Conference/Public Meeting Agenda/Documents — Packet

1.14.3 1.14.4 1.15 in ink. The prices shall be stated in words and numerals. All blank spaces must be completed. Ditto marks shall not be uses. 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 Bid and an Alternate Bid No. 1. 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. The Alternate Bid No. | is for the operation of the Recycling Center for Class B, Exempt Woods, and Class C, Exempt Compost Operations only. It shall also include the site improvements necessary for those operations, and it includes all site vegetative screening and landscaping. 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, ~NJSTAT34:11-56a.250-- — Disputes Under the Contract 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 issues his decision or request additional facts or documentation after 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 heath 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 shail pay all fees and expenses uncured by the Township and shall indemnify the Township for any damages, fees and expenses. The types of disputes and the relevant procedures are set forth in N.ILS.A. 40A:11-50

ll fees and expenses uncured by the Township and shall indemnify the Township for any damages, fees and expenses. The types of disputes and the relevant procedures are set forth in N.ILS.A. 40A:11-50 which provides: All contract documents entered into in accordance with the provisions of P.L. 1971, ¢ 198 (C:40A:11-1 et seq.) After the effective 12

1.17.1 date of P-L. 1977, c. 371 (C:40A:11-50) shall provide that disputes arising under the contract shall be submitted to a process of resolution pursuant to alternative dispute resolution practices, such a mediation, binding arbitration or non-binding arbitration pursuant to industry standards, prior to being submitted to a court for adjudication. Nothing in this section shall prevent the contracting unit from seeking injunctive or declaratory relief in court at any time. The alternative dispute resolution practices required by this section shall not apply to disputes concerning the bid solicitation or award process, or to the formation of contracts or subcontracts to be entered into pursuant to P.L. 1971, c. 198 (C:40A:11-1 et seq). Notwithstanding industry rules or any provisions of law to the contrary, whenever a dispute in a contract involving construction relates to a contract involving design, architecture, Engineering or management, upon. the demand of contracting party, other interested parties to the dispute shall be joined unless the arbitrator or person appointed to resolve the dispute determines that such joiner is inappropriate. Notwithstanding industry rules or any provision of law to the contrary, whenever more than one dispute of a similar nature arises under a construction contract, or related construction contracts, upon the demand of a contracting party, the disputes shall be joined unless the arbitrator or person appointed to resolve the dispute determines that the dispute are inappropriate for joiner. Affirmative Action Requirements Exhibit B (Rey. 9/92) P.L. 1975, C. 127 (N.J.A.C.17:27) Mandatory Affirmative Action Language Goods, Professional Services and General Service Contracts During the performance of this contract, the Contractor agrees as follows. A. The Contractors or Subcontractor , where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age,

ity or expression, the contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such action shall include, but not limit to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions to this nendiscrimination clause.

B. The Contractor and Subcontractor, where applicable will, in all solicitation or advertisements for employees placed by or on behalf c ~~ of the contractor, state that all qualified applicants will receive a consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationally or Sex. Cc. The Contractor or subcontractor, where applicable, will send to each labor union or representative or workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers’ representative of the contractor’s commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D. The Contractor or subcontractor where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq as amended and supplemented from time to time and the Americans with Disabilities Act. . 7 E. The Contractor or subcontractor agrees to make good faith efforts-- to employ minority and women workers consistent with the ~~ a ) applicable county employment goals established in accordance A with N.J.A.C. 17:27-5.2, or a binding determination of the applicable county employment goals determined by the Division, pursuant to N.J.A.C. 17:27-5.2 F. The Contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, nation origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality, or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices. G. The Contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personal testing conforms with the principals of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions. con H. In

ls of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions. con H. In conforming with the applicable employment goals, the | ) contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading, and layoff to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, 14

gender identity or expression, disability, nationality or sex, consistent with the statues and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions. 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. 1) Letter of Federal Affirmative Action Plan Approval 2) Certificate of Employee Information Report 3) Employee Information Report Form AA302 The contractor and its subcontractor shall furnish such a reports or other documents to the Division of Contract Compliance & EEO as may be requested by the Division from time to time in order to carry out the purposes of these regulations, and public agencies, and public agencies shall furnish such information as may be requested by the Division of Contract Compliance & EEO for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C. 17:27. Historical Recycling Quantities In 2007, the Recycling Center accepted the following quantity of materials for recycling: Brush/Tree Parts (Class B) 5,405 Tons Leaves (Class C) 2,132 Tons Cardboard 172 Tons Mixed Paper 444 Tons Commingled Containers 185 Tons Scrap Iron and Metal 62 Tons Tires 153 Tons Electronics 125 Tons Site Improvement Plan The Site Improvement Plan attached is conceptual. It indicates the key elements and features which the respondent must detail on his/her own site plan. A detailed site plan must be submitted with the proposal that addresses these key elements and features. The plan must be prepared 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. 15

SECTION 2.0 TECHNICAL INFORMATION | 16

©) 2.01- DEFINITIONS “Class B” exempt wood waste operation shall mean the area designated as a Class B processing area on the site plans in Section 4. This operation shall be limited to the acceptance of Class B materials as defined within this RFP and as defined in law. . “Class B recyclable material” means branches, woody plants wood chips from tree parts, tree parts and brush. “Class C” exempt compost operation shall mean the area designated as a Class C processing operation on the site plans in Section 4. The operation shall be limited to the acceptance of materials as defined within this RFP and as defined in law except that the operation may not accept grass loads 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. 13:1B-99.34b, and which includes, and is specifically limited under the terms of this RFP to Leaves. “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 “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 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 circumstances may the Class B operation utilize a tub grinder or any other wood grinding or chipping equipment on Saturday. “Recycling Convenience Center” shall mean that area designated on the site plan in Section 4. 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 three (3) acre Class C exempt compost operation, the 4.5 acre Class B exempt wood waste operation and a Recycling Convenience Center (See attached site plan for details). A successful Operator shall be responsible for any delineation

post operation, the 4.5 acre Class B exempt wood waste operation and a Recycling Convenience Center (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 Improvements” shall mean those physical improvements to the Site that enhance the aesthetic, operational and compliance factors as outlined in Section 4. 17 “guarantee compliance with applicable law and the terms of this RFP: me wen nee