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

1.10.2 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. 1.10.3 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 Proposal security. 1.11 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 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 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. 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

espondent’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. 13

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 Township of West Orange shall have final approval over any changes in site management. 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 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. 1.14.2 Discrepancies between words and numerals will be resolved in favor of the words. 1.14.3 All names must be typed or legibly printed below the signature. 1.14.4 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. 1.15 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.J.S.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.J.S.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

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 15

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 concerning 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 17

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, the

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, the Solid Waste Management Act. “Operating Schedule” shall mean those time periods where the Site is allowed to receive and process recyclable materials in accordance with the authorization to operate except that under no 18

circumstances may the Class B operation utilize a tub grinder or any other wood grinding or chipping equipment on Saturday. “Recycling Market” shall mean an end market whereby Recyclable Materials are returned to the economic mainstream for processing and manufacturing into new products or are sold for final use. “Recycling Convenience Center” shall mean that area designated on the site plan in Appendix “A.”. The Recycling Convenience Center shall be limited to the acceptance of materials as outlined with the scope of this RFP. “Sand and Clean Fill” shall mean soil amendments commonly used in the blending of topsoil and compost and shall have test findings that are in accordance with the Law. “Site” shall mean the Recycling Convenience Center, located at 590 Mt. Pleasant Avenue, West Orange, New Jersey, and all facilities therein (See attached site plan for details). A successful Operator shall be responsible for any delineation markings, pilings and flags that may be required pursuant to the site plan and the regulations governing this site. “Site Improvement” shall mean those physical improvements to the Site that enhance the aesthetic, operational and compliance factors. “Tires” shall mean passenger automobile tires that are removed from the rim upon receipt at the facility. 2.1 SCOPE OF WORK – OVERVIEW AND SUMMARY 2.1.1 The object of this RFP is to retain the services of an Operator to operate and maintain the Township’s Recycling Convenience Center and to operate the Township’s exempt Class B-Wood and the Township’s exempt Class C-Compost facility. The successful Operator shall also maintain and operate the Recycling Convenience Center in accordance with the terms of this RFP and shall submit a proposal for the marketing of all recyclable commodities that originate at this facility including tires. 2.1.2 The successful Respondent shall be required to provide finished wood mulch, and finished compost to the Township at no cost to the Township as required and specified in Section 2.12.1 and 2.12.2, and shall also be required to provide finished wood mulch and compost at no cost to the residents of West Orange (so long as the material is collected by said residents in their private vehicles) as required and specified in Section 2.12.3. 2.1.3 The successful Respondent shall provide for the improvement of the Recycling Convenience Center in