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

o Detailed Facility Site Plan Improvements and Layout (See Appendix “B”) (See Section 1.08.3, Section 1.19; a detailed plan shall be supplied by responding party) 1.02.5 Proposals may be withdrawn prior to the termination time for the receipt of proposals specified above. 1.02.6 All questions concerning the contents of this Request for Proposal (RFP) shall be submitted in writing on or before January 24, 2024 at 4:00pm and shall be directed to Mr. Wayne DeFeo, DeFeo Associates, 15 Washington Valley Road, Warren Township, NJ 07059-7003, wdefeo@defeoassociates.com. Responses to questions will be posted on the Township Web site on January 25, 2024. 1.03 Authorization to do Business in New Jersey 1.03.1 Corporations not incorporated in the State of New Jersey shall submit, with their Proposal, a certification from the Secretary of the State of New Jersey that said corporation is authorized to transact business in the State of New Jersey. All non-residents of the State of New Jersey shall designate a registered agent in the State of New Jersey upon whom service can be made. This designation shall be shown on a duly executed statement accompanying the Proposal, or submitted on request prior to the award of the Contract by the Township of West Orange. 1.04 Qualifications and Additional Submission Requirements 1.04.1 Each Respondent shall submit with its Proposal a written statement of qualifications that demonstrates the Respondent’s ability to perform the work as outlined in Section 2.0 Technical Information with demonstrated experience on similar projects. 1.04.2 All Respondents should be able to demonstrate a sufficient successful operating experience of for the operation of a Class B Vegetative Waste Processing Facility (Exempt or Non-Exempt), a Class C Leaf Compost Facility (Exempt or Non - Exempt) and a Recycling Convenience Center, including the ability to market the materials listed for the purpose of Recycling, of similar size and capacity as the Township of West Orange Recycling Center. The experience listed shall be direct experience of the Respondent. Experience of proposed Subcontractors will not be

pacity as the Township of West Orange Recycling Center. The experience listed shall be direct experience of the Respondent. Experience of proposed Subcontractors will not be considered as experience of the Respondent. Each Respondent shall include within the Proposal, a Composting/Processing Facility’s experience list, including the following items: o Facility Owner o Location of Facility o Responsibilities o Principals of each firm involved; 8

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 Familiarity with the Work 1.05.1 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. 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

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. 9

1.06 Interpretation of Documents 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 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 of Rejection 1.07.1 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 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. 1.08.2 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 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:

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

(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 2) 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. 3) 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. 4) 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 5) 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? 6) 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

ite 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. Revenues or cost 2. Experience of Respondent 3. Qualifications of Staff 4.Violations, Fines, Notices of Violations 5. Equipment 6. Detailed Site Improvement Plan 1.08.4 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. 1.08.5 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 parties. 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. 1.10 Proposal Security 1.10.1 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

ate 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