Conference/Public Meeting Agenda/Documents — Packet

- cy Ne 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. 2.1.2 The successful Operator shall be required to provide finished wood mulch and finished compost to the Township at no cost to the Township as required and specified herein 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 herein. 2.1.3 The successful Operator shall provide for the improvement of the Recycling Convenience Center in accordance with the physical site plan improvernents and landscaping improvements contained within this RFP at a level equal to or better than that outlined within this RFP. Any such improvements shall be at the sole cost of the successful Operator. No improvements shall be undertaken without the express written approval of the Township. 2.1.4. The Facility. shall be operated in accordance. with all terms and conditions found: : within this RFP and shall be operated in accordance with the terms and conditions required under law. 2.1.5 The Operator is advised that any fines assessed by any governmental agency including but not limited to any violation of law governing this site shall be the sole responsibility of the successful Operator. This includes the possible costs associated with any fines, and possible costs of meetings, hearings, written response required or hearings that may be associated with such violation. 2.2 SITE CONDITIONS 2.2.1 The Operator shall accept the Facility As Is and shall be solely responsible for processing all existing materials that may be on the site as of the effective date of contract implementation. 2.2.2 The site plan is shown in Section 3. The Site Plan includes: 2.2.2(a) Composting area active windrow operation. 2.2.2(b) Staging areas for the receipt of Class B and Class C vegetative

ntation. 2.2.2 The site plan is shown in Section 3. The Site Plan includes: 2.2.2(a) Composting area active windrow operation. 2.2.2(b) Staging areas for the receipt of Class B and Class C vegetative materials. 2.2.2(c) Traffic patterns into and out of the facility. 2.2.2(d) Finished material storage areas. 2.2.2(e) Storage areas for pulverized lime or other industry accepted standard deodorizing agent. 2.2.2(f) Class B processing and storage areas. 2.2.2(g) Recycling Convenience Center 2.2.3 All operations must be performed by the Operator within the site limits described herein and in Section 3 of this RFP. 18

oo —_ ) 2.2.4 Should the successful Operator have a contract executed and become the Operator of the facility, and if said contract is terminated for any reason by the Operator or the Township of West Orange, all Class B and Class C vegetative materials and all recyclable materials shall be removed from the Convenience Center at the sole expense of the Operator prior to vacating the property. 2.3 ADMINISTRATION OF CONTRACT 2.3.1 The Director of Public Works/Engineer or his designee the Contract Administrator. 2.4 HOURS OF OPERATION 2.4.1 The site shall be operated in accordance with the following schedule: Site Operation Monday-Friday Saturday Sunday & Component Holidays Recycling Convenience 7:30 A.M.-4:30 7:30 A.M. - 4:00 Closed Center P.M. P.M. Class B 7:30 A.M.-4:30 9:00 A.M. - 2:00 Closed P.M. P.M. Class C 7:30 A.M.-4:30 9:00 A.M. - 2:00 Closed weet tenn 2 eee eee eR eee PLM. a 2.5 SITE ACCESS BY THE TOWNSHIP AND IFS AGENTS 2.5.1 The Township of West Orange reserves the right to perform work at the site or to permit other entities to perform work at the Township’s direction. 2.5.1(a@) The Operator shall afford such accommodation as necessary for the Township to perform such work. 2.6 ACCEPTABLE MATERIALS 2.6.1 Acceptable materials include the following: 2.6.1(a) Class B recyclable material 2.6.1(b) Class C recyclable material 2.6.1(c) Sand or clean-fill may be brought to the Facility for the use in processing the compost. 2.6.1(a) The Operator shall test all sand or clean fill and provide said test results to the Township prior to acceptance of any sand or clean fill. 2.6.2 The Recycling Convenience Center shall only accept: - Aluminum Beverage Cans ~ Glass food containers - Corrugated Paper - Mixed Paper ~ Steel food and product (non-toxic) containers - Tires (without rims) - Scrap metal 19

> - Car batteries - Propane Tanks (empty) - Electronics - Other materials if approved in advance and in writing by the Township. 2.7 PROHIBITED MATERIALS 2.7.1 The following materials are specifically prohibited from acceptance at the Facility: 2.7.1(a) Hazardous materials 2.7.1(b) Grass Clippings other than that incidentally found in the collection of leaves. 2.8 SOURCES OF MATERIALS 2.8.1 The Site’s source of materials shall be limited to Township vehicles, tree service contractors and landscapers who do work for the Township, all Township Residents and landscapers and tree service contractors who are licensed to do business in West Orange by the Township. The Operator shall record the date of receipt and origin of all materials brought to the Facility. 2.8.2 Vegetative material collected from outside the Township may be accepted by the Operator if it is limited to Class B and Class C materials provided that the Operator transports these materials to a Class “B” or a Class “C” Recycling Facility in accordance with applicable Law. 2.8.3 The Operator shall not accept any Vegetative Waste in excess of site limitations as prescribed by Law. 2.8.4 The Township reserves the right to terminate the acceptance of Class “B” or Class “C” materials from outside the Township based upon any health, safety, or traffic concerns on twenty-four (24) hours written notice. 2.9 FEES CHARGED TO USERS 2.9.1 Tree service contractors and landscapers contracted by the Township shal! be authorized to dispose of all materials collected, while working for the Township only, at the Facility at no charge to the contractor or landscaper. 2.9.2 Landscapers and contractors licensed by the Township who collect leaves Llewellyn Park and Hutton Lafayette Apartments shall be authorized to dispose of all the leaves collected from these sites at the Facility at no charge to the landscapers or contractors. 2.9.3 Residents of the Township shall be authorized to dispose of their Vegetative Waste, at no charge, at the Facility from their private homes. Said delivery shall be limited to private vehicles. 2.9.4 Residents of the Township shall be authorized to deposit their recyclable materials at the Recycling Convenience Center at no charge. 2.9.5 The Operator may charge all other users of the Class “B” and Class “C” exempt facilities. 20

O 2.9.6 The Operator may distribute and sell topsoil, compost, mulches and various landscape supplies from the Facility. 2.10 MARKETING OF RECYCLABLE MATERIALS 2.10.1 The Operator shall be responsible for the provision of containers, the transportation and the end marketing of the following recyclable materials from the Recycling Convenience Center: 2.11.1(a) Aluminum Beverage Cans 2.11.1() Glass food containers 2.11.1(c) Corrugated Paper + 2.11.1(d) Mixed Paper 2.11.1(e) Steel food and product (non-toxic) containers 2.11.2(f) Tires (without rims) 2.11.2(g) Scrap metal 2.11.2(h) Car batteries 2.11.2(i) Propane Tanks (empty) 2.11.2(j) Electronics 2.11 PERMITS 2.11.1 The Operator shall be responsible for the permitting 0 of all equipment being.. - utilized at the sitein accordance-with law.....-.... — - wee - 2.12 MATERIALS TO TOWNSHIP 2.12.1 Township Product - The Operator shall annually provide processed Vegetative Waste of the following types and quantities to the Township of West Orange at no charge: 2.12.1(a) Mulch — 1200 cubic yards per year. 2,12.1(b) Top soil (double screened) — 1200 cubic yards per year. 2.12.1(c) Wood chips — 1200 cubic yards per year. 2.12.2 Residential Product - In addition to the forgoing, the Operator shall annually provide wood chips, mulch and topsoil to West Orange residents at no charge; provided that such wood chips, mulch and topsoil is transported in the resident’s normal passenger vehicle (not a commercial vehicle) and will be used for the resident’s personal use. 2.12.2(a) The amount that may be taken at any one time shall be limited to that which can be contained in three (3) thirty-five (35) gallon containers. 2,12.2(b) The operator is not required to load personal vehicles. 2.13 ON SITE IMPROVEMENTS AND SITE PREPARATION 2.13.1 The Township of West Orange Recycling Facility is an operating facility that is in need of site improvements. The Operator shall pay the cost of the site improvements. All construction permits must be obtained and all fees paid by Operator to the Township. 21

2.13.2 The Operator shail fund the cost of upgrading and maintaining the landscape, grading, fencing and all road improvements on the current site and site plan improvements as per specifications as directed by the Township. 2.13.3 The Operator shall install two (2) two (2) inch water service lines from the existing 8 inch main of New Jersey American Water Company, located along the easterly ptoperty line. These two lines shall extend into the site a distance of approximately 400 feet each to serve the Class B area and the Class C area. These services shall terminate with a vertical standpipe. The operator shall be responsible for all application fees and, if necessary, the installations of valve and meter pits. 2.13.4 All site improvements shall be completed within eighteen (18) months subject to a six (6) month extension at the sole discretion of the Township. 2.14 WORK TO BE PERFORMED. 2.14.1 The Class B and Class C facility operation will be done in accordance with the standards established by the NIDEP under N.J.A.C. 7:26A-1 et al. seq. and in accordance with the current Leaf Composting Manual for New Jersey Municipalities as may be amended from time to time. An NJDEP Certified Compost Facility Operator shall be present on site at all times the facility is open and/or operational. 2.14.2 The Recycling Convenience Center shall be operated in accordance with all __ applicable law. In addition, the Operator shall be responsible for the following: 2.14.2(a) Staffing the gatehouse with professionally trained staff who are capable of bilingual communication in English and Spanish. There shall be staff at this facility during every hour that the facility is in operation. 2.14.2(b) Providing sufficient staffing levels to maintain a neat and orderly appearance at the Recycling Convenience Center including the policing of litter and to assist residents with offloading of recyclable materials as necessary. 2.14.2(c) Providing sufficient containers ,to accommodate the quantity of recyclable materials deposited by residents at the Recycling Convenience Center including those times when full containers are transported to market. 2.15 UTILITIES 2.15.1 The cost for all utilities, including water usage and water service charges, required to operate the Recycling Convenience Center, the Class B and Class C locations at the Site shall be paid by the

1 The cost for all utilities, including water usage and water service charges, required to operate the Recycling Convenience Center, the Class B and Class C locations at the Site shall be paid by the Operator. 2.16 ACCIDENT REPORTING 2.16.1 The Operator shall prepare written Accident Reports containing the date, time, type of accident, weather conditions, etc. along with the names of witnesses and any other pertinent information. These records shall be submitted to the Township 22

Engineer/Director of Public Works and Director of Public Works and maintained along with the other Facility records by the Operator in the on site trailer. 2.17 RECORD KEEPING 2.17.1 All records shall be kept in a neat and orderly manner to facilitate inspection by the Township of West Orange and representatives of the regulatory agencies. 2.18 REGULATORY OVERSIGHT BY WEST ORANGE 2.18.1 The Township of West Orange Environmental Compliance Officer in accordance with the following schedule wil! inspect the Recycling Facility: 2.18.1(a) Class “B” recycling operation shall be inspected three (3) times’ per month for the first six (6) months of the contract. 2.18.1(a)I Class “B” recycling operation shall be inspected two (2) times per month each month thereafter for the duration of the contract. 2.18.1(b) Class “C” recycling operation shall be inspected three (3) times per month for the first six (6) months of the contract. 2.18.1(b)E Class “C” recycling operation shall be inspected two (2) times per month each month thereafier for the duration of the contract. 2.18.1(c) The Recycling Convenience Center shall be inspected one (1) time per month for the duration of the contract. 2.18.2 The Environmental Compliance Officer shall be paid for the inspection services above from the escrow fund established in accordance with this RFP. 2.18.2(a) The inspections outlined in 2.18.1(a) & (b) shall result in total charges of $750.00 per inspection for the Class B and Class C facilities combined. 2.18.2(b) The inspections outlined in 2.18.1(c) shall result in total charges of $150.00 for each inspection of the Recycling Convenience Center. 2.18.3 The Township of West Orange Environmental Compliance Officer shall be provided with a key to allow twenty - four (24) hour access to the facility for the purposes of evaluation and compliance monitoring. 2.18.4 The Township of West Orange Environmental Compliance Officer shall conduct additional inspections in response to resident and Township Official complaints on an as needed basis. 2.18.4(a) Should additional inspections are required as outlined herein, the Contractor shall be billed at the standard inspection rates as indicated herein or an hourly rate of $175.00/hour for cach such inspection that exceeds 2.0 hours in fength; whichever sum is greater and shall pay all ancillary costs associated with such an inspection

icated herein or an hourly rate of $175.00/hour for cach such inspection that exceeds 2.0 hours in fength; whichever sum is greater and shall pay all ancillary costs associated with such an inspection including but not limited to travel time and mileage. 2.18.5 The Operator agrees to place into escrow the sum of $25,000 for the first year of operation to cover the cost of inspections as outlined herein. 2.18.6 The Operator agrees to place into escrow the sum of $20,000 for the second year of the operation and each subsequent year of operation to cover the cost of inspections as outlined herein. N i)

O) O 2.18.5 The Operator agrees to place into escrow the sum of $25,000 for the first year of operation to cover the cost of inspections as outlined herein. 2.18.6 The Operator agrees to place into escrow the sum of $20,000 for the second year of the operation and each subsequent year of operation to cover the cost of inspections as outlined herein. 2.18.7 The Operator agrees to replenish the escrow upon notice by the Township on a pro-rata basis as a result of excessive complaints having been received and investigated. 2.19 LIQUIDATED DAMAGES 2.19.1 The parties acknowledge that in the event of a default in performance by the Contractor(s), it is foreseeable that the Township of West Orange will suffer damages for which it is entitled to be compensated. Certain of these damages may be reasonably ascertained. Others shall consist of intangible losses which are difficult to accurately calculate and assess, including, but not limited to, revenue losses and general and administrative costs. For these intangible losses, in the event the Operator fails to satisfactorily comply with all of the terms and conditions of these bid specifications, the Operator shall be liable for, and the Town may assess, the below listed sums as Liquidated Damages. 2.19.2 Liquidated Damages shall be assessed based on the findings of the Environmental: ; ~Coniplianice Officer ‘during the course’of inspections‘of each of the recycling areas~ —"---~-~ outlined within the scope of this RFP. Assessments shall be made within the confines of the following procedures. 2.19.2(a) The Environmental Compliance Officer will provide a written Notice of Deficiency to the Operator outlining the operational violation requiring attention, the recommended corrective action and the time period within which such correction shall be made. 2.19.2(b) Failure to correct said findings within the grace period shall result in an assessment of damages from the date of the finding to the date of final correction. 2.19.3 For failure to maintain the Recycling Convenience Center in a manner consistent with the operating parameters required under NJDEP regulations, two hundred fifty dollars ($250.00) shall be assessed per day for each such failure until such time as the Recycling Convenience Center has been made to comply with the facility operating requirements. 2.19.4 For failure of the Operator to comply