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

1.04.3 1.04.4 1.04.5 1.04.6 1.05.2 1.05.3 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. All proposed Subcontractors shall be listed on the Subcontractor Use Form and are subject to approval by the Township of West Orange. 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. 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. 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. Familiarity with the Work 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, Class B Processing, Class C Transfer Operations, Class B Transfer Operations, Recycling Convenience Center Operations and other applicable Rules and Regulations. 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. 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 1.06.1 1.07 1.07.1 1.07.2 1.08 1.08.1 1.08.2 1.08.3 Interpretation of Documents Only the interpretations or corrections issued as written Addenda by the Township of West Orange shall be binding with respect to this RFP. No 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. Cause of Rejection Proposals may be rejected for any reason including but not necessarily limited 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 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. Award and Execution of Contract 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. 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. The Township of West Orange is utilizing competitive contracting in accordance with N.J.S.A. 40A:11-4.1 through 4.5 for the procurement of the services specified in these Proposal documents. In addition to the Proposer’s responsiveness to this RFP, the awarding of this contract will be based on an evaluation and ranking of each respondent’s Proposal with respect to the following items: Cost Criteria 1) Revenues to be received or cost to be paid. 10

3) 4) 6) (1) Does the Proposal offer the best financial benefit to the Township whether the Proposal is for a monthly fee to be paid to the Township, a Revenue Sharing Proposal or a combination of both. (2) Is the Proposal adequately explained and consistent with the requirements set forth in this RFP? Management Criteria Experience of the Respondent. (1) Does the Respondent provide sufficient documentation or evidence of experience performing similar work? (2) Does the Respondent document a record of reliability, competent performance of work; and the skillset needed to perform the Contract. Qualifications of staff to be assigned the work (1) Has the Respondent provided the specific backgrounds and qualifications of the staff who will perform the work under the Contract? (2) Does the Respondent provide sufficient documentation that its staff has the requisite qualifications and experience to perform the work under the Contract. Violations, Fines, Notices of Violations history from any governmental agency (1) Does the Respondent have a history of violations, fines or other citations which evidence a pattern of the Respondent disregarding of the governing Federal and State statutes? (2) Does the Respondent have a history of violations, fines or other citations which evidence a pattern of the Respondent disregarding of the governing regulations and local ordinances or law? Technical Criteria Equipment to be assigned to perform the work (1) Does the Respondent document that it has the requisite equipment or resources to perform the work required under the Contract? Detailed site improvement plan (1) Does the Respondent’s proposed site improvement plan offer the best use of the space for performance of the Contract? 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: 11

1.08.4 1.08.5 1.09 1.09.1 1.09.2 1.09.3 1.10 1.10.1 1, Revenues or cost 2. Experience of Respondent 3. Qualifications of Staff 4.Violations, Fines, Notices of Violations 5. Equipment 6. Detailed Site Improvement Plan Any Proposal submitted shall be for a three (3) year contract to commence March 1, 2024 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 (1) 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. 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 parties. Insurance 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. The Respondent shall maintain the above coverage in force for the duration of the contract. 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. Proposal Security Each proposal must be accompanied by a Proposal security in the form of a cashier’s check from the Respondent, or a “Proposal 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 laws of and in the State of New Jersey and satisfactory to the Township of West Orange, as Surety. The amount of the Proposal security shall be ten (10%) percent of the Total Contract Amount indicated in the Proposal Form, not to exceed $20,000. 12

1.10.2 1.10.3 1.11.2 1.12 1.12.1 1.12.2 The Proposal 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 Proposal security. 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 Proposal security. Consent of Surety, Performance and Payment Bond Each proposal must be accompanied by a Consent of Surety signed by a surety company stating that if the 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 REP, 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. The performance and payment bond must be furnished with the executed Contract and shall remain in effect until Contract completion. In lieu of the Consent of Surety, the Respondent may submit a Certified Check for the required amount. Contract Documents 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. 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.

1.14.1 1.14.3 1.14.4 1.15 Operations and Marketing Respondents shall submit a Proposal for the operation and marketing services for the Recycling Center. The Proposal shall address the scope of work and other requirements included in Section 2 of this Request for Proposal (RFP). 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 Township of West Orange shall have final approval over any changes in site management. 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. Proposal Form 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 be typewritten. 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. Discrepancies between words and numerals will be resolved in favor of the words. All names must be typed or legibly printed below the signature. The Proposal Form includes a Base Proposal. The Base Proposal is for the operation of the Recycling Center for Class B, Exempt Wood, Class C, Exempt Compost Operation and the Recycling Convenience Center. The Base Proposal includes the site improvements necessary for all three operations, including additional site vegetative screening, and landscaping being included by the Proposer. Compliance with the New Jersey Prevailing Wage Act The work solicited under this Proposal is considered a service contract. This contract is not subject to the New Jersey Prevailing Wage Act, N.LS.A. 34:11-56a.25. 14

1.16 Disputes Under the Contract 1.16.1 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. In 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 court 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. 1.17 AFFIRMATIVE ACTION REQUIREMENTS If awarded a contract; the successful bidder will be required to comply with the requirements of N.LS.A. 10:5-31 et seq. and N.J.A.C. 17:27 et seq as outlined in Section 3.11. 1.18 Historical Recycling Quantities The most recent recycling activity on this site is outlined below: Class C Incoming Material — 2022 — 28,484 cubic yards Class C Outgoing Material — 2022 — 19,542 cubic yards Class B Incoming Material — 2022 — 62,938 cubic yards Class B Outgoing Material — 2022 — 48,632 cubic yards This information is for illustrative purposes only. Nothing contained herein shall provide a basis to modify the agreement. No adjustments have been made for weather events. 1.19 Site Improvement Plan A detailed site improvement plan must be submitted with the proposal. The plan must be prepared and signed by a Professional Engineer licensed in the State of

New Jersey. The plan will be used in evaluating the Proposal as specified in Section 1.08.3. In addition, the successful contractor must work with the Township to make any site changes that are required as a result in regulatory changes. 1.20 Timeline of Important Dates DATE EVENT January 24, 2024 by | All questions concerning this Request for Proposal shall be submitted in 4:00pm writing by this date, directed to Mr. Wayne DeFeo, DeFeo Associates, 15 Washington Valley Road, Warren Township, New Jersey 07059- 7003, wdefeo@defeoassociates.com. January 25, 2024 Responses to questions conceming this Request for Proposal will be posted on the Township of West Orange Website at www.westorange.org/bids February 7, 2024 at Proposals must be submitted to and received by Panayiota Reynolds, 3:30pm Township of West Orange Purchasing Agent, by 3:30 on this date, and will be publicly opened by the Township of West Orange Clerk’s Office in the Council Chambers, 66 Main Street, West Orange, New Jersey. May 1, 2024 Contract between winning Proposer and Township of West Orange will commence. November/December | Township will notify the Operator by this date if it will exercise the first -2026 option to renew the contract for another one-year period. May 1, 2027 First additional one-year contractual period commences if Township exercises its option. November/December | Township will notify the Operator by this date if it will exercise the 2027 second option to renew the contract for another one-year period. May 1, 2028 Second additional one-year contractual period commences if Township exercises its option. 16

SECTION 2.0 TECHNICAL INFORMATION

2.01— DEFINITIONS “Class A recyclable material” shall mean those materials outlined within this RFP. “Class B exempt wood waste operation” shall mean the area designated as a Class B processing area on the site plans in Appendix “A”. This operation shall be limited to the acceptance of Class B materials as defined within this RFP and as defined by law. “Class B recyclable material” means branches, woody plants wood chips from tree parts, tree parts and brush processed on the site. “Class B Transfer Operation” shall mean the transfer of Class B material under the Exemption granted pursuant to exemption # 5 for tires. “Class C exempt compost operation” shall mean the area designated as a Class C processing operation on the site plan in Appendix “A.” The operation shall be limited to the acceptance of materials as defined within the RFP and as defined in law except that the Operator may not accept grass clippings other than de minimis quantities incidentally found in the collection of leaves under any circumstances. “Class C recyclable material” means a source separated compostable material which is subject to Department approval prior to the receipt, storage, processing or transfer at a recycling center in accordance with N.J.S.A. 13:1E-99.34b, and which includes, and is specifically limited under the terms of this RFP to Leaves. “Class C Transfer Operation” shall mean the requirements outlined in Exemption #19, Leaf transfer activity. “Electronic Waste” means computers, monitors, laptops, portable computers, desktop printers, desktop fax machines and televisions as defined in N.J.S.A. 13:1E-99.95 and other electronic items connected with a chord. “Environmental Compliance Officer” shall mean a person or firm retained by the Township of West Orange who shall conduct regular inspections of the Site in order to guarantee compliance with applicable law and the terms of this RFP. “Gross Revenues “shall mean the fees paid to the operator for the receipt of leaves, brush, logs and trees and tree parts in addition to the wholesale and retail sales of blended soils, finished compost, decorative stone, mulch of all grades and landscape supplies. “Law” shall mean those statutes and regulations governing the design and operation of materials at the operations for which the Township of West Orange is soliciting this RFP. Law includes, but is not limited to,