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

2.20 Reporting of Recycling Convenience Center Activity 2.21 Changes to Operating Procedures 2.22 Termination 2.23 Operator Non- Performance 2.24 Performance Bond and Insurance Section 3.0- Required Proposal Documents 3.01 Statement of Ownership Disclosure 3.02 Affidavit of Authorization for Contract 3.03 Market Capacity Affidavit 3.04 Moral Integrity Affidavit for Contract 3.05 Non-Collusion Affidavit 3.06 Subcontractor Use Form 3.07 Experience Statement 3.08 Qualifications of Personnel 3.09 Equipment List (in a form to be supplied by responding party) 3.10 Consent of Surety 3.11 Affirmative Action Requirements 3.12 American with Disabilities Act of 1990 Requirements 3.13 American with Disabilities Act of 1990 Affidavit 3.14 Proposal Form 3.15 Revenue Sharing Proposal Form 3.16 Respondent Proposal Form (signature page) 3.17 Disclosure of Violation Form 3.18 Disclosure of Political Contributions 3.19 Disclosure of Investment Activities in Iran 3.20 Equipment Dedication Affidavit 3.21 Proposal Bond Form (in a form to be supplied by responding party) 3.22 Acknowledgement of Receipt of Addenda/Addendum 3.23 NJ Business Registration Certificate Appendices - Facility Site Plan, and Site Improvement Plan and Layout — (to be supplied by responding party) Appendix “A” Current Facility Site Plan (Supplied by the Township/Owner) Appendix “B” Site Improvement Plan and Layout (in a form to be supplied by responding party)

SECTION 1.0 GENERAL DESCRIPTION

ADVERTISEMENT January 19, 2024 NOTICE OF PROPOSAL The Township of West Orange has issued a Request for Proposal (RFP) for the following contract: Operation of the Township of West Orange Recycling Center, 590 Mt. Pleasant Ave., West Orange, New Jersey for Class B, exempt woods, Class C, exempt compost operation and the Recycling Convenience Center for Electronics, Scrap Metal, Tires and Class A Recyclable Materials. The submission date is Friday, February 7, 2024 at 3:30 pm, proposals received after stated time will not be considered. Proposal packages are available at the office of the: Purchasing Agent, Township of West Orange, Municipal Building, Room 111, 66 Main Street, West Orange, NJ 07052. Business hours are 8:30 a.m. to 4:30 p.m., Monday to Friday, excluding holidays. Requests can also be emailed to preynolds@westorange.org. Envelopes should be clearly marked with title, name and address of party submitting, addressed to the Township of West Orange, Attn: Purchasing Department, at the address mentioned above. Proposals will be publicly opened on date and time specified in the Council Chambers located at. 66 Main Street, West Orange, NJ 07052. Proposer must supply one (1) original, and one (1) on an external hard drive as a PDF file. All submissions must be delivered via U.S. Mail or overnight delivery or hand delivered. The Township of West Orange is not responsible for late delivery by any method. Each proposal must be accompanied by a proposal bond or cashier’s check for 10% of proposal amount, not to exceed $20,000.00 and a Consent of Surety to provide a performance bond for $500,000.00. Submissions by Corporations, Partnerships and sole proprietors must include a completed Disclosure of Ownership (N.J.S.A. 52:25-24.2), are required to comply with the requirements of Mandatory Equal Employment Opportunity Language N.J.S.A.10:5-3let seq., N.JA.C. 17:27-1,1 et seq. and NJ Contractor Business Registration Certificate N.J.S.A.52:32-44. Panayiota Reynolds, QPA Purchasing Agent

1.01 1.01.1 General Description The Township of West Orange has issued this Request for Proposal (RFP) for the following Contract: For Operation of the Township of West Orange Recycling Center 590 Mt. Pleasant Avenue West Orange, New Jersey For Class B, Exempt Woods Class C, Exempt Compost Operation And the Recycling Convenience Center for Electronics, Scrap Metal, Tires and Class A 1.01.2 1.02 1.02.1 1.02.2 Recyclable Materials The purpose of this Request for Proposal (RFP) is to solicit proposals from firms interested in the Operation of the Township of West Orange Recycling Center as set forth herein and in accordance with all the applicable federal, state, county and Township regulations, New Jersey Department of Environmental Protection Regulations and all requirements set forth in this Request for Proposal (RFP), for a three (3) year contract period commencing May 1, 2024 with options to renew for two additional one (1) year periods. Preparation, Submission and Opening of Proposals Proposals for the above referenced Contract must be submitted to and received by Panayiota Reynolds, Township of West Orange Purchasing Agent, on or before 3:30 P.M. on Wednesday, February 7, 2024, and will be publicly opened by the Township on February 7, 2024 at 3:30 P.M., Local Prevailing Time, in the Council Chambers, 66 Main Street, West Orange, New Jersey. When submitting a response, Proposer must supply one (1) original, and one (1) on an external hard drive as a PDF file. All submissions must be delivered via U.S. Mail or overnight delivery or hand delivered. The Township of West Orange is not responsible for late delivery by any method. The Proposal shall be submitted and prepared as specified herein. If the Proposal is made by a company or partnership, the Respondent’s Disclosure Statement shall be signed by all general partners and others having a beneficial interest of ten (10%) percent or more in the entity. If made by a corporation, the Respondent’s Disclosure Statement shall be signed by a corporate officer and witnessed by the Corporate Secretary or a Notary Public. Corporations shall affix their corporate seals to the Respondent’s Disclosure Statements. If made by an individual, it shall be signed by that individual. If made by a limited liability company or partnership, the names and addresses of all members and partners shall be disclosed.

1.02.3 1.02.4 The Proposal shall be submitted in a sealed envelope with the following information clearly indicated on the outside of the envelope: fo} ° fo} ° Proposal Documents for Operation of Township of West Orange Recycling Center Respondent’s Name Respondent’s Address Respondent’s Telephone and Fax Numbers Enclosed in the sealed envelope with the proposal shall be the following documents, as referenced below or attached hereto: eooo000000 oo00 Statement of Ownership Disclosure (See Section 3.01) Affidavit of Authorization (See Section 3.02) Market Capacity Affidavit (See Section 3.03) Moral Integrity Affidavit (See Section 3.04 Non-Collusion Affidavit (See Section 3.05) Subcontractor Use Form (See Section 3.06) Experience Affidavit (See Section 3.07) Personnel Affidavit Including All Applicable Registrations and Certificates to Operate a Recycling Facility, including Compost Facility Operator Certificate (in a form to be supplied by responding party). (See Section 3.08) Equipment List (in a form to be supplied by responding party) (See Section 3.09) Consent of Surety (See Section 3.10) Affirmative Action Requirement (See Section 3.11) Americans with Disabilities Act of 1990 Affidavit (See Section 3.13) Proposal Forms (See Section 3.14 and 3.15) Respondent Proposal Form Signature Page (See Section 3.16) Disclosure form reflecting all violations, fines, notices of violation from any governmental agency or entity within five (5) years. This specifically includes copies of all violations, appeals, final determinations, etc. (See Section 3.17) Disclosure of Political Contributions (See Section 3.18) Disclosure of Investment Activities in Iran (see Section 3.19) Equipment Dedication Affidavit (See Section 3.20) “Proposal Bond” or Certified Check in the amount of ten (10%) of the Total Proposed Amount, not to exceed $20,000.00 (in a form to be supplied by responding party) (See Section 3.21) Acknowledgement of Receipt of Addenda/Addendum (See Section 3.22) NJ Business Registration Certificate (See Section 3.23) Facility Site Plan (See Appendix “A”)

1.02.5 1.02.6 1.03 1.03.1 1.04 1.04.1 1.04.2 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) Proposals may be withdrawn prior to the termination time for the receipt of proposals specified above 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. Authorization to do Business in New Jersey 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. Qualifications and Additional Submission Requirements 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. 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 considered as experience of the Respondent. Each Respondent shall include within the Proposal, a Composting/Processing Facility’s experience list, including the following items: Facility Owner Location of Facility Responsibilities Principals

Each Respondent shall include within the Proposal, a Composting/Processing Facility’s experience list, including the following items: Facility Owner Location of Facility Responsibilities Principals of each firm involved; oo000

1.04.3 1.04.4 1.04.5 1.04.6 1.05 1.05.1 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 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: Cost Criteria 1) Revenues to be received or cost to be paid. 10

2) 3) 4) 5) 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? 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: