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

uch information at any time during normal business hours. 5. If the system that has been approved proves to be inadequate to neutralize odors to the satisfaction of the Township, New Jersey Department of Environmental Protection or the Essex County Health Department, an additional system(s) may need to be employed, or in the alternative, a different system may need to be employed and the Operator agrees to this condition. a. Any costs associated with an alternative system will be borne solely by the Operator. 6. The Township shall be notified in advance of any substitution of odor neutralizing chemical prior to its use at the site. a. A complete MSDS shall be provided as needed for any substitution of chemicals. 25

2.14.4 Operator shall implement a Fire Safety Prevention protocol that conforms to the following minimum standards in addition to the implementation of the approved fire prevention plan as approved by the West Orange Fire Department. 2.14.4(a) The Operator shall maintain sufficient fire access to the site and to all Class A, B and C materials at all times. Such access shall include sufficient width between storage piles as may be required by the West Orange Fire Department and surface preparation so as to allow unimpeded access to emergency vehicles. 2.14.4(b) The Operator shall maintain a fire safety watch whenever the National Weather Service or local authorities have issued any form of fire warning for West Orange and surrounding environs. Said fire watch will be maintained at any time the storage of Class A, B or C materials is maintained on the site. 2.15 UTILITIES 2.15.1 The cost for all utilities, including water usage and water service charges, required to operate the Recycling Convenience Center, the Class B and Class C locations at the Site shall be paid by the Operator. 2.16 ACCIDENT REPORTING 2.16.1 The Operator shall prepare written Accident Reports containing the date, time, type of accident, weather conditions, etc. along with the names of witnesses and any other pertinent information. These records shall be submitted to the Township Engineer/Director of Public Works and Director of Public Works and maintained along with the other Facility records by the Operator in the onsite trailer. 2.17 RECORD KEEPING 2.17.1 All records shall be kept in a neat and orderly manner to facilitate inspection by the Township of West Orange and representatives of the regulatory agencies. 2.17.2 Incoming and Outgoing material reports for all Class B and Class C material shall be provided to the Township no later than March 1 after the close of the preceding year in a form as required by the Township. 2.17.3 All Gross Revenues generated from the site shall be maintained in a form for reporting to the Township under the provisions of 2.20. 2.18 REGULATORY OVERSIGHT BY WEST ORANGE 2.18.1 The Township of West Orange Environmental Compliance Officer in accordance with the following schedule will inspect the Recycling Facility: 2.18.1(a) Class “B” recycling operation shall be inspected three (3)

West Orange Environmental Compliance Officer in accordance with the following schedule will inspect the Recycling Facility: 2.18.1(a) Class “B” recycling operation shall be inspected three (3) times per 26

month for the first six (6) months of the contract. 2.18.1(a)I Class “B” recycling operation shall be inspected two (2) times per month each month thereafter for the duration of the contract. 2.18.1(b) Class “C” recycling operation shall be inspected three (3) times per month for the first six (6) months and the last six months of the contract. 2.18.1(b)I Class “C” recycling operation shall be inspected two (2) times per month each month thereafter for the duration of the contract. 2.18.1(c) The Recycling Convenience Center shall be inspected one (1) time per month for the duration of the contract. 2.18.2 The Environmental Compliance Officer shall be paid for the inspection services above from the escrow fund established in accordance with this RFP. 2.18.2(a) The inspections outlined in 2.18.1(a) & (b) shall result in total charges of $800.00 per inspection for the Class B and Class C facilities combined. 2.18.2(b) The inspections outlined in 2.18.1(c) shall result in total charges of $200.00 for each inspection of the Recycling Convenience Center. 2.18.3 The Township of West Orange Environmental Compliance Officer shall be provided with a key to allow twenty-four (24) hour access to the facility for the purposes of evaluation and compliance monitoring. 2.18.4 The Township of West Orange Environmental Compliance Officer shall conduct additional inspections in response to resident and Township Official complaints on an as needed basis. 2.18.4(a) Should additional inspections be required as outlined herein, the Contractor shall be billed at the standard inspection rates as indicated herein or an hourly rate of $185.00/hour for each such inspection; whichever sum is greater and shall pay all ancillary costs associated with such an inspection including, but not limited to, travel time at the above rate and mileage at $.655/mile. 2.18.5 The Operator agrees to place into escrow the sum of $25,000 to cover the cost of inspections as outlined herein. When the escrow fund falls below $20,000, the Operator agrees to replenish the escrow fund to restore the balance of the escrow fund back to $25,000. 2.18.6 The Operator agrees that any remaining amounts in the escrow funds will be returned to the Operator within thirty

ish the escrow fund to restore the balance of the escrow fund back to $25,000. 2.18.6 The Operator agrees that any remaining amounts in the escrow funds will be returned to the Operator within thirty (30) days from the termination of the Agreement. 2.19 LIQUIDATED DAMAGES AND PAYMENTS 2.19.1 The parties acknowledge that in the event of a default in performance by the Contractor(s), it is foreseeable that the Township of West Orange will suffer damages for which it is entitled to be compensated. Certain of these damages may be reasonably ascertained. Others shall consist of intangible losses which are difficult to accurately calculate and assess, including, but not limited to, revenue losses and general and administrative costs. For these intangible losses, in the event the Operator fails to satisfactorily comply with all of the terms and conditions of these Proposal 27

specifications, the Operator shall be liable for, and the Town may assess, the below listed sums as Liquidated Damages. 2.19.2 Liquidated Damages shall be assessed based on the findings of the Environmental Compliance Officer during the course of inspections of each of the recycling areas outlined within the scope of this RFP. Assessments shall be made within the confines of the following procedures: 2.19.2(a) The Environmental Compliance Officer will provide a written Notice of Deficiency to the Operator outlining the operational violation requiring attention, the recommended corrective action and the time period within which such correction shall be made. 2.19.2(b) Failure to correct said findings within the grace period shall result in an assessment of damages from the date of the finding to the date of final correction. 2.19.3 For failure of the Operator to comply with applicable laws in connection with solid waste disposal of residual solid waste or other materials that should be removed from the site, up to five hundred ($500.00) for each day in which the failure occurs shall be assessed. 2.19.4 Up to five thousand dollars ($5,000.00) for each incident or event where the Operator receives vegetative material beyond the scope of this RFP; including, but not limited to, the receipt of grass clippings other than de minimis quantities incidentally found in the collection of leaves, or material in excess of that amount permitted under the terms of the RFP and the limited approval of the facility. Each truckload or portion of a truckload shall be considered a separate event. 2.19.5 For the Operator’s personnel soliciting gratuities from residents, up to two hundred dollars ($200.00) for each incident. 2.19.6 Any failure by the Operator to arrange for the recycling of materials as specified herein may result in the assessment of liquidated damages of up to five thousand dollars ($5,000.00) per day plus any and all costs incurred by the Township of West Orange for the alternate marketing of said materials. 2.19.7 For failure of the Operator to comply with the operating conditions of the exempt Class “B” and exempt Class “C” recycling facilities as required under the terms of the exempt operating procedures mandated by the NJDEP or by the terms of this RFP, liquidated damages of up to five hundred dollars

exempt Class “C” recycling facilities as required under the terms of the exempt operating procedures mandated by the NJDEP or by the terms of this RFP, liquidated damages of up to five hundred dollars ($500.00) per day that such non-compliance remains in effect. 2.19.8 The Township of West Orange may seek reimbursement from the Operator for the actual costs incurred by the Township for the response/deployment of the Township of West Orange Fire Department to a fire or other condition at the site caused by the Operator’s failure to comply with the operating conditions herein. 2.19.9 The Operator shall make rental payments in accordance with the amount submitted in their Proposal no later than the fifteenth (15th) day after the end of each month. 28

2.19.10 The Operator shall make revenue sharing payments in accordance with the percentage of Gross Revenues as reported under the terms of Section 2.20 no later than the fifteenth (15 th) day after the end of each calendar quarter. 2.19.10 (a) The Operator shall submit a fully completed report as required under 2.20.4 with each payment. 2.20 REPORTING OF RECYCLING CONVENIENCE CENTER ACTIVITY 2.20.1 The Operator agrees that at its sole cost and expense, it will provide to the Township’s Engineer and/or Director of the Department of Public Works, and the Environmental Compliance Officer, an annual report which sets forth the number of tons of recyclable materials delivered to markets during the prior year. 2.20.1(a) All reporting of recyclable materials shall conform to the requirements of the New Jersey Department of Environmental Protection as required under the terms of Recycling Tonnage Grant Applications submitted by the Township. At a minimum, such data must include: 2.20.1(a)1 The marketing date 2.20.1(b)2 The weight receipt number 2.20.1(c)3 The market’s name 2.20.1(d)4 The market’s address 2.20.1(e)5 The weight of the material sold 2.20.1(f)6 The range and average price received/paid per ton for each recyclable during the year. 2.20.1(g)7 All data must be provided on the Operator’s letterhead and signed. 2.20.1(h)8 The prices paid to the Operator or to the market by the Operator for each material by type on a per ton basis, or where sold in the aggregate, the aggregate price received per ton. 2.20.2 The Operator shall provide an annual report in either an excel or word format no later than March 1 for the prior year that provides an annual summary of all Class B and Class C materials received at the facility during the prior year in cubic yards in order that the Township can accurately determine the Operator’s compliance with the Exempt Class B and Class C facility requirements. Said report shall include, at a minimum: 2.20.3(a) Total cubic yards of Class B material received during the calendar year. 2.20.3(b) Total cubic yards of Class B material shipped from the site in raw form during the calendar year.

otal cubic yards of Class B material received during the calendar year. 2.20.3(b) Total cubic yards of Class B material shipped from the site in raw form during the calendar year. 2.20.3(c) Total cubic yards of Class B material that has been processed as either: - First grind - Second grind - Dyed or finished mulch 2.20.3(d) Class C material received at the facility. 2.20.3(e) Class C material removed after receipt from the facility. 2.20.4 The Operator shall provide a report at the close of each calendar quarter that outlines the Gross Revenues generated by the operation as it relates to all materials received or sold from the site. The report shall include: 29

2.20.4(a) Total volume and Gross Revenue of material received by material type as follows: - Leaves - Brush - Tree Parts - Clean Wood - Soil 2.20.4(b) Total volume and Gross Revenues generated by the sale of each material as follows: - blended soils, - finished compost -decorative stone - mulch of all grades - landscape supplies 2.21 CHANGES TO OPERATING PROCEDURES 2.21.1 Changes to the Operating Procedures or approved equipment shall first require the approval in writing of the Township of West Orange and the NJDEP. 2.21.2 All expenses and fees required to change the Operating Procedures and/or Equipment utilized at any part of the recycling facilities shall be paid for by the Operator. 2.21.3 The Operator shall reimburse the Township for all of the Township’s expenses incurred with regard to this Agreement and all operations within seven (7) days of receipt. 2.22 TERMINATION 2.22.1 West Orange may, in its sole discretion, upon seven (7) days written notice delivered via hand delivery, overnight service or telecopy transmission to the Operator, terminate or limit the services of the Operator for good cause, including, but not limited to, the following: a. Non-performance by the Operator; b. Abandonment of the Facility by the Operator, which shall include, but not be limited to, the failure to be open and fully operational for two (2) consecutive business days; c. Failure to provide proof of renewal of the Performance and Payment Bond (“Bond”) and Certificate of Insurance (“Insurance”) at least ten (10) business days before expiration of the existing Bond and Insurance; d. Expiration or termination of any permit necessary for the performance of the services required hereunder. e. Any negative declaration, charge or determination by the DEP or other governmental entity which is not cured within thirty (30) days; and f. Failure to reimburse the Township for any cost or expense incurred by the Township within seven (7) days of being provided a written request for