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Bid Opportunities
BID #: BId 11-2024
ISSUED: 10/6/2024
DUE: 10/16/2024
VALUE: TBD
55
Rating
Risk Rank
Red Risk
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Executive Summary
The Township of Vernon is seeking bids for the following projects/services. BId 11-2024 is a request for a 2023 Kenworth T880 or equivalent. Bid 12-2023 is for snow plowing and removal services. A competitive contract is being offered for EMS services. Bid #1 is for Pump Station No. 2 Replacement, and includes the demolition of the existing station.
Web Content
Bid Opportunities Search Calendars Starting a Business Municipal Code Contact Calendars Contact Vernon Township 21 Church Street, Vernon, NJ 07462 Phone: 973.764.4055 Home About Vernon Overview Clean Communities Clubs & Organizations Demographics Appalachian Trail Local Farms Community Resources Starting a Business Government About Town Hall Mayor’s Office Administrator Township Clerk Municipal Court Township Directory Online Forms Public Records Bid Opportunities Employment DCA Program Book Legal Notices Departments Building Department Finance Fire Prevention Planning & Zoning Public Works Recreation Tax Assessor Tax Collector Township Council About Meetings Presentations & Documents Boards & Committees Arts Advisory Committee Beautification Committee Econ Development Environmental Historic Preservation Land Use Board Municipal Alliance Recreation Senior Citizens Sewer Utilities Taxes Online Tax Payments E-Mail Reminders Tax Maps FAQs Codes & Documents Annual Budget Annual Audit/Financials Bill Lists/Capital Exp Fee Schedule Land Use Regulations Master Plan Ordinances Stormwater Mgmt Services Animal Control Community Alerts Fire Inspections Health & Wellness Library Recycling Reoccupancy Inspections Election/Voter Information Recreation Community Garden Field & Facility Requests Hometown Hero Banner Program Memorial Donation Program News & Events Parks and Facilities Recreational Services Sports & Activities Town Center Park & Pump Track Trails Challenge Wheelchair Reservation Senior Services Senior Center Nutrition Program Transportation Registrar Obtaining Records Marriage Licenses Civil Unions Permits & Licenses Alarm Registration Bingo/Raffles Construction Permits Dog Licenses Donation Clothing Bin Fire Safety Permits Liquor Licenses Property Registration Peddler/Solicitor Licenses Temp Outdoor Activity Public Safety Ambulance Squad Emergency Management Fire Department Police Department Organization Body Worn Cameras C.L.E.A.R. Program Internal Affairs - How to Make a Complaint Law Enforcement Diversity in Hiring Practices Law Enforcement Drug Testing Policy MV Accident Reports Minutes/Agendas Council Minutes 2026 Minutes 2025 Minutes 2024 Minutes 2023 Minutes 2022 Minutes 2021 Minutes 2020 Minutes 2019 Minutes 2018 Minutes 2017 Minutes 2016 Minutes 2015 Minutes 2014 Minutes 2013 Minutes 2012 Minutes 2011 Minutes 2010 Minutes Council Agenda 2026 Agenda 2025 Agenda 2024 Agenda 2023 Agenda 2022 Agenda 2021 Agenda 2020 Agenda 2019 Agenda 2018 Agenda 2017 Agenda 2016 Agenda 2015 Agenda 2014 Agenda 2013 Agenda 2012 Agenda 2011 Agenda 2010 Agenda EDC Agendas 2026 EDC Agendas 2025 EDC Agendas EDC Minutes 2026 EDC Minutes 2025 EDC Minutes 2024 EDC Minutes 2023 EDC Minutes 2022 EDC Minutes 2021 EDC Minutes 2020 EDC Minutes 2015 EDC Minutes 2012 EDC Minutes 2011 EDC Minutes Environmental Minutes 2026 Env Minutes 2025 Env Minutes 2024 Env Minutes 2023 Env Minutes 2022 Env Minutes 2021 Env Minutes 2020 Env Minutes 2019 Env Minutes 2018 Env Minutes 2017 Env Minutes 2016 Env Minutes 2015 Env Minutes 2014 Env Minutes 2013 Env Minutes 2012 Env Minutes 2011 Env Minutes 2010 Env Minutes 2009 Env Minutes 2007 Env Minutes 2006 Env Minutes Environmental Agenda 2026 Env Agenda 2025 Env Agenda 2024 Env Agenda 2023 Env Agenda 2022 Env Agenda 2021 Env Agenda 2020 Env Agenda Historic Preservation Agenda 2026 Historic Preservation Agenda 2025 Historic Preservation Agenda 2024 Historic Preservation Agenda Historic Preservation Minutes 2026 Historic Preservation Minutes 2025 Historic Preservation Minutes 2024 Historic Preservation Minutes Land Use Agenda 2026 Land Use Agenda 2025 Land Use Agenda 2024 Land Use Agenda 2023 Land Use Agenda 2022 Land Use Agenda 2021 Land Use Agenda 2020 Land Use Agenda 2019 Land Use Agenda 2018 Land Use Agenda 2017 Land Use Agenda 2016 Land Use Agenda 2015 Land Use Agenda 2014 Land Use Agenda 2013 Land Use Agenda 2012 Land Use Agenda 2011 Land Use Agenda 2010 Land Use Agenda 2009 Land Use Agenda Land Use Minutes 2026 Land Use Minutes 2025 Land Use Minutes 2024 Land Use Minutes 2023 Land Use Minutes 2022 Land Use Minutes 2021 Land Use Minutes 2020 Land Use Minutes 2019 Land Use Minutes 2018 Land Use Minutes 2017 Land Use Minutes 2016 Land Use Minutes 2015 Land Use Minutes Recreation Minutes 2021 Recreation Minutes 2020 Recreation Minutes 2019 Recreation Minutes 2018 Recreation Minutes 2017 Recreation Minutes 2016 Recreation Minutes 2011 Recreation Minutes 2010 Recreation Minutes 2009 Recreation Minutes Senior Citizens Minutes 2012 Senior Citizens Minutes 2011 Senior Citizens Minutes MUA Minutes 2026 MUA Minutes 2025 MUA Minutes 2024 MUA Minutes 2023 MUA Minutes 2022 MUA Minutes 2021 MUA Minutes 2020 MUA Minutes MUA Agendas 2026 MUA Agendas 2025 MUA Agendas 2024 MUA Agendas 2023 MUA Agendas 2022 MUA Agendas Rentals Short Term Rentals Long Term Rentals Bid Opportunities Bid Opportunities Interested in doing business with the township? When bid opportunities and/or requests for proposals become available, they will be listed below. Where indicated in the legal notice, the Township of Vernon is conducting e-procurement at BidNet Direct . Have questions? Contact Irene Mills at 973.764.4055, ext. 2240. BID ITEM BId 11-2024 Kenworth T880 or Equivalent Proposed Athletic Field Lighting at Veteran's Mem. Park Bid 12-2023 Snow Plowing and Removal Bid BID OPENING October 16, 2024 at 11:30 am December 6, 2023 at 10:00 am November 21, 2023 at 9:00 am Competitive Contract Request for Proposals CC#5-2023 EMS Services August 15, 2023 10:00 am Bid #1 - Pump Station No. 2 Replacement November 3, 2022 9:00 a.m. 2022 Fire Apparatus Repair (10 KB) posted April 6, 2022 April 20, 2022 9:00 a.m. Proposed Town Center Bike & Walking Trail (15,250 KB) posted November 22, 2021 November 30, 2021 10:00 a.m. Snack Bar Renovation Veterans Memorial Park (17 KB) posted October 29, 2020 November 10, 2020 11:00 a.m. Proposed Town Center Bike & Walking Trail (15 KB) posted October 22, 2020 November 13, 2020 10:00 a.m. 2020 Vernon Crossing Excavation and Paving Bid (2,491 KB) posted October 14, 2020 October 27, 2020 9:00 a.m. REBID—Fire Alarm System Municipal Building (17 KB) posted July 20, 2020 August 25, 2020 9:00 a.m. Wash Bay Water Recycling System—Department of Public Works (19 KB) posted June 26, 2020 July 7, 2020 9:00 a.m. Fire Alarm System Municipal Building (50 KB) posted June 12, 2020 June 30, 2020 9:00 a.m. 2019 Off Site Motor Fuel Supply (16 KB) posted September 16, 2019 November 8, 2019 9:00 a.m. 2019 Landscaping Services (16 KB) posted March 19, 2019 April 2, 2019 9:30 a.m. 2019 HVAC Project Animal Shelter Vernon Township (14 KB) posted March 1, 2019 March 27, 2019 9:00 a.m. 2019 Financial Software Services (33 KB) posted January 15, 2019 February 7, 2019 10:30 a.m. Consulting Services—Fire Department and Emergency Medical Services Evaluation (10 KB) posted November 27, 2018 December 14, 2018 9:00 a.m. 2018 HVAC Maintenance and Service (24 KB) posted October 26, 2018 November 28, 2018 9:00 a.m. REBID—2018 Excavation and Machine Operator Services (24 KB) posted July 26, 2018 August 14, 2018 10:45 a.m. REBID—2018 Fire Department Turnout Gear Cleaning (24 KB) posted July 26, 2018 August 14, 2018 10:30 a.m. 2018 Excavation and Machine Operator Services (24 KB) posted June 26, 2018 July 24, 2018 11:00 a.m. 2018 Fire Department Turnout Gear Cleaning (24 KB) posted June 26, 2018 July 24, 2018 10:45 a.m. REBID—2018 Third Party Administrator for Prescription Reimbursement Services for Retirees and Their Dependents (15 KB) posted June 26, 2018 July 24, 2018 10:30 a.m. REBID—2018 Roll Off Vehicle Bid (27 KB) posted June 7, 2018 June 19, 2018 12:00 p.m. 2018 Third Party Administrator for Prescription Reimbursement Services for Retirees and Their Dependents (15 KB) posted May 23, 2018 June 13, 2018 12:30 p.m. 2018 Garage Door Installation (27 KB) posted May 23, 2018 June 7, 2018 1:30 p.m. 2018 Roll Off Vehicle Bid (27 KB) posted May 11, 2018 June 7, 2018 1:00 p.m. 2018 Fire Apparatus and Emergency Ambulance Maintenance and Repair Services (27 KB) posted May 9, 2018 May 24, 2018 12:30 p.m. 2018 Garage Door Installation (266 KB) posted May 3, 2018 May 11, 2018 1:00 p.m. 2018 Plumbing Services Bid (27 KB) posted March 7, 2018 Bid results March 29, 2018 11:00 a.m. 2018 IT Consultant Services (27 KB) posted March 7, 2018 Addendum #1 (12 KB) posted March 19, 2018 Bid results March 29, 2018 10:30 a.m. 2018 Auto Parts Supply (29 KB) posted January 19, 2018 February 22, 2018 11:00 a.m. 2018 Electrical Services (29 KB) posted January 19, 2018 February 22, 2018 10:30 a.m. Proposed Water Service Lines to the Vernon Municipal Building and DPW Garage (19 KB) posted September 29, 2017 October 19, 2017 11:00 a.m. Request for Proposals for Vernon No Net Loss Reforestation Project (8,677 KB) posted July 18, 2017 July 27, 2017 10:00 a.m. REBID—Roof Replacement at the Municipal Building (23 KB) posted January 4, 2017 January 18, 2017 3:00 p.m. Request for Proposal for Revaluation Ordered Effective Tax Year 2018 (2,711 KB) posted December 15, 2016 December 29, 2016 3:30 p.m. Roof Replacement at the Municipal Building (21 KB) posted December 7, 2016 January 3, 2017 11:00 a.m. Offsite Motor Fuel (11 KB) posted December 6, 2016 December 28, 2016 10:00 a.m. Proposed Improvement to Lake Wallkill Road—Section III—Reclamation (56 KB) posted August 9, 2016 August 18, 2016 10:00 a.m. Proposed Improvement to Lake Wallkill Road—Section III—Guide Rail (58 KB) posted August 9, 2016 August 18, 2016 10:00 a.m. Vernon Township 21 Church Street Vernon, NJ 07462 Phone: 973.764.4055 Township Hours Monday - Friday, 8:30 a.m. to 4:00 p.m. Police Emergencies Dial 9-1-1 Non-Emergencies Dial 973-764-6155 Links Township Directory Current Agendas Township Council Council Budget Workshop Meeting 4/6/2026 31 March 2026 Land Use Board Agenda March 25, 2026 20 March 2026 Home About Vernon Overview Demographics Clubs & Organizations Clean Communities Appalachian Trail Local Farms Community Resources Starting a Business Government Township Council About Meetings Presentations & Documents Departments Building Department Finance Fire Prevention Planning & Zoning Public Works Recreation Tax Assessor Tax Collector Boards & Committees Arts Advisory Committee Beautification Committee Econ Development Environmental Historic Preservation Land Use Board Municipal Alliance Recreation Senior Citizens Sewer Utilities Codes & Documents Annual Budget Annual Audit/Financials Bill Lists/Capital Exp Fee Schedule Land Use Regulations Master Plan Ordinances Stormwater Mgmt Taxes Online Tax Payments E-Mail Reminders Tax Maps FAQs About Town Hall Mayor’s Office Administrator Township Clerk Municipal Court Township Directory Online Forms Public Records Bid Opportunities Employment DCA Program Book Legal Notices Services Animal Control Community Alerts Fire Inspections Health & Wellness Library Recycling Reoccupancy Inspections Election/Voter Information Recreation Community Garden Field & Facility Requests Hometown Hero Banner Program Memorial Donation Program News & Events Parks and Facilities Recreational Services Sports & Activities Town Center Park & Pump Track Trails Challenge Wheelchair Reservation Senior Services Senior Center Nutrition Program Transportation Registrar Obtaining Records Marriage Licenses Civil Unions Permits & Licenses Alarm Registration Bingo/Raffles Construction Permits Dog Licenses Donation Clothing Bin Fire Safety Permits Liquor Licenses Property Registration Peddler/Solicitor Licenses Temp Outdoor Activity Public Safety Police Department Organization Body Worn Cameras C.L.E.A.R. Program Internal Affairs - How to Make a Complaint Law Enforcement Diversity in Hiring Practices Law Enforcement Drug Testing Policy MV Accident Reports Fire Department Ambulance Squad Emergency Management Minutes/Agendas Council Minutes 2026 Minutes 2025 Minutes 2024 Minutes 2023 Minutes 2022 Minutes 2021 Minutes 2020 Minutes 2019 Minutes 2018 Minutes 2017 Minutes 2016 Minutes 2015 Minutes 2014 Minutes 2013 Minutes 2012 Minutes 2011 Minutes 2010 Minutes Council Agenda 2026 Agenda 2025 Agenda 2024 Agenda 2023 Agenda 2022 Agenda 2021 Agenda 2020 Agenda 2019 Agenda 2018 Agenda 2017 Agenda 2016 Agenda 2015 Agenda 2014 Agenda 2013 Agenda 2012 Agenda 2011 Agenda 2010 Agenda EDC Agendas 2026 EDC Agendas 2025 EDC Agendas EDC Minutes 2026 EDC Minutes 2025 EDC Minutes 2024 EDC Minutes 2023 EDC Minutes 2022 EDC Minutes 2021 EDC Minutes 2020 EDC Minutes 2015 EDC Minutes 2012 EDC Minutes 2011 EDC Minutes Environmental Minutes 2026 Env Minutes 2025 Env Minutes 2024 Env Minutes 2023 Env Minutes 2022 Env Minutes 2021 Env Minutes 2020 Env Minutes 2019 Env Minutes 2018 Env Minutes 2017 Env Minutes 2016 Env Minutes 2015 Env Minutes 2014 Env Minutes 2013 Env Minutes 2012 Env Minutes 2011 Env Minutes 2010 Env Minutes 2009 Env Minutes 2007 Env Minutes 2006 Env Minutes Environmental Agenda 2026 Env Agenda 2025 Env Agenda 2024 Env Agenda 2023 Env Agenda 2022 Env Agenda 2021 Env Agenda 2020 Env Agenda Historic Preservation Agenda 2026 Historic Preservation Agenda 2025 Historic Preservation Agenda 2024 Historic Preservation Agenda Historic Preservation Minutes 2026 Historic Preservation Minutes 2025 Historic Preservation Minutes 2024 Historic Preservation Minutes Land Use Agenda 2026 Land Use Agenda 2025 Land Use Agenda 2024 Land Use Agenda 2023 Land Use Agenda 2022 Land Use Agenda 2021 Land Use Agenda 2020 Land Use Agenda 2019 Land Use Agenda 2018 Land Use Agenda 2017 Land Use Agenda 2016 Land Use Agenda 2015 Land Use Agenda 2014 Land Use Agenda 2013 Land Use Agenda 2012 Land Use Agenda 2011 Land Use Agenda 2010 Land Use Agenda 2009 Land Use Agenda Land Use Minutes 2026 Land Use Minutes 2025 Land Use Minutes 2024 Land Use Minutes 2023 Land Use Minutes 2022 Land Use Minutes 2021 Land Use Minutes 2020 Land Use Minutes 2019 Land Use Minutes 2018 Land Use Minutes 2017 Land Use Minutes 2016 Land Use Minutes 2015 Land Use Minutes Recreation Minutes 2021 Recreation Minutes 2020 Recreation Minutes 2019 Recreation Minutes 2018 Recreation Minutes 2017 Recreation Minutes 2016 Recreation Minutes 2011 Recreation Minutes 2010 Recreation Minutes 2009 Recreation Minutes Senior Citizens Minutes 2012 Senior Citizens Minutes 2011 Senior Citizens Minutes MUA Minutes 2026 MUA Minutes 2025 MUA Minutes 2024 MUA Minutes 2023 MUA Minutes 2022 MUA Minutes 2021 MUA Minutes 2020 MUA Minutes MUA Agendas 2026 MUA Agendas 2025 MUA Agendas 2024 MUA Agendas 2023 MUA Agendas 2022 MUA Agendas Rentals Short Term Rentals Long Term Rentals
Document Text
--- Document: BId 11-2024 Kenworth T880 or Equivalent ---
TOWNSHIP OF VERNON
COUNTY OF SUSSEX
STATE OFNEW JERSEY
BID 11-2024
2023 Kenworth T880 or Equivalent
FAIR & OPEN PUBLIC SOLICITATION PROCESS PURSUANT
TO N.J.S.A. 19:44A-20.4 ET SEQ.
PUBLIC OPENING OF SUBMISSIONS: October 16, 2024 at 11:30A.M.
www.bidnetdirect.com//vernontownship
Mayor Anthony Rossi
Council Members
Patrick Rizzuto, President
Natalie Buccieri, Vice President
Bradley Sparta
Jessica DeBenedetto
William Higgins
Legal Notice
Notice is hereby given by the Township of Vernon that a bid request in accord
with N.J.S.A. 40A:11-1 et. Seq. will be received by the Township on October 16,
2024 at 11:30A.M. prevailing time publicly broadcast and recorded on zoom
and conducted on electronic platform, in accord with N.J.A.C. 5:34-1 et. Seq.,
on BIDNET at www.bidnetdirect.com//vernontownship
BID 11-2024
2023 Kenworth T880 or Equivalent
NOTE:
it is the bidder’s responsibility to ensure that the bid package is uploaded to the
e-procurement site by the bid opening date and time. Any bid document
received after the deadline established by the Department of Purchasing will
not be accepted, regardless of the method of delivery.
For information on attending the publicly broadcast opening contact the
Qualified Purchasing Agent at scanning@TheCanningGroup.org.
Bidders must comply with the requirements of N.J.S.A. 10:5-31 et seq., and
N.J.A.C. 17:27 et. Seq.,
The Township of Vernon will award this bid to the lowest responsible bidder in
accord with the New Jersey Local Publics Contract Law.
This procurement has been advertised in accordance with the “Fair and Open
Basis” and nothing further shall be required under the Pay-to-Play Legislation
(N.J.S.A. 19:44A-20.5).
Date: October 6, 2024
Tina Kraus
Business Administrator
Administrative Documents
Applicable
to Bid if
marked “X”
DOCUMENTATION REQUIRED OR REVIEWED
Initials
When Due
Bid Guarantee (Bid Bond or Certified/Cashier’s Check) (with
POA for full amount of Bid Bond)
With Bid
Submission
Consent of Surety (Certificate from Surety company)
With Bid
Submission
Performance Bond and Labor and Material Payment Bond
(Required from the Awarded Contractor)
At signing of
contract
Maintenance Bond in the Amount of 100 % for a period
indicated in “General Conditions” Required from the Awarded
Contractor Upon Acceptance of Project
Upon
Acceptance of
Project
Acknowledgement of Receipt of Addenda (To be Completed
if Addenda are Issued)
With Bid
Submission
X
Ownership Disclosure Form
With Bid
Submission
Named Subcontractors in Bid for Listed Specialty Trades
With Bid
Submission
Public Works Contractor Registration Certificate(s) for the
Bidder and all Sub Contractors
Prior to Award,
but effective at
time of bid
X
Business Registration Certificate – Bidder and all Sub
Contractors
Prior to
Contract
Award
Non-Collusion Affidavit
With Bid
Submission
X
Experience and Background Questionnaire
With Bid
Submission
X
Insurance and Indemnification Certificate
Prior to
Contract
Award
X
Disclosure of Investment Activities in Russia Form
Prior to
Contract Award
X
Disclosure of Investment Activities in Iran Form
Prior to
Contract
Award
Federal debarment Form
Prior to
Contract
Award
EEO/AA Form AA-201
After Notice of
Award, Prior to
Signing
Contract
X
EEO/AA Form AA-302 or Letter of Federal Approval or
Certificate of Employee Information Report
After Notice of
Award, Prior to
Signing
Contract
Administrative Documents
X
Bidder’s Checklist
With Bid
Submission
This checklist is provided for bidder’s use in assuring compliance with required documentation; however, it
does not include all specifications requirements and does not relieve the bidder of the need to read and
comply with the specifications.
Bidder
Name:
Date:
Authorized
Representative:
Signature:
Print Name &
Title:
Proposal Form
BID 11-2024
2023 Kenworth T880 or Equivalent
LUMP SUM
$________________________________________
Company
Name Security #
Federal ID # or Social
Address
Signature of Authorized Agent
Type or Print Name
Title:
Telephone Number
Date
Fax Number
E-mail address
SCOPE AND PURPOSE:
The Township of Vernon is seeking the following vehicle OR EQUIVALENT:
Questions and submittals, all questions and submittals shall only be through
bidnetdirect at www.bidnetdirect.com//vernontownship
The Township is seeking a 2023 Kenworth T880 or Equivalent vehicle for its operations. This bid is being
conducted in accordance with the New Jersey Local Public Contracts Law and will be awarded to the
lowest responsible bidder in accordance with N.J.S.A.40A:11-4.A.
Respondents shall provide for new or used vehicles as equivalents that they possess in addition to the
minimums as listed below:
-
Tire new or slightly worn
-
New rear brakes
-
Fronts are disk at approximately 75% or new.
-
Interior and exterior excellent or new condition.
-
No stains or tears.
-
Rear tarp to be a rack and pinion style that will cover our 40yd containers.
-
Hoist is 75,000 capacity with 24’ rails.
-
Cable to be new or minimally used.
-
Hoist wear pads minimal to no wear.
-
Vehicle to be an automatic transmission.
-
Warranty to be new vehicle or until minimum of June 2027 or 300,000 miles
Cab Information
Color
White
Cab Configuration
Standard Frame
Steel (Double)
GVWR
66000
Wheelbase
279
Engine
Engine
Cummins
Engine Model
X15
HP
S00V/1850
Odometer
118186
Engine Brake
Compression
Exhaust
Single
Transmission Mfg
Allison
Transmission Speed
6 Transmission
Automatic
Steerable pusher axle 20,000
Rear Axle Weight
46000
Suspension Mfg
Chalmers
Suspension Type
854
Ratio
4.56
Lockers
2Axle
Pusher Axles
1
Steerable Pusher
Yes
Wheels/Tires
Steer Wheels
Aluminum Steer
Wheels Finish
Durabright Steer
Tire Size
425/65R22.5
Rear Wheels
Aluminum Rear
Wheels Finish
Durabright Rear
Tire Size
11R22.5
Pusher Tire Size
315/80R22.5
Fuel Tanks
Single Fuel
Tank Composition Aluminum Polished
Fuel Tanks
Yes
Fuel LH capacity
100
Body
Body Mfg
Galfab
Body capacity
75,000
Body Length
24'
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
N.J.S.A. 10:5-31 et seq. (P.L.1975, c.127)
N.J.A.C. 17:27 et seq.
GOODS, GENERAL SERVICES, AND PROFESSIONAL SERVICES CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate against any employee
or applicant for employment because of age, race, creed, color, national origin, ancestry,
marital status, affectional or sexual orientation, gender identity or expression, disability, nationality
or sex. Except with respect to affectional or sexual orientation and gender identity or expression,
the contractor will ensure that equal employment opportunity is afforded to such applicants
in recruitment and employment, and that employees are treated during employment,
without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional
or sexual orientation, gender identity or expression, disability, nationality or sex.
Such equal employment opportunity shall include, but not be limited to the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship.
The contractor agrees to post in conspicuous places, available to employees and applicants
for employment, notices to be provided by the Public Agency Compliance Officer setting
forth provisions of this nondiscrimination clause.
The contractor or subcontractor, where applicable will, in all solicitations or advertisements
for employees placed by or on behalf of the contractor, state that all qualified applicants
will receive consideration for employment without regard to age, race, creed, color, national
origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression,
disability, nationality or sex.
The contractor or subcontractor will send to each labor union, with which it has a collective
bargaining agreement, a notice, to be provided by the agency contracting officer, advising
the labor union of the contractor's commitments under this chapter and shall post copies of the
notice in conspicuous places available to employees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated
by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented
from time to time and the Americans with Disabilities Act.
The contractor or subcontractor agrees to make good faith efforts to meet targeted county
employment goals established in accordance with N.J.A.C. l7:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies
including, but not limited to, employment agencies, placement bureaus, colleges, universities,
and labor unions, that it does not discriminate on the basis of age, race, creed, color,
national origin, ancestry, marital status, affectional or sexual orientation, gender identity
or expression, disability, nationality or sex, and that it will discontinue the use of any recruitment
agency which engages in direct or indirect discriminatory practices.
The contractor or subcontractor agrees to revise any of its testing procedures, if necessary,
to assure that all personnel testing conforms with the principles of job related testing,
as established by the statutes and court decisions of the State of New Jersey and as established
by applicable Federal law and applicable Federal court decisions.
In conforming with the targeted employment goals, the contractor or subcontractor
agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to
ensure that all such actions are taken without regard to age, race, creed, color, national
origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression,
disability, nationality or sex, consistent with the statutes and court decisions of the
State of New Jersey, and applicable Federal law and applicable Federal court decisions.
The contractor shall submit to the public agency, after notification of award but prior
to execution of a goods and services contract, one of the following three documents:
Letter of Federal Affirmative Action Plan Approval;
Certificate of Employee Information Report; or
Employee Information Report Form AA-302 (electronically provided by the Division
and distributed to the public agency through the Division’s website at: http://
www.state.nj.us/treasury/contract_compliance.
The contractor and its subcontractors shall furnish such reports or other documents to
the Division of Purchase & Property, CCAU, EEO Monitoring Program as may be requested
by the office from time to time in order to carry out the purposes of these regulations,
and public agencies shall furnish such information as may be requested by the Division of
Purchase & Property, CCAU, EEO Monitoring Program for conducting a compliance investigation
pursuant to N.J.A.C. 17:27-1.1 et seq
NEW JERSEY ANTI-DISCRIMINATION PROVISIONS
N.J.S.A. 10:2-1 ET SEQ.
Pursuant to N.J.S.A. 10:2-1, if awarded a contract, the contractor agrees that:
a. In the hiring of persons for the performance of work under this contract or any subcontract
hereunder, or for the procurement, manufacture, assembling or furnishing of any such
materials, equipment, supplies or services to be acquired under this contract, no contractor,
nor any person acting on behalf of such contractor or subcontractor, shall, by reason of race,
creed, color, national origin, ancestry, marital status, gender identity or expression, affectional
or sexual orientation or sex, discriminate against any person who is qualified and available to
perform the work to which the employment relates;
b. No contractor, subcontractor, nor any person on his behalf shall, in any manner,
discriminate against or intimidate any employee engaged in the performance of work under
this contract or any subcontract hereunder, or engaged in the procurement, manufacture,
assembling or furnishing of any such materials, equipment, supplies or services to be acquired
under such contract, on account of race, creed, color, national origin, ancestry, marital status,
gender identity or expression, affectional or sexual orientation or sex;
c. There may be deducted from the amount payable to the contractor by the contracting public
agency, under this contract, a penalty of $50.00 for each person for each calendar day during
which such person is discriminated against or intimidated in violation of the provisions of the
contract; and
d. This contract may be canceled or terminated by the contracting public agency, and all
money due or to become due hereunder may be forfeited, for any violation of this section of
the contract occurring after notice to the contractor from the contracting public agency of any
SAMPLE CERTIFICATE OF EMPLOYEE INFORMATION REPORT
New Jersey Business Registration Certification
Pursuant to N.J.S.A. 52:32-44, The Township of Vernon (“Contracting
Agency”) is prohibited from entering into a contract with an entity unless the
bidder/proposer/contractor, and each subcontractor that is required by law to
be named in a bid/proposal/contract has a valid Business Registration
Certificate on file with the Division of Revenue and Enterprise Services within the
Department of the Treasury.
Prior to contract award or authorization, the contractor shall provide the
Contracting Agency with its proof of business registration and that of any
named subcontractor(s).
Subcontractors named in a bid or other proposal shall provide proof of business
registration to the bidder, who in turn, shall provide it to the Contracting Agency
prior to the time a contract, purchase order, or other contracting document is
awarded or authorized.
During the course of contract performance:
(1) the contractor shall not enter into a contract with a subcontractor unless
the subcontractor first provides the contractor with a valid proof of
business registration.
(2) the contractor shall maintain and submit to the Contracting Agency a list
of subcontractors and their addresses that may be updated from time to
time.
(3) the contractor and any subcontractor providing goods or performing
services under the contract, and each of their affiliates, shall collect and
remit to the Director of the Division of Taxation in the Department of the
Treasury, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A.
54:32B-1 et seq.) on all sales of tangible personal property delivered into
the State. Any questions in this regard can be directed to the Division of
Taxation at (609)292-6400. Form NJ-REG can be filed online at
http://www.state.nj.us/treasury/revenue/busregcert.shtml.
Before final payment is made under the contract, the contractor shall submit to
the Contracting Agency a complete and accurate list of all subcontractors
used and their addresses.
Pursuant to N.J.S.A. 54:49-4.1, a business organization that fails to provide a copy
of a business registration as required, or that provides false business registration
information, shall be liable for a penalty of $25 for each day of violation, not to
exceed $50,000, for each proof of business registration not properly provided
under a contract with a contracting agency.
Emergency Purchases or Contracts
For purchases of an emergent nature, the contractor shall provide its Business
Registration Certificate within two weeks from the date of purchase or execution
of the contract or prior to payment for goods or services, whichever is earlier.
SAMPLE BUSINESS REGISTRATION CERTIFICATE
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
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
Address
Part IV Certification
I, being duly sworn upon my oath, hereby represent that the foregoing information and any attachments
thereto to the best of my knowledge are true and complete. I acknowledge: that I am authorized to
execute this certification on behalf of the bidder/proposer; that the Township is relying on the information
contained herein and that I am under a continuing obligation from the date of this certification through the
completion of any contracts with Township to notify the Township in writing of any changes to the
information contained herein; that I am aware that it is a criminal offense to make a false statement or
misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and
that it will constitute a material breach of my agreement(s) with the, permitting the Township to declare
any contract(s) resulting from this certification void and unenforceable.
Full Name
(Print):
Title:
Signature:
Date:
Americans with Disabilities Act of 1990
The CONTRACTOR and the OWNER do hereby agree that the provisions of Title 11 of the Americans With
Disabilities Act of 1990 (the "ACT") (42 U.S.C~ S12101 et seq.), which prohibits discrimination on the basis of
disability by public entities in all services, programs, and activities provided or made available by public entities,
and the rules and regulations promulgated pursuant thereunto, are made a part of this contract. In providing any act
benefit, or service on behalf of the OWNER pursuant to this contract, the CONTRACTOR agrees that the
performance shall be in strict compliance with the Act. In the event that the Contractor, its agents, servants,
employees, or subcontractors violate or are alleged to have violated the Act during the performance of this contract,
the CONTRACTOR shall defend the OWNER in any action or administrative proceeding commenced pursuant to
this Act. The Contractor shall indemnify, protect, and save harmless the OWNER, its agents, servants, and
employees from and against any and all suits, claims, losses, demands, or damages, of whatever kind or nature
arising out of or claimed to arise out of the alleged violation. The CONTRACTOR shall, at its own expense, appear,
defend, and pay any and all charges for legal services and any and all costs and other expenses arising from such
action or administrative proceeding or incurred in connection therewith. In any and all complaints brought pursuant
to the OWNER grievance procedure, the CONTRACTOR agrees to abide by any decision of the OWNER which is
rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of
damages against the OWNER or if the OWNER must 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 frill and complete particulars of the claim. if any action or administrative
proceedings is brought against the OWNER or any of its agents, servants, and employees, the OWNER
shall expeditiously forward or have forwarded to the CONTRACTOR every demand, complaint, notice,
summons, pleading, or other process received by the OWNER or its representatives.
It is expressly agreed and understood that any approval by the OWNER of the services provided by the
CONTRACTOR pursuant to this contract will not relieve the CONTRACTOR of the obligation to comply
with the Act and to defend, indemnify, protect, and save harmless the OWNER pursuant to this paragraph.
It is further agreed and understood that the OWNER assumes no obligation to indemnify or save harmless
the CONTRACTOR, its agents, servants, employees and subcontractors for any claim which may arise out
of their performance of this Agreement. Furthermore, the CONTRACTOR expressly understands and
agrees that the provisions of this indemnification clause shall in no way limit the CONTRACTOR'S
obligations assumed in this Agreement, nor shall they be construed to relieve the CONTRACTOR from
any liability, nor preclude the OWNER from taking any other actions available to it under any other
provisions of the Agreement or otherwise at law.
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.
EXPERIENCE AND QUALIFICATIONS
This questionnaire must be filled out and submitted as a part of the Proposal. Failure to complete this form
or to provide any of the requested information will be grounds for the rejection of the bid proposal. If
additional space is required, the respondent shall add additional sheets, which identify the question being
answered.
Number of years in business under present name & address:_____________________________
If less than 5 years, list previous names and address:
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______
Within the last 5 years has the business or any officer/partner failed to complete a contract awarded to
them:______. If yes, provide the details in on a separate page.
Have any liens and lawsuits been filed against the company in the past 5 years:______________
If yes, please provide details:
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
____________________________________________________________
List similar services you are now providing for which you have signed contract, but
not yet started work:
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
____________________________________________________________________________________
List all major subcontractors to be used to complete the service and the area of their responsibility:
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______
Please provide at least 3 references below:
Name:
Phone:
Address:
Equipment/Service Provided:
Contract Amount:
Name:
Phone:
Address:
Equipment/Service Provided:
Contract Amount:
Name:
Phone:
Address:
Equipment/Service Provided:
Contract Amount:
Name:
Phone:
Address:
Equipment/Service Provided:
Contract Amount:
PAY TO PLAY ADVISORY
Disclosure Requirement
P.L. 2005, Chapter 271, Section 3 Reporting
(N.J.S.A. 19:44A – 20.27)
Any business entity that has received $50,000 or more in contracts from
government entities in a calendar year will be required to file an annual disclosure
report with ELEC.
The report will include certain contributions and contract information for the
current calendar year.
At a minimum, a list of all business entities that file an annual disclosure report will
be listed on ELEC’s website at www.elec.state.nj.us.
If you have any questions please contact ELEC at:
1-888-313-ELEC (toll free in NJ) or
609-292-8700
An analyst from ELEC’s Special Programs Section will assist you.
Initials
Part 2: Additional Information
Disclosure of Investment Activities in Iran
Person or Entity
Part 1: Certification
COMPLETE PART 1 BY CHECKING EITHER BOX.
Pursuant to Public Law 2012, c. 25, any person or entity that is a successful bidder or proposer, 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 parent entity, subsidiary, or affiliate is identified on the State Department of Treasury's
Chapter 25 list as a person or entity engaging in investment activities in Iran. The list is found on Treasury’s website
at www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf.
The Chapter 25 list must be reviewed prior to completing the below certification. If a vendor or contractor is found
to be in violation of law, action may be taken as appropriate and as may provided by law, rule or contract, including
but not limited to imposing sanctions, seeking compliance, recovering damages, declaring the party in default and
seeking debarment or suspension of the party.
I certify, pursuant to Public Law 2012, c. 25, that neither the person or entity listed above,
nor any parent entity, subsidiary, or affiliate thereof 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 am authorized to make
this certification on its behalf. I will skip Part 2 and sign and complete the Certification
below.
OR
I am unable to certify as above because the person or entity and/or a parent entity,
subsidiary, or affiliate thereof is listed on the N.J. Department of the Treasury’s Chapter
25 list. I will provide a detailed, accurate and precise description of the activities in Part 2
below sign and complete the Certification below.
PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN.
You must provide a detailed, accurate and precise description of the activities of the person or entity, or a parent entity,
subsidiary, or affiliate thereof engaging in investment activates in Iran below and, if more space is needed, on
additional sheets provided by you.
Part 3: Certification of True and Complete Information
I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any
attachments there to the best of my knowledge are true and complete. I attest that I am authorized to execute this
certification on behalf of the above-referenced person or entity.
I acknowledge that the Township 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 Township to notify the Township 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 Township and that the Township at its option may
declare any contract(s) resulting from this certification void and unenforceable.
Full Name (Print)
Title
Signature
Date
CERTIFICATION OF NON‐INVOLVEMENT IN PROHIBITED
ACTIVITIES IN RUSSIA OR BELARUS
Pursuant to N.J.S.A. 52:32-60.1, et seq. (L. 2022, c. 3) any person or entity (hereinafter “Vendori”) that seeks to enter into or
renew a contract with a State agency for the provision of goods or services, or the purchase of bonds or other obligations, must
complete the certification below indicating whether or not the Vendor is identified on the Office of Foreign Assets Control
(OFAC) Specially Designated Nationals and Blocked Persons list, available here: https://sanctionssearch.ofac.treas.gov/. If
the Department of the Treasury finds that a Vendor has made a certification in violation of the law, it shall take any action as
may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance,
recovering damages, declaring the party in default and seeking debarment or suspension of the party.
I, the undersigned, certify that I have read the definition of “Vendor” below, and have reviewed the Office of Foreign Assets
Control (OFAC) Specially Designated Nationals and Blocked Persons list, and having done so certify:
(Check the Appropriate Box)
A.
That the Vendor is not identified on the OFAC Specially Designated Nationals and Blocked Persons list on account of
activity related to Russia and/or Belarus.
OR
B.
That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially Designated
Nationals and Blocked Persons list on account of activity related to Russia and/or Belarus.
OR
C.
That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially Designated
Nationals and Blocked Persons list. However, the Vendor is engaged in activity related to Russia and/or Belarus
consistent with federal law, regulation, license or exemption. A detailed description of how the Vendor’s activity related
to Russia and/or Belarus is consistent with federal law is set forth below.
(Attach Additional Sheets If Necessary.)
Signature of Vendor’s Authorized Representative
Date
Print Name and Title of Vendor’s Authorized Representative
Vendor’s FEIN
Vendor’s Name
Vendor’s Phone Number
Vendor’s Address (Street Address)
Vendor’s Fax Number
Vendor’s Address (City/State/Zip Code)
Vendor’s Email Address
i Vendor means: (1) A natural person, corporation, company, limited partnership, limited liability partnership, limited liability company,
business association, sole proprietorship, joint venture, partnership, society, trust, or any other nongovernmental entity, organization, or group;
(2) Any governmental entity or instrumentality of a government, including a multilateral development institution, as defined in Section
1701(c)(3) of the International Financial Institutions Act, 22 U.S.C. 262r(c)(3); or (3) Any parent, successor, subunit, direct or indirect
subsidiary, or any entity under common ownership or control with, any entity described in paragraph (1) or (2).
NJ Rev. 1.22.2024
SECTION I - SUBMISSION OF BIDS
•
The Township of Vernon, Sussex County, New Jersey (hereinafter referred
to as "OWNER") invites sealed bids pursuant to the Notice to Bidders. Said
Notice Bidders is to be attached to and is considered as a part of these
General Conditions.
•
If NOT on e-procurement format as described in the LEGAL NOTICE,
sealed bids will be received by the Purchasing Agent or his/her designee
of the Township at the time and place stated in the Notice to Bidders, and
at such time and place will publicly open and real aloud all bids received.
•
The bid proposal form shall be submitted on the prescribed form with
appropriate spaces properly filled in and with all required supporting
documentation, in a sealed envelope:
o Addressed to the Township of Vernon
o Bearing the name and address of the bidder written on the face of
the
envelope
o Clearly marked "BID" with the contract title and/or BID # being
identified
o Bidders shall submit an original as well as a printed copy, clearly
labeled as “COPY”
o Bidders shall also, if indicated in notice submit their bid in CD/ Flash
Drive form.
•
It is the bidder's responsibility to see that the bid is presented to the
Township on the hour and at the place designated, including uploaded if
on e-procurement format. Bids may be hand delivered or mailed;
however, the Township disclaims any responsibility for bids forwarded by
regular or overnight mail. If the bid is sent by overnight mail, the
designation in prior bullet point, above, must also appear on the outside of
the delivery company envelope. All mailed bids must be delivered and
signed for by the Administration Office Staff ONLY. Bids received after the
designated time and date will be returned unopened.
•
Sealed bids forwarded to the Township before the time of opening of bids
may be withdrawn upon written application of the bidder who shall be
required to produce evidence showing that the individual is or represents
the principal or principals involved in the bid. Once bids have been
1
opened, they must remain firm for a period of sixty (60) calendar days.
•
All prices and amounts must be written in ink or preferably typewritten in a
word format on the bid form provided. Any discrepancies between the
words and numbers, the written word price shall prevail. Bids containing
any conditions, omissions, unexplained erasures or alteration, items not
called for in the bid proposal form, attachment of additive information not
required by the specifications, or irregularities of any kind, may be
rejected by the Township. Any changes, white-outs, strikeouts, etc. on the
proposal page must be initialed in ink by the person responsible for signing
the bid.
•
Each bid proposal form must give the full business address of the bidder
and be signed by an authorized representative. Bids by partnerships must
furnish the full name of all partners and must be signed in the partnership
name by one of the members of the partnership or by an authorized
representative, followed by the signature and designation of the person
signing. Bids by corporations must be signed in the legal name of the
corporation, followed by the name of the State in which incorporated
and must contain the signature and designation of the president,
secretary or other person authorized to bind the corporation in the matter.
When requested, satisfactory evidence of the authority of the officer
signing shall be furnished.
•
Bidders must insert prices for furnishing of the specified equipment,
materials or supplies, or for all of the materials and/or labor required by
these specifications. Prices shall be net, including any charges for
packing, crating, containers, etc. All transportation charges shall be fully
prepaid by the contractor F.O.B. destination and placement at locations
specified by the Township. As specified, placement may require inside
deliveries. No additional charges will be allowed for any transportation
costs resulting from partial shipments made at the contractor's
convenience.
•
The vendor shall guarantee any or all materials and services supplied
under these specifications. Defective or inferior items shall be placed at
the expense of the vendor. In case of rejected materials, the vendor will
be responsible for return freight charges.
•
Bidder should be aware of the following statutes that represent “Truth in
Contracting” laws:
• N.J.S.A. 2C:21-34, et seq. governs false claims and representations by
bidders. It is a serious crime for the bidder to knowingly submit a false
claim and/or knowingly make material misrepresentation.
• N.J.S.A. 2C:27-10 provides that a person commits a crime if said person
offers a benefit to a public servant for an official act performed or to be
2
performed by a public servant, which is a violation of official duty.
• N.J.S.A. 2C:27-11 provides that a bidder commits a crime if said person,
directly or indirectly, confers or agrees to confer any benefit not allowed
by law to a public servant.
• Bidder should consult the statutes or legal counsel for further information.
SECTION II - BID SECURITY I CONTRACT SECURITY
•
The following provisions if indicated shall be applicable to this bid and be
made a part of the bidding documents:
Bid Guarantee
Bidder shall submit with the bid a certified check, cashier's check or
bid bond in the amount often percent (10%) of the total price bid,
but not in excess of $20,000, payable unconditionally to the
Township of Vernon. When submitting a Bid Bond, it shall contain
Power of Attorney for fill' amount of Bid Bond from a surety
company authorized to do business in the State of New Jersey and
acceptable to the Township of Vernon.
If the bid is being conducted in an electronic only format, the
bidder shall provide for a bid guarantee that can be verified
through an electronic verification code issued by a surety agency.
The bidder may also offer an electronic image of a certified check
or cashiers check through the electronic platform and must:
Provide a physical sealed check upon and no later than the
submission deadline to the local unit clerks office and clearly
marked as the offerors response. Any late submittals of the sealed
check guarantee will be a mandatory rejection in accord with
N.J.S.A. 40A:11-23.2.
The check or bond of the unsuccessful bidder(s) shall be returned
as prescribed by law. The check or bond of the bidder to whom
the contract is awarded shall be retained until a contract is
executed and the required performance bond or other security is
submitted. The check or bond of the successful bidder shall be
forfeited if the bidder fails to enter into a contract pursuant to
N.J.S.A. 40A: 11-21. If required, failure to submit is a mandatory
cause for rejection of bid in accordance with NJSA 40A:11-23.2.
Consent of Surety
Bidder shall submit with the bid proposal a Certificate (Consent of
3
Surety) to guarantee that the surety company will furnish the
Township with the bonds required by the contract documents
within the time periods and in the amounts so specified. The surety
shall be authorized to do business in the State of New Jersey. The
Consent of Surety shall be in a form acceptable to the Township
and accompanied by (a) duly executed acknowledgements of
the respective parties; (b) a duly certified copy of a Power of
Attorney (where the Consent of Surety is executed by an agent or
other representative of the surety); (c) a duly certified extract from
the By-Laws or resolutions of Surety under which the Power of
Attorney was issued; and (d) a duly certified copy of latest
published financial statement of asset and liabilities of Surety. If
required, failure to submit is a mandatory cause for rejection of bid
in accordance with NJSA 40A:11-23.2.
Performance Bond
The successful bidder shall execute and deliver to the Township
within ten (10) days after notification of award of the contract, a
satisfactory surety bond or bonds in an amount equal to 100% of
the contract prices, upon the form prepared for and used by the
Township in statutory form with such surety companies as sureties as
shall be approved by the Township Council and qualified and
authorized to do business under the laws of the State of New
Jersey. The performance bond provided shall not be released until
final acceptance of the whole work and then only if any liens or
claims have been satisfied and any maintenance bonds required
have been executed and approved by the OWNER.
The proposal shall also be accompanied by a Consent of Surety
wherein the surety consents and agrees that if the Contract for
which the proposal is made be awarded, that it will become
bound as surety and guarantor for its faithful performance. If
required, failure to submit may be cause for rejection of bid in
accordance with NJSA 40A:11-23.2.
Labor & Material Payment Bond
Successful bidder shall with the delivery of the performance bond
submit an executed payment bond to guarantee payment to
laborers and suppliers for the labor and material used in the work
performed under the contract. If required, failure to submit may be
cause for rejection of bid in accordance with NJSA 40A:11-23.2.
4
Maintenance Bond
Successful bidder shall upon acceptance of the work submit a
maintenance bond in the amount of 100% guaranteeing against
defective quality of work or materials for the period of:
1 year
2 years
If required, failure to submit may be cause for rejection of bid in
accordance with NJSA 40A:11-23.2.
Payment Deferral
As an alternate performance guarantee, no payment shall be
made for any part of this contract until the entire contract is
completed to the satisfaction of the Township.
o Workmanship Guarantee – Contract Retention
The Contractor shall guarantee all labor and materials for a period
of
months from the date of acceptance of the work by the
Township, and he shall make all needed repairs on the work as it
progresses and during this guarantee period, except those due to
ordinary wear and tear. The Contractor agrees that, during the said
guarantee the Township may retain, out of monies payable to him
under this agreement, the sum of
percent of the amount of
the contract; and that, should he fail to make the necessary repair
at once after due notice from the Administrator or Engineer, the
Township may expend the same or so much thereof as may be
required to make the needed repairs; provided, however, that in
case of emergency, where in the opinion of the Administrator or
the Engineer it would cause serious loss or damage, the Township
may make repairs without previous notice and at the expense of
the Contractor.
Township, the Contract may provide a Maintenance Bond equal to
ten (l0%) percent of the contract value in a form approved by the
Township Attorney.
If an alternate guarantee provision is contained in the Detailed
Specifications, then this alternate guarantee provision shall prevail.
SECTION III - INTERPRETATION AND ADDENDA - BIDDERS RESPONSIBILITIES
•
All interpretations, clarifications and any supplemental instructions will be
in the form of written addenda to the specifications and will be distributed
5
to all prospective bidders. All addenda so issued shall become part of the
specification and bid documents and shall be acknowledged by the
bidder in the bid by completing the Acknowledgement of Receipt of
Addenda form. The owner’s interpretations or corrections thereof shall be
final.
•
Pursuant to N.J.S.A. 40A:11-23(c)(1) when issuing addenda, the owner shall
provide required notice prior to the official receipt of bids to any person
who has submitted a bid or who has received a bid package. They will be
sent from scanning@TheCanningGroup.org . It is recommended that the
bidder understands and agrees that its bid is submitted on the basis of the
specifications prepared by the Township. The bidder accepts the
obligation to become familiar with these specifications.
•
Bidders are expected to examine the specifications and related
documents with care and observe all their requirements. Ambiguities,
errors or omissions noted by bidders should be promptly reported in writing
to the appropriate Township official. In the event the bidder fails to notify
the Township of such ambiguities, errors or omissions, the bidder shall be
bound by the bid.
•
No oral interpretation of the meaning of the specifications will be made to
any bidder. Every request for an interpretation shall be in writing,
addressed to the Township’s representative stipulated in the bid. In order
to be given consideration, written requests for interpretation must be
received at least five (5) days prior to the date fixed for the opening of
the bids. Any and all such interpretations and any supplemental
instructions will be in the form of written addenda to the specifications,
and will be distributed to all prospective bidders, in accordance with
N.J.S.A. 40A: 11-23. All addenda so issued shall become part of the
contract documents and shall be acknowledged by the bidder in the bid.
The Township’s interpretations or corrections thereof shall be final.
•
Discrepancies in the Bid
o If the amount shown in words and its equivalent in figures do not
agree, the written words shall be binding. Ditto marks are not
considered writing or printing and shall not be used.
o In the event that there is a discrepancy between the unit prices
and the extended totals, the unit prices shall prevail. In the event
there is an error of the summation of the extended totals, the
computation by the Township of the extended totals shall govern.
•
Site Investigation & Representation
6
The bidder acknowledges that he has satisfied himself as to the nature
and location of the work, the general and local conditions, particularly
those bearing upon transportation, disposal, handling and storage of
materials, availability of labor, water, electric power, roads and
uncertainties of weather, physical conditions at the site, the conformation
and condition of the ground, the character, quality and quantity of
surface and sub-surface materials to be encountered, the character of
equipment and facilities needed preliminary to and during the
prosecution of the work and all other matters which can in any way affect
the work or the cost thereof under this contract. Any failure by the bidder
to acquaint himself with all the available information concerning these
conditions shall not relieve him from responsibility for estimating properly
the difficulty or cost of successfully performing the work
•
Deviations
All bidders shall clearly identify any deviations from the specifications at
the time the bids are opened and examined. After the contract has been
entered into, no consideration shall be given for any misunderstanding as
to work, materials set forth therein specified and indicated on drawings, it
being mutually understood that tender of a proposal carries with it an
agreement to this and other obligations set forth in the contract and
further implies full understanding of the contract document.
•
Optional Pre-Bid Conference
If stated in the Notice to Bidders and checked below:
A Pre-Bid Conference will not be held.
A pre-bid conference for this proposal will be held on
SEE TECH
SPECS
.
Attendance is not mandatory but is strongly recommended. Failure to
attend does not relieve the bidder of any
obligations or requirements.
SECTION IV - BRAND NAMES, PATENTS AND STANDARDS OF QUALITY
•
Brand names and/or descriptions used in this bid are to acquaint bidders
with the type of commodity desired and will be used as a standard by
which alternate or competitive materials offered will be judged.
Competitive items must be equal to the standard described and be of
the same quality of work Variations between materials described and the
materials offered are to be fully identified and described by the bidder on
7
a separate sheet and submitted with the bid proposal form. Vendor's
literature WILL NOT suffice in explaining exceptions to these specifications.
In the absence of any changes by the bidder, it will be presumed and
required that materials as described in the proposal be delivered.
•
It is the responsibility of the bidder to demonstrate the equivalency of
item(s) offered. The Township reserves the right to evaluate the
equivalency of an item(s) which, in its deliberations, meets its
requirements.
•
In submitting its bid, the bidder certifies that the merchandise to be
furnished will not infringe upon any valid patent or trademark and that the
successful bidder shall, at its own expense, defend any and all actions or
suits charging such infringement, and will save the Township harmless from
any damages resulting from such infringement.
•
Only manufactured and farm products of the United States, wherever
available, shall be used on this contract pursuant to N.J.S.A. 40A: 11-18.
•
Wherever practical and economical to the Township, it is desired that
recycled or recyclable products be provided. Please indicate when
recycled products are being offered.
•
Workmanship
All workmanship shall be in every respect in accordance with the best
current practice. Only skilled craftsmen, fully qualified in the various
disciplines required, shall be used in this project.
•
In submitting its bid, the bidder certifies that the goods and services to be
furnished will not infringe upon any valid patent or trademark and that the
successful bidder shall, at its own expense, defend any and all actions or
suits charging such infringement, and will save the owner harmless from
any damages resulting from such infringement.
•
The contractor shall guarantee any or all goods and services supplied
under these specifications. Defective or inferior goods shall be replaced
at the expense of the contractor. The contractor will be responsible for
return freight or
restocking charges.
SECTION V - INSURANCE AND INDEMNIFICATION
•
Insurance Requirements
o Worker's Compensation and Employer's Liability Insurance
8
This insurance shall be maintained in force during the life of this
contract by the bidder covering all employees engaged in
performance of this contract in accordance with the applicable
statute. Minimum Employer's Liability $100,000.
o General Liability Insurance
This insurance shall have limits of not less than $1,000,000 any one
person and $1,000,000 any one accident for bodily injury and
$2,000,000 aggregate for property damage and shall be
maintained in force during the life of the contract by the bidder.
o Automobile Liability Insurance
This insurance covering bidder for claims arising from owned, hired
and non-owned vehicles with limits of not less than $1,000,000 any
one person and $1,000,000 any one accident for bodily injury and
$1,000,000 each accident for property damage, shall be
maintained in force during the life of this contract by the bidder.
•
Certificate of Insurance
The contractor shall provide Certificates of the Required Insurance as
listed above along with the contract as evidence covering
Comprehensive General Liability, Comprehensive Automobile Liability,
and where applicable, necessary Worker's Compensation and Employer's
Liability Insurance. Such coverage shall be with acceptable insurance
companies operating on an admitted basis in the State of New Jersey
and shall name the Township as an additional insured. Said Certificates of
Insurance shall state specifically that the Indemnification cited below is
guaranteed by the policy. if such statement is not included in the body of
the policy shall be typed on the face or back of the certificate.
•
Indemnification
Successful bidder will indemnify and hold harmless the Township of Vernon
from all claims, suits or action and damages or costs of every name and
description to which the Township may be subjected or put by reason of
injury to the person or property of another, or the property of the
Township, including attorney’s fees and costs relating to the defense of
such claims, resulting from negligent acts or omissions on the part of the
bidder, the bidder's agents, servants or subcontractors in the delivery of
materials and supplies, or in the performance of the work under this
agreement. The Township of Vernon shall be named “Additionally
Insured” on the contractor’s insurance policy.
9
SECTION VI - PREPARATION OF BIDS
•
The Township of Vernon is exempt from any local, state or federal sales,
use or excise tax. Exemption certificates will be provided when required
•
Estimated Quantities (Open-end Contracts)
The Township of Vernon has attempted to identify the item(s) and the
estimated amounts of each item bid to cover its requirements; however,
past experience shows that the amount ordered may be different than
that submitted for bidding. The right is reserved to decrease or increase
the quantities specified in the specifications pursuant to N.J. A.C.5:34-4.9.
NO MINIMUM PURCHASE IS IMPLIED OR GUARANTEED.
•
Successful bidder shall be responsible for obtaining any applicable
permits or licenses from any government entity that has jurisdiction to
require the same. All bids submitted shall include this cost in the bid price
agreement, unless stated specifically otherwise in the Technical
Specifications.
SECTION VII - STATUTORY AND OTHER REQUIREMENTS
•
The Contractor shall familiarize himself and comply with all Federal, State
and local laws, ordinances and regulations, which in any manner affect
those engaged or employed in the, work, the materials or equipment to
be used, or the conduct of the work. No plea or misunderstanding will be
considered because of ignorance of the law.
If the CONTRACTOR observes that the Specifications or Drawings are at
variance therewith, he will give the Township prompt written notice
thereof, and any necessary changes shall be adjusted by an appropriate
modification. If the CONTRACTOR performs any work knowing it to be
contrary to such laws, ordinances, rules and regulations, and without such
notice to the Township, he will bear all costs arising there from.
The following is a list of some Laws/Regulations which MAY impact on this
contract. This list is not intended to be inclusive and is in addition to other
requirements, statutes, regulations cited in these General conditions:
•
Mandatory Affirmative Action Certification
No firm may be issued a contract unless it complies with the affirmative
action regulations of N.J.S.A 10:5-31 et seq. & N.J.A.C 17:27. Procurement,
Professional and Service Contracts
10
All successful vendors must submit, upon award the contract or the
receipt of the contract, one of the following:
o A photocopy of a valid letter for an approved Federal Affirmative
Action Plan, or
o A photocopy of an approved Certificate of Employee Information
Report, or
o If the vendor has none of the above, the public agency is required
to provide the vendor with an initial Affirmative Action Employee
Information Report (AA-302).
•
Americans with Disabilities Act of 1990
Discrimination on the basis of disability in contracting for the purchase of
bids and services is prohibited. The successful bidder is required to read
Americans with Disability language that is part of this specification and
agrees that the provisions of Title II of the Act are made a part of the
contract. The successful bidder is obligated to comply with the Act and to
hold the Township harmless.
•
Stockholder Disclosure
Chapter 33 of the Public Laws of 1977 provides that no corporation or
partnership shall be awarded any 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 or
partnership, there is submitted a statement setting forth the names and
addresses of all stockholders in the corporation or partnership who own
ten percent or more of its stock of any class, or of all individual partners in
the partnership who own a ten percent or greater interest therein. Form of
Statement shall be completed and attached to the bid proposal.
•
The New Jersey Worker & Community Right to Know Act
The manufacturer or supplier of a substance or mixture shall supply the
Chemical Abstracts Service number of all the components of the mixture
or substance and the chemical name. The manufacturer and supplier
must properly label each container. Further, all applicable Material Safety
Data Sheets (MSDS) - hazardous substance fact sheet- must be furnished.
•
VOC REQUIREMENT
The Contractor shall use on the job site only chemicals and cleaning
products that do not exceed the national Volatile Organic Chemical
11
(VOC) limitations rule(s) published by the U.S. Environmental Protection
Agency (EPA).
•
Non-Collusion Affidavit
The Non-Collusion Affidavit, which is part of these specifications, shall be
properly executed and submitted with the bid proposal.
•
Safety & Protection
The Contractor will be responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the
work. He will take all necessary precautions for the safety of; and will
provide the necessary protection to prevent damage, injury or loss to all
employees on the work and other persons who may be affected by the
work and all public/private property at the site or adjacent to the work
area. The Contractor will be solely responsible for compliance with all
relevant State and Federal Law and Regulation governing construction
activities and practices.
•
Other Related Statutes
o TITLE 40A, Chapter 11, Public Contract Law.
o TITLE 34, Chapter 2, concerning employment of child labor;
Chapter 5, concerning safety codes for workers in the construction
industry together with the rules and regulations of the State
Department of Labor and Industry, Chapter 10, concerning
establishment of an eight-hour working day for laborers, workmen
and mechanics.
o TITLE 52, Chapter 34, concerning the payment of commissions,
percentage, brokerage or contingent fees to solicit or secure the
contract.
•
Release of All Liens
Prior to the final payment the contractor shall provide a certification that
all liens relating to the contract have been satisfied or will be satisfied
though the receipt of the final payment.
•
New Jersey Business Registration Certification
All contractors and businesses must submit with their bid proof that they
are properly registered with the Department of Treasury of the State of
12
New Jersey pursuant to Chapter 57 of the laws of 2004. This certificate
must be provided in accordance with current applicable New Jersey
State Law. For any proposal involving subcontractors, the Business
Registration Certificate must be provided for both the contractor and
each subcontractor required to be listed in the bid document. See
attached detailed information on this requirement.
The contractor shall provide written notice to its subcontractors of the
responsibility to submit proof of business registration to the contractor.
Before final payment is made the contractor shall submit an accurate list
and the proof of business registration of each subcontractor or supplier
used in the fulfillment of the contract or shall attest that no subcontractors
were used. For the term of the contract, the contractor and each of its
affiliates and a subcontractor and each of its affiliates [N.J.S.A. 52:32-
44(g)(3)] shall collect and remit to the Director, N.J. Division of Taxation,
the use tax pursuant to the Sales and Use Tax Act on all sales of tangible
personal property delivered into the State, regardless of whether the
tangible personal property is intended for a contract with a contracting
agency.
•
New Jersey Anti-Discrimination
The contract for this bid shall require that the contractor agrees not to
discriminate in employment and agrees to abide by all the anti-
discrimination laws, including but not limited to N.J.S.A 10:2-1 as included
in this packet.
•
Pay-to-Play Legislation
Pursuant to P.L. 2005, c.271, s3 any business entity that has received
$50,000 or more in a calendar year through agreements or contracts with
public entities, must file an annual disclosure statement with the
Commission. The Business Entity Annual Statement (Form BE) and filing
instructions can be found at www.elec.state.nj.us.
•
Disclosure of Investment Activities in Iran
N.J.S.A. 52:32-55 prohibits state and local public contracts with persons or
entities engaging in certain investment activities in energy or finance
sectors in Iran. Bidders must indicate if they comply with the law by
certifying the form Pursuant to N.J.S.A. 40A:11-2.1 the owner is required to
notify the New Jersey Attorney General if it determines a false certification
has been submitted.
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SECTION VIII - BID OPENING I ANALYSIS & AWARD
•
Acceptance of Bids
The Township of Vernon reserves the right to waiver any immaterial defect
or informality in any bid and reserves the right to accept that bid or
portion thereof which, in its judgment is in the best interest of the Township.
The Township of Vernon also reserves the right to reject any or all bids. Any
bid received after the time and date specified shall not be considered.
•
Bid Opening
All Bidders or their authorized agents are invited to be present when the
bids are opened and read publicly. All bids may be inspected at this time.
No bid may be withdrawn after the specified opening time and date.
Once opened, all bids become the property of the Township of Vernon
and will not be returned to the bidders.
All supply/ service contracts shall be for twelve (12) consecutive months
unless otherwise noted in technical or supplemental specifications.
The Township of Vernon may award the work on the basis of the Base Bid,
or the base bid combined with such Alternates as selected, until a net
amount is reached which is within the funds available.
If the award is to be made on the basis of Base Bids only, it will be made
to that responsible bidder whose Base Bid, therefore, is the lowest. If the
award is to be made on the basis of a combination of a Base Bid with
Options, it will be made to that responsible bidder whose net bid on such
combination is the lowest.
The Township of Vernon may also elect to award the work on the basis of
line items or unit prices, whichever results in the lowest total amount.
If the procurement is a Competitive Contract as allowable under
N.J.S.A.40A:11-4.1 et. Seq., the basis of award shall be upon Price and
Other Factors as contained within N.J.A.C. 5:34-1 et. Seq.,
•
Contract Award
Should the Township decide to award the contract, it shall notify the
successful bidder in writing within sixty (60) days of receipt of bids. Should
a successful bidder fail or refuse to execute and deliver such contract,
14
certificates of insurance, required stated documentation and bonds
within ten (10) days after receipt of Notice of Award, or within such other
time period as specified in the technical specifications, the Township may
revoke the acceptance of his proposal and the bidder shall become
liable for any difference in the proposal awarded and the amount of the
contract which the Township may be obliged to award to another
because of the refusal or omission of a successful bidder to execute and
deliver the contract and bonds aforementioned, together with any sums
which the Township may be obliged to spend by reason for the default of
the bidder
The successful bidder will not assign any interest in this bid and shall not
transfer any interest in the same without the prior written consent of the
Township.
SECTION IX - REJECTION OF BIDS
Bids may be rejected for any of the following reasons:
•
All bids pursuant to N.J.S.A. 40A:11-13.2;
•
If more than one bid is received from an individual, firm or partnership,
corporation or association under the same name;
•
Multiple bids from an agent representing competing bidders;
•
The bid is inappropriately unbalanced;
•
The bidder is determined to possess, pursuant to N.J.S.A. 40A:11-4b, Prior
Negative Experience; or,
•
If the successful bidder fails to enter into a contract within 21 days,
Sundays and holidays excepted, or as otherwise agreed upon by the
parties to the contract. In this case at its option, the owner may accept
the bid of the next lowest responsible bidder. (N.J.S.A. 40A:11-24b)
SECTION X - CONTRACT ADMINISTRATION
•
Contract Documents
The Contract documents shall consist of the Contract, the drawings, the
Specifications, and all modifications and addenda incorporated prior to
execution of the Contract. All the documents are intended to supplement
each other and together constitute a complete set of specifications.
The specifications are intended to require and include all work,
equipment, and materials necessary for proper completion of the work
15
contemplated. If in any case the specifications do not show, note or
otherwise require some work, equipment or material necessary for that
purpose, the Contractor shall, nevertheless, provide same to fulfill the true
intent and purpose of the specifications.
•
Inspection
The Business Administrator and the Engineer shall have the right to inspect
all materials and work done during any phase of construction, fabrication,
or manufacture. The Contractor shall furnish all reasonable facilities and
aid to the Engineer and safe and convenient means for the examination
and inspection of any part of the work.
•
Authority to Withhold Payment
The Business Administrator or the Engineer, because of subsequently
discovered evidence, may cause to be withheld or cause to be nullified,
the whole or a part of any payment to such extent as may be necessary
to protect the Township from loss because of
o Defective work, materials or equipment not corrected; improper
work performed; disapproved substitution of material or equipment
specified.
o Claims filed or reasonable evidence indicating the probability of
claims being filed.
o Failure of the Contractor to make payments properly to
subcontractors or for material or labor.
o A reasonable doubt that the contract can be completed for the
balance then unpaid.
o Damage to another contract, agency, governing body,
corporation or person.
o When the above grounds are removed, payment shall be made
for amounts withheld because of them.
•
Financial Procedures
Payment in full shall be made upon the completion of the contract
requirements of the specifications. Partial payments shall be made if the
required work or equipment can be completed in stages and if previously
agreed to by the Administrator. All payments shall be approved by the
Township Council at their bi-monthly meeting within the later of 60 days of
16
a properly prepared executed invoice or 60 calendar days from the date
of goods and services were received and certified by an officer of the
organization, in accord with N.J.S.A 40A:5-16(b). Late payment interest
shall be made within 30 calendar days of the date of the contracting unit
making the late payment and interest shall be in accord with the rate
specified by the State Treasurer for State late payments pursuant to
N.J.S.A. 52:32-35. The contracting unit shall not be responsible for late
payments due to circumstances beyond the control of the contracting
unit, including but not limited to a strike or natural disaster.
A properly executed invoice shall mean an invoice containing sufficient
detail for the payment to be made.
Vouchers shall be submitted at least 10 days prior to this meeting for
inclusion upon the agenda. Only properly executed Township vouchers
may be used for payments.
Partial payment shall be made on the basis of a certified an approved
estimate of work completed. Ten percent (10%) of the amount of each
invoice shall be retained by the Township as security for faithful
performance and completion of work. The Township shall not make late
payment penalties unless the goods and services have been rendered.
•
Timeliness
o Commencement of Work
The Contractor shall commence work on the project within
working days from the date of execution of the
contract by the Township. (Working days excludes Saturdays,
Sundays and Designated Township Holidays)
o Completion of Work
The Contractor shall complete all of the work required in these
specifications within
working days after commencing
work as required in Section I above.
•
Term of Contract – Liquidated Damages
The terms of this contract shall be completed within the time specified for
completion of the work. The Township reserves the right to extend this term
of the contract upon application by the contractor providing evidence of
circumstances beyond the control of the contractor preventing his
successful completion of the contract.
17
In the case the Contractor shall fail to complete the work within the time
fixed for such completion, or within the time to which such completion
may have been extended, the Contractor shall pay to the Township in the
sum of
dollars for each and every working day
that the time consumed in completing the work exceeds the time allowed
therefore; starting at twelve (12 o'clock) midnight of the date set for
completion of the contract, which said sum, in view of the difficulty or
accurately ascertaining the loss which the Township will suffer by reason of
delay in the completion of the work hereunder is hereby fixed and agreed
as the liquidated damages that the Township will suffer by reason of such
delay, and not as a penalty. The Township will deduct and retain out of
the monies which may become due hereunder, the amount of any such
liquidated damages.
•
The successful bidder/ contractor shall not assign transfer, convey, sublet
or otherwise dispose of any interest in this contract without the prior written
consent of the Township.
SECTION XI - TERMINATION OF CONTRACT
•
If through any cause, the successful bidder shall fail to fulfill in a timely and
proper manner obligations under this contract or if the contractor shall
violate any of the requirements of this contract, the Township shall
thereupon have the right to terminate this contract by giving written
notice to the contractor of such termination and specifying the effective
date of termination. Such termination shall relieve the Township of any
obligation for balances to the contractor of any sum or sums set forth in
the contract.
•
Notwithstanding the above, the contractor shall not be relieved of liability
to the Township for damages sustained by the Township by virtue of any
breach of the contract by the contractor and the Township may withhold
any payments to the contractor for the purpose of compensation until
such time as the exact amount of the damage due the Township from the
contractor is determined.
•
The contractor agrees to indemnify and hold the Township harmless from
any liability to subcontractors / suppliers concerning payment for work
performed or goods supplied arising out of the lawful termination of the
contract by the Township under this provision.
•
In case of default by the successful bidder, the Township may procure the
articles or services from other sources and hold the successful bidder
responsible for any excess cost occasioned thereby.
•
The Township shall have the right to declare the Contract in default in any
18
of the following eventualities:
o The Contractor becomes insolvent or a voluntary or involuntary
petition in bankruptcy be filed by or against the Contractor.
o The Contractor makes an assignment for the benefit of creditors
pursuant to the Statutes of the State of New Jersey.
o The Contractor fails to commence work when notified to do so by
the Business Administrator or the Engineer.
o The Contractor shall abandon the work.
o The Contractor shall refuse to proceed with the work when and as
directed by the Business Administrator or the Engineer.
o The Contractor shall without just cause, reduce his working force to
a number which, if maintained, shall be insufficient, in the opinion
of the Administrator or the Engineer, to complete the work in
accordance with the approved Progress Schedule, and shall fail or
refuse to sufficiently to increase such working force when ordered
to do so by the Administrator or Engineer.
o The Contractor shall sublet, assign, transfer, convey or otherwise
dispose of this Contract other than as herein specified.
o A receiver or receivers are appointed to take charge of the
Contractor's property or affairs.
o The Business Administrator or Engineer shall be of the opinion that
the Contractor is or has been unnecessarily, unreasonably, or
willfully delaying the performance or completion of the work, and
the awards of necessary sub-contractors, or the placing of
necessary material and equipment orders.
o The Business Administrator or Engineer shall be of the opinion that
the Contractor is or has been willfully or in bad faith violating any of
the provisions of this contract in good faith and in accordance with
its terms.
o The work is not completed within the time herein provided
therefore or within the time to which the Contractor may be
entitled to have such completion extended.
Before the Township shall exercise its right to declare the
Contractor in default by reason of the conditions set forth above,
19
the Contractor shall be given an opportunity to be heard. The right
to declare in default, for any of the grounds specified or referred to
herein, shall be exercised by sending the Contractor a
notice signed by the Business Administrator, setting forth the ground
or grounds upon which such default is declared. Upon receipt of
such notice, the Contractor shall immediately discontinue all further
operations under this contract and shall immediately quit the site,
leaving UNTOUCHED all plant, materials, equipment, tools and
supplies then on the site.
The Township, after declaring the Contractor in default, shall then
have the work completed by such means and in such manner, by
contract with or without public letting, or otherwise, as the
Township shall deem advisable, utilizing for such purposes any of
the Contractor's or Sub-contractor's plant, materials, equipment,
tools and supplies remaining on the site, as shall be deemed to be
available.
After such completion, the Township shall certify the expense
incurred in such completion, which shall include the cost of relating
as well as the total amount of liquidated damages (at the rate
provided for) from the date when the work should have been
completed by the Contract, in accordance with the terms hereof
to the date of actual completion of the work. Such certifications
shall be binding and conclusive upon the Contractor, his Sureties,
and any person claiming under the contract, as to the amount
thereof.
The expense of such completion, as so certified by the Township
shall be charged against and deducted from such monies as
would have been payable to the Contractor, if he had completed
the work; and the balance of such monies, if any, subject to the
other provisions of this Contract, shall be paid to the Contractor
without interest after such completion. Should the expense of such
completion, so certified by the Township, exceed the total sum
which would have been payable under this contract if the same
had been completed by the Contractor, any such excess shall be
paid by the Contractor to the Township upon demand.
•
Continuation of the terms of this contract beyond the fiscal year is
contingent on availability of fluids in the following year's budget. In the
event of unavailability of such funds, the Township reserves the right to
cancel this contract.
•
The contractor shall maintain all documentation related to products,
20
transactions or services under this contract for a period of five years from
the date of final payment. Such records shall be available to the New
Jersey Office of the State Comptroller upon request.
SECTION XII - DISPUTE RESOLUTION
Any dispute arising under this Contract shall be resolved in accordance with and
subject to the provisions contained in N.J.S.A. 40A: 11-41.1 as outlined below.
Nothing in this section shall prevent the Township from seeking injunctive or
declaratory relief in court at any time.
•
All remedies provided elsewhere in the contract and/or specifications
governing the project in dispute shall be exhausted prior to initiating this
Dispute Resolution process. Where the Township, its engineer or architect,
or its administrative authorities are required by contract or specifications
to issue a decision, such decision must be rendered within the time
constraints in said contract prior to proceeding to resolve the dispute in
accordance with this section
•
Prior to litigation, the Township and contractor shall endeavor to settle
disputes by mediation in accordance with the current Construction
Industry Mediation Rules of the American Arbitration Association. The
demand for mediation shall be filed in writing with the other party to the
Contract and with the American Arbitration Association, with a copy to
the Administrator, Engineer or Architect for the project. This demand must
cite the specifics of the dispute and the relevant remedies sought.
o In no event shall a demand for mediation be made more than 30
days after the decision in dispute is rendered by the Township, its
engineer, architect, or administrative authorities, nor more than 30
days after the completion and acceptance of the work and
issuance of final payment, nor after the institution of legal or
equitable proceedings unless specifically agreed to by all parties to
the dispute.
o Nothing herein shall be construed to prevent the Township and
contractor from agreeing to an alternate dispute resolution
procedure in lieu of or in addition to mediation.
•
This Dispute resolution procedure shall not prevent the Township from
notifying any performance guarantor (surety) or maintenance guarantor
(surety) of the dispute and requesting the surety's assistance in resolving
any disputes with involve the contractor's performance or lack thereof
21
•
Default Provisions
For those contracts which do not require a Performance Bond, the
following DEFAULT PROVISIONS govern:
o If the contractor fails to complete the required work within the number
of days specified in the contract or abandons the required work for
working days and fails to commence working within 3
calendar days after receiving Notice of Default from the Township,
then the contractor is declared to be in fault of the contract. In
instances of the default of a contract, the Township of Vernon reserves
the right to immediately have the specified work completed by an
alternate contractor and the cost of this completion deducted from
any and all monies owed to the original contractor. If insufficient funds
are not available within the value of the original contract, then the
contractor shall be liable for any and all extra costs incurred by the
Township in completing the specified work.
SECTION XIII - OTHER PROVISIONS
•
Both parties agree to comply with all requirements of the Federal Health
Insurance Portability and Accountability Act of 1996 (“HIPAA”) as maybe
amended from time to time, and the corresponding HIPAA regulations for
the confidentiality and security of medical information. If awarded the
bid, the contractor shall:
o Not use or disclose protected health information other than as
permitted or required by law
o Use appropriate safeguards to protect the confidentiality of the
information
o Report any use or disclosure not permitted
•
The contractor, by execution of the contract, shall thereby indemnify and
hold the owner harmless from any and all liabilities, claims, actions, costs
and penalties which may be incurred as the result of the failure of the
contractor to comply with the requirements of the Health Insurance
Portability and Accountability Act (HIPAA) or any other statute or case
law protecting the privacy of persons using its services.
•
The owner shall retain all of its rights and interest in any and all documents
and property both hard copy (if applicable) and digital furnished by the
owner to the successful bidder (contractor) for the purpose of assisting the
contractor in the performance of this contract. None of the documents
and/or property shall, without the written consent of the owner, be
disclosed to others or used by the contractor or permitted by the
contractor to be used by their parties at any time except in the
22
performance of the resulting contract.
•
The contractor shall not have the right to use, sell, or disclose the total of
the interim or final work products, or make available to third parties,
without the prior written consent of the owner. Any information supplied to
the owner may be required to be supplied on CD/DVD or USB flash drive
media compatible with Microsoft Windows, and Microsoft Office Suite
2010 or greater.
•
Under state and federal statutes, certain government records are
protected from public disclosure. The owner, the contractor and any
subcontractors have a responsibility and an obligation to safeguard from
public access an employee's personal information with which it has been
entrusted when disclosure thereof would violate the employee's
reasonable expectation of privacy. All payroll, personnel and health
insurance related files are confidential. Additionally, the contractor and
any subcontractors may be privy to sensitive law enforcement information
or investigations during their review which must remain confidential. The
owner retains the right to make any public disclosure under the law. Also,
among government records deemed confidential are administrative or
technical information regarding computer hardware, software and
networks that, if disclosed, would jeopardize computer security. The
contractor and any subcontractor(s) are prohibited from the sale or
distribution of all supplied information to any third party.
•
Proof of licensure for any activity regulated by the State of New Jersey
and required to do the work required under this specification, for either
the firm or the person responsible for the work, shall be provided as
required by the owner.
23
24
THIS AGREEMENT made and entered into this day of , 2024
BETWEEN:
TOWNSHIP OF VERNON,
a municipal corporation of the State of New Jersey, with offices located at the Municipal Building, 21 Church Street,
Vernon, N.J. 07462, party of the first part, and hereinafter designated as the “TOWNSHIP”, and:
vendor name and address:
WHEREAS, the TOWNSHIP duly received public bids for
Bid 2-2024 Fire Apparatus Repair
WHEREAS, the Mayor and TOWNSHIP Council have accepted the bid of the contractor and authorized the execution
of this Agreement as cited below.
NOW THEREFORE THE CONTRACTOR AND THE TOWNSHIP, in consideration of the mutual covenants
herein, DO HEREBY AGREE AND CONTRACT as follows:
1.
The Contractor shall and will provide all materials and perform all work required to complete all work in
accordance with the Specifications and Contract Documents cited above to provide the following:
Bid 2-2024
For the Term of _______ Years from ______________, 2024 through ___________________20,__
The above documents, supplements and addenda are incorporated by reference and made a part of this
contract. All documents are intended to supplement each other and together
constitute a complete set of
Specifications.
2.
The Contractor declares and agrees that he will be responsible for the full performance and completion of
all work to be done under this contract and by the execution hereof admits that he has carefully informed
himself respect all conditions at the site and pertaining to the work to be done. All work shall be done in a
workmanlike manner and in accordance with all applicable laws and regulations.
3.
The TOWNSHIP will pay by Voucher and the Contractor will accept in full payment and consideration
for performance of the Contractor’s obligations hereunder:
Bids as attached
4.
All increases in labor rates and material costs that may develop during the performance of
the work
contemplated by this contract shall be assumed by the Contractor.
5.
It is expressly understood that the parties hereof that this contract includes where applicable, the tenets,
general conditions and legal requirements as complete within proposal November 21, 2023, as the source
of the scope of work and measures of successful performance of the contract.
6.
In addition to all other remedies and relief provided by other contract documents, including the
Specifications, the Contract shall indemnify, hold and save harmless the Owner, its agents and all
representatives thereof, from and against all loss, injury, cause of action, damage and liability to person or
property in whatever form and will forever defend in the name of and on behalf of the Owner every suit
or cause of action, even if groundless, seeking to enforce any such loss, injury, cause of action, damages
and liability to person and property by reason of, arising out of, or in connection with this contract or
contract documents, or the failure or neglect or conditions, the aforesaid being in addition to any other
right or remedy which the Owner may have against the contractor
in law or equity or otherwise.
7.
The Contractor covenants and agrees that anything in this contract or in the contract documents to the
contrary not-withstanding, or regardless of any matter, thing, contingency or conditions, unforeseen, or
otherwise, present or future, the Contractor shall not be entitled to receive any additional or further sums
of money than the amounts
in said contract documents provided, and the failure of the Owner to
insist upon strict performance of any terms, covenants, agreements, provisions or conditions in this
contractor in the contract documents, in any one or more instances, shall not be construed as a waiver
or relinquishment, for the future of any such terms, covenants, agreements, provisions and conditions, the
same shall be the remain in full force and effect with power and authority on the part of the Owner to
enforce the same or cause the same to be enforced at any time, without prejudice to the other rights which
the Owner may have against the Contractor under this contract or the contract documents.
8.
This contract shall inure to the benefit of and be binding to the parties hereto, their respective heirs,
executors, administrators, successors and assigns, but it is expressly understood, covenanted, and agreed
that this contract shall not be assigned, sold, subcontracted, pledged, mortgaged or set over the Contractor
to any person, firm, corporation or association, except upon the expressed written consent of the Owner.
9.
During the performance of this contract the Contractor agrees that he will fully comply with the
Affirmative Action Requirements as outlined in the Specifications annexed to and incorporated in full in
this contract document (P.L. 1975, c.127.).
IN WITNESS WHEREOF, the said party of the first part has caused this instrument to be signed by its Mayor, attest
by its Clerk and its official seal to be hereto affixed, and the said party of the second part has hereunto set his hand and
seal or caused these presents to be signed by its proper officers and its corporate seal to be hereto affixed, the day and
year first above written.
ATTEST:
TOWNSHIP OF VERNON
_____________________________
___________________________________
ATTEST:
VENDOR NAME
_____________________________
____________________________________
--- Document: Proposed Athletic Field Lighting at Veteran's Mem. Park ---
TOWNSHIP OF VERNON
NOTICE TO BIDDERS
Notice is hereby given that sealed bids will be received by the Township of Vernon for PROPOSED
ATHLETIC FIELD LIGHTING AT VETERANS' MEMORIAL PARK in the Township of Vernon.
Bids will be opened and read in public at the Vernon Municipal Building, 21 Church Street, Vernon, New
Jersey 07462 on DECEMBER 6, 2023 at 10:00 AM, prevailing time.
Specifications and Forms of Bids for the approved work prepared by Cory L. Stoner, P.E., C.M.E. Township
Engineer, of Harold E. Pellow & Associates, Inc., and approved by the Township Council, have been filed
in the office of said Engineer at 17 Plains Road, Augusta, New Jersey 07822 (phone number 973-948-
6463). Prospective bidders must contact the Engineer's office between the business hours of 8:00 AM to
4:30 PM, Monday through Friday, to discuss arrangements for the purchase and delivery of the bid
package. Bid packages can only be obtained electronically or by mail. Electronic copies of the bid package,
at no charge, may be obtained by contacting the Engineer at the before mentioned phone number. Hard
copies of the bid package may also be obtained by contacting the Engineer by phone or by mail and will be
mailed upon receipt of payment of $80.00 for the cost of preparation, none of which is refundable.
Prospective Bidders shall telephone at least twenty-four (24) hours, or at least one (1) business day, in
advance to reserve Bidding Documents, Plans, and Specifications.
Bids must be made on Standard Proposal Forms in the manner designated therein and required by the
Specifications, must be enclosed in sealed envelopes, bearing the name and address of the bidder and
name of the Project on the outside: addressed to the "Municipal Clerk" for the Township of Vernon and
clearly marked on the outside "BID FOR PROPOSED ATHLETIC FIELD LIGHTING AT VETERANS'
MEMORIAL PARK", and must be accompanied by a notarized Non-Collusion Affidavit; Consent of Surety:
Disclosure Statement; Bid Document Submission Checklist: Certified Check or Bid Bond for not less than
ten percent (10%) of the amount bid, provided said check or bid bond need not be more than $20,000.00
(twenty thousand dollars) nor shall it be less than $500.00 (five hundred dollars): Business Registration
Certificate, provided by the New Jersey Division of Revenue according to State of New Jersey Mandate
P.L. 2004 c.57 (N.J.S.A. 52:32-44) for the bidder and proposed subcontractors; Statement of Corporate
Ownership pursuant to N.J.S.A. 52:25-24.2; listing of Subcontractors as required by N.J.S.A. 40A:11-16; if
applicable, Bidder's Acknowledgment of Receipt of any Notice(s) of Revision(s) or Addenda to an
Advertisement, Specifications, or Bid Documents; Certification Regarding Disclosure of Investment
Activities in Iran Pursuant to P.L.2021, c.4; and be delivered at the place on or before the hour named
above. The Standard Proposal Form, Non-Collusion Affidavit, and Disclosure Statement are attached to
the Supplementary Specifications, copies of which will be furnished upon application to the Township
Engineer. The delivery or non-delivery of the bid proposal is the sole responsibility of the bidder.
The Township of Vernon is not responsible for any bid proposals that are either mailed or overnight
delivered that do not arrive at the prevailing bid time and location.
Bidders are required to comply with the provisions of the New Jersey Local Public Contracts Law (N.J.S.A.
40A:11 et seq.) and the requirements of the Public Works Contractor Registration Act.
Bidders are required to comply with the requirements of N.J.S.A. 10:2-1 et seq., "The Law Against
Discrimination" and Affirmative Action, N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1.1 et seq.
The Township Council reserves the right to reject any or all bids or parts thereof.
By Order of the Township Council.
Signed: Marcy Gianattasio, Municipal Clerk.
--- Document: Bid 12-2023 Snow Plowing and Removal Bid ---
TOWNSHIP OF VERNON
COUNTY OF SUSSEX
STATE OF NEW JERSEY
BID 12-2023
FAIR & OPEN PUBLIC SOLICITATION PROCESS PURSUANT TO N.J.S.A. 19:44A-20.5 ET SEQ.
SNOW PLOWING AND REMOVAL BID
VENRON TOWNSHIP
DEPARTMENT OF PUBLIC WORKS
Due
November 21, 2023 at 9:00 A.M.
Howard Burrell, Mayor
Natalie Buccieri, Council President
Patrick Rizutto, Council Vice President
Margaret Distasi, Councilperson
Bradley Sparta, Councilperson
Joseph Tadrick, Councilperson
Marcy Gianattasio, Township Clerk
NOTICE TO BIDDERS
Notice is hereby given that on November 21, 2023 at 9:00 A.M. (Prevailing time),
electronically sealed bids will be opened and conducted in electronic platform
in accord with N.J.A.C. 5:34-1 et. Seq., on BidNet Direct
at www.bidnetdirect.com//vernontownship at which time and place the sealed bids
will be opened publicly and read for the following:
Bid # 12-2023 SNOW PLOW AND REMOVAL BID
Bids shall be electronically uploaded, no physical bids shall be received, opened or
honored.
NOTE:
It is the bidder’s responsibility to ensure that the bid package is delivered by the bid
opening date and time. Any bid document received after the deadline established by
the Department of Purchasing will not be accepted, regardless of the method of delivery.
Submission of Bid:
If indicated, bid proposals must be accompanied by a certified check, cashier’s check,
or bid bond in the amount of ten per centum (10%) of the total amount of the bid, but
not in excess of twenty thousand ($20,000) dollars and made payable to the Township of
Vernon. If bids are to be submitted electronically in accord with this notice, then the
bidder shall submit a copy of the bid guarantee with electronic submittal and mail PRIOR
to bid opening the original to the Municipal Clerks office 21 Church St., Vernon, N.J.
The bid bond may also be provided in certified check and cashiers check in accord
with provisions within general requirements of this bid.
Contract documents may be obtained from the bid platform, for zoom opening
information contact the Qualified Purchasing Agent at:
Sean P. Canning, QPA
scanning@TheCanningGroup.org
The Township of Vernon does not release the project estimate.
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.
Bid Tabulation:
Bid results will be posted on BidNet Direct at www.bidnetdirect.com//vernontownship
within 24 hours of the bid opening.
This bid has been advertised in accordance with the “Fair and Open Basis” and nothing
further shall be required under the Pay-to-Play Legislation (N.J.S.A. 19:44A-20.5).
November 10, 2023
Tina Kraus
Township Business Administrator
Administrative Documents
Applicable
to Bid if
marked “X”
DOCUMENTATION REQUIRED OR REVIEWED
Initials
When Due
Bid Guarantee (Bid Bond or Certified/Cashier’s Check) (with
POA for full amount of Bid Bond)
With Bid
Submission
Consent of Surety (Certificate from Surety company)
With Bid
Submission
Performance Bond and Labor and Material Payment Bond
(Required from the Awarded Contractor)
At signing of
contract
Maintenance Bond in the Amount of 100 % for a period
indicated in “General Conditions” Required from the Awarded
Contractor Upon Acceptance of Project
Upon
Acceptance of
Project
Acknowledgement of Receipt of Addenda (To be Completed
if Addenda are Issued)
With Bid
Submission
X
Ownership Disclosure Form
With Bid
Submission
Named Subcontractors in Bid for Listed Specialty Trades
With Bid
Submission
Public Works Contractor Registration Certificate(s) for the
Bidder and all Sub Contractors
Prior to Award,
but effective at
time of bid
X
Business Registration Certificate – Bidder and all Sub
Contractors
Prior to
Contract
Award
X
Non-Collusion Affidavit
With Bid
Submission
X
Experience and Qualifications
With Bid
Submission
X
Insurance and Indemnification Certificate
Prior to
Contract
Award
X
Disclosure of Investment Activities in Iran Form
Prior to
Contract
Award
Federal debarment Form
Prior to
Contract
Award
Prevailing Wage Certification (PL 2021, C301)
Prior to
Contract
Award
X
Equipment Certification
With Bid
Submission
X
EEO/AA Form AA-201
After Notice of
Award, Prior to
Signing
Contract
EEO/AA Form AA-302 or Letter of Federal Approval or
Certificate of Employee Information Report
After Notice of
Award, Prior to
Signing
Contract
X
Bidder’s Checklist
With Bid
Submission
This checklist is provided for bidder’s use in assuring compliance with required documentation; however, it does
not include all specifications requirements and does not relieve the bidder of the need to read and comply with
the specifications.
Bidder
Name:
Date:
Authorized
Representative:
Signature:
Print Name &
Title:
SNOW PLOW & REMOVAL BID
1.0 PURPOSE AND INTENT
The Invitation for bid (BID) is being issued by the Township of Vernon. The purpose of this BID is to
solicit proposals for SNOW PLOWING AND REMOVAL SERVICES within the limits of various private
communities within the Township of Vernon, New Jersey. Through its Department of Public Works
(DPW), the Township of Vernon (Township) is seeking to procure fully manned and operated trucks
to perform these services from the time of execution of this contract for a base bid period of three
(3) years with two (2) optional one (1) year renewal options. The Township is responsible for providing
plowing and de-icing services for over 174 miles of roadway in roughly a 68 square mile area.
Township snow
operations are managed by the Department of Public Works and require a number of supplemental
plow trucks to clear the snow from curb to curb and provide de-icing services in the same fashion in
a number of private communities. The Township shall request proposals be provided as all-inclusive
hourly rates by class of truck or task as defined herein.
Contractors will be responsible for their equipment in its entirety. The Township will accept no
responsibility for damage to or caused by plow equipment under the Contractor’s control. The
Contractor will be required to provide for ALL operation and maintenance costs associated with their
operations.
The intent of the BID is to award one or multiple contracts (up to 6 depending on the number of
private communities per contract) to qualified, responsible vendors whose submissions conform to
this BID and provide the best overall value to the Township, price and other factors considered.
2.0 DESCRIPTION OF SERVICES
2.1 Core Services
The work to be performed under this BID consists of providing various classifications of trucks to plow
snow and/or apply de-icing materials by vendor truck(s) and driver (s) when and where directed by
the Director of Public Works or their designee for a period of three years from the date of contract
execution with two optional one year renewals to be exercised at the sole discretion of the
Township. A Contractor MUST submit pricing for the core services to have their proposal deemed
responsive.
Approximately 55 miles of roadway are covered in 5 private communities.
2.2 Minimum Requirements
The successful bidder shall be required to have the following minimum equipment
available to respond as required if bidding on ALL communities:
Fifteen (15) Class B Trucks
Five (5) Class C Trucks
The successful bidder is required to provide equipment inclusive of all operating costs
including but not limited to; operator, fuel, insurance, maintenance, repairs etc.
The successful bidder shall be required to have the following minimum equipment
available to respond as required if bidding per individual community:
EXHIBIT A
Individual Community Bids Class B Trucks Class C Truck
Equipment
Minimum
Amount of
Sanders
Total Vehicles
Highland Lakes *
8
3
Loader or
equivalent for
loading salt
8
11
Barry Lakes*
5
1
Loader or
equivalent for
loading salt
3
6
Lake Panorama
2
1
2
Lake Wallkill*
2
Loader or
equivalent for
loading salt
1
2
Lake Glenwood
4
2
4
*has separate salt storage facility
2.3 Salt
All salt and other materials to be spread by the Contractor’s equipment shall be supplied
and loaded by the Township of Vernon into the Contractor’s vehicles at the Department of
Public Works facility. These materials may be kept at each private community’s storage
facility. If kept by at the private community, the loading of the Contractor’s vehicles must
be done by the contractor.
The salt and other materials are solely for application to roads falling within the multi-
jurisdictions/communities outlined herein. Any unused salt or other materials will be required
to be re-deposited in the storage facility located within the community. If the community
does not have its own private salt storage facility, any unused salt or other materials must be
returned to the Township's salt storage facility before operating time concludes. The
Contractor shall keep material application records by truck and supply the same to the
Township with the timesheets and other supporting information at the conclusion of each
event and in the Contractor’s invoice for services.
2.4 Additional Services
The bidder may opt, but is not required to provide pricing for supplying additional
equipment and services including but not limited to: backhoes, 10-wheel tandem trucks for
snow hauling, etc. Equipment defined, as other equipment in this BID to be provided by the
vendor shall be fully equipped and capable of performing assigned tasks such as; snow
plowing, snow removal, hauling snow, etc. The use of such equipment would be
determined by the Director or their designee and be compensated on a straight hour-by-
hour basis with no minimums. A Contractor who does not offer pricing on these items will
not be penalized in any way regarding how their proposal is evaluated.
2.5 Supervision
The Contractor shall provide a Supervisor to supervise their crew and act as a liaison with
DPW management and staff as detailed in Section 2.15. The Superintendent shall have a
separate vehicle to allow for continuous monitoring of the operation of Contractor’s
equipment, they shall not be permitted to “ride along” in or be considered as an operator
of a plow vehicle.
2.6 Communication
The Superintendent, Supervisor and each plow vehicle shall carry a suitable means of
communication acceptable to the Township and capable of effective communications with
the Department of Public Works . This shall remain operational in the vehicle continuously
while on duty. The Township retains the right based upon availability of devices to require all
plow vehicles in operation for any given event to also be equipped with such. The hand
held device may be used to track the GPS location of said vehicles by the Township to
validate performance of contract work. Any failure to maintain communications operability
during a call out will be deemed a breach of contract. The Contractor shall not be paid for
any time which the hand held communication device is not in use because of the actions of
the Contractor or their employees
2.7 Call Out
All Contractors shall ready to report for a snow call out by October 1 of each year of the
contract. The vendor shall not use the equipment dedicated to this contract to any other
(public or private ) snow plowing or spreading contracts if such use will hinder or conflict
with the Contractor’s ability to successfully execute the requirements of this contract.
Upon award of the contract, the Contractor shall provide the DPW with a telephone
number that is monitored by the Contractor twenty four (24) hours a day, seven (7) days a
week to be used for calls outs. It is the Contractor’s responsibility to advise the DPW of any
changes made to the Contractor’s contact information during the contract period. The
Township reserves the right to call assets, and quality thereof that its needs dictate. All
callouts shall be issued from DPW management by telephone.
It should be fully understood that whenever the Contractor receives a “call-out” to provide
snowplowing services, the required and sufficient number of trucks should report to the
community(ies) and be ready for deployment within ninety (90) minutes from the time of call
out. The calculation of payment will not begin until all units have been assembled and are
prepared for deployment. Failure to meet the 90-minute reporting criteria will cause the
Contractor to be penalized on a unit basis for late equipment until the quota has been met
and is deployed. Vehicles and equipment that are not operational and prepared to work
including fully functional warning lighting will not be utilized for the event.
Upon receiving a call out the Contractor can report at any time after receipt of the call.
However, payment shall not begin until the number of required assets has arrived on site at
each community within the maximum 90 minute window. The Contractor shall notify DPW
management when all of the assets have assembled and are on site so that they may be
deployed.
2.8 Operations
At the direction of the Director or their designee, Contractor trucks and equipment shall be
operated in accordance with the standards and assignments established by the DPW. The
requested equipment shall be required to operate continuously until the roadway or other
assigned areas have been sufficiently cleared in the opinion of the Director or designee.
The Contractor MUST be able to provide a sufficient number of relief drivers and/or
operators to ensure that all equipment is and remains operational throughout the duration
of the event which may include clean-up operations following a storm.
All of the contractors’ operators shall be subject to the direction of the DPW management
staff. It is expected that such staff will be subordinate and accept any and all directions
provided by DPW management. The time for meals for the contractors’ personnel shall be
deducted from the total number of hours worked including the supervisor.
2.9 Contract Term and Snow Plowing Season
The base term of this contract shall be for a (3) three-year period with (2) two one-year
renewal options at the sole discretion of the Township. The snow season shall be defined as
the period from October through April of each calendar year.
2.10 Snow Sections
The Township's snow plan manages plowing activities by both route and zone (Ward). The
Township clears a main artery route with dedicated equipment.
2.11 Contractor Check In
Once all of the required assets have arrived and been checked in by the DPW Director or
his designee, payable time shall commence. The Contractor shall receive payment for
each asset on site as operating time whether snow clearing operations have begun or not.
2.12 Truck Requirements
Snowplow trucks shall be within a minimum Gross Vehicle Weight (GVW) requirement for
each class of truck to be utilized under this contract. The GVW is the total weight of the
vehicle on its tires as it rests or rolls on the road, including chassis, cab, operator, ballast, and
equipment, etc. Each truck shall have appropriate ballast to plow varying amounts of snow,
trucks found to be without ballast and incapable of pushing a full blade of snow shall be
automatically taken off payable time and released. Trucks utilized under this contract shall
be defined as follows:
CLASS B <26,001 pounds GVW
CLASS C >26,000 pounds GVW
All trucks shall at the time of bid be appropriately registered, insured and licensed to
perform the required work. Amber safety lighting is required on ALL trucks operating under
this contract (standard OEM flashers shall NOT be considered as acceptable warning
lighting for the purposes of this contract). All trucks are subject to a safety inspection by
DPW management during a call out and will not be permitted to operate if the
requirements of this contract are not met.
The Contractor shall be responsible for all fuel, ballast, chains, repairs, insurance
safety/warning lighting and all other items necessary to execute the work. All equipment
must be refueled with a minimum loss of operating time. The Contractor shall receive no
compensation for those hours which a truck or other piece of equipment fails to operate
due to mechanical trouble or lack of proper ballast. Such hours will be deducted from
billable hours allowed for the event.
2.13 Safety Lights and Markings
All trucks providing snow plowing/removal services shall be equipped with amber safety
lights and shall be of the strobe, LED or rotating type. The truck shall be equipped with
amber lights viewable from a 360-degree perimeter of the vehicle or a minimum of two
safety lights mounted on the rear of the truck and one on the front over the cab. Safety
lighting is required above and beyond the OEM flasher system, such alone, shall not be
acceptable for satisfying the requirements of this section. Trucks shall also contain reflective
markings on the rear and sides of the vehicle in conformance with State and Federal Motor
Vehicle Registration (FMVR) and safety standards. All safety lights shall to be of a size, type
and mounted to the vehicle in conformance with State and FMVR standards. Vehicles
found to not be in conformance with this section shall not be deployed, nor eligible for
payment and will be released.
2.14 Driver/Operator Requirements
The Contractor shall be responsible for providing a sufficient number of drivers and/or
operators to perform the services required under the contract 24 hours per day, 7 days per
week if needed. All drivers shall obey all rules, requirements and other restrictions of their
standard or commercial driver’s license (CDL), depending on vehicle class. They must
observe and obey the laws and regulations of the State of New Jersey. The Contractor will
provide drivers/operators who are effectively able to communicate in English. The rotation
of crews shall be at the discretion of the Contractor so that a continuous operation can be
provided this will ensure the safety of their drivers, Township staff, and the General Public. It
is the responsibility of the Contractor and their employees to ensure that no driver/operator
(contract employee) providing driving services violates the “driving while fatigued” statute
or any other standard or CDL regulation or requirement.
Driver/operators provided under this contract shall have sufficient experience in operating
the class of truck to which the Driver is assigned and sufficient experience in snow removal
services. All driver/operators are required to possess and maintain in force throughout the
term of the contract all State and Federal licensing requirements, as they pertain no driving
Class A or B trucks. All personnel should be experienced, thoroughly trained and qualified
to perform the work assigned to them. The vendor shall furnish copies of drivers licenses of
personnel assigned to undertake the work under this contract. All driver/operators will be
held jointly and severally responsible for any and all accidents attributable to a
driver/operator’s negligence. All driver/operators shall wear reflective safety vests when
outside of the vehicle.
2.15 Superintendent Requirement
The Contractor shall supply a Superintendent/Supervisor, who shall be an employee of the
Contractor. They shall oversee the Contractors’ deployed assets including but not limited
to: mobilization, use and control of equipment and personnel, recording keeping and serve
as the liaison with DPW management. The Superintendent shall be available for duty from
the time of the initial call out until operations have been concluded. The Superintendent
shall also be responsible to ensure the Contractor’s equipment is in compliance with all
contract terms and conditions as outlined in the BID.
2.16 Payment for Operating, Stand By and Hauling Time
The contract rate shall include all of the Contractor’s costs of operation, including but not
limited the Superintendent, labor, premium and holiday time, drivers, and/or operators,
materials, equipment, transportation, fuel, oil, repairs, ballast, tire chains, safety lights,
maintenance and insurance.
Operating time shall be paid when plowing or removal operations are underway.
A minimum of three (3) hours shall be paid to the contractor when called out and reporting
to the community with conforming assets with the 90 minute requirement. Pay for the
minimum guarantee shall be calculated using operating time. If the contractor fails to
meet the 90 minute response requirement, there shall be no minimum guarantee, the
contractor shall only be paid for hours worked.
2.17 Accident Reporting
The Contractor’s driver shall immediately report ANY accident to the Police. As soon as
possible thereafter, the driver shall report same to the Superintendent who shall then inform
DPW management without delay. The Superintendent shall perform a cursory investigation
of the accident and file a report documenting same with the Director within 48 hours.
2.18 Supplementing Equipment
When deemed necessary by DPW management, the Township reserves the right to
supplement a snow section with additional equipment from another vendor’s resources or
with Township resources. The Township shall not be obligated in any way to provide
additional compensation to either the vendor assigned to the snow section requiring
supplemental vehicles or to the Contractor providing the supplemental vehicles, except for
monies due for the actual number of hours worked by the vendor under the terms and
conditions of this contract.
2.19 Responsibility for Work and Equipment
The Contractor shall be solely responsible for all of the services required under the contract.
The Contractor shall not sell, transfer, assign, or otherwise subcontract the performance of
the work under this contract to any third party except as otherwise may be permitted
under the terms of this contract.
2.20 Contractor Damage Claims
The Contractor shall make no claim against the Township, its officers, or employees for any
damages of any description or cost incurred by the Contractor by reason of damage to
Contractor’s property or property used by the Contractor.
2.21 Grounds for Termination of Snow Plowing Contract
Satisfactory performance of this contract is directly related to and essential for the safety of
all roadway users. Should the Contractor’s performance during the contract be deemed
unsatisfactory by the Director, the Township may terminate the contract based upon such
recommendation. Grounds for termination may include but are not limited to: late response
for call outs, failure to provide a valid insurance certificate, cancellation of insurance,
failure to follow DPW guidelines for proper plowing procedures; failure to follow the
instructions of the Director or DPW management, failure to report with a full complement of
trucks, failure to equip trucks with required safety equipment, or actions constituting a
danger to the public, private property, public employees, or public property.
3.0 SUBMITTALS
3.1 General
The bidder must furnish the following information with their pricing proposal at time of bid.
Failure to submit any of the following documentation shall cause the bid to be deemed
unresponsive.
3.2 Contractor Inventory of Available Equipment
The potential bidder shall submit as part of their bid submission a complete listing of all
equipment available and/or proposed to be used under this contract with information
including but not limited to; make, year, model, license plate number, GVW, equipment
(i.e. plow make, size), and whether or not the Contractor represents the equipment as
compliant with the terms of the BID.
3.3 Certification of Truck and Equipment Registration
The Contractor shall certify as part of their bid submission that the equipment listed in
Section 3.2 have current and valid registrations and that same shall remain for the life of the
contract. Copies of registrations will be required from the Contractor at time of contract
award.
3.4 Contingency Plan
The Contractor shall provide a contingency plan that will be in full force and effect should
there be equipment malfunctions, decrease in labor availability, emergency situations,
etc… This may include inventory of additional vehicles/equipment available outside of the
allocated fleet or a detailed operations plan should an emergency situation arise and labor
backfill needs to occur to cover snow removal procedures.
3.5 List of Drivers/Operators
The Contractor shall submit as part of their bid submission a listing of all drivers and
operators that the bidder proposes using during the contract. Copies of licenses will be
required from the Contractor at time of contract award and at the beginning of each
calendar year.
3.6 Bidder’s Experience
The Contractor shall submit as part of their bid submission a listing of relevant experience in
like snow plowing operations, information shall include but not be limited to; past contract
holder, value, location, services provided, number of assets used, contact person number.
3.7 Pricing Sheet
The Contractor shall complete in its entirety the pricing table as part of their bid submission
itemizing the unit costs for each item.
Township of Vernon
Bid Proposal Form
Pursuant to public advertisement, we, the undersigned, hereby declare that we have carefully
examined the attached proposal, specification and bid form sheets attached hereto and
dated:
To provide: SUPPLEMENTAL SNOW PLOWING SERVICES IN THE Township of Vernon
Cost Proposal:
Three (3) Year Base Contract with two one Year Renewal Options
The Contract shall propose pricing for the core services as identified and may, also provide
pricing for the additional services listed below. The Township of Vernon seeks to award a
primary and secondary contract for supplemental snow plowing services to the lowest
responsible bidder. By way of submitting a proposal, Contractor acknowledges that it will be
bound to perform a contract for that service at the rate stated below and that Contractor
might not be awarded a primary contract for providing the services as detailed within this
invitation for bid document.
THIS BID MUST BE RETURNED IN ITS ENTIRETY IN ORDER TO BE CONSIDERED FOR AN AWARD.
Township of Vernon
SECTION 1 – THREE YEAR BASE CONTRACT
The Township May Award any combination of one or all sections
Highland Lakes
Rate/ Hour
Quantity
Total
MUST HAVE 11 VEHICLES, 8 OF WHICH ARE SANDERS AS PER EXHIBIT A
Class B Truck and Driver
$_______
$_______
Class B Truck / Sander
and Driver
$_______
$_______
Class C Truck and Driver
$_______
$_______
Class C Truck / Sander
and Driver
$_______
$_______
Loader/ Skid Steer
$_______
$_______
Total Highland Lakes Rate/ Hour
$___________
Lake Panorama
Rate/ Hour
Quantity
Total
MUST HAVE 2 VEHICLES, 1 OF WHICH ARE SANDERS AS PER EXHIBIT A
Class B Truck and Driver
$_______
$_______
Class B Truck / Sander
and Driver
$_______
$_______
Class C Truck and Driver
$_______
$_______
Class C Truck / Sander
and Driver
$_______
$_______
Loader/ Skid Steer
$_______
$_______
Total Lake Panorama Rate/ Hour
$___________
Lake Walkill
Rate/ Hour
Quantity
Total
MUST HAVE 2 VEHICLES, 1 OF WHICH ARE SANDERS AS PER EXHIBIT A
Class B Truck and Driver
$_______
$_______
Class B Truck / Sander
and Driver
$_______
$_______
Class C Truck and Driver
$_______
$_______
Class C Truck / Sander
and Driver
$_______
$_______
Loader/ Skid Steer
$_______
$_______
Total Lake Walkill Rate/ Hour
$___________
Lake Glenwood
Rate/ Hour
Quantity
Total
MUST HAVE 4 VEHICLES, 2 OF WHICH ARE SANDERS AS PER EXHIBIT A
Class B Truck and Driver
$_______
$_______
Class B Truck / Sander
and Driver
$_______
$_______
Class C Truck and Driver
$_______
$_______
Class C Truck / Sander
and Driver
$_______
$_______
Loader/ Skid Steer
$_______
$_______
Total Lake Glenwood Rate/ Hour
$___________
Barry Lakes
Rate/ Hour
Quantity
Total
MUST HAVE 6 VEHICLES, 3 OF WHICH ARE SANDERS AS PER EXHIBIT A
Class B Truck and Driver
$_______
$_______
Class B Truck / Sander
and Driver
$_______
$_______
Class C Truck and Driver
$_______
$_______
Class C Truck / Sander
and Driver
$_______
$_______
Loader/ Skid Steer
$_______
$_______
Total Barry Lakes Rate/ Hour
$___________
TOTAL BIDS PER SECTION
COMMUNITY
RATE/ HOUR TOTAL
Highland Lakes
Barry Lakes
Lake Panorama
Lake Walkill
Lake Glenwood
_________________________________________________
____________________________
Company Name
Federal ID # or Social Security #
____________________________________________________________________________________
Address
_________________________________________________ ______________________________
Signature of Authorized Agent
Type or Print Name
__________________________________________________
Title:
__________________________________________________
_______________________________
Telephone Number
Date
__________________________________________________
_______________________________
Fax Number
E-mail address
DESCRIPTION OF COMMUNITIES:
Highland Lakes
Highland Lakes is located in the northeast section of Vernon near the intersection of Breakneck Road
and County Route 638, Highland Lakes Road. It has ± 31.5 miles of private roadways, including ±1,970
homes. The community was conceived and mostly constructed in the 1930's. As such, the layout of the
lots and roadways does not follow standard planning criteria or typical Township standards. The
community has many roads with steep slopes and curves necessary to conform to topographic
conditions. Unique conditions associated with Highland Lakes are its altitude relative to Vernon Valley,
900' higher at its highest point and the layout of the development that was done in the 1930's.
The size of the lake and exposure result in windblown snow conditions on southeast areas of the
community even if there is not a snow event. Wind conditions immediately after a snow event can also
cover the road. There are areas in the community that are subject to groundwater seepage and
subsequent icing conditions when the temperatures are below freezing. All the roads in the
development are paved. The majority of road conditions are very good; however certain roads
exhibit potholes and frost heaves. The Community has also installed speed humps throughout various
roadways. The county maintains Route 638 that ends in Highland Lakes and the town maintains
Breakneck Road. A previous contractor used a mix of multiple mason dumps and one-ton pickups for
snow removal services. The community has a salt storage facility within their property.
Barry Lakes
Barry Lakes is located in the northeast section of Vernon north of Highland Lakes on Wawayanda Road
and Barry Drive and surrounded by Wawayanda State Park. It has± 11.5 miles of private roadway and
about 650 homes. The altitude and microclimate is similar to Highland Lakes. The roadway and lot
layouts exhibit better planning than Highland lakes with fewer dead ends and steep roadways. All of
the roadways are paved and the roadway widths are more conforming to Township standards.
Generally speaking the roadways are in good condition. The town maintains Wawayanda road and
Barry Lakes road within the community. A previous contractor used three to six pickup trucks and one
Chevy 6500 dump truck to provide snow removal services. The community has a salt storage facility
within their property across from the clubhouse.
Lake Panorama
Lake Panorama is located in the Northwest section of Vernon off of county route 565, Glenwood Road.
It has ± 4.7 miles of private roadway. All of the roadways are paved and the roadway widths are more
conforming to Township standards with the exception of the upper Lakeside Drive NW which is narrow
and winding. Generally speaking the roadways are in good condition and are laid out in loop
configuration with several short dead ends. The town maintains the access to the community, Winding
Hill Road and the loop road around the community consisting of Winding Hill Road, Panorama Drive
and a portion of Lakeside Drive NW. A former contractor used one mason dump and one pickup with
salt spreaders to provide snow removal services. The community does not have a salt storage area.
Lake Wallkill
Wallkill Lake is located in the Northwest section of Vernon at the base of the mountain from Lake
Panorama at the end of county route 667, Lake Wallkill Road. It has± 4.9 miles of private roadway. All
the roads within the community and the access road to county route 667. The roads are paved with oil
and stone and the condition of the roadways vary from good to poor with potholes and frost heaves.
The community has installed speed humps on Lakeside drive for traffic calming. It should be noted that
they are not installed to generally accepted standards/dimensions. There are numerous dead ends in
the community as well as areas of steep road grades. Typical roadway widths range from 14-16'. There
are no provisions for salt storage within the community. A previous contractor used one mason dump
with a sander to provide snow removal services. The community has a salt storage facility within their
property.
Lake Glenwood
Glenwood Lake is private community off of Route 565 (Glenwood Rd.) with± 1.75 miles of unpaved
roads that serve the private lake community. The majority of the roads in the community contain steep
grades with the exception of Lakeshore Drive NW (the longest road in the community) which is
relatively level. There is a minimum of drainage structures so road/roadside erosion is prevalent,
especially in the spring. A private contractor previously used one mason dump equipped with a sander
to provide snow removal services. The community does not have a salt storage area.
EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
N.J.S.A. 10:5-31 et seq. (P.L.1975, c.127)
N.J.A.C. 17:27 et seq.
GOODS, GENERAL SERVICES, AND PROFESSIONAL SERVICES CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate against any employee
or applicant for employment because of age, race, creed, color, national origin, ancestry,
marital status, affectional or sexual orientation, gender identity or expression, disability, nationality
or sex. Except with respect to affectional or sexual orientation and gender identity or expression,
the contractor will ensure that equal employment opportunity is afforded to such applicants
in recruitment and employment, and that employees are treated during employment,
without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional
or sexual orientation, gender identity or expression, disability, nationality or sex.
Such equal employment opportunity shall include, but not be limited to the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship.
The contractor agrees to post in conspicuous places, available to employees and applicants
for employment, notices to be provided by the Public Agency Compliance Officer setting
forth provisions of this nondiscrimination clause.
The contractor or subcontractor, where applicable will, in all solicitations or advertisements
for employees placed by or on behalf of the contractor, state that all qualified applicants
will receive consideration for employment without regard to age, race, creed, color, national
origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression,
disability, nationality or sex.
The contractor or subcontractor will send to each labor union, with which it has a collective
bargaining agreement, a notice, to be provided by the agency contracting officer, advising
the labor union of the contractor's commitments under this chapter and shall post copies of the
notice in conspicuous places available to employees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated
by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented
from time to time and the Americans with Disabilities Act.
The contractor or subcontractor agrees to make good faith efforts to meet targeted county
employment goals established in accordance with N.J.A.C. l7:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies
including, but not limited to, employment agencies, placement bureaus, colleges, universities,
and labor unions, that it does not discriminate on the basis of age, race, creed, color,
national origin, ancestry, marital status, affectional or sexual orientation, gender identity
or expression, disability, nationality or sex, and that it will discontinue the use of any recruitment
agency which engages in direct or indirect discriminatory practices.
The contractor or subcontractor agrees to revise any of its testing procedures, if necessary,
to assure that all personnel testing conforms with the principles of job related testing,
as established by the statutes and court decisions of the State of New Jersey and as established
by applicable Federal law and applicable Federal court decisions.
In conforming with the targeted employment goals, the contractor or subcontractor
agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to
ensure that all such actions are taken without regard to age, race, creed, color, national
origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression,
disability, nationality or sex, consistent with the statutes and court decisions of the
State of New Jersey, and applicable Federal law and applicable Federal court decisions.
The contractor shall submit to the public agency, after notification of award but prior
to execution of a goods and services contract, one of the following three documents:
Letter of Federal Affirmative Action Plan Approval;
Certificate of Employee Information Report; or
Employee Information Report Form AA-302 (electronically provided by the Division
and distributed to the public agency through the Division’s website at: http://
www.state.nj.us/treasury/contract_compliance.
The contractor and its subcontractors shall furnish such reports or other documents to
the Division of Purchase & Property, CCAU, EEO Monitoring Program as may be requested
by the office from time to time in order to carry out the purposes of these regulations,
and public agencies shall furnish such information as may be requested by the Division of
Purchase & Property, CCAU, EEO Monitoring Program for conducting a compliance investigation
pursuant to N.J.A.C. 17:27-1.1 et seq
NEW JERSEY ANTI-DISCRIMINATION PROVISIONS
N.J.S.A. 10:2-1 ET SEQ.
Pursuant to N.J.S.A. 10:2-1, if awarded a contract, the contractor agrees that:
a. In the hiring of persons for the performance of work under this contract or any subcontract
hereunder, or for the procurement, manufacture, assembling or furnishing of any such
materials, equipment, supplies or services to be acquired under this contract, no contractor,
nor any person acting on behalf of such contractor or subcontractor, shall, by reason of race,
creed, color, national origin, ancestry, marital status, gender identity or expression, affectional
or sexual orientation or sex, discriminate against any person who is qualified and available to
perform the work to which the employment relates;
b. No contractor, subcontractor, nor any person on his behalf shall, in any manner,
discriminate against or intimidate any employee engaged in the performance of work under
this contract or any subcontract hereunder, or engaged in the procurement, manufacture,
assembling or furnishing of any such materials, equipment, supplies or services to be acquired
under such contract, on account of race, creed, color, national origin, ancestry, marital status,
gender identity or expression, affectional or sexual orientation or sex;
c. There may be deducted from the amount payable to the contractor by the contracting public
agency, under this contract, a penalty of $50.00 for each person for each calendar day during
which such person is discriminated against or intimidated in violation of the provisions of the
contract; and
d. This contract may be canceled or terminated by the contracting public agency, and all
money due or to become due hereunder may be forfeited, for any violation of this section of
the contract occurring after notice to the contractor from the contracting public agency of any
prior violation of this section of the contract.
FormAA302
Rev. 11/11
STATE OF NEW JERSEY
Division of Purchase & Property
Contract Compliance Audit Unit
EEO Monitoring Program
EMPLOYEE INFORMATION REPORT
IMPORTANT-READ INSTRUCTIONS CAREFULLY BEFORE COMPLETING FORM. FAILURE TO PROPERLY COMPLETE THE ENTIRE FORM AND TO SUBMIT THE REQUIRED
$150.00 FEE MAY DELAY ISSUANCEOF YOUR CERTIFICATE. DO NOT SUBMIT EEO-1 REPORT FOR SECTION B, ITEM 11. For Instructions on completing the form, go to:
http://www.state.nj.us/treasury/contract compliance/pdf/aa302ins.pdf
SECTION A- COMPANY IDENTIFICATION
I. FID. NO. OR SOCIAL SECURITY
2. TYPE OF BUSINESS
0 I. MFG O 2. SERVICE O 3. WHOLESALE
0 4.RETAIL O 5.OTHER
3. TOTAL NO. EMPLOYEES IN THE ENTIRE
COMPANY
4. COMPANY NAME
5. STREET
Township
COUNTY
STATE
ZIP CODE
6. NAME OF PARENT OR AFFlLIATED COMPANY (IF NONE, SO INDICATE)
Township
STATE
ZIP CODE
7. CHECK ONE: IS THE COMPANY: 0 SINGLE-ESTABLISHMENT EMPLOYER
0 MULTI-ESTABLISHMENT EMPLOYER
I
I
9. TOTAL NUMBER OF EMPLOYEES AT ESTABLISHMENT WHICH HAS BEEN AWARDED THE CONTRACT
10. PUBLIC AGENCY AWARDING CONTRACT
Township
COUNTY
STATE
ZIP CODE
Official Use Onl
DATE RECEIVED NAUG.DATE
ASSIGNED CERTIFICATION NUMBER
SECTION B - EMPI OYMENJ DATA
11. Report all petmanent, temporary and part.time employees ON YOUR OWN PAYROLL. Enter the appropriate figures on all lines and in all columns. Where there are
no employees in a particular category, enter a zero.Include ALL employees, not justthose in minority/non-minority categories, incolumns 1, 2, & 3. DONOTSUBMIT
AN EE0-1REPORT.
I
SECTION C-SIGNATUREAND IDENTIFICATION
17. ADDRESS NO. & STREET
Township
COUNTY
STATE
ZIP CODE PHONE (AREA CODE, NO.,EXTENSION)
JOB
CATEGORIES
ALL EMPLOYEES
-MINORITY caaD1nvcc .- • •1 ~-••n•
COL. I
TOTAL
(Cols.2 &3)
COL. 2
MALE
COL.3
FEMALE
MALE**********************
FEMAL!=
'3LACK
HISPANIC
AMER.
NDIA}
ASIAN
NON
MIN.
BLACK
HISPANIC
AMER.
INDIAN
ASIAN
NON
MIN.
Officials/ Managers
Professionals
Technicians
Sales Workers
Office & Clerical
Craftworkers
(Skilled)
Operatives
(Semi-skilled)
Laborers
(Unskilled)
Service Workers
TOTAL
Total employment
From previous
Reoort (If anv)
Temporary & Part-
Time Employees
The data below shall NOT be included in the figmes for the appropriate categories above.
1 2□
. HOW WASINFOR M□
AT ION ASTORACEORETHNICGROUPINSECTIONB OBTAINED
1. Visual Survey
2. Employment Record D3- Other (Specify)
14. ISTHISTHEFIRST
Employee lnfonnation
15. IF NO, DATE LAST
REPORT SUBMITTED
Report Submitted?
MO IDAYIYEAR
13. DATES OF PAYROLL PERIOD USED
From:
To:
I.YES!
2.NOI
SAMPLE CERTIFICATE OF EMPLOYEE INFORMATION REPORT
Experience & Qualifications Questionnaire
This questionnaire must be filled out and submitted as a part of the Proposal.
Failure to complete this form or to provide any of the requested information will
be grounds for the rejection of the bid proposal. If additional space is required,
the respondent shall add additional sheets, which identify the question being
answered.
Number of years in business under present name &
address:
If less than 5 years, list previous names and address:
Within the last 5 years has the business or any officer/partner failed to complete
a contract awarded to them: . If yes, provide the details in on a separate
page.
Have any liens and lawsuits been filed against the company in the past 5
years:
If yes, please provide details:
List similar services you are now providing for which you have signed contract,
but
not yet started work:
List all major subcontractors to be used to complete the service and the area of
their responsibility:
Experience & Qualifications Questionnaire
Please provide at least 3 references below:
Name:
Phone:
Address:
Equipment/Service Provided:
Contract Amount:
Name:
Phone:
Address:
Equipment/Service Provided:
Contract Amount:
Name:
Phone:
Address:
Equipment/Service Provided:
Contract Amount:
Name:
Phone:
Experience & Qualifications Questionnaire
Address:
Equipment/Service Provided:
Contract Amount:
New Jersey Business Registration Certification
Pursuant to N.J.S.A. 52:32-44, The Township of Vernon (“Contracting Agency”)
is prohibited from entering into a contract with an entity unless
the bidder/proposer/contractor, and each subcontractor that is required by law
to be named in a bid/proposal/contract has a valid Business Registration
Certificate on file with the Division of Revenue and Enterprise Services within the
Department of the Treasury.
Prior to contract award or authorization, the contractor shall provide the
Contracting Agency with its proof of business registration and that of any
named subcontractor(s).
Subcontractors named in a bid or other proposal shall provide proof of business
registration to the bidder, who in turn, shall provide it to the Contracting Agency
prior to the time a contract, purchase order, or other contracting document is
awarded or authorized.
During the course of contract performance:
(1) the contractor shall not enter into a contract with a subcontractor unless
the subcontractor first provides the contractor with a valid proof of
business registration.
(2) the contractor shall maintain and submit to the Contracting Agency a list
of subcontractors and their addresses that may be updated from time to
time.
(3) the contractor and any subcontractor providing goods or performing
services under the contract, and each of their affiliates, shall collect and
remit to the Director of the Division of Taxation in the Department of the
Treasury, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A.
54:32B-1 et seq.) on all sales of tangible personal property delivered into
the State. Any questions in this regard can be directed to the Division of
Taxation at (609)292-6400. Form NJ-REG can be filed online at
http://www.state.nj.us/treasury/revenue/busregcert.shtml.
Before final payment is made under the contract, the contractor shall submit to
the Contracting Agency a complete and accurate list of all subcontractors used
and their addresses.
Pursuant to N.J.S.A. 54:49-4.1, a business organization that fails to provide a copy
of a business registration as required, or that provides false business registration
information, shall be liable for a penalty of $25 for each day of violation, not to
exceed $50,000, for each proof of business registration not properly provided
under a contract with a contracting agency.
Emergency Purchases or Contracts
For purchases of an emergent nature, the contractor shall provide its Business
Registration Certificate within two weeks from the date of purchase or execution
of the contract or prior to payment for goods or services, whichever is earlier.
SAMPLE BUSINESS REGISTRATION CERTIFICATE
Americans with Disabilities Act of 1990
The CONTRACTOR and the OWNER do hereby agree that the provisions of Title 11 of the Americans With
Disabilities Act of 1990 (the "ACT") (42 U.S.C~ S12101 et seq.), which prohibits discrimination on the basis of
disability by public entities in all services, programs, and activities provided or made available by public entities,
and the rules and regulations promulgated pursuant thereunto, are made a part of this contract. In providing any act
benefit, or service on behalf of the OWNER pursuant to this contract, the CONTRACTOR agrees that the
performance shall be in strict compliance with the Act. In the event that the Contractor, its agents, servants,
employees, or subcontractors violate or are alleged to have violated the Act during the performance of this contract,
the CONTRACTOR shall defend the OWNER in any action or administrative proceeding commenced pursuant to
this Act. The Contractor shall indemnify, protect, and save harmless the OWNER, its agents, servants, and
employees from and against any and all suits, claims, losses, demands, or damages, of whatever kind or nature
arising out of or claimed to arise out of the alleged violation. The CONTRACTOR shall, at its own expense, appear,
defend, and pay any and all charges for legal services and any and all costs and other expenses arising from such
action or administrative proceeding or incurred in connection therewith. In any and all complaints brought pursuant
to the OWNER grievance procedure, the CONTRACTOR agrees to abide by any decision of the OWNER which is
rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of
damages against the OWNER or if the OWNER must 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 frill and complete particulars of the claim. if any action or administrative
proceedings is brought against the OWNER or any of its agents, servants, and employees, the OWNER
shall expeditiously forward or have forwarded to the CONTRACTOR every demand, complaint, notice,
summons, pleading, or other process received by the OWNER or its representatives.
It is expressly agreed and understood that any approval by the OWNER of the services provided by the
CONTRACTOR pursuant to this contract will not relieve the CONTRACTOR of the obligation to comply
with the Act and to defend, indemnify, protect, and save harmless the OWNER pursuant to this paragraph.
It is further agreed and understood that the OWNER assumes no obligation to indemnify or save harmless
the CONTRACTOR, its agents, servants, employees and subcontractors for any claim which may arise out
of their performance of this Agreement. Furthermore, the CONTRACTOR expressly understands and
agrees that the provisions of this indemnification clause shall in no way limit the CONTRACTOR'S
obligations assumed in this Agreement, nor shall they be construed to relieve the CONTRACTOR from
any liability, nor preclude the OWNER from taking any other actions available to it under any other
provisions of the Agreement or otherwise at law.
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.
Business Name (Print):
Representative’s Name (Print):
Representative’s Title:
Representative’s Signature:
Phone:
Date:
Township of Vernon
Disclosure of Investment
Activities in Iran
Bidder Name:
Part 1: Certification
BIDDERS ARE TO COMPLETE PART 1 BY CHECKING EITHER BOX.
Pursuant to Public Law 2021, c. 4, 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
Division's
website
at
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 proposal non- responsive.
If the Director finds a person or entity to be in violation of law, s/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 party.
CHECK THE APPROPRIATE BOX:
I certify, pursuant to Public Law 2021, c. 4, 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. 2021, c. 4
("Chapter 25 List"). I further certify that I am the person listed above, or I am an officer or
representative of the entity listed above and am authorized to make this certification on its behalf.
I will skip Part 2 and sign and complete the Certification below.
OR
I am unable to certify as above because the 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 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: Additional Information
PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN
IRAN. You must provide a detailed, accurate and precise description of the activities of the bidding
person/entity, or one of its parents, subsidiaries or affiliates, engaging in the investment activates in Iran
on additional sheets provided by you.
Part 3: Certification
I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any
attachments there to the best of my knowledge are true and complete. I attest that I am authorized to
execute this certification on behalf of the above-referenced person or entity. I acknowledge that the
Township of Vernon 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 Township of Vernon to notify the Township of Vernon 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
cpromseincaultion under the law and that it will also constitute a material breach of my agreement(s) with
the Township of Vernon and that the Township of Vernon at its option may declare any contract(s)
resulting from this certification void and unenforceable.
Full Name (Print):
Title:
Signature:
Date:
PHILIP D. MURPHY
Governor
SHEILA Y. OLIVER
Lt. Governor
State of New Jersey
DEPARTMENT OF THE TREASURY
DIVISION OF PURCHASE AND PROPERTY
OFFICE OF THE DIRECTOR
33 WEST STATE STREET
P. O. BOX 039
TRENTON, NEW JERSEY 08625-0039
https://www.njstart.gov
Telephone (609) 292-4886 / Facsimile (609) 984-2575
ELIZABETH MAHER MUOIO
State Treasurer
MAURICE A. GRIFFIN
Acting Director
The following list represents entities determined, based on credible information available to the public,
to be engaged in prohibited activities in Iran pursuant to P.L. 2012, c. 25 (“Chapter 25”):
1.
AK Makina Ltd.
2.
Amona
3.
Bank Markazi Iran (Central Bank of Iran)
4.
Bank Mellat
5.
Bank Melli Iran
6.
Bank Saderat PLC
7.
Bank Sepah
8.
Bank Tejarat
9.
China International United Petroleum & Chemicals Co., Ltd. (Unipec)
10.
China National Offshore Oil Corporation (CNOOC)
11.
China National Petroleum Corporation (CNPC)
12.
China National United Oil Corporation (ChinaOil)
13.
China Oilfield Services Limited
14.
China Petroleum & Chemical Corporation (Sinopec)
15.
China Precision Machinery Import-Export Corp. (CPMIEC)
16.
Indian Oil Corporation
17.
Kingdream PLC
18.
Naftiran Intertrade Company (NICO)
19.
National Iranian Tanker Company (NITC)
20.
Oil and Natural Gas Corporation (ONGC)
21.
Oil India Limited
22.
Persia International Bank
23.
Petroleos de Venezuela (PDVSA Petróleo, SA)
24.
PetroChina Company, Ltd.
25.
Sameh Afzar Tajak Co. (SATCO)
26.
Shandong Fin Cnc Machine Company, Ltd.
27.
Sinohydro Co., Ltd.
28.
SK Energy Co. Ltd.
29.
SKS Ventures
30.
Som Petrol AS
31.
Zhuhai Zhenrong Company
FEIN/SSN
PAY TO PLAY ADVISORY
Disclosure Requirement
P.L. 2005, Chapter 271, Section 3 Reporting
(N.J.S.A. 19:44A – 20.27)
Any business entity that has received $50,000 or more in contracts from
government entities in a calendar year will be required to file an annual disclosure
report with ELEC.
The report will include certain contributions and contract information for the
current calendar year.
At a minimum, a list of all business entities that file an annual disclosure report will
be listed on ELEC’s website at www.elec.state.nj.us.
If you have any questions please contact ELEC at:
1-888-313-ELEC (toll free in NJ) or
609-292-8700
An analyst from ELEC’s Special Programs Section will assist you.
Initials
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
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
Address
Part IV Certification
I, being duly sworn upon my oath, hereby represent that the foregoing information and any attachments
thereto to the best of my knowledge are true and complete. I acknowledge: that I am authorized to execute
this certification on behalf of the bidder/proposer; that the Township is relying on the information contained
herein and that I am under a continuing obligation from the date of this certification through the completion of
any contracts with Township to notify the Township in writing of any changes to the information contained
herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this
certification, and if I do so, I am subject to criminal prosecution under the law and that it will constitute a
material breach of my agreement(s) with the, permitting the Township to declare any contract(s) resulting from
this certification void and unenforceable.
Full Name
(Print):
Title:
Signature:
Date:
EQUIPMENT CERTIFICATION
The undersigned Bidder hereby certifies as follows:
The bidder owns, controls, has proof of lease, rental of all the necessary
equipment required to accomplish the work described in the specifications.
Name of Bidder:
By:
(Signature)
Name of above:
(Print)
Title:
Date:
Truck/ Loader #
Make
License
Year
Model
Gross
Weight
Size of Plow
General Conditions – Professional Services, Goods &
Services
1
SECTION I - SUBMISSION OF BIDS
•
The Township of Vernon, Sussex County, New Jersey (hereinafter referred to
as "OWNER") invites sealed bids pursuant to the Notice to Bidders. Said
Notice Bidders is to be attached to and is considered as a part of these
General Conditions.
•
If NOT on e-procurement format as described in the LEGAL NOTICE, sealed
bids will be received by the Purchasing Agent or his/her designee of the
Town at the time and place stated in the Notice to Bidders, and at such
time and place will publicly open and real aloud all bids received.
•
The bid proposal form shall be submitted on the prescribed form with
appropriate spaces properly filled in and with all required supporting
documentation, in a sealed envelope:
o Addressed to the Township of Vernon
o Bearing the name and address of the bidder written on the face of
the
envelope
o Clearly marked "BID" with the contract title and/or BID # being
identified
o Bidders shall submit an original as well as a printed copy, clearly
labeled as “COPY”
o Bidders shall also, if indicated in notice submit their bid in CD/ Flash
Drive form.
•
It is the bidder's responsibility to see that the bid is presented to the Town
on the hour and at the place designated, including uploaded if on e-
procurement format. Bids may be hand delivered or mailed; however, the
Town disclaims any responsibility for bids forwarded by regular or
overnight mail. If the bid is sent by overnight mail, the designation in prior
bullet point, above, must also appear on the outside of the delivery
company envelope. All mailed bids must be delivered and signed for by
the Administration Office Staff ONLY. Bids received after the designated
time and date will be returned unopened.
•
Sealed bids forwarded to the Town before the time of opening of bids
may be withdrawn upon written application of the bidder who shall be
required to produce evidence showing that the individual is or represents
the principal or principals involved in the bid. Once bids have been
General Conditions – Professional Services, Goods &
Services
2
opened, they must remain firm for a period of sixty (60) calendar days.
•
All prices and amounts must be written in ink or preferably typewritten in a
word format on the bid form provided. Any discrepancies between the
words and numbers, the written word price shall prevail. Bids containing
any conditions, omissions, unexplained erasures or alteration, items not
called for in the bid proposal form, attachment of additive information not
required by the specifications, or irregularities of any kind, may be rejected
by the Town. Any changes, white-outs, strikeouts, etc. on the proposal
page must be initialed in ink by the person responsible for signing the bid.
•
Each bid proposal form must give the full business address of the bidder
and be signed by an authorized representative. Bids by partnerships must
furnish the full name of all partners and must be signed in the partnership
name by one of the members of the partnership or by an authorized
representative, followed by the signature and designation of the person
signing. Bids by corporations must be signed in the legal name of the
corporation, followed by the name of the State in which incorporated and
must contain the signature and designation of the president, secretary or
other person authorized to bind the corporation in the matter. When
requested, satisfactory evidence of the authority of the officer signing shall
be furnished.
•
Bidders must insert prices for furnishing of the specified equipment,
materials or supplies, or for all of the materials and/or labor required by
these specifications. Prices shall be net, including any charges for packing,
crating, containers, etc. All transportation charges shall be fully prepaid by
the contractor F.O.B. destination and placement at locations specified by
the Town. As specified, placement may require inside deliveries. No
additional charges will be allowed for any transportation costs resulting
from partial shipments made at the contractor's convenience.
•
The vendor shall guarantee any or all materials and services supplied
under these specifications. Defective or inferior items shall be placed at
the expense of the vendor. In case of rejected materials, the vendor will
be responsible for return freight charges.
•
Bidder should be aware of the following statutes that represent “Truth in
Contracting” laws:
• N.J.S.A. 2C:21-34, et seq. governs false claims and representations by
bidders. It is a serious crime for the bidder to knowingly submit a false claim
and/or knowingly make material misrepresentation.
• N.J.S.A. 2C:27-10 provides that a person commits a crime if said person
offers a benefit to a public servant for an official act performed or to be
General Conditions – Professional Services, Goods &
Services
3
performed by a public servant, which is a violation of official duty.
• N.J.S.A. 2C:27-11 provides that a bidder commits a crime if said person,
directly or indirectly, confers or agrees to confer any benefit not allowed
by law to a public servant.
• Bidder should consult the statutes or legal counsel for further information.
SECTION II - BID SECURITY I CONTRACT SECURITY
•
The following provisions if indicated shall be applicable to this bid and be
made a part of the bidding documents:
Bid Guarantee
Bidder shall submit with the bid a certified check, cashier's check or
bid bond in the amount often percent (10%) of the total price bid,
but not in excess of $20,000, payable unconditionally to the
Township of Vernon. When submitting a Bid Bond, it shall contain
Power of Attorney for fill' amount of Bid Bond from a surety
company authorized to do business in the State of New Jersey and
acceptable to the Township of Vernon.
If the bid is being conducted in an electronic only format, the
bidder shall provide for a bid guarantee that can be verified
through an electronic verification code issued by a surety agency.
The bidder may also offer an electronic image of a certified check
or cashiers check through the electronic platform and must:
Provide a physical sealed check upon and no later than the
submission deadline to the local unit clerks office and clearly
marked as the offerors response. Any late submittals of the sealed
check guarantee will be a mandatory rejection in accord with
N.J.S.A. 40A:11-23.2.
The check or bond of the unsuccessful bidder(s) shall be returned
as prescribed by law. The check or bond of the bidder to whom
the contract is awarded shall be retained until a contract is
executed and the required performance bond or other security is
submitted. The check or bond of the successful bidder shall be
forfeited if the bidder fails to enter into a contract pursuant to
N.J.S.A. 40A: 11-21. If required, failure to submit is a mandatory
cause for rejection of bid in accordance with NJSA 40A:11-23.2.
Consent of Surety
Bidder shall submit with the bid proposal a Certificate (Consent of
General Conditions – Professional Services, Goods &
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4
Surety) to guarantee that the surety company will furnish the Town
with the bonds required by the contract documents within the
time periods and in the amounts so specified. The surety shall be
authorized to do business in the State of New Jersey. The Consent
of Surety shall be in a form acceptable to the Town and
accompanied by (a) duly executed acknowledgements of the
respective parties; (b) a duly certified copy of a Power of Attorney
(where the Consent of Surety is executed by an agent or other
representative of the surety); (c) a duly certified extract from the
By-Laws or resolutions of Surety under which the Power of Attorney
was issued; and (d) a duly certified copy of latest published
financial statement of asset and liabilities of Surety. If required,
failure to submit is a mandatory cause for rejection of bid in
accordance with NJSA 40A:11-23.2.
Performance Bond
The successful bidder shall execute and deliver to the Town within
ten (10) days after notification of award of the contract, a
satisfactory surety bond or bonds in an amount equal to 100% of
the contract prices, upon the form prepared for and used by the
Town in statutory form with such surety companies as sureties as
shall be approved by the Town Council and qualified and
authorized to do business under the laws of the State of New
Jersey. The performance bond provided shall not be released until
final acceptance of the whole work and then only if any liens or
claims have been satisfied and any maintenance bonds required
have been executed and approved by the OWNER.
The proposal shall also be accompanied by a Consent of Surety
wherein the surety consents and agrees that if the Contract for
which the proposal is made be awarded, that it will become
bound as surety and guarantor for its faithful performance. If
required, failure to submit may be cause for rejection of bid in
accordance with NJSA 40A:11-23.2.
Labor & Material Payment Bond
Successful bidder shall with the delivery of the performance bond
submit an executed payment bond to guarantee payment to
laborers and suppliers for the labor and material used in the work
performed under the contract. If required, failure to submit may be
cause for rejection of bid in accordance with NJSA 40A:11-23.2.
General Conditions – Professional Services, Goods &
Services
5
Maintenance Bond
Successful bidder shall upon acceptance of the work submit a
maintenance bond in the amount of 100% guaranteeing against
defective quality of work or materials for the period of:
1 year
2 years
If required, failure to submit may be cause for rejection of bid in
accordance with NJSA 40A:11-23.2.
Payment Deferral
As an alternate performance guarantee, no payment shall be
made for any part of this contract until the entire contract is
completed to the satisfaction of the Town.
o Workmanship Guarantee – Contract Retention
The Contractor shall guarantee all labor and materials for a period
of
months from the date of acceptance of the work by the
Town, and he shall make all needed repairs on the work as it
progresses and during this guarantee period, except those due to
ordinary wear and tear. The Contractor agrees that, during the said
guarantee the Town may retain, out of monies payable to him
under this agreement, the sum of
percent of the amount of
the contract; and that, should he fail to make the necessary repair
at once after due notice from the Administrator or Engineer, the
Town may expend the same or so much thereof as may be
required to make the needed repairs; provided, however, that in
case of emergency, where in the opinion of the Administrator or the
Engineer it would cause serious loss or damage, the Town may
make repairs without previous notice and at the expense of the
Contractor.
Town, the Contract may provide a Maintenance Bond equal to ten
(l0%) percent of the contract value in a form approved by the Town
Attorney.
If an alternate guarantee provision is contained in the Detailed
Specifications, then this alternate guarantee provision shall prevail.
SECTION III - INTERPRETATION AND ADDENDA - BIDDERS RESPONSIBILITIES
•
All interpretations, clarifications and any supplemental instructions will be
in the form of written addenda to the specifications and will be distributed
General Conditions – Professional Services, Goods &
Services
6
to all prospective bidders. All addenda so issued shall become part of the
specification and bid documents and shall be acknowledged by the
bidder in the bid by completing the Acknowledgement of Receipt of
Addenda form. The owner’s interpretations or corrections thereof shall be
final.
•
Pursuant to N.J.S.A. 40A:11-23(c)(1) when issuing addenda, the owner shall
provide required notice prior to the official receipt of bids to any person
who has submitted a bid or who has received a bid package. They will be
sent from scanning@TheCanningGroup.org . It is recommended that the
bidder understands and agrees that its bid is submitted on the basis of the
specifications prepared by the Town. The bidder accepts the obligation to
become familiar with these specifications.
•
Bidders are expected to examine the specifications and related
documents with care and observe all their requirements. Ambiguities,
errors or omissions noted by bidders should be promptly reported in writing
to the appropriate Town official. In the event the bidder fails to notify the
Town of such ambiguities, errors or omissions, the bidder shall be bound by
the bid.
•
No oral interpretation of the meaning of the specifications will be made to
any bidder. Every request for an interpretation shall be in writing,
addressed to the Township’s representative stipulated in the bid. In order
to be given consideration, written requests for interpretation must be
received at least five (5) days prior to the date fixed for the opening of the
bids. Any and all such interpretations and any supplemental instructions
will be in the form of written addenda to the specifications, and will be
distributed to all prospective bidders, in accordance with
N.J.S.A. 40A: 11-23. All addenda so issued shall become part of the
contract documents and shall be acknowledged by the bidder in the bid.
The Township’s interpretations or corrections thereof shall be final.
•
Discrepancies in the Bid
o If the amount shown in words and its equivalent in figures do not
agree, the written words shall be binding. Ditto marks are not
considered writing or printing and shall not be used.
o In the event that there is a discrepancy between the unit prices
and the extended totals, the unit prices shall prevail. In the event
there is an error of the summation of the extended totals, the
computation by the Town of the extended totals shall govern.
•
Site Investigation & Representation
General Conditions – Professional Services, Goods &
Services
7
The bidder acknowledges that he has satisfied himself as to the nature
and location of the work, the general and local conditions, particularly
those bearing upon transportation, disposal, handling and storage of
materials, availability of labor, water, electric power, roads and
uncertainties of weather, physical conditions at the site, the conformation
and condition of the ground, the character, quality and quantity of
surface and sub-surface materials to be encountered, the character of
equipment and facilities needed preliminary to and during the
prosecution of the work and all other matters which can in any way affect
the work or the cost thereof under this contract. Any failure by the bidder
to acquaint himself with all the available information concerning these
conditions shall not relieve him from responsibility for estimating properly
the difficulty or cost of successfully performing the work
•
Deviations
All bidders shall clearly identify any deviations from the specifications at
the time the bids are opened and examined. After the contract has been
entered into, no consideration shall be given for any misunderstanding as
to work, materials set forth therein specified and indicated on drawings, it
being mutually understood that tender of a proposal carries with it an
agreement to this and other obligations set forth in the contract and
further implies full understanding of the contract document.
•
Optional Pre-Bid Conference
If stated in the Notice to Bidders and checked below:
A Pre-Bid Conference will not be held.
A pre-bid conference for this proposal will be held on
SEE TECH
SPECS
.
Attendance is not mandatory but is strongly recommended. Failure to
attend does not relieve the bidder of any
obligations or requirements.
SECTION IV - BRAND NAMES, PATENTS AND STANDARDS OF QUALITY
•
Brand names and/or descriptions used in this bid are to acquaint bidders
with the type of commodity desired and will be used as a standard by
which alternate or competitive materials offered will be judged.
Competitive items must be equal to the standard described and be of
the same quality of work Variations between materials described and the
materials offered are to be fully identified and described by the bidder on
General Conditions – Professional Services, Goods &
Services
8
a separate sheet and submitted with the bid proposal form. Vendor's
literature WILL NOT suffice in explaining exceptions to these specifications.
In the absence of any changes by the bidder, it will be presumed and
required that materials as described in the proposal be delivered.
•
It is the responsibility of the bidder to demonstrate the equivalency of
item(s) offered. The Town reserves the right to evaluate the equivalency of
an item(s) which, in its deliberations, meets its requirements.
•
In submitting its bid, the bidder certifies that the merchandise to be
furnished will not infringe upon any valid patent or trademark and that the
successful bidder shall, at its own expense, defend any and all actions or
suits charging such infringement, and will save the Town harmless from any
damages resulting from such infringement.
•
Only manufactured and farm products of the United States, wherever
available, shall be used on this contract pursuant to N.J.S.A. 40A: 11-18.
•
Wherever practical and economical to the Town, it is desired that
recycled or recyclable products be provided. Please indicate when
recycled products are being offered.
•
Workmanship
All workmanship shall be in every respect in accordance with the best
current practice. Only skilled craftsmen, fully qualified in the various
disciplines required, shall be used in this project.
•
In submitting its bid, the bidder certifies that the goods and services to be
furnished will not infringe upon any valid patent or trademark and that the
successful bidder shall, at its own expense, defend any and all actions or
suits charging such infringement, and will save the owner harmless from
any damages resulting from such infringement.
•
The contractor shall guarantee any or all goods and services supplied
under these specifications. Defective or inferior goods shall be replaced
at the expense of the contractor. The contractor will be responsible for
return freight or
restocking charges.
SECTION V - INSURANCE AND INDEMNIFICATION
•
Insurance Requirements
o Worker's Compensation and Employer's Liability Insurance
General Conditions – Professional Services, Goods &
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9
This insurance shall be maintained in force during the life of this
contract by the bidder covering all employees engaged in
performance of this contract in accordance with the applicable
statute. Minimum Employer's Liability $100,000.
o General Liability Insurance
This insurance shall have limits of not less than $1,000,000 any one
person and $1,000,000 any one accident for bodily injury and
$2,000,000 aggregate for property damage and shall be
maintained in force during the life of the contract by the bidder.
o Automobile Liability Insurance
This insurance covering bidder for claims arising from owned, hired
and non-owned vehicles with limits of not less than $1,000,000 any
one person and $1,000,000 any one accident for bodily injury and
$1,000,000 each accident for property damage, shall be
maintained in force during the life of this contract by the bidder.
•
Certificate of Insurance
The contractor shall provide Certificates of the Required Insurance as listed
above along with the contract as evidence covering Comprehensive
General Liability, Comprehensive Automobile Liability, and where
applicable, necessary Worker's Compensation and Employer's Liability
Insurance. Such coverage shall be with acceptable insurance companies
operating on an admitted basis in the State of New Jersey and shall name
the Town as an additional insured. Said Certificates of Insurance shall state
specifically that the Indemnification cited below is guaranteed by the
policy. if such statement is not included in the body of the policy shall be
typed on the face or back of the certificate.
•
Indemnification
Successful bidder will indemnify and hold harmless the Township of Vernon
from all claims, suits or action and damages or costs of every name and
description to which the Town may be subjected or put by reason of injury
to the person or property of another, or the property of the Town, including
attorney’s fees and costs relating to the defense of such claims, resulting
from negligent acts or omissions on the part of the bidder, the bidder's
agents, servants or subcontractors in the delivery of materials and supplies,
or in the performance of the work under this agreement. The Township of
Vernon shall be named “Additionally Insured” on the contractor’s
insurance policy.
General Conditions – Professional Services, Goods &
Services
10
SECTION VI - PREPARATION OF BIDS
•
The Township of Vernon is exempt from any local, state or federal sales,
use or excise tax. Exemption certificates will be provided when required
•
Estimated Quantities (Open-end Contracts)
The Township of Vernon has attempted to identify the item(s) and the
estimated amounts of each item bid to cover its requirements; however,
past experience shows that the amount ordered may be different than
that submitted for bidding. The right is reserved to decrease or increase
the quantities specified in the specifications pursuant to N.J. A.C.5:34-4.9.
NO MINIMUM PURCHASE IS IMPLIED OR GUARANTEED.
•
Successful bidder shall be responsible for obtaining any applicable permits
or licenses from any government entity that has jurisdiction to require the
same. All bids submitted shall include this cost in the bid price agreement,
unless stated specifically otherwise in the Technical Specifications.
SECTION VII - STATUTORY AND OTHER REQUIREMENTS
•
The Contractor shall familiarize himself and comply with all Federal, State
and local laws, ordinances and regulations, which in any manner affect
those engaged or employed in the, work, the materials or equipment to
be used, or the conduct of the work. No plea or misunderstanding will be
considered because of ignorance of the law.
If the CONTRACTOR observes that the Specifications or Drawings are at
variance therewith, he will give the Town prompt written notice thereof,
and any necessary changes shall be adjusted by an appropriate
modification. If the CONTRACTOR performs any work knowing it to be
contrary to such laws, ordinances, rules and regulations, and without such
notice to the Town, he will bear all costs arising there from.
The following is a list of some Laws/Regulations which MAY impact on this
contract. This list is not intended to be inclusive and is in addition to other
requirements, statutes, regulations cited in these General conditions:
•
Mandatory Affirmative Action Certification
No firm may be issued a contract unless it complies with the affirmative
action regulations of N.J.S.A 10:5-31 et seq. & N.J.A.C 17:27. Procurement,
Professional and Service Contracts
General Conditions – Professional Services, Goods &
Services
11
All successful vendors must submit, upon award the contract or the
receipt of the contract, one of the following:
o A photocopy of a valid letter for an approved Federal Affirmative
Action Plan, or
o A photocopy of an approved Certificate of Employee Information
Report, or
o If the vendor has none of the above, the public agency is required
to provide the vendor with an initial Affirmative Action Employee
Information Report (AA-302).
•
Americans with Disabilities Act of 1990
Discrimination on the basis of disability in contracting for the purchase of
bids and services is prohibited. The successful bidder is required to read
Americans with Disability language that is part of this specification and
agrees that the provisions of Title II of the Act are made a part of the
contract. The successful bidder is obligated to comply with the Act and to
hold the Town harmless.
•
Stockholder Disclosure
Chapter 33 of the Public Laws of 1977 provides that no corporation or
partnership shall be awarded any 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 or
partnership, there is submitted a statement setting forth the names and
addresses of all stockholders in the corporation or partnership who own
ten percent or more of its stock of any class, or of all individual partners in
the partnership who own a ten percent or greater interest therein. Form of
Statement shall be completed and attached to the bid proposal.
•
The New Jersey Worker & Community Right to Know Act
The manufacturer or supplier of a substance or mixture shall supply the
Chemical Abstracts Service number of all the components of the mixture
or substance and the chemical name. The manufacturer and supplier
must properly label each container. Further, all applicable Material Safety
Data Sheets (MSDS) - hazardous substance fact sheet- must be furnished.
•
VOC REQUIREMENT
The Contractor shall use on the job site only chemicals and cleaning
General Conditions – Professional Services, Goods &
Services
12
products that do not exceed the national Volatile Organic Chemical
(VOC) limitations rule(s) published by the U.S. Environmental Protection
Agency (EPA).
•
Non-Collusion Affidavit
The Non-Collusion Affidavit, which is part of these specifications, shall be
properly executed and submitted with the bid proposal.
•
Safety & Protection
The Contractor will be responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the
work. He will take all necessary precautions for the safety of; and will
provide the necessary protection to prevent damage, injury or loss to all
employees on the work and other persons who may be affected by the
work and all public/private property at the site or adjacent to the work
area. The Contractor will be solely responsible for compliance with all
relevant State and Federal Law and Regulation governing construction
activities and practices.
•
Other Related Statutes
o TITLE 40A, Chapter 11, Public Contract Law.
o TITLE 34, Chapter 2, concerning employment of child labor;
Chapter 5, concerning safety codes for workers in the construction
industry together with the rules and regulations of the State
Department of Labor and Industry, Chapter 10, concerning
establishment of an eight-hour working day for laborers, workmen
and mechanics.
o TITLE 52, Chapter 34, concerning the payment of commissions,
percentage, brokerage or contingent fees to solicit or secure the
contract.
•
Release of All Liens
Prior to the final payment the contractor shall provide a certification that
all liens relating to the contract have been satisfied or will be satisfied
though the receipt of the final payment.
•
New Jersey Business Registration Certification
All contractors and businesses must submit with their bid proof that they
General Conditions – Professional Services, Goods &
Services
13
are properly registered with the Department of Treasury of the State of
New Jersey pursuant to Chapter 57 of the laws of 2004. This certificate
must be provided in accordance with current applicable New Jersey
State Law. For any proposal involving subcontractors, the Business
Registration Certificate must be provided for both the contractor and
each subcontractor required to be listed in the bid document. See
attached detailed information on this requirement.
The contractor shall provide written notice to its subcontractors of the
responsibility to submit proof of business registration to the contractor.
Before final payment is made the contractor shall submit an accurate list
and the proof of business registration of each subcontractor or supplier
used in the fulfillment of the contract or shall attest that no subcontractors
were used. For the term of the contract, the contractor and each of its
affiliates and a subcontractor and each of its affiliates [N.J.S.A. 52:32-
44(g)(3)] shall collect and remit to the Director, N.J. Division of Taxation,
the use tax pursuant to the Sales and Use Tax Act on all sales of tangible
personal property delivered into the State, regardless of whether the
tangible personal property is intended for a contract with a contracting
agency.
•
New Jersey Anti-Discrimination
The contract for this bid shall require that the contractor agrees not to
discriminate in employment and agrees to abide by all the anti-
discrimination laws, including but not limited to N.J.S.A 10:2-1 as included
in this packet.
•
Pay-to-Play Legislation
Pursuant to P.L. 2005, c.271, s3 any business entity that has received
$50,000 or more in a calendar year through agreements or contracts with
public entities, must file an annual disclosure statement with the
Commission. The Business Entity Annual Statement (Form BE) and filing
instructions can be found at www.elec.state.nj.us.
•
Disclosure of Investment Activities in Iran
N.J.S.A. 52:32-55 prohibits state and local public contracts with persons or
entities engaging in certain investment activities in energy or finance
sectors in Iran. Bidders must indicate if they comply with the law by
certifying the form Pursuant to N.J.S.A. 40A:11-2.1 the owner is required to
notify the New Jersey Attorney General if it determines a false certification
has been submitted.
General Conditions – Professional Services, Goods &
Services
14
SECTION VIII - BID OPENING I ANALYSIS & AWARD
•
Acceptance of Bids
The Township of Vernon reserves the right to waiver any immaterial defect
or informality in any bid and reserves the right to accept that bid or portion
thereof which, in its judgment is in the best interest of the Town.
The Township of Vernon also reserves the right to reject any or all bids. Any
bid received after the time and date specified shall not be considered.
•
Bid Opening
All Bidders or their authorized agents are invited to be present when the
bids are opened and read publicly. All bids may be inspected at this time.
No bid may be withdrawn after the specified opening time and date. Once
opened, all bids become the property of the Township of Vernon and will
not be returned to the bidders.
All supply/ service contracts shall be for twelve (12) consecutive months
unless otherwise noted in technical or supplemental specifications.
The Township of Vernon may award the work on the basis of the Base Bid, or
the base bid combined with such Alternates as selected, until a net amount
is reached which is within the funds available.
If the award is to be made on the basis of Base Bids only, it will be made to
that responsible bidder whose Base Bid, therefore, is the lowest. If the award
is to be made on the basis of a combination of a Base Bid with Options, it
will be made to that responsible bidder whose net bid on such combination
is the lowest.
The Township of Vernon may also elect to award the work on the basis of
line items or unit prices, whichever results in the lowest total amount.
If the procurement is a Competitive Contract as allowable under
N.J.S.A.40A:11-4.1 et. Seq., the basis of award shall be upon Price and
Other Factors as contained within N.J.A.C. 5:34-1 et. Seq.,
•
Contract Award
General Conditions – Professional Services, Goods &
Services
15
Should the Town decide to award the contract, it shall notify the
successful bidder in writing within sixty (60) days of receipt of bids. Should
a successful bidder fail or refuse to execute and deliver such contract,
certificates of insurance, required stated documentation and bonds
within ten (10) days after receipt of Notice of Award, or within such other
time period as specified in the technical specifications, the Town may
revoke the acceptance of his proposal and the bidder shall become
liable for any difference in the proposal awarded and the amount of the
contract which the Town may be obliged to award to another because
of the refusal or omission of a successful bidder to execute and deliver
the contract and bonds aforementioned, together with any sums which
the Town may be obliged to spend by reason for the default of the
bidder
The successful bidder will not assign any interest in this bid and shall not
transfer any interest in the same without the prior written consent of the
Town.
SECTION IX - REJECTION OF BIDS
Bids may be rejected for any of the following reasons:
•
All bids pursuant to N.J.S.A. 40A:11-13.2;
•
If more than one bid is received from an individual, firm or partnership,
corporation or association under the same name;
•
Multiple bids from an agent representing competing bidders;
•
The bid is inappropriately unbalanced;
•
The bidder is determined to possess, pursuant to N.J.S.A. 40A:11-4b, Prior
Negative Experience; or,
•
If the successful bidder fails to enter into a contract within 21 days,
Sundays and holidays excepted, or as otherwise agreed upon by the
parties to the contract. In this case at its option, the owner may accept
the bid of the next lowest responsible bidder. (N.J.S.A. 40A:11-24b)
SECTION X - CONTRACT ADMINISTRATION
•
Contract Documents
The Contract documents shall consist of the Contract, the drawings, the
Specifications, and all modifications and addenda incorporated prior to
execution of the Contract. All the documents are intended to supplement
each other and together constitute a complete set of specifications.
General Conditions – Professional Services, Goods &
Services
16
The specifications are intended to require and include all work,
equipment, and materials necessary for proper completion of the work
contemplated. If in any case the specifications do not show, note or
otherwise require some work, equipment or material necessary for that
purpose, the Contractor shall, nevertheless, provide same to fulfill the true
intent and purpose of the specifications.
•
Inspection
The Business Administrator and the Engineer shall have the right to inspect
all materials and work done during any phase of construction, fabrication,
or manufacture. The Contractor shall furnish all reasonable facilities and
aid to the Engineer and safe and convenient means for the examination
and inspection of any part of the work.
•
Authority to Withhold Payment
The Business Administrator or the Engineer, because of subsequently
discovered evidence, may cause to be withheld or cause to be nullified,
the whole or a part of any payment to such extent as may be necessary
to protect the Town from loss because of
o Defective work, materials or equipment not corrected; improper
work performed; disapproved substitution of material or equipment
specified.
o Claims filed or reasonable evidence indicating the probability of
claims being filed.
o Failure of the Contractor to make payments properly to
subcontractors or for material or labor.
o A reasonable doubt that the contract can be completed for the
balance then unpaid.
o Damage to another contract, agency, governing body,
corporation or person.
o When the above grounds are removed, payment shall be made for
amounts withheld because of them.
•
Financial Procedures
Payment in full shall be made upon the completion of the contract
requirements of the specifications. Partial payments shall be made if the
General Conditions – Professional Services, Goods &
Services
17
required work or equipment can be completed in stages and if
previously agreed to by the Administrator. All payments shall be
approved by the Town Council at their bi-monthly meeting within the
later of 60 days of a properly prepared executed invoice or 60 calendar
days from the date of goods and services were received and certified by
an officer of the organization, in accord with N.J.S.A 40A:5-16(b). Late
payment interest shall be made within 30 calendar days of the date of
the contracting unit making the late payment and interest shall be in
accord with the rate specified by the State Treasurer for State late
payments pursuant to
N.J.S.A. 52:32-35. The contracting unit shall not be responsible for late
payments due to circumstances beyond the control of the contracting
unit, including but not limited to a strike or natural disaster.
A properly executed invoice shall mean an invoice containing sufficient
detail for the payment to be made.
Vouchers shall be submitted at least 10 days prior to this meeting for
inclusion upon the agenda. Only properly executed Town vouchers may
be used for payments.
Partial payment shall be made on the basis of a certified an approved
estimate of work completed. Ten percent (10%) of the amount of each
invoice shall be retained by the Town as security for faithful performance
and completion of work. The Town shall not make late payment penalties
unless the goods and services have been rendered.
•
Timeliness
o Commencement of Work
The Contractor shall commence work on the project within
working days from the date of execution of the
contract by the Town. (Working days excludes Saturdays, Sundays
and Designated Town Holidays)
o Completion of Work
The Contractor shall complete all of the work required in these
specifications within
working days after commencing
work as required in Section I above.
•
Term of Contract – Liquidated Damages
The terms of this contract shall be completed within the time specified for
completion of the work. The Town reserves the right to extend this term of
the contract upon application by the contractor providing evidence of
General Conditions – Professional Services, Goods &
Services
18
circumstances beyond the control of the contractor preventing his
successful completion of the contract.
In the case the Contractor shall fail to complete the work within the time
fixed for such completion, or within the time to which such completion
may have been extended, the Contractor shall pay to the Town in the
sum of
dollars for each and every working day
that the time consumed in completing the work exceeds the time
allowed therefore; starting at twelve (12 o'clock) midnight of the date set
for completion of the contract, which said sum, in view of the difficulty or
accurately ascertaining the loss which the Town will suffer by reason of
delay in the completion of the work hereunder is hereby fixed and
agreed as the liquidated damages that the Town will suffer by reason of
such delay, and not as a penalty. The Town will deduct and retain out of
the monies which may become due hereunder, the amount of any such
liquidated damages.
•
The successful bidder/ contractor shall not assign transfer, convey, sublet
or otherwise dispose of any interest in this contract without the prior written
consent of the Town.
SECTION XI - TERMINATION OF CONTRACT
•
If through any cause, the successful bidder shall fail to fulfill in a timely and
proper manner obligations under this contract or if the contractor shall
violate any of the requirements of this contract, the Town shall thereupon
have the right to terminate this contract by giving written notice to the
contractor of such termination and specifying the effective date of
termination. Such termination shall relieve the Town of any obligation for
balances to the contractor of any sum or sums set forth in the contract.
•
Notwithstanding the above, the contractor shall not be relieved of liability
to the Town for damages sustained by the Town by virtue of any breach of
the contract by the contractor and the Town may withhold any payments
to the contractor for the purpose of compensation until such time as the
exact amount of the damage due the Town from the contractor is
determined.
•
The contractor agrees to indemnify and hold the Town 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 Town under this provision.
•
In case of default by the successful bidder, the Town may procure the
articles or services from other sources and hold the successful bidder
General Conditions – Professional Services, Goods &
Services
19
responsible for any excess cost occasioned thereby.
•
The Town shall have the right to declare the Contract in default in any of
the following eventualities:
o The Contractor becomes insolvent or a voluntary or involuntary
petition in bankruptcy be filed by or against the Contractor.
o The Contractor makes an assignment for the benefit of creditors
pursuant to the Statutes of the State of New Jersey.
o The Contractor fails to commence work when notified to do so by
the Business Administrator or the Engineer.
o The Contractor shall abandon the work.
o The Contractor shall refuse to proceed with the work when and as
directed by the Business Administrator or the Engineer.
o The Contractor shall without just cause, reduce his working force to
a number which, if maintained, shall be insufficient, in the opinion
of the Administrator or the Engineer, to complete the work in
accordance with the approved Progress Schedule, and shall fail or
refuse to sufficiently to increase such working force when ordered
to do so by the Administrator or Engineer.
o The Contractor shall sublet, assign, transfer, convey or otherwise
dispose of this Contract other than as herein specified.
o A receiver or receivers are appointed to take charge of the
Contractor's property or affairs.
o The Business Administrator or Engineer shall be of the opinion that
the Contractor is or has been unnecessarily, unreasonably, or
willfully delaying the performance or completion of the work, and
the awards of necessary sub-contractors, or the placing of
necessary material and equipment orders.
o The Business Administrator or Engineer shall be of the opinion that
the Contractor is or has been willfully or in bad faith violating any of
the provisions of this contract in good faith and in accordance with
its terms.
o The work is not completed within the time herein provided therefore
or within the time to which the Contractor may be entitled to have
such completion extended.
General Conditions – Professional Services, Goods &
Services
20
Before the Town shall exercise its right to declare the Contractor in
default by reason of the conditions set forth above, the Contractor
shall be given an opportunity to be heard. The right to declare in
default, for any of the grounds specified or referred to herein, shall
be exercised by sending the Contractor a
notice signed by the Business Administrator, setting forth the ground
or grounds upon which such default is declared. Upon receipt of
such notice, the Contractor shall immediately discontinue all further
operations under this contract and shall immediately quit the site,
leaving UNTOUCHED all plant, materials, equipment, tools and
supplies then on the site.
The Town, after declaring the Contractor in default, shall then have
the work completed by such means and in such manner, by
contract with or without public letting, or otherwise, as the Town
shall deem advisable, utilizing for such purposes any of the
Contractor's or Sub-contractor's plant, materials, equipment, tools
and supplies remaining on the site, as shall be deemed to be
available.
After such completion, the Town shall certify the expense incurred
in such completion, which shall include the cost of relating as well
as the total amount of liquidated damages (at the rate provided
for) from the date when the work should have been completed by
the Contract, in accordance with the terms hereof to the date of
actual completion of the work. Such certifications shall be binding
and conclusive upon the Contractor, his Sureties, and any person
claiming under the contract, as to the amount thereof.
The expense of such completion, as so certified by the Town shall
be charged against and deducted from such monies as would
have been payable to the Contractor, if he had completed the
work; and the balance of such monies, if any, subject to the other
provisions of this Contract, shall be paid to the Contractor without
interest after such completion. Should the expense of such
completion, so certified by the Town, exceed the total sum which
would have been payable under this contract if the same had
been completed by the Contractor, any such excess shall be paid
by the Contractor to the Town upon demand.
•
Continuation of the terms of this contract beyond the fiscal year is
contingent on availability of fluids in the following year's budget. In the
event of unavailability of such funds, the Town reserves the right to
General Conditions – Professional Services, Goods &
Services
21
cancel this contract.
•
The contractor shall maintain all documentation related to products,
transactions or services under this contract for a period of five years from
the date of final payment. Such records shall be available to the New
Jersey Office of the State Comptroller upon request.
SECTION XII - DISPUTE RESOLUTION
Any dispute arising under this Contract shall be resolved in accordance with and
subject to the provisions contained in N.J.S.A. 40A: 11-41.1 as outlined below.
Nothing in this section shall prevent the Town from seeking injunctive or
declaratory relief in court at any time.
•
All remedies provided elsewhere in the contract and/or specifications
governing the project in dispute shall be exhausted prior to initiating this
Dispute Resolution process. Where the Town, its engineer or architect, or its
administrative authorities are required by contract or specifications to
issue a decision, such decision must be rendered within the time
constraints in said contract prior to proceeding to resolve the dispute in
accordance with this section
•
Prior to litigation, the Town and contractor shall endeavor to settle disputes
by mediation in accordance with the current Construction Industry
Mediation Rules of the American Arbitration Association. The demand for
mediation shall be filed in writing with the other party to the Contract and
with the American Arbitration Association, with a copy to the
Administrator, Engineer or Architect for the project. This demand must cite
the specifics of the dispute and the relevant remedies sought.
o In no event shall a demand for mediation be made more than 30
days after the decision in dispute is rendered by the Town, its
engineer, architect, or administrative authorities, nor more than 30
days after the completion and acceptance of the work and
issuance of final payment, nor after the institution of legal or
equitable proceedings unless specifically agreed to by all parties to
the dispute.
o Nothing herein shall be construed to prevent the Town and
contractor from agreeing to an alternate dispute resolution
procedure in lieu of or in addition to mediation.
•
This Dispute resolution procedure shall not prevent the Town from
General Conditions – Professional Services, Goods &
Services
22
notifying any performance guarantor (surety) or maintenance guarantor
(surety) of the dispute and requesting the surety's assistance in resolving
any disputes with involve the contractor's performance or lack thereof
•
Default Provisions
For those contracts which do not require a Performance Bond, the
following DEFAULT PROVISIONS govern:
o If the contractor fails to complete the required work within the number
of days specified in the contract or abandons the required work for
working days and fails to commence working within 3
calendar days after receiving Notice of Default from the Town, then
the contractor is declared to be in fault of the contract. In instances
of the default of a contract, the Township of Vernon reserves the right
to immediately have the specified work completed by an alternate
contractor and the cost of this completion deducted from any and
all monies owed to the original contractor. If insufficient funds are not
available within the value of the original contract, then the
contractor shall be liable for any and all extra costs incurred by the
Town in completing the specified work.
SECTION XIII - OTHER PROVISIONS
•
Both parties agree to comply with all requirements of the Federal Health
Insurance Portability and Accountability Act of 1996 (“HIPAA”) as maybe
amended from time to time, and the corresponding HIPAA regulations for
the confidentiality and security of medical information. If awarded the
bid, the contractor shall:
o Not use or disclose protected health information other than as
permitted or required by law
o Use appropriate safeguards to protect the confidentiality of the
information
o Report any use or disclosure not permitted
•
The contractor, by execution of the contract, shall thereby indemnify and
hold the owner harmless from any and all liabilities, claims, actions, costs
and penalties which may be incurred as the result of the failure of the
contractor to comply with the requirements of the Health Insurance
Portability and Accountability Act (HIPAA) or any other statute or case
law protecting the privacy of persons using its services.
•
The owner shall retain all of its rights and interest in any and all documents
and property both hard copy (if applicable) and digital furnished by the
owner to the successful bidder (contractor) for the purpose of assisting the
contractor in the performance of this contract. None of the documents
General Conditions – Professional Services, Goods &
Services
23
and/or property shall, without the written consent of the owner, be
disclosed to others or used by the contractor or permitted by the
contractor to be used by their parties at any time except in the
performance of the resulting contract.
•
The contractor shall not have the right to use, sell, or disclose the total of
the interim or final work products, or make available to third parties,
without the prior written consent of the owner. Any information supplied to
the owner may be required to be supplied on CD/DVD or USB flash drive
media compatible with Microsoft Windows, and Microsoft Office Suite
2010 or greater.
•
Under state and federal statutes, certain government records are
protected from public disclosure. The owner, the contractor and any
subcontractors have a responsibility and an obligation to safeguard from
public access an employee's personal information with which it has been
entrusted when disclosure thereof would violate the employee's
reasonable expectation of privacy. All payroll, personnel and health
insurance related files are confidential. Additionally, the contractor and
any subcontractors may be privy to sensitive law enforcement information
or investigations during their review which must remain confidential. The
owner retains the right to make any public disclosure under the law. Also,
among government records deemed confidential are administrative or
technical information regarding computer hardware, software and
networks that, if disclosed, would jeopardize computer security. The
contractor and any subcontractor(s) are prohibited from the sale or
distribution of all supplied information to any third party.
•
Proof of licensure for any activity regulated by the State of New Jersey
and required to do the work required under this specification, for either
the firm or the person responsible for the work, shall be provided as
required by the owner.
General Conditions – Professional Services, Goods &
Services
24
--- Document: Competitive Contract Request for Proposals CC#5-2023 EMS Services ---
Competitive Contract Request for
Proposals
Notice is hereby given by the Township of Vernon that a Competitive
Contract in accord with N.J.S.A. 40A:11-4.1 will be received by the
Township on August 15, 2023, at 10:00 A.M. prevailing time conducted on
electronic platform, in accord with N.J.A.C. 5:34-1 et. Seq., on BIDNET at
www.bidnetdirect.com//vernontownship
CC #5-2023 EMS SERVICES
NOTE:
it is the bidder’s responsibility to ensure that the bid package is
uploaded onto the e-procurement site by the bid opening date and
time. Any bid document received after the deadline established by the
Department of Purchasing will not be accepted, regardless of the
method of delivery.
Bidders must comply with the requirements of N.J.S.A. 10:5-31 et seq., and
N.J.A.C. 17:27 et. Seq.,
The Township of Vernon will award this Competitive Contract in accord
with Price and Other Factors as outlined within N.J.S.A 40A:11-4.1 et.
Seq., and N.J.A.C. 5:34-4.1 et. Seq.,
Report of Competitive Contract:
In accord with N.J.S.A. 40A:11-4.4(d) the summary report will be posted
on
the Township
procurement
website
at
www.bidnetdirect.com//vernontownship at least 48 hours prior to the
governing body taking action on award.
For zoom information for public viewing of the opening contact Sean P. Canning,
QPA at scanning@thecanninggroup.org.
This procurement has been advertised in accordance with the “Fair
and Open Basis” and nothing further shall be required under the
Pay-to-Play Legislation (N.J.S.A. 19:44A-20.4).
Date: July 18, 2023
Tina Kraus
Business Administrator Township of Vernon
--- Document: Bid #1 - Pump Station No. 2 Replacement ---
NOTICE TO BIDDERS
Notice is hereby given that on November 3, 2022, at 9:00 A.M. (Prevailing time), bids will be
opened and read on zoom and conducted on electronic platform in accord with N.J.A.C. 5:34-1 et.
Seq., on BidNet Direct at www.bidnetdirect.com//vernontownship, and broadcast and recorded via
zoom, at which time and place the sealed bids will be opened publicly and read for the following:
Bid # 1- Pump Station No. 2 Replacement
The proposed Pump Station No. 2 to replace the existing pump station will consist of a
submersible type pump station with a wet well, two (2) submersible pumps, a comminutor, and a
valve / meter vault. A utility building will be constructed to house an emergency standby
generator, odor control feed system, and electrical and control panels. The existing Pump Station
No. 2 will be demolished.
This contract or subcontract is expected to be funded in part with funds from the New Jersey
Department of Environmental Protection and the New Jersey [Environmental Infrastructure Trust]
Infrastructure Bank. Neither the State of New Jersey, the New Jersey [Environmental
Infrastructure Trust] Infrastructure Bank nor any of their departments, agencies or employees is,
or will be, a party to this contract or subcontract or any lower tier contract or subcontract. This
contract or subcontract is subject to the provisions of N.J.A.C. 7:22-3, 4, 5, 9 and 10.
The successful bidder must comply with all the provisions of N.J.A.C. 7:22-9.1 et seq. for the
participation of small business enterprises owned and controlled by socially and economically
disadvantaged individuals (SEDs). The successful bidder shall comply with N.J.A.C. 7:22-
3.17(a)24 and 7:22-4.17(a), or 7:22-6.17(a)24, which require that no less than ten (10) percent of
the total amount of all contracts related to the project shall be awarded to SEDs.
NOTE:
It is the bidder's responsibility to ensure that the bid package is delivered by the bid opening
date and time. Any bid document received after the deadline established by the Department
of Purchasing will not be accepted, regardless of the method of delivery.
If indicated, bid proposals must be accompanied by a certified check, cashier's check, or bid bond
in the amount of ten per centum (10%) of the total amount of the bid, but not in excess of twenty
thousand ($20,000) dollars and made payable to the Township of Vernon. If bids are to be
submitted electronically in accord with this notice, then the bidder shall submit a copy of the bid
guarantee with electronic submittal and mail PRIOR to bid opening the original to the Municipal
Clerks office 21 Church Street, Vernon, N.J. 07462. The bid bond may also be provided in certified
check and cashiers check in accord with provisions within general requirements of this bid.
Surety Bonds must be written by surety companies listed on Department Circular 570 in
accordance with N.J.A.C. 7:22-3.17(g).
Zoom opening information and questions may be obtained from the Qualified
Purchasing Agent at:
Sean P. Canning, QPA
scanning @TheCanningGroup.org
The Township of Vernon does not release the project estimate.
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.
Bid Tabulation:
Bid results will be posted on the Township website at www.bidnetdirect.com//vernontownship
within 24 hours of the bid opening.
This bid has been advertised in accordance with the "Fair and Open Basis" and nothing further
shall be required under the Pay-to-Play Legislation (N.J.S.A. 19:44A-20.5).
Date: October 3, 2022,
Charles Voelker, Business AdministratorProtected Document Content
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"...l of the work required in these specifications within working days after commencing work as required in Section I above. • Term of Contract – Liquidated Damages The terms of this contract shall be completed within the time specified for completion of the work. The Township reserves the right to extend thi..."
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First Discovered
Apr 2, 2026
Last Info Update
Apr 2, 2026
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