293-22 Exhibit A.pdf

o Contact person, including telephone number and address; and o Evidence that the firm complied with all applicable statues, laws and regulations during the operation of the facility. 1.04.3 All proposed Subcontractors shall be listed on the Subcontractor Use Form and are subject to approval by the Township of West Orange. 1.04.4 Responses from joint ventures or associated firms shall include qualifications and experience from the lead firm and the project team in addition to addressing individual firm responsibilities, and coordination of all work. 1.04.5 The Township of West Orange reserves the right to require the submission of additional information regarding qualifications, as it may deem necessary, and may consider any evidence available on the financial, technical or other qualifications or abilities of any Respondent. 1.04.6 The Contract will only be awarded to a Respondent who, in the opinion of the Township of West Orange, is fully qualified to undertake the work, and who possesses the necessary resources to perform same. 1.05 Familiaritv with the Work 1.05.I It is the obligation of the Respondent to apprise itself of all facts necessary to undertake the performance of the work. This includes, but is not limited to, the examination of the site, related documents, the current exemptions, the most recent New Jersey Department of Environmental Protection regulations for Compost/Processing of Depot/Transfer facility operations and other applicable Rules and Regulations. 1.05.2 The Respondent hereby expressly waives any right to, and agrees that it will make no claim for, a reduction in the payments made to the Township of West Orange under these terms of the Contract because of any misinterpretation or misunderstanding of this Request for Proposal (RFP) or because of any failure to fully acquaint itself with all conditions relating to work. 1.05.3 The Proposal submitted shall be at the sole cost and expense of each Respondent, and all materials submitted within the Proposal shall become the property of the Township of West Orange. No Proposals or other submitted materials will be returned. 1.06

ndent, and all materials submitted within the Proposal shall become the property of the Township of West Orange. No Proposals or other submitted materials will be returned. 1.06 Interpretation o(Documellls 1.06.1 Only the interpretations or corrections issued as written Addenda by the Township of West Orange shall be binding with respect to this RFP. No 9

other source is authorized to give information regarding any explanation or interpretation of these Documents. Written Addenda shall be posted on the Township Web site or sent to all parties who register in writing with the Township by certified mail with return receipt requested. 1.07 Cause o[Rejection 1.07. 1 Proposals may be rejected for any reason including but not necessarily Iimited to the following: 1.07.1.1 Not fully responsive to the RFP 1.07. 1.2 Inability to qualify or perform the specified work 1.07.2 The Township of West Orange reserves the right to waive any and all irregularities and informalities in the submission of the Proposals. The Township of West Orange reserves the right to reject any and/or all Proposals submitted in response to this RFP. 1.08 Award and Execution of Contract 1.08. 1 The Contract is scheduled to be awarded prior to termination of the existing current Contract and shall take effect at the expiration of the prior Contract term. The award may be delayed by the Township of West Orange due to rejection of one or more of the Proposals or under the advice from the Township of West Orange's staff and the Township Council. All Respondents will be notified in writing of the action taken by the Township of West Orange. l.08.2 The award will not be binding upon the Township of West Orange until all required documentation has been submitted by the Respondent, the West Orange Township Council has issued a resolution awarding the Contract and the Contract has been executed by all parties. 1.08.3 The Township of West Orange is utilizing competitive contracting in accordance with NJ.S.A. 40A:l 1-4. l through 4.5 for the procurement of the services specified in these bid documents. In addition to the bidder's responsiveness to this RFP, the awarding of this contract will be based on an evaluation and ranking of each respondent's bid with respect to the following items: l) Revenues to be received or cost to be paid 2) Experience of the Respondent 3) Qualifications of staff to be assigned the work

l) Revenues to be received or cost to be paid 2) Experience of the Respondent 3) Qualifications of staff to be assigned the work 4) Equipment to be assigned to perform the work 5) Violations, Fines, Notices of Violations from any governmental agency 10

6) Detailed site improvement plan The Township will use weighting criteria in its evaluation methodology. Each proposal will be evaluated by an evaluation team consisting of individuals chosen by the Township. In making each evaluation, the team will be guided by the following point system that has 100 points at the maximum total: 1. Revenues or cost 0 to 30 2. Experience of Respondent 0 to 25 3. Qualifications of Staff 0 to l 0 4. Equipment 0 to 15 5. Violatiohs, Fines, Notices 0 to l5 of Violations 6. Detailed Site Improvement Plan 0 to 5 ! .08.4 Any Bid submitted shall be for a three (3) year contract to commence October 1, 2018 with two (2) options to renew for additional one year periods. The Township will notify the Operator 120 days prior to the expiration of the three (3) year contract if it will exercise the option to renew for another one year period. Should the contract be extended for one (I) additional year, the Township will notify the Operator 120 days prior to the expiration of the one year extension if it will exercise the option and renew the contract for the fifth and final year. l .08.5 The successful Respondent shall commence the work contemplated herein upon receipt of a written Notice-to-Proceed from the Township of West Orange, which shall be issued within 15 calendar days following the execution of the Contract by both pa11ies. 1.09 Insurance 1.09.1 Before commencing work, the respondent shall furnish the Township of West Orange with insurance certificate copies providing evidence of coverage. The Insurance requirements are specified in Section 2.24, Performance Bond and Insurance. 1.09.2 The Respondent shall maintain the above coverage in force for the duration of the contract. 1.09.3 The coverages under Section 2.24 shall be endorsed to include the Township of West Orange as additional insured for the duration of the Contract. 11

1.10 Bid Proposal Security 1.10.1 Each proposal must be accompanied by a bid security in the form of a certified check from the Respondent, or a "bid bond" supplied by the responding party or its third-party company, and duly executed by the Respondent as principal and by a reputable surety company rated A+ or better by A.M. Best Company's Insurance Rating, licensed to do business under the Jaws of and in the State of New Jersey and satisfactory to the Township of West Orange, as Surety. The amount of the bid security shall be ten (10%) percent of the Total Contract Amount indicated in the Proposal Form, not to exceed $20,000. 1.10.2 The bid security will be held by the Township of West Orange as security for fulfillment of the Respondent's Promises, as set forth in this Proposal, that it will not withdraw the Proposal while it is being considered and that it will execute the Contract and furnish all required bonds, insurances, and other documentation required within the specified time, shall forfeit the bid security. I. I0.3 The Respondent to which the Contract has been awarded, upon his failure or refusal to execute the Contract or to deliver the bonds, insurances or other documentation required within the specified time, shall forfeit the bid security. I. 11 Consent ofSurety, Per[ormance and Payment Bond Each proposal must be accompanied by a Consent of Surety signed by a surety company stating that ifthe Respondent's proposal is accepted, the surety company which provides the Consent shall be required to furnish a Performance and Payment Bond in the amount as specified in Section 2.24. Such surety company will provide the Respondent with bonds guaranteeing the faithful performance of work in accordance with the RFP, and the payment of labor, materials and all other indebtedness which · may accrue on the account of this contract. A Performance and Payment Bond will be required at the time of the signing of the contract. The amount of the bond and the rating of the Surety Company are specified in Section 2.24, Performance Bond and Insurance. 1.11.2

me of the signing of the contract. The amount of the bond and the rating of the Surety Company are specified in Section 2.24, Performance Bond and Insurance. 1.11.2 The performance and payment bond must be furnished with the executed Contract and shall remain in effect until Contract completion. Jn lieu of the Consent of Surety, the Respondent may submit a Certified Check for the required amount. 12

1.12 Contract Documents 1.12.1 The contract documents shall consist of this Request for Proposal (RFP) including, Sections 1.0, 2.0, 3.0 and Appendix "A," along with the Respondent's Detailed Site Improvement Plan signed by a licensed engineer, the Respondent's Proposal form, and an Agreement between the successful Respondent and the Township of West Orange which incorporates the terms of this RFP. 1.12.2 Should discrepancies exist between the Request for Proposal (RFP) and the Respondent's Proposal, the requirements of the Request for Proposal (RFP) will govern, unless otherwise agreed to in writing by the Township of West Orange. 1.13 Operations and Marketing 1.13.1 Respondents shall submit a Proposal for the operation and marketing services for the Recycling Center. 1.13.2 The Proposal shall address the scope of work and other requirements . included in Section 2 of this Request for Proposal (RFP). 1.13.3 The Proposal shall include a list of all personnel that will be assigned to the work along with experience summaries for each. The Proposal shall also include a flow chart specifying personnel responsibilities by position. The supervisory personnel indicated in the Proposal shall not be changed without approval from the Township of West Orange. 1.13.4 While a detailed marketing plan is not required as part of the Proposal, a brief description, generally indicating the markets that will be investigated for disposal of the end product shall be included, 1.14 Proposal Form 1.14. 1 The revenue or cost information shall be required on the Proposal Form included in Section 3.0. The Proposal Form shall be completed in ink or by typewriter. Erasure or alterations must be initialed by the Respondent in ink. The prices shall be stated in words and numerals. All blank spaces must be completed. Ditto marks shall not be used. 1.14.2 Discrepancies between words a.nd numerals will be resolved in favor of the words. 1.14.3 All names must be typed or legibly printed below the signature. 13

l .14.4 The Proposal Form includes a Base Bid. The Base Bid is for the operation of the Recycling Center for Class B, Exempt Woods, Class C, Exempt Compost Operation and the Recycling Convenience Center. The Base Bid includes the site improvements necessary for all three operations, including site vegetative screening, and landscaping. 1.15 Compliance with the New Jersey Prevailing Wage Act The work solicited under this bid proposal is considered a service contract. This contract is not subject to the New Jersey Prevailing Wage Act, N.J.S.A. 34:11-56a.25. l.16 Disputes Under the Contract l .16.1 A dispute arising under the Contract shall be submitted in writing to the Director of Engineering and Public Works for the Township of West Orange, with all the facts and supporting data. The Director of Engineering and Public Works will review the dispute and issue his decision, or request additional facts or documentation, after which he will render his decision. Jn the event the dispute is not then resolved, the matter shall be submitted to an alternate dispute resolution (ADR) procedure determined by the Township Attorney or submitted to a cou11 of competent jurisdiction, in the Township's sole discretion. The Respondent consents to injunctive relief at any time to protect the health and safety of the Township residents and maintain the operations in conformance with all governmental laws. Any and all costs of ADR shall be borne by the Respondent. To the extent that the Township seeks to enforce this Contract or is required to seek any relief through ADR or Court intervention, Respondent shall pay all fees and expenses incurred by the Township and shall indemnify the Township for any damages, fees and expenses. I. I 7 Mandatory Equal Employment Opportunity Language N.S.A.A. 10:5-31 et seq. (P.L. 1975, C.127) and N.J.A.C. 17:27 et seq. for Goods, Professional Services and General Service Contracts l .17. l The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of

eneral Service Contracts l .17. l The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of following three documents. I) Letter of Federal Affirmative Action Plan Approval 2) Certificate of Employee Information Report 3) Employee Information Report Form AA302 !4