SPECIFICATIONS AND BID MATERIALS FOR

Transcription

1 SPECIFICATIONS AND BID MATERIALS FOR CONTRACT FOR RESIDENTIAL, COMMERCIAL, MUNICIPAL & INSTITUTIONAL SOLID WASTE & RECYCLABLE MATERIALS COLLECTION SERVICE CITY OF NORTH WILDWOOD CAPE MAY COUNTY NEW JERSEY MAYOR AND COUNCIL FOR ADDITIONAL INFORMATION CONTACT: Kevin Yecco, City Administrator North Wildwood City Hall 901 Atlantic Ave. North Wildwood, NJ (609)

2 TABLE OF CONTENTS SECTIONS DOCUMENT PAGE Notice to Bidders... NB Uniform Bid Specifications... UBS Certificate of Public Convenience and Necessity/A-901 Approval Letter... PC Statement of Bidders Qualifications, Experience and Financial Ability... BE Bid Guaranty... BB Stockholder Statement of Ownership... SO Non-Collusion Affidavit... NCA Consent of Surety... SU Bid Form... P Contract... CON Performance Bond... PB Vehicle Dedication Affidavit... VID Affirmative Action Affidavit... AA Disclosure of Investment Activities in Iran... IA-1 ATTACHMENTS 1. Procurement and Service Contract Mandatory Language... A Municipal Data... A City of North Wildwood Tax Map... A Code of the City of North Wildwood, Chapter 374,Solid Waste... A4-1 - i -

3 NOTICE TO BIDDERS CITY OF NORTH WILDWOOD 901 Atlantic Avenue North Wildwood, New Jersey (609) PLEASE TAKE NOTICE that sealed bids will be received by the City Clerk of the City of North Wildwood, opened and publicly read in the Council Chambers, City Hall, 901 Atlantic Avenue, North Wildwood, New Jersey on Wednesday, September 19, 2018 at 10:00 a.m., prevailing time. The bids are for a contract with the City of North Wildwood for residential, commercial, municipal and institutional solid waste and recycling materials collection service. Specifications and forms of bids and all other bidding documents for the proposed contract are available via or at the Office of the City Clerk at the address listed hereinabove and may be inspected/obtained by prospective bidders during regular business hours. Bids must be made on forms provided by the City of North Wildwood in the manner designated therein and required by the specifications and must be enclosed in a sealed envelope, bearing the name and address of the bidder and name of the contract on the outside, addressed as follows: City Clerk, City of North Wildwood, 901 Atlantic Avenue, North Wildwood, NJ No bidder may withdraw his, her or its bid within sixty (60) days after the actual date of the opening thereof. Bidders are required to submit a New Jersey Business Registration Certificate pursuant to the requirements of N.J.S.A. 52: Bidders are required to comply with the requirements of the Public Law, 1975, C.127 N.J.S.A. 34:11-56, 25 et. seq. as amended in Chapter 64 of the Laws of 1974 and P.L Ch. 33, N.J.S.A. 52: which requires bidders to submit an ownership disclosure statement setting forth the names and addresses of all stockholders in the corporation or partnership who owns 10% or more of its stock, of any class, or of all individual partners in the partnership who own 10% or greater interest therein, as the case may be. Failure of a bidder to submit an ownership disclosure statement on the form provided by the City of North Wildwood shall result in rejection of the bid. Bidders are required to comply with the requirements of N.J.S.A. 10:5-31, et. seq. and N.J.A.C. 17:27 (Contract Compliance and Affirmative Action for Public Contracts). The statutory and regulatory language of those statutes and administrative regulations are incorporated into the specifications and the contract with the successful bidder by reference. Prospective bidders are required to comply with the requirements of N.J.S.A. 19:44A Business entities are advised of their responsibility to file an annual disclosure statement of political contributions with the New Jersey Election Law Enforcement Commission (ELEC), if they receive contracts in excess of $50,000 from public entities in a calendar year. Business entities are responsible for determining if filing is necessary. Additional information on this requirement is available from ELEC at or at The successful bidder shall be required to comply with the provisions of the New Jersey Prevailing Wage Act. NB-1

4 The successful bidder shall be the responsible bidder complying with the specifications and bid documents and who shall bid the lowest price. City Council reserves the right to reject any and all bids or to waive any irregularities or informalities as may be permitted by law. BY ORDER OF THE MAYOR AND COUNCIL Dated: W. Scott Jett, City Clerk NB-2

5 CITY OF NORTH WILDWOOD UNIFORM BID SPECIFICATIONS RESIDENTIAL, COMMERCIAL, MUNICIPAL & INSTITUTIONAL SOLID WASTE AND RECYCLABLE MATERIALS COLLECTION SERVICE 1. INSTRUCTIONS TO BIDDERS 1.1 THE BID The City of North Wildwood is soliciting bid proposals from solid waste collectors interested in providing residential, commercial, municipal and institutional solid waste and recyclables collection and disposal services for a period to commence on January 1, 2019, in accordance with the terms of these Bid Specifications and N.J.A.C. 7:26H-6.1 et. seq. 1.2 CHANGES TO THE BID SPECIFICATIONS Notice of revisions or addenda to advertisements or bid documents relating to bids will be published, no later than five days, Saturdays, Sundays and holidays excepted, prior to the date for acceptance of bids, in the Cape May County Herald and in the Atlantic City Press and Newark Star Ledger. 1.3 BID OPENING All bids will be publicly opened and read aloud by the City Clerk in the Council Chambers, City Hall, 901 Atlantic Avenue, North Wildwood, New Jersey. Bids must be delivered by hand or by mail to the City Clerk no later than Wednesday, September 19, 2018 at 10:00 a.m. All bids will be date and time stamped upon receipt. Bidder is solely responsible for the timely delivery of the bid and no bids shall be considered which are presented after the public call for receiving bids. Any bid received after the date and time specified will be returned, unopened, to the bidder. 1.4 DOCUMENTS TO BE SUBMITTED The following documents 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; 2. Completed 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, not to exceed $20,000; payable to the The City of North Wildwood; 4. Completed Non-Collusion Affidavit; 5. Completed Stockholder Statement of Ownership; UBS-1

6 6. Certificate of Surety; and 7. Completed Bid Form. 8. New Jersey Business Registration Certificate as required by N.J.S.A 52: New Jersey Affirmative Action Evidence 10. Disclosure of Investment Activities in Iran. 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 Bid and "Bid proposal" may be used interchangeably and mean all documents, proposal forms, affidavits, certificates and 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 residential, commercial, municipal and institutional solid waste collection services contained herein. "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 promissory document 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 of a contracting unit 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 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 exercises 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. "Designated collected recyclable material" means newspaper, office paper, magazines, junk mail, glass bottles (whether green, brown or clear), plastic bottles with a UBS-2

7 #1 or #2 on the bottom, steel, tin or aluminum cans and corrugated boxes and cardboard, other than beverage containers. "Designated collected solid waste" means solid waste types 10, 13 (including 13WG, but not 13SR), 23 and 27. Designated collected 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 Cape May County Solid Waste Management Plan for use by the City of North Wildwood as follows: The Cape May County Municipal Utilities Authority on Kearney Avenue in Woodbine, New Jersey or at the Transfer Station located on Shunpike Road in Burleigh, New Jersey. The City of North Wildwood reserves the right to designate another disposal facility in accordance with the Cape May County Solid Waste Management Plan and/or any waste flow orders or in the event that the designated disposal facilities are unable to accept the City s waste. "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. "Holiday" means a regularly scheduled collection day on which the authorized Disposal Facilities are closed, including: New Year s Day Martin Luther King Day President s Day Veteran s Day Thanksgiving Day Christmas Day In the event that any of the foregoing fall on a Saturday or Sunday, then the holiday is deemed to mean the weekday, if any, that the disposal facility is closed as a result of the holiday falling on a Saturday or Sunday, as the case may be. "Legal newspaper" means the Cape May County Herald and/or The Atlantic City Press. "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. "Service Area" means the geographic area described below. The service area(s) is(are) as follows: The City of North Wildwood as shown on the Tax Map of the City of North Wildwood annexed as Attachment 3. "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. 3. BID SUBMISSION REQUIREMENTS 3.1. BID PROPOSAL UBS-3

8 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. The use of any form other than those provided in the bid specifications will render the bid non-responsive thereby requiring the bid to be rejected. 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 City of North Wildwood 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 limited liability company or sole proprietorship, by a general partner or the managing member (or, in the case of there being no managing member, by any member with authority to bind the company) 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 Specifications contain option bids. The Mayor and Council of the City of North Wildwood 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 City Council 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 BID GUARANTEES A. A Bid Guarantee in the form of a Bid Bond, Cashier's Check or Certified Check, made payable to the City of North Wildwood in the amount of 10% of the highest aggregate 2 year bid submitted, not to exceed twenty thousand dollars ($20,000), must accompany each Bid Proposal. In the event that 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 guarantee shall become the property of the City of North Wildwood EXCEPTIONS TO THE BID SPECIFICATIONS Any conditions, limitations, provisions, 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 City of North Wildwood. UBS-4

9 3.4. "OR EQUAL" SUBSTITUTIONS Whenever these 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 City of North Wildwood 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 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 contract; the B. All statements made in the Bid Proposal are true and correct and made with 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 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 City of North Wildwood 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 UBS-5

10 4.1. GENERALLY A. City Council of the City of North Wildwood shall award the contract or reject all bids within the time specified in the invitation to bid, but in no case more than sixty (60) 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 City Council s decision, in writing. 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. City Council 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 that Council reject all bids, the City of North Wildwood 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 NOTICE OF AWARD AND EXECUTION OF CONTRACT Within sixty (60) calendar days of the award of the contract, the City of North Wildwood 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 identification 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 City of North Wildwood to declare the contractor non-responsive and to award the contract to the next lowest bidder RESPONSIBLE BIDDER The City of North Wildwood shall determine whether a bidder is "responsible" in accordance with N.J.S.A. 40A: 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 PERFORMANCE BOND A. The successful bidder shall provide a Performance Bond issued by a Surety in an amount equal to no more than 100% of the annual value of contract. The successful bidder shall provide said Performance Bond to the Chief Financial Officer, City of North Wildwood, 901 Atlantic Avenue, North Wildwood, New Jersey, prior to or concurrently with delivery of the executed contract. B. Failure to provide the required Performance Bond at the time and place specified by the City of North Wildwood shall be cause for assessment of damages as a result thereof in accordance with Section D of the Contract. In the event that the successful bidder fails to provide said Performance Bond, the City of North Wildwood UBS-6

11 may award the contract to the next lowest responsible bidder or terminate the bid process and re-bid the collection services in accordance with N.J.A.C. 7:26H-6.7(d) and Section 4.1 above. C. The Performance Bond for each succeeding year of a multi-year contract shall be delivered to the City of North Wildwood with proof of full payment of the premium one hundred twenty (120) days prior to the expiration of the current bond. D. Failure to deliver a Performance Bond for any year of a multi-year contract one hundred twenty (120) days prior to the termination of the current bond will constitute a breach of contract and will entitle the Mayor and Council 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 equal to the costs incurred by the City of North Wildwood in re-bidding the contract 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 (7) days after receipt of notification of 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 City of North Wildwood may extend the deadline by a maximum of the fourteen (14) calendar days. Failure to submit the affirmative action document by the fourteenth (14 th ) calendar day shall be cause for the City of North Wildwood to declare the Contractor to be non-responsive and to award the contract to the next lowest bidder VEHICLE DEDICATION AFFIDAVIT The Contractor shall execute and submit at the time and place specified in the award notice a Vehicle Identification 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. UBS-7

12 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 City of North Wildwood may not award a contract until all tabulations are complete. 5. WORK SPECIFICATIONS 5.1. The Contractor shall provide service for each Option awarded by the City of North Wildwood. The bidders shall provide a Bid Proposal for each of the following options: Option 1, Option 2, Option 3 and Option 4. Failure to submit a Bid Proposal for each of the aforementioned options shall constitute grounds for rejection of the bidder s bid The Contractor shall provide collection, removal and disposal from within the territorial and geographical boundaries of the City of North Wildwood as described below: 5.3. COLLECTION OPTIONS OPTION #1; 5 Year Contract Ending December 31, 2023 A. i. Solid Waste. From Memorial Day through September 30, collection of solid waste shall occur twice per week at each collection site and there shall be not more than 72 hours between collections at each collection site. From January 1 until the day before Memorial Day is observed, and from October 1 through December 31, the collection of solid waste shall occur once per week at each collection site. ii. Recyclables. The collection of recyclables shall occur on the same day as the collection of solid waste except that, during the months of January, February, March, April, May (prior to Memorial Day), October, November and December, the collection of solid waste and recyclables may occur on different days at each collection site. As to the collection of both solid waste and recyclables, the contractor shall notify the City of North Wildwood at the time of contract execution of his intended collection days and, thereafter, those days shall remain constant throughout the duration of the contract UBS-8

13 term unless changed by mutual agreement between the parties in writing. No collections shall commence prior to 7:00 a.m. or finish later than 3:00 p.m. prevailing time, except that from April 1 through September 30 no collections shall finish later than 6:00 p.m. B. The contractor shall be required to supply and pick up containers at the direction of the Director of Public Works at the per pull rates set forth in the contractor s bid proposal form at two locations: 1. Recycling and trash drop-off center at the City of North Wildwood Public Works facility April 15 through October 15: 1. Two 30 cubic yard dumpsters for solid waste to be given up to 2 pulls per week as directed by the Director of Public Works or his designee 2. Two 34 cubic yard City Owned trash compactors to be given up to 2 pulls per week as directed by the Director of Public Works or his designee 3. Two 30 cubic yard dumpsters for recycling to be given up to 2 pulls per week as directed by the Director of Public Works or his designee 4. Two 20 cubic yard dumpsters for yard waste to be given up to 2 pulls per week as directed by the Director of Public Works or his designee October 16 through April 14: 1. Two 30 cubic yard dumpsters for solid waste to be given up to 2 pulls per week as directed by the Director of Public Works or his designee 2. Two 34 cubic yard City Owned trash compactors to be given up to 2 pulls per week as directed by the Director of Public Works or his designee 3. Two 30 cubic yard dumpsters for recycling to be given up to 2 pulls per week as directed by the Director of Public Works or his designee 4. Two 20 cubic yard dumpsters for yard waste to be given up to 1 pull per week as directed by the Director of Public Works or his designee th Avenue Beach Convenience Lot April 15 through November 15: 1. One 34 cubic yard City Owned trash compactor to be given up to 2 pulls per month as directed by the Director of Public Works or his designee November 16 through April 14: 1. No collection needed during this time frame Additionally, from April 15 through October 15 the contractor shall provide for pickup seven days per week of up to four 7 cubic yard City Owned dumpsters at the North Wildwood Public Works Building. Pick-ups for this service shall be completed after 10:00 a.m. No dumpster pick-ups under this paragraph B shall occur prior to 8:00 a.m. C. White Goods Shall be collected at the direction of the City Clerk or his designee in accordance with the provisions of Chapter 374, Article I of the Code of the City of UBS-9

14 North Wildwood, a copy of which is enclosed with these Specifications. White Goods shall be collected, throughout the City and at the DPW facility, once per week from April 1 through September 30, and once per month from October 1 through March 30, on such days as may be designated by the contractor. D. Bulk (furniture, mattresses, etc ) Shall be collected in accordance with the provisions of Chapter 374, Article I of the Code of the City of North Wildwood, a copy of which is enclosed with these specifications. The Contractor shall not be obligated to pick-up more than one bulk item per collection site per collection day. E. Special Events The City of North Wildwood, during special events, requires that dumpsters be provided. The number of dumpsters is based upon the total estimated number of participants that will attend the event. Dumpsters are required for both solid waste and recycling. Dumpsters are required to be emptied by 7:00 a.m. each day of the festival and by 11:00 a.m. on the day following the festival. These costs are to be billed at the per pull rates set forth in the contractor s bid proposal form. Each bidder should assume that there will be three festivals/special events each year. The largest festival requires approximately eight 30 cubic yard dumpsters with liners, four 20 cubic yard dumpsters with liners, 10 two cubic yard dumpsters and gallon cans. All dumpsters shall be placed on wood or other suitable material so as to protect roadway surfaces. All containers must be delivered on-site prior to the event and placed at the direction of the Director of Public Works. F. Comingling Prohibited - Under this Option a material breach of the contract is deemed to have occurred in the event that it is discovered that the contractor has comingled solid waste or recyclables that the contractor has collected from any source other than pursuant to this Contract with solid waste or recyclables that the contractor has collected under the terms and conditions of this Contract. If a material breach of the contract occurs under this paragraph, the City of North Wildwood shall be entitled to cancel and terminate the Contract pursuant to Article X of the Contract. OPTION #2; 5 Year Contract Ending December 31, 2023 A. Option #2 is identical to Option #1 except that, notwithstanding any indication to the contrary in the Uniform Bid Specifications or any other bidding document, under Option #2, on days when the contractor is performing services under the contract, nothing in the Uniform Bid Specifications, the contract or any of its component documents, shall be deemed to preclude the contractor from comingling solid waste or recyclables that have been generated within the City of North Wildwood and which the contractor has collected from a collection source within the confines of the City of North Wildwood pursuant to a private contract with that solid waste generator with solid waste or recyclables that the contractor otherwise is required to collect under the terms of the contract. OPTION #3; 3 Year Contract Ending on December 31, 2021 with 2 One Year Options. UBS-10

15 A. i. Solid Waste. From Memorial Day through September 30, collection of solid waste shall occur twice per week at each collection site and there shall be not more than 72 hours between collections at each collection site. From January 1 until the day before Memorial Day is observed, and from October 1 through December 31, the collection of solid waste shall occur once per week at each collection site. ii. Recyclables. The collection of recyclables shall occur on the same day as the collection of solid waste except that, during the months of January, February, March, April, May (prior to Memorial Day), October, November and December, the collection of solid waste and recyclables may occur on different days at each collection site. As to the collection of both solid waste and recyclables, the contractor shall notify the City of North Wildwood at the time of contract execution of his intended collection days and, thereafter, those days shall remain constant throughout the duration of the contract term unless changed by mutual agreement between the parties in writing. No collections shall commence prior to 7:00 a.m. or finish later than 3:00 p.m. prevailing time, except that from April 1 through September 30 no collections shall finish later than 6:00 p.m. B. The contractor shall be required to supply and pick up containers at the direction of the Director of Public Works at the per pull rates set forth in the contractor s bid proposal form at two locations: 2. Recycling and trash drop-off center at the City of North Wildwood Public Works facility April 15 through October 15: 5. Two 30 cubic yard dumpsters for solid waste to be given up to 2 pulls per week as directed by the Director of Public Works or his designee 6. Two 34 cubic yard City Owned trash compactors to be given up to 2 pulls per week as directed by the Director of Public Works or his designee 7. Two 30 cubic yard dumpsters for recycling to be given up to 2 pulls per week as directed by the Director of Public Works or his designee 8. Two 20 cubic yard dumpsters for yard waste to be given up to 2 pulls per week as directed by the Director of Public Works or his designee October 16 through April 14: 5. Two 30 cubic yard dumpsters for solid waste to be given up to 2 pulls per week as directed by the Director of Public Works or his designee 6. Two 34 cubic yard City Owned trash compactors to be given up to 2 pulls per week as directed by the Director of Public Works or his designee 7. Two 30 cubic yard dumpsters for recycling to be given up to 2 pulls per week as directed by the Director of Public Works or his designee 8. Two 20 cubic yard dumpsters for yard waste to be given up to 1 pull per week as directed by the Director of Public Works or his designee th Avenue Beach Convenience Lot UBS-11

16 April 15 through November 15: 2. One 34 cubic yard City Owned trash compactor to be given up to 2 pulls per month as directed by the Director of Public Works or his designee November 16 through April 14: 2. No collection needed during this time frame Additionally, from April 15 through October 15 the contractor shall provide for pickup seven days per week of up to four 7 cubic yard City Owned dumpsters at the North Wildwood Public Works Building. Pick-ups for this service shall be completed after 10:00 a.m. No dumpster pick-ups under this paragraph B shall occur prior to 8:00 a.m. C. White Goods Shall be collected at the direction of the City Clerk or his designee in accordance with the provisions of Chapter 374, Article I of the Code of the City of North Wildwood, a copy of which is enclosed with these Specifications. White Goods shall be collected, throughout the City and at the DPW facility, once per week from April 1 through September 30, and once per month from October 1 through March 30, on such days as may be designated by the contractor. D. Bulk (furniture, mattresses, etc ) Shall be collected in accordance with the provisions of Chapter 374, Article I of the Code of the City of North Wildwood, a copy of which is enclosed with these specifications. The Contractor shall not be obligated to pick-up more than one bulk item per collection site per collection day. E. Special Events The City of North Wildwood, during special events, requires that dumpsters be provided. The number of dumpsters is based upon the total estimated number of participants that will attend the event. Dumpsters are required for both solid waste and recycling. Dumpsters are required to be emptied by 7:00 a.m. each day of the festival and by 11:00 a.m. on the day following the festival. These costs are to be billed at the per pull rates set forth in the contractor s bid proposal form. Each bidder should assume that there will be three festivals/special events each year. The largest festival requires approximately eight 30 cubic yard dumpsters with liners and four 20 cubic yard dumpsters with liners, 10 two cubic yard dumpsters and gallon cans. All dumpters shall be placed on wood or other suitable material so as to protect roadway surfaces. All containers must be delivered on-site prior to the event and placed at the direction of the Director of Public Works. F. Comingling Prohibited - Under this Option a material breach of the contract is deemed to have occurred in the event that it is discovered that the contractor has comingled solid waste or recyclables that the contractor has collected from any source other than pursuant to this Contract with solid waste or recyclables that the contractor has collected under the terms and conditions of this Contract. If a material breach of the contract occurs under this paragraph, the City of North Wildwood shall be entitled to cancel and terminate the Contract pursuant to Article X of the Contract. UBS-12

17 OPTION #4; 3 Year Contract Ending on December 31, 2021 with 2 One Year Options. A. Option #4 is identical to Option #3 except that, notwithstanding any indication to the contrary in the Uniform Bid Specifications or any other bidding document, under Option #4, on days when the contractor is performing services under the contract, nothing in the Uniform Bid Specifications, the contract or any of its component documents, shall be deemed to preclude the contractor from comingling solid waste or recyclables that have been generated within the City of North Wildwood and which the contractor has collected from a collection source within the confines of the City of North Wildwood pursuant to a private contract with that solid waste generator with solid waste or recyclables that the contractor otherwise is required to collect under the terms of the contract CONTAINERS See Collection Options 1 and 2 in paragraph 5.3 above and Chapter 374 of the Code of the City of the City of North Wildwood COLLECTION SCHEDULE A. All collection services, as described in these specifications, shall be performed on all designated days between 7:00 a.m. and 3:00 p.m. (6:00 p.m. during the months of April through October). B. The following legal holidays are exempted from the waste collection schedule: New Year s Day Martin Luther King Day President s Day Veteran s Day Thanksgiving Day Christmas Day In the event that any of the foregoing fall on a Saturday or Sunday, then the holiday is deemed to mean the weekday, if any, that the disposal facility is closed as a result of the holiday falling on a Saturday or Sunday, as the case may be. Nothing in this paragraph 5.5 or in any other paragraph setting forth holidays shall be interpreted as in any way as affecting or altering the number of collections required at each collection site per week as established by paragraph SOLID WASTE DISPOSAL A. All solid waste collected within the City of North Wildwood shall be disposed of in accordance with the Cape May 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 Cape May County Municipal Utilities Authority on Kearney UBS-13

18 Avenue, Woodbine, New Jersey (Telephone # ) or at the Transfer Station located on Shunpike Road in Burleigh, New Jersey (Telephone # ). B. The City of North Wildwood reserves the right to designate another disposal facility or disposal facilities in accordance with the Cape May County Solid Waste Management Plan and/or any waste flow orders or in the event that the designated Disposal Facility or Disposal Facilities is or are unable to accept waste. The City of North Wildwood will assume all additional costs or benefits that are associated with such designation 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: et seq. B. All collection trucks shall be compaction types, completely enclosed and watertight. The Contractor shall employ equipment having a Gross Vehicle Weight of 4 tons or less other than compaction type vehicles on those streets whose width precludes the use of larger vehicles. Such narrow streets are: Lacy Lane, Hoffman Canal, NW 18 th, SW 15 th, Beach Creek and SW 18 th. 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. 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. All vehicles which, when in use in connection with the performance of this contract (and without regard to whether the vehicle is within or without the confines of the City of North Wildwood), shall have affixed to the vehicle, not less than two magnetized placards (of a design to be approved by the North Wildwood Director of Public Works), one per each side of each vehicle. The placards shall indicate that the vehicle is being used in the collection of solid waste and/or recyclables under contract with the City of North Wildwood and shall provide a telephone contact number. The failure to display the placards required by this paragraph shall be deemed a material breach of contract by the contractor NAME ON VEHICLES UBS-14

19 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. See paragraph 5.7E for additional requirements TELEPHONE FACILITIES AND EQUIPMENT A. The Contractor must provide and maintain an office within reasonable proximity of the City of North Wildwood 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 7:00AM and 3:00PM and, during the months of June, July, August and September, between the hours of 7:00 a.m. and 6:00 p.m. The City of North Wildwood shall list the Contractor's telephone number in the telephone directory along with other listings for the City of North Wildwood FAILURE TO COLLECT A. The Contractor shall report to the Contract Administrator, within one (1) hour of the start of the Collection Day, all cases in which severe weather conditions preclude collection. In the event of severe weather, the Contractor shall collect 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 when severe weather conditions do not preclude collection COMPLAINTS A. The Contractor shall promptly and properly attend to all complaints of customers and all notices, directives and orders of the Contract Administrator within twenty-four (24) hours of the receipt of same. The Contractor shall be required to maintain a log of all complaints received and the action taken to remedy the complaints. B. The Contractor shall submit a copy of the Complaint Log to the City of North Wildwood on a weekly basis SOLICITATION OF GRATUITIES The Contractor shall ensure that no agent or employee solicits or receives 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 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 within thirty (30) days after UBS-15

20 the end of each calendar month during the term of the contract. The Contractor will submit an invoice to the City of North Wildwood for the preceding calendar month (the "Billing Month"). B. The City of North Wildwood shall pay all invoices within thirty (30) days of receipt. The City of North Wildwood will not be obligated to pay a defective invoice until the defect is cured by the Contractor. The City of North Wildwood shall have thirty (30) days from the date of receipt of the corrected invoice to make payment. C. Invoices shall specify the number and type of vehicles 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. In complying with this paragraph Contractor shall not submit copies of records prepared by any entity other than Contractor. D. The Contractor may utilize a materials recovery facility for intermediate processing as long as the residue is disposed of in a manner consistent with N.J.A.C. 7:26-2B.9. In the event that the Contractor chooses to utilize a Materials Recovery Facility (MRF), the Contractor shall identify the MRF on the proposal forms COMPETENCE OF EMPLOYEES The Contractor's employees must be competent in their work, and if any person employed shall appear incompetent or disorderly, the City of North Wildwood 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 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 Superintendant or Foreman has been appointed. Such notification shall be given prior to beginning performance of the contract and shall fully identify the Superintendant or Foreman and shall include all contract information. The Contractor shall promptly notify the Contract Administrator, in writing, of any changes INSURANCE REQUIREMENTS 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 The insurance policy shall name the City of North Wildwood as an additional named insured indemnifying the City of North Wildwood with respect to the Contractor's actions pursuant to the Contract. UBS-16

21 5.17. CERTIFICATES Upon notification by the City of North Wildwood, 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 INDEMNIFICATION The Contractor shall indemnify and hold harmless the City of North Wildwood from and against all claims, damages, losses, and expenses including all reasonable attorney s fees and expenses incurred by the City of North Wildwood in defending against any of the aforesaid claims that may result or arise directly or indirectly, from or by reason of the performance of the contract or from any act or omission by the Contractor, its agents, servants, employees or subcontractors and that results in any loss of life or property or in any injury or damage to persons or property. 6. BIDDING DOCUMENTS 6.1 BIDDING DOCUMENTS CHECKLIST 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. Statement of bidder's qualifications, experience and financial ability. A bid guarantee in the form of a bid bond, certified check or cashier's check in the proper amount made payable to the City of North Wildwood. Stockholder statement of ownership. Non-collusion affidavit. Consent of surety. Bid Form (Options 1-4). New Jersey Business Registration Certificate as required by N.J.S.A. 52:32-44 Evidence of Compliance with Affirmative Action Requirements. UBS-17

22 Disclosure of Investment Activities in Iran. Name of Firm or Individual Signature Title Date UBS-18

23 6.2 CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY/A-901 APPROVAL LETTER 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 PC-1

24 6.3 STATEMENT OF BIDDER'S QUALIFICATIONS, EXPERIENCE AND FINANCIAL ABILITY AFFIDAVIT RESIDENTIAL, COMMERCIAL, MUNICIPAL STATE OF NEW JERSEY } AND INSTITUTIONAL } SS. SOLID WASTE AND RECYCLABLE COUNTY OF } MATERIALS COLLECTION SERVICE I,, am the (Name of Affiant) (Identify relationship to Bidder: Owner, Partner, President or other Corporate Officer of the, ( Bidder ) and being duly sworn, I depose and say: (Name of Bidder) 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 City of North Wildwood to award to Bidder the contract for residential, commercial, municipal and institutional solid waste collection and recyclable materials collection service (the Contract ) 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 City of North Wildwood will rely upon the information provided in the Questionnaire in determining the lowest, responsible bidder to be awarded the contract. 4. I also understand and agree that the City of North Wildwood 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 City of North Wildwood, 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 City of North Wildwood with any information necessary to verify the answers given. Name of Firm or Individual Signature Title Date Subscribed and sworn to before me this day of, Notary Public of My Commission expires:. BE-1