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Bids & Notice Archive
BID #: Q24-01
ISSUED: 9/26/2025
DUE: 10/8/2025
VALUE: $45,000
60
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Red Risk
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Executive Summary
The Borough of Ship Bottom is seeking bids for various projects and services, including recreational improvements at the John J. Guld Recreation Area, uniforms for various departments, and a new municipal building. The recreation area project involves constructing an ADA-accessible pickleball court and potential repairs/reconstruction of existing tennis, bocce ball, and shuffleboard courts, along with other park improvements, to be completed within 60 calendar days from notice of award for base bids, and by May 15th, 2026 for alternate bids. The uniform bids cover a range of departments, including Beach Patrol, Public Works, and Police, with varying specifications for each. Bids for the new municipal building are due on January 14, 2021, and the project must be completed within 660 calendar days of the contract award.
Web Content
Current Bids & RFPS Post Due Date Description Notice to Bidders – John J. Guld Recreation Area Improv. 10/08/2025 at 10:00 AM Recreational improvements for Ship Bottom’s John G. Guld Park Bids & Notice Archive April 9th, 2025 Uniform Bid Specs November 11, 2025 Cambridge Bench Specs July 15, 2024 Emergency Medical Services System April 18, 2024 Uniform Contract September 13, 2023, Water Tower Lease Notice to Bidders , Agreement ( Bid Spec 1 | Bid Spec 2 ) August 29, 2023 T-Shirt Bids October 19, 2022 Garbage Spec Notice to Bidders ( Bid Spec 1 | Bid Spec 2 | Bid Spec 3 | Bid Spec 4 ) February 3, 2022 Memory Bench Quotes January 12, 2021 Memory Bench Quotes January 11, 2021 Cleaning Borough Hall Quotes December 08, 2020 Bid for Municipal Building July 10, 2020 Memory Bench Quotes March 2019 – RFP June 25, 2018 – BID May 2, 2018 – BID August 11, 2017 – RFQ July 11, 2017 – RFP September 26, 2016 – RFP September 2016 Notice – Bond Anticipation Notes October 2015 Notice – Bond Anticipation Notes September 2015 Notice – Bond Anticipation Notes July 2015 Notice – Placement of Clothing Recycling Bins
Document Text
--- Document: Notice to Bidders – John J. Guld Recreation Area Improv. ---
NOTICE TO BIDDERS
A NOTICE IS HEREBY GIVEN that sealed Bid Packets will be received by the Borough of Ship Bottom
located in the County of Ocean, State of New Jersey on Wednesday, October 8, 2025 at 10:00 AM prevailing time
at the Borough of Ship Bottom located at 1621 Long Beach Boulevard, Ship Bottom, New Jersey 08008 at which
time and place the Bid Packets will be publicly unsealed and its contents announced in public for the JOHN J.
GULD RECREATION AREA IMPROVEMENTS.
The scope of Work contemplated for the above-named Project generally includes construction of one (1) new
ADA accessible pickleball court at John J. Guld Recreation Area, including concrete perimeter curbing, perimeter
fencing and associated improvements. It also includes various Alternate Bids for the repair and re-color coating
of two (2) existing tennis courts, reconstruction of the existing bocce ball court, new storage garage, repair and
re-color coating of two existing shuffleboard courts, new ADA complaint water bottle station at the park, and
reconstruct existing horseshoe pits as well as all other Work of any type or description necessary for contemplation
of the Project, whether or not specifically described in these Contract Documents.
All Base Bid Scope of Work on this Contract shall be completed within Sixty (60) Calendar Days from Notice
of Award, for all Base Bid Scope of work, other than final general surface restoration and color coating of the new
pickleball court, which must be completed by May 15th, 2026. All Alternate Bid Scope of Work, if Awarded by the
Township, shall be completed by May 15th, 2026.
Contract Documents and Plans for the proposed Work, which have been prepared by Charles P. Cunliffe, P.E.,
of the firm of T&M Associates, are available at the office of said Engineer at 1144 Hooper Avenue, Suite 202,
Toms River, NJ, 08753 and may be inspected by prospective Bidders during business hours.
Bidders will be furnished with a copy of the Contract Documents upon proper notice and payment of a non-
refundable charge of Seventy Five Dollars ($75.00) payable to "T&M Associates" at the offices of T&M Associates
to defray the cost thereof.
The provided Bid Packet must be completed in the manner designated in the Contract Documents, must be
enclosed in a sealed envelope bearing the name and address of the Bidder and the name of the Project on the
outside and must be addressed to the Borough Administrator of the Borough of Ship Bottom. Also, Bid Packets
must be accompanied by a Statement of Consent of Surety from a surety company holding a Certificate of
Authorization to do business in the State of New Jersey and either a Bid Bond or a Certified Check drawn to the
order of "Borough of Ship Bottom" for not less than ten percent (10%) of the total bid price amount, except that
the check shall not exceed $20,000.00. The successful Bidder is hereby notified that a Performance and Payment
Bonds for the full amount of this Project is required.
The award of the Contract for this Project will not be made until the necessary funds have been provided by
Borough of Ship Bottom in a lawful manner. By virtue of Executive Order #34 (1976), vendors currently suspended,
debarred or disqualified are excluded from participating on this Project.
The successful Bidder shall be required to comply with the applicable statutory requirements of the Contract
Documents and Plans which include all of the following: (i) NJ.A.C. 17:27; (ii) N.J.S.A. 10:5-31 et seq.; (iii) Business
Registrations (N.J.S.A. 52:32-44); (iv) Prevailing Wage Act (N.J.S.A. 34:11-56.25, et seq.); (v) Public Work
Contractor Registration (N.J.S.A. 34:11-56.48); and (vi) Affirmative Action Requirements (N.J.S.A. 10:5-1, et seq.);
and any other legal requirements applicable to this Project.
Borough of Ship Bottom intends to award this Project to the lowest responsible and responsive Bidder in
accordance with applicable law. The Borough of Ship Bottom reserves the right to reject any and all Bid Packets
to the extent permitted by law. An award will be made, or Bid Packets will be rejected within sixty (60) Calendar
Days after the opening of the Bid Packets, during which time the Bid Packets shall be irrevocable and unavailable
to withdraw by Bidders, unless otherwise extended in the Contract Documents.
BY ORDER OF KATHLEEN FLANAGAN, BOROUGH ADMINISTRATOR
Publication Date: September 26, 2025
--- Document: April 9th, 2025 Uniform Bid Specs ---
Project #2025-001, - Borough of Ship Bottom – Uniform Bid
NOTICE TO BIDDERS
BOROUGH OF SHIP BOTTOM
2025 Uniforms & Clothing Bid
Sealed bids for 2025 uniforms & clothing will be received by the Borough of Ship Bottom at the Ship Bottom
Borough Hall, located at 1621 Long Beach Blvd., Ship Bottom, in the County of Ocean, State of New Jersey, on
April 25, 2025 at 10:00 a.m., at which time said bids will be publicly opened and read aloud. No bid shall be accepted
after the date and hour specified. The Borough is not responsible for loss or destruction of any bids mailed or
delivered to the Borough Clerk prior to the time set for bid opening.
Bids shall be enclosed in a sealed envelope addressed to the Borough of Ship Bottom with the front of the
envelope plainly marked with the name and address of the bidder and name of item being bid upon. Two (2) copies
of the bid forms properly signed are required. Official forms of the bid specifications and bid proposals are available
in the Borough Clerk’s Office and may be obtained by prospective bidders at said office during regular business
hours of 9:00 a.m. to 4:30 p.m., Monday through Friday, and must be used when submitting a bid proposal.
The Borough of Ship Bottom reserves the right to reject any or all bids, or to waive any informalities in the
bids, should it be deemed in the best interest of the Borough of Ship Bottom to do so.
WILLIAM HUELSENBECK, MAYOR
Kristy Correnti, Municipal Clerk
Borough of Ship Bottom
Project #2025-001, - Borough of Ship Bottom – Uniform Bid
Bid Document Submission Checklist
Borough of Ship Bottom
Borough of Ship Bottom Uniforms Bid
Required with
Submission of
Bid:
Owner's
Checkmarks: X
Initial Each
Item
Submitted
with Bid
(Bidder's
Initials)
X
Authorized Business Agent
X
NJ State Business Registration Certificate
X
Statement of Corporate Ownership/Certification,
Pursuant to NJSA 52:25-24.2
X
Russia, Belarus, Iranian Certification
X
Bid Response Sheet and Specifications
X
Bidder's acknowledgement of Receipt of any Notice(s)
or Revision(s) or Addenda to an advertisement,
specifications or bid document(s)
X
Non-Collusion Affidavit
X
Acknowledgement of Affirmative Action
X
Affirmative Action Mandatory Language
X
Americans With Disabilities Act
X
W-9 (upon award)
X
Additional Bid and Contract Provisions
X
Insurance Certificates
X
Indemnification Agreement
Signature: The undersigned hereby acknowledges review and submission of the above-listed requirements.
Name of Bidder:__________________________________________________________________________
Signature of Authorized Agent:______________________________________________________________
Name and Title:__________________________________________________________________________
Date:________________________________ Contact phone: ______________________________________
Project #2025-001, - Borough of Ship Bottom – Uniform Bid
BOROUGH OF SHIP BOTTOM
NON-COLLUSION STATEMENT
Upon request, the bidder will be expected to amplify the foregoing statements as necessary to satisfy the
Borough concerning his ability to successfully perform the work in a satisfactory manner.
The undersigned bidder submitting this proposal or bid certifies and affirms that such bid is genuine and is not
the result of collusion. Said bidder has not colluded, conspired, connived. or agreed, directly or indirectly, with
any bidder or person, to put in a false bid, or that such other persons shall refrain from bidding. Said bidder has
not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference,
with any person, to fix overhead, profit or cost element of said bid price, or that of any other bidder, or to
secure any advantage against the Borough or any person interested in the proposed contract. Further, such
bidder has not, directly or indirectly, submitted this bid, or the contents thereof, or divulged information or
data relative thereto to any association or to any member or agent thereof; and, that no Borough official or
employee is interested directly or indirectly in the bid or in any portion of the bid, nor in the contract or in any
part of the contract which may be awarded the undersigned on the basis of such bid.
Signed this________day of______________________________, _____.
____________________________________
(Bidder)
By__________________________________
Signature of Authorized Individual, Partner or Officer
Signing the Proposal
Print Name:
________________________________
Title:
________________________________
Date:
________________________________
Project #2025-001, - Borough of Ship Bottom – Uniform Bid
CERTIFICATE BUSINESS REGISTRATION
(P.L. 2004, c.57)
(N.J.S.A. 52:32-44)
All business organizations that do business (i.e. compete for or enter into a contract) with a State, County or
Local Contracting Agency are required to be registered with the State and provide proof of their registration to
the contracting agency. Proof of valid business registration shall be in the form of a Business Registration
Certificate issued by the Department of the Treasury, Division of Revenue. Information on how a business can
obtain a certificate is located on the Internet at www.nj.gov/njbgs or by telephone at 609-292-1730. The purpose
of the registration is to ensure that all businesses and their subsidiaries receiving government contracts pay
appropriate sales, use, and other taxes. A contractor and its subcontractor(s) must collect and remit to the
Division of Taxation the use tax pursuant to the Sales & Use Tax Act on all sales of tangible personal property
delivered into this State. Notice of these requirements must be provided in bid specifications, requests for
proposals and any other documents notifying potential contractors or procurement opportunities.7
Business registration is required for any contract in excess of $6,600 (15% of $44,000) for municipalities with
Qualified Purchasing Agents.
A contracting agency shall not enter into a contract with a business organization unless it has received proof of
the business registration at the time of the bid or the proposal submission, in response to a request for bids or
proposals. For all other transactions, the proof of business registration must be received prior to the issuance of
a purchase order or other contracting document.
All public contractors submitting bids for public work must submit a copy of their proof of business registration
with their bids. Bidders must also obtain and submit proof of registration from those subcontractors at all levels
(tiers) if the specifications require the subcontractor to be listed or named in the bidder’s submission. Proof of
valid business registration must be provided by the bidders and their named subcontractors at all levels (tiers) at
the time the bid or proposal is officially received and opened by the contracting agency if required by the
specifications. Failure to submit proof of registration is considered a mandatory rejection of bids and is non-
waivable by the contracting agency.
The contractor shall provide written notice to its subcontractor and suppliers of the responsibility to submit proof
of business registration to the contractor. The requirement of proof extends down through all levels (tiers) of the
project. After the award of a project, the contractor has the obligation to obtain proof of registration from each
subcontractor or a supplier on the project (in addition to those listed or named in the bid submission) and file
proof of their business registration with the contracting agency prior to receiving final payment.
If there are no subcontractors on a project, the contractor must certify to that effect.
-----Attach Certificate-----
Project #2025-001, - Borough of Ship Bottom – Uniform Bid
CERTIFICATION: Authorized Business Agent
AUTHORITY TO SUBMIT BID ON BEHALF OF THE BUSINESS ORGANIZATION
I, _____________________________________, certify that I am the_____________________ of the Corporation,
Name
Title
Limited Liability Corporation, Partnership, or Sole Proprietorship and named as Principal in the within bid; and I certify
that ___________________________________, who signed the bid on behalf of the Principal was then the
____________________________ of said corporation, that I know his or her signature, and his/ her signature thereto is
Title
genuine and that said bid was duly signed, sealed, and attested to for and on behalf of said Business Organization by
authority of the Owner(s) / Managing Member(s).
________________
Date
____________
Corporate Seal
Name: _________________________________
Signature
Name: _________________________________
Printed
Title: __________________________________
Business Organization Name:
_____________________________________________________
Project #2025-001, - Borough of Ship Bottom – Uniform Bid
BOROUGH OF SHIP BOTTOM
APPENDIX A
AMERICANS WITH DISABILITIES ACT OF 1990
Equal Opportunity for Individuals with Disability
The contractor and the BOROUGH OF SHIP BOTTOM, (hereafter “owner”) do hereby agree that the provisions
of Title 11 of the Americans With Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 et seq.), which
prohibits discrimination on the basis of disability by public entities in all services, programs, and activities
provided or made available by public entities, and the rules and regulations promulgated pursuant there unto, are
made a part of this contract. In providing any aid, benefit, or service on behalf of the owner pursuant to this
contract, the contractor agrees that the performance shall be in strict compliance with the Act. In the event that
the contractor, its agents, servants, employees, or subcontractors violate or are alleged to have violated the Act
during the performance of this contract, the contractor shall defend the owner in any action or administrative
proceeding commenced pursuant to this Act. The contractor shall indemnify, protect, and save harmless the
owner, its agents, servants, and employees from and against any and all suits, claims, losses, demands, or
damages, of whatever kind or nature arising out of or claimed to arise out of the alleged violation. The contractor
shall, at its own expense, appear, defend, and pay any and all charges for legal services and any and all costs and
other expenses arising from such action or administrative proceeding or incurred in connection therewith. In any
and all complaints brought pursuant to the owner’s grievance procedure, the contractor agrees to abide by any
decision of the owner, which is rendered pursuant to said grievance procedure. If any action or administrative
proceeding results in an award of damages against the owner, or if the owner incurs any expense to cure a
violation of the ADA, which has been brought pursuant to its grievance procedure, the contractor shall satisfy
and discharge the same at its own expense.
The owner shall, as soon as practicable after a claim has been made against it, give written notice thereof to the
contractor along with full and complete particulars of the claim, If any action or administrative proceeding is
brought against the owner or any of its agents, servants, and employees, the owner shall expeditiously forward
or have forwarded to the contractor every demand, complaint, notice, summons, pleading, or other process
received by the owner or its representatives.
It is expressly agreed and understood that any approval by the owner of the services provided by the contractor
pursuant to this contract will not relieve the contractor of the obligation to comply with the Act and to defend,
indemnify, protect, and save harmless the owner pursuant to this paragraph.
It is further agreed and understood that the owner assumes no obligation to indemnify or save harmless the
contractor, its agents, servants, employees and subcontractors for any claim which may arise out of their
performance of this Agreement. Furthermore, the contractor expressly understands and agrees that the provisions
of this indemnification clause shall in no way limit the contractor’s obligations assumed in this Agreement, nor
shall they be construed to relieve the contractor from any liability, nor preclude the owner from taking any other
actions available to it under any other provisions of the Agreement or otherwise at law.
Project #2025-001, - Borough of Ship Bottom – Uniform Bid
BOROUGH OF SHIP BOTTOM
ACKNOWLEDGMENT OF RECEIPT OF NOTICES, REVISIONS OR
ADDENDA
Pursuant to Local Public Contracts Law 40A:11-23 the contractor/bidder shall acknowledge by signature the
following:
ADDENDUM #1 dated _____________________________
ADDENDUM #2 dated _____________________________
ADDENDUM #3 dated _____________________________
Bidder's Signature ________________________________________
Bidder’s Printed Name: _____________________________________
Company Name: __________________________________________
Project #2025-001, - Borough of Ship Bottom – Uniform Bid
BOROUGH OF SHIP BOTTOM
INSURANCE CERTIFICATES
Name of Bidder:____________________________________________________________________
Address:___________________________________________________________________________
The Vendor is required to submit actual Certificate(s) of Insurance
establishing Insurance coverage of the type and amount required in
accordance with the procedure set forth by the Contract Documents.
(Documents to be submitted prior to the resolution of award)
2. GENERAL LIABILITY INSURANCE
General liability insurance shall be provided with limits of not less than $1,000,000.00 any one person and
$1,000,000.00 any one accident for bodily injury and $1,000,000.00 aggregate for property damage, and shall be
maintained in full force during the life of the contract.
Signature:
________________________________
Print Name:
________________________________
Title:
________________________________
Date:
________________________________
Project #2025-001, - Borough of Ship Bottom – Uniform Bid
STATEMENT OF OWNERSHIP
DISCLOSURE CERTIFICATION
N.J.S.A. 52:25-24.2 (P.L. 1977, c.33)
This Statement Shall Be Included with Bid Submission
No corporation, partnership, limited partnership, limited liability corporation, limited liability partnership, Subchapter S
corporation or sole proprietorship shall be awarded a contract for the performance of any work or the furnishing of any
materials or supplies, unless, prior to the receipt of the bid or accompanying the bid of said corporation, partnership, limited
partnership, limited liability corporation, limited liability partnership, Subchapter S corporation or sole proprietorship,
there is submitted a statement setting forth the names and addresses of all stockholders who own ten (10) percent or more
of the stock of any class, or of all individual partners who own a ten (10) percent or greater interest therein. If one or more
such stockholder is itself a corporation or partnership, the stockholders holding 10% or more of that corporation’s stock,
or the individual partners owning 10% or greater interest in that partnership, as the case may be, shall also be listed. The
disclosure shall be continued until names and addresses of every non-corporate stockholder and individual partner,
exceeding the 10% ownership criteria established in this act has been listed. This form shall be signed and submitted with
the bid whether or not a stockholder or partner owns less than 10% of the business submitting the bid.
The Attorney General has concluded that the provisions of N.J.S.A. 52:25-24.2, in referring to corporations and
partnerships, are intended to apply to all forms of corporations and partnerships, including, but not limited to, limited
partnerships, limited liability corporations, limited liability partnerships, and Subchapter S corporations.
Bidders are required to disclose whether they are a partnership, corporation or sole proprietorship. The Stockholder
Disclosure Certification form shall be completed, signed and notarized. Failure of the bidder to submit the required
information is cause for automatic rejection of the bid.
Project #2025-001, - Borough of Ship Bottom – Uniform Bid
STATEMENT OF OWNERSHIP DISCLOSURE
N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43)
This statement shall be completed, certified to, and included with all bid and proposal submissions.
Failure to submit the required information is cause for automatic rejection of the bid or proposal.
Name of
Organization:________________________________________________________________________
Organization
Address:____________________________________________________________________________
Part I Check the box that represents the type of business organization:
___ Sole Proprietorship (skip Parts II and III, execute certification in Part IV)
___ Non-Profit Corporation (skip Parts II and III, execute certification in Part IV)
___ For-Profit Corporation (any type) ___ Limited Liability Company (LLC)
___ Partnership ___Limited Partnership ___ Limited Liability Partnership (LLP)
___ Other (be specific): ______________________________________________
Part II
___
The list below contains the names and addresses of all stockholders in the corporation who own 10
percent or more 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
Home Address (for Individuals) or Business Address
Project #2025-001, - Borough of Ship Bottom – Uniform Bid
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
Home Address (for Individuals) or Business Address
Part IV Certification
I, being duly sworn upon my oath, hereby represent that the foregoing information and any attachments thereto to
the best of my knowledge are true and complete. I acknowledge: that I am authorized to execute this certification
on behalf of the bidder/proposer; that the Borough of Ship Bottom 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 Ship Bottom Beach to notify the Borough of Ship Bottom 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 Ship Bottom to declare
any contract(s) resulting from this certification void and unenforceable.
Full Name
(Print):
Title:
Signature:
Date:
Project #2025-001, - Borough of Ship Bottom – Uniform Bid
Project #2025-001, - Borough of Ship Bottom – Uniform Bid
Project #2025-001, - Borough of Ship Bottom – Uniform Bid
Project #2025-001, - Borough of Ship Bottom – Uniform Bid
Project #2025-001, - Borough of Ship Bottom – Uniform Bid
BOROUGH OF SHIP BOTTOM
ADDITIONAL BID AND CONTRACT PROVISIONS
______________________________________________________________________________
1.01. ADDITIONAL GENERAL TERMS
1.01.01. Included Charges. All bid or quoted prices shall be net and shall include all transportation and/or
delivery charges. No additional charges shall be paid for any reason.
1.01.02. Minimum Purchase Guarantee. The Borough reserves the right to purchase the item(s) and/or
service(s) bid herein from New Jersey State Contract, the County of Ocean Cooperative Contract, the Stafford
Borough Cooperative Pricing System, or any other Cooperative Pricing System of which the Borough is a
registered member, as applicable.
1.01.03. Quality of Materials and Services. The bidder/vendor (collectively “Vendor”) shall guarantee
any and all goods, materials, and/or services supplied under these specifications. Defective or inferior items and
defective services shall be replaced and corrected, respectively, at the expense of the Vendor. If the Vendor shall
fail to furnish and deliver the supplies, goods, or any item thereof or services within time specified and allowed,
the Borough may cancel as to those goods which are not furnished and/or delivered or services and may also
cancel the remainder of the order and may deduct and retain out of the moneys due, or which may become due
to such person or firm from the Borough, such sum as shall be sufficient to pay the difference between the prices
on which the award is made and the prices which the Borough may or shall be obligated to pay to procure such
supplies or services from other parties, and in addition, usual damages for breach of contract. The contractor
shall properly clean up all areas affected by his work. The premises shall be left in the same condition as prior
to starting the contractor's activities.
1.01.04. Goods Specifications. All items bid upon or quoted shall conform to the written descriptions and
specifications. Specific manufacturers, models and brand names may be mentioned in these specifications to
establish the level of quality sought by the Borough. Manufacturers, models, and items of equivalent or greater
quality may be substituted and so noted, in writing, on the applicable exception sheets. The burden of proof as
to the equality of any substitutions shall be the Vendor’s responsibility. The Borough reserves the right to request
a sample of any substitutions being bid, prior to award of contract. Failure to change the descriptions as above
will be interpreted to mean that the bidder intends to furnish the particular make of article called for in the
specifications, and the Borough shall insist upon delivery of the specified item. Substitutions shall not be
permitted after bids have been opened and accepted by the Borough. All decisions as to the quality of the products
shall be made by the Borough and such decisions shall be final. In case of rejected materials, the vendor will be
responsible for return freight charges.
1.01.05. Permits. As required, the Vendor shall secure all permits, licenses, and bonds, and shall pay all
necessary fees required in the performance of the work. The Vendor shall fully inform himself as to the cost of
all necessary permits, licenses, and bonds, and shall include this cost in the unit prices bid for the work, unless
directed differently in the specifications.
1.01.06. Emergent Goods and Services. The Borough reserves the right to require the Vendor to both
quote and timely deliver any emergent materials, supplies, equipment, etc., which are consistent with the items
listed but not specifically set forth in this document during the period of performance (term of this contract).
Emergent requirements include, but are not limited to, those currently undefined, unanticipated, and otherwise
non-routine requirements which could not have been included at solicitation as specified (detailed) requirements.
The Borough reserves the right to secure similar goods and services from other entities pursuant to the emergency
exception of the Local Public Contract Law.
Project #2025-001, - Borough of Ship Bottom – Uniform Bid
1.01.07. Business Registration Certificate (“BRC”). All business organizations that do business with a
local contracting agency (i.e. Borough) are required to be registered with the State of New Jersey, Department
of Treasury, Division of Revenue, and provide proof of that registration to the contracting agency before the
contracting agency may enter into a contract with the business. While the inclusion of a copy of your BRC is no
longer mandatory with the bid submission, all Vendors (bidders) and subcontractors are required to be registered
with the Department of the Treasury, Division of Revenue on the date of receipt of bids. A BRC is required prior
to the time a contract, purchase order or other contracting document is awarded.
1.01.08. Subcontractor and Supplier Indemnification. The Vendor agrees to indemnify and hold the
Borough 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.
2.01. TERM; FUNDS; LOWEST RESPONSIBLE BIDDER; MULTIPLE AWARDS; WAIVER
2.01.01. Transitional Period. In the event a new contract for the specific services and/or goods has not
been awarded prior to the contract expiration date, it shall be incumbent upon the Vendor to continue the contract
under the same terms and conditions until a new contract(s) can be completely operational. At no time shall this
transition period extend more than ninety (90) days beyond the expiration date of the contract.
2.01.02. Availability of Funds. Continuation of the terms of the contract beyond the fiscal year is
contingent on availability of funds in the Borough’s following year's budget. In the event of unavailability of
such funds, the owner reserves the right to cancel the contract.
2.01.03. Lowest Responsible Bidder. The lowest responsible bidders shall be awarded pursuant to the
Local Public Contracts Law and the Borough may award the lowest responsible bidder based on the lowest per
unit cost per service or good.
2.01.04. Multiple Awards. The Borough of Ship Bottom reserves the right to make multiple awards for
this entire contract to multiple bidders and further reserves the right to make multiple awards based upon the
lowest per unit cost per service or good. In the event multiple Vendors are awarded by the Borough, the lowest
bidder for each unit category shall be the first Vendor called to provide the goods and/or services. In the event
the first Vendor fails to timely respond and/or provide the services and goods required, the Borough shall contact
the next-lowest awarded Vendor to perform the goods and/or services. All Vendors expressly release and waive
any and all claims against the Borough relating to the Borough’s election to use additional Vendors pursuant to
this paragraph, provided the Borough first called the lowest bidder for the unit category and the lowest bidder
failed to timely provide the goods and/or services. In the event no Vendor is able to comply with the delivery
and time requirements set forth in this bid, the Borough reserves the right to procure the required goods from
third-party vendors in accordance with the Local Public Contracts Law.
2.01.05 Extensions. In the event the contract includes an option or extension period pursuant to N.J.S.A.
40A:11-15, 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. The extension shall require the mutual agreement of the parties and shall be agreed upon more than
ninety (90) days from the end of the initial term of the contract.
3.01. TERMINATION OF CONTRACT
3.01.01. Termination for Default. If, through any cause, the Vendor shall fail to fulfill in a timely and
proper manner obligations under the contract or if the Vendor shall violate any of the requirements of the
contract, the Borough shall there upon have the right to terminate the contract by giving written notice to the
Vendor of such termination and specifying the effective date of termination. Such termination shall relieve the
Project #2025-001, - Borough of Ship Bottom – Uniform Bid
Borough of any obligation for balances to the Vendor of any sum or sums set forth in the contract for services
not performed and goods not delivered. Borough shall pay only for goods and services accepted prior to
termination. Notwithstanding the above, the Vendor shall not be relieved of liability to the owner for damages
sustained by the Borough by virtue of any breach of the contract by the Vendor and the owner may withhold any
payments to the Vendor for the purpose of compensation until such time as the exact amount of the damage due
the Borough from the Vendor is determined.
3.01.02. Additional Goods and Servies. In the event of default by the Vendor, the Borough may procure
the goods or services from other sources, including any additional Vendors who were awarded the bid pursuant
to the specifications and who bid higher rates than the Vendor, and hold the Vendor responsible for any excess
cost.
3.01.03. Termination for Convenience. The Borough may at any time and for any reason terminate
Vendor’s services and work at Borough’s convenience. Upon receipt of such notice, Vendor shall, unless the
notice directs otherwise, immediately discontinue the work and placing of orders for materials, facilities and
supplies in connection with the performance of this Agreement. Vendor shall not be entitled to any claim or
claim of lien against Borough for any additional compensation or damages in the event of such termination and
payment. The owner may terminate the contract for convenience by providing 30 calendar days advanced notice
to the Vendor.
3.01.04. Unauthorized Subcontracting. Unauthorized subcontracting of any portion of the work will be
cause for immediate termination of the contract.
4.01. INSURANCE REQUIREMENTS
4.01.1. Insurance Certificate. The Vendor shall provide proof of insurance at the time of award that names
the Borough as an additional insured.
4.01.2. Minimum Coverages. The minimum insurance coverages and requirements set forth in the bid
specifications.
5.01. MISCELLANEOUS
5.01.01. Entire Agreement. The bid specifications, all forms set forth in the bid packet and/or
advertisement, the applicable laws and regulations, and this Additional Bid and Contract Specifications shall
comprise the complete and entire agreement and understanding between the parties and supersedes all previous
understandings and agreements, whether oral or written.
5.02.02. Interpretation. The bid specifications, all forms set forth in the bid packet and/or advertisement,
the applicable laws and regulations, and this Additional Bid and Contract Specifications shall be interpreted in
favor of the Borough in the event of a conflict.
5.02.03. Severability. If any provision or portion of any provision of the contact documents with the
Vendor shall be held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the remaining
provisions or portions thereof shall remain in full force and effect.
5.02.04. Force Majeure. Neither party is liable for any default or delay in the performance of any of its
obligations under this Agreement (other than failure to make payments when due) if such default or delay is
caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation,
fire, flood, acts of God, labor disputes, accidents, pandemics, acts of war or terrorism, interruptions of
transportation or communications, supply shortages or the failure of any third party to perform any commitment
Project #2025-001, - Borough of Ship Bottom – Uniform Bid
relative to the production or delivery of any equipment or material required for such party to perform its
obligations hereunder.
5.02.05. WAIVER OF JURY TRIAL. THE BIDDER HEREBY WAIVES ANY AND ALL RIGHTS
TO A TRIAL BY JURY IN ANY CLAIM, ACTION, PROCEEDING OR COUNTERCLAIM AGAINST THE
BOROUGH ON ANY MATTERS ARISING OUT OF OR IN ANY WAY RELATED TO THIS BID, THE
CONTRACTUAL REQUIREMENTS, AND/OR THE RELATIONSHIP BY AND BETWEEN THE BIDDER
AND THE BOROUGH.
Dated: ____________
____________________________________
SIGNATURE
____________________________________
PRINT NAME AND TITLE
STATE OF ________________
)
)
SS
COUNTY OF _____________
)
On _______, 20____ before me, _________________________, Notary Public, in and for said County,
personally appeared (signer) who has satisfactorily identified him/her as the signer on behalf of the Vendor to
the above-referenced document.
____________________________________
Notary’s Name
Seal
Project #2025-001, - Borough of Ship Bottom – Uniform Bid
INDEMNIFICATION AGREEMENT
THIS AGREEMENT (“Agreement”), by and between Borough of Ship Bottom (“Borough”), whose
address
is
1621
Long
Beach
Boulevard,
Ship Bottom,
New
Jersey
08008,
and
_________________________________________________
(“Bidder”),
whose
address
is
___________________________________________________, shall be binding and legally effective upon the
execution of the Bidder.
WITNESSETH:
1.
Bidder expressly, knowingly, and, to the fullest extent permitted by law, agrees to and shall release,
indemnify, defend, and hold harmless Borough, its elected and appointed officials, officers, employees,
agents, volunteers, and others working on behalf of the Borough, from and against any loss, damages,
claims, causes of action, liabilities, obligations, penalties, demands, municipal mechanic’s liens filed
pursuant to N.J.S.A. 2A:44-125, et seq., and any and all other costs and expenses, including attorneys’
fees and costs, threatened against, suffered, and/or incurred by Borough, its elected and appointed
officials, officers, employees, agents, volunteers, and others working on behalf of the Borough arising
out of and/or in any manner relating to the contracted and/or licensed activity engaged in and/or the work
or services provided by Bidder, its officers, owners, agents, employees, independent contractors, guests,
volunteers, others working on behalf of Bidder, and the acts, omissions, and/or negligence of the Bidder,
its officers, owners, agents, employees, independent contractors, guests, volunteers, and others working
on behalf of or which the Bidder is responsible for arising out of and/or relating to the Bidder’s contract
with the Borough. Bidder shall be responsible and liable for the payment of any and all of the foregoing
attorney’s fees and costs to attorneys of Borough’s selection for any investigation and review, pre-
litigation, litigation, post-judgment litigation, bankruptcy proceedings, and any and all appeals arising
out of and/or relating to this Agreement.
2.
The terms of this indemnification agreement shall be in addition and cumulative to the indemnification
provisions set forth in the general conditions of the contract documents.
3.
The existence of any available and/or applicable insurance shall not waive or release Bidder from the
Bidder’s obligations set forth in this Agreement.
Dated: ____________
____________________________________
BIDDER
STATE OF ________________
)
)
SS
COUNTY OF _____________
)
On _______, 20__ before me, _________________________, Notary Public in and for said county,
personally appeared (signer) who has satisfactorily identified him/her as the signer on behalf of the Bidder to the
above-referenced document.
____________________________________
Notary’s Name
Seal
Project #2025-001, - Borough of Ship Bottom – Uniform Bid
2025 SHIP BOTTOM BEACH PATROL (LIFEGUARD) DEPARTMENT UNIFORMS
(Please note: all listed items are “Name Brand or Equivalent”)
BID RESPONSE SHEET AND SPECIFICATIONS
Jackets: assorted sizes, color – (black), fabric – poly-tech water resistant soft shell jacket, price is to include
(embroidery over right chest area, PMS color match required).
LG-1: Independent Trading Company - #EXP35SSZ
Unit Price: ______
______ ______
______
______
0 – 35
36 & Over 72 & Over
96 & Over
144 & Over
*Equivalent:___________________________________________________________
Sweats (tops): assorted sizes, color – (navy), fabric – 10 oz. superweight fleece hoodie, price is to include - (3
inch SBBP red felt, white tackle twill border, full front, PMS color match required).
LG-2: Pennant Super-10 Hoodie - #701
Unit Price:
______
______
______
______
______
0 – 35
36 & Over 72 & Over
96 & Over
144 & Over
*Equivalent:___________________________________________________________
Sweats (bottoms): assorted sizes, color – (grey), fabric – 10 oz. superweight fleece sweatpant, price is to include
– (1 inch SBBP embroidery, left hip, PMS color match required).
LG-3: Pennant Super-10 Pocket Sweatpant - #706P
Unit Price:
______
______
______
______
______
0 – 35
36 & Over 72 & Over
96 & Over
144 & Over
*Equivalent:___________________________________________________________
Boardshorts: assorted sizes, color – (racing red & black racing red), fabric – 4-way stretch; 18.5” outseam and
8.5” inseam; scalloped hem.
LG-4: Florence F1 Burgee Cordura Boardshort
Unit Price: ______
______ ______
______
______
0 – 35
36 & Over 72 & Over
96 & Over
144 & Over
*Equivalent:___________________________________________________________
T-shirts: assorted sizes, color – (yellow), fabric - 4.5 oz. 100% ring spun cotton t-shirt, price is to include - (1
color full front imprint, 1 color full back imprint, 1 color small sleeve imprint, discharge print required, PMS
color match required).
LG-5: Hanes Unisex Perfect-T T-shirt - #4980
Unit Price: ______
______ ______
______
______
0 – 35
36 & Over 72 & Over
96 & Over
144 & Over
Project #2025-001, - Borough of Ship Bottom – Uniform Bid
*Equivalent:___________________________________________________________
Tanks: assorted sizes, color – (red triblend #00014), fabric - 3.8 oz. unisex triblend tank, price is to include - (1
color full front imprint, 1 color full back imprint, discharge print required, PMS color match required).
LG-6: Bella + Canvas Unisex Triblend Tank - #3484
Unit Price: ______
______ ______
______
______
0 – 35
36 & Over 72 & Over
96 & Over
144 & Over
*Equivalent:___________________________________________________________
L/S Sun Protection Shirt: assorted sizes, color – (white heathered), fabric – 7.6 oz, 88% polyester, 12%
spandex, UPF 30+ lightweight active tee, price is to include - (2 color full front imprint, 1 color full back imprint,
plastisol low bleed ink required, PMS color match required).
LG-7: Anetik Mens Low Pro Tech L/S
Unit Price: ______
______ ______
______
______
0 – 35
36 & Over 72 & Over
96 & Over
144 & Over
*Equivalent:___________________________________________________________
Female Bathing Suit Tops & Bottoms: assorted sizes, colors – (navy & red), fabric – Foreverever, UPF 50+,
sporty, athletic female swimsuits, high impact, minimal stretch, price is to include - (1 color Beach Patrol logo
small imprint tops and onesies only, plastisol low bleed ink required, PMS color match required).
LG-9: Jolyn Tops – Triangle (20), Shara (6), Tom (4), Fendrick (3),
Grayson (3), Ohara (3), Ryan (1), Heidi (2), Hikari (1)
Jolyn Bottoms – Europe (25), Midl (4), Zoe (2), Andy (7), Holland (2), Team Manhattan
(1), Team Hermosa (2), Caroline (2), Chevy Tiger (1)
Unit Price: ______
______ ______
______
______
0 – 35
36 & Over 72 & Over
96 & Over
144 & Over
*Equivalent:__________________________________________________________
2025 BEACH PATROL (LIFEGUARD-IN-TRAINING) DEPARTMENT UNIFORMS
(Please note: all listed items are “Name Brand or Equivalent”)
Sweats (tops): assorted sizes, color - (navy), fabric – 50% cotton/50% polyester heavy weight, 8 oz. sq. yd.,
price is to include – (1 color imprint front upper left chest “SBBP Junior Lifeguard”, 1 color full back Beach
Patrol logo, discharge print required, PMS color match required).
LIT-1: Gildan Adult Hooded, Heavy Blend Sweatshirt - #18500
Unit Price: ______
______ ______
______
______
0 – 35
36 & Over 72 & Over
96 & Over
144 & Over
*Equivalent:___________________________________________________________
Project #2025-001, - Borough of Ship Bottom – Uniform Bid
T-shirts: assorted sizes, color – (light steel), fabric - 4.5 oz. 100% ring spun cotton t-shirt, price is to include -
(1 color full front imprint, 1 color full back imprint, discharge print required, PMS color match required).
LIT-2: Hanes Unisex Perfect-T T-shirt - #4980
Unit Price: ______
______ ______
______
______
0 – 35
36 & Over 72 & Over
96 & Over
144 & Over
*Equivalent:___________________________________________________________
L/S Sun Protection Shirt: assorted sizes, color – (phoenix heathered), fabric - 8.5 oz. ultra breathable PrimoLite
mesh, 88% polyester, 12% spandex UPF 30+ sun protection lightweight active tee, price is to include - (1 color
imprint Ship Bottom Borough logo upper left chest and 1 color imprint USLA logo upper right chest, 1 color
full front and 1 color full back imprint LIT INSTRUCTOR, plastisol low bleed ink required, PMS color match
required).
LIT-8: Anetik Mens Low Pro Tech Hoody L/S #MVLPRH8
Unit Price: ______
______ ______
______
______
0 – 35
36 & Over 72 & Over
96 & Over
144 & Over
*Equivalent:___________________________________________________________
T-shirts (LIT Tournament): assorted sizes, color – (TBD), fabric - 4.2 oz. 100% airlume combed and ring-
spun cotton t-shirt, price is to include - (1 color full front imprint, 1 color full back imprint, discharge print
required, PMS color match required).
LIT-9: Bella + Canvas Unisex Jersey Short Sleeve Tee - #3001C
Unit Price: ______
______ ______
______
______
0 – 35
36 & Over 72 & Over
96 & Over
144 & Over
*Equivalent:___________________________________________________________
Also - submit bid price for - (2 color full front imprint, 2 color full back imprint, discharge print
required, PMS color match required).
Also - submit bid price for - (3 color full front imprint, 3 color full back imprint, discharge print
required, PMS color match required).
Also - submit bid price for - (4 color full front imprint, 4 color full back imprint, discharge print
required, PMS color match required).
Also - submit bid price for - (5 color full front imprint, 5 color full back imprint, discharge print
required, PMS color match required).
Project #2025-001, - Borough of Ship Bottom – Uniform Bid
2025 SHIP BOTTOM BEACH PATROL (TOURNAMENT) DEPARTMENT
UNIFORMS
(Please note: all listed items are “Name Brand or Equivalent”)
T-shirts (Ship Bottom Invitational): assorted sizes, color – (TBD), fabric - 4.2 oz. 100% airlume combed and
ring-spun cotton t-shirt, price is to include - (1 color full front imprint, 1 color full back imprint, 1 color small
sleeve imprint, discharge print required, PMS color match required).
T-1: Bella + Canvas Unisex Jersey Short Sleeve Tee - #3001
Unit Price: ______
______ ______
______
______
0 – 35
36 & Over 72 & Over
96 & Over
144 & Over
*Equivalent:_______________________________________________________________________________
_________________________________
T-shirts (Barnegat Bay Challenge): assorted sizes, color – (TBD), fabric - 4.2 oz. 100% airlume combed and
ring-spun cotton t-shirt, price is to include - (1 color full front imprint or 1 color small front imprint, 1 color
full back imprint, discharge print required, PMS color match required).
T-2: Bella + Canvas Unisex Jersey Short Sleeve Tee - #3001
Unit Price: ______
______
______
______
______
0 – 35
36 & Over 72 & Over
96 & Over
144 & Over
*Equivalent:___________________________________________________________
______________________________________________________
T-shirts (Mermaid Classic): assorted sizes, color – (TBD), fabric - 4.2 oz. 100% airlume combed and ring-
spun cotton t-shirt, price is to include - (1 color full front imprint, 1 color full back imprint, discharge print
required, PMS color match required).
T-3: Bella + Canvas Unisex Jersey Short Sleeve Tee - #3001
Unit Price: ______
______ ______
______
______
0 – 35
36 & Over 72 & Over
96 & Over
144 & Over
*Equivalent:______________________________________________________________________
Tanks (Mermaid Classic): assorted sizes, color – (TBD), fabric – 4.2 oz. 100% airlume combed and ring spun
cotton unisex tank, price is to include - (1 color full front imprint, 1 color full back imprint, discharge print
required, PMS color match required).
T-4: Bella + Canvas Unisex Triblend Tank - #3480
Unit Price: ______
______
______
______
______
0 – 35
36 & Over
72 & Over
96 & Over
144 & Over
*Equivalent:___________________________________________________________
Project #2025-001, - Borough of Ship Bottom – Uniform Bid
2025 SHIP BOTTOM BEACH PATROL (BADGE CHECKER) DEPARTMENT
UNIFORMS
(Please note: all listed items are “Name Brand or Equivalent”)
Sweats (tops): assorted sizes, color – (navy), fabric – 10 oz. superweight fleece hoodie, price is to include - (3
inch SBBP red felt, white tackle twill border, full front,
PMS color match required).
BC-1: Pennant Super-10 Hoodie - #701
Unit Price:
______
______
______
______
______
0 – 35
36 & Over
72 & Over
96 & Over
144 & Over
*Equivalent:_______________________________________________________________________________
____________________________________
Sweats (bottoms): assorted sizes, color – (grey), fabric – 10 oz. superweight fleece sweatpant, price is to include
– (1 inch SBBP embroidery, left hip, PMS color match required). BC-2: Pennant Super-10 Pocket Sweatpant -
#706P
Unit Price:
______
______
______
______
______
0 – 35
36 & Over
72 & Over
96 & Over
144 & Over
*Equivalent:_______________________________________________________________________________
____________________________________
Tanks: assorted sizes, color – (true royal triblend #00094), fabric - 3.8 oz. unisex triblend tank, price is to include
- (1 color full front imprint, 1 color full back imprint, discharge print required, PMS color match required).
BC-3: Bella + Canvas Unisex Triblend Tank - #3484
Unit Price: ______
______ ______
______
______
0 – 35
36 & Over 72 & Over
96 & Over
144 & Over
*Equivalent:____________________________________________________________
L/S Sun Protection Shirt: assorted sizes, color – (sky heathered), fabric – 7.6 oz, 88% polyester, 12% spandex,
UPF 30+ lightweight active tee, price is to include - (2 color full front imprint, 1 color full back imprint, plastisol
low bleed ink required, PMS color match required).
BC-4: Anetik Mens Low Pro Tech L/S
Unit Price: ______
______ ______
______
______
0 – 35
36 & Over 72 & Over
96 & Over
144 & Over
*Equivalent:____________________________________________________________
Project #2025-001, - Borough of Ship Bottom – Uniform Bid
2025 SHIP BOTTOM DEPARTMENT OF PUBLIC WORKS DEPARTMENT
UNIFORMS
(Please note: all listed items are “Name Brand or Equivalent”)
T-Shirt: assorted sizes, color – (safety green), fabric – 5.5 oz, 50/50 cotton/polyester, price is to include – (1
color imprint front upper left chest “Borough of Ship Bottom, N.J. Public Works Dept.” with anchor).
PW-1: Port Company – Core Blend PC55
Unit Price: ______
______ ______
______
______
0 – 35
36 & Over 72 & Over
96 & Over
144 & Over
*Equivalent: ___________________________________________________________
Long Sleeve Shirt: assorted sizes, color – (safety green), fabric – 5.5 oz, 50/50 cotton/polyester, price is to
include – (1 color imprint front upper left chest “Borough of Ship Bottom, N.J. Public Works Dept.” with
anchor).
PW-1: Port Company – Core Blend PC55LS
Unit Price: ______
______ ______
______
______
0 – 35
36 & Over 72 & Over
96 & Over
144 & Over
*Equivalent:__________________________________________________________
2025 SHIP BOTTOM DEPARTMENT OF PUBLIC WORKS DEPARTMENT
UNIFORMS
(Please note: all listed items are “Name Brand or Equivalent”)
T-Shirt: assorted sizes (L, XL, XLT, XXL) color – (safety green), fabric – 5.5 oz, 50/50 cotton/polyester, price
is to include – (1 color imprint front upper left chest “Borough of Ship Bottom, N.J. Public Works Dept.” with
anchor).
PW-1: Port Company – Core Blend PC55
Unit Price: ______
______ ______
______
______
0 – 35
36 & Over 72 & Over
96 & Over
144 & Over
*Equivalent: ___________________________________________________________
Work shorts: color – (deep gray), 11” inseam, made from 70D, 85% Nylon/15% Spandew, Doubleweave,
Wicking treatment, 176gsm
PW-2: Truewerk T1 Werkshort
Unit Price: ______
______ ______
______
______
0 – 35
36 & Over 72 & Over
96 & Over
144 & Over
*Equivalent: ___________________________________________________________
Project #2025-001, - Borough of Ship Bottom – Uniform Bid
2025 SHIP BOTTOM HARBORMASTER DEPARTMENT UNIFORMS
(Please note: all listed items are “Name Brand or Equivalent”)
T-Shirt: assorted sizes (XXL & XXXL), color – (royal blue), fabric – 5.5 oz, 50/50 cotton/polyester, price is
to include – (1 color imprint front upper left chest “Borough of Ship Bottom Harbormaster” circling an
anchor).
PW-1: Port Company – Core Blend PC55
Unit Price: ______
______ ______
______
______
0 – 35
36 & Over 72 & Over
96 & Over
144 & Over
*Equivalent: ___________________________________________________________
2025 SHIP BOTTOM SPECIAL EVENTS
(Please note: all listed items are “Name Brand or Equivalent”)
T-shirts (Day at The Bay): assorted sizes, color – (TBD), fabric - 4.2 oz. 100% airlume combed and ring-spun
cotton t-shirt, price is to include - (4 color full front imprint, 1 color full back imprint, discharge print required,
PMS color match required).
LIT-9: Bella + Canvas Unisex Jersey Short Sleeve Tee - #3001C
Unit Price: ______
______ ______
______
______
0 – 35
36 & Over 72 & Over
96 & Over
144 & Over
*Equivalent:___________________________________________________________
2025 SHIP BOTTOM POLICE DEPARTMENT UNIFORMS
(Please note: all listed items are “Name Brand or Equivalent”)
L/S Sun Protection Shirt: assorted sizes, color – (navy), fabric – 7.6 oz, 88% polyester, 12% spandex, UPF 30+
lightweight active tee, price is to include - (1 color full front imprint “white SBPD logo in upper left corner”,
plastisol low bleed ink required, PMS color match required).
LG-7: Anetik Mens Low Pro Tech L/S
Unit Price: ______
______ ______
______
______
0 – 35
36 & Over 72 & Over
96 & Over
144 & Over
*Equivalent:___________________________________________________________
Project #2025-001, - Borough of Ship Bottom – Uniform Bid
ADDITIONAL SPECIFICATIONS
Prices quoted must include all artwork and screen charges.
Sketches, photo-ready, and or rough artwork will be provided.
Prices quoted must include delivery to the Ship Bottom Borough Hall located at 1621 Long Beach Blvd., Ship
Bottom, NJ 08008.
Embroidery Tape used is Tajima, embroidery stitch count TBD based on size and location.
*Submit bid as unit price with all costs included for each numbered item.
You must use this form when submitting bid (put price on appropriate line next to the item number you are
bidding on). Make copies of bid form if necessary.
If bidding with an equivalent item please send in sample with bid.
A finished sample (including imprinting, embroidering, placement and attachment of patches and/or tackle-twill)
of each specified item or items on the uniform bid list must be received by the Ship Bottom Beach Patrol and each
item must be approved in writing by same before the full order of the specified item can be started and finished. If
the sample is not approved or the order is completed without the receipt of a finished sample and/or written
approval by the Ship Bottom Beach Patrol, then the Borough of Ship Bottom has the right to refuse the specified
items if they are not done to the written specifications of the bid package.
Delivery shall be made according to the following schedule: Delivery date of specified bid item or items or
appropriate finished sample that meets all bid specifications shall be no later than June 7th of the bid term year.
The delivery date above is based on the assumption that the Borough of Ship Bottom will award bids on or before
April 30, 2025. The delivery date will be extended by the number of calendar days after the above date that the
contract is in fact awarded. The vendor shall compute the time available for performance beginning with the actual
date of award, rather than the date the written notice is received from the Borough of Ship Bottom through the
ordinary mail. The failure of the vendor or contractor to deliver any item or items of supply to above destination
within the time specified in the bid specifications shall result in a downward adjustment of the bid price for that
item or items or the bid for that item to be awarded to the next lowest contractor or supplier of the contractors or
suppliers whom had offered bids at the original date of the sealed bid openings for that specified item or items; the
foregoing election of remedy shall be at the sole and absolute discretion of the Borough of Ship Bottom.
The Borough of Ship Bottom is exempt from any state sales tax and also from federal excise tax.
The Borough of Ship Bottom reserves the right to make multiple awards for this contract. Award(s) will be made
pursuant to the bid specifications. If multiple awards are made, the Borough shall order each item from the bidder
who set forth the lowest per item amount. In the event that the lowest bidder for an item is unable to fulfill the
order for any or no reason, the Borough shall proceed to order the item from then next-lowest bidder awarded the
contract until the item can be fulfilled pursuant to the requirements of the contract. It is not required that bidders
bid on every item.
PROCEDURE: Bids shall be enclosed in a sealed envelope, bearing the name of the bidder and the name of
the item which the bid covers and shall be addressed to the QPA (Finance Office) of the Borough of Ship Bottom.
Bidders shall submit, along with their bid, an affidavit of non-collusion. No responsibility shall be assumed by the
Borough for any bids mailed to the QPA which are received subsequent to the date and time set in the Notice to
Bidders.
Project #2025-001, - Borough of Ship Bottom – Uniform Bid
BID TERM: The contract period to be covered by this bid shall be May 1, 2025 to April 30, 2026.
Date: ______________________
___________________________________________
Signature
By: ________________________________________
(Name of Bidder’s Authorized Agent)
Title: ______________________________________
Official Address:
_________________________________
_________________________________
Telephone Number: ________________
Email: ___________________________
--- Document: November 11, 2025 Cambridge Bench Specs ---
BOROUGH OF SHIP BOTTOM
Gateway to Long beach island
1621 Long Beach Blvd.
Ship Bottom, Ocean County, N.J. 08008
(609)494-2171 OR 2172 FAX (609) 494-7763
Quote Name: Memory Benches
Description: SEE BELOW FOR FURTHER INFORMATION
Township Contact: Kathleen Flanagan
Contact Phone #: 609/494-2171 ext. 120
Quote #: Q24-01
Posted Date: November 12, 2024
Date Quotes are Due: Tuesday, November 26, 2024 @ 10 am
Page | 1 of 2
Specifications:
Size: 6'
Dimensions: 72"L x 26.875"W x 30.1875"H (see Exhibit A)
Frame Material and Color: Recycled Plastic – Black
Seat/Back Material and Color: Recycled Plastic - Sand
Price per Bench:
Delivery Time:
Delivery Cost:
Company Name
Agent Name
Contact Telephone #
Company Address:
Date Quote Submitted:
Date of Quote Expiration:
Page | 2 of 2
4 1/4"
22 7/16"
30 3/16"
3 1/16"
31 3/4"
72"
31 3/4"
18 1/16"
16 9/16"
ASM-CB6B
15 7/16"
11 5/16"
26 3/4"
15 3/8"
--- Document: July 15, 2024 Emergency Medical Services System ---
BOROUGH OF SHIP BOTTOM
Gateway to Long beach island
1621 Long Beach Blvd.
Ship Bottom, Ocean County, N.J. 08008
(609)494-2171 OR 2172 FAX (609) 494-7763
Quote Name: Emergency Medical Services System
Description: SEE BELOW FOR FURTHER INFORMATION
Township Contact: Kathleen Flanagan
Contact Phone #: 609/494-2171 ext. 120
Quote #: Q24-01
Posted Date: July 15, 2024
Date Quotes are Due: Friday, July 19, 2024 @ 10 am
Page | 1 of 2
Specifications:
Comprehensive study of all available data including employee interviews, site
evaluations, current costs associated with current EMS service, call data, motor vehicle
crash data, along with all other relevant information available evaluated. A detailed
analysis is to be provided so the governing body can make an educated decision. Provide
options to explore including pros and cons of each option.
Price for Services Rendered:
Estimated Completion Date:
Company Name Agent Name
Contact Telephone #
Company Address:
Date Quote Submitted:
Date of Quote Expiration:
Page 2 of 2
--- Document: April 18, 2024 Uniform Contract ---
NOTICE TO BIDDERS
BOROUGH OF SHIP BOTTOM
PUBLIC NOTICE IS HEREBY GIVEN that sealed bids shall be received by the Mayor and
Council of the Borough of Ship Bottom, County of Ocean, State of New Jersey, for the following at
Municipal Clerk’s Office in the Ship Bottom Borough Hall located at 1621 Long Beach Boulevard,
Ship Bottom, New Jersey 08008.
2024 BEACH PATROL AND DEPARTMENT OF PUBLIC WORKS UNIFORMS
The sealed bids shall be received by May 1, 2024, at 10:00 a.m., at which time and place they will be
publicly opened and read aloud. No facsimile copies of the bids shall be accepted. Specifications and
other bid information may be obtained at the Municipal Clerk’s Office at the Borough of Ship Bottom,
1621 Long Beach Boulevard, Ship Bottom, New Jersey 08008 (609-494-2171) during regular
business hours: 9:00 a.m. to 4:30 p.m., Monday through Friday, and on the municipal website:
www.shipbottom.org. Bidders shall use the bid specifications forms and mailing of the bid documents
shall be made at the bidders’ cost. All bid Addenda shall be issued on the website. Therefore, all
interested respondents must check the above website now through the bid opening. It is the sole
responsibility of the respondent to be knowledgeable of all addenda related to this procurement.
Bidders are required to comply with the requirements of N.J.S.A. 10:5-31, et seq., and
N.J.A.C. 17:27-1, et seq.
Bidders are required to comply with the requirements P.L. 1977, c.33; and P.L. 1999, c.238,
“The Public Works Registration Act,” if applicable.
The Minimum Wage rates, if applicable, for labor employed on these contracts shall be as
specified in the “The New Jersey Prevailing Wage Rate Determination,” of the New Jersey
Department of Labor and Industry.
The Borough hereby reserves the right to consider the bids for sixty (60) days after the receipt
thereof. The Borough further reserves the right, which is understood and agreed to by all bidders, to
award the contract award to the lowest responsible bidder based on the lowest total bid amount or
amount per item or items and to make such awards or take such action as may be in the best interest
of the Township. The Borough further reserves the right to make multiple awards for this contract, to
sever and make awards of all or part of any bid to one or more bidder, to reject any or all bids due to
defects or failure to adhere to the specifications or for any reason, or to waive defects and accept any
bid that in its judgment will be in the best interest of the Borough.
Kathleen Flanagan, QPA
Borough of Ship Bottom
--- Document: September 13, 2023, Water Tower Lease Notice to Bidders ---
NOTICE TO ALL BIDDERS
PUBLIC NOTICE IS HEREBY GIVEN pursuant to N.J.S.A. 40A:12-14 that sealed bids shall
be received by the Mayor and Council of the Borough of Ship Bottom, County of Ocean, State of
New Jersey for the following in the Municipal Clerk’s Office, 1621Long Beach Blvd., Ship
Bottom, NJ:
Lease of Water Tank Space and a Portion of Property Located at 106 West 17th Street in
the Borough of Ship Bottom for a Wireless Communications Facility
until Thursday, October 12, 2023 at 10:30 A.M., at which time and place they shall be publicly
opened and read aloud. No facsimile copies of the bids shall be accepted. Specifications and
other bid information (“Bid Package”) may be obtained at the Municipal Clerk’s Office of the
Borough of Ship Bottom, 1621 Long Beach Blvd., Ship Bottom, NJ 08008 (609-494-2171)
during regular business hours: 9:00 a.m. to 4:00 p.m. and on the municipal website
www.shipbottom.org. The Bid Package sets forth all information, terms, and conditions, and the
forms necessary for completion to provide a responsive bid. Only bids submitted on the forms
provided and in accordance with the terms and conditions set forth in the Bid Package shall be
deemed responsive. Mailing of bid documents shall be made at the bidders’ cost. No bids shall
be accepted after the date and time noted above.
Bid shall be submitted in a sealed envelope clearly labeled “Bid: Lease of Water Tank Space
for Wireless Communications Facility in the Borough of Ship Bottom.”
All bid Addenda shall be issued on the website. Therefore, all interested respondents should
check the above website now through the bid opening. It is the sole responsibility of the
respondent to be knowledgeable of all addenda related to this procurement.
As set forth in the instructions and specifications, the required minimum bid is $45,000 for the
first year of the first term and the annual and option terms increases set forth in the lease
included in the Bid Package. All bidders shall be required to submit to and agree with the terms
of the lease and set forth in the Bid Package.
The Borough of Ship Bottom hereby reserves the right to consider the bids for sixty (60) days
after the receipt thereof. The Borough further reserves the right, which is understood and agreed
to by all bidders, to award the contract award to the lowest responsible bidder based on the
highest Bid Amount and to make such awards or take such action as may be in the best interest
of the Borough.
Kristy Deboer, RMC
Municipal Clerk
2
INSTRUCTIONS AND SPECIFICATIONS
FIVE-YEAR LEASE WITH THREE FIVE-YEAR OPTIONS TO RENEW
OF SPACE LOCATED AT THE WATER TANK SITE FOR THE
INSTALLATION, COLLOCATION, AND USE OF THE SPACE FOR A
WIRELESS COMMUNICATIONS FACILITY
1.
Location of Property – One space located at the certain premises owned by the Borough
of Ship Bottom (“Borough”) located at 106 West 17th Street in the Borough, County of
Ocean, State of New Jersey (“Property”).
2.
Use of Property – As set forth in and governed by the attached Lease Agreement
(“Lease”), the Borough is seeking to lease a non-exclusive interest in the water tower,
certain land space, and right to ingress and egress located at the Property for the purposes
of the installation and use of a wireless communications facility. All conditions and
requirements relating to the lease are set forth and governed by the Lease.
4.
Rent and Payments – The successful bidder shall agree to pay to the Borough rent on a
monthly basis in equal installments due on the first day of each calendar month. The
successful bidder shall also pay any real estate taxes resulting from property
improvements made by the successful bidder and any and all other payments set forth and
required by the attached Agreement, including, but not limited to, the additional payment
of $15,000.00 and the reimbursement of professional fees during the term of the Lease.
The minimum bid that shall be accepted for the annual rent is forty-thousand dollars
($45,000.00). In addition, the additional consideration and payment requirements are set
forth in the Lease.
5.
Utilities – As set forth in and governed by the attached Lease, the successful bidder shall
be responsible for any and all costs relating to and/or arising out of the installation and
use of utilities relating to the bidder’s use of the Property.
6.
Bid Documents – The bidder shall complete, execute, and return the following
documents, each of which is attached hereto.
A.
Non-Collusion Affidavit.
B.
Statement of Corporate Ownership.
C.
Authorized Business Agent Certification .
D.
Execution of the Lease (the execution shall not constitute a binding agreement
and a binding agreement is contingent upon the Borough’s award to a bidder
pursuant to the terms herein and set forth in the Bid Package).
7.
Rejection of Bids – The Borough reserves the right to reject any and all bids submitted.
8.
Award and Successful Bidder – The Borough shall award to the highest bidder for the
space. In the event of a tie bid, the tie shall be resolved by the flip of a coin by the
Borough’s attorney or a designated representative in the event there are two tie bidders,
and by drawing the short straw in the event there are more than two tied bidders.
--- Document: Agreement ---
WATER TOWER LEASE AGREEMENT
This Agreement (“Agreement”), effective on the date it is awarded, is by and
between the Borough of Ship Bottom (“Lessor”), with its principal offices located at 1621 Long
Beach
Boulevard,
Ship
Bottom,
New
Jersey
08008
and
_____________________________________________________________________ (“Lessee”),
with its principal offices located at _______________________________________________.
The Lessor and Lessee are at times collectively referred to hereinafter as the “Parties” or
individually as the “Party.”
WITNESSETH
In consideration of the mutual covenants contained herein and intending to be legally
bound hereby, the Parties hereto agree as follows.
1.
LEASE OF RIGHTS TO PROPERTY; OBLIGATIONS
1.01. Rights to Property. Lessee is granted the right to a certain portion of that certain
space (“Tower Space”) on the Lessor’s water tower (“Tower”) located at Block 58, Lot 4, as
shown on the Tax Map of the Lessor and commonly known as 106 West 17th Street, Ship Bottom,
New Jersey (“Property”), together with a parcel of land (“Land Space”) sufficient for the
installation of Lessee’s equipment platform and/or shelter, if necessary for the Lessee’s use of the
Tower Space. Except as set forth herein: (i) as depicted in the elevation plans attached as Exhibit
A, which is incorporated herein by reference, the Tower Space is limited to the specific areas on
the structural legs of the Tower; and (ii) as set forth in the site plans attached as Exhibit B, which
is incorporated herein by reference, the Land Space is limited to the specific area of the property
designated and subject to the rights of other existing lessees and the Lessor to the Land Space.
Lessee shall use the Tower Space and Land Space solely for the purpose of constructing,
maintaining, repairing, and operating a communications facility, a communications equipment
shelter, if necessary, and uses incidental thereto.
1.01.1. Lessee’s rights to locate, install, maintain, and operate the wireless
communications equipment, proposed structures, antennas, coaxial cables, mounting brackets,
equipment, base stations and units, paving, landscaping, security measures, all structure, and
accessory structures, and any improvements and personal property relating thereto (collectively
“Equipment and Property”) on the Tower Space shall be limited to the location and scope set forth
in Exhibit A, which is subject to amendments required by the Lessor’s engineer (“Borough
Engineer”) or written requests for modification by the Lessee and the written approval of the
Borough Engineer and Lessor, as to the location of the Equipment and Property, which approval
shall not be unreasonably withheld. The Lessee’s use and the location and scope of the Tower
Space shall be limited by the Lessor’s need to continue to use the Tower as a water tower, the
public health, welfare, and safety, and the terms of this Agreement, including, but not limited to,
the requirements of Paragraph 1.01.3.
1.01.2. Lessee’s rights to locate, install, maintain, and operate the Equipment and
Property, such as ancillary ground equipment and accessory structures, in the Land Space shall be
2
limited to the location and scope set forth in Exhibit B, which is subject to amendments required by
the Lessor’s engineer (“Borough Engineer”) or written requests for modification by the Lessee and
the written approval of the Borough Engineer and Lessor, as to the location of the Equipment and
Property, which approval shall not be unreasonably withheld. The Lessee’s use and the location
and scope of the Land Space shall be limited by the Lessor’s need to use the Property for public
purposes, the public health, welfare, and safety, and the terms of this Agreement, including, but not
limited to, the requirements of Paragraph 1.01.3.
1.01.3. The Lessee shall design, construct, and install Equipment and Property and
Utility Equipment on the Tower Space, in the Land Space, and in the Right of Way in such a
manner that provides sufficient space for and does not encroach upon or interfere with the existing
communications providers and lessees and the existing equipment located on the Tower and in the
Land Space.
1.02. Installation, Placement, Collocation, Etc. The location, installation, placement,
collocation, and replacement of any and all Equipment and Property pursuant to the terms of this
Agreement shall require the approval of the Lessor and the Borough Engineer, shall be in
accordance with Exhibit A and Exhibit B, and shall comply with and obtain all local, state, and
federal regulations and approvals. For all such requests, the Lessee shall provide to the Lessor three
(3) sets of proposed construction plans and one (1) electronic set for any and all location,
installation, placement, collocation, and replacement of its Equipment and Property. The plans
shall include a fully dimensioned site plan drawn to scale eshowing the proposed locations for
ground area required, the height of antenna, type and sizing of antenna mountings, the proposed
type and height of any fencing, the proposed landscaping, and the proposed sizing and type of
construction materials for all structures. Nothing shall be located, installed, placed, replaced,
constructed, collocated, or improved at the Property until the plans have been approved by the
Lessor and the Borough Engineer, and the approvals by the local, state, and federal approvals, as
required, are obtained by the Lessee. The installation, maintenance, replacement, removal, etc. of
any and all Equipment and Property shall be at Lessee’s sole cost and expense.
1.03. Access to Tower and Grant of Right of Way. Lessee is granted a non-exclusive and
subordinate right of way (“Right of Way”) for ingress and egress seven (7) days a week,
twenty-four (24) hours a day, on foot or motor vehicle, including trucks, and for the installation
and maintenance of utility wires, poles, cables, conduits, and pipes (collectively “Utility
Equipment”) over, under, or along a right-of-way to be proposed by the Lessee and approved by
the Lessor and the Borough Engineer, which shall not be unreasonably withheld, extending from
the nearest public right-of-way to the Land Space over and through the Property between the Land
Space and the Tower Space for the installation and maintenance of the Equipment and Property
and Utility Equipment. Upon approval of the Right of Way, same shall be attached as Exhibit C,
which is incorporated herein and deemed an approved amendment to this Agreement upon the
foregoing approval. Except in the case of emergency, the Lessee may use and access the right of
way upon prior notice to the Lessor’s Department of Public Works during regular business hours
or to the Borough of Ship Bottom Police Department after regular business hours. Said Right of
Way is an easement in gross and shall expire upon the termination of this Agreement and is
subject to the following restrictions and limitations: (i) the Right of Way and Lessee’s use of
same shall not interfere with the Lessor’s quiet enjoyment and use of the Property and area of the
3
Right of Way; (ii) Lessee’s rights arising out of the Right of Way shall at all times be
subordinate to the Lessor’s rights to the area in the Right of Way and the existing lessees use of
the area in the Right of Way; (iii) the Lessee’s use of the Right of Way in excess of the foregoing
rights, ingress and egress, and to maintain existing utilities on or under the Right of Way shall be
subject to the Lessor’s consent, terms, and schedule at the discretion of the Lessor; and (iv) for
any installation work above ground or underground, the Lessee shall be required to obtain
approval from the Lessor and the Borough Engineer and shall be required to remit payment of all
costs relating to the Lessor’s professionals for such review of each request in accordance with
Paragraph 2 of this Agreement, and shall be subject to the Lessor’s approval, which shall not be
unreasonably withheld, as well as the Lessor’s scheduling. Only authorized engineers,
employees, properly authorized contractors of Lessee, or persons under their direct supervision
shall be permitted to enter said Right of Way.
1.04. Replacement. Lessee is granted the right to replace the Equipment and Property
and Utility Equipment with similar and comparable equipment and property in accordance with the
requirements of this Agreement, provided said replacement does not increase loading on the
Tower, is approved by the Lessor and the Borough Engineer, does not increase the overall amount
or size of the Equipment and Property, does not interfere with any other tenants located at the
Property, and otherwise complies with all of the terms of this Agreement.
1.05. Condition of Property, Maintenance, Expense, and Safety. Lessee shall, at its own
expense, maintain all Equipment and Property and Utility Equipment installed at the Property
pursuant to this Agreement in a safe condition, good order, and repair, and in such a manner so
as to not conflict with the existing use of the Tank Space, Land Space, and Property by the
Lessor or others. Lessee shall keep the portion of the Property, including the Land Space, Tower
Space, and Right of Way leased to and used by Lessee for the Equipment and Property and
access to the Equipment and Property free from debris and anything dangerous, noxious, or
offensive in nature or which would create a hazard or undue vibration, heat, noise, or
interference. Lessee shall possess the sole responsibility for the repair and security of its
Equipment and Property and Utility Equipment. Lessor reserves the right to inspect the
Equipment and Property and Utility Equipment upon ten (10) days written notice to Lessee, except
in emergency situations, defined by the Lessor, in which the Lessor may immediately inspect the
Equipment and Property and Utility Equipment and shall provide written notice to the Lessee
within a reasonable amount of time upon the termination of the emergency.
1.06. Subordination of Rights. Lessee shall maintain and use the Tower, Tower Space,
Land Space, Property, and Right of Way pursuant to this Agreement in such a manner so as not to
conflict with the existing or future uses of the Property and Tower by the Lessor.
1.07. Integrity of Tower. Lessee’s use of the Tower shall not damage or impair the
strength of the Tower and the accessories thereon, nor interfere with the maintenance or lighting
systems on the Tower. Within thirty (30) days of the installation and construction of the Equipment
and Property, the Lessee shall submit a written report from a licensed professional engineer
certifying to the structural integrity of the installation of the Equipment and Property and all
antenna mounted upon the Tower Space are secure and that they meet or exceed applicable design-
to, structure, and construction safety requirements.
4
1.08. Contractors and Employees. Lessee shall utilize only qualified contractors and
employees to install, repair, remove, and maintain the Equipment and Property and Utility
Equipment upon the Property, including, but not limited to, the proposed structures, antennas,
mounting brackets, equipment, wireless communications equipment, base stations, paving,
landscaping, security measures, all structure, accessory structures, and any improvements relating
thereto.
1.08.1. All agents, employees, independent contractors, and all others working on
behalf of, at the direction, or request of the Lessee shall conduct themselves in an orderly and
respectable manner in connection with the operation of all Equipment and Property and Utility
Equipment.
1.09. Camouflaging. Lessee shall be required to paint the Equipment and Property and
Utility Equipment, including, but not limited to, conduits, cables, and equipment installed to match
the color of the Tower or shall have covers installed to match the color of the water tank, provided
that such paints and/or covers are approved by the Lessor and the Borough Engineer and do not
void any warranties or materially affect the operation of the Equipment and Property and Utility
Equipment, including, but not limited to, all conduits, cables, and equipment. If such warranties or
operations are materially affected by the painting or covering requirement, Lessee shall be required
to take reasonable measures requested by the Lessor to camouflage the Equipment and Property
and Utility Equipment, including, but not limited to, conduits, cables, and equipment.
1.10. Governmental Approvals and Requirements. Lessee shall be responsible for
obtaining any and all federal, state, county, and/or municipal approvals, licenses, and permits
relating to and/or arising out of this Agreement (collectively “Governmental Approvals”). Lessee
shall comply with all applicable governmental laws, rules, regulations, and orders respecting the
Property and the Tower and the Lessee’s use thereof. It is understood and agreed that Lessee’s
ability to use the Tower Space and Land Space is contingent upon its obtaining all Governmental
Approvals after the execution date of this Agreement.
1.10.1. Lessor shall cooperate with Lessee in its effort to obtain such approvals
and shall take no action which would adversely affect the status of the Property with respect to
the proposed use thereof by Lessee.
1.11. Interference. Lessee’s Equipment and Property and Utility Equipment may not
and shall not be permitted to interfere with any communications equipment installed by Lessor,
any other communications providers presently leasing any property from Lessor, any of the
existing wireless and radio equipment and/or frequencies owned and/or operated by Lessor, and
any other lessor entering into a lease agreement upon the Tower. Lessee agrees to install
Equipment and Property and Utility Equipment of the type and frequency that will not cause
harmful interference that is measurable in accordance with then existing industry standards to
any equipment of Lessor or other tenants at the Property that existed on the Property prior to the
date this Agreement is executed by the Parties. In the event any after-installed Lessee’s
Equipment and Property and Utility Equipment causes such interference, and after Lessor has
notified Lessee in writing of such interference, Lessee shall take all reasonable steps necessary to
correct and eliminate the interference, including but not limited to, at Lessee’s option, powering
5
down such Equipment and Property and Utility Equipment and later powering up such
Equipment and Property and Utility Equipment for intermittent testing. In no event shall Lessor
be entitled to terminate this Agreement or relocate the Equipment and Property and Utility
Equipment as long as Lessee is making a good faith effort to remedy the interference issue,
except that Lessee shall turn off any such Equipment and Property and Utility Equipment
causing interference to Lessor’s emergency or police communications immediately and such
shall remain powered down and turned off until the issue is resolved by Lessee, and except that
in the event that Lessee is unable to resolve the non-emergency interference within four (4)
months, Lessee shall be in default, this Agreement shall terminate, and the Lessee shall comply
with all such requirements set forth in this Agreement, including, but not limited to Paragraph
7.02.1. Lessor agrees that Lessor and/or any other tenants of the Property who in the future take
possession of the Property will be permitted to install only such equipment that is of the type and
frequency which will not cause harmful interference which is measurable in accordance with
then existing industry standards to the then existing Equipment and Property and Utility
Equipment of Lessee. The Parties acknowledge that there will not be an adequate remedy at law
for noncompliance with the provisions of this Paragraph, and, therefore, either Party shall have
the right to equitable remedies, such as, without limitation, injunctive relief and specific
performance.
1.11. Local Approvals. Lessee shall not be required to apply for approval by the local
zoning authority in order to commence construction, installation, etc. In addition to the Lessor and
Borough Engineer approvals required by this Agreement, the Lessee may begin construction,
installation, etc., upon approval by the Lessor of the required building and other permits from the
Borough Construction Official. The approval of the required building and other permits shall not
be unreasonably withheld, denied, conditioned, or delayed.
1.12. Rights Subject To. The rights conveyed to the Lessee pursuant to this Agreement
are subject to the following: (i) any and all covenants, easements, and restrictions of record, if any,
the building and zoning ordinances of the Lessor and such facts as an accurate survey and title
search may disclose; (ii) the existing utilities, utility lines, and cable facilities that traverse the
Property, if any; and (iii) the Lessor’s use of the Property.
1.13. Lessor and Borough Engineer Approvals. All approvals or denials by the Lessor
and/or the Borough Engineer required by this Agreement shall be made within a reasonable
amount of time, except that, in no circumstance shall the Borough Engineer and Lessor take
more than thirty (30) days of receipt of any such requests by Lessee.
2.
PROFESSIONAL FEES
2.01. Reimbursement of Professional Fees. Lessee shall be responsible for the payment
of the Lessor’s professional fees relating to and arising out of and/or relating to the Lessor’s
professionals’ review, investigations, and approvals required and/or provided for in this
Agreement.
2.01.1. The reimbursement and payment of any such fees set forth in Paragraph
2.01 shall be due within sixty (60) days of presentment.
6
2.01.2. The reimbursement of and payment of any such fees shall be capped at
Five-Thousand Dollars ($5,000.00) in each year.
3.
TERM; CONSIDERATION; ELECTRICAL
3.01. Term and Rental Rate. This Agreement shall be effective as of the date of
execution by both Parties and the initial term shall be for ten (10) years, which shall commence
on the Commencement Date (as hereinafter defined) at which time the rental payments shall
commence and be due at a total annual rental of __________________ Dollars ($____________)
to be paid in equal monthly installments on the first day of the month, in advance, made payable
to “Borough of Ship Bottom” and delivered or sent by regular mail to the Lessor’s Chief
Financial Officer or to such other person, firm, or place as Lessor may, from time to time,
designate in writing at least thirty (30) days in advance of any rental payment date by notice
given in accordance with this Agreement. The Commencement Date shall be the first day of the
calendar month following sixty (60) days from the date this Agreement is fully executed.
3.01.1. Upon agreement of the Parties, Lessee may pay rent by electronic funds
transfer and in such event, Lessor agrees to provide to Lessee bank routing information for such
purpose upon request of Lessee.
3.01.2. This Agreement shall automatically be extended for three (3) additional
five (5) year terms unless Lessee or Lessor terminates it at the end of the then current term by
giving the other Party written notice of the intent to terminate at least six (6) months prior to the
end of the then current term.
3.01.3. The annual rent shall increase at a rate of three percent (3.00%) per annum
staring with the second year of the initial term and increasing three percent (3.00%) per annum for
each subsequent year of the initial term, first renewal term, second renewal term, third renewal
term, and fourth renewal term as follows.
INITIAL TERM
First Year – Annual Rent Set by Highest Bid (minimum $45,000.00)
Second Year through Tenth Year – 3.00% per annum increase
FIRST RENEWAL TERM
First Year through Fifth Year – 3.00% per annum increase
SECOND RENEWAL TERM
First Year through Fifth Year – 3.00% per annum increase
THIRD RENEWAL TERM
First Year through Fifth Year – 3.00% per annum increase
7
3.01.4. As additional consideration, the Lessee shall pay to the Lessor the amount
of $15,000.00 on or before the Commencement Date, which shall, inter alia, offset Lessor’s
professional and staff costs relating to and/or arising out of this Agreement, related
specifications, and award of this Agreement.
3.02. Rental Documentation. Lessor hereby agrees to provide to Lessee certain
documentation (“Rental Documentation”) evidencing Lessor’s interest in and right to receive
payments under this Agreement, including, without limitation: (i) documentation acceptable to
Lessee in Lessee’s reasonable discretion, evidencing Lessor’s good and sufficient title to and/or
interest in the Property and right to receive rental payments and other benefits hereunder; (ii) a
complete and fully executed Internal Revenue Service Form W-9, or equivalent, in a form
acceptable to Lessee, for any Party to whom rental payments are to be made pursuant to this
Agreement; and (iii) other documentation reasonably requested by Lessee relating to the title to
the Property and Lessor’s status. From time to time during the Term of this Agreement and
within thirty (30) days of a written request from Lessee, Lessor agrees to provide updated Rental
Documentation in a form reasonably acceptable to Lessee. The Rental Documentation shall be
provided to Lessee in accordance with the provisions of and at the address given in Paragraph
8.09. Delivery of Rental Documentation to Lessee shall be a prerequisite for the payment of any
rent by Lessee and notwithstanding anything to the contrary herein, Lessee shall have no
obligation to make any rental payments until Rental Documentation has been supplied to Lessee
as provided herein.
3.02.1. Within fifteen (15) days of obtaining an interest in the Property or this
Agreement, any assignee(s), transferee(s), or other successor(s) in interest of Lessor shall
provide to Lessee Rental Documentation in the manner set forth in the preceding Paragraph.
From time to time during the Term of this Agreement and within thirty (30) days of a written
request from Lessee, any assignee(s) or transferee(s) of Lessor agrees to provide updated Rental
Documentation in a form reasonably acceptable to Lessee. Delivery of Rental Documentation to
Lessee by any assignee(s), transferee(s), or other successor(s) in interest of Lessor shall be a
prerequisite for the payment of any rent by Lessee to such Party and notwithstanding anything to
the contrary herein, Lessee shall have no obligation to make any rental payments to any
assignee(s), transferee(s), or other successor(s) in interest of Lessor until Rental Documentation
has been supplied to Lessee as provided herein.
3.03. Electrical and Utilities. Lessee shall, at all times during the term of this
Agreement, provide and be responsible for the payment of any and all electrical service,
telephone service, water, gas, sewer, and any and all required other utilities and utility access for
its use of the Property, as well as any costs relating to and/or arising therefrom. If permitted by
the local utility company servicing the Property, Lessee shall furnish and install an electrical
meter at the Property for the measurement of electrical power used by Lessee’s installation. In
the alternative, if permitted by the local utility company servicing the Property, Lessee shall
furnish and install an electrical sub-meter at the Property for the measurement of electrical power
used by Lessee’s installation. In the event such sub-meter is installed, the Lessee shall pay the
utility directly for its power consumption if billed by the utility; if not billed by the utility, then
the Lessee shall pay the Lessor thirty (30) days after receipt of an invoice from Lessor indicating
the usage amount based upon Lessor’s reading of the sub-meter. All invoices for power
8
consumption shall be sent by Lessor to Lessee to the address set forth in the notice provision of
this Agreement. In the event that no meter or sub-meter is permitted by the local utility, Lessee
shall pay the Lessor thirty (30) days after receipt of an invoice from Lessor that sets forth the
Lessee’s apportioned use of utilities at the Property, which shall be apportioned in the sole
discretion of the Lessor. Lessee shall be permitted at any time during the Term to install,
maintain, and/or provide access to and use of, as necessary (during any power interruption at the
Property), a temporary power source, and all related equipment and appurtenances within Land
Space, or elsewhere on the Property in such locations as reasonably approved by Lessor and the
Borough Engineer. As provided in this Agreement, shall have the right to install conduits
connecting the temporary power source and related appurtenances to the Tower Space and Land
Space. The installation of all utilities, conduits, etc. shall require the approval of the Lessor and
the Borough Engineer.
3.04. Taxes. Lessee shall have the responsibility to pay any personal property, real
estate taxes, assessments, and charges owed on the Property which Lessor demonstrates is the
result of this Agreement, including, but not limited to the Lessee’s use of the Property and/or the
installation, maintenance, and/or operation of the Lessee’s improvements, Equipment and
Property, and Utility Equipment, and any sales tax imposed on the rent (except to the extent that
Lessee is or may become exempt from the payment of sales tax in the jurisdiction in which the
Property is located), including any increase in real estate taxes at the Property which Lessor
demonstrates arises from the Lessee’s improvements and/or Lessee’s use of the Property. Lessor
and Lessee shall each be responsible for the payment of their respective taxes, levies,
assessments, and other charges imposed including franchise and similar taxes imposed upon the
business conducted by Lessor or Lessee at the Property, if any. Notwithstanding the foregoing,
Lessee shall not have the obligation to pay any tax, assessment, or charge that Lessee is disputing
in good faith in appropriate proceedings prior to a final determination that such tax is properly
assessed provided that no lien attaches to the Property. Nothing in this Paragraph shall be
construed as making Lessee liable for any portion of Lessor’s income taxes in connection with
any Property or otherwise. Except as set forth in this Paragraph, Lessor shall have the
responsibility to pay any personal property, real estate taxes, assessments, or charges owed on
the Property and shall do so prior to the imposition of any lien on the Property.
3.04.1. Lessee shall have the right, at its sole option and at its sole cost and
expense, to appeal, challenge, or seek modification of any tax assessment or billing for which
Lessee is wholly or partly responsible for payment. Lessor shall reasonably cooperate with
Lessee at Lessee’s expense in filing, prosecuting, and perfecting any appeal or challenge to taxes
as set forth in the preceding sentence, including but not limited to, executing any consent, appeal
or other similar document. In the event that as a result of any appeal or challenge by Lessee,
there is a reduction, credit or repayment received by the Lessor for any taxes previously paid by
Lessee, Lessor agrees to promptly reimburse to Lessee the amount of said reduction, credit or
repayment.
3.05. License Fees. Lessee shall pay, as they become due and payable, all fees,
charges, taxes, and expenses required for licenses and/or permits required for or occasioned by
Lessee’s use of the Property.
4.
INDEMNIFICATION AND INSURANCE
9
4.01. Indemnification. Lessee expressly, knowingly, and, to the fullest extent permitted
by law, agrees to and shall release, indemnify, defend, and hold harmless Lessor, its elected and
appointed officials, officers, employees, agents, volunteers, and others working on behalf of the
Lessor from and against any loss, damages, claims, causes of action, liabilities, obligations,
penalties, demands, municipal mechanic’s liens filed pursuant to N.J.S.A. 2A:44-125, et seq.,
and any and all other costs and expenses, including attorneys’ fees and costs, threatened against,
suffered, and/or incurred by Lessor, its elected and appointed officials, officers, employees,
agents, volunteers, and others working on behalf of the Lessor arising out of and/or in any
manner relating to the permitted, contracted, and/or licensed activity engaged in by Lessee, its
officers, owners, agents, employees, independent contractors, guests, volunteers, others working
on behalf of Lessee in and/or relating to this Agreement, and the acts and/or omissions of the
Lessee, its officers, owners, agents, employees, independent contractors, guests, others working
on behalf of Lessee. Lessee shall be responsible and liable for the payment of any and all of the
foregoing attorney’s fees and costs, to attorneys of Lessor’s selection, for any investigation and
review, pre-litigation, litigation, post-judgment litigation, bankruptcy proceedings, and any and
all appeals arising out of and/or relating to this Agreement. The existence of any available and/or
applicable insurance shall not waive or release Lessee from the Lessee’s obligations set forth in
this Agreement. The existence of any available and/or applicable insurance shall not waive or
release Lessee from the Lessee’s obligations set forth herein.
4.02. Lessee’s Insurance. Lessee, at its own cost and expense, shall maintain or cause to
be maintained in full force and effect and at its sole cost and expense the following types and limits
of insurance.
4.02.1. Commercial general liability insurance with limits of $5,000,000.00 per
occurrence for bodily injury (including death), $5,000,000.00 for property damage, $5,000,000.00
in products/completed operations, and $10,000,000.00 for any aggregate claim. Such limits may
be satisfied by a combination of primary and umbrella policies. Lessee may satisfy this
requirement by obtaining the appropriate endorsement to any master policy of liability insurance
Lessee may maintain.
4.02.2. Commercial Automobile liability insurance covering all owned, hired, and
non-owned vehicles in use by Lessee, its employees, and agents, in an amount of $2,000,000.00
combined single limit for reach accident for bodily injury and property damage such limit may be
satisfied by a combination of primary and umbrella policies. Lessee may satisfy this requirement
by obtaining the appropriate endorsement to any master policy of liability insurance Lessee may
maintain.
4.02.3. Workers’
compensation
insurance
meeting
applicable
statutory
requirements of the State of New Jersey and employer’s liability insurance with a limit of
$1,000,000 each accident/disease/policy limit.
4.02.4. At the start of and during the period of any construction, builders’ all-risk
insurance is required, together with an installation floater or equivalent property coverage covering
cables, materials, machinery, and supplies of any nature whatsoever that are to be used in or
10
incidental to the installation of the Equipment and Property and Utility Equipment. Upon
completion of the installation of the Equipment and Property and Utility Equipment, Lessee shall
substitute for the for the foregoing insurance policies of fire, extended coverage and vandalism,
and malicious mischief insurance on the Equipment and Property and Utility Equipment. The
amount of insurance at all times shall be representative of the insurable values installed or
constructed.
4.03. Additional Insureds. All Lessee’s policies, except for business interruption,
property insurance, and workers’ compensation policies, shall include Lessor and all associated,
affiliated, allied, and affiliates and subsidiary entities of Lessor now existing or hereafter created,
as well as their respective officers, boards, commissions, employees, and elected officials as
additional insureds.
4.04. Deductibles. Lessee agrees to indemnify, defend, and hold Lessor harmless from
and against the payment of any deductible and from the payment of any premium on any policy
required to be furnished by the Lessee pursuant to this Agreement. Such indemnification shall be to
the same extent set forth in Paragraph 4.01.
4.05. Evidence of Insurance. Certificates of insurance for each insurance policy required to
be obtained by Lessee and a blanket endorsement for additional insureds shall be filed and
maintained with the Lessor’s provided annually during the term of this Agreement.
4.06. Contractors. Lessee shall require that each and every one its contractors and
subcontractors who perform work on the Property carry, obtain, and maintain substantially the
same coverage as required of Lessee and including the Lessor entities listed above as additional
insureds on the commercial general liability and automobile insurance policies.
4.07. Increase of Insurance Limits. Notwithstanding the foregoing, upon prior notice to,
review, and acceptance by Lessee, the Lessor may require that all policy limits set forth above be
increased for each and every five-year lease option and/or extension period and which increase
shall be calculated upon and applied to the coverage amounts in effect for the prior five-year
period.
4.08. Cancellation of Insurance. Upon receipt of notice from its insurer(s), Lessee shall
provide Lessor with thirty (30) days’ prior written notice of cancellation of any required coverage.
4.09. Insurance Companies. All insurance shall be effected under valid and enforceable
policies, insured by insurers licensed, authorized, or permitted to do business by the State of New
Jersey or surplus line carriers on the State of New Jersey Insurance Commissioner’s approved list
of companies qualified to do business in the State of New Jersey. All insurance carriers and surplus
line carriers shall be rated A- or better by A.M. Best Company.
4.10. Waiver of Negligence. The Parties hereby waive and release any and all rights of
action for negligence against the other which may hereafter arise on account of damage to the
Property or the Property resulting from any fire or other casualty which is insurable under “Causes
of Loss – Special Form” property damage insurance or for the kind covered by standard fire
11
insurance policies with extended coverage, regardless of whether or not, or in what amounts, such
insurance is now or hereafter carried by the Parties, even if any such fire or other casualty shall
have been caused by the fault or negligence of the other Party. These waivers and releases shall
apply between the Parties and they shall also apply to any claims under or through either Party as a
result of any asserted right of subrogation. All such policies of insurance obtained by either Party
concerning the Property shall waive the insurer’s right of subrogation against the other Party.
4.11. Limitation of Liability. Except for indemnification pursuant to this Agreement,
neither Party shall be liable to the other, or any of their respective agents, representatives, or
employees for any lost revenue, lost profits, loss of technology, rights or services, incidental,
punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of
service, even if advised of the possibility of such damages, whether under theory of contract, tort
(including negligence), strict liability or otherwise.
4.12. Subrogation. Each insurance policy carried by or on behalf of the Lessor insuring
against loss by fire and causes covered by standard extended coverage, and each insurance policy
carried by Lessee insuring Lessee’s Equipment and Property and Utility Equipment against loss
by fire and causes covered by standard extended coverage, shall be written in a manner so as to
provide that the insurance company waives all right of recovery by way of subrogation against
Lessor or Lessee in connection with any loss or damages covered by such policies. Neither
Lessor nor Lessee shall be liable for any loss or damage caused by fire, water, or any of the risks
enumerated in standard extended coverage insurance, except that Lessee shall nevertheless be
bound by and liable for the indemnification provisions set forth in Paragraph 4.01.
5.
TOWER COMPLIANCE AND ENVIRONMENTAL
5.01. Compliance. Lessor covenants that it will keep the Tower in good repair as
required by this Agreement. The Lessor shall also comply with all rules and regulations
enforced by the Federal Communications Commission with regard to the lighting, marking, and
painting of towers.
5.02. Materials. Lessee shall not use materials in the installation of the antennas or
transmission lines that will cause corrosion or rust or deterioration of the Tower or its
appurtenances.
5.03. Antenna and Transmission Line Markings. All antennas on the Tower must be
identified by a marking fastened securely to its bracket on the Tower and all transmission lines are
to be tagged at the conduit opening where it enters any user’s equipment space.
5.04.
Lessor Tower Maintenance and Painting. The Lessee acknowledges that the
primary function of the water tank it to provide water storage for the Lessor and the public and that
the Property itself is used for public purposes. Accordingly, upon the request of the Lessor, Lessee
shall relocate its equipment on a temporary basis to another location on the Property, hereinafter
referred to as the “Temporary Relocation,” for the purpose of Lessor performing maintenance,
repair, painting, or similar work at the Property or on the Tower. As a result of any such request,
Lessee shall pay any and all costs related to the removal, relocation, reinstallation, and re-
attachment of any and all equipment. Lessor shall have no financial responsibility, liability, and/or
12
obligation to Lessee for any such costs, fees, and/or damages relating to and/or arising out of the
Lessor’s request(s). In the event that no temporary relocation site is similar to Lessee’s existing
location in size and/or is not fully compatible for Lessee’s use, then Lessee’s sole remedy is that the
rental payments shall abate for the period of time of the Temporary Relocation. Provided that the
maintenance and/or repairs required do not constitute an emergency, in Lessor’s discretion, Lessor
shall provide Lessee at least one-hundred and eighty (180) days written notice prior to requiring
Lessee to relocate. Upon the completion of any maintenance, repair or similar work by Lessor,
Lessee is permitted to return to its original location from the temporary location with all costs for
the same being paid by Lessee.
5.04.1. In the event that the maintenance and/or painting permits same, in the
discretion of the Lessor, the Lessor may also permit the Lessee to cover the Equipment and Property
to protect same in the event that the Lessee requests to cover the Equipment and Property instead of
moving same. The cost of covering the Equipment and Property shall be borne by the Lessee.
5.04.2. Should Lessor determine it must perform routine maintenance or repair to
the Equipment and Property in the Tower Space or Land Space, the Lessor shall give the Lessee
at least one-hundred and eighty (180) days written notice of such work, such that Lessee has
sufficient time within which to remove the Equipment and Property that the Lessor requires to be
removed. In the event that the Lessee fails to remove the Equipment and Property within the time
required, the Lessor may elect to move and store the Equipment and Property, the Lessee shall be
responsible for the payment of all costs and expenses, including, but not limited to, contractors
fees, overtime, professional fees, storage fees, and any other related costs relating to such
removal, and the Lessee releases the Lessor, its officers and elected officials, employees, agents,
and contractors from any claims for damage to the Equipment and Property or any other damage
or claim arising therefore, and Lessee forever waives any and all claims it may have against the
Lessor, its officers, employees, agents, and contractors relating to such removal, storage, and
reinstallation of same.
5.05. Environmental and Safety. Lessor and Lessee shall comply with all federal, state,
and local laws in connection with any substance brought onto the Property that are identified by
any law, ordinance, or regulation as hazardous, toxic, or dangerous (collectively “Hazardous
Substances”). Lessee shall conduct its business in compliance with all applicable laws governing
the protection of the environment or employee health and safety (“EH&S Laws”). Lessee shall
be responsible for all losses and/or damage caused by any Hazardous Substances that it may
bring onto the Property and shall indemnify, defend, and hold harmless the Lessor from claims to
the extent resulting from any such Hazardous Substances and/or Lessee’s violation of any
applicable EH&S Laws to the extent required in Paragraph 4.01. Lessor shall indemnify and
hold harmless Lessee from all claims resulting from the violation of any applicable EH&S Laws
or a release of any regulated substance to the environment except to the extent resulting from the
activities of Lessee. The Parties recognize that Lessee is only leasing a small portion of the
Property and that Lessee shall not be responsible for any environmental condition or issue except
to the extent resulting from Lessee’s specific activities and responsibilities. In the event that
Lessee encounters any Hazardous Substances that do not result from its activities, Lessee may
relocate its Equipment and Property to avoid such hazardous substances to a mutually agreeable
location, or, if Lessee desires to remove at its own cost all or some the Hazardous Substances or
13
materials (such as soil) containing those Hazardous Substances, Lessor agrees to sign any
necessary waste manifest associated with the removal, transportation and/or disposal of such
substances. In the event that the Hazardous Substance is not the result of Lessee and there is no
other potential location for the Equipment and Property and/or Lessee elects not to remove the
hazardous substance and Lessor does not agree to remediate and remove same, the Lessee may
terminate this Agreement on thirty (30) days’ notice. In the event that the Hazardous Substance
is the result of Lessee, this Agreement shall remain in effect regardless of whether there are any
other locations for the Equipment and Property and as set forth herein, Lessee shall be
responsible for the payment of any and all costs relating to the Hazardous Substances.
5.06. Emergency Maintenance. Lessor shall have the unfettered right and access to the
Tower Space and Land Space to engage in and conduct inspections and any emergency
maintenance and repairs to the Tower. Should Lessor determine in its discretion that it must
undertake emergency maintenance or repair, as defined by Lessor, of the water tank and Tank
Space, Lessor shall give as much notice as reasonably possible of the emergency work, except
that Lessor may engage in any emergency inspections, maintenance, and repairs as it deems
necessary and proper in its discretion without prior notice to the Lessee. Lessor shall, however,
provide notice to the Lessee within a reasonable amount of time thereafter. The provisions of
Paragraph 5.04.2 shall apply to the liabilities of the Parties relating to and/or arising out of the
removal, storage, and replacement of the Equipment and Property under emergency circumstances.
6.
END OF AGREEMENT
6.01.
Removal at End of Term. At its sole cost and expense, Lessee shall, upon
expiration of this Agreement, or within sixty (60) days after any termination of the Agreement,
remove any and all Equipment and Property and remove any Utility Equipment requested to be
removed by Lessor and restore the Property to its original condition, reasonable wear and tear
and casualty damage excepted. Lessor agrees and acknowledges that all of the Equipment and
Property of Lessee shall remain the personal property of Lessee and Lessee shall have the right
to remove the same at any time during the Term, whether or not said items are considered
fixtures and attachments to real property under applicable Laws. If such time for removal causes
Lessee to remain on the Property after termination of this Agreement, Lessee shall pay rent at the
then existing monthly rate or on the existing monthly pro-rata basis if based upon a longer
payment term, plus one-hundred percent (100.00%) per annum (for a total of 200.00% of the
then existing rent) until such time as the removal of the Equipment and Property and remove any
Utility Equipment requested to be removed by Lessor are completed, except that if the Lessee
remains on the Property without the written authorization of the Lessor for a period of more than
sixty (60) days, Lessor shall be entitled to any and all attorney’s fees and costs for any
investigation and review, pre-litigation, litigation, post-judgment litigation, and any and all
appeals arising out of and/or relating to any legal action commenced by Lessor to compel the
removal, in addition to the aforesaid monthly rate and interest rate. Such removal shall be
performed in a workmanlike and careful manner and without interference or damage to any other
equipment, structures, or operations on the Property, including the use of the Property by Lessor
or any of Lessor’s assignees or lessees. If, however, Lessee requests permission not to remove
all or a portion of the improvements and Lessor consents to such non-removal, title to the
affected improvements shall thereupon transfer to Lessor free and clear of all liens and
encumbrances and the same thereafter shall be the sole and entire property of Lessor, and Lessee
14
shall be relieved of its duty to otherwise remove same.
7.
DEFAULT; TERMINATION; REMEDIES
7.01. Notice of Default. In the event there is a breach with respect to any of the
provisions of this Agreement or its obligations under it, the non-breaching Party shall provide
written notice of such breach. After receipt of such written notice, the breaching Party shall have
fifteen (15) days in which to cure any monetary breach and thirty (30) days in which to cure any
non-monetary breach, provided the Party shall have such extended period as may be required
beyond the thirty (30) days if the nature of the cure is such that the Lessor agrees it reasonably
requires more than thirty (30) days and the Party commences the cure within the thirty (30) day
period and thereafter continuously and diligently pursues the cure to completion. A Party may
not maintain any action or effect any remedies for default against the other Party unless and until
the breaching Party has failed to cure the breach within the time periods provided in this
Paragraph.
7.02. Remedies. In the event of Lessee’s default other than default in the payments
required by this Agreement, the Lessor may at its option (but without obligation to do so),
perform the defaulting Lessee’s duty or obligation on the defaulting Lessee’s behalf, including
but not limited to the obtaining of reasonably required insurance policies. The costs and
expenses of any such performance by the Lessor shall be due and payable by the defaulting
Lessee upon invoice therefor. In the event of a default by either Party with respect to a material
provision of this Agreement, without limiting the non-defaulting Party in the exercise of any
right or remedy which the non-defaulting Party may have by reason of such default, the non-
defaulting Party may terminate the Agreement and/or pursue any remedy now or hereafter
available to the non-defaulting Party under the Laws or judicial decisions of the state in which
the Premises are located. Lessee shall bear its own attorney’s fees and costs arising out of any
such dispute and/or litigation arising out and/or relating to the terms of this Agreement. In the
event that the Lessor is the prevailing Party on any claim or defense, Lessee shall be responsible
and liable for the payment of any and all of Lessor’s attorney’s fees and costs for any
investigation and review, pre-litigation, litigation, post-judgment litigation, and any and all
appeals arising out of and/or relating to this Agreement.
7.02.1. In the event of Lessee’s default, the Lessee shall remain liable for the
payment of all amounts required through the existing term of this Agreement set forth in
Paragraph 3. If the foregoing default occurs within the six (6) month period set forth in
Paragraph 3.01.2, the Lessee shall remain liable for all sums due to the Lessor pursuant to the
subsequent term of this Agreement. If, in the sole discretion of the Lessor, the Lessor elects to
advertise and attempt to secure a new tenant for the Property, the continued liability for payments
shall cease at the time the Lessor receives the first payment from the new tenant after Lessor
secures a new tenant pursuant to the Local Public Contracts Law.
7.02.2. In the event of Lessee’s default, Lessor shall have the right, at its option,
in addition to and not exclusive of any other remedy Lessor may have by operating of law,
pursuant to this Agreement, and in equity, and without any further demand or notice, to re-enter
the Property and eject all persons therefrom, and either (i) declare this Agreement at an end, in
which event the Lessee shall immediately remove the Equipment and Property and Utility
15
Equipment pursuant to the terms of this Agreement and pay the Lessor the rental payments and
payments due pursuant to this Lease in accordance with Paragraph 7.02.1, and, if litigation shall
ensue, any other amount necessary to compensate Lessor for all detriment proximately caused by
Lessee’s failure to perform its obligations pursuant to this Agreement.
7.03. Termination. Lessee’s right to termination of this Agreement is set forth in
Paragraph 3.01.2, which provides that the Lessee may elect to terminate this Agreement a
minimum of six (6) months prior to the end of the existing term. Lessee may also terminate this
Agreement upon six (6) months written notice if: (i) changes in local or State laws and
regulations prevent the Lessee from operating the communications facility; or (ii) FCC rulings or
regulations beyond the Lessee’s control that renders the Tower Space unusable. Lessee shall
have no other right to terminate this Agreement unless Lessor materially breaches the terms of
this Agreement and fails to cure the breach pursuant to the cure provisions of this Agreement. In
addition to the right to terminate set forth in Paragraph 3.01.2 and notwithstanding any other
term of this Agreement, in the event that the Lessor receives an order from the FCC or an
appropriate agency with jurisdiction over this Agreement, that the Lessee’s Equipment poses a
health or safety danger and Lessee failed to correct such failure Lessor may terminate this
Agreement with sixty days’ notice.
7.04. Tower Deficiency. In the event it is determined that a structural deficiency not
caused by or the result of the negligence of Lessee exists with respect to the Tower necessitating
the dismantling and removal of the Tower, or, in the event any governmental rule, regulation,
order, or decree applicable to the Tower is issued or adopted by any entity having jurisdiction
over the Tower that would require for correction of same or compliance therewith extensive
repair to the Tower or that necessitates the demolition of the Tower, then Lessor may, in its
discretion, afford the Lessee the option of constructing a monopole for its antenna on the
Property. In the event that the Lessor elects not to permit Lessee the option of constructing a
monopole and related and necessary equipment, this Agreement shall terminate upon notice by
the Lessor that the Tower is structurally deficient and required to be remove or dismantled and
the parties shall have no further obligation upon the Lessee’s compliance with the requirements
of this Agreement at its termination, including, but not limited to, the removal the Equipment and
Property and Utility Equipment in accordance with the terms of this Agreement and the Lessee’s
indemnification requirements set forth in Paragraph 4.01.
8.
MISCELLANEOUS
8.01.
Rights Upon Sale. Should Lessor, at any time during this Agreement decide (i)
to sell or transfer all or any part of the Property or the Tower thereon to a purchaser other than
Lessee, or (ii) to grant to a third-party by easement or other legal instrument an interest in and to
that portion of the Tower and or Property occupied by Lessee, or a larger portion thereof, for the
purpose of operating and maintaining communications facilities or the management thereof, such
sale or grant of an easement or interest therein shall be under and subject to this Agreement and
any such purchaser or transferee shall recognize Lessee’s rights hereunder under the terms of this
Agreement. To the extent that Lessor grants to a third-party by easement or other legal
instrument an interest in and to that portion of the Tower and/or Property occupied by Lessee for
the purpose of operating and maintaining communications facilities or the management thereof
and in conjunction therewith, Lessor shall not be released from its obligations to Lessee under
16
this Agreement, and Lessee shall have the right to look to Lessor and the third-party for the full
performance of this Agreement.
8.02.
Lessor’s Consent. When Lessor’s consent is required, Lessor’s consent shall not
be unreasonably or arbitrarily withheld, conditioned, or delayed.
8.03.
Mechanic’s Lien Prohibited. Lessee shall not suffer any mechanic’s notice of
intention or lien claim to be filed against the Property by reason of work, labor, services, or
materials performed for or furnished to Lessee or to anyone holding the Property, or any part
thereof, through or under Lessee. If Lessee shall fail to remove or discharge any mechanic’s
notice of intention or lien claim as described above within ninety (90) days after notice or
knowledge of the filing of same, then in addition to all other rights of Lessor hereunder, or by
law upon a default by Lessee, Lessor may, at its option, procure the removal or discharge of
same. Lessee shall pay to Lessor all amounts paid by Lessor relating to and/or arising out of the
mechanic’s lien, including all attorney’s fees and costs for any investigation and review, pre-
litigation, litigation, post-judgment litigation, and any and all appeals arising out of and/or
relating to the mechanic’s lien.
8.04.
Lessee’s Bankruptcy. If the Lessee shall file a petition of bankruptcy, or be
adjudicated a bankrupt, or make an assignment for the benefit of creditors to take advantage of
any insolvency act, then, in that event, this Agreement may be terminated by Lessor upon thirty
(30) days written notice to Lessee without any penalty or further liability to Lessor provided that
none of the foregoing shall constitute an event of default, if, at the time of the occurrence, Lessee
is current with its payments, continues to make payments on time, and is not otherwise in default
under the terms of this Agreement.
8.05.
Quiet Enjoyment. Lessor covenants that Lessee, on paying the rent and
performing of the covenants set forth in this Agreement, shall peaceably and quietly have, hold,
and enjoy the rights granted to the Lessor pursuant to this Agreement, except that the Lessee’s
rights shall be subordinate to the Lessor’s rights to quiet enjoyment and use of the Property,
provided that such does not interfere with the Tower Space except as otherwise provided in this
Agreement.
8.06.
Title. Lessor represents and warrants to Lessee as of the execution date of this
Agreement, and covenants during the Term that Lessor is seized of good and sufficient title and
interest to the Property and has full authority to enter into and execute this Agreement. Lessor
further covenants during this Agreement that there are no liens, judgments, or impediments of
title on the Property, or affecting Lessor’s title to the same and that there are no covenants,
easements or restrictions which prevent or adversely affect the use or occupancy of the Premises
by Lessee as set forth above.
8.07.
Integration. This Agreement, together with the Lessor’s bid specifications,
comprise the entire agreement and understanding between the Parties and it is acknowledged that
there is and supersedes all previous understandings and agreements between the Parties, whether
oral or written. In the case of conflict with the bid specifications, this Agreement shall supersede
the specifications. The Parties hereby acknowledge and agree that they have not relied on any
17
representation, assertion, guarantee, warranty, collateral contract or other assurance, except those
set out in this Agreement. The Parties hereby waive all rights and remedies, at law or in equity,
arising or which may arise as the result of a Party’s reliance on such representation, assertion,
guarantee, warranty, collateral contract or other assurance.
8.08. Assignment. This Agreement may be sold, assigned, or transferred by the Lessee
without the approval and consent of the Lessor to the Lessee’s principal, affiliates, subsidiaries
of its principal, or to any entity which acquires all or substantially all of Lessee’s assets in the
market defined by the Federal Communications Commission in which the Property is located by
reason of a merger, acquisition, or other business reorganization. As to other Parties, this
Agreement may not be sold, assigned, or transferred without the written consent of the Lessor,
which such consent will not be unreasonably withheld, delayed, or conditioned. No change of
stock ownership, partnership interest or control of Lessee or transfer upon partnership or
corporate dissolution of Lessee shall constitute an assignment hereunder.
8.09. Notices. All notices hereunder must be in writing and shall be deemed validly
given if sent by certified mail, return receipt requested, or by commercial courier, provided the
courier's regular business is delivery service and provided further that it guarantees delivery to
the addressee by the end of the next business day following the courier's receipt from the sender,
addressed as follows (or any other address that the Party to be notified may have designated to
the sender by like notice):
LESSOR:
Municipal Clerk
Borough of Ship Bottom
1621 Long Beach Boulevard
Ship Bottom, New Jersey 08008
LESSEE:
_________________________
_________________________
_________________________
_________________________
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained
pursuant to the foregoing.
8.10. Subordination and Non-Disturbance. Lessor shall obtain not later than fifteen
(15) days following the execution of this Agreement, a Non-Disturbance Agreement, as defined
below, from its existing mortgagee(s), ground Lessors, and master Lessors, if any, of the
Property. At Lessor’s option, this Agreement shall be subordinate to any future master lease,
ground lease, mortgage, deed of trust, or other security interest (“Mortgage”) by Lessor which
from time to time may encumber all or part of the Property, Tower, or right-of-way; provided,
however, as a condition precedent to Lessee being required to subordinate its interest in this
Agreement to any future Mortgage covering the Tower or Property, Lessor shall obtain for
Lessee’s benefit a non-disturbance and attornment agreement for Lessee’s benefit in the form
reasonably satisfactory to Lessee, and containing the terms described below (“Non-Disturbance
Agreement”), and shall recognize Lessee’s right to remain in occupancy of and have access to
the Premises as long as Lessee is not in default of this Agreement beyond applicable notice and
18
cure periods. The Non-Disturbance Agreement shall include the encumbering Party’s
(“Lender’s”) agreement that, if Lender or its successor-in-interest or any purchaser of Lender’s
or its successor’s interest (“Purchaser”) acquires an ownership interest in the Tower or Property,
Lender or such successor-in-interest or Purchaser will (1) honor all of the terms of the
Agreement, (2) fulfill Lessor’s obligations under the Agreement, and (3) promptly cure all of the
then-existing Lessor defaults under the Agreement. Such Non-Disturbance Agreement must be
binding on all of Lender’s participants in the subject loan (if any) and on all successors and
assigns of Lender and/or its participants and on all Purchasers. In return for such
Non-Disturbance Agreement, Lessee will execute an agreement for Lender’s benefit in which
Lessee (1) confirms that the Agreement is subordinate to the Mortgage or other real property
interest in favor of Lender, (2) agrees to attorn to Lender if Lender becomes the owner of the
Tower or Property and (3) agrees accept a cure by Lender of any of Lessor’s defaults, provided
such cure is completed within the deadline applicable to Lessor. In the event Lessor defaults in
the payment and/or other performance of any mortgage or other real property interest
encumbering the Property, Lessee, may, at its sole option and without obligation, cure or correct
Lessor’s default and upon doing so, Lessee shall be subrogated to any and all rights, titles, liens
and equities of the holders of such mortgage or other real property interest and Lessee shall be
entitled to deduct and setoff against all rents that may otherwise become due under this
Agreement the sums paid by Lessee to cure or correct such defaults.
8.11. Recording. Lessor agrees to execute a Memorandum of this Agreement which
Lessee may record with the appropriate recording officer. The date set forth in the Memorandum
of Lease is for recording purposes only and bears no reference to commencement of either the
Term or rent payments.
8.12. Estoppel. Either Party shall, from time to time, on not less than sixty (60) days
prior written request by the other, execute, acknowledge, and deliver a written statement
certifying that this Agreement is unmodified and in full force and effect, or that this Agreement
is in full force and effect as modified and listing the instruments of modification, the dates to
which rental payments have been paid, and whether to the best knowledge of the Party delivering
the estoppel the other Party is in default hereunder, and, if so, specifying the nature of the
default. No such statement shall be provided that is not accurate.
8.13. Casualty. In the event of damage by fire or other casualty to the Tower or
Premises that cannot reasonably be expected to be repaired within forty-five (45) days following
same, or, if the Property is damaged by fire or other casualty so that such damage may
reasonably be expected to disrupt Lessee’s operations at the Premises for more than forty-five
(45) days, then Lessee may, at any time following such fire or other casualty, provided Lessor
has not completed the restoration required to permit Lessee to resume its operation at the
Premises, suspend this Agreement upon fifteen (15) days prior written notice to Lessor for a
period of five (5) months, and, provided the casualty shall be repaired within those five (5)
months, this Agreement shall resume at the time the casualty is repaired. In the event that the
casualty is not repaired within five (5) months of the aforesaid notice, Lessee may terminate this
Agreement. Any such notice of termination shall cause this Agreement to be suspended with the
same force and effect as though the date set forth in such notice were the date originally set as
the expiration date of this Agreement and the Parties shall make an appropriate adjustment, as of
19
such termination date, with respect to payments due to the other under this Agreement.
Notwithstanding the foregoing, the rent shall abate during the period of repair following such fire
or other casualty in proportion to the degree to which Lessee’s use of the Premises is impaired.
8.14. Assumption of Risk. Lessee undertakes and assumes for its officers, agents,
affiliates, contractors, subcontractors, and employees (collectively “Lessee” for purposes of this
Paragraph), all risk of known dangerous conditions, if any, on or about the Property and Lessee
hereby agrees to indemnify, defend, and hold harmless the Lessor, its elected and appointed
officials, officers, employees, agents, volunteers, and others working on behalf of Lessor in
accordance with Paragraph 4.
8.15. Condemnation. In the event of any condemnation of all or any portion of the
Property, this Agreement shall terminate as to the part so taken as of the date the condemning
authority takes title or possession, whichever occurs first. If as a result of a partial condemnation
of the Premises or Tower, Lessee, in Lessee’s sole discretion, is unable to use the Premises for
the purposes intended hereunder, or if such condemnation may reasonably be expected to disrupt
Lessee’s operations at the Premises for more than forty-five (45) days, Lessee may, at Lessee’s
option, to be exercised in writing within fifteen (15) days after Lessor shall have given Lessee
written notice of such taking (or in the absence of such notice, within fifteen (15) days after the
condemning authority shall have taken possession) terminate this Agreement as of the date the
condemning authority takes such possession. Any such notice of termination shall cause this
Agreement to expire with the same force and effect as though the date set forth in such notice
were the date originally set as the expiration date of this Agreement and the Parties shall make an
appropriate adjustment as of such termination date with respect to payments due to the other
under this Agreement. If Lessee does not terminate this Agreement in accordance with the
foregoing, this Agreement shall remain in full force and effect as to the portion of the Premises
remaining, except that the rent shall be reduced in the same proportion as the rentable area of the
Premises taken bears to the total rentable area of the Premises. In the event that this Agreement
is not terminated by reason of such condemnation, Lessor shall promptly repair any damage to
the Premises caused by such condemning authority.
8.16. Amendment by Operation of Law. Any provision of this Agreement which is
affected by any changes in federal or state law or administrative regulations will necessarily and
accordingly be modified automatically and such changes shall be deemed incorporated herein by
reference as if set forth fully herein, without any action by the Parties required, so as to render
this Agreement consistent with such changes in federal or state law or administrative regulations.
8.17. Severability. If any term of this Agreement or the application thereof to any
extent be held invalid or unenforceable, the remainder of this Agreement, or the application of
such term to the Parties or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected thereby, and each term of this Agreement shall be valid and
enforceable to the fullest extent permitted by law.
8.18. Governing Law. The Parties acknowledge that this Agreement was prepared
under the laws of the State of New Jersey, and, therefore, that this Agreement shall be interpreted
under the laws of the State of New Jersey.
20
8.19. Venue. Any dispute arising out of and/or relating to this Agreement shall be
venued in the Superior Court of New Jersey, Ocean County.
8.20. Binding Effect. This Agreement shall extend to and bind the heirs, personal
representative, successors, and assigns of the Parties hereto.
8.21. Amendments. This Agreement may not be amended, altered, or modified in any
manner except in writing signed by the Parties.
8.22. Waivers. Any failure or delay in the enforcement of any of the provisions of this
Agreement by either of the Parties shall not be construed as a waiver of those provisions.
8.23. Election of Remedies. Neither the exercise of nor the failure to exercise a right or
to give notice of a claim under this Agreement shall constitute an election of remedies or limit
any Party in any manner in the enforcement of any other remedies that may be available to such
Party, whether at law or in equity.
8.24. Force Majeure. Neither Party is liable for any default or delay in the performance
of any of its obligations under this Agreement (other than failure to make payments when due) if
such default or delay is caused, directly or indirectly, by forces beyond such Party’s reasonable
control, including, without limitation, fire, flood, acts of God, labor disputes, pandemic,
accidents, acts of war or terrorism, interruptions of transportation or communications, supply
shortages or the failure of any third Party to perform any commitment relative to the production
or delivery of any equipment or material required for such Party to perform its obligations
hereunder.
8.25. Authorization. The Parties represents and warrants that he/she/it has the authority
to enter into and be bound by the terms of this Agreement.
8.26. Survival. The provisions of the Agreement relating to indemnification shall
survive any termination or expiration of this Agreement. Additionally, any provisions of this
Agreement which require performance subsequent to the termination or expiration of this
Agreement shall also survive such termination or expiration.
8.27. Headings. The headings preceding the text of sections of this Lease are for
convenience only and shall not be deemed part of this Lease.
IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their
respective seals the day and year first above written.
LESSOR:
____________________________________
By:
WITNESS
Name: _____________________________
Its:_______________________________
21
Date: _______________________________
LESSEE:
____________________________________
By:
Name: ______________________________
WITNESS
Its:
______________________________
Date:
22
EXHIBIT A
23
EXHIBIT B
24
EXHBIIT C
[TO BE AGREED UPON FOLLOWING AWARD AND EXECUTION]
--- Document: Bid Spec 1 ---
NORTHWEST ELEVATION
工ㅜㅜ
TOP OF EXISTING OTHER CARRIER ANTENNAS
ELEV. 163'-0" AGL
TOP OF EXISTING OTHER CARRIER ANTENNAS
ELEV. 155'-0" AGL
TOP OF EXISTING WATER TANK
ELEV. 145'-0" AGL
EXISTING OTHER CARRIER ANTENNAS
RAD CENTER 122-0" AGL
(6) PROPOSED CARRIER RRHS (2 PER SECTOR)
RAD CENTER 112-0" AGL
(3) PROPOSED CARRIER ANTENNAS (1 PER SECTOR)
RAD CENTER 112-0" AGL
(3) PROPOSED CARRIER OVP (1 PER SECTOR)
RAD CENTER
112-0" AGL
(3) PROPOSED CARRIER
DC AND FIBER TRUNK ROUTED
UP INSIDE FACE OF WATER TANK
LEG ON WAVE-GUIDE WITH
COVER (PAINT TO MATCH TANK)
NOT TO BE USED
FOR CONSTRUCTION
(3) PROPOSED CARRIER
DC AND FIBER TRUCK ACROSS
HORIZONTAL WATER TANK
BRACING ON INISTRUT WITH BEAM
CLAMPS
IT IS A VIOLATION OF LAW FOR ANY PERSON,
UNLESS THEY ARE ACTING UNDER THE DIRECTION
OF A LICENSED PROFESSIONAL ENGINEER,
TO ALTER THIS DOCUMENT.
(3) PROPOSED CARRIER
DC AND FIBER TRUNK ROUTED
UP INSIDE FACE OF WATER TANK
LEG ON WAVE-GUIDE WITH
COVER (PAINT TO MATCH TANK)
EXISTING 145'-0" WATER TANK
PROPOSED CARRIER
WORKLIGHT
PROPOSED CARRIER
EQUIPMENT CABINET PPC AND FIBER CABINET MOUNTED
ON 8'-0" x 10'-0" PLATFORM ON RAISED CONCRETE
PIERS WITHIN 80 SQ. FT. LEASE AREA. TOP OF
PLATFORM AT 38" AGL.
PROPOSED CARRIER
GPS UNIT
GRADE
ELEV. 0-0" AGL
12' 8' 4' 0
3/32"-1'-0"
10'
1
DRAWN BY: CHECKED BY: APPROVED BY:
ION
RFDS REV #:
LEASE
EXHIBIT
CARRIER
SHEET TITLE
TOWER ELEVATION
SHEET NUMBER
LE-3
--- Document: Bid Spec 2 ---
N
EXISTING
BUILDING
CENTRAL AVE
EXISTING
BUILDING
EXISTING
BUILDING
SEE LE-2
EXISTING
BUILDING
APPROXIMATE LOCATION OF PROPERTY LINE
APPROXIMATE LOCATION OF PROPERTY LINE
W 17TH ST
----------
APPROXIMATE LOCATION OF PROPERTY LINE
SECTOR
320
GAMMA
LPHA
SECTOR
50
APPROXIMATE LOCATION OF PROPERTY LINE
BETA
SECTOR
190
OVERALL SITE PLAN
EXISTING
BUILDING
EXISTING
BUILDING
CENTRAL AVE
EXISTING
PARKING AREA
W 17TH ST
W 18TH ST
W 16TH ST
W 15TH ST
SITE LOCATION
LONG BEACH BLVD
E 17TH ST
E 18TH ST
LONG BEACH BLVD
E 16TH ST
16'
32
1
16' 12' 8' 4' 0
1/16"-1'-0"
NOT TO BE USED
FOR CONSTRUCTION
IT IS A VIOLATION OF LAW FOR ANY PERSON,
UNLESS THEY ARE ACTING UNDER THE DIRECTION
OF A LICENSED PROFESSIONAL ENGINEER,
TO ALTER THIS DOCUMENT.
DRAWN BY: CHECKED BY: APPROVED BY:
ION
RFDS REV #:
LEASE
EXHIBIT
CARRIER
SHEET TITLE
OVERALL SITE PLAN
SHEET NUMBER
LE-1
EXISTING CHAINLINK FENCE (TYP)
EXISTING
EQUIPMENT
SHELTER
PROPOSED CARRIER
GAMMA SECTOR (1 ANTENNA, 2
RRHS, 1 OVP) MOUNTED TO NEW
STANDOFF ARM ON COLLAR
MOUNT ON WATER TANK LEG
1
LE-3
(3) PROPOSED CARRIER
DC AND FIBER TRUCK ROUTED ACROSS
HORIZONTAL WATER TANK BRACING ON
UNISTRUT WITH BEAM CLAMPS.
PROPOSED CARRIER
WORKLIGHT MOUNTED ON
8-0" X 10-0" NEW STEEL PLATFORM
EXISTING ACCESS GATE
PROPOSED NEW 200A METER
PROPOSED CARRIER
UNDERGROUND ELECTRICAL CONDUIT
BETWEEN THE EXISTING DISCONNECT
AND PROPOSED PPC APPROX 55'
EXISTING CABLE BRIDGE
(ΤΥΡ.)
GAMMA SECTOR
AZ 3200R
LEG 2
LEG 3
11'-6"
PROPOSED CARRIER
EQUIPMENT CABINET, PPC AND FIBER
CABINET MOUNTED ON 8'-0" X 10'-0"
PLATFORM ON RAISED CONCRETE PIERS
WITHIN 80 SQ. FT. LEASE AREA. TOP
OF PLATFORM AT 38" AGL.
LEG 1
PROPOSED CARRIER
GPS ANTENNA MOUNTED ON 8'-0"
X 10'-0" NEW STEEL PLATFORM
PROPOSED CARRIER
BETA SECTOR (1 ANTENNA, 2 RRHs, 1
OVP) MOUNTED TO NEW STANDOFF
ARM ON COLLAR MOUNT ON WATER
TANK LEG
ENLARGED SITE PLAN
PWR
PWR
PWR
PWR
PWR-
FBR
BR
FBR
FBR
FBR
FBR
PWR-
FBR
BETA SECTO
AZ
190
LEG 4
FBR
FBR
43'-0"
ALPHA S
SECTOR
EXISTING UTILITY BACKBOARD (TΥΡ.)
EXISTING MESA CABINET
(3) PROPOSED CARRIER
DC AND FIBER TRUNK ROUTED UP INSIDE
FACE OF WATER TANK LEG ON
WAVE-GUIDE WITH COVER (PAINT TO
MATCH TANK)
PROPOSED CARRIER
ALPHA SECTOR (1 ANTENNA, 2 RRH8, 1
OVP) MOUNTED TO NEW STANDOFF ARM
ON COLLAR MOUNT ON WATER TANK
LEG
PROPOSED CARRIER
FIBER AND ELECTRIC CONDUIT ROUTED
UNDERGROUND IN TRENCH
EXISTING EQUIPMENT SHELTER
BY OTHERS
EXISTING HORIZONTAL BRACING ABOVE
LEG 5
EXISTING 145'-0" WATER TANK
PROPOSED CARRIER
UNDERGROUND FIBER CONDUIT BETWEEN
THE EXISTING TELCO BACKBOARD AND
PROPOSED EQUIPMENT CABINET APPROX
75'
(3) PROPOSED CARRIER
DC AND FIBER TRUNK ROUTED UP INSIDE
FACE OF WATER TANK LEG ON
WAVE-GUIDE WITH COVER (PAINT TO
MATCH TANK)
EXISTING ANTENNAS
BY OTHERS
EXISTING STEEL PLATFORM
BY OTHERS
EXISTING STEEL PLATFORM
BY OTHERS
6' 4' 2' 0
------
3/16"-1'-0"
5'
10'
1
NOT TO BE USED
FOR CONSTRUCTION
IT IS A VIOLATION OF LAW FOR ANY PERSON,
UNLESS THEY ARE ACTING UNDER THE THE
DIRECTION
OF A LICENSED PROFESSIONAL ENGINEER,
TO ALTER THIS DOCUMENT.
DRAWN BY: CHECKED BY: APPROVED BY:
ION
RFDS REV #:
LEASE
EXHIBIT
CARRIER
SHEET TITLE
ENLARGED SITE PLAN
SHEET NUMBER
LE-2
--- Document: August 29, 2023 T-Shirt Bids ---
PUBLIC NOTICE IS HEREBY GIVEN that sealed bids will be received by the Mayor and Council of the
Borough of Ship Bottom in the Municipal Clerk's Office, 1621 Long Beach Boulevard, Ship Bottom, New
Jersey 08008 for the following bids:
2023 Police Pickleball Event and 2023 Day at the Bay Event Custom Printed Shirts
Until Tuesday August 29, at 10:00 a.m. at which time and place they will be publicly opened and read
aloud in the Municipal Court Room. Bids pursuant to this notice must be received by the Mayor and
Council of the Mayor and Council of the Borough of Ship Bottom in the Municipal Clerk's Office no later
than 10:00 a.m. Tuesday, August 29, 2023. Copies of the Bid Documents and Specification may be
obtained at the Municipal Clerk's Office of the Borough of Ship Bottom 1621 Long Beach Blvd, Ship
Bottom, New Jersey, 08008; 609-494-2171. Bid documents are available at no charge on the Borough of
Ship Bottom's municipal website www.shipbottom.org. The mailing of bid documents shall be made at
the bidder's cost.
All bids shall be submitted in a sealed envelope clearly marked with name, address and phone number of
the bidder with the designation "2023 Police Pickleball Event and Day at the Bay Event Custom Printed
Shirts"." Whether submitted by hand delivery or mail, all such bids must be received in the Municipal
Clerk's Office no later than Tuesday, August 29, 2023, at 10:00 a.m. Any delay caused by the US Postal or
Private Delivery Service shall be the sole responsibility of the bidder. No bids shall be accepted after the
time designated. All bids shall remain sealed until the bid opening time set forth.
All bid Addenda will be issued on the website. Therefore, all interested bidders should check the above
website now through the bid opening. It is the sole responsibility of the respondent to be knowledgeable
of all addenda related to this procurement.
Bidders are required to comply with the requirements N.J.S.A. 10:5-31, et seq. and N.J.A.C. 17:27-1. Et
seq., if applicable.
The Minimum Wage rates, if applicable, for labor employed on these contracts shall be as specified in
the "New Jersey Prevailing Wage Determination", of the New Jersey Department of Labor.
The Borough of Ship Bottom shall have sixty days (60) within to accept or reject bids. Submitted bidders
shall be required to keep their bids open for that period of time and agree that they shall not withdraw
or reverse their prices therein.
Multiple awards may be made and the Borough of Ship Bottom reserves the right to reject any or all bids
submitted pursuant to N.J.S.A. 40A:11-13.2. Any contract award will be to the lowest responsible bidder
based on the lowest Total Bid Amount and the Mayor and Council shall make such awards or take such
actions as may be in the best interest of the Borough.
Any questions concerning the bid specifications and/or procedure should be directed to Kathleen
Flanagan.
BOROUGH OF SHIP BOTTOM
Gateway to Long Beach Island
1621 Long Beach Blvd.
Ship Bottom, Ocean County, N.J. 08008
(609)494-2171 OR 2172 FAX (609) 494-7763
Requesting Department:
Purchasing Dept.
Contact Person: Kathleen Flanagan, Borough Coordinator, CFO, QPA
Request for Quotes
Bidder:
Date Issued: August 19, 2023
Date Due: August 29, 2023
Time Due: By 10:00 am
Quotes may be faxed by the due date & time to 609/494-7763 or email to kflanagan@shipbottom.org.
Specifications:
Quantity
Units
Description
Unit
Price
Total
Pickleball Shirts - 120
One Color on Front
8 Small
24 Medium
38 Large
35 XL
15 LLX
Day at the Bay Shirts -150
Small Logo on front Pocket area
Two Colors: one color on back of
shirt for sponsors; one color on
front pocket area
15 Small
30 Medium
45 Large
40 XL
20 XXL
F.O.B. Destination
This is NOT an order
Bid Valid for
days.
Quotation Prepared By:
Sub-Total:
Shipping Charge:
Grand Total:
Important: This is a bid on the goods and services shown, subject to the Terms and Conditions Accompanying
this form. Any changes by Bidder to the Borough of Ship Bottom's Terms and Conditions will cause Bidder's bid
to be requested.
Signature of Bidder's Authorized Representative:
Kathleen Flanagan, Borough Coordinator, CFO, QPA
Borough of Ship Bottom
Borough of Ship Bottom-, not to exceed $44,000.00
For Calendar Year 2023 for the Borough of Ship Bottom
BOROUGH OF SHIP BOTTOM DOCUMENT CHECKLIST*
Required by
owner
Submission Requirement
Initial each
required entry
and if required
submit the item
Non-Collusion Affidavit
[pg. P-1]
X
New Jersey Business Registration
(must be submitted prior to contract award)
[pg. P-2]
X
References
[pg. P-3]
Mandatory Affirmative Action
X
Language (pg. AA1-AA2)
[pg. P-4 & P-5]
Americans with Disabilities Act of 1990
Language (pg. AD-1)
[P-6]
X
Insurance Certificates
[P-7]
Disclosure of Investment
X
[Pg. P-8 & P-9]
Activities in Iran
X
W-9 Request for Taxpayer Identification
Number and Certification
[Pg. P-10]
X
Non-Fair & Open Contribution Prohibition
Language
[Pg. P-11]
X
Business Entity Disclosure Form
[Pg. P-12 & P-13]
X
Political Contribution Disclosure
Certification
[Pg. P-14 & P-17]
X
Stockholder Disclosure Statement
[Pg. P-18 & P-19]
Reporting to the Office of the
X
New Jersey State Comptroller
[Pg. P-20]
X
NFO Proposal Pricing Sheets
[Pg. 21 to 24]
Read Only
X
Provide the Required Form(s)
*This form need not be submitted. It is provided for bidder's use in assuring compliance with all required
documentation.
BDC-1
Borough of Ship Bottom-, - not to exceed $44,000.00
For Calendar Year 2020 for the Borough of Ship Bottom
BOROUGH OF SHIP ВОТТОМ
NON-COLLUSION STATEMENT
Upon request, the bidder will be expected to amplify the foregoing statements as necessary to satisfy
the Borough concerning his ability to successfully perform the work in a satisfactory manner.
The undersigned bidder submitting this proposal or bid certifies and affirms that such bid is genuine
and is not the result of collusion. Said bidder has not colluded, conspired, connived. or agreed, directly
or indirectly, with any bidder or person, to put in a false bid, or that such other persons shall refrain
from bidding. Said bidder has not in any manner, directly or indirectly, sought by agreement or
collusion, or communication or conference, with any person, to fix overhead, profit or cost element of
said bid price, or that of any other bidder, or to secure any advantage against the Borough or any
person interested in the proposed contract. Further, such bidder has not, directly or indirectly,
submitted this bid, or the contents thereof, or divulged information or data relative thereto to any
association or to any member or agent thereof; and, that no Borough official or employee is interested
directly or indirectly in the bid or in any portion of the bid, nor in the contract or in any part of the
contract which may be awarded the undersigned on the basis of such bid.
Signed this
day of
(Bidder)
By
Signature of Authorized Individual, Partner or Officer
Signing the Proposal
Print Name:
Title:
Date:
P-1
Borough of Ship Bottom-, not to exceed $44,000.00
For Calendar Year 2023 for the Borough of Ship Bottom
BOROUGH OF SHIP ВОТТОМ
BUSINESS REGISTRATION CERTIFICATE
TAXPAYER NAME:
STATE OF NEW JERSEY
BUSINESS REGISTRATION CERTIFICATE
FOR STATE AGENCY AND CASINO SERVICE CONTRACTOR
TAX REGISTRATION TEST ACCOUNT
TAXPAYER IDENTIFICATION:
970-097-382/500
APRESS:
3LING A
TRENON NJ OBF
VE DA
キム
LININA
Getaway Se
Taxpayer Name:
Trade Nome:
Address:
PARISAE
18:03 OF
TRAI AMI
CLIENT PREGISTRAT 10
SEOLIENCE NUMBER
0107330
ISSUANCE DATE:
07/14/04
5
Jurs Tuth
THEyed al above 5
STATE OF NEW JERSEY
BUSINESS REGISTRATION CERTIFICATE
TAX REG TEST ACCOUNT
Certificate Number:
Date of lesuances
847 ROEBLING AVE
TRENTON, NJ 08611
1093907
October 14, 2004
For Office Use Only:
20041014112823533
Reforms to the Business Registration Certificate Filing: permits filing prior to award of contracts if not
filed with bid. Effective with bids received and contracts awarded after January 18, 2010, this law
removes the requirement of the Local Public Contracts Law (N.J.S.A. 40A:11-23.2) that required a bid
to be rejected if the bidder failed to include a BRC with the bid, even though it may have been the
otherwise lowest responsible bid. The law now allows the BRC to be filed any time prior to award of the
contract and the bidder had to have obtained the BRC prior to receipt of bids. This permits the BRC to
be required with a bid, or submitted subsequently. If a BRC is required in a bid, but not submitted with
the bid, it would an immaterial defect; curable by being filed prior to award of the contract. A BRC is
obtained from the New Jersey Division of Revenue. Information on obtaining a BRC is available on the
internet at www.nj.gov/njbgs or by phone at (609) 292-1730.
N.J.S.A. 52:32-44 imposes the following requirements on contractors and all subcontractors that
knowingly provide goods or perform services for a contractor fulfilling this contract:
1) The contractor shall provide written notice to its subcontractors and suppliers to submit proof of
business registration to the contractor;
2) Subcontractors through all tiers of a project must provide written notice to their subcontractors and
suppliers to submit proof of business registration and subcontractors shall collect such proofs of
business registration and maintain them on file;
3) Prior to receipt of final payment from a contracting agency, a contractor must submit to the
contacting agency an accurate list of all subcontractors or attest that none was used;
4) During the term of this contract, the contractor and its affiliates shall collect and remit, and shall
notify all subcontractors and their affiliates that they must collect and remit to the Director, New
Jersey Division of Taxation, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A.
54:32B-1 et seq.) on all sales of tangible personal property delivered into this State.
A contractor, subcontractor or supplier who fails to provide proof of business registration or provides false
business registration information shall be liable to a penalty of $25 for each day of violation, not to exceed
$50,000 for each business registration not properly provided or maintained under a contract with a
contracting agency. Information on the law and its requirements is available by calling (609) 292-1730.
P-2
Borough of Ship Bottom-, not to exceed $44,000.00
For Calendar Year 2023 for the Borough of Ship Bottom
BOROUGH OF SHIP ВОТТОМ
REFERENCES
Please list three (3) references below:
1.
2.
3.
Signature:
Print Name:
Title:
Date:
P-3
(REVISED 4/10)
Borough of Ship Bottom-, not to exceed $44,000.00
For Calendar Year 2023 for the Borough of Ship Bottom
BOROUGH OF SHIP ВОТТОМ
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
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant
for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or
sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to
affectional or sexual orientation and gender identity or expression, the contractor will 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. 17:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including,
but not limited to, employment agencies, placement bureaus, colleges, universities, 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.
P-4
(REVISED 4/10)
Borough of Ship Bottom-, not to exceed $44,000.00
For Calendar Year 2023 for the Borough of Ship Bottom
BOROUGH OF SHIP ВОТТОМ
EXHIBIT A continued
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
•
Employee Information Report Form AA302 (electronically provided by the
Division and distributed to the public agency through the Division's website at
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 Subchapter 10 of the Administrative Code at N.J.A.C. 17:27.
Company
Signature
Title
Date
P-5
Borough of Ship Bottom-, - not to exceed $44,000.00
For Calendar Year 2023 for the Borough of Ship Bottom
BOROUGH OF SHIP BOTTOM
APPENDIX A
AMERICANS WITH DISABILITIES ACT OF 1990
Equal Opportunity for Individuals with Disability
The contractor and the Borough of Ship Bottom, (hereafter "owner") do hereby agree that the provisions of
Title 11 of the Americans With Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 et seq.), which
prohibits discrimination on the basis of disability by public entities in all services, programs, and activities
provided or made available by public entities, and the rules and regulations promulgated pursuant there unto,
are made a part of this contract. In providing any aid, benefit, or service on behalf of the owner pursuant to
this contract, the contractor agrees that the performance shall be in strict compliance with the Act. In the
event that the contractor, its agents, servants, employees, or subcontractors violate or are alleged to have
violated the Act during the performance of this contract, the contractor shall defend the owner in any action
or administrative proceeding commenced pursuant to this Act. The contractor shall indemnify, protect, and
save harmless the owner, its agents, servants, and employees from and against any and all suits, claims,
losses, demands, or damages, of whatever kind or nature arising out of or claimed to arise out of the alleged
violation. The contractor shall, at its own expense, appear, defend, and pay any and all charges for legal
services and any and all costs and other expenses arising from such action or administrative proceeding or
incurred in connection therewith. In any and all complaints brought pursuant to the owner's grievance
procedure, the contractor agrees to abide by any decision of the owner, which is rendered pursuant to said
grievance procedure. If any action or administrative proceeding results in an award of damages against the
owner, or if the owner incurs any expense to cure a violation of the ADA, which has been brought pursuant
to its grievance procedure, the contractor shall satisfy and discharge the same at its own expense.
The owner shall, as soon as practicable after a claim has been made against it, give written notice thereof to
the contractor along with full and complete particulars of the claim, If any action or administrative
proceeding is brought against the owner or any of its agents, servants, and employees, the owner shall
expeditiously forward or have forwarded to the contractor every demand, complaint, notice, summons,
pleading, or other process received by the owner or its representatives.
It is expressly agreed and understood that any approval by the owner of the services provided by the
contractor pursuant to this contract will not relieve the contractor of the obligation to comply with the Act
and to defend, indemnify, protect, and save harmless the owner pursuant to this paragraph.
It is further agreed and understood that the owner assumes no obligation to indemnify or save harmless the
contractor, its agents, servants, employees and subcontractors for any claim which may arise out of their
performance of this Agreement. Furthermore, the contractor expressly understands and agrees that the
provisions of this indemnification clause shall in no way limit the contractor's obligations assumed in this
Agreement, nor shall they be construed to relieve the contractor from any liability, nor preclude the owner
from taking any other actions available to it under any other provisions of the Agreement or otherwise at law.
P-6
Name of Bidder:
Borough of Ship Bottom-, - not to exceed $44,000.00
For Calendar Year 2023 for the Borough of Ship Bottom
BOROUGH OF SHIP ВОТТОМ
INSURANCE CERTIFICATES
Address:
The Bidder is required to submit actual Certificate(s) of Insurance
establishing Insurance coverage of the type and amount required in
accordance with the procedure set forth by the Contract Documents.
(Documents to be submitted prior to the resolution of award)
☑2. GENERAL LIABILITY INSURANCE
General liability insurance shall be provided with limits of not less than $1,000,000.00 any one person and
$1,000,000.00 any one accident for bodily injury and $1,000,000.00 aggregate for property damage, and shall
be maintained in full force during the life of the contract.
✉3. AUTOMOTIVE LIABILITY INSURANCE
Automotive liability insurance covering contractor for claims arising from owned, hired and non-owned
vehicles with limits of not less than $1,000,000.00 any one person and $1,000,000.00 any one accident for
bodily injury and $1,000,000.00 each accident for property damage, shall be maintained in full force during
the life of the contract.
P-7
Borough of Ship Bottom-, not to exceed $44,000.00
For Calendar Year 2023 for the Borough of Ship Bottom
BOROUGH OF SHIP ВОТТОМ
DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
PART 1: CERTIFICATION
BIDDERS MUST COMPLETE PART 1 BY CHECKING EITHER BOX.
FAILURE TO CHECK ONE OF THE BOXES MAY RENDER THE PROPOSAL NON-RESPONSIVE.
Pursuant to Public Law 2012, c. 25, any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a
contract must complete the certification below to attest, under penalty of perjury, that neither the person or entity, nor any of its
parents, subsidiaries, or affiliates, is identified on the Department of Treasury's Chapter 25 list as a person or entity engaging in
investment activities in Iran. The Chapter 25 list is found on the State of New Jersey, Department of Treasury, Division of Purchase
and Property website at http://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf. Bidders must review this list prior to
completing the below certification. Failure to complete the certification may render a bidder's bid proposal non-responsive. If
the Borough of Ship Bottom determines that a person or entity has submitted a false certification concerning its engagement in
investment activities in Iran pursuant to section 4 of P.L. 2012, c.25 (C.52:32-58), the local contracting unit shall report to the New
Jersey Attorney General the name of that person or entity, and the Attorney General shall determine whether to bring a civil action
against the person to collect the penalty prescribed in paragraph (1) of subsection a. of section 5 of P.L. 2012, с.25 (С.52:32-59).
The Borough of Ship Bottom may also report to the municipal attorney or county counsel, as appropriate, the name of that person,
together with its information as to the false certification, and the municipal attorney or county counsel, as appropriate, may
determine to bring such civil action against the person to collect such penalty.
PLEASE CHECK THE APPROPRIATE BOX:
I certify, pursuant to Public Law 2012, c. 25, that neither the bidder listed above nor any of the bidder's parents, subsidiaries, or
affiliates is listed on the N.J. Department of the Treasury's list 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 I 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 bidder and/or one or more of its parents, subsidiaries, or affiliates is listed on
the Department's Chapter 25 list. I will provide a detailed, accurate and precise description of the activities in Part 2 below
and sign and complete the Certification below. Failure to provide such will result in the proposal being rendered as nonresponsive
and appropriate penalties, fines and/or sanctions will be assessed as provided by law.
PART 2: PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN
You must provide a detailed, accurate and precise description of the activities of the bidding person/entity, or one of its
parents, subsidiaries or affiliates, engaging in the investment activities in Iran outlined above by completing the boxes
below.
PROVIDE INFORMATION RELATIVE TO THE ABOVE QUESTIONS. PLEASE PROVIDE THOROUGH
ANSWERS TO EACH QUESTION. IF YOU NEED TO MAKE ADDITIONAL ENTRIES, ATTACH ADDITIONAL
PAGES.
Name
Description of Activities
Relationship to Bidder/Offeror
Duration of Engagement
Anticipated Cessation Date
Bidder/Offeror Contact Name
Contact Phone Number
P-8
Borough of Ship Bottom-, not to exceed $44,000.00
For Calendar Year 2023 for the Borough of Ship Bottom
BOROUGH OF SHIP BOTTOM
DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
Certification:
I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any attachments thereto
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 Ship Bottom is relying on the information
contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification
through the completion of any contracts with the Borough of Ship Bottom to notify the Borough of Ship Bottom 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, and 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 Ship
Bottom and that the Borough of Ship Bottom at its option may declare any contract(s) resulting from this certification
void and unenforceable.
I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any
attachments thereto 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.
Bidder:
Signature:
Print Name:
Title:
Date:
P-9
Borough of Ship Bottom-, - not to exceed $44,000.00
For Calendar Year 2023 for the Borough of Ship Bottom
BOROUGH OF SHIP
BOTTOM
Form
W-9
(Rev. August 2013)
Department of the Treasury
Internal Revenue Service
Print or type
See Specific Instructions on page 2.
Request for Taxpayer
Identification Number and Certification
Name (as shown on your income tax return)
Business name/disregarded entity name, if different from above
Check appropriate box for federal tax classification:
Individual/sole proprietor
C Corporation
S Corporation
Partnership
Trust/estate
Give Form to the
requester. Do not
send to the IRS.
Exemptions (see instructions):
Exempt payee code (if any)
Exemption from FATCA reporting
code (if any)
Requester's name and address (optional)
Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership)►
Other (see instructions) ►
Address (number, street, and apt. or sulte no.)
City, state, and ZIP code
List account number(s) here (optional)
Part I
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TiN provided must match the name given on the "Name" line
to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a
resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a
TIN on page 3.
Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose
number to enter.
Part II
Certification
Under penalties of perjury, I certify that:
Social security number
Employer identification number
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding, and
3. I am a U.S. citizen or other U.S. person (defined below), and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report ali interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage
interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and
generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the
instructions on page 3.
Sign Signature of
Here U.S. person
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.
Future developments. The IRS has created a page on IRS.gov for information
about Form W-9, at www.irs.gov/w9. Information about any future developments
affecting Form W-9 (such as legislation enacted after we release it) willi be posted
on that page.
Purpose of Form
A person who is required to file an information return with the IRS must obtain your
correct taxpayer identification number (TIN) to report, for example, income paid to
you, payments made to you in settlement of payment card and third party network
transactions, real estate transactions, mortgage interest you paid, acquisition or
abandonment of secured property, cancellation of debt, or contributions you made
to an IRA.
Use Form W-9 only if you are a U.S. person (Including a resident alien), to
provide your correct TIN to the person requesting it (the requester) and, when
applicable, to:
1. Certify that the TIN you are giving is correct (or you are waiting for a number
to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S. exempt payee. If
applicable, you are also certifying that as a U.S. person, your allocable share of
any partnership income from a U.S. trade or business is not subject to the
Date
withholding tax on foreign partners' share of effectively connected Income, and
4. Certify that FATCA code(s) entered on this form (If any) Indicating that you are
exempt from the FATCA reporting, is carrect.
Note. If you are a U.S. person and a requester gives you a form other than Form
W-9 to request your TIN, you must use the requester's form if it is substantially
similar to this Form W-9.
Definition of a U.S. person. For federal tax purposes, you are considered a U.S.
person if you are:
• An individual who is a U.S. citizen or U.S. resident alien,
• A partnership, corporation, company, or association created or crganized in the
United States or under the laws of the United States,
• An estate (other than a foreign estate), or
• A domestic trust (as defined in Regulations section 301.7701-7).
Special rules for partnerships. Partnerships that conduct a trade or business In
the United States are generally required to pay a withholding tax under section
1446 on any foreign partners' share of effectively connected taxable Income from
such business. Further, in certain cases where a Form W-9 has not been received,
the rules under section 1446 require a partnership to presume that a partner is a
foreign person, and pay the section 1446 withholding tax. Therefore, if you are a
U.S. person that is a partner in a partnership conducting a trade or business in the
United States, provide Form W-9 to the partnership to establish your U.S. status
and avold section 1446 withholding on your share of partnership income.
Cat. No. 10231X
Form W-9 (Rev. 8-2013)
P-10
Borough of Ship Bottom-, - not to exceed $44,000.00
For Calendar Year 2023 for the Borough of Ship Bottom
Non-Fair and Open Contract Contribution Prohibition Language
Required pursuant to N.J.S.A. 19:44A-8 or 19:44A-16
BOROUGH OF SHIP ВОТТОМ
Political Contribution Disclosure. This contract has been awarded to
based on the merits and abilities of
Contractor Name
Contractor Name
To provide the goods or services as described herein. This contract was not awarded through
a "fair and open process" pursuant to N.J.S.A. 19:44A-20.4 et seq. As such, the undersigned
does hereby attest that its subsidiaries, assigns or principals
Contractor Name
Controlling in excess of 10% of the company has neither made a contribution, that is
reportable pursuant to the Election Law Enforcement Commission pursuant to N.J.S.A.
19:44A-8 or 19:44A-16, in the one (1) year period preceding the award of the contract that
would, pursuant to P.L. 2004, c.19, affect its eligibility to perform this contract, nor will it
make a reportable contribution during the term of the contract to any political party
committee in the Borough of Ship Bottom/Ocean County, if a member of that political party
is serving in an elective public office of that Borough of Ship Bottom/Ocean County when the
contract is awarded, or to any candidate committee of any person serving in an elective
public office of that Borough of Ship Bottom/Ocean County when the contract is awarded.
--- Document: October 19, 2022 Garbage Spec Notice to Bidders ---
NOTICE TO ALL BIDDERS
PUBLIC NOTICE IS HEREBY GIVEN that sealed bids will be received by the Mayor and Council of the Borough of
Ship Bottom in the Municipal Clerk's Office, 1621 Long Beach Boulevard, Ship Bottom, New Jersey 08008 for the
following bids:
Solid Waste Collection & Disposal Services
Within the Borough of Ship Bottom
-- AND
Collection & Disposal of Recycling Materials
Within the Borough of Ship Bottom
OR --
Collection & Disposal Service for
Recycling Materials & Solid Waste Containers
Within the Borough of Ship Bottom
until Tuesday, December 20, 2022, at 11:00 a.m. at which time and place they will be publicly opened and read aloud in
the Municipal Court Room. Bids pursuant to this notice must be received by the Mayor and Council of the Mayor and
Council of the Borough of Ship Bottom in the Municipal Clerk's Office no later than 11:00 a.m. Tuesday, December 20,
2022. Copies of the Bid Documents and Specifications may be obtained at the Municipal Clerk's Office of the Borough
of Ship Bottom, 1621 Long Beach Boulevard, Ship Bottom, New Jersey 08008; 609-494-2171. Bid documents are
available at no charge on the Brough of Ship Bottom's municipal website www.shipbottom.org under Finance-Bids.
The Borough of Ship Bottom is seeking alternative bids for independent contracts for "Solid Waste Collection &
Disposal" and "Collection & Disposal of Recycling Materials" or a unified contract for the "Collection & Disposal
Service for Recycling Materials & Solid Waste Containers." The Borough of Ship Bottom reserves the right to select or
reject the independent contracts or the unified contract alternative in accordance with the local public contracts law.
All bids shall be submitted in a sealed envelope clearly marked with name, address, and phone number of the bidder with
the designation "Solid Waste Collection & Disposal Services" or "Collection & Disposal of Recycling Materials" or
"Collection & Disposal Service for Recycling Materials & Solid Waste Containers." Whether submitted by hand delivery
or mail, all such bids must be received in the Municipal Clerk's Office no later than Tuesday, December 20, 2022, at
11:00 a.m. Any delay caused by the US Postal or Private Delivery Service shall be the sole responsibility of the bidder.
No bids shall be accepted after the time designated. All bids shall remain sealed until the bid opening time set forth.
Bidders are required to comply with the requirements of P.L. 1975, c.127; P.L. 1977, c.33; and P.L. 1999, c.238 "The
Public Works Registration Act" if applicable.
The Minimum Wage rates, if applicable, for labor employed on these contracts shall be as specified in the "The New
Jersey Prevailing Wage Rate Determination", of the New Jersey Department of Labor and Industry.
Bidders are required to comply with the requirements N.J.S.A. 10:5-31, et seq., and N.J.A.C. 17:27-1, et seq.
Pursuant to N.J.S.A.40:11-23c.3, notice of revisions or addenda to advertisements or bid documents shall be provided by
publishing same in at least one official newspaper of the Township of general circulation published in the State no later
than five (5) days, Saturdays, Sundays, and holidays excepted, prior to the date for acceptance of bids; and also on the
municipal website www.shipbottom.org under "Finance-Bids."
The Borough of Ship Bottom shall have sixty days (60) within which to accept or reject bids. Submitted bidders shall be
required to keep their bids open for that period of time and agree that they will not withdraw or reverse their prices
therein.
The Borough of Ship Bottom reserves the right, which is understood and agreed to by all bidders, to reject any or all bids
submitted pursuant to N.J.S.A. 40A:11-13.2. Any contract award will be to the lowest responsible bidder based on the
lowest Total Bid Amount and the May and Council shall make such awards or take such action as may be in the best
interest of the Borough.
Any questions concerning the bid specifications and/or procedure should be directed to Kathleen Flanagan, or the
Municipal Clerk's Office.
Dated:
10/19/2022
Hanagon
Kathleen Flanagan, B.A., C.F.O. OPA
--- Document: Bid Spec 1 ---
Borough of Ship Bottom
Department of Finance
Purchasing Division
Ocean County
Ship Bottom, NJ
5B
Collection & Disposal of Recycling Materials
5B
WORK SPECIFICATIONS
5B.1
RECYCLABLE COLLECTION
A.
The contractor shall collect recyclable and single stream recycling materials as provided herein on
routes and schedules approved by Mayor and Council and pursuant the specifications and so that each street or property
will have collection in accordance with the specifications. These areas include all residential properties, all multi-family
condominium developments, Ship Bottom boat ramp, recreation area receptacles, curb receptacles on Long Beach
Blvd, the 25th street pavilion receptacles, street end receptacles, Public Works Yard, Municipal Building, and 3rd Street
Yard. The Contractor shall provide limited service to all commercial and professional establishments (limited to six
receptacles per establishment). In all respects, the requirements governing collection in the residential areas will apply.
The continuous performance of this service and work without any interruption is essential and a primary requirement
of this contract.
1.
The contractor is not responsible for the collection of the recycling materials located in
containers on the beaches.
B.
The successful contractor shall furnish at their expense, the necessary labor, equipment, and supplies
needed to provide proper and adequate uninterrupted collection of designated solid waste material consistent with
the various collection options presented below. All designated solid waste material collected under these various
options must be prepared and placed out for collection by the waste generator in accordance with the existing
municipal ordinance.
C.
The only requirement that the solid waste generators must comply with in order to participate in
recycling collection services, is to prepare and place out for collection any and all of their recycling material
consistent with all applicable New Jersey State and Ocean County laws and regulations and the Borough Code.
5B.2
QUANTITY OF RECYLCING WASTE MATERIAL GENERATRED
A.
Set forth in Exhibit A attached hereto are recyclable material tonnage figures for the Borough from
2017 to 2021. This data represents tonnage figures for material collected by the Borough’s recycling collection
contractor for the indicated recycling classifications for the indicated years. The tonnage figures have been obtained
from the Ocean County Southern Recycling Center Municipal Tonnage Reports.
B.
Furthermore, in addition to the provided recycling tonnage information for the Borough, the bidder
shall be aware of the following relevant facts furnished in this section and set forth in Exhibit B attached hereto.
1.
There are approximately 1877 household units located within the Borough. This number
includes, but is not limited to single family, multifamily and condominiums, both year-
round as well as seasonal/summer residences.
2.
There exists a significant seasonal population fluctuation in the Borough. Estimated
population figures are as follows:
a.
Winter (year-round) 1,156 (U.S. Census Data)
b.
Summer (seasonal) up to 10,000-20,000
C.
Recycling material includes the material designated by the Borough and Ocean County as recycling
2
material for collection and disposal. Refer to definition section of this contract and the applicable New Jersey
statutes and administrative code provisions for proper definitions and classification of waste types.
D.
The bidder shall be responsible to make their own determination as to the quantity of recycling
material to be collected. The contractor is advised that information in this section is for their information and benefit
only.
E.
Any and all recyclable material collected as a result of this contract shall be classified in accordance
with the current recycling classification system as established by the Ocean County Department of Solid Waste
Management.
5B.3
RECYCLING MATERIAL DOCUMENTATION
A.
In order to permit timely and proper verification of recycling tonnage amounts, the contractor shall
be required to submit on a monthly basis, tonnage (weight) receipts generated by the Ocean County Department of
Solid Waste Management for the disposal of all recycling material collected under the terms and conditions of this
contract.
B.
This recycling documentation shall be furnished to the following Borough office:
Kathleen Flanagan, CFO
Borough of Ship Bottom
Department of Finance
1621 Long Beach Blvd.
Ship Bottom, New Jersey 08008
C.
The contractor shall be given ten working days to provide this recycling material documentation to
the above stated Borough office.
5B.4
DISPOSAL VERIFICATION
A.
In order to permit verification of recycling tonnages, the contractor shall comply with the following
provisions:
1.
The contractor shall supply the Borough of with vehicle numbers, tag numbers, and sizes in
cubic yards of collection equipment operating in the Borough of Ship Bottom under the
scope of this contract.
2.
If any changes occur in equipment usage because of mechanical difficulty or
acquisition of new equipment, the contractor shall notify the Borough within two working
days of the number of the vehicle, the tag number and the size of the vehicle being
replaced.
3.
This procedure is subject to field verification by the contract administrator, the Code
Enforcement Official.
5B.5
COLLECTION REQUIREMENTS, HOURS, SCHEDULE, AND ROUTES
A.
Contractor shall provide for the separate collection, removal, and disposal of recyclable materials
from the curb line from all residences, including the multi-family condominium development dumpsters, as well as
limited service from all commercial establishments one time per week collection schedule from May 1st through
September 30th and one time per every other week collection schedule from October 1st through April 30th.
Containers at the end of each street, along Long Beach Blvd, at the 25th street Pavilion, the Borough Boat Ramp,
recreation areas, Municipal Building, Public Works Yard, and 3rd Street shall be serviced one time per week from
October 1st through April 30th, two times per week from May 1st through September 30th.
1.
The contractor shall be required to collect all recycling material placed out for collection
from residential, commercial, and professional properties pursuant to the specifications.
3
2.
The contractor is responsible for collecting all recycling material prepared and placed out
for collection in such a manner that it is consistent and adheres to various solid waste and
recycling laws, which regulate and control solid waste and recycling material. Such
applicable laws and regulations include, but are not limited to, the following: New Jersey
Solid Waste Management Act; Ocean County Municipal Utilities Authority current terms
& conditions for use of the Solid Waste Facilities; and Ocean County Solid Waste
Management Plan
B.
The Contractor shall report to the Contract Administrator, within one hour of the start of the
collection day, all cases in which severe weather conditions preclude collection. In the event of severe weather, the
Contractor shall collect solid waste no later than the next regularly scheduled collection day. In those cases where
collection is scheduled on a twice collection per week basis, that collection will be made as soon as possible, but in
no event later than the next scheduled collection day.
C.
The Borough reserves the right to make needed adjustments or changes to the designated schedule
based upon relevant factors to be evaluated by the Borough.
D.
Routes and schedules shall be subject to the approval of the contractor administrator or the Code
Enforcement Official or their duly authorized designee.
E.
All collection services shall be performed on all designated days no earlier than 5:30 A.M. and no
later than 8:00 P.M., except in the case of an emergency. Collection will start with all public area facilities before
residential collections are begun. Absolutely no recycling material collection of residential or commercial locations
shall be allowed or permitted on Sunday without the express written permission of the Borough.
F.
The contractor will not experience any additional or increased frequency of collection as a result of
any collection schedule or route changes mandated by the Borough. The contractor shall not receive any additional
financial consideration for adjustments or changes in the designated recycling material collection schedule. Adequate
and sufficient notice shall be provided by the Borough to the contractor prior to any adjustments or changes to the
existing solid waste collection schedule.
1.
For only this item of the contract, and, except in the event of an emergency as determined
by the Borough, adequate and sufficient notice shall consist of no less than thirty calendar
days from receipt of written notification from the Borough stating the adjustment or the
change to the collection schedule that will take place.
G.
The Borough shall be responsible for the administration and payment of all advertising of the
changes in the collection schedule as defined in these bid specifications.
H.
Weight slips for each recyclable load delivered to the recycling facility will be sent by the
Contractor to the contractor administrator.
5B.6
RECYCLING CONTAINERS OR RECEPTACLES
A.
The resident or business shall put their single stream recyclables out in suitable containers or
receptacles. A suitable or acceptable container can be of any color. A suitable or acceptable recycling material
container or receptacle is defined as a durable, weather resistant container. Also accepted are biodegradable paper
bags, which are designed and sold for this purpose.
B.
Containers or receptacles, when emptied by the contractor, shall be placed in the upright position as
not to impede traffic or pedestrian flow and at no time shall they be left in the street. The contractor shall place trash
containers back in their respective corrals, where applicable, and along wither their respective lids. At all times,
while performing the work associated with this contract, the contractor shall exercise due care when handling
containers or receptacles.
C.
At no time, shall recycling material containers or receptacles be thrown, kicked, punched, or
4
otherwise mistreated or mishandled in such a fashion as to inflict damage to the containers or receptacle.
D.
At all times, while performing the work associated with this contract, the contractor shall exercise
due care when handling recycling material containers or receptacles. Recycling containers shall be placed back to the
curb and never left in the roadway. Recycling containers shall be neatly placed back in their respective corals along
with their respective lids.
E.
All recycling material containers or receptacles must have placed in a highly visible location an
appropriate Borough or Ocean County issued recycling sticker or label. This sticker or label is issued by the Borough
free of charge. If desired, the contractor will be furnished with an ample supply of Borough issued recycling sticker
or labels free of charge.
F.
The contractor shall collect, transport, and dispose of all residential and commercial recycling
material and items properly placed out for collection along the curbs and corrals. In some condominium locations
access may be off the road into parking areas and/or private entrances.
G.
Commercial property pick-ups based on the residential regular scheduled collections days. Any
additional pick-ups will be at the businesses expense.
5B.7
DISPOSAL LOCATION
A.
The Contractor shall be responsible for complying with all appropriate laws, regulations, and rules
with respect to collecting, loading, transporting, and unloading of trash and garbage in a safe and timely fashion,
consistent with all Federal, State, County and Local Agencies, Authorities, and Commissions.
B.
The Contractor shall be required to transport and unload all recycling material in a proper and safe
fashion, at the approved site, as designated and shall comply with all customer advisories issued by the Southern
Recycling Center.
C.
The Contractor shall comply with all customer advisories issued by the Ocean County Municipal
Utilities Authority during the duration of this contract.
D.
The contractor shall be required to transport and unload all solid waste material in an appropriate
and safe fashion at the approved site.
E.
The Contractor shall understand that at all times all recycling collected under the terms and
conditions of this contract, shall be the exclusive property of the Borough, and, as such, the Borough shall be able to
determine and direct where this recycling material can be disposed of as long as the disposal location/facility is in
accordance with the applicable regulations.
F.
All solid recycling collected within the Borough shall be disposed of in accordance with the
applicable regulations. For the term of this contract, all waste collected pursuant to the terms of the contract shall be
disposed of at the following authorized Solid Waste Disposal Facilities: the Southern Recycling Center located at
379 Haywood Road, Manahawkin, New Jersey 08050.
1.
The Borough reserves the right to designate another disposal facility in accordance with the
Ocean County Solid Waste Management plan and/or waste flow orders in the event that the
designated disposal facility is unable to accept the waste. The Borough will assume all
additional cost or benefits that are associated with such designation in accordance with
Paragraph 5.3 the specifications.
5B.8
SPILLAGE/LEAKAGE OF RECYCLING MATERIAL
A.
The contractor shall be responsible to promptly clean up any and all spillage (liquid or solid) that
may occur, and each truck shall be equipped with a broom and a shovel.
5
B.
Any and all spillage/leakage shall be dealt with in accordance with applicable Federal, State, and
Local Laws and regulations. Responsibility of notification of any and all governmental entities regarding details of
reportable accidents or incidents shall rest exclusively with the contractor.
6
Exhibit A
Recycling Material Tonnage
for the Borough of Ship Bottom, Ocean County, NJ
Year
Single Stream
2017 1,270.29
2018 1,361.26
2019 1,391.15
2020 1,578.38
2021 1,481.31
Note: The yearly tonnage figures have been obtained from the Ocean County Municipal Utilities Authority daily
Municipal Tonnage Receipts.
Annual Yard Waste Tonnage for the Borough of Ship Bottom, Ocean Borough, NJ
Year
Tonnages
2018
50.95 Tons
2019
8.16
Tons
2020
24.22 Tons
2021
10.84 Tons
7
Exhibit B
Borough of Ship Bottom
Department of Administration
Purchasing Division
Ocean County
Ocean Borough, NJ
2022 Municipal Data
Residential Sources
Total
Single Family
1,569 Units
Multifamily
275
Units
Apartment/Condominiums
30
Buildings
Motels/Hotels
3
Units
Total
1,877 Units
Commercial Sources
139 (Estimated)
Institutional Sources
N/A
Municipal Sources
Municipal Buildings
3
Units
Litter Containers
107
Units
Total
110
Units
Population Seasonal:
Summer Population
10,000-20,000
Off-Season Population 1,156
Area:
One (1) Square Mile
Total Road Miles: 20.15 Miles
--- Document: Bid Spec 2 ---
Borough of Ship Bottom, NJ
Borough Contract #23-05, Collection
& Disposal
Department of Finance – Purchasing Division
Services for Solid Waste & Recycling
Materials
(Revised: 6/15/22)
Borough of Ship Bottom
Department of Finance
Purchasing Division
Ocean County
Ship Bottom, NJ
5C
Collection & Disposal Service for
Recycling Material & Solid Waste Containers
5C.1
SPECTIFCIATIONS
The specifications and terms for the unified bid for collection of both collection and disposal service for
recycling material and solid waste are set forth in 5A and 5B, which are govern and incorporated by reference
herein. The contractor shall be subject to and governed by all bid specifications.
--- Document: Bid Spec 4 ---
BOROUGH OF SHIP BOTTOM
Collection and Disposal of Solid Waste and Recyclable Materials Alternative Contract Options within the
Borough of Ship Bottom
BID DOCUMENT CHECKLIST
Required
(X)
Submission Requirements
Initial each
required (x)
entry submitted
x
Americans with Disabilities Act Notice
x
Non-Collusion Affidavit
x
Acknowledgement of Receipt of Addenda (if applicable)
x
New Jersey Business Registration
x
Affirmative Action Notice to Contractors
x
Mandatory Affirmative Action Language acknowledgment
x
Statement of Corporate Ownership Certification; N.J.S.A. 52:25-24.2
x
Authorized Business Agent
x
Disclosure of Investment Activities in Iran
x
Bid Guaranty; N.J.S.A. 40A:11-21
x
Consent of Surety
x
Certificate of Public Convenience
x
Prevailing Wage acknowledgement
x
Statement: Qualification and Experience Questionnaire
x
Certificate of Insurance (upon award)
x
Performance Bond (upon award)
x
Vehicle Dedication Affidavit
x
Agreement Document (upon award)
x
Affirmative Action Affidavit
x
Certificate of Bidder showing that bidder owns, leases or controls
any necessary equipment
x
W-9
x
Surety Disclosure Statement
Signature: The undersigned hereby acknowledges the review, execution, and submission the above listed
requirements.
Name of Bidder (company):
__________________________________________________________________________________________
By Authorized Agent/Representative:
__________________________________________________________________________________________
Signature:
__________________________________________________________________________________________
Print Name and Title:
Dated: __________________
Contact phone number:
__________________________________________________________________________________________
Email address:
__________________________________________________________________________________________
BOROUGH OF SHIP BOTTOM
UNIFORM BID SPECIFICATIONS
Solid Waste Collection & Disposal Services
Within the Borough of Ship Bottom
-- OR --
Collection & Disposal of Recycling Materials
Within the Borough of Ship Bottom
-- OR --
Collection & Disposal Service for
Recycling Materials & Solid Waste Containers
Within the Borough of Ship Bottom
Invitation to Bid
Bid Document Submission Checklist
TABLE OF CONTENTS
1.
INSTRUCTIONS TO BIDDERS
1.1
The bid
1.2
Changes to the bid specifications
1.3
Bid Submission, Opening, Duration
1.4
Documents to be submitted
2.
DEFINITIONS
3.
BID SUBMISSION REQUIREMENTS
3.1
Bid proposal
3.2
Bid guarantees
3.3
Exceptions to the bid specifications
3.4
Brand Name or Equivalent
3.5
Compliance
3.6
Conflict of Interest and Non-Collusion
3.7
No assignment of bid
4.
AWARD OF CONTRACT
4.1
Generally
4.2
Notice of Award and Execution of Contract
4.3
Responsible bidder
4.4
Performance bond
4.5
Affirmative action requirements
4.6
Vehicle dedication affidavit
4.7
Errors in price calculation
5.
WORK SPECIFICATIONS AND ALTERNATIVE OPTIONS
5.1
Waste and Recycling Collections
5.2
Containers
5.3
Waste and Recycling Disposal
5.4
Vehicles and Equipment
5.5
Name on Vehicles
5.6
Telephone Facilities and Equipment
5.7
Failure to Collect
5.8
Complaints
5.9
Solicitation of Gratuities
5.10
Invoice and Payment Procedure
5.11
Competence of Employees
5.12
Supervision of Employees
5.13
Insurance Requirements
5.14
Indemnification
5.15
Liquidated Damages and Performance
5.16
Breach of Contract
5.17
Additional General Terms and Conditions
6.
BID DOCUMENTS AND AGREEMENT
6.1
Agreement
6.2
Certificate of Public Convenience
6.3
Statement of Bidders Qualification and Experience and Questionnaire
6.4
Bid Guaranty
6.5
Statement of Ownership
6.6
Authorized Business Agent
6.7
Non-Collusion Affidavit
6.8
Consent of Surety
6.9
Iranian Disclosure
6.10
Performance Bond
6.11
Security Disclosure Statement
6.12
Vehicle Dedication Affidavit
6.13
Certificate of Insurance
6.14
American with Disabilities Act
6.15
Public Works Notice and Prevailing Wage
6.16
Notice of Addenda Acknowledgment
6.17
Affirmative Action Affidavit
6.18
Equal Employment Opportunity Language
6.19
Business Registration Certificate
6.20
Bid Proposal
6.21
Bid Options and Alternatives
1
INSTRUCTIONS TO BIDDERS
1.1
THE BID
The Borough is soliciting alternate bid proposals for independent contracts for “Solid Waste Collection
& Disposal” and “Collection & Disposal of Recycling Materials” or a unified contract for the “Collection &
Disposal Service for Recycling Materials & Solid Waste Containers” for alternate periods of three and five years,
to commence on January 01, 2023, and ending on either December 31, 2025, or December 31, 2028, in accordance
with the terms of these Bid Specifications and N.J.A.C. 7:26H-6, et seq.
1.2
CHANGES TO THE BID SPECIFICATIONS
Notice of revisions or addenda to advertisements or bid documents relating to bids will, no later than five
days, Saturdays, Sundays, and holidays excepted, prior to the date for acceptance of bids, be published in the
ASBURY PARK PRESS and THE STAR LEDGER.
1.3
BID SUBMISSION, OPENING, AND DURATION
All bid proposals will be publicly opened and read by the purchasing agent at Borough Hall, 1621 Long
Beach Blvd, Ship Bottom, New Jersey, on Tuesday, December 20, 2022, at 11:00 A.M. Bids must be delivered by
hand or by mail to the Borough Clerk no later than Tuesday, December 20, 2022, at 11:00 A.M. All bid proposals
will be date and time stamped upon receipt. Bidder is solely responsible for the timely delivery of the bid proposal
and no bids shall be considered which are presented after the public call for receiving bids. Any Bid Proposal
received after the date and time specified will be returned, unopened, to the bidder. Once bid proposals have been
opened by the Borough, the pricing shall remain firm and fixed for a minimum period of sixty calendar days and/or
an additional time frame that may have been agreed upon by the bidder.
1.4
DOCUMENTS TO BE SUBMITTED
The following documents and the documents set forth and required in the Bid Document Checklist shall be
submitted by every bidder at the time and date specified in the public notice to prospective bidders:
1.
Certified photocopies of bidder's certificate of public convenience and necessity and an approval
letter issued in conformance with N.J.S.A. 13:1E-126, et seq.;
2.
Questionnaire setting forth experience and qualifications;
3.
Bid Guarantee in the form of a bid bond, certified check or cashier's check in the amount of 10%
of the total amount of the bid proposal, not to exceed $20,000; payable to the Borough;
4.
Non-collusion affidavit;
5.
Stockholder statement of ownership;
6.
Certificate of surety;
7.
Bid Proposal;
8.
Business Registration Certificate (BRC);
9.
Affirmative Action Affidavit; and
10.
Certification regarding investment activities in Iran, in accordance with N.J.S.A. 52:32-58. All of
the foregoing shall be submitted in accordance with the instructions hereinafter contained. The
division of the Bid Specifications into parts is merely for convenience and ready reference; all
parts of the Bid Specifications constitute a single document.
2.
DEFINITIONS
The following definitions, the definitions set forth throughout the specifications, and the definitions set
forth in the applicable New Jersey statutes and administrative code shall apply.
“Ashes” means the residue or products of burning of any combustible material or substance whether burned
for heating, for disposal of refuse by incineration or otherwise and shall also include soot.
"Bid proposal" means all documents, proposal forms, affidavits, certificates, statements required to be
submitted by the bidder at the time of the bid opening.
"Bid guarantee" means the bid bond, cashier's check or certified check submitted as part of the bid
proposal, payable to the contracting unit, ensuring that the successful bidder will enter into a contract.
"Bid specifications" means all documents requesting bid proposals for municipal solid waste collection
services contained herein.
“Borough” means the Borough of Ship Bottom.
“Buildings” means all buildings located in the Borough, except industrial plants and shall furnish "limited
garbage collection service" to "stores" as defined herein.
“Building and Demolition Materials” means building and demolition materials are hereby defined as the
wastes resulting from new construction or from alterations or changes to existing structures, including such as
concrete blocks, broken concrete, mortar and plaster, wire and wood lath, timbers, wood building products, leaders
and gutters, siding of all kinds, exclusive of asbestos, roofing of all kinds, and other similar nonputrescible materials.
“Bulk Refuse” means fixtures and furniture, gas ranges, refrigerators, washing machines, hot water heaters,
bathtubs, screens, storm windows, lumber and tree branches and limbs tied securely in bundles not more than four
feet in length and not weighing more than 50 pounds, and plumbing fixtures, and electrical fixtures, and other refuse
of a similar nature and kind. Tires, building and demolition material, stumps, trees, and branches are not included.
"Certificate of insurance" means a document showing that an insurance policy has been written and
includes a statement of the coverage of the policy.
"Collection site" means the location of waste containers on collection day.
"Collection source" means a generator of designated collected solid waste to whom service will be
provided under the contract.
"Consent of surety" means a contract guaranteeing that if the contract is awarded, the surety will provide a
performance bond.
"Contract" means the written agreement executed by and between the successful bidder and the governing
body and shall include the bid proposal, and the bid specifications.
"Contract administrator" is the person authorized by the contracting unit to procure and administer
contracts for solid waste and recycling collection services.
"Contracting unit" means a municipality or any board, commission, committee, authority or agency, and
which has administrative jurisdiction over any district other than a school district, project, or facility, included or
operating in whole or in part, within the territorial boundaries of any county or municipality which exercise
functions which are appropriate for the exercise by one or more units of local government, and which has statutory
power to make purchases and enter into contracts or agreements for the performance of any work or the furnishing
or hiring of any materials or supplies usually required, the costs or contract price of which is to be paid with or out
of public funds.
"Contractor" means the lowest responsible bidder to whom award of the contract shall be made.
“Curb Line” means the curb where curbing exists or to the edge of pavement if curbing does not exist, or in
the absence of pavement, to the traveled way.
“Debris” means lawn and garden debris, including hedge clippings, small bushes, shrubs, small tree
branches (not to exceed four containers or bundles for dwelling unit per collection) which must be tied securely in
bundles not more than four feet in length, which said bundles are not to weigh more than fifty pounds when placed
at the curb for collection and removal. Wallpaper, plaster, building materials (not to exceed three containers or
bundles a month from any one dwelling unit), must be properly contained or tied securely in bundles not more than
four feet in length, which bundles shall weigh not more than fifty pounds when placed at the curb for collection and
removal.
"Designated collected recyclable material" and “recycling material” means the following.
1.
Aluminum cans – empty all-aluminum beverage and food containers.
2.
Ferrous containers – empty steel or tin food or beverage containers.
3.
Glass containers – bottles and jars made of clear, green or brown glass. Expressly excluded are
non-container glass, plate glass, blue glass and porcelain and ceramic products.
4.
Newspapers – paper of the type commonly referred to as “newsprint” and distributed at fixed
intervals, having printed thereon, news and other matters of public interest. Expressly excluded,
however, are newspapers which have been soiled. Newspapers shall be deemed soiled if they
have been exposed to substances or conditions rendering them unusable for recycling.
5.
Carboard – boxes, cartons and containers made of thin, stiff pasteboard made of paper pulp.
6. Such other recyclable materials as may be designated by the County of Ocean.
"Designated collected solid waste" and “solid waste” means solid waste garbage, rubbish, debris, and bulk
refuse. Solid waste shall not consist of recyclable materials, hazardous waste, or solid animal and vegetable wastes
collected by swine producers licensed by the State Department of Agriculture to collect, prepare, and feed such
waste to swine on their own farms.
"Disposal facility" means those sites designated in the Ocean County Solid Waste Management Plan for
use by the Borough.
"Governing body" means the governing body of the municipality, when the contract or agreement is to be
entered into by, or on behalf of a, municipality as further defined at N.J.S.A. 40A:11-2.
“Hazardous Waste” means any solid waste or combination of solid waste including toxic, corrosive,
irritating, sensitizing, radioactive, biologically infectious, explosive, or flammable solid waste which poses a present
or potential threat to human health, living organisms, or the environment, provided that the solid waste is hazardous
in accordance with the standards and procedures set forth in N.J.A.C. 7:26-8.
"Holiday" means a regularly scheduled collection day on which the authorized Disposal Facilities are
closed.
“Infectious Waste” means any single-use article, body organ or part, animal carcass or other item requiring
disposal, which result from or were in contact with persons or animals suspected or diagnosed as being or having
been exposed to contagious disease organisms. These wastes must be handled separately from other refuse to
prevent the transmission of communicable disease.
"Legal newspaper" means the Asbury Park Press and the Beach Haven Times.
“Litter” is all refuse as deposited in the litter receptacles.
"Proposal forms" mean those forms that must be used by all bidders to set forth the prices for services to
be provided under the contract.
“Route” means the path followed by a given truck or trucks when collecting refuse and recyclables.
“Recycling Coordinator” means the Recycling Coordinator of the Borough, the duly authorized
representative of the governing body, who shall be responsible for the implementation of this contract in all respects
except where there is any question relating to the authority or actions of the said Recycling Coordinator which shall
be finally determined by the governing body.
"Service Area" means the geographic area described below. The service area is the entirety of the
Borough.
“Stores” means any place of business in which goods or merchandise are bought or sold, whether or not a
service is rendered and shall also include restaurants open to the public, and any other commercial or professional
establishments.
“Streets” means all public highways, avenues, lanes, alleys, service roads and places within the limits of the
Borough, which are accessible to a standard refuse collection vehicle.
"Surety" means a company that is duly certified to do business in the State of New Jersey and that is
qualified to issue bonds in the amount and of the type and character required by these specifications.
“Work” means any and all obligations, duties and responsibilities necessary to the successful completion of
the project under the Contract Documents, including the furnishing of all labor, materials, equipment, and other
incidentals.
3.
BID SUBMISSION REQUIREMENTS
3.1
BID PROPOSAL
A. Each document in the bid proposal must be properly completed in accordance with N.J.A.C.
7:26H-6.5. No bidder shall submit the requested information on any form other than those provided in these bid
specifications.
B.
Bid proposals shall be hand delivered or mailed in a sealed envelope, and the name and address of
the bidder and the name of the bid as set forth in the Public Advertisement for Bids must be written clearly on the
outside of the sealed envelope. No bid proposal will be accepted past the date and time specified by the Borough
in the advertisement for bids.
C.
Each bidder shall sign, where applicable, all bid submissions as follows:
1.
For a corporation, by a principal executive officer;
2.
For a partnership or sole proprietorship, by a general partner or the proprietor
respectively; or
3.
A duly authorized representative if:
a.
The authorization is made in writing by a person described in sections 1 and 2
above; and
b.
The authorization specifies either an individual or a position having responsibility
for the overall operation of the business.
D.
The bid proposal contains alternate and option bids. The Borough may, at its discretion, award the
contract to the bidder whose aggregate bid price for the chosen option, or any combination of options is the lowest
responsible bidder; provided, however, the Borough shall not award the contract based on the bid price for separate
options.
E.
Any bid proposal that does not comply with the requirements of the bid specifications and
N.J.A.C. 7:26H-6.1, et seq., shall be rejected as non-responsive.
3.2
BID GUARANTEES
A.
A bid guarantee in the form of a bid bond, cashier's check or certified check, made payable to the
Borough in the amount of 10% of the highest aggregate four years and seven months bid submitted, not to exceed
twenty thousand dollars ($20,000) must accompany each bid proposal. In the event the bidder to whom the
contract is awarded fails to enter into the contract in the manner and within the time required, the award to the
bidder shall be rescinded and the bid guaranty shall become the property of the Borough. A bid bond must be
issued by a surety authorized to do business in the State of New Jersey and accompanied by (a) appropriate
acknowledgments of the respective parties, (b) appropriate duly certified copy of Power of Attorney or other
certificate of authority where bond is executed by agent, officer, or other representative of Principal or Surety, (c) a
duly certified extract from by-laws or resolutions of Surety under which Power of Attorney or other certificate of
authority of its agent, officer or representative was issued and (d) duly certified copy of latest published financial
statement of assets and liabilities of Surety.
3.3
EXCEPTIONS TO THE BID SPECIFICATIONS
Any conditions, limitations, provisos, amendments, or other changes attached or added by the bidder to
any of the provisions of these bid specifications or any changes made by the bidder on the proposal forms shall
result in the rejection of the bid proposal by the Mayor and Council.
3.4
BRAND NAME OR EQUALIVENT SUBSTITUTIONS
Whenever the work specifications identify a brand name, trade name, or a manufacturer's name, this
designation is used for classification or descriptive purposes only, and the bidder may substitute an equal product,
subject to the approval of the Mayor and Council.
3.5
COMPLIANCE
The bidder shall be familiar with and comply with all applicable local, state, and federal laws and
regulations in the submission of the bid proposal, and, if the bidder is awarded the contract, in the performance of
the contract, including, but not limited to, provision of the successful bidder's Business Registration Certificate
issued by the New Jersey Division of Revenue prior to the time a contract, purchase order, or other contracting
document is awarded or authorized in accordance with N.J.S.A. 52:32–44(b).
3.6
CONFLICT OF INTEREST AND NON-COLLUSION
Each bidder must execute and submit as part of the bid proposal a "Non-Collusion Affidavit" which at a
minimum shall attest that:
A.
The bidder has not entered into any agreement or participated in any collusion with any other
person, corporate entity or government entity, or competitive bidding either alone or with any other person,
corporate entity or government entity in connection with the above-named project;
B.
All statements made in the bid proposal are true and correct and made with the full knowledge
that the contracting unit relies upon the truth of those statements in awarding the contract; and
C.
No person or business is employed to solicit or secure the contract in exchange for a commission,
percentage brokerage agreement or contingency fee unless such person possesses a Certificate of Public
Convenience and Necessity and a License issued pursuant to N.J.A.C. 7:26-16, et seq.
3.7
NO ASSIGNMENT OF BID
The bidder may not assign, sell, transfer, or otherwise dispose of the bid or any portion thereof or any right
or interest therein. This section is not intended to limit the ability of the successful bidder to assign or otherwise
dispose of its duties and obligations under the contract provided that the Borough agrees to the assignment or other
disposition. No such assignment of disposition shall become effective without the written approval of the New
Jersey Department of Environmental Protection.
4.
AWARD OF CONTRACT
4.1
GENERALLY
A.
The Borough shall award the contract or reject all bids within the time specified in the invitation
to bid, but in no case more than sixty days, except that the bids of any bidders who consent thereto may, at the
request of the contracting unit, be held for consideration for such longer period as may be agreed. All bidders will
be notified of the Borough’s decision, in writing, by certified mail.
B.
The contract will be awarded to the bidder whose aggregate bid price for the selected option or
options is the lowest responsible bid.
C.
The Borough reserves the right to reject any bid not prepared and submitted in accordance with
the provisions hereof, and to reject any or all bids. In the event the Borough rejects all bids, the Borough shall
publish a notice of re-bid no later than ten days, Saturdays, Sundays, and holidays excepted, prior to the date for
acceptance of bids.
4.2
NOTICE OF AWARD AND EXECUTION OF CONTRACT
Within fourteen calendar days of the award of the contract, the Borough shall notify the successful bidder
in writing, at the address set forth in the bid proposal and such notice shall specify the place and time for delivery
of the executed contract, the performance bond, the vehicle dedication affidavit and the appropriate affirmative
action documentation. Failure to deliver the aforementioned documents as specified in the notice of award shall be
cause for the Borough to declare the Contractor non-responsive and to award the contract to the next lowest bidder.
4.3
RESPONSIBLE BIDDER
The Borough shall determine whether a bidder is "responsible" in accordance with N.J.S.A. 40A:11-2 and
-6.1 and N.J.A.C. 7:26H-6.8. The bid proposal of any bidder that is deemed not to be "responsible" shall be
rejected.
4.4
PERFORMANCE BOND
A.
For the terms of the contract, the successful bidder shall provide a performance bond issued by a
Surety authorized to transact business in the State of New Jersey in an amount equal to no more than 100% of the
annual value of the contract. The successful bidder shall provide said performance bond prior to or concurrent with
the delivery of the executed contract. The performance bond for each succeeding year shall be delivered to the
Borough with proof of full payment of the premium one-hundred and twenty days prior to the expiration of the
current bond.
B.
Failure to deliver a performance bond for any year of a multi-year, contract one-hundred and
twenty days prior to the termination of the current bond will constitute a breach of contract and will entitle the
Borough to terminate the contract upon the expiration of the current bond. Notwithstanding termination pursuant
to this section, the Contractor is obligated to fully perform through the date of termination of the contract and
damages shall be assessed in an amount to the costs incurred by the Borough in re-bidding the contract.
4.5
AFFIRMATIVE ACTION REQUIREMENTS
A.
If awarded a contract, the successful bidder will be required to comply with the requirements of
N.J.S.A. 10:5-31, et seq., and N.J.A.C. 17:27, et seq.
B.
Within seven days after receipt of notification of the Mayor and Council’s intent to award any
contract the Contractor must submit one of the following to the contracting unit:
1.
If the Contractor has a federal affirmative action plan approval which consists of a valid
letter from the Office of Federal Contract Compliance Programs, the Contractor should
submit a photocopy of its letter of approval.
2.
If the Contractor has a certificate of employee information report, the Contractor shall
submit a photocopy of the certificate.
3.
If the Contractor has none of the above, the contracting unit shall provide the Contractor
with an (A.A.302) affirmative action employee information report.
C.
If the Contractor does not submit the affirmative action document within the required time period
the Borough may extend the deadline by a maximum of the fourteen calendar days. Failure to submit the
affirmative action document by the fourteenth calendar day shall be cause for the Borough to declare the
Contractor to be non-responsive and to award the contract to the next lowest bidder.
4.6
VEHICLE DEDICATION AFFIDAVIT
The Contractor shall execute and submit at the time and place specified in the award notice a vehicle
dedication affidavit which at a minimum shall attest that: The successful bidder will dedicate a fixed number of
vehicles, reasonably calculated to meet the requirements of these bid specifications; or to the extent that dedication
of a fixed number of vehicles is not feasible, the Contractor shall covenant that the Borough will only be
accountable for its proportional share of the waste contained in the collection vehicle and shall be assessed charges
based only on its share of the waste at the time of disposal.
4.7
ERRORS IN PRICE CALCULATION
Any discrepancy between a numerical price and a price written in words shall be resolved in favor of the
price as written in words. Any discrepancy between the unit price multiplied by the quantity and a corresponding
total price figure set forth in the proposal forms(s) shall be resolved in favor of a total price reached by multiplying
the unit price by the quantity. The corrected total shall be used to determine the award of the contract. After all bid
proposals have been read, the bids will be tabulated and adjusted, if necessary, in accordance with this paragraph.
If any mathematical corrections must be made on any bid proposal, then the Borough may not award a contract
until all tabulations are complete.
5.
WORK SPECIFICATIONS AND ALTERNATIVE OPTIONS
Incorporated herein by reference are 5A, 5B, and 5C, the specific work specifications and scope required
by the alternative bid options. Specifically, the Borough is seeking either independent contracts for “solid waste
collection and disposal services” (5A) and the “collection and disposal of recycling materials” (5B) or a single
contract for the “collection and disposal services for recycling materials and solid waste containers” (5C). In the
event there are any conflict between the specifications set forth herein and 5A, 5B, and/or 5C, the terms of the 5A,
5B, and/or 5C shall control, except terms more favorable to the Borough and more inclusive to additional required
services required by the Contractor shall control in all circumstances. Except that in the event separate Contractors
are awarded the solid waste (5A) and recycling (5B) contracts, in which case the provisions that specifically apply
to solid waste collection shall not apply to the collection of recyclable materials and vice versa.
5.1.
WASTE AND RECYCLABLE COLLECTION
A.
The Contractor shall collect garbage, rubbish, debris, and bulk refuse and recyclable materials on
routes and schedules set forth in the specifications and approved by Mayor and Council, so that each street or
property will have collection in accordance with the specifications. These areas include all residential properties,
all multi-family condominium developments, the Borough boat ramp, recreation area receptacles, curb receptacles
on Long Beach Blvd, the 25th Street pavilion receptacles, and street end receptacles and litter receptacles, as well as
the Public Works Yard, Municipal Building, and 3rd Street yard recycling containers and containers/dumpsters for
solid waste (the three six-yard containers/dumpsters to be provided by the Contractor without additional cost at
Public Works, Municipal Building, and 3rd Street yard) – the 3rd Street dumpsters will change to 6th Street at some
point during the term of the contract. During the months of July and August, the Contractor will not be required to
collect bulk refuse. The Contractor shall provide limited service to all commercial and professional establishments
(limited to six receptacles per establishment). The continuous performance of this service and work without any
interruption is essential and a primary requirement of this contract.
B.
The Contractor shall use every precaution to prevent any materials from being spilled in or on any
premises, including any portion of a building, private property, or public street during collections. Any materials so
spilled shall be immediately swept up and the premises, building, and streets left in a clean condition. No ashes,
garbage, rubbish, or refuse shall be left by the Contractor in the traveled way or on the sidewalk or curbs or along
the route from the place of receptacle placement to collection vehicle. If any garbage, ashes, rubbish, or refuse fall
from a vehicle or receptacle, either during collection or transportation, such articles shall be immediately gathered
and replaced in the vehicle and the place of collection rendered clean. Failure to do so will be considered a violation
of the specifications and the Contractor shall pay the amount of liquidated damages hereinafter specified. The
Contractor shall not permanently garage any of its vehicles within the Borough, nor will it maintain any type of
garbage transfer station within the Borough.
C.
All collections shall contain garbage or recyclable materials generated within the Borough
exclusively and the Contractor shall not add any garbage or recyclable material to the Borough collections which are
outside of the scope of this Contract.
D.
No additional compensation will be made to the Contractor for use of any additional equipment or
work necessary to complete the pickup of bulk refuse. All costs for the above services shall be included in the bid
proposal for garbage and refuse collection.
E.
In the event the disposal of solid wastes generated in the Borough, which are included in the service
plan awarded, are unacceptable at the Ocean County Landfill site, the Contractor will dispose of the unacceptable
materials at an alternate site.
F.
The submission of a bid shall be deemed conclusive evidence that the bidder has made a tour of the
entire Borough and shall constitute a waiver by the bidder of all claims of error in bid, withdrawal of bid payment of
extras, or combination thereof, under the executed contract or any revision thereof.
G.
The Contractor is fully responsible for any public or private property damage that occurs as a result
of the performance of this contract. This includes property damage caused by recycling collection vehicles.
5.2
CONTAINERS
A.
All garbage, ashes, refuse, and recyclables shall be collected from receptacles placed by the
building occupant(s) at the curb in front of each house or other building within the Borough, in amounts not to
exceed six thirty-two-gallon cans and four bulk items per collection. Municipal receptacles may be in amounts not
to exceed fifty-five-gallon barrels and drums. Multi-family Condominium Developments may utilize dumpsters.
B.
All receptacles shall be promptly replaced in an upright position out of the traveled way and shall
not be placed on the sidewalk after being emptied.
C.
Employees of the Contractor shall be instructed to notify residents directly of any cans, barrels, or
other receptacles, which are no longer satisfactory containers for the deposit of refuse.
D.
The substances being collected shall be transferred from the receptacles at the pickup site to the
Contractor's vehicle(s) without unnecessary delay or exposure and without spillage. Every vehicle shall have
assigned to it at least one agent or employee of the Contractor who is fluent with the English language.
5.3
SOLID WASTE AND RECYLING DISPOSAL
A.
All solid waste and recyclables collected within the Borough shall be disposed of in accordance
with the Ocean County Solid Waste Management Plan. For the term of this contract, all waste collected pursuant to
the terms of the contract shall be disposed of at the Ocean County Landfill in Manchester, New Jersey. All
recyclables will be disposed of at the Ocean County Recycling Facility in Manahawkin, New Jersey.
B.
The Borough reserves the right to designate another disposal facility (or, if applicable, disposal
facilities) in accordance with the Ocean County Solid Waste Management Plan and/or any waste flow orders or in
the event the designated Disposal Facility is unable to accept waste. The Borough will assume all additional costs or
benefits that are associated with the Borough exercise of its right to designate another disposal facility. The party
seeking an adjustment shall notify, in writing, the other party. A committee comprised of designated members of the
governing body and their legal representative shall negotiate with the Contractor and his legal representative, a
mutually acceptable adjustment to the contract price. In the event of any dispute, the Contractor shall be obligated
to continue performance pursuant to the terms of the contract. The Contractor is advised to familiarize himself with
all requirements, rules and regulations of the Ocean County Landfill, Inc., Manchester, New Jersey and the Ocean
County Recycling Facility in Manahawkin, New Jersey.
5.4
VEHICLES AND EQUIPMENT
A.
All vehicles shall be registered with, and conform to the requirements of the New Jersey
Department of Environmental Protection, in accordance with N.J.A.C. 7:26-3.1, et seq.
B.
For all garbage collections, all collection trucks shall be compaction types, completely enclosed
and watertight. Subject to the prior approval of the contract administrator and Code Enforcement Official, the
Contractor may employ equipment other than compaction type vehicles on streets whose width precludes the
use of such vehicles. For all recyclable collections, all collection trucks shall be completely enclosed and
watertight. The Contractor shall specify whether the vehicles are side, front, or rear loading.
C.
All vehicles shall be maintained in good working order and shall be constructed, used, and
maintained so as to reduce unnecessary noise, spillage, and odor. The contract administrator shall have the right
to inspect all vehicles, at any time, during the term of this contract, and the Contractor shall comply with all
reasonable requests relative to the maintenance and repair of said vehicles and other equipment used in the
execution of the Contract. All vehicles shall be equipped with a broom and shovel. All vehicles shall be suitably
painted and shall be kept in a constant state of cleanliness, shall be disinfected once a week, and free of any
obnoxious odors or smells. shall be disinfected once a week. The Contractor shall not permit any such vehicle at
any time to become offensive either through odor, appearance, or for any other reason.
D. The contract administrator may order any of the Contractor's vehicles used in performance of the
contract out of service if the vehicle is not maintained in accordance with the requirements of these Work
Specifications. In such event, the Contractor shall replace such vehicle, at its sole cost and expense, with a
conforming vehicle satisfactory to the contract administrator.
E.
The Contractor shall submit an itemized equipment with the following information on all vehicles
and equipment used in the execution of this contract: model year; make or manufacturer; model & model
number, if applicable; state license plate number; OCMUA Solid Waste decal number; New Jersey D.O.T. decal
number; cubic size of solid waste capacity; Contractor’s vehicle identification. The Contractor shall not
substitute vehicles/equipment except in an emergency where designated vehicles and/or equipment is
unavailable and/or under repair.
1.
The Contractor shall notify the Borough, in writing, providing previously stated
information upon the acquisition of new/substitute vehicle/equipment to their fleet.
Such notification shall be furnished within two working days upon receipt of the
vehicle/equipment, with notation of date vehicle placed in service.
F.
The Contractor shall have a sufficient number of trucks at all times during the term of the contract
to properly perform the basic collection and disposal service, and, in addition, shall have additional trucks to
perform the work in case of repairs, painting, breakdown, and to immediately comply with complaints pertaining to
non-collection.
5.5
NAME ON VEHICLES
The name, address, and service phone number of the Contractor shall be placed clearly and distinctly on
both sides of all vehicles used in connection with the collection services.
5.6
TELEPHONE FACILITIES AND EQUIPMENT
A.
The Contractor must provide and maintain an office within reasonable proximity of the Borough
with sufficient telephone lines to receive complaints or inquiries. The Contractor shall ensure that phone service is
activated prior to the commencement of service.
B.
Telephone service shall be maintained on all collection days, between the hours of 8:00AM and
4:00PM. The Borough shall list the Contractor's telephone number in the telephone directory along with other
listings for the Borough.
5.7
FAILURE TO COLLECT
The Contractor shall report to the contract administrator, within one hour of the start of the collection day,
all cases in which severe weather conditions preclude collection. In the event of severe weather, the Contractor
shall collect solid waste no later than the next regularly scheduled collection day. In those cases where collection
is scheduled on a one collection per week basis, that collection will be made as soon as possible, but in no event
later than the next scheduled collection day.
5.8
COMPLAINTS
A.
The Contractor shall promptly and properly attend to all complaints of customers and all notices,
directives, and orders of the contract administrator and Code Enforcement Official within twenty-four hours of the
receipt of same. The Contractor shall be required to create and maintain a log of all complaints received and action
taken to remedy the complaints and send via email with the contract administrator or designee all complaints
received and the action taken to remedy the complaints at the end of each working day. The Complaint log shall be
available for inspection by the Borough.
B.
The Contractor shall have personnel available from 8:00 A.M. to 5:00 P.M., local time, on
collection days to receive telephone calls or personal visits from Borough representatives or members of the
general public relating to recycling material collecting concerns or difficulties. The Borough will anticipate that
all reasonable complaints or concerns shall be handled in a prompt, courteous and efficient manner.
C.
If deemed necessary by the Borough, the Contractor shall have a representative available to
discuss complaints and concerns at the Borough municipal building.
5.9
SOLICITATION OF GRATUITIES
The Contractor shall ensure that no agent or employee shall solicit or receive gratuities of any kind for any
of the work or services provided in connection with the contract. The Contractor shall be subject to the Liquidated
Damage clause herein contained for breach hereof.
5.10
INVOICE AND PAYMENT PROCEDURE
A.
The Contractor shall submit all invoices for collection and/or disposal services in accordance with
the requirements of this section.
1.
Within thirty days after the end of each calendar month during the term of the contract
during which the Contractor provided services as provided in these Bid Specifications, the
Contractor will submit an invoice to the Borough for the preceding calendar month (the
"Billing Month").
2.
Where the Contractor has paid the costs of disposal, the Contractor shall submit a separate
invoice to the Borough for reimbursement.
B.
The Borough shall pay all invoices within sixty days of receipt. The Borough will not be obligated
to pay a defective invoice until the defect is cured by the Contractor. The Borough shall have sixty days from the
date of receipt of the corrected invoice to make payment.
C.
Invoices shall specify the number and type of vehicle used for collection in the contracting unit,
the loads per truck, and the number of cubic yards and the tonnage of the material disposed of each day during the
billing month. The tonnage for which the Borough shall be charged shall be the difference between the weight of
the vehicle upon entering the disposal facility and the tare weight of the vehicle.
D.
The Contractor shall submit an invoice setting forth the costs (including all taxes and surcharges)
of disposal billed by or paid to the Disposal Facility. Where the Contractor has paid the costs of disposal, the
Borough shall reimburse the Contractor for the actual quantity of waste disposed of based on the monthly
submission of certified receipts from the Disposal Facility. The invoices shall specify the number and type of
vehicle used for collection in the governing body; the number of cubic yards and the tonnage of the material
disposed of each day during the billing month; and monthly receipts issued by the disposal facility showing:
1.
Amount of the invoice;
2.
Origin of the waste;
3.
Truck license plate number;
4.
Total quantity and weight of the waste; and
5.
Authorized tipping rate plus all taxes and surcharges.
5.11
COMPETENCE OF EMPLOYEES
The Contractor's employees must be competent in their work, and if any person employed shall appear
incompetent or disorderly, the Borough shall notify the Contractor and specify how the employee is incompetent or
disorderly and the Contractor shall take steps to correct and remedy the situation, including disciplinary action if
necessary. Any employee who drives or will drive a vehicle in the course of the employee's employment pursuant
to the contract must possess a valid New Jersey driver's license for the type of vehicle operated.
5.12
SUPERVISION OF EMPLOYEES
The Contractor shall employ a Superintendent or Foreman who shall have full authority to act for the
Contractor. The Contractor shall notify the Contract Administrator, in writing, that a supervisor has been
appointed. Such notification shall be given prior to beginning performance of the contract. The Contractor shall
promptly notify the Contract Administrator, in writing, of any changes.
5.13
INSURANCE REQUIREMENTS
A.
The Contractor shall take out and maintain in full force and effect at all times during the life of
this Contract insurance in conformance with the requirements of N.J.A.C. 7:26H-6.17 and the following. The
successful bidder shall provide coverage so that all insurance coverages shall be in effect no later than 12:01 A.M.,
EST at the start of the day of the contract and remain in effect for the duration of the contract, including any
extensions. Unless otherwise required by special conditions of this invitation for bid proposals, if a contract is
awarded, the bidder shall be required to purchase and maintain in full force during the life of the contract, covering
all employees engaged in the performance of the contract; Comprehensive General Liability Insurance,
Comprehensive Automobile Liability Insurance and Worker’s Compensation Insurance with limits not less than
those set forth below and pursuant to N.J.S.A. 34:15-12(a); N.J.A.C. 12:235-1.6.
1.
Worker’s Compensation Insurance – statutory coverage, including employer’s liability
coverage, 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);
N.J.A.C. 12:235-1.6.
2.
Commercial General Liability Insurance – general liability limits of $3,000,000.00 each
occurrence and $3,000,000.00 aggregate products and completed operations.
3.
Comprehensive Automotive Liability Insurance – comprehensive automobile liability
limits of $3,000,000.00 each occurrence. The automobile liability insurance shall cover
all motor vehicles used in the performance of this contract. Automobile coverage shall
include all “owned,” “non-owned,” and “hired”
automobiles used in the performance of this contract.
4.
Umbrella & Excess Umbrella Liability Insurance – umbrella & excess umbrella liability
insurance in the amount not less than $3,000,000.00 dollars, giving protection in excess of
the commercial general and comprehensive automotive liability insurances.
5.
Environmental – environmental impairment or $1,000,000.00 combined single limit
pollution exclusion clause referring back to the general liability insurance.
B.
Certificates of the Required Insurance. Upon notification by the Borough, the lowest responsible
bidder shall supply to the Contract Administrator, within five days of notification, a certificate of insurance as
proof that the insurance policies required by these specifications are in full force and effect. Such certificates shall
provide that the Borough be given at least sixty days prior written notice of any cancellation of intention not to
renew or material change in such coverage. These certificates shall be provided and on file with the Borough
Purchasing Office prior to commencing work in connection with this contract.
C.
On all insurance policies, the Borough shall be named as additional insured and insurance
certificates furnished to the Borough shall indicate that such is in effect.
D.
The providing of any insurance required herein does not relieve the bidder of any of the
responsibilities or obligations assumed by the bidder in the contract awarded or for which the bidder may be liable
by law or otherwise. Failure to provide and continue in force such insurance as required above shall be deemed a
material breach of the contract and shall operate as an immediate termination thereof.
E.
The Contractors insurance shall be considered as primary.
F.
Prior to the execution of the contract, the Contractor shall supply the Borough’s Purchasing
Manager with the appropriate and necessary certificate(s) of insurance for review and approval by Borough
personnel.
G.
As set forth in greater detail in Paragraph 5.14 (this and Paragraph 5.14 shall be read to provide
the most expansive indemnification provisions in favor of the Borough), the Bidder shall indemnify and hold
harmless the Borough of Ship Bottom/the owner from all claims, suites or actions and damages or costs of every
name and description to which the Borough of Ship Bottom/the owner may be subjected or put by reason of injury
to the person or property of another, or the property of the Borough/the owner, resulting from negligent acts or
omissions on the part of the Contractor, the Contractor’s agents, servants or subcontractors in the delivery of goods
or services, or in the performance of the work under the contract.
5.14
INDEMNIFICATION
The Contractor expressly, knowingly, and, to the fullest extent permitted by law, agrees to and shall
release, indemnify, defend, and hold harmless the Borough, its elected and appointed officials, officers,
employees, agents, volunteers, and others working on behalf of the Borough, from and against any loss,
damages, claims, causes of action, liabilities, obligations, penalties, demands, municipal mechanic’s liens filed
pursuant to N.J.S.A. 2A:44-125, et seq., and any conduct or action taken by the Borough relating to any such
lien, and any and all other costs and expenses, including attorneys’ fees and costs, threatened against, suffered,
and/or incurred by the Borough, its elected and appointed officials, officers, employees, agents, volunteers, and
others working on behalf of the Borough arising out of and/or in any manner relating to the permitted,
contracted, and/or licensed activity engaged in by Contractor in and/or relating to the Borough, and the acts,
omissions, and/or negligence of the Contractor, its officers, owners, agents, employees, independent
Contractors, guests, volunteers, others working on behalf of the Contractor. The Contractor shall be responsible
and liable for the payment of any and all of the foregoing attorney’s fees and costs to attorneys of Borough’s
selection for any investigation and review, pre-litigation, litigation, post-judgment litigation, bankruptcy
proceedings, and any and all appeals arising out of and/or relating to this Agreement. The existence of any
available and/or applicable insurance shall not waive or release Bidder from the Bidder’s obligations set forth in
this Agreement.
5.15
LIQUIDATED DAMAGES AND PERFORMANCE
A.
It shall be understood that the orderly and proper collection of recycling material as defined in
this contract is a matter of vital service and utmost importance to the Borough because of its direct impact,
which it has upon the health, and general welfare of the residents and visitors of the Borough. In addition,
inasmuch as damages and loss will be difficult or impossible to accurately assess, the Contractor shall pay to the
Borough as liquidated damages and not as a penalty, in all cases where the Borough shall elect to accept said
liquidated damages in lieu of actual damages, the following sums for the following acts.
Violation Type & General Description
Financial Fines
Failure of truck and crew to operate over and finish a regular
collection route on the route’s regular and normal collection day.
$1,000.00 per route
Failure to collect material properly placed out for collection
$250.00 per location
Repetitive failure to collect after the third failure to collect
$250.00 per continued
failure to collect in
addition to the initial
violations ($250.00
for each failure to
collection, plus an
extract $250.00 for
each third failure to
collect)
Failure to notify the Borough for non-collection
$100.00 per incident
Damaging or carrying away receptacles/containers
$100.00 per incident
Using or maintaining collection vehicles/equipment in an unsanitary,
leaking, or unsafe condition
$500.00 per offense
and possible
notification to the
NJDEP
Failure to clean up any material spilled, dropped, or drained from
$250.00 per offense
plus vehicle and
equipment expenses
and any cleanup costs
Failing to follow specific job instructions of Borough and
$100.00 per incident
at collection centers
Solicitation and/or receipt of gratuity for any work or service provided
$500.00 per incident,
plus elimination of
violating employee
from working in
Borough
Failure to correctly put containers and receptacles with
$50.00 per incident
lids back in a coral
Failure to put cans with lids back to the curb
$50.00 per incident
B.
If the Contractor fails to collect on a scheduled collection day without first securing permission
from the Borough, the prorated cost of one day’s collection shall be deducted from the monthly invoice.
C.
The Borough representative shall notify the Contractor’s appointed supervisor and/or manager
of such violations and prescribe the necessary corrective action. The Contractor shall correct all violation(s)
within one working day. If the violation remains unabated or unsatisfactorily resolved after one working day, the
Borough representative may, at their discretion, make a proper and appropriate deduction from the next payment
in accordance with the violation and liquidated damages schedule.
D.
A continuing violation of any of the above shall be considered a new violation each day. This
provision is in addition to and not in limitation of other rights of the Borough under other parts of these
specifications, including the Borough’s right to full performance by the Surety.
E.
In the event continued and repeated violations are not corrected by the Contractor after due notice
by the Borough, the Borough shall in no way relieve the Contractor of contract obligations specified herein.
Liquidated damages shall be deducted from the monthly bill. It is not the intent of the Borough to unreasonably
assess damages under this Section. The purpose is to respond to citizens’ complaints and resolve disputes over the
collection and/or disposal of solid waste and recycling.
F.
If the Contracting Unit elects to proceed under this option, nothing herein shall be interpreted as
excusing of performance by the Surety under the Performance Bond who must include such a provision in the
Performance Bond.
G.
The foregoing liquidated damage amounts represents reasonable estimates of the actual costs,
economic harm, and damages caused by the Contractor’s failure to perform the contractually required services
and the Borough’s actual cost, economic harm, and damages incurred to correct and remedy such failure of
performance by municipal employees and/or third-party Contractors and the additional fees and costs relating to
and arising out of the require additional professional services and additional attentions and labor required to be
performed by the staff. Contractor further acknowledges and agrees that the actual losses arising from the
Contractor’s breach are inherently difficult to quantify given the nature of the project, the foregoing
agreed-upon sum does not constitute an unenforceable penalty, the foregoing sum is a reasonable
measure of damages, the sum is reasonable based upon the industry, and the sum is reasonable given
the nature of the losses that may result from delays and breaches.
5.16
BREACH OF CONTRACT
A.
In the event the Contracting Unit has to perform the services set forth herein or in the event the
work to be done under these specifications and the contract to be entered into shall be abandoned or not carried on,
or if at any time the Administrator, Director of Public Works or his/her Designee shall be of the opinion and shall
report that the said work is unnecessarily or unreasonably delayed, or that said Contractor has violated any of the
conditions or covenants of these specifications, or of said contract; or is not making such collection upon scheduled
time, the Contracting Unit shall have the option, right and power to notify the said Contractor to discontinue all
work or any part thereof as the Contracting Unit may designate; and that the Contracting Unit shall thereupon have
power to hire so much equipment and to place such and so many persons on the work as it may deem advisable to
complete the work as herein described, or so much thereof as shall be necessary and to charge the expense of said
labor and material and equipment to the Contractor, and the expense so charged shall be deducted and paid by the
Contracting Unit out of such monies as may be either due or may at any time thereafter become due to the said
Contractor under the contract or any part thereof, and in case the expense is greater than the sum which would have
been payable under this contract then the said Contractor shall remit the amount of such excess to the Contracting
Unit; the surety bond or bonds herein mentioned shall be security for the said indemnification of the
Contracting Unit.
B.
If the Contracting Unit determines to proceed under this option, nothing herein shall be interpreted
to excuse the obligation of the Surety to perform its obligation under the Performance Bond in the event that the
Contracting Unit shall elect to pursue that option. This language shall be included in the Performance Bond issued
by the Surety. It is hereby stipulated and agreed that in the event of a labor strike or other emergency the Contractor
shall not forfeit his contract by reasons thereof for the duration of such strike or Act of God; provided however, that
the cost of performing the work specified in such contract to be done during such period shall be charged to the
Contractor as in the case of a default by him.
C.
The Contractor hereby agrees that in the event of such default, if the expense of carrying out the
contract shall exceed the cost of said work under the contract, the said Contractor will reimburse the Contracting
Unit for any expense over the cost of said work under the contract. Contractor agrees that any breach of Contractor
specifications shall give the Contracting Unit the right (in addition to its other rights under these specifications) to
utilize the rights reserved under this section. A strike contingency plan must be submitted at the time of the bid.
D.
Without waiver of the foregoing and cumulative to the Borough’s remedies, the following shall
also constitute a breach of contract and the remedies relating thereto.
1.
Failure to collect on an aggregate of three non-consecutive days within any twelve-month
period without valid and acceptable justification shall constitute just cause for termination
of the contract and invoking of bonding provision. The Borough shall be the sole judge in
determining valid and legitimate reasons for not collecting the scheduled route.
2.
Habitual violations of the “Violations & Liquidated Damages” Section of this contract, that
go unresolved for more than thirty days after the Borough’s representative has notified the
Contractor’s supervisor and/or manager of such habitual violations shall constitute just
cause for termination of the contract and invoking of bonding provisions.
5.17
ADDITIONAL GENERAL TERMS & CONDITIONS
A.
If for any reason the Contractor is unable to complete collections on any given day, they must
complete the collections on the following day with the prior approval of the Code Enforcement Official or their duly
authorized designee.
B.
It is not the Contractor’s responsibility to collect locations that fail to comply with the Borough
Code. However, the Contractor shall notify the Borough Code Enforcement Official within twenty-four hours of
discovery as to the location and the nature of the violation.
C.
Bidders are advised to carefully examine the specifications and all related documents describing the
proposed work in order to be able to exercise their own independent judgment with respect to the circumstances
affecting the cost of work and the degree of performance required.
D.
It shall be the responsibility of the bidder to inspect the Borough and to conduct any and all
necessary research or investigation with respect to current laws and regulations concerning recycling material so that
they will be able to exercise their own judgment with respect to all relevant factors and circumstances affecting the
cost of service in question and the volume of work needed to be performed.
E.
If adverse weather conditions exist which make recycling collection impractical or unsafe, the
Contractor shall notify the Code Enforcement Official or their duly authorized designee, so that both parties can
decide upon alternative collection plans. The Contractor shall notify the Borough by 10:00 A.M., local time, the day
in which the collection service cannot be provided due to unfavorable weather or road conditions.
F.
All designated solid waste and recycling material shall be collected from appropriate containers in
their designated locations as indicated by this set of specifications.
G.
The Contractor shall use all reasonable care, consistent with its rights to manage and control its
own operations, not to employ any person(s) or utilize any labor or to possess any equipment or permit any
condition to exist which shall or may cause or be conducive to pose any activity to be construed as a public
nuisance. The Borough retains the right to require the Contractor to halt all work activities until such conditions are
resolved.
H.
The Contractor shall immediately give notice to the Borough, to be followed by written progress
reports as shall be reasonably necessary, to advise the Borough of any and all impending or existing labor
complaints, troubles, difficulties, disputes, or controversies and the progress of these situations which in the
Contractor’s opinion may interfere with the operation of their business and thus, with the performance of this
contract. The Contractor shall use their best efforts to timely resolve any such complaints, troubles, difficulties,
disputes, or controversies.
I.
Any and all exceptions to these specifications must be clearly noted in writing and in sufficient
detail at the time of placing the bid proposal. Exceptions shall be required to be attached to the bid document, clearly
identified and labeled as “Exceptions to Specifications,” and shall be signed and dated by an authorized and
responsible representative of the bidder.
J.
The Contractor shall see to it that all employees, agents, and representatives shall conduct
themselves in a quiet, decent, professional, business like, and law-abiding manner. They shall be required to apply
themselves diligently to the performance of the required work and clean up all spilled recycling material from the
sidewalks, curbs, streets, alleys, and any other appropriate location when spilled from collection containers, trucks,
or equipment. At all times, they shall refrain from neglect, insolence, or any type of unacceptable or improper
conduct and behavior.
K.
If actual experience should prove that the Contractor requires and needs additional equipment
and/or personnel to satisfy the contract in an acceptable and professional manner, the Contractor shall furnish any
additional equipment and/or personnel at absolutely no increase in total contract cost.
L.
The Borough, by its officers, employees, and representatives, shall have the right at all times to
examine the supplies, materials, and equipment used by the Contractor, its agents and employees.
M.
Damage to private or Borough property as the result of the Contractor’s equipment or personnel
shall be reported verbally within three hours of the occurrence and then followed up within forty-eight hours in
writing to the Code Enforcement Official or their duly authorized designee. The written report shall include details
of the incident, and if applicable, shall include an official Borough of Ship Bottom Police Accident Report.
Furthermore, it is the responsibility of the Contractor to make arrangements to repair any and all damage caused by
their firm in a timely fashion. The Contractor shall restore, repair, or replace damaged items or property to the
absolute satisfaction of the Borough.
N.
In order to maintain the health, safety, and welfare of the residents of the Borough, as well as the
Borough’s infrastructure, the Contractor’s equipment shall be of appropriate size and design to safely and properly
travel the streets of the municipality. In addition, the Contractor shall be required comply with the approved weight
limits for bridges into the Borough.
O.
The Borough assumes no responsibility and no liability for cost incurred by bidders prior to the
issuance of an agreement, contract, or purchase order.
P.
In the event it becomes necessary to revise or modify any section or item of this request for bid as a
result of questions or comments addressed by bidders, a written response will be forwarded to all those vendors
receiving these specifications in the form of an addendum.
Q.
The contractor shall notify the Borough immediately of illegal dumping incidents in litter
receptacles and/or public building dumpsters.
R.
Any and all questions, comments, inquires, concerns, or request for additional information shall be
directed to the following Borough representatives:
Code Enforcement Official
Kathleen Flanagan, CFO, QPA
Borough of Ship Bottom
Borough of Ship Bottom
1621 Long Beach Blvd.
1621 Long Beach Blvd
Ship Bottom, New Jersey 08008
Ship Bottom, New Jersey 08008
Telephone #: (609) 494-2171, ext. 131
Telephone #: (609) 494-2171, ext. 120
Fax #: (609) 494-7534
Fax #: (609) 494-7534
Note: Hours of business for the Borough Code Enforcement Official are Monday through Friday, 6:00 A.M. to 3:00
P.M. local time. The Borough government observes traditional holidays recognized by public entities.
Accompanying these specifications is a listing of designated holidays for the Borough for the year. Borough
business is not conducted on these specified holidays.
__________________________________________
______________________________________
Name of Firm or Individual
Title
__________________________________________
______________________________________
Signature
Date
6.
BID DOCUMENTS AND AGREEMENT
6.1
AGREEMENT
THIS AGREEMENT (“Agreement”) made this _____ day of _____________________, 2022, between the
Borough of Ship Bottom, a municipal corporation of the State of New Jersey, having its principal offices located at
1621 Long Beach Blvd, Ship Bottom, New Jersey, hereinafter referred to as "Borough," and
________________________ having its principal place of business at ________________________________
hereinafter referred to as "Contractor.”
That for and in consideration of the sum of ______________________________ DOLLARS (the amount
of the lowest responsible bid and awarded bid amount), Contractor agrees to furnish to the Borough services in
accordance with the contract documents hereinafter set forth.
That for and in consideration of the amount payable under this Agreement by the Borough, the Contractor
agrees, at its own proper cost and expense, and with due skill and diligence, it will provide the services in
accordance with the bid documents, contract documents, and applicable law in compliance with this Agreement.
Contractor agrees to receive as full compensation the amount stated herein, namely the amount of the
lowest responsible bid and awarded bid amount, for services provided to the Borough. Contractor shall be
responsible for all loss or damage arising out of the furnishing of the services aforesaid.
To prevent all disputes and litigation, it is agreed by and between the parties that the Borough shall in all
cases determine the quantity and quality of the goods delivered and paid for under this Agreement, and as to the
interpretation of the plans and specifications.
The contract documents shall consist of the following: (i) notice to bidders; (ii) bid specifications; (iii) all
forms required by and set forth in the bid checklist, required by the Borough, and provided by the bidder; (iii)
Contractor’s proposal (as accepted); (iv) all applicable New Jersey statutes and Administrative Code regulations; (v)
this Agreement; (vi) all addenda; and (vii) the award resolution.
The parties to this Agreement agree to incorporate into this Agreement the mandatory language of
subsection 3.4(a) of the regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and
supplemented from time to time and the Contractor or Subcontractor agrees to comply fully with the terms,
provisions, and obligations of said subsection 3.4(a) provided that said subsection shall be applied subject to the
terms of subsection 3.4(d) of said regulations.
The parties to this Contract agree to incorporate into this Contract the mandatory language of section 5.3 of
the regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented and the
Contractor or Subcontractor agrees to comply fully with the terms, provisions, and obligations of said section 5.3.
The Contractor shall execute the Affirmative Action Agreement and shall submit Affirmative Action Form
AA-201 Initial Project Manning Report and Affirmative Action Form AA-202 Monthly Manning Report prior to
any payments being made under this contract.
IN WITNESS WHEREOF the parties hereto have affixed their hands and seal on the day and year first
above written.
Witness:
BOROUGH OF SHIP BOTTOM
________________________________
By:
_____________________________________________
Witness:
CONTRACTOR
___________________________________
By:
_____________________________________________
6.2
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY / A-901 APPROVAL LETTER
SOLID WASTE UTILITY REGULATIONS
Name:
________________________________________________________
Complete Address:
________________________________________________________
________________________________________________________
________________________________________________________
Telephone Number
________________________________________________________
_________________________________
Certificate Number
Date
ATTACH AN ORIGINAL COPY OF CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
TOGETHER WITH AN ORIGINAL COPY OF A-901 APPROVAL LETTER.
6.3
STATEMENT OF BIDDER'S QUALIFICATIONS, EXPERIENCE, AND FINANCIAL ABILITY
AFFIDAVIT AND QUESTIONNAIRE
STATE OF NEW JERSEY
:
SOLID WASTE AND
:
SS.:
RECYCLABLE MATERIAL
COUNTY OF ____________________ :
COLLECTION SERVICE
I, ___________________________________, am the __________________________________________
(name of affiant)
____________________________________________________________________________________________
(relationship to bidder: owner, partner, president, or other officer)
of the ___________________________________________________________________ and being duly sworn, I
(name of bidder)
depose and say as follows.
1.
All of the answers set forth in the Questionnaire are true and each question is answered on the basis
of my personal knowledge.
2.
All of the answers given in the Questionnaire are given by me for the express purpose of inducing
the Borough of Ship Bottom to award to _________________________________________________ (name of
bidder) the contract for solid waste collection and recycling services in the event said bidder is the lowest
responsible bidder on the basis of the bid proposal which is submitted herewith.
3.
I understand and agree that the Borough will rely upon the information provided in the
Questionnaire in determining the lowest, responsible bidder to be awarded to the contract.
4.
I also understand and agree that the Borough may reject the bid proposal in the event that the
answer to any of the foregoing questions is false.
5.
I do hereby authorize the Borough, or any duly authorized representative thereof, to inquire about
or to investigate the answer to any question provided in the Questionnaire, and I further authorize any person or
organization that has knowledge of the facts supplied in such statement to furnish the Borough with any information
necessary to verify the answers given.
_____________________________________
________________________
Signature
Title
Subscribed and sworn to before me this
_____ day of _________________, 20____.
___________________________________
Notary Public of
My Commission expires on ________, 20____.
Note: A partnership must give firm name and signature of all partners. A corporation must give full corporate name
and signature of official, and the corporate seal affixed.
QUESTIONNAIRE
This questionnaire must be filled out and submitted with as part of the Bid Proposal for solid waste
collection and disposal for the Borough of Ship Bottom. Failure to complete this form or to provide any of the
information required herein shall result in rejection of the Bid Proposal.
Answers should be typewritten or printed neatly in black or blue ink. Answers must be legible. Any
answer that is illegible or unreadable will be considered incomplete. If additional space is required, the bidder shall
add additional sheets and identify clearly the question being answered.
1.
How many years has the bidder been in business as a Contractor under your present name?
2.
List any other names under which the bidder, its partners or officers have conducted business in the
past five years.
3.
Has the bidder failed to perform any contract awarded to it by the Borough of Ship Bottom under
its current or any past name in the past five years? If the answer is "Yes," state when, where and why. A complete
explanation is required.
4.
Has any officer or partner of the bidder's business ever failed to perform any contract that was
awarded to him/her as an individual by the Borough of Ship Bottom in the past five years?
If the answer is "Yes," state when, where and why. A complete explanation is required.
5.
List all public entity contracts which the bidder or its partners is now performing or for which
contracts have been signed, but work not begun. Give the name of the municipality or owner, the amount of the
contract and the number of years the contract covers.
6.
List the government solid waste collection and disposal services contract that the bidder has
completed within the last five years. Give detailed answers to questions below relating to this subject.
(a)
Name of contracting unit;
(b)
Approximate population of contracting unit;
(c)
Term of contract from to;
(d)
How were materials collected?
(e)
Give location of disposal site or sites and methods used in the disposal of solid waste;
(f)
Name and telephone number of Contract Administrator or some other official in charge of
collection and disposal.
7.
State all equipment owned by and/or available to the bidder for use in collection of the waste
described in the work specifications. Include the make of each vehicle, the year of manufacture, the capacity, years
of service, present condition and the type and size of the truck bodies.
8.
Where can this equipment described above be inspected?
9.
Identify all equipment that is not presently owned or leased by the bidder that will be necessary to
perform the services in accordance with the work specifications.
10.
Describe how you will obtain such equipment if you are awarded the contract. If such equipment is
to be leased, provide the name, address and phone number of the lessor. If the equipment is to be purchased,
provide the name, address and phone number of the seller.
11.
If the equipment to be leased or purchased is not located at the address(es) given above in answer 9,
identify where the equipment can be inspected.
12.
List the name and address of three credit or bank references.
13.
Supply the most recent Annual Report, as required to be filed with the Department of
Environmental Protection, and the financial statement or balance sheet of the bidder, certified by a certified public
accountant.
14.
Additional remarks.
6.4
ATTACHED BID GUARANTY
(TO BE SUPPLIED BY BIDDER)
6.5
STATEMENT OF OWNERSHIP
N.J.S.A. 52:25-24.2 (P.L. 1977, c.33)
DISCLOSURE CERTIFICATION
This Statement Shall Be Included with Bid Submission
No corporation, partnership, limited partnership, limited liability corporation, limited liability
partnership, Subchapter S corporation or sole proprietorship shall be awarded a contract for the performance of
any work or the furnishing of any materials or supplies, unless, prior to the receipt of the bid or accompanying
the bid of said corporation, partnership, limited partnership, limited liability corporation, limited liability
partnership, Subchapter S corporation or sole proprietorship, there is submitted a statement setting forth the
names and addresses of all stockholders who own ten (10) percent or more of the stock of any class, or of all
individual partners who own a ten (10) percent or greater interest therein. If one or more such stockholder is
itself a corporation or partnership, the stockholders holding 10% or more of that corporation’s stock, or the
individual partners owning 10% or greater interest in that partnership, as the case may be, shall also be listed.
The disclosure shall be continued until names and addresses of every non-corporate stockholder and individual
partner, exceeding the 10% ownership criteria established in this act has been listed. This form shall be signed
and submitted with the bid whether or not a stockholder or partner owns less than 10% of the business
submitting the bid.
The Attorney General has concluded that the provisions of N.J.S.A. 52:25-24.2, in referring to
corporations and partnerships, are intended to apply to all forms of corporations and partnerships, including, but
not limited to, limited partnerships, limited liability corporations, limited liability partnerships, and Subchapter S
corporations.
Bidders are required to disclose whether they are a partnership, corporation, or sole proprietorship. The
Stockholder Disclosure Certification form shall be completed, signed, and notarized. Failure of the bidder to
submit the required information is cause for automatic rejection of the bid.
Continued next page…
ATTACH STOCKHOLDER STATEMENT OF OWNERSHIP
STATEMENT OF OWNERSHIP DISCLOSURE
N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43)
This statement shall be completed, certified to, and included with all bid and proposal submissions.
Failure to submit the required information is cause for automatic rejection of the bid or proposal.
Name of Organization:
______________________________________________________________________________
Organization Address:
______________________________________________________________________________
Part I Check the blank 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
Home Address (for Individuals) or Business Address
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
Home Address (for Individuals) or Business Address
Part IV Certification
I, being duly sworn upon my oath, hereby represent that the foregoing information and any attachments thereto to
the best of my knowledge are true and complete. I acknowledge: that I am authorized to execute this certification
on behalf of the bidder/proposer; that the Borough of Ship Bottom 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 Ship Bottom to notify the Borough of Ship Bottom 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 Ship Bottom to declare
any contract(s) resulting from this certification void and unenforceable.
Full Name (Print):
Title:
Signature:
Date:
6.6
CERTIFICATION
Authorized Business Agent
AUTHORITY TO SUBMIT BID ON BEHALF OF THE BUSINESS ORGANIZATION
I, _________________________________, certify that I am the ______________________________________
(name)
(title)
of the Corporation, Limited Liability Corporation, Partnership, or Sole Proprietorship and named as Principal in
the within
bid; and I certify that _______________________________________, who signed the bid on behalf of the
(name)
Principal was then the_________________________________________________ of said corporation, that I
(title)
know his or her signature and his/ her signature thereto is genuine; and that said bid was duly signed, sealed, and
attested to for and on behalf of said Business Organization by authority of the Owner(s) / Managing Member(s).
_____________________
Date
_____________________
Corporate Seal
Name: _________________________________
Signature
Name: _________________________________
Printed
Title: __________________________________
Business Organization Name:
___________________________________________________________________________
6.7
NON-COLLUSION AFFIDAVIT
STATE OF NEW JERSEY
:
SS:
COUNTY OF ________________
:
I, (Name)____________________________________, of the municipality of ___________________________
in the county of ______________________ in the State of ___________________________, of full age, being
duly sworn according to law on my oath depose and say I am (Title)_____________________________ of the
firm of (Name of Firm)____________________________________, the bidder making the Proposal for the
above-named project, and that I exercise the said Proposal with full authority so to do; 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 Ship Bottom 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 _______________________________________
___________________________________________ (Name of Contractor) (N.J.S.A. 52:34-15).
Name: _______________________________
Title____________________
Signature
Name: ________________________________
Printed
Notary
Subscribed and sworn to before me
This _________ day of _____________________, 2012
Notary: ___________________________________________
My commission expires: ______________________________
6.8
CONSENT OF SURETY
A performance bond will be required the successful Contractor on this project, and consequently, all
bidders shall submit, with their bid, a consent of surety in substantially the following form:
To:
_________________________________________________
(Owner)
Re:
_________________________________________________
(Contractor)
__________________________________________________________________________________________
(Project Description)
This is to certify that the ______________________________________________________________________
(Surety Company)
will provide to _________________________________________ a performance bond in the full amount of the
(Owner)
Awarded contract in the event that said Contractor is awarded a contract for the above project.
__________________________________________________________
(CONTRACTOR)
___________________________________________________________
(Authorized Agent of Surety Company)
Date:________________________
CONSENT OF SURETY MUST BE SIGNED BY AN AUTHORIZED AGENT OR REPRESENTATIVE
OF A SURETY COMPANY AND NOT BY THE INDIVIDUAL OR COMPANY REPRESENTATIVE
SUBMITTING THE BID.
6.9
DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
Project: _____________________________ Proposer/Bidder
Name:_________________________________________
Pursuant to Public Law 2012, c. 25, any person or entity that submits a bid or proposal or otherwise proposes to
enter into or renew a contract must complete the certification below to attest, under penalty of perjury, that the
person or entity, or one of the person or entity’s parents, subsidiaries, or affiliates, is not identified on a list
created and maintained by the New Jersey Department of the Treasury as a person or entity engaging in
investment activities in Iran. If the Director finds a person or entity to be in violation of the principles which are
the subject of this law, she/he shall take 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 person or entity.
I certify, pursuant to Public Law 2012, c. 25, that the person or entity listed above for which I am
authorized to submit a proposal:
_____ is not providing goods or services of $20,000,000 or more in the energy sector of Iran, including a
person or entity that provides oil or liquefied natural gas tankers, or products used to construct or
maintain pipelines used to transport oil or liquefied natural gas, for the energy sector of Iran.
And
_____ is not a financial institution that extends $20,000,000 or more in credit to another person or entity, for
45 days or more, if that person or entity will use the credit to provide goods or services in the energy
sector in Iran.
In the event that a person or entity is unable to make the above certification because it, or one of its
parents, subsidiaries, or affiliates has engaged in the above-referenced activities, a detailed, accurate and
precise description of the activities must be provided in Part 2 below to the New Jersey Turnpike
authority under penalty of perjury. Failure to provide such will result in the proposal being rendered as
non-responsive and appropriate penalties, fines and/or sanctions will be assessed as provided by law.
PART 2: PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN
IRAN
You must provide a detailed, accurate and precise description of the activities of the proposer/bidder, or
one of its parents, subsidiaries or affiliates, engaging in the investment activities in Iran outlined above by
completing the information below.
Name: ______________________________ Relationship to Proposer: ________________________
Description of Activities: _____________________________________________________________
Duration of Engagement: _____________________ Anticipated Cessation Date: ________________
Proposer Contact Name: _________________________ Contact Phone Number: _______________
Certification: I, being duly sworn upon my oath, hereby represent and state that the foregoing
information and any attachments thereto, 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 Borough of Ship Bottom is relying on the information contained herein and thereby
acknowledge that I am under a continuing obligation from the date of this certification through the
completion of any contracts with the Borough 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, and 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 Ship Bottom and that the Borough, at its option, may declare any
contract(s) resulting from this certification void and unenforceable.
Full Name (Print): __________________________________________________________________
Signature: ________________________________________________________________________
Title: _______________________________________________ Date: _____________________
6.10
PERFORMANCE BOND
“Know all men by these presents, that we, the undersigned as principal and as sureties, are hereby held and firmly
bound unto in the penal sum of dollars, for the payment of which well and truly to be made, we hereby jointly and
severally bind ourselves, our heirs, executors, administrators, successors and assigns.
“Signed this __________ day of _______________, 2022
“The condition of the above obligation is such that whereas, the above-named principal did on the __________ day
of _______________ 2022 enter into a contract with, which said contract is made a part of this the bond the same as
though set forth herein;
“Now, if the said ______________________________ shall well and faithfully do and perform the things agreed by
______________________________ to be done and performed according to the terms of said contract, and shall
pay all lawful claims of beneficiaries as defined by N.J.S. 2A::44-143 for labor performed or materials, provisions,
provender or other supplies or teams, fuels, oils, implements or machinery furnished, used or consumed in the
carryforward, performing or completing of said contract, we agreeing and assenting that this undertaking shall be for
the benefit of any beneficiary as defined in N.J.S. 2A:44-143 having a just claim, as well as for the oblige herein;
then this obligation shall be void; otherwise the same shall remain in full force and effect; it being expressly
understood and agreed that the liability of the surety for any and all claims hereunder shall in no event exceed the
penal amount of this obligation as herein stated. “The said surety hereby stipulates and agrees that no modification,
omissions or additions in or to the terms of the said contract or in or to the plans or specifications therefor shall in
anywise affect the obligation of said surety on its bond.”
Recovery of any claimant under the bond shall be subject to the condition and provisions of this article to the same
extent as if such conditions and provisions were fully incorporated in the form set forth above.
Signed, sealed, and dated this ____________ day of __________________ 2022
ATTEST: CONTRACTOR
____________________________________ _______________________________________
Witness Principal
____________________________________ _______________________________________
Witness Surety
NOW, THEREFORE, if the PRINCIPAL shall well, truly and faithfully perform its duties, all the undertakings,
covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions
thereof which may be granted by the OWNER, with or without notice to the SURETY and during the one year
guaranty period and if the PRINCIPAL shall satisfy all claims and demands incurred under such contract, and shall
fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure
to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in
making good any default, then this obligation shall be void, otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said security, for value received hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the
SPECIFICATIONS accompanying same shall in any way affect its obligation on this BOND, and it does hereby
waive any notice of any such change, extension of time, alteration or addition to the terms of the contract of to the
WORK or to the SPECIFICATIONS.
PROVIDED, FURTHER, that if the OWNER and the PRINCIPAL agree to arbitration, then the SURETY shall
become a party thereto and be bound by the results of the arbitration.
PROVIDED, FURTHER, that no final settlement between the OWNER and the PRINCIPAL shall abridge the right
of the other beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in ______________________________
(number)
counterparts, each one of which shall be deemed an original, this the _____ day of __________________, 2022.
ATTEST:
__________________________
By:___________________________
(SEAL)
__________________________
_______________________________
(Witness as to Principal)
(Address)
6.11
SURETY DISCLOSURE STATEMENT AND CERTIFICATION
___________________________, surety(ies) on the attached bond, hereby certify(ies) the following:
1.
The surety meets the applicable capital and surplus requirements of R.S. 17:17-6 or R.S. 17:17-7 as
of the surety's most current annual filing with the New Jersey Department of Insurance.
2.
The capital (where applicable) and surplus, as determined in accordance with the applicable laws of
this State, of the surety(ies) participating in the issuance of the attached bond is (are) in the following amount(s) as
of the calendar year ended December 31, 2022 (most recent calendar year for which capital and surplus amounts are
available), which amounts have been certified as indicated by certified public accountants (indicating separately for
each surety that surety's capital and surplus amounts, together with the name and address of the firm of certified
public accounts that shall have certified those amounts):
__________________________________________________________________
__________________________________________________________________
3.
(a)
With respect to each surety participating in the issuance of the attached bond that has
received from the United States Secretary of the Treasury a certificate of authority pursuant to 31 U.S.C. §9305, the
underwriting limitation established therein and the date as of which that limitation was effective is as follows
(indicating for each such surety that surety's underwriting limitation and the effective date thereof):
__________________________________________________________________
_________________________________________________________________
(b)
With respect to each surety participating in the issuance of the attached bond that has not
received such a certificate of authority from the United States Secretary of the Treasury, the underwriting limitation
of that surety as established pursuant to R.S. 17:18-9 as of (date on which such limitation was so established) is as
follows (indicating for each such surety that surety's underwriting limitation and the date on which that limitation
was established):
__________________________________________________________________
__________________________________________________________________
4.
The amount of the bond to which this statement and certification is attached is
$________________.
5.
If, by virtue or one or more contracts of reinsurance, the amount of the bond indicated under item
(4) above exceeds the total underwriting limitation of all sureties on the bond as set forth in items (3)(a) or (3)(b)
above, or both, then for each such contract of reinsurance:
(a)
The name and address of such reinsurer under that contract and the amount of that
reinsurer's participation in the contract is as follows:
(b)
__________________________________________________________________
__________________________________________________________________
______________________________________________________________; and
(b)
Each surety that is party to any such contract of reinsurance certifies that each reinsurer
listed under item (5)(a) satisfies the credit for reinsurance requirement established under P.L. 1993, c. 243
(C.17:51B-1 et seq.) and any applicable regulations in effect as of the date on which the bond to which this
statement and certification is attached shall have been filed with the appropriate public agency.
CERTIFICATION
(to be completed by an authorized certifying agent for each surety on the bond)
I,_____________________________________, as _________________________________,
(name of agent)
(title of agent)
for ______________________________________, a corporation/mutual insurance
(name of surety)
company/other
(indicating
type
of
business
organization
(circle
one)
domiciled
in
___________________________________,
(state of domicile)
DO HEREBY CERTIFY that, to the best of my knowledge, the foregoing statements made by me are true, and
ACKNOWLEDGE that, if any of those statements are false, this bond is VOIDABLE.
_______________________________
(signature of certifying agent)
_______________________________
(printed name)
_______________________________
(title of certifying agent)
6.12
VEHICLE DEDICATION AFFIDAVIT
AFFIDAVIT
STATE OF NEW JERSEY
:
SS.
COUNTY OF _________
:
I, ___________________________________________, am the
(name of affiant)
__________________________________________________________________
(identify relationship to bidder: owner, partner, president, or other corporate officer)
of the _______________________________, and being duly sworn, I
(name of bidder)
depose and say:
All statements contained in this affidavit are true and correct and made with full knowledge that the State of
New Jersey and the Borough of Ship Bottom rely upon the truth of the statements contained in this affidavit and in
said Bid Proposal in signing the Contract for the said project.
At all times during the performance of the collection contract, I agree to commit, for use only in the
Borough of Ship Bottom, the number of collection vehicles reasonably calculated to ensure safe, adequate and
proper service. I further warrant that in the event that dedication of vehicles for use only in the Borough of Ship
Bottom is not feasible, that the Borough of Ship Bottom will not be responsible for disposal costs for waste
generated outside the Borough of Ship Bottom.
I also understand and agree that failure to comply with the representations contained herein shall be cause
for breach of contract and will entitle the Borough of Ship Bottom to damages arising therefrom.
_______________________________
__________________________
Name of Firm or Individual
Title
_______________________________
__________________________
Signature
Date
Subscribed and sworn to before me this
____ day of __________________, 20__.
_____________________________________
Notary Public of
My Commission expires ____________, 20__.
6.13
CERTIFICATE OF INSURANCE
Form to be provided by insurance carrier, in accordance with the requirements of these specifications,
subject to approval as to form by the Borough Attorney.
6.14
AMERICANS WITH DISABILITIES ACT OF 1990
Equal Opportunity for Individuals with Disability
The Contractor and the Borough of Ship Bottom ("owner") do hereby agree that the provisions of Title 11 of
the Americans With Disabilities Act of 1990 (the "Act") (42 U.S.C. 5121 01 et seq.), which prohibits
discrimination on the basis of disability by public entities in all services, programs, and activities provided or
made available by public entities, and the rules and regulations promulgated pursuant there unto, are made a part
of this contract. In providing any aid, benefit, or service on behalf of the owner pursuant to this contract, the
Contractor agrees that the performance shall be in strict compliance with the Act. In the event that the
Contractor, its agents, servants, employees, or subcontractors violate or are alleged to have violated the Act
during the performance of this contract, the Contractor shall defend the owner in any action or administrative
proceeding commenced pursuant to this Act. The Contractor shall indemnify, protect, and save harmless the
owner, its agents, servants, and employees from and against any and all suits, claims, losses, demands, or
damages, of whatever kind or nature arising out of or claimed to arise out of the alleged violation. The
Contractor shall, at its own expense, appear, defend, and pay any and all charges for legal services and any
and all costs and other expenses arising from such action or administrative proceeding or incurred in
connection therewith. In any and all complaints brought pursuant to the owner's grievance procedure, the
Contractor agrees to abide by any decision of the owner which is rendered pursuant to said grievance
procedure. If any action or administrative proceeding results in an award of damages against the owner, or if
the owner incurs any expense to cure a violation of the ADA which has been brought pursuant to its grievance
procedure, the Contractor shall satisfy and discharge the same at its own expense.
The owner shall, as soon as practicable after a claim has been made against it, give written notice thereof to
the Contractor along with full and complete particulars of the claim, If any action or administrative
proceeding is brought against the owner or any of its agents, servants, and employees, the owner shall
expeditiously forward or have forwarded to the Contractor every demand, complaint, notice, summons,
pleading, or other process received by the owner or its representatives.
It is expressly agreed and understood that any approval by the owner of the services provided by the
Contractor pursuant to this contract will not relieve the Contractor of the obligation to comply with the Act
and to defend, indemnify, protect, and save harmless the owner pursuant to this paragraph.
It is further agreed and understood that the owner assumes no obligation to indemnify or save harmless the
Contractor, its agents, servants, employees and subcontractors for any claim which may arise out of their
performance of this Agreement. Furthermore, the Contractor expressly understands and agrees that the
provisions of this indemnification clause shall in no way limit the Contractor's obligations assumed in this
Agreement, nor shall they be construed to relieve the Contractor from any liability, nor preclude the owner
from taking any other actions available to it under any other provisions of the Agreement or otherwise at law.
6.15
NOTICE
TO ALL PUBLIC WORKS EMPLOYERS
Pursuant to N.J.S.A. 34:11-56.25, et seq., Contractors on projects for public work shall adhere to all
requirements of the New Jersey Prevailing Wage Act. Please be advised that the Act requires that all public
works employers shall submit a certified payroll record to the public body, or lessor, that contracted for the
public work project, each payroll period within ten (10) days of the payment of wages. The public body shall
receive, file and make available for inspection, during normal business hours, the certified payroll records. In the
event it is found that any worker, employed by the Contractor or any Subcontractor has been paid a rate of
wages less than the prevailing wage required to be paid, the owner may terminate the Contractor's or
subcontractor's right to proceed with the work, or such part of the work as to which there has been a failure to
pay required wages and prosecute the work to completion. A copy of the certified payroll form may be obtained
by contacting the New Jersey Department of Labor, Division of Workplace Standards, Public Contracts Section,
CN 389, Trenton, NJ 08625-0389, telephone 609-292-2259.
The Contractor is also responsible for obtaining and submitting all subcontractors' certified payroll records
within the aforementioned time period. The Contractor shall submit said certified payrolls in the form set forth
in N.J.A.C. 12:60- 6.1(c). It is the Contractor's responsibility to obtain any additional copies of the certified
payroll form to be submitted by contacting the New Jersey Department of Labor and Workforce Development,
Division
of
Workplace
Standards.
Additional
information
is
available
at
http://lwd.dol.state.nj.us/labor/wagehour/wagerate/pwr_construction.htm
6.16
ACKNOWLEDGMENT OF RECEIPT OF NOTICES, REVISIONS, OR ADDENDA
Pursuant to Local Public Contracts Law 40A:11-23 the Contractor/bidder shall acknowledge by
signature the following:
ADDENDUM #1 dated _____________________________
ADDENDUM#2 dated _____________________________
ADDENDUM #3 dated _____________________________
Bidder's Signature ________________________________________
Bidder’s Printed Name: _____________________________________
Company Name: __________________________________________
6.17
AFFIRMATIVE ACTION AFFIDAVIT
STATE OF NEW JERSEY
:
SS.
COUNTY OF
:
SOLID WASTE AND RECYCLABLE MATERIAL
COLLECTION SERVICES
I, _______________________, of the municipality of __________________________, in the State of
(name of affiant)
__________________________, being of full age and duly sworn according to law, on my oath, depose and say
that:
I am employed by the firm of ________________________, the bidder submitting the bid proposal for the
(name of bidder)
above-named project, in the capacity of _______________________, and I have executed the bid proposal with the
(title of affiant)
full authority to do so. Further, the bidder will comply with the provisions of Public Law 1975, Chapter 127, and
shall require all subcontractors to comply with the provisions of Public Law 1975, Chapter 127.
_____________________________
__________________________
Name of Firm or Individual
Title
_____________________________
__________________________
Signature
Date
Subscribed and sworn to before me
this ____ day of _________________, 20___.
_________________________________
Notary Public of
My Commission expires _________, 20____.
Attachment
AFFIRMATIVE ACTION AFFIDAVIT
PROCUREMENT AND SERVICE CONTRACT - MANDATORY LANGUAGE
During the performance of a contract, the Contractor agrees as follows:
A.
The Contractor or subcontractor, where applicable, will not discriminate against any employee or
applicant for employment because of age, race, creed, color, national origin, marital status or sex.
The Contractor will take affirmative action to ensure that such applicants are recruited and
employed, and that employees are treated during employment, without regard to their age, race,
creed, color, national origin, ancestry, marital status or sex. Such action shall include, but not be
limited to the following: employment, upgrading, demotion or transfer; 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 Equal Employment Opportunity Officer setting forth provisions of
this nondiscrimination clause.
B.
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, sex, affectional or sexual orientation.
C.
The Contractor or subcontractor, where applicable, will send to each labor union or representative
of workers with which is has a collective bargaining agreement or other contract or understanding,
a notice, to be provided by the agency contracting officer advising the labor union or workers'
representative of the Contractor's commitments under this action and shall post copies of the notice
in conspicuous places available to employees and applicants for employment.
D.
The Contractor or subcontractor, where applicable, agrees to comply with the regulations
promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from
time to time and the Americans with Disabilities Act.
E.
The Contractor or Subcontractor agrees to attempt in good faith to employ minority and female
workers consistent with the applicable county employment goals prescribed by N.J.A.C. 17:27-5.2
promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from
time to time or in accordance with a binding determination of the applicable county employment
goals determined by the Affirmative Action Office pursuant to N.J.A.C. 17:27-5.2 of the
regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and
supplemented from time to time.
F.
The Contractor or Subcontractor agrees to inform in writing appropriate recruitment agencies,
including employment agencies, placement bureaus, colleges, universities, and labor unions that it
does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, sex,
affectional or sexual orientation, and that it will discontinue the use of any recruitment agency
which engages in direct or indirect discriminatory practices.
G.
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.
H.
The Contractor or Subcontractor agrees to review all procedures relating to transfer, upgrading,
downgrading and layoff to ensure that all such actions are taken without regard to age, creed, color,
national origin, ancestry, marital status, sex, affectional or sexual orientation, and conform with the
applicable employment goals consistent with the statutes and court decisions of the State of New
Jersey, and applicable Federal law and applicable Federal court decisions.
I.
The Contractor or its subcontractors shall furnish such reports or other documents to the
Affirmative Action Office 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 Affirmative Action Office for conducting a compliance investigation pursuant to
Subchapter 10 of the Administrative Code (N.J.A.C. 17:27).
Provisions D, E, F, G or H not required for subcontractors with four (4) or fewer employees or a Contractor who has
presented evidence of a federally approved or sanctioned Affirmative Action Program.
Company
______________________________ Title________________________
Signature
______________________________ Date_________________________
6.18
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
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract, the Contractor agrees as follows:
The Contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for
employment because of age, race, creed, color, national origin, ancestry, marital, domestic partner or civil union
status, affectional or sexual orientation, gender identity or expression, disability, nationality, sex, pregnancy
(including recovery from childbirth), atypical hereditary cellular or blood trait, genetic information, veteran
status or liability for military service, or association with a person who is a member of a protected class as
recognized by law. Except with respect to affectional or sexual orientation, gender identity or expression,
atypical hereditary cellular or blood trait, genetic information or liability for military service, the Contractor will
take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated
during employment without regard to their age, race, creed, color, national origin, ancestry, marital, domestic
partner or civil union status, affectional or sexual orientation, gender identity or expression, disability,
nationality, sex, pregnancy (including recovery from childbirth), atypical hereditary cellular or blood trait,
genetic information, veteran status or liability for military service, or association with a person who is a member
of a protected class as recognized by law. Such action shall include, but not be limited to the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices
to be provided by the Public Agency Compliance Officer setting for the 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, domestic partner or civil
union status, affectional or sexual orientation, gender identity or expression, disability, nationality, sex,
pregnancy (including recovery from childbirth), atypical hereditary cellular or blood trait, genetic information,
veteran status or liability for military service, or association with a person who is a member of a protected class
as recognized by law.
The Contractor or subcontractor, where applicable, will send to each labor union or representative or workers
with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided
by the agency contracting officer advising the labor union or workers’ representative of the Contractor’s
commitments under this Act and shall post copies of the notice in conspicuous places available to employees
and applicants for employment.
The Contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the
Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the
Americans with Disabilities Act.
The Contractor or Subcontractor agrees to make good faith efforts to employ minority and women workers
consistent with the applicable county employment goals established in accordance with N.J.A.C. I7:27-5.2 or a
binding determination of the applicable county employment goals determined by the Division, pursuant to
N.J.A.C. I7:27-5.2.
The Contractor or Subcontractor agrees to inform in writing appropriate recruitment agencies including, but not
limited to, employment agencies, placement bureaus, colleges, universities, labor unions, that it does not
discriminate on the basis of to age, race, creed, color, national origin, ancestry, marital, domestic partner or civil
union status, affectional or sexual orientation, gender identity or expression, disability, nationality, sex,
pregnancy (including recovery from childbirth), atypical hereditary cellular or blood trait, genetic information,
veteran status or liability for military service, or association with a person who is a member of a protected class
as recognized by law, and that it will discontinue to use any recruitment agency which engages in direct or
indirect discriminatory practices.
The Contractor or Subcontractor agrees as may be applicable 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 applicable employment goals, the Contractor or Subcontractor agrees to review all
procedures relating to transfer, upgrading, downgrading, and layoff to ensure that all such actions are taken
without regard to age, race, creed, color, national origin, ancestry, marital, domestic partner or civil union status,
affectional or sexual orientation, gender identity or expression, disability, nationality, sex, pregnancy (including
recovery from childbirth), atypical hereditary cellular or blood trait, genetic information, veteran status or
liability for military service, or association with a person who is a member of a protected class as recognized by
law, consistent with the statues 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 goods and
services contract, one of the following three documents:
Letter of Federal Affirmative Action Plan Approval
Certificate of Employee Information Report
Employee Information Report Form AA302
The Contractor and its subcontractors shall furnish such reports or other documents to the Div. of Contract
Compliance & EEO/AA as may be requested by the office from time to time in order to carry out the purposes
of these regulations, and public agencies shall furnish such information as may be requested by the Div. of
Contract Compliance & EEO/AA for conducting a compliance investigation pursuant to Subchapter 10 of the
Administrative Code at N.J.A.C. 17:27.
Company: _____________________________________________________
Date: _____________________
6.19
ATTACH NEW JERSEY BUSINESS REGISTRATION CERTIFICATE
CERTIFICATE BUSINESS REGISTRATION
(P.L. 2004, c.57)
(N.J.S.A. 52:32-44)
PROOF OF BUSINESS REGISTRATION
All business organizations that do business (i.e., compete for or enter into a contract) with a State,
County or Local Contracting Agency are required to be registered with the State and provide proof of their
registration to the contracting agency. Proof of valid business registration shall be in the form of a Business
Registration Certificate issued by the Department of the Treasury, Division of Revenue. Information on how a
business can obtain a certificate is located on the Internet at www.nj.gov/njbgs or by telephone at 609-292-1730.
The purpose of the registration is to ensure that all businesses and their subsidiaries receiving government
contracts pay appropriate sales, use, and other taxes. A Contractor and its subcontractor(s) must collect and
remit to the Division of Taxation the use tax pursuant to the Sales & Use Tax Act on all sales of tangible
personal property delivered into this State. Notice of these requirements must be provided in bid specifications,
requests for proposals and any other documents notifying potential Contractors of procurement opportunities.
Business registration is required for any contract in excess of $6,000 (15% of $40,000) for
municipalities with Qualified Purchasing Agents.
A contracting agency shall not enter into a contract with a business organization unless it has received
proof of the business registration at the time of the bid or the proposal submission, in response to a request for
bids or proposals. For all other transactions, the proof of business registration must be received prior to the
issuance of a purchase order or other contracting document.
All public Contractors submitting bids for public work must submit a copy of their proof of business
registration with their bids. Bidders must also obtain and submit proof of registration from those subcontractors
at all levels (tiers) if the specifications require the Subcontractor to be listed or named in the bidder’s
submission. Proof of valid business registration must be provided by the bidders and their named subcontractors
at all levels (tiers) at the time the bid or proposal is officially received and opened by the contracting agency if
required by the specifications. Failure to submit proof of registration is considered a mandatory rejection of bids
and is non-waivable by the contracting agency.
The Contractor shall provide written notice to its Subcontractor and suppliers of the responsibility to
submit proof of business registration to the Contractor. The requirement of proof extends down through all
levels (tiers) of the project. After the award of a project, the Contractor has the obligation to obtain proof of
registration from each Subcontractor or a supplier on the project (in addition to those listed or named in the bid
submission) and file proof of their business registration with the contracting agency prior to receiving final
payment.
If there are no subcontractors on a project, the Contractor must certify to that effect.
A Contractor, Subcontractor or supplier who fails to provide proof of business registration or provides
false business registration information shall be liable to a penalty of $25 for each day of violation, not to exceed
$50,000 for each business registration not properly provided or maintained under a contract with a contracting
agency. Information on the law and its requirements is available by calling (609) 292-1730.
-----Attach Certificate-----
6.20
BID PROPOSAL
Proposal for Garbage and Recyclable Collection beginning January 1, 2023.
[Name of the Contracting Unit]:
I or We ___________________________________, of ________________________________________
______________________________________________________________, hereby agree to provide complete
(complete address)
hereby agree to provide complete listed on the Proposal Sheets.
COMPANY SUBMITTING BID ______________________________________________
NAME OF PERSON SUBMITTING BID _______________________________________
SIGNATURE OF PERSON SUBMITTING BID __________________________________
TITLE OF PERSON SUBMITTING BID ________________________________________
DATE _________________
Note:
Bidders are required to sign all Option/Alternate Proposal sheets submitted.
6.21
PLEASE EXECUTE THIS FORM & SUBMIT WITH THE BID PROPOSAL PACKAGE
Borough of Ship Bottom
Department of Finance
Purchasing Division
Ocean County
Ship Bottom, NJ
5A
Municipal Solid Waste Collection & Disposal Services
Bid Proposal Form
Borough Purchasing Agent
Borough of Ship Bottom
C/o The Borough Clerk's Office
Borough Hall
1621 Long Beach Blvd.
Ship Bottom, NJ 08008
In accordance with your notice to bidders, the bid proposal, general instructions, stated terms, conditions
and specifications, we wish to quote the following for the indicated service:
Description of Service
Base Bid Items - Boroughwide Collection & Disposal of Recycled Material – Single Steam Collection
Item
Description/Length of Contractual Service Annual Cost
_________
5A-1
Five (05) Year Contract
Boroughwide Collection & Disposal of Municipal Solid Waste
Start Date: January 1, 2023
Completion Date: December 31, 2027
Submit Bid for Year One $______________
(January 1, 2023 – December 31, 2023)
Submit Bid for Year Two $______________
(January 1, 2024 – December 31, 2024)
Submit Bid for Year Three $______________
(January 1, 2025 – December 31, 2025)
Submit Bid for Year Four $______________
(January 1, 2026 – December 31, 2026)
Submit Bid for Year Five $______________
(January 1, 2027 – December 31, 2027)
5A-2
Three (03) Year Contract
Boroughwide Collection & Disposal of Municipal Solid Waste
with the use traditional recycling containers.
Start Date: January 1, 2023
Completion Date: December 31, 2025
Submit Bid for Year One $______________
(January 1, 2023 – December 31, 2023)
Submit Bid for Year Two $______________
(January 1, 2024 – December 31, 2024)
Submit Bid for Year Three $______________
(January 1, 2025 – December 31, 2025)
_______________________________________
_____________________________________
(Name of the Individual Preparing Proposal)
(Signature of the Individual)
PLEASE EXECUTE THIS FORM & SUBMIT WITH THE BID PROPOSAL PACKAGE
Borough of Ship Bottom
Department of Administration
Purchasing Division
Ocean County
Ship Bottom, NJ
5B
Collection & Disposal of Recycling Materials
Bid Proposal Form
Borough Purchasing Agent
Borough of Ship Bottom
C/o The Borough Clerk's Office
Borough Hall
1621 Long Beach Blvd.
Ship Bottom, NJ 08008
In accordance with your notice to bidders, the bid proposal, general instructions, stated terms, conditions
and specifications, we wish to quote the following for the indicated service:
Description of Service
Base Bid Items - Boroughwide Collection & Disposal of Recycled Material – Single Steam Collection
Item
Description/Length of Contractual Service Annual Cost
_________
5B-1
Five (05) Year Contract
Boroughwide Collection & Disposal of Single Stream Recycled Materials
with the use traditional recycling containers.
Start Date: January 1, 2023
Completion Date: December 31, 2027
Submit Bid for Year One $______________
(January 1, 2023 – December 31, 2023)
Submit Bid for Year Two $______________
(January 1, 2024 – December 31, 2024)
Submit Bid for Year Three $______________
(January 1, 2025 – December 31, 2025)
Submit Bid for Year Four $______________
(January 1, 2026 – December 31, 2026)
Submit Bid for Year Five $______________
(January 1, 2027 – December 31, 2027)
5B-2
Three (03) Year Contract
Boroughwide Collection & Disposal of Single Stream Recycled Materials
with the use traditional recycling containers.
Start Date: January 1, 2023
Completion Date: December 31, 2025
Submit Bid for Year One $______________
(January 1, 2023 – December 31, 2023)
Submit Bid for Year Two $______________
(January 1, 2024 – December 31, 2024)
Submit Bid for Year Three $______________
(January 1, 2025 – December 31, 2025)
_______________________________________
_____________________________________
(Name of the Individual Preparing Proposal)
(Signature of the Individual)
PLEASE EXECUTE THIS FORM & SUBMIT WITH THE BID PROPOSAL PACKAGE
Borough of Ship Bottom
Department of Finance
Purchasing Division
Ocean County
Ship Bottom, NJ
5C (5A & 5B)
Municipal Solid Waste Collection and Recycling Collection and Disposal Services
Bid Proposal Form
Borough Purchasing Agent
Borough of Ship Bottom
C/o The Borough Clerk's Office
Borough Hall
1621 Long Beach Blvd.
Ship Bottom, NJ 08008
In accordance with your notice to bidders, the bid proposal, general instructions, stated terms, conditions
and specifications, we wish to quote the following for the indicated service:
Description of Service
Base Bid Items - Boroughwide Collection & Disposal of Recycled Material – Single Steam Collection
Item
Description/Length of Contractual Service Annual Cost
_________
5C-1
Five (05) Year Contract
Boroughwide Collection & Disposal of Municipal Solid Waste and Recycling
Start Date: January 1, 2023
Completion Date: December 31, 2027
Submit Bid for Year One $______________
(January 1, 2023 – December 31, 2023)
Submit Bid for Year Two $______________
(January 1, 2024 – December 31, 2024)
Submit Bid for Year Three $______________
(January 1, 2025 – December 31, 2025)
Submit Bid for Year Four $______________
(January 1, 2026 – December 31, 2026)
Submit Bid for Year Five $______________
(January 1, 2027 – December 31, 2027)
5C-2
Three (03) Year Contract
Boroughwide Collection & Disposal of Municipal Solid Waste and Recycling
with the use traditional recycling containers.
Start Date: January 1, 2023
Completion Date: December 31, 2025
Submit Bid for Year One $______________
(January 1, 2023 – December 31, 2023)
Submit Bid for Year Two $______________
(January 1, 2024 – December 31, 2024)
Submit Bid for Year Three $______________
(January 1, 2025 – December 31, 2025)
_______________________________________
_____________________________________
(Name of the Individual Preparing Proposal)
(Signature of the Individual)
--- Document: February 3, 2022 Memory Bench Quotes ---
Page | 1 of 2
BOROUGH OF SHIP BOTTOM
Gateway to Long beach island
1621 Long Beach Blvd.
Ship Bottom, Ocean County, N.J. 08008
(609)494-2171 OR 2172 FAX (609) 494-7763
Quote Name: Memory Benches
Description: SEE BELOW FOR FURTHER INFORMATION
Township Contact: Kathleen Flanagan
Contact Phone #: 609/494-2171 ext. 120
Quote #: Q22-01
Posted Date: February 3, 2022
Date Quotes are Due: Friday, February 11, 2022 @ 10 am
Page | 2 of 2
Specifications:
Size: 6’
Dimensions: 72”L x 26.875”W x 31.75”H (see Exhibit A)
Frame Material and Color: Recycled Plastic – Brown
Seat/Back Material and Color: Recycled Plastic – Sand
Price per Bench: ____________________________________
Delivery Time: ____________________________________
Delivery Cost: ____________________________________
Company Name
Agent Name
Contact Telephone #
__________________________________________________________________
Company Address: __________________________________________________
Date Quote Submitted: _____________ Date of Quote Expiration: ____________
--- Document: January 12, 2021 Memory Bench Quotes ---
Page | 1 of 2
BOROUGH OF SHIP BOTTOM
Gateway to Long beach island
1621 Long Beach Blvd.
Ship Bottom, Ocean County, N.J. 08008
(609)494-2171 OR 2172 FAX (609) 494-7763
Quote Name: Memory Benches
Description: SEE BELOW FOR FURTHER INFORMATION
Township Contact: Kathleen Flanagan
Contact Phone #: 609/494-2171 ext. 120
Quote #: Q21-02
Posted Date: January 11, 2021
Date Quotes are Due: Friday, January 22, 2021 @ 10 am
Page | 2 of 2
Specifications:
Size: 6’
Dimensions: 72”L x 26.875”W x 31.75”H (see Exhibit A)
Frame Material and Color: Recycled Plastic – Sand
Seat/Back Material and Color: Recycled Plastic – Sand
Price per Bench: ____________________________________
Delivery Time: ____________________________________
Delivery Cost: ____________________________________
Company Name
Agent Name
Contact Telephone #
__________________________________________________________________
Company Address: __________________________________________________
Date Quote Submitted: _____________ Date of Quote Expiration: ____________
--- Document: January 11, 2021 Cleaning Borough Hall Quotes ---
Page | 1 of 2
BOROUGH OF SHIP BOTTOM
Gateway to Long beach island
1621 Long Beach Blvd.
Ship Bottom, Ocean County, N.J. 08008
(609)494-2171 OR 2172 FAX (609) 494-7763
Quote Name: Cleaning of Borough Hall
Description: SEE BELOW FOR FURTHER INFORMATION
Township Contact: Kathleen Flanagan
Contact Phone #: 609/494-2171 ext. 120
Quote #: Q21-01
Posted Date: January 11, 2021
Date Quotes are Due: Friday, January 22, 2021
Page | 2 of 2
Specifications:
Cleaning Borough Hall, including Police Department, no less than 3x per week.
Includes, common areas, restrooms, offices, and court/council room. Trash and recycle
disposal, COVID approved disinfecting of all areas, and additional cleaning as necessary
prior to meetings is also required. Must be on-call and respond within 1 hour of call for
emergency response. Responsible for ordering all cleaning and disinfecting supplies
from Borough authorized vendor. Bidder must obtain clearance from Ship Bottom
Police Department to be considered for award. Period of February 1, 2021-January 31,
2022.
Hourly Price per Cleaning: ____________________________
Arrival Time:
____________________________________
Estimated Leave Time: ________________________________
Company Name
Agent Name
Contact Telephone #
__________________________________________________________________
Company Address: __________________________________________________
Date Quote Submitted: _____________ Date of Quote Expiration: ____________
--- Document: December 08, 2020 Bid for Municipal Building ---
Section NB
Notice for Bids
NB – 1
SBMB: 05/01/20
ADVERTISEMENT - NOTICE FOR BIDS
GENERAL CONTRACTOR for New Municipal Building, Borough of Ship Bottom, New Jersey
NOTICE IS HEREBY GIVEN, that sealed Bids for this contract shall be received, opened, and read in public in the Meeting
Room of the Ship Bottom Municipal Building, 1621 Long Beach Blvd., Ship Bottom, NJ 08008, on Thursday, January 14, 2021,
at 11:00 AM prevailing time. Bids shall be received at the time and place specified. No Bids shall be accepted by fax or after
the date and time specified.
The proposed Work includes, but is not limited to, the provision of all labor, materials, services, equipment, transportation,
and supervision required to construct and complete the new Municipal Building for the Borough of Ship Bottom. The Work
shall include all requirements set forth in the Contract Documents prepared by The Goldstein Partnership, Architects. The
Work is required to be completed within 660 calendar days of the Contract Award.
The bid package, including the forms, contract, Specifications, and Drawings will be available free of charge, on or after
11:00 AM on Tuesday, December 8, 2020, at https://www.ebidexchange.com/njbid; please register on that website.
Upon completion and occupancy of the new Municipal Building, the Contractor will be required to demolish the existing
Municipal Building. Although no formal Site Inspection/Pre-Bid Conference shall be held, any Bidders that wish for an
accompanied walk-through of the entire existing Municipal Building may do so on Monday, 12/21/20 by contacting the
Borough Coordinator no later than Friday, 12/18/20 at (609) 494-2171 x120, for a 15-minute time slot between 1 and 4 PM.
Each Bid must be enclosed in a sealed envelope bearing the name and address of the Bidder, name of the Project and name
of the Contract placed on the outside of the envelope and must be received at or prior to the time and date designated for
the receipt of Bids, and the envelope must be addressed to the Borough of Ship Bottom, Attention: Borough Clerk, 1621
Long Beach Blvd., Ship Bottom, NJ 08008. No Bid may be withdrawn within sixty (60) days of the date specified for the
receipt of bids, except as may be permitted by N.J.S.A. 40A:11-24 and N.J.S.A. 40A:11-23.3. Bidders who elect to utilize
public or private mailing for delivery of the bid assume the burden of correctly addressing the envelope.
All contract and bid documents shall be submitted intact in accordance with the completed and signed bidder’s checklist.
All erasers, interpolations, and other physical changes to any forms shall be signed or initialed by the bidder.
Bids must be accompanied by a bid security in the form of a certified check, cashier’s check or bid bond drawn to the order
of the “Borough of Ship Bottom” for not less than Ten Percent (10%) of the amount of the bid, but in no case in excess of
Twenty Thousand Dollars ($20,000.00). Bid security shall comply with the Bidding Documents and N.J.S.A. 40A:11-21. Bids
shall also include a Consent of Surety in the form permitted by the Bidding Documents, obligating the issuing surety
company to provide the bidder and its subcontractors, if awarded the contract for the Project, with a New Jersey Statutory
Performance Bond and a New Jersey Statutory Payment Bond in the full amount of the contract.
Bidders are required to comply with the requirements of N.J.S.A. 10:5-31, et seq., N.J.A.C. 17:27, et seq., the New Jersey
Prevailing Wage Act, the Affirmative Action Requirements, and the Americans with Disabilities Act, and shall submit all
completed documents required by the bid specifications.
The Borough of Ship Bottom reserves the right to consider the bids for sixty (60) days after the receipt thereof and may reject
all bids in accordance with N.J.S.A. 40A:11-13.2. In addition, the Borough may only waive minor informalities or non-
material exceptions in a bid as set forth in Meadowbrook Carting v. Borough of Island Heights, 138 N.J. 307 (1994).
Bidders must comply with all requirements of New Jersey Local Public Contracts Law.
Section NB
Notice for Bids
NB – 1
SBMB: 05/01/20
The successful Bidder shall execute the Contract and provide the required Bond in the full amount of the Contract, within
seven (7) days after notification of acceptance of its Bid.
COVID-19 NOTICE: The Borough of Ship Bottom is closely monitoring the situation of the COVID-19 virus. In an effort to
maintain the safety and health of all persons, the Borough of Ship Bottom will abide by all Executive Orders in ensuring
appropriate public health and social distancing protocols. If a vendor determines that it is absolutely necessary to attend the
in-person official bid opening, be advised that the Borough will enforce appropriate protocols of social distancing to limit
exposure to pathogens. Attendees shall be limited to one (1) per bidder, shall maintain physical distancing indoors, and
shall wear a face mask continuously while in the Municipal Building.
By Order of:
Borough Clerk, Borough of Ship Bottom, New Jersey 08008
--- Document: July 10, 2020 Memory Bench Quotes ---
Page | 1 of 3
BOROUGH OF SHIP BOTTOM
Gateway to Long beach island
1621 Long Beach Blvd.
Ship Bottom, Ocean County, N.J. 08008
(609)494-2171 OR 2172 FAX (609) 494-7763
Quote Name: Memory Benches
Description: SEE BELOW FOR FURTHER INFORMATION
Township Contact: Kathleen Flanagan
Contact Phone #: 609/494-2171 ext. 120
Quote #: Q20-01
Posted Date: July 10, 2020
Date Quotes are Due: Friday, July 17, 2020 @ 10 am
Page | 2 of 3
Specifications:
Size: 6’
Dimensions: 72”L x 26.875”W x 31.75”H (see Exhibit A)
Frame Material and Color: Recycled Plastic – Sand
Seat/Back Material and Color: Recycled Plastic – Sand
Price per Bench: ____________________________________
Delivery Time: ____________________________________
Delivery Cost: ____________________________________
Company Name
Agent Name
Contact Telephone #
__________________________________________________________________
Company Address: __________________________________________________
Date Quote Submitted: _____________ Date of Quote Expiration: ____________
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Contacts
Kathleen Flanagan
Borough Administrator
Kristy Correnti
Municipal Clerk
Kathleen Flanagan
Township Contact
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Municipal Clerk
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