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Executive Summary
The Borough of Ship Bottom is soliciting bids for the collection and disposal of solid waste and recyclable materials. The Borough is considering alternative contract options, including separate contracts for solid waste and recycling, or a unified contract for both. The contract periods are for either three or five years, commencing on January 1, 2023, and ending on either December 31, 2025, or December 31, 2028. Bids must be submitted to the Borough Clerk by hand or mail no later than Tuesday, December 20, 2022, at 11:00 A.M.
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--- Document: Bid Spec 4 Document ---
BOROUGH OF SHIP BOTTOM
Collection and Disposal of Solid Waste and Recyclable Materials Alternative Contract Options within the
Borough of Ship Bottom
BID DOCUMENT CHECKLIST
Required
(X)
Submission Requirements
Initial each
required (x)
entry submitted
x
Americans with Disabilities Act Notice
x
Non-Collusion Affidavit
x
Acknowledgement of Receipt of Addenda (if applicable)
x
New Jersey Business Registration
x
Affirmative Action Notice to Contractors
x
Mandatory Affirmative Action Language acknowledgment
x
Statement of Corporate Ownership Certification; N.J.S.A. 52:25-24.2
x
Authorized Business Agent
x
Disclosure of Investment Activities in Iran
x
Bid Guaranty; N.J.S.A. 40A:11-21
x
Consent of Surety
x
Certificate of Public Convenience
x
Prevailing Wage acknowledgement
x
Statement: Qualification and Experience Questionnaire
x
Certificate of Insurance (upon award)
x
Performance Bond (upon award)
x
Vehicle Dedication Affidavit
x
Agreement Document (upon award)
x
Affirmative Action Affidavit
x
Certificate of Bidder showing that bidder owns, leases or controls
any necessary equipment
x
W-9
x
Surety Disclosure Statement
Signature: The undersigned hereby acknowledges the review, execution, and submission the above listed
requirements.
Name of Bidder (company):
__________________________________________________________________________________________
By Authorized Agent/Representative:
__________________________________________________________________________________________
Signature:
__________________________________________________________________________________________
Print Name and Title:
Dated: __________________
Contact phone number:
__________________________________________________________________________________________
Email address:
__________________________________________________________________________________________
BOROUGH OF SHIP BOTTOM
UNIFORM BID SPECIFICATIONS
Solid Waste Collection & Disposal Services
Within the Borough of Ship Bottom
-- OR --
Collection & Disposal of Recycling Materials
Within the Borough of Ship Bottom
-- OR --
Collection & Disposal Service for
Recycling Materials & Solid Waste Containers
Within the Borough of Ship Bottom
Invitation to Bid
Bid Document Submission Checklist
TABLE OF CONTENTS
1.
INSTRUCTIONS TO BIDDERS
1.1
The bid
1.2
Changes to the bid specifications
1.3
Bid Submission, Opening, Duration
1.4
Documents to be submitted
2.
DEFINITIONS
3.
BID SUBMISSION REQUIREMENTS
3.1
Bid proposal
3.2
Bid guarantees
3.3
Exceptions to the bid specifications
3.4
Brand Name or Equivalent
3.5
Compliance
3.6
Conflict of Interest and Non-Collusion
3.7
No assignment of bid
4.
AWARD OF CONTRACT
4.1
Generally
4.2
Notice of Award and Execution of Contract
4.3
Responsible bidder
4.4
Performance bond
4.5
Affirmative action requirements
4.6
Vehicle dedication affidavit
4.7
Errors in price calculation
5.
WORK SPECIFICATIONS AND ALTERNATIVE OPTIONS
5.1
Waste and Recycling Collections
5.2
Containers
5.3
Waste and Recycling Disposal
5.4
Vehicles and Equipment
5.5
Name on Vehicles
5.6
Telephone Facilities and Equipment
5.7
Failure to Collect
5.8
Complaints
5.9
Solicitation of Gratuities
5.10
Invoice and Payment Procedure
5.11
Competence of Employees
5.12
Supervision of Employees
5.13
Insurance Requirements
5.14
Indemnification
5.15
Liquidated Damages and Performance
5.16
Breach of Contract
5.17
Additional General Terms and Conditions
6.
BID DOCUMENTS AND AGREEMENT
6.1
Agreement
6.2
Certificate of Public Convenience
6.3
Statement of Bidders Qualification and Experience and Questionnaire
6.4
Bid Guaranty
6.5
Statement of Ownership
6.6
Authorized Business Agent
6.7
Non-Collusion Affidavit
6.8
Consent of Surety
6.9
Iranian Disclosure
6.10
Performance Bond
6.11
Security Disclosure Statement
6.12
Vehicle Dedication Affidavit
6.13
Certificate of Insurance
6.14
American with Disabilities Act
6.15
Public Works Notice and Prevailing Wage
6.16
Notice of Addenda Acknowledgment
6.17
Affirmative Action Affidavit
6.18
Equal Employment Opportunity Language
6.19
Business Registration Certificate
6.20
Bid Proposal
6.21
Bid Options and Alternatives
1
INSTRUCTIONS TO BIDDERS
1.1
THE BID
The Borough is soliciting alternate bid proposals for independent contracts for “Solid Waste Collection
& Disposal” and “Collection & Disposal of Recycling Materials” or a unified contract for the “Collection &
Disposal Service for Recycling Materials & Solid Waste Containers” for alternate periods of three and five years,
to commence on January 01, 2023, and ending on either December 31, 2025, or December 31, 2028, in accordance
with the terms of these Bid Specifications and N.J.A.C. 7:26H-6, et seq.
1.2
CHANGES TO THE BID SPECIFICATIONS
Notice of revisions or addenda to advertisements or bid documents relating to bids will, no later than five
days, Saturdays, Sundays, and holidays excepted, prior to the date for acceptance of bids, be published in the
ASBURY PARK PRESS and THE STAR LEDGER.
1.3
BID SUBMISSION, OPENING, AND DURATION
All bid proposals will be publicly opened and read by the purchasing agent at Borough Hall, 1621 Long
Beach Blvd, Ship Bottom, New Jersey, on Tuesday, December 20, 2022, at 11:00 A.M. Bids must be delivered by
hand or by mail to the Borough Clerk no later than Tuesday, December 20, 2022, at 11:00 A.M. All bid proposals
will be date and time stamped upon receipt. Bidder is solely responsible for the timely delivery of the bid proposal
and no bids shall be considered which are presented after the public call for receiving bids. Any Bid Proposal
received after the date and time specified will be returned, unopened, to the bidder. Once bid proposals have been
opened by the Borough, the pricing shall remain firm and fixed for a minimum period of sixty calendar days and/or
an additional time frame that may have been agreed upon by the bidder.
1.4
DOCUMENTS TO BE SUBMITTED
The following documents and the documents set forth and required in the Bid Document Checklist shall be
submitted by every bidder at the time and date specified in the public notice to prospective bidders:
1.
Certified photocopies of bidder's certificate of public convenience and necessity and an approval
letter issued in conformance with N.J.S.A. 13:1E-126, et seq.;
2.
Questionnaire setting forth experience and qualifications;
3.
Bid Guarantee in the form of a bid bond, certified check or cashier's check in the amount of 10%
of the total amount of the bid proposal, not to exceed $20,000; payable to the Borough;
4.
Non-collusion affidavit;
5.
Stockholder statement of ownership;
6.
Certificate of surety;
7.
Bid Proposal;
8.
Business Registration Certificate (BRC);
9.
Affirmative Action Affidavit; and
10.
Certification regarding investment activities in Iran, in accordance with N.J.S.A. 52:32-58. All of
the foregoing shall be submitted in accordance with the instructions hereinafter contained. The
division of the Bid Specifications into parts is merely for convenience and ready reference; all
parts of the Bid Specifications constitute a single document.
2.
DEFINITIONS
The following definitions, the definitions set forth throughout the specifications, and the definitions set
forth in the applicable New Jersey statutes and administrative code shall apply.
“Ashes” means the residue or products of burning of any combustible material or substance whether burned
for heating, for disposal of refuse by incineration or otherwise and shall also include soot.
"Bid proposal" means all documents, proposal forms, affidavits, certificates, statements required to be
submitted by the bidder at the time of the bid opening.
"Bid guarantee" means the bid bond, cashier's check or certified check submitted as part of the bid
proposal, payable to the contracting unit, ensuring that the successful bidder will enter into a contract.
"Bid specifications" means all documents requesting bid proposals for municipal solid waste collection
services contained herein.
“Borough” means the Borough of Ship Bottom.
“Buildings” means all buildings located in the Borough, except industrial plants and shall furnish "limited
garbage collection service" to "stores" as defined herein.
“Building and Demolition Materials” means building and demolition materials are hereby defined as the
wastes resulting from new construction or from alterations or changes to existing structures, including such as
concrete blocks, broken concrete, mortar and plaster, wire and wood lath, timbers, wood building products, leaders
and gutters, siding of all kinds, exclusive of asbestos, roofing of all kinds, and other similar nonputrescible materials.
“Bulk Refuse” means fixtures and furniture, gas ranges, refrigerators, washing machines, hot water heaters,
bathtubs, screens, storm windows, lumber and tree branches and limbs tied securely in bundles not more than four
feet in length and not weighing more than 50 pounds, and plumbing fixtures, and electrical fixtures, and other refuse
of a similar nature and kind. Tires, building and demolition material, stumps, trees, and branches are not included.
"Certificate of insurance" means a document showing that an insurance policy has been written and
includes a statement of the coverage of the policy.
"Collection site" means the location of waste containers on collection day.
"Collection source" means a generator of designated collected solid waste to whom service will be
provided under the contract.
"Consent of surety" means a contract guaranteeing that if the contract is awarded, the surety will provide a
performance bond.
"Contract" means the written agreement executed by and between the successful bidder and the governing
body and shall include the bid proposal, and the bid specifications.
"Contract administrator" is the person authorized by the contracting unit to procure and administer
contracts for solid waste and recycling collection services.
"Contracting unit" means a municipality or any board, commission, committee, authority or agency, and
which has administrative jurisdiction over any district other than a school district, project, or facility, included or
operating in whole or in part, within the territorial boundaries of any county or municipality which exercise
functions which are appropriate for the exercise by one or more units of local government, and which has statutory
power to make purchases and enter into contracts or agreements for the performance of any work or the furnishing
or hiring of any materials or supplies usually required, the costs or contract price of which is to be paid with or out
of public funds.
"Contractor" means the lowest responsible bidder to whom award of the contract shall be made.
“Curb Line” means the curb where curbing exists or to the edge of pavement if curbing does not exist, or in
the absence of pavement, to the traveled way.
“Debris” means lawn and garden debris, including hedge clippings, small bushes, shrubs, small tree
branches (not to exceed four containers or bundles for dwelling unit per collection) which must be tied securely in
bundles not more than four feet in length, which said bundles are not to weigh more than fifty pounds when placed
at the curb for collection and removal. Wallpaper, plaster, building materials (not to exceed three containers or
bundles a month from any one dwelling unit), must be properly contained or tied securely in bundles not more than
four feet in length, which bundles shall weigh not more than fifty pounds when placed at the curb for collection and
removal.
"Designated collected recyclable material" and “recycling material” means the following.
1.
Aluminum cans – empty all-aluminum beverage and food containers.
2.
Ferrous containers – empty steel or tin food or beverage containers.
3.
Glass containers – bottles and jars made of clear, green or brown glass. Expressly excluded are
non-container glass, plate glass, blue glass and porcelain and ceramic products.
4.
Newspapers – paper of the type commonly referred to as “newsprint” and distributed at fixed
intervals, having printed thereon, news and other matters of public interest. Expressly excluded,
however, are newspapers which have been soiled. Newspapers shall be deemed soiled if they
have been exposed to substances or conditions rendering them unusable for recycling.
5.
Carboard – boxes, cartons and containers made of thin, stiff pasteboard made of paper pulp.
6. Such other recyclable materials as may be designated by the County of Ocean.
"Designated collected solid waste" and “solid waste” means solid waste garbage, rubbish, debris, and bulk
refuse. Solid waste shall not consist of recyclable materials, hazardous waste, or solid animal and vegetable wastes
collected by swine producers licensed by the State Department of Agriculture to collect, prepare, and feed such
waste to swine on their own farms.
"Disposal facility" means those sites designated in the Ocean County Solid Waste Management Plan for
use by the Borough.
"Governing body" means the governing body of the municipality, when the contract or agreement is to be
entered into by, or on behalf of a, municipality as further defined at N.J.S.A. 40A:11-2.
“Hazardous Waste” means any solid waste or combination of solid waste including toxic, corrosive,
irritating, sensitizing, radioactive, biologically infectious, explosive, or flammable solid waste which poses a present
or potential threat to human health, living organisms, or the environment, provided that the solid waste is hazardous
in accordance with the standards and procedures set forth in N.J.A.C. 7:26-8.
"Holiday" means a regularly scheduled collection day on which the authorized Disposal Facilities are
closed.
“Infectious Waste” means any single-use article, body organ or part, animal carcass or other item requiring
disposal, which result from or were in contact with persons or animals suspected or diagnosed as being or having
been exposed to contagious disease organisms. These wastes must be handled separately from other refuse to
prevent the transmission of communicable disease.
"Legal newspaper" means the Asbury Park Press and the Beach Haven Times.
“Litter” is all refuse as deposited in the litter receptacles.
"Proposal forms" mean those forms that must be used by all bidders to set forth the prices for services to
be provided under the contract.
“Route” means the path followed by a given truck or trucks when collecting refuse and recyclables.
“Recycling Coordinator” means the Recycling Coordinator of the Borough, the duly authorized
representative of the governing body, who shall be responsible for the implementation of this contract in all respects
except where there is any question relating to the authority or actions of the said Recycling Coordinator which shall
be finally determined by the governing body.
"Service Area" means the geographic area described below. The service area is the entirety of the
Borough.
“Stores” means any place of business in which goods or merchandise are bought or sold, whether or not a
service is rendered and shall also include restaurants open to the public, and any other commercial or professional
establishments.
“Streets” means all public highways, avenues, lanes, alleys, service roads and places within the limits of the
Borough, which are accessible to a standard refuse collection vehicle.
"Surety" means a company that is duly certified to do business in the State of New Jersey and that is
qualified to issue bonds in the amount and of the type and character required by these specifications.
“Work” means any and all obligations, duties and responsibilities necessary to the successful completion of
the project under the Contract Documents, including the furnishing of all labor, materials, equipment, and other
incidentals.
3.
BID SUBMISSION REQUIREMENTS
3.1
BID PROPOSAL
A. Each document in the bid proposal must be properly completed in accordance with N.J.A.C.
7:26H-6.5. No bidder shall submit the requested information on any form other than those provided in these bid
specifications.
B.
Bid proposals shall be hand delivered or mailed in a sealed envelope, and the name and address of
the bidder and the name of the bid as set forth in the Public Advertisement for Bids must be written clearly on the
outside of the sealed envelope. No bid proposal will be accepted past the date and time specified by the Borough
in the advertisement for bids.
C.
Each bidder shall sign, where applicable, all bid submissions as follows:
1.
For a corporation, by a principal executive officer;
2.
For a partnership or sole proprietorship, by a general partner or the proprietor
respectively; or
3.
A duly authorized representative if:
a.
The authorization is made in writing by a person described in sections 1 and 2
above; and
b.
The authorization specifies either an individual or a position having responsibility
for the overall operation of the business.
D.
The bid proposal contains alternate and option bids. The Borough may, at its discretion, award the
contract to the bidder whose aggregate bid price for the chosen option, or any combination of options is the lowest
responsible bidder; provided, however, the Borough shall not award the contract based on the bid price for separate
options.
E.
Any bid proposal that does not comply with the requirements of the bid specifications and
N.J.A.C. 7:26H-6.1, et seq., shall be rejected as non-responsive.
3.2
BID GUARANTEES
A.
A bid guarantee in the form of a bid bond, cashier's check or certified check, made payable to the
Borough in the amount of 10% of the highest aggregate four years and seven months bid submitted, not to exceed
twenty thousand dollars ($20,000) must accompany each bid proposal. In the event the bidder to whom the
contract is awarded fails to enter into the contract in the manner and within the time required, the award to the
bidder shall be rescinded and the bid guaranty shall become the property of the Borough. A bid bond must be
issued by a surety authorized to do business in the State of New Jersey and accompanied by (a) appropriate
acknowledgments of the respective parties, (b) appropriate duly certified copy of Power of Attorney or other
certificate of authority where bond is executed by agent, officer, or other representative of Principal or Surety, (c) a
duly certified extract from by-laws or resolutions of Surety under which Power of Attorney or other certificate of
authority of its agent, officer or representative was issued and (d) duly certified copy of latest published financial
statement of assets and liabilities of Surety.
3.3
EXCEPTIONS TO THE BID SPECIFICATIONS
Any conditions, limitations, provisos, amendments, or other changes attached or added by the bidder to
any of the provisions of these bid specifications or any changes made by the bidder on the proposal forms shall
result in the rejection of the bid proposal by the Mayor and Council.
3.4
BRAND NAME OR EQUALIVENT SUBSTITUTIONS
Whenever the work specifications identify a brand name, trade name, or a manufacturer's name, this
designation is used for classification or descriptive purposes only, and the bidder may substitute an equal product,
subject to the approval of the Mayor and Council.
3.5
COMPLIANCE
The bidder shall be familiar with and comply with all applicable local, state, and federal laws and
regulations in the submission of the bid proposal, and, if the bidder is awarded the contract, in the performance of
the contract, including, but not limited to, provision of the successful bidder's Business Registration Certificate
issued by the New Jersey Division of Revenue prior to the time a contract, purchase order, or other contracting
document is awarded or authorized in accordance with N.J.S.A. 52:32–44(b).
3.6
CONFLICT OF INTEREST AND NON-COLLUSION
Each bidder must execute and submit as part of the bid proposal a "Non-Collusion Affidavit" which at a
minimum shall attest that:
A.
The bidder has not entered into any agreement or participated in any collusion with any other
person, corporate entity or government entity, or competitive bidding either alone or with any other person,
corporate entity or government entity in connection with the above-named project;
B.
All statements made in the bid proposal are true and correct and made with the full knowledge
that the contracting unit relies upon the truth of those statements in awarding the contract; and
C.
No person or business is employed to solicit or secure the contract in exchange for a commission,
percentage brokerage agreement or contingency fee unless such person possesses a Certificate of Public
Convenience and Necessity and a License issued pursuant to N.J.A.C. 7:26-16, et seq.
3.7
NO ASSIGNMENT OF BID
The bidder may not assign, sell, transfer, or otherwise dispose of the bid or any portion thereof or any right
or interest therein. This section is not intended to limit the ability of the successful bidder to assign or otherwise
dispose of its duties and obligations under the contract provided that the Borough agrees to the assignment or other
disposition. No such assignment of disposition shall become effective without the written approval of the New
Jersey Department of Environmental Protection.
4.
AWARD OF CONTRACT
4.1
GENERALLY
A.
The Borough shall award the contract or reject all bids within the time specified in the invitation
to bid, but in no case more than sixty days, except that the bids of any bidders who consent thereto may, at the
request of the contracting unit, be held for consideration for such longer period as may be agreed. All bidders will
be notified of the Borough’s decision, in writing, by certified mail.
B.
The contract will be awarded to the bidder whose aggregate bid price for the selected option or
options is the lowest responsible bid.
C.
The Borough reserves the right to reject any bid not prepared and submitted in accordance with
the provisions hereof, and to reject any or all bids. In the event the Borough rejects all bids, the Borough shall
publish a notice of re-bid no later than ten days, Saturdays, Sundays, and holidays excepted, prior to the date for
acceptance of bids.
4.2
NOTICE OF AWARD AND EXECUTION OF CONTRACT
Within fourteen calendar days of the award of the contract, the Borough shall notify the successful bidder
in writing, at the address set forth in the bid proposal and such notice shall specify the place and time for delivery
of the executed contract, the performance bond, the vehicle dedication affidavit and the appropriate affirmative
action documentation. Failure to deliver the aforementioned documents as specified in the notice of award shall be
cause for the Borough to declare the Contractor non-responsive and to award the contract to the next lowest bidder.
4.3
RESPONSIBLE BIDDER
The Borough shall determine whether a bidder is "responsible" in accordance with N.J.S.A. 40A:11-2 and
-6.1 and N.J.A.C. 7:26H-6.8. The bid proposal of any bidder that is deemed not to be "responsible" shall be
rejected.
4.4
PERFORMANCE BOND
A.
For the terms of the contract, the successful bidder shall provide a performance bond issued by a
Surety authorized to transact business in the State of New Jersey in an amount equal to no more than 100% of the
annual value of the contract. The successful bidder shall provide said performance bond prior to or concurrent with
the delivery of the executed contract. The performance bond for each succeeding year shall be delivered to the
Borough with proof of full payment of the premium one-hundred and twenty days prior to the expiration of the
current bond.
B.
Failure to deliver a performance bond for any year of a multi-year, contract one-hundred and
twenty days prior to the termination of the current bond will constitute a breach of contract and will entitle the
Borough to terminate the contract upon the expiration of the current bond. Notwithstanding termination pursuant
to this section, the Contractor is obligated to fully perform through the date of termination of the contract and
damages shall be assessed in an amount to the costs incurred by the Borough in re-bidding the contract.
4.5
AFFIRMATIVE ACTION REQUIREMENTS
A.
If awarded a contract, the successful bidder will be required to comply with the requirements of
N.J.S.A. 10:5-31, et seq., and N.J.A.C. 17:27, et seq.
B.
Within seven days after receipt of notification of the Mayor and Council’s intent to award any
contract the Contractor must submit one of the following to the contracting unit:
1.
If the Contractor has a federal affirmative action plan approval which consists of a valid
letter from the Office of Federal Contract Compliance Programs, the Contractor should
submit a photocopy of its letter of approval.
2.
If the Contractor has a certificate of employee information report, the Contractor shall
submit a photocopy of the certificate.
3.
If the Contractor has none of the above, the contracting unit shall provide the Contractor
with an (A.A.302) affirmative action employee information report.
C.
If the Contractor does not submit the affirmative action document within the required time period
the Borough may extend the deadline by a maximum of the fourteen calendar days. Failure to submit the
affirmative action document by the fourteenth calendar day shall be cause for the Borough to declare the
Contractor to be non-responsive and to award the contract to the next lowest bidder.
4.6
VEHICLE DEDICATION AFFIDAVIT
The Contractor shall execute and submit at the time and place specified in the award notice a vehicle
dedication affidavit which at a minimum shall attest that: The successful bidder will dedicate a fixed number of
vehicles, reasonably calculated to meet the requirements of these bid specifications; or to the extent that dedication
of a fixed number of vehicles is not feasible, the Contractor shall covenant that the Borough will only be
accountable for its proportional share of the waste contained in the collection vehicle and shall be assessed charges
based only on its share of the waste at the time of disposal.
4.7
ERRORS IN PRICE CALCULATION
Any discrepancy between a numerical price and a price written in words shall be resolved in favor of the
price as written in words. Any discrepancy between the unit price multiplied by the quantity and a corresponding
total price figure set forth in the proposal forms(s) shall be resolved in favor of a total price reached by multiplying
the unit price by the quantity. The corrected total shall be used to determine the award of the contract. After all bid
proposals have been read, the bids will be tabulated and adjusted, if necessary, in accordance with this paragraph.
If any mathematical corrections must be made on any bid proposal, then the Borough may not award a contract
until all tabulations are complete.
5.
WORK SPECIFICATIONS AND ALTERNATIVE OPTIONS
Incorporated herein by reference are 5A, 5B, and 5C, the specific work specifications and scope required
by the alternative bid options. Specifically, the Borough is seeking either independent contracts for “solid waste
collection and disposal services” (5A) and the “collection and disposal of recycling materials” (5B) or a single
contract for the “collection and disposal services for recycling materials and solid waste containers” (5C). In the
event there are any conflict between the specifications set forth herein and 5A, 5B, and/or 5C, the terms of the 5A,
5B, and/or 5C shall control, except terms more favorable to the Borough and more inclusive to additional required
services required by the Contractor shall control in all circumstances. Except that in the event separate Contractors
are awarded the solid waste (5A) and recycling (5B) contracts, in which case the provisions that specifically apply
to solid waste collection shall not apply to the collection of recyclable materials and vice versa.
5.1.
WASTE AND RECYCLABLE COLLECTION
A.
The Contractor shall collect garbage, rubbish, debris, and bulk refuse and recyclable materials on
routes and schedules set forth in the specifications and approved by Mayor and Council, so that each street or
property will have collection in accordance with the specifications. These areas include all residential properties,
all multi-family condominium developments, the Borough boat ramp, recreation area receptacles, curb receptacles
on Long Beach Blvd, the 25th Street pavilion receptacles, and street end receptacles and litter receptacles, as well as
the Public Works Yard, Municipal Building, and 3rd Street yard recycling containers and containers/dumpsters for
solid waste (the three six-yard containers/dumpsters to be provided by the Contractor without additional cost at
Public Works, Municipal Building, and 3rd Street yard) – the 3rd Street dumpsters will change to 6th Street at some
point during the term of the contract. During the months of July and August, the Contractor will not be required to
collect bulk refuse. The Contractor shall provide limited service to all commercial and professional establishments
(limited to six receptacles per establishment). The continuous performance of this service and work without any
interruption is essential and a primary requirement of this contract.
B.
The Contractor shall use every precaution to prevent any materials from being spilled in or on any
premises, including any portion of a building, private property, or public street during collections. Any materials so
spilled shall be immediately swept up and the premises, building, and streets left in a clean condition. No ashes,
garbage, rubbish, or refuse shall be left by the Contractor in the traveled way or on the sidewalk or curbs or along
the route from the place of receptacle placement to collection vehicle. If any garbage, ashes, rubbish, or refuse fall
from a vehicle or receptacle, either during collection or transportation, such articles shall be immediately gathered
and replaced in the vehicle and the place of collection rendered clean. Failure to do so will be considered a violation
of the specifications and the Contractor shall pay the amount of liquidated damages hereinafter specified. The
Contractor shall not permanently garage any of its vehicles within the Borough, nor will it maintain any type of
garbage transfer station within the Borough.
C.
All collections shall contain garbage or recyclable materials generated within the Borough
exclusively and the Contractor shall not add any garbage or recyclable material to the Borough collections which are
outside of the scope of this Contract.
D.
No additional compensation will be made to the Contractor for use of any additional equipment or
work necessary to complete the pickup of bulk refuse. All costs for the above services shall be included in the bid
proposal for garbage and refuse collection.
E.
In the event the disposal of solid wastes generated in the Borough, which are included in the service
plan awarded, are unacceptable at the Ocean County Landfill site, the Contractor will dispose of the unacceptable
materials at an alternate site.
F.
The submission of a bid shall be deemed conclusive evidence that the bidder has made a tour of the
entire Borough and shall constitute a waiver by the bidder of all claims of error in bid, withdrawal of bid payment of
extras, or combination thereof, under the executed contract or any revision thereof.
G.
The Contractor is fully responsible for any public or private property damage that occurs as a result
of the performance of this contract. This includes property damage caused by recycling collection vehicles.
5.2
CONTAINERS
A.
All garbage, ashes, refuse, and recyclables shall be collected from receptacles placed by the
building occupant(s) at the curb in front of each house or other building within the Borough, in amounts not to
exceed six thirty-two-gallon cans and four bulk items per collection. Municipal receptacles may be in amounts not
to exceed fifty-five-gallon barrels and drums. Multi-family Condominium Developments may utilize dumpsters.
B.
All receptacles shall be promptly replaced in an upright position out of the traveled way and shall
not be placed on the sidewalk after being emptied.
C.
Employees of the Contractor shall be instructed to notify residents directly of any cans, barrels, or
other receptacles, which are no longer satisfactory containers for the deposit of refuse.
D.
The substances being collected shall be transferred from the receptacles at the pickup site to the
Contractor's vehicle(s) without unnecessary delay or exposure and without spillage. Every vehicle shall have
assigned to it at least one agent or employee of the Contractor who is fluent with the English language.
5.3
SOLID WASTE AND RECYLING DISPOSAL
A.
All solid waste and recyclables collected within the Borough shall be disposed of in accordance
with the Ocean County Solid Waste Management Plan. For the term of this contract, all waste collected pursuant to
the terms of the contract shall be disposed of at the Ocean County Landfill in Manchester, New Jersey. All
recyclables will be disposed of at the Ocean County Recycling Facility in Manahawkin, New Jersey.
B.
The Borough reserves the right to designate another disposal facility (or, if applicable, disposal
facilities) in accordance with the Ocean County Solid Waste Management Plan and/or any waste flow orders or in
the event the designated Disposal Facility is unable to accept waste. The Borough will assume all additional costs or
benefits that are associated with the Borough exercise of its right to designate another disposal facility. The party
seeking an adjustment shall notify, in writing, the other party. A committee comprised of designated members of the
governing body and their legal representative shall negotiate with the Contractor and his legal representative, a
mutually acceptable adjustment to the contract price. In the event of any dispute, the Contractor shall be obligated
to continue performance pursuant to the terms of the contract. The Contractor is advised to familiarize himself with
all requirements, rules and regulations of the Ocean County Landfill, Inc., Manchester, New Jersey and the Ocean
County Recycling Facility in Manahawkin, New Jersey.
5.4
VEHICLES AND EQUIPMENT
A.
All vehicles shall be registered with, and conform to the requirements of the New Jersey
Department of Environmental Protection, in accordance with N.J.A.C. 7:26-3.1, et seq.
B.
For all garbage collections, all collection trucks shall be compaction types, completely enclosed
and watertight. Subject to the prior approval of the contract administrator and Code Enforcement Official, the
Contractor may employ equipment other than compaction type vehicles on streets whose width precludes the
use of such vehicles. For all recyclable collections, all collection trucks shall be completely enclosed and
watertight. The Contractor shall specify whether the vehicles are side, front, or rear loading.
C.
All vehicles shall be 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. All vehicles shall be suitably
painted and shall be kept in a constant state of cleanliness, shall be disinfected once a week, and free of any
obnoxious odors or smells. shall be disinfected once a week. The Contractor shall not permit any such vehicle at
any time to become offensive either through odor, appearance, or for any other reason.
D. The contract administrator may order any of the Contractor's vehicles used in performance of the
contract out of service if the vehicle is not maintained in accordance with the requirements of these Work
Specifications. In such event, the Contractor shall replace such vehicle, at its sole cost and expense, with a
conforming vehicle satisfactory to the contract administrator.
E.
The Contractor shall submit an itemized equipment with the following information on all vehicles
and equipment used in the execution of this contract: model year; make or manufacturer; model & model
number, if applicable; state license plate number; OCMUA Solid Waste decal number; New Jersey D.O.T. decal
number; cubic size of solid waste capacity; Contractor’s vehicle identification. The Contractor shall not
substitute vehicles/equipment except in an emergency where designated vehicles and/or equipment is
unavailable and/or under repair.
1.
The Contractor shall notify the Borough, in writing, providing previously stated
information upon the acquisition of new/substitute vehicle/equipment to their fleet.
Such notification shall be furnished within two working days upon receipt of the
vehicle/equipment, with notation of date vehicle placed in service.
F.
The Contractor shall have a sufficient number of trucks at all times during the term of the contract
to properly perform the basic collection and disposal service, and, in addition, shall have additional trucks to
perform the work in case of repairs, painting, breakdown, and to immediately comply with complaints pertaining to
non-collection.
5.5
NAME ON VEHICLES
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.
5.6
TELEPHONE FACILITIES AND EQUIPMENT
A.
The Contractor must provide and maintain an office within reasonable proximity of the Borough
with sufficient telephone lines to receive complaints or inquiries. The Contractor shall ensure that phone service is
activated prior to the commencement of service.
B.
Telephone service shall be maintained on all collection days, between the hours of 8:00AM and
4:00PM. The Borough shall list the Contractor's telephone number in the telephone directory along with other
listings for the Borough.
5.7
FAILURE TO COLLECT
The Contractor shall report to the contract administrator, within one 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 solid waste no later than the next regularly scheduled collection day. In those cases where collection
is scheduled on a one collection per week basis, that collection will be made as soon as possible, but in no event
later than the next scheduled collection day.
5.8
COMPLAINTS
A.
The Contractor shall promptly and properly attend to all complaints of customers and all notices,
directives, and orders of the contract administrator and Code Enforcement Official within twenty-four hours of the
receipt of same. The Contractor shall be required to create and maintain a log of all complaints received and action
taken to remedy the complaints and send via email with the contract administrator or designee all complaints
received and the action taken to remedy the complaints at the end of each working day. The Complaint log shall be
available for inspection by the Borough.
B.
The Contractor shall have personnel available from 8:00 A.M. to 5:00 P.M., local time, on
collection days to receive telephone calls or personal visits from Borough representatives or members of the
general public relating to recycling material collecting concerns or difficulties. The Borough will anticipate that
all reasonable complaints or concerns shall be handled in a prompt, courteous and efficient manner.
C.
If deemed necessary by the Borough, the Contractor shall have a representative available to
discuss complaints and concerns at the Borough municipal building.
5.9
SOLICITATION OF GRATUITIES
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 the Liquidated
Damage clause herein contained for breach hereof.
5.10
INVOICE AND PAYMENT PROCEDURE
A.
The Contractor shall submit all invoices for collection and/or disposal services in accordance with
the requirements of this section.
1.
Within thirty days after the end of each calendar month during the term of the contract
during which the Contractor provided services as provided in these Bid Specifications, the
Contractor will submit an invoice to the Borough for the preceding calendar month (the
"Billing Month").
2.
Where the Contractor has paid the costs of disposal, the Contractor shall submit a separate
invoice to the Borough for reimbursement.
B.
The Borough shall pay all invoices within sixty days of receipt. The Borough will not be obligated
to pay a defective invoice until the defect is cured by the Contractor. The Borough shall have sixty days from the
date of receipt of the corrected invoice to make payment.
C.
Invoices shall specify the number and type of vehicle used for collection in the contracting unit,
the loads per truck, and the number of cubic yards and the tonnage of the material disposed of each day during the
billing month. The tonnage for which the Borough shall be charged shall be the difference between the weight of
the vehicle upon entering the disposal facility and the tare weight of the vehicle.
D.
The Contractor shall submit an invoice setting forth the costs (including all taxes and surcharges)
of disposal billed by or paid to the Disposal Facility. Where the Contractor has paid the costs of disposal, the
Borough shall reimburse the Contractor for the actual quantity of waste disposed of based on the monthly
submission of certified receipts from the Disposal Facility. The invoices shall specify the number and type of
vehicle used for collection in the governing body; the number of cubic yards and the tonnage of the material
disposed of each day during the billing month; and monthly receipts issued by the disposal facility showing:
1.
Amount of the invoice;
2.
Origin of the waste;
3.
Truck license plate number;
4.
Total quantity and weight of the waste; and
5.
Authorized tipping rate plus all taxes and surcharges.
5.11
COMPETENCE OF EMPLOYEES
The Contractor's employees must be competent in their work, and if any person employed shall appear
incompetent or disorderly, the Borough 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.
5.12
SUPERVISION OF EMPLOYEES
The Contractor shall employ a Superintendent or Foreman who shall have full authority to act for the
Contractor. The Contractor shall notify the Contract Administrator, in writing, that a supervisor has been
appointed. Such notification shall be given prior to beginning performance of the contract. The Contractor shall
promptly notify the Contract Administrator, in writing, of any changes.
5.13
INSURANCE REQUIREMENTS
A.
The Contractor shall take out and maintain in full force and effect at all times during the life of
this Contract insurance in conformance with the requirements of N.J.A.C. 7:26H-6.17 and the following. The
successful bidder shall provide coverage so that all insurance coverages shall be in effect no later than 12:01 A.M.,
EST at the start of the day of the contract and remain in effect for the duration of the contract, including any
extensions. Unless otherwise required by special conditions of this invitation for bid proposals, if a contract is
awarded, the bidder shall be required to purchase and maintain in full force during the life of the contract, covering
all employees engaged in the performance of the contract; Comprehensive General Liability Insurance,
Comprehensive Automobile Liability Insurance and Worker’s Compensation Insurance with limits not less than
those set forth below and pursuant to N.J.S.A. 34:15-12(a); N.J.A.C. 12:235-1.6.
1.
Worker’s Compensation Insurance – statutory coverage, including employer’s liability
coverage, shall be maintained in full force during the life of the contract, covering all
employees engaged in performance of the contract pursuant to N.J.S.A. 34:15-12(a);
N.J.A.C. 12:235-1.6.
2.
Commercial General Liability Insurance – general liability limits of $3,000,000.00 each
occurrence and $3,000,000.00 aggregate products and completed operations.
3.
Comprehensive Automotive Liability Insurance – comprehensive automobile liability
limits of $3,000,000.00 each occurrence. The automobile liability insurance shall cover
all motor vehicles used in the performance of this contract. Automobile coverage shall
include all “owned,” “non-owned,” and “hired”
automobiles used in the performance of this contract.
4.
Umbrella & Excess Umbrella Liability Insurance – umbrella & excess umbrella liability
insurance in the amount not less than $3,000,000.00 dollars, giving protection in excess of
the commercial general and comprehensive automotive liability insurances.
5.
Environmental – environmental impairment or $1,000,000.00 combined single limit
pollution exclusion clause referring back to the general liability insurance.
B.
Certificates of the Required Insurance. Upon notification by the Borough, the lowest responsible
bidder shall supply to the Contract Administrator, within five days of notification, a certificate of insurance as
proof that the insurance policies required by these specifications are in full force and effect. Such certificates shall
provide that the Borough be given at least sixty days prior written notice of any cancellation of intention not to
renew or material change in such coverage. These certificates shall be provided and on file with the Borough
Purchasing Office prior to commencing work in connection with this contract.
C.
On all insurance policies, the Borough shall be named as additional insured and insurance
certificates furnished to the Borough shall indicate that such is in effect.
D.
The providing of any insurance required herein does not relieve the bidder of any of the
responsibilities or obligations assumed by the bidder in the contract awarded or for which the bidder may be liable
by law or otherwise. Failure to provide and continue in force such insurance as required above shall be deemed a
material breach of the contract and shall operate as an immediate termination thereof.
E.
The Contractors insurance shall be considered as primary.
F.
Prior to the execution of the contract, the Contractor shall supply the Borough’s Purchasing
Manager with the appropriate and necessary certificate(s) of insurance for review and approval by Borough
personnel.
G.
As set forth in greater detail in Paragraph 5.14 (this and Paragraph 5.14 shall be read to provide
the most expansive indemnification provisions in favor of the Borough), the Bidder shall indemnify and hold
harmless the Borough of Ship Bottom/the owner from all claims, suites or actions and damages or costs of every
name and description to which the Borough of Ship Bottom/the owner may be subjected or put by reason of injury
to the person or property of another, or the property of the Borough/the owner, resulting from negligent acts or
omissions on the part of the Contractor, the Contractor’s agents, servants or subcontractors in the delivery of goods
or services, or in the performance of the work under the contract.
5.14
INDEMNIFICATION
The Contractor expressly, knowingly, and, to the fullest extent permitted by law, agrees to and shall
release, indemnify, defend, and hold harmless the Borough, its elected and appointed officials, officers,
employees, agents, volunteers, and others working on behalf of the Borough, from and against any loss,
damages, claims, causes of action, liabilities, obligations, penalties, demands, municipal mechanic’s liens filed
pursuant to N.J.S.A. 2A:44-125, et seq., and any conduct or action taken by the Borough relating to any such
lien, and any and all other costs and expenses, including attorneys’ fees and costs, threatened against, suffered,
and/or incurred by the Borough, its elected and appointed officials, officers, employees, agents, volunteers, and
others working on behalf of the Borough arising out of and/or in any manner relating to the permitted,
contracted, and/or licensed activity engaged in by Contractor in and/or relating to the Borough, and the acts,
omissions, and/or negligence of the Contractor, its officers, owners, agents, employees, independent
Contractors, guests, volunteers, others working on behalf of the Contractor. The Contractor shall be responsible
and liable for the payment of any and all of the foregoing attorney’s fees and costs to attorneys of Borough’s
selection for any investigation and review, pre-litigation, litigation, post-judgment litigation, bankruptcy
proceedings, and any and all appeals arising out of and/or relating to this Agreement. The existence of any
available and/or applicable insurance shall not waive or release Bidder from the Bidder’s obligations set forth in
this Agreement.
5.15
LIQUIDATED DAMAGES AND PERFORMANCE
A.
It shall be understood that the orderly and proper collection of recycling material as defined in
this contract is a matter of vital service and utmost importance to the Borough because of its direct impact,
which it has upon the health, and general welfare of the residents and visitors of the Borough. In addition,
inasmuch as damages and loss will be difficult or impossible to accurately assess, the Contractor shall pay to the
Borough as liquidated damages and not as a penalty, in all cases where the Borough shall elect to accept said
liquidated damages in lieu of actual damages, the following sums for the following acts.
Violation Type & General Description
Financial Fines
Failure of truck and crew to operate over and finish a regular
collection route on the route’s regular and normal collection day.
$1,000.00 per route
Failure to collect material properly placed out for collection
$250.00 per location
Repetitive failure to collect after the third failure to collect
$250.00 per continued
failure to collect in
addition to the initial
violations ($250.00
for each failure to
collection, plus an
extract $250.00 for
each third failure to
collect)
Failure to notify the Borough for non-collection
$100.00 per incident
Damaging or carrying away receptacles/containers
$100.00 per incident
Using or maintaining collection vehicles/equipment in an unsanitary,
leaking, or unsafe condition
$500.00 per offense
and possible
notification to the
NJDEP
Failure to clean up any material spilled, dropped, or drained from
$250.00 per offense
plus vehicle and
equipment expenses
and any cleanup costs
Failing to follow specific job instructions of Borough and
$100.00 per incident
at collection centers
Solicitation and/or receipt of gratuity for any work or service provided
$500.00 per incident,
plus elimination of
violating employee
from working in
Borough
Failure to correctly put containers and receptacles with
$50.00 per incident
lids back in a coral
Failure to put cans with lids back to the curb
$50.00 per incident
B.
If the Contractor fails to collect on a scheduled collection day without first securing permission
from the Borough, the prorated cost of one day’s collection shall be deducted from the monthly invoice.
C.
The Borough representative shall notify the Contractor’s appointed supervisor and/or manager
of such violations and prescribe the necessary corrective action. The Contractor shall correct all violation(s)
within one working day. If the violation remains unabated or unsatisfactorily resolved after one working day, the
Borough representative may, at their discretion, make a proper and appropriate deduction from the next payment
in accordance with the violation and liquidated damages schedule.
D.
A continuing violation of any of the above shall be considered a new violation each day. This
provision is in addition to and not in limitation of other rights of the Borough under other parts of these
specifications, including the Borough’s right to full performance by the Surety.
E.
In the event continued and repeated violations are not corrected by the Contractor after due notice
by the Borough, the Borough shall in no way relieve the Contractor of contract obligations specified herein.
Liquidated damages shall be deducted from the monthly bill. It is not the intent of the Borough to unreasonably
assess damages under this Section. The purpose is to respond to citizens’ complaints and resolve disputes over the
collection and/or disposal of solid waste and recycling.
F.
If the Contracting Unit elects to proceed under this option, nothing herein shall be interpreted as
excusing of performance by the Surety under the Performance Bond who must include such a provision in the
Performance Bond.
G.
The foregoing liquidated damage amounts represents reasonable estimates of the actual costs,
economic harm, and damages caused by the Contractor’s failure to perform the contractually required services
and the Borough’s actual cost, economic harm, and damages incurred to correct and remedy such failure of
performance by municipal employees and/or third-party Contractors and the additional fees and costs relating to
and arising out of the require additional professional services and additional attentions and labor required to be
performed by the staff. Contractor further acknowledges and agrees that the actual losses arising from the
Contractor’s breach are inherently difficult to quantify given the nature of the project, the foregoing
agreed-upon sum does not constitute an unenforceable penalty, the foregoing sum is a reasonable
measure of damages, the sum is reasonable based upon the industry, and the sum is reasonable given
the nature of the losses that may result from delays and breaches.
5.16
BREACH OF CONTRACT
A.
In the event the Contracting Unit has to perform the services set forth herein or in the event the
work to be done under these specifications and the contract to be entered into shall be abandoned or not carried on,
or if at any time the Administrator, Director of Public Works or his/her Designee shall be of the opinion and shall
report that the said work is unnecessarily or unreasonably delayed, or that said Contractor has violated any of the
conditions or covenants of these specifications, or of said contract; or is not making such collection upon scheduled
time, the Contracting Unit shall have the option, right and power to notify the said Contractor to discontinue all
work or any part thereof as the Contracting Unit may designate; and that the Contracting Unit shall thereupon have
power to hire so much equipment and to place such and so many persons on the work as it may deem advisable to
complete the work as herein described, or so much thereof as shall be necessary and to charge the expense of said
labor and material and equipment to the Contractor, and the expense so charged shall be deducted and paid by the
Contracting Unit out of such monies as may be either due or may at any time thereafter become due to the said
Contractor under the contract or any part thereof, and in case the expense is greater than the sum which would have
been payable under this contract then the said Contractor shall remit the amount of such excess to the Contracting
Unit; the surety bond or bonds herein mentioned shall be security for the said indemnification of the
Contracting Unit.
B.
If the Contracting Unit determines to proceed under this option, nothing herein shall be interpreted
to excuse the obligation of the Surety to perform its obligation under the Performance Bond in the event that the
Contracting Unit shall elect to pursue that option. This language shall be included in the Performance Bond issued
by the Surety. It is hereby stipulated and agreed that in the event of a labor strike or other emergency the Contractor
shall not forfeit his contract by reasons thereof for the duration of such strike or Act of God; provided however, that
the cost of performing the work specified in such contract to be done during such period shall be charged to the
Contractor as in the case of a default by him.
C.
The Contractor hereby agrees that in the event of such default, if the expense of carrying out the
contract shall exceed the cost of said work under the contract, the said Contractor will reimburse the Contracting
Unit for any expense over the cost of said work under the contract. Contractor agrees that any breach of Contractor
specifications shall give the Contracting Unit the right (in addition to its other rights under these specifications) to
utilize the rights reserved under this section. A strike contingency plan must be submitted at the time of the bid.
D.
Without waiver of the foregoing and cumulative to the Borough’s remedies, the following shall
also constitute a breach of contract and the remedies relating thereto.
1.
Failure to collect on an aggregate of three non-consecutive days within any twelve-month
period without valid and acceptable justification shall constitute just cause for termination
of the contract and invoking of bonding provision. The Borough shall be the sole judge in
determining valid and legitimate reasons for not collecting the scheduled route.
2.
Habitual violations of the “Violations & Liquidated Damages” Section of this contract, that
go unresolved for more than thirty days after the Borough’s representative has notified the
Contractor’s supervisor and/or manager of such habitual violations shall constitute just
cause for termination of the contract and invoking of bonding provisions.
5.17
ADDITIONAL GENERAL TERMS & CONDITIONS
A.
If for any reason the Contractor is unable to complete collections on any given day, they must
complete the collections on the following day with the prior approval of the Code Enforcement Official or their duly
authorized designee.
B.
It is not the Contractor’s responsibility to collect locations that fail to comply with the Borough
Code. However, the Contractor shall notify the Borough Code Enforcement Official within twenty-four hours of
discovery as to the location and the nature of the violation.
C.
Bidders are advised to carefully examine the specifications and all related documents describing the
proposed work in order to be able to exercise their own independent judgment with respect to the circumstances
affecting the cost of work and the degree of performance required.
D.
It shall be the responsibility of the bidder to inspect the Borough and to conduct any and all
necessary research or investigation with respect to current laws and regulations concerning recycling material so that
they will be able to exercise their own judgment with respect to all relevant factors and circumstances affecting the
cost of service in question and the volume of work needed to be performed.
E.
If adverse weather conditions exist which make recycling collection impractical or unsafe, the
Contractor shall notify the Code Enforcement Official or their duly authorized designee, so that both parties can
decide upon alternative collection plans. The Contractor shall notify the Borough by 10:00 A.M., local time, the day
in which the collection service cannot be provided due to unfavorable weather or road conditions.
F.
All designated solid waste and recycling material shall be collected from appropriate containers in
their designated locations as indicated by this set of specifications.
G.
The Contractor shall use all reasonable care, consistent with its rights to manage and control its
own operations, not to employ any person(s) or utilize any labor or to possess any equipment or permit any
condition to exist which shall or may cause or be conducive to pose any activity to be construed as a public
nuisance. The Borough retains the right to require the Contractor to halt all work activities until such conditions are
resolved.
H.
The Contractor shall immediately give notice to the Borough, to be followed by written progress
reports as shall be reasonably necessary, to advise the Borough of any and all impending or existing labor
complaints, troubles, difficulties, disputes, or controversies and the progress of these situations which in the
Contractor’s opinion may interfere with the operation of their business and thus, with the performance of this
contract. The Contractor shall use their best efforts to timely resolve any such complaints, troubles, difficulties,
disputes, or controversies.
I.
Any and all exceptions to these specifications must be clearly noted in writing and in sufficient
detail at the time of placing the bid proposal. Exceptions shall be required to be attached to the bid document, clearly
identified and labeled as “Exceptions to Specifications,” and shall be signed and dated by an authorized and
responsible representative of the bidder.
J.
The Contractor shall see to it that all employees, agents, and representatives shall conduct
themselves in a quiet, decent, professional, business like, and law-abiding manner. They shall be required to apply
themselves diligently to the performance of the required work and clean up all spilled recycling material from the
sidewalks, curbs, streets, alleys, and any other appropriate location when spilled from collection containers, trucks,
or equipment. At all times, they shall refrain from neglect, insolence, or any type of unacceptable or improper
conduct and behavior.
K.
If actual experience should prove that the Contractor requires and needs additional equipment
and/or personnel to satisfy the contract in an acceptable and professional manner, the Contractor shall furnish any
additional equipment and/or personnel at absolutely no increase in total contract cost.
L.
The Borough, by its officers, employees, and representatives, shall have the right at all times to
examine the supplies, materials, and equipment used by the Contractor, its agents and employees.
M.
Damage to private or Borough property as the result of the Contractor’s equipment or personnel
shall be reported verbally within three hours of the occurrence and then followed up within forty-eight hours in
writing to the Code Enforcement Official or their duly authorized designee. The written report shall include details
of the incident, and if applicable, shall include an official Borough of Ship Bottom Police Accident Report.
Furthermore, it is the responsibility of the Contractor to make arrangements to repair any and all damage caused by
their firm in a timely fashion. The Contractor shall restore, repair, or replace damaged items or property to the
absolute satisfaction of the Borough.
N.
In order to maintain the health, safety, and welfare of the residents of the Borough, as well as the
Borough’s infrastructure, the Contractor’s equipment shall be of appropriate size and design to safely and properly
travel the streets of the municipality. In addition, the Contractor shall be required comply with the approved weight
limits for bridges into the Borough.
O.
The Borough assumes no responsibility and no liability for cost incurred by bidders prior to the
issuance of an agreement, contract, or purchase order.
P.
In the event it becomes necessary to revise or modify any section or item of this request for bid as a
result of questions or comments addressed by bidders, a written response will be forwarded to all those vendors
receiving these specifications in the form of an addendum.
Q.
The contractor shall notify the Borough immediately of illegal dumping incidents in litter
receptacles and/or public building dumpsters.
R.
Any and all questions, comments, inquires, concerns, or request for additional information shall be
directed to the following Borough representatives:
Code Enforcement Official
Kathleen Flanagan, CFO, QPA
Borough of Ship Bottom
Borough of Ship Bottom
1621 Long Beach Blvd.
1621 Long Beach Blvd
Ship Bottom, New Jersey 08008
Ship Bottom, New Jersey 08008
Telephone #: (609) 494-2171, ext. 131
Telephone #: (609) 494-2171, ext. 120
Fax #: (609) 494-7534
Fax #: (609) 494-7534
Note: Hours of business for the Borough Code Enforcement Official are Monday through Friday, 6:00 A.M. to 3:00
P.M. local time. The Borough government observes traditional holidays recognized by public entities.
Accompanying these specifications is a listing of designated holidays for the Borough for the year. Borough
business is not conducted on these specified holidays.
__________________________________________
______________________________________
Name of Firm or Individual
Title
__________________________________________
______________________________________
Signature
Date
6.
BID DOCUMENTS AND AGREEMENT
6.1
AGREEMENT
THIS AGREEMENT (“Agreement”) made this _____ day of _____________________, 2022, between the
Borough of Ship Bottom, a municipal corporation of the State of New Jersey, having its principal offices located at
1621 Long Beach Blvd, Ship Bottom, New Jersey, hereinafter referred to as "Borough," and
________________________ having its principal place of business at ________________________________
hereinafter referred to as "Contractor.”
That for and in consideration of the sum of ______________________________ DOLLARS (the amount
of the lowest responsible bid and awarded bid amount), Contractor agrees to furnish to the Borough services in
accordance with the contract documents hereinafter set forth.
That for and in consideration of the amount payable under this Agreement by the Borough, the Contractor
agrees, at its own proper cost and expense, and with due skill and diligence, it will provide the services in
accordance with the bid documents, contract documents, and applicable law in compliance with this Agreement.
Contractor agrees to receive as full compensation the amount stated herein, namely the amount of the
lowest responsible bid and awarded bid amount, for services provided to the Borough. Contractor shall be
responsible for all loss or damage arising out of the furnishing of the services aforesaid.
To prevent all disputes and litigation, it is agreed by and between the parties that the Borough shall in all
cases determine the quantity and quality of the goods delivered and paid for under this Agreement, and as to the
interpretation of the plans and specifications.
The contract documents shall consist of the following: (i) notice to bidders; (ii) bid specifications; (iii) all
forms required by and set forth in the bid checklist, required by the Borough, and provided by the bidder; (iii)
Contractor’s proposal (as accepted); (iv) all applicable New Jersey statutes and Administrative Code regulations; (v)
this Agreement; (vi) all addenda; and (vii) the award resolution.
The parties to this Agreement agree to incorporate into this Agreement the mandatory language of
subsection 3.4(a) of the regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and
supplemented from time to time and the Contractor or Subcontractor agrees to comply fully with the terms,
provisions, and obligations of said subsection 3.4(a) provided that said subsection shall be applied subject to the
terms of subsection 3.4(d) of said regulations.
The parties to this Contract agree to incorporate into this Contract the mandatory language of section 5.3 of
the regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented and the
Contractor or Subcontractor agrees to comply fully with the terms, provisions, and obligations of said section 5.3.
The Contractor shall execute the Affirmative Action Agreement and shall submit Affirmative Action Form
AA-201 Initial Project Manning Report and Affirmative Action Form AA-202 Monthly Manning Report prior to
any payments being made under this contract.
IN WITNESS WHEREOF the parties hereto have affixed their hands and seal on the day and year first
above written.
Witness:
BOROUGH OF SHIP BOTTOM
________________________________
By:
_____________________________________________
Witness:
CONTRACTOR
___________________________________
By:
_____________________________________________
6.2
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY / A-901 APPROVAL LETTER
SOLID WASTE UTILITY REGULATIONS
Name:
________________________________________________________
Complete Address:
________________________________________________________
________________________________________________________
________________________________________________________
Telephone Number
________________________________________________________
_________________________________
Certificate Number
Date
ATTACH AN ORIGINAL COPY OF CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
TOGETHER WITH AN ORIGINAL COPY OF A-901 APPROVAL LETTER.
6.3
STATEMENT OF BIDDER'S QUALIFICATIONS, EXPERIENCE, AND FINANCIAL ABILITY
AFFIDAVIT AND QUESTIONNAIRE
STATE OF NEW JERSEY
:
SOLID WASTE AND
:
SS.:
RECYCLABLE MATERIAL
COUNTY OF ____________________ :
COLLECTION SERVICE
I, ___________________________________, am the __________________________________________
(name of affiant)
____________________________________________________________________________________________
(relationship to bidder: owner, partner, president, or other officer)
of the ___________________________________________________________________ and being duly sworn, I
(name of bidder)
depose and say as follows.
1.
All of the answers set forth in the Questionnaire are true and each question is answered on the basis
of my personal knowledge.
2.
All of the answers given in the Questionnaire are given by me for the express purpose of inducing
the Borough of Ship Bottom to award to _________________________________________________ (name of
bidder) the contract for solid waste collection and recycling services in the event said bidder is the lowest
responsible bidder on the basis of the bid proposal which is submitted herewith.
3.
I understand and agree that the Borough will rely upon the information provided in the
Questionnaire in determining the lowest, responsible bidder to be awarded to the contract.
4.
I also understand and agree that the Borough may reject the bid proposal in the event that the
answer to any of the foregoing questions is false.
5.
I do hereby authorize the Borough, or any duly authorized representative thereof, to inquire about
or to investigate the answer to any question provided in the Questionnaire, and I further authorize any person or
organization that has knowledge of the facts supplied in such statement to furnish the Borough with any information
necessary to verify the answers given.
_____________________________________
________________________
Signature
Title
Subscribed and sworn to before me this
_____ day of _________________, 20____.
___________________________________
Notary Public of
My Commission expires on ________, 20____.
Note: A partnership must give firm name and signature of all partners. A corporation must give full corporate name
and signature of official, and the corporate seal affixed.
QUESTIONNAIRE
This questionnaire must be filled out and submitted with as part of the Bid Proposal for solid waste
collection and disposal for the Borough of Ship Bottom. Failure to complete this form or to provide any of the
information required herein shall result in rejection of the Bid Proposal.
Answers should be typewritten or printed neatly in black or blue ink. Answers must be legible. Any
answer that is illegible or unreadable will be considered incomplete. If additional space is required, the bidder shall
add additional sheets and identify clearly the question being answered.
1.
How many years has the bidder been in business as a Contractor under your present name?
2.
List any other names under which the bidder, its partners or officers have conducted business in the
past five years.
3.
Has the bidder failed to perform any contract awarded to it by the Borough of Ship Bottom under
its current or any past name in the past five years? If the answer is "Yes," state when, where and why. A complete
explanation is required.
4.
Has any officer or partner of the bidder's business ever failed to perform any contract that was
awarded to him/her as an individual by the Borough of Ship Bottom in the past five years?
If the answer is "Yes," state when, where and why. A complete explanation is required.
5.
List all public entity contracts which the bidder or its partners is now performing or for which
contracts have been signed, but work not begun. Give the name of the municipality or owner, the amount of the
contract and the number of years the contract covers.
6.
List the government solid waste collection and disposal services contract that the bidder has
completed within the last five years. Give detailed answers to questions below relating to this subject.
(a)
Name of contracting unit;
(b)
Approximate population of contracting unit;
(c)
Term of contract from to;
(d)
How were materials collected?
(e)
Give location of disposal site or sites and methods used in the disposal of solid waste;
(f)
Name and telephone number of Contract Administrator or some other official in charge of
collection and disposal.
7.
State all equipment owned by and/or available to the bidder for use in collection of the waste
described in the work specifications. Include the make of each vehicle, the year of manufacture, the capacity, years
of service, present condition and the type and size of the truck bodies.
8.
Where can this equipment described above be inspected?
9.
Identify all equipment that is not presently owned or leased by the bidder that will be necessary to
perform the services in accordance with the work specifications.
10.
Describe how you will obtain such equipment if you are awarded the contract. If such equipment is
to be leased, provide the name, address and phone number of the lessor. If the equipment is to be purchased,
provide the name, address and phone number of the seller.
11.
If the equipment to be leased or purchased is not located at the address(es) given above in answer 9,
identify where the equipment can be inspected.
12.
List the name and address of three credit or bank references.
13.
Supply the most recent Annual Report, as required to be filed with the Department of
Environmental Protection, and the financial statement or balance sheet of the bidder, certified by a certified public
accountant.
14.
Additional remarks.
6.4
ATTACHED BID GUARANTY
(TO BE SUPPLIED BY BIDDER)
6.5
STATEMENT OF OWNERSHIP
N.J.S.A. 52:25-24.2 (P.L. 1977, c.33)
DISCLOSURE CERTIFICATION
This Statement Shall Be Included with Bid Submission
No corporation, partnership, limited partnership, limited liability corporation, limited liability
partnership, Subchapter S corporation or sole proprietorship shall be awarded a contract for the performance of
any work or the furnishing of any materials or supplies, unless, prior to the receipt of the bid or accompanying
the bid of said corporation, partnership, limited partnership, limited liability corporation, limited liability
partnership, Subchapter S corporation or sole proprietorship, there is submitted a statement setting forth the
names and addresses of all stockholders who own ten (10) percent or more of the stock of any class, or of all
individual partners who own a ten (10) percent or greater interest therein. If one or more such stockholder 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 non-corporate 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 whether or not a stockholder or partner owns less than 10% of the business
submitting the bid.
The Attorney General has concluded that the provisions of N.J.S.A. 52:25-24.2, in referring to
corporations and partnerships, are intended to apply to all forms of corporations and partnerships, including, but
not limited to, limited partnerships, limited liability corporations, limited liability partnerships, and Subchapter S
corporations.
Bidders are required to disclose whether they are a partnership, corporation, or sole proprietorship. The
Stockholder Disclosure Certification form shall be completed, signed, and notarized. Failure of the bidder to
submit the required information is cause for automatic rejection of the bid.
Continued next page…
ATTACH STOCKHOLDER STATEMENT OF OWNERSHIP
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 blank 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 BELOW 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)
(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
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 Ship Bottom 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 Borough of Ship Bottom to notify the Borough of Ship Bottom 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 Ship Bottom to declare
any contract(s) resulting from this certification void and unenforceable.
Full Name (Print):
Title:
Signature:
Date:
6.6
CERTIFICATION
Authorized Business Agent
AUTHORITY TO SUBMIT BID ON BEHALF OF THE BUSINESS ORGANIZATION
I, _________________________________, certify that I am the ______________________________________
(name)
(title)
of the Corporation, Limited Liability Corporation, Partnership, or Sole Proprietorship and named as Principal in
the within
bid; and I certify that _______________________________________, who signed the bid on behalf of the
(name)
Principal was then the_________________________________________________ of said corporation, that I
(title)
know his or her signature and his/ her signature thereto is genuine; and that said bid was duly signed, sealed, and
attested to for and on behalf of said Business Organization by authority of the Owner(s) / Managing Member(s).
_____________________
Date
_____________________
Corporate Seal
Name: _________________________________
Signature
Name: _________________________________
Printed
Title: __________________________________
Business Organization Name:
___________________________________________________________________________
6.7
NON-COLLUSION AFFIDAVIT
STATE OF NEW JERSEY
:
SS:
COUNTY OF ________________
:
I, (Name)____________________________________, of the municipality of ___________________________
in the county of ______________________ in the State of ___________________________, of full age, being
duly sworn according to law on my oath depose and say I am (Title)_____________________________ of the
firm of (Name of Firm)____________________________________, the bidder making the Proposal for the
above-named project, and that I exercise 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
Borough of Ship Bottom 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 established commercial or selling agencies maintained by _______________________________________
___________________________________________ (Name of Contractor) (N.J.S.A. 52:34-15).
Name: _______________________________
Title____________________
Signature
Name: ________________________________
Printed
Notary
Subscribed and sworn to before me
This _________ day of _____________________, 2012
Notary: ___________________________________________
My commission expires: ______________________________
6.8
CONSENT OF SURETY
A performance bond will be required the successful Contractor on this project, and consequently, all
bidders shall submit, with their bid, a consent of surety in substantially the following form:
To:
_________________________________________________
(Owner)
Re:
_________________________________________________
(Contractor)
__________________________________________________________________________________________
(Project Description)
This is to certify that the ______________________________________________________________________
(Surety Company)
will provide to _________________________________________ a performance bond in the full amount of the
(Owner)
Awarded contract in the event that said Contractor is awarded a contract for the above project.
__________________________________________________________
(CONTRACTOR)
___________________________________________________________
(Authorized Agent of Surety Company)
Date:________________________
CONSENT OF SURETY MUST BE SIGNED BY AN AUTHORIZED AGENT OR REPRESENTATIVE
OF A SURETY COMPANY AND NOT BY THE INDIVIDUAL OR COMPANY REPRESENTATIVE
SUBMITTING THE BID.
6.9
DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
Project: _____________________________ Proposer/Bidder
Name:_________________________________________
Pursuant to Public Law 2012, c. 25, any person or entity that submits a bid or proposal or otherwise proposes to
enter into or renew a contract must complete the certification below to attest, under penalty of perjury, that the
person or entity, or one of the person or entity’s parents, subsidiaries, or affiliates, is not identified on a list
created and maintained by the New Jersey Department of the Treasury as a person or entity engaging in
investment activities in Iran. If the Director finds a person or entity to be in violation of the principles which are
the subject of this law, she/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 person or entity.
I certify, pursuant to Public Law 2012, c. 25, that the person or entity listed above for which I am
authorized to submit a proposal:
_____ is not providing goods or services of $20,000,000 or more in the energy sector of Iran, including a
person or entity that provides oil or liquefied natural gas tankers, or products used to construct or
maintain pipelines used to transport oil or liquefied natural gas, for the energy sector of Iran.
And
_____ is not a financial institution that extends $20,000,000 or more in credit to another person or entity, for
45 days or more, if that person or entity will use the credit to provide goods or services in the energy
sector in Iran.
In the event that a person or entity is unable to make the above certification because it, or one of its
parents, subsidiaries, or affiliates has engaged in the above-referenced activities, a detailed, accurate and
precise description of the activities must be provided in Part 2 below to the New Jersey Turnpike
authority under penalty of perjury. Failure to provide such will result in the proposal being rendered as
non-responsive and appropriate penalties, fines and/or sanctions will be assessed as provided by law.
PART 2: PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN
IRAN
You must provide a detailed, accurate and precise description of the activities of the proposer/bidder, or
one of its parents, subsidiaries or affiliates, engaging in the investment activities in Iran outlined above by
completing the information below.
Name: ______________________________ Relationship to Proposer: ________________________
Description of Activities: _____________________________________________________________
Duration of Engagement: _____________________ Anticipated Cessation Date: ________________
Proposer Contact Name: _________________________ Contact Phone Number: _______________
Certification: I, being duly sworn upon my oath, hereby represent and state that the foregoing
information and any attachments thereto, to the best of my knowledge, are true and complete. I attest
that I am authorized to execute this certification on behalf of the above-referenced person or entity. I
acknowledge that Borough of Ship Bottom is relying on the information contained herein and thereby
acknowledge that I am under a continuing obligation from the date of this certification through the
completion of any contracts with the Borough to notify the Borough in writing of any changes to the
answers of information contained herein. I acknowledge 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 recognize that I am
subject to criminal prosecution under the law and that it will also constitute a material breach of my
agreement(s) with the Borough of Ship Bottom and that the Borough, at its option, may declare any
contract(s) resulting from this certification void and unenforceable.
Full Name (Print): __________________________________________________________________
Signature: ________________________________________________________________________
Title: _______________________________________________ Date: _____________________
6.10
PERFORMANCE BOND
“Know all men by these presents, that we, the undersigned as principal and as sureties, are hereby held and firmly
bound unto in the penal sum of dollars, for the payment of which well and truly to be made, we hereby jointly and
severally bind ourselves, our heirs, executors, administrators, successors and assigns.
“Signed this __________ day of _______________, 2022
“The condition of the above obligation is such that whereas, the above-named principal did on the __________ day
of _______________ 2022 enter into a contract with, which said contract is made a part of this the bond the same as
though set forth herein;
“Now, if the said ______________________________ shall well and faithfully do and perform the things agreed by
______________________________ to be done and performed according to the terms of said contract, and shall
pay all lawful claims of beneficiaries as defined by N.J.S. 2A::44-143 for labor performed or materials, provisions,
provender or other supplies or teams, fuels, oils, implements or machinery furnished, used or consumed in the
carryforward, performing or completing of said contract, we agreeing and assenting that this undertaking shall be for
the benefit of any beneficiary as defined in N.J.S. 2A:44-143 having a just claim, as well as for the oblige herein;
then this obligation shall be void; otherwise the same shall remain in full force and effect; it being expressly
understood and agreed that the liability of the surety for any and all claims hereunder shall in no event exceed the
penal amount of this obligation as herein stated. “The said surety hereby stipulates and agrees that no modification,
omissions or additions in or to the terms of the said contract or in or to the plans or specifications therefor shall in
anywise affect the obligation of said surety on its bond.”
Recovery of any claimant under the bond shall be subject to the condition and provisions of this article to the same
extent as if such conditions and provisions were fully incorporated in the form set forth above.
Signed, sealed, and dated this ____________ day of __________________ 2022
ATTEST: CONTRACTOR
____________________________________ _______________________________________
Witness Principal
____________________________________ _______________________________________
Witness Surety
NOW, THEREFORE, if the PRINCIPAL shall well, truly and faithfully perform its duties, all the undertakings,
covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions
thereof which may be granted by the OWNER, with or without notice to the SURETY and during the one year
guaranty period and if the PRINCIPAL shall satisfy all claims and demands incurred under such contract, and shall
fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure
to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in
making good any default, then this obligation shall be void, otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said security, for value received hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the
SPECIFICATIONS accompanying same shall in any way affect its obligation on this BOND, and it does hereby
waive any notice of any such change, extension of time, alteration or addition to the terms of the contract of to the
WORK or to the SPECIFICATIONS.
PROVIDED, FURTHER, that if the OWNER and the PRINCIPAL agree to arbitration, then the SURETY shall
become a party thereto and be bound by the results of the arbitration.
PROVIDED, FURTHER, that no final settlement between the OWNER and the PRINCIPAL shall abridge the right
of the other beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in ______________________________
(number)
counterparts, each one of which shall be deemed an original, this the _____ day of __________________, 2022.
ATTEST:
__________________________
By:___________________________
(SEAL)
__________________________
_______________________________
(Witness as to Principal)
(Address)
6.11
SURETY DISCLOSURE STATEMENT AND CERTIFICATION
___________________________, surety(ies) on the attached bond, hereby certify(ies) the following:
1.
The surety meets the applicable capital and surplus requirements of R.S. 17:17-6 or R.S. 17:17-7 as
of the surety's most current annual filing with the New Jersey Department of Insurance.
2.
The capital (where applicable) and surplus, as determined in accordance with the applicable laws of
this State, of the surety(ies) participating in the issuance of the attached bond is (are) in the following amount(s) as
of the calendar year ended December 31, 2022 (most recent calendar year for which capital and surplus amounts are
available), which amounts have been certified as indicated by certified public accountants (indicating separately for
each surety that surety's capital and surplus amounts, together with the name and address of the firm of certified
public accounts that shall have certified those amounts):
__________________________________________________________________
__________________________________________________________________
3.
(a)
With respect to each surety participating in the issuance of the attached bond that has
received from the United States Secretary of the Treasury a certificate of authority pursuant to 31 U.S.C. §9305, the
underwriting limitation established therein and the date as of which that limitation was effective is as follows
(indicating for each such surety that surety's underwriting limitation and the effective date thereof):
__________________________________________________________________
_________________________________________________________________
(b)
With respect to each surety participating in the issuance of the attached bond that has not
received such a certificate of authority from the United States Secretary of the Treasury, the underwriting limitation
of that surety as established pursuant to R.S. 17:18-9 as of (date on which such limitation was so established) is as
follows (indicating for each such surety that surety's underwriting limitation and the date on which that limitation
was established):
__________________________________________________________________
__________________________________________________________________
4.
The amount of the bond to which this statement and certification is attached is
$________________.
5.
If, by virtue or one or more contracts of reinsurance, the amount of the bond indicated under item
(4) above exceeds the total underwriting limitation of all sureties on the bond as set forth in items (3)(a) or (3)(b)
above, or both, then for each such contract of reinsurance:
(a)
The name and address of such reinsurer under that contract and the amount of that
reinsurer's participation in the contract is as follows:
(b)
__________________________________________________________________
__________________________________________________________________
______________________________________________________________; and
(b)
Each surety that is party to any such contract of reinsurance certifies that each reinsurer
listed under item (5)(a) satisfies the credit for reinsurance requirement established under P.L. 1993, c. 243
(C.17:51B-1 et seq.) and any applicable regulations in effect as of the date on which the bond to which this
statement and certification is attached shall have been filed with the appropriate public agency.
CERTIFICATION
(to be completed by an authorized certifying agent for each surety on the bond)
I,_____________________________________, as _________________________________,
(name of agent)
(title of agent)
for ______________________________________, a corporation/mutual insurance
(name of surety)
company/other
(indicating
type
of
business
organization
(circle
one)
domiciled
in
___________________________________,
(state of domicile)
DO HEREBY CERTIFY that, to the best of my knowledge, the foregoing statements made by me are true, and
ACKNOWLEDGE that, if any of those statements are false, this bond is VOIDABLE.
_______________________________
(signature of certifying agent)
_______________________________
(printed name)
_______________________________
(title of certifying agent)
6.12
VEHICLE DEDICATION AFFIDAVIT
AFFIDAVIT
STATE OF NEW JERSEY
:
SS.
COUNTY OF _________
:
I, ___________________________________________, am the
(name of affiant)
__________________________________________________________________
(identify relationship to bidder: owner, partner, president, or other corporate officer)
of the _______________________________, and being duly sworn, I
(name of bidder)
depose and say:
All statements contained in this affidavit are true and correct and made with full knowledge that the State of
New Jersey and the Borough of Ship Bottom rely upon the truth of the statements contained in this affidavit and in
said Bid Proposal in signing the Contract for the said project.
At all times during the performance of the collection contract, I agree to commit, for use only in the
Borough of Ship Bottom, the number of collection vehicles reasonably calculated to ensure safe, adequate and
proper service. I further warrant that in the event that dedication of vehicles for use only in the Borough of Ship
Bottom is not feasible, that the Borough of Ship Bottom will not be responsible for disposal costs for waste
generated outside the Borough of Ship Bottom.
I also understand and agree that failure to comply with the representations contained herein shall be cause
for breach of contract and will entitle the Borough of Ship Bottom to damages arising therefrom.
_______________________________
__________________________
Name of Firm or Individual
Title
_______________________________
__________________________
Signature
Date
Subscribed and sworn to before me this
____ day of __________________, 20__.
_____________________________________
Notary Public of
My Commission expires ____________, 20__.
6.13
CERTIFICATE OF INSURANCE
Form to be provided by insurance carrier, in accordance with the requirements of these specifications,
subject to approval as to form by the Borough Attorney.
6.14
AMERICANS WITH DISABILITIES ACT OF 1990
Equal Opportunity for Individuals with Disability
The Contractor and the Borough of Ship Bottom ("owner") do hereby agree that the provisions of Title 11 of
the Americans With Disabilities Act of 1990 (the "Act") (42 U.S.C. 5121 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.
6.15
NOTICE
TO ALL PUBLIC WORKS EMPLOYERS
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. Please be advised that the Act requires that all public
works employers shall submit a certified payroll record to the public body, or lessor, that contracted for the
public work project, each payroll period within ten (10) days of the payment of wages. The public body shall
receive, file and make available for inspection, during normal business hours, the certified payroll records. In the
event it is found that any worker, employed by the Contractor or any Subcontractor has been paid a rate of
wages less than the prevailing wage required to be paid, the owner may terminate the Contractor's or
subcontractor's right to proceed with the work, or such part of the work as to which there has been a failure to
pay required wages and prosecute the work to completion. A copy of the certified payroll form may be obtained
by contacting the New Jersey Department of Labor, Division of Workplace Standards, Public Contracts Section,
CN 389, Trenton, NJ 08625-0389, telephone 609-292-2259.
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
http://lwd.dol.state.nj.us/labor/wagehour/wagerate/pwr_construction.htm
6.16
ACKNOWLEDGMENT OF RECEIPT OF NOTICES, REVISIONS, OR ADDENDA
Pursuant to Local Public Contracts Law 40A:11-23 the Contractor/bidder shall acknowledge by
signature the following:
ADDENDUM #1 dated _____________________________
ADDENDUM#2 dated _____________________________
ADDENDUM #3 dated _____________________________
Bidder's Signature ________________________________________
Bidder’s Printed Name: _____________________________________
Company Name: __________________________________________
6.17
AFFIRMATIVE ACTION AFFIDAVIT
STATE OF NEW JERSEY
:
SS.
COUNTY OF
:
SOLID WASTE AND RECYCLABLE MATERIAL
COLLECTION SERVICES
I, _______________________, of the municipality of __________________________, in the State of
(name of affiant)
__________________________, being of full age and duly sworn according to law, on my oath, depose and say
that:
I am employed by the firm of ________________________, the bidder submitting the bid proposal for the
(name of bidder)
above-named project, in the capacity of _______________________, and I have executed the bid proposal with the
(title of affiant)
full authority to do so. Further, the bidder will comply with the provisions of Public Law 1975, Chapter 127, and
shall require all subcontractors to comply with the provisions of Public Law 1975, Chapter 127.
_____________________________
__________________________
Name of Firm or Individual
Title
_____________________________
__________________________
Signature
Date
Subscribed and sworn to before me
this ____ day of _________________, 20___.
_________________________________
Notary Public of
My Commission expires _________, 20____.
Attachment
AFFIRMATIVE ACTION AFFIDAVIT
PROCUREMENT AND SERVICE CONTRACT - MANDATORY LANGUAGE
During the performance of a contract, the Contractor agrees as follows:
A.
The Contractor or subcontractor, where applicable, will not discriminate against any employee or
applicant for employment because of age, race, creed, color, national origin, marital status or sex.
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 or sex. Such action shall include, but not be
limited to the following: employment, upgrading, demotion or transfer; 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 Equal Employment Opportunity Officer setting forth provisions of
this nondiscrimination clause.
B.
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, sex, affectional or sexual orientation.
C.
The Contractor or subcontractor, where applicable, will send to each labor union or representative
of workers with which is 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 action 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 the regulations
promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from
time to time and the Americans with Disabilities Act.
E.
The Contractor or Subcontractor agrees to attempt in good faith to employ minority and female
workers consistent with the applicable county employment goals prescribed by N.J.A.C. 17:27-5.2
promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from
time to time or in accordance with a binding determination of the applicable county employment
goals determined by the Affirmative Action Office pursuant to N.J.A.C. 17:27-5.2 of the
regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and
supplemented from time to time.
F.
The Contractor or Subcontractor agrees to inform in writing appropriate recruitment agencies,
including employment agencies, placement bureaus, colleges, universities, and labor unions that it
does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, sex,
affectional or sexual orientation, 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 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.
H.
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, sex, affectional or sexual orientation, and conform with the
applicable employment goals consistent with the statutes and court decisions of the State of New
Jersey, and applicable Federal law and applicable Federal court decisions.
I.
The Contractor or its subcontractors shall furnish such reports or other documents to the
Affirmative Action Office 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 Affirmative Action Office for conducting a compliance investigation pursuant to
Subchapter 10 of the Administrative Code (N.J.A.C. 17:27).
Provisions D, E, F, G or H not required for subcontractors with four (4) or fewer employees or a Contractor who has
presented evidence of a federally approved or sanctioned Affirmative Action Program.
Company
______________________________ Title________________________
Signature
______________________________ Date_________________________
6.18
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, domestic partner or civil union
status, affectional or sexual orientation, gender identity or expression, disability, nationality, sex, pregnancy
(including recovery from childbirth), atypical hereditary cellular or blood trait, genetic information, veteran
status or liability for military service, or association with a person who is a member of a protected class as
recognized by law. Except with respect to affectional or sexual orientation, gender identity or expression,
atypical hereditary cellular or blood trait, genetic information or liability for military service, 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, domestic
partner or civil union status, affectional or sexual orientation, gender identity or expression, disability,
nationality, sex, pregnancy (including recovery from childbirth), atypical hereditary cellular or blood trait,
genetic information, veteran status or liability for military service, or association with a person who is a member
of a protected class as recognized by law. Such action 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 for the 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, domestic partner or civil
union status, affectional or sexual orientation, gender identity or expression, disability, nationality, sex,
pregnancy (including recovery from childbirth), atypical hereditary cellular or blood trait, genetic information,
veteran status or liability for military service, or association with a person who is a member of a protected class
as recognized by law.
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.
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 employ minority and women workers
consistent with the applicable county employment goals established in accordance with N.J.A.C. I7:27-5.2 or a
binding determination of the applicable county employment goals determined by the Division, pursuant to
N.J.A.C. I7:27-5.2.
The Contractor or Subcontractor agrees to inform in writing 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 to age, race, creed, color, national origin, ancestry, marital, domestic partner or civil
union status, affectional or sexual orientation, gender identity or expression, disability, nationality, sex,
pregnancy (including recovery from childbirth), atypical hereditary cellular or blood trait, genetic information,
veteran status or liability for military service, or association with a person who is a member of a protected class
as recognized by law, and that it will discontinue to use any recruitment agency which engages in direct or
indirect discriminatory practices.
The Contractor or Subcontractor agrees as may be applicable 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 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, race, creed, color, national origin, ancestry, marital, domestic partner or civil union status,
affectional or sexual orientation, gender identity or expression, disability, nationality, sex, pregnancy (including
recovery from childbirth), atypical hereditary cellular or blood trait, genetic information, veteran status or
liability for military service, or association with a person who is a member of a protected class as recognized by
law, 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 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
The Contractor and its subcontractors shall furnish such reports or other documents to the Div. of Contract
Compliance & EEO/AA 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 Div. of
Contract Compliance & EEO/AA for conducting a compliance investigation pursuant to Subchapter 10 of the
Administrative Code at N.J.A.C. 17:27.
Company: _____________________________________________________
Date: _____________________
6.19
ATTACH NEW JERSEY BUSINESS REGISTRATION CERTIFICATE
CERTIFICATE BUSINESS REGISTRATION
(P.L. 2004, c.57)
(N.J.S.A. 52:32-44)
PROOF OF BUSINESS REGISTRATION
All business organizations that do business (i.e., compete for or enter into a contract) with a State,
County or Local Contracting Agency are required to be registered with the State and provide proof of their
registration to the contracting agency. Proof of valid business registration shall be in the form of a Business
Registration Certificate issued by the Department of the Treasury, Division of Revenue. Information on how a
business can obtain a certificate is located on the Internet at www.nj.gov/njbgs or by telephone at 609-292-1730.
The purpose of the registration is to ensure that all businesses and their subsidiaries receiving government
contracts pay appropriate sales, use, and other taxes. A Contractor and its subcontractor(s) must collect and
remit to the Division of Taxation the use tax pursuant to the Sales & Use Tax Act on all sales of tangible
personal property delivered into this State. Notice of these requirements must be provided in bid specifications,
requests for proposals and any other documents notifying potential Contractors of procurement opportunities.
Business registration is required for any contract in excess of $6,000 (15% of $40,000) for
municipalities with Qualified Purchasing Agents.
A contracting agency shall not enter into a contract with a business organization unless it has received
proof of the business registration at the time of the bid or the proposal submission, in response to a request for
bids or proposals. For all other transactions, the proof of business registration must be received prior to the
issuance of a purchase order or other contracting document.
All public Contractors submitting bids for public work must submit a copy of their proof of business
registration with their bids. Bidders must also obtain and submit proof of registration from those subcontractors
at all levels (tiers) if the specifications require the Subcontractor to be listed or named in the bidder’s
submission. Proof of valid business registration must be provided by the bidders and their named subcontractors
at all levels (tiers) at the time the bid or proposal is officially received and opened by the contracting agency if
required by the specifications. Failure to submit proof of registration is considered a mandatory rejection of bids
and is non-waivable by the contracting agency.
The Contractor shall provide written notice to its Subcontractor and suppliers of the responsibility to
submit proof of business registration to the Contractor. The requirement of proof extends down through all
levels (tiers) of the project. After the award of a project, the Contractor has the obligation to obtain proof of
registration from each Subcontractor or a supplier on the project (in addition to those listed or named in the bid
submission) and file proof of their business registration with the contracting agency prior to receiving final
payment.
If there are no subcontractors on a project, the Contractor must certify to that effect.
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) 292-1730.
-----Attach Certificate-----
6.20
BID PROPOSAL
Proposal for Garbage and Recyclable Collection beginning January 1, 2023.
[Name of the Contracting Unit]:
I or We ___________________________________, of ________________________________________
______________________________________________________________, hereby agree to provide complete
(complete address)
hereby agree to provide complete listed on the Proposal Sheets.
COMPANY SUBMITTING BID ______________________________________________
NAME OF PERSON SUBMITTING BID _______________________________________
SIGNATURE OF PERSON SUBMITTING BID __________________________________
TITLE OF PERSON SUBMITTING BID ________________________________________
DATE _________________
Note:
Bidders are required to sign all Option/Alternate Proposal sheets submitted.
6.21
PLEASE EXECUTE THIS FORM & SUBMIT WITH THE BID PROPOSAL PACKAGE
Borough of Ship Bottom
Department of Finance
Purchasing Division
Ocean County
Ship Bottom, NJ
5A
Municipal Solid Waste Collection & Disposal Services
Bid Proposal Form
Borough Purchasing Agent
Borough of Ship Bottom
C/o The Borough Clerk's Office
Borough Hall
1621 Long Beach Blvd.
Ship Bottom, NJ 08008
In accordance with your notice to bidders, the bid proposal, general instructions, stated terms, conditions
and specifications, we wish to quote the following for the indicated service:
Description of Service
Base Bid Items - Boroughwide Collection & Disposal of Recycled Material – Single Steam Collection
Item
Description/Length of Contractual Service Annual Cost
_________
5A-1
Five (05) Year Contract
Boroughwide Collection & Disposal of Municipal Solid Waste
Start Date: January 1, 2023
Completion Date: December 31, 2027
Submit Bid for Year One $______________
(January 1, 2023 – December 31, 2023)
Submit Bid for Year Two $______________
(January 1, 2024 – December 31, 2024)
Submit Bid for Year Three $______________
(January 1, 2025 – December 31, 2025)
Submit Bid for Year Four $______________
(January 1, 2026 – December 31, 2026)
Submit Bid for Year Five $______________
(January 1, 2027 – December 31, 2027)
5A-2
Three (03) Year Contract
Boroughwide Collection & Disposal of Municipal Solid Waste
with the use traditional recycling containers.
Start Date: January 1, 2023
Completion Date: December 31, 2025
Submit Bid for Year One $______________
(January 1, 2023 – December 31, 2023)
Submit Bid for Year Two $______________
(January 1, 2024 – December 31, 2024)
Submit Bid for Year Three $______________
(January 1, 2025 – December 31, 2025)
_______________________________________
_____________________________________
(Name of the Individual Preparing Proposal)
(Signature of the Individual)
PLEASE EXECUTE THIS FORM & SUBMIT WITH THE BID PROPOSAL PACKAGE
Borough of Ship Bottom
Department of Administration
Purchasing Division
Ocean County
Ship Bottom, NJ
5B
Collection & Disposal of Recycling Materials
Bid Proposal Form
Borough Purchasing Agent
Borough of Ship Bottom
C/o The Borough Clerk's Office
Borough Hall
1621 Long Beach Blvd.
Ship Bottom, NJ 08008
In accordance with your notice to bidders, the bid proposal, general instructions, stated terms, conditions
and specifications, we wish to quote the following for the indicated service:
Description of Service
Base Bid Items - Boroughwide Collection & Disposal of Recycled Material – Single Steam Collection
Item
Description/Length of Contractual Service Annual Cost
_________
5B-1
Five (05) Year Contract
Boroughwide Collection & Disposal of Single Stream Recycled Materials
with the use traditional recycling containers.
Start Date: January 1, 2023
Completion Date: December 31, 2027
Submit Bid for Year One $______________
(January 1, 2023 – December 31, 2023)
Submit Bid for Year Two $______________
(January 1, 2024 – December 31, 2024)
Submit Bid for Year Three $______________
(January 1, 2025 – December 31, 2025)
Submit Bid for Year Four $______________
(January 1, 2026 – December 31, 2026)
Submit Bid for Year Five $______________
(January 1, 2027 – December 31, 2027)
5B-2
Three (03) Year Contract
Boroughwide Collection & Disposal of Single Stream Recycled Materials
with the use traditional recycling containers.
Start Date: January 1, 2023
Completion Date: December 31, 2025
Submit Bid for Year One $______________
(January 1, 2023 – December 31, 2023)
Submit Bid for Year Two $______________
(January 1, 2024 – December 31, 2024)
Submit Bid for Year Three $______________
(January 1, 2025 – December 31, 2025)
_______________________________________
_____________________________________
(Name of the Individual Preparing Proposal)
(Signature of the Individual)
PLEASE EXECUTE THIS FORM & SUBMIT WITH THE BID PROPOSAL PACKAGE
Borough of Ship Bottom
Department of Finance
Purchasing Division
Ocean County
Ship Bottom, NJ
5C (5A & 5B)
Municipal Solid Waste Collection and Recycling Collection and Disposal Services
Bid Proposal Form
Borough Purchasing Agent
Borough of Ship Bottom
C/o The Borough Clerk's Office
Borough Hall
1621 Long Beach Blvd.
Ship Bottom, NJ 08008
In accordance with your notice to bidders, the bid proposal, general instructions, stated terms, conditions
and specifications, we wish to quote the following for the indicated service:
Description of Service
Base Bid Items - Boroughwide Collection & Disposal of Recycled Material – Single Steam Collection
Item
Description/Length of Contractual Service Annual Cost
_________
5C-1
Five (05) Year Contract
Boroughwide Collection & Disposal of Municipal Solid Waste and Recycling
Start Date: January 1, 2023
Completion Date: December 31, 2027
Submit Bid for Year One $______________
(January 1, 2023 – December 31, 2023)
Submit Bid for Year Two $______________
(January 1, 2024 – December 31, 2024)
Submit Bid for Year Three $______________
(January 1, 2025 – December 31, 2025)
Submit Bid for Year Four $______________
(January 1, 2026 – December 31, 2026)
Submit Bid for Year Five $______________
(January 1, 2027 – December 31, 2027)
5C-2
Three (03) Year Contract
Boroughwide Collection & Disposal of Municipal Solid Waste and Recycling
with the use traditional recycling containers.
Start Date: January 1, 2023
Completion Date: December 31, 2025
Submit Bid for Year One $______________
(January 1, 2023 – December 31, 2023)
Submit Bid for Year Two $______________
(January 1, 2024 – December 31, 2024)
Submit Bid for Year Three $______________
(January 1, 2025 – December 31, 2025)
_______________________________________
_____________________________________
(Name of the Individual Preparing Proposal)
(Signature of the Individual)
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performance bond
Evidence Detected
"...For the terms of the contract, the successful bidder shall provide a performance bond issued by a Surety authorized to transact business in the State of New Jersey in an amount equal to no more than 100% of the annual value of the contract...."
liquidated damages
Evidence Detected
"...the Contractor shall pay to the Borough as liquidated damages and not as a penalty, in all cases where the Borough shall elect to accept said liquidated damages in lieu of actual damages, the following sums for the following acts...."
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Last Info Update
Apr 2, 2026
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