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2024 Bulk Waste Collection Services
BID #: 20
ISSUED: 2/22/2024
DUE: 3/13/2024
VALUE: TBD
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Executive Summary
The Borough of Kenilworth is seeking bids for 2024 Bulk Waste Collection Services. The contractor will be responsible for the collection and removal of bulk waste from the Borough, as defined in the specifications, and disposal at a licensed facility. The base bid is for a Fall 2024 pickup, while an alternate bid is for a Spring 2024 pickup. The deadline for bid submissions is March 13, 2024, at 10:00 AM.
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BID/RFP/RFQ Postings • 2024 BULK WASTE COLLECTION SERVICES Skip to Main Content Create a Website Account - Manage notification subscriptions, save form progress and more. Website Sign In Search Government Departments Community How Do I... Home BID/RFP/RFQ Postings Print Sign up to receive a text message or email when new bids are added! Print Bid Title: 2024 BULK WASTE COLLECTION SERVICES Category: BID Postings Status: Closed Publication Date/Time: 2/22/2024 8:30 AM Closing Date/Time: 3/13/2024 10:00 AM Related Documents: Kenilworth Bid Specifications - Bulk Waste 2024 Return To Main BID/RFP/RFQ Postings Page Live Edit Agendas & Minutes Notify Me® Report a Concern Recycling & Sanitation Online Bill Pay Legal Notices Kenilworth, New Jersey Borough Hall 567 Boulevard Kenilworth, NJ 07033 908-276-9090 Staff Directory Permits, Licenses & Applications Police Municipal Court /QuickLinks.aspx Home Contact Us Accessibility Site Map Copyright Notices /QuickLinks.aspx Government Websites by CivicPlus® Loading Loading Do Not Show Again Close Arrow Left Arrow Right [] Slideshow Left Arrow Slideshow Right Arrow
Document Text
--- Document: Kenilworth Bid Specifications - Bulk Waste 2024 ---
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base act
BOROUGH OF KENILWORTH, UNION COUNTY
BID NOTICE FOR 2024 BULK WASTE COLLECTION SERVICES
NOTICE IS HEREBY GIVEN that sealed bids will be received by the Qualified Purchasing
Agent for the Borough of Kenilworth on Wednesday, March 13, 2024 at 10:00 a.m., prevailing
time, in the Conference Room of Kenilworth Borough Hall, 567 Boulevard, Kenilworth, N.J.
07033 at which time and place bids will be opened and read in public for: “2024 BULK WASTE
COLLECTION SERVICES.”
Proposals must be made on the standard proposal forms, be enclosed in a sealed package bearing
the name and address of the bidder and labeled by project, as indicated above, on the outside,
addressed to Theodore Georgiou, Qualified Purchasing Agent, Attention: Borough Clerk’s Office,
at the address above.
Specifications may be obtained on the Borough website at www.kenilworthborough.com, in-
person at the Office of the Borough Clerk or via e-mail at purchasingofficer@kenilworthnj.org.
Any addenda shall be issued pursuant to the provisions of N.J.S.A. 40A:11-23.
All bidders shall comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27 et seq.
regarding Equal Employment Opportunity and Affirmative Action. Small, Minority and Women’s
Business Enterprises are encouraged to obtain specifications and compete for contracts.
Theodore Georgiou
Qualified Purchasing Agent
Borough of Kenilworth
County of Union, State of New Jersey
567 Boulevard
Kenilworth, NJ 07033
purchasingofficer@kenilworthnj.org
908-276-5800
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BOROUGH OF KENILWORTH
GENERAL INSTRUCTIONS
1.
SUBMISSION OF BIDS
A. Sealed bids shall be received in accordance with public advertisement as required by law, a copy of said notice
being attached hereto and made a part of these specifications.
B. Each bid shall be submitted on the proposal form attached, in a sealed envelope:
(1) addressed to the Qualified Purchasing Agent
(2) bearing the name and address of the bidder on the outside
(3) clearly marked as a bid with the name of the item(s) being bid. Provide One (1) Original copy.
Original shall be submitted signed in ink.
C. It is the bidder's responsibility to see that bids are presented to the Qualified Purchasing Agent on the hour and at the
place designated. Bids may be hand delivered or mailed; however, the Borough disclaims any responsibility for bids
forwarded by regular or express mail. If the bid is sent by express mail, the designation in B. above must also appear
on the outside of the express company envelope. Bids received after the designated time and date will be returned
unopened.
D. The Borough reserves the right to postpone the date for presentation and opening of bids and will give written notice
of any such postponement to each prospective bidder as required by law.
E. Multiple Bids Not Accepted
More than one (1) bid from an individual, a firm or partnership, a corporation or association under the same or
different names shall not be considered.
2.
BID SECURITY
The following provisions, if indicated by an (x), shall be applicable to this bid and be made a part of the bidding
documents:
A.
BID GUARANTEE
Bidder shall submit with the bid a certified check, cashier’s check or bid bond in the amount of ten percent (10%) of
the total price bid, but not in excess of $20,000, payable unconditionally to the Borough.
When submitting a Bid Bond, it shall contain Power of Attorney for full amount of Bid Bond from a surety company
authorized to do business in the State of New Jersey and acceptable to the Borough.
The check or bond of the unsuccessful bidder(s) shall be returned as prescribed by law. The check or bond of the
bidder to whom the contract is awarded shall be retained until a contract is executed and the required performance
bond or other security is submitted.
The check or bond of the successful bidder shall be forfeited if the bidder fails to enter into a contract pursuant to
statute. Failure to submit required guarantee shall be cause for rejection of the bid.
B.
CONSENT OF SURETY
Bidder shall submit with the bid a Certificate (Consent of Surety) with Power of Attorney for full amount of bid price
from a Surety Company authorized to do business in the State of New Jersey and acceptable to the Borough stating
that it will provide said bidder with a Performance Bond in the full amount of the bid. This certificate shall be obtained
in order to confirm that the bidder to whom the contract is awarded will furnish Performance and Payment bonds
from an acceptable surety company on behalf of said bidder, any or all subcontractors or by each respective
subcontractor or by any combination thereof which results in performance security equal to the total amount of the
contract, pursuant to statute.
Failure to submit this shall be cause for rejection of the bid.
C.
PERFORMANCE BOND
Successful bidder shall simultaneously with the delivery of the executed contract, submit an executed bond in the
amount of one hundred percent (100%) of the acceptable bid as security for the faithful performance of this contract.
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3.
QUOTATIONS, BIDS AND FORMS
A. The Borough of Kenilworth is exempt from any local, state or federal sales, use or excise tax. The Borough of
Kenilworth will not pay service charges such as interest and late fees.
B. Bids must be signed in ink by the bidder; all quotations shall be made with a typewriter/computer or pen and ink.
Any quotation showing any erasure alteration must be initialed by the bidder in ink. Unit prices and totals are to be
inserted in spaces provided.
C. Failure to sign and give all information in the bid may result in the bid being rejected.
D. Estimated Quantities (Open-Ended Contracts, purchase as-needed) - The Borough has attempted to identify the
item(s) and the estimated amounts of each item bid to cover its requirements; however, past experience shows that
the amount ordered may be different than that submitted for bidding. The right is reserved to decrease or increase
the quantities specified in the specifications pursuant to Statute. NO MINIMUM PURCHASE IS IMPLIED OR
GUARANTEED.
E. Insert prices for furnishing all of the material described. Prices shall be met including all transportation charges fully
prepaid by the contract F.O.B. destination and placement as designed by the Borough. No additional charges will
be allowed for any transportation costs resulting from partial shipments made at vendors’ convenience when a single
shipment is ordered.
F. Any bidder may withdraw his bid at any time before the time set for receipt of bids. No bid may be withdrawn in the
60-day period after the bids are received.
G. All forms shall be completed and attached to the bid proposal.
4.
INTERPRETATIONS AND ADDENDA
A. The bidder understands and agrees that its bid is submitted on the basis of the specifications prepared by the Borough.
The bidder accepts the obligation to become familiar with these specifications.
B. Bidders are expected to examine the specifications and related documents with care and observe all their
requirements. Ambiguities, errors or omissions noted by bidders should be promptly reported in writing to the
Qualified Purchasing Agent. In the event the bidder fails to notify the Borough of such ambiguities, errors or
omissions, the bidder shall be bound by the bid.
C. No oral interpretation of the meaning of the specifications will be made to any bidder. Every request for an
interpretation shall be in writing, addressed to the Qualified Purchasing Agent. In order to be given consideration,
written requests for interpretation must be received at least ten (10) days prior to the date fixed for the opening of
the bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda
to the specifications, and will be distributed to all prospective bidders, in accordance with Statute. All addenda so
issued shall become part of the contract documents, and shall be acknowledged by the bidder in the bid. The
Borough’s interpretations or corrections thereof shall be final.
D. If the amount shown in words and its equivalent figures do not agree, the written words shall be binding.
E. In the event that there is a discrepancy between the unit prices and the extended totals, the unit prices shall prevail.
In the event there is an error of the summation of the extended totals, the computation by the Borough of the extended
totals shall govern.
5.
BRAND NAMES, STANDARDS OF QUALITY, PATENTS
A. Only manufactured and farm products of the United States, wherever available, shall be used on this contract in
accordance with prevailing statutes.
B. Brand names and or descriptions used in this bid are to acquaint bidders with the type of commodity desired and will
be used as a standard by which alternate or competitive materials offered will be judged. Competitive items must
be equal to the standard described and be of the same quality of work. Variations between materials described and
the materials offered are to be fully explained by the bidder on a separate sheet and submitted with the proposal
form. Vendor's literature will not suffice in explaining exceptions to these specifications. In the absence of any
changes by the bidder, it will be presumed and required that materials as described in the proposal be delivered.
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C. It is the responsibility of the bidder to demonstrate the equivalency of item(s) offered. The Borough reserves the
right to evaluate the equivalency of a product which, in its deliberations, meets its requirements.
D. The contractor shall hold and save harmless the Borough, its officers, agents, servants, and employees, from any
liability of any nature and kind for or on account of the use of any copyrighted or un-copyrighted composition, secret
process, patented or unpatented invention or article furnished or used in the performance of this contract.
E. Wherever practical and economical to the Borough, it is desired that recycled or recyclable products be provided.
Please indicate when recycled products are being offered.
6.
AWARD OF BID
A. The Borough reserves the right to accept or reject any or all bids, to waive identified irregularities and technicalities,
and to award in whole or in part to the lowest responsible bidder, if it is in the best interest of the Borough to do so.
Without limiting the generality of the foregoing, any bid which is incomplete, obscure, or irregular may be rejected;
any bid having erasures or corrections in the price sheet may be rejected; any bid in which unit prices are omitted,
or in which unit/total prices are unbalanced, may be rejected; any bid accompanied by any insufficient or irregular
certified check, cashier's check or bid bond may be rejected.
B. The Borough reserves the right to award a contract based on either option that may be described in the bid proposal
or based on any combination thereof.
C. The Borough reserves the right to award equal or tie bids at their discretion to any one of the tie bidders. Should a
tie bid occur, the Qualified Purchasing Agent may make a recommendation of award based on factors, beyond price,
that are viewed to be most beneficial to the Borough.
D. Should the bidder, to whom the contract is awarded, fail to enter into a contract, the Borough may then, at its option,
accept the bid of the next lowest responsible bidder.
E. Continuation of the terms of this contract beyond the current fiscal year is contingent on availability of funds in the
following year's budget. In the event of unavailability of such funds, the Borough reserves the right to cancel this
contract.
F. Government entities are not private business/consumer clients; therefore, separate company agreements are not
honored. Terms of the specifications/bid package prevail.
7.
NEW JERSEY PREVAILING WAGE ACT (When Applicable)
Pursuant to N.J.S.A. 34:11-56.25 et seq., contractors on projects for public work shall adhere to all requirements of the
New Jersey Prevailing Wage Act. The contractor shall be required to submit a certified payroll record to the owner
within ten (10) days of the payment of the wages. The contractor is also responsible for obtaining and submitting all
subcontractors’ certified payroll records within the aforementioned time period. The contractor shall submit said
certified payrolls in the form set forth in N.J.A.C. 12:60-6.1(c). It is the contractor’s responsibility to obtain any
additional copies of the certified payroll form to be submitted by contacting the New Jersey Department of Labor and
Workforce Development, Division of Workplace Standards. Additional information is available at
www.state.nj.us/labor/lsse/lspubcon.html.
8.
THE PUBLIC WORKS CONTRACTOR REGISTRATION ACT
N.J.S.A. 34 :11-56.48 et seq. requires that a general or prime contractor and any listed subcontractors named in the
contractor’s bid proposal shall possess a certificate at the time the bid proposal is submitted. After bid proposals are
received and prior to award of contract, the successful contractor shall submit a copy of the contractor’s certification
along with those of all listed subcontractors. All non-listed subcontractors and lower tier sub-subcontractors shall be
registered prior to starting work on the project. It is the general contractor’s responsibility that all non-listed sub-
contractors at any tier have their certificate prior to starting work on the job.
Under the law a “contractor” is “a person, partnership, association, joint stock company, trust, corporation or other legal
business entity or successor thereof who enters into a contract” which is subject to the provisions of the New Jersey
Prevailing Wage Act (N.J.S.A. 34 :11-56.25, et seq.) It applies to contractors based in New Jersey or in another state.
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The law defines “public works projects” as contracts for “public work” as defined in the Prevailing Wage statute
(N.J.S.A. 34 :11-56.25(5) ). The term means:
“Construction, reconstruction, demolition, alteration, or repair work, or maintenance work, including painting
and decorating, done under contract and paid for in whole or in part out of the funds of a public body, except
work performed under a rehabilitation program.
“Public work” shall also mean construction, reconstruction, demolition, alteration, or repair work, done on any
property or premises, whether or not the work is paid for from public funds… “
“Maintenance work” means the repair of existing facilities when the size, type or extent of such facilities is not
thereby changed or increased. White “maintenance” includes painting and decorating and is covered under the
law, it does not include work such as routine landscape maintenance or janitorial services.
To register, a contractor must provide the State Department of Labor with a full and accurately completed application
form. The form is available online at www.state.nj.us/labor/Isse/Ispubcon.html. N.J.S.A. 34:11-56.55 specifically
prohibits accepting applications for registration as a substitute for a certificate or registration.
9.
NON-COLLUSION AFFIDAVIT
The Non-Collusion Affidavit, which is part of these specifications, shall be properly executed and submitted
intact
with the proposal.
10.
NON-DISCRIMINATION
There shall be no discrimination against any employee engaged in the work required to produce the commodities
covered by any contract resulting from this bid, or against any applicant to such employment because of race, religion,
sex, national origin, creed, color, ancestry, age, marital status, affectional or sexual orientation, familial status, liability
for service in the Armed Forces of the United States, or nationality. This provision shall include, but not be limited to
the following: employment upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination,
rates of pay or other forms of compensation, and selection for training, including apprenticeship. The contractor shall
insert a similar provision in all subcontracts for services to be covered by any contract resulting from this bid.
11.
MANDATORY EEO/AFFIRMATIVE ACTION EVIDENCE
NO FIRM MAY BE ISSUED A CONTRACT UNLESS THEY COMPLY WITH THE EEO/AFFIRMATIVE
ACTION REGULATIONS OF P.L. 1975, c. 127, AS AMENDED FROM TIME TO TIME, AND THE
AMERICANS WITH DISABILITIES ACT.
A. Procurement, Professional and Service Contracts
All successful vendors must submit prior to an award of the contract one of the following:
(1)
A photocopy of their Federal Letter of Affirmative Action Plan Approval, or
(2)
A photocopy of their State Certificate of Employee Information Report, or
(3)
A photocopy of completed Affirmative Action Employee Information Report:
AA302 - Available on-line at www.state.nj.us/treasury/contract_compliance
B. Construction Contracts
All successful contractors must submit prior to signing of the contracts an Initial Project Manning Report (AA201)
available on-line at www.state.nj.us/treasury/contract_compliance for any contract award that meets or exceeds the
bidding threshold.
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12.
WORKER AND COMMUNITY RIGHT TO KNOW ACT
The manufacturer or supplier of chemical substances or mixtures shall label them in accordance with the N.J.
Worker and Community Right to Know Law (N.J.S.A. 34: 51 et seq., and N.J.A.C 5:89-5 et seq.).
All direct use containers shall bear a label indicating the chemical name(s) and Chemical Abstracts Service number(s)
of all hazardous substances in the container, and all other substances which are among the five most predominant
substances in the container, or their trade secret registry number(s). (N.J.A.C. 8:59-5) or adhere to the requirements of
The Globally Harmonized System of Classification and Labeling of Chemicals (GHS) and the U.S. Occupational Safety
and Health Administration (OSHA) Hazard Communication Standard (HCS) as outlined in the Federal Register / Vol.
77, No. 58 / Monday, March 26, 2012 / Rules and Regulations as adopted in final rule by DEPARTMENT OF LABOR,
Occupational Safety and Health Administration, 29 CFR Parts 1910, 1915, and 1926, [Docket No.
OSHA–H022K–2006–0062, (formerly Docket No. H022K)], RIN 1218–AC20, Hazard Communication. Further, all
applicable documentation must be furnished.
13.
STATEMENT OF CORPORATE OWNERSHIP
In accordance with N.J.S.A. 52:25-24.2, no corporation, partnership, limited partnership, limited liability corporation,
limited liability partnership, Subchapter S corporation or sole proprietorship, shall be awarded a contract, unless prior
to the receipt of the bid or accompanying the bid of the corporation, partnership, limited partnership, limited liability
corporation, limited liability partnership, subchapter S corporation or sole proprietorship, there is submitted to the
County a statement setting forth the names and addresses of all stockholders who own 10% or more of the stock, of any
class or of all individual partners who own a 10% or greater interest in the corporation, partnership, limited partnership,
limited liability corporation, limited liability partnership, Subchapter S corporation or sole proprietorship. If one or
more such stockholder or partner is itself a corporation or partnership, the stockholders holding 10% or more of that
corporation’s stock, or the individual partners owning 10% or greater interest in that partnership, as the case may be,
shall also be listed. The disclosure shall be continued until names and addresses of every noncorporate stockholder and
individual partner, exceeding the 10% ownership criteria established in this act has been listed. This form shall be
signed and submitted with the bid/proposal whether or not a stockholder or partner owns less than 10% of the business
submitting the bid. Failure to comply requires mandatory rejection of the bid/proposal.
14.
ACQUISITION, MERGE, SALE AND/OR TRANSFER OF BUSINESS, ETC.
It is understood by all parties that if, during the life of the contract, the contractor disposes of his/her business concern
by acquisition, merger, sale and/or transfer or by any means convey his/her interest(s) to another party, all obligations
are transferred to that new party. In this event, the new owner(s) will be required to submit, when required, a
performance bond in the amount of the open balance of the contract.
15.
INSURANCE AND INDEMNIFICATION
If it becomes necessary for the contractor, either as principal or by agent or employee, to enter upon the premises or
property of the owner in order to construct, erect, inspect, make delivery or remove property hereunder, the contractor
hereby covenants and agrees to take use, provide and make all proper, necessary and sufficient precautions, safeguards,
and protection against the occurrence of happenings of any accident, injuries, damages, or hurt to person or property
during the course of the work herein covered and be his/her sole responsibility.
The contractor further covenants and agrees to indemnify and save harmless the Borough from the payment of all sums
of money or any other consideration(s) by reason of any, or all, such accidents, injuries, damages, or hurt that may
happen or occur upon or about such work and all fines, penalties and loss incurred for or by reason of the violation of
any owner regulation, ordinance or the laws of the State, or the United States while said work is in progress.
The contractor shall maintain sufficient insurance to protect against all claims under Workers Compensation, General
Liability and Automobile and shall be subject to approval for adequacy of protection and certificates of such insurance
shall be provided with the owner named as additional insured.
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A.
Insurance Requirements
Worker’s Compensation and Employer’s Liability Insurance
This insurance shall be maintained in full force during the life of this contract by the bidder covering all employees
engaged in performance of this contract pursuant to N.J.S.A. 34:15-12(a) and N.J.A.C. 12:235-1.6. Minimum
Employer’s Liability $ l,000,000.00.
General Liability Insurance
This insurance shall have limits of not less than $3,000,000.00 any one person and $3,000,000.00 any one accident for
bodily injury and $3,000,000.00 aggregate for property damage, and shall be maintained in force during the life of the
contract.
Automobile Liability Insurance
This insurance covering bidder for claims arising from owned, hired and non-owned vehicles with limits of not less
than $3,000,000.00 any one person and $3,000,000.00 any one accident for bodily injury and $3,000,000.00 each
accident for property damage, shall be maintained in force during the life of this contract by the bidder.
B. Certificates of the Required Insurance
Yes
No
Certificates as listed above shall be submitted along with the contract as evidence covering Comprehensive General
Liability, Comprehensive Automobile Liability, and where applicable, necessary
Worker’s
Compensation
and
Employer’s Liability Insurance. Such coverage shall be with acceptable insurance companies operating on an
admitted basis in the State of New Jersey and shall name the Borough of Kenilworth as an additional insured.
Self-insured contractors shall submit an affidavit attesting to their self-insured coverage and shall name the Borough
of Kenilworth as an additional insured.
C.
Indemnification
Successful respondent shall indemnify and hold harmless the Borough of Kenilworth from all claims, suits or actions
and damages or costs of every name and description to which the Borough may be subjected or put by reason of injury
to the person or property of another, or the property of the Borough, resulting from negligent acts or omissions on the
part of the bidder, the bidder’s agents, servants or subcontractors in the delivery of goods and services, or in the
performance of the work under the contract.
16.
PAYMENT
Payment will be made after a properly executed Borough of Kenilworth voucher has been received and formally
approved on the bills list by the Mayor and Council at its subsequent Regular Meeting. The voucher will be certified
correct by the department head who received the goods or services.
17.
TERMINATION
A.
DEFAULT
Non-performance of the Contractor in terms of specifications shall be a basis for termination of the contract by the
Borough. If the Contractor fails to meet deadlines, or fails to provide the agreed upon services, and or material altogether,
a termination for default will be issued. Such failure may also include, but shall not be limited to, the failure to provide
goods and/or services within the quality parameters as determined and dictated by the Borough. The Borough may
terminate the contract upon thirty (30) calendar days' written notice to the Contractor. The Borough shall not pay for
any services and/or materials which are unsatisfactory. The contractor may be given a reasonable opportunity before
termination to correct the deficiencies. This, however, shall in no way be construed as negating the basis for termination
for non-performance.
B.
UNCONDITIONAL TERMINATION FOR CONVENIENCE:
The Borough may terminate the resultant contract for convenience, in its sole discretion, by providing forty-five (45)
calendar days’ advance notice to the contractor.
C.
TERMINATION FOR REASONS OF INSOLVENCY:
If the Contractor should be adjudged bankrupt or should make a general assignment for the benefit of its creditors, or if
a receiver should be appointed on account of its insolvency, the Borough may terminate the contract with the amount of
notice it deems appropriate within its sole discretion.
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18.
ADDITIONS/DELETIONS OF SERVICE
The Borough reserves the right to add and/or delete services to this contract. Should a service requirement be deleted,
payment to the Contractor will be reduced proportionally to the amount of service deleted in accordance with the bid
price. Should additional services be required, payment to the Contractor will be increased proportionally to the amount
of service added in accordance with the bid price.
19.
VENDOR LITERATURE NOT ACCEPTABLE
Vendor’s literature and/or pricing sheets will not be accepted in lieu of completing the proposal blank(s) set forth in
these specifications.
20.
ALTERATION TO BID DOCUMENTS PROHIBITED
Bidders shall not write in margins or alter the official content or requirements of the Borough of Kenilworth’s bid
documents.
21.
CHALLENGES TO SPECIFICATIONS
Any prospective bidder who wishes to challenge a bid specification shall file such challenges in writing with the
Qualified Purchasing Agent no less than three (3) business days prior to the opening of the bids. Challenges filed after
that time shall be considered void and having no impact on the contracting unit or the award of contract.
22.
OWNERSHIP OF MATERIAL
The Borough of Kenilworth shall be considered the implicit and explicit “owner” over any and all documents and
property, both hard copy and digital, furnished to the contractor for the purpose of assisting the contractor in the
performance of this contract. All such items shall be returned immediately to the Borough at the expiration or
termination of the contract or completion of any related services, pursuant thereto, whichever comes first. None of the
documents and/or property shall, without the written consent of the Borough, be disclosed to others or used by the
contractor or permitted by the contractor to be used by their parties at any time except in the performance of the resulting
contract.
Ownership of all data, materials and documentation originated and prepared for the Borough pursuant to this contract
shall belong exclusively to the Borough of Kenilworth. All data, reports, computerized information, programs and
materials related to this project shall be delivered to and become the property of the Borough upon completion of the
project or termination of this contract. The contractor shall not have the right to use, sell, or disclose the total of the
interim or final work products, or make available to third parties, without the prior written consent of the Borough. All
information supplied to the Borough may be required to be supplied on CD-ROM media, or other digital media,
compatible with the Borough’s computer operating system, windows based, Microsoft Office Suite.
23.
AMENDMENTS TO N.J.S.A. 2C: 21-33 et. seq. “TRUTH IN CONTRACTING”
New provisions of law govern false claims and representation. It is a serious crime for the vendor to knowingly submit
a false claim and/or knowingly make material misrepresentation. There are enhanced penalties for areas of false claims,
bid rigging and bribery, gratuities and gifts; and conflict of interest. Please consult the statute for further information.
24.
NEW JERSEY BUSINESS REGISTRATION PROGRAM
Certificate required pursuant to C57, PL2004; failure to be registered by time of contract award may be cause for
rejection. Entities or individuals that need to file for a certificate may do so on-line through the NJ Division of Local
Government Services at the following link: http://www.state.nj.us/treasury/revenue/busregcert.shtml.
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25.
“PAY TO PLAY” – NOTICE OF DISCLOSURE REQUIREMENT
P.L. 2005, Chapter 271, Section 3 Reporting (N.J.S.A. 19:44A – 20.27)
A.
Any business entity that has received $50,000.00 or more in contracts from government entities in a calendar
year is required to file an annual disclosure report with the New Jersey Election Law Enforcement Commission (ELEC).
The instructions and form are available on the ELEC website.
B.
Annual Disclosures require submission by March 30th of each year covering contracts and contributions for
the prior calendar year.
C.
At a minimum, a list of all business entities that file an annual disclosure report will be listed on ELEC’s
website at www.elec.state.nj.us.
D.
If you have any questions please contact ELEC at: 1-888-313-ELEC (3532) (toll free in NJ) or 609-292-8700
26.
NON-ALLOCATION OF FUNDING TERMINATION
Each fiscal year payment obligation of the Borough of Kenilworth is conditioned upon the availability of Borough funds
appropriated or allocated for the payment of such an obligation. If funds are not allocated and available for the
continuance of any services performed by the Contractor hereunder, whether in whole or in part, the Borough at the end
of any particular fiscal year may terminate such services. The Borough will notify the Contractor, in writing,
immediately of any services that will be affected by a shortage of appropriated funds.
27.
NON-PAYMENT OF PENALTIES AND INTEREST ON OVERDUE BILLS
Public funds may be used to pay only for goods delivered or services rendered. The Borough of Kenilworth will not pay
penalties and/or interest on overdue bills. No employee is authorized to sign a letter of credit or any other document that
represents a legal commitment on the part of the Borough to pay additional fees.
28. W-9 REQUIRED
Successful bidder/respondent shall complete W-9 Form and submit to Purchasing prior to contract award. The form is
available at the following link: www.irs.gov/pub/irs-pdf/fw9.pdf
29.
HIPAA (If Applicable)
Both parties agree to comply with all requirements of the Federal Health Insurance Portability and Accountability Act
of 1996 (“HIPAA”) as maybe amended from time to time, and the corresponding HIPAA regulations for the
confidentiality and security of medical information.
The Contractor shall:
Not use or disclose protected health information other than as permitted or required by law
Use appropriate safeguards to protect the confidentiality of the information
Report any use or disclosure not permitted
The contractor, by execution of the contract, shall thereby indemnify and hold the Borough harmless from any and all
liabilities, claims, actions, costs and penalties which may be incurred as the result of the failure of the contractor to
comply with the requirements of the Health Insurance Portability and Accountability Act (HIPAA) or any other statute
or case law protecting the privacy of persons using its services.
30. PUBLIC EMERGENCY
In the event of a Public Emergency declared at the Local, State or Federal Level, if the Borough opts to extend terms
and conditions of this bid, the contractor agrees to extend the terms and conditions of this bid, whether existing, expiring
or expired no longer than six (6) months, for goods and/or services for the duration of the emergency. In the event the
original contractor cannot meet this requirement, the Borough may solicit the goods and/or services from any bidder.
31. SOURCE OF SPECIFICATIONS/BID PACKAGES
Official Borough of Kenilworth bid packages for routine goods and services are available from the Qualified Purchasing
Agent at no cost to the vendor, unless otherwise specified. Any and all addenda shall be issued pursuant to the provisions
of N.J.S.A. 40A:11-23. Potential bidders are cautioned that they are bidding at their own risk if a third party supplied
specifications. The Borough of Kenilworth is not responsible for third party supplied specifications
10
32. DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
P.L. 2012, c.25 prohibits State and local public contracts with persons or entities engaging in certain investment activities
in energy or finance sectors of Iran.
33.
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY / A-901 APPROVAL
True copies of a bidder's certificate of public convenience and necessity and an A-901 approval letter issued in
conformance with N.J.S.A. 13:1E-126 shall be required with all
[ C O N T I N U E T O N E X T P A G E ]
11
BOROUGH OF KENILWORTH
BID SPECIFICATIONS
Section 1.0
General Conditions
Subsection 1.1
Scope of Work
A. The Contractor shall provide collection and removal of Bulk Waste from within the territorial and geographical
boundaries of the Borough of Kenilworth as well as disposal at a licensed facility in accordance with the terms of
the forgoing specifications. The Contractor will be reimbursed for the disposal of any collected material upon
submission of corresponding weight slips with the billing for the pickup and disposal service.
B.
Bulk Waste is generally defined as “Type 13” Solid Waste, and more locally restricted to the following materials
pursuant to the Municipal Code of the Borough of Kenilworth:
1.
Furniture;
2.
Toys;
3.
Storm Windows;
4.
Rugs;
5.
Storm Doors;
6.
Doors;
7.
Clothing;
8.
Windows;
9.
Wood Fencing;
10. Lawn Furniture;
11. Carpeting;
12. Toilets;
13. Screens;
14. Wood Furniture;
15. Metal Furniture; and,
16. Grills.
Every effort shall be made by collection sites to properly and safely containerize or bundle materials, for collection
by the Contractor, wherever possible.
C.
Bulk Waste shall be further defined so as to explicitly restrict and prohibit the following materials from collection
pursuant to the Municipal Code of the Borough of Kenilworth:
1.
Recyclables;
2.
Ashes;
3.
Dirt;
4.
Grass;
5.
Leaves;
6.
Tree Trunks;
7.
Stumps;
8.
Branches;
9.
Pool Filters;
10. Car Tires;
11. Railroad Ties;
12. Rocks;
13. Stones;
14. Asphalt;
15. Concrete;
16. Closed-Top Drums;
17. Automobile Parts;
18. Appliances (white goods);
19. Electronics*
20. Paint;
21. Chemicals;
22. Demolition and Alteration (Construction) Debris resulting from the repairs of building or other structures; and,
23. Any other materials not prepared properly as defined above.
* Electronics or “E-Waste” must be brought to the Kenilworth Department of Public Works on Fridays, 7:00 a.m.
to 2:30 p.m., and the first and third Saturday of each month from 7:30 a.m. to 12:00 p.m.
12
D.
The Contract Administrator shall be the Superintendent of the Department of Public Works of the Borough of
Kenilworth. The Contractor Administrator shall serve as the main point of contact between the Borough of
Kenilworth and the Contractor designated pursuant to the forgoing specifications.
Contract Administrator: Gregory Budesheim, Superintendent of Public Works; Phone: 908-276-3105; Cell: 908-
296-8197; E-Mail: superintendent.kdpw@kenilworthnj.org dl
E.
The following constitutes basic data provided of and by the Borough of Kenilworth for the benefit and use of
bidders; such data should not be construed to be an exact depiction of the municipality for the purposes of this
contract, nor should it be construed so as to imply and guarantee quantity maximums or minimums:
Residential Sources:
Approximately 2,910
Population:
Approximately 8,427
Area:
Approximately 2.16 square miles
Total Road Miles:
Approximately 24.22 Municipal, 4 County, 0.04 State
F.
Total Volume Collected Previously:
2019
2020
2021
2022
2023
467.09 tons
465.29 tons
464.09 tons
334.67 tons
317.39 tons
The numbers in the table above reflect total collected from combined Spring and Fall pickups and will serve as an
aid to the Contractor during the current Clean-Up Program.
Subsection 1.2
Method of Collection
A.
Collection shall start not earlier than 5:00 AM on every collection day and sufficient trucks and employees shall be
used to insure the completion of the collection every day by 5:00 PM. The contractor shall furnish, at their expense
and without liability to the Borough, all labor, equipment, vehicles, tools, implements, materials and transportation
necessary and proper to provide adequate, uninterrupted, and sanitary service for the collection and removal of all
bulk waste, as herein defined, which may be generated within the boundary limits of the Borough of Kenilworth,
during the term of the contract and in accordance with the methods and procedure herein specified.
B.
All bulk waste as hereinbefore defined shall be placed by the owner/tenant/resident curbside for collection by the
contractor.
C.
The contractor will not be permitted to pick and sort bulk waste while on route during the collection hours. The
contractor must transfer bulk waste from the receptacles at curbside to collection vehicles without any unnecessary
delay. Should any receptacle break or any other spillage occur during the transfer the contractor must clean the
area immediately. The contractor must replace all cans and all other non-collapsible receptacles to the curbside
prior to departing from the area.
[ C O N T I N U E T O N E X T P A G E ]
13
Subsection 1.3
Collection Schedule
A.
Collection dates shall be as follows:
1.
“Base Bid” – Fall 2024 Pickup – One (1) Pickup per Zone consisting of one (1) pickup to take place:
Monday thru Friday for North Side Zone
Monday thru Friday for South Side Zone
Each Zone shall be completed over the course of one (1) week, Monday through Friday. Both Zones must be
completed in consecutive weeks and must be scheduled and agreed upon by the Contractor and the Borough in
advance. Pickup must be completed during May and/or June.
2.
“Alternate Bid” – Spring 2024 Pickup – One (1) Pickup per Zone consisting of one (1) pickup to take place:
Monday thru Friday for South Side Zone
Monday thru Friday for North Side Zone
Each Zone shall be completed over the course of one (1) week, Monday through Friday. Both Zones must be
completed in consecutive weeks and must be scheduled and agreed upon by the Contractor and the Borough in
advance. Pickup must be completed during October.
B.
The entirety of each zone must be collected within the day assigned in Paragraph A above, and within the hours
prescribed in Subsection 1.2.
C.
Pickup zones shall be more particularly defined as follows:
1.
North Side Zone: All area within the Borough of Kenilworth North of the Boulevard.
2.
South Side Zone: All area within the Borough of Kenilworth South of the Boulevard.
Subsection 1.4
Method of Disposal
A.
All bulk waste collected within the Borough of Kenilworth shall be disposed of in accordance with the Union
County Solid Waste Management Plan.
B.
The Borough of Kenilworth reserves the right to designate another disposal facility/facilities in accordance with
the Union County Solid Waste Management Plan; or, in the event that the designated disposal facility/facilities is
unable to accept bulk waste. The Borough of Kenilworth will assume all additional costs or benefits that are
associated with such designation.
Subsection 1.5
Vehicles and Equipment.
A.
All vehicles shall be registered with, and conform with the requirements of the New Jersey Department of
Environmental Protection.
B.
All collection trucks shall be compaction types, completely enclosed and water tight, equipped with automatic rear
loaders and packers, or reasonable comparable equipment.
C.
All vehicles shall be clean in appearance and maintained in good working order and shall be constructed, used and
maintained so as to reduce unnecessary noise, spillage and odor. The Contract Administrator shall have the right
to inspect all vehicles, at any time, during the term of this contract, and the Contractor shall comply with all
reasonable requests relative to the maintenance and repair of said vehicles and other equipment used in the
execution of the Contract. All vehicles shall be equipped with a broom and shovel to clean up any spillage which
may occur during the loading or transporting.
D.
The name, address and service phone number of the Contractor shall be placed clearly and distinctly on both sides
of all vehicles used in connection with the collection services.
Subsection 1.6
Telephone Facilities and Complaint Handling.
14
A.
Telephone service shall be maintained by the Contractor on all collection days, between the hours of 8:00AM and
6:00PM. The Borough of Kenilworth may list the Contractor's telephone number in the telephone directory along
with other listings for the Borough of Kenilworth.
B.
The Contractor shall promptly and properly attend to all complaints of customers and all notices, directives and
orders of the Contract Administrator within twenty-four (24) hours of the receipt of same. The Contractor shall be
required to maintain a log of all complaints received and the action taken to remedy the complaints. The Complaint
log shall be available for inspection by the Borough of Kenilworth.
Subsection 1.7
Temporary Delay of Services.
A.
The Contractor shall report to the Contract Administrator, within one (1) hour of the start of the collection day, all
cases in which severe weather conditions preclude collection. In the event of severe weather, the Contractor shall
collect bulk waste no later than the next day.
Subsection 1.8
Solicitation / Acceptance of Gratuities Prohibited.
A.
The Contractor shall ensure that no agent or employee shall solicit or receive gratuities of any kind for any of the
work or services provided in connection with the contract. The Contractor shall be subject to Liquidated Damages.
Section 2.0
Other
Subsection 2.1
Payment for Services
A.
Payment will be made after a properly executed Borough of Kenilworth voucher has been received and formally
approved on the bills list by the Mayor and Council at its subsequent Regular Meeting. The voucher will be certified
correct by the department head who received the goods or services.
Subsection 2.2
Employee Competency
A.
The Contractor's employees must be competent in their work, and if any person employed shall appear incompetent
or disorderly, the Borough of Kenilworth shall notify the contractor and specify how the employee is incompetent
or disorderly and the contractor shall take steps to correct and remedy the situation, including disciplinary action if
necessary. Any employee who drives or will drive a vehicle in the course of the employee's employment pursuant
to the contract must possess a valid New Jersey driver's license for the type of vehicle operated.
15
BOROUGH OF KENILWORTH
BID PROPOSAL / PROPOSAL SIGNATURE PAGE(S)
HAVING CAREFULLY READ THE NOTICE TO BIDDERS, SPECIFICATIONS AND INSTRUCTIONS TO BIDDERS,
THE BIDDER HEREBY AGREED TO PROVIDE SERVICES IN ACCORDANCE TO THE SPECIFICATIONS.
NOTE: ANY ALTERATION TO THE FORMAT OF THE FOREGOING BID FORMS IN ANY MATTER WILL RESULT
IN DISQUALIFICATION OF BID.
BASE BID
(REQUIRED)
DESCRIPTION
SUBTOTAL
Spring 2024 Pickup - One Pickup per Zone
$
(Per Specification Subsection 1.3)
TOTAL BASE BID:
$
WRITTEN BASE BID:
ALTERNATE BID
(NOT REQUIRED / OPTIONAL)
DESCRIPTION
SUBTOTAL
Fall 2024 Pickup - One Pickup per Zone
$
(Per Specification Subsection 1.3)
TOTAL OPTION A BID:
$
WRITTEN OPTION A BID:
16
SIGNATURE CERTIFICATION
The undersigned declares that he/she has read the Notice, Instructions, Affidavits and Scope of Services attached, that he/she has
determined the conditions affecting the bid and agrees, if this bid is accepted, to furnish and deliver services per the following:
Company
Federal I.D. #
Address
Signature of Authorized Agent
Type or Print Name
Title of Authorized Agent
Date
Telephone Number
Email Address
Fax Number
17
BOROUGH OF KENILWORTH
BID DOCUMENT CHECKLIST
Required
w/ Bid
Bidder’s
Initial
A.
FAILURE TO SUBMIT ANY OF THESE ITEMS (MARKED WITH AN “X”) AT THE
TIME OF BID OPENING IS MANDATORY CAUSE FOR REJECTION
Completed Bid Document Checklist (this page)
Completed Bid Proposal / Signature Page (previous page)
Statement of Ownership Disclosure
Non-Collusion Affidavit
Required EEO/Affirmative Action Evidence & Signed Compliance Notice
Acknowledgement of Americans with Disabilities Act Language of 1990
Disclosure of Investment Activities in Iran
Certificate of Compliance and Necessity & A-901 Approval Document
Equipment Certification
List of Contract and Performance References
Acknowledgement of Receipt of Addenda (Mandatory ONLY if Addenda are Issued)
Bid Guarantee with Power of Attorney as Prescribed Herein
Consent of Surety with Power of Attorney as Prescribed Herein
B.
FAILURE TO SUBMIT ANY OF THESE ITEMS (MARKED WITH AN “X”) BEFORE
THE TIME OF CONTRACT AWARD IS MANDATORY CAUSE FOR REJECTION
New Jersey Business Registration Certificate of Bidder
W-9 Form
New Jersey Business Registration Certificate of Subcontractor(s) (if applicable)
Public Works Contractor Registration Certificate(s) (if applicable)
This checklist is provided for bidder’s use in assuring compliance with required documentation; however, it does not
include all specifications requirements and does not relieve the bidder of the need to read and comply with the
specifications.
Name of Bidder:
Date:
Signature: X.
Print Name:
Title:
18
BOROUGH OF KENILWORTH
STATEMENT OF OWNERSHIP DISCLOSURE
N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43)
THIS STATEMENT SHALL BE COMPLETED, CERTIFIED TO, AND INCLUDED WITH ALL BID AND
PROPOSAL SUBMISSIONS. FAILURE TO SUBMIT THE REQUIRED INFORMATION IS CAUSE FOR
AUTOMATIC REJECTION OF THE BID OR PROPOSAL.
Name of Organization: _____________________________________________________
Organization Address: _____________________________________________________
Part I
Check the box that represents the type of business organization:
Sole Proprietorship (skip Parts II and III, execute certification in Part IV)
Non-Profit Corporation (skip Parts II and III, execute certification in Part IV)
For-Profit Corporation (any type)
Limited Liability Company (LLC)
Partnership
Limited Partnership
Limited Liability Partnership (LLP)
Other (be specific): ______________________________________________
Part II
The list below contains the names and addresses of all stockholders in the corporation who own 10 percent
or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or
greater interest therein, or of all members in the limited liability company who own a 10 percent or greater
interest therein, as the case may be. (COMPLETE THE LIST ON THE NEXT PAGE IN THIS
SECTION)
OR
No one stockholder in the corporation owns 10 percent or more of its stock, of any class, or no individual
partner in the partnership owns a 10 percent or greater interest therein, or no member in the limited liability
company owns a 10 percent or greater interest therein, as the case may be. (SKIP TO PART IV)
19
STATEMENT OF OWNERSHIP DISCLOSURE
(Continued)
(Please attach additional sheets if more space is needed):
Name of Individual or Business Entity
Home Address (for Individuals) or Business Address
Part III
DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS, PARTNERS OR LLC
MEMBERS LISTED IN PART II
If a bidder has a direct or indirect parent entity which is publicly traded, and any person holds a 10 percent
or greater beneficial interest in the publicly traded parent entity as of the last annual federal Security and
Exchange Commission (SEC) or foreign equivalent filing, ownership disclosure can be met by providing links to
the website(s) containing the last annual filing(s) with the federal Securities and Exchange Commission (or foreign
equivalent) that contain the name and address of each person holding a 10% or greater beneficial interest in the
publicly traded parent entity, along with the relevant page numbers of the filing(s) that contain the information on
each such person. Attach additional sheets if more space is needed.
Website (URL) containing the last annual SEC (or foreign equivalent) filing
Page #’s
Please list the names and addresses of each stockholder, partner or member owning a 10 percent or greater interest
in any corresponding corporation, partnership and/or limited liability company (LLC) listed in Part II other than for
any publicly traded parent entities referenced above. The disclosure shall be continued until names and addresses
of every noncorporate stockholder, and individual partner, and member exceeding the 10 percent ownership criteria
established pursuant to N.J.S.A. 52:25-24.2 has been listed. Attach additional sheets if more space is needed.
Stockholder/Partner/Member and
Corresponding Entity Listed in Part II
Home Address (for Individuals) or Business Address
20
STATEMENT OF OWNERSHIP DISCLOSURE
(Continued)
Part IV
Certification
I, being duly sworn upon my oath, hereby represent that the foregoing information and any attachments thereto to the
best of my knowledge are true and complete. I acknowledge: that I am authorized to execute this certification on behalf
of the bidder/proposer; that the Borough of Kenilworth is relying on the information contained herein and that I am
under a continuing obligation from the date of this certification through the completion of any contracts with the
Borough of Kenilworth to notify the Borough of Kenilworth in writing of any changes to the information contained
herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification,
and if I do so, I am subject to criminal prosecution under the law and that it will constitute a material breach of my
agreement(s) with the, permitting the Borough of Kenilworth to declare any contract(s) resulting from this certification
void and unenforceable.
Full Name (Print):
Title:
Signature:
Date:
21
BOROUGH OF KENILWORTH
NON-COLLUSION AFFIDAVIT
State of _____________
County of _____________
ss:
I, _____________________________ of the City of ____________________________________in
the County of _____________________ and State of _________________________ of full age, being duly
sworn according to law on my oath depose and say that:
I am _____________________________ of the firm of ___________________________________
(Title or Position)
(Name of Firm)
the bidder making this Proposal for the above named project, and that I executed the said proposal with full
authority so to do; that said bidder has not, directly or indirectly entered into any agreement, participated in any
collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above
named project; and that all statements contained in said proposal and in this affidavit are true and correct, and
made with full knowledge that the County of Somerset relies upon the truth of the statements contained in said
proposal and in the statements contained in this affidavit in awarding the contract for the said project.
I further warrant that no person or selling agency has been employed or retained to solicit or secure
such contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee,
except bona fide employees or bona fide employees or bona fide established commercial or selling agencies
maintained by_________________________________ (name of contractor).
Subscribed and sworn to
before me this _______day
of ___________, _______.
X.
Signature
(Type or print name of affiant under signature)
Notary public of
My Commission expires
22
BOROUGH OF KENILWORTH
AFFIRMATIVE ACTION COMPLIANCE NOTICE
N.J.S.A. 10:5-31 and N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICE
AND GENERAL SERVICE CONTRACTS
This form is a summary of the successful bidder’s requirement to comply with the requirements of N.J.S.A. 10:5-31
and N.J.A.C. 17:27-1 et seq.
The successful bidder shall submit to the public agency, after notification of award but prior to execution of this
contract, one of the following three documents as forms of evidence:
a)
A photocopy of a valid letter that the contractor is operating under an existing Federally approved
or sanctioned affirmative action program (good for one year from the date of the letter);
OR
b)
A photocopy of a Certificate of Employee Information Report approval, issued in accordance with
N.J.A.C. 17:27-4;
OR
c)
A photocopy of an Employee Information Report (Form AA302) provided by the Division and
distributed to the public agency to be completed by the contractor in accordance with N.J.A.C.
17:27-4.
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) from the
contracting unit during normal business hours.
The successful vendor(s) must submit the copies of the AA302 Report to the Division of Contract Compliance and
Equal Employment Opportunity in Public Contracts (Division). The Public Agency copy is submitted to the public
agency, and the vendor copy is retained by the vendor.
The undersigned vendor certifies that he/she is aware of the commitment to comply with the requirements of N.J.S.A.
10:5-31 and N.J.A.C. 17:27.1 et seq. and agrees to furnish the required forms of evidence.
The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if said contractor
fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27-1 et seq.
COMPANY:
SIGNATURE:
PRINT NAME:
TITLE:
DATE:
23
BOROUGH OF KENILWORTH
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127)
N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor 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 ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, 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 equal employment
opportunity shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or
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 of
this nondiscrimination clause.
The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf
of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed,
color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability,
nationality or sex.
The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to
be provided by the agency contracting officer, advising the labor union of the contractor's commitments under this chapter and
shall post copies of the notice in conspicuous places available to employees and applicants for employment.
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.
The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in
accordance with N.J.A.C. l7:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to,
employment agencies, placement bureaus, colleges, universities, and labor unions, that it does not discriminate on the basis of
age, race, creed, color, national 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.
The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing
conforms with the principles 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.
In conforming with the targeted 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, race, creed, color,
national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or
sex, consistent with the statutes 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 the following three documents:
Letter of Federal Affirmative Action Plan Approval
Certificate of Employee Information Report
Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency
through the Division’s website at ww.state.nj.us/treasury/contract_compliance).
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase & Property,
CCAU, EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these
regulations, and public agencies shall furnish such information as may be requested by the Division of Purchase & Property,
CCAU, EEO Monitoring Program for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative
Code at N.J.A.C. 17:27.
24
BOROUGH OF KENILWORTH
AMERICANS WITH DISABILITIES ACT OF 1990
Equal Opportunity for Individuals with Disability
The Contractor and the Owner, do hereby agree that the provisions of Title 11 of the Americans with Disabilities Act
of 1990 (the "Act") (42 U.S.C. S121 01 et seq.), which prohibits discrimination on the basis of disability by public
entities in all services, programs, and activities provided or made available by public entities, and the rules and
regulations promulgated pursuant there unto, are made a part of this contract. In providing any aid, benefit, or service
on behalf of the owner pursuant to this contract, the contractor agrees that the performance shall be in strict
compliance with the Act. In the event that the contractor, its agents, servants, employees, or subcontractors violate or
are alleged to have violated the Act during the performance of this contract, the contractor shall defend the owner in
any action or administrative proceeding commenced pursuant to this Act. The contractor shall indemnify, protect,
and save harmless the owner, its agents, servants, and employees from and against any and all suits, claims, losses,
demands, or damages, of whatever kind or nature arising out of or claimed to arise out of the alleged violation. The
contractor shall, at its own expense, appear, defend, and pay any and all charges for legal services and any and all
costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith.
In any and all complaints brought pursuant to the owner’s grievance procedure, the contractor agrees to abide by any
decision of the owner which is rendered pursuant to said grievance procedure. If any action or administrative
proceeding results in an award of damages against the owner, or if the owner incurs any expense to cure a violation
of the ADA which has been brought pursuant to its grievance procedure, the contractor shall satisfy and discharge
the same at its own expense.
The owner shall, as soon as practicable after a claim has been made against it, give written notice thereof to the
contractor along with full and complete particulars of the claim, If any action or administrative proceeding is brought
against the owner or any of its agents, servants, and employees, the owner shall expeditiously forward or have
forwarded to the contractor every demand, complaint, notice, summons, pleading, or other process received by the
owner or its representatives.
It is expressly agreed and understood that any approval by the owner of the services provided by the contractor
pursuant to this contract will not relieve the contractor of the obligation to comply with the Act and to defend,
indemnify, protect, and save harmless the owner pursuant to this paragraph.
It is further agreed and understood that the owner assumes no obligation to indemnify or save harmless the
contractor, its agents, servants, employees and subcontractors for any claim which may arise out of their
performance of this Agreement. Furthermore, the contractor expressly understands and agrees that the provisions of
this indemnification clause shall in no way limit the contractor’s obligations assumed in this Agreement, nor shall
they be construed to relieve the contractor from any liability, nor preclude the owner from taking any other actions
available to it under any other provisions of the Agreement or otherwise at law.
The undersigned vendor consents to the full understanding of the forgoing Americans with Disabilities Act Language
of 1990:
Bidder/Vendor:
Signature:
Full Name (Print):
Title:
Date
25
BOROUGH OF KENILWORTH
STATE OF NEW JERSEY
BUSINESS REGISTRATION COMPLIANCE
(BRC REQUIREMENTS)
Goods and Services Contracts
(including purchase orders)
&
Construction Contracts
(including public works related purchase orders)
N.J.S.A. 52:32-44 imposes the following requirements on contractors and all subcontractors that knowingly
provide goods or perform services for a contractor fulfilling this contract:
1) The contractor shall provide written notice to its subcontractors and suppliers to submit proof of business
registration to the contractor;
2) Subcontractors, through all tiers of a project, must provide written notice to their subcontractors and
suppliers to submit proof of business registration and subcontractors shall collect such proofs of
business registration and maintain them on file;
3) Prior to receipt of final payment from a contracting agency, a contractor must submit to the contacting
agency an accurate list of all subcontractors and suppliers or attest that none was used;
4) During the term of this contract, the contractor and its affiliates shall collect and remit, and shall notify
all subcontractors and their affiliates that they must collect and remit to the Director, New Jersey
Division of Taxation, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A. 54:32B-1 et
seq.) on all sales of tangible personal property delivered into this State.
A contractor, subcontractor or supplier who fails to provide proof of business registration or provides false
business registration information shall be liable to a penalty of $25 for each day of violation, not to exceed
$50,000 for each business registration not properly provided or maintained under a contract with a
contracting agency. Information on the law and its requirements is available by calling (609) 292-9292.
26
BOROUGH OF KENILWORTH
THESE ARE SAMPLES OF THE ONLY ACCEPTABLE
BUSINESS REGISTRATION CERTIFICATES.
FAILURE TO POSSESS A NEW JERSEY BUSINESS REGISTRATION CERTIFICATE
MAY BE CAUSE FOR REJECTION OF YOUR BID RESPONSE REGARDLESS OF THE FACT
THAT A COPY MAY ALREADY BE ON FILE WITH THE
BOROUGH OF KENILWORTH
27
BOROUGH OF KENILWORTH
DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
Bid Solicitation Title: 2024 Bulk Waste Collection Services
Print Vendor Name
Pursuant to N.J.S.A. 52:32-57, et seq. (P.L. 2012, c.25 and P.L. 2021, c.4) any person or entity that submits a bid or
proposal or otherwise proposes to enter into or renew a contract must certify that neither the person nor entity, nor any
of its parents, subsidiaries, or affiliates, is identified on the New Jersey Department of the Treasury’s Chapter 25 List as
a person or entity engaged in investment activities in Iran. The Chapter 25 list is found on the Division’s website at
https://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf. Vendors/Bidders must review this list prior to
completing the below certification. If the Director of the Division of Purchase and Property finds a person or entity to
be in violation of the law, s/he shall take action as may be appropriate and provided by law, rule or contract, including
but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and
seeking debarment or suspension of the party.
PLEASE CHECK EITHER BOX:
□ I certify, pursuant to N.J.S.A. 52:32-57, et seq. (P.L. 2012, c.25 and P.L. 2021, c.4), that neither the Vendor/Bidder
listed above nor any of its parents, subsidiaries, or affiliates is listed on the New Jersey Department of the Treasury’s
Chapter 25 List of entities determined to be engaged in prohibited activities in Iran.
OR
□ I am unable to certify as above because the Vendor/Bidder and/or one or more of its parents, subsidiaries, or affiliates
is listed on the New Jersey Department of the Treasury’s Chapter 25 List. I will provide a detailed, accurate and precise
description of the activities of the Vendor/Bidder, or one of its parents, subsidiaries or affiliates, has engaged in regarding
investment activities in Iran by completing the information requested below.
Entity Engaged in Investment Activities
Relationship to Vendor/ Bidder
Description of Activities
Duration of Engagement
Anticipated Cessation Date
* * * Attach Additional Sheets If Necessary * * *
CERTIFICATION
I, the undersigned, certify that I am authorized to execute this certification on behalf of the Vendor, that the foregoing
information and any attachments hereto, to the best of my knowledge are true and complete. I acknowledge that the
State of New Jersey is relying on the information contained herein, and that the Vendor is under a continuing obligation
from the date of this certification through the completion of any contract(s) with the State to notify the State in writing
of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement
or misrepresentation in this certification. If I do so, I may be subject to criminal prosecution under the law, and it will
constitute a material breach of my contract(s) with the State, permitting the State to declare any contract(s) resulting
from this certification void and unenforceable.
Signature:
Date:
Print Name & Title:
28
BOROUGH OF KENILWORTH
EQUIPMENT CERTIFICATION
The undersigned Bidder hereby certifies as follows:
The bidder owns or controls all the necessary equipment required to accomplish the work described in the
specifications.
Bidder/Vendor:
Signature:
Full Name (Print):
Title:
Date
29
BOROUGH OF KENILWORTH
LIST OF CONTRACT & PERFORMANCE REFERENCES
The undersigned bidder hereby certifies that the following is a true listing of no less than three (3) public entities
who have received goods and/or services by the bidder that the Borough of Kenilworth may contact, without
restriction, to verify the bidder’s reasonable and satisfactory ability to deliver goods and/or perform services in
accordance with the forgoing bid package and specifications:
Reference No. 1:
Name of Public Entity:
Contract Purpose:
Contact Name:
Contact Title:
Contact Phone:
Contact E-Mail:
Reference No. 2:
Name of Public Entity:
Contract Purpose:
Contact Name:
Contact Title:
Contact Phone:
Contact E-Mail:
Reference No. 3:
Name of Public Entity:
Contract Purpose:
Contact Name:
Contact Title:
Contact Phone:
Contact E-Mail:
Certification
Bidder/Vendor:
Signature:
Full Name (Print):
Title:
Date
30
BOROUGH OF KENILWORTH
ACKNOWLEDGMENT OF RECEIPT OF ADDENDA
Pursuant to N.J.S.A. 40A:11-23.1a, the undersigned bidder hereby acknowledges receipt of the following notices,
revisions, or addenda to the bid advertisement, specifications or bid documents. By indicating date of receipt, bidder
acknowledges the submitted bid takes into account the provisions of the notice, revision or addendum. Note that the
local unit's record of notice to bidders shall take precedence and that failure to include provisions of changes in a bid
proposal may be subject for rejection of the bid.
Local Unit Reference Number/
or Title of Addendum/Revision
How Received
(mail, fax, pick-up, etc.)
Date Received
Acknowledgment by bidder:
Name of Bidder:
By Authorized Representative:
Signature:
Printed Name and Title:
Date:
FORM NOT REQUIRED IF NO ADDENDA ISSUED
31
END OF DOCUMENT
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performance bond
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"...The Contractor shall be subject to Liquidated Damages...."
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Timeline
First Discovered
Mar 19, 2026
Last Info Update
Apr 30, 2026
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