FINAL_Solid_Waste_Recyclabale_Materials_Collection_for_Pennsauken_Township-Dates_Edited_RMD.pdf

2026-BID-03

SOLID WASTE RECYCABLE MATERIALS COLLECTION FOR

PENNSAUKEN TOWNSHIP

RELEASE DATE: August 28, 2026 RESPONSE DEADLINE: October 30, 2026 at 10:30 AM

Please refer to the project timeline in this document for all important deadlines.

For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/pennsauken

#2026-BID-03

Title: SOLID WASTE RECYCABLE MATERIALS COLLECTION FOR PENNSAUKEN TOWNSHIP

Table Of Contents

1. INSTRUCTIONS TO BIDDERS

1.1. NOTICE TO BIDDERS

1.2. INSTRUCTIONS TO BIDDERS

1.3. CHANGES TO THE BID SPECIFICATIONS

1.4. DOCUMENTS TO BE SUBMITTED

1.5. CONTRACT BOND

1.6. BID PRICES

2. DEFINITIONS

3. BID SUBMISSION REQUIREMENTS

3.1. BID PROPOSAL

3.2. BID GUARANTEES

3.3. EXCEPTIONS TO BID SPECIFICATIONS

3.4. “BRAND NAME OR EQUIVALENT”

3.5. COMPLIANCE

3.6. CONFLICT OF INTEREST AND NON-COLLUSION

3.7. NO ASSIGNMENT OF BID

4. AWARD OF CONTRACT

4.1. GENERALLY

4.2. NOTICE OF AWARD AND EXECUTION OF CONTRACT

4.3. RESPONSIBLE BIDDER

4.4. PERFORMANCE BOND

4.5. AFFIRMATIVE ACTION REQUIREMENTS

4.6. VEHICLE DEDICATION AFFIDAVIT

4.7. ERRORS IN PRICE CALCULATION

4.8. OBLIGATIONS OF BIDDER

4.9. VENDOR QUALIFICATIONS

4.10. TERMINATION OF CONTRACT

4.11. SAVINGS CLAUSE

4.12. NEW JERSEY BUSINESS REGISTRATION REQUIREMENTS

4.13. AMERICAN GOODS AND PRODUCTS

4.14. WITHDRAWAL OF BIDS

4.15. AMERICANS WITH DISABILITIES ACT OF 1990

4.16. DISCLOSURE OF CONTRIBUTIONS

4.17. LIQUIDATED DAMAGES

4.18. PROHIBITED VENDORS

4.19. RECORD RETENTION

5. WORK SPECIFICATIONS

5.1. [INTENTIONALLY LEFT BLANK]

5.2. [INTENTIONALLY LEFT BLANK]

5.3. COLLECTION OPTIONS

5.4. CONTAINERS

5.5. COLLECTION SCHEDULE

5.6. SOLID WASTE DISPOSAL

5.7. VEHICLES AND EQUIPMENT

5.8. NAME ON VEHICLES

5.9. TELEPHONE FACILITIES AND EQUIPMENT

5.10. FAILURE TO COLLECT

5.11. COMPLAINTS

5.12. SOLICITATION OF GRATUITIES

5.13. INVOICE AND PAYMENT PROCEDURE

5.14. COMPETENCE OF EMPLOYEES

5.15. SUPERVISION OF EMPLOYEES

5.16. INSURANCE REQUIREMENTS

5.17. CERTIFICATES

5.18. INDEMNIFICATION

5.19. WARRANTY

6. BID DOCUMENTS

6.1. BID DOCUMENT SUBMISSION CHECKLIST

6.2. BID PROPOSAL FORMS

6.3. VENDOR QUESTIONNAIRE

Attachments:

A - Maps 03.26

B - Attachment Data

1. INSTRUCTIONS TO BIDDERS

1.1. NOTICE TO BIDDERS

A. PROPOSALS: Sealed bids for the following: SOLID WASTE RECYCLABLE MATERIALS COLLECTION FOR PENNSAUKEN TOWNSHIP for the Township of Pennsauken will be received at October 30, 2026 on 10:30 a.m. at which time bids will be opened via the OpenGov Procurement Portal.

Bids will not be accepted after the specified time. All proposals shall be submitted via https://procurement.opengov.com/portal/pennsauken. Bids will be publicly posted on the OpenGov eProcurement portal.

The Township Committee and its Solicitor will be the sole discretionary body for consideration or rejection of the proposals.

B. PRE-BID MEETING: A pre-bid meeting and site inspection will be held on September 10, 2026 at 10:00 a.m., prevailing time via MUNICIPAL BUILDING-2400 MERCHANVILLE AVE.

PENNSAUKEN NJ 08110. All interested parties are invited to attend. Failure of any bidder to attend the pre-bid meeting and site inspection shall not exempt that contractor from fulfilling all the terms of this contract.

C. SPECIFICATIONS: Specification and Form of Bid for “SOLID WASTE RECYCABLE MATERIALS COLLECTION FOR PENNSAUKEN TOWNSHIP” can be downloaded from https://procurement.opengov.com/portal/pennsauken. There is no cost to download the procurement documents.

D. AFFIRMATIVE ACTION REGULATIONS: Bidders are required to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27 et seq.

1.2. INSTRUCTIONS TO BIDDERS

Time and place for acceptance of bids: All proposals will be auto opened by the OpenGov site on October 15, 2026, at 10:30 a.m. prevailing time and responses will be published shortly thereafter. Bids will not be accepted after the specified time.

1.3. CHANGES TO THE BID SPECIFICATIONS

Notice of revisions or addenda to advertisements or bid documents relating to bids will, no later than seven (7) days, Saturdays, Sundays and holidays excepted, prior to the date for acceptance of bids, be published on the Township of Pennsauken’s official Internet website pursuant to N.J.S.A. 35:3-1, et seq. and in accordance with the requirements set forth in N.J.S.A. 40A:11-23, as well as posted on the OpenGov eProcurement portal.

1.4. DOCUMENTS TO BE SUBMITTED

The following documents shall be submitted by every bidder at the time and date specified in the public notice to prospective bidders:

1. A photocopy of bidder’s certificate of public convenience and necessity and an approval letter issued in conformance with N.J.S.A. 13:1E-126 et seq.;

2. Questionnaire setting forth experience and qualifications;

3. Bid Guarantee in the form of a bid bond, certified check or cashier’s check in the amount of

10% of the total amount of the bid proposal, not to exceed $20,000; payable to the Township of Pennsauken;

4. Non-collusion affidavit;

5. Stockholder statement of ownership;

6. Certificate of surety;

7. Bid Proposal; and

8. Certification regarding investment activities in Iran, in accordance with N.J.S.A. 52:32-58.

All the foregoing shall be submitted in accordance with the instructions hereinafter contained. The division of the Bid Specifications into parts is merely for convenience and ready reference; all parts of the Bid Specifications constitute a single document.

1.5. CONTRACT PERIOD

The contract period shall be for 3 Years with two 1-year renewals from the date first appearing thereon unless otherwise specified by law or 5 Years depending on collection option awarded.

In accordance with N.J.S.A. 40A:11-15 of the Local Public Contracts Law, the Township reserves the right to extend this contract, when mutually agreed upon between the Township and the contractor, for not more than one-additional year period, not to exceed a five-year period in the aggregate. Any change in price shall not exceed the change in the index rate for the 12 months preceding the most recent quarterly calculation available at the time of the contract renewal. The contract extension shall be awarded by resolution of the governing body only upon a finding by the governing body that the services are being performed in an effective and efficient manner, and no extension shall be granted so that the contract runs for more than a total of two consecutive years. Otherwise, the terms and conditions of the contract shall remain substantially the same.

1.6. BID PRICES

The bid shall be based upon the descriptions provided on the “Bid Proposal Form” and from the technical specifications attached hereto. The bid shall be based on “top of the line” quality items and/or service shall be quoted f.o.b. for any goods required to be provided under this bid to the Pennsauken Township Municipal Building, 2400 Merchantville Ave., Pennsauken, NJ 08110.

The successful bidder shall be required to provide replacement of any item and/or services supplied which has failed to perform in accordance with the standards of “top of the line” quality as known by the trade.

The successful bidder shall make delivery of services and/or items as requested to the address within the Township of Pennsauken designated on the purchase order, at no additional charge.

2. DEFINITIONS

"Bid proposal" means all documents, proposal forms, affidavits, certificates, statements required to be submitted by the bidder at the time of the bid opening.

"Bid guarantee" means the bid bond, cashier's check or certified check submitted as part of the bid proposal, payable to the contracting unit, ensuring that the successful bidder will enter into a contract.

"Bid specifications" means all documents requesting bid proposals for municipal solid waste collection services contained herein.

"Certificate of insurance" means a document showing that an insurance policy has been written and includes a statement of the coverage of the policy.

"Collection site" means the location of waste containers on collection day.

"Collection source" means a generator of designated collected solid waste to whom service will be provided under the contract.

"Consent of surety" means a contract guaranteeing that if the contract is awarded, the surety will provide a performance bond.

"Contract" means the written agreement executed by and between the successful bidder and the governing body and shall include the bid proposal, and the bid specifications.

"Contract administrator" is the person authorized by the contracting unit to procure and administer contracts for solid waste collection services.

"Contracting unit" means a municipality or any board, commission, committee, authority or agency, and which has administrative jurisdiction over any district other than a school district, project, or facility, included or operating in whole or in part, within the territorial boundaries of any county or municipality which exercise functions which are appropriate for the exercise by one or more units of local government, and which has statutory power to make purchases and enter into contracts or agreements for the performance of any work or the furnishing or hiring of any materials or supplies usually required, the costs or contract price of which is to be paid with or out of public funds.

"Contractor" means the lowest responsible bidder to whom award of the contract shall be made.

"Designated collected recyclable material" means newspapers, cardboard, white paper, magazines, glass, cans, acceptable plastic, yard waste (to include tree limbs less than 3 inches in diameter properly tied and bundled in 4’ lengths weighing no more than 50 lbs.), bagged (paper or biodegradable) grass clippings or leaves, Christmas trees.

"Designated collected solid waste" means solid waste types 10, 13, and 23 collected from residential and limited non-residential units. Designated collected solid waste shall not consist of recyclable materials, hazardous waste, or solid animal and vegetable wastes collected by swine producers licensed by the State Department of Agriculture to collect, prepare and feed such waste to swine on their own farms.

"Disposal facility" means those sites designated in the Camden County Solid Waste Management Plan for use by the Township of Pennsauken. The Camden County Pollution Control Financing Authority is designated operator of facilities in the Camden County Solid Waste Management Plan. The Resource Recovery facility at

600 Morgan Boulevard, Camden is the primary disposal facility, and the Pennsauken Sanitary Landfill at 9100 River Road, Pennsauken, New Jersey 08110 is the secondary bypass facility.

"Governing body" means the governing body of the municipality, when the contract or agreement is to be entered into by, or on behalf of a, municipality as further defined at N.J.A.C. 40A:11-2.

"Holiday" means a regularly scheduled collection day on which the authorized Disposal Facilities are closed, including:

New Years Day

Memorial Day

Independence Day

Labor Day

Thanksgiving Day

Christmas Day

"Legal newspaper" means the Retrospect or the Star-Ledger.

"Proposal forms" mean those forms that must be used by all bidders to set forth the prices for services to be provided under the contract.

"Service Area" means the geographic area described below. The service area(s) is (are) as follows:

For Solid Waste Collection, the entire Township of Pennsauken constitutes the service area. With regard to recycling, the Township is broken up into four (4) zones which are attached to these specifications as Attachment one (1).

"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.

“Top of the line” quality means the best and most advanced product available using premium materials and professional-grade durability consistent with the specifications provided herein.

3. BID SUBMISSION REQUIREMENTS

3.1. BID PROPOSAL

A. Each document in the bid proposal must be properly completed in accordance with N.J.A.C.

7:26H-6.5. No bidder shall submit the requested information on any form other than those provided in these bid specifications.

B. Bid Proposals shall accepted through the bid portal only as set forth in the Public Advertisement for

Bids. Hand delivered bids will be rejected. No bid proposal will be accepted past the date and time specified by the Township of Pennsauken in the advertisement for bids.

C. Each bidder shall sign, where applicable, all bid submissions as follows:

1. For a corporation or limited liability company, by a principal executive officer;

2. For a partnership or sole proprietorship, by a general partner or the proprietor respectively; or

3. A duly authorized representative if:

a. The authorization is made in writing by a person described in sections 1 and 2 above; and

b. The authorization specifies either an individual or a position having responsibility for the overall operation of the business.

D. The bid proposal contains option bids. The Township of Pennsauken may, at its discretion, award the contract to the bidder whose aggregate bid price for the chosen option, or any combination of options is the lowest responsible bidder; provided, however, the Township of Pennsauken shall not award the contract based on the bid price for separate options.

E. Any bid proposal that does not comply with the requirements of the bid specifications and N.J.A.C.

7:26H-6.1 et seq., shall be rejected as non-responsive.

3.2. BID GUARANTEES

A. A Bid Guarantee in the form of a Bid Bond, Cashier's Check or Certified Check, made payable to the Township of Pennsauken in the amount of 10% of the highest aggregate for the five (5) year bid submitted, not to exceed twenty thousand dollars ($20,000) must accompany each Bid Proposal. An uploaded copy of the bid bond, cashier’s check or certified check into OpenGov is required along with sending the original documents directly to the township before bid opening. In the event that the bidder to whom the Contract is awarded fails to enter into the Contract in the manner and within the time required, the award to the bidder shall be rescinded and the bid guaranty shall become the property of the Township of Pennsauken.

3.3. EXCEPTIONS TO THE BID SPECIFICATIONS

Any conditions, limitations, provisos, amendments, or other changes attached or added by the bidder to any of the provisions of these Bid Specifications or any changes made by the bidder on the Proposal Forms shall result in the rejection of the Bid Proposal by the Township Committee. All bids must be submitted on the form of proposal supplied by the Township. If any type of discount is offered for prompt payment of bills or other consideration, such may be set forth on the form of proposal. All bid documents submitted should include original signatures. Failure to provide original signatures may be cause for rejection of the bid at the discretion of the Township.

3.4. “BRAND NAME OR EQUIVALENT”

Whenever the Work Specifications identify a brand name, trade name or a manufacturer's name, this designation is used for classification or descriptive purposes only, and the bidder may provide an equivalent product, subject to the approval of the Township of Pennsauken.

3.5. COMPLIANCE

The bidder shall be familiar with and comply with all applicable local, state and federal laws and regulations in the submission of the Bid Proposal and, if the bidder is awarded the contract, in the performance of the contract, including, but not limited to, provision of the successful bidder’s Business Registration Certificate issued by the New Jersey Division of Revenue prior to the time a contract, purchase order, or other contracting document is awarded or authorized in accordance with N.J.S.A. 52:32-44(b).

3.6. CONFLICT OF INTEREST AND NON-COLLUSION

Each bidder must execute and submit as part of the Bid Proposal a "Non-Collusion Affidavit" which at a minimum shall attest that:

A. The bidder has not entered into any agreement or participated in any collusion with any other person, corporate entity or government entity, or competitive bidding either alone or with any other person, corporate entity or government entity in connection with the above named project;

B. All statements made in the bid proposal are true and correct and made with the full knowledge that the contracting unit relies upon the truth of those statements in awarding the contract; and

C. No person or business is employed to solicit or secure the contract in exchange for a commission, percentage brokerage agreement or contingency fee unless such person possesses a Certificate of Public

Convenience and Necessity and a License issued pursuant to N.J.A.C. 7:26-16 et seq.

3.7. NO ASSIGNMENT OF BID

The bidder may not assign, sell, transfer or otherwise dispose of the Bid or any portion thereof or any right or interest therein. This section is not intended to limit the ability of the successful bidder to assign or otherwise dispose of its duties and obligations under the contract provided that the Township of Pennsauken agrees to the assignment or other disposition. No such assignment of disposition shall become effective without the written approval of the New Jersey Department of Environmental Protection.

4. AWARD OF CONTRACT

4.1. GENERALLY

A. The Township Committee shall award the contract or reject all bids within the time specified in the invitation to bid, but in no case more than 60 days, except that the bids of any bidders who consent thereto may, at the request of the contracting unit, be held for consideration for such longer period as may be agreed. All bidders will be notified of the Township of Pennsauken’s decision, in writing, by certified mail.

B. The contract will be awarded to the bidder whose aggregate bid price for the selected option or options is the lowest responsible bid.

C. The Township of Pennsauken reserves the right to reject any bid not prepared and submitted in accordance with the provisions hereof, and to reject any or all bids. In the event that the Township of Pennsauken rejects all bids, the Township of Pennsauken shall publish a notice of re-bid no later than ten days, Saturdays, Sundays and holidays excepted, prior to the date for acceptance of bids.

4.2. NOTICE OF AWARD AND EXECUTION OF CONTRACT

Within fourteen calendar days of the award of the contract, the Township of Pennsauken shall notify the successful bidder in writing, at the address set forth in the Bid Proposal and such notice shall specify the place and time for delivery of the executed contract, the performance bond, the vehicle dedication affidavit and the appropriate affirmative action documentation. Failure to deliver the aforementioned documents as specified in the notice of award shall be cause for the Township of Pennsauken to declare the contractor non-responsive and to award the contract to the next lowest bidder. This award of contract shall not be binding upon the Township of Pennsauken until the contract, in accordance with the specifications, is actually executed by the successful bidder and by the proper officers of the Township of Pennsauken.

4.3. RESPONSIBLE BIDDER

The Township of Pennsauken shall determine whether a bidder is “responsible” in accordance with N.J.S.A.

40A:11-2 and N.J.A.C. 7:26H-6.8. The Bid Proposal of any bidder that is deemed not to be “responsible” shall be rejected. The inability of any bidder to bid on all items listed under each category on which that party is bidding may preclude consideration of the bid. The contract shall be awarded to that bidder which provides the lowest overall bid, considering all items are bid or otherwise calculated in for award purposes. Bids shall be reviewed to determine any unbalanced bidding. Unbalanced bidding shall be cause for rejection.

4.4. PERFORMANCE BOND

A. For a one-year contract, the successful bidder shall provide a one-year performance bond issued by a Surety in an amount equal to no more than 100% of the award price. The successful bidder shall provide said performance bond with the Bid Proposal, in a form acceptable by the Township of Pennsauken. A Surety Disclosure Statement shall accompany the Performance/Surety Bond.

B. Failure to provide the required one-year performance bond at the time and place specified by the Township of Pennsauken shall be cause for assessment of damages as a result thereof in accordance with Section D below. In the event that the successful bidder fails to provide said performance bond, the Township of Pennsauken may award the contract to the next lowest responsible bidder or terminate the bid process and re-bid the collection services in accordance with N.J.A.C. 7:26H-6.7(d) and Section 4.1 above.

C. For a three or five-year contract, the successful bidder shall provide a performance bond issued by a Surety in an amount equal to no more than 100% of the annual value of the contract. The successful bidder shall provide said performance bond with the Bid Proposal, in a form acceptable by the Township of Pennsauken. The performance bond for each succeeding year shall be delivered to the Township of Pennsauken with proof of full payment of the premium one hundred twenty (120) days prior to the expiration of the current bond. A Surety Disclosure Statement shall accompany the Performance/Surety

Bond.

D. Failure to deliver a performance bond for any year of a multi-year, contract one hundred twenty (120) days prior to the termination of the current bond will constitute a breach of contract and will entitle the Township Committee to terminate the contract upon the expiration of the current bond. Notwithstanding termination pursuant to this section, the contractor is obligated to fully perform through the date of termination of the contract and damages shall be assessed in an amount to the costs incurred by the Township of Pennsauken in re-bidding the contract.

4.5. AFFIRMATIVE ACTION REQUIREMENTS

A. If awarded a contract, the successful bidder will be required to comply with the requirements of N.J.S.A.

10:5-31, et seq. and N.J.A.C. 17:27, et seq.

4.6. VEHICLE DEDICATION AFFIDAVIT

The Contractor shall execute and submit at the time and place specified in the award notice a vehicle dedication affidavit which at a minimum shall attest that: The successful bidder will dedicate a fixed number of vehicles, reasonably calculated to meet the requirements of these bid specifications; or to the extent that dedication of a fixed number of vehicles is not feasible, the Contractor shall covenant that the Township of Pennsauken will only be accountable for its proportional share of the waste contained in the collection vehicle and shall be assessed charges based only on its share of the waste at the time of disposal.

4.7. ERRORS IN PRICE CALCULATION

Any discrepancy between a numerical price and a price written in words shall be resolved in favor of the price as written in words. Any discrepancy between the unit price multiplied by the quantity and a corresponding total price figure set forth in the Proposal Forms(s) shall be resolved in favor of a total price reached by multiplying the unit price by the quantity. The corrected total shall be used to determine the award of the contract. After all Bid Proposals have been read, the bids will be tabulated and adjusted, if necessary, in accordance with this paragraph. If any mathematical corrections must be made on any bid proposal, then the Township of Pennsauken may not award a contract until all tabulations are complete.

4.8. OBLIGATION OF BIDDER

At the time of the opening of bids, each bidder will be presumed to have read and to be thoroughly familiar with the contents of these Bid Specifications and the material and/or service to be supplied. The failure or omission of any bidder to receive or examine any form, instrument, or document shall in no way relieve the bidder from any obligation in respect of that bid.

Any challenge to the bid specifications shall be presented in writing to Robert Dolan, Purchasing Agent, Township of Pennsauken, 2400 Merchantville Ave, Pennsauken, NJ 08110 within three (3) business days prior to the bid opening and shall be clearly marked on the outside “Bid Challenge”. Any challenge filed thereafter shall have no effect on bid award.

4.9. VENDOR QUALIFICATIONS

All bidders shall provide questionnaire demonstrating its ability to perform this contract. The questionnaire shall be provided within the OpenGov Procurement Portal and shall attest the contractor will have available resources, equipment, experience and capability to undertake and perform the work described in this specification.

4.10. TERMINATION OF CONTRACT

If, through any cause, the successful bidder shall fail to fulfill in a timely and proper manner obligations under this contract, or if the Contractor shall violate any of the requirements of this contract, the Township of Pennsauken shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination. Such termination shall relieve the Township of any obligations for balances due the Contractor of any sum or sums set forth in the contract.

In the case of default by the successful bidder, the Township may procure the goods or services from other sources and hold the successful bidder responsible for any excess cost occasioned thereby.

At any time should the Township determine that any or all of the services described herein become unnecessary; the Township reserves the right to terminate any or all of this contract upon thirty days written notice.

Strikes, walkouts or other such instances shall be reason for the Township to immediately acquire other services until such time the Contractor can again complete the remainder of the contract. Such actions may also be cause for the Township to terminate the contract, at the Township’s discretion.

Continuation of the terms of this 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 Township reserves the right to terminate this contract upon thirty days written notice.

4.11.SAVINGS CLAUSE

If any provision of this Specification is subsequently declared by the proper Legislative or Judicial authority to be unlawful, unenforceable, or not in accordance with applicable statutes, all other provisions of this Specification shall remain in full force and effect.

The Township, without invalidating the contract, may order changes consisting of additions, deletions, or modifications. The contract sum shall be adjusted accordingly, in accordance with the Local Public Contracts Law of New Jersey.

4.12.NEW JERSEY BUSINESS REGISTRATION REQUIREMENTS

In accordance with N.J.S.A. 52:32-44 bidders may provide with their bid a Business Registration Certificate issued by the State of New Jersey. Contractors are required to be registered at the time of bid. A Business Registration Certificate must be provided prior to award.

N.J.S.A. 52:32-44 imposes the following requirements on contractors and all subcontractors that knowingly provide goods or perform services for a contractor fulfilling this contract:

1. The contractor shall provide written notice to its subcontractors and suppliers to submit proof of business registration to the contractor;

2. Subcontractors through all tiers of a project must provide written notice to their subcontractors and suppliers to submit proof of business registration and subcontractors shall collect such proofs of business registration and maintain them on file;

3. Prior to receipt of final payment from a contracting agency, a contractor must submit to the contracting agency an accurate list of all subcontractors and suppliers and the proof of business registration or attest that no subcontractors were used;

4. During the term of this contract, the contractor and its affiliates shall collect and remit, and shall notify all subcontractors and their affiliates that they must collect and remit, to the Director, New Jersey

Division of Taxation, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A 54:32B-1 et seq.) on all sales of tangible personal property delivered into this State.

A contractor, subcontractor or supplier who fails to provide proof of business registration or provides false business registration information shall be liable to a penalty of $25 for each day of violation, not to exceed $50,000 for each business registration not provided or maintained under a contract with a contracting agency. Information on the law and its requirements are available by calling 609-292-9292.

4.13. AMERICAN GOODS AND PRODUCTS

Only manufactured and farm products of the United States, wherever available, shall be used in performance of this contract.

4.14. WITHDRAWAL OF BIDS

Permission for 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 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 Sinead Rider, Purchasing Agent, Township of Pennsauken, 2400 Merchantville Ave, Pennsauken, NJ 08110. The bidder must request withdrawal of a bid due to a mistake, as defined by the law, within five 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 or designee 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 the five business days following the opening of bids.

4.15. Americans with Disabilities Act of 1990

Equal Opportunity for Individuals with Disability

The contractor and the Township of Pennsauken, (hereafter “owner”) do hereby agree that the provisions of Title 11 of the Americans With Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 et seq.), which prohibits discrimination on the basis of disability by public entities in all services, programs, and activities provided or made available by public entities, and the rules and regulations promulgated pursuant there unto, are made a part of this contract. In providing any aid, benefit, or service on behalf of the owner pursuant to this contract, the contractor agrees that the performance shall be in strict compliance with the Act. In the event that the contractor, its agents, servants, employees, or subcontractors violate or are alleged to have violated the Act during the performance of this contract, the contractor shall defend the owner in any action or administrative proceeding commenced pursuant to this Act. The contractor shall indemnify, protect, and save harmless the owner, its agents, servants, and employees from and against any and all suits, claims, losses, demands, or damages, of whatever kind or nature arising out of or claimed to arise out of the alleged violation. The contractor shall, at its own expense, appear, defend, and pay any and all charges for legal services and any and all costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith. In any and all complaints brought pursuant to the owner’s grievance procedure, the contractor agrees to abide by any decision of the owner which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the owner, or if the owner incurs any expense to cure a violation of the ADA which has been brought pursuant to its grievance procedure, the contractor shall satisfy and discharge the same at its own expense.

The owner shall, as soon as practicable after a claim has been made against it, give written notice thereof to the contractor along with full and complete particulars of the claim, If any action or administrative proceeding is brought against the owner or any of its agents, servants, and employees, the owner shall expeditiously forward or have forwarded to the contractor every demand, complaint, notice, summons, pleading, or other process received by the owner or its representatives.

It is expressly agreed and understood that any approval by the owner of the services provided by the contractor pursuant to this contract will not relieve the contractor of the obligation to comply with the Act and to defend, indemnify, protect, and save harmless the owner pursuant to this paragraph.

It is further agreed and understood that the owner assumes no obligation to indemnify or save harmless the contractor, its agents, servants, employees and subcontractors for any claim which may arise out of their performance of this Agreement. Furthermore, the contractor expressly understands and agrees that the provisions of this indemnification clause shall in no way limit the contractor’s obligations assumed in this Agreement, nor shall they be construed to relieve the contractor from any liability, nor preclude the owner from taking any other actions available to it under any other provisions of the Agreement or otherwise at law.

4.16. DISCLOSURE OF CONTRIBUTIONS

Starting in January 2007, all 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.

4.17. LIQUIDATED DAMAGES

The contractor is obligated to fully perform through the date of the contract and damages shall be assessed in an amount to the costs incurred by the Township of Pennsauken in re-bidding contract, consistent with the provisions below.

It is not the intent of the contracting unit to unreasonably assess damages under this section. The purpose is to respond to citizens’ complaints and resolve disputes over the collection and or disposal of solid waste and recycling. In all cases where a dispute arises, the Administrator or designee will make a reasonable final determination on a settlement which will be binding under this contract.

A. The Contractor Agrees that liquidated damages will be assessed plus overhead in all cases where the contracting unit shall elect to take such damages for actual costs but not less than the following: One Thousand ($1,000.00) dollars per route or any portion thereof for each day that the contractor fails to collect the solid waste or recyclable material.

B. For failure to clean up immediately spillage from the Contractor’s vehicles or resulting from the collection or carting of refuse: One Hundred ($100.00) dollars for each such violation.

C. For failure to answer a complaint pertaining to problems concerning collection of solid waste or recycling on the same day the complaint is received: One Hundred ($100.00) dollars.

D. For failure to provide information as to the number and type of trucks working daily: Fifty ($50.00) dollars a day.

E. For failure to return solid waste and/or recycling containers to the originating location: Fifty ($50.00) dollars for each location stop and/or house.

F. If the contractor mixes a load of recyclable material with solid waste, liquidated damages will be assessed in the amount equal to the entire disposal cost of the material in the truck. The cost per ton will be based on the weight of the truck at the disposal facility.

A continuing violation of any of the above shall be considered a new violation each day this provision is in addition to and not in limitation of other rights of the Contracting Unit under other parts of these specifications including the Contracting Unit’s right to full performance by the security.

In the event that continued and repeated violations are not corrected by the Contractor after due notice by the Contracting Unit the Contracting Unit shall in no way relieve the Contractor of contract obligations specified herein. Liquidated damages shall be deducted from the monthly bill.

If the Contracting Unit elects to proceed under this option, nothing herein shall be interpreted as excusing of performance by the surety under the performance bond who must include such a provision in the performance bond.

4.18. PROHIBITED VENDORS

A. N.J.S.A. 52:32-55, et seq. prohibits State and local public contracts with persons or entities engaging in certain investment activities in energy, finance, or construction sectors of Iran. It is unlawful for Pennsauken Township to contract with vendors that engage in certain activities with Iran. Should

Pennsauken Township be made aware that any vendor is involved in these activities during the course of any contract the contract will immediately be voided.

B. N.J.S.A. 52:32-60.1, et seq. prohibits the award, renewal, amendment, or extension of State and local public contracts for goods or services with persons or entities engaging in prohibited activities in Russia or Belarus. P.L. 2012, c.25 prohibits the award or renewal of State and local public contracts for goods and services with persons or entities engaged in certain investment activities in the energy or finance sectors of Iran. 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 New Jersey Department of the Treasury’s list of entities determined to be engaged in prohibited activities in Russia or

Belarus pursuant to P.L. 2022, c. 3 (“Russia-Belarus list”) or in Iran pursuant to P.L. 2012, c. 25 ("Chapter 25 list").

4.19. RECORD RETENTION

Contractor shall maintain all documentation related to products, transactions or services under this contract for a period of five years from the date of final payment. Such records shall be made available to the New Jersey Office of State Comptroller upon request in accordance with N.J.A.C. 19:70-1.6.

5. WORK SPECIFICATIONS

5.1.

The Contractor shall provide service for each Option awarded by the Township of Pennsauken. The Township of Pennsauken shall select one collection Option for the contract period of three (3) years with two (2) one (1) year extensions not to exceed five (5) years or five (5) year contract in accordance with any of the option proposals submitted.

5.2. The Contractor shall provide collection, removal and disposal from within the territorial and geographical boundaries of the Township of Pennsauken as described below:

A. Bids will be solicited for the entire Township consisting of approximately 11,300 stops including some alley ways and business district for a three (3) year, with two (2) one (1) year extensions not to exceed five (5) years or five (5) year contract depending on collection option awarded.

B. Frequency of pickup for bidding purposes excluding solid waste disposal tipping fees will be as follows:

Twelve months, once a week for solid waste, recyclables and yard waste.

C. The successful bidder must be prepared to commence the contract on January 1, 2027.

5.3. COLLECTION OPTIONS

COLLECTION OPTIONS

OPTION #1 SOLID WASTE, RECYCLABLES & YARD WASTE

Manual Collection

Option #1 shall be for a period of three (3) years with two (2) one (1) year extensions not to exceed five (5) years.

The following materials shall be collected one (1) day a week as noted. The Contractor may request the collection day to be changed with approval by the Township of Pennsauken.

1. Solid waste and recycling will be collected once a week in accordance with the four (4) zones shown on Attachment A.

2. Yard debris will be collected once a week on Wednesday in all four (4) zones.

3. Recycling containers that are “tagged” prior to collection with a red, Do Not Collect tag are to be left curbside. This effort by DPW’s Sanitation Inspector is to prevent contaminants in the recycling stream from being collected. Absolutely no bagged recycling shall be collected, unless explicitly permitted by the Township.

Commingled recyclables shall be owned by the Township of Pennsauken and taken to the Omni Recycling, LLC Facility located at 408 Lambs Road, Pitman, NJ 08071 for disposal.

The Township of Pennsauken reserves the right to redirect recyclable material to any licensed facility in the State of New Jersey that are within twenty (20) miles of the boundaries of the Township of Pennsauken throughout the duration of the contract.

The Westfield Avenue business district (Cove Road to 42nd Street) will be collected as part of Friday’s route prior to the start of Friday’s route.

In addition to residential collection the Township of Pennsauken utilizes containers at various Municipal Locations: See Attachment A: Container Schedule for Municipal Properties.

ALTERNATE #1 – COOPER RIVER PLAZA APARMENTS (East and South Buildings)

This collection option provides the opportunity for an Alternate #1 to be exercised at the Township of

Pennsauken’s discretion. Pricing shall be indicated on the Alternate pricing sheet.

Cooper River Plaza – South Building – 5105 N. Park Drive, Pennsauken, NJ 08109

Provide and service the following as listed:

Monday: Twenty (20) 96-gallon recycling totes

Tuesday: One (1) 20-yard trash compactor dumpster

Tuesday: One (1) 30-yard dumpster for bulk items Delivered between 7:00 am and 9:00 am Removed between 1:00 pm and 3:00 pm

Friday: One (1) 30-yard dumpster for bulk items Delivered between 7:00am and 9:00am Removed between 1:00pm and 3:00pm

Cooper River Plaza – East Building - 2400 McClellan Avenue, Pennsauken, NJ 08109

Provide and service the following as listed:

Monday: Twenty (20) 96-gallon recycling totes

Tuesday: One (1) 20-yard trash compactor dumpster

Tuesday: One (1) 30-yard dumpster for bulk items Delivered between 7:00am and 9:00am Removed between 1:00pm and 3:00pm

Thursday: One (1) 8-yard recycling dumpster

OPTION #2 SOLID WASTE, RECYCLABLES & YARD WASTE

Automated/semi-automated residential cart collection

Option #2 shall be for a period of five (5) years.

The following materials shall be collected one (1) day a week as noted. The Contractor may request the collection day to be changed with approval by the Township of Pennsauken.

1. Solid waste and recycling will be collected once a week in accordance with the four (4) zones shown on Attachment 1.

2. Yard debris will be collected once a week on Wednesday in all four (4) zones.

Commingled recyclables shall be owned by the Township of Pennsauken and taken to the Omni Recycling, LLC Facility located at 408 Lambs Road, Pitman, NJ 08071 for disposal.

The Township of Pennsauken reserves the right to redirect recyclable material to any licensed facility in the

State of New Jersey that are within twenty (20) miles of the boundaries of the Township of Pennsauken throughout the duration of the contract.

As a part of this option, the contractor must provide to the Township of Pennsauken 96-gallon wheeled containers intended for the collection of trash, recycling and yard waste.

Any container size exchanges will be handled by the Township. The contractor must provide pricing for 96-gallon and 65-gallon carts for the Township to utilize throughout the term of the contract after the initial roll-out of all 96-gallon containers.

A transition period of 90 days, or as mutually agreed, upon award of Option #2, will permit the service provider to perform conventional collection (as outlined in Option #1) until trucks and containers are rolled-out.

Container delivery and truck roll-out to occur concurrently.

The containers will remain the property of the Township of Pennsauken at the end of the contract.

Container specification is listed under section 5.4 Containers.

There shall be one (1) container each for solid waste, one (1) for recyclables and one (1) container for yard waste per household.

The successful contractor shall determine where deployment of fully automated and/or semi-automated collection is to occur, in accordance with the four (4) established service zones. Prior to the commencement of service, the contractor shall supply the Township with this strategy.

The Westfield Avenue business district (Cove Road to 42nd Street) will be collected as part of Friday’s route prior to the start of Friday’s route.

In addition to residential collection the Township of Pennsauken utilizes containers at various Municipal Locations: See Attachment 1: Container Schedule for Municipal Properties.

ALTERNATE #2 – COOPER RIVER PLAZA APARMENTS (East and South Buildings)

This collection option provides the opportunity for an Alternate #2 to be exercised at the Township of Pennsauken’s discretion. Pricing shall be indicated on the Alternate pricing sheet.

Cooper River Plaza – South Building – 5105 N. Park Drive, Pennsauken, NJ 08109

Provide and service the following as listed:

Monday: Twenty (20) 96-gallon recycling totes

Tuesday: One (1) 20-yard trash compactor dumpster

Tuesday: One (1) 30-yard dumpster for bulk items Delivered between 7:00am and 9:00am Removed between 1:00pm and 3:00pm

Friday: One (1) 30-yard dumpster for bulk items Delivered between 7:00am and 9:00am Removed between 1:00pm and 3:00pm

Cooper River Plaza – East Building - 2400 McClellan Avenue, Pennsauken, NJ 08109

Provide and service the following as listed:

Monday: Twenty (20) 96-gallon recycling totes

Tuesday: One (1) 20-yard trash compactor dumpster

Tuesday: One (1) 30-yard dumpster for bulk items Delivered between 7:00am and 9:00am

OPTION #3 SOLID WASTE, RECYCLABLES & YARD WASTE

Automated/semi-automated residential cart collection of SW & Recycling – Manual Yard Waste Collection

Option #3 shall be for a period of five (5) years.

The following materials shall be collected one (1) day a week as noted. The Contractor may request the collection day to be changed with approval by the Township of Pennsauken.

1. Solid waste and recycling will be collected once a week in accordance with the four (4) zones shown on Attachment 1.

2. Yard debris will be collected once a week on Wednesday in all four (4) zones.

Commingled recyclables shall be owned by the Township of Pennsauken and taken to the Omni Recycling, LLC Facility located at 408 Lambs Road, Pitman, NJ 08071 for disposal.

The Township of Pennsauken reserves the right to redirect recyclable material to any licensed facility in the State of New Jersey that are within twenty (20) miles of the boundaries of the Township of Pennsauken throughout the duration of the contract.

As a part of this option, the contractor must provide to the Township of Pennsauken 96-gallon wheeled containers intended for the collection of trash and recycling. For this option, yard waste will be collected manually.

Any container size exchanges will be handled by the Township. The contractor must provide pricing for 96-gallon and 65-gallon carts for the Township to utilize throughout the term of the contract after the initial roll-out of all 96-gallon containers.

A transition period of 90 days, or as mutually agreed, upon award of Option #3, will permit the service provider to perform conventional collection (as outlined in Option #1) until trucks and containers are rolled-out.

Container delivery and truck roll-out to occur concurrently.

The containers will remain the property of the Township of Pennsauken at the end of the contract.

Container specification is listed under section 5.4 Containers.

There shall be one (1) container each for solid waste and one (1) container for recyclables per household.

The successful contractor shall determine where deployment of fully automated and/or semi-automated collection is to occur, in accordance with the four (4) established service zones. Prior to the commencement of service, the contractor shall supply the Township with this strategy.

The Westfield Avenue business district (Cove Road to 42nd Street) will be collected as part of Friday’s route prior to the start of Friday’s route.

In addition to residential collection the Township of Pennsauken utilizes containers at various Municipal

ALTERNATE #3 – COOPER RIVER PLAZA APARMENTS (East and South Buildings)

This collection option provides the opportunity for Alternate #3 to be exercised at the Township of Pennsauken’s discretion. Pricing shall be indicated on the Alternate pricing sheet.

Cooper River Plaza – South Building – 5105 N. Park Drive, Pennsauken, NJ 08109

Provide and service the following as listed:

Monday: Twenty (20) 96-gallon recycling totes

Tuesday: One (1) 20-yard trash compactor dumpster

Tuesday: One (1) 30-yard dumpster for bulk items Delivered between 7:00am and 9:00am Removed between 1:00pm and 3:00pm

Friday: One (1) 30-yard dumpster for bulk items Delivered between 7:00am and 9:00am Removed between 1:00pm and 3:00pm

Cooper River Plaza – East Building - 2400 McClellan Avenue, Pennsauken, NJ 08109

Provide and service the following as listed:

Monday: Twenty (20) 96-gallon recycling totes

Tuesday: One (1) 20-yard trash compactor dumpster

Tuesday: One (1) 30-yard dumpster for bulk items Delivered between 7:00am and 9:00am

OPTION #4 SOLID WASTE, RECYCLABLES & YARD WASTE

Manual Trash Collection - Automated/Semi-automated Recycling Cart Collection – Manual Yard Waste…