Conference/Public Meeting Agenda/Documents — Packet

sessed per day for each such failure until such time as the Recycling Convenience Center has been made to comply with the facility operating requirements. 2.19.4 For failure of the Operator to comply with applicable laws in connection with solid waste disposal of overs, residual solid waste or other materials that should be removed from the site, the sum of five hundred ($500.00) for each day in which the failure occurs shall be assessed. : 2.19.5 Five thousand dollars ($5000.00) 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 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. 24

© 2.19.6 For Operator’s personnel soliciting gratuities from residents, a sum of two hundred dollars - ($200.00) for each incident. 2.19.7 Any failure by the Operator to arrange for the recycling of materials as specified herein may result in the assessment of liquidated damages in an amount equal to five thousand dollars ($5000.00) per day plus any and all costs incurred by the Township of West Orange for the alternate marketing of said materials. 2.19.8 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 in an amount equal to five hundred dollars ($500.00) per day that such non-compliance remains in effect. 2.20 ANNUAL 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 an annual report which sets forth the number of tons of recyclable materials delivered to markets during the prior year. _ 2.20.2 All reporting of recyclable materials shall conform to the requirements of the New. Jersey Department of Environmental Protection as required tnder the terms of Recycling ~~~ Tonnage Grant Applications submitted by the Township. At a minimum, such data must include: 2.20.2(a) The marketing date 2.20.2(b) The weight receipt number 2.20.2(c) The market’s name 2.20.2(d) The market’s address 2.20.2(e) The weight of the material sold 2.20.2(f) The Range and average price received per ton for each recyclable during the year. 2.20.2(g) All data must be provided on the Operator’s letterhead and signed. 2.20.2(h) The prices paid to the Operator for each material by type on a per ton basis, or where sold in the aggregate, the aggregate price received per ton. 2,21 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

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. 25

O © 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 above address for the Operator, terminate or limit the services of the Operator for good cause, including but not limited to the following: a. b. Nonperformance by the Operator. Abandonment of the Facility by the Operator which shall include, but not be limited to, the failure to be open and fully operations for two (2) consecutive business days. 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. Expiration or termination of any permit necessary for the performance of the services required hereunder. Any negative declaration, charge or determination by the DEP or and other governmental entity which is not cured within thirty -(30) days. 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 reimbursement. Any items remaining after seven (7) days shall be deemed abandoned to West Orange for all purposes and West Orange shall not be responsible for their use or disposal. 2.23 OPERATOR NON-PERFORMANCE a. Non-performance by the Operator shall include, but not be limited to, any of the following situations: 1, Failure to be open and accept Vegetative Waste during the days and hours prescribed in Section 2.4 and failure to be open, operate and accept materials at the Recycling Convenience Center on the days and hours prescribed in Section 2.4 (except national holidays). 2. Failure to staff the Facility with at least one person during all hours of operation. 3. Failure to provide on-site, at least one day every thirty days, a tub- grinder and other equipment necessary to load and process Vegetative Waste unless the Operator removes the Vegetative Waste off-site for disposal. 4, Failure to comply with all conditions of any and all permits and laws of the Township of West Orange, the State of New Jersey and the DEP. 5. The stockpiling of any items at levels or operations which are deemed to be a fire, safety and/or health concern in the sole discretion of the Fire Chief, Fire Director and/or Director of the Department of

tockpiling of any items at levels or operations which are deemed to be a fire, safety and/or health concern in the sole discretion of the Fire Chief, Fire Director and/or Director of the Department of Health or their designees. 26

6. Failure to accept and process at no cost to the Township Vegetative Waste generated by the Township and delivered to the Facility by the Department of Public Works for the Township. 7. Any breach of any provision of this agreement. 2.24 PERFORMANCE BOND AND INSURANCE Before commencing the Work, the Operator shall furnish to West Orange the following: a A Performance and Payment Bond will be required at the time of the signing of the contract. It must be a Performance and Payment Bond, in the form acceptable to the West Orange Township Attorney, and in an amount equal to $1,000,000, duly executed by the successful Respondent (Operator), as principal and by a reputable surety company rated A+ or better by A.M. Best Company’s Insurance Ratings licensed to do business under the laws of and in the State of New Jersey and satisfactory to the Township of West Orange. The Performance Bond must specifically provide that it will indemnify and pay all costs related to any actions caused by the Operator’s use of the Facility. This specifically includes but is not limited to costs and expenses incurred by any adverse governmental. ---regulatory action: and-costs-and-expenses potentially-incurred to-transport- and dispose of the Township’s Vegetative Waste at sites other than the Facility. If the Surety on the Bond furnished files bankruptcy or becomes insolvent or its right to do business is terminated, or it ceases to meet the requirements stated herein, the Operator shall within five (5) days thereafter substitute another Bond and Surety from a reputable surety company tated A+ or better by A.M. Best Company’s Insurance Ratings licensed to do business in the State of New Jersey acceptable to the Township of West Orange. Worker’s Compensation Insurance per state requirements; A comprehensive General Liability Policy with a combined single limit of $2,000,000 for bodily injury and property damage. The policy shall include coverage for “XCU” exposures and completed operations coverage. An Automobile Public Liability and Property Damage Policy with a combined single limit of $2,000,000.00 for bodily injury and property damage. All certificates of insurance shall stipulate that the insurance will not be changed or canceled without giving thirty - (30) days prior written notice to the Township of West Orange by registered mail, Any notice of termination shall

l stipulate that the insurance will not be changed or canceled without giving thirty - (30) days prior written notice to the Township of West Orange by registered mail, Any notice of termination shall constitute an immediate default and permit the Township to immediately terminate this agreement. 27

f. Certificates shall show the type, amount, class of operations covered, effective dates and expiration dates for all policies. om ? All said policies shall remain in full force and effect during the term of this Agreement, and for any additional period of time as required and list West Orange as an additional insured. cy and on, / Co) 28

SECTION 3.0 PROPOSAL DOCUMENT

Section 3.01 Respondent Disclosure Statement Respondent Disclosure Statement must be fully and accurately completed. IF YOU FAIL TO PROPERLY COMPLETE THIS RESPONDENT DISCLOSURE STATEMENT, THEN YOUR PROPOSAL SHALL RESULT IN REJECTION. 1. Business Form: Indicate the business form by placing an “X” in the appropriate box: o Corporation a Partnership . . XK —_—Other- if other, specify: Limutad Liadbil4y Comeany List the names and addresses of all individuals, partners or other entities that have a 10 percent or more interest in the corporation or partnership. If none, then state none. Name Address 1. Leonard Prvello | Caven 9+. Avenue, Jersey City, NT 07205 2Nichdlas Vene | Caven?t Avenue Jersey Gty, NJ 0730S an