BOROUGH OF MILLSTONE

Transcription

1 BOROUGH OF MILLSTONE Somerset County New Jersey BID PACKAGE SOLID WASTE COLLECTION SERVICES Bid Opening Date: March 15, 2017 Time: 11:00AM Submitted by:

2 TABLE OF CONTENTS PROJECT DESCRIPTION... NTB-1 BID PROPOSAL FORM... P-1 CHECK LIST OF REQUIRED DOCUMENTS... Q-1 BID BOND... Q-3 CONSENT OF SURETY... Q-4 ACKNOWLEDGEMENT OF ADDENDA... Q-5 AFFIRMATIVE ACTION CERTIFICATION... Q-6 EQUAL EMPLOYMENT OPPORTUNITY... Q-7 GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS... Q-7 AMERICANS WITH DISABILITIES ACT... Q-9 STATEMENT OF OWNERSHIP... Q-10 STATEMENT OF OWNERSHIP DISCLOSURE... Q-11 PREVAILING WAGE CERTIFICATION OF COMPLIANCE... Q-13 CONTRACTOR LISTING... Q-14 RESPONSIBLE BIDDER CERTIFICATION... Q-15 FALSE STATEMENT PENALTIES CERTIFICATION... Q-16 DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN... Q-17 AFFIDAVIT OF NON-COLLUSION... Q-18 RESPONSIBLE BIDDER S CHECKLIST... Q-19 AFFIDAVIT OF BIDDER'S QUALIFICATIONS, EXPERIENCE AND FINANCIAL ABILITY... Q-20 EXPERIENCE, PERFORMANCE, AND FINANCIAL CAPABILITY QUESTIONS... Q-21 INSURANCE CERTIFICATION... Q-24 TAXPAYER IDENTIFICATION... Q-25 EQUIPMENT CERTIFICATION... Q-26 DEBARMENT CERTIFICATION... Q-27 CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY... Q-28 VEHICLE DEDICATION AFFIDAVIT... Q-29 RESPONSIBILITY ACKNOWLEDGEMENT... Q-30 GENERAL INFORMATION FOR BIDDER... IFB-1 DEFINITIONS... IFB-1 i

3 RESPONSIBLE BIDDER INFORMATION... IFB-2 RECEIPT OF BID... IFB-2 BID PROPOSAL FORM... IFB-3 SIGNATURE ON BID PROPOSAL FORM... IFB-3 BONDS OR SECURITY REQUIRED... IFB-3 CONSENT OF SURETY... IFB-4 QUESTIONS/CHALLENGES REGARDING PLANS AND SPECIFICATIONS... IFB-4 INTERPRETATIONS AND ADDENDA... IFB-4 BRAND NAMES, STANDARDS OF QUALITY, PATENTS... IFB-5 EQUAL OR TIE BIDS... IFB-5 WITHDRAWING A BID... IFB-5 REJECTION OF BIDS... IFB-6 PROCEDURES ON AWARD OF CONTRACT... IFB-6 NOTIFICATION OF AWARD... IFB-6 ASSIGNING THE CONTRACT... IFB-6 TERMINATION OF CONTRACT... IFB-6 PAYMENT... IFB-7 INVOICES... IFB-7 THE CONTRACT... IFB-7 BOROUGH CLERKS CONTROL... IFB-8 NEW JERSEY PREVAILING WAGE ACT... IFB-8 PUBLIC WORKS CONTRACTOR REGISTRATION ACT... IFB-8 INSURANCE... IFB-9 ACCIDENTS, INJURIES, DAMAGES... IFB-11 INDEMNIFICATION... IFB-11 EMPLOYMENT OF SUFFICIENT LABOR AND EQUIPMENT... IFB-12 INTOXICATING BEVERAGES... IFB-12 COMPLIANCE WITH LAWS... IFB-12 NEW JERSEY PREVAILING WAGE ACT... IFB-12 BUSINESS REGISTRATION CERTIFICATE... IFB-12 REFERENCES... IFB-13 AFFIDAVIT OF NON-COLLUSION... IFB-13 NON-DISCRIMINATION... IFB-13 REQUIRED AFFIRMATIVE ACTION EVIDENCE... IFB-13 WORKER AND COMMUNITY RIGHT TO KNOW ACT... IFB-14 STATEMENT OF OWNERSHIP... IFB-14 ACQUISITIONS, MERGER, SALE AND/OR TRANSFER OF BUSINESS, ETC.... IFB-14 POLITICAL CONTRIBUTIONS... IFB-14 PROHIBITED CONTRACT AWARDS... IFB-14 DISPUTE RESOLUTION... IFB-15 ii

4 REFERENCE INTERVIEW QUESTIONS... IFB-16 SAMPLE CONTRACT... IFB-17 GENERAL CONDITIONS... TS-1 GC.1. HEADINGS... TS-1 GC.2. DEFINITIONS... TS-1 GC.3. DISPOSAL FACILITY... TS-2 GC.4. VEHICLE DEDICATION AFFIDAVIT... TS-2 GC.5. CERTIFICATE OF PUBLIC CONVENIENCE... TS-2 TECHNICAL SPECIFICATIONS... TS DEMOGRAPHICS... TS LOCATION REQUIREMENTS... TS COLLECTION AREA... TS COLLECTION REQUIREMENTS... TS-2 BASIC SERVICE... TS-2 COLLECTION DAYS... TS-2 CONTAINER PROVISION... TS-2 BULK PICKUP... TS DISPOSAL REQUIREMENTS... TS VEHICLES AND EQUIPMENT... TS CONTRACTOR OFFICES... TS FAILURE TO COLLECT... TS COMPLAINTS... TS SOLICITATION OF GRATUITIES... TS INVOICE AND PAYMENT PROCEDURE... TS COMPETENCE OF EMPLOYEES... TS SUPERVISION OF EMPLOYEES... TS-5 EXHIBIT 1: PAYMENT BOND ACCEPTABLE LANGUAGE...EX-1 EXHIBIT 2: PERFORMANCE BOND ACCEPTABLE LANGUAGE...EX-2 EXHIBIT 3: RELEASE OF LEINS...EX-3 iii

5 NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that sealed bids will be received by the Borough Clerk of the Borough of Millstone, Somerset County on March 15, 2017 at 11:00 AM local prevailing time in Borough Hall, 1353 Main Street, Millstone, New Jersey 08844, at which time and place bids will be opened and read in public for: SOLID WASTE COLLECTION SERVICES PROJECT DESCRIPTION The Borough is accepting bids for Solid Waste Collection Services for an initial period to commence on April 1, 2017 and ending on December 31, 2019, with two (2) optional one (1) year renewals in accordance N.J.A.C. 7:26H-6 et seq. Specifications and other bid information may be reviewed and obtained by contacting the Borough Clerk at or Bid documents are available free of charge via request to Gregory J. Bonin at Upon receipt of request the Bid documents will be ed in PDF format. Any notices of addenda, cancellations or postponements may be found at Questions shall be ed to Bidders are required to comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1 et seq. as well as the requirements of NJDEP Solid Waste Utility Regulations N.J.A.C. 7:26H et.seq. Each document in this Bid Document shall be properly completed in accordance with the Bidding Requirements of NJDEP N.J.A.C. 7:26H-6.5 and N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1 et seq. No Bidder shall submit the requested information on any form other than those provided in these Bid Documents. All activities shall meet the minimum standards of NJDEP N.J.A.C. 7:26H et seq. Solid Waste Utility Regulations. Bids must be submitted on the proposal forms contained in the bid package. Bids must be in a sealed envelope, bearing the name and address of the bidder, the name of the project and clearly marked BID. This information must be on the outside of the envelope and addressed to the Borough Clerk. Method of delivery shall be personal service or USPS certified mail. Any proposal received not complying with these requirements shall not be opened and shall be returned to sender marked Unresponsive. Gregory J. Bonin Qualified Purchasing Agent/Borough Clerk NTB-1

6 BID PROPOSAL FORM This Bid is being submitted for Solid Waste Collection Services for an initial period to commence on April 1, 2017 and ending on December 31, 2019, with two (2) optional one (1) year renewals, in accordance NJDEP N.J.A.C. 7:26H-6 et seq. and N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1 et seq. as specified in the Scope of Work, General Conditions and in accordance with the requirements of this Bid Document. The undersigned states that they have read and fully understands the Scope of Work, General Conditions and General Information for Bidders and all other requirements contained in this Bid Document. The undersigned also agrees to provide the goods and services as required by the Scope of Work and General Conditions and pursuant to and in accordance with the General Information for Bidders and all other requirements contained in this Bid Document. The undersigned therefor submits the following Bid Amounts: BID PROPOSAL One (1) day collection of solid waste per week (Friday) from residential and municipal sources with one (1) bulk pick-up each year in accordance with the Scope of Work. Year 1: April 1, 2017 December 31, 2017 Solid Waste Lump Sum Amount of Base Bid in Words LS $ LS Solid Waste Lump Sum Amount of Base Bid in Numbers Bulk Lump Sum Amount of Base Bid in Words LS $ LS Bulk, Lump Sum Amount of Base Bid in Numbers Year 2: January 1, 2018 December 31, 2018 Solid Waste Lump Sum Amount of Base Bid in Words LS $ LS Solid Waste Lump Sum Amount of Base Bid in Numbers P-1

7 Bulk Lump Sum Amount of Base Bid in Words LS $ LS Bulk Lump Sum Amount of Base Bid in Numbers Year 3: January 1, 2019 December 31, 2019 Solid Waste Lump Sum Amount of Base Bid in Words LS $ LS Solid Waste Lump Sum Amount of Base Bid in Numbers Bulk Lump Sum Amount of Base Bid in Words LS $ LS Bulk Lump Sum Amount of Base Bid in Numbers Total Years 1, 2 and 3: Solid Waste Lump Sum Amount of Base Bid in Words LS $ LS Solid Waste Lump Sum Amount of Base Bid in Numbers Bulk Lump Sum Amount of Base Bid in Words LS $ LS Bulk Lump Sum Amount of Base Bid in Numbers Optional Year 1: January 1, 2020 December 31, 2020 Solid Waste Lump Sum Amount of Base Bid in Words LS P-2

8 $ LS Solid Waste Lump Sum Amount of Base Bid in Numbers Bulk Lump Sum Amount of Base Bid in Words LS $ LS Bulk Lump Sum Amount of Base Bid in Numbers Optional Year 2: January 1, 2021 December 31, 2021 Solid Waste Lump Sum Amount of Base Bid in Words LS $ LS Solid Waste Lump Sum Amount of Base Bid in Numbers Bulk Lump Sum Amount of Base Bid in Words LS $ LS Bulk Lump Sum Amount of Base Bid in Numbers Waste Directed to: Facility Address: (Name of Facility) Street, City Zip Rate Per Ton: Any Bid Proposal that does not comply with the requirements of this entire Bid Document N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1 et seq.. and NJDEP N.J.A.C. 7:26H-6.1 et seq., shall be rejected as non-responsive. Printed Name of Authorized Agent Signature of Authorized Agent P-3

9 Title Date Company Name Federal I.D. # or Social Security # Address Telephone Number Fax Number address P-4

10 CHECK LIST OF REQUIRED DOCUMENTS All items checked below shall be initialed as acknowledgement of inclusion in the Bid submission All requested and mandatory items must be submitted in sequential order as presented in this bid document. Failure to complete and provide the following items, as checked, SHALL result in your bid being disqualified. These are MANDATORY requirements of this bid package: Initials Checklist of Required Documents, signed below Bid Proposal Forms Hard copy of bid proposal on the proposal forms contained in this bid package with supporting documentation Bid Bond (Cashier, Certified Check) Deposit Consent of Surety (Letter of Bonding Capability) Acknowledgement of Addenda (as applicable) Affirmative Action Certification Equal Employment Opportunity Americans With Disabilities Act Disclosure of Ownership Prevailing Wage Certification of Compliance Contractor Listing (as applicable) Responsible Bidder Certification False Statement Penalties Certification Disclosure of Investment Activities in Iran Failure to complete and provide the following items, as checked, MAY result in your bid being disqualified or a request for clarification issued. These items are REQUESTED of this bid package: Initials Two (2) Year Work History Affidavit of Non-Collusion Responsible Bidder Checklist Experience, Performance, and Financial Capability Questions Insurance Certification Taxpayer Identification (W-9) Completed Equipment Certification Certificate of Public Convenience and Necessity Vehicle Dedication Affidavit Debarment Certification Project Work Schedule Q-1

11 Reference Interview Questions Responsibility Acknowledgement (Post Contract Award) Any other documentation required under the Scope of Work or General Conditions Initials All items checked below shall be initialed as acknowledgement of these additional requirements. PRIOR to award of the contract the following items, as checked, will be required: Public Works Contractor Certification (contractors and subcontractors) Business Registration Certificate(s) (contractors and subcontractors) AFTER award of the contract the following items, as checked, will be required: Signed Contracts Payment Bond (see exhibits) Performance Bond (see exhibits) Affirmative Action Certificate, AA302 or letter of approval Initial Project Workforce Report (AA201) Contractor: Certificate of Insurance for the length of the project naming the Borough of Millstone as an additional insured for the project name Initials Initials Prior to final payment being made the following items, as checked, must be submitted: Final List of Subcontractors Final Certified Payroll Maintenance Bond As Constructed Drawings Warrantees Affidavit of Release of Liens (see exhibits) Initials EACH REQUIRED ITEM, AS CHECKED ABOVE, MUST BE INITIALED IN THE SPACE PROVIDED. THIS CHECKLIST MUST BE SIGNED AND SUBMITTED WITH THE BID PACKAGE. Printed Name of Authorized Agent Signature of Authorized Agent Title Date Company Name Q-2

12 and BID BOND BOROUGH OF MILLSTONE BIDDING & CONTRACT REQUIREMENTS as Principal, a corporation of the State of as Surety, are held and firmly bound unto the Borough of Millstone, as Obligee, in the amount of ten percent (10%) of the amount of the base bid, not to exceed $20,000 for the payment of which Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, to this agreement. Principal has submitted to Obligee a bid to enter into a written contract, for Bid Project Number: Bid Title: in accordance with bidding documents for the project, which contract is by reference made a part hereof and is hereinafter referred to as "the Contract". THE CONDITION OF THIS OBLIGATION is that if Principal, upon acceptance by Obligee of its bid within the period of time specified for acceptance, shall comply with all post award requirements as required by the terms of the bid within the time specified after date of the Notice of Award, or in the event of the failure to comply with all post award requirements, the Principal shall pay the Obligee the amount of this bond as liquidated damages. Surety hereby agrees that its obligation shall not be impaired by any extensions of time for Obligee's acceptance or compliance with post award requirements. Surety hereby waives notice of such extensions. Signed and sealed this day of, 20 Contractor Surety By: Signature By: Officer of the surety Title: Attest: Corporate Secretary (Corporations only) Corporate Seal JURAT (Notary's Statement Authenticating Signature) STATE OF COUNTY OF I,, a Notary Public in and for said county, do hereby certify that (Insert Name of Attorney-In Fact for Surety who is personally known to me to be the same person whose name is subscribed to the foregoing instrument on behalf of SURETY, appeared before me this day in person and acknowledged respectively, that he/she signed, sealed, and delivered said instrument as his/her free and voluntary act for the uses and purposes therein set forth. Given under my hand and notarial seal this day of, 20 Printed Name of Notary, Notary Signature ID# and Expiration Date: and Seal: Q-3

13 CONSENT OF SURETY Performance and Payment Bonds shall be required from 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: Borough of Millstone, 1353 Main Street, Millstone, New Jersey in Somerset County (Owner) Re: (Contractor/Company Name) ( Contractor ) (Contractor/Company Address) Project: (Bid Number and Title) ( Project ) This is to certify that the undersigned Surety Company, licensed to do business in the State of New Jersey, will execute both the Performance and Payment Bonds as required by the Contract Documents and will become Surety in the full amount set forth in the Contract Documents for the faithful performance of all obligations of the Contractor in the event that said Contractor is awarded a contract for the above Project. (Surety Company Name and Address) (Surety Company Seal) (Authorized Agent of Surety Company Printed Name) (Authorized Agent of Surety Company - Signature) (Date) Attached is a Letter of Bonding Capability, from the above Surety Company, licensed to do business in the State of New Jersey, with at least an A-rating; which includes: both single and aggregate bonding capacity totals; and a notary acknowledgment. THIS CONSENT OF SURETY MUST BE SIGNED BY AN AUTHORIZED AGENT OR REPRESENTATIVE OF A NEW JERSEY LICENSED SURETY COMPANY. NOT BY THE INDIVIDUAL OR COMPANY REPRESENTATIVE SUBMITTING THE BID. Q-4

14 ACKNOWLEDGEMENT OF ADDENDA Receipt of Changes to Bid Documents Form Pursuant to N.J.S.A. 40A: a, the undersigned hereby acknowledges receipt of the following notices, revisions, or addenda to the bid advertisement, specifications or bid documents. By indicating date of receipt, bidder acknowledges the submitted bid takes into account the provisions of the notice, revision or addendum. Note that the local unit s record of notice to bidders shall take precedence and that failure to include provisions of changes in a bid proposal may be subject for rejection of the bid. Note Clarifications issued in response to Q&A are NOT considered addenda as they do not substantially change the bid documents, and NOT required to be reported on this form. Directives in the Technical Specifications requiring submittals are not mandatory UNLESS they are included in the Checklist of Required Document. Addendum Number How Received (mail, fax, pick-up, etc.) Date Received Printed Name of Authorized Agent Signature of Authorized Agent Title Date Company Name Q-5

15 AFFIRMATIVE ACTION CERTIFICATION This form is a summary of the successful bidder s requirement to comply with the requirements of N.J.S.A. 10:5-31 (P.L 1975, c.127) and N.J.A.C 17:27-1 et seq.. The successful bidder shall submit to the public agency, after notification of award but prior to execution of this contract, one of the following three documents as forms of evidence: (a) A photocopy of a valid letter that the Contractor is operating under an existing Federally approved or sanctioned affirmative action program (good for one year from the date of the letter); OR (b) A photocopy of a Certificate of Employee Information Report approval, issued in accordance with N.J.A.C. 17:27-4; OR (c) A photocopy of an Employee Information Report (Form AA302) provided by the Division and distributed to the public agency to be completed by the Contractor in accordance with N.J.A.C. 17:27-4. The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) from the contracting unit during normal business hours. The successful vendor(s) must submit the copies of the AA302 Report to the Division of Contract Compliance and Equal Employment Opportunity in Public Contracts (Division). The Public Agency copy is submitted to the public agency, and the vendor copy is retained by the vendor. The undersigned vendor certifies that he/she is aware of the commitment to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27 and agrees to furnish the required forms of evidence. The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if said Contractor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27. Printed Name of Authorized Agent Signature of Authorized Agent Title Date Company Name Q-6

16 (REVISED 4/10) EQUAL EMPLOYMENT OPPORTUNITY 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, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the Contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause. The Contractor or sub-contractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. The Contractor or sub-contractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union of the Contractor's commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The Contractor or sub-contractor, 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 sub-contractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with N.J.A.C. l7: The Contractor or sub-contractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, and labor unions, that it does not discriminate on the basis of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or Q-7

17 sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices. The Contractor or sub-contractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions. In conforming with the targeted employment goals, the Contractor or sub-contractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions. The Contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents: Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Division s website at The Contractor and its sub-contractors shall furnish such reports or other documents to the Division of Public Contracts Equal Employment Opportunity Compliance as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of Public Contracts Equal Employment Opportunity Compliance for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C. 17:27. Q-8

18 AMERICANS WITH DISABILITIES ACT Equal Opportunity for Individuals with Disabilities The Contractor and the Borough of Millstone do hereby agree that the provision of Title II of the Americans With Disabilities Act of 1990 (the ADA ) (42 U.S.C. Section 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 thereunto, are made a part of this contract. In providing any aid, benefit or service on behalf of the Borough pursuant to this contract, the Contractor agrees that the performance shall be in strict compliance with the ADA. In the event that the Contractor, its agents, servants, employees or subcontractors violate or are alleged to have violated the ADA during the performance of this contract, the Contractor shall defend the Borough in any action or administrative proceeding commenced pursuant to this ADA. The Contractor shall indemnify, protect and save harmless the Borough, 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 Borough grievance procedure, the Contractor agrees to abide by any decision of the Borough which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the Borough or if the Borough 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 Borough 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 Borough or any of its agents, servants, and employees, the Borough shall expeditiously forward or have forwarded to the Contractor every demand, complaint, notice, summons, pleading or other process received by the Borough or its representatives. It is expressly agreed and understood that any approval by the Borough of the services provided by the Contractor pursuant to this contract will not relieve the Contractor of the obligation to comply with the ADA and to defend, indemnify, protect, and save harmless the Borough pursuant to this paragraph. It is further agreed and understood that the Borough 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 Borough from taking any other actions available to it under any other provisions of this agreement or otherwise by law. Q-9

19 STATEMENT OF OWNERSHIP N.J.S.A. 52: (P.L. 1977, c.33, as amended by P.L. 2016, c.43) This Statement Shall Be Included with All Bid and Proposal Submissions N.J.S.A. 52: : "No corporation, partnership, or limited liability company shall be awarded any contract nor shall any agreement be entered into for the performance of any work or the furnishing of any materials or supplies, unless prior to the receipt of the bid or proposal, or accompanying the bid or proposal of said corporation, said partnership, or said limited liability company there is submitted a statement setting forth 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. If one or more such stockholder or partner or member is itself a corporation or partnership or limited liability company, the stockholders holding 10 percent or more of that corporation s stock, or the individual partners owning 10 percent or greater interest in that partnership, or the members owning 10 percent or greater interest in that limited liability company, as the case may be, shall also be listed. The disclosure shall be continued until names and addresses of every noncorporate stockholder, and individual partner, and member, exceeding the 10 percent ownership criteria established in this act, has been listed. To comply with this section, a bidder with any direct or indirect parent entity which is publicly traded may submit the name and address of each publicly traded entity and the name and address of each person that holds a 10 percent or greater beneficial interest in the publicly traded entity as of the last annual filing with the federal Securities and Exchange Commission or the foreign equivalent, and, if there is any person that holds a 10 percent or greater beneficial interest, also shall submit links to the websites containing the last annual filings with the federal Securities and Exchange Commission or the foreign equivalent and the relevant page numbers of the filings that contain the information on each person that holds a 10 percent or greater beneficial interest." Printed Name of Authorized Agent Signature of Authorized Agent Title Date Company Name Company Address Q-10

20 STATEMENT OF OWNERSHIP DISCLOSURE N.J.S.A. 52: (P.L. 1977, c.33, as amended by P.L. 2016, c.43) This statement shall be completed IN FULL, 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. Company Name Company Address Part I: Please Check the Box that represents the type of business organization: Part II: OR Sole Proprietorship** Non-profit Corporation** ** Skip Parts II and III and continue to Part IV Certification, sign and notarize where indicated For-profit Corporation (any type) Limited Liability Company Partnership Limited Partnership Limited Liability Partnership (LLP) Other (be specific): No one stockholder in the corporation owns 10 percent (10%) or more of its stock, of any class, or no individual partner in the partnership owns a 10 percent (10%) or greater interest therein, or that no member in the limited liability company owns a 10 percent (10%) or greater interest therein, as the case may be. 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. Name of Individual or Business Entity Home Address (for Individuals) or Business Address Continued on Additional Sheet (if necessary): Yes No Q-11

21 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: has been listed. Stockholder/Partner/Member and Corresponding Entity Listed in Part II Home Address for Individuals or Business Address Continued on Additional Sheet (if necessary): Yes No 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 Millstone is relying on the information contained herein and that I am under a continuing obligation from the date of this certification through the completion of any contracts with the Borough of Millstone to notify the Purchasing Agent, 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 Borough of Millstone permitting them to declare any contract(s) resulting from this certification void and unenforceable. Printed Name of Authorized Agent Signature of Authorized Agent Sworn and subscribed to before me on this day of, 20 Printed Name of Notary, ID# and Expiration Date Signature of Notary Q-12

22 I hereby certify that: PREVAILING WAGE CERTIFICATION OF COMPLIANCE 1. I am the duly authorized agent of the Bidder and am authorized to make this Certification on their behalf. 2. I am compliant with N.J.S.A. 34: et seq. (Prevailing Wage Rate). 3. I have reviewed the prevailing wage rate located at: 4. I have read this statement and I know the contents and know the same to be true to my own knowledge. 5. I, therefore, certify that the Bid submitted herewith is in compliance with the Prevailing Wage Act. 6. I further certify that should the Bid be less than the County Prevailing Wage rate found at, the certified payrolls shall reflect the current prevailing rate. Printed Name of Authorized Agent Signature of Authorized Agent Title Date Company Name Q-13

23 CONTRACTOR LISTING N.J.S.A. 40A:11-16 and N.J.S.A. 40A: Failure to submit this information is cause for automatic rejection. GENERAL CONTRACTOR S NAME, ADDRESS, PHONE, & FAX NUMBERS LIST OF SUBCONTRACTORS with Name, Address, Phone, & Fax Numbers: 1. PLUMBING CONTRACTOR 2. ELECTRICAL CONTRACTOR 3. STEEL CONTRACTOR 4. HVAC CONTRACTOR List any other Subcontractor for the base bid and all alternates: Q-14

24 RESPONSIBLE BIDDER CERTIFICATION A copy of this Certification must be included with the Bid and must be fully completed, signed by at least one general partner, owner, or officer authorized to legally obligate the Bidder and notarized. The Bidder recognizes that the information submitted in the questionnaire herein is for the express purpose of inducing the Borough to award a contract to the Bidder. The Bidder acknowledges that they have read and understand the requirements of this Bid and has read and understands the instructions for completing the Bid. The Bidder acknowledges that they are duly authorized to provide the information contained in this Bid and that answering the questions in this Bid is entirely within their control. DECLARATION I hereby certify that I am a general partner, owner, or officer and as such authorized to legally obligate the Bidder and am authorized to make this Certification on their behalf. I certify that I have read and understood the questions contained in this Bid, and that to the best of my knowledge and belief all information contained herein and submitted concurrently or in supplemental documents with this Bid is complete, current, and true. I further acknowledge that any false, deceptive or fraudulent statements or documents submitted with this Bid may result in non-award of contract. I hereby authorize the Borough to contact any entity named herein, or any other internal or outside resource, for the purpose of verifying information provided in the questionnaire or this Bid to develop other information deemed relevant by the Borough. Printed Name of Authorized Agent Signature of Authorized Agent Sworn and subscribed to before me on this day of, 20 Printed Name of Notary, ID# and Expiration Date Signature of Notary Q-15

25 FALSE STATEMENT PENALTIES CERTIFICATION N.J.S.A. 40A:11-34 Any person who makes or causes to be made, a false, deceptive or fraudulent statement in the Any person who makes or causes to be made, a false, deceptive or fraudulent statement in the statement or answers in response to the questionnaire, or in the course of any hearing hereunder, shall be guilty of a misdemeanor, and upon conviction shall be punishable by a fine of not less than $ nor more than $1,000.00, and shall be permanently disqualified from bidding on all public work or contracts of the contracting unit which submitted the questionnaire; or, in the case of an individual or an officer or employee charged with the duty of responding to the questionnaire for a person, firm, co-partnership, association or corporation, by such fine or by imprisonment, not exceeding 6 months, or both. I hereby certify that as a duly authorized agent of the Applicant the requirements of N.J.S.A. 40A:11-34 have been read and are understood. Printed Name of Authorized Agent Signature of Authorized Agent Sworn and subscribed to before me on this day of, 20 Printed Name of Notary, ID# and Expiration Date Signature of Notary Q-16

26 DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN N.J.S.A. 82:32-57 Failure to submit this information is cause for automatic rejection. PART 1 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 neither the person or entity, nor any of its parents, subsidiaries, or affiliates (any parent, successor, subunit, direct or indirect subsidiary, or any entity under common ownership or control with, any entity), is identified on the Department of Treasury's Chapter 25 list as a person or entity engaging in investment activities in Iran. The Chapter 25 list is found on the State of New Jersey, Department of Treasury, Division of Purchase and Property website at Bidders must review this list prior to completing the below certification. Failure to complete the certification will render a bidder's proposal non-responsive. If the Authority finds a person or entity to be in violation of law, s/he shall take action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party. PLEASE CHECK THE APPROPRIATE BOX: I certify, pursuant to Public Law 2012 c. 25, that neither the bidder listed above nor any of the bidder's Parents, subsidiaries, or affiliates is listed on the N.J. Department of the Treasury's list of entities determined to be engaged in prohibited activities in Iran pursuant to P.L c. 25 ("Chapter 25 List"). I further certify that I am the person listed above, or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf. I will skip Part 2 and sign and complete the Certification below. OR I am unable to certify as above because the bidder and/or one or more of its parents, subsidiaries, or affiliates is listed on the Department's Chapter 25 list. I will provide a detailed, accurate and precise description of the activities in Part 2 below and sign and complete the Certification below. 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. 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 Division of Purchase 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 You must provide a detailed, accurate and precise description of the activities of the bidding person/entity, or one of its parents, subsidiaries or affiliates, engaging in the investment activities in Iran outlined above by completing the box below. Name: Description of Activities: Duration of Engagement: Proposer Contact Name: Relationship to Proposer: Anticipated Cessation Date: 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 the Authority 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 Authority to notify the Authority in writing of any changes to the answers or 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 Authority and the Authority at its option may declare any contract(s) resulting from this certification void and unenforceable. Printed Name of Authorized Agent Title Signature of Authorized Agent Date Company Name Q-17

27 AFFIDAVIT OF NON-COLLUSION The undersigned, being duly sworn according to law, deposes and says: I (print name) am the/a (title) for the within named Bidder. I reside at County of State of 1. I execute the said Bid on behalf of the Bidder with full authority to do so. 2. The 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 contract. 3. All statements contained in the Qualification Statement, Bid Documents and in this Affidavit are true and correct and were made with the full knowledge that the Borough of Millstone, County of Somerset, its officers and employees, relies upon the truth of the statements therein made in awarding the contract. 4. I further warrant that no person or selling agency has been employed or retained to solicit or service such contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except bonafide employees of or bonafide established commercial selling agencies maintained by the Bidder. Printed Name of Authorized Agent Signature of Authorized Agent Sworn and subscribed to before me on this day of, 20 Printed Name of Notary, ID# and Expiration Date Signature of Notary Q-18

28 RESPONSIBLE BIDDER S CHECKLIST The following are screening statements which shall be used to determine whether or not a prospective applicant is responsible to enter into a contract with the Borough of Millstone. Refusal to answer or omission of response to any question in this checklist shall be considered a fatal flaw and shall result in disqualification of the Bidder. 1. I am bidding as the prime contractor. Yes No 2. I am appropriately licensed and bondable. Yes No 3. I have completed at least three (3) public bid projects within the last five (5) years as a Prime Contractor. ( Public Bid Projects are defined as contract with government agencies including Public Schools, County, Community College s, Municipalities, Special Districts, county, state and federal agencies requiring prevailing wages rates paid to workers.) 4. I am eligible to bid on a Public Works contract as per New Jersey Prevailing Wage Act, N.J.S.A. 34: et. seq. 5. I meet the minimum safety requirements specified by the Borough s Safety Program as follows: a. No willful violations of any occupational safety or health standard. b. All violations corrected prior to reinspection Yes Yes Yes No No No 6. In the last five (5) years, has your firm, or any key Person in your firm, been convicted of a crime involving the awarding of a contract of a government (local, state or federal) construction project, or the bidding or performance of a government contract? 7. In the last five (5) years, has your firm, or any key Person in your firm, been defaulted or terminated by an owner (other than for convenience of the project owner) or has your surety completed a contract for your firm? 8. At the time of submitting this bid form, is your firm or any key Person in your firm, ineligible to bid on or be awarded any public bid contract, or perform as a subcontractor on a public bid contract? 9. Has your firm, or any key Person in your firm, ever been found guilty in a criminal action, for making any false claim or material misrepresentation to any public agency or entity? 10. In the last ten (10) years, has your firm, or any key Person in your firm, ever been convicted of a crime involving any federal, state or local contracts? Yes Yes Yes Yes Yes No No No No No Q-19

29 AFFIDAVIT OF BIDDER'S QUALIFICATIONS, EXPERIENCE AND FINANCIAL ABILITY STATE OF NEW JERSEY } COUNTY OF } SS: Solid Waste Collection Services I (print name) am the/a (title) for the within named Bidder. and being duly sworn, I depose and say: 1. All of the answers set forth in the following Experience, Performance, and Financial Capability 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 Council to award a contract to the within named Bidder the contract for solid waste collection 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 of Millstone 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 Borough Council 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 of Millstone, 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 of Millstone with any information necessary to verify the answers given. 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. Printed Name of Authorized Agent Signature of Authorized Agent CORPORATE SEAL Sworn and subscribed to before me on this day of, 20 Printed Name of Notary, ID# and Expiration Date Signature of Notary SEAL Q-20

30 EXPERIENCE, PERFORMANCE, AND FINANCIAL CAPABILITY QUESTIONS Refusal to answer or omission of response to any question on this form shall be considered a Fatal Flaw and shall result in disqualification of the Bidder. Answers should be typewritten or printed neatly in black or blue ink. All 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. Question How many years has your organization been in business in New Jersey as a contractor under your present business name and license number? List any other names under which the bidder, its partners or officers have conducted business in the past five years. Response Years Lic # Company official shall initial all statements initial initial Has the bidder failed to perform any contract awarded to it by the Borough of Millstone 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. Yes No initial 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 Council in the past five years? If the answer is "Yes", state when, where and why. A complete explanation is required Yes No initial How many years' experience does your firm have as a licensed contractor? Years initial Q-21

31 Question Is your firm in good standing with the Department of Labor, or have they ever licenses suspended, put on probation, or revoked? (Check One) How many times in the last five (5) years has your company received Non-responsive Notices on public works contracts? Within the last five (5) years, how many lawsuits brought by suppliers, subcontractors, prime contractors, or owners have been defended in court by your firm and preceded to judgment against your firm and/or any individual key Person from your firm? Within the last five (5) years, how many times has your company been awarded a contract in which you failed to execute a contract? Note: Failure to Execute is any of the following: (1) Refusal to pick up, sign, and/or return contract documents; (2) Inability to obtain insurance and/or bond requirements; or (3) Failure to submit required agreement forms such as a Public Works Contractor Registration, Business Registration Certificate, or Certificates of Insurance. Has your firm been assessed liquidated damages on any contract within the past five (5) years? Has an owner ever made a demand on your performance bond? Has your firm ever had insurance terminated by a carrier in the past five (5) years due to an excessive claims history and/or nonpayment of premium? Within the past five (5) years, have any of your employees or another entity (including an Owner) filed a complaint against your firm with the New Jersey Department of Labor? If yes, how many complaints were filed? Has your firm or any related affiliate ever filed bankruptcy or re-organization under the bankruptcy laws? Response Never Suspended or on Probation Suspended Probation Revoked Notices Lawsuits Times Company official shall initial all statements initial initial initial initial Yes No initial Yes No initial Yes No initial Yes No Complaints initial Yes No initial Q-22

32 What size contracts is your company currently contracted for?: Largest Single job: $ Total Work in Progress: $ List all 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. Add additional pages if necessary. Name of contracting unit: Approximate population of contracting unit; Term of contract from/to: How were materials collected? Give location of disposal site or sites and methods used in the disposal of solid waste: Name and telephone number of Contract Administrator or some other official in charge of collection and disposal: Additional remarks Supply the most recent Annual Report, as required to be filed with the Department of Environmental Protection. If the company has recently entered the collection business and has not been required to file an annual report, a financial statement for the most recent year, which includes at a minimum the bidder's assets, shall be submitted, or a financial statement for the most recent year from the bidder's parent company shall be submitted, provided the parent company's financial statement lists the assets of the bidder's company separately. Copy Attached Yes No Q-23

33 INSURANCE CERTIFICATION I have a liability insurance policy with a policy limit of at least $1,000,000 per occurrence and $3,000,000 aggregate. I have a workers compensation insurance policy as required by the New Jersey Department of Labor. Yes Yes No No Please provide a Current Certificate of Insurance as verification copy attached OR Amount of Insurance $ Years with Ins. Co.: Insurance Company Name: Address: Contact Name: Contact Phone Contact Fax: Printed Name of Authorized Agent Signature of Authorized Agent Title Date Company Name Q-24

34 BOROUGH OF MILLSTONE, SOMERSET COUNTY TAXPAYER IDENTIFICATION Q-25

35 EQUIPMENT CERTIFICATION I certify that I am the duly authorized agent of the Bidder and am authorized to make this Certification on their behalf. 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, model and year of each vehicle, the capacity, years of service, present condition and the type and size of the truck bodies. Where can this equipment described above be inspected 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. 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. If the equipment to be leased or purchased is not located at the address(s) given above in answer 9, identify where the equipment can be inspected. Therefor, I hereby certify that the Bidder owns or controls all the necessary equipment required to accomplish the work described in this Bid document, including, but not limited to, the Scope of Work. Printed Name of Authorized Agent Signature of Authorized Agent Title Date Company Name Q-26

36 DEBARMENT CERTIFICATION CERTIFICATION REGARDING THE DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER COVERED TRANSACTIONS I hereby certify that I am the duly authorized agent of the Applicant and am authorized to make this Certification on their behalf. CHOOSE ONE OF THE FOLLOWING I hereby certify, under penalty of perjury under the laws of the United States and the State of New Jersey, on behalf of the Bidder that neither they nor their principals are debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any state, federal or local government agency. I am unable to certify to any of the statements set forth in this Certification. I have attached an explanation to this form. Printed Name of Authorized Agent Signature of Authorized Agent Title Date Company Name Q-27

37 CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY A-901 APPROVAL LETTER Attach an original copy of certificate of public convenience and necessity together with an original copy of a-901 approval letter License: Name: Address: Contact Name: Contact Phone Contact Fax: Printed Name of Authorized Agent Signature of Authorized Agent Title Date Company Name Q-28

38 VEHICLE DEDICATION AFFIDAVIT STATE OF NEW JERSEY } COUNTY OF } SS: Solid Waste Collection Services I (print name) am the/a (title) for the within named Bidder. and being duly sworn, I depose and say: 1. All statements contained in this affidavit are true and correct and made with full knowledge that the State of New Jersey and the Borough Council rely upon the truth of the statements contained in this affidavit and in said Bid Proposal in signing the contract for the said project. 2. At all times during the performance of the collection contract, I agree to commit, for use only in the in the Borough of Millstone, 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 Millstone is not feasible, that the Borough of Millstone will not be responsible for disposal costs for waste generated outside the Borough of Millstone. 3. 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 Millstone to damages arising therefrom. Printed Name of Authorized Agent Signature of Authorized Agent Sworn and subscribed to before me on this day of, 20 Printed Name of Notary, ID# and Expiration Date Signature of Notary SEAL Q-29

39 RESPONSIBILITY ACKNOWLEDGEMENT POST CONTRACT AWARD The undersigned hereby acknowledges that the following documents as required by the Checklist of Required Documents shall be submitted to Borough Clerk within 10 days after receiving a Notice of Award for this Project. Performance Bond In accordance with Borough requirements of Bonds or Security Required Certification of Insurance In accordance with Borough requirements of Insurance Signed Contracts In accordance with Borough requirements of Notification of Award Initial Project Workforce Report In accordance with Borough requirements of Required Affirmative Action Evidence Printed Name of Authorized Agent Signature of Authorized Agent Title Date Company Name Q-30

40 DEFINITIONS GENERAL INFORMATION FOR BIDDER Addenda - Published written instructions issued to Bidders prior to Bid Opening: These become part of the Contract at time of execution, Addenda receipt s having been acknowledged by Bidder on his Bid Forms. Assessed Liquidated Damages - Shall mean any funds withheld due to a contract exceeding the amount of time allotted. The Liquidated Damages do not need to be paid or collected to be assessed. Clarification Written response to bidder questions that do not substantially change the specifications or their intent. Written Clarifications are not formal and will be distributed to all plan holders through the most expeditious means possible; , fax, etc. Written clarifications DO NOT need to be acknowledged by the bidder on the bid forms. Contract - The Contract initially consists of but is not limited to, the following Documents: Instructions to Bidders, Bid Proposal Forms, Contract, Bid Bond, Other Bonds (Performance, Payment, Completion, and Maintenance), Insurance Certificate s, Agreement, General Conditions, Drawings, Specifications, Exhibits and Addenda, if any. After the Contract is executed, then later Owner-approved Change Orders, if any, become integral parts of the Contract Documents. Contractor - A person, partnership, firm, corporation, or other legal entity, including its agents, servants, and employees, with which a Contract is made by the Owner. Department Manager Shall mean the person in charge of the Borough department that will make the decisions regarding the project. Key Person - Shall mean the Owner, Partner, Corporate Officer, and/or any other individual who would be making decisions on a contracted project. Lowest Responsible Bidder or Vendor - means the bidder or vendor: (a) whose response to a request for bids offers the lowest price and is responsive; and (b) who is responsible. Not Substantially Experienced shall mean the bidder has made three (3) or more Unwarranted Requests. Bidders deemed Not Substantially Experienced may have their bid declared Not Responsive and disqualified due to the failure to follow directions. Unwarranted Requests shall mean written requests where the answer is clearly stated in the Bid Documents and due to the Bidders failure to read the documents makes a request for information or makes verbal requests when noticed that ALL questions shall be in writing and continues to make requests despite being noticed to read the documents. Owner Borough of Millstone, 1353 Main Street, Millstone, NJ Owners Representative - Shall mean the Borough Clerk or their designee. Prime Contractor - Shall mean the individual or firm who has entered into a contractual relationship to provide goods or services. Public Work - means building, altering, repairing, improving or demolishing any public structure or facility constructed or acquired by a contracting unit to house local government functions or provide water, waste disposal, power, transportation, and other public infrastructures. IFB-1

41 Purchasing Agent - means the individual duly assigned the authority, responsibility, and accountability for the purchasing activity of the contracting unit, and who has such duties as are defined by an authority appropriate to the form and structure of the contracting unit, and P.L.1971, c.198 (N.J.S.A. 40A:11-1 et seq.). Responsible - means able to complete the contract in accordance with its requirements, including but not limited to requirements pertaining to experience, moral integrity, operating capacity, financial capacity, credit, and workforce, equipment, and facilities availability. N.J.S.A. 40A:11-1 et seq.. Responsive - means conforming in all material respects to the terms and conditions, specifications, legal requirements, and other provisions of the request. Subcontractor or Supplier - A person, partnership, firm, or corporation, or other legal entity supplying equipment and materials and/or only labor for work at the Project site for and under separate contract or agreement with the Contractor and for which that Contractor is solely responsible. Work - Includes all materials and equipment to be incorporated in the intended construction, and all labor and management and other services necessary to produce the construction intended by the specific Contract described in the Project Contract Documents. This definition is the common one in use by the Architectural and Engineering Professions and the Construction Industry. RESPONSIBLE BIDDER INFORMATION Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) requires the governing body of any municipality to award a contract to the lowest Responsible and Responsive Bidder. In accordance with Local Public Contracts Law, all Bidders shall complete these Bid Documents in their entirety. A person who is knowledgeable and duly authorized to attest to the past and present operations of the bidder and its policies must complete the Bid. All questions must be answered. Disclaimers, general statements with global qualifications, or notations of Not Applicable are not acceptable. Any pages containing supplemental information, and other documentation which the Bidder submits to ensure full disclosure, shall be attached to the Bid. The Applicant must provide current, accurate, and complete information. Incomplete or inaccurate documentation shall result in a non-curable defect in the Bid Documents. The Borough reserves the right to verify the information submitted by the Bidder, in any related documents, or by supplemental information or data as necessary. If it is determined that false or misleading information or data was submitted in conjunction with the Application, the Borough shall consider the Bid fatal and deny award. RECEIPT OF BID 1. Bids shall be received in accordance with public advertisement as required by law, a copy of said notice being attached hereto and made a part of these specifications. 2. Each Bid shall be submitted on the proposal forms attached, in a sealed envelope addressed to the Purchasing Agent bearing the name and address of the bidder on the outside, and clearly marked "BID" with the name of the item(s) and contract number being bid. 3. It is the Bidder's responsibility to see that bids are presented to the Purchasing Agent at the time and place designated. Bids may be hand delivered or mailed; however, it is Bidder s responsibility for the delivery of the Bid. Bids received after the designated time and date will not be considered. IFB-2

42 4. The Borough reserves the right to postpone the date for opening of Bids and will give written notice of any such postponement to each prospective bidder as required by law. BID PROPOSAL FORM Bids must be submitted on the "Bid Proposal" form included in the bid package. All blank spaces must be filled in. All proposals shall be typewritten or written in ink on the forms. Unit prices and totals must be inserted in the space provided. Insert N/A in the blanks if not applicable, N/A is not acceptable on any Q pages. Proposals showing any erasure, alteration or interlineations must be initialed by the bidder in ink. Failure to comply may be cause for rejection of the Bid. Where discrepancies occur between the unit price and the extension, the unit price will prevail. If the amount shown in words and its equivalent figures do not agree, the written words shall be binding. Ditto marks are not considered writing or printing and shall not be used. If there is an error of the summation of the extended totals, the computation by the Borough of the extended totals shall govern. SIGNATURE ON BID PROPOSAL FORM If the Bidder is an individual, the Bid Proposal Form must be signed by the individual. If the Bidder is not an individual, the Bid Proposal Form must be signed by a person authorized to sign on behalf of the Bidder. BONDS OR SECURITY REQUIRED 1. BID SECURITY: When required by the Bid documents, the Bidder shall submit Bid security required for the attached proposal. If so, the Bidder shall submit with the Bid a certified check, cashier's check or Bid Bond in the amount of ten percent (10%) of the total price Bid, but not in excess of $20,000, payable unconditionally to the Borough of Millstone. All bonds will be written by a surety company licensed to do business in the State of New Jersey and approved by the Borough attorney. The Bid security shall be returned to unsuccessful bidders as prescribed by law. The check or bond of the Bidder to whom the contract is awarded shall be retained until a contract is executed and the required Performance Bond or other security is submitted. The check or bond of the successful bidder shall be forfeited if the Bidder fails to enter into a contract pursuant to statute. Failure to submit required guarantee shall be cause for rejection of the bid. a. Language that limits the Bid Bond to the DIFFERENCE between bid amount and such larger amount for which the Borough could contract, SHALL not be acceptable and shall be considered in non-compliance and as such will cause the entire bid to be non-responsive and be thrown out. 2. PERFORMANCE BONDS: When required by the Bid documents, the Bidder shall submit a Performance Bond for the entire term of the Contract for the attached proposal within ten (10) days after the award of the contract, obtain, pay for and deliver to the Borough of Millstone a Performance Bond for one hundred percent (100%) of the contract sum satisfactory to the Borough and executed by a surety company licensed to do business in the State of New Jersey. The Performance Bond shall assure fulfillment of the contract in all respects and shall provide for payment in the event of the Contractor's failure to perform all of its obligations according to the contract and make full reimbursement to the Borough of Millstone for all expenses incurred in making good any default. The Performance Bond shall also contain a waiver of notice for alternations, additions, deductions, extensions of time or other modifications of the contract. IFB-3

43 3. MAINTENANCE BONDS: When required by the Bid documents, the Bidder shall submit a Maintenance Bond for the attached proposal in a sum equal to fifteen percent (15%) of the contract price. The Maintenance Bond and the surety corporation shall be satisfactory to the Borough of Millstone and the Maintenance Bond shall remain in full force for a period of two (2) years. 4. ALL BONDS will be written by a surety company licensed to do all business in the State of New Jersey in a form approved by the Borough Attorney. If any surety shall become insolvent, or come under the control of a receiver, trustee or other fiduciary, or cease to do business at any time prior to final payment under this contract, the Contractor shall promptly obtain, pay for and deliver to the Borough, at the sole expense of the bidder or Contractor, a replacement for the Bond. Until such replacement Bond is delivered, the Borough shall make no further payments to the Contractor. CONSENT OF SURETY If a Performance Bond is required, the Bidder shall submit with the Bid a Consent of Surety for the full amount of the Bid price from a surety company licensed to do all business in the State of New Jersey in a form approved by the Borough attorney stating that it will provide said Bidder with a Performance Bond in the full amount of the Bid. The Consent of Surety shall be obtained in order to confirm that the Bidder to whom the contract is awarded will furnish Performance bonds from an acceptable surety company pursuant to statute. Failure to submit Consent of Surety shall be cause for rejection of the Bid. QUESTIONS/CHALLENGES REGARDING PLANS AND SPECIFICATIONS Should any Bidder be in doubt as to the intent of the plans and/or specifications, they should immediately notify the Purchasing Agent, in writing, who will then send written addenda or clarification to all bidders covering the point in question. Bidders may not rely on oral responses to inquiries. In order to comply with statutory notice requirements, all challenges must be received by the Purchasing Agent no later than seven (7) business days prior to the bid opening date. Questions/Challenges filed after that time shall be considered void and having no impact on the contracting unit or the award of the contract. Bidders are cautioned that responses may not be issued were it is determined the specifications clearly and concisely provide the answer to the question. In these situations the Bidder will receive a page number to the appropriate section of the technical specifications. Continued requests (Unwarranted Requests) for information which is available in the Bid Documents shall result in responses being held and the Bidder being put on notice that they may be deemed Not Sufficiently Experienced and their bid being considered fatally flawed due to the Bidder being Not Responsive and be thrown out. INTERPRETATIONS AND ADDENDA 1. The Bidder is responsible for understanding all of the Bid documents that have been provided by the Borough. 2. Bidders are expected to examine the specifications and related documents with care and observe all their requirements. Ambiguities, errors or omissions noted by bidders should be promptly reported in writing, via to millstoneclerk@comcast.net attention. If the Bidder fails to notify the Borough of such ambiguities, errors or omissions, the Bidder shall be bound by the Bid. 3. No oral interpretation of the meaning of the specifications will be made to any Bidder. Every request for an interpretation shall be in writing, via to millstoneclerk@comcast.net. IFB-4

44 Questions shall also be submitted in the same way. In order to be given consideration, written requests for interpretation must be received at least seven (7) calendar days prior to the date fixed for the opening of the Bids. 4. The Purchasing Agent will utilize two methods to handle questions. 1) Any questions that require a substantial change in the Bid document due to errors or omissions will be in the form of written addenda to the specifications and will be distributed to all prospective Bidders in accordance with statute. 2) All addenda so issued shall become part of the contract documents, and shall be acknowledge by the Bidder in the Bid. Questions that do not arise to the level of addenda will be issued as clarification to the Bid documents and be delivered in the most expeditious way possible, or fax to all Bidders that have picked up Bid documents. The Borough s interpretations or corrections thereof shall be final. BRAND NAMES, STANDARDS OF QUALITY, PATENTS (N.J.A.C. 5: ) 1. Only manufactured and farm products of the United States, wherever available, shall be used on this contract, pursuant to statute. 2. Brand names and or descriptions when used in this Bid are to acquaint Bidders with the type of commodity desired and will be used as a standard by which alternate or competitive materials offered will be judged. Competitive items must be equal to the standard described and be of the same quality of work. Variations between materials described and the materials offered are to be fully explained by the Bidder on a separate sheet and submitted with the proposal form. Vendor's literature will not suffice in explaining exceptions to these specifications. 3. Brand names for which equivalency will not be accepted shall be noted in the appendix with a description as to why only the brand name will be accepted. Use of brand names when no alternative will be accepted shall comply with Local Public Contracts Law. 4. It is the responsibility of the Bidder to demonstrate the equivalency of item(s) offered. The Borough reserves the right to evaluate the equality of any exceptions. 5. Wherever practical and economical to the Borough, recycled or recyclable products should be provided. Please indicate when recycled products are being offered. EQUAL OR TIE BIDS The Borough of Millstone reserves the right to award the project, in its discretion, to any of the tie Bidders that serve the best interest of the Borough. WITHDRAWING A BID A written request for the withdrawal of a Bid will be granted if the request is received by the Purchasing Agent prior to the specified time of the Bid opening. Bids for Public Works may be withdrawn in accordance with N.J.S.A. 40A: as described in Local Finance Notice which may be found at Bids not for Public Works Projects cannot be withdrawn after the time set for receiving bids, nor can any changes in price or other details be made by letter, telefax, electronic mail or verbal statement. IFB-5

45 REJECTION OF BIDS The Borough reserves the right to reject Bids and/or to waive any minor informality in any Bid should it be deemed in the best interest of the Borough to do so in accordance with N.J.S.A. 40A: Bids shall be rejected in accordance with the Checklist of Required Documents. PROCEDURES ON AWARD OF CONTRACT Within fourteen calendar days of the award of the contract, the Borough of Millstone 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 of Millstone to declare the contractor non-responsive and to award the contract to the next lowest bidder. This contract will be awarded to the lowest responsible/responsive Bidder submitting a proper bid. NOTIFICATION OF AWARD 1. Upon adoption of a Borough Council Resolution awarding the Contract, the Purchasing Agent will forward two (2) sets of contract documents, signed by the Mayor, for execution and delivery along with a copy of the Resolution to the successful Bidder. Within ten (10) days of the date of the award of the contract, the successful Bidder shall return one (1) fully executed set of the contract documents to the Purchasing Agent with the documentation as required by the Checklist of Required Documents. On receipt of the contract documents duly executed by the Bidder a Purchase Order with a Notice to Proceed will be issued. 2. No Resolution of Award will become binding on the Borough before the contract documents have been fully executed by all parties and all requirements of the Checklist of Required Documents have been met. 3. Should the successful Bidder fail to execute the contract within ten (10) days of notification of award, the Borough will be free to award the contract to another Bidder, and the Borough will have the right to proceed against the Bid Bond. ASSIGNING THE CONTRACT The contract shall not be sublet, assigned, pledged, hypothecated or sold, in whole or in part, without the written permission of the Borough. TERMINATION OF CONTRACT 1. DEFAULT: Non-performance of the Contractor in terms of specifications shall be a basis for termination of the contract by the Borough. The Borough may terminate in accordance with the provisions of Paragraph 5, below. The Borough shall not pay for any services and/or materials which are unsatisfactory. The Contractor may be given a reasonable opportunity before termination to correct the deficiencies. This, however, shall in no way be construed as negating the basis for termination for non-performance, in the event the deficiencies are not adequately corrected. IFB-6

46 2. UNCONDITIONAL TERMINATION FOR CONVENIENCE: The Borough may terminate the resultant contact for convenience by providing sixty (60) calendar days advance notice to the Contractor. 3. TERMINATION FOR DEFAULT: If the Contractor fails to meet deadlines, or fails to provide the agreed upon services, and or material altogether, a termination for default will be issued, but only after the Borough has determined the Contractor has failed to remedy the problem after being forewarned. 4. SUSPENSION OF WORK - CONTRACTOR AT FAULT: The Owner shall have the right to suspend the work wholly or in part, when in the opinion of the Engineer, the Contractor is not doing the work in accordance with the provisions of the Contract Documents. If it should become necessary to stop the work, the Contractor shall, at the Contractor's expense, repair all streets, sidewalks, etc. that have been excavated so that they are in such a condition that the traveling public may safely pass. All materials shall be stored so as not to obstruct or impede traffic. The Contractor shall make no claims for delays caused by this suspension. No extension will be granted by the Owner, and once the work is allowed to continue again, the Contractor shall complete the work in this Contract. 5. TERMINATION BY THE BOROUGH: If the Contractor should be adjudged bankrupt or should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, the Borough may terminate the contract immediately. If the Contractor should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to provide enough properly skilled workers or proper materials, or persistently disregard laws and ordinances, or not proceed with work or fail to meet any other provisions of this contract, the Borough shall give the Contractor fifteen (15) calendar days written notice. Upon receipt of such termination notice, the Contractor shall be allowed seven (7) calendar days to cure such deficiencies. 6. DISPUTE RESOLUTION: Any disputes arising under the Contract shall be resolved in accordance with and subject to the limitations contained in N.J.S.A. 40A: PAYMENT The contract price shall be payable either in one lump sum or as indicated in the Technical Specifications at the first regular monthly meeting of the governing body following satisfactory completion of the contract and presentation of a properly executed purchase voucher. The Borough shall not approve requests for payments for stored goods. All goods and services shall be received and certified by Department Manager before payment requests are processed. INVOICES The Borough of Millstone will not honor any invoices submitted for work performed other than that stipulated by the Contract and unless previously authorized by a written change order from the Borough. All invoices shall be accompanied by certified payroll. THE CONTRACT The following shall be deemed to be part of the Contract, as applicable to this Bid: IFB-7

47 Contract Notice to Bidders Bid Proposal Form General Information to Bidders General Conditions Technical Specifications (General, Special, Supplementary & Detail) Exhibits All Addenda issued by the Borough prior to the receipt of Bids Informal written questions and answers Change Orders BOROUGH CLERKS CONTROL The Borough Clerk shall retain complete control over the Bid process and Bid documents. Required documents spelled out in the Checklist no matter what may or may not be in the Scope of Work is the only documentation the Bidder is required to provide. Directives by Borough consultants are not valid unless approved by the Purchasing Agent or their designee. Approval shall be noted by the initial of the Purchasing Agent or their designee on the Consultant s document. In no case shall the Bidder be obligated to provide more that what is required in the Check List of Required Documents. Specifications are provided for the Bidder so they may understand the scope of the project, not to provide instructions on submittals relating to the Bid opening. The enumeration in the contract documents of particular instances in which the opinion, judgment or direction of the Borough shall control the work, or which work shall be performed to the satisfaction, approval or inspection of the Borough, shall not imply that only matters similar to those enumerated shall be so governed and performed under the control of the Borough. Without exception, all work under the contract documents shall be under the direct control and authority of the Borough. NEW JERSEY PREVAILING WAGE ACT (if required) 1. Pursuant to N.J.S.A. 34: et seq., contractors on projects for public work shall adhere to all requirements of the New Jersey Prevailing Wage Act. 2. The Contractor shall be required to submit a certified payroll record. Such certified payroll record must be submitted within ten (10) days of the payment of the wages. The Contractor is also responsible for obtaining and submitting all subcontractors' certified payroll records within the aforementioned time period. The Contractor shall submit certified payrolls as required in N.J.A.C. 12:60-6.2(c). It will be the Contractor's responsibility to obtain any additional copies of the certified payroll form to be submitted by contacting the Office of Administrative Law, CN 049, Trenton, New Jersey or the New Jersey Department of Labor, Division of Workplace Standards. PUBLIC WORKS CONTRACTOR REGISTRATION ACT (if required) The Public Works Contractor Registration Act (N.J.S.A. 34: et seq.) requires all contractors, subcontractors, or lower tier subcontractors (including subcontractors listed in bid proposal) who bid on or engage in the performance of any public work in New Jersey to register with the NJ Department of Labor & Workforce Development. IFB-8

48 If a contractor bids on or is found working on a public works project without being registered, the maximum penalty for a first violation is $2,500. N.J.S.A. 34: Registration required for contractors, subcontractors: No contractor shall bid on any contract for public work as defined in section 2 of P.L.1963, c. 150 (C.34: ) unless the contractor is registered pursuant to this act. No contractor shall list a subcontractor in a bid proposal for the contract unless the subcontractor is registered pursuant to P.L.1999, c.238 (C.34: et seq.) at the time the bid is made. No contractor or subcontractor, including a subcontractor not listed in the bid proposal, shall engage in the performance of any public work subject to the contract, unless the contractor or subcontractor is registered pursuant to that act. For Further Information Contact: Contractor Registration Unit, New Jersey Department of Labor, Division of Wage & Hour Compliance, P.O. Box 389, Trenton, N. J , Telephone: (609) , Fax: (609) , contreg@dol.state.nj.us INSURANCE The Contractor will not be allowed to begin work under this contract until he has all insurance required under the contract documents and the insurance has been approved by the Borough. The Contractor shall not allow any sub-contractor to begin work on his sub-contract until the insurance required of the sub-contractor has been obtained and approved. The insurance required shall be maintained in full force and in effect until all work to be performed under the terms of the contract is satisfactorily completed and accepted by the Borough. A. Workers Compensation Insurance: The Contractor shall procure and maintain during the life of the contract Workers Compensation Insurance for all personnel engaged in work on the project, and in the case of any sublet, the Contractor shall require the sub-contractor similarly to provide Workers Compensation Insurance for all of the latter's personnel unless such employees are covered by the Contractor's Insurance. In case any class of personnel engaged in hazardous work on the project under this contract are not protected under the Workers Compensation Statute, the Contractor shall provide and cause each sub-contractor to provide adequate employer's general liability insurance for the protection of such of his personnel as are otherwise protected. B. Contractor's Public Liability and Property Damage Insurance: Commercial General Liability insurance coverage, written on an occurrence basis must not be altered by any endorsements limiting coverage. Limits of liability shall not be less than the following: $2,000,000 General Aggregate per location/per job $2,000,000 Products/Completed Operations $1,000,000 Personal Injury and Advertising Injury $1,000,000 Each Occurrence Combined Single Limit for Bodily Injury and Property Damage to include: IFB-9

49 C. Contractor's Automobile Liability and Property Damage Insurance: The Contractor shall procure and shall maintain during the life of the contract Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit per occurrence. The Contractor shall also carry insurance in the same amounts stipulated above on all vehicles not owned by him, but which are used in connection with the work being performed under this contract. D. Owners Protective Liability Policy (OCP) with minimum limits of $1,000,000. The policy Named Insured would be the Borough of Millstone as Owner. The policy would also show the Contractor as Designated Contractor. This policy will protect the Named Insured (the municipality) for the negligent acts of the Designated Contractor (Contractor). E. Umbrella Liability Insurance Policy written on an occurrence basis with a minimum combined single limits of see below as Follow Form excess of the Contractor s Employer s Liability, Commercial General Liability and Comprehensive Automobile Liability insurance policies required herein. Coverage to include on site limited pollution. The OCP policy as required in item #D should be an underlying policy. Project Cost Umbrella Limit $50,000 and below $1,000,000 Over $50,000 to $500,000 $3,000,000 Over $500,000 to $1,000,000 $5,000,000 Over $1,000,000 $10,000,000 F. Contractor shall carry, during the life of the contract and any extension thereof, Builders Risk Insurance covering all risks of physical loss or damage to property in an amount equal to 100% completed value basis of the work contracted herein. If applicable. G. Proof of Insurance: The Contractor shall furnish the Borough with satisfactory proof of carriage of the insurance required by submitting the original insurance policies and endorsements or properly executed Certificates of Insurance (COI). Each insurance policy and endorsement shall contain undertaking by the insurance carrier not to cancel the policy or reduce the limits except upon thirty (30) days notice to the Borough by certified mail, return receipt requested. The liability policies and endorsements or COI shall specifically refer to the Borough and its officers, agents and employees as additional insured parties and shall state that the insurance as provided conforms to the requirements of these contract documents. All insurance required by this contract shall be placed with responsible insurance companies authorized to do business in the State of New Jersey, which are satisfactory to the Borough. The policies shall include waiver of rights of subrogation. H. Subcontractors Insurance. Subcontractors shall mirror the general contractors insurance in every aspect except for the Umbrella insurance. The subcontractors umbrella policy coverage shall coincide for with the value of work to be provided by the subcontractor in accordance with the chart above titled Umbrella Insurance. IFB-10

50 ACCIDENTS, INJURIES, DAMAGES 1. If it becomes necessary for the Contractor, either as principal or by agent or employee, to enter upon the premises or property of the Borough in order to construct, erect, inspect, make delivery or remove property hereunder, the Contractor hereby covenants and agrees to take use, provide and make all proper, necessary and sufficient precautions, safeguards, and protection against the occurrence of happenings of any accidents, injuries, damages, or hurt to person or property during the course of the work herein covered and be his/her sole responsibility. 2. The Contractor further covenants and agrees to indemnify and save harmless the Borough from the payment of all sums of money or any other consideration(s) by reason of any, or all, such accidents, injuries, damages, or hurt that may happen or occur upon or about such work and all fines, penalties and loss incurred for or by reason of the violation of any Borough regulation, ordinance or the laws of the State, or the United States while said work is in progress. 3. The Contractor will not be allowed to begin work under this contract until he has all insurance required under the contract documents and the insurance has been approved by the Borough. The Contractor shall not allow any sub-contractor to begin work on his sub-contract until the insurance required of the sub-contractor has been obtained and approved by the Borough. The Contractor shall maintain sufficient insurance to protect against all claims under Workers Compensation, General Liability and Automobile. The insurance required shall be maintained in full force and effect until all work to be performed under the terms of the contract is satisfactorily completed and accepted by the Borough. And shall be subject to approval for adequacy of protection and certificates of such insurance shall be provided the Borough when required. In all cases where a Certificate of Insurance is required, the Borough is to be named as an additional insured. 4. Contractor Assumes Absolute Liability: The liability of the Contractor hereunder, for all injuries to persons or damages to persons or damages to property, is absolute and is not dependent upon any question of negligence on his or its part or on the part of his or its agents, servants or employees, and neither the approval of the Department Manager of the methods of doing the work, nor the failure of the Department Manager to call attention to improper or inadequate methods or to require a change in method nor the neglect of the Department Manager to direct the Contractor to take any particular precautions or to refrain from doing any particular thing, shall excuse the Contractor in case of any such injury to persons or damages to property. 5. All of the Contractor's insurance coverage shall contain a clause indemnifying and saving harmless the Borough and its officers, agents and employees from any and all liability of whatever nature arising from the work to be performed under the Contract, including attorney's fees and costs in connection with the defense of such claims. The certificate of insurance furnished by the Contractor shall state specifically that the above indemnification is guaranteed by the policy. Such statement, if not included in the body of the policy will be typed on the face or back of the certificate. INDEMNIFICATION The Contractor agrees to indemnify and save harmless the Borough, its officers, agents and employees, hereinafter referred to as indemnities, from all suits, including attorney's fees and costs of litigation, actions, loss damage, expense, cost of claims, of any character; or on account of any act, claim or amount arising or IFB-11

51 recovered under Workers Compensation law, or arising out of failure of the Contractor or those acting under Contractor to conform to any statutes, ordinances, regulations, law or court decree. It is the intent of the parties to this contract that the indemnities shall, in all instances, except for loss or damage resulting from the sole negligence of the indemnities, be indemnified against all liability, loss or damage of any nature whatever. EMPLOYMENT OF SUFFICIENT LABOR AND EQUIPMENT If, in the opinion of the Borough, the Contractor is not employing sufficient labor or equipment to complete his contract within the time specified, the Borough may, after giving written notice, require the Contractor to employ such additional labor and equipment as may be necessary to enable the work to progress properly. Any refusal to increase labor forces or equipment to sufficient levels will be considered a breach of contract. INTOXICATING BEVERAGES The Contractor shall not sell, permit nor suffer the introduction or use of intoxicating beverages upon or about the work embraced in this contract. COMPLIANCE WITH LAWS The Contractor shall keep himself fully informed of, and observe and comply with, all state, national and municipal laws in any manner affecting those engaged or employed in the work or the materials used in the work and of all such orders and decrees for bodies having any jurisdiction or authority over the same. If any discrepancy is discovered in the specifications in relation to any such law, ordinance, regulation, order or decree, the Contractor shall notify the Borough in writing. The Contractor shall protect and indemnify the Borough, its officers and agents against any claim or liability arising from a violation of any law, regulation, ordinance, order or decree whether by himself or his employees or sub-contractors. NEW JERSEY PREVAILING WAGE ACT (if required) 1. Pursuant to N.J.S.A. 34: et seq., contractors on projects for public work shall adhere to all requirements of the New Jersey Prevailing Wage Act. 2. The Contractor shall be required to submit a certified payroll record. Such certified payroll record must be submitted within ten (10) days of the payment of the wages. The Contractor is also responsible for obtaining and submitting all subcontractors' certified payroll records within the aforementioned time period. The Contractor shall submit certified payrolls as required in N.J.A.C. 12:60-6.2(c). It will be the Contractor's responsibility to obtain any additional copies of the certified payroll form to be submitted by contacting the Office of Administrative Law, CN 049, Trenton, New Jersey or the New Jersey Department of Labor, Division of Workplace Standards. BUSINESS REGISTRATION CERTIFICATE N.J.S.A. 52:32-44 requires that each Bidder (contractor) submit proof of business registration with the bid proposal. Proof of registration shall be a copy of the bidder s Business Registration Certificate (BRC). A BRC is obtained from the New Jersey Division of Revenue. Information on obtaining a BRC is available on the internet at or by phone at (609) N.J.S.A. 52:32-44 IFB-12

52 imposes the following requirements on contractors and all subcontractors that knowingly provide goods or perform services for a contractor fulfilling this contract: 1) The contractor shall provide written notice to its subcontractors and suppliers to submit proof of business registration to the contractor; 2) Prior to receipt of final payment from a contracting agency, the contractor must submit to the contacting agency an accurate list of all subcontractors or attest that none was used; 3) During the term of this contract, the contractor and its affiliates shall collect and remit, and shall notify all subcontractors and their affiliates that they must collect and remit to the Director, New Jersey Division of Taxation, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A. 54:32B-1 et seq.) on all sales of tangible personal property delivered into this State. A contractor, subcontractor or supplier who fails to provide proof of business registration or provides false business registration information shall be liable to a penalty of $25 for each day of violation, not to exceed $50,000 for each business registration not properly provided or maintained under a contract with a contracting agency. Information on the law and its requirements is available by calling (609) REFERENCES Contractors bidding on the Project shall submit references for work on similar projects listing the name, address, contact person and telephone number with their bid proposal. Failure to provide an itemized list for a full two (2) years work history may result in their bid being disqualified. AFFIDAVIT OF NON-COLLUSION The Non-Collusion Affidavit, which is part of these specifications, shall be properly executed and submitted intact with the proposal. NON-DISCRIMINATION There shall be no discrimination against any employee engaged in the work required to produce the commodities covered by any contract resulting from this bid, or against any applicant to such employment because of race, religion, sex, national origin, creed, color, ancestry, age, marital status, affectional or sexual orientation, familial status, liability for service in the Armed Forces of the United States, or nationality. This provision shall include, but not be limited to the following: employment upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor shall insert a similar provision in all subcontracts for services to be covered by any contract resulting from this bid. REQUIRED AFFIRMATIVE ACTION EVIDENCE Each contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents: IFB-13

53 1. A photocopy of a valid letter that the contractor is operating under an existing Federally approved or sanctioned affirmative action program (good for one year from the date of the letter); or 2. A photocopy of a Certificate of Employee Information Report approval, issued in accordance with N.J.A.C. 17:27-4; or 3. A photocopy of an Employee Information Report (Form AA302) provided by the Division and distributed to the public agency to be completed by the contractor in accordance with N.J.A.C. 17:27-4. WORKER AND COMMUNITY RIGHT TO KNOW ACT The manufacturer or supplier of a substance or mixture shall supply the Chemical Abstracts Service number of all the components of the mixture or substance and the chemical name to assure that every container bears a proper label. Further, all applicable Material Safety Data Sheets (MSDS), also known as hazardous substance fact sheet, must be furnished to the Borough. STATEMENT OF OWNERSHIP N.J.S.A. 52: provides that no corporation or partnership shall be awarded any Borough 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 or partnership, there is submitted a statement setting forth the names and addresses of all stockholders in the corporation or partnership who own ten per cent or more of its stock or any class, or of all individual partners in the partnership who own a ten percent or greater interest therein. Form of Statement shall be completed and attached to the bid proposal. ACQUISITIONS, MERGER, SALE AND/OR TRANSFER OF BUSINESS, ETC. If during the life of the contract, the Contractor disposes of his/her/its business concern by acquisition, merger, sale and/or transfer or by any means convey those interest(s) to another party, all obligations pursuant to this contract are transferred to that new party. In this event, the new owner(s) will be required to submit, when required, a performance bond in the amount of the open balance of the contract. POLITICAL CONTRIBUTIONS Starting in January, 2007, 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) pursuant to N.J.S.A. 19:44A 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 PROHIBITED CONTRACT AWARDS P.L. 2012, c.25 prohibits State and local public contracts with persons or entities engaging in certain investment activities in energy or finance sectors of Iran. IFB-14

54 Certification Required. 4. a. A State agency shall require a person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract to certify, at the time the bid is submitted or the contract is renewed, that the person or entity is not identified on a list created pursuant to subsection b. of section 3 of this act as a person or entity engaging in investment activities in Iran described in subsection f. of section 2 of this act. b. The certification required shall be executed on behalf of the applicable person or entity by an authorized officer or representative of the person or entity. c. In the event that a person or entity is unable to make the certification required because it or one of its parents, subsidiaries, or affiliates as defined in subsection e. of section 2 of this act has engaged in one or more of the activities specified in subsection f. of section 2 of this act, the person or entity shall provide to the State agency concerned, prior to the deadline for delivery of such certification, a detailed and precise description of such activities, such description to be provided under penalty of perjury. d. The certifications provided under subsection a. of this section and disclosures provided under subsection c. of this section shall be disclosed to the public. False Certification, Penalties. 5. a. If the department determines, using credible information available to the public and after providing 90 days written notice and an opportunity to comment in writing for the person or entity to demonstrate that it is not engaged in investment activities in Iran, that the person or entity has submitted a false certification pursuant to section 4 of this act, and the person or entity fails to demonstrate to the department that the person or entity has ceased its engagement in the investment activities in Iran within 90 days after the determination of a false certification, the following shall apply: (1) Pursuant to an action under subsection b. of this section, a civil penalty in an amount that is equal to the greater of $1,000,000 or twice the amount of the contract for which the false certification was made. (2) Termination of an existing contract with the State agency as deemed appropriate by the State agency. (3) Ineligibility to bid on a contract for a period of three years from the date of the determination that the person or entity submitted the false certification DISPUTE RESOLUTION Any disputes arising under this Contract shall be resolved in accordance with and subject to the limitations contained in N.J.S.A. 40A: IFB-15

55 REFERENCE INTERVIEW QUESTIONS No action on your part is necessary. These questions are for your information only. The following questions will be used by the Borough to interview randomly selected contacts from at least three (3) contracts. An unsatisfactory response shall require the bidder to explain in writing. 1. Are there any outstanding stop notices or liens currently unresolved on contracts that have had notices of completion recorded? 2. Did the contractor provide adequate personnel and equipment? 3. Did the contractor provide adequate supervision? 4. Do you think the contractor is capable of handling projects greater than the bid amount as Prime Contractor? 5. Was the contractor timely in providing reports and other paperwork, including change order paperwork? 6. Was the contractor timely in completing the project? 7. Were there excessive change orders on the job that can be faulted to the contractor or his subcontractors? 8. When a change order was issued, did the contractor perform the work efficiently, and did it integrate into the existing work easily? 9. How has the contractor been performing in the area of taking care of warranty items? 10. Did you have difficulty with claims? 11. How would you rate the contractor's overall performance on a scale of 1-10 with 10 being outstanding? 12. Would you want to work with them again? 13. Describe any significant safety issues with the Contract. Office use Only 14. Subcontractor/supplier question: Does this contractor pay his bills on time? IFB-16

56 SAMPLE CONTRACT This CONTRACT is made on XXXXXXXXX BETWEEN Borough of Millstone, a Municipal Corporation, whose address is 1353 Main Street, Millstone, New Jersey 08854, referred to as Millstone. AND CONTRACTOR (Hereinafter referred to as the "Contractor"). RECITALS. 1. A bid for Project (hereinafter referred to as the Project ) was received from the Contractor by the Borough on Bid Date; and 2. The Contractor was thereafter awarded a contract by the Millstone Borough Council for the Project. AGREEMENT The Contractor and the Borough, for and in consideration herein specified, hereby agree as follows: 1. The Contractor shall undertake and complete the Project as indicated on their Bid Proposal and in strict and entire conformity with the Scope of Work, General Conditions and all other requirements contained in the Bid Documents. 2. Signed contract and all required bonds, surety, and certification must be returned in 10 days to the Purchasing Agent. 3. The Borough shall compensate the Contractor for the Project in accordance with the Contract Documents in the amount not to exceed Total Contract Dollars. 4. The Contract Documents and any approved change orders (if applicable), are hereby made a part of this Contract. 5. The Contractor shall hold harmless and defend the Borough against any and all suits and assume liability for the use of any patented process, device or article forming a part of the apparatus or any appliance furnished under this Contract. 6. This Contract shall be binding on the Contractor and the Borough, and their respective successors and assigns. IN WITNESS WHEREOF, the Borough has caused this instrument to be signed by its Mayor, attested by its Borough Clerk and its seal to be affixed pursuant to the resolution of the Borough Council passed for that purpose, and the Contractor has signed, sealed and delivered this Agreement or has caused this IFB-17

57 Agreement to be signed by its proper corporate officers and its corporate seal to be affixed pursuant to authority conferred by its Board of Directors on the date and year first above written. FOR THE BOROUGH: ATTEST: Raymond Heck, Mayor Gregory J. Bonin Borough Clerk Date FOR THE BIDDER: Name/Title (Please Print) Signature WITNESS/ATTEST: Date Print Name Secretary/Assistant Secretary Signature (If corporation, affix corporate seal) IFB-18

58 GENERAL CONDITIONS GC.1. HEADINGS The headings of the sections herein and in other parts of these Contract Documents are for convenience or reference only and shall have no bearing on their interpretation. GC.2. DEFINITIONS Whenever in these Contract Documents the following terms and abbreviations or pronouns in place of them are used, their intent and meaning shall be interpreted as follows: "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. "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 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 of 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: This contract shall not include recyclable materials. "Designated collected solid waste" means solid waste type Class #10 with one annual Class #13 bulk pick-up. 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 Somerset County Solid Waste Management Plan for use by the Borough of Millstone. GC-1

59 "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, Memorial Day, Fourth of July (when it is a weekday), Labor Day, Thanksgiving, and Christmas. "Legal newspaper" means the Courier News and the Star Ledger. "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 in herein. The service area is as follows: Residential properties and municipal properties located within the Borough limits only. "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. GC.3. DISPOSAL FACILITY For the purpose of this bid, any facility that is authorized to accept solid waste Class #10, and Class #13 when applicable, from the Borough of Millstone by the Somerset County Solid Waste Management Plan at the time the bids are opened, will be accepted. GC.4. VEHICLE DEDICATION AFFIDAVIT The Contractor shall submit with his Bid 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 of Millstone 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. GC.5. CERTIFICATE OF PUBLIC CONVENIENCE The Contractor shall submit with his Bid 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. GC-2

60 TECHNICAL SPECIFICATIONS The Borough of Millstone is looking for Solid Waste Services from solid waste collectors interested in providing solid waste collection and/or disposal services, in accordance with the terms of this entire Bid Documents and NJDEP N.J.A.C. 7:26H et seq. Solid Waste Utility Regulations. Provider agrees to provide Municipal Solid Waste Services to the Borough of Millstone for an initial period to commence on April 1, 2017 and ending on December 31, 2019, with two (2) optional one (1) year renewals. Each document in this Bid Document shall be properly completed in accordance with the Bidding Requirements of NJDEP N.J.A.C. 7:26H-6.5 and Local Public Contracts Laws N.J.S.A 40A:11-1 et seq and N.J.A.C. 5:34. No bidder shall submit the requested information on any form other than those provided in these Bid Documents. All activities shall meet the minimum standards of NJDEP N.J.A.C. 7:26H et seq. Solid Waste Utility Regulations. The Bidder declares, by submitting a Bid, that he has carefully examined and fully understands the Information for Bidders, General Conditions and other documents herein referred to and agrees to furnish and deliver all materials and to perform all work in accordance with the Bid, General Conditions, Information for Bidders and Contract Documents for Solid Waste Services in accordance with the Technical Specifications as follows: The following services shall be provided: THIS CONTRACT DOES NOT INCLUDE RECYCLABLE MATERIALS. 1.0 DEMOGRAPHICS Area of Borough: square miles Total Road Miles: There are approximately four and 41 tenths (4.41) miles of road in the Borough. County Highway Routes 533 & 514 are in the Borough. Population: The 2010 US Census population figure for the Borough was 418. There has been no significant development in the past 3 years and nothing is currently being planned. However there is a mediation agreement in place which may provide additional housing subject to the availability of sewer. Said housing may be approximately 90 residential units plus a required affordable housing component. 2.0 LOCATION REQUIREMENTS BOROUGH HALL, 1353 MAIN STREET 1 Containers with a capacity of 96 Gallons. ANN STREET PARK 1 Containers with a capacity of 96 Gallons. RESIDENTIAL SOURCES: Single family 170 approximately Multi-family None Apartment/Condominiums None Total 170 approximately TS-1

61 3.0 COLLECTION AREA Contractor shall provide collection, removal and disposal from within the territorial and geographical boundaries of the Borough of Millstone as described below: Residential homes and municipal properties located within the Borough limits only. 4.0 COLLECTION REQUIREMENTS Weekly pick up for term of contract. One (1) Bulk Pickup for each year of contract in the month of June as directed by the Borough of Millstone. Basic Service The Contractor shall provide curbside collection for each occupied residence and municipal properties once per week. It is estimated that there are approximately one hundred seventy (172) collection points comprising the occupied residences and municipal properties and that approximately ninety (90) tons of solid waste is being generated each month. The type of solid waste to be collected shall be limited to waste type #10. Collection Days Collection day shall be Friday. Collection shall not begin before 7:00 AM prevailing time, and shall be completed before 6:00 PM prevailing time. The following legal holidays are exempted from the waste collection schedule: New Year s Day, Memorial Day, Fourth of July (when it is a weekday), Labor Day, Thanksgiving, and Christmas. In such event the collection shall be no later than the next business day. When an alternate collection day is scheduled due to a holiday, the Borough shall be notified via at mayor@millstoneboro.org. Container Provision The Contractor shall provide one (1) watertight 96 gallon container to each collection point and shall empty said container on the regular collection day. Bulk Pickup The Contractor shall provide one (1) bulk pick-up, type 13 waste, limited to large, heavy or bulky household appliances (excluding refrigerators, air-conditioners and any appliance containing hazardous materials), furniture or furnishings. This pick-up shall exclude discarded automobiles, trucks and trailers and large vehicle parts and tires. The bulk pick-up date is to be scheduled during the month of June or such time as agreed to by the Borough and the Contractor. 5.0 DISPOSAL REQUIREMENTS All solid waste collected within the Borough of Millstone shall be disposed of in accordance with the Somerset County Solid Waste Management Plan. Due to changes in waste flow regulations, other facilities may become eligible to serve as an authorized disposal facility for the Borough of Millstone. For the purpose of this Bid, any facility that is authorized to accept Class #10 solid waste from the Borough of Millstone by the Somerset County Solid Waste Management Plan at the time the Bids are opened will be accepted. TS-2

62 6.0 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. 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. C. All collection trucks shall be compaction types, completely enclosed and water tight. Subject to the prior approval of the Contract Administrator, the Contractor may employ equipment other than compaction type vehicles on streets whose width precludes the use of such vehicles. The Contractor shall specify whether the vehicles are side, front or rear loading. D. 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. E. 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. 7.0 CONTRACTOR OFFICES A. The Contractor must provide and maintain an office within reasonable proximity of the Borough of Millstone 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 7:00 AM and 6:00 PM. The Borough of Millstone shall list the Contractor's telephone number in the Telephone directory along with other listings for the Borough of Millstone. 8.0 FAILURE TO COLLECT The Contractor shall report to the Contract Administrator via at mayor@millstoneboro.org, 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. 9.0 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. The Complaint log shall be available for inspection by the Borough of Millstone. B. The Contractor shall submit a copy of all complaints received and the action taken to the Borough of Millstone. TS-3

63 10.0 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 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 30 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 of Millstone 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 of Millstone for reimbursement. B. The Borough of Millstone shall pay all invoices within 30 days of receipt. The Borough of Millstone will not be obligated to pay a defective invoice until the defect is cured by the Contractor. The Borough of Millstone shall have 30 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 of Millstone 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 of Millstone 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. the amount of the invoice; and 2. the origin of the waste; and 3. the truck license plate number; and 4. the total quantity and weight of the waste; and 5. the authorized tipping rate plus all taxes and surcharges. E. Where the Borough of Millstone will pay the costs of disposal, the disposal facility shall bill the Borough of Millstone directly for all costs (including taxes and surcharges) 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 of Millstone 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. TS-4

64 13.0 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. TS-5

65 EXHIBIT 1: PAYMENT BOND ACCEPTABLE LANGUAGE KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned New Jersey Statutory PAYMENT BOND Bond No. as Principal, and a corporation organized and existing under the laws of the State of and duly authorized to do business in the State of New Jersey, as Surety, are held and bound unto as Obligee, in the penal sum of ($ ) 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. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the above named Principal did on the day of, enter into a contract with for which contract is made part of this bond and the same as though set forth herein. NOW, if the said shall pay all lawful claims of beneficiaries as defined by N.J.S.A: for labor performed or materials, provisions, provender or other supplies or teams, fuels, oils, implements, or machinery furnished, used or consumed in the carrying forward, performing or completing of said contract, we agreeing and assenting that this undertaking shall be for the benefit of any beneficiary as defined by N.J.S.A: having- a just claim, as well as for the Obligee 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 modifications, omissions or additions in or to the terms of the said contract; or in or to the plans or specifications therefore, shall, in anyway affect the obligations of said Surety on its bonds. This bond is given in compliance with tale requirements of the Statutes of the State of New Jersey in respect to bonds of the contractors on public works. Revised Statutes of New Jersey, 1937, Sections 2A; , and amendments thereof, and liability hereunder is limited as in said statutes provided. Signed, sealed and dated this day of, ATTEST Witness Principal Witness Surety Attorney-in-Fact EX-1

66 EXHIBIT 2: PERFORMANCE BOND ACCEPTABLE LANGUAGE KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned New Jersey Statutory PERFORMANCE BOND Bond No. as Principal, and a corporation organized and existing under the laws of the State of and duly authorized to do business in the State of New Jersey, as Surety, are held and bound unto as Obligee, in the penal sum of ($ ) 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. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the above named Principal did on the day of, enter into a contract with for which contract is made part of this bond and 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, then this obligation shall be null and 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 modifications, omissions or additions in or to the terms of the said contract; or in or to the plans or specifications therefore, shall, in anyway affect the obligations of said Surety on its bonds. This bond is given in compliance with the requirements of the Statutes of the State of New Jersey in respect to bonds of the contractors on public works. Revised Statutes of New Jersey, 1937, Sections 2A; , and amendments thereof, and liability hereunder is limited as in said statutes provided. Signed, sealed and dated this day of, ATTEST Witness Principal Witness Surety Attorney-in-Fact EX-2

67 EXHIBIT 3: RELEASE OF LEINS CONTRACTOR S FINAL AFFIDAVIT AND RELEASE OF LIENS The undersigned hereby certifies that: 1. He is the of the (title), doing business in the (company name) state of New Jersey hereinafter called Contractor. 2. Contractor, pursuant to the Contract with the Borough of Millstone hereinafter referred to as Owner, has heretofore furnished or caused to be furnished, labor, material and services for the construction of, and all other work performed on the project known as, 3. The undersigned affiant for and in consideration of final payment to and all other previous payments paid by Owner to Contractor, does hereby for and in behalf of the Contractor, waive, release, remise, and relinquish the Contractor s right to claim, demand, or impose a lien or liens for work done or materials and/or services furnished or any other class of lien whatsoever, on any of the premises owned by the Owner on which improvements have been completed in accordance with the aforementioned Contract(s). 4. The affiant herein does hereby represent that he has authority to execute a full and final release of lien for and in behalf of the Contractor as set forth above. 5. This Affidavit and Release of Lien is made by affiant with full knowledge of the applicable laws of the State of New Jersey. In addition to such rights as may be afforded to Owner under said applicable laws, Affiant expressly agrees to indemnify and save Owner harmless from any and all actual costs and expenses, including reasonable attorney s fees, arising out of claims by laborers, subcontractors, or materialmen who might claim that they have not been paid for services or material furnished by or through the Contractor in connection with the work performed under the aforementioned Contract(s). Print Name Signature Sworn and subscribed to before me on this day of, 20 Signature of Notary Notary ID# and Expiration Date Notary Print Name EX-3