98-24 Exhibits to the Agreement for the Operation of the Recycling Center - 2024.pdf

Article 3.10 Consent of Surety #873944 To Accompany Proposal Evergreen National Indemnity Company (hereinafter called Surety), organized and existing under the laws of The State of _ Ohio and duly authorized and qualified to transact business in the State of New Jersey, in consideration of the sum of One Dollar ($1.00), lawful money of the United States of America, to it in hand paid, receipt whereof is hereby acknowledged, and in consideration, hereby certified and agrees that if the contract for which that attached Proposal is made be awarded to Nature's Choice NJ, LLC (hereafter called Contractor) for the performance of certain work or supplying of certain materials, or both, as more particularly set forth in said Proposal and described for purposes of this instrument as a Proposal for Operation of Township Recycling Center to the TOWNSHIP OF WEST ORANGE and if Contractor shall enter into the contract with a bond in the full amount of the contract price. Evergreen National Indemnity Company (Name of Insurance Company) 6150 Oak Tree Blvd., Suite 440, Independence, OH 44131 (Address) Qui Kk Couwne U Julie K Bowers, Attorney in Fact (Signature Attorney-In-Fact for Insurance Company) Note: Proof of authority of officers of Surety Company to execute this document must be submitted, aq

EVERGREEN NATIONAL INDEMNITY COMPANY Independence, Ohio POWER OF ATTORNEY Bond No. 873944 KNOW ALL MEN BY THESE PRESENTS: That the Evergreen National Indemnity Company, a corporation in the State of Ohio does hereby nominate, constitute and appoint: Julie K Bowers, Denise M Borowy, Hilarie Frankenberry, Karen M Loconti-Diaz, Lillian Pezzano, Kathleen P Price, Patricia A Temple its true and lawful Attorney(s)-In-Fact to make, execute, attest, seal and deliver for and on its behalf, as Surety, and as its act and deed, where required, any and all bonds, undertakings, recognizances and written obligations in the nature thereof, This Power of Attorney is granted and is signed by facsimile pursuant to the following Resolution adopted by its Board of Directors on the 23rd day of July, 2004: “RESOLVED, That any two officers of the Company have the authority to make, execute and deliver a Power of Attorney constituting as Attorney(s)- in-fact such persons, firms, or corporations as may be selected from time to time FURTHER RESOLVED, that the signatures of such officers and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile; and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company; and any such powers so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.” IN WITNESS WHEREOF, the Evergreen National Indemnity Company has caused its corporate seal to be affixed hereunto, and these presents to be signed by its duly authorized officers this 1st day of April, 2022. EVERGREEN NATIONAL INDEMNITY COMPANY , Ae & J By: Matthew T. Tuc! President ah By: David A. Canzone, C Notary Public) State of Ohio) Ss: On this 1st day of April, 2022, before the subscriber, a Notary for the State of Ohio, duly commissioned and qualified, personally came Matthew T. Tucker and David A. Canzone of the Evergreen National Indemnity Company, to me personally known to be the individuals and officers described herein, and who executed the preceding instrument and acknowledged the execution of the same and being by me duly sworn, deposed and said that they are the officers of said Company aforesaid,

escribed herein, and who executed the preceding instrument and acknowledged the execution of the same and being by me duly sworn, deposed and said that they are the officers of said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of said Corporation, and that the resolution of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF., | have hereunto set my hand and affixed my official seal at Cleveland, Ohio, the day and year above written ghz, lie K Bowers Geta. K Cover We 3 Notary Public Proce NMR SEE Julie K. Bowers, Notary Public Xr My Commission Expires ie Aagust 13, 202% My Commission Expires August 13, 2024 State of Ohio ) Ss. |, the undersigned, Secretary of the Evergreen National Indemnity Company, a stock corporation of the State of Ohio, DO HEREBY CERTIFY that the foregoing Power of Attomey remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth herein above, is now in force. Signed and sealed in Independence, Ohio, this 7th day of February, 2024. Mi, E~ Wan C. Collier, Secretary

CONSENT OF SURETY A performance bond will be required from the successful contractor on this project, and consequently, all bidders shall submit, with their bid, a consent of surety in substantially the following form: To: County of Hudson (Owner) Re: Nature’s Choice NJ, LLC (Contractor) Leaf Disposal and Recycling Servies for Hudson County Parks (Project Description) This is to certify that the Evergreen National Indemnity Company (Surety Company) will provide to County of Hudson a performance bond in (Owner) the full amount of awarded contract in the event that said contractor is awarded a contract for the above project. Nature’s Choice NJ, LLC (CONTRACTOR) Evergreen National Indemnity Company 7 y Pas i, f, Mutu K wir 0) (Authorized Agent of Surety Company) Julie K Bowers, Attorney in Fact Date: January 17, 2024 CONSENT OF SURETY MUST BE SIGNED BY AN AUTHORIZED AGENT OR REPRESENTATIVE OF A SURETY COMPANY AND NOT BY THE INDIVIDUAL OR COMPANY REPRESENTATIVE SUBMITTING THE BID.

EVERGREEN NATIONAL INDEMNITY COMPANY Independence, Ohio POWER OF ATTORNEY Bond No. 873950 KNOW ALL MEN BY THESE PRESENTS: That the Evergreen National Indemnity Company, a corporation in the State of Ohio does hereby nominate, constitute and appoint: Julie K Bowers, Denise M Borowy, Hilarie Frankenberry, Karen M Loconti-Diaz, Lillian Pezzano, Kathleen P Price, Patricia A Temple its true and lawful Attorney(s)-In-Fact to make, execute, attest, seal and deliver for and on its behalf, as Surety, and as its act and deed, where required, any and all bonds, undertakings, recognizances and written obligations in the nature thereof. This Power of Attorney is granted and is signed by facsimile pursuant to the following Resolution adopted by its Board of Directors on the 23rd day of July, 2004: "RESOLVED, That any two officers of the Company have the authority to make, execute and deliver a Power of Attorney constituting as Attorney(s)- in-fact such persons, firms, or corporations as may be selected from time to time FURTHER RESOLVED, that the signatures of such officers and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile; and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company; and any such powers so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.” IN WITNESS WHEREOF, the Evergreen National Indemnity Company has caused its corporate seal to be affixed hereunto, and these presents to be signed by its duly authorized officers this 1st day of April, 2022. EVERGREEN NATIONAL INDEMNITY COMPANY By: By: David A. Canzone, CFO Notary Public) State of Ohio) SS: On this 1st day of April, 2022, before the subscriber, a Notary for the State of Ohio, duly commissioned and qualified, personally came Matthew T. Tucker and David A. Canzone of the Evergreen National Indemnity Company, to me personally known to be the individuals and officers described herein, and who executed the preceding instrument and acknowledged the execution of the same and being by me duly sworn, deposed and said that they are the officers of said Company aforesaid, and that the seal affixed to the

the preceding instrument and acknowledged the execution of the same and being by me duly sworn, deposed and said that they are the officers of said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of said Corporation, and that the resolution of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, | have hereunto set my hand and affixed my official seal at Cleveland, Ohio, the day and year above written. Chol K Cover lite, llie K Bowers : cay Natary Public Pipleden aoe Julie K. Bowers, Notary Public ages 13, 2028 My Commission Expires August 13, 2024 State of Ohio ) ss |, the undersigned, Secretary of the Evergreen National Indemnity Company, a stock corporation of the State of Ohio, DO HEREBY CERTIFY that the foregoing Power of Attorney remains in full force and has not been fevoked; and furthermore that the Resolution of the Board of Directors, set forth herein above, is now in force Signed and sealed in Independence, Ohio, this 17th day of January, 2024 Me E~ Wan C. Collier, Secretary

DATE (MMIDDIYYYY) J . ACORD CERTIFICATE OF LIABILITY INSURANCE owner THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). Ponvese CONTACT wthur J, Gallagher Risk Management Services, LLC [PHONE 7 200 Jefferson Bark HAIG. No, Ext: 600-350-6005 __ Whippany NJ 07981 ADDRESS: — INSURER(S) AFFORDING COVERAGE INSURER A: Nautilus Insurance Company INSURED ae ; ~~ TASRECY-O1T sures; Great Divide Insurance Company - 25224 Rear eesti ge) Aecuisten Patent Ele | INSURER: Selective Fire & Casualty Insurance Company 14377 1106 Millstone River Road INsuRER 0 : New Jersey Manufacturers Insurance Co 12122 Hillsborough NJ 08844 INSURER E: _ - - - NSURERF: COVERAGES CERTIFICATE NUMBER: 317316166 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE EEEN REDUCED BY PAID CLAIMS. WSR ~JADBLSUBR] POLICY EFF | POLIGY EXP Nie ‘TYPE OF INSURANCE INSD | WVD. POLICY NUMBER. (MM/DDIYYYY) | (MMIDDIYYYY) LIMITS, A | X | COMMERGIAL GENERAL LIABILITY Y | GSP2032086-13 5/18/2023 | 5/15/2024 | Each OCCURRENCE > DAMAGE TO RENTED ciams-mape | X | occur PREMISE! rence) _| $300,000 nr _MED EXP (Any one person) __| $ 25,000 | X | site Pottution ee | PERSONAL &ADVINJURY | $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X | poucy |_| S88 Loc PRODUCTS - COMPIOP AGG

XP (Any one person) __| $ 25,000 | X | site Pottution ee | PERSONAL &ADVINJURY | $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X | poucy |_| S88 Loc PRODUCTS - COMPIOP AGG | $2,000,000 OTHER: Polson $1,000,000 B | AUTOMOBILE LIABILITY BAP2032087-13 5/15/2023 | 5/15/2024 | GONBINEDSINGLELIMIT | $4,000,000 1X ] ny auto BODILY INJURY (Per person) | $ ~~"| OWNED. SCHEDULED | Boo. ~ 17] fine ONLY AUTOS | BODILY INJURY (Per accident] $ Me X | NON-OWNED PROPERTY DAMAGE : AUTOS ONLY *_| AUTOS ONLY (Per accident) — 5 | A UMBRELLA LIAB | occur FFX2032088-13 5/16/2023 | 5/15/2024 | Eack OCCURRENCE $5,000,000 X | excess as | cLAIMS-MaDE| AGGREGATE $ _ veo |__| rerennions [WORKERS COMPENSATION ‘W39108-6-23 wwv2oz3 | 12024 |X | SER ad | AND EMPLOYERS! LIABILITY YIN [ STATUTE l ER /ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000 OFFICERMEMBEREXCLUDED? NIA —— [Mandatory in NH) [EL DISEASE EA EMPLOYEE, $ 1,000,000 Iyes, describe under fo ami DESCRIPTION OF OPERATIONS below. il i EL. DISEASE - POLICY LIMIT_| $ 1,000,000 G | Leased/Rented Equipment | $2368325 5/15/2023 5/15/2024 | Maximum Any One Item $400,000 | | DESCRIPTION OF OPERATIONS / LOCATIONS / VEHIGLES (ACORD 101, Additional Remarks Schedule, may bo aifached if mare space Is required) General Liability Additional Insured Forms: (On Going Ops) - #GSP7005 | (Completed Ops) - #GSP7106 Township of West Orange is included as Additional Insureds with respects to the General Liability policy as required by written contract. CERTIFICATE HOLDER CANCELLATION ‘SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Township of West Orange 66 Main Street West Orange, NJ 07052 7 ye, oe: 5 OF sth al Wiarhea fel t © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD

Section 7: Site Improvement Description Proposed Site Plan Improvement and Layout Oder Control System Odor Control Neutralizing Agent

Site Improvement Description Re- Landscape entrance to the facility improving screening from the public. Mill and re-pave approximately 10,000 square feet of the entrance and road entering the facility. Reconstruct and enhance Class A, B, and C residential drop-off area. Improve and create better signage at the Class A convenience center. Re-grade Class B facility for better vehicle access. RE- Grade and clean up berm on east side of the facility and plant ornamental grass or approved other on the berm to screen facility from sensitive receptors. Re- Grade Berm at the center of the facility improve planting at the apex for better screening of the facility. Improve and grade transfer areas of B &C materials for a more efficient transfer of overflow materials to one of Nature’s Choice NJDEP permitted facilities. Improvement to Drainage control features to realize Best Management Practices for storm water. Grade Class C area to improve drainage. Update Drainage outlets replacing Stone and Compost socks maintain and clean out Drainage swales. Nature’s Choice has a bagging facility at its Sparta location. We will bag West Orange Mulch and make it available to sell at the facility for a price of $3.00/bag. The Township of West Orange will keep 100% of the revenue produced from the bag sales (please see enclosed draft bag design). Nature’s Choice will supply 10,000 bags. Install New Fire Hydrant at the replacing existing Hydrant