SLED Opportunity · NEW JERSEY · MIDDLESEX COUNTY - IMPROVEMENT AUTHORITY
AI Summary
Middlesex County Improvement Authority seeks bids for a 3-year yard waste recycling program including collection, transportation, processing, and marketing of leaves, brush, and grass. Contract starts Sept 1, 2026, with options to extend. Bids due May 27, 2026 via MCIA portal.
The Middlesex County Improvement Authority (hereafter also referred to as MCIA, Authority or Owner) is seeking to continue an integrated, cost-effective, efficient Middlesex County-wide recycling and marketing program for Yard Waste consisting of Leaves, Brush and Grass.
This Contract generally consists of the collection and transportation of source separated yard waste materials (leaves, brush and grass) from designated regional and municipal drop off locations to Bidder's sites . All yard waste recyclable materials shall be collected, transported, processed and marketed (hereinafter also referred to as the "Services") in accordance with the Detailed Specifications attached hereto and made a part hereof. The Services shall be supplied at locations designated by the Authority as set forth in the Detailed Specifications.
The specific responsibilities of the Successful Bidder(s) for the Furnishing and Delivering of the Services is specified in detail in the General Information and Detailed Specifications,
The Middlesex County Improvement Authority invites Bids on the forms attached within , all blanks of which must be completed in their entirety. Bids will be received at the time set forth in the in the Advertisement for Bids at which time, they shall be available for viewing by the public via the Middlesex County Improvement Authority's Electronic Procurement Portal https://procurement.opengov.com/portal/middlesexcountynj-ia. Bids received after said time shall be rejected.
The Middlesex County Improvement Authority (the “Authority”) is seeking to continue an integrated, cost-effective, efficient County-wide recycling and marketing program for Yard Waste consisting of Leaves, Brush and Grass that will enhance the ability of Middlesex County (the “County”) to meet or exceed the mandated 50% municipal and 60% total solid waste recycling goals established pursuant to the Solid Waste Management Act. In furtherance of that goal, the Authority intends to select one Contractor to provide Yard Waste Recycling and Marketing Services for Leaves, Brush and Grass generated by all of the Municipalities, including the County, participating in the County-Wide Recycling Program.
Bid Advertisement --------------------------------------------------------------------------------------------------------- 1.1
The Middlesex County Improvement Authority (the “Authority”) is seeking to continue an integrated, cost-effective, efficient County-wide recycling program for Yard Waste consisting of Leaves, Brush and Grass that will enhance the ability of Middlesex County (the “County”) to meet or exceed the mandated 50% municipal and 60% total solid waste recycling goals established pursuant to the Solid Waste Management Act. In furtherance of that goal, the Authority intends to select one Contractor to provide Yard Waste Recycling for Leaves, Brush and Grass generated by all of the Municipalities, including the County, participating in the County-Wide Recycling Program for a period of three (3) years to commence on or about September 1, 2026, and ending on or about August 31, 2029, with the Authority having the right to unilaterally extend the Agreement for a period of two (2) one year terms in accordance with the terms of these Bid Specifications. The MCIA shall have the option of extending the term of the Contract each year for a period of one (1) year through August 31, 2031. Notice of the election of the extension shall be provided within sixty (60) days prior to the termination of each term.
Currently, there are 23-member Municipalities and the County who participate in the Program (see Section 14 under Definitions for the list of Program Participants). However, the Authority will not warrant or guarantee the participation of any Municipality in the County or the County in any particular year. It is expected that some Municipalities may elect to participate in future years and other Municipalities may decline participation. Therefore, the Contractor will not have exclusive authority to provide Yard Waste Recycling Services in the County during the term of the Yard Waste Recycling Agreement. The Bid must contain a per unit price for the provision of Service that will not change based upon the level of participation.
The successful bidder is required to supply all pedigree information of any employee or subcontracted vendor (if applicable) who is designated to do work within these facilities upon awarding of the bid so that a security clearance can be conducted by the applicable law enforcement agency. Furthermore, any employee/subcontracted vendor who does not pass the security clearance will be prohibited from accessing said facility. If the awarded vendor has within their employ, or subcontracted an alternate person who passes the security clearance, those persons will be given access in order to provide the service in question. If the awarded vendor does not have within their employ or subcontracted an alternate person available who can pass the security screening process, the County reserves the right to utilize the next lowest responsive and responsible bidder.
The Security Clearance Form is included in the ATTACHMENTS section for your convenience.
THIS AGREEMENT, made this_______ day of ___________ 2026 by and between the MIDDLESEX COUNTY IMPROVEMENT AUTHORITY, a public body corporate and politic of the State of New Jersey (the "Authority") and , a duly organized under the laws of the State of (the "Contractor").
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 bid price, but not in excess of $20,000.00, payable unconditionally to the Middlesex County Improvement Authority.
BID GUARANTEE SUBMITTAL DIRECTIONS FOR E-PROCUREMENT SYSTEM
The Bid Bond or Certified Check must be enclosed in a sealed envelope bearing the name and identifying information of the project and the name and address of the bidder on the outside, and addressed to the Purchasing Agent of the Middlesex County Improvement Authority.
A Bid Bond or Certified Check that is sent via US Postal Services, delivery service or hand delivered (prior to the opening date and time) shall be addressed to: “Middlesex County Improvement Authority Purchasing Agent, 101 Interchange Plaza - Suite 202, Cranbury, NJ 08512.
If a bidder chooses to deliver the Bid Bond or Certified Check in person, the package MUST be received prior to the bid opening date and time by having the person delivering the package to the Middlesex County Improvement Authority office at 101 Interchange Plaza, Suite 202, Cranbury, NJ 08512 contact the Purchasing Office. A member of the Purchasing Office staff will receive the package and provide a receipt if requested.
When submitting a Bid Bond, it shall contain Power of Attorney for full amount of Bid Bond from a surety company authorized to do business in the State of New Jersey and acceptable to the MCIA.
The check or bond of the unsuccessful bidder(s) shall be returned as prescribed by law. The check or bond of the bidder to whom the contract is awarded shall be retained until a contract is executed and the required performance bond or other security is submitted. The check or bond of the successful bidder shall be forfeited if the bidder fails to enter into a contract pursuant to statute. A non conforming bid guarantee or failure to submit required guarantee shall be cause for rejection of the bid.
"Acceptable Yard Materials" - means Leaves, Brush, and Grass (if applicable), each of which shall be source separated at the point of generation and may not be commingled at any time.
"Agreement/Contract" – means the contractual agreement that contains these minimum Bid Specifications as well as any addenda thereto to be executed by and between the Authority and the Contractor to implement the County-Wide Recycling Program in accordance with this Bid. Such Agreement shall set forth the terms and conditions and the respective rights and obligations of the Authority and the Contractor pursuant to which such Contractor will provide Yard Waste Recycling Services, shown as Section 14.
"Authority" - means the Middlesex County Improvement Authority, a public body corporate and politic of the State of New Jersey, created by the County pursuant to the County Improvement Authorities Law (N.J.S.A. 40:37A - 44 et seq.). The Authority, which has been designated by the Board to supervise the implementation of the County's Recycling Plan, will undertake through this procurement and the execution of a Recycling and Marketing Agreement to develop, implement and operate the County-Wide Yard Waste Recycling Program pursuant to and in accordance with the provisions of this Bid Specification.
“Authority’s Recycling Office” – shall mean the administrative office of the Authority where recycling operations are coordinated, presently 101 Interchange Plaza, Suite 202, Cranbury, New Jersey (physical location – South Brunswick, NJ).
"Bid" - means the documents submitted by a Bidder in response to these Bid Specifications.
"Bid Forms" - mean those forms that must be used by all Bidders to set forth the prices for Services to be provided under the Contract.
"Bid Guarantee" or “Bid Bond” - means the Bid bond, cashier's check or certified check in an amount of 10% of the Bid, not to exceed $20,000, submitted as part of the Bid, payable to the Authority, ensuring that the Successful Bidder will enter into an Agreement/Contract.
"Bidder"- means any individual, firm or corporation submitting a Bid for the work contemplated, acting directly or through a duly authorized representative.
"Board" - refers to the Middlesex County Board of Commissioners. The Board, by law (N.J.S.A. 13:1E-20 et seq.), retains the exclusive authority to establish and amend the district Solid Waste Management Plan ("Plan"), which includes the development and implementation of the Recycling Plan. The Board has designated the Authority to execute the implementation of the district Recycling Plan.
"Brush" - means branches, woody plants, other like vegetative materials which do not exceed five (5) inches in diameter and Christmas Trees. "Brush" does not include leaves and grass clippings.
"Certificate of Insurance" - means a document showing that an insurance policy has been written and includes a statement of the coverage of the policy.
“Commencement Date” - means the date the Contractor shall commence provision of the services anticipated to be September 1, 2026.
"Compost" - means decomposed, humidified, organic matter produced as a result of accelerated decomposition of Acceptable Yard Materials based on microbial self-heating.
"Consent of Surety" - means a guarantee by the Surety that if the contract is awarded, the surety will provide a performance bond.
"Container" - shall mean roll offs.
"Contract Administrator" - is the person authorized by the Authority to procure and administer contracts for Yard Waste Recycling Services.
"Contractor” - means the Contractor selected by the Authority to provide the operation, maintenance and management Services for the recycling and marketing of Leaves, Brush and Grass in accordance with the Contract.
"Contractor Market Agreements" - means the agreements for the sale or disposition of Recyclables entered into between the Contractor and the purchaser or user of such Recyclables.
"Contractor Site" - means a DEP approved and permitted site, controlled and operated by the Contractor where the Contractor composts, processes and markets Leaves, Brush and/or Grass.
"County" - means Middlesex County, a public body corporate and politic of the State of New Jersey.
"County Plan" - means the Middlesex County District Solid Waste Management Plan, adopted by the Board pursuant to the Solid Waste Management Act, which provides for the collection, disposal and/or recycling of solid waste generated within the geographic boundaries of the County, as the same may be amended from time to time.
"County-Wide Recycling Program" or "Program" - means the collection, processing and marketing program for Recyclables that is established by the County and the Authority for all Participating Municipalities in the County.
"DEP" - means the New Jersey Department of Environmental Protection or any successor agency.
"Decomposition" - shall mean the breaking down, or destruction, of dead organic materials such as fallen leaves.
"Designated Site" - means the site or sites where Acceptable Yard Materials are to be delivered for storage, processing and/or transfer pursuant to the terms of this Contract.
"End Product Revenues" – means the gross revenues derived from the sale of Recyclables.
"Facilities" - means all sites upon which the Contractor performs any of the Services as described herein.
“Fees” - means the unit Leaf Fee, unit Brush Fee and the unit Grass Fee Contractor will be paid under the Agreement for the provision of the Services.
"Grass" - means grass clippings from lawns.
"Holiday" - means a regularly scheduled collection day on which the Designated Sites are closed, including: Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day and New Year's Day.
"Improvement Authorities Law" - means N.J.S.A. 40:37A - 44 et seq., the act pursuant to which the Authority was created.
"June 2, 1994 Amendments" - means the amendments to the County Plan (Nos. 1994-2 and 1994-3), adopted by the Board on June 2, 1994, that, among other things, establishes the County-Wide Recycling Program.
"Law" – law shall include "in accordance with law" and "in compliance with law" and other words, phrases and clauses of similar import and shall mean and include without limitation, as judicially interpreted: The State Sanitary Code of New Jersey; the Constitution of the State of New Jersey; Statutes and Codes of the State of New Jersey, including codes, regulations, directives, orders and mandates, having the effect of law, of the State Department of Health, local boards of health, duly constituted Federal, State or Local Boards, Agencies or Commissions, and the State Department of Environmental Protection when applicable to Yard Waste Recycling Service; statutes and codes of the United States; any ordinances, rules and regulations of the County; the ordinances of participating Municipalities; and every code, ordinance, rule, regulation, directive, order and mandate of any of the foregoing and each and every political subdivision of the foregoing, when applicable to Yard Waste Recycling and Marketing Services, the Contract and Specifications whether existing at the time of the Contract or thereafter passed, amended, supplemented or promulgated.
"Leachate" - means liquid, often highly colored, which has passed through or been in contact with a composting pile.
"Leaf Compost Facility" - means a site that is permitted by NJDEP to accept and process leaves only.
"Legal Newspaper" - means The Home News Tribune and the Star Ledger.
"Liquidated Damages" – means a penalty assessed against the Contractor for noncompliance with Contract provisions as defined in the Detailed Specifications herein.
"Local Public Contracts Law" - means N.J.S.A. 40A:11 - 1 et seq.
"Municipal Site" - means a site provided by a Municipality from which the Contractor shall remove Leaves, Brush and/or Grass in accordance with the provisions of this Contract.
"Municipality" or "Municipalities" - means the Participating Municipalities of the twenty-five municipal corporations located in the County of Middlesex and may include the County itself.
"NJPDES Permit" - means a New Jersey Pollution Discharge Elimination System permit issued by the NJDEP.
"Notice to Proceed" – means the notice issued to the Contractor pursuant to which the Authority authorizes the Contractor to commence the provision of the Yard Waste Recycling Services.
"Performance Bond" - means the approved form of security furnished by the Contractor and its surety as a guarantee of good faith on the part of the Contractor to execute the work in accordance with the terms of the Specifications and Contract.
"Permit(s)" - means any permits required by any regulatory agency that are incidental to the performance of the Services, including Soil Conservation District and NJDEP.
"Putrescible" - means organic materials prone to degrade rapidly, giving rise to obnoxious odors.
"Recycling Facility" - refers to an intermediate processing facility or materials recovery facility provided by or on behalf of the Contractor for the purpose of processing, consolidating and marketing previously separated recyclables collected by the Contractor pursuant to the Agreement.
"Recycling Funds" – means monies available to the Authority and designated by the Authority for payment of the costs of the County-wide Recycling Program.
"Recycling Ordinance(s)" - means the ordinances enacted by the Municipalities establishing the mandatory municipal recycling programs implemented in accordance with the Solid Waste Management Act and the County Plan, as the same has been amended by each Municipality to include the additional Designated Recyclables as mandated by the June 2, 1994 Amendments, and as the same may be further amended in the future from time to time for other purposes.
"Recycling Plan" - means that portion of the County Plan that establishes the County's strategy for recycling 50% of Municipal Solid Waste and 60% of the total waste stream in accordance with the provisions of the Solid Waste Management Act and DEP policy promulgated pursuant thereto. The original Recycling Plan and subsequent amendments to the County Plan are set forth in Plan Amendments Nos. 1987-5, 1988-6, 1990-3, 1990-5, 1991-2, 1992-2, 1992-3, 1992-4, 1992-5, 1993-4 and 1993-5; and 1994-2 and 1994-3, and as modified by the DEP certifications thereof.
“Regional Site” - means the MCIA Transfer Site at the Middlesex County Landfill in East Brunswick where Leaves, Brush and Grass are delivered by Municipalities for collection, transportation and processing by the Contractor.
"Residents" - means residential, institutional and small commercial residents, excluding landscape contractors, of the Municipalities that are required to recycle Yard Waste Recyclables pursuant to the Recycling Ordinances.
"Service Date" or "Services Dates" – means September 1, 2026 or any date or dates that the Contractor commences the provision of any of the Services for a particular newly participating Municipality as determined by the Authority and the Contractor pursuant to the Technical Specifications Section herein.
"Shared Service Agreement(s)" – means the agreements executed by and between the Authority and each participating Municipality providing for the provision of Service by the Contractor in the manner and to the extent provided therein.
"Solid Waste" – is defined as ashes, garbage and rubbish from domestic, commercial and industrial sources.
"Solid Waste Management Act" - means N.J.S.A. 13:1E-1 et seq.
"Specifications" – means all directions, documents, requirements and standards of performances applying to the work to be done as detailed and designated and shall also include and refer to all of the documents contained herein unless a different meaning is clear from the context. The division of the specifications into separate parts is merely for convenience and ready reference. It is intended that all parts of the specifications shall constitute a single document.
"Streets" - this term includes all public highways, avenues, streets, lanes, alleys, service roads, and places within the limits of the Municipalities being serviced.
"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.
"Technical Specifications" – means those specific provisions and services to be rendered by the Contractor as contained herein.
"Term" - means the term commencing on the Commencement Date, during which the Contractor shall be obligated to perform the Recycling Services, as set forth herein.
"Ton" – means a short ton of 2,000 pounds.
"Vegetative Waste" - shall mean Acceptable Yard Materials.
"Vegetative Waste Facility" - means a NJDEP licensed and permitted composting facility that is permitted to accept and process other materials than just leaves.
"Windrows" - shall mean an elongated pile.
"Work" – means any and all obligations, duties and responsibilities necessary to the successful completion of the project under the Contract Documents, including the furnishing of all labor, materials, equipment, and other incidentals.
"Yard Materials" - means Leaves, Brush, and Grass (if applicable).
"Yard Waste Recycling Services" or “Services” - means all of the duties, obligations, and services to be provided to the Authority by the Contractor that are related to the collection, transportation, separation, processing, storage, purchase, sale or distribution or any combination thereof of Acceptable Yard Materials and return of said processed materials to the economic mainstream in the form of raw materials or products.
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No firm shall be issued a contract unless it complies with the affirmative action provisions of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1 et seq. as administered by the Division of Purchase & Property Contract Compliance and Audit Unit (Division) and provided below. The contract shall include the language included as MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE in this specification.
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:
N.J.S.A. 10:5-31 and N.J.A.C. 17:27 COUNTY OF MIDDLESEX - EEO/AFFIRMATIVE ACTION COMPLIANCE FORM CAN BE FOUND IN VENDOR QUESTIONNAIRE.
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The Bid
Bids shall be submitted electronically to Middlesex County Improvement Authority (MCIA), hereinafter referred to as “owner”, in accordance with public advertisement as required by law, via Middlesex County Improvement Authority's Electronic Procurement Portal (https://procurement.opengov.com/portal/middlesexcountynj-ia).
Unofficial bid prices will be available at the above portal site shortly after 11:00 am on Wednesday, May 27, 2026.
It is the bidder's responsibility to see that bids are submitted at the time designated. Any bids attempted to be submitted after said designated time shall be automatically rejected by Middlesex County Improvement Authority's Electronic Procurement Portal.
ALL BIDDERS ARE URGED TO MAKE SURE BIDS ARE SUBMITTED PRIOR TO THE DUE DATE.
Bids submitted prior to the designated date and time for submission may be withdrawn and, if desired, modified and resubmitted. Received opened bids shall remain firm for a period of sixty (60) calendar days.
More than one (1) bid from an individual, a firm or partnership, a corporation or association under the same names shall not be considered.
All prices shall be entered on the Bid Sheet, which is part of these specifications.
The Middlesex County Improvement Authority (MCIA) is not responsible for specifications supplied by a third party. Potential bidders are cautioned that they are bidding at their own risk if a third-party supplies specifications that may not be complete.
There are two (2) forms required as part of your price submittal; (1) the Bid Sheet and (2) the Price Certification Signature form. The Bid Sheet can be found elsewhere in this bid document and shall be used to enter all price information. You only need to enter the Unit Price of each item and the system will calculate the Total Price. No other form of submitting prices will be accepted. The Price Certification Signature form, which can be found at VENDOR QUESTIONNAIRE certifies that the prices are correct, and shall be completed and uploaded.
Bidders shall not alter the official content or requirements of the Middlesex County Improvement Authority (MCIA) bid documents.
Vendor’s literature and/or pricing sheets shall not be accepted in lieu of completing the bid blank(s) set forth in these specifications except where specified. e.g. catalogs.
Estimated Quantities (Open-Ended Contracts, Purchase as Needed). The Middlesex County Improvement Authority (MCIA) has attempted to identify the item(s) and the estimated amounts of each item bid to cover its requirements; however, the amount ordered may differ from that submitted for bidding. The Middlesex County Improvement Authority (MCIA) reserves the right to decrease or increase the quantities specified in the specifications pursuant to N.J.A.C. 5:30-11.2 and § 11.10. NO MINIMUM PURCHASE IS IMPLIED OR GUARANTEED.
Bidder shall insert prices for furnishing all of the material and/or labor as described. Prices shall be net, including any charges for packing, crating, containers, etc. All transportation charges shall be fully prepaid by the contractor, F.O.B. destination and placement at locations specified by the MCIA. No additional charges shall be allowed for any transportation costs resulting from partial shipments made at vendors’ convenience, when a single shipment is ordered.
Contractor shall be responsible for obtaining any applicable permits or licenses from any government entity that has jurisdiction to require the same. This cost shall be included in the pricing submitted on the Bid Sheet.
Any bidder may withdraw their bid at any time prior to the bid submission date and time. Bids may be withdrawn, modified, and resubmitted at any time prior to the submission date and time.
No bid shall be withdrawn in the 60-day period after the bids are received, except public works bids, which shall be withdrawn in accordance with N.J.S.A. 40A:11-23.3.
All forms shall be completed and submitted as required. PLEASE SEE THE BID DOCUMENT CHECKLIST.
Alternate bids shall not be considered for any potential award of contract in respect to these bid specifications.
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Background ---------------------------------------------------------------------------------------------------------------- 3.2
Contact Information------------------------------------------------------------------------------------------------------ 3.3
Timeline --------------------------------------------------------------------------------------------------------------------- 3.4
The successful bidder is required to complete a Child Abuse Record Information Form for any employee performing services within the Youth Shelter and the Youth Detention Center.
The CARI form is included in the ATTACHMENTS section for your convenience.
Any conditions, limitations, provisos, amendments, or other changes attached or added by the Bidder to any of the provisions of these Bid Specifications or any changes made by the Bidder on the Bid Forms may result in the rejection of the Bid by the Authority.
There are two (2) forms required as part of your price submittal; (1) the Bid Sheet and (2) the Price Certification Signature form. The Bid Sheet can be found elsewhere in this bid document and shall be used to enter all price information. You only need to enter the Unit Price of each item and the system will calculate the Total Price. No other form of submitting prices will be accepted. The Price Certification Signature form, which can be found at VENDOR QUESTIONNAIRE certifies that the prices are correct, and shall be completed and uploaded.
Bidders shall not alter the official content or requirements of the Middlesex County Improvement Authority (MCIA) bid documents.
Vendor’s literature and/or pricing sheets shall not be accepted in lieu of completing the bid blank(s) set forth in these specifications except where specified. e.g. catalogs.
Estimated Quantities (Open-Ended Contracts, Purchase as Needed). The Middlesex County Improvement Authority (MCIA) has attempted to identify the item(s) and the estimated amounts of each item bid to cover its requirements; however, the amount ordered may differ from that submitted for bidding. The Middlesex County Improvement Authority (MCIA) reserves the right to decrease or increase the quantities specified in the specifications pursuant to N.J.A.C. 5:30-11.2 and § 11.10. NO MINIMUM PURCHASE IS IMPLIED OR GUARANTEED.
Bidder shall insert prices for furnishing all of the material and/or labor as described. Prices shall be net, including any charges for packing, crating, containers, etc. All transportation charges shall be fully prepaid by the contractor, F.O.B. destination and placement at locations specified by the MCIA. No additional charges shall be allowed for any transportation costs resulting from partial shipments made at vendors’ convenience, when a single shipment is ordered.
Contractor shall be responsible for obtaining any applicable permits or licenses from any government entity that has jurisdiction to require the same. This cost shall be included in the pricing submitted on the Bid Sheet.
Any bidder may withdraw their bid at any time prior to the bid submission date and time. Bids may be withdrawn, modified, and resubmitted at any time prior to the submission date and time.
No bid shall be withdrawn in the 60-day period after the bids are received, except public works bids, which shall be withdrawn in accordance with N.J.S.A. 40A:11-23.3.
All forms shall be completed and submitted as required. PLEASE SEE THE BID DOCUMENT CHECKLIST.
Alternate bids shall not be considered for any potential award of contract in respect to these bid specifications.
The contract for this bid shall require that the contractor agrees not to discriminate in employment and agrees to abide by all anti-discrimination laws including but not limited to N.J.S.A. 10:2-1 as included in GENERAL INFORMATION of this document.
The Bid
Bidder shall submit with the bid, a Certificate (Consent of Surety) with Power of Attorney for the full amount of bid price from a Surety Company authorized to do business in the State of New Jersey and acceptable to the MCIA, stating that it shall provide said bidder with a Performance Bond in the full amount of the bid. This certificate shall be obtained to confirm that the bidder to whom the contract is awarded shall furnish Performance and Payment bonds from an acceptable surety company on behalf of said bidder, any or all subcontractors or by each respective subcontractor or by any combination thereof which results in performance security equal to the total amount of the contract, pursuant to statute.
Failure to submit a Consent of Surety form shall be cause for rejection of the bid.
CONSENT OF SURETY SUBMITTAL DIRECTIONS FOR EPROCUREMENT SYSTEM
The electronic submittal shall include a copy of the Consent to Surety and the original shall be delivered in accordance with the following instructions:
WHEREAS, pursuant to the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., each county within the State of New Jersey is deemed a solid waste management district; and
WHEREAS, each solid waste management district is responsible for developing a solid waste management plan setting forth the strategy for disposing and/or recycling of solid waste generated within the geographic boundaries of the respective county; and
WHEREAS, the Board of County Commisioners (the "Board") of the County of Middlesex (the "County") has adopted the Middlesex County Solid Waste Management Plan, as the same has been amended from time to time (the "County Plan"); and
WHEREAS, as part of the County Plan, the County has adopted a mandatory recycling plan ("Recycling Plan"), which, among other things, mandates the recycling of the following recyclable materials; specifically: newspaper, Aluminum Cans, Glass Containers, corrugated cardboard from residential and commercial sources, Steel Cans, Plastic Containers, Mixed Paper, Textiles, leaves, motor oil, and Brush; and
WHEREAS, on June 2, 1994, the Board adopted an amendment to the County Plan, which, among other things, designated the Authority as the sole implementing agency responsible for the implementation of the County's Recycling Plan; and
WHEREAS, in order to ensure uniform recycling and marketing services for yard waste materials in the County and thereby increase the percentage of yard waste materials recycled and marketed, the June 2, 1994 Amendment to the County Plan provided for the development and implementation of a County-wide yard waste recycling and marketing program, pursuant to which the Authority will provide services to participating municipalities for, among other things, leaf composting, grass clippings processing, and brush chipping and/or processing; and
WHEREAS, the New Jersey Department of Environmental Protection (the "DEP") approved the June 2, 1994 amendment to the County Plan on October 3, 1994; and
WHEREAS, the Authority has solicited proposals from potential contractors that are interested in providing the recycling services to the Authority for leaves, grass clippings, and brush generated in each of the participating municipalities in the County and the County for the period commencing on September 1, 2026 and ending on August 31, 2029 together with any extension elected by the Authority; and
WHEREAS, after due evaluation of the bids submitted in response to the solicitation, the Authority's staff and consultants have determined that the proposal submitted by (the "Contractor") is the lowest responsive, responsible bid received by the Authority and have recommended that the Authority award a contract to the Contractor to provide the Yard Waste Recycling and Marketing Services on the terms and conditions set forth herein; and
WHEREAS, the Authority has accepted said recommendations, and has awarded a Contract for the Services to _____________________________________ .
NOW, THEREFORE, the parties hereto, intending to be legally bound hereby, agree as follows:
ARTICLE I - GENERAL
The Services under this Contract embraces the furnishing of all labor, materials, equipment, supplies, fuel, facilities, tools, transportation, supervision, administration, scheduling, and all things necessary to supply and deliver the Services detailed in the Detailed Specifications.
Bid Guarantee -------------------------------------------------------------------------------------------------------------- 4.1
Consent of Surety --------------------------------------------------------------------------------------------------------- 4.2
Performance Bond -------------------------------------------------------------------------------------------------------- 4.3
Discrimination based on disability in contracting for the purchase of goods or services is prohibited. If awarded the contract, the contractor is required to comply with requirements related to the Americans with Disabilities Act as provided in this specification as GENERAL INFORMATION. The contractor is obligated to comply with the Act and to hold the owner harmless for any violations committed under the contract.
Whenever the Technical Specifications identify a brand name, trade name or a manufacturer's name, this designation is used for classification or descriptive purposes only, and the Bidder may substitute an equal product, subject to the approval of the Authority.
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The following definitions shall apply to and are used in this Agreement:
"Acceptable Yard Materials" - means Yard Materials that have been source separated at the point of generation and are not commingled at any time.
"Act of Bankruptcy" - means that the Contractor (a) shall have commenced a voluntary case under any bankruptcy law, applied for or consented to the appointment of, or the taking of possession by, a receiver, trustee, assignee, custodian or liquidator of all or a substantial part of its assets, (b) shall have failed, or admitted in writing its inability generally, to pay its debts as such debts become due, (c) shall have made a general assignment for the benefit of creditors, (d) shall have been adjudicated a bankrupt, or shall have filed a petition or an answer seeking an arrangement with creditors, (e) shall have taken advantage of any insolvency law, or shall have submitted an answer admitting the material allegations of a petition in bankruptcy or insolvency proceeding, (f) an order, judgment or decree for relief in respect of Contractor shall have been entered in an involuntary case, without the application, approval or consent of Contractor by any court of competent jurisdiction appointing a receiver, trustee, assignee, custodian or liquidator for Contractor or for a substantial part of any of its assets and such order, judgment or decree shall continue unstayed and in effect for any period of one hundred eighty (180) consecutive days, (g) Contractor shall have filed a voluntary petition in bankruptcy, (h) Contractor shall have failed to remove an involuntary petition in bankruptcy filed against it within one hundred eighty (180) days of the filing thereof, or (i) an order for relief shall have been entered against Contractor under the provisions of the United States Bankruptcy Act, 11 U.S.C.A. §301.
"Additional Site" - shall have the meaning set forth in Section 1.3(c) herein.
"Agreement" - means this "Agreement for the Provision of Yard Waste Recycling and Marketing Services."
"Authority" - means the Middlesex County Improvement Authority, a public body corporate and politic of the State of New Jersey, organized by the County pursuant to the County Improvement Authorities Law (N.J.S.A. 40:37A - 44 et seq.)
"Board" - means the Board of Commissioners of the County of Middlesex, New Jersey.
"Brush" - means branches (chipped and unchipped), woody plants, and other like vegetative material that do not exceed five (5) inches in diameter, and Christmas trees. "Brush" does not include leaves and grass clippings.
"Commencement Date" - means the date specified in the Authority's Notice to Proceed upon which the Contractor will commence the provision of the Recycling and Marketing Services.
"Compost" - means decomposed, humidified, organic matter produced as a result of accelerated decomposition of Acceptable Yard Materials based on microbial self-heating.
"Contractor" - means the Bidder selected by the Authority to provide the operation, maintenance and management services for the recycling and marketing of Leaves, Brush and Grass in accordance with the Agreement.
"Contractor Sites" - means the DEP approved and permitted sites operated by the Contractor where the Contractor composts a portion of the Leaves and/or Brush and all Grass generated by the Municipalities.
"County" - means the County of Middlesex, New Jersey.
"County Plan" - means the Middlesex County district solid waste management plan, adopted by the Board pursuant to the Solid Waste Management Act, which provides for the collection, disposal and/or recycling of solid waste generated within the geographic boundaries of the County, as the same may be amended from time to time.
"DEP" - means the New Jersey Department of Environmental Protection or any successor agency.
"Designated Sites" - means the Municipal Sites and Regional Site and such other sites designated by the participating Municipalities or the Authority.
"Grass" - means grass clippings from the mowing of lawns.
"Leaf Composting Sites" - means the Contractor Sites where the Contractor will compost leaves and/or process Brush in accordance with the permits or permit exemptions issued for or with respect to each such site.
"Municipality" or "Municipalities" - means the following municipal corporations, individually or collectively, of the State of New Jersey that are located in the County and that are expected to participate in the Program and may include the County:
| Carteret | Milltown | Sayreville |
| Dunellen | Monroe | South Amboy |
| Edison | New Brunswick | South Brunswick |
| Helmetta | North Brunswick | South Plainfield |
| Highland Park | Old Bridge | South River |
| Jamesburg | Perth Amboy | Spotswood |
| Metuchen | Piscataway | Woodbridge |
| Middlesex | Plainsboro |
The Authority may add additional Municipalities to the Program to be serviced by the Contractor from time to time during the term of the agreement with Contractor approval. In addition, the Authority shall notify the Contractor if there is a reduction of any Municipalities from the Program.
"Municipal Sites" - means the sites designated by the Municipalities where Leaves, Brush and Grass are to be delivered by the Municipalities for collection and transportation by the Contractor to the Contractor Sites pursuant to the terms of this Agreement.
"Program" - means the Yard Waste Recycling and Marketing Program, adopted by the Board on September 2, 1993 (County Plan Amendment Nos. 1993-4 and 1993-5) and modified by the Board on June 2, 1994 (County Plan Amendments Nos. 1994-2 and 1994-3), as an integral component of the county-wide mandatory recycling program, pursuant to which the Authority provides, on behalf of all participating municipalities in the County, for the composting of Leaves, Grass disposal and processing and the chipping or other processing of Brush.
"Recycling Services" – “Services” means all of the duties, obligations, and services to be provided by the Contractor that are related to the composting, transportation, processing, storage, sale or distribution, or any combination thereof, of Acceptable Yard Materials and the return of Compost or other processed materials to the economic mainstream in the form of raw materials or products.
Regional Site – means the MCIA Transfer Site at the Middlesex County Landfill in East Brunswick or alternate location as determined by the Authority where Leaves, Brush and Grass are delivered by Municipalities for collection, transportation and processing by the Contractor.
"Residents" - means private, commercial and institutional residents of a Municipality that are required to source separate Leaves, Brush and, if applicable, Grass.
"Term" - means the period of time during which the Contract shall be in full force and effect in accordance with Section 10.3 hereof.
"Yard Materials" - means Leaves, Brush and Grass.
Bidders are responsible for monitoring the MCIA portal for the issuance of any addenda.
The Bid shall contain an acknowledgment of receipt of any and all Addenda (the numbers of which shall be filled in on the Bid Form).
Questions regarding the Specifications should be directed in writing to Kevin McQueeney, Qualified Purchasing Agent of the Authority emailed to kevin.mcqueeney@mciauth.com and additionally copying Carol Berlen, Esq. - Rainone Coughlin Minchello, LLC at cberlen@njrcmlaw.com .
All questions should be submitted no later than April 30, 2026. The Authority shall not be obligated to respond to any questions.
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All signatures submitted shall consist of either scanned reproductions of original signatures or digital signatures that are timestamped. No other forms of electronic signatures will be accepted.
All signatures submitted shall consist of either scanned reproductions of original signatures or digital signatures that are timestamped. No other forms of electronic signatures will be accepted.
Successful bidder shall, simultaneously with the delivery of the executed contract, submit an executed bond in the amount of one hundred percent (100%) of the acceptable bid as security for the faithful performance of this contract.
The performance bond provided shall not be released until final acceptance of the whole work and then only if any liens or claims have been satisfied. The surety on such bond or bonds shall be a duly authorized surety company authorized to do business in the State of New Jersey pursuant to N.J.S.A. 17:31-5.
Failure to submit a performance bond with the executed contract shall be cause for declaring the contract null and void pursuant to N.J.S.A. 40A:11-22.
Directions for submitting the Performance Bond will be provided upon award of a contract.
The Contract will be for a period of three (3) years to commence on or about September 1, 2026, and ending on or about August 31, 2029, with the Authority having the right to unilaterally extend the Agreement for a period of two (2) one (1) year terms in accordance with the terms of these Bid Specifications. The MCIA shall have the option of extending the term of the Contract each year for a period of one (1) year through August 31, 2031. Notice of the election of the extension shall be provided within sixty (60) days prior to the termination of each term.
The Bid ------------------------------------------------------------------------------------------------------------------------- 5.1
Bid Submittal ----------------------------------------------------------------------------------------------------------------- 5.2
Changes to the Specifications -------------------------------------------------------------------------------------------- 5.3
Conditions --------------------------------------------------------------------------------------------------------------------- 5.4
Rights of the Authority ------------------------------------------------------------------------------------------------------ 5.5
Examination of Contract Documents, Familiarity With the Services Required to be Performed ------------ 5.6
Documents to be Submitted ----------------------------------------------------------------------------------------------- 5.7
Bid Forms ---------------------------------------------------------------------------------------------------------------------- 5.8
Project Schedule ------------------------------------------------------------------------------------------------------------- 5.9
Pay-To-Play Disclosure ----------------------------------------------------------------------------------------------------- 5.10
Right To Postpone ----------------------------------------------------------------------------------------------------------- 5.11
Opening of Bids -------------------------------------------------------------------------------------------------------------- 5.12
Authority and Municipality Responsibilities --------------------------------------------------------------------------- 5.13
Shared Services Agreements With Municipalities -------------------------------------------------------------------- 5.14
Oversight ---------------------------------------------------------------------------------------------------------------------- 5.15
Public Education ------------------------------------------------------------------------------------------------------------- 5.16
Enforcement ------------------------------------------------------------------------------------------------------------------ 5..17
Payment of Service Fees ---------------------------------------------------------------------------------------------------- 5.18
Contractors Responsibilities ----------------------------------------------------------------------------------------------- 5.19
Contract ------------------------------------------------------------------------------------------------------------------------ 5.20
Financial Criteria -------------------------------------------------------------------------------------------------------------- 5.21
Project Implementation ----------------------------------------------------------------------------------------------------- 5.22
Provisions for Personnel ----------------------------------------------------------------------------------------------------- 5.23
Provisions for Equipment and Vehicles ----------------------------------------------------------------------------------- 5.24
Operation, Maintenance and Management Services ------------------------------------------------------------------ 5.25
Hours of Operation of Yard Waste Facilities ------------------------------------------------------------------------------ 5.26
Ownership ----------------------------------------------------------------------------------------------------------------------- 5.27
Compost and End Product Marketing ------------------------------------------------------------------------------------- 5.28
Permits --------------------------------------------------------------------------------------------------------------------------- 5.29
Regulatory Compliance ------------------------------------------------------------------------------------------------------- 5.30
Reporting Requirements ------------------------------------------------------------------------------------------------------ 5.31
Minimum Qualification Criteria General Information ------------------------------------------------------------------- 5.32
Minimum Technical Qualifications Criteria ------------------------------------------------------------------------------- 5.33
Minimum Administrative Qualifications Criteria ------------------------------------------------------------------------ 5.34
Minimum Financial Qualifications Criteria ------------------------------------------------------------------------------- 5.35
Submission Requirements --------------------------------------------------------------------------------------------------- 5.36
The bidder understands and agrees that its bid is submitted based on the specifications prepared by the MCIA. The bidder accepts the obligation to become familiar with these specifications.
By submitting a bid, the bidder covenants and agrees that they have satisfied themselves from their own investigation of the conditions to be met, that they fully understand their obligations, and that they shall not make any claim for, or have right to, cancellation or relief, without penalty of the Contract, because of any misunderstanding or lack of information.
Bidders are expected to examine the specifications and related documents with care and observe all their requirements. Ambiguities, errors or omissions noted by bidders should be promptly reported in writing to the Purchasing Agent. In the event the bidder fails to notify the Middlesex County Improvement Authority (MCIA) of such ambiguities, errors or omissions, the bidder shall be bound by the requirements of the specifications and the bidder’s submitted bid.
No oral interpretation and/or clarification of the meaning of the specifications shall be made to any bidder. Every request for an interpretation shall be in writing, addressed to the Purchasing Agent and/or the Purchasing staff member listed in the specifications. To be given consideration, written requests for interpretation shall be received at least five (5) business days prior to the date fixed for the opening of the bids.
All such interpretations, clarifications and any supplemental instructions shall be in the form of written addenda to the specifications, and shall be distributed to all prospective bidders, in accordance with legal authority. All addenda issued shall become part of the contract documents and shall be acknowledged by the bidder in the bid submission. The MCIA’s interpretations or corrections thereof shall be final.
Addenda shall be provided pursuant to the time and manner required by N.J.S.A. 40A:11-23(c)(1). The Acknowledgement of Receipt of Addenda shall be confirmed prior to submission of bid.
N.J.S.A. 52:25-24.2 provides that no business organization, regardless of form of ownership shall be awarded any contract for the performance of any work or the furnishing of any goods and services, unless, prior to the receipt of the bid or accompanying the bid of said business organization, bidders shall submit a statement setting forth the names and addresses of all persons and entities that own ten (10) percent or more of its stock or interest of any type at all levels of ownership. The disclosure shall be continued until names and addresses of every noncorporate stockholder, and individual partner, and member exceeding the ten (10) percent ownership, has been listed.
The included Statement of Ownership shall be completed and attached to the bid. This requirement applies to all forms of business organizations, including, but not limited to, corporations and partnerships, publicly owned corporations, limited partnerships, limited liability corporations, limited liability partnerships, sole proprietorship, and Subchapter S corporations. Failure to submit a disclosure document shall result in rejection of the bid as it cannot be remedied after bids have been opened.
Not-for-profit entities should fill in their name, check the not-for-profit box, and certify the form. No other information is necessary.
N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43), MIDDLESEX COUNTY IMPROVEMENT AUTHORITY - STATEMENT OF OWNERSHIP FORM CAN BE FOUND IN VENDOR QUESTIONNAIRE.
The bidder understands and agrees that its bid is submitted based on the specifications prepared by the MCIA. The bidder accepts the obligation to become familiar with these specifications.
By submitting a bid, the bidder covenants and agrees that they have satisfied themselves from their own investigation of the conditions to be met, that they fully understand their obligations, and that they shall not make any claim for, or have right to, cancellation or relief, without penalty of the Contract, because of any misunderstanding or lack of information.
Bidders are expected to examine the specifications and related documents with care and observe all their requirements. Ambiguities, errors or omissions noted by bidders should be promptly reported in writing to the Purchasing Agent. In the event the bidder fails to notify the Middlesex County Improvement Authority (MCIA) of such ambiguities, errors or omissions, the bidder shall be bound by the requirements of the specifications and the bidder’s submitted bid.
No oral interpretation and/or clarification of the meaning of the specifications shall be made to any bidder. Every request for an interpretation shall be in writing, addressed to the Purchasing Agent and/or the Purchasing staff member listed in the specifications. To be given consideration, written requests for interpretation shall be received at least five (5) business days prior to the date fixed for the opening of the bids.
All such interpretations, clarifications and any supplemental instructions shall be in the form of written addenda to the specifications, and shall be distributed to all prospective bidders, in accordance with legal authority. All addenda issued shall become part of the contract documents and shall be acknowledged by the bidder in the bid submission. The MCIA’s interpretations or corrections thereof shall be final.
Addenda shall be provided pursuant to the time and manner required by N.J.S.A. 40A:11-23(c)(1). The Acknowledgement of Receipt of Addenda shall be confirmed prior to submission of bid.
It is understood and agreed to by the Contractor, that the Authority may cancel this contract at any time by giving prior written notice of said cancellation to the Contractor within sixty (60) days prior to the effective cancellation date.
By responding to the Bid, the Bidder acknowledges and consents to the following conditions relative to the submission, review and consideration of its bid:
Bidder shall, with the delivery of the performance bond, submit an executed payment bond to guarantee payment to laborers and suppliers for the labor and material used in the work performed under the contract.
Failure to submit a labor and material bond with the performance bond shall be cause for declaring the contract null and void.
Directions for submitting the Labor and Material (Payment) Bond will be provided upon award of a contract.
The Bidder shall be familiar with and comply with all applicable local, state and federal laws and regulations in the submission of the Bid and, if the Bidder is awarded the Contract, in the performance of the Contract.
Yard Waste Terminology ----------------------------------------------------------------------------------------------------------- 6.1
Brand names and/or descriptions used in these specifications are to acquaint bidders with the type of goods and services desired and shall be used as a standard by which alternate or competitive materials offered shall be judged. Competitive items shall 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 bid. After requested by the MCIA, failure to provide same shall be cause for rejection. Vendor's literature shall not suffice in explaining exceptions to these specifications. In the absence of any changes by the bidder, it shall be presumed and required that materials as described in the bid be delivered.
In the event the bidder takes exception to any part of the bid specifications, such exceptions shall be clearly identified in the bidder’s response on the Exceptions Form included in this bid package. It is the responsibility of the bidder to demonstrate the equivalency of item(s) offered and submit the equivalent product, when requested by the MCIA. The Middlesex County Improvement Authority (MCIA) reserves the right to evaluate the equivalency of a product which, in its deliberations, meets its requirements.
Any bidder not submitting a product for testing understands and agrees that the MCIA shall consider the bid informal and in the discretion of the MCIA, shall accept or reject same or require proof of equivalency by an outside laboratory at the cost and expense of the bidder. If the MCIA accepts a product claimed to be "equivalent" and after use it proves not to be "equivalent," the MCIA shall have the right to cancel the Contract, return any unused goods, and the bidder shall be responsible to the MCIA for all damages and additional costs incurred by the MCIA. The determination of equivalency shall be solely that of the MCIA.
If prospective bidders are providing prices on non-specified equipment, they shall provide the manufacturer's name, model number, and price and upload a document specifically identified with this information by with their bid submittal.
The bidder guarantees that the item is of first quality throughout and complies in all respects to the standards regularly sold by the manufacturer in the lines ordered. All items shall be guaranteed for at least one (1) year after date of acceptance or if the manufacturer prescribes a guarantee of greater duration, the latter time period of the guarantee shall control. Defective or inferior goods shall be replaced at the expense of the vendor. The vendor shall be responsible for return freight or restocking charges.
In submitting its bid, the bidder certifies that the goods and services to be furnished shall not infringe upon any valid patent or trademark and that the successful bidder shall, at its own expense, defend any and all actions or suits charging such infringement, and shall save the MCIA, its officers, agents, servants, and employees harmless from any liability and/or damages resulting from any such infringement.
Unless called for in the bid specifications, please indicate on the Exceptions Form when recycled products are being offered in lieu of unused products. No products offered shall include fracking waste.
Pursuant to N.J.S.A. 52:32-44, the Middlesex County Improvement Authority is prohibited from entering into a contract with an entity unless the bidder/proposer/contractor, and each subcontractor that is required by law to be named in a bid/proposal/contract has a valid Business Registration Certificate on file with the Division of Revenue and Enterprise Services within the Department of the Treasury.
Prior to contract award or authorization, the contractor shall provide the Contracting Agency with its proof of business registration and that of any named subcontractor(s). Subcontractors named in a bid or other proposal shall provide proof of business registration to the bidder, who in turn, shall provide it to the Contracting Agency prior to the time a contract, purchase order, or other contracting document is awarded or authorized.
During the course of contract performance:
Before final payment is made under the contract, the contractor shall submit to the Contracting Agency a complete and accurate list of all subcontractors used and their addresses.
Pursuant to N.J.S.A. 54:49-4.1, a business organization that fails to provide a copy of a business registration as required, or that provides false business registration information, shall be liable for a penalty of $25 for each day of violation, not to exceed $50,000.00, for each proof of business registration not properly provided under a contract with a contracting agency.
Emergency Purchases or Contracts - For purchases of an emergent nature, the contractor shall provide its Business Registration Certificate within two (2) weeks from the date of purchase or execution of the contract or prior to payment for goods or services, whichever is earlier.
NEW JERSEY BUSINESS REGISTRATION CERTIFICATE SAMPLE CAN BE FOUND IN VENDOR QUESTIONNAIRE.
Upon acceptance of the work by the owner, the contractor shall submit a maintenance bond (N.J.S.A. 40A:11-16.3) in an amount not to exceed TBD% of the project costs guaranteeing against defective quality of work or materials for the period of:
1YEAR
Bids shall be submitted electronically to Middlesex County Improvement Authority (MCIA), hereinafter referred to as “owner”, in accordance with public advertisement as required by law, via Middlesex County Improvement Authority's Electronic Procurement Portal (https://procurement.opengov.com/portal/middlesexcountynj-ia).
Unofficial bid prices will be available at the above portal site shortly after 11:00 am on Wednesday, May 27, 2026.
It is the bidder's responsibility to see that bids are submitted at the time designated. Any bids attempted to be submitted after said designated time shall be automatically rejected by Middlesex County Improvement Authority's Electronic Procurement Portal.
ALL BIDDERS ARE URGED TO MAKE SURE BIDS ARE SUBMITTED PRIOR TO THE DUE DATE.
Bids submitted prior to the designated date and time for submission may be withdrawn and, if desired, modified and resubmitted. Received opened bids shall remain firm for a period of sixty (60) calendar days.
More than one (1) bid from an individual, a firm or partnership, a corporation or association under the same names shall not be considered.
All prices shall be entered on the Bid Sheet, which is part of these specifications.
The Middlesex County Improvement Authority (MCIA) is not responsible for specifications supplied by a third party. Potential bidders are cautioned that they are bidding at their own risk if a third-party supplies specifications that may not be complete.
Brand names and/or descriptions used in these specifications are to acquaint bidders with the type of goods and services desired and shall be used as a standard by which alternate or competitive materials offered shall be judged. Competitive items shall 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 bid. After requested by the MCIA, failure to provide same shall be cause for rejection. Vendor's literature shall not suffice in explaining exceptions to these specifications. In the absence of any changes by the bidder, it shall be presumed and required that materials as described in the bid be delivered.
In the event the bidder takes exception to any part of the bid specifications, such exceptions shall be clearly identified in the bidder’s response on the Exceptions Form included in this bid package. It is the responsibility of the bidder to demonstrate the equivalency of item(s) offered and submit the equivalent product, when requested by the MCIA. The Middlesex County Improvement Authority (MCIA) reserves the right to evaluate the equivalency of a product which, in its deliberations, meets its requirements.
Any bidder not submitting a product for testing understands and agrees that the MCIA shall consider the bid informal and in the discretion of the MCIA, shall accept or reject same or require proof of equivalency by an outside laboratory at the cost and expense of the bidder. If the MCIA accepts a product claimed to be "equivalent" and after use it proves not to be "equivalent," the MCIA shall have the right to cancel the Contract, return any unused goods, and the bidder shall be responsible to the MCIA for all damages and additional costs incurred by the MCIA. The determination of equivalency shall be solely that of the MCIA.
If prospective bidders are providing prices on non-specified equipment, they shall provide the manufacturer's name, model number, and price and upload a document specifically identified with this information by with their bid submittal.
The bidder guarantees that the item is of first quality throughout and complies in all respects to the standards regularly sold by the manufacturer in the lines ordered. All items shall be guaranteed for at least one (1) year after date of acceptance or if the manufacturer prescribes a guarantee of greater duration, the latter time period of the guarantee shall control. Defective or inferior goods shall be replaced at the expense of the vendor. The vendor shall be responsible for return freight or restocking charges.
In submitting its bid, the bidder certifies that the goods and services to be furnished shall not infringe upon any valid patent or trademark and that the successful bidder shall, at its own expense, defend any and all actions or suits charging such infringement, and shall save the MCIA, its officers, agents, servants, and employees harmless from any liability and/or damages resulting from any such infringement.
Unless called for in the bid specifications, please indicate on the Exceptions Form when recycled products are being offered in lieu of unused products. No products offered shall include fracking waste.
Each Bidder must execute and submit as part of the Bid a "Non-Collusion Affidavit" which at a minimum shall attest that:
The Middlesex County Improvement Authority (MCIA) Board of Commissioners reserves the right to accept or reject any or all bids, to waive identified irregularities and technicalities, and to award in whole or in part to the lowest responsible bidder, if it is in the best interest of the MCIA to do so. Without limiting the generality of the foregoing, any bid which is incomplete, obscure, or irregular shall be rejected, and any bid accompanied by any insufficient or irregular certified check, cashier's check or bid bond shall be rejected.
The MCIA further reserves the right to award each item separately to the lowest responsible bidder meeting specifications or to make an award based on the total bid to the bidder, whose total sum is the low bid meeting the specifications, whichever in the awarding authorities' opinion is in the best interest of the MCIA. Without limiting the generality of the foregoing, the MCIA reserves the right to award a contract based on either option that shall be described in the bid or based on any combination thereof.
The Middlesex County Improvement Authority (MCIA) reserves the right to award equal or tie bids at their discretion to any one of the tie bidders. Should the bidder, to whom the contract is awarded, fail to enter into a contract, the MCIA shall then, at its option, accept the bid of the next lowest responsible bidder.
Any contract resulting from this solicitation shall be interpreted in accordance with the laws of the State of New Jersey.
The Bidder may not assign, sell, transfer or otherwise dispose of the Bid or any portion thereof or any right or interest therein without the Authority’s consent, to be exercised in its sole discretion.
The Middlesex County Improvement Authority (MCIA) Board of Commissioners reserves the right to accept or reject any or all bids, to waive identified irregularities and technicalities, and to award in whole or in part to the lowest responsible bidder, if it is in the best interest of the MCIA to do so. Without limiting the generality of the foregoing, any bid which is incomplete, obscure, or irregular shall be rejected, and any bid accompanied by any insufficient or irregular certified check, cashier's check or bid bond shall be rejected.
The MCIA further reserves the right to award each item separately to the lowest responsible bidder meeting specifications or to make an award based on the total bid to the bidder, whose total sum is the low bid meeting the specifications, whichever in the awarding authorities' opinion is in the best interest of the MCIA. Without limiting the generality of the foregoing, the MCIA reserves the right to award a contract based on either option that shall be described in the bid or based on any combination thereof.
The Middlesex County Improvement Authority (MCIA) reserves the right to award equal or tie bids at their discretion to any one of the tie bidders. Should the bidder, to whom the contract is awarded, fail to enter into a contract, the MCIA shall then, at its option, accept the bid of the next lowest responsible bidder.
Any contract resulting from this solicitation shall be interpreted in accordance with the laws of the State of New Jersey.
Unless rejected, all Bids shall remain open until the Contract is awarded, or for sixty (60) calendar days, whichever is less, unless extended in accordance with the Local Public Contracts Law. The Authority may, at its sole discretion, release any Bid and return the Bid security of a Bidder prior to the date hereinabove established.
N.J.S.A. 52:32-55 prohibits State and local public contracts with persons or entities engaging in certain investment activities in energy or finance sectors of Iran. Bidders shall indicate if they comply with the law by certifying on the attached form. Pursuant to N.J.S.A. 40A:11-2.1 the owner is required to notify the New Jersey Attorney General if it determines a false certification has been submitted. This is a mandatory submittal.
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.
DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN FORM CAN BE FOUND IN VENDOR QUESTIONNAIRE.
The Authority reserves, holds, and may exercise, at its sole discretion, the following rights and options with regard to the Bid and the Bid process:
Bid ---------------------------------------------------------------------------------------------------------------------------------------- 7.1
No Exceptions to the Bid Specifications ----------------------------------------------------------------------------------------- 7.2
"Or Equal" Substitutions ------------------------------------------------------------------------------------------------------------- 7.3
Compliance ----------------------------------------------------------------------------------------------------------------------------- 7.4
Conflict of Interest and Non-Collusion -------------------------------------------------------------------------------------------- 7.5
No Assignment of Bid ----------------------------------------------------------------------------------------------------------------- 7.6
Documents Intact ---------------------------------------------------------------------------------------------------------------------- 7.7
Bidders Responsibility ---------------------------------------------------------------------------------------------------------------- 7.8
Examination of Contract Documents ---------------------------------------------------------------------------------------------- 7.9
Site Examination ---------------------------------------------------------------------------------------------------------------------- 7.10
Familiarity With Laws ----------------------------------------------------------------------------------------------------------------- 7.11
No Plea of Ignorance ------------------------------------------------------------------------------------------------------------------ 7.12
Quantities Approximate -------------------------------------------------------------------------------------------------------------- 7.13
Proposal Forms ------------------------------------------------------------------------------------------------------------------------- 7.14
Submission of Bids, Time and Place of Bid Opening ---------------------------------------------------------------------------- 7.15
Addenda Or Amendments to the Bid ----------------------------------------------------------------------------------------------- 7.16
Cost of Bid Preparation ---------------------------------------------------------------------------------------------------------------- 7.17
Disclosure of Information in Bids ---------------------------------------------------------------------------------------------------- 7.18
Bid Acceptance or Rejection ---------------------------------------------------------------------------------------------------------- 7.19
Disposal of Bids ------------------------------------------------------------------------------------------------------------------------- 7.20
Bid Submission -------------------------------------------------------------------------------------------------------------------------- 7.21
Bid Bonds --------------------------------------------------------------------------------------------------------------------------------- 7.22
Bid Security or Bind Bond ------------------------------------------------------------------------------------------------------------- 7.23
Cover Letter and Signature Requirements ----------------------------------------------------------------------------------------- 7.24
Completeness ---------------------------------------------------------------------------------------------------------------------------- 7.25
General Information Submittal Requirements ------------------------------------------------------------------------------------- 7.26
Administrative Information Submittal Requirements ---------------------------------------------------------------------------- 7.27
Financial Information Submittal Requirements ----------------------------------------------------------------------------------- 7.28
Technical Information Submittal Requirements ----------------------------------------------------------------------------------- 7.29
Supplemental Information to be Provide at Bidders Option -------------------------------------------------------------------- 7.30
Bid Forms ----------------------------------------------------------------------------------------------------------------------------------- 7.31
Cost Bid ------------------------------------------------------------------------------------------------------------------------------------- 7.32
Draft Contract Submission ------------------------------------------------------------------------------------------------------------- 7.33
Insurance ----------------------------------------------------------------------------------------------------------------------------------- 7.34
Indemnification ---------------------------------------------------------------------------------------------------------------------------- 7.35
Affirmative Action Requirements ------------------------------------------------------------------------------------------------------ 7.36
Vehicle Dedication Affidavit ------------------------------------------------------------------------------------------------------------- 7.37
Bids will be compared on the basis of a total computed price arrived at by taking the sum of the estimated quantities of each item multiplied by the corresponding unit prices, and including any lump sum prices or allowances on individual items, in accordance with the estimate of quantities set forth in the bid form, and including the correction of any conflicts or discrepancies as provided herein.
In evaluating Bids, the Authority shall consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and alternates and supplemental unit prices if requested in the Bid forms. The Authority may conduct such investigations as it deems necessary to establish the responsibility, qualifications and financial ability of the Bidders to do the work in accordance with the Contract Documents to the Authority's satisfaction within the prescribed time.
After the opening of Bids, and prior to award of the Contract, or rejection of all Bids, the Authority may request, and the apparent low Bidder shall provide, such information as the Authority deems necessary regarding the identity, qualifications and current work commitments of proposed Subcontractor(s) and/or proposed suppliers of principal materials or items of equipment which may have significant bearing upon the Bidder's qualifications to complete the project work in full accordance with the terms and conditions of the Contract Documents.
This is a firm fixed contract, prices firm, FOB destination. No price escalation shall be allowed unless specified elsewhere in these specifications. The contract shall be void and the Middlesex County Improvement Authority (MCIA) shall solicit a new contract should any price increase or surcharge be imposed.
Quotations, Bids and Forms --------------------------------------------------------------------------------------------------------------- 8.1
Signatures ------------------------------------------------------------------------------------------------------------------------------------- 8.2
Interpretations and Addenda ------------------------------------------------------------------------------------------------------------- 8.3
Brand Names, Standards of Quality and Performance, Patents ------------------------------------------------------------------- 8.4
Award of Bid ----------------------------------------------------------------------------------------------------------------------------------- 8.5
Firm Fixed Contract -------------------------------------------------------------------------------------------------------------------------- 8.6
Form of Contract ------------------------------------------------------------------------------------------------------------------------------ 8.7
Federal and State Taxes --------------------------------------------------------------------------------------------------------------------- 8.8
Compliance with Laws & Legal Interpretations ---------------------------------------------------------------------------------------- 8.9
Failure to Perform, Remuneration of Inspectors -------------------------------------------------------------------------------------- 8.10
Payments to Subcontractors and Materialmen --------------------------------------------------------------------------------------- 8.11
Protection of Items & Property ----------------------------------------------------------------------------------------------------------- 8.12
Time for Contract Award and Bid Rejection -------------------------------------------------------------------------------------------- 8.13
Payment --------------------------------------------------------------------------------------------------------------------------------------- 8.14
Multi Year Contracts ------------------------------------------------------------------------------------------------------------------------- 8.15
Assignment, Acquisition, Merge, Sale and/or Transfer of Business Etc. ---------------------------------------------------------- 8.16
Amendments to "Truth in Contracting" N.J.S.A. 2C: 21-33 et seq. ----------------------------------------------------------------- 8.17
Non Allocation of Funding Termination -------------------------------------------------------------------------------------------------- 8.18
W-9 ---------------------------------------------------------------------------------------------------------------------------------------------- 8.19
HIPPA (If Applicable) ------------------------------------------------------------------------------------------------------------------------ 8.20
Accidents, Injuries, Damages -------------------------------------------------------------------------------------------------------------- 8.21
Termination ------------------------------------------------------------------------------------------------------------------------------------ 8.22
Additions/Deletions of Service & Quantities ------------------------------------------------------------------------------------------- 8.23
Specification Challenges -------------------------------------------------------------------------------------------------------------------- 8.24
Ownership of Material ------------------------------------------------------------------------------------------------------------------------ 8.25
Payment of Commodities/Services ------------------------------------------------------------------------------------------------------- 8.26
Public Emergency ------------------------------------------------------------------------------------------------------------------------------ 8.27
State of New Jersey Right to Audit --------------------------------------------------------------------------------------------------------- 8.28
Contents of Bid Submission ----------------------------------------------------------------------------------------------------------------- 8.29
Bidders Withdrawal Clause ------------------------------------------------------------------------------------------------------------------ 8.30
Mandatory Equal Employment Opportunity Language -------------------------------------------------------------------------------- 8.31
New Jersey Anti-Discrimination Provisions N.J.S.A. 10:2-1 et seq. ------------------------------------------------------------------ 8.32
Americans With Dis abilities Act of 1990 -------------------------------------------------------------------------------------------------- 8.33
Corporate Resolution -------------------------------------------------------------------------------------------------------------------------- 8.34
P.L. 2022, c. 3 prohibits the award, renewal, amendment, or extension of State and local public contracts for goods or services with all persons and entities appearing on the list of Specially Designated Nationals and Blocked Persons promulgated by the Office of Foreign Assets Control (OFAC list) on account of activity relating to Russia or Belarus.
Before a goods and services contract can be entered into, vendors and contractors must certify that neither they nor any parent entity, subsidiary, or affiliate is listed on the OFAC List due to activity related to Russia and/or Belarus pursuant to P.L. 2022, c. 3.
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. This is a mandatory submittal.
Statutory References: P.L.2002, c. 3; N.J.S.A 40A:11:2.1
CERTIFICATION OF NON‐INVOLVEMENT IN PROHIBITED ACTIVITIES IN RUSSIA OR BELARUS FORM CAN BE FOUND IN THE VENDOR QUESTIONNAIRE.
Bids shall be prepared using the Bid sheets as contained in these Contract Documents and shall be submitted in compliance with the conditions and format as required herein.
Required documents together with the Bid Guarantee and any other supplemental information are to be uploaded in the Vendor Questionnaire section (Section 11) of this solicitation.
It is the responsibility of each Bidder before submitting a Bid to (a) examine the Bid thoroughly, (b) become familiar with and consider all federal, state and local laws, regulations, ordinances, permits, approvals and orders that may affect the cost, performance or furnishing of the Services, and (c) notify the Authority of all conflicts, errors or discrepancies in the Bid.
Before submitting a Bid, each Bidder, at the Bidder's own expense, shall make or obtain any additional inspections, examinations, or studies and obtain any additional data and information that may affect its cost, progress, performance or furnishing of the Services that the Bidder deems necessary to compile its Bid for performing and furnishing such Services. Each Bidder desiring to submit a Bid will be afforded an opportunity to inspect and evaluate all Designated Sites. Appointments for facility inspections will be scheduled, at the Authority's convenience, during normal work hours, by contacting Kevin McQueeney, QPA at kevin.mcqueeney@mciauth.com . The failure or omission of the Bidders to receive and examine any form, instrument, or document, or to make required inquiries and inspections, shall not relieve the Bidders from any obligation contained in the Agreement.
The submission of a Bid will constitute a conclusive and binding representation by such Bidder that such Bidder has complied with every requirement of this Section, that without exception the Bid is premised upon performing and furnishing the Services as required herein, and that the Bid Documents are sufficient in scope and detail to indicate and convey the understanding of the parties as to all terms and conditions for performing and furnishing such Services.
This is a firm fixed contract, prices firm, FOB destination. No price escalation shall be allowed unless specified elsewhere in these specifications. The contract shall be void and the Middlesex County Improvement Authority (MCIA) shall solicit a new contract should any price increase or surcharge be imposed.
It is understood that the bid specifications, the bid which is submitted in response thereto and the resolution adopted by the Middlesex County Improvement Authority (MCIA) Board of Commissioners accepting the bid, shall collectively constitute a binding contract between the Middlesex County Improvement Authority (MCIA) and the successful bidder.
Government entities are not private business/consumer clients; therefore, separate company agreements are not honored unless they are submitted with the bid and approved by the MCIA Counsel. Terms of the specifications/bid package prevail unless otherwise noted by the vendor as exceptions.
The Contract will be awarded, if at all, to the lowest responsive responsible Bidder, as determined by the Authority, in its sole discretion, and by the terms and conditions of the Contract Documents.
The determination of the low Bid shall be made based on the total base Bid. The Authority may elect to accept the options in its sole discretion.
The right is also reserved to increase or decrease the quantities specified in the manner designated in the Specifications.
It is understood that the bid specifications, the bid which is submitted in response thereto and the resolution adopted by the Middlesex County Improvement Authority (MCIA) Board of Commissioners accepting the bid, shall collectively constitute a binding contract between the Middlesex County Improvement Authority (MCIA) and the successful bidder.
Government entities are not private business/consumer clients; therefore, separate company agreements are not honored unless they are submitted with the bid and approved by the MCIA Counsel. Terms of the specifications/bid package prevail unless otherwise noted by the vendor as exceptions.
Any Bid submitted in response to this Bid Request must comply with the provisions of Section 3 hereof in order for a Bid to be deemed responsive. The Bidders are urged to read Sections 9 and 11 hereof carefully in order to obtain a complete understanding of the requirements for submission of its Bid.
The following documents shall be submitted by every Bidder at the time and date specified in the public notice:
1. - Business Questionnaire setting forth experience and qualifications.
2. - Guarantee in the form of a Bid bond, certified check or cashier's check in the amount of 10% of the total amount of the Bid, not to exceed $20,000; payable to the Middlesex County Improvement Authority.
3. - Non-collusion affidavit.
4. - Statement of Ownership Disclosure.
5. - Certificate of surety.
6. - Disclosure of Investment Activities in Iran Form.
7. - Disclosure of Prohibited Activities in Russia and Belarus
8. - Certification of Equipment
9. - Affirmative Action Program Affidavit.
10. - Corporate Resolution of Authorization.
11. - ADA Compliance Form
12. - W-9 Copy
13. - FTA Lobbying Certificate
14. - Certificate of Liability Insurance
15. - State Contractor Business Registration Certificate. Bidder must be registered at the time of submission of Bid but must provide copy of Certificate prior to contract award.
16. - Technical Operations Bid
17. - Listing of proposed Contractor’s sites as required by the specifications, permit numbers, committed and remaining capacities and proposed end markets.
18. - EEO Affirmative Action Compliance Notice
19. - Price Certification Form
20. - Cost Proposal
All of the foregoing shall be submitted in accordance with the instructions hereinafter contained. The division of the Specifications into parts is merely for convenience and ready reference; all parts of the Specifications constitute a single document.
Before submitting their Bid, each Bidder must (a) examine the Contract Documents thoroughly, (b) visit the sites to familiarize themselves with the local conditions that may in any manner affect performance of the Work, (c) review the information relied upon by the Authority in preparing the Specifications and/or obtain any additional information deemed necessary to determine their Bid price(s) for performance of the Work, (d) familiarize themselves with laws, and regulations affecting performance of the Work; and (e) carefully correlate their observations with the requirements of the Contract Documents.
Mandatory EEO/Affirmative Action Evidence --------------------------------------------------------------------------------------------- 9.1
New Jersey Anti Discrimination -------------------------------------------------------------------------------------------------------------- 9.2
Americans with Disabilities Act of 1990 ---------------------------------------------------------------------------------------------------- 9.3
Statement of Ownership ----------------------------------------------------------------------------------------------------------------------- 9.4
New Jersey Business Registration ----------------------------------------------------------------------------------------------------------- 9.5
Disclosure of Investment Activities in Iran ------------------------------------------------------------------------------------------------- 9.6
Prohibited Activities in Russia and Belarus ------------------------------------------------------------------------------------------------- 9.7
Document Checklist ---------------------------------------------------------------------------------------------------------------------------- 9.8
Non-Collusion Affidavit ------------------------------------------------------------------------------------------------------------------------- 9.9
New Jersey Prevailing Wage Act -------------------------------------------------------------------------------------------------------------- 9.10
Equipment Certification ------------------------------------------------------------------------------------------------------------------------ 9.11
Debarment/ Suspension Certification ------------------------------------------------------------------------------------------------------ 9.12
The owner is exempt from any local, state, or federal sales, use or excise tax. The owner will not pay for N.J. State Sales and Use Tax that are included in any invoices.
Exemption Certificates will be furnished upon request by the Purchasing Agent.
Bidder shall complete and sign the Bid Submission Document Checklist and include it in the bid submission. For construction bids, failure to submit the checklist is a fatal defect and the bid shall be rejected. This document serves as a guide to bidders of the documents that are required to be submitted with the bid.
MIDDLESEX COUNTY IMPROVEMENT AUTHORITY - DOCUMENT CHECKLIST FORM CAN BE FOUND IN DETAIL SPECIFICATIONS.
Each Price Certification Signature Form shall give the full business address, business phone, fax, e-mail if available, the contact person of the bidder, and be signed by an authorized representative as follows:
THE PRICE CERTIFICATION SIGNATURE FORM CAN BE FOUND IN VENDOR QUESTIONNAIRE
With each monthly bill submitted in accordance with Section 3.5 below, the Contractor shall submit monthly and annual reports that identify, for each Municipality, the amount of Acceptable Yard Materials, by category, that were either delivered to or removed from the Municipal Sites or Regional Site on behalf of each Municipality, an activity report for each Designated Site or Regional Site that includes, but is not limited to, the total amount of material delivered to/removed from and processed on each such site in accordance with the terms of this Agreement, the types and amounts of end products and Compost produced in the preceding month, and the ultimate disposition of such materials, identifying specific markets and/or place of disposition, amounts and prices, plus all of the information set forth in Section 1.2(G) above. The Contractor shall provide any reasonable back-up data and documentation related to the Program to the Authority or to a requesting Municipality upon request. The weight and volumes of Acceptable Yard Materials and Compost and/or other end products shall be determined in accordance with Section 1.2(G) above.
The Authority shall at any time and from time to time have the right to audit Contractor’s records and books to verify that Contractor’s reporting and quantities are accurate
The owner is exempt from any local, state, or federal sales, use or excise tax. The owner will not pay for N.J. State Sales and Use Tax that are included in any invoices.
Exemption Certificates will be furnished upon request by the Purchasing Agent.
Any or all proposals may be rejected (a) if competition has obviously been suppressed; (b) if the prices are obviously unbalanced; (c) if received from Bidders who have previously performed work of a like nature in an unsatisfactory manner; (d) if received from a Bidder who has insufficient experience in performing the required Services; (e) if received from a Bidder who has insufficient or inadequate equipment as necessary to perform the required Services; (f) if received from a Bidder who does not have recycling facilities with sufficient capacity to handle the type and quantity of Recyclables generated under the Program; (g) if the Bid exceeds the Authority's budget or estimate for the services; (h) if it is deemed advisable to do so in the best interest of the Authority, or (i) for any other reason permitted by law.
The Authority expressly reserves the right to reject any and all Bids and to re-advertise for new Bids or abandon the project as may best serve the Authority's interest.
Intent -------------------------------------------------------------------------------------------------------------------------------------------------10.1
Scope of Services --------------------------------------------------------------------------------------------------------------------------------- 10.2
Contract Period ------------------------------------------------------------------------------------------------------------------------------------ 10.3
Termination ----------------------------------------------------------------------------------------------------------------------------------------- 10.4
Opening of Bids ------------------------------------------------------------------------------------------------------------------------------------ 10.5
Bid to Remain Open - No Withdrawal Period ------------------------------------------------------------------------------------------------- 10.6
Evaluation and Comparison of Bids ------------------------------------------------------------------------------------------------------------ 10.7
Basis of Award -------------------------------------------------------------------------------------------------------------------------------------- 10.8
Rejection of Bids ----------------------------------------------------------------------------------------------------------------------------------- 10.9
Informalities and/or Irregularities ------------------------------------------------------------------------------------------------------------- 10.10
Award of Contract --------------------------------------------------------------------------------------------------------------------------------- 10.11
Notice of Award ------------------------------------------------------------------------------------------------------------------------------------ 10.12
Form of Contract and Bond --------------------------------------------------------------------------------------------------------------------- 10.13
Contract Documents ----------------------------------------------------------------------------------------------------------------------------- 10.14
Method of Payment - Payment in Accordance with Contract Proposal Amounts --------------------------------------------------- 10.15
Labor ------------------------------------------------------------------------------------------------------------------------------------------------- 10.16
Laws and Ordinances ----------------------------------------------------------------------------------------------------------------------------- 10.17
Oral Instructions ----------------------------------------------------------------------------------------------------------------------------------- 10.18
Technical Specification & Scope of Service to be Provided ------------------------------------------------------------------------------- 10.19
Purpose ---------------------------------------------------------------------------------------------------------------------------------------------- 10.20
General ----------------------------------------------------------------------------------------------------------------------------------------------- 10.21
Facilities Ownership, Possession and Use ----------------------------------------------------------------------------------------------------- 10.22
Contractor to Act for Benefit of the Authority ------------------------------------------------------------------------------------------------ 10.23
Familiarity With the Work -------------------------------------------------------------------------------------------------------------------------- 10.24
Soil Conditions --------------------------------------------------------------------------------------------------------------------------------------- 10.25
Subsurface Conditions ----------------------------------------------------------------------------------------------------------------------------- 10.26
Other Work -------------------------------------------------------------------------------------------------------------------------------------------- 10.27
Licenses ----------------------------------------------------------------------------------------------------------------------------------------------- 10.28
Permits ------------------------------------------------------------------------------------------------------------------------------------------------ 10.29
Compliance with Laws and Regulations -------------------------------------------------------------------------------------------------------- 10.30
Water Quality Procedures -------------------------------------------------------------------------------------------------------------------------- 10.31
Air Resources Protection --------------------------------------------------------------------------------------------------------------------------- 10.32
Waste Disposal Containers ------------------------------------------------------------------------------------------------------------------------- 10.33
Odor Control ------------------------------------------------------------------------------------------------------------------------------------------- 10.34
Noise Control ------------------------------------------------------------------------------------------------------------------------------------------ 10.35
Vermin Control ---------------------------------------------------------------------------------------------------------------------------------------- 10.36
Staffing -------------------------------------------------------------------------------------------------------------------------------------------------- 10.37
Vehicle and Container Requirements -------------------------------------------------------------------------------------------------------------- 10.38
Existing Authority Equipment ----------------------------------------------------------------------------------------------------------------------- 10.39
Consumables ------------------------------------------------------------------------------------------------------------------------------------------- 10.40
Maintenance --------------------------------------------------------------------------------------------------------------------------------------------- 10.41
Telephone ------------------------------------------------------------------------------------------------------------------------------------------------ 10.42
Sanitary Facilities -------------------------------------------------------------------------------------------------------------------------------------- 10.43
Water ----------------------------------------------------------------------------------------------------------------------------------------------------- 10.44
Field Office ----------------------------------------------------------------------------------------------------------------------------------------------- 10.45
Security --------------------------------------------------------------------------------------------------------------------------------------------------- 10.46
Safety ------------------------------------------------------------------------------------------------------------------------------------------------------ 10.47
Emergency Procedures -------------------------------------------------------------------------------------------------------------------------------- 10.48
Protection of Property --------------------------------------------------------------------------------------------------------------------------------- 10.49
Site(s) Maintenance ------------------------------------------------------------------------------------------------------------------------------------ 10.50
Limits ------------------------------------------------------------------------------------------------------------------------------------------------------ 10.51
Preparation ----------------------------------------------------------------------------------------------------------------------------------------------- 10.52
Grading ---------------------------------------------------------------------------------------------------------------------------------------------------- 10.53
Waterways/Surface Drainage ------------------------------------------------------------------------------------------------------------------------ 10.54
Access Roads -------------------------------------------------------------------------------------------------------------------------------------------- 10.55
Source ----------------------------------------------------------------------------------------------------------------------------------------------------- 10.56
Receipt/ Rejections ------------------------------------------------------------------------------------------------------------------------------------- 10.57
Disposition ------------------------------------------------------------------------------------------------------------------------------------------------ 10.58
Ownership ------------------------------------------------------------------------------------------------------------------------------------------------ -10.59
Resultant End Product Materials --------------------------------------------------------------------------------------------------------------------- 10.60
Accounting and Reporting Standards --------------------------------------------------------------------------------------------------------------- 10.61
Reporting Requirements -------------------------------------------------------------------------------------------------------------------------------- 10.62
Vehicle Tickets -------------------------------------------------------------------------------------------------------------------------------------------- 10.63
Quantities -------------------------------------------------------------------------------------------------------------------------------------------------- 10.64
Maintenance Records ----------------------------------------------------------------------------------------------------------------------------------- 10.65
Inquiries and Complaints ------------------------------------------------------------------------------------------------------------------------------ 10.66
Audit -------------------------------------------------------------------------------------------------------------------------------------------------------- 10.67
Wage Rate Record Keeping ---------------------------------------------------------------------------------------------------------------------------- 10.68
Operation, Maintenance and Management of the Facility -------------------------------------------------------------------------------------- 10.69
Leaf Program --------------------------------------------------------------------------------------------------------------------------------------------- 10.70
Brush Program ------------------------------------------------------------------------------------------------------------------------------------------- 10.71
Grass Program ------------------------------------------------------------------------------------------------------------------------------------------- 10.72
Addition or Deletion of Municipal Sites ------------------------------------------------------------------------------------------------------------- 10.73
Provision of Site ------------------------------------------------------------------------------------------------------------------------------------------ 10.74
Payment --------------------------------------------------------------------------------------------------------------------------------------------------- 10.75
Bid Sheet Definition ------------------------------------------------------------------------------------------------------------------------------------- 10.76
Bidders shall examine the Specifications and other Contract Documents and shall exercise their own judgment as to the nature and amount of the whole of the work to be done, and for the Bid prices must assume all risk of variance, by whomsoever made, in any computation or statement of amounts or quantities necessary to complete the work in strict compliance with the Contract Documents.
Bidders shall comply with all laws relating to sale of and purchase by County Governments and Municipal Corporations insofar as they pertain to the purchase made under this Contract and shall pay prevailing wages as provided by law.
Any contract resulting from this bid shall be governed by and construed and enforced in accordance with the laws of the State of New Jersey without regard to principles of conflict of laws, except that Federal law shall apply as to matters where New Jersey law is preempted by Federal law. The bidder agrees and consents to be subject to the exclusive jurisdiction and venue of State or Federal courts, as appropriate, located in New Jersey in any suit, action, or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with, this Contract.
Advertisement for Bid Tuesday - April 21, 2026
Due Date of Question Submittals Thursday - April 30, 2026
Bid Receipt and Opening Wednesday - May 27, 2026 @11:00 am
Bid Evaluation Wednesday - May 27, 2026
Recommendation of Award Wednesday - June 10, 2026
Award of Contract Wednesday - June 10, 2026
Commencement of Services September 1, 2026
The Authority may consider informal, or irregular, any Bid not prepared and submitted in accordance with the provisions stipulated. The Authority reserves the right to waive any informalities in the Bids, and the right to disregard any and all non-conforming or conditional Bids or counter Proposals.
To ensure that the bidder has not participated in any collusion, directly or indirectly, with any other bidder or public entity representative, or otherwise taken any action in restraint of free and competitive bidding, all bidders shall properly execute and submit the attached Non-Collusion Affidavit prior to award. The Affidavit required shall be executed on behalf of the applicable person or entity by an authorized officer or representative of the person or entity.
MIDDLESEX COUNTY IMPROVEMENT AUTHORITY - NON-COLLUSIN AFFIDAVIT CAN BE FOUND IN VENDOR QUESTIONNAIRE WITH NOTARIZATION INFORMATION.
Bidders shall comply with all laws relating to sale of and purchase by County Governments and Municipal Corporations insofar as they pertain to the purchase made under this Contract and shall pay prevailing wages as provided by law.
Any contract resulting from this bid shall be governed by and construed and enforced in accordance with the laws of the State of New Jersey without regard to principles of conflict of laws, except that Federal law shall apply as to matters where New Jersey law is preempted by Federal law. The bidder agrees and consents to be subject to the exclusive jurisdiction and venue of State or Federal courts, as appropriate, located in New Jersey in any suit, action, or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with, this Contract.
Before submitting a Bid, Bidders shall carefully examine the sites and fully inform themselves as to all existing conditions and limitations. Bidders shall make all necessary investigations to determine the various means of approach and access to the sites, to determine the facilities and means for delivery, placing, and operating the necessary equipment and for delivering and handling materials at the sites, and to inform themselves thoroughly as to all difficulties involved in the completion of all Work under this Contract in accordance with its requirements.
Bidders Checklist ---------------------------------------------------------------------------------------------------------------------------------- 11.1
Business Questionnaire -------------------------------------------------------------------------------------------------------------------------- 11.2
Statement of Ownership ------------------------------------------------------------------------------------------------------------------------- 11.3
Notice of Exceptions ------------------------------------------------------------------------------------------------------------------------------ 11.4
Price Certification Signature -------------------------------------------------------------------------------------------------------------------- 11.5
Consent of Surety --------------------------------------------------------------------------------------------------------------------------------- 11.6
Bid Guarantee -------------------------------------------------------------------------------------------------------------------------------------- 11.7
Non-Collusion Affidavit --------------------------------------------------------------------------------------------------------------------------- 11.8
Corporate Resolution ----------------------------------------------------------------------------------------------------------------------------- 11.9
Disclosure of Investment Activities in Iran -------------------------------------------------------------------------------------------------- 11.10
Disclosure of Prohibited Activities in Russia and Belarus -------------------------------------------------------------------------------- 11.11
Certificate of Non-Debarment ----------------------------------------------------------------------------------------------------------------- 11.12
Business Registration Certificate ------------------------------------------------------------------------------------------------------------- 11.13
EEO Affirmative Action Compliance Notice and Certificate of Employee Information Report ----------------------------------- 11.14
W-9 -------------------------------------------------------------------------------------------------------------------------------------------------- 11.15
ADA Compliance Form --------------------------------------------------------------------------------------------------------------------------- 11.16
Certificate of Liability Insurance --------------------------------------------------------------------------------------------------------------- 11.17
New Jersey Prevailing Wage Act ----------------------------------------------------------------------------------------------------------------11.18
Equipment Certification Form ------------------------------------------------------------------------------------------------------------------ 11.19
Vehicle/Equipment Schedule ------------------------------------------------------------------------------------------------------------------ 11.20
FTA Lobbying Certification ---------------------------------------------------------------------------------------------------------------------- 11.21
Additional Documents if Any (Not Required) ----------------------------------------------------------------------------------------------- 11.22
Pay-to-Play Disclosure - 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-20.27 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 888-313-3532 or at www.elec.state.nj.us.
The Contractor shall provide all personnel, including operators and drivers, as necessary to properly perform its duties under this Agreement. All Contractor personnel engaged in the performance of transportation services hereunder shall be properly trained and licensed to perform the work and must possess a valid driver's license to operate the type of transportation and hauling vehicles utilized by the Contractor to perform the Yard Waste Recycling Services. All personnel utilized by the Contractor shall be competent and skilled in the performance of the duties to which they are assigned, and shall comply with all applicable federal, state and local laws and regulations and with all other reasonable rules and regulations of the Designated Sites and Regional Site.
The manufacturer or supplier of chemical substances or mixtures shall label them in accordance with the N.J. Worker and Community Right to Know Law (N.J.S.A. 34:5A-1 et seq., and N.J.A.C 8:59-1.1 et seq.,). All direct use containers shall bear a label indicating the chemical name(s) and Chemical Abstracts Service number(s) of all hazardous substances in the container, and all other substances which are among the five most predominant substances in the container, or their trade secret registry number(s) pursuant to N.J.A.C. 8:59-5. "Container" means a receptacle used to hold a liquid, solid or gaseous substance such as bottles, bags, barrels, cans, cylinders, drums and cartons. (N.J.A.C. 8:59-1.3). Further, all applicable Material Safety Data Sheets (MSDS) - hazardous substance fact sheet - shall be furnished. All containers which are stored at an owner’s facilities by the contractor or subcontractors shall display RTK labeling. Vendors with questions concerning labeling should contact the New Jersey Department of Health and Senior Services Right to Know Program for assistance in developing proper labels. www.nj.gov/health/workplacehealthandsafety/right-to-know/
If the Contract is awarded, after comparison of the amounts of the various Bids and evaluation of the experience, competence, responsibility and availability of the Bidders, it will be awarded to the lowest responsive responsible Bidder whose evaluation by the Authority indicates acceptance of said Bid will best serve the Authority's interest and formalized by public resolution of the Authority within sixty (60) calendar days of the date of receipt of Bids, or any agreed upon extensions.
Before submitting a Bid, each Bidder shall fully familiarize itself with any and all Federal and State Laws and/or local Municipal Ordinances and Regulations affecting the performance of the Work as necessary to determine its Bid price(s).
BID/COST Proposal -------------------------------------------------------------------------------------------------------------------------------- 12.1
If any wages are required to be paid by the Middlesex County Improvement Authority (MCIA) to any inspector or inspectors necessarily employed by it or any work required by these specifications for any number of days more than the number allowed in these specifications for performance of the work, the Middlesex County Improvement Authority (MCIA) shall deduct from the contract price any such wages paid or to be paid.
If any wages are required to be paid by the Middlesex County Improvement Authority (MCIA) to any inspector or inspectors necessarily employed by it or any work required by these specifications for any number of days more than the number allowed in these specifications for performance of the work, the Middlesex County Improvement Authority (MCIA) shall deduct from the contract price any such wages paid or to be paid.
Appendix A - County Location Map
Appendix B - Municipality Location Map
Appendix C - Yard Waste Sites and Municipalities with Approximate Annual Tonnages
Appendix D - Annual Recycling Tonnages by Municipality ( 2021 thru 2025)
Appendix E - Form of Bond
Appendix F - NJDEP Yard Waste Conversion Factor
The successful bidder and/or its bonding company shall be responsible for indemnifying and holding the Middlesex County Improvement Authority (MCIA) harmless from all actions instituted by subcontractors and/or materialmen for the failure by the contractor or its bonding company to make timely payment for work provided to the contractor or bonding company. The contractor and/or bonding company shall further be responsible for payment for all services provided by any consultant or agent of the Middlesex County Improvement Authority (MCIA) in connection with any suit or action filed by a subcontractor or materialman.
The successful bidder and/or its bonding company shall be responsible for indemnifying and holding the Middlesex County Improvement Authority (MCIA) harmless from all actions instituted by subcontractors and/or materialmen for the failure by the contractor or its bonding company to make timely payment for work provided to the contractor or bonding company. The contractor and/or bonding company shall further be responsible for payment for all services provided by any consultant or agent of the Middlesex County Improvement Authority (MCIA) in connection with any suit or action filed by a subcontractor or materialman.
After formal action by the Authority to award the Contract, the Authority will furnish the successful Bidder with two (2) sets of the Contract Documents and an official "Notice of Award" for timely execution of the Contract Agreement by said successful Bidder (all copies) and return of same, together with required original bond and insurance policies and/or certificates within ten (10) calendar days of said notice, ready for endorsement by appropriate officials of the Authority and review by Authority's Attorney.
The Contractor shall be fully responsible for the clean-up of any Acceptable Yard Materials or other materials used by the Contractor in connection with the work to be performed hereunder, including but not limited to, fuels, oils, lubricants, etc., that are spilled from a transportation trailer and/or container or discharged in any manner on any public road or on any facility or site used by the Contractor. The Contractor must act immediately, diligently and with all due dispatch to respond to the spill and to initiate clean-up activities in accordance with all applicable laws and regulations. If clean-up of a spill is not initiated with all due haste, the Authority, at its option, may perform any clean-up not performed by the Contractor and may withhold from amounts otherwise due to the Contractor the cost, plus 10% thereof, of its expenses incurred in performing any such clean-up.
The MCIA reserves the right to postpone the date for presentation and opening of bids and shall give notice via the MCIA’s Electronic Procurement Portal of any such postponement to the bid as required by law.
Disclaimer - The terms “Bidder”, “Contractor”, “Vendor”, "Proposer", may be used interchangeably herein and are meant to reference the entity submitting the bid.
OPENING OF BIDS, COMPARISON, AWARD AND EXECUTION OF CONTRACT
Pursuant to N.J.S.A. 34:11-56.25 et seq., contractors on projects for public work shall adhere to all requirements of the New Jersey Prevailing Wage Act. The contractor shall be required to submit a certified payroll record to the owner within ten (10) days of the payment of the wages. In the event it is found that any worker, employed by the contractor or any subcontractor has been paid a rate of wages less than the prevailing wage required to be paid, the owner shall terminate the contractor's or subcontractor's right to proceed with the work, or such part of the work as to which there has been a failure to pay required wages and prosecute the work to completion.
The contractor is also responsible for obtaining and submitting all subcontractors' certified payroll records within the aforementioned time period. The contractor shall submit said certified payrolls in the form set forth in N.J.A.C. 12:60-6.1(c). It is the contractor's responsibility to obtain any additional copies of the certified payroll form to be submitted by contacting the New Jersey Department of Labor and Workforce Development, Division of Workplace Standards.
Additional information is available at http://lwd.dol.state.nj.us/labor/wagehour/wagerate/pwr_construction.html
No plea of ignorance of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the Work under this Contract, as a result of failure to make the necessary examinations and investigations, will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill, in every detail, all of the requirements of the Contract Documents, or will be accepted as a basis for any claim whatsoever for extra compensation or for an extension of time.
Each Bid submitted shall implicitly represent on the part of the Bidder that the Bidder is the only person or persons interested in said Bid; that it is made without any connection with any person submitting another Bid for the same contract; that the Bid is in all respects fair and without collusion, fraud or mental reservation; that no official of the Authority, or any person in the employ of the said Authority is directly or indirectly interested in said Bid or in the supplies or work to which it relates, or in any portion of the profits thereof.
N.J.S.A. 34:11-56.48, et seq. requires that a general or prime contractor and any listed subcontractors named in the contractor’s bid proposal shall possess a certificate at the time the bid proposal is submitted. After bid proposals are received, and prior to award of contract, the successful contractor shall submit a copy of the contractor’s certification along with those of all listed subcontractors. All non-listed subcontractors and lower tier sub-subcontractors shall be registered prior to starting work on the project. It is the general contractor’s responsibility that all non-listed sub-contractors at any tier have their certificate prior to starting work on the job.
Under the law, a “contractor” is “a person, partnership, association, joint stock company, trust, corporation or other legal business entity or successor thereof who enters into a contract” which is subject to the provisions of the New Jersey Prevailing Wage Act (N.J.S.A. 34:11-56.25, et seq.) It applies to contractors based in New Jersey or in another state.
To register, a contractor shall provide the State Department of Labor with a full and accurately completed application form. The form is available online at www.state.nj.us/labor/Isse/Ispubcon.html N.J.S.A. 34:11 56.55 specifically prohibits accepting applications for registration as a substitute for a certificate or registration.
The form of Contract Agreement and Bond to be used in connection with the Contract and to become a part of the Contract Documents may be found within these Bid Documents.
At the time of the execution of the Contract, the Bidder to whom the Contract has been awarded shall furnish and deliver a properly executed Performance Bond in an amount at least equal to 100% of the total price of the first year's value of the Contract as awarded and as security for faithful performance of the Contract. The surety on the bond must be a corporate surety and must meet the requirements stated herein.
The performance bond for the succeeding year shall be delivered to the Authority with proof of full payment of the premium sixty (60) days prior to the expiration of the current bond.
Failure to deliver a performance bond for any year of the multi-year Contract sixty (60) days prior to the termination of the current bond will constitute a breach of Contract and will entitle the Authority to draw upon the bond and terminate the Contract upon the expiration of the current bond. Notwithstanding termination pursuant to this section, the Contractor is obligated to fully perform through the date of termination of the Contract and damages shall be assessed in an amount equal to the costs incurred by the Authority in re-Bidding the Contract and any increased costs to procure the Services.
The successful bidder shall continuously maintain adequate protection for all their items and the MCIA’s property from injury, damage or loss arising in connection with the Contract. They shall make good such damage, injury or loss.
Upon termination of the Contract, the Contractor shall be responsible for the removal of any and all of the vehicles and equipment which may have been placed in the Designated Sites and Regional Site. The Designated Sites shall be returned by Contractor to the condition as existed at commencement of the Term of the Agreement.
ARTICLE II - TERM
Bids shall be submitted electronically via the Middlesex County Improvement Authority's Electronic Procurement Portal https://procurement.opengov.com/portal/middlesexcountynj-ia.
The bid opening will be live streamed via Zoom. Zoom meeting on Wednesday May 27, 2026 at 11 am Eastern Standard Time (Bid Submission Deadline). Bidders are responsible for monitoring the MCIA portal for the issuance of any addenda. Any Bid submitted after this date and time will not be accepted in the portal and as such deemed unresponsive.
Each Bidder is solely responsible for their timely response to the Bid.
Agreement -------------------------------------------------------------------------------------------------------------------------------------- 14.1
Witnesseth -------------------------------------------------------------------------------------------------------------------------------------- 14.2
Definitions -------------------------------------------------------------------------------------------------------------------------------------- 14.3
General Obligations --------------------------------------------------------------------------------------------------------------------------- 14.4
Leaf Processing -------------------------------------------------------------------------------------------------------------------------------- 14.5
Brush Processing ------------------------------------------------------------------------------------------------------------------------------ 14.6
Grass Clippings --------------------------------------------------------------------------------------------------------------------------------- 14.7
Reporting and Quantities --------------------------------------------------------------------------------------------------------------------- 14.8
Vehicles and Equipment ---------------------------------------------------------------------------------------------------------------------- 14.9
Personnel --------------------------------------------------------------------------------------------------------------------------------------- 14.10
Clean-Up-Spills -------------------------------------------------------------------------------------------------------------------------------- 14.11
Removal of Equipment ----------------------------------------------------------------------------------------------------------------------- 14.12
Term of Agreement --------------------------------------------------------------------------------------------------------------------------- 14.13
General ------------------------------------------------------------------------------------------------------------------------------------------ 14.14
Leaf Processing Fees ------------------------------------------------------------------------------------------------------------------------- 14.15
Brush Processing Fees ----------------------------------------------------------------------------------------------------------------------- 14.16
Grass Clippings Fees (Regional Site) ------------------------------------------------------------------------------------------------------ 14.17
Grass Clippings Fees (Municipal Sites) --------------------------------------------------------------------------------------------------- 14.18
Optional Fee for Delivery Directly to Contractor Sites --------------------------------------------------------------------------------- 14.19
Method and Timing of Payment ------------------------------------------------------------------------------------------------------------ 14.20
Performance Bond ---------------------------------------------------------------------------------------------------------------------------- 14.21
Liquidated Damages -------------------------------------------------------------------------------------------------------------------------- 14.22
Events of Default by Contractor ------------------------------------------------------------------------------------------------------------ 14.23
Events of Default by The Authority -------------------------------------------------------------------------------------------------------- 14.24
Remedies of the Authority ------------------------------------------------------------------------------------------------------------------ 14.25
Remedies of the Contractor ---------------------------------------------------------------------------------------------------------------- 14.26
Rights Upon Termination -------------------------------------------------------------------------------------------------------------------- 14.27
Waiver ------------------------------------------------------------------------------------------------------------------------------------------- 14.28
Termination Due to Lack of Funding ------------------------------------------------------------------------------------------------------ 14.29
Covenants of Contractor ------------------------------------------------------------------------------------------------------------------- 14.30
Covenants and Presentations of The Authority ---------------------------------------------------------------------------------------- 14.31
Indemnification ------------------------------------------------------------------------------------------------------------------------------- 14.32
Merger Clause --------------------------------------------------------------------------------------------------------------------------------- 14.33
Modifications ---------------------------------------------------------------------------------------------------------------------------------- 14.34
Notices ------------------------------------------------------------------------------------------------------------------------------------------ 14.35
Successors and Assigns; Assignability --------------------------------------------------------------------------------------------------- 14.36
Force Majeure ---------------------------------------------------------------------------------------------------------------------------------- 14.37
Headings ---------------------------------------------------------------------------------------------------------------------------------------- 14.38
Governing Law --------------------------------------------------------------------------------------------------------------------------------- 14.39
Relationship of the Parties ------------------------------------------------------------------------------------------------------------------ 14.40
Severability ------------------------------------------------------------------------------------------------------------------------------------- 14.41
Insurance --------------------------------------------------------------------------------------------------------------------------------------- 14.42
Affirmative Action Requirements ---------------------------------------------------------------------------------------------------------- 14.43
Records Retention ---------------------------------------------------------------------------------------------------------------------------- 14.44
Counterparts ----------------------------------------------------------------------------------------------------------------------------------- 14.45
The successful bidder shall continuously maintain adequate protection for all their items and the MCIA’s property from injury, damage or loss arising in connection with the Contract. They shall make good such damage, injury or loss.
The Authority's estimate of quantities contained in the Bid is approximate only and Bids must be submitted upon the following express conditions, which shall apply to and become a part of every Bid received. Bidders must satisfy themselves by personal examination of the location of the proposed work and surroundings thereof, and by such other means as they may prefer, as to the accuracy of the estimate and shall not at any time after submission of their Bids, dispute such estimate of the Authority, nor assert that there was any misunderstanding in regard to the quantity or kind of materials to be furnished, or work to be done. The estimate of quantities is based on the average quantities, without increases due to storm related events. The contractor may be required to process increased quantities although not included in the quantities set forth in the Bid.
The Authority, in making copies of the Contract Documents available to prospective Bidders, does so only for the purpose of obtaining Bids on the Work and does not confer a license or grant for any other use.
METHOD OF CONTRACT AWARD - The length of the contract shall be stated in the technical specifications. Pursuant to requirements of N.J.A.C. 5:30-5.1 et seq., any contract resulting from this bid shall be subject to the availability and appropriation of sufficient funds annually. If the award is to be made on the basis of a base bid only, it shall be made to that responsible bidder submitting the lowest base bid. If the award is to be made on the basis of a combination of a base bid with selected options, it shall be made to that responsible bidder submitting the lowest net bid. The Middlesex County Improvement Authority (MCIA) shall also elect to award the contract on the basis of unit prices. The form of contract shall be submitted by the MCIA to the successful bidder. Terms of the specifications/bid package prevail. Bidder exceptions shall be formally accepted by the MCIA.
The award of the contract(s) or the rejection of the bid(s) shall be made within sixty (60) days of the date of opening of bids. If the MCIA deems it to be in its best interest to extend the time within which to award the contract by an additional thirty (30) days, it shall request, in writing, that each bidder consent to such extension. Any bidder who agrees to such extension shall so signify by advising the MCIA, in writing, within three (3) days after the receipt of the MCIA’s request. In the event of such extension, the MCIA shall make the award or reject such bids on or before the 90th day after the date of opening of the bids.
CAUSES FOR REJECTING BIDS - Bids shall be rejected for any of the following reasons:
METHOD OF CONTRACT AWARD - The length of the contract shall be stated in the technical specifications. Pursuant to requirements of N.J.A.C. 5:30-5.1 et seq., any contract resulting from this bid shall be subject to the availability and appropriation of sufficient funds annually. If the award is to be made on the basis of a base bid only, it shall be made to that responsible bidder submitting the lowest base bid. If the award is to be made on the basis of a combination of a base bid with selected options, it shall be made to that responsible bidder submitting the lowest net bid. The Middlesex County Improvement Authority (MCIA) shall also elect to award the contract on the basis of unit prices. The form of contract shall be submitted by the MCIA to the successful bidder. Terms of the specifications/bid package prevail. Bidder exceptions shall be formally accepted by the MCIA.
The award of the contract(s) or the rejection of the bid(s) shall be made within sixty (60) days of the date of opening of bids. If the MCIA deems it to be in its best interest to extend the time within which to award the contract by an additional thirty (30) days, it shall request, in writing, that each bidder consent to such extension. Any bidder who agrees to such extension shall so signify by advising the MCIA, in writing, within three (3) days after the receipt of the MCIA’s request. In the event of such extension, the MCIA shall make the award or reject such bids on or before the 90th day after the date of opening of the bids.
CAUSES FOR REJECTING BIDS - Bids shall be rejected for any of the following reasons:
The Term of this Agreement shall commence on or about September 1, 2026 and shall end on August 31, 2029. The Authority shall have the option, in its sole discretion, of extending the term of the Agreement for a period of two (2) years in accordance with the terms of the Bid Specifications. The MCIA shall have the option of extending the term of the Contract each year for a period of one (1) year through August 31, 2031. If exercised, the Authority shall provide notice to the Contractor within sixty (60) days of the termination date. Prices bid shall remain in effect during each one (1) year option period.
ARTICLE III - MARKETING FEES AND PERFORMANCE SECURITY
All certified payrolls for public works projects must be submitted online, via the New Jersey Wage Hub. Certified payrolls must be submitted within 10 days of the payment of wages each pay period, both online via New Jersey Wage Hub and in hard copy to the contracting public body. New Jersey Wage Hub users must log in with their My New Jersey Account, which must be registered with NJDOL’s Employer Accounts Division. User Guides with detailed instructions for Contractors can be found at njwages.nj.gov.
The Contractor shall be paid a fee for the performance of all of the Yard Waste Recycling Services set forth in this Agreement, which Fees consist of the Unit Leaf Fee set forth in Section 12 below, the per Unit Brush Fee set forth in Section 12 below, the per Unit Grass Fee (Regional Site) set forth in Section 12 below and the per Unit Grass Fee (Municipal Site) set forth in Section 12 below and, as and if applicable, the unit Fees for the delivery directly to the Contractor’s Sites. All services, obligations and expenses of the Contractor contemplated by the Agreement shall be included in the Fees, and except as specifically provided herein, the Contractor shall not be entitled to any other costs and expenses associated with the performance of the Yard Waste Recycling Services.
Proposal Forms must be completed legibly in ink or by typewriter. The Bid Price of each item on the form must be stated in words and numerals. In case of a conflict, words will take precedence over numbers, and unit prices shall take precedence over total price extensions, and the sum of individual items, including unit prices multiplied by estimated quantities, and/or individual lump sum and/or allowance amounts will take precedence over the Total Bid price.
Any Bid which fails to name a price per unit of measurement, for each of the items for which quantities are given may be held to be irregular and may be rejected. All blank spaces in said Bid must be filled in and no change shall be made in the phraseology or in the items as contained therein.
Bids that contain any omissions, alterations, additions or items not called for in the itemized Bid, or that are unbalanced, conditional, incomplete or contain irregularities of any kind, may be rejected as irregular.
All names must be typed or legibly printed in ink below the signature(s).
Payment shall be made, and interest shall bear, in accordance with NJSA 40A:11-19.1, after a properly executed County voucher/PO has been received and formally approved on the bill list by the MCIA Board of Commissioners at its regular meetings on the second Wednesday of the month (unless advertised otherwise). The voucher/PO shall be certified correct by the department/division head who received the goods or services.
Where a vendor provides continuous services, invoices shall be held by the vendor and submitted monthly.
Payment shall be made, and interest shall bear, in accordance with NJSA 40A:11-19.1, after a properly executed County voucher/PO has been received and formally approved on the bill list by the MCIA Board of Commissioners at its regular meetings on the second Wednesday of the month (unless advertised otherwise). The voucher/PO shall be certified correct by the department/division head who received the goods or services.
Where a vendor provides continuous services, invoices shall be held by the vendor and submitted monthly.
Requests for payment must include a copy of the signed work ticket, invoices for any T&M parts, materials and/or rentals and mark ups. Payment will be approved for hours and materials on invoiced cost in accordance with the bid sheet. Travel time is not included.
Payment to Contractor shall be made in accordance with the Authority’s standard payment procedures upon provision of proper documentation.
Bidder shall certify on the Equipment Certification form that they control or have access to equipment necessary to do the required work if awarded the contract. If the bidder does not own or lease the equipment, a certification from the owner of the equipment that the bidder shall have access to the equipment is required with the bid. (N.J.S.A. 40:11-20)
The Authority and the Municipalities will be responsible for providing the following services:
The Authority will negotiate and enter into Shared Services agreements with the Municipalities that elect to fulfill their statutory obligations to conduct recycling programs by allowing the Authority, through its Contractor, to transport, process and recycle Leaves, Brush and Grass. For any new participating Municipality, the Authority and said Municipality will work with the Contractor to identify the specific collection points and services to be provided to the Municipality for the per unit price as proposed by the Successful Bidder.
The Contractor shall be paid a Unit Leaf Fee in an amount equal to ( ) per ton of Leaves loaded and transported from the Regional Site and from Municipal Sites to the Contractor Sites; to compost such leaves; to sell, market and/or to otherwise provide for the disposition of the Compost or other end products resulting from such operation.
Bids shall be submitted electronically via the Middlesex County Improvement Authority's Electronic Procurement Portal https://procurement.opengov.com/portal/middlesexcountynj-ia. no later than 11:00am prevailing time on May 27, 2026.
The bid opening will be live streamed via Zoom. Zoom meeting information can be found in the Introduction section under the Timeline (Bid Submission Deadline).Bidders are responsible for monitoring the MCIA portal for the issuance of any addenda.
Each Bid must be accompanied by bid security in the amount of ten percent (10%) of the bid, not to exceed Twenty Thousand Dollars ($20,000.00), and in the form of a certified check or cashier's check or a Bid Bond executed by the Bidder and a surety company authorized to do business in New Jersey made payable to the Middlesex County Improvement Authority.
Each Bidder must complete and sign all applicable documents which must accompany the Bid and submit these with the Bid in order to be eligible for consideration for award of a contract.
The Contractor shall and will be required to conform to the Labor Laws of the State of New Jersey and the various acts Amendatory and Supplementary thereto, and in accordance with the New Jersey Department Labor and Industry Prevailing Wage Rate Determination. The rate of wages for all laborers employed by the contractor shall not be less than the prevailing rate so established for work to be performed under the terms of the Contract and a copy of the Determination of the Wage and Hour Bureau or other documents specifying the prevailing wages is considered as incorporated by reference as a part of the contract documents.
Multi-Year Contracts as awarded shall be subject to the availability and appropriation annually of sufficient funds required to meet any award obligation extending beyond a twelve (12) month period. This is in accordance with Local Public Guidelines and Contract Regulations.
The Middlesex County Improvement Authority will not enter into a contract for work with any person, company or firm that is on the State Department of Labor and Workforce Development; Prevailing Wage Debarment List, or the State of New Jersey Consolidated Debarment Report (www.state.nj.usreasury/debarred), the Federal System for Award—SAM.gov, or any such other applicable list. All bidders are required to submit, at the time of the bid, the sworn certification indicating whether or not the bidder is, at the time of the bid, included on the State Department of Labor and Workforce Development; Prevailing Wage Debarment List, the State of New Jersey Consolidated Debarment Report, the Federal Debarred Vendor List –Excluded Parties List System—System for Award Management—SAM.gov, or any other applicable list. This certification is included in this bid specification.
CERTIFICATION OF NON-DEBARMENT FORM CAN BE FOUND IN VENDOR QUESTIONNAIRE.
Multi-Year Contracts as awarded shall be subject to the availability and appropriation annually of sufficient funds required to meet any award obligation extending beyond a twelve (12) month period. This is in accordance with Local Public Guidelines and Contract Regulations.
The Contractor shall be paid a Unit Brush Fee in an amount equal to ( ) per ton of Brush or wood chips, including Christmas trees, loaded and transported from the Regional Site and from Municipal Sites to the Contractor Sites; to process such Brush; to sell, market and/or to otherwise provide for the disposition of the mulch or end product resulting from such operation.
Questions pertaining to the Bid should be directed in writing to Kevin McQueeney (Qualified Purchasing Agent) of the Authority via email at kevin.mcqueeney@mciauth.com and additionally copied to Carol Berlen ESq.- Rainone Coughlin Minchello, LLC at cberlen@njrcmlaw.com .
Questions should be submitted no later than April 30, 2026. The Authority shall not be obligated to respond to any questions.
During the period provided for the preparation of Bids, the Authority may issue addenda or amendments to the Bid. These addenda will be numbered consecutively and will be distributed to each of the firms who have received a copy of the Bid. Bidders obtaining copies of bid specifications from the website are responsible for monitoring the website for the issuance of any addenda. These addenda will be issued by, or on behalf of, the Authority and will constitute a part of the Bid. Each Bidder is required to acknowledge receipt of all addenda at the time of submission of the Bid by submitting an executed acknowledgment form.
All responses to the Bid shall be prepared with full consideration of the addenda issued prior to the Bid submittal date.
The bidder shall not assign, transfer, convey, sublet or otherwise dispose of the Contract, or their rights, title, or interest in or to the same of any art thereof, without previous consent, in writing by the MCIA, endorsed upon or attached to each copy of the Contract; and they shall not assign, by power of attorney or otherwise, any of the monies to become due and payable under the Contract, unless by and with consent signified in like manner.
If the bidder shall, without such previous written consent, assign, transfer, convey, sublet or otherwise dispose of the Contract in whole or in part or of their right, title or interest therein, or any of the monies to become due under the Contract to any person, firm or corporation, the Contract shall, at the option of the MCIA, be revoked and annulled, and the MCIA thereupon relieved and discharged from any and all liability and obligations growing out of the same to the bidder and to their assignee or transferee, provided that nothing herein contained shall be construed to hinder, prevent or affect an assignment by the bidder for the benefit of their creditors made pursuant to the statutes of the State of New Jersey; and no right under this Contract or to any money to become due hereunder, shall be asserted against the owner in law or in equity by reason of any so-called assignment of this contract, or any part thereof, or any monies to grow due hereunder unless authorized as aforesaid by the written consent of the Middlesex County Improvement Authority (MCIA).
It is understood by all parties that if, during the life of the contract, the contractor disposes of their business concern by acquisition, merger, sale and/or transfer or by any means convey their interest(s) to another party, all obligations are transferred to that new party. In this event, the new owner(s) shall be required to submit, when required, a performance bond in the amount of the open balance of the contract.
The Authority will monitor the implementation of the Contractor's plans to commence the provision of the Yard Waste Recycling Services to ensure compliance with the provisions of the Recycling Agreement.
The bidder shall not assign, transfer, convey, sublet or otherwise dispose of the Contract, or their rights, title, or interest in or to the same of any art thereof, without previous consent, in writing by the MCIA, endorsed upon or attached to each copy of the Contract; and they shall not assign, by power of attorney or otherwise, any of the monies to become due and payable under the Contract, unless by and with consent signified in like manner.
If the bidder shall, without such previous written consent, assign, transfer, convey, sublet or otherwise dispose of the Contract in whole or in part or of their right, title or interest therein, or any of the monies to become due under the Contract to any person, firm or corporation, the Contract shall, at the option of the MCIA, be revoked and annulled, and the MCIA thereupon relieved and discharged from any and all liability and obligations growing out of the same to the bidder and to their assignee or transferee, provided that nothing herein contained shall be construed to hinder, prevent or affect an assignment by the bidder for the benefit of their creditors made pursuant to the statutes of the State of New Jersey; and no right under this Contract or to any money to become due hereunder, shall be asserted against the owner in law or in equity by reason of any so-called assignment of this contract, or any part thereof, or any monies to grow due hereunder unless authorized as aforesaid by the written consent of the Middlesex County Improvement Authority (MCIA).
It is understood by all parties that if, during the life of the contract, the contractor disposes of their business concern by acquisition, merger, sale and/or transfer or by any means convey their interest(s) to another party, all obligations are transferred to that new party. In this event, the new owner(s) shall be required to submit, when required, a performance bond in the amount of the open balance of the contract.
All work shall be performed in all respects, in strict conformity to all laws, regulations and ordinances of the federal, state, county and municipal fire Underwriters and the utility companies which are in force at the time of inspection and/or repair work. Contractor shall be responsible for obtaining any required permits.
Bidder should be aware of the following statutes that represent “Truth in Contracting” laws:
The Contractor shall be paid a Unit Grass Fee in an amount equal to ( ) per ton of Grass loaded and transported from the Regional Site to the Contractor Site(s); to compost such Grass; to sell, market and/or otherwise provide for the disposition of the compost or other end products resulting from such operation.
Bidder should be aware of the following statutes that represent “Truth in Contracting” laws:
Each Bid and all information required to be submitted pursuant to the Bid shall be prepared at the sole cost and expense of the Bidder. There shall be no claims whatsoever against the Authority, its staff, or its consultants for reimbursement for the payment of costs or expenses incurred in the preparation of the Bid or other information required by the Bid.
The Authority, in making copies of the Contract Documents available to prospective Bidders, does so only for the purpose of obtaining Bids on the Work and does not confer a license or grant for any other use.
Neither the MCIA nor their authorized representatives shall be responsible in any way for oral answers unconfirmed in writing, to any inquiries regarding the intent or meaning of the details, or the specifications, or for any oral instruction by themselves, their employees or others.
The Authority will develop and implement a comprehensive County-wide public formation/educational campaign that describes the County-Wide Recycling Program generally. The Municipalities will develop public education and awareness programs tailored to the specific circumstances and schedules of each Municipality.
The Authority and the Municipality will work with the County to monitor compliance with the County-Wide Recycling Program at Municipal sites and at Regional and Municipal Yard Waste drop off locations receiving Yard Waste Recycling Services. The Municipalities will establish and maintain programs to enforce the provisions of the Recycling Ordinances, which programs shall include a method to ensure compliance with the County-Wide Recycling Program.
If the Bidder chooses to include material of a proprietary nature in the Bid, the Authority will keep such material confidential to the extent permitted by applicable law. The Bidder must specifically identify the section of its Bid that contains such information by properly marking the applicable pages. Preferably, any sections which contain material of a proprietary nature shall be severable or removable from the Bids to assist the Authority in protecting this information. The Bidder also shall include the following notice in the introduction of the relevant Bid:
"The data on pages identified by (symbol) and labeled "Proprietary Information", contain information that is a trade secret and/or which, if disclosed, would cause substantial injury to (Bidder's) competitive position. (Bidder) requests that such data be used only for the evaluation of the Bid and understands that disclosure will be limited only to the extent that the Authority determines it proper or to the extent that the Authority deems disclosure necessary according to law. If a contract is awarded to (Bidder), the Authority will have the right to use or disclose the data as provided in the applicable Contract executed with the Bidder."
The Authority will use its best efforts to prevent the unauthorized disclosure of this information in applying the proprietary standard to marked data. However, the Authority will assume no liability for any loss, damage, or injury that may result from any disclosure or use of marked data or any disclosure of this or other information during the review of the Bids.
Notwithstanding the above, Bid forms (including cost information) will not, under any circumstances, be considered proprietary or confidential information.
Each fiscal year payment obligation of the MCIA is conditioned upon the availability of MCIA funds appropriated or allocated for the payment of such an obligation. If funds are not allocated and available for the continuance of any services performed by the Contractor hereunder, whether in whole or in part, the MCIA at the end of any fiscal year shall terminate such services. The MCIA shall notify the Contractor in writing immediately of any services that shall be affected by a shortage of appropriated funds. This provision shall not be construed so as to permit the Middlesex County Improvement Authority (MCIA) to terminate this Agreement during the term, or any service hereunder, merely in order to acquire identical services from a third-party contractor.
Each fiscal year payment obligation of the MCIA is conditioned upon the availability of MCIA funds appropriated or allocated for the payment of such an obligation. If funds are not allocated and available for the continuance of any services performed by the Contractor hereunder, whether in whole or in part, the MCIA at the end of any fiscal year shall terminate such services. The MCIA shall notify the Contractor in writing immediately of any services that shall be affected by a shortage of appropriated funds. This provision shall not be construed so as to permit the Middlesex County Improvement Authority (MCIA) to terminate this Agreement during the term, or any service hereunder, merely in order to acquire identical services from a third-party contractor.
The Contractor shall be paid a Unit Grass Fee in an amount equal to ( ) per ton of Grass collected and transported in 20 or 30 cubic yards roll off containers, provided by the Contractor, from Municipal Sites to the Contractor Site(s); to compost such Grass; to sell, market and/or otherwise provide for the disposition of the compost or other end products resulting from such operation.
AS FOLLOWS:
The Authority will pay a Service Fee to the Contractor on a monthly basis. The Service Fee shall be calculated by utilizing the unit price per item as contained in the Cost Bid and as determined in accordance with actual data provided to the Authority based upon actual quantities.
The Authority reserves the right to accept any Bid that results in the achievement of the lowest Yard Waste Operation, Maintenance and Management Services costs and the provision of reliable, environmentally sound Services to the Authority during the Term of the Contract.
In addition, the Authority also reserves the right to (a) abandon this procurement process, (b) reject any or all Bids, or any or all alternates and/or items quoted upon, (c) decrease or eliminate such items as may be necessary for adoption of any alternative, or as may be necessary to obtain proper and adequate performance within the funds available, (d) waive any informality in the Bids, and (e) accept the Bid or Bids that, in its judgment, best serves the interests of the Authority. The Authority reserves the right to decline to award the Contract for any lawful purpose.
The Contractor shall be paid the following Fees per ton for Yard Waste Material delivered directly to the Contractor’s Sites: $________ / ton Leaves, $________ / ton Brush, $_______ / ton Grass
Public funds shall be used to pay only for goods delivered or services rendered. No employee is authorized to sign a letter of credit or any other document that represents a legal commitment on the part of the MCIA to pay additional fees. Pursuant to N.J.S.A. 40A:11-19.1, unless otherwise agreed to, the required payment date shall be sixty (60) calendar days from the date specified in the contract or if no required payment is specified in the contract, then the required payment date shall be sixty (60) calendar days from the receipt of a properly executed invoice, or sixty (60) calendar days from the receipt of goods or services, whichever is later.
Public funds shall be used to pay only for goods delivered or services rendered. No employee is authorized to sign a letter of credit or any other document that represents a legal commitment on the part of the MCIA to pay additional fees. Pursuant to N.J.S.A. 40A:11-19.1, unless otherwise agreed to, the required payment date shall be sixty (60) calendar days from the date specified in the contract or if no required payment is specified in the contract, then the required payment date shall be sixty (60) calendar days from the receipt of a properly executed invoice, or sixty (60) calendar days from the receipt of goods or services, whichever is later.
The Authority is soliciting Bids for the operation of the Yard Waste Recycling Program for the County of Middlesex, that will provide for the loading, transfer, processing and marketing of Leaves, Brush and Grass generated from Municipalities in the County and the County that intend to participate in the Program. Through the award of a Contract the Authority will address the following specific policy goals:
1. to load and transfer Middlesex County generated Leaves, Brush and Grass onto Contractor provided tractor trailers and/or roll off containers from Regional and Municipal Sites identified under the terms of this Contract;
2. to provide for recycling, composting or processing and marketing of Acceptable Yard Materials in a uniform, efficient and environmentally sound manner throughout the County;
3. to supplement the existing leaf composting and brush processing sites located in the County with four or more sites, within and without of the County, in order to provide sufficient capacity to compost all of the Leaves and Brush generated in the County; and
4. to establish a processing or composting program for Grass at a site to be supplied by the Contractor. Facility must have enough capacity to recycle all Grass produced by this Contract.
The scope of Services to be provided under this Agreement shall be the operation and maintenance of the Regional Site and the provision of recycling transfer, and processing Services for Leaves, Brush and Grass from the Municipal Sites to the extent specifically set forth herein. The Authority will cooperate in good faith with the Contractor, its agents and subcontractors to facilitate the performance of the obligations set forth herein.
The Contractor shall provide the required recycling, processing Services of Acceptable Yard Waste Materials and shall operate and maintain the Regional Site at all times on behalf of the Authority in accordance with the terms and provisions of these specifications and in compliance with all State, federal and local laws, regulations and permits. The Contractor shall, at all times, keep the Designated Sites in good repair and working order and shall operate and maintain the Designated Sites in accordance with the terms and provisions of the specifications and in compliance with all State, federal and local laws, regulations and permits.
The Contractor shall provide at its sole cost and expense, a Superintendent and such additional support services, equipment and personnel, including all else necessary therefore or incidental thereto for the operation and maintenance of the Designated Sites by the Contractor in accordance with the terms and provisions of these Specifications and applicable laws, ordinances and regulations.
The Contract is divided into three service areas as follows: (See Appendix )
Each bidder shall submit a copy of its W-9 Request for Taxpayer Identification Number and Certification to the Middlesex County Improvement Authority (MCIA) Office of Purchasing either at the time of the bid opening, or within three (3) days after notification from the Office of Purchasing that a contract is to be awarded to your company/corporation. The form is available at the following link: www.irs.gov/pub/irs-pdf/fw9.pdf
W-9 SAMPLE CAN BE FOUND IN VENDOR QUESTIONNAIRE.
The Contractor shall be responsible for providing the following services:
By entering into a contract, the Contractor acknowledges the provisions of N.J.S.A. 34:11-68 with regard to the authority of the Commissioner of the Department of Labor and Workforce Development to investigate the Contractor or subcontractor’s wages and any penalties that may result from failure to comply.
All Bids are the property of the Authority and will not be returned. At the conclusion of the procurement process, the Authority may dispose of any and all copies of Bids received in whatever manner it deems appropriate. However, prior to such disposal, the Authority will use its best efforts to prevent the unauthorized disclosure of proprietary information; provided same is properly identified in accordance herewith. In no event will the Authority assume liability for any loss, damage or injury that may result from any disclosure or use of marked data which occurs.
SUBMISSION REQUIREMENTS
Each bidder shall submit a copy of its W-9 Request for Taxpayer Identification Number and Certification to the Middlesex County Improvement Authority (MCIA) Office of Purchasing either at the time of the bid opening, or within three (3) days after notification from the Office of Purchasing that a contract is to be awarded to your company/corporation. The form is available at the following link: www.irs.gov/pub/irs-pdf/fw9.pdf
W-9 SAMPLE CAN BE FOUND IN VENDOR QUESTIONNAIRE.
All Bids must be submitted complete, with all requested information and are to be in strict conformance with the instructions set forth herein and as required by subsequent addenda, if and as applicable. The Bid and all related information must be bound and must be signed and acknowledged by the Bidder in accordance with the directions herein.
The Bidder(s) are referred to the following sections hereof, which summarize the documents and information required to be submitted pursuant to this Bid.
Each Designated Site as provided by the Authority shall remain the property of the respective Municipality or property owner and shall be administered by the Authority under the provisions of these specifications.
Contractor shall properly and peaceably maintain the Designated Sites throughout the Term of the Contract. The Authority shall undertake and prosecute all judicial or other actions, and do all other things reasonably required to assure quiet and peaceable maintenance and operation by Contractor.
Authority and Contractor shall each keep, observe and perform all terms, covenants, conditions and obligations to be kept, observed or performed under the terms and provisions of this Contract by them, respectively, in regard to the Designated Sites or any property relating to the Designated Sites.
Contractor shall operate the Designated Sites as first class yard waste recycling facilities under quality standards comparable to those prevailing for such in the industry and for all activities in connection therewith as are customary and usual to such an operation.
Under the terms of the Agreement, the Designated Sites shall remain the property of the respective Municipality or owner who has delegated the maintenance and operation of said facilities to the Authority.
All parties agree to comply with all requirements of the Federal Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), Pub.L. 104–191, 110 Stat. 1936, as amended, and the corresponding HIPAA regulations for the confidentiality and security of medical information.
The Contractor shall:
The contractor, by execution of the contract, shall thereby indemnify and hold the Middlesex County Improvement Authority (MCIA) harmless from any and all liabilities, claims, actions, costs and penalties which shall be incurred as the result of the failure of the contractor to comply with the requirements of HIPAA or any other statute or case law protecting the privacy of persons using its services.
All parties agree to comply with all requirements of the Federal Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), Pub.L. 104–191, 110 Stat. 1936, as amended, and the corresponding HIPAA regulations for the confidentiality and security of medical information.
The Contractor shall:
The contractor, by execution of the contract, shall thereby indemnify and hold the Middlesex County Improvement Authority (MCIA) harmless from any and all liabilities, claims, actions, costs and penalties which shall be incurred as the result of the failure of the contractor to comply with the requirements of HIPAA or any other statute or case law protecting the privacy of persons using its services.
The Contractor shall execute an agreement with the Authority in the form of the agreement as outlined in Section 14.
The Contractor shall furnish and deliver a properly executed Performance Bond in an amount at least equal to 100% of the total fees of the first year’s Agreement based on the bid. The surety on the bond must be a corporate surety and must meet the requirements stated in the Specifications.
The Performance Bond for each succeeding year shall be delivered to the Authority with proof of full payment of the premium sixty (60) days prior to the expiration of the current bond.
Failure to deliver a performance bond for any year of this Agreement sixty (60) days prior to the termination of the current bond will constitute a breach of the Agreement and will entitle the Authority to draw upon the bond and terminate the Agreement upon the expiration of the current bond. Notwithstanding termination pursuant to this section, the Contractor is obligated to fully perform through the date of termination of the Agreement and damages shall be assessed in an amount equal to the costs incurred by the Authority in re-bidding the Agreement and any excess expense in obtaining the Services.
The Contractor shall meet the minimum financial qualifications criteria as set forth herein throughout the term of the Agreement.
If it becomes necessary for the vendor, either as principal or by agent or employee, to enter upon the premises or property of the Middlesex County Improvement Authority (MCIA) in order to construct, erect, inspect, make delivery or remove property hereunder, the vendor hereby covenants and agrees to take, use, provide and make all proper, necessary and sufficient precaution, safeguards and protections against the occurrence of happenings of any accidents, injuries, damages or hurt to any person or property during the progress of the work herein covered, and to be responsible for, and to indemnify and hold harmless the Middlesex County Improvement Authority (MCIA) from the payment of all sums of money by reason of all, or any, such accidents, injuries, damages or hurt that shall happen or occur upon or about such work and all fines, penalties and loss incurred for or by reason of the violation of any city or borough ordinance regulation, or the laws of the State, or the United States, while the said work is in progress.
Contractor shall carry insurance to indemnify the Middlesex County Improvement Authority (MCIA) against any claim for loss, damage or injury to property or persons arising out of the performance of the Contractor or their employees and agents of the services covered by the Contract and the use, misuse or failure of any equipment used by the Contractor or their employees or agents and shall provide certificates of such insurance to the MCIA.
The Contractor shall pay to the Authority the following amounts for any non-compliance with this Agreement as follows:
Any and all such damages may be deducted by the Authority at any time and from time to time from the monthly invoices owed by the Authority to the Contractor. Contractor agrees that the amount of damages incurred by the Authority may be difficult to determine and the above charges are a reasonable estimation thereof.
ARTICLE IV - TERMINATION
Bid security, in the amount of 10% of the Bid cost or a maximum of $20,000, payable to the Authority, must accompany the Bid when submitted. At the option of the Bidder, the Bid security may be a cashier's check or certified check payable to the Authority or a bond secured by a guarantee of a surety company licensed to do business in the State of New Jersey. Any Bid security must be valid for a period of at least six (6) months. No Bid shall be considered unless accompanied by the required Bid security. The form of Bid Bond that must be submitted is set forth herein. Bid Bonds that are signed by an Attorney-in-Fact shall be accompanied by a certified Power-of-Attorney.
The respective Bid security(ies) shall be returned to all but the three lowest responsive responsible Bidders within thirty (30) business days after the Bid opening. After selection of the Successful Bidder, the Bid security submitted by any other unsuccessful Bidders will be returned within three (3) business days after execution of the Contract by and between the Authority and such Successful Bidder. The Bid Security of the Successful Bidder will be returned upon submission of a Performance Bond.
If it becomes necessary for the vendor, either as principal or by agent or employee, to enter upon the premises or property of the Middlesex County Improvement Authority (MCIA) in order to construct, erect, inspect, make delivery or remove property hereunder, the vendor hereby covenants and agrees to take, use, provide and make all proper, necessary and sufficient precaution, safeguards and protections against the occurrence of happenings of any accidents, injuries, damages or hurt to any person or property during the progress of the work herein covered, and to be responsible for, and to indemnify and hold harmless the Middlesex County Improvement Authority (MCIA) from the payment of all sums of money by reason of all, or any, such accidents, injuries, damages or hurt that shall happen or occur upon or about such work and all fines, penalties and loss incurred for or by reason of the violation of any city or borough ordinance regulation, or the laws of the State, or the United States, while the said work is in progress.
Contractor shall carry insurance to indemnify the Middlesex County Improvement Authority (MCIA) against any claim for loss, damage or injury to property or persons arising out of the performance of the Contractor or their employees and agents of the services covered by the Contract and the use, misuse or failure of any equipment used by the Contractor or their employees or agents and shall provide certificates of such insurance to the MCIA.
In the performance of its duties as contained herein, the Contractor shall appoint a supervisor of the Designated Sites, which Supervisor shall act for the benefit of the Contractor. Nothing herein shall constitute or be construed to be or create a partnership or joint venture or lease between the Authority and the Contractor. The Contractor shall be prohibited from assigning the Contract.
The Authority is solely responsible for the administration of the Contract. All communications from the Contractor shall be directed to the Authority. All communications to the Contractor shall be from the Authority.
It is the obligation of the Contractor to apprise itself of all facts necessary to undertake the performance of the Work. This includes but is not limited to the examination of the sites, related documents and including requirements specific to individual sites, the most recent NJDEP Regulations for compost facility operations, including N.J.A.C. 7:26A-1 et. seq. and other applicable Rules and Regulations and Laws.
The Bidder hereby expressly waives any right to, and agrees that it will make no claim for, an increase in the payments to be made by the Authority under the terms of the contract because of any misinterpretation or misunderstanding of these specifications, or because of any failure to fully acquaint itself with all conditions relating to the Work.
To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the Middlesex County Improvement Authority (MCIA), and its agents or employees from and against any and all claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from provision or failure of provision of the bid requirements described herein. The Middlesex County Improvement Authority (MCIA) is not authorized to indemnify any third party for the acts of any party other than the entities, agents, or employees of the MCIA. However, the MCIA is subject to all provisions of the New Jersey Tort Claims Act, N.J.S.A 59:1-1, et seq. and available appropriations. The Middlesex County Improvement Authority (MCIA) assumes no responsibility or obligations to any third parties by awarding this Contract to the Contractor.
The contractor shall maintain sufficient insurance to protect against all claims described herein and shall be subject to approval for adequacy of protection and certificates of such insurance shall be provided with the Middlesex County Improvement Authority (MCIA) named as additional insured.
Vendor shall procure and maintain, at all times while the contract is in full force and effect, the following insurance coverage with an insurance company or companies acceptable to the MCIA, with limits not less than those shown below. A Certificate of Insurance shall be provided which indicates coverage on a primary and non-contributory basis, naming the Middlesex County Improvement Authority (MCIA) as an additional Insured for all coverages except Workers Compensation. The Certificate of Insurance shall be filed with the MCIA prior to award of the contract. Failure to submit same shall be grounds for rescission of the contract.
Commercial General Liability (CGL): Coverage for all operations including but not limited to contractual, products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $1,000,000 per occurrence/$2,000,000 aggregate. The Middlesex County Improvement Authority (MCIA), its officers, officials, employees, agents and volunteers shall be included as an additional insured.
Automobile Liability: Coverage for all owned, non-owned and hired vehicles with limits not less than $1,000,000 per occurrence, combined singled limits (CSL) or its equivalent.
Workers Compensation: As required by the State of New Jersey, covering all employees engaged in performance of the contract pursuant to N.J.S.A. 34:15-12(a) and N.J.A.C. 12:235-1.6, with limits not less than $1,000,000 per accident for bodily injury or disease.
Coverage on Primary and Non-contributory Basis: The Certificate of Insurance should indicate that all insurance coverages (excluding Workers Compensation) shall be provided on a primary and non-contributory basis to the Middlesex County Improvement Authority (MCIA), its officers, officials, employees, agents and volunteers.
Any combination of primary and umbrella/excess may be used to satisfy the limits.
Insurance is to be placed with sureties with a current A.M. Best Rating of no less than A:VII, unless otherwise acceptable to the MCIA.
Self-insured retentions shall be declared to and approved by the MCIA.
The insurances shall contain waiver of subrogation provisions, as allowed by law, in favor of the MCIA.
Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with written notice to the MCIA.
Special Risks or Circumstances: The Middlesex County Improvement Authority (MCIA) reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
SAMPLE CERTIFICATE OF INSURANCE CAN BE FOUND IN VENDOR QUESTIONNAIRE.
Together with each Bid, the Authority must receive one (1) original cover letter on the official letterhead of the Bidder, which acknowledges, among other things, that the Bidder has completely reviewed and understands and agrees to be bound by the requirements of the Bid, and such letter commits the Bidder, if selected, to carrying out the provisions of the Bid. The entity submitting the Bid also must be the same entity that executes the Contract relating to the Services covered by the Bid.
The cover letter must be signed by an officer of the Bidder who is empowered to sign the Bid and to commit the Bidder to the obligations contained in the Bid. If the Bidder is a partnership, the Bid shall be signed in the name of the firm by one or more of the general partners. If the Bidder is a corporation, the authorized officer shall sign his name and his title beneath the full corporate name, and the Bid shall also bear the seal of the corporation. If the Bidder is a joint venture, the joint venturer authorized to execute the Bid by the terms of the joint venture Contract must execute the Bid, and a copy of the joint venture Contract must be submitted as part of the Bid. Anyone signing the Bid as agent must file with it legal evidence of his or her authority to execute such Bid.
All forms that require signatures of the Bidder shall be signed by the same individual(s) signing the Cover Letter.
The following shall constitute Events of Default on the part of the Contractor:
The Contractor will be responsible for successfully implementing the start-up, operation and maintenance of the Yard Waste Program for the participating Municipalities for the Term of the Agreement. The Contractor shall provide all vehicles, containers, equipment, materials, labor, insurance, tolls, fuel, repair, maintenance and materials that are necessary or required to fully perform the Yard Waste Recycling Services.
Each of the instructions set forth in this Section must be followed in order for a Bid to be deemed to be responsive to the Bid. In all cases, the Authority reserves the right to determine, in its sole discretion, whether any aspect of the Bid meets the submission requirements of the Bid. The Authority reserves the right to reject any Bid that, in its judgment, does not comply with the submission guidelines set forth in this Bid. In addition, notwithstanding any of the provisions hereof, the Authority reserves the right to waive any informality in the Bids.
BUSINESS QUESTIONNAIRE AND CONTENT OF BID RESPONSE
To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the Middlesex County Improvement Authority (MCIA) and its agents or employees from and against any and all claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from provision or failure of provision of the bid requirements described herein. The Middlesex County Improvement Authority (MCIA) is not authorized to indemnify any third party for the acts of any party other than the entities, agents, or employees of the MCIA. However, the Middlesex County Improvement Authority (MCIA) is subject to all provisions of the New Jersey Tort Claims Act, N.J.S.A 59:1-1, et seq. and available appropriations. The Middlesex County Improvement Authority (MCIA) assumes no responsibility or obligations to any third parties by awarding this Contract to the Contractor.
The contractor shall maintain sufficient insurance to protect against all claims described herein and shall be subject to approval for adequacy of protection and certificates of such insurance shall be provided with the Middlesex County Improvement Authority (MCIA) named as additional insured.
Consultant shall carry and maintain at all times while the contract is in full force and effect, the following insurance coverage with an insurance company or companies acceptable to the MCIA, with limits not less than those shown below. A Certificate of Insurance shall be filed with the Middlesex County Improvement Authority (MCIA) prior to commencement of the work.
Coverage on Primary and Non-contributory Basis: The Certificate of Insurance should indicate that all insurance coverages (excluding Workers Compensation) shall be provided on a primary and non-contributory basis to the Middlesex County Improvement Authority (MCIA), its officers, officials, employees, agents, and volunteers.
Any combination of primary and umbrella/excess may be used to satisfy the limits.
Insurance is to be placed with sureties with a current A.M. Best Rating of no less than A:VII, unless otherwise acceptable to the MCIA.
Self-insured retentions shall be declared to and approved by the MCIA.
The insurances shall contain waiver of subrogation provisions, as allowed by law, in favor of the MCIA.
Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with written notice to the MCIA.
Special Risks or Circumstances: The Middlesex County Improvement Authority (MCIA) reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
SAMPLE CERTIFICATE OF INSURANCE CAN BE FOUND IN VENDOR QUESTIONNAIRE.
It is the responsibility of the Contractor to make its own investigation of the soil or subsoil conditions at all Designated Sites included in this Contract. Where required, the Contractor shall provide a sufficient quantity of structural fill, stone, asphalt millings, etc., to maintain roadways for incoming Municipal vehicles and the Contractor’s Yard Waste transfer tractor trailers. The Contractor agrees that it will make no claims against the Authority for the conditions of the soil or subsoil.
To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the Middlesex County Improvement Authority (MCIA) and its agents or employees from and against any and all claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from provision or failure of provision of the bid requirements described herein. The Middlesex County Improvement Authority (MCIA) is not authorized to indemnify any third party for the acts of any party other than the entities, agents, or employees of the MCIA. However, the Middlesex County Improvement Authority (MCIA) is subject to all provisions of the New Jersey Tort Claims Act, N.J.S.A 59:1-1, et seq. and available appropriations. The Middlesex County Improvement Authority (MCIA) assumes no responsibility or obligations to any third parties by awarding this Contract to the Contractor.
The contractor shall maintain sufficient insurance to protect against all claims described herein and shall be subject to approval for adequacy of protection and certificates of such insurance shall be provided with the Middlesex County Improvement Authority (MCIA) named as additional insured.
Consultant shall carry and maintain at all times while the contract is in full force and effect, the following insurance coverage with an insurance company or companies acceptable to the MCIA, with limits not less than those shown below. A Certificate of Insurance shall be filed with the Middlesex County Improvement Authority (MCIA) prior to commencement of the work.
Coverage on Primary and Non-contributory Basis: The Certificate of Insurance should indicate that all insurance coverages (excluding Workers Compensation) shall be provided on a primary and non-contributory basis to the Middlesex County Improvement Authority (MCIA), its officers, officials, employees, agents, and volunteers.
Any combination of primary and umbrella/excess may be used to satisfy the limits.
Insurance is to be placed with sureties with a current A.M. Best Rating of no less than A:VII, unless otherwise acceptable to the MCIA.
Self-insured retentions shall be declared to and approved by the MCIA.
The insurances shall contain waiver of subrogation provisions, as allowed by law, in favor of the MCIA.
Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with written notice to the MCIA.
Special Risks or Circumstances: The Middlesex County Improvement Authority (MCIA) reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
SAMPLE CERTIFICATE OF INSURANCE CAN BE FOUND IN VENDOR QUESTIONNAIRE.
The following shall constitute Events of Default on the part of the Authority:
The Contractor shall supply all labor required to provide the Services required herein.
The Contractor shall have a competent superintendent at the sites to supervise any and all work and shall maintain adequate staffing at the sites to perform all work required herein.
All staff shall be properly trained in the performance of all the operating and emergency procedures.
The Contractor shall supply sufficient equipment, front end loaders, tractor trailers, vehicles and roll-off containers necessary for the proper loading of trailers at the designated site(s) in addition to the proper transportation of Leaves, Brush and Grass once they are initially deposited by the Municipalities. The Contractor will provide to the Authority a list of trailers. trucks and equipment that is to be allocated for use in their performance of the Contract. Contractor shall also include sufficient equipment for the proper loading of trailers at the designated site in addition to the proper transportation of same. Additionally, the Contractor shall supply all equipment for the maintenance of the Designated Sites and access roads to assure an acceptable grade and site condition and as specified herein.
All transportation vehicles and containers supplied by the Contractor for the transportation of Leaves, Brush and/or Grass shall be in good operating condition and shall be in a safe condition to permit their use upon public streets and roads.
All equipment or supplies required to perform the Services herein are to be supplied by the Contractor who shall operate, maintain and repair all such vehicles and equipment in accordance with the manufacturer's specifications and in a manner sufficient to ensure that such vehicles and equipment are capable of providing all of the required Yard Waste Recycling Services as set forth in these Bid Specifications and in conformance with the terms and conditions of the Agreement.
Upon termination of the Agreement, Contractor shall insure that all of its equipment and vehicles are removed from Designated Sites and such Designated Sites restored to the condition as existed at the commencement of the Contract.
To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the Middlesex County Improvement Authority (MCIA), and its agents or employees from and against any and all claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from provision or failure of provision of the bid requirements described herein. The Middlesex County Improvement Authority (MCIA) is not authorized to indemnify any third party for the acts of any party other than the entities, agents, or employees of the Middlesex County Improvement Authority (MCIA). However, the Middlesex County Improvement Authority (MCIA) is subject to all provisions of the New Jersey Tort Claims Act, N.J.S.A 59:1-1, et seq. and available appropriations. The Middlesex County Improvement Authority (MCIA) assumes no responsibility or obligations to any third parties by awarding this Contract to the Contractor.
The contractor shall maintain sufficient insurance to protect against all claims described herein and shall be subject to approval for adequacy of protection and certificates of such insurance shall be provided with the Middlesex County Improvement Authority (MCIA) named as additional insured.
Contractor shall carry and maintain at all times while the contract is in full force and effect, the following insurance coverage with an insurance company or companies acceptable to the County, with limits not less than those shown below. A Certificate of Insurance shall be filed with the Middlesex County Improvement Authority (MCIA) prior to commencement of the work.
Coverage on Primary and Non-contributory Basis: The Certificate of Insurance should indicate that all insurance coverages (excluding Workers Compensation) shall be provided on a primary and non-contributory basis to the Middlesex County Improvement Authority, its officers, officials, employees, agents, and volunteers.
Any combination of primary and umbrella/excess may be used to satisfy the limits.
Insurance is to be placed with sureties with a current A.M. Best Rating of no less than A:VII, unless otherwise acceptable to the MCIA.
Self-insured retentions shall be declared to and approved by the MCIA.
The insurances shall contain waiver of subrogation provisions, as allowed by law, in favor of the MCIA.
Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with written notice to the MCIA.
Special Risks or Circumstances: The Middlesex County Improvement Authority (MCIA) reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
SAMPLE CERTIFICATE OF INSURANCE CAN BE FOUND IN VENDOR QUESTIONNAIRE.
It is the obligation of the Contractor to make its own investigation of subsurface conditions prior to submitting its Bid.
The Contractor agrees that it will make no claims against the Authority for subsurface conditions.
To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the Middlesex County Improvement Authority (MCIA), and its agents or employees from and against any and all claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from provision or failure of provision of the bid requirements described herein. The Middlesex County Improvement Authority (MCIA) is not authorized to indemnify any third party for the acts of any party other than the entities, agents, or employees of the Middlesex County Improvement Authority (MCIA). However, the Middlesex County Improvement Authority (MCIA) is subject to all provisions of the New Jersey Tort Claims Act, N.J.S.A 59:1-1, et seq. and available appropriations. The Middlesex County Improvement Authority (MCIA) assumes no responsibility or obligations to any third parties by awarding this Contract to the Contractor.
The contractor shall maintain sufficient insurance to protect against all claims described herein and shall be subject to approval for adequacy of protection and certificates of such insurance shall be provided with the Middlesex County Improvement Authority (MCIA) named as additional insured.
Contractor shall carry and maintain at all times while the contract is in full force and effect, the following insurance coverage with an insurance company or companies acceptable to the County, with limits not less than those shown below. A Certificate of Insurance shall be filed with the Middlesex County Improvement Authority (MCIA) prior to commencement of the work.
Coverage on Primary and Non-contributory Basis: The Certificate of Insurance should indicate that all insurance coverages (excluding Workers Compensation) shall be provided on a primary and non-contributory basis to the Middlesex County Improvement Authority, its officers, officials, employees, agents, and volunteers.
Any combination of primary and umbrella/excess may be used to satisfy the limits.
Insurance is to be placed with sureties with a current A.M. Best Rating of no less than A:VII, unless otherwise acceptable to the MCIA.
Self-insured retentions shall be declared to and approved by the MCIA.
The insurances shall contain waiver of subrogation provisions, as allowed by law, in favor of the MCIA.
Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with written notice to the MCIA.
Special Risks or Circumstances: The Middlesex County Improvement Authority (MCIA) reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
SAMPLE CERTIFICATE OF INSURANCE CAN BE FOUND IN VENDOR QUESTIONNAIRE.
The Authority is seeking a Contractor for the operation, maintenance and management of a Yard Waste Recycling program for the County of Middlesex that will provide for the recycling, processing and marketing of Leaves, Grass and Brush for all of the Municipalities in the County that intend to participate in the Program. The Contractor shall be responsible for operation, maintenance and management Services to provide for recycling, composting or processing of Acceptable Yard Material in a uniform, efficient and environmentally sound manner throughout the County Designated Sites.
All Yard Waste receiving facilities, including transfer sites, operated and/or serviced, shall be maintained and kept neat by the Contractor and all accumulated wastes shall be removed from all sites in a timely fashion.
Contractor shall remove accumulated leaves, grass and brush from the MCIA Yard Waste Transfer Site in East Brunswick on a daily basis. These materials shall not be stockpiled for more than one (1) day. All Grass shall be removed from all Designated Sites prior to the start of the weekend.
Where Yard Wastes are not removed in a timely fashion as indicated above or as specifically requested by the Authority, the Contractor shall be subject to penalties per day per site as stipulated herein in addition to any Penalty Assessments or NOVs as may be imposed by NJDEP or the Middlesex County Health Department.
To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the Middlesex County Improvement Authority (MCIA), and its agents or employees from and against any and all claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from provision or failure of provision of the bid requirements described herein. The Middlesex County Improvement Authority (MCIA) is not authorized to indemnify any third party for the acts of any party other than the entities, agents, or employees of the MCIA. However, the Middlesex County Improvement Authority (MCIA) is subject to all provisions of the New Jersey Tort Claims Act, N.J.S.A 59:1-1, et seq. and available appropriations. The Middlesex County Improvement Authority (MCIA) assumes no responsibility or obligations to any third parties by awarding this Contract to the Contractor.
The contractor shall maintain sufficient insurance to protect against all claims described herein and shall be subject to approval for adequacy of protection and certificates of such insurance shall be provided with the Middlesex County Improvement Authority (MCIA) named as additional insured.
Coverage on Primary and Non-contributory Basis: The Certificate of Insurance should indicate that all insurance coverages (excluding Workers Compensation) shall be provided on a primary and non-contributory basis to the Middlesex County Improvement Authority (MCIA), its officers, officials, employees, agents and volunteers.
Any combination of primary and umbrella/excess may be used to satisfy the limits.
Insurance is to be placed with sureties with a current A.M. Best Rating of no less than A:VII, unless otherwise acceptable to the MCIA.
Self-insured retentions shall be declared to and approved by the MCIA.
The insurances shall contain waiver of subrogation provisions, as allowed by law, in favor of the MCIA.
Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with written notice to the MCIA.
Special Risks or Circumstances: The Middlesex County Improvement Authority (MCIA) reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
SAMPLE CERTIFICATE OF INSURANCE CAN BE FOUND IN VENDOR QUESTIONNAIRE.
In the event of the occurrence of an Event of Default by the Authority, the Contractor’s remedies for such Event of Default shall include a suit seeking specific performance of the Authority’s obligations pursuant to this Agreement and any such ancillary equitable remedies attendant to the enforcement of a decree, judgment or order for such performance and any other remedies available in law or equity, including a suit for damages, excluding, however, any special, consequential or indirect damages.
The Contractor shall allow the Authority and the owner of each Designated Site, and their agents and employees, proper and safe access to each site and shall not unreasonably interfere with utilization of the site by the owner for the execution of any activities on site.
To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the Middlesex County Improvement Authority (MCIA), and its agents or employees from and against any and all claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from provision or failure of provision of the bid requirements described herein. The Middlesex County Improvement Authority (MCIA) is not authorized to indemnify any third party for the acts of any party other than the entities, agents, or employees of the MCIA. However, the Middlesex County Improvement Authority (MCIA) is subject to all provisions of the New Jersey Tort Claims Act, N.J.S.A 59:1-1, et seq. and available appropriations. The Middlesex County Improvement Authority (MCIA) assumes no responsibility or obligations to any third parties by awarding this Contract to the Contractor.
The contractor shall maintain sufficient insurance to protect against all claims described herein and shall be subject to approval for adequacy of protection and certificates of such insurance shall be provided with the Middlesex County Improvement Authority (MCIA) named as additional insured.
Coverage on Primary and Non-contributory Basis: The Certificate of Insurance should indicate that all insurance coverages (excluding Workers Compensation) shall be provided on a primary and non-contributory basis to the Middlesex County Improvement Authority (MCIA), its officers, officials, employees, agents and volunteers.
Any combination of primary and umbrella/excess may be used to satisfy the limits.
Insurance is to be placed with sureties with a current A.M. Best Rating of no less than A:VII, unless otherwise acceptable to the MCIA.
Self-insured retentions shall be declared to and approved by the MCIA.
The insurances shall contain waiver of subrogation provisions, as allowed by law, in favor of the MCIA.
Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with written notice to the MCIA.
Special Risks or Circumstances: The Middlesex County Improvement Authority (MCIA) reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
SAMPLE CERTIFICATE OF INSURANCE CAN BE FOUND IN VENDOR QUESTIONNAIRE.
Unless as otherwise provided herein, upon termination of this Agreement all rights, privileges and obligations hereunder shall cease, except that no termination of this Agreement shall release either party from any obligation accrued hereunder including but not limited to any indemnity provided hereunder or rescind any payment made or due to either party hereunder, prior to the time that such termination becomes effective unless such payment resulted from a fraudulent or erroneous billing practice.
The Bid shall contain the following information set forth in the following order:
To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the Middlesex County Improvement Authority (MCIA), and its agents or employees from and against any and all claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from provision or failure of provision of the bid requirements described herein. The Middlesex County Improvement Authority (MCIA) is not authorized to indemnify any third party for the acts of any party other than the entities, agents, or employees of the MCIA. However, the Middlesex County Improvement Authority (MCIA) is subject to all provisions of the New Jersey Tort Claims Act, N.J.S.A 59:1-1, et seq. and available appropriations. The Middlesex County Improvement Authority (MCIA) assumes no responsibility or obligations to any third parties by awarding this Contract to the Contractor.
The contractor shall maintain sufficient insurance to protect against all claims described herein and shall be subject to approval for adequacy of protection and certificates of such insurance shall be provided with the Middlesex County Improvement Authority (MCIA) named as additional insured.
Lessee shall carry and maintain at all times while the contract is in full force and effect, the following insurance coverage with an insurance company or companies acceptable to the Middlesex County Improvement Authority (MCIA), with limits not less than those shown below. A Certificate of Insurance shall be filed with the Middlesex County Improvement Authority (MCIA) prior to commencement of the work.
Coverage on Primary and Non-contributory Basis: The Certificate of Insurance should indicate that all insurance coverages (excluding Workers Compensation) shall be provided on a primary and non-contributory basis to the Middlesex County Improvement Authority (MCIA), its officers, officials, employees, agents and volunteers.
Any combination of primary and umbrella/excess may be used to satisfy the limits.
Insurance is to be placed with sureties with a current A.M. Best Rating of no less than A:VII, unless otherwise acceptable to the MCIA.
Self-insured retentions shall be declared to and approved by the MCIA.
The insurances shall contain waiver of subrogation provisions, as allowed by law, in favor of the MCIA.
Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with written notice to the MCIA.
Special Risks or Circumstances: The Middlesex County Improvement Authority (MCIA) reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
SAMPLE CERTIFICATE OF INSURANCE CAN BE FOUND IN VENDOR QUESTIONNAIRE.
To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the Middlesex County Improvement Authority (MCIA), and its agents or employees from and against any and all claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from provision or failure of provision of the bid requirements described herein. The Middlesex County Improvement Authority (MCIA) is not authorized to indemnify any third party for the acts of any party other than the entities, agents, or employees of the MCIA. However, the Middlesex County Improvement Authority (MCIA) is subject to all provisions of the New Jersey Tort Claims Act, N.J.S.A 59:1-1, et seq. and available appropriations. The Middlesex County Improvement Authority (MCIA) assumes no responsibility or obligations to any third parties by awarding this Contract to the Contractor.
The contractor shall maintain sufficient insurance to protect against all claims described herein and shall be subject to approval for adequacy of protection and certificates of such insurance shall be provided with the Middlesex County Improvement Authority (MCIA) named as additional insured.
Lessee shall carry and maintain at all times while the contract is in full force and effect, the following insurance coverage with an insurance company or companies acceptable to the Middlesex County Improvement Authority (MCIA), with limits not less than those shown below. A Certificate of Insurance shall be filed with the Middlesex County Improvement Authority (MCIA) prior to commencement of the work.
Coverage on Primary and Non-contributory Basis: The Certificate of Insurance should indicate that all insurance coverages (excluding Workers Compensation) shall be provided on a primary and non-contributory basis to the Middlesex County Improvement Authority (MCIA), its officers, officials, employees, agents and volunteers.
Any combination of primary and umbrella/excess may be used to satisfy the limits.
Insurance is to be placed with sureties with a current A.M. Best Rating of no less than A:VII, unless otherwise acceptable to the MCIA.
Self-insured retentions shall be declared to and approved by the MCIA.
The insurances shall contain waiver of subrogation provisions, as allowed by law, in favor of the MCIA.
Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with written notice to the MCIA.
Special Risks or Circumstances: The Middlesex County Improvement Authority (MCIA) reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
SAMPLE CERTIFICATE OF INSURANCE CAN BE FOUND IN VENDOR QUESTIONNAIRE.
Middlesex County Utilities Authority Yard Waste Regional Site
55 Edgeboro Road, East Brunswick NJ: (732)-246-4313
Hours of Operation: Monday thru Friday: 7:00AM - 3:00PM, Saturday: 7:00AM - 12:00PM, CLOSED SUNDAYS & HOLIDAYS
BACK-UP FACILITY LOCATED WITHIN MIDDLESEX COUNTY:
Contractor will also need to indicate a backup/secondary facility located within Middlesex County.
The Contractor shall acquire and hold, or cause its personnel to acquire and hold, all required State, federal, and local licenses and certifications necessary to operate, maintain, and manage the Contractor’s Sites in accordance with the terms and provisions of this Agreement.
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The waiver by either party of a default or of a breach of any provision of this Agreement by the other party shall not operate or be construed to operate as a waiver of any subsequent default or breach. The making or the acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach.
The Bid shall include the following information in the following order:
1. Project Organization
The Bidder shall submit a Project Organization Plan for this project. The plan should describe, in narrative form and as a chart, the Bidder's proposed organizational structure for this project. The chart shall display:
Resumes of key personnel to be assigned to the Authority's project are to be provided in the Bidders Bid. This includes the resumes and experience of the people or firm that the Bidder will utilize in implementing the Contract.
2. Describe briefly any significant pending legal and administrative proceedings or investigations (other than ordinary routine litigation incidental to Bidders business) in which the Bidder, its officers, directors, employees or principals or any of its subsidiaries or parent(s), their officers, directors, employees or principals is a party or of which any of their property is the subject. Include the name of the court or agency in which the proceedings are pending, the date instituted, and the principal parties thereto, a description of the factual basis alleged to underlie the proceeding or investigation and the relief sought. Include similar information as to any such proceedings known to be contemplated by governmental authorities. Administrative or judicial proceedings arising under any federal, state, or local laws or ordinances that have been enacted or adopted for purposes of environmental protection shall not be deemed "ordinary routine litigation incidental to the business" and shall be described.
3. Describe briefly any occasion in which Bidder or any officer or principal of Bidder with a proprietary interest therein, has ever been disqualified, removed or otherwise prevented from Bidding on, participating in, or completing a federal, state, or local governmental project because of a violation of law or a safety regulation.
4. Describe briefly any occasion in which Bidder has been in a position of default in a federal, state or local government project, such that payment proceedings and/or execution on a payment, performance or Bid bond have been undertaken.
5. List all threatened and pending claims, litigation and judgments or settlements, government enforcement actions, notices of violations or permit violations in which the Bidder has been, or is, involved. Describe the nature of the compliance history.
6. Has the Bidder or any of its officers refused to testify or waive immunity before any state or the federal grand jury relating to any public project within the last ten (10) years? If so, provide details.
7. If multiple organizations are participating (e.g., subsidiaries, parent companies, joint ventures), the information requested should be provided regarding each of the respective organizations.
The Contractor shall own or otherwise control a minimum of two (2) leaf composting sites, two (2) brush processing sites, and a grass composting site to be provided by the Contractor, which sites will provide sufficient combined capacity to compost and/or process all of the Leaves, Brush and Grass clippings generated by the participating Municipalities directed to the Contractor’s sites. The Authority has determined the requirement of two (2) sites each for Leaves and Brush to ensure a site for the mandated recycling of Leaves and Brush should a site be temporarily inaccessible. A site may include processing for Leaves, Brush and Grass. So if a site may be used for processing of Leaves, Brush and Grass, a separate grass composting site will not be required. In the event that the Contractor does not own the proposed sites the Contractor must exercise control of such sites in a manner sufficient to provide the Recycling Services and for a term that is longer than or equal to the term of the Yard Waste Agreement, including any extensions.
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The individual Municipality, County agency and/or the property owner is the named permittee for various permits and approvals for the Designated Sites. The Contractor shall be responsible for obtaining, including but not limited to, filling out all required applications and forms, supplying required data, and payment of required fees, and maintaining all necessary existing and/or additionally required State, Federal and local permits, licenses and other governmental or private party approvals for the operation of the equipment used in connection with the Designated Sites, or provided by the Authority for such use. All additional or renewed permits and approvals shall be in the name of the respective permit holder as the permittee: however, the Contractor shall comply with all requirements pertaining thereto in accordance with the following section.
RESCISSION - The Middlesex County Improvement Authority (MCIA) reserves the right to rescind any contract which it has awarded, prior to the commencement of work under said contract. The right to rescind shall be exercised by the Middlesex County Improvement Authority (MCIA) when, in its sole discretion, it determines that rescission is in the best interests of the MCIA. The Middlesex County Improvement Authority (MCIA) shall reimburse the contractor for reasonable out-of-pocket expenses which were incurred between the time the contract was awarded and the date of rescission.
COUNTY’S RIGHT OF CANCELLATION -The Middlesex County Improvement Authority (MCIA) shall have the right to cancel the Contract entered into with the successful bidder(s) at any time during the Contract Period with a thirty (30) day Notice of Cancellation.
CONTRACTOR DEFAULT – The Middlesex County Improvement Authority (MCIA) Board of Commissioners shall have the right in case of failure, neglect, or the refusal of the contractor to do the work specified satisfactorily, to terminate the Contract at the expiration of a three (3) day written notice to the contractor and surety served upon them at their last known address according to the records of the Middlesex County Improvement Authority (MCIA). At the expiration of said notice, the MCIA shall, at its option, proceed to perform said work itself or enter into a Contract for the performance thereof for the balance of the term provided, however, that the person, firm, or corporation chosen by the surety is approved by the MCIA. Where the MCIA proceeds to perform the work itself or enters into a Contract for the performance for the balance of the term, the MCIA shall deduct the cost thereof from the payments due to or grown due and the contractor shall be liable for such deficiency. If the MCIA shall declare the said Contract in default, in the whole or in any particular, such declaration of default shall in no way relieve or affect the liability of the contractor and his surety for breach of any of the covenants and conditions of said Contract.
CONTRACTOR FINANCIAL DEFAULT - 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 MCIA shall terminate this contract. 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 of this contract, the MCIA 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.
If, through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations under the contract or if the contractor shall violate any of the requirements of the contract, the Middlesex County Improvement Authority (MCIA) shall there upon have the right to terminate the contract by giving written notice to the contractor of such termination and specifying the effective date of termination. Such termination shall relieve the owner of any obligation for balances to the contractor of any sum or sums set forth in the contract. The MCIA shall pay only for goods and services accepted prior to termination.
Notwithstanding the above, the contractor shall not be relieved of liability to the Middlesex County Improvement Authority (MCIA) for damages sustained by the MCIA by virtue of any breach of the contract by the contractor and the MCIA shall withhold any payments to the contractor for the purpose of compensation until such time as the exact amount of the damage due the MCIA from the contractor is determined.
The contractor agrees to indemnify and hold the Middlesex County Improvement Authority (MCIA) harmless from any liability to subcontractors/suppliers concerning payment for work performed or goods supplied arising out of the lawful termination of the contract by the MCIA.
In case of default by the contractor, the MCIA shall procure the goods or services from other sources and hold the contractor responsible for any excess cost.
Continuation of the terms of the contract beyond the fiscal year is contingent on availability of funds in the following year's budget. In the event of unavailability of such funds, the Middlesex County Improvement Authority (MCIA) reserves the right to cancel the contract.
RESCISSION - The Middlesex County Improvement Authority (MCIA) reserves the right to rescind any contract which it has awarded, prior to the commencement of work under said contract. The right to rescind shall be exercised by the Middlesex County Improvement Authority (MCIA) when, in its sole discretion, it determines that rescission is in the best interests of the MCIA. The Middlesex County Improvement Authority (MCIA) shall reimburse the contractor for reasonable out-of-pocket expenses which were incurred between the time the contract was awarded and the date of rescission.
COUNTY’S RIGHT OF CANCELLATION -The Middlesex County Improvement Authority (MCIA) shall have the right to cancel the Contract entered into with the successful bidder(s) at any time during the Contract Period with a thirty (30) day Notice of Cancellation.
CONTRACTOR DEFAULT – The Middlesex County Improvement Authority (MCIA) Board of Commissioners shall have the right in case of failure, neglect, or the refusal of the contractor to do the work specified satisfactorily, to terminate the Contract at the expiration of a three (3) day written notice to the contractor and surety served upon them at their last known address according to the records of the Middlesex County Improvement Authority (MCIA). At the expiration of said notice, the MCIA shall, at its option, proceed to perform said work itself or enter into a Contract for the performance thereof for the balance of the term provided, however, that the person, firm, or corporation chosen by the surety is approved by the MCIA. Where the MCIA proceeds to perform the work itself or enters into a Contract for the performance for the balance of the term, the MCIA shall deduct the cost thereof from the payments due to or grown due and the contractor shall be liable for such deficiency. If the MCIA shall declare the said Contract in default, in the whole or in any particular, such declaration of default shall in no way relieve or affect the liability of the contractor and his surety for breach of any of the covenants and conditions of said Contract.
CONTRACTOR FINANCIAL DEFAULT - 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 MCIA shall terminate this contract. 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 of this contract, the MCIA 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.
If, through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations under the contract or if the contractor shall violate any of the requirements of the contract, the Middlesex County Improvement Authority (MCIA) shall there upon have the right to terminate the contract by giving written notice to the contractor of such termination and specifying the effective date of termination. Such termination shall relieve the owner of any obligation for balances to the contractor of any sum or sums set forth in the contract. The MCIA shall pay only for goods and services accepted prior to termination.
Notwithstanding the above, the contractor shall not be relieved of liability to the Middlesex County Improvement Authority (MCIA) for damages sustained by the MCIA by virtue of any breach of the contract by the contractor and the MCIA shall withhold any payments to the contractor for the purpose of compensation until such time as the exact amount of the damage due the MCIA from the contractor is determined.
The contractor agrees to indemnify and hold the Middlesex County Improvement Authority (MCIA) harmless from any liability to subcontractors/suppliers concerning payment for work performed or goods supplied arising out of the lawful termination of the contract by the MCIA.
In case of default by the contractor, the MCIA shall procure the goods or services from other sources and hold the contractor responsible for any excess cost.
Continuation of the terms of the contract beyond the fiscal year is contingent on availability of funds in the following year's budget. In the event of unavailability of such funds, the Middlesex County Improvement Authority (MCIA) reserves the right to cancel the contract.
The Bid shall include the following information:
1. A properly and duly authorized letter from a surety committing to issue an annually renewable performance bond in the amount as indicated herein if the Bidder is qualified and subsequently selected by the Authority and pursuant to the terms of the Bid to execute a Contract.
2. Full information shall be provided concerning any material changes in the mode of conducting business, bankruptcy proceedings, and mergers or acquisitions within the past three years, including comparable information for related companies and principals of companies, and any actual, threatened, and pending litigation in which the Bidder is involved.
3. A description of all major financial commitments presently outstanding and their bearing on the Bidder's financial ability to provide the Services. Provide a list of the Bidder's liabilities or contingent liabilities in all other projects, including all yard waste/composting projects. List contracts that have been executed and contracts that are currently under negotiation for such projects. For each contract, provide the contract price.
4. If the Bid is submitted by a partnership and/or joint venture, provide an executed copy of the partnership and/or joint venture, including:
In the event that at any time hereafter, the Recycling Funds available to the Authority are unavailable to fund the Program, the Authority shall be entitled to terminate this Agreement without penalty or liability for damages. This Agreement is subject to continued funding by the Authority.
ARTICLE V - COVENANTS AND RESPONSIBILITIES
The Contractor shall comply with the Water Pollution Control Act (The “Clean Water Act”), the Resource Conservation Recovery Act, as amended (“RCTA”), the Comprehensive Environmental Response, Compensation and Liability Act as amended (“CERCLA”), Occupational Safety and Health Act and any and all laws, codes, ordinances and regulations as they pertain to the Designated Sites and Contractor’s Sites. In the event that the Contractor, the Authority or any participating Municipality is determined to be in violation of any law, regulation or permit conditions and is assessed a fine, penalty or damages as a result thereof, by an appropriate regulatory agency or court of competent jurisdiction due to the fault or negligence of the Contractor, the Contractor shall be responsible for correcting the violation or the cause of such fine, penalty or assessed damages, and shall pay all costs and expenses, including the fines, penalties and damage assessments, associated therewith.
All repairs and/or improvements to the Designated Sites shall be made by the Contractor in accordance with existing Municipal ordinances.
The Contractor will be responsible for negotiating and procuring contracts for the disposition of Compost and/or other end products produced from the composting or processing of Acceptable Yard Materials. In the event that the Contractor is unable to provide for the marketing or disposition of such materials, the Contractor will be solely responsible for disposing of the same in accordance with applicable laws and regulations governing the disposal of unsold materials.
The Middlesex County Improvement Authority (MCIA) reserves the right to add and/or delete services to this contract. Should a service requirement be deleted, payment to the Contractor shall be reduced proportionally to the amount of service deleted in accordance with the bid price. Should additional services be required, payment to the Contractor shall be increased proportionally to the amount of service added in accordance with the bid price.
The Bid shall include the following information:
1. Overall Experience - The Bidder shall submit a description of its overall experience in operating, maintaining and managing Yard Waste Facilities. The Bidder shall identify when the company was organized, and if a corporation, where incorporated and how many years engaged in providing Yard Waste Recycling Services under that name.
2. Individual Site Experience - The Bidder shall provide client name, contact, address and phone number, and a brief description of the project(s) and capacities by types of materials for:
3. Contractor Owned/Operated Facilities - The Bidder shall provide facility name, permit number, state of jurisdiction, location and address, capacity (permitted, committed and available) by constituent, and owner and/or operator's consent to use/receive materials.
4. Regulatory Compliance - The Bidder shall not have been terminated for cause on any public contract for Services and shall so certify.
5. Equipment - The Bidder must submit a list of all vehicles and equipment that it owns and/or leases that will be used in providing the specified Services. If the Bidder leases any portion of the vehicles or equipment, the owner of the same shall be identified.
6. Preliminary Operations Plan - The Bidder shall prepare a Preliminary Operation Plan which describes the tasks to be performed in meeting all of the requirements of the Bid, including any subsequent addenda thereto. The Plan shall define the Bidder's approach to accomplishing the Services to be performed during the Term of the Contract and shall include, but not be limited to, the following:
The Middlesex County Improvement Authority (MCIA) reserves the right to add and/or delete services to this contract. Should a service requirement be deleted, payment to the Contractor shall be reduced proportionally to the amount of service deleted in accordance with the bid price. Should additional services be required, payment to the Contractor shall be increased proportionally to the amount of service added in accordance with the bid price.
The Contractor shall not cause or allow a point or non-point source pollution discharge from or on the Designated Sites to any surface waters of the State, except as authorized by a NJPDES permit.
The Contractor shall not cause or allow pollution of groundwater within or outside of the Designated Sites. The Contractor shall not cause or allow a discharge of any contaminant into groundwater except as authorized by a NJPDES permit.
The Contractor shall manage surface water and control dust, erosion and sedimentation in accordance with NJDEP regulations and Soil Conservation Service regulations.
During the term of this Agreement and any extension thereof, the Contractor warrants and covenants to the Authority as follows:
The Contractor shall be responsible for procuring all necessary permits, licenses and approvals required in connection with the construction, operation and maintenance of its leaf, brush and grass composting sites from all regulatory agencies having jurisdiction over the construction, operating and maintenance of such sites and with maintaining or, if necessary, during the Term of the Yard Waste Agreement, renewing said permits.
The Contractor shall be responsible for satisfying any and all regulatory requirements associated with respect to the Yard Waste Agreement and the Contractor shall be solely responsible for all Notices of Violation and/or Penalty Assessment(s) issued by NJDEP and/or the Middlesex County Health Department. The Contractor shall also comply with local Fire Code requirements and regulations.
Any prospective bidder who wishes to challenge a bid specification shall file such challenges in writing with the Purchasing Agent no less than three (3) business days prior to the opening of the bids.
Challenges filed after that time shall be considered void and having no impact on the contracting unit or the award of contract.
The Bidder may include in Section 11 any other information that it deems relevant or useful for the Authority to consider in qualifying the Bidder. Voluminous or superfluous information shall not be provided.
If the Bidder does not wish to submit additional information, indicate by the word "None".
During the term of this Agreement and any extension thereof, the Authority represents, warrants and covenants to the Contractor as follows:
ARTICLE VI - MISCELLANEOUS PROVISIONS
Any prospective bidder who wishes to challenge a bid specification shall file such challenges in writing with the Purchasing Agent no less than three (3) business days prior to the opening of the bids.
Challenges filed after that time shall be considered void and having no impact on the contracting unit or the award of contract.
The Contractor shall implement fugitive dust control measures at each Designated Site when and as necessary.
The Contractor shall not cause or allow open burning at any Designated Site.
The MCIA shall retain all its rights and interest in any and all documents and property, both hard copy and digital, furnished by the MCIA to the contractor for the purpose of assisting the contractor in the performance of this contract. All such items shall be returned immediately to the MCIA at the expiration or termination of the contract or completion of any related services, pursuant thereto, whichever comes first.
None of the documents and/or property shall, without the written consent of the MCIA, be disclosed to others or used by the contractor or permitted by the contractor to be used by their parties at any time except in the performance of the resulting contract.
Ownership of all data, materials and documentation originated and prepared for the owner pursuant to this contract shall belong exclusively to the Middlesex County Improvement Authority (MCIA). All data, reports, computerized information, programs and materials related to this project shall be delivered to and become the property of the owner upon completion of the project. The contractor shall not have the right to use, sell, or disclose the total of the interim or final work products, or make available to third parties, without prior written consent of the MCIA. All information supplied to the MCIA shall be required to be supplied on electronic media compatible with the MCIA’s most current computer operating system.
The MCIA shall retain all its rights and interest in any and all documents and property, both hard copy and digital, furnished by the MCIA to the contractor for the purpose of assisting the contractor in the performance of this contract. All such items shall be returned immediately to the MCIA at the expiration or termination of the contract or completion of any related services, pursuant thereto, whichever comes first.
None of the documents and/or property shall, without the written consent of the MCIA, be disclosed to others or used by the contractor or permitted by the contractor to be used by their parties at any time except in the performance of the resulting contract.
Ownership of all data, materials and documentation originated and prepared for the owner pursuant to this contract shall belong exclusively to the Middlesex County Improvement Authority (MCIA). All data, reports, computerized information, programs and materials related to this project shall be delivered to and become the property of the owner upon completion of the project. The contractor shall not have the right to use, sell, or disclose the total of the interim or final work products, or make available to third parties, without prior written consent of the MCIA. All information supplied to the MCIA shall be required to be supplied on electronic media compatible with the MCIA’s most current computer operating system.
The Bid forms contained herein in Section 12 specifically enumerate the requirements set forth in this Bid. Data from these forms will be used in the Bid evaluations. Each Bidder must fill out all of the forms completely. Use N/A to specify items in the Bid Forms that are not applicable to the Bidder. It should be noted however, that the failure to fully complete all applicable Bid Forms by incorrectly providing that certain Bid Forms (or portions thereof) are not applicable to a Bidder may result in a determination that the Bid is non‑responsive. To provide additional information, use separate sheets following the Bid form format.
The Contractor shall maintain waste disposal containers at each Designated Site that it maintains for disposal of all County or municipal unacceptable materials, garbage, and other debris, which may not be composted pursuant to this Contract. Full waste disposal containers shall be disposed of in accordance with the Middlesex County Solid Waste Management Plan at the Contractor’s expense.
The Contractor shall provide reports and summaries of Acceptable Yard Waste received each month, by Municipality, as defined herein and any additional reports which may be reasonably requested by the Authority. The Contractor shall prepare said reports and maintain all records relating to activities under the Yard Waste Agreement, including the preparation of all invoices for the unit charges and other costs required to be paid by the Authority under the terms of the Yard Waste Agreement.
The Contractor shall be responsible for controlling any and all odors from the Designated Sites. The operation of these Designated Sites shall not result in odors associated with the composting process or with stockpiled material to be transferred, being detected off-site by the sense of smell in any area of human use or occupancy.
Complaints of odor shall be addressed within twenty-four (24) hours of receipt of same either by utilizing acceptable odor control methods or by removing the subject material from the site.
In order to be considered responsive, all Bidders must propose prices for each of the items as contained in the Cost Bid Forms as provided herein.
In cases where a written price is used with a numeric price, the written price will govern. If a discrepancy exists between totals and itemized breakdowns, the unit prices multiplied by the quantities shall govern.
This Agreement constitutes the entire agreement and understanding between the parties in relation to its subject matter, and supersedes all previous and contemporaneous agreements, understandings, representations and warranties between the parties. Notwithstanding the foregoing, however, to the extent not inconsistent herewith, the terms of the Bid and Bid Specifications shall be incorporated herein. In the event of a conflict between the terms of the Bid, and the terms of this Agreement, the terms of this Agreement shall control.
Payments shall be made upon the approval of vouchers/purchase orders submitted by the successful vendor in accordance with the requirements of the MCIA Board of Commissioners and subject to the MCIA Board of Commissioners customary procedures. The successful vendor shall submit one voucher/purchase order and original invoice on a monthly basis accompanied by a detailed summary of the monthly activities.
Payments shall be made upon the approval of vouchers/purchase orders submitted by the successful vendor in accordance with the requirements of the MCIA Board of Commissioners and subject to the MCIA Board of Commissioners customary procedures. The successful vendor shall submit one voucher/purchase order and original invoice on a monthly basis accompanied by a detailed summary of the monthly activities.
It is the intent of the Authority to solicit Bids from contractors that have expertise in establishing and maintaining a comprehensive, integrated system for operation, maintenance and management of compost sites, collecting, transporting, processing and marketing of Yard Waste Recyclables of the type and in the amounts contemplated by these Bid documents. Such experience and expertise must include (a) collection and transportation of Recyclables from the drop-off and convenience center sites; (b) processing and composting Yard Waste materials; and (c) end product materials marketing. In addition, Contractors are required to possess and demonstrate the managerial expertise and financial resources necessary to provide all required Yard Waste Recycling Services for which such Bids have been submitted.
In the event of a Public Emergency declared at the Local, State or Federal Level, if the MCIA opts to extend terms and conditions of this proposal, the contractor agrees to extend the terms and conditions of this proposal, whether existing, expiring or expired no longer than six months, for goods and/or services for the duration of the emergency. In the event the original contractor cannot meet this requirement, the MCIA shall solicit the goods and/or services from any proposer on this contract.
Noise control measures shall be implemented by the Contractor to ensure that the sound levels generated by the facility operation do not exceed the standards of the New Jersey Noise Control Regulations (N.J.A.C. 7:29-1.2) or violate any local ordinances.
In the event of a Public Emergency declared at the Local, State or Federal Level, if the MCIA opts to extend terms and conditions of this proposal, the contractor agrees to extend the terms and conditions of this proposal, whether existing, expiring or expired no longer than six months, for goods and/or services for the duration of the emergency. In the event the original contractor cannot meet this requirement, the MCIA shall solicit the goods and/or services from any proposer on this contract.
The terms and conditions of this Agreement, including any schedules hereto, may be modified at any time by mutual agreement of the parties in writing, duly signed by their authorized representatives, subject to the provisions of the Local Public Contracts Law.
The Authority has prepared a Draft Contract as contained herein under Section 14.
The Contractor shall provide insurance as specified herein that will cover its employees and equipment and the provision of the Services.
The Contractor shall not commence performance of the Services under the Contract until it has provided insurance of the types and in such amounts as set forth herein and such insurance has been approved by the Authority, nor shall the Contractor allow any subcontractor to work on its subcontract until all similar insurance required of the subcontractor has been so obtained and approved. The Contractor shall maintain such insurance in full force and effect for the duration of the Contract.
The insurance policies provided by the Contractor at its expense and more particularly described hereafter shall specifically designate the Middlesex County Improvement Authority, the County and the participating Municipalities as additional insureds and shall further contain such provisions as will indemnify, defend and hold harmless the Middlesex County Improvement Authority, the County, and the participating Municipalities and their respective officials, officers, members, employees, consultants, and agents, pursuant to the terms and requirements set forth herein.
The Contractor shall be solely responsible for all injuries to persons or property occurring on account of and during performance of Services hereunder, regardless who is performing the Services, and shall indemnify, defend and save harmless the Authority, the County and the participating Municipalities and their respective officials, officers, members, employees, consultants and agents from liability on any and all claims for damages on account of such injuries to persons or property and from all costs and expenses in suits which may be brought against the Authority, the County or the participating Municipalities and their respective officials, officers, members, employees, consultants and agents for such injuries to persons and property, it being agreed that the Contractor shall be solely responsible and liable for and shall fully protect and indemnify the Authority, the County and the participating Municipalities and their respective officials, officers, members, employees, consultants and agents against all claims for damages to persons or property occasioned by or resulting from the Services regardless by whom performed, which is the subject matter of the Contract whether such damages be attributable to the negligence of the Contractor or its employees or otherwise. In the event that the Authority shall determine to have counsel of its choosing, the Contractor shall be responsible for payment of the costs associated with the retaining of such counsel for such purposes and for other activities of counsel associated therewith.
The Contractor shall note the insurance requirements set forth below and shall ascertain the cost to it of all the required insurance policies before submitting its Bid. No separate payment will be made for the cost of the insurance herein specified, but the Contractor shall include the cost of such insurance in the prices for the various items scheduled in the Bid.
Certificates, in triplicate, from the insurance carrier, stating the limits of liability and the expiration date for each policy and type of coverage shall be filed with the Authority before Services are begun. The certificates shall contain the following express obligation:
"This is to certify that the policies of insurance described herein have been issued to the insured for whom this certificate is executed and are in force at this time. In the event of cancellation, non-renewal or material change in a policy affecting the certificate holder, thirty (30) days prior written notice will be given to the certificate holder."
Such certificates shall specifically refer to the Contract and article, and the following paragraphs in accordance with which the insurance is being furnished, and state that such insurance is as required by such paragraphs of the Contract.
Certificates of the required insurance as listed above shall be submitted to the Authority as evidence covering Comprehensive General Liability, Comprehensive Automobile Liability and where applicable, necessary Workmen's Compensation and Employer's Liability Insurance. Such coverage shall be with acceptable insurance companies only which possess an A.M. Best Company rating of at least AX.
All insurance policies herein required of the Contractor shall be written by a company duly authorized and licensed to do business in the State of New Jersey and be executed by an agent therein duly licensed as an agent in said state.
Insurance shall include the type of insurance specified below in not less than the amounts stated and whatever other insurance may be necessary to provide complete protection to the Authority, County, the participating Municipalities and Contractor and their respective officials, officers, members, employees, consultants and agents against liability, damage and accident of every kind. Neither approval by the Authority, nor a failure to disapprove insurance furnished by a Contractor shall release the Contractor from full responsibility for liability, damages, and accidents as set forth herein.
The Contractor shall take out and maintain during the life of the Contract the following types of insurance in an amount, for each policy, not less than the amounts stated:
1. Workmen's Compensation and Employer's Liability Insurance in accordance with the requirements of the General Laws of the State of New Jersey and all other applicable laws and regulations. If any class of employees engaged in hazardous work cannot be protected by Workmen's Compensation and Liability Insurance, the Contractor shall provide adequate insurance for such class of employees.
The Contractor shall take out and maintain during the life of the Contract the applicable statutory Worker's Compensation Insurance with an insurance company authorized to write such insurance and in the applicable state covering all of its employees. The Contractor shall take out and maintain during the life of the Contract, Employer's Liability Insurance with a limit of $1,000,000 in an insurance company authorized to write such insurance in all states where the Contractor will have employees located in the performance of the Contract and the Contractor shall require each of its subcontractor's similarly to maintain Employer's Liability Insurance on its employees.
2. Public Liability Insurance
3. Automobile Liability and Property Damage Insurance
4. Excess umbrella liability in an amount not less than $5,000,000.
If at any time the Contractor fails to maintain any of the foregoing policies, or if a company issuing any such policy shall become unsatisfactory to the Authority, the Contractor shall, upon notice to that effect from the Authority, promptly obtain a new policy, submit the same to the Authority for its approval and submit a Certificate thereof as hereinabove provided. Upon failure of the Contractor to furnish, deliver and maintain such insurance as above provided, the Contract, at the election of the Authority, may be forthwith declared suspended, discontinued or terminated. Failure of the Contractor to take out and/or maintain or the taking out and/or maintenance of any required insurance, shall not relieve the Contractor of any liability under the Contract
Any notices or consent required or permitted hereunder shall be properly notarized in writing and shall be delivered to the other party by registered or certified mail, return receipt requested, and addressed to the party as set out below, or to such other address as the said party may have specified by notice given in writing to the other party.
To the Authority:
Middlesex County Improvement Authority
101 Interchange Plaza
Cranbury, New Jersey 08512
Attn: Kevin McQueeney QPA
Telephone: (609) 409-5002
Email: kevin.mcqueeney@mciauth.com
To the Contractor:
Unless otherwise expressly agreed to by the parties, any such written notice or consent shall be deemed to be given on the date of receipt or rejection indicated on the certified mail return receipt card.
N.J.A.C. 17:44-2.2 provides the State of New Jersey the authority to audit or review contract records. The contractor shall maintain all documentation related to products, transactions, or services under this contract for a period of five (5) years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon request.
N.J.A.C. 17:44-2.2 provides the State of New Jersey the authority to audit or review contract records. The contractor shall maintain all documentation related to products, transactions, or services under this contract for a period of five (5) years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon request.
The Contractor shall institute and maintain an effective vermin control program at each Designated Site.
The Contractor shall indemnify, defend and hold harmless the Authority, the County and the participating Municipalities, their respective elective and appointive officers, and their duly authorized officers members, agents, servants, consultants and employees from any liability including, but not limited to, indirect, consequential and pollution damages, and also including liability to third parties, for personal injury, including death, and/or property damage which are caused by or arise from the actions, or lack of actions, of the Contractor or any subcontractor selected by the Contractor.
The Contractor's indemnification shall include the reimbursement to the Authority of all fees and expenses reasonably incurred, including, but not limited to legal, technical, financial and administrative costs and responsibility for the claims asserted.
Subsequent to bid submission date and time, all information submitted by bidders in response to the bid solicitation is considered public information, except as shall be exempted from public disclosure by the Open Public Records Act, N.J.S.A. 47:1A-1 et seq., (“OPRA”), or other applicable law.
A bidder shall designate specific information as not subject to disclosure when the bidder has a good faith legal/factual basis for such assertion (e.g. trade secrets, proprietary information, or information that is otherwise recognized by law as privileged or confidential). The MCIA reserves the right to request further information regarding the nature of the claim of confidentiality and to make the determination whether it is subject to disclosure, and shall advise the bidder accordingly. The location in the bid of any such designation should be clearly stated in a cover letter uploaded with the bid submission. The Middlesex County Improvement Authority (MCIA) shall not honor any attempt by a bidder either to designate its entire bid as proprietary and/or to claim copyright protection for its entire bid.
The bidder shall commit in writing to assist the MCIA’s effort to protect the confidentiality of the documents and/or information and be responsible for any and all costs pertaining to any such OPRA request for disclosure or a challenge to the confidentiality of the documents/information. A claim for confidentiality should be separate from the bid but should accompany the bidder’s submission of the bid.
By signing the Price Certification Signature form, the bidder waives any claims of copyright protection set forth within the manufacturer's price list and/or catalogs. The price lists and/or catalogs shall be accessible to the MCIA and thus shall be made public to allow all eligible purchasing entities access to the pricing information.
All bids, except for information determined by the Middlesex County Improvement Authority (MCIA) or the Court to be proprietary, are available for public inspection after review by the Middlesex County Improvement Authority Counsel’s Office. At such time, interested parties can make an appointment with the Purchasing Office to inspect bids received in response to this solicitation.
All bids, except for information claimed by the bidder to be confidential or proprietary, or determined by the MCIA or the Court to be proprietary, will be publicly available after bids are opened or accessed N.J.S.A. 40A:5-1.
The Contractor shall, for the Fees, provide a site superintendent and such additional staff (including operators and front end loaders) of qualified and experienced employees and provide such additional third party support as may be needed to perform its duties and obligations hereunder. Said third parties shall be equally qualified for the particular Services to be performed and shall not have any direct claim against the Authority whatsoever. The Contractor at all times shall maintain the necessary number of employees, staff, and third-party contractors to operate and maintain the Designated Sites in accordance with the terms and provision of these Specifications, to adequately maintain the Designated Sites in good repair and to adequately operate the Designated Sites to provide good service to the participating Municipalities, and to protect the health, welfare, and safety of the citizens of the County and of the general public.
The Contractor shall provide: (a) qualified management, supervisory, technical, operating personnel, as needed; (b) a resident superintendent for day-to-day supervision; (c) specialists, as may be necessary; and (d) office and clerical support staff as necessary.
The Contractor shall provide a competent superintendent to supervise any and all Work. The superintendent shall be readily accessible by the main office, shall have authority to act on behalf of the Contractor, and shall not be replaced without written notice to the Authority. The Contractor shall also replace any superintendent not acceptable to the Authority upon request of the Authority. All communications given to the superintendent shall be binding, as if given to the Contractor.
The Contractor shall supply and utilize sufficient personnel and equipment at each Municipal Site and Regional Site to properly and accurately determine and record the quantity and type of materials delivered by the individual Municipalities and to perform the Work as detailed herein.
For those Designated Sites which service a single Municipality and which serve as transfer sites, the Contractor shall properly identify and record all materials loaded by its personnel.
All staff shall be properly trained in the performance of all the operating procedures and in emergency procedures and responses.
All records shall be kept in a neat and orderly manner to facilitate inspection by the Authority and representatives of applicable regulatory agencies, and said records shall be kept within the State of New Jersey.
A monthly summary of all data shall be submitted to the Authority within ten (10) working days of the end of each month.
EQUIPMENT
This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto. Neither party hereto shall have the right to assign this Agreement without the express written consent of the other party.
Subsequent to bid submission date and time, all information submitted by bidders in response to the bid solicitation is considered public information, except as shall be exempted from public disclosure by the Open Public Records Act, N.J.S.A. 47:1A-1 et seq., (“OPRA”), or other applicable law.
A bidder shall designate specific information as not subject to disclosure when the bidder has a good faith legal/factual basis for such assertion (e.g. trade secrets, proprietary information, or information that is otherwise recognized by law as privileged or confidential). The MCIA reserves the right to request further information regarding the nature of the claim of confidentiality and to make the determination whether it is subject to disclosure, and shall advise the bidder accordingly. The location in the bid of any such designation should be clearly stated in a cover letter uploaded with the bid submission. The Middlesex County Improvement Authority (MCIA) shall not honor any attempt by a bidder either to designate its entire bid as proprietary and/or to claim copyright protection for its entire bid.
The bidder shall commit in writing to assist the MCIA’s effort to protect the confidentiality of the documents and/or information and be responsible for any and all costs pertaining to any such OPRA request for disclosure or a challenge to the confidentiality of the documents/information. A claim for confidentiality should be separate from the bid but should accompany the bidder’s submission of the bid.
By signing the Price Certification Signature form, the bidder waives any claims of copyright protection set forth within the manufacturer's price list and/or catalogs. The price lists and/or catalogs shall be accessible to the MCIA and thus shall be made public to allow all eligible purchasing entities access to the pricing information.
All bids, except for information determined by the Middlesex County Improvement Authority (MCIA) or the Court to be proprietary, are available for public inspection after review by the Middlesex County Improvement Authority Counsel’s Office. At such time, interested parties can make an appointment with the Purchasing Office to inspect bids received in response to this solicitation.
All bids, except for information claimed by the bidder to be confidential or proprietary, or determined by the MCIA or the Court to be proprietary, will be publicly available after bids are opened or accessed N.J.S.A. 40A:5-1.
The Authority and/or the Contractor shall be excused from performing their respective obligations under this Agreement as a result of fire, catastrophe, casualty, civil commotion, acts of God or the public enemy, governmental prohibitions or regulations, or any other causes beyond the reasonable control of the party relying thereon as justification for not performing any obligation hereunder, but only to the extent such act, event or condition actually prevents such performance.
Permission for a bidder to withdraw a bid due to a mistake in certain circumstances, N.J.S.A. 40A:11-23.3 authorizes a bidder to request a withdrawal of a public works bid due to a mistake on the part of the bidder. A mistake is defined by N.J.S.A. 40A:11-2(42) as a clerical error that is an unintentional and substantial computational error or an unintentional omission of a substantial quantity of labor, material, or both, from the final bid computation.
A bidder claiming a mistake under N.J.S.A. 40A:11-23.3 must submit a request for withdrawal, in writing, by certified or registered mail to Kevin McQueeney, QPA, Purchasing Agent, 101 Interchange Plaza - Suite 202, Cranbury, NJ 08512. The bidder must request withdrawal of a bid due to a mistake, as defined by law, within five (5) business days after the receipt and opening of the bids. Since the bid withdrawal request shall be effective as of the postmark of the certified or registered mailing, the Purchasing Agent may contact all bidders, after bids are opened, to ascertain if any bidders wish to, or already have exercised a request to withdraw their bid pursuant to N.J.S.A. 40A:11-23.3.
A bidder’s request to withdraw the bid shall contain evidence, including any pertinent documents, demonstrating that a mistake was made. Such documents and relevant written information shall be reviewed and evaluated by the public owner’s designated staff pursuant to the statutory criteria of N.J.S.A. 40A:11-23.3.
The public owner will not consider any written request for a bid withdrawal for a mistake, as defined by N.J.S.A. 40A:11-2(42), by a bidder in the preparation of a bid proposal unless the postmark of the certified or registered mailing is within five (5) business days following the opening of bids. Any bidder who is granted a bid withdrawal shall be disqualified from submitting a bid in the future on the same project.
Permission for a bidder to withdraw a bid due to a mistake in certain circumstances, N.J.S.A. 40A:11-23.3 authorizes a bidder to request a withdrawal of a public works bid due to a mistake on the part of the bidder. A mistake is defined by N.J.S.A. 40A:11-2(42) as a clerical error that is an unintentional and substantial computational error or an unintentional omission of a substantial quantity of labor, material, or both, from the final bid computation.
A bidder claiming a mistake under N.J.S.A. 40A:11-23.3 must submit a request for withdrawal, in writing, by certified or registered mail to Kevin McQueeney, QPA, Purchasing Agent, 101 Interchange Plaza - Suite 202, Cranbury, NJ 08512. The bidder must request withdrawal of a bid due to a mistake, as defined by law, within five (5) business days after the receipt and opening of the bids. Since the bid withdrawal request shall be effective as of the postmark of the certified or registered mailing, the Purchasing Agent may contact all bidders, after bids are opened, to ascertain if any bidders wish to, or already have exercised a request to withdraw their bid pursuant to N.J.S.A. 40A:11-23.3.
A bidder’s request to withdraw the bid shall contain evidence, including any pertinent documents, demonstrating that a mistake was made. Such documents and relevant written information shall be reviewed and evaluated by the public owner’s designated staff pursuant to the statutory criteria of N.J.S.A. 40A:11-23.3.
The public owner will not consider any written request for a bid withdrawal for a mistake, as defined by N.J.S.A. 40A:11-2(42), by a bidder in the preparation of a bid proposal unless the postmark of the certified or registered mailing is within five (5) business days following the opening of bids. Any bidder who is granted a bid withdrawal shall be disqualified from submitting a bid in the future on the same project.
During the performance of this contract, the contractor agrees as follows:
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:
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Public Contracts Equal Employment Opportunities Compliance as may be requested by the office from time to time in order to carry out the purposes of these regulations and the MCIA 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 N.J.A.C. 17:27.
Transfer vehicles shall consist of 50 cubic yard to 100 cubic yard tractor trailers and 20 cubic yard to 40 cubic yard roll off containers for placement at designated Municipal Sites (top loading vehicles). All vehicles shall be capable of being completely covered. The successful Bidder, at the time of submission of its Bid, shall provide a certificate showing that it owns, leases, or controls all the necessary equipment required by these Specifications and, if the successful Bidder is not the actual owner or lessee of any such equipment, such certificate shall state the source from which the equipment shall be obtained, and such certificate shall be accompanied by a certificate from the owner or person in control of the equipment stating that such person owns, leases or controls such equipment and will make the same available to the Successful Bidder for use in providing the Yard Waste Recycling Services for the Term of the Agreement. In addition, the successful Bidder’s vehicles and containers shall conform with, and be subject to, the following:
The Contractor shall submit with its Bid, a statement of its qualifications, Business Registration Certificate (may be submitted with Bid but must be provided prior to contract award), experience and financial ability that addresses all of the above minimum qualification criteria as well as such additional information as it deems necessary.
The Authority, at its sole discretion, shall determine whether a Bidder is "responsible" in accordance with the above referenced criteria and the Bid and any Bidder that is deemed not to be "responsible" shall be rejected.
The Contractor shall execute and submit at the time and place specified in the award notice a vehicle dedication affidavit which, at a minimum, shall attest that the Contractor will dedicate a fixed number of transportation vehicles including tractors and 50 cy to 100 cy trailers, and equipment, including front end loaders (and any replacement loaders to be supplied within 24 hours) and 20 cy to 40 cy containers, reasonably calculated to meet the requirements of these Specifications.
The Contract price for the Fees shall be based on the Contractor supplying all required equipment. The Authority has no equipment available for use.
Captions and headings in this Agreement are intended for convenience of reference only and shall not be considered as having any bearing on this Agreement.
This Agreement and any questions concerning its validity, construction or performance shall be governed by the laws of the State of New Jersey. Contractor consents to jurisdiction in the State of New Jersey, Middlesex County vicinage.
N.J.S.A. 10:5-31 et seq. (P.L.1975, c.127) and N.J.A.C. 17:27 et seq.
GOODS, GENERAL SERVICES, AND PROFESSIONAL SERVICES CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, shall 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 shall ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause.
The contractor or subcontractor, where applicable shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants shall receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex.
The contractor or subcontractor shall send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union of the contractor's commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A.10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act.
The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with N.J.A.C. l7:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, and labor unions, that it does not discriminate on the basis of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that it shall discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.
The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions.
In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.
The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents: Letter of Federal Affirmative Action Plan Approval; Certificate of Employee Information Report; or Employee Information Report Form AA-302 (electronically provided by the Division and distributed to the public agency through the Division’s website at: www.state.nj.ustreasury/contract_compliance .
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase & Property, CCAU, EEO Monitoring Program as shall 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 shall be requested by the Division of Purchase & Property, CCAU, EEO Monitoring Program for conducting a compliance investigation pursuant to N.J.A.C. 17:27-1.1 et seq.
The Contractor shall be responsible for all fuel, oil, hydraulic fluids, antifreeze and any and all consumables required for the operation and maintenance of all equipment at the Designated Sites.
N.J.S.A. 10:5-31 et seq. (P.L.1975, c.127) and N.J.A.C. 17:27 et seq.
GOODS, GENERAL SERVICES, AND PROFESSIONAL SERVICES CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, shall 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 shall ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause.
The contractor or subcontractor, where applicable shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants shall receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex.
The contractor or subcontractor shall send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union of the contractor's commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A.10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act.
The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with N.J.A.C. l7:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, and labor unions, that it does not discriminate on the basis of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that it shall discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.
The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions.
In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.
The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents: Letter of Federal Affirmative Action Plan Approval; Certificate of Employee Information Report; or Employee Information Report Form AA-302 (electronically provided by the Division and distributed to the public agency through the Division’s website at: www.state.nj.ustreasury/contract_compliance .
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase & Property, CCAU, EEO Monitoring Program as shall 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 shall be requested by the Division of Purchase & Property, CCAU, EEO Monitoring Program for conducting a compliance investigation pursuant to N.J.A.C. 17:27-1.1 et seq.
Except as otherwise explicitly provided herein, no party to this Agreement shall have any responsibility whatsoever with respect to services that are to be provided or contractual obligations that are to be assumed by the other party and nothing in this Agreement shall be deemed to constitute either party a partner, agent or legal representative of the other party or to create any fiduciary relationship between the parties.
N.J.S.A. 10:5-31 et seq. (P.L.1975, c.127) and N.J.A.C. 17:27-1.1 et seq.
CONSTRUCTION CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause.
The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer, pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act.
When hiring or scheduling workers in each construction trade, the contractor or subcontractor agrees to make good faith efforts to employ minority and women workers in each construction trade consistent with the targeted employment goal prescribed by N.J.A.C. l7:27-7.2; provided, however, that the Dept. of LWD, Construction EEO Monitoring Program, may, in its discretion, exempt a contractor or subcontractor from compliance with the good faith procedures prescribed by the following provisions, A, B, and C, as long as the Dept. of LWD, Construction EEO Monitoring Program is satisfied that the contractor or subcontractor is employing workers provided by a union which provides evidence, in accordance with standards prescribed by the Dept. of LWD,
Construction EEO Monitoring Program, that its percentage of active “card carrying” members who are minority and women workers is equal to or greater than the targeted employment goal established in accordance with N.J.A.C. 17:27-7.2. The contractor or subcontractor agrees that a good faith effort shall include compliance with the following procedures:
N.J.S.A. 10:5-31 et seq. (P.L.1975, c.127) and N.J.A.C. 17:27-1.1 et seq.
CONSTRUCTION CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause.
The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer, pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act.
When hiring or scheduling workers in each construction trade, the contractor or subcontractor agrees to make good faith efforts to employ minority and women workers in each construction trade consistent with the targeted employment goal prescribed by N.J.A.C. l7:27-7.2; provided, however, that the Dept. of LWD, Construction EEO Monitoring Program, may, in its discretion, exempt a contractor or subcontractor from compliance with the good faith procedures prescribed by the following provisions, A, B, and C, as long as the Dept. of LWD, Construction EEO Monitoring Program is satisfied that the contractor or subcontractor is employing workers provided by a union which provides evidence, in accordance with standards prescribed by the Dept. of LWD,
Construction EEO Monitoring Program, that its percentage of active “card carrying” members who are minority and women workers is equal to or greater than the targeted employment goal established in accordance with N.J.A.C. 17:27-7.2. The contractor or subcontractor agrees that a good faith effort shall include compliance with the following procedures:
The Contractor shall be responsible for maintenance of all equipment, vehicles, and containers as recommended by the manufacturer and as required to keep same in proper and safe condition for the performance of the Services as contained herein.
UTILITIES
Pursuant to N.J.S.A. 10:2-1, if awarded a contract, the contractor agrees that:
No provision in this section shall be construed to prevent a board of education from designating that a contract, subcontract or other means of procurement of goods, services, equipment or construction shall be awarded to a small business enterprise, minority business enterprise or a women's business enterprise pursuant to P.L.1985, c.490 (C.18A:18A-51 et seq.).
The Contractor shall supply its own communications equipment, as necessary, such that its site personnel are in communication with the main office on a daily or as needed basis.
Pursuant to N.J.S.A. 10:2-1, if awarded a contract, the contractor agrees that:
No provision in this section shall be construed to prevent a board of education from designating that a contract, subcontract or other means of procurement of goods, services, equipment or construction shall be awarded to a small business enterprise, minority business enterprise or a women's business enterprise pursuant to P.L.1985, c.490 (C.18A:18A-51 et seq.).
In the event that any provision of this Agreement, for any reason, shall be determined to be invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith and agree to such amendments to this Agreement or to such other appropriate actions as, to the maximum extent practicable in light of such determination, shall implement and give effect to the intentions of the parties as reflected herein, and the other provisions of this Agreement, as so amended, shall remain in full force and effect.
Where applicable, the provisions set forth in this Rider apply to all purchases funded, in whole or in part, by Federal funds as required by 2 CFR 200.317.
I. PROCUREMENT OF RECOVERED MATERIALS
To the extent that the scope of work or bid specifications in the contract requires the contractor to provide any of the following items, this Rider shall modify and supersede the terms of the scope of work or specifications.
Pursuant to 2 CFR 200.322, the contractor must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, 42 U.S.C. § 6962. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds$ 10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $ 10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
II. EQUAL EMPLOYMENT OPPORTUNITY
Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."
During the performance of this contract, the contractor agrees as follows:
Ill. DAVIS-BACON ACT, 40 U.S.C. 3141-3148, AS AMENDED
When required by Federal program legislation, all prime construction contracts in excess of $ 2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.
IV. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT, 40 u.s.c. 3701-3708
Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
V. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT
If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.
VI. CLEAN AIR ACT, 42 U.S.C. 7401-7671Q. AND THE FEDERAL WATER POLLUTION CONTROL ACT, 33 U.S.C. 1251-1387. AS AMENDED
Contracts and subgrants of amounts in excess of$ 150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
VII. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689)
A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
VIII. BYRD ANTI-LOBBYING AMENDMENT, 31 U.S.C. 1352
Contractors that apply or bid for an award exceeding$ 100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
The Contractor shall be totally responsible for its own sanitary facilities.
Where applicable, the provisions set forth in this Rider apply to all purchases funded, in whole or in part, by Federal funds as required by 2 CFR 200.317.
I. PROCUREMENT OF RECOVERED MATERIALS
To the extent that the scope of work or bid specifications in the contract requires the contractor to provide any of the following items, this Rider shall modify and supersede the terms of the scope of work or specifications.
Pursuant to 2 CFR 200.322, the contractor must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, 42 U.S.C. § 6962. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds$ 10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $ 10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
II. EQUAL EMPLOYMENT OPPORTUNITY
Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."
During the performance of this contract, the contractor agrees as follows:
Ill. DAVIS-BACON ACT, 40 U.S.C. 3141-3148, AS AMENDED
When required by Federal program legislation, all prime construction contracts in excess of $ 2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.
IV. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT, 40 u.s.c. 3701-3708
Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
V. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT
If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.
VI. CLEAN AIR ACT, 42 U.S.C. 7401-7671Q. AND THE FEDERAL WATER POLLUTION CONTROL ACT, 33 U.S.C. 1251-1387. AS AMENDED
Contracts and subgrants of amounts in excess of$ 150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
VII. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689)
A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
VIII. BYRD ANTI-LOBBYING AMENDMENT, 31 U.S.C. 1352
Contractors that apply or bid for an award exceeding$ 100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
If water is not available at the site, the Contractor shall supply its own by utilizing water tank vehicles. Under no circumstances shall the Contractor use hydrant or surface water sources in the respective Municipalities to supply water to the site.
APPENDIX II TO PART 200 8/25/21
IX. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41.U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
X. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.
XI. § 200.321 Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms.
XII. § 200.322 Domestic preferences for procurements.
XIII. §200.216 Prohibition on certain telecommunications and video surveillance services or equipment.
XIV. Copeland Anti-Kickback Provision 40 U.S.C. 3145
The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.
This Rider consists of (3) Pages and (14) Articles and is hereby incorporated into any issued Purchase Order or Contract as applicable by title of this document.
During the performance of this contract, the contractor agrees as follows:
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:
The contractor and subcontractors shall furnish such reports or other documents to the Division of Public Contracts Equal Employment Opportunities Compliance as may be requested by the office from time to time in order to carry out the purposes of these regulations and the MCIA 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.
APPENDIX II TO PART 200 8/25/21
IX. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41.U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
X. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.
XI. § 200.321 Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms.
XII. § 200.322 Domestic preferences for procurements.
XIII. §200.216 Prohibition on certain telecommunications and video surveillance services or equipment.
XIV. Copeland Anti-Kickback Provision 40 U.S.C. 3145
The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.
This Rider consists of (3) Pages and (14) Articles and is hereby incorporated into any issued Purchase Order or Contract as applicable by title of this document.
Contractor agrees to keep all records pertaining to the Services provided under this Agreement for a period of five (5) years following final payment under the Agreement. Such records shall be available to the Office of State Comptroller upon request.
Equal Opportunity for Individuals with Disability
The contractor and the owner do hereby agree that the provisions of Title 11 of the Americans with Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 et seq.), which prohibits discrimination on the basis of disability by public entities in all services, programs, and activities provided or made available by public entities, and the rules and regulations promulgated pursuant there unto, are made a part of this contract. In providing any aid, benefit, or service on behalf of the owner pursuant to this contract, the contractor agrees that the performance shall be in strict compliance with the Act. In the event that the contractor, its agents, servants, employees, or subcontractors violate or are alleged to have violated the Act during the performance of this contract, the contractor shall defend the owner in any action or administrative proceeding commenced pursuant to this Act. The contractor shall indemnify, protect, and save harmless the owner, its agents, servants, and employees from and against any and all suits, claims, losses, demands, or damages, of whatever kind or nature arising out of or claimed to arise out of the alleged violation. The contractor shall, at its own expense, appear, defend, and pay any and all charges for legal services and any and all costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith. In any and all complaints brought pursuant to the owner’s grievance procedure, the contractor agrees to abide by any decision of the owner which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the owner, or if the owner incurs any expense to cure a violation of the ADA which has been brought pursuant to its grievance procedure, the contractor shall satisfy and discharge the same at its own expense.
The owner shall, as soon as practicable after a claim has been made against it, give written notice thereof to the contractor along with full and complete particulars of the claim, if any action or administrative proceeding is brought against the owner or any of its agents, servants, and employees, the owner shall expeditiously forward or have forwarded to the contractor every demand, complaint, notice, summons, pleading, or other process received by the owner or its representatives.
It is expressly agreed and understood that any approval by the owner of the services provided by the contractor pursuant to this contract shall not relieve the contractor of the obligation to comply with the Act and to defend, indemnify, protect, and save harmless the owner pursuant to this paragraph.
It is further agreed and understood that the owner assumes no obligation to indemnify or save harmless the contractor, its agents, servants, employees, and subcontractors for any claim which shall arise out of their performance of this Agreement. Furthermore, the contractor expressly understands and agrees that the provisions of this indemnification clause shall in no way limit the contractor’s obligations assumed in this Agreement, nor shall they be construed to relieve the contractor from any liability, nor preclude the owner from taking any other actions available to it under any other provisions of the Agreement or otherwise at law.
THE ADA COMPLIANCE FORM CAN BE FOUND IN VENDOR QUESTIONNAIRE.
Equal Opportunity for Individuals with Disability
The contractor and the owner do hereby agree that the provisions of Title 11 of the Americans with Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 et seq.), which prohibits discrimination on the basis of disability by public entities in all services, programs, and activities provided or made available by public entities, and the rules and regulations promulgated pursuant there unto, are made a part of this contract. In providing any aid, benefit, or service on behalf of the owner pursuant to this contract, the contractor agrees that the performance shall be in strict compliance with the Act. In the event that the contractor, its agents, servants, employees, or subcontractors violate or are alleged to have violated the Act during the performance of this contract, the contractor shall defend the owner in any action or administrative proceeding commenced pursuant to this Act. The contractor shall indemnify, protect, and save harmless the owner, its agents, servants, and employees from and against any and all suits, claims, losses, demands, or damages, of whatever kind or nature arising out of or claimed to arise out of the alleged violation. The contractor shall, at its own expense, appear, defend, and pay any and all charges for legal services and any and all costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith. In any and all complaints brought pursuant to the owner’s grievance procedure, the contractor agrees to abide by any decision of the owner which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the owner, or if the owner incurs any expense to cure a violation of the ADA which has been brought pursuant to its grievance procedure, the contractor shall satisfy and discharge the same at its own expense.
The owner shall, as soon as practicable after a claim has been made against it, give written notice thereof to the contractor along with full and complete particulars of the claim, if any action or administrative proceeding is brought against the owner or any of its agents, servants, and employees, the owner shall expeditiously forward or have forwarded to the contractor every demand, complaint, notice, summons, pleading, or other process received by the owner or its representatives.
It is expressly agreed and understood that any approval by the owner of the services provided by the contractor pursuant to this contract shall not relieve the contractor of the obligation to comply with the Act and to defend, indemnify, protect, and save harmless the owner pursuant to this paragraph.
It is further agreed and understood that the owner assumes no obligation to indemnify or save harmless the contractor, its agents, servants, employees, and subcontractors for any claim which shall arise out of their performance of this Agreement. Furthermore, the contractor expressly understands and agrees that the provisions of this indemnification clause shall in no way limit the contractor’s obligations assumed in this Agreement, nor shall they be construed to relieve the contractor from any liability, nor preclude the owner from taking any other actions available to it under any other provisions of the Agreement or otherwise at law.
THE ADA COMPLIANCE FORM CAN BE FOUND IN VENDOR QUESTIONNAIRE.
The Contractor shall provide such office space as is required for the comfort and protection of its personnel during inclement weather.
SAFETY AND SECURITY
This form shall be completed by all business entities to authorize signatories on the bid sheet and any other submitted documentation.
THE CORPORATE RESOLUTION FORM CAN BE FOUND IN VENDOR QUESTIONNAIRE.
This form shall be completed by all business entities to authorize signatories on the bid sheet and any other submitted documentation.
THE CORPORATE RESOLUTION FORM CAN BE FOUND IN VENDOR QUESTIONNAIRE.
This Agreement may be executed in any number of counterparts with the same effect as if the signature and seals thereto and hereto were upon the same instrument.
IN WITNESS WHEREOF, the parties each represent to the other that the individuals executing this Agreement are duly authorized and empowered to sign on their behalf.
Attest: MIDDLESEX COUNTY IMPROVEMENT AUTHORITY
_____________________________ By:__________________________
Christine D'Agostino, Secretary James P. Nolan, Chairman
ATTEST : CONTRACTOR
___________________________________ By ________________________________
Name/Title__________________________
The Contractor shall be solely responsible for the proper security from vandalism, theft, etc. of its equipment used in its operation. The Contractor, if it so chooses, may construct fencing or other means of protection for said facilities, materials, and equipment, subject to the approval of the Authority and the Municipality and if allowed by the applicable permit, subject to obtaining any required approvals or permits. The site owners and/or the holder of the permit shall not be accountable for any loss or damage to said items.
Contractor agrees to perform all Work outlined in these specifications in such a manner as to meet all accepted standards for safe practices during the maintenance and operation of the Designated Sites and to safely maintain and/or operate equipment, machines, and materials or other hazards consequential to or related to the Work; and agrees additionally to accept the sole responsibility for complying with all local, County, State or other legal requirements including but not limited to, full compliance with the terms of the applicable OSHA regulations at all times so as to protect all persons, including Contractor’s, Municipality’s and Authority’s employees, vendors, members of the public or others from foreseeable injury, or damage to their property.
It shall be the Contractor’s responsibility to inspect, and identify, any condition(s) that render any portion of the areas under maintenance unsafe as well as unsafe practices occurring thereon. The Authority shall be notified immediately of any unsafe condition that requires major correction. Contractor shall be responsible for making corrections including but not limited to filling holes in access roads.
The Contractor shall develop a standard procedures list for dealing with hazardous material spills. The procedures shall comply with all Federal, State and local laws and regulations and shall include, but not be limited to, notification of NJDEP hotline (609-292-7172), police, fire, emergency services, hospital(s), and the Middlesex County Hazmat Unit.
All safety equipment or procedures required by Federal, State or local laws shall be supplied by the Contractor and all policies, procedures and utilization of said equipment shall be the sole responsibility of the Contractor.
The Contractor shall prepare written accident reports containing the date, time, type of accident, weather conditions, etc., along with the names of witnesses and any other pertinent information. These reports shall be maintained along with other facility records.
Please submit manufacturer and model number information for all items in the VENDOR QUESTIONNAIRE.
Please submit manufacturer and model number information for all items in the VENDOR QUESTIONNAIRE.
The Contractor shall not enter upon or make use of private property without the written consent of the owner, nor shall any Municipal or County lands, other than the Designated Sites as provided by the Authority, be used by it except by special permission. The use of adjacent streets for storing of materials will not be permitted. The Contractor shall, without cost to the Authority, shore up and protect, as may be necessary, all walls, fences or other property within the Designated Sites that may be damaged during the progress of the Work.
The Contractor shall promptly restore or repair, at its own expense and to the reasonable satisfaction of the owner, property damaged or destroyed by the Contractor’s operation.
The Contractor will be responsible for all damages to public or private property due to its or its employees’ acts or neglect.
The Contractor shall furnish all labor, equipment, materials, services and special skills required to perform the maintenance of the Designated Sites as set forth herein, observing acceptable standards as established by the New Jersey Department of Environmental Protection (NJDEP) and in keeping with the highest standards of quality and performance.
Site limits shall be in conformance with the applicable permit for each Designated Site.
Site preparation shall be in accordance with the applicable permit for each Designated Site. Any preparation not regulated by permit must be approved by the Authority prior to implementation.
The Contractor shall grade the Regional Site in a manner that prevents the accumulation of surface water on site without resulting in a discharge of leachate off-site or an adverse impact to natural drainage conditions of surrounding properties. During inclement weather all areas which exhibit ponding shall be regraded as needed to ensure that they remain useable.
Because of its high volume of use, the Regional Site will be regraded up to four (4) times each year, as determined and requested by the Authority, with the use of a suitably sized bulldozer. Contractor will provide bulldozer and an experienced operator to grade and compact the area to the satisfaction of the Authority. Contractor shall not be entitled to additional compensation for this work.
The Contractor shall not disturb the natural environmental settings around the Designated Sites by doing unnecessary land clearing and grading without the permission of the Authority.
All waterways and drainage facilities shall be kept free of debris and vegetative overgrowth at all times to ensure proper drainage. During inclement weather, regular inspections shall be performed of all waterways and drainage facilities with required erosion repairs made immediately.
The Contractor shall be responsible for maintaining all access roads used for operation of the Designated Sites. Same shall be maintained on a regular basis to assure a smooth and useable surface and, as required, the access roads shall receive such additional maintenance as necessary, or when requested by the Authority or respective Municipality, to prevent the tracking of soil onto public roads and/or to prevent the generation of dust or erosion.
MATERIALS
The source of Acceptable Yard Waste delivered to the Designated Sites shall be from designated Middlesex County Municipalities only. Said materials shall be collected and delivered directly or indirectly by the designated Municipalities and/or their residents.
Where Municipal and Regional Sites are manned by the Contractor, it shall conduct an initial screening (visual check) of the material upon its delivery. Any vehicles delivering more than 5% unacceptable waste shall be denied access. The origin and type of the Acceptable Yard Waste Material and a tally of daily deliveries shall be recorded. A copy of all records regarding the quantity and type of Acceptable Yard Waste delivered by each Municipality and removed by the Contractor shall be submitted to the Authority on a monthly basis.
If, when a Municipal load is dumped, the Contractor determines that more than 5% of the load is unacceptable, the Contractor shall reload the unacceptable material into the delivering vehicle or other Municipal vehicle. The Municipal driver must then take the unacceptable materials offsite for proper disposal.
If a vehicle issued a ticket is reloaded for any reason, all copies of the ticket shall be marked “REJECTED” by the Contractor.
All Acceptable Yard Waste Materials collected from within Middlesex County shall be recycled. This means that none of said materials, either before or after processing will be disposed of by landfilling. Failure to meet and maintain this performance standard shall be grounds for the Authority to terminate the Contract.
All Acceptable Yard Waste Materials delivered by a participating Municipality to a Designated Site and upon either acceptance at said site by the Contractor or upon being loaded, either by the Contractor or by the Municipality into the Contractor’s containers or vehicles, shall become the property of the Contractor and shall be processed and marketed by it in accordance with these specifications.
Resultant leaf compost and other end product materials shall become the property of the Contractor and shall be marketed by it.
At the request of the Authority the Contractor shall identify the specific markets for the various end products.
To ensure proper accounting for and reporting of Authority Yard Waste Materials, the Contractor shall be required to operate a system, satisfactory to the Authority, which provides for accurate weight/measurement of recyclable Acceptable Yard Waste Materials as delivered by the Municipalities of Middlesex County prior to processing and/or mixing with materials from other counties, municipalities, or other sources. Weights/measurements for the Authority shall not be derived solely from calculations or operations during or after processing.
Accurate weights/measures of all materials processed, marketed, and disposed, shall be made and maintained in a manner satisfactory to the Authority. The form/format proposed to be used by the Contractor shall be submitted to the Authority for approval, prior to the implementation of the Work and, as a minimum, shall comply with all reporting requirements as contained in N. J. A. C. 7:26A-1 et. seq.
The Contractor shall be responsible for weighing recyclables from each collection vehicle or container, in all cases, using calibrated scales subject to verification by the Department of Weights and Measures. The resultant calculations and reports shall be electronically generated.
The Authority shall have the right to have an Authority designated representative present at any and all times of transporting, weighing, and processing. The Authority will further utilize calibrated scales within Middlesex County to independently verify the accuracy of the Contractor’s scales by random selection and weighing of the collection vehicles/containers.
The weigh slips for the Authority shall be of one designated color, different from weigh slips being used by the Contractor for recycling programs in other counties or municipalities.
Any violation by the Contractor will make it subject to financial penalties. The Contractor will have ten (10) days to correct the violation or be subject to Contract termination.
The Contractor shall comply with all reporting requirements related to its operations and the operation and maintenance of the Facilities, as mandated by Federal, State and local laws, regulations and permits including, at a minimum, those requirements as contained in N.J.A.C. 7:26A-1 et. seq.
The Contractor shall provide comprehensive monthly, year-to-date and annual reports in a format satisfactory to the Authority and regulatory agencies for each function or activity of the Designated Sites including, but not limited to:
The Contractor shall provide the Authority approved tickets, executed by the Municipal delivery vehicle driver or, in the case of individual transfer sites, by a Municipal or Authority representative, to substantiate volumes and tonnages of Leaves, Brush and Grass received from any Municipality and processed at or removed from any Designated Site within said County or delivered directly to the Contractor’s Site.
The Contractor shall provide a minimum three (3) part pre-numbered ticket of one designated color for recording the municipality, vehicle identification capacity and type contents, origin, etc. Tickets shall also specify the amount of material, in cubic yards and in tons, per vehicle, and whether the materials were collected compacted, uncompacted, vacuumed or chipped. When applicable, tickets shall indicate partial loads, so that the Authority and Municipality are not charged for a full container load. The tickets shall be distributed as follows: one part to the Authority, one part to the Contractor, and one part to the Municipality. The Contractor shall submit a sample ticket to the Authority for review and approval.
Certified scale weights shall be used for all materials removed from the Designated Sites by the Contractor for processing at its sites. Where scales are not available, volume measurement will be converted to tons utilizing NJDEP Conversion Factors in accordance with attached Appendix .
A summary of the quantity in cubic yards and/or tons and type of Acceptable Yard Waste Material delivered by Municipality of origin shall be submitted to the Authority, and to the participating Municipalities recycling coordinator, on a monthly and yearly basis. At a minimum, said reporting shall comply with the requirements of N.J.A.C. 7:26A-1 et. seq. In addition, copies of all delivery/loading tickets, as detailed herein, shall be furnished. The form for monthly reports shall be approved by the Authority prior to the commencement of the Contract.
The Contractor shall maintain and keep a report form that records all on going, seasonal and additional work, and maintenance functions performed on a daily basis by the personnel. Said report shall be in a form acceptable to the Authority and shall be submitted on a monthly basis.
The Contractor shall have designated and responsible management personnel to take the necessary action regarding all inquiries and complaints that may be received from or through the Authority and/or private citizens during normal work hours. All complaints will be summarized, by date, in a report submitted not less than monthly to the Authority with resolution of each complaint noted. This report will also include the complainant’s name, address and phone number.
All complaints shall be abated as soon as possible after notification to the satisfaction of the Authority. If any complaint is not abated within a reasonable time, the Authority shall be notified immediately of the reason for not abating the complaint followed by a written report to the Authority within five (5) calendar days.
The Authority reserves the right to designate its own employee representative(s) or its contracted representatives who shall have the right to audit the Contractor’s accounting procedures and internal controls of the Contractor’s financial systems and to examine any cost, revenue, payment, claim, other records or supporting documentation resulting from any items set forth in this Contract. Any such audit(s) shall be undertaken by Authority or its representative(s) at reasonable times and in conformance with generally accepted auditing standards. Contractor shall fully cooperate with any such audits(s).
This right to audit shall extend during the length of this Agreement and for a period of seven (7) years, or longer if required by law, following the date of final payment under the Contract. Contractor agrees to retain all necessary records/documentation for the entire length of this audit period.
The Contractor and any subcontractor thereof engaged under a contract pursuant to this specification is subject to and shall comply with the applicable provisions of N.J.S.A. 34:11-68 with respect to record keeping of all individuals engaged in the collection or transportation of solid waste or recyclable material, excluding recycled or reclaimed asphalt or concrete, collected under this contract as follows:
1.) The Contractor shall keep an accurate record showing the name, hourly rate of wages paid to, and the actual daily, overtime and weekly hours worked by, each individual engaged in the collection and transportation work done under the contract, and any other records deemed necessary by the commissioner for the enforcement of wage payments. In addition the records shall be preserved for two years from the date of payment. The record shall be open at all reasonable hours to the inspection of the Authority, any other party to the contract and the commissioner.
2.) The Contractor or subcontractor shall submit a certified payroll record showing only the name, the actual hourly rate of wages paid to, and the actual daily, overtime weekly +hours worked by each individual engaged in the collection and transportation work done under the contract, in a form satisfactory to the commissioner, to the Authority for each payroll period not more than 10 days after the payment of wages. Reporting under this section may be fulfilled by using the N.J. Department of Labor and Workforce Development’s “Payroll Certification for Public Works Project” and completing columns 1-5 for each covered employee. The certification shall be submitted if and when requested by the Authority with the bill.
By entering into a contract, the Contractor acknowledges the provisions of N.J.S.A. 34:11-68 with regard to the authority of the Commissioner of the Department of Labor and Workforce Development to investigate the Contractor or subcontractor’s wages and any penalties that may result from failure to comply.
The Contractor shall be responsible for the operation and maintenance of the Designated Sites as administered by the Authority, in accordance with all Federal, State and local and other applicable regulatory agency’s requirements, laws and regulations and the individual NJDEP permits or permit exemptions for said sites. The Designated Sites shall be kept in good repair and shall be managed, operated and maintained, and the recycling and marketing of Acceptable Yard Waste Materials Services shall be rendered in a professional, efficient and economical manner.
The Contractor shall: (a) provide ordinary day-to-day supervision and operation of Designated Sites in accordance with industry standards; and (b) provide sound financial management within the guidelines and scope established herein and subject to specific approvals of the Authority set forth herein.
The Contractor shall be responsible for maintaining, in accordance with these Contract Specifications, all Designated Sites regardless of whether the facility is being operated as a yard waste processing facility or as a yard waste transfer site.
The work to be performed under this item of the Contract consists of the following:
The loading and transportation of Leaves from the following Designated Sites: the MCIA Yard Waste Transfer Site adjacent to the Middlesex County Landfill in East Brunswick, and any municipal sites as requested, to a licensed and permitted leaf composting facility as provided by the Contractor; and the processing and marketing of the resultant Compost, or the arrangement therefore, including the payment of appropriate tipping/processing fees associated therewith, if applicable.
Participating Municipalities shall collect and deliver source separated Leaves to the Designated Sites, will cooperate with the Contractor in the placement of same into staging areas, and will coordinate the removal of accumulated Leaves with the Contractor on an “as needed” basis; however, Leaves shall be removed from the Regional Site continuously on a daily basis with all Leaves being removed by January 31st and from any requested municipal sites within thirty (30) days maximum after delivery to the site.
The Contractor will be required to provide an operator and front-end loader of sufficient size and capacity to adequately load outgoing tractor trailers transporting accumulated Leaves, Brush and Grass from the Regional Site and from Designated Municipal Sites and other areas designated by the Authority.
An equipment operator and front end loader shall be provided at the Regional Site on a full time basis. At no time during the course of the year shall incoming Leaves be allowed to accumulate on site more than thirty (30) days. The Contractor shall, at all times, maintain the site in a neat and orderly fashion to the satisfaction of the Authority.
Leaves, upon being delivered to the Designated Sites or upon being loaded into the Contractor’s vehicles by the Contractor, shall become the property of the Contractor.
The Contractor shall supply sufficient personnel, vehicles and equipment to perform all aspects of the Work as stipulated under this Contract, including odor control.
All containers, trucks, and vehicles supplied by the Contractor for the transportation of Leaves shall be properly licensed, registered and insured; in good operating condition; and in a safe condition to permit their use upon public streets and roads.
The Contractor shall provide evidence of ownership of, or contractual arrangements with a minimum of two (2) licensed and permitted leaf composting facilities with sufficient capacity to receive and process the quantities of Leaves as anticipated to be generated under this Contract.
The Authority reserves the right to reduce the number of Municipalities participating, to reduce the quantities, or to eliminate the Leaf Program altogether. The Contractor shall make no claim for compensation, of any nature whatsoever, including loss of anticipated profits, if the Authority elects to decrease or eliminate the Leaf Program.
The Work to be performed under this item of the Contract consists of the following:
The loading, removal and transportation of Brush from Designated Sites and the Regional Site to licensed and permitted Brush processing facilities provided by the Contractor; and the processing and marketing of the Brush and resultant end product, or the arrangement therefore, including the payment of appropriate tipping/processing fees associated therewith.
The Contractor will load Brush into its vehicles and remove and transport same to its sites for processing and marketing.
The Designated Sites that the Contractor will be required to Service for receipt, loading and removal of Brush. are upon request of the municipality and the Regional site.
Brush shall be delivered to the identified sites by Municipal vehicles either as is or chipped. The Brush shall be segregated from other Yard Waste and stockpiled for removal by the Contractor.
The Contractor shall be responsible for substantiating the volume and/or weight of material removed from the sites, as specified herein.
Whole brush and wood chips shall be invoiced at the same rate.
Brush, upon being loaded by the Contractor into the Contractor’s vehicles, shall become the property of the Contractor. The Contractor shall remove Brush from Municipal Sites on an “as needed” basis as requested by the Authority. Contractor shall remove said Brush in a timely and expeditious manner after receiving initial notification from the Authority’s Recycling Office. Brush removal from the Regional Site shall be ongoing.
The Contractor shall supply a sufficient number of tractor trailer type vehicles to adequately transport the anticipated volumes of Brush from the participating Municipalities as expected to be generated during the Term of the Contract.
The Contractor shall also supply sufficient personnel and equipment, including operators, front end loaders, tub grinders and screens, to perform all aspects of the Work as stipulated under this Contract.
If acceptable to the Authority and/or the Municipality, the Contractor shall have the option of loading and transporting Brush as is or supplying the equipment to chip the Brush on site and remove the resultant material to its site for further processing and marketing.
All containers, trucks, and vehicles supplied by the Contractor for the transportation of Brush shall be properly licensed, registered and insured; in good operating condition; and in a safe condition to permit their use upon public streets and roads.
The Contractor shall provide evidence of ownership of, or contractual arrangements with a minimum of two (2) licensed and permitted Brush processing facilities with sufficient capacity to receive and process the quantities of Brush as anticipated to be generated under this Contract.
All other provisions of the specifications shall be complied with by the Contractor.
The Authority reserves the right to reduce the number of Municipalities participating, to reduce the quantities, or to eliminate the Brush Program altogether. The Contractor shall make no claim for compensation, of any nature whatsoever, including loss of anticipated profits, if the Authority elects to decrease or eliminate the Brush Program.
The Work to be performed under this item of the Contract consists of the following:
The provision of tractor trailers and/or removal of containers of Grass from Municipal or Regional Sites as provided by participating Middlesex County Municipalities; the transportation of said containers to a licensed and permitted Grass composting facility provided by the Contractor; and the processing and marketing of the Grass and resultant Compost, or the arrangement therefore, including the payment of appropriate tipping/processing fees associated therewith.
The Contractor shall remove grass from municipal sites on an as needed basis as requested by the Authority. The Authority will provide sites suitable for the receipt, storage, and removal of roll-off containers for Grass. The Municipalities and/or their residents will load Grass into the containers and will coordinate the removal of full containers by the Contractor.
Grass Clipping Receiving Locations to be Serviced
(a) MCIA Yard Waste Site in East Brunswick at the Middlesex County Landfill.
Grass is unloaded onto the ground by delivering Municipalities and
stockpiled in a manageable fashion by the Contractor. Contractor shall supply a
front end loader and operator and shall be responsible for loading contractor
supplied tractor trailers for removal of Grass from the site. Grass
is to be removed from the site on a daily basis.
(b) Municipal Sites as Needed.
Contractor supplied 20, 30 or 40 cubic yard containers to be loaded by Municipality
or residents and removed by Contractor.
Grass, upon being loaded into the containers, shall become the property of the Contractor. The Contractor shall remove the containers on an “as needed” basis but in no case will the time between receipt of the Grass and removal of the container exceed twenty-four (24) hours. Further, all Grass shall be removed from all transfer locations prior to the start of the weekend.
The Contractor shall supply a sufficient number of containers to adequately receive and transport the anticipated volumes of Grass from the participating Municipalities as expected to be generated during the growing season.
The Contractor shall also supply sufficient personnel and equipment to perform all aspects of the Work as stipulated under this Contract, including odor control.
All containers, trucks, and collection vehicles supplied by the Contractor for the transportation of Grass shall be properly licensed, registered and insured; in good operating condition; and in safe condition to permit their use upon public streets and roads.
The Contractor shall provide evidence of ownership of, or contractual arrangements with a minimum of one (1) licensed and permitted Grass composting facility with sufficient capacity to receive and process the quantities of Grass as anticipated to be generated under this Contract.
The Authority reserves the right to reduce the number of Municipalities participating, to reduce the quantities, or to eliminate the Grass Program altogether. The Contractor shall make no claim for compensation, of any nature whatsoever, including loss of anticipated profits, if the Authority elects to decrease or eliminate the Grass Program.
All other provisions of the specifications shall be complied with by the Contractor.
Participation in the Authority’s Yard Waste Recycling Program by any Municipality in the County is voluntary and, as such, Municipalities could join or leave the Program over the Term of the Contract.
The Authority shall notify the Contractor within five (5) business days of the Authority’s notification of a Municipalities intention to participate or leave the Program.
The Contractor shall not charge or hold liable the Authority for any Municipality opting to participate in and/or leave the Program. The Unit Fee as supplied by the Contractor for services as specified herein shall be used for any and all Municipal Sites and the Regional Site within the County opting to participate in the Program.
The Contractor shall provide, either through ownership or contractual relationship, two or more sites for the composting and/or processing of Leaves and Brush and one or more sites for the composting and/or processing of Grass. If one of the sites for composting and/or processing of Leaves and Brush can compost and/or process Grass, a separate site to compost and/or process Grass shall not be required as long as all Acceptable Yard Materials generated under the Contract may be composted and/or processed. The site for composting and processing of Grass may be one of the Leaf or Brush sites. The Contractor’s sites will provide sufficient capacity to compost and/or process the Leaves, Brush and Grass of the participating Municipalities. Such Contractor sites shall have all required federal, state and local regulatory approvals and permits necessary to perform the Recycling Services on such site. Contractor must have NJDEP multi-class (B & C) Recycling Facilities in Middlesex County to handle all Grass in accordance with this contract.
The Contractor’s Site shall be available to Municipalities that may desire to deliver Leaves, Brush or Grass directly to the Contractor’s Site for processing, composting and marketing.
The Contractor shall be responsible for obtaining and maintaining all permits, licenses and approvals as required by federal, state and local laws and all regulatory agencies having jurisdiction over the construction, operation and maintenance of such facilities. Contractor must own/operate NJDEP Class B Recycling Facility in Middlesex County.
In the event that the Contractor does not obtain or maintain the necessary regulatory permits, and/or licenses and/or approvals to fully perform the Leaf, Brush and/or Grass composting, processing and marketing Services at the Contractor sites or does not have sufficient capacity for all of the Acceptable Yard Waste Materials as generated under this Contract, the Contractor will be required to provide for the disposition of such Leaves, Brush and/or Grass, as appropriate, at no additional cost to the Authority.
The Contractor shall be responsible for negotiating and procuring contracts for the disposition of the resultant Compost and/or other end products produced from the composting and processing of Acceptable Yard Materials.
The Authority will pay a fee for Services rendered by the Contractor on a monthly basis. Payments will always be made two months in arrears provided appropriate documentation is supplied to assure that all Yard Waste tickets have been received and to guarantee accuracy in reporting totals and invoicing for a given month. By way of example, complete invoices for Yard Waste Services provided in January will be presented for payment at the MCIA Board of Commissioners’ Meeting in March. In addition to the foregoing, the January payment will not be made or processed if the Regional Site is not cleared of all stockpiled leaves by the end of January of each year.
In order to be considered for a monthly payment, the Contractor shall provide an original invoice that includes a listing of all Yard Waste Services provided during the month together with a back-up Yard Waste ticket for each load of Leaves, Brush or Grass pulled from a given site for which payment is being requested. In addition, the recaps by town shall be included with the MCIA invoice to the municipalities. They will recap by town the total monthly tonnage for grass, brush, and leaves and will include in their invoice the individual drop-off yard ticket numbers and dates as reference. The municipality invoices from the Contractor will also include the Vendor Certification and Declaration Statement. The Authority reserves the right to withhold payment until all required information is provided. All required payment information shall be received at the Authority’s Recycling division Office at 101 Interchange Plaza, Suite 202, Cranbury, New Jersey (physical location – South Brunswick, NJ) within ten (10) days after the end of the month.
The Bidder shall satisfactorily render the Services required for this Contract in accordance with the Specifications for the following prices; which prices shall include all labor, including operators; equipment, including front end loaders, vehicles, tractors, 50 cy to 100 cy trailers and 20 cy to 40 cy roll off containers; materials; fuel; licenses; permits; registrations; fees including residue disposal fees, transportation, processing, marketing, containers, penalty assessments, and all else necessary therefore or incidental thereto.
Line-Item # 1 - Unit Leaf Fee
The Contractor shall collect, load and transport Leaves from the Regional Site and Municipal Sites to Contractor’s sites for processing, composting and marketing. The Leaf Fee shall be derived by multiplying the actual aggregate number of tons of leaves processed during the preceding month, times the corresponding unit price as contained in the Contractor’s Bid. The quantity of tons shall be by certified scale weight only at the Regional Site. The Quantity of tons at the remaining Municipal Sites will be calculated utilizing the current NJDEP conversion factors identified in Appendix G.
Line-Item # 2 - Unit Brush Fee
The Contractor shall transfer Brush (chipped and unchipped) at Designated Sites and/or load and transport from the Regional Site and Municipal Sites to Contractor’s sites for processing, composting and marketing. The Brush Fee shall be derived by multiplying the actual aggregate number of tons of Brush processed during the preceding month, times the corresponding unit price as contained in the Contractor’s Bid. The quantity of tons shall be by certified scale weight only at the Regional Site. The quantity of tons at the Municipal Sites will be calculated utilizing the current NJDEP conversion factors identified in Appendix G.
Line-Item # 3 - Unit Grass Fee at Regional Site
The Contractor shall collect, load and transport Grass from the Regional Site to Contractor’s site for processing, composting and marketing. The Grass Fee shall be derived by multiplying the actual aggregate number of tons of Grass processed during the preceding month, times the corresponding unit price as contained in the Contractor’s Bid. The quantity of tons shall be by certified scale weight at the Regional Site.
Line-Item # 4 - Unit Grass Fee at Municipal Sites
The Contractor shall collect and transport Grass from individual Municipal Sites in Contractor provided 20 or 30 cubic yard roll off containers to the Contractor’s Site for processing, composting and marketing. The Grass Fee shall be derived by multiplying the actual aggregate number of tons of Grass collected and transported during the preceding month, times the corresponding unit price as contained in the Contractor’s Bid. The quantity of tons shall be calculated utilizing the current NJDEP conversion factors identified in Appendix G.
Bid Sheet Example:
| Line-Item | Description | Quantity | Unit of Measure | Unit Cost | Total | Write Unit Price |
| 1 | UNIT LEAF FEE | 12000 | Tons | |||
| 2 | UNIT BRUSH FEE (chipped or unchipped) | 7500 | Tons | |||
| 3 | UNIT GRASS FEE - REGIONAL SITE | 3000 | Tons | |||
| 4 | UNIT GRASS - MUNICIPAL SITES | 1000 | Tons |
Option Item # 1 - Delivery of Leaves, Brush and Grass Directly to Contractor's Sites
The Contractor shall provide a unit price for the acceptance of Leaves, Brush and Grass at the Contractors Sites delivered directly to the Contractor’s Site by the Municipality. The Fee for the acceptance of Leaves, Brush or Grass shall be derived by multiplying the actual aggregate number of tons of Leaves, Brush or Grass delivered during the preceding month, times the corresponding unit price as contained in the Contractor’s Bid. The actual weight of Leaves, Brush and Grass shall be calculated utilizing the Contractor’s certified scale. In the event a certified scale is not available tons shall be calculated utilizing the current NJDEP conversion factors identified in Appendix G.
| Line-Item | Description | Unit of Measure | Unit Cost | Total | Write Unit Price |
| 1 | LEAVES | Tons | |||
| 2 | BRUSH | Tons | |||
| 3 | GRASS | Tons |
PLEASE DOWNLOAD THE BELOW DOCUMENT, COMPLETE IT, AND SIGN AND UPLOAD WITH YOUR BID
Please download the below documents, complete, and upload.
PLEASE DOWNLOAD THE BELOW DOCUMENT, COMPLETE, AND UPLOAD WITH YOUR SUBMISSION.
THIS FORM SHOULD BE USED TO IDENTIFY OR EQUAL PRODUCT OR RECYCLED PRODUCT INFORMATION. PLEASE DOWNLOAD THE BELOW DOCUMENT, COMPLETE, AND UPLOAD WITH YOUR BID.
BIDDER SHALL COMPLETE THE PRICE CERTIFICATION FORM AND SUBMIT WITH THE BID. NOTE: BIDDERS SIGNATURE ON THIS DOCUMENT CERTIFIES THAT THE PRICES ENTERED ON THE BID SHEET ARE CORRECT
PLEASE UPLOAD A COPY OF YOUR CONSENT OF SURETY. SEE CONSENT OF SURETY UNDER THE BID SECURITY SECTION FOR INSTRUCTIONS.
THE ORIGINAL BID BOND OR CERTIFIED CHECK MUST BE RECEIVED BEFORE THE BID DUE DATE AND TIME. IF THE ORIGINAL BID BOND OR CERTIFIED CHECK IS RECEIVED AFTER THE BID DUE DATE AND TIME, YOUR BID WILL BE AUTOMATICALLY REJECTED.
PLEASE MAILED VIA THE DELIVERY SERVICES OF YOUR CHOICE, OR HAND DELIVERED, TO THE MIDDLESEX COUNTY OFFICE OF PURCHASING, NO LATER THAN THE BID SUBMISSION DUE DATE AND TIME.
PLEASE SEE THE BID SECURITY SECTION FOR MAILING ADDRESS AND DELVERY INSTRUCTIONS.
PLEASE COMPLETE AND UPLOAD THE ATTACHED DOCUMENT.
YOU WILL BE PROVIDED WITH THE OPTION OF ONLINE NOTARIZATION OR MANUAL NOTARIZATION WHEN RESPONDING.
REQUIRED BEFORE AWARD
PLEASE DOWNLOAD THE BELOW DOCUMENT, COMPLETE, SIGN, AND UPLOAD WITH YOUR BID.
REQUIRED BEFORE AWARD
PLEASE DOWNLOAD, COMPLETE, SIGN, AND DATE THE BELOW FORM.
THIS DOCUMENT SHALL BE SUBMITTED PRIOR TO AWARD OF CONTRACT, HOWEVER IN THE INTEREST OF TIME, YOU ARE STRONGLY URGED TO INCLUDE IT WITH YOUR BID SUBMITTAL
REQUIRED BEFORE AWARD
PLEASE DOWNLOAD, COMPLETE, SIGN, AND DATE THE BELOW FORM.
THIS DOCUMENT SHALL BE SUBMITTED PRIOR TO AWARD OF CONTRACT, HOWEVER IN THE INTEREST OF TIME, YOU ARE STRONGLY URGED TO INCLUDE IT WITH YOUR BID SUBMITTAL.
Please download the below documents, complete, and upload.
REQUIRED BEFORE AWARD
PLEASE UPLOAD YOUR BUSINESS REGISTRATION CERTIFICATE. A SAMPLE HAS BEEN PROVIDED. IF YOU HAVE RECENTLY APPLIED AND HAVE NOT RECEIVED YOUR BRC, YOU CAN OBTAIN A CERTIFICATE ONLINE BY VISITING THE FOLLOWING SITE: https://www1.state.nj.us/TYTR_BRC/servlet/common/BRCLogin
REGISTER FOR A BUSINESS REGISTRATION CERTIFICATE BY VISITING: https://www.nj.gov/treasury/revenue/busregcert.shtml
BE ADVISED THE DATE OF REGISTRATION MUST BE BEFORE THE BID DUE DATE.
THIS DOCUMENT SHALL BE SUBMITTED PRIOR TO AWARD OF CONTRACT, HOWEVER IN THE INTEREST OF TIME, YOU ARE STRONGLY URGED TO INCLUDE IT WITH YOUR BID SUBMITTAL
PLEASE DOWNLOAD, COMPLETE, SIGN, AND DATE THE BELOW FORM.
IF YOU ANSWERED “YES” TO EITHER QUESTION IN SECTION A, PLEASE PROVIDE A COPY OF THE APPROVAL FORM (SAMPLE OF CERTIFICATE OF EMPLOYEE INFORMATION REPORT IS AVAILABLE BELOW).
IF YOU ANSWERED “NO” TO BOTH QUESTIONS, PLEASE GO TO https://www.state.nj.us/treasury/contract_compliance/, COMPLETE THE AA-302 FORM, SUBMIT IT TO THE STATE AS REQUIRED, AND UPLOAD A COPY OF THE FORM WITH PROOF OF PAID FEE.
NOTE: IF YOU HAVE PREVIOUSLY BEEN AWARDED A CONTRACT BY THE COUNTY OF MIDDLESEX, YOU MUST SUBMIT THE CERTIFICATE OF EMPLOYEE INFORMATION REPORT.
THE BELOW DOCUMENTS SHALL BE SUBMITTED PRIOR TO AWARD OF CONTRACT, HOWEVER IN THE INTEREST OF TIME, YOU ARE STRONGLY URGED TO INCLUDE IT WITH YOUR BID SUBMITTAL.
REQUIRED BEFORE AWARD
PLEASE UPLOAD A COPY OF YOUR W-9.
THIS DOCUMENT SHALL BE SUBMITTED PRIOR TO AWARD OF CONTRACT, HOWEVER IN THE INTEREST OF TIME, YOU ARE STRONGLY URGED TO INCLUDE IT WITH YOUR BID SUBMITTAL.
A link to download a W-9 form is provided for your convenience. https://www.irs.gov/pub/irs-pdf/fw9.pdf
REQUIRED BEFORE AWARD
PLEASE DOWNLOAD, SIGN, AND DATE THE BELOW FORM.
THIS DOCUMENT SHALL BE SUBMITTED PRIOR TO AWARD OF CONTRACT, HOWEVER IN THE INTEREST OF, YOU ARE STRONGLY URGED TO INCLUDE IT WITH YOUR BID SUBMITTAL.
REQUIRED BEFORE AWARD
PLEASE DOWNLOAD, COMPLETE, SIGN, AND DATE THE BELOW FORM.
THIS DOCUMENT SHALL BE SUBMITTED PRIOR TO AWARD OF CONTRACT, HOWEVER IN THE INTEREST OF TIME, YOU ARE STRONGLY URGED TO INCLUDE IT WITH YOUR BID SUBMITTAL
REQUIRED BEFORE AWARD
PLEASE UPLOAD YOUR CERTIFICATE OF LIABILITY INSURANCE, INCLUDING ANY SPECIAL INSURANCE REQUIREMENTS, IF APPLICABLE. A SAMPLE HAS BEEN PROVIDED FOR REFERENCE.
THIS DOCUMENT SHALL BE SUBMITTED PRIOR TO AWARD OF CONTRACT, HOWEVER IN THE INTEREST OF TIME, YOU ARE STRONGLY URGED TO INCLUDE IT WITH YOUR BID SUBMITTAL
PLEASE UPLOAD INFORMATION REGARDING THE MANUFACTURER NAME AND MODEL NUMBER.
PLEASE ACKNOWLEDGE THAT YOU WILL COMPLY WITH THIS REQUIREMENT.
PLEASE ACKNOWLEDGE THAT YOU COMPLY WITH THIS REQUIREMENT.
PRIOR TO AWARD OF A CONTRACT YOU MUST SUBMIT A PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATE FOR YOUR ORGANIZATION AND ALL SUBCONTRACTORS
PLEASE ACKNOWLEDGE THAT YOU COMPLY WITH THIS REQUIREMENT.
PLEASE UPLOAD A CURRENT PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATE FOR YOUR ORGANIZATION AND ALL SUBCONTRACTORS.
THIS DOCUMENT SHALL BE SUBMITTED PRIOR TO AWARD OF CONTRACT, HOWEVER IN THE INTEREST OF TIME, YOU ARE STRONGLY URGED TO INCLUDE IT WITH YOUR BID SUBMITTAL
BIDDER SHALL CERTIFY, ON THE EQUIPMENT CERTIFICATION FORM, THAT THEY CONTROL OR HAVE ACCESS TO EQUIPMENT NECESSARY TO DO THE REQUIRED WORK, IF AWARDED THE CONTRACT.
Please download the below documents, complete, and upload.
PLEASE UPLOAD A COPY OF YOUR LABOR AND MATERIAL PAYMENT BOND. SEE LABOR AND MATERIAL PAYMENT BOND UNDER THE BID SECURITY SECTION FOR INSTRUCTIONS.
PLEASE UPLOAD A COPY OF YOUR MAINTENANCE BOND. SEE MAINTENANCE BOND GUARANTEE UNDER THE BID SECURITY SECTION FOR INSTRUCTIONS.
REQUIRED BEFORE AWARD
PLEASE DOWNLOAD, COMPLETE, SIGN, AND DATE THE BELOW FORM.
THIS DOCUMENT SHALL BE SUBMITTED PRIOR TO AWARD OF CONTRACT, HOWEVER IN THE INTEREST OF TIME, YOU ARE STRONGLY URGED TO INCLUDE IT WITH YOUR BID SUBMITTAL
PLEASE UPLOAD ANY ADDITIONAL DOCUMENTS HERE.
All costs associated with the bid must be on the bid sheet. No other form of submitting prices will be accepted
(NOT REQUIRED)
Please choose the following provisions that shall be applicable to this bid and be made a part of the bidding documents:
ENTER VALUE
Please choose any additional mandatory requirements of the bid and contract or check NONE.
Please select the type of insurance needed for this bid. If special insurance requirements need to be added, select the SPECIAL INSURANCE REQUIREMENTS option, and enter the language needed in that same named field under the GENERAL INFORMATION section.
PLEASE SELECT ONE OF THE BELOW OPTIONS.
WILL ALL BIDDERS BE REQUIRED TO SUBMIT MANUFACTURER AND MODEL INFORMATION WITH THEIR BID
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