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Purchase And Delivery Of Odor Control Chemicals
BID #: 22
ISSUED: 4/4/2025
DUE: 4/22/2025
VALUE: $20,000
85
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Executive Summary
The Borough of New Providence is soliciting bids for the purchase and delivery of odor control chemicals for its Wastewater Operations Department. The project encompasses supplying bioxide chemicals, chemical delivery, rental of feed system equipment, hydrogen sulfide sampling, monitoring, analysis reporting, and bioxide dosage adjustment at the New Providence Wastewater Treatment Plant. Sealed bids must be received by the Borough Clerk no later than 10:00 A.M. prevailing time on Tuesday, April 22, 2025. Specifications and proposal forms are available by emailing clerk@newprov.us UNLOCK or visiting the bid opportunities page on the Borough website.
Web Content
Bid Postings • PURCHASE AND DELIVERY OF ODOR CONTROL CHEMICA Skip to Main Content Create a Website Account - Manage notification subscriptions, save form progress and more. Website Sign In Government Services Community How Do I... Search Home Bid Postings Print Sign up to receive a text message or email when new bids are added! Print Bid Title: PURCHASE AND DELIVERY OF ODOR CONTROL CHEMICALS Category: Bid Status: Closed Description: See Bid Specs (PDF) for details PROJECT: PURCHASE AND DELIVERY OF ODOR CONTROL CHEMICALS DEPARTMENT: Wastewater Operations Sealed bids will be received by the Borough Clerk of the Borough of New Providence, Union County, New Jersey no later than 10:00 A.M. prevailing time, Tuesday, April 22, 2025 in Third Floor Conference Room, 360 Elkwood Ave, New Providence, New Jersey 07974 for: PURCHASE AND DELIVERY OF ODOR CONTROL CHEMICALS in accordance with the specifications and proposal forms for same which may be obtained by emailing For security reasons, you must enable JavaScript to view this E-mail address. or by visiting the bid opportunities page of the Borough website at www.newprov.us. Contact Anthony Carnevale, Operator, (908-665-1077) in order to schedule a visit to the New Providence Wastewater Treatment Plant. Bids must be submitted in standard proposal form and must be enclosed in a sealed envelope with the name and address of the bidder on the outside addressed to the Borough Clerk, Borough of New Providence, 360 Elkwood Ave., New Providence, New Jersey 07974. The Borough will not be responsible for late mail deliveries and no bids will be accepted after the time stipulated in the NOTICE TO BIDDERS. A Bid Security is required in the amount of ten percent (10%) of the total bid, not to exceed $20,000.00, in the form of a bid bond, certified check or cashier's check, made payable to the Borough of New Providence. Bidders are required to comply with the requirements of any and all applicable Federal, State and local laws, regulations and requirements, including but not limited to: N.J.S.A. 52:25-24.2 (Statement of Ownership Disclosure); N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 et seq. (Affirmative Action); N.J.S.A. 52:32-44 (Business Registration), and the Borough’s adopted minimum standard insurance requirements. The New Providence Mayor and Council reserves the right to award Contract in its sole discretion and further reserves the right to reject any and all bids, waive any irregularities, and decide as to responsibility of the bidders. Denise Brinkofski BOROUGH OF NEW PROVIDENCE Municipal Center 360 Elkwood Ave, New Providence, NJ 07974 Publication Date/Time: 4/4/2025 12:00 AM Closing Date/Time: 4/22/2025 10:00 AM Return To Main Bid Postings Page Live Edit Forms & Documents Garbage / Recycling Online Business & Payments Community Activities Contact Us Notify Me® Public Notices Facebook Instagram Contact Us 360 Elkwood Avenue New Providence, NJ 07974 Phone: 908-665-1400 Fax: 908-665-9272 Regular Hours: Monday through Friday 8:30 AM to 4:30 PM Summer Hours: Friday before Memorial Day - Labor Day Monday through Thursday 8:30 AM - 4:30 PM Friday 8:30 AM - 1:00 PM Quick Links Smart 911 Links & Resources Property Information FAQs Calendar Film Ready /QuickLinks.aspx Helpful Links Home Site Map Contact Us (Directory) Accessibility Disclaimer Terms of Use & Privacy Policy /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: Bid Specs (PDF) ---
BOROUGH OF New Providence
Union County, New Jersey
Bid Documents and Specifications
Purchase and Delivery of Odor Control Chemicals
BID OPENING DATE: April 22, 2025
TIME: 10:00 A.M.
AL MORGAN, MAYOR
BOROUGH COUNCIL
LISA MCKNIGHT, COUNCIL PRESIDENT
DIANE BILICSKA
MATTHEW CUMISKEY
KATHLEEN DOLAN
NADINE GEOFFROY
ALEXANDER KOGAN
BERNADETTE CUCCARO, BOROUGH ADMINISTRATOR
DENISE BRINKOFSKI, BOROUGH CLERK
PAUL RIZZO, BOROUGH ATTORNEY
March 2025
TABLE OF CONTENTS
DESCRIPTION
PAGE NO.
Notice to Bidders .................................................................................................. 3
Bid Proposal Forms .............................................................................................. 4 - 21
Bid Proposal ........................................................................................................ 4 – 7
Bidder’s Checklist ................................................................................................. 8
Statement of Ownership Disclosure ..................................................................... 9 – 10
Certification of Non-Debarment for Federal Contracts........................................ 11 - 12
Bidder Questionnaire .......................................................................................... 13
Bidder's Affidavit ................................................................................................. 14
Form of Bid Bond................................................................................................ 15
Consent of Surety ............................................................................................... 16
Non-Collusion Affidavit ....................................................................................... 17
Affirmative Action Regulations ............................................................................ 18
Bidder’s Safety Acknowledgement ..................................................................... 19
Disclosure of Investment Activities in Iran ....................................................... …20
Certification of Non-Involvement in Prohibited Activities in Russia/Belarus ........ 21
Instructions to Bidders ........................................................................................ 22 – 31
Technical Specifications ..................................................................................... 32 – 35
Exhibits
Exhibit A – Mandatory Affirmative Action – Professional, Goods & Services .......... .36
Exhibit B – Americans With Disabilities Act of 1990 ............................................. …37
Exhibit C – Political Contribution Form .................................................................. ..38
Exhibit D – Public Utilities ..................................................................................... …39
BID NOTICE
Borough of New Providence
PROJECT:
PURCHASE AND DELIVERY OF ODOR CONTROL CHEMICALS
DEPARTMENT:
Wastewater Operations
Sealed bids will be received by the Borough Clerk of the Borough of New Providence, Union County, New
Jersey no later than 10:00 A.M. prevailing time, Tuesday, April 22, 2025 in Third Floor Conference Room,
360 Elkwood Ave, New Providence, New Jersey 07974 for:
PURCHASE AND DELIVERY OF ODOR CONTROL CHEMICALS
in accordance with the specifications and proposal forms for same which may be obtained by emailing
clerk@newprov.us or by visiting the bid opportunities page of the Borough website at www.newprov.us.
Contact Anthony Carnevale, Operator, (908-665-1077) in order to schedule a visit to the New Providence
Wastewater Treatment Plant.
Bids must be submitted in standard proposal form and must be enclosed in a sealed envelope with the
name and address of the bidder on the outside addressed to the Borough Clerk, Borough of New
Providence, 360 Elkwood Ave., New Providence, New Jersey 07974. The Borough will not be responsible
for late mail deliveries and no bids will be accepted after the time stipulated in the NOTICE TO BIDDERS.
A Bid Security is required in the amount of ten percent (10%) of the total bid, not to exceed $20,000.00, in
the form of a bid bond, certified check or cashier's check, made payable to the Borough of New
Providence.
Bidders are required to comply with the requirements of any and all applicable Federal, State and local
laws, regulations and requirements, including but not limited to: N.J.S.A. 52:25-24.2 (Statement of
Ownership Disclosure); N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 et seq. (Affirmative Action); N.J.S.A.
52:32-44 (Business Registration), and the Borough’s adopted minimum standard insurance requirements.
The New Providence Mayor and Council reserves the right to award Contract in its sole discretion and
further reserves the right to reject any and all bids, waive any irregularities, and decide as to responsibility
of the bidders.
Denise Brinkofski
BOROUGH OF NEW PROVIDENCE
Municipal Center
360 Elkwood Ave. New Providence, NJ 07974
3
4
BID PROPOSAL FORM
FROM: _____________________________________________________________
(Bidder)
__________________________________________________________________
(Address)
__________________________________________________________________
_________________
(Date)
The undersigned being familiar with the Specifications for:
PURCHASE AND DELIVERY OF ODOR CONTROL CHEMICALS
including the Notice to Bidders, Instructions to Bidders, all Bid Proposal forms, and Addenda (if any) thereto, as
prepared by the Department of Community Services hereby proposes to furnish, in compliance with the provisions
thereof, all labor, materials and services required to construct said project and/or provide such product and/or service.
In submitting this bid, it is understood that the unrestricted right is reserved by the Mayor and Council for the Borough
of New Providence to reject all bids or proposals, waive any minor defects, and consider bids for sixty (60) days after
their receipt pursuant to the Local Public Contracts Law N.J.S.A. 40A:11-1 et seq.. If written notice of the acceptance
of this bid is mailed or otherwise delivered to the undersigned within sixty (60) days after the date of opening of the
Bids, the undersigned will within ten (l0) days after the date of such notice, execute and deliver the necessary
Contract Documents as provided herein.
We, the undersigned, propose to furnish and deliver for Purchase and Delivery of Odor Control Chemicals
pursuant to this bid package for the prices entered below:
Item
Description
Quantity
Unit
Price
No.
1.
New Providence: Purchase and Deliver Bioxide Solution to the
Summit Chatham Road Pumping Stations as specified
and directed, including but not limited to furnishing
materials, transportation, delivery, transfer to the
indicated Sewage Facilities, including all work
specified, required and incidental to the work.
(Minimum Delivery = 750 gallons)
24,000 gallons $_______/gallon $ ________
Write Unit Price Bid ____________________________________________
________________________________________ per gallon
TOTAL BASE BID : ________________________________________________ ($________________)
(WRITE IN WORDS TOTAL BASE BID WITHOUT ALTERNATES)
5
CONTRACT TERM AND EXTENSION PROVISIONS
The term of this contract will be 1/1/2025 through 12/31/2026, with an option for up to two (2) one-year extensions,
January 1 through December 31 for each successive year, pursuant to N.J.S.A. 40A:11-4.2 (see Section VIII a.
Methods of Award, page 30).
_______
Yes, Vendor agrees to consider up to two (2) one-year extensions of awarded contract upon written
notification of the City’s intent to extend prior to the expiration of each current term.
_______
No, Vendor does not agree to consider any extension of awarded contract.
The project is to be delivered complete by the contractor as a result of performing the work in accordance with the
specifications and as shown on the plans, if any.
6
ACKNOWLEDGMENT OF RECEIPT OF ADDENDA
(N.J.S.A. 40A:11-23.1.(a))
The undersigned Bidder hereby acknowledges receipt of the following Addenda:
Addendum Number
Dated
Acknowledge Receipt
(initial)
_______________
_______________
____________
_______________
_______________
____________
_______________
_______________
____________
_______________
_______________
____________
IF NONE, CHECK HERE:
No addenda were received
Acknowledged for: __________________________________________
(Company Name)
By: _________________________________________
(Signature of Authorized Representative)
Name: ______________________________________
(Print or Type)
Title: ________________________________________
Date: ________________________________________
7
We acknowledge that the Borough may award a contract or to reject all bids or proposals, waive any
minor defects, and consider bids for sixty (60) days after their receipt pursuant to the Local Public
Contracts Law N.J.S.A. 40A:11-1 et seq. We further acknowledge that, if an award is to be made, the
award shall be based on analysis of bids and calculation of a total price as derived from the sum of the
base bid and selection of alternate items, if any, as may be chosen by the Borough, in a quantity not to
exceed the individual quantities specified above.
We declare that the entire unit, complete with all accessories and alternates, fully complies with all
prevailing federal and state regulations.
We further declare that we have carefully examined the Instructions to Bidders and specifications
herein referred to and propose to furnish and deliver all necessary goods and/or services specified and
in the manner and time prescribed.
We further agree to enter into a contract with the Borough of New Providence to furnish and deliver the
project described in this bid within the time limits contained in the Bid Proposal.
We (I) attach hereto as part of this proposal our Bid Guarantee in the amount of ten percent (10%) of
the total price bid, not to exceed $20,000, payable unconditionally to the Owner, and a Consent of
Surety with Power of Attorney for the full amount of the bid price from a Surety Company licensed to do
business in the State of New Jersey. The particular requirements for the Bid Guarantee and the
Consent of Surety are contained in the Instructions to Bidders.
We (I) certify the address below to be our true address to which notice of acceptance of Bid may be
mailed or otherwise delivered.
____________________________________
__________________________________
COMPANY NAME
FEDERAL ID # OR SOCIAL SECURITY #
_____________________________________________________________________________
BUSINESS LOCATION ADDRESS
___________________________________________________________________________________________
DELIVERY/MAILING ADDRESS (IF DIFFERENT THAN BUSINESS LOCATION)
____________________________________
__________________________________
SIGNATURE OF AUTHORIZED AGENT
TYPE OR PRINT NAME AND TITLE
____________________________________
__________________________________
TELEPHONE NUMBER
FAX NUMBER
____________________________________
__________________________________
E-MAIL ADDRESS
DATE
_____________________________________________
BUSINESS REGISTRATION SEQUENCE NUMBER
[see section VII – H]
8
Borough of New Providence
Bid Documents – Bidder’s Checklist
(N.J.S.A. 40A:11-23.1.b)
Each bidder shall complete this form and submit it with the bid proposal in addition to those documentary and informational forms,
certifications, and other documents that are listed on the form. Failure to submit a completed form [ALL SECTIONS] is cause for
automatic rejection of the bid or proposal.
MANDATORY
Read/Signed/
Failure to submit with Bid shall result in rejection
In Compliance
Initial
Bid Proposal Form completed and signed
________
Acknowledgement of Receipt of Addenda
________
Bid Guarantee (Form of Bid Bond)
________
(with Power of Attorney for full amount of Bid Bond)
Consent of Surety
________
(with Power of Attorney for full amount of Bid Award)
Statement of Ownership Disclosure
________
Bidder’s Checklist
________
Requested with Bid; Required Prior to Award
Certification of Non-Debarment for Federal Contracts
________
Disclosure of Investment Activities in Iran
________
Certification of Non-Involvement in Prohibited Activities
in Russa/Belarus
________
Business Registration Certificate
________
Bidder’s Questionnaire
________
Bidder’s Affidavit
________
Non-Collusion Affidavit
________
Affirmative Action Regulations Certification
________
Bidder’s Safety Acknowledgement
________
Provided by Owner
Reviewed
Initial
Insurance Requirements and Hold Harmless Language
(Instructions to Bidders, Section V)
________
Mandatory Affirmative Action Language (Exhibit A)
________
Americans with Disabilities Act of 1990 Language (Exhibit B)
________
Political Contribution Form (Exhibit C)
________
9
STATEMENT OF OWNERSHIP DISCLOSURE
Page 1 of 2
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.
This information must be provided on this page or attached to this page, or a certification must be submitted that such
disclosure does not apply to this bidder.
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
of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest
therein, or of all members in the limited liability company who own a 10 percent or greater interest therein, as the
case may be. (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
Address
STATEMENT OF OWNERSHIP DISCLOSURE continued on next page
10
STATEMENT OF OWNERSHIP DISCLOSURE
Page 2 of 2
Part III DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS, PARTNERS OR LLC
MEMBERS LISTED IN PART II
If a bidder has a direct or indirect parent entity which is publicly traded, and any person holds a 10 percent or
greater beneficial interest in the publicly traded parent entity as of the last annual federal Security and Exchange
Commission (SEC) or foreign equivalent filing, ownership disclosure can be met by providing links to the website(s)
containing the last annual filing(s) with the federal Securities and Exchange Commission (or foreign equivalent) that contain
the name and address of each person holding a 10% or greater beneficial interest in the publicly traded parent entity, along
with the relevant page numbers of the filing(s) that contain the information on each such person. Attach additional sheets
if more space is needed.
Website (URL) containing the last annual SEC (or foreign equivalent) filing
Page #’s
Please list the names and addresses of each stockholder, partner or member owning a 10 percent or greater interest in any
corresponding corporation, partnership and/or limited liability company (LLC) listed in Part II other than for any publicly
traded parent entities referenced above. The disclosure shall be continued until names and addresses of every
noncorporate stockholder, and individual partner, and member exceeding the 10 percent ownership criteria established
pursuant to N.J.S.A. 52:25-24.2 has been listed. Attach additional sheets if more space is needed.
Stockholder/Partner/Member and
Corresponding Entity Listed in Part II
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 Borough of New Providence 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 Borough of New
Providence to notify the Borough of New Providence 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
Borough of New Providence to declare any contract(s) resulting from this certification void and unenforceable.
Full Name (Print):
Title:
Signature:
Date:
11
CERTIFICATION OF NON-DEBARMENT
FOR FEDERAL GOVERNMENT CONTRACTS
N.J.S.A. 52:32-44.1 (P.L. 2019, c.406)
This certification shall be completed, certified to, and submitted to the contracting unit prior to contract award, except for emergency contracts
where submission is required prior to payment.
PART I: VENDOR INFORMATION
Individual or Organization
Name
Physical Address of
Individual or Organization
Unique Entity ID
(if applicable)
CAGE/NCAGE Code
(if applicable)
Check the box that represents the type of business organization:
Sole Proprietorship (skip Parts III and IV)
Non-Profit Corporation (skip Parts III and IV)
For-Profit Corporation (any type)
Limited Liability Company (LLC)
Partnership
Limited Partnership
Limited Liability Partnership (LLP)
Other (be specific): ______________________________________________
PART II – CERTIFICATION OF NON-DEBARMENT: Individual or Organization
I hereby certify that the individual or organization listed above in Part I is not debarred by the federal government from
contracting with a federal agency. I further acknowledge: that I am authorized to execute this certification on behalf of the
above-named organization; that the Borough of New Providence is relying on the information contained herein and that I am
under a continuing obligation from the date of this certification through the date of contract award by Borough of New
Providence to notify the Borough of New Providence in writing of any changes to the information contained herein; that I am
aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I am subject
to criminal prosecution under the law and that it will constitute a material breach of my agreement(s) with the Borough of New
Providence permitting the Borough of New Providence to declare any contract(s) resulting from this certification void and
unenforceable.
Full Name (Print):
Title:
Signature:
Date:
PART III – CERTIFICATION OF NON-DEBARMENT: Individual or Entity Owning Greater than 50 Percent of Organization
Section A (Check the Box that applies)
Below is the name and address of the stockholder in the corporation who owns more
than 50 percent of its voting stock, or of the partner in the partnership who owns more
than 50 percent interest therein, or of the member of the limited liability company
owning more than 50 percent interest therein, as the case may be.
Name of Individual or Organization
Physical Address
OR
No one stockholder in the corporation owns more than 50 percent of its voting stock, or
no partner in the partnership owns more than 50 percent interest therein, or no member
in the limited liability company owns more than 50 percent interest therein, as the case
may be.
Section B (Skip if no Business entity is listed in Section A above)
Below is the name and address of the stockholder in the corporation who owns more
than 50 percent of the voting stock of the organization’s parent entity, or of the partner
in the partnership who owns more than 50 percent interest in the organization’s parent
entity, or of the member of the limited liability company owning more than 50 percent
interest in organization’s parent entity, as the case may be.
Stockholder/Partner/Member
Owning Greater Than 50 Percent of
Parent Entity
Physical Address
12
OR
No one stockholder in the parent entity corporation owns more than 50 percent of its
voting stock, no partner in the parent entity partnership owns more than 50 percent
interest therein, or no member in the parent entity limited liability company owns more
than 50 percent interest therein, as the case may be.
Section C – Part III Certification
I hereby certify that no individual or organization that is debarred by the federal government from contracting with a federal agency owns
greater than 50 percent of the Organization listed above in Part I or, if applicable, owns greater than 50 percent of a parent entity of the
Organization listed above in Part I. I further acknowledge: that I am authorized to execute this certification on behalf of the above-named
organization; that the Borough of New Providence is relying on the information contained herein and that I am under a continuing obligation
from the date of this certification through the date of contract award by Borough of New Providence to notify the Borough of New
Providence in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false
statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it will
constitute a material breach of my agreement(s) with the Borough of New Providence, permitting the Borough of New Providence to
declare any contract(s) resulting from this certification void and unenforceable.
Full Name (Print):
Title:
Signature:
Date:
Part IV – CERTIFICATION OF NON-DEBARMENT: Contractor – Controlled Entities
Section A
Below is the name and address of the corporation(s) in which the Organization listed in Part I owns
more than 50 percent of voting stock, or of the partnership(s) in which the Organization listed in Part I
owns more than 50 percent interest therein, or of the limited liability company or companies in which
the Organization listed above in Part I owns more than 50 percent interest therein, as the case may
be.
Name of Business Entity
Physical Address
**Add additional sheets if necessary**
OR
The Organization listed above in Part I does not own greater than 50 percent of the voting stock in
any corporation and does not own greater than 50 percent interest in any partnership or any limited
liability company.
Section B (skip if no business entities are listed in Section A of Part IV)
Below are the names and addresses of any entities in which an entity listed in Part III A owns greater
than 50 percent of the voting stock (corporation) or owns greater than 50 percent interest
(partnership or limited liability company).
Name of Business Entity Controlled by Entity Listed in
Section A of Part IV
Physical Address
**Add additional Sheets if necessary**
OR
No entity listed in Part III A owns greater than 50 percent of the voting stock in any corporation or
owns greater than 50 percent interest in any partnership or limited liability company.
Section C – Part IV Certification
I hereby certify that the Organization listed above in Part I does not own greater than 50 percent of any entity that that is debarred
by the federal government from contracting with a federal agency and, if applicable, does not own greater than 50 percent of any
entity that in turns owns greater than 50 percent of any entity debarred by the federal government from contracting with a federal
agency. I further acknowledge: that I am authorized to execute this certification on behalf of the above-named organization; that the
Borough of New Providence is relying on the information contained herein and that I am under a continuing obligation from the date
of this certification through the date of contract award by Borough of New Providence to notify the Borough of New Providence in
writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or
misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it will constitute a
material breach of my agreement(s) with the Borough of New Providence, permitting the Borough of New Providence to declare any
contract(s) resulting from this certification void and unenforceable.
Full Name (Print):
Title:
Signature:
Date:
13
BIDDER QUESTIONNAIRE
The signatory of this PROPOSAL guarantees the truth and accuracy of all statements and of all
answers to interrogatories hereinafter made.
1.
How many years have you been in business under your present business name ?_____
2.
List any other contracts of a similar nature that your organization has completed within the past
three years. Include the following information at minimum for each contract: Name and address
of owner; contact person; type of contract; contract price and duration.
_____________________________________________________________________
_____________________________________________________________________
3.
Have you, your company, or any organization of which you have been a responsible officer or
agent ever failed to complete any work or project contract awarded to you? If so, where, when
and why?
_____________________________________________________________________
_____________________________________________________________________
4.
Have you, your company, or any organization of which you have been a responsible officer or
agent ever defaulted on a contract? If so, when, where and why?
_____________________________________________________________________
_____________________________________________________________________
5.
Has your company ever been adjudged bankrupt, or been subject to a receivership, or an order
of reorganization? If so, when, where and why? _______________________________
_____________________________________________________________________
_____________________________________________________________________
6.
List professional/NJ State issued license/certification number, type, and the issuing organization
or State agency:
No._________________ Type:
Issued by:__________________
No.
Type:
Issued by:__________________
No.
Type:
Issued by:__________________
BIDDER: _______________________________
SIGNED: __________________________________________
PRINT NAME: __________________________________________
TITLE: __________________________________________
DATE: __________________________________________
14
BIDDER'S AFFIDAVIT
STATE OF ___________________________ }
SS:
COUNTY OF __________________________ }
I, __________________________________, being duly sworn, depose and say that I reside at
_______________________________________________________________ , that I am the (title)
__________________________________________ who signed the above Proposal, that I was duly
authorized to sign the Proposal, that the Bid is a true offer of the Bidder, that the seal attached is the
seal of the Bidder, and that all declarations and statements contained in the Bid are true to the best of
my knowledge and belief.
BIDDER COMPANY NAME: __________________________________
SIGNED: __________________________________
PRINT NAME: __________________________________
TITLE: __________________________________
DATE: __________________________________
Sworn to and subscribed
before me this __________day
of ____________ 20____ .
____________________________
Notary Public
My commission expires
____________________________
15
SUBMIT ONLY IF CHECKED
FORM OF BID BOND
N.J.S.A. 40A:11-21
KNOW ALL MEN BY THESE PRESENTS, That we, the undersigned:
__________________________ as Principal, AND _________________________________ as Surety, are hereby
and firmly bound unto the Owner, BOROUGH OF NEW PROVIDENCE in UNION COUNTY, in the penal sum of TEN
PERCENT OF amount bid, not to exceed TWENTY THOUSAND and 00/100 dollars---(10%, not to exceed
$20,000.00), for the payment 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 ______________________________________.
The condition of the obligation is such that whereas the Principal has submitted to the Owner as defined, a certain
BID, attached hereto, and hereby made a part hereof, to enter into a contract in writing for the following project or
purchase:
__________________________________________________________________,
NOW, THEREOF,
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 in the form of Contract
provided (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance
of said Contract, and shall in all other respects perform the Agreement created by the acceptance of the Bid.
Then, this obligation shall be void, otherwise the same shall remain in force, and effect; it being expressly understood
and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount
of the obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of the Surety and its bond shall be in
no way impaired or affected by any extension of the time within which the Principal may accept such Bid; and said
Surety does hereby waive notice of any such extension.
IN WITNESS WHEREOF, the Principal and the Surety have set their hands and seals, and such of them as are
corporations having 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.
Principal:
Surety:
________________________________ (L.S.)
______________________________________
In the presence of:
By:____________________________________
________________________________
(SEAL)
(SEAL)
Sworn to and subscribed
before me this __________day
of ____________ 20____ .
____________________________
Notary Public
My commission expires
____________________________
16
SUBMIT ONLY IF CHECKED
CONSENT OF SURETY
(N.J.S.A. 40A:11-22)
A Performance Bond will be required from the successful bidder on this project, and consequently, all
bidders shall submit with their bid a certificate in substantially the following form:
TO: Borough of New Providence (Owner)
RE: ___________________________________________
(Bidder)
PROJECT: _________________________________________________________________
(Project Description)
This is to certify that the _________________________________ (name of Surety Company) will
provide to ____________________________________________ (name of Bidder) a Performance
Bond in the full amount of the awarded contract, Labor & Material (Payment Bond) if applicable,
and/or Maintenance Bond for a term and in an amount specified in this specification if applicable, in the
event that said Bidder is awarded a contract for the above Project.
IN WITNESS WHEREOF, the undersigned corporation, a surety licensed to do business in the State of
New Jersey, has caused this agreement to be signed by its duly authorized representative and its
corporate seal to be hereto affixed this _________ day of __________, 20___ .
___________________________________________
(Authorized Agent of Surety Company)
___________________________________________
(Attorney in Fact)
Date:_______________________________________
Seal:
Consent of Surety must be signed by authorized agent/representative and Attorney in Fact for
Surety Company, not by individual or company submitting bid.
17
NON-COLLUSION AFFIDAVIT
(N.J.S.A. 52:34-15)
STATE OF NEW JERSEY
SS:
COUNTY OF ____________________}
I, _________________________________, residing in __________________________,
County of _______________, State of __________________________, of full age, being first duly
sworn according to law, on my oath depose and say that:
I am the _____________________________________________________ (title or position) of
________________________________(name of firm), the bidder making this proposal for the
Bid entitled _________________________________, and that I executed the 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 BOROUGH OF NEW
PROVIDENCE 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 ________________________________________.
SIGNED: __________________________________
PRINT NAME: __________________________________
DATE: __________________________________
Sworn to and subscribed
before me this __________day
of ____________ 20____ .
____________________________
Notary Public
My commission expires
____________________________
18
AFFIRMATIVE ACTION REGULATIONS
N.J.S.A. 10:5-31 and N.J.A.C. 17:27-1 et seq.
(see Exhibits)
A. PROFESSIONAL, GOODS AND SERVICE CONTRACTS - The successful bidder 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 as forms of
evidence:
1.
A photocopy of a valid letter that the contractor is operating under an existing Federally approved or sanctioned
affirmative action program (good for one year from date of letter); OR
2.
A photocopy of a Certificate of Employee Information Report approval, issued in accordance with N.J.A.C. 17:24-4; OR
3.
An Employee Information Report (Form AA302) (electronically provided by the Division and distributed to the public
agency through the Division’s website at: http://www.state.nj.us/treasury/contract_compliance).
B. CONSTRUCTION CONTRACTS – After notification of award, but prior to signing a construction contract, the
contractor shall submit to the public agency compliance officer and the 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 undersigned vendor certifies that he/she is aware of the commitment to comply with the requirements of N.J.S.A. 10:5-31 and
N.J.A.C. 17:27-1 et seq. and agrees to furnish the required forms of evidence.
The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if said contractor fails to comply with the
requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27-1 et seq.
_____________________________________
_________________________________
Company name
Signature
_________________________________
Print Name
Sworn to and subscribed
before me this __________day
________________________________________
of ____________ 20____ .
Title
________________________________________
Date
____________________________
Notary Public
My commission expires
____________________________
19
SUBMIT ONLY IF CHECKED
BIDDERS SAFETY ACKNOWLEDGEMENT
The undersigned hereby states that as a principal of the firm submitting this proposal, he or she is fully
aware that all safety regulations of the Occupational Safety and Health Administration (OSHA) and the
requirements of the State of New Jersey Department of Labor and Workforce Development and Manual
On Uniform Traffic Control Devices (MUTCD) shall be adhered to on this project and that he or she
shall instruct his or her personnel to follow these regulations. These regulations include, but not limited
to, the regulations concerning Trench Excavation, Traffic Control, Competent Persons and Confined
Space Regulations.
If it is observed by an official representative of the Borough that these safety regulations are not being
followed and there exists a potential serious safety deficiency that could result in accident, I
acknowledge that this City representative may stop the project until the safety deficiency is corrected
without any claim for additional compensation by this firm.
_______________________________
__________________________________
Witness or Attested By
Signature
_______________________________
__________________________________
Date
Name of Organization
__________________________________
Print Name and Title of Person Signing
20
Borough of New Providence
DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN PURSUANT TO N.J.S.A. 52:32-57 (P.L 2012 c.25, P.L 2021, c.4),
and N.J.S.A. 40A:11-2.1
Project Name: Purchase and Delivery of Odor Control Chemicals
Bidder-Person or Entity Name:__________________________________
PART 1 – CERTIFICATION
COMPLETE PART 1 BY CHECKING EITHER BOX
Pursuant to law, any person or entity that is a successful bidder or proposer, or otherwise proposes to enter into or renew a contract, for goods or
services must complete the certification below prior to contract award to attest, under penalty of perjury, that neither the person or entity, nor any
parent entity, subsidiary, or affiliate, is identified on the New Jersey Department of Treasury’s Chapter 25 list as a person or entity engaging in
investment activities in Iran. This list is found on Treasury’s website at www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf
The Chapter 25 list must be reviewed prior to completing the below certification. If a vendor or contractor is found to be in violation of law, action
may be taken as appropriate and as may be provided by law, rule, or contract, including but not limited to imposing sanctions, seeking compliance,
recovering damages, declaring the party in default, and seeking debarment or suspension of the party.
I certify, pursuant to law, that neither the person or entity listed above, nor any parent entity, subsidiary, or affiliate appears on the N.J.
Department of Treasury's lists of entities determined to be engaged in prohibited activities in Iran pursuant to P.L. 2012, c. 25
("Chapter 25 List'). I further certify that I am the person listed above, or I am an officer or representative of the entity listed above and
am authorized to make this certification on its behalf. I will skip Part 2 and sign and complete the Certification below.
OR
I am unable to certify as above because the person or entity and/or a parent entity, subsidiary, or affiliate is listed on the N.J.
Department's Chapter 25 list. I will provide a detailed, accurate, and precise description of the activities as directed in Part 2 below,
and sign and complete the Certification below. Failure to provide such will prevent the award of the contract to the person or entity,
and appropriate penalties, fines, and/or sanctions will be assessed as provided by law.
PART 2: ADDITIONAL INFORMATION
PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN.
You must provide a detailed, accurate, and precise description of the activities of the person or entity, or of a parent entity, subsidiary, or affiliate
thereof, engaging in investment activities in Iran in the space below and, if more space isneeded, on additional sheet/s provided by you.
PART 3: CERTIFICATION OF TRUE AND COMPLETE INFORMATION
I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any attachments there, to the best of my
knowledge, are true and complete. I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity.
I acknowledge that the Borough of New Providence is relying on the information contained herein and hereby acknowledge that I am under a
continuing obligation from the date of this certification through the completion of any contracts with the Borough of New Providence to notify the
Borough in writing of any changes to the answers of information contained herein.
I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification. If I do so, I recognize
that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with the Borough of Ne
and that the City of Summit at its option may declare any contract(s) resulting from this certification void and unenforceable.
Full Name (Print)
Title
Signature
Date
21
Borough of New Providence
CERTIFICATION OF NON-INVOLVEMENT IN
PROHIBITED ACTIVITIES IN RUSSIA OR BELARUS
Pursuant to N.J.S.A. 52:32-60.1 and N.J.S.A. 40A:11-2.2 (P.L. 2022, c. 3) any person or entity (hereinafter "Vendor”) that seeks to
enter into or renew a contract with a local contracting unit subject to Local Public Contracts Law for the provision of goods or services,
or the purchase of bonds or other obligations, must complete the certification below indicating whether or not the Vendor is identified
on the Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, available here:
https://sanctionssearch.ofac.treas.gov/. If the Department of the Treasury finds that a Vendor has made a certification in violation of
the law, it shall take any action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing
sanctions, seeking compliance, recovering damages, declaring the party in default, and seeking debarment or suspension of the
party.
I, the undersigned, certify that I have read the definition of "Vendor" below, and have reviewed the Office of Foreign Assets Control
(OFAC) Specially Designated Nationals and Blocked Persons list, and having done so certify:
(Check the Appropriate Box)
A
That the Vendor is not identified on the OFAC Specially Designated Nationals and Blocked Persons list on
account of activity related to Russia and/or Belarus.
OR
B
That I am unable to certify as to "A" above, because the Vendor is identified on the OFAC Specially
Designated Nationals and Blocked Persons list on account of activity related to Russia and/or Belarus.
OR
C
That I am unable to certify as to "A" above, because the Vendor is identified on the OFAC Specially
Designated Nationals and Blocked Persons list. However, the Vendor is engaged in activity related to Russia
and/or Belarus consistent with federal law, regulation, license or exemption. A detailed description of how the
Vendor's activity related to Russia and/or Belarus is consistent with federal law is set forth below. (Attach additional
sheets if necessary.)
Signature of Vendor’s Authorized Representative
Date
Print Name and Title of Vendor’s Authorized Representative
Vendor’s FEIN
Vendor’s Name
Vendor’s Phone Number
Vendor’s Address (Street Address)
Vendor’s Fax Number
Vendor’s Address (City/State/Zip Code)
Vendor’s Email Address
' Vendor means: (1) A natural person, corporation, company, limited partnership, limited liability partnership, limited liability company, business association, sole proprietorship, joint
venture, partnership, society, trust, or any other nongovernmental entity, organization, or group; (2) Any governmental entity or instrumentality of a government, including a multilateral
development institution, as defined in Section 1701(c)(3) of the International Financial Institutions Act, 22 U.S.C. 262r(c)(3); or (3) Any parent, successor, subunit, direct or indirect
subsidiary, or any entity under common ownership or control with, any entity described in paragraph (1) or (2).
22
INSTRUCTIONS TO BIDDERS
I. SUBMISSION OF BIDS
A. The Borough of New Providence, Union County, New Jersey (hereinafter referred to as "Owner") invites sealed bids in
accordance with the public advertisement as required by law, with a copy of said notice being attached hereto and
made a part of these specifications.
B. Sealed bids will be received by the designated representative at the time and place stated in the Notice to Bidders, and
at such time and place will be publicly opened and read aloud.
C. The bid proposal form shall be submitted, in a sealed envelope: (1) addressed to the OWNER, (2) bearing the name
and address of the bidder written on the face of the envelope, and (3) clearly marked "BID" with the contract title and/or
bid number being bid. DO NOT STAPLE, BIND OR OTHERWISE FASTEN ANY BID DOCUMENTS. USE ONLY
EASILY REMOVABLE PAPER CLIPS, BINDER CLIPS, ETC. ALL PAGES MUST BE 8 ½ X 11”. DO NOT
INCLUDE/FASTEN SMALLER OR LARGER FOLDED PAGES. PROPOSAL MUST BE COPIER READY.
Only return bid submission/original signature documents; do not return information sections of the specifications
(Instructions to Bidders, General T&C, Technical Specifications, Exhibits) unless otherwise instructed.
D. It is the bidder's responsibility to see that bids are presented to the OWNER by the hour and at the place designated.
Bids may be hand delivered or mailed; however, the OWNER disclaims any responsibility for bids forwarded by regular
or overnight mail. If the bid is sent by express mail service, the designation in section C, above, must also appear on
the outside of the express mail envelope. Bids received after the designated time and date will be returned
unopened.
E. Sealed bids forwarded to the OWNER 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 or represents the principal or
principals involved in the bid. Once bids have been opened, they must remain firm for a period of sixty (60) calendar
days, or for such longer period as may be agreed pursuant to N.J.S.A. 40A:11-24.a.
F. All signatures, where required, must be original. All notarizations, where required, must be original. Photocopy,
facsimile, or other electronic production of signatures or notarizations will not be acceptable.
All prices and amounts must be written in ink or preferably machine printed. Bids containing any conditions, omissions,
unexplained erasures or alterations, items not called for in the bid proposal form, attachment of additive information not
required by the specifications, or irregularities of any kind, may be rejected by the OWNER. Any changes, whiteouts,
strikeouts, etc. in the bid must be initialed in ink by the person signing the bid.
G. Each bid proposal form must give the full business address, mailing address if different, business phone, fax, e-mail if
available, the contact person of the bidder and be signed by an authorized representative as follows:
• Bids by partnerships must furnish the full name of all partners and must be signed in the partnership name by one of
the members of the partnership or by an authorized representative, followed by the signature and designation of the
person signing.
• Bids by corporations must be signed in the legal name of the corporation, followed by the name of the State in which
incorporated and must contain the signature and designation of the president, secretary or other person authorized to
bind the corporation in the matter.
• Bids by sole-proprietorship shall be signed by the proprietor.
• When requested, satisfactory evidence of the authority of the officer signing shall be furnished.
H. Bidder should be aware of the following statutes that represent “Truth in Contracting” laws:
• N.J.S.A. 2C:21-34, et seq. governs false claims and representations by bidders. It is a serious crime for the bidder to
knowingly submit a false claim and/or knowingly make material misrepresentation.
• N.J.S.A. 2C:27-10 provides that a person commits a crime if said person offers a benefit to a public servant for an
official act performed or to be performed by a public servant, which is a violation of official duty.
• N.J.S.A. 2C:27-11 provides that a bidder commits a crime if said person, directly or indirectly, confers or agrees to
confer any benefit not allowed by law to a public servant.
• Bidder should consult the statutes or legal counsel for further information.
I.
Bidders shall 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, etc. All transportation charges shall be fully prepaid by
the contractor F.O.B. destination and placement at locations specified by the OWNER. As specified, placement
23
may require inside deliveries. No additional charges will be allowed for any transportation costs resulting from partial
shipments made for the contractor’s convenience.
J. The vendor shall guarantee any or all materials and services supplied under these specifications. Defective or inferior
items shall be replaced at the expense of the vendor. In case of rejected materials, the vendor will be responsible for
return freight charges.
II. BID SECURITY AND BONDING REQUIREMENTS
The following provisions if indicated by an (X), shall be applicable to this bid and be made a part of the bidding documents:
A. BID GUARANTEE (mandatory for construction over $100K; becomes mandatory if required for any
other bid)
Bidder shall submit with the bid a certified check, cashier's check or bid bond in the amount of ten percent (10%) of the total
price bid, not to exceed $20,000, payable unconditionally to the OWNER. When submitting a Bid Bond, it shall contain
Power of Attorney for full amount of Bid Bond from a surety company authorized to do business in the State of New Jersey
and acceptable to the OWNER. The check or bond of the unsuccessful bidder(s) shall be returned pursuant to N.J.S.A.
40A:11-24a. The check or bond of the bidder to whom the contract is awarded shall be retained until a contract is executed
and the required performance bond or other security is submitted. The check or bond of the successful bidder shall be
forfeited if the bidder fails to enter into a contract pursuant to N.J.S.A. 40A:11-21.
Failure to submit a bid guarantee shall result in rejection of the bid.
B. CONSENT OF SURETY (mandatory for construction over $100K; becomes mandatory if required for
any other bid)
Bidder shall submit with the bid a Certificate (Consent of Surety) with Power of Attorney for full amount of bid price from a
Surety Company authorized to do business in the State of New Jersey and acceptable to the OWNER stating that it will
provide said bidder with a Performance Bond in the full amount of the awarded contract. This certificate shall be
obtained in order to confirm that the bidder to whom the contract is awarded will furnish Performance , and Labor and
Material (Payment) and /or Maintenance Bonds, if applicable, from an acceptable surety company on behalf of said bidder,
any or all subcontractors or by each respective subcontractor or by any combination thereof which results in performance
security equal to the total amount of the contract, pursuant to N.J.S.A. 40A:11-22.
Failure to submit a consent of surety form shall result in rejection of the bid.
C. PERFORMANCE BOND (mandatory for construction over $100K; becomes mandatory if required for
any other bid)
Successful bidder shall simultaneously with the delivery of the executed contract, submit an executed bond in the amount of
one hundred percent (100%) of the awarded contract as security for the faithful performance of this contract.
The performance bond provided shall not be released until final acceptance of the whole work and then only if any liens or
claims have been satisfied.
Failure to submit this with the executed contract shall be cause for declaring the contract null and void
pursuant to N.J.S.A. 40A:11-22.
The surety on such bond or bonds shall be a duly authorized surety company authorized to do business in the
State of New Jersey N.J.S.A. 17:31-5.
24
III. INTERPRETATION AND ADDENDA
A.
The bidder understands and agrees that its bid is submitted on the basis of the specifications prepared by the OWNER.
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. 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
pursuant to N.J.S.A. 40A:11-13. In the event the bidder fails to notify the OWNER of such ambiguities, errors or
omissions, the bidder shall be bound by the requirements of the specifications and the bidder’s submitted bid.
1.
Should any work or material be required which is not denoted in the specifications or drawings as applicable,
either directly or indirectly, but which is, nevertheless, necessary for the proper carrying out of the intent thereof, it
is understood and agreed that the same is implied and required and that the Contractor shall perform suck work
and furnish such materials as fully as if they were completely delineated and prescribed.
2.
Where drawings are provided, anything shown on the drawings and not mentioned in the specifications or
mentioned in the specifications and not shown on the drawings shall have the same effect as if shown or
mentioned respectively in both. Technical specifications take priority over general specifications and detail
drawings take precedence over general drawings. Special Conditions take precedence over General Conditions.
Any conflict or inconsistency in the drawings shall be submitted by the Contractor to the Owner, whose decision
thereon shall be conclusive.
C.
No oral interpretation and or clarification of the meaning of the specifications for any goods and services will be made
to any bidder. Such request shall be in writing, addressed to the OWNER’S representative stipulated in the
specification. In order to be given consideration, written requests for interpretation must be received at least seven
(7) business days prior to the date fixed for the opening of the bid.
All interpretations, clarifications 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 specification and bid documents, and shall be acknowledged by the bidder in the
bid. The OWNER’S interpretations or corrections thereof shall be final.
When issuing addenda, the owner shall provide required notice prior to the official receipt of bids to any person who
has submitted a bid or who has received a bid package pursuant to N.J.S.A. 40A:11-23c. The owner is not responsible
to potential bidders that did not receive a bid package directly from the owner or otherwise obtains Borough of New
Providence related documents via third party.
D.
Discrepancies in Bids
1.
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.
2.
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 OWNER of
the extended totals shall govern.
E.
Pre-Bid Conference (Construction)
If stated in the Notice to Bidders:
A Pre-Bid Conference will NOT be held for this bid.
A Pre-Bid Conference for this proposal will be held on ___________________________________.
Attendance is not mandatory, but strongly recommended. Failure to attend does not relieve the bidder of
any obligations or requirements.
25
IV. BRAND NAMES, PATENTS, STANDARDS OF QUALITY AND PERFORMANCE
A.
Brand names and/or descriptions used in these specifications are to acquaint bidders with the types of goods
and services desired and will be used as a standard by which goods and services offered as equivalent will be
evaluated.
B.
Variations between the goods and services described and the goods and services offered are to be fully
identified and described by the bidder on a separate sheet and submitted with the bid proposal form. Vendor
literature WILL NOT suffice in explaining exceptions to these specifications. In the absence of any exceptions
by the bidder, it will be presumed and required that the goods and services as described in the bid specification
be provided or performed.
C.
It is the responsibility of the bidder to document and/or demonstrate the equivalency of the goods and services
offered. The OWNER reserves the right to evaluate the equivalency of the goods and services.
D.
In submitting its 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 and all actions
or suits charging such infringement, and will save the OWNER harmless from any damages resulting from
such infringement.
E.
Only manufactured and farm products of the United States, wherever available, shall be used on this contract
pursuant to N.J.S.A. 40A:11-18.
F.
Wherever practical and economical to the OWNER, and whenever appropriate for the types of equipment or
materials being supplied, it is desired that recycled or recyclable products be provided. However, no such
recycled or recyclable materials shall be used in any vehicle, equipment, or construction project without the
specific approval of the OWNER.
G.
The contractor shall guarantee any or all goods and services supplied under these specifications. Defective or
inferior goods shall be replaced at the expense of the contractor. The contractor will be responsible for return
freight or restocking charges.
V.
INSURANCE AND INDEMNIFICATION
A. Types and Amounts of Required Insurance
The Bidder shall maintain insurance of the types marked by below. The minimum amounts of insurance to be carried by
the Bidder during the life of the contract shall be as listed.
a.
General Liability, including Premises Operations, Products/Completed Operations, Personal and Advertising
Injury Liability, Contractual Liability and Property Damage Liability
Combined Single Limit of $1,000,000.00 Each Occurrence and a $2,000,000.00 General Aggregate and a $2,000,000.00
Products-Completed Operations Aggregate, with Borough of New Providence to be named as additional insured using
Forms CG2010 and CG2037 or their equivalents (a blanket additional insured endorsement is not an equivalent). The
General Liability Policy may not contain a “third-party over action” exclusion, therefore a copy of the vendor’s general
liability policy may be requested for review. Property damage coverage shall be extended to cover damage to
underground wires, ducts, pipes, conduits, etc.
b.
Workers' Compensation and Employer's Liability Insurance
Statutory Limits of Workers’ Compensation insurance shall be maintained in full force during the life of the contract,
covering all employees engaged in performance of the contract pursuant to N.J.S.A. 34:15-12(a) and N.J.A.C. 12:235-1.6.
Each subcontractor shall provide Statutory Limits of Workers' Compensation and Employer's Liability Insurance for the
latter's employees, unless such employees are covered by the protection afforded by Contractor's insurance.
Employers Liability Insurance shall have limits not less than $500,000 per accident.
26
c. Automobile Liability Insurance to include “Non-Owned and Hired Automobiles” with Borough of New Providence to be
named as additional insured by endorsement.
One person in any one occurrence ............................................................................................ $500,000.
Two or more persons in any one occurrence ............................................................................ $l,000,000.
Property damage in any one occurrence ................................................................................... $250,000.
OR
Combined Single Limit .............................................................................................................. $l,000,000.
All policies shall remain in effect until all work has been completed. The Bidder shall ascertain the cost of all required insurance
before preparing and submitting the bid.
B. Certificates of the Required Insurance
Certificates of Insurance for those policies required above shall be submitted to and accepted by the Borough of new Providence
before the contract can be fully executed. Such coverage shall be with an insurance company authorized to do business in the
State of New Jersey and shall name the Borough of New Providence as an additional insured.
The certificate of General Liability insurance furnished by the vendor shall indicate that contractual liability is included. The
certificate shall also state that the vendor’s insurance for general liability, public personal injury liability and property damage
liability (in paragraph a. above) and automobile liability (in paragraph c. above) names the Borough of New Providence as an
additional insured.
Self-insured contractors shall submit an affidavit attesting to their self-insured coverage and shall name the Borough of New
Providence as an additional insured.
Insurance shall be issued on a primary and non-contributory basis; and a waiver of subrogation in favor of the Borough of New
Providence shall be included by endorsement.
C. Indemnification
Successful vendor shall indemnify and hold harmless the Borough of New Providence, its officers, agents, volunteers and
employees, from all claims, suits or actions and damages or costs of every name and description arising out of this Contract to
which the Borough of New Providence may be subjected or put by reason of the occurrence of incidents including but not limited to
injury to the person or property of another, or the property of the Borough of New Providence, resulting from negligent acts or
omissions on the part of the contractor, its agents, servants or subcontractors in the delivery of goods and services, or in the
performance of the work under this contract. The successful vendor shall indemnify and hold the Borough of New Providence
harmless from any liability to subcontractors/suppliers concerning payment for work performed or goods supplied arising out of this
contract.
D. Subletting
If any work is sublet, each subcontractor shall provide the same types and limits of insurance as required in a, b, and c, above by
the contractor, unless the subcontractors are covered under the contractor’s insurance.
VI.
PREPARATION OF BIDS
A.
The OWNER is exempt from any local, state or federal sales, use or excise tax (N.J.S.A. 54:32B-9).
B.
Estimated Quantities (Open-End Contracts): The OWNER has attempted to identify the item(s) and the estimated
amounts of each item bid to cover its requirements; however, past experience shows that the amount ordered may be
different than that submitted for bidding. The right is reserved to decrease or increase the quantities specified in the
specifications pursuant to N.J.A.C. 5:30-11.2 and 11.10. NO MINIMUM PURCHASE IS IMPLIED OR GUARANTEED.
C. Successful bidder shall be responsible for obtaining any applicable permits or licenses from any government entity that
has jurisdiction to require the same. All bids submitted shall have included this cost.
D. Bidders shall 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, etc. All transportation charges shall be fully prepaid by
the contractor F.O.B. destination and placement at locations specified by the OWNER. As specified, placement may
require inside deliveries. No additional charges will be allowed for any transportation costs resulting from partial
shipments made for the contractor’s convenience.
27
VII. STATUTORY AND OTHER REQUIREMENTS
The following are mandatory requirements of this bid and contract.
A. Mandatory 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, included as Exhibits A and
B of this bid specification.
A. PROFESSIONAL, GOODS AND SERVICE 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:
1.
A photocopy of a valid letter that the contractor is operating under an existing Federally approved or
sanctioned affirmative action program (good for one year from the date of the letter) (Letter of Federal Approval); or
2.
A photocopy of a Certificate of Employee Information Report approval, issued in accordance with N.J.A.C.
17:24-4 (State Certificate); or
3.
An Employee Information Report (Form AA302) (electronically provided by the Division and distributed to
the public agency through the Division’s website at: http://www.state.nj.us/treasury/contract_compliance).
B. MAINTENANCE/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.
B. 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 Exhibit C of this specification and agree that the
provisions of Title II of the Act are made a part of the contract. The successful bidder is obligated to comply with the Act
and to hold the OWNER harmless (42 USC §12101 et seq).
C.
RESERVED
D. Statement of Ownership Disclosure
N.J.S.A. 52:25-24.2 provides that “No corporation, partnership, or limited liability company shall be awarded any contract
nor shall any agreement be entered into for the performance of any work or the furnishing of any materials or supplies,
unless prior to the receipt of the bid or proposal, or accompanying the bid or proposal of said corporation, said partnership,
or said limited liability company there is submitted a statement setting forth the names and addresses of all stockholders in
the corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who
own a 10 percent or greater interest therein, or of all members in the limited liability company who own a 10 percent or
greater interest therein, as the case may be.
If one or more such stockholder or partner or member is itself a corporation or partnership or limited liability company, the
stockholders holding 10 percent or more of that corporation’s stock, or the individual partners owning 10 percent or greater
interest in that partnership, or the members owning 10 percent or greater interest in that limited liability company, as the
case may be, shall also be listed. The disclosure shall be continued until names and addresses of every noncorporate
stockholder, and individual partner, and member, exceeding the 10 percent ownership criteria established in this act, has
been listed.
To comply with this section, a bidder with any direct or indirect parent entity which is publicly traded may submit the name
and address of each publicly traded entity and the name and address of each person that holds a 10 percent or greater
beneficial interest in the publicly traded entity as of the last annual filing with the federal Securities and Exchange
Commission or the foreign equivalent, and, if there is any person that holds a 10 percent or greater beneficial interest, also
shall submit links to the websites containing the last annual filings with the federal Securities and Exchange Commission or
the foreign equivalent and the relevant page numbers of the filings that contain the information on each person that holds a
10 percent or greater beneficial interest.”
Failure to submit a completed Statement of Ownership Disclosure document shall result in rejection of the bid.
28
E. The New Jersey Worker and Community Right to Know Act
The manufacturer or supplier of chemical substances or mixtures shall label them in accordance with the NJ Worker and
Community Right to Know Law (N.J.S.A. 34:5A-1 et seq., N.J.A.C. 8:59-1 et seq.). Containers that the law and rules
require to be labeled shall show the Chemical Abstracts Service number of all the components and the chemical name. The
manufacturer and supplier must properly label each container. Further, all applicable Material Safety Data Sheets (MSDS) -
hazardous substance fact sheet - must be furnished.
F. Non-Collusion Affidavit
The Non-Collusion Affidavit, which is part of these specifications, shall be properly executed and submitted with the bid
proposal (N.J.S.A. 52:34-15).
G. RESERVED
H. Business Registration Act (all bids and contracts)
Pursuant to N.J.S.A. 52:32-44, the Borough of New Providence (“Contracting Agency”) is prohibited from entering into a
contract with an entity unless the bidder/proposer/contractor, and each subcontractor that is required by law to be named in
a bid/proposal/contract has a valid Business Registration Certificate on file with the Division of Revenue and Enterprise
Services within the Department of the Treasury.
Prior to contract award or authorization, the contractor shall provide the Contracting Agency with its proof of business
registration and that of any named subcontractor(s).
Subcontractors named in a bid or other proposal shall provide proof of business registration to the bidder, who in turn, shall
provide it to the Contracting Agency prior to the time a contract, purchase order, or other contracting document is awarded
or authorized.
During the course of contract performance:
(1) the contractor shall not enter into a contract with a subcontractor unless the subcontractor first provides the
contractor with a valid proof of business registration.
(2) the contractor shall maintain and submit to the Contracting Agency a list of subcontractors and their
addresses that may be updated from time to time.
(3) the contractor and any subcontractor providing goods or performing services under the contract, and each
of their affiliates, shall collect and remit to the Director of the Division of Taxation in the Department of the
Treasury, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A. 54:32B-1 et seq.) on all sales of
tangible personal property delivered into the State. Any questions in this regard can be directed to the
Division
of
Taxation
at
(609)292-6400.
Form
NJ-REG
can
be
filed
online
at
http://www.state.nj.us/treasury/revenue/busregcert.shtml.
Before final payment is made under the contract, the contractor shall submit to the Contracting Agency a complete and
accurate list of all subcontractors used and their addresses.
Pursuant to N.J.S.A. 54:49-4.1, a business organization that fails to provide a copy of a business registration as required, or that
provides false business registration information, shall be liable for a penalty of $25 for each day of violation, not to exceed
$50,000, for each proof of business registration not properly provided under a contract with a contracting agency.
Emergency Purchases or Contracts
For purchases of an emergent nature, the contractor shall provide its Business Registration Certificate within two weeks from
the date of purchase or execution of the contract or prior to payment for goods or services, whichever is earlier.
29
I.
Political Contribution Disclosure (Pay-to-Play) (all vendors doing business with public agencies)
Contractor is advised of the responsibility to file an annual disclosure statement of political contributions with the New
Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A. 19:44A-20.27 if the contractor receives
contracts in excess of $50,000 from public entities in a calendar year. It is the contractor’s responsibility to determine if filing
is necessary. Additional information on this requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.
J. Prompt Payment for Construction, Goods or Services Contracts (As Applicable)
Pursuant to N.J.S.A. 2A:30A-1 et seq (Construction) or N.J.S.A. 40A:11-19.1 (Goods or Services)., payments for
contracts will be approved at Regular Meetings of Common Council according to the attached Exhibit C, Schedule of
Council Meeting/Bill Payment and Voucher Submission Dates, when all of the following occurs, unless otherwise notified in
writing by the Borough pursuant to the applicable law:
•
Construction or service is completed or goods are received and accepted by the City, and
•
a bill or invoice has been received by the Borough (the date of which will be the “billing date”, not the date on the
bill or invoice), and
•
a signed voucher has been received by the Borough from the contractor.
K. Disclosure of Investment Activities in Iran (all bids and contracts) – All contractors are required to comply with
N.J.S.A. 52:32-55 through 59 and complete the certification form provided by the Borough of New Providence.
L. Federal Non-Debarment Certification
Pursuant to N.J.S.A. 52:32-44.1, any natural person, company, firm, association, corporation, or other entity prohibited, or
“debarred,” from contracting with the federal government agencies, shall also be prohibited from contracting for public work
in the state of New Jersey. This prohibition also extends to any affiliate organization(s) held by or subject to the control of an
entity of that prohibited person or entity.
Prior to awarding a contract for public work a local units must obtain written certification from the contracting person or entity
through the form below, attesting to their non-debarment from contracting with federal government agencies.
M. Document Retention
Pursuant to N.J.S.A. 52:15C-10 and N.J.A.C. 17:44-2.2: The Company shall maintain all documentation related to
products, transactions or services under this contract for a period of five years from the date of final payment. Such records
shall be made available to the New Jersey Office of the State Comptroller upon request.
N. Antidiscrimination Provisions
Pursuant to N.J.S.A. 10:2-1, Every contract for or on behalf of the State or any county or municipality or other political
subdivision of the State, or any agency of or authority created by any of the foregoing, for the construction, alteration or
repair of any public building or public work or for the acquisition of materials, equipment, supplies or services shall contain
provisions by which the contractor agrees that:
a. In the hiring of persons for the performance of work under this contract or any subcontract hereunder, or for the
procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be
acquired under this contract, no contractor, nor any person acting on behalf of such contractor or subcontractor, shall,
by reason of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or
sexual orientation or sex, discriminate against any person who is qualified and available to perform the work to which
the employment relates;
b. No contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate
any employee engaged in the performance of work under this contract or any subcontract hereunder, or engaged in the
procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be
acquired under such contract, on account of race, creed, color, national origin, ancestry, marital status, gender identity
or expression, affectional or sexual orientation or sex;
c. There may be deducted from the amount payable to the contractor by the contracting public agency, under this
contract, a penalty of $50.00 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
d. This contract may be canceled or terminated by the contracting public agency, and all money due or to become due
hereunder may be forfeited, for any violation of this section of the contract occurring after notice to the contractor from
the contracting public agency of any prior violation of this section of the contract.
O. Disclosure of Prohibited Activities in Russia or Belarus – All contractors are required to comply with N.J.S.A. 52:32-
60.1 et seq and N.J.S.A. 40A:11-2.2 and complete the certification form provided by the Borough of New Providence.
30
VIII.
METHODS OF AWARD
A.
All contracts shall be for 12 consecutive months unless otherwise noted in Technical or Supplemental Specifications. Pursuant
to requirements of N.J.A.C. 5:30-5.1 et seq., any contract resulting from this bid shall be subject to the availability and
appropriation of sufficient funds annually. Please see section X, TERMINATION OF CONTRACT, SUB-SECTION E, for
additional information.
1.
Pursuant to N.J.S.A. 40A:11-15, 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 extension/s 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 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.
This Bid includes a provision for the following extension/s of an awarded contract subject to the terms of the section above:
One (1) two-year extension
Two (2) one-year extensions
B.
The OWNER may award the work on the basis of the Base Bid, combined with such Alternates as selected pursuant to the
applicable terms of N.J.S.A. 40A:11-23.1(d), until a net amount is reached which is within the funds available.
C.
If the award is to be made on the basis of Base Bids only, it will be made to that responsible bidder submitting the lowest base
bid. If the award is to be made on the basis of a combination of a Base Bid with selected Options, it will be made to that
responsible bidder submitting the lowest net bid.
D.
The OWNER may also elect to award the contract on the basis of line items or unit prices, whichever results in the lowest total
amount.
E.
The successful bidder will not assign any interest in this contract and shall not transfer any interest in the same without the prior
written consent of the OWNER.
F.
The form of contract shall be submitted by the OWNER to the successful bidder. Terms of the specifications/bid package
prevail. Bidder exceptions must be formally accepted by the OWNER.
G.
The Common Council reserves the right to reject all bids or proposals, waive any minor defects, and consider bids for sixty (60)
days after their receipt pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
IX.
CAUSE FOR REJECTION OF 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 materially unbalanced;
E.
The bidder is determined to possess, pursuant to N.J.S.A. 40A:11-4b, Prior Negative Experience; or
F.
If the successful bidder fails to enter into a contract within 21 days after making of the award, Sundays and holidays excepted, or
as otherwise agreed upon by the parties to the contract. In this case at its option, the OWNER may accept the bid of the next
lowest responsible bidder (N.J.S.A. 40A:11-24b).
31
X.
TERMINATION OF CONTRACT
A.
If, through any cause, the successful bidder shall fail to fulfill in a timely and proper manner obligations under this contract or if
the contractor shall violate any of the requirements of this contract, the OWNER shall thereupon have the right to terminate this
contract by giving written notice to the contractor of such termination and specifying the effective date of termination. Such
termination shall relieve the OWNER of any obligation for balances to the contractor of any sum or sums set forth in the contract.
OWNER will pay only for goods or services accepted prior to termination.
B.
Notwithstanding the above, the contractor shall not be relieved of liability to the OWNER for damages sustained by the OWNER
by virtue of any breach of the contract by the contractor and the OWNER may withhold any payments to the contractor for the
purpose of compensation until such time as the exact amount of the damage due the OWNER from the contractor is determined.
C.
The contractor agrees to indemnify and hold the OWNER 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 OWNER under this
provision.
D.
In case of default by the successful bidder, the OWNER may procure the goods or services from other sources and hold the
successful bidder responsible for any excess cost.
E.
Continuation of the terms of this contract beyond the fiscal year is contingent on availability of funds in the following year's
budget. In the event of unavailability of such funds, the OWNER reserves the right to cancel this contract.
F.
Acquisition, Merger, Sale and/or Transfer of Business, Etc.
It is understood by all parties that if, during the life of the contract, the contractor disposes of his/her business concern by
acquisition, merger, sale and/or transfer or by any means convey his/her interest(s) to another party, all obligations are
transferred to that new party. In this event, the new owner(s) will be required to submit all documentation/legal instruments that
were required in the original bid/contract. Any change shall be approved by the OWNER.
G.
The contractor will not assign any interest in the contract and shall not transfer any interest in the same with the prior written
consent of the OWNER.
H.
The OWNER may terminate the contract for cause or without cause by providing 30 calendar days advanced notice to the
contractor. Such termination shall relieve the OWNER of any obligation for balances to the contractor of any sum or sums set
forth in the contract. OWNER will pay only for goods or services accepted prior to termination.
XI.
PAYMENT
A.
No payment will be submitted to the Borough Treasurer and Mayor and Council for approval unless duly authorized by the
OWNER’s authorized representative and accompanied by proper documentation.
B.
Payment will be made in accordance with the Owner’s policy and procedures. See Exhibit C, Schedule of Council Meeting/Bill
Payment and Voucher Submission Dates.
32
TECHNICAL SPECIFICATIONS
Purchase and Delivery of Odor Control Chemicals
TS01 GENERAL
1.1
The project included in these specifications is the Purchase and Delivery of Odor Control
Chemicals including bioxide chemicals, chemical delivery, feed system equipment rental, hydrogen
sulfide sampling, monitoring, analysis reporting and bioxide dosage adjustment. The location of the
project is the New Providence Wastewater Treatment Plant, New Providence, New Jersey. All work
done under this project shall be completed in a quality manner at the highest standard of the industry.
1.2
The work included in these specifications is also subject to all bid documents, such as
Instructions to Bidders, General Conditions, Specific Conditions, and all other documents that are a
part of this bid package.
1.3
It is the intent of these specifications to provide the purchase and delivery of odor and
corrosion control chemicals and appurtenances, at the New Providence Wastewater Treatment Plant
(New Providence).
TS02 GENERAL REQUIREMENTS
2.1
The items listed below shall be considered the minimum requirements for the desired, in
addition to the normal features provided by custom in the trade. Brand names and/or descriptions used
in these specifications are to acquaint bidders with the types of goods and services desired and will be
used as a standard by which goods and services offered as equivalent will be evaluated. For each
instance a brand name is listed, “or equal” shall be understood as if was stated with each instance, with
the brand name furnished as a guide for the purposes of evaluating comparable products of other
manufacturers.
2.2
Each bidder shall submit, along with the Bid Proposal Forms, a complete description of
the Purchase and Delivery of Odor and Corrosion Control Chemicals to be furnished for the bid prices.
2.3
a.
For all specifications met by the Bidder, any “Exceptions” space shall remain blank.
b.
For all specifications which are met by an alternate, Bidder shall submit a list with
any “Exceptions” space marked “ALTERNATE”, identifying the particular specification that
cannot be met and a detailed description of the alternate proposal.
c.
For all specifications which cannot be met, Bidder shall submit a list with any
“Exceptions” space marked “NO BID ITEM”, followed by an exact identification of the
item(s) for which no bid will be offered.
33
2.4
It is the Bidder’s responsibility to fully justify any alternates or no bid items to the complete
satisfaction of the Owner. The Bidder shall attach with the Bid Proposal as much information as is
necessary to do so. Failure to respond fully, or any misrepresentations incorporated therein, will result
in immediate rejection of the Bid Proposal.
TS03 SCOPE OF WORK FOR THE PURCHASE AND DELIVERY OF ODOR CONTROL
CHEMICALS
3.1
The following specifications for the Purchase and Delivery of Odor Control Chemicals.
Bidder’s price shall be based on a site visit, inspection of these documents and the listed scope of work
herein. Work must commence upon notification by the Borough that all required documents including a
fully executed agreement have been received and accepted by the Borough.
The scope of work generally includes, but may not necessarily be limited to the following:
1. Mobilization includes insurance requirements.
2. Site preparation and protection, within the areas specified herein.
3. Monitor and maintenance of the Odor Control monitoring, reporting and alarm systems and
appurtenances, including controls, pump, piping, pipe supports, chemical pipes connection
assembly fittings and appurtenances as specified herein or as required.
4. Separate delivery records include volume in gallons with date and time, for bioxide delivery for
the Summit site.
5. Temporary support of all delivery equipment including pipe, fittings, equipment, materials and
utilities.
6. Provide all temporary services including power, lighting and security.
7. Local permits and approvals as required.
8. Maintain continuous operation of the existing sewage systems without any disruption in operation
and service, as required.
9. Schedule and coordinate the work with the Owner and other Contractors.
10. Post delivery clean-up site, including removal and residual chemicals and maintenance of fill
connections.
11. All other work required for a complete and satisfactory operation installation.
34
3.2
It is the sole responsibility of the Contractor to ensure that all OSHA and other pertinent
safety requirements are met and/or exceeded, including but not limited to:
1. It is essential to the public health and safety that the operations of the existing sewage
conveyance system be maintained. No interruptions of operations shall be permitted
and only such changed in the normal operation procedures as are approved in writing
by the Engineer shall be permitted.
2. The entire contract work shall be completed in strict accordance with all applicable
Federal, State and Municipal regulations and ordinances and the best standards of
practice.
3. The Contractor is advised that the area of work is an existing sewerage system which
shall remain in use throughout the Work. The Contractor is advised that various
portions of the Work may involve entrance and work by the Contractor in confined
spaces as defined by N.J.A.C. 12:100 et seq. The Contractor shall be responsible for
obtaining all permits and following the safety procedures for working in a hazardous
atmosphere and a confined space.
4. All work shall be performed in accordance with all applicable safety codes. Applicable
safety codes shall include the latest edition including any and all amendments,
revisions and additions thereto the Federal Department of Labor, Occupational Safety,
and Health Administration’s “Occupational Safety and Health Standards” (OSHA), and
applicable safety, health regulations and building codes for construction in the State of
New Jersey.
Equipment access, staging locations, etc., to be coordinated with the Sewerage System
Operator.
3.3
Award of Bid Conditions
•
If your firm is selected as the lowest and most qualified bidder, this office will advise the
Borough of New Providence and notification of the decision will be provided to you.
SECTION TS03 EXCEPTIONS: ______________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
35
SECTION TS04 through TS17 – NOT USED
TS18
GUARANTEE AND WARRANTY
18.1 The Bidder shall personally guarantee the general workmanship and all Chemical
delivery, monitoring and adjustment and/or modifications to the Purchase and Delivery of Odor Control
Chemicals and all connections thereto, in written form acceptable to the Owner for a period of not less
than one year from the date of delivery and acceptance. The guarantee shall be against any an all
defects, and shall provide for the repair and/or replacement of materials or equipment during the
guarantee period without charge to the Owner. No EXCEPTIONS.
18.2 The Bidder shall provide the Owner with the manufacturer’s guarantees and
warranty documents for the chemical delivery, monitoring and adjustment and/or modifications to the
Purchase and Delivery of Odor Control Chemicals and for all components. NO EXCEPTIONS.
- End of Specifications Exhibits Follow –
36
EXHIBIT 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 et seq.
GOODS, GENERAL SERVICES, AND PROFESSIONAL SERVICES CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of
age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability,
nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that
equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during
employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation,
gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth
provisions of this nondiscrimination clause.
The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national
origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex.
The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided
by the agency contracting officer, advising the labor union of the contractor's commitments under this chapter and shall post copies of the
notice in conspicuous places available to employees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to
N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act.
The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance
with N.J.A.C. l7:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment
agencies, placement bureaus, colleges, universities, and labor unions, that it does not discriminate on the basis of age, race, creed, color,
national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and
that it 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 targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer,
upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, race, creed, color, national origin,
ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the
statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.
The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of
the following three documents:
Letter of Federal Affirmative Action Plan Approval;
Certificate of Employee Information Report; or
Employee Information Report Form AA-302 (electronically provided by the Division and distributed to the public agency through the
Division’s website at: http://www.state.nj.us/treasury/contract_compliance).
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase & Property, CCAU, EEO
Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public
agencies shall furnish such information as may be requested by the Division of Purchase & Property, CCAU, EEO Monitoring Program for
conducting a compliance investigation pursuant to N.J.A.C. 17:27-1.1 et seq.
37
EXHIBIT B
AMERICANS WITH DISABILITIES ACT OF 1990
Equal Opportunity for Individuals with Disability
The CONTRACTOR and the OWNER do hereby agree that the provisions of Title II of the Americans With Disabilities Act of
1990 (the "ACT") (42 U.S.C. S12101 et seq.), which prohibits discrimination on the basis of disability by public entities in all
services, programs, and activities provided or made available by public entities, and the rules and regulations promulgated
pursuant thereunto, are made a part of this contract. In providing any aid, benefit, or service on behalf of the 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 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 proceedings 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.
- 38 -
EXHIBIT C
BOROUGH OF NEW PROVIDENCE
BUSINESS ENTITY DISCLOSURE CERTIFICATION
FOR Non-fair and open Contracts
Required Pursuant To N.J.S.A. 19:44A-20.8
Part I – Vendor Affirmation
The undersigned, being authorized and knowledgeable of the circumstances, does hereby certify that:
has not made and will not make any reportable contributions pursuant to N.J.S.A. 19:44A-1 et seq. that, pursuant to P.L. 2023, c.
30, would bar the award of this contract in the one year period preceding January 1, 2025 to any of the following named candidate
committee or joint candidates committee representing the elected officials of the Borough of New Providence as defined pursuant
to N.J.S.A. 19:44A-3 (q) and (r).
Mayor Allen Morgan
Councilperson Nadine Geoffroy
Councilperson Diane Bilicska
Councilperson Alex Kogan
Councilperson Matthew Cumiskey
Councilperson Lisa McKnight
Councilperson Kathleen Dolan
Part II – Ownership Disclosure Certification
I certify that the list below contains the names and home addresses of all owners holding 10% or more of the issued and
outstanding stock of the undersigned.
Check the box that represents the type of business entity:
Partnership
Corporation
Sole Proprietorship
Subchapter S Corporation
Limited Partnership
Limited Liability Corporation
Limited Liability Partnership Limited Liability Company
Name of Stock or Shareholder
Home Address
Part 3 – Signature and Attestation:
The undersigned is fully aware that if I have misrepresented in whole or part this affirmation and certification, I and/or the
business entity, will be liable for any penalty permitted under law.
Name of Business Entity:___________________________________________
Signed:________________________________
Title:__________________________________
Print Name:____________________________
Date:__________________________________
Subscribed and sworn before me this ___ day of ___________, 2
_____.
My Commission expires:
_________________________________
(Affiant)
____________________________
(Print name & title of affiant) (Corporate Seal)
- 39 -
EXHIBIT D
PUBLIC UTILITIES
Public Service Electric & Gas Co.
48 Middle Avenue
Summit, New Jersey 07901
908-522-7407
New Jersey American Water Co.
167 JFK Parkway
Short Hills, New Jersey 07078
800-652-6987 – customer service
800-987-5325
Comcast Cablevision of New Jersey
800 Rahway Avenue
Union, New Jersey 07083
732-602-7410 or 1-800-COMCAST
Verizon
445 Georges Road
North Brunswick, New Jersey 08902
800-275-2355
Jersey Central Power & Light
300 Madison Avenue
Morristown, New Jersey 07960
800-662-3115
New Providence Wastewater Operations
Department of Public Works
10 Park Place
New Providence, New Jersey 07974
908-665-1077
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performance bond
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"...If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form of Contract
provided (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance
of said Contract, and shall in all other respects perform the Agreement created by the acceptance of the Bid...."
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Contacts
Denise Brinkofski
BOROUGH CLERK
hidden@email.com
UnlockAnthony Carnevale
Operator · Wastewater Operations
(***) ***-****
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Timeline
First Discovered
Mar 19, 2026
Last Info Update
Apr 30, 2026
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