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Supplemental Snow Removal Services 2021-2023
BID #: 36
ISSUED: 9/10/2021
DUE: 9/21/2021
VALUE: TBD
55
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Executive Summary
This bid opportunity is for supplemental snow removal services for the Township of East Brunswick during the 2021-2023 snow seasons. The Township is seeking contractors to provide snow plowing services on roadways, operating continuously until the roads are cleared. Bidders must provide their own fuel, repairs, insurance, and supervision. All vehicles must be equipped with amber safety lights. Bids are due by September 21, 2021, at 11:00 a.m.
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Bid Postings • Supplemental Snow Removal Services 2021-2023 Skip to Main Content Home Contact Us Accessibility Site Map /QuickLinks.aspx About EB Community Departments Government Recreation & Parks Public Safety Search Township Home Page Recreation & Parks Public Safety Township Clerk Home Bid Postings Print Sign up to receive a text message or email when new bids are added! Print Bid Number: Bid Due Sept 21, 2021 @ 11 am Bid Title: Supplemental Snow Removal Services 2021-2023 Category: Bid Postings Status: Closed Publication Date/Time: 9/10/2021 8:00 AM Closing Date/Time: 9/21/2021 11:00 AM Related Documents: 2021-23 Supplemental Snow Removal Bid Return To Main Bid Postings Page Live Edit Legal Notices & Public Documents Recreation & Parks Registration Solid Waste & Recycling Taxes, Utilities & Online Payments EB Codebook Ice Arena Contact Us East Brunswick Municipal Building 1 Jean Walling Civic Center Drive | East Brunswick, NJ 08816 Phone Directory | Email Home Contact Us Accessibility Site Map /QuickLinks.aspx Quick Links Bid Opportunities OPRA Requests Job Vacancies CivicReady Alerts Public Documents & Legal Notices /QuickLinks.aspx Government Websites by CivicPlus® Loading Loading Do Not Show Again Close Arrow Left Arrow Right [] Slideshow Left Arrow Slideshow Right Arrow
Document Text
--- Document: 2021-23 Supplemental Snow Removal Bid ---
SPECIFICATIONS
FOR
SUPPLEMENTAL SNOW REMOVAL
SERVICES 2021-2023
TOWNSHIP OF EAST BRUNSWICK
MIDDLESEX COUNTY
NEW JERSEY
Bid Date: September 21, 2021 at 11:00 am
DIVISION OF HUMAN RESOURCES
P.O. BOX 1081
1 JEAN WALLING CIVIC CENTER
EAST BRUNSWICK, NJ 08816
732-390-6819
TOWNSHIP OF EAST BRUNSWICK
COUNTY OF MIDDLESEX
NOTICE TO BIDDERS
Notice is hereby given that on (day, date and time) sealed bids will be opened and read in public by the
Municipal Clerk of the Township of East Brunswick, 1 Civic Center Drive, East Brunswick, New Jersey
08816, First Floor, Large Conference Room for: SUPPLEMENTAL SNOW REMOVAL SERVICES
2021-2023.
BID OPENING DATE:
September 21, 2021 at 11:00 a.m.
Bids shall be delivered in sealed envelopes and addressed to the Municipal Clerk, 1 Civic Center Drive,
East Brunswick, New Jersey 08816 clearly marked on the outside with the contract name and number,
bearing the name and address of the bidder on the outside. Bids may be hand delivered or mailed to the
above address. Only the Township’s Bid Forms included with the specifications will be acceptable.
Bidders bear all responsibility for timely delivery of their bids. Any bid received after the date and time
stated above will be returned, unopened, to the bidder.
A certified check, cashier's check or bid bond in the amount of ten per cent (10%) of the bid, but in no case
in excess of twenty thousand dollars ($20,000), must be submitted with the bid guaranteeing that if a contract
is awarded, the bidder shall execute the contract. If applicable, Bidders must also submit a Consent of
Surety with the bid, wherein the Surety agrees to furnish a performance bond equal to one hundred per cent
(100%) of the full amount of the contract if the Bidder is awarded the contract. If applicable, a Performance
Bond must be furnished by the successful Bidder simultaneously with the delivery of the executed contract.
Specifications and other bid information may be obtained at the Division of Human Resources during the
hours of 8:00 am to 4:30 pm, Monday thru Friday or by written request via email from
purchasing@eastbrunswick.org. Questions regarding the bid specifications must be submitted in writing
by email to: purchasing@eastbrunswick.org. Written questions and inquiries must be received no later than
five (5) business days prior to the bid opening date.
Bidders are required to comply with the requirements of N.J.S.A. 10:5-31 et seq., N.J.A.C. 17:27, et seq.,
N.J.S.A. 52:32-44, and all other applicable statutes, laws or regulations.
The Township reserves the right to reject any and all bids under the provisions of N.J.S.A. 40A:11-13.2.
The Township also reserves the right to waive any minor irregularity or technicality in bids. In the case of
tie bids, the Township shall have the authority to award the contract to the Bidder the Township, in its sole
discretion, selects.
BY ORDER of the Township Council of the Township of East Brunswick.
Nennette Perry
Municipal Clerk
1
INSTRUCTIONS TO BIDDERS
I. GENERAL REQUIREMENTS
1.
SUBMISSION OF BIDS
A.
Sealed bids hand delivered, mailed or sent by courier will be received by the Township at
the time and place designated in the Notice to Bidders. At that time and place, all bids will be publicly
opened and read aloud.
B.
All bids must be submitted in a sealed envelope using the enclosed “Sealed Submission
Label for Bid/ Proposal.”
C.
The Township disclaims any responsibility for the timely arrival of bids. It is the Bidder’s
responsibility to see that bids are received by the Township at the time and at the place designated. Bids
received after the designated time and date will be returned unopened.
D.
All prices and amounts must be written in ink or preferably typewritten. Bids containing
any conditions, omissions, erasures or alterations, items not called for in the bid proposal form, attachment
of information not required by the specifications, or irregularities of any kind, may be rejected by the
Township. Any changes, white-outs, strikeouts, etc. on the proposal form must be initialed in ink by the
person responsible for signing the bid.
E.
No bid may be withdrawn after the bids have been opened. Sealed bids forwarded to the
Township before the time of opening of bids may be withdrawn upon written application of the Bidder who
shall be required to produce evidence showing that the individual is the Bidder or represents the Bidder.
After bids have been opened, bid prices must remain firm for a period of sixty (60) calendar days.
F.
The Township reserves the right to reject any or all bids in accordance with law, waive
minor irregularities and technicalities, request rebids, and award bids in part or whole as the Township
deems will best serve its interests.
2.
BID PROPOSAL FORM
A.
Bids must be submitted on the Bid Proposal Form included with this packet. Proposals
on forms other than the Form provided will not be accepted.
B.
The Bid Proposal Form must include the Bidder’s full business address, phone number, fax,
email, name of the contact person. The Form must be signed by an authorized representative as follows:
Partnerships must furnish the names of all partners and the Form must be signed by one of
the partners, or an authorized representative, on behalf of the partnership.
A bid by a corporation must state the full corporate name, designate the state in which the
business is incorporated, and be signed by the president, secretary, or other person
authorized to bind the corporation.
A bid by a sole proprietor must be signed by the sole proprietor.
The Township reserves the right to request evidence of the authority of anyone signing a
Bid Proposal Form.
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3.
BID PRICING
A. The Township is exempt from local, state, federal and sales and use taxes.
B.
Bidders must insert prices for furnishing all of the materials and/or labor required by these
specifications. Prices shall be net, including any charges for packing, crating, containers, or any other labor
or materials required by these specifications. All transportation charges shall be fully prepaid by the
contractor F.O.B. destination and placement at locations specified by the Township. As specified,
placement may require inside deliveries. No additional charges will be allowed for any transportation costs
resulting from partial shipments made at the contractor’s convenience.
C.
The successful Bidder shall be responsible for obtaining any applicable permits, licenses,
or other government approvals required to supply the goods or perform the services requested in the Notice
to Bidders. Bidders should include the cost of such licenses or permits in their bids.
D.
Estimated Quantities (Open-End Contracts). The Township has attempted to identify the
item(s) and the estimated amount of each item bid to cover its requirements; however, past experience shows
that the amount ordered may be different than that submitted for bidding. In the event the bid is for an
estimated quantity of items, the Township reserves the right to decrease or increase the quantities specified
in the specifications pursuant to N.J.A.C. 5:30-11.2 and 11.10. The Township does not guarantee or imply
any minimum purchase.
4.
INTERPRETATION AND ADDENDA
A.
The Bidder understands and agrees that its bid is submitted on the basis of the specifications
prepared by the Township. The Bidder accepts the obligation to become familiar with these specifications.
B.
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 appropriate official. In the event the Bidder fails to notify the Township of such
ambiguities, errors or omissions, the Bidder shall be bound by the bid.
C.
No oral interpretation of the meaning of the specifications will be made to any Bidder.
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 Township’s interpretations or corrections thereof shall be final.
D.
Discrepancies in Bids
-
If the amount shown in words and its equivalent in figures do not agree, the written
words shall be binding. Ditto marks are not considered writing or printing and shall
not be used.
-
In the event that there is a discrepancy between the unit prices and the extended totals,
the unit prices shall prevail. In the event there is an error of the summation of the
extended totals, the computation by the Township of the extended totals shall govern.
-
The attachment of any conditions, limitations, or ancillary provisions by a Bidder to
the bid proposal will cause the bid to be classified as irregular and will render the bid
subject to rejection.
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5.
BRAND NAMES, STANDARD OF QUALITY AND PERFORMANCE
A. Brand names or descriptions used in the specifications are used for the purpose of advising
Bidders of the types of goods and services desired and will be used as a standard by which equivalent goods
and services offered by Bidders will be measured.
B.
Bidders must fully identify variations between the goods and services described and the
goods and services offered, and include this information with their Bid Proposal Forms. The Township
will not accept vendor brochures, sales literature or the like as identification of the variations. In the
absence of any exceptions by the Bidder, the Township will assume that the Bidder will provide the goods
or services as described in the specs.
C.
It is the Bidders’ responsibility to document or demonstrate the equivalency of the goods
and services offered. The Township reserves the right to evaluate the purported equivalent goods and
services.
D.
By submitting a bid, the Bidder certifies that the goods and services to be furnished will not
infringe upon any valid patent or trademark and that the successful Bidder shall, at its own expense, defend
any action or suit charging such infringement, and shall also save the Township harmless from any damages
resulting from such judgment.
E.
Whenever available, only manufactured and farm products of the United States shall be
used pursuant to N.J.S.A. 40A:11-18.
F.
The successful Bidder shall guarantee any and all goods and services supplies in response
to the Notice to Bid and the Township’s specifications and instructions. The successful Bidder shall be
responsible to replace defective or inferior goods at its expense, including freight and restocking charges.
G.
Materials and equipment supplied by the successful Bidder are subject to inspection by the
Township with regard to the quality and quantity requirements of the bid. Samples of supplies or materials
may be taken at random from stock for submission to a commercial laboratory. If reports indicate that the
materials do not meet the bid specifications, the cost of the analysis shall be borne by the successful Bidder.
H.
The Bidder shall warrant all materials and services supplied under these specifications. The
warranty shall include warranty of title, merchantability, fitness for a particular purpose and such other
warranties that arise from the course of dealing or usage of trade. Defective or inferior items shall be
replaced at the expense of the successful Bidder, who share also bear any return freight and restocking
charges.
6.
PAY TO PLAY
Pursuant to N.J.S.A. 19:44A-20.27, goods and services providers doing business with public entities must
file an annual disclosure statement of political contributions with the New Jersey Election Law Enforcement
Commission (ELEC) if they receive contracts in excess of $50,000 per year from public entities.
Bidders are responsible for determining whether a filing with ELEC is necessary. Additional information
on this matter may be obtained from ELEC at 888-313-3532 or at www.elec.state.nj.us.
7.
AWARD OF CONTRACT
A.
Any contract, if awarded, shall be awarded within sixty (60) days of the bid opening, except
that the bids of any Bidders who consent may, at the request of the Township, be held for consideration for
such longer period as may be agreed. The contract award shall be made on the lowest responsible base
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price plus alternates (if any) selected by the Township. Alternates shall be awarded in accordance with
N.J.S.A. 40A:11-23.1. If a contract is to be awarded on the base price plus any alternates, the award will
be to the Bidder with the lowest responsible net bid. In the event of a discrepancy regarding the method of
award between this paragraph and the bid specifications, the bid specifications shall control.
B.
Pursuant to N.J.A.C. 5:30-5.1, any contract entered into as a result of this bid process and
any contract extension shall be subject to the availability and appropriation of sufficient funds. In
accordance with 40A:11-15, any price increases shall not exceed the change in the index rate for the 12
months preceding the most recent quarterly calculation available at the time the contract is renewed
C. If the bid includes unit pricing, the Township may award a bid based on the unit prices.
D.
Service contracts shall be for one year unless subject to an exemption pursuant to N.J.S.A.
40A:11-15 or the specifications provide otherwise.
Contract shall be awarded for a period of two (2) years.
The contract may be renewed for one (1) one-year extension, upon mutual agreement of the township and
the contractor/vendor. In accordance with 40A:11-15, any price increases shall not exceed the change in
the index rate for the 12 months preceding the most recent quarterly calculation available at the time the
contract is renewed. The contract is subject to the availability and appropriation annually of sufficient funds
as may be required to meet the extended obligation.
E.
Pursuant to requirements of N.J.A.C. 5:30-5.1 et seq., any contract resulting from this bid
shall be subject to availability and appropriation of sufficient funds annually.
F.
The failure of the successful Bidder to execute the contract within fourteen (14) days after
it is awarded shall be sufficient cause for the Township to rescind the award. The Township may then, at
its option accept the bid of the next lowest responsible Bidder. In this event, the Bidder shall forfeit the bid
security to the Township. Such forfeiture shall be considered as liquidated damages, and not a penalty, for
the delay and additional expense incurred by the Township due to the Bidder’s failure to comply with the
requirements of the bid.
8.
DELIVERY
Where applicable, delivery of goods purchased shall be made within twenty-one (21) calendar days after
award of bid. Prices bid must be F.O.B. delivered to the Township.
9.
PAYMENT OF CONTRACT
A.
No payment will be made unless duly authorized by the Township’s authorized
representative and accompanied by proper documentation.
B.
Payment will be made upon submission of duly executed vouchers, signed by the
Township’s authorized representative in accordance with the Township’s policy and procedures.
10.
INDEMNIFICATION
A.
The successful Bidder shall agree to indemnify and hold harmless the Township, its
employees, officers and officials from any liability to subcontractors and suppliers concerning payment for
work performed or goods supplied arising out of the lawful termination of the contract by the Township
pursuant to Section 13, Termination of Contract.
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B.
The successful Bidder shall indemnify and hold harmless the Township, employees,
officers and officials from all claims, suits or actions, and damages or costs of every name and description
to which the Township may be subjected or put by reason of injury to the person or property of another, or
the property of the Township, resulting from the successful Bidder’s negligent acts or omissions or the
negligent acts or omissions of the successful Bidder’s agents, employees, subcontractors or suppliers in the
delivery of goods or services or the performance of work.
11.
INSURANCE
Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damages to property which may arise from
or in connection with the performance of the work hereunder and the results of that
work by the Contractor, his agents, representatives, employees or subcontractors.
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01
covering CGL on an “occurrence” basis, including products and completed operations,
property damage, bodily injury and personal & advertising injury with limits no less than
$1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate
limit shall apply separately to this project/location or the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if
Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit
no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of New Jersey, with Statutory Limits,
and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for
bodily injury or disease.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The Township of East Brunswick, its officers, officials, employees, and volunteers
are to be covered as additional insureds on the CGL policy with respect to liability
arising out of work or operations performed by or on behalf of the Contractor
including materials, parts, or equipment furnished in connection with such work or
operations.
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall
be primary coverage as respects the Township of East Brunswick, its officers,
officials, employees, and volunteers.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be
canceled, except with notice to the Township of East Brunswick.
Waiver of Subrogation
Contractor hereby grants to Township of East Brunswick a waiver of any right to
subrogation which any insurer of said Contractor may acquire against the
Township by virtue of the payment of any loss under such insurance. Contractor
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agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the Township
of East Brunswick has received a waiver of subrogation endorsement from the
insurer.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the State
with a current A.M. Best’s rating of no less than A:VII, unless otherwise
acceptable to the Township of East Brunswick.
Verification of Coverage
Contractor shall furnish the Township of East Brunswick with Certificates of Insurance
evidencing all coverages as outlined before work begins.
Special Risks or Circumstances
Township of East Brunswick reserves the right to modify these requirements,
including limits, based on the nature of the risk, prior experience, insurer,
coverage, or other special circumstances.
12.
ASSIGNMENT
The successful Bidder shall not assign, transfer, convey, sublet or otherwise dispose of the contract or any
part thereof to anyone without the Township’s written consent. In the event that, during the term of the
contract, the successful Bidder disposes of its business by or through acquisition, merger, sale or transfer or
any other means of conveyance of the interest of the business, and all of the successful Bidder’s obligations
under the contract are thereby transferred, the transferee shall provide the Township with all documentation,
certifications and assurances provided initially by the successful Bidder. The Township reserves the right
to approve the transferee entity.
13.
TERMINATION OF CONTRACT
A.
If through any cause, the contractor shall fail to perform its obligations under the contract
in a timely and proper manner, or if the contractor shall violate any of the requirements of the contract, the
Township shall have the right to terminate the contract by giving written notice of such termination and
specifying the effective date of termination. Such termination shall relieve the Township of any obligation
to pay the contractor the balance remaining under the contract. The Township will pay only for goods and
services accepted prior to termination.
B.
Notwithstanding the above, the contractor shall not be relieved of liability to the Township
for damages sustained because of its breach, and the Township may withhold payments to the contractor
for the purpose of compensation until such time as the exact amount of the damage due the Township from
the contractor is determined.
C.
The contractor shall indemnify and hold the Township harmless from any liability to
subcontractors/suppliers concerning payment for work performed or goods supplied arising out of the lawful
termination of the contract by the Township under this provision.
D.
In case of default by the contractor, the Township may procure the goods or services from
other sources and hold the contractor responsible for any excess cost incurred.
E.
Continuation of the term of the contract beyond the fiscal year is contingent on availability
of funds in the following year’s budget. In the event of unavailability of such funds, the Township reserves
the right to cancel the contract.
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F.
The Township shall reserve the right to terminate the contract for convenience on 60
calendar days’ notice to the successful Bidder.
14.
CAUSES FOR REJECTING BIDS
Bids may be rejected for any of the following reasons:
A.
All bids pursuant to N.J.S.A. 40A:11-13.2;
B.
If more than one bid is received from an individual, firm or partnership, corporation or
association under the same name;
C.
Multiple bids from an agent representing competing bidders;
D.
The bid is inappropriately unbalanced;
E.
The Township has had previous negative experience with the Bidder. See N.J.S.A.
40A:11-4b.
8
BIDDERS DISCLOSURES AND CERTIFICATIONS
1.
AFFIRMATIVE ACTION CERTIFICATION
No firm may be issued a contract unless it complies with the affirmative action provisions of N.J.S.A. 10:5-
31 et seq. and N.J.A.C. 17:27-1 et seq. The following information summarizes the full, required regulatory
text, which is included as Appendix A of these bid specifications.
A. Goods and Services (including professional services) Contracts
Each contractor shall submit to the public agency, after notification of award but prior to execution of a
goods and services contract, one of the following three documents:
i. A photocopy of a valid letter that the contractor is operating under an existing Federally approved
or sanctioned affirmative action program (good for one year from the date of the letter); or
ii. A photocopy of a Certificate of Employee Information Report approval, issued in accordance
with N.J.A.C. 17:27-4; or
iii. A photocopy of an Employee Information Report (Form AA 302) provided by the Division and
distributed to the public agency to be completed by the contractor in accordance with N.J.A.C.
17:27-4.
B. Maintenance and Construction Contracts
After notification of award, but prior to signing the contract, the contractor shall submit to the public agency
compliance officer and the Division of Contract Compliance and Equal Employment Opportunity in Public
Contracts (Division) an initial project workforce report (Form AA201) provided to the public agency by the
Division for distribution to and completion by the contractor, in accordance with N.J.A.C. 17:27-7.
The contractor shall also submit a copy of the Monthly Project Workforce Report once a month thereafter
for the duration of the contract to the Division and to the public agency compliance officer. The contractor
shall also cooperate with the public agency in the payment of budgeted funds, as is necessary, for on-the
job and/or off-the-job programs for outreach and training of minorities and women.
2.
AMERICANS WITH DISABILITIES ACT OF 1990
Discrimination on the basis of disability in contracting for the purchase of goods and services is prohibited.
Bidders are required to read Americans with Disabilities language that is included as Appendix B of these
specifications and agree that the provisions of Title II of the Act are made a part of the contract. The
contractor is obligated to comply with the Act and to hold the Township harmless.
3.
STOCKHOLDER DISCLOSURE
N.J.S.A. 52:25-24.2 provides that no corporation or partnership shall be awarded any contract for the
performance of any work or the furnishing of any goods and services, unless, prior to the receipt of the bid
or accompanying the bid of said corporation or partnership, bidders shall submit a statement setting forth
the names and addresses of all stockholders in the corporation or partnership who own ten percent or more
of its stock of any class, or of all individual partners in the partnership who own a ten percent or greater
interest therein. The included Statement of Ownership shall be completed and attached to the bid proposal.
This requirement applies to all forms of corporations and partnerships, including, but not limited to, limited
partnerships, limited liability corporations, limited liability partnerships and Subchapter S corporations.
Failure to submit a stockholder disclosure document shall result in rejection of the bid.
9
4.
PROOF OF BUSINESS REGISTRATION
A.
N.J.S.A. 52:32-44 requires that a Bidder shall provide the Township agency with proof of its
business registration and that of any named subcontractor prior to the time a contract, purchase order, or other
contracting document is awarded. A Bidder’s inability to produce a Business Registration Certificate (BRC)
prior to award of contract will disqualify the Bidder. A BRC may be obtained from the New Jersey Division
of Revenue. Information on obtaining a BRC is available on the internet at www.nj.gov/njbgs or by phone
at (609) 292-1730. N.J.S.A. 52:32-44 also requires the Bidder to provide written notice to its subcontractors
and suppliers to submit proof of business registration to the Bidder.
B.
A contractor (Bidder), subcontractor or supplier who fails to provide proof of business
registration or provides false business registration information shall be liable to a penalty of $25 for each
day of violation, not to exceed $50,000 for each business registration not properly provided or maintained
under a contract with a contracting agency. Information on the law and its requirements is available by
calling (609) 292-1730.
5.
FORMS THAT MAY BE APPLICABLE TO THIS BID
The following forms may be applicable to this bid. If there is an “X” in the box preceding a provision
listed below, that provision is a requirement of this bid. Read the description carefully, as some items
must be submitted with the bid, some items must be submitted prior to or at the time the contract is executed,
and some items will require the successful Bidder’s compliance during the term of its contract with the
Township. If the provision is required by law for the contract, it will be required, whether or not it has
been marked with an “X.”
A.
Bid Guarantee. Bidders shall submit with the bid a certified check, cashier’s check or
bid bond in the amount of ten percent (10%) of the total price bid, but not in excess of $20,000,
payable unconditionally to the Township. If a Bid Bond is to be submitted, it must contain Power
of Attorney for the full amount of the Bid Bond from a surety company authorized to do business
in the state of New Jersey, and acceptable to the Township. The checks or bonds of the
unsuccessful Bidders shall be returned pursuant to N.J.S.A. 40A:11-24(a). The check or bond of
the successful Bidder shall be retained by the Township until a contract is executed and the required
performance bond or other security is submitted. The check or bond of the successful Bidder shall
be forfeited if the Bidder fails to enter into a contract pursuant to N.J.S.A. 40A: 11-21.
B.
Consent of Surety. Bidders shall submit with the bid a Consent of Surety with power of
attorney for the full amount of the bid price from a surety company authorized to do business in the
State of New Jersey and acceptable to the Township. The Consent of Surety shall state that if the
Bidder is awarded the bid contract, the surety will provide the Bidder with a performance bond in
the full amount of the bid. The consent of surety is required to confirm that the Bidder to whom
the contract is awarded will furnish performance and payment bonds from an acceptable surety
company on behalf of itself, any or all subcontractors or by each respective subcontractor or by any
combination thereof, which results in performance security equal to the total amount of the contract,
pursuant to N.J.S.A. 40A:11-22.
C.
Non-Collusion Affidavit. This affidavit must be submitted with the bid. It must be signed
by the Bidder or the Bidder’s authorized representative and the signature must be notarized. Failure
to submit this affidavit will cause the Township to reject the bid.
D.
Performance Bond. Bidders shall be prepared to submit simultaneously with the delivery
of the executed contract, an executed bond in the amount of one hundred percent (100%) of the
acceptable bid as security for the faithful performance of the contract. The performance bond shall
X
X
X
10
not be released until final acceptance of the whole work and then only if any liens or claims have
been satisfied. The surety on such bond or bonds shall be a surety company authorized to do
business in the State of New Jersey, and acceptable to the Township. Failure to submit a
performance bond shall be cause for the Township to declare the contract null and void, and to
retain the successful Bidder’s bid bond as liquidated damages.
E.
Labor and Materials (Payment) Bond. Bidders shall be prepared to submit simultaneously
with the delivery of the executed contract and a performance bond, a payment bond that will
guarantee payment to the Bidder’s laborers and suppliers for the labor and material used in the work
to be performed under the contract. Failure to submit a labor and material bond shall be cause for
the Township to declare the contract null and void, and to retain the successful Bidder’s bid bond
as liquidated damages.
F.
New Jersey Worker and Community Right to Know Act. Pursuant to N.J.S.A. 34:5A-1
et seq., the New Jersey Department of Health has adopted a Workplace Hazardous Substance List
(N.J.A.C. 8:59-9) which includes substances that pose a threat to the health and safety of employees.
Each Bidder must furnish the Township a “Material Safety Data Sheet” for each product it supplies
the Township that contains a substance listed on the Hazardous Substance List. Also, in
compliance with the Uniform Labeling requirement, a label shall be affixed to or stenciled on any
product delivered to the Township that contains a Hazardous Substance.
G.
Prevailing Wage Act. Pursuant to N.J.S.A. 34:11-56.25 et seq., contractors on projects for
public work shall adhere to all requirements of the New Jersey Prevailing Wage Act. The contractor
shall be required to submit a certified payroll record to the owner within ten (10) days of the
payment of the wages. The contractor is also responsible for obtaining and submitting all
subcontractors’ certified payroll records within the aforementioned time period. The contractor
shall submit said certified payrolls in the form set forth in N.J.A.C. 12:60-6.1(c). It is the
contractor’s responsibility to obtain any additional copies of the certified payroll form to be
submitted by contacting the New Jersey Department of Labor and Workforce Development,
Division
of
Workplace
Standards.
Additional
information
is
available
at
www.state.nj.us/labor/lsse/lspubcon.html.
H.
The Public Works Contractor Registration Act. N.J.S.A. 34:11-56.48 et seq. requires that
a general or prime contractor and any listed subcontractors named in the contractor’s bid proposal
shall possess a certificate at the time the bid proposal is submitted. After bid proposals are received
and prior to award of contract, the successful contractor shall submit a copy of the contractor’s
certification along with those of all listed subcontractors. All non-listed subcontractors and lower
tier sub-contractors shall be registered prior to starting work on the project. It is the general
contractor’s responsibility that all non-listed subcontractors at any tier have their certificate prior to
starting work on the job.
Under the law a “contractor” is “a person, partnership, association, joint stock company, trust,
corporation or other legal business entity or successor thereof who enters into a contract” which is
subject to the provisions of the New Jersey Prevailing Wage Act [N.J.S.A. 34:11-56.25, et seq.] It
applies to contractors based in New Jersey or in another state.
The law defines “public works projects” as contracts for “public work” as defined in the Prevailing
Wage statute [N.J.S.A. 34:11-56.26(5)]. The term means:
“Construction, reconstruction, demolition, alteration, or repair work, or
maintenance work, including painting and decorating, done under contract and
paid for in whole or in part out of the funds of a public body, except work
performed under a rehabilitation program.
X
11
“Public work” shall also mean construction, reconstruction, demolition, alteration,
or repair work, done on any property or premises, whether or not the work is paid
for from public funds…”
“Maintenance work” means the repair of existing facilities when the size, type or
extent of such facilities is not thereby changed or increased. While “maintenance”
includes painting and decorating and is covered under the law, it does not include
work such as routine landscape maintenance or janitorial services.
To register, a contractor must provide the State Department of Labor with a full and accurately
completed
application
form.
The
form
is
available
online
at
www.state.nj.us/labor/lsse/lspubcon.html.
N.J.S.A. 34:11-56.55 specifically prohibits the Township from accepting applications for
registration as a substitute for a certificate of registration.
I.
Maintenance Bond. Upon acceptance of the work by the owner, the contractor shall submit
a maintenance bond (N.J.S.A. 40A:11-16.3) in an amount not to exceed ______% of the project
costs guaranteeing against defective quality of work or materials for the period of _____ years.
12
APPENDIX A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127)
N.J.A.C. 17:27
(Mandatory Affirmative Action Language)
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate against any employee
or applicant for employment because of age, race, creed, color, national origin, ancestry, marital
status, affectional or sexual orientation, gender identity or expression, disability, nationality or
sex. Except with respect to affectional or sexual orientation and gender identity or expression,
the contractor will 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, gender
identity or expression, disability, nationality 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 nondiscrimination clause.
The contractor or subcontractor, where applicable will, in all solicitations or advertisements
for employees placed by or on behalf of the contractor, state that all qualified applicants will
receive consideration for employment without regard to age, race, creed, color, national origin,
ancestry, marital status, affectional or sexual orientation, gender identity or expression,
disability, nationality or sex.
The contractor or subcontractor, 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 any regulations
promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and
supplemented from time to time and the Americans with Disabilities Act.
The contractor or subcontractor agrees to make good faith efforts to employ minority and
women workers consistent with the applicable county employment goals established in
accordance with N.J.A.C. l7:27-5.2, or a binding determination of the applicable county
employment goals determined by the Division, pursuant to N.J.A.C. 17:27-5.2.
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, creed, color, national
origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression,
13
disability, nationality 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, creed, color, national origin, ancestry, marital
status, affectional or sexual orientation, gender identity or expression, disability, nationality or
sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable
Federal law and applicable Federal court decisions.
The contractor shall submit to the public agency, after notification of award but prior to
execution of a goods and services contract, one of the following three documents:
Letter of Federal Affirmative Action Plan Approval
Certificate of Employee Information Report
Employee Information Report Form AA302
The contractor and its subcontractors shall furnish such reports or other documents to the
Div. of Contract Compliance & EEO as may be requested by the office from time to time in
order to carry out the purposes of these regulations, and public agencies shall furnish such
information as may be requested by the Div. of Contract Compliance & EEO for conducting a
compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C.
17:27.
14
APPENDIX B
AMERICANS WITH DISABILITIES ACT
The federal Americans with Disabilities Act of 1990 requires bid specifications and contracts to
contain language that prohibits discrimination on the basis of disability by public entities in all services,
programs and activities provided or made available by public entities. The following language shall be part
of any contract awarded under these specifications:
The contractor and the Township of East Brunswick, (hereafter “owner”) does 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.
15
TECHNICAL SPECIFICATIONS
THE SPECIFICATIONS HEREIN PROVIDED ARE ILLUSTRATIVE IN REGARD TO THE
MATERIALS DESIRED. IT IS NOT THE INTENTION OF THE TOWNSHIP TO PRECLUDE
ANY QUALIFIED VENDOR FROM SUBMITTING A BID. THE TOWNSHIP WELCOMES
BIDS THAT SUBSTANTIALLY MEET AND ARE COMPARABLE TO THE CRITERIA
DESCRIBED BY THE SPECIFICATIONS.
16
1. SCOPE OF WORK:
The work performed under this contract consists of plowing accumulated frozen precipitation (e.g.,snow)
on Township of East Brunswick roadways. The work shall be accomplished as directed by the Director of
Public Works or his designated representative(s). The contractor is responsible for providing their own
fuel, oil, ballast, repairs, insurance, supervision with transportation (as required) and all else necessary
therefore and incidental thereto.
It must be fully understood that whenever the contractor receives a call-out to provide equipment, the
equipment shall operate continuously until the roadway has been sufficiently cleared of snow, in the
opinion of the Director of Public Works or his designated representative(s), to permit dismissing the
contractor’s equipment.
Equipment defined as “other equipment” in the contract, to be provided by the contractor, shall be fully
equipped to satisfactorily perform operational functions consisting of snow plowing. When plowing, snow
should not be placed where it will become an obstruction to roadways, sidewalks, or pedestrian access.
Any costs involved in removing these obstructions from the above will be subtracted from any monies due
to the contractor.
2. EQUIPMENT REQUIREMENTS:
Snow Plow Trucks shall be a minimum Gross Vehicle Weight (G.V.W.) as listed under
Truck/Equipment Classification below. The G.V.W. is the total weight of the vehicle on its tires as it
rests or rolls on the road, including chassis, cab, body, equipment, oil, fuel, the driver and the maximum
payload and/or ballast. Trucks shall be fully equipped to satisfactorily perform operational functions
consisting of snow plowing. Plows may utilize steel or rubber cutting edge provided that they can perform
adequately.
Snow Plow Equipment shall have the ability to plow, move, or handle snow for the purposes of
clearing roadways from obstructions. All plows and equipment shall be in excellent working condition.
3. TRUCK/ EQUIPMENT CLASSIFICATION:
Each truck and/or equipment will be classified based on its indicated manufacturer’s Gross Vehicle
Weight (G.V.W.). The following classification codes shall apply:
Class “A” truck- 45,000 Pounds (G.V.W.) or over- Tandem with Plow
Class “B” truck- 20,000 to 44,999 pounds (G.V.W.)- Single Axle with Plow
Class “C” truck- 11,000 to 19,999 pounds (G.V.W.) 4 x 4 with plow
Class “D” skid steer- 8,000 (G.V.W.) or equal Bobcat
Class “E” backhoe- 21,440 pounds (G.V.W.) or equal to John Deere 410
Class “F” loader- (G.V.W.) or equal to John Deere 444
The Township of East Brunswick Public Works Department will not accept substitutions of Classes of
trucks and/or equipment.
4. SNOW SEASON
The normal snow season for plowing services is the period starting November 1 of the contract year to
March 31 of the following year.
17
5. SNOW SECTION
A snow section encompasses all roadways located within the borders of the Township of East Brunswick,
or portion thereof or as otherwise described on the bid sheets included in this contract. If new lane miles
are added, or if a section of roadway adjacent to a contracted snow section is not covered by contracted
forces, snow sections may be expanded during the snow season at the request of the Township of East
Brunswick Department of Public Works if the contractor agrees to provide additional equipment at the
current contracted price.
6. SAFETY LIGHTS
All vehicles providing snow plowing services shall be equipped with amber safety lights and shall be of
the strobe, LED, or rotating type. The truck shall be equipped with amber safety lights mounted to be
visible from 360 degrees or a minimum of two (2) safety lights mounted on the back of the truck and one
(1) in the front of the cab area. The amber safety lights are required in addition to the vehicle’s normal
hazard lights.
No vehicle will be permitted to operate without the specified safety lights in place and fully operational.
NOTE: All lights and mounting dimensions for all lights are to conform to all New Jersey and Federal
Motor Vehicle Regulations and Safety Standards. Each vehicle shall have a valid Amber light permit as
required by NJ State laws.
7. CAUSES FOR TERMINATION OF SNOW PLOWING SERVICES
CONTRACT
The satisfactory performance mandated for this contract is directly related to the safety of all roadway
users. Should the contractor’s performance during the contract be deemed unsatisfactory by the Director
of Public Works for reasons which may include late response for call-outs, unavailability of a full
complement of trucks and drivers, poor plowing practices, and failure to respond to directions applicable
to the plowing operations by the designated Public Works representative, the contract will be terminated.
The Director may also cancel the contract based upon the contractor’s failure to provide a valid insurance
certificate; cancellation of insurance; failure to renew insurance; failure to report ready, willing and able to
plow snow, on the snow section(s) awarded within ninety (90) minute call-out period; unsafe plowing
practices; improper plowing practices; failure to follow the instructions of the Director of Public Works or
representative; failure to report with a full complement of trucks; or actions constituting a danger to the
public, private property, or actions constituting a danger to the public, private property, public employees
or public property.
8. DRIVER/OPERATORS
The contractor is responsible for providing sufficient drivers/operators to work within the rules,
regulations and requirements of the CDL license. Sufficient drivers/operators must be available to operate
the vehicles twenty four (24) hours per day, seven (7) days per week if needed. All contractors must
provide personnel who are able to speak and understand instructions given in English. Rotation of crews
will be at the discretion of the contractor in providing continuous operation, which will ensure the safety
of its drivers/operator and the motoring public.
IT IS THE RESPONSIBILITY OF THE CONTRACTOR AND THEIR
EMPLOYEES TO ENSURE THAT NO CONTRACTOR EMPLOYEE OR
PERSON PROVIDING DRIVING SERVICES TO THE CONTRACTOR
VIOLATES THE “DRIVING WHILE FATIGUE” STATUTES.
18
9. UNIT HOURLY RATE PER VEHICLE FOR STRAIGHT OPERATING
HOURS
This will be the hourly bid price for straight time per unit for each snow section. This payment includes
the cost of all work performed on and calendar day, exclusive of Saturdays, Sundays, and observed
holidays. The hourly rate includes the cost of labor, drivers, and/or operators, materials, equipment,
transportation, fuel, oil, repairs, ballast, tire chains, safety lights, maintenance, insurance, and all else
necessary therefore and incidental thereto.
Payment will be made for the actual number of hours that truck and/or equipment were used as authorized
at the unit hourly rates bid in the contract and as provided herein.
Payable operating time will begin when the contractor, after receiving a call-out from the Township of
East Brunswick Department of Public Works Command Center to assemble at the designated contractor
assembly location, reports back to the Township of East Brunswick Department of Public Works
Command Center or designated person that the number of trucks and/or equipment are assembled and
prepared to commence snow plowing. The established operating hourly rates shall include one driver
and/or operator for each truck, loader, and all necessary operating expenses.
Whenever the contractor is called-out, there will be a minimum of six (6) hours per call-out. Payment will
not be made for trucks/equipment that are disabled and are unable to continue snow plowing.
10. UNIT HOURLY RATE PER VEHICLE FOR PREMIUM HOURS
This will be the hourly bid price for premium time per unit for each snow season. This payment includes
the cost of all work performed on Saturdays, Sundays, and observed holidays. The hourly rate includes the
cost of labor, drivers, and/or operators, materials, equipment, transportation, fuel, oil, repairs, ballast, tire
chains, safety lights, maintenance, insurance, and all else necessary therefore and incidental thereto.
11. HOLIDAYS
Holidays to be observed are as follows:
Thanksgiving Day
Christmas Day
New Year’s Day
NOTE: In the event and of the above holidays fall on a Sunday, it will be celebrated on the following
Monday, and if the holiday falls on a Saturday, it will be celebrated on the preceding Friday.
12. CONTRACTOR ASSEMBLY LOCATION
A contractor assembly location will be designated by the Director of Public Works or his designee prior to
the start of the snow season. Upon arrival at the assembly location the contractor must notify the Director
of Public Works or his designee. The contractor will receive no compensation during the periods which
the truck or equipment fails to operate due to mechanical failure or the absence of a driver/operator. The
contractor shall be responsible for fuel, proper traction, safety lights, repair, insurance and all other items
necessary for operation of the plow.
All equipment shall be operated in accordance with State laws and regulations.
13. OPERATING TIME
Operating time is the period elapsing between the time the contractor commences snow plowing
operations after they have received instructions at the Contractor Assembly Location until dismissed.
19
14. REPORTING TIME
All time reported shall be in military time (24 hour clock).
15. READINESS
The contractor shall be responsible for fuel, ballast, proper traction, repairs, insurance, safety lighting and
all other items necessary for operations. The contractor shall receive no compensation for those hours
during which the trucks/equipment fails to operate due to mechanical trouble or absence of operator or
crews.
Payment may be withheld, or may be eliminated for any vehicles not deemed ready.
16. REFUELING
All equipment must be refueled with a minimal loss of operating time.
17. MEALS
Time for meals, when taken by contractor’s personnel, will be deducted from the total hours worked.
18. ACCIDENT REPORTING
The contractor must immediately report any accident, by calling the Township of East Brunswick Police
Department and the Township of East Brunswick Command Center, all accidents whatsoever arising out
of or in connection with the performance of the work, whether on or adjacent to the site, which cause
death, personal injury, or property damage giving full details and statements of witness.
19. SNOW CALL-OUT
All call-outs will be issued from the Township of East Brunswick Command Center by telephone. It is
required that at least (2) names and phone numbers of the contractor be submitted. No payment of charges
will be allowed unless an official call-out is issued. Upon receipt of a call-out, the contractor will prepare
trucks and/or other equipment for snow plowing operations. The contractor will assemble the requested
number of trucks and/or equipment at the contractor assembly location at the directed time and be
prepared to commence snow plowing operations. The Township of East Brunswick Department of Public
Works reserves the right to call-out, as its needs dictate one or more trucks and/or equipment in
accordance with the terms of this contract.
At the direction of the Township of East Brunswick Department of Public Work’s snow plowing
representative assigned to the snow section, contractor trucks and/or other equipment will be required to
be operated in accordance with Township of East Brunswick Department of Public Works standards
established for plowing formations, speeds, and identified priority locations.
Should the need arise, the Director of Public Works, or his designee, reserves the right to temporarily
assign snow plow trucks and/or other equipment to another roadway or designated snow section locations.
Payment for temporary reassignment of trucks and/or equipment shall be governed by the same pay rate of
pay that the contractor would have received on its regularly assigned snow section.
20. SCOPE OF PAYMENT
The contractor hereby agrees to accept the payment as specified herein as full payment for the
performance of all work hereunder, for furnishing all labor, drivers and/or operators, equipment,
transportation, fuel, oil, ballast, repairs, maintenance, insurance, supervision and all else necessary
therefore, and all incidental expenses in connection therewith.
20
21. SEASONAL MINIMUM COMPENSATION AMOUNT
The contractor is guaranteed to receive a specified seasonal minimum compensation amount per truck per
each snow season provided the contractor performs in accordance with all provisions of this contract
throughout the snow season. The minimum compensation amount established per unit, per each snow
season year of the contract, will be computed by multiplying the stipulated required number of units on
each snow season by a flat fee of $500 per unit. No additional compensation shall be made for attaching or
detaching plows and equipment this shall be included in the flat fee.
The contractor must maintain compliance with all aspects of this contract to receive this guarantee
payment. At the end of the snow season, the sum of all monies paid to the contractor for operating hours
for plowing will be combined. The total monies will then be deducted from the specified seasonal
minimum guarantee amount and any balance will be paid accordingly. If the total monies paid to the
contractor exceeds the specified seasonal minimum compensation amount for that snow section,
additional monies will not be paid.
22. PAYMENT FOR OPERATING HOUR
Payment will be made for the actual number of hours that trucks and/or other equipment were used as
authorized at the hourly unit price bid in the contract and as provided herein.
Payable operating time will begin when the contractor, after receiving a call-out from the Township of
East Brunswick Public Works Command Center to assemble at the designated contractor assembly
location, reports back to the Township of East Brunswick Public Works Command Center or designated
per that the requested number of trucks and/or other equipment are assembled and prepared to commence
snow plowing operations on the assigned snow section, and subsequently receives direction to commence
snow plowing. The established operating hourly rates shall include one driver and/or operator for each
truck, equipment, and all associated necessary operating expenses.
There will be a minimum of six (6) hours per call-out.
No payment shall be made for trucks and/or equipment which become disabled and are unable to continue
snow plowing operations during a call-out event.
23. SUPPLEMENTING EQUIPMENT
When deemed necessary by the Director of Public Works, The Township of East Brunswick reserves the
right to supplement a snow section with additional equipment from another contractor’s resources or with
Township resources.
The Township of East Brunswick will not be obligated in any way to provide additional compensation
either to the contractor assigned to the snow section requiring supplemental vehicles or to the contractor
providing the supplemental vehicles, except monies due for the actual number of hours worked by the
contractor under the terms and conditions of the contract provisions stipulated herein.
24. SEPARATE COSTS
A contractor operating on two or more snow sections will render an invoice for each snow section and for
each call-out separately.
21
25. PAYMENT PROCEDURE
Payment for services will be based on the proper completion and verification of an invoice provided by
the Township of East Brunswick Public Works Department after each call-out event.
Invoices are to be mailed or delivered by the contractor to:
ATTN: Director of Public Works
Township of East Brunswick Public Works
4 Harts Lane
East Brunswick, NJ 08816
26. RESPONSIBILITY OF WORK
The contractor shall not sell, transfer, assign, or otherwise subcontract the performance of the work under
the contract to any third party.
The contractor assumes full responsibility for all equipment owned, loaned, or leased/sublet and employed
in the prosecution of the contract hereunder and agrees to make no claims against the Township of East
Brunswick or the Township of East Brunswick Public Works Department for damages to such equipment
from any cause whatsoever.
The contractor will also be held responsible for any negligent damage and repair or replacement costs to
the Township of East Brunswick facilities including guide rails, signs, delineators, mailboxes, and all
other construction, caused while performing snow plowing operations.
27. CELLULAR COMMUNCATION
In order to permit contact with the Township of East Brunswick representative at all times, the contractor
supervisor (s) will provide a functional cellular telephone number when reporting for a snow plowing
assignment to the Snow Command Center.
The contractor shall not use Township contracted equipment for any purpose other than the plowing of
Township roads or as directed by a Township representative. Any violation will result in a loss of the
season minimum and a minimum penalty of $5,000.00 per offense to be deducted from accrued monies in
the contractor's account and may result in termination of the contract.
22
*This form need not be submitted. It is provided for use in assuring compliance with all required
documentation.
TOWNSHIP OF EAST BRUNSWICK
SEALED SUBMISSION LABEL FOR BID/PROPOSAL
PLEASE TAPE THIS LABEL TO THE FRONT OF YOUR SEALED
SUBMISSION
DO NOT OPEN
IMPORTANT - SEALED SUBMISSION ENCLOSED
NAME COMPANY: _______________________________________
ADDRESS: _______________________________________
_______________________________________
_______________________________________
TO: TOWNSHIP OF EAST BRUNSWICK
ATTN: CLERK’S OFFICE
1 JEAN WALLING CIVICENTER
EAST BRUNSWICK, NJ 08816-3548
TITLE OF SUBMISSION:
____________________________________________________________
____________________________________________________________
23
TOWNSHIP OF EAST BRUNSWICK
BIDDER'S CHECKLIST
To be submitted with Bid. Items marked “N/A” by the Township are inapplicable to this
bid.
_________
BID PROPOSAL FORM
_________
BID BOND
_________
CONSENT OF SURETY
_________
BIDDER’S AUTHORIZATION TO SUBMIT BID
_________
AFFIDAVIT OF NON-COLLUSION
_________
STATEMENT OF OWNERSHIP DISCLOSURE
_________
AGREETMENT TO PROCEED
_________ ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA TO BID DOCUMENTS
_________
LIST OF SUBCONTRACTORS
_________
REQURIED EVIDENCE OF AFFIRMATIVE ACTION
_________
BUSINESS REGISTRATION CERTIFICATE
_________
EQUIPMENT CERTIFICATION
The undersigned hereby acknowledges the above-listed requirements
Bidder Name: _________________________________
Signature: _________________________________
Print Name:
_________________________________
Title:
_________________________________
Date:
_________________________________
_________________________________
24
TOWNSHIP OF EAST BRUNSWICK
BID PROPOSAL FORM
Township of East Brunswick
1 Jean Walling Civic Center
Middlesex County, New Jersey 08816
Attn: Purchasing
PROPOSAL OF: _______________________________________
ADDRESS: ____________________________________________
BID FOR: SUPPLEMENTAL SNOW REMOVAL SERVICES 2021-2023
We, the Undersigned Bidder, acting through our authorized officers and intending to be legally bound, agree
that this bid proposal shall constitute an offer by the Undersigned to enter into a Contract and with the
Township of East Brunswick to furnish the necessary goods, services, material and/or equipment called for
in the Bid. This bid shall be irrevocable for sixty (60) calendar days from the date of opening hereof.
The undersigned agrees to comply with the conditions of employment, wage rates, and hours of labor set
forth in the Bid Instructions.
We further declare that we have carefully examined the Instructions to Bidders, Specifications, Drawings,
and Bid Documents herein referred to and propose to furnish, deliver, install and/or provide all necessary
materials, goods, and/or services specified and in the manner and time prescribed.
Type
of
Units
(Min.
Needed)
# of Contractor Units
Available
Straight Operating Hour
Premium Operating Hour
Class “A” truck- (4)
$
$
Class “B” truck- (3)
$
$
Class “C” truck- (2)
$
$
Class “D” skid steer-
$
$
Class “E” backhoe-(3)
$
$
Class “F” loader- (2)
$
$
25
We agree to execute the Form of Contract included with the Bid Documents within fourteen (14) days after
receiving notice of award of the contract from the Township.
Accompanying this proposal is a certified check, cashier’s check or bid bond made payable to Township of
East Brunswick in the sum of $_______________, [not less than ten percent (10%) of the amount bid]
which the undersigned agrees is to be forfeited as liquidated damages, and not as a penalty, if the contract
is awarded to the undersigned and the undersigned fail(s) to execute the contract within the stipulated time.
Otherwise, the check or bond will be returned to the undersigned.
Name of Bidder: ____________________________________________________________________
Address: ______________________________________________________________________
Phone Number: _____________________ E-Mail:______________________________________
**If a corporation, give the State of Incorporation, using the phrase:
"A corporation organized under the laws of ______________________________________."
If a partnership, give names of the partners, using also the phrase:
"Co-partners trading and doing business under the firm name and style of
__________________________________________________________________________.”
If an individual using a trade name, give individual name, also using the phrase:
"An individual doing business under the firm name and style of _________________________.”
By: ___________________________________
(Signature of Individual, Partner or Officer of Bidder)
____________________________________
Title
STATE OF ____________________
: ss
COUNTY OF ___________________
I, ____________________________________________ ,being duly sworn, say that the several matters
stated in this Proposals are in all respects true, and that no member of the Township Governing Body or
employee of the Township are interested in any way in this proposal.
____________________________
Signature of Bidder
26
TOWNSHIP OF EAST BRUNSWICK
BID BOND
KNOW ALL MEN BY THESE PRESENTS that we, the undersigned, ____________________
(bidder) as Principal and ___________________________ as Surety, are hereby held and firmly bound
unto the Township of East Brunswick as Owner in the sum of____________________________________
($__________) Dollars for the payment of which, well and truly to be made, we hereby jointly and
severally bind ourselves, our heirs, executors, administrators, successors and assigns.
SIGNED, this ______ day of ______________, 20__. The condition of the above obligation is such
that whereas the Principal has submitted to the Township of East Brunswick a certain bid for
_________________________________(insert contract name), attached hereto and hereby made a part
hereof, to enter into a Contract in writing for the provision of the goods or services provided in the Invitation
to Bid.
NOW, THEREFORE,
(a)
If said Bid shall be rejected or, in the alternative,
(b)
If said Bid shall be accepted and the Principal shall execute and deliver a Contract (properly
completed in accordance with said Bid) and shall furnish a bond for the faithful performance of said Contract
and for the payment of all persons performing labor or furnishing materials in connection therewith, and
shall in all other respects perform the Agreement created by the acceptance of said Bid,
Then this obligation shall be void. Otherwise the same shall remain in full force and effect. It being
expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall in no
event exceed the amount of this obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and
its bond shall be in no way impaired or affected by any extension of the time within which the Township of
East Brunswick may accept such bid and said Surety does hereby waive notice of any such extension.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals,
and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents
to be signed by their proper officers, the day and year first set forth above.
NOTE: Documents attesting to the authority of the persons executing this bond to so act on behalf of the
surety company, as well as the financial statement of the company, must be annexed hereto. The surety
company's own form will be accepted if in compliance with this form. No AIA forms are acceptable.
ATTEST:
__________________
Principal:
__________________
By:
__________________
(print name)
__________________
(signature)
Surety:
__________________
By:
__________________
(print name)
__________________
(signature)
27
TOWNSHIP OF EAST BRUNSWICK
CONSENT OF SURETY
______________________________________________ (hereinafter "Surety"), organized and
existing under the laws of the State of ______________________ and duly authorized and qualified to
transact business in the State of New Jersey, in consideration of the sum of One Dollar ($1.00), lawful
money of the United States, to it in hand paid, the receipt whereof is hereby acknowledged, consents and
agrees
that
if
the
Contract
for
which
the
preceding
Bid
is
made,
be
awarded
to
_______________________________________ (hereinafter "Bidder") for the performance of or the
supplying of certain services or materials, or both, to the Township of East Brunswick, and if Bidder shall
enter into the Contract, Surety will become bound as Surety for Bidder's faithful performance and will
provide the Bidder with a performance bond in an amount equal to One Hundred (100%) per cent of the
Contract amount..
IN WITNESS WHEREOF, the Surety has caused these presents to be signed and attested by a
duly authorized officer, and its corporate seal to be hereto affixed this day of ,
20____.
(A corporate acknowledgment, statement of authority and power of attorney to be attached by the surety
company)
Attest: Name of Surety:
________________________________
Print____________________
By: _____________________________
(Surety Attorney-in-Fact Signature)
Print Name: ______________________
Title:
Date: ____________________________
28
TOWNSHIP OF EAST BRUNSWICK
BIDDER’S AUTHORIZATION TO SUBMIT BID
RESOLVED that the following named officer(s) of the Bidder be and is / are hereby authorized
and empowered to sign and submit to the Township of East Brunswick the attached bid,
_____________________________________, Title: ________________________
_____________________________________, Title: ________________________
_____________________________________, Title: ________________________; and
BE IT FURTHER RESOLVED that the said officer(s) is / are authorized to execute the
Contract or any other agreement, bond or statement necessary for the fulfillment of obligations incurred by
the Township’s acceptance of the Bidder’s bid.
I hereby certify that this document reflects the action of the Bidder’s Board of Directors taken at
its meeting of _____________________________
_______________________________________
Secretary
[SEAL]
29
TOWNSHIP OF EAST BRUNSWICK
AFFIDAVIT OF NON-COLLUSION
STATE OF _____________
:
ss
COUNTY OF ___________
:
I, _____________________, resident of ________________________, in the
County of______________________, and the State of ____________________, of full age,
being duly sworn according to law, upon my oath, depose and say:
I am ____________________of the Firm of ___________________________, the Bidder making
the Proposal for the above-named project, and I executed the said Proposal with full authority to do so; that
said Bidder has not, directly or indirectly, entered into any agreement, participated in any collusion, or
otherwise taken any action in restraint of free, competitive bidding in connection with the above-named
project; and that all statements contained in said Proposal and in this Affidavit are true and correct, and
made with full knowledge that the Township of East Brunswick relies upon the truth of the statements
contained in said Proposal and in the statements contained in this Affidavit in awarding the Contract for the
said project.
I further warrant that no person or selling agency has been employed or retained to solicit or secure
such contract upon an agreement or understanding for a commission, percentage, brokerage or contingent
fee, except bona fide employees or bona fide established commercial or selling agencies maintained by
Bidder.
________________________________________
Print Name: _______________________________
Title: ____________________________________
30
STATEMENT OF OWNERSHIP DISCLOSURE
N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43)
This statement shall be completed, certified to, and included with all bid and proposal submissions.
Failure to submit the required information is cause for automatic rejection of the bid or
proposal.
Name of Organization: __________________________________________________________
Organization Address: __________________________________________________________
Part I - Check the box that represents the type of business organization:
□Sole Proprietorship (skip Parts II and III, execute certification in Part IV)
□ Non-Profit Corporation (skip Parts II and III, execute certification in Part IV)
□ For-Profit Corporation (any type) □Limited Liability Company (LLC)
□ Partnership □ Limited Partnership □ Limited Liability Partnership (LLP)
□ Other (be specific): __________________________________________
Part II
□ The list below contains the names and addresses of all stockholders in the corporation who own 10
percent or more if its stock, of any class, or of all individual partners in the partnership who own a 10
percent or greater interest therein, or of all members in the limited liability company who own a 10
percent or greater interest therein, as the case may be. (COMPLETE THE LIST BELOW IN THIS
SECTION)
OR
□ No one stockholder in the corporation owns 10 percent or more of its stock, of any class, or no individual
partner in the partnership owns a 10 percent or greater interest therein, or no member in the limited liability
company owns a 10 percent or greater interest therein, as the case may be. (SKIP TO PART IV)
(Please attach additional sheets if more space is needed):
Name of Individual or Business Entity
Home Address (for Individuals) or Business
Address
31
Part III - DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS,
PARTNERS OR LLC MEMBERS LISTED IN PART II
If a bidder has a direct or indirect parent entity which is publicly traded, and any person holds a 10
percent or greater beneficial interest in the publicly traded parent entity as of the last annual federal
Security and Exchange Commission (SEC) or foreign equivalent filing, ownership disclosure can be
met by providing links to the website(s) containing the last annual filing(s) with the federal Securities and
Exchange Commission (or foreign equivalent) that contain the name and address of each person holding a
10% or greater beneficial interest in the publicly traded parent entity, along with the relevant page numbers
of the filing(s) that contain the information on each such person. Attach additional sheets if more space
is needed.
Website (URL) containing the last annual SEC (or foreign equivalent) filing
Page #’s
Please list the names and addresses of each stockholder, partner or member owning a 10 percent or greater
interest in any corresponding corporation, partnership and/or limited liability company (LLC) listed in Part
II other than for any publicly traded parent entities referenced above. The disclosure shall be continued
until names and addresses of every non-corporate stockholder, and individual partner, and member
exceeding the 10 percent ownership criteria established pursuant to N.J.S.A. 52:25-24.2 has been listed.
Attach additional sheets if more space is needed.
Stockholder/Partner/Member and Corresponding
Entity Listed in Part II
Home Address (for Individuals) or Business
Address
Part IV - Certification
I, being duly sworn upon my oath, hereby represent that the foregoing information and any
attachments thereto to the best of my knowledge are true and complete. I acknowledge: that I am
authorized to execute this certification on behalf of the bidder/proposer; that the Township of East
Brunswick is relying on the information contained herein and that I am under a continuing
obligation from the date of this certification through the completion of any contracts with
Township of East Brunswick to notify the Township of East Brunswick in writing of any changes
to the information contained herein; that I am aware that it is a criminal offense to make a false
statement or misrepresentation in this certification, and if I do so, I am subject to criminal
prosecution under the law and that it will constitute a material breach of my agreement(s) with the,
permitting the Township of East Brunswick to declare any contract(s) resulting from this
certification void and unenforceable.
Full Name (Print):
Title:
Signature:
Date:
32
TOWNSHIP OF EAST BRUNSWICK
AGREEMENT TO PROCEED
The undersigned hereby agrees that, if awarded the contract, he shall commence work and deliver
goods or services at the price bid, that he will complete all of the work within the time provided in these
documents.
If a corporation, bidder has been authorized to submit its bid by a proper corporate resolution, a
copy of which certified to be a true copy by the corporation secretary is attached hereto.
______________________________
Name of Bidder
______________________________
Signature
_____________________________
Print Name & Title
Dated:_______________________
TOWNSHIP OF EAST BRUNSWICK
33
ACKNOWLEDGMENT OF RECEIPT OF ADDENDA TO BID DOCUMENTS
As required by N.J.S.A. 40A:11-23.l, the undersigned hereby acknowledges receipt of the following notices,
revisions, or addenda to the bid advertisement, specifications or bid documents. By indicating date of
receipt, bidder acknowledges the submitted bid takes into account the provisions of the notice, revision or
addendum. Note that the local unit's record of notice to bidders shall take precedence and that failure to
include provisions of changes in a bid proposal may be subject for rejection of the bid.
THIS FORM MUST BE RETURNED EVEN IF NO ADDENDA HAVE BEEN ISSUED
Reference Number
or Title of Addendum/Revision
How Received (mail, fax, pick-up,
etc.)
Date Received
Acknowledgment by Bidder:
Title or Description of Bid: ___________________________________________________________
Name of Bidder: ____________________________________________________________________
Name and Title of Authorized Representative: _____________________________________________
Signature: __________________________________________________________________________
Date:______________________________________________________________________________
______________________
34
TOWNSHIP OF EAST BRUNSWICK
LIST OF SUBCONTRACTORS
In accordance with N.J.S.A. 40A:11-16, the following is a list of subcontractors to whom the Bidder will
subcontract the furnishing of work required for the completion of this project.
If no subcontractors will be used, write the word "None" across the page.
Trade
Company
Address
35
TOWNSHIP OF EAST BRUNSWICK
REQUIRED EVIDENCE OF AFFIRMATIVE ACTION
If awarded a Contract, the Contractor shall comply with the requirements of P.L. 1975, c. 127 (N.J.A.C.
17:27-1, et seq.). Within seven (7) days after receipt of the Notice of Award or receipt of the Contract,
whichever is sooner, the Contractor shall present one of the following to the Township:
a.
A photocopy of a valid letter from the U.S. Department of Labor that the contractor has an
existing federally approved or sanctioned Affirmative Action Plan (good for one year from the date
of the letter), OR
b.
A photocopy of approved Certificate of Employee Information Report, issued in
accordance with N.J.A.C. 17:27-4, OR
c.
An Affirmative Action Employee Information Report (Form AA302), provided by the
Affirmative Action Office and completed by the Contractor in accordance with N.J.A.C. 17:27-4.
NO FIRM MAY BE ISSUED A CONTRACT UNLESS IT COMPLIES WITH THE
AFFIRMATIVE ACTION REGULATIONS OF P.L. 1975, C.127.
This questionnaire along with a copy of your Federal Affirmative Action Plan, Certificate of Employee
Information Report, or completed AA302 Form must be filed by the successful bidder on or before the date
the Contract is executed.
1.
Our company has a Federal Affirmative Action Plan approval. Yes____ No _____
If yes, submit a copy of said approval.
2.
Our company has a New Jersey State Certificate of Employee Information Report Approval. Yes
_______
No _____
If yes, submit a copy of the New Jersey State Certificate.
3.
If you do not have either of the above, check below:
Please contact the State for an Affirmative Action form for your completion. (AA302 - Affirmative
Action Employee Information Report) This form must be completed and filed by the successful
bidder/contractor on or before the date that the Contract is executed.
I certify that the above information is correct to the best of my knowledge.
Bidder Name:
__________________________________
Signature:
__________________________________
Print Name:
__________________________________
Title:
__________________________________
Date:
__________________________________
Note: A bid must be rejected as non-responsive if a bidder fails to comply with requirements of P.L. 1975,
c.127, within the required time frame.
36
BUSINESS REGISTRATION CERTIFICATE
A.
N.J.S.A. 52:32-44 requires that a Bidder shall provide the Township agency with proof of its
business registration and that of any named subcontractor prior to the time a contract, purchase order, or other
contracting document is awarded. A Bidder’s inability to produce a Business Registration Certificate (BRC)
prior to award of contract will disqualify the Bidder. A BRC may be obtained from the New Jersey Division
of Revenue. Information on obtaining a BRC is available on the internet at www.nj.gov/njbgs or by phone
at (609) 292-1730. N.J.S.A. 52:32-44 also requires the Bidder to provide written notice to its subcontractors
and suppliers to submit proof of business registration to the Bidder.
B.
A contractor (Bidder), subcontractor or supplier who fails to provide proof of business
registration or provides false business registration information shall be liable to a penalty of $25 for each
day of violation, not to exceed $50,000 for each business registration not properly provided or maintained
under a contract with a contracting agency. Information on the law and its requirements is available by
calling (609) 292-1730.
37
TOWNSHIP OF EAST BRUNSWICK
EQUIPMENT CERTIFICATION
Instructions for Completing the Equipment Certification
If the Bidder owns leases or controls all the equipment required, he shall complete Part 1. Should the Bidder
not own, lease or control all the necessary equipment, he shall complete Part 2. This certification must be
submitted with the Bid.
Part 1
This is to certify that I own, lease or control all the necessary equipment required to accomplish the work
required by said Bid and described on the Contract Drawings and in the Contract Specifications included as
part of the Request for Bids.
___________________________________________
Signature of Bidder
____________________________________________
(Name of Bidder)
Date: ________________________________
Part 2
This is to certify that I own or control the equipment required and noted on the attached list and will grant
_____________________________________________ (the Bidder) the control of this equipment during
such time as may be required for that portion of the work required by its Bid and described on the Contract
Drawings and in the Contract Specifications included as part of the Request for Bids for which said
equipment is necessary.
______________________________________________
Signature of Person in Ownership or Control of the Equipment
______________________________________________
Address
Date: ________________________________
LIST OF EQUIPMENT
_____________________________________ _________________________________
_______________________________________ _________________________________
_____________________________________ _________________________________
_____________________________________ _________________________________
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performance bond
Evidence Detected
"...If applicable, Bidders must also submit a Consent of Surety with the bid, wherein the Surety agrees to furnish a performance bond equal to one hundred per cent (100%) of the full amount of the contract if the Bidder is awarded the contract...."
liquidated damages
Evidence Detected
"...The check or bond of the successful Bidder shall be forfeited if the Bidder fails to enter into a contract pursuant to N.J.S.A. 40A: 11-21...."
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Contacts
Nennette Perry
Municipal Clerk
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Timeline
First Discovered
Mar 31, 2026
Last Info Update
Apr 30, 2026
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