City of east orange, new jersey board of water commissioners all bids must be presented to the
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Bid Proposal Due Date: __October 9, 2008____ For: 11’ Utility/Crane Body with 8,000 ft/lb Crane (or equivalent) (Water Commissioners)
BOARD OF WATER COMMISSIONERS ALL BIDS MUST BE PRESENTED TO THE CITY WATER DEPARTMENTS 99 SOUTH GROVE STREET EAST ORANGE, NJ 07018 GWYN HARGRETT President, Board of Water Commission BID PROPOSALTHIS BID WILL BE ACCEPTED ON OR BEFORE 10:00 A.M. ON THE DATE SPECIFIED AT WHICH TIME BIDS WILL BE OPENED AND PUBLICLY READ. MAILED BIDS WILL BE ACCEPTED IN ADVANCE OF THE BID DUE DATE UNLESS OTHERWISE SPECIFIED. THIS BID PROPOSAL MUST BE UPON THIS FORM AND ENCLOSED IN A SEALED ENVELOPE ENDORSED WITH THE NAME AND ADDRESS OF THE BIDDER. BIDS WILL NOT BE ACCEPTED UNLESS ACCOMPANIED BY A BID BOND OR CERTIFIED CHECK payable to the City of East Orange, Board of Water Commissioners for at least ten percent (10%) of the total amount of your bid. EXCEPTIONS:
Note: All Annual Bid Bonds expire on December 31st of each calendar year, regardless of the date filed. c. If the total amount of your bid is UNDER $17,500.00 a Bid Bond or Certified Check is not required. d. On Bids that are RE-ADVERTISED, a new Bid Bond or Certified Check is not required. It is construed and understood that the bidder has examined the contract documents before bidding. All pertinent papers including Bid Bond or Certified Check (if not covered by an Annual Bid Bond) must be presented within this sealed envelope to be considered as part of the proposal. OTHER REQUIREMENTS: See #55 and #56 of Conditions Governing Bids AND Check Off List for Mandatory Documents BIDDER MUST FILL IN THE FOLLOWING INFORMATION _______________________ ___________________________ Firm of Bidder Signature _____________________________________________________________________ Address (print or type) City State Zip Code Phone Number FID# Or S.S.#____________________________________ Social Security Number Date (Individual bidders) adv: Due: BID COVER SHEET/BIDDER CHECKLIST
There shall be no amendment or change of this contract without the approval of the Board of Water Commissioners of East Orange. There shall be no Advance Payment on this contract in accordance with N.J.S.A. 40A:5-16. All prices will be considered firm for the term of contract.
BID PROPOSAL DOCUMENTS CONSIST OF THE FOLLOWING: 15. Performance Bond has been waived. a CHECK
Signed: Title: Date:__________ Authorized Representative adv: Due: CONDITIONS GOVERNING BIDS 1. Bids that do not fully comply with all of the conditions contained in the proposal will not be received or considered. 2. Bidders may bid on individual items or all items, except as otherwise specified. If not specified no bid shall be accepted which seeks to sub-divide any section or grouping of related items. Prices must be provided for all items within any single section of this specification. Where the City of East Orange Board of Water Commission chooses to present more than one such biddable section in a single request for bids, the Bidder may choose to only bid on any one or more of such sections. Where such separation is acceptable, the individual sections shall be so indicated under separate headings. 3. Each proposal must be enclosed in a sealed envelope properly endorsed with the name and address of the bidder and the items or services to be furnished and brought to the Board of Water Commissioners 99 SOUTH GROVE STREET EAST ORANGE, NJ 07018. 4. Proposals must be signed by the bidder with his/her signature in full and shall bear the place of business address. 5. The bidder must state on the Disclosure Statement of these instructions, whether he/she is an individual, partnership or corporation, with the proper information applying in each instance. 6. The Division of Procurement of the City of East Orange Board of Water Commissioners reserves the right to reject any and all bids or to waive technical defects, when, in its judgment the interests of the City of East Orange Board of Water Commissioners shall so require; also the right to annul and cancel the contract of any contractor who fails to perform faithfully any of its stipulations or in case of a willful attempt to impose upon the City/Board of Water Commissioners any material inferior to the quality required by the contract and any action taken therein shall not impair any right or claim of the City/ Board of Water Commissioners to damages for breach of contract. 7. Reasonable grounds for believing that any bidder is interested in more than one proposal or is acting under any agreements or understandings directly or indirectly with any other bidder will be cause for rejection of proposal in which he is interested. 8. No bid will be allowed to be withdrawn for any reason, after having been deposited or delivered at the time for receiving bids. 9. Each proposal must be accompanied by the bond of a surety company authorized to do business in the State of New Jersey. The Bid Bond shall be in the form shown in these instructions, or its equivalent, and shall be in the amount of 10% of the total bid or $20,000, whichever is smaller. In the event the surety company is not incorporated in the State of New Jersey, then the bidder must furnish evidence from the surety company showing its authority to do business in the State of New Jersey. 10. In awarding contracts of this nature, public authorities are vested with discretion in determining who is the lowest responsible bidder, and their decisions will not be interfered with by the courts, even if erroneous, provided it is based on a sound and reasonable discretion founded on facts and exercised in good faith, in the interest of the public, without collusion or fraud, nor corruptly, nor from motives of personal favoritism, or ill-will and not abused. The term responsible in this connection means something more than mere pecuniary ability; it includes also judgment, skill, capacity and integrity, and hence the officers, in awarding the contract, must exercise official discretion in determining who is the lowest bidder, upon the consideration of all these elements of responsibility. The City of East Orange Board of Water Commissioners reserves the right to award the contract to the lowest bidder in the aggregate, or to the lowest bidders for individual items. 11. Contractor will furnish all labor, materials, tools, equipment, insurance and permits fully adequate to meet the undertakings, unless otherwise specifically provided for in the contract documents. 12. Contractor shall remove all debris or rubbish occasioned by him and shall be responsible for all damages to buildings, equipment and grounds. 13. If the Contractor should be adjudged bankrupt, or if he/she should make a general assignment for the benefit of creditors, then the Purchasing Agent may, without prejudice to other rights or remedies of the City of East Orange Board of Water Commissioners, submit to terminate the Contractor's right to proceed with the work, and in such event the Purchasing Agent may take over the work and comprise it by contract or otherwise, and the Contractor and his/her sureties shall be liable for any excess cost. 14. Precaution shall be exercised at all times for the protection of persons and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment and other hazards shall be guarded in accordance with the applicable laws. 15. The Contractor will be required to provide to the "City of East Orange Board of Water Commissioners " a Performance Bond, if he/she is awarded the contract, for the faithful performance of the provisions of the contract, relating to the furnishing and delivering of material or services mentioned herein; said bond to be in the penal sum of the total amount of the contract, or as stated in the proposal. 16. The City/ Board of Water Commissioners reserves the right to increase or decrease the amount of the contract to cover the actual requirements needed for the contract period. The City/ Board of Water Commissioners reserves the right to award contracts pursuant to these specifications to more than a single Bidder if, in the opinion of the City/ Board of Water Commissioners, the demand for goods and/or services is such as to require the use of more than one supplier in order to satisfy the constraints of quantity and timeliness. 17. TERMINATION OF CONTRACT-The City/ Board of Water Commissioners reserves the right to terminate any contract entered into as a result of this bid provided written notice has been given to the vendor at least 30 days prior to such proposed termination date. 18. EXCISE AND SALES TAX-The prices herein shall not include any Federal or Excise Taxes of Sales Tax imposed by any state or municipal government. All taxes must be deducted from prices quoted and must be shown separately under items where applicable. The City/ Board of Water Commissioners will not furnish Federal Tax Exemption certificates unless the tax is shown separately. The City's/ Board of Water Commissioners purchase order (Vendor's Copy) will serve as the State Tax Exemptions Form. 19. QUANTITIES - Pursuant to N.J.A.C. 5:30-11.2, Open-end contracts, zero shall be an acceptable minimum for goods established under the contract agreement. Quantities to be ordered shall be determined by the city of East Orange Board of Water Commissioners as the need of the User Agency arises during the contract/agreement term. The City/ Board of Water Commissioners shall not guarantee a specified dollar amount or quantity to be ordered. When possible the proposal will provide approximate quantities to assist the bidding process. However, the maximum quantity shall be the aggregate of all items ordered and received during the contract/agreement term. 20. DELIVERY - All deliveries are to be F.O.B. destination and pre-arranged. The Bidder agrees to produce all goods and/or services as specified herein on demand by the City/ Board of Water Commissioners within the time specified and to permit the City/Board of Water Commissioners to deduct from any invoice submitted for payment, such amounts specified herein as penalties for failure to meet such deadlines as required. 21. PRICING - All prices quoted shall be fixed and firm for the duration of the contract/agreement term unless it is expressly stated in all specifications the terms and conditions in which the price change applies. 22. QUALITY - All delivered items are to be that of a finished acceptable quality by industry standards, packaged in the original manufacturer's container and marked as such. All outer containers if applicable shall be clearly marked with the contents and applicable handling instructions. 23. GUARANTEE - The vendor shall guarantee all items to be free of defects in material make-up and to be free of flaws. The vendor shall replace any and all items ascertained by the City/ Board of Water Commissioners to be flawed within forty-eight (48) hours after official notification of such. STATUTES AND ORDINANCES 24. Pursuant to P.L. 1971, c. 198 (40A:11-18) the bidder must agree to comply with the provision of American goods and products to be used where possible. 26. This contract will be awarded to lowest responsible bidder contingent upon the said low bidder's compliance with the pertinent statutes of New Jersey. On all contracts for public works, the bidder must comply with the provisions of R.S. 34:10-1, et. seq., which law provides that laborers, workers and mechanics while engaged on work under the contract shall work not more than eight hours in any one day, except as otherwise provided for in said statute, and that the prevailing rate of daily wages in the locality where the work is performed shall be paid to the mechanics, workmen and laborers engaged in the work under the contract. It is understood and agreed by the Contractor that in addition to the above mentioned provision, that the said Contractor will obey and comply with the Laws of the State of New Jersey, and in the event said Contractor shall violate the provisions of New Jersey State Statutes annotated, R.S. 34:10-1, and Chapter 213, Public Laws of the State of New Jersey 1962, or any other statutes of the State of New Jersey, then this contract shall be voided at the option of the City of East Orange. The Contractor shall pay to all mechanics, workmen and laborers employed in the work contained under this contract the prevailing rate of wages pursuant to the provisions of New Jersey Statutes annotated; R.S. 34:10-1 and shall further comply with all of the provisions of New Jersey Statutes annotated; R.S. 34:10-1. The Contractor further agrees that he shall comply with Chapter 213, Public Law of the State of New Jersey 1962. The provisions of same shall be considered part of these specifications. It is further understood and agree that all labor employed by the Contractor on this project shall be such as will work with other trades employed on the project so that there will be no dissension between trades. All labor employed on this project shall conform to local labor Union practices. 27. Pursuant to Revised Statutes 10:2-1 et. seq., the Contractor agrees that: (a) In hiring of laborers, workmen and mechanics for the performance of work under this contract or any subcontract hereunder, no contractor nor any person acting on behalf of such contractor or subcontractor shall discriminate against any employee or applicant for employment, because of race, creed, color, national origin, ancestry, age, sex, affectional or sexual orientation, marital status, familial status, liability for service in the Armed Forces of the United States, nationality, public assistance, political affiliation or beliefs, or handicap. (b) There may be deducted from the amount payable to the Contractor by the City of East Orange, under this contract, a penalty of five dollars for each person for each calendar day during which such person is discriminated against or intimidated in violation of the provisions of the contract; and (c) This contract may be canceled or terminated by The City of East Orange and all money due or become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract. 29. EXECUTION OF CONTRACT- The person or company to whom the contract is awarded shall execute such contracts and bonds provided for in the contract documents, and deliver the same to the Board of Water Commissioners within 10 DAYS after notification in writing by the Board of Water Commissioners of the City that the contract and bonds are ready for execution unless the Purchasing Agent shall give further time for such execution. Notice in writing mailed to the address of the bidder as given upon the proposal, shall constitute the notice required hereby, and the time limited for the execution of the contract and bonds shall commence to run from the day the notice is actually deposited in the post office in the City of East Orange Board of Water Commissioners. Should the bidder fail to execute and deliver the contract and bonds within the time above specified, having been notified as above provided, the Purchasing Agent, may thereupon, in his/her discretion, declare the bid to be forfeited, and may either submit to award the contract to the next higher and responsible bidder, or re-advertise for new proposals, and the person, persons or corporation to whom the contract was first awarded and who failed to execute the same with the necessary bonds, and his, their or its sureties shall be liable to the City of East Orange Board of Water Commissioners for the difference between the sums to which such person, persons, or corporation would have been entitled upon the completion of such contract, and that which the said City of East Orange Board of Water Commissioners may be obliged to pay to the person, persons, or corporation by whom such contract shall be executed. The amount of said difference is to be calculated upon the estimated amount of materials to be furnished by which the bids are tested or compared, plus the cost, if any, of re-advertising for bids for this material, service or labor. 31. PAYMENT - All payments shall be made monthly. No penalties shall be assessed against the City for any payment which is made within thirty (30) calendar days from the close of the month in which goods or services were provided, or within thirty (30) calendar days from the receipt of invoices issued by the vendor, or whichever is later. Payment shall be based on itemized consolidated billing, presented after the close of each calendar month. Billing must be accompanied by original itemized invoices. The City/ Board of Water Commissioners will not pay for items that have not been received or for items that have been returned to the vendor. Invoices containing such type items will be adjusted before submission for payment. The Director of the User Agency must execute a final release prior to issuance of payment. 32. TERMINATION FOR DEFAULT - When the contractor has not performed or has unsatisfactorily performed the contract, the City of East Orange Board of Water Commissioners may terminate the contract for default. Upon termination for default, payment may be withheld at the discretion of the City of East Orange Board of Water Commissioners. Failure on the part of a contractor to fulfill the contractual obligations shall be considered just cause for termination of the contract. The contractor will be paid for work satisfactorily performed prior to terminations, less any excess costs incurred by the City of East Orange Board of Water Commissioners in re-procuring and completing the work. 33. TERMINATION FOR CONVENIENCE - The City of East Orange Board of Water Commissioners may terminate a contract in whole, whenever the City determines that such termination is in the best interest of the city, without showing cause, upon given written notice to the contractor. The City of East Orange Board of Water Commissioners shall pay all reasonable costs incurred by the contractor to the date of termination. However, in no event shall the contractor be paid an amount that exceeds the price bid for the work performed. The contractor shall not be reimbursed for any profits which may have been anticipated, but which have not been earned up to the date of termination. 34. LIQUIDATED DAMAGES - In the event the vendor fails to perform the services of this contract/agreement in the manner as specified herein this document shall constitute default of this agreement. The City/ Board of Water Commissioners shall thereupon reserve the right to remedy any situation affecting this agreement, which may include the following provisions: 1. To deduct the cost of remedy from any monies due the vendor. If there are no monies owed, notice will be made to the bonding/or surety company of said default, and such amount will be forfeited by the vendor for same. 2. The right to cancel the contract forthwith upon written notification and to procure such service and/or commodity on the open market and to charge any cost above the original contract price to the defaulted vendor. 35. CONTRACT DOCUMENTS- The contract documents shall consist of the following documents, entitled as follows:
Statutes and Ordinances Bid or Proposal Bid Bond Contract Plan Performance Bond and all supplemental written agreements made or to be made. These are hereby made a part of the contract and are to be considered as one instrument. The intent is to make explanatory one of the other. OTHER CONDITIONS 36. The contractor shall not subcontract, transfer, assign or otherwise dispose of this contract or any part thereof to any other person, company or corporation without the previous written consent from the City of East Orange Board of Water Commissioners.
only provided upon presentation to the Bidder of a purchase order for such goods and/or services, authorized by the director or his authorized representative. The City/ Board of Water Commissioners shall bear no obligation to make payment for any goods and/or services provided by the Bidder without such duly authorized documents. 38. Award of any contract pursuant to these specifications shall in all cases be subject to availability of funds duly appropriated for these purposes. Any contract as awarded shall immediately cease to be in effect ay such time as funds cease to be available for these purposes. 39. Bidder shall comply with the applicable regulations of the Secretary of Labor, United States Department of Labor, made pursuant to the so-called "Anti- Kickback Act" of June 13, 1934 (48 Stat. 948:62 State. 862; title 18 U.S.C., Sec 874; and Title 40 U.S.C. Section 276c) and any amendments or modifications thereto. 40. NON- DISCRIMINATION IN EMPLOYMENT - The contractor shall agree to comply with all Federal and State legislation and regulations governing Fair Employment Practice, including but not limited to, Title VI of the Civil Rights Acts of 1964, Executive Order 11246 September 1965 and the rules, regulations and relevant orders of the Secretary of Labor. No employee of the City of East Orange Board of Water Commissioners or a member of the immediate family of an employee of the City of East Orange may bid for this contract, nor should an employee of the City of East Orange Board of Water Commissioners be an employee of the contractor bidding on this contract. 41. GOODS & SERVICES AND PROFESSIONAL SERVICES- "If awarded a contract, your company/firm will be required to comply with the requirements of P.L. 1975 C.127 (NJAC 17:27)" (see EXHIBIT A)
1975, C. 127 (NJAC 17:27)"
44. NON-COLLUSION - Every bidder submitting a bid shall include an affidavit that no collusion exists between the bidder and (1) any other potential or actual bidder for that same contract agreement, or any officer or employee of the contracting unit. (N.J.S.A. 40A:11-4) 45. WITHHOLDING SERVICES - By entering into this contractual agreement with City of East Orange Board of Water Commissioners, the vendor specifically gives up its right to “Self Help” by withholding services from the City/ Board of Water Commissioners under this contract because of overdue payments or disputes on other agreements or contracts the vendor holds with the City of East Orange Board of Water Commissioners. Failure to comply with this clause shall be construed as a “Default” under the terms and conditions of this contract and shall subject the vendor to General Condition #32. 47. INTERPRETATION, CHALLENGE AND ADDENDA TO BID SPECIFICATIONSa) The bidder understands and agrees that its bid is submitted on the basis of the specifications prepared by the City of East Orange Board of Water Commissioners. The bidder accepts the obligation to become familiar with these specifications. 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. b) In the event the bidder fails to notify the City of East Orange Board of Water Commissioners of such ambiguities, errors or omissions, the bidder shall be bound by the bid. Any prospective bidder who wishes to challenge a bid specification shall file such challenges in writing with the contracting agent no less than three 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 a contract. c) No oral interpretation of the meaning of the specifications will be made to any bidder. Every request for an interpretation shall be in writing, addressed to the Purchasing Agent, Board of Water Commissioners, 99 South Grove Street East Orange, NJ 07018. In order to be given consideration, written requests for interpretation must be received at no less than three (3) business days prior to the date fixed for the opening of the bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications, and will be distributed to all prospective bidders, in accordance with N.J.S.A. 40A:11-23. All addenda so issued shall become part of the contract documents, and shall be acknowledged by the bidder in the bid. The City of East Orange’s Board of Water Commissioners interpretations or corrections thereof shall be final. 48. Bidders shall provide a street address on all bids and related documents (contracts, disclosure statements, etc.) in lieu of a post office box number. All bids submitted with a post office box number in lieu of a legitimate street address may not be considered for award. 49. It is the strong desire of the Board of Water Commissioners that every effort be undertaken to ensure that employment opportunities be provided for East Orange residents to fill positions identified within the scope of this contract. The company shall be required to file written employment reports on a quarterly basis throughout the term of contract with the Purchasing Agent and the Office of the Board of Water Commissioners. 50. CORPORATE OR FORM OF BUSINESS AUTHORITY – Within five (5) days of receipt of a Notice of Intent to Award, the successful bidder shall provide to the City of East Orange Board of Water Commissioners, a Certificate of Incorporation or appropriate document as to the form of business authority. Failure to comply may result in the City’s/ Board of Water Commissioners withdrawing of the Notice of Intent to Award. 51. Any contract for services other than professional services, the statutory length of which contract is for three years or less, may include provisions for no more than one two-year, or two one-year extensions, subject to the following limitations: a. The contract shall be awarded by resolution of the governing body upon a finding by the governing body that the services are being performed in an effective and efficient manner; b. No such contract shall be extended so that it runs for more than a total of five consecutive years; c. Any price change included as part of an extension shall be based upon the price of the original contract as cumulatively adjusted pursuant to any previous adjustment or extension and shall not exceed the change in the index rate [as defined pursuant to N.J.S.A 40A:11-2 (38)] for the 12 months preceding the most recent quarterly calculation available at the time the contract is renewed; and d. The terms and conditions of the contract remain substantially the same.
“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) Vendors can contact the New Jersey Department of Health and Senior Services Right to Know Program for assistance in developing proper labels.
Proof of business registration shall be a copy of a Business Registration Certificate issued by the Department of the Treasury, Division of Revenue. All bidders must submit a copy of their proof of registration with bids. Failure to submit proof of registration (Business Registration Certificate) is considered a mandatory rejection of bids (a non-waivable defect).
“New Jersey Business Registration Requirements” The contractor shall provide written notice to its subcontractors of the responsibility to submit proof of business registration to the contractor. Before final payment on the contract is made by the contracting agency, the contractor shall submit an accurate list and the proof of business registration of each subcontractor or supplier used in the fulfillment of the contract, or shall attest that no subcontractors were used. For the term of the contract, the contractor and each of its affiliates and a subcontractor and each of its affiliates [N.J.S.A. 52:32-44(g)(3)] shall collect and remit to the Director, New Jersey Division of Taxation, the use tax due pursuant to the Sales and Use Tax Act on all sales of tangible personal property delivered into this State, regardless of whether the tangible personal property is intended for a contract with a contracting agency. A business organization that fails to provide a copy of a business registration as required pursuant to section 1 of P.L.2001, c.134 (C.52: 32-44 et al.) or subsection e. or f. of section 92 of P.L.1977, c.110 (C.5: 12-92), or that provides false business registration information under the requirements of either of those sections, shall be liable for a penalty of $25 for each day of violation, not to exceed $50,000 for each business registration copy not properly provided under a contract with a contracting agency.”
“Public Works Contractor Registration Act” (P.L. 1999, c.238, adopted April 11, 2000), all contractors and sub-contractors are required to register with the New Jersey Department of Labor (DOL) prior to bidding or engaging on certain public works contracts whose value exceeds the prevailing wage threshold of $10,743 (N.J.S.A. 34:11-56.48 et seq.). “Public works contracts” are defined as any construction, reconstruction, demolition, alteration, repair or maintenance of a public building regularly open to and used by the general public or a public institution (N.J.S.A. 34:11-56.50). “Contractor” is defined as a person, partnership, association, joint stock company, trust, corporation or other legal business entity or successor thereof who enters into a contract that is subject to the provisions of the New Jersey Prevailing Wage Act (N.J.S.A. 34:11-56). To register a contractor must provide the DOL with its employer identification number, proof of workers’ compensation insurance coverage and a list of company officers. Presently, the initial registration fee is $300 for the first year and $300 for the second year. Upon successful completion of two consecutive years of registration, a contractor may elect to register for a two-year period and pay a registration fee of $500. Registration certificates are valid for one calendar year from the date of registration. A registration certificate must be renewed no less than 30 days before it expires. The DOL shall review the application and make a determination regarding registration within 30 days of receipt of the application. The Act requires that a copy of the contractor’s registration must be submitted with the public bid. Failure to submit the registration is deemed a fatal defect and renders the bid proposal unresponsive, and will result in the mandatory rejection of the bid. EXCEPTION: If the DOL has not issued the contractor’s registration by the deadline for bid submission, the contractor must submit a copy of the registration application as filed with the DOL with their bid proposal. Afterwards, the contractor must submit a copy of the registration to the City once it is approved and issued by the DOL. The contractor must submit a separate copy of the registration (or application) with each bid proposal submitted to the City. A contractor is not required to submit with any bid proposal a copy of the registration for any known or named subcontractors. Once the contract is awarded, the contractor shall be responsible for application and registration compliance by all subcontractors at the time they begin work on or at the project site. Any questions regarding the registration process must be directed to:
New Jersey Department of Labor Division of Wage and Hour Compliance PO Box 389 Trenton, NJ 08625-0389
Facsimile: 609-633-8591 E-mail: contreg@dol.state.nj.us 57. New Jersey “Pay To Play” Law: Pursuant to N.J.S.A. 19A-20.5 et. seq., solicitations through the public bidding process meet the requirements of the fair and open process. revised 01/25/08 Board of Water Commissioners 99 South Grove Street EAST ORANGE, NEW JERSEY 07018
THIS SPACE FOR PURCHASING DIVISION USE ONLY – MAKE NO ENTRIES IN THIS SECTION PRICE SCHEDULE PA NUMBER: VENDOR CODE: DESCRIPTION: 11’ Utility/Crane Body with 8000 ft/lb Crane (or equivalent) START DATE: END DATE: AUTHORIZED LIMIT NOT TO EXCEED: __________________________________________________________________________ VENDOR NAME:
CONTACT PERSON: VENDOR TERMS: FOB POINT: D DELIVERY TIME:
As per attach specification ALL PRICES ARE INCLUSIVE adv: Due: EXHIBIT IPursuant to N.J.S.A. 40A:11-24, in the event the contracting unit is unable to award a bid within sixty (60) days, a consent to request to hold bid for consideration for a longer period will be forwarded to each bidder submitting a bid proposal. Consent Request I, the undersigned, understands that this is a request from the contracting unit and in the event that there are any delays with the awarding of this contract, I agree that the contracting unit may hold my bid proposal for consideration until such time as an award is made, or until ____________. (Expiration Date) Authorized Representative Title Date Information to be completed by the Board of Water Commissioners) VENDOR ____________________________________________________________ BID PROPOSAL 11’ Utility/Crane Body with 8000 ft/lb Crane (or equivalent)
Rev. 7/13/04 EXHIBIT A (N.J.S.A. 10.5-31 and N.J.A.C. 17:27) MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE Goods, Professional Services and General Service Contracts (Mandatory Affirmative Action Language) During the performance of this contract, the contractor agrees as follows: The contractor or subcontractor, as 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, or sex. Except with respect to affectional or sexual orientation, the contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, or sex. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this non-discrimination clause. The contractor or subcontractor, where applicable will, in all solicitations or advertisement 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, or sex. The contractor or subcontractor, where applicable, will send to each labor union or representative or workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor’s commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor or subcontractor, where applicable, agrees to comply with the regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act. The contractor or subcontractor agrees to make good faith efforts to employ minority and women workers consistent with the applicable county employment goals established in accordance with N.J.A.C. 17:27-5.2 or a binding determination of the applicable county employment goals determined by the Division, pursuant to N.J.A.C. 17:27-5.2. EXHIBIT A (cont’d) Page 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, labor unions, that it does not discriminate on the basis of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, or sex, and that it will 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 applicable employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions. The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents: Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302
9/9/05 updated vers. revised 1/12/06
BIDDER MUST SPECIFY WHETHER BIDDING AS AN INDIVIDUAL, PARTNERSHIP OR CORPORATION AND FILL IN THE APPROPRIATE SECTION SHOWN HEREIN. N.J. STATE STATUE REQUIRES CORPORATION AND PARTNERSHIP BIDDING FOR CITY CONTRACTS TO SUBMIT A LIST OF THE NAMES AND ADDRESSES OF ALL STOCKHOLDERS OWNING 10% OR MORE OF THE STOCK OF THE CORPORATION, OR IN THE CASE OF A PARTNERSHIP, THE NAME AND ADDRESSES OF THOSE PARTNERS OWNING A 10% OR GREATER INTEREST THEREIN: INDIVIDUAL: (IF AN INDIVIDUAL, FILL IN THE FOLLOWING) FULL NAME OF INDIVIDUAL:_____________________________________________________________________________ TRADING AS: ___________________________________________________________________________________________________ SOCIAL SECURITY # OR FID#__________________________________________________ PARTNERSHIP NAME: _____________________________________________________________________________________________ T/A FID#________________________________________________ FULL NAME OF EACH PARTNER FULL ADDRESS OF EACH PARTNER ________________________________________________________________ ________________________________________________________________ ______________________________________________ _______________________________________________________________ _ CORPORATION NAME: FID#______________________________________ FULL NAME OF OFFICER SIGNING BID:_______________________________________________________________________________ TITLE OF OFFICER SIGNING BID: ___________________________________________________________________________________ NAME OF STATE IN WHICH COMPANY IS INCORPORATED:_____________________________________________________________ NAME AND ADDRESS OF EACH STOCKHOLDER OWNING 10% OR MORE OF THE CORPORATION STOCK: OR NONE [ ] _____________________________________________ _________________________________________________________________ _____________________________________________ _________________________________________________________________ _____________________________________________ _________________________________________________________________ NOTE: NO POST OFFICE BOX NUMBER ACCEPTED, FULL STREET ADDRESS ONLY. CRIMINAL CONVICTION TO SERVE AS GROUNDS FOR DISQUALIFICATION FROM AWARD OF CONTRACT: Bidder must disclose whether any person(s) named above have a criminal conviction in any Municipal, County, State or Federal Court, in this State or any other State. yes [ ] no [ ] Any rejection by the City/ Board of Water Commissioners, based upon a prior conviction, shall not take place unless and until there has been a responsibility hearing held by the City/ Board of Water Commissioners. Also, bidder must report any conviction of any person(s) named above in any Municipal, County, State or Federal Court during the contract or agreement period to the Corporation Counsel of the City. Any termination by the City/ Board of Water Commissioners, based upon a subsequent conviction, shall not take place unless and until there has been a responsibility hearing held by the City/ Board of Water Commissioners. _______________________________________________________________________________________________ AFFIX CORPORATE Signature & Title Date SEAL HERE DCP-Rev.5/95;8/02,04/03 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER State of ___________________________________ County of __________________________________ ______________________________________________, Being First Duly Sworn, Deposes and Says that: (1) He/She is (owner, partner, officer, representative or agent) of _____________________________, the Bidder that has submitted the attached Bid;
respecting such Bid; (3) Such Bid is genuine and is not a collusive or sham bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affidavit has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from Bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder or to fix any overhead, profit or cost element of the Bid price of any other Bidder or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of East Orange Board of Water Commissioners (Local Public Agency) or any person interested in the proposed Contract and; (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affidavit.
(Signed) ____________________________________________ _____________________________________________ Title
this ______ day of _____________, 20 _____ _____________________________________
Title
My Commission Expires _________ BOARD OF WATER COMMISSION QUESTIONAIRE / REFERENCE LIST THIS QUESTIONAIRE MUST BE COMPLETED BY THE BIDDER. PLEASE COMPLETE IT THOROUGHLY. 1) What is your Company Name? ________________________________________________________________________________ 2) What is your business address? ________________________________________________________________________________ __________________________________________________________________________________ 3) What is the length of time bidder has conducted business from this address? _____________________________________________ 4) Give the number of years the Company has operated. ________________ years. 5) What is the nature of bidder's business? __________________________________________________________________________ 6) State number of employees employed by bidder. _____________ full time ______________ part time 7) State the name and branch of the bank used in your financial business affairs. ____________________________________________ _________________________________________________________________________________________________________ 8) Provide three (3) references below of your most recent contractual projects. Complete All blanks. A. Company ___________________________________________________ Start Date _____________ Completion _________ Address _____________________________________________________________ No. of Employees ____________ Contact Person _______________________________________________ Telephone No. ______________________________ Total amount of Contract $ _____________________________ Type of Commodity/Service ___________________________ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B. Company ___________________________________________________ Start Date___________ Completion __________ Address _____________________________________________________________ No. of Employees ____________ Contact Person _______________________________________________ Telephone No. ______________________________ Total amount of Contract $ _____________________________ Type of Commodity/Service ___________________________ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C. Company ___________________________________________________ Start Date___________ Completion ___________ Address _____________________________________________________________ No. of Employees ___________ Contact Person _______________________________________________ Telephone No. ______________________________ Total amount of Contract $ _____________________________ Type of Commodity/Service ___________________________ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Print Name of Person Completing Form _____________________________________________________ Signature ______________________________________________________ Date __________________ Title __________________________________________________________________________________ 8/98 REVIEW CRITERIA FOR EVALUATION OF BIDS TO AWARD
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