Active SLED Opportunity · NEW JERSEY · MIDDLESEX COUNTY
AI Summary
Middlesex County, NJ, invites bids for washing services of fleet buses and vehicles, including weekly cleaning for 56 buses and 5 vans, and biweekly cleaning of a prison bus. Services must comply with environmental and security regulations. Contract is for 12 months with option to extend. Bids due May 1, 2026, via the county's procurement portal.
It is the intention of these specifications to provide to prospective bidders the requirements for the Furnishing of a Washing Service for Fleet Buses and Vehicles as required by Various Middlesex County Agencies.
The successful bidder is required to supply all pedigree information of any employee or subcontracted vendor (if applicable) that is designated to do work within these facilities upon awarding of the bid so that a security clearance can be conducted by the applicable law enforcement agency. Furthermore, any employee/subcontracted vendor who does not pass the security clearance will be prohibited from accessing said facility. If the vendor that was awarded the contract has within their employ or subcontracted an alternate person who passes the security clearance, those persons who pass the security screening process will be given access in order to provide the service in question. It the vendor who was awarded the contract does not have such employees/subcontract vendors available that can pass the security screening process, the County reserves the right to utilize a vendor who was next low bidder.
Bids shall be submitted electronically to the County of Middlesex, hereinafter referred to as “owner”, in accordance with public advertisement as required by law, via the Middlesex County's Electronic Procurement Portal (https://procurement.opengov.com/portal/middlesexcountynj/).
Unofficial bid prices will be available at the above portal site shortly after 10:00 am on Friday, May 1, 2026.
It is the bidder's responsibility to see that bids are submitted at the time designated. Any bids attempted to be submitted after said designated time shall be automatically rejected by Middlesex County's Electronic Procurement Portal.
ALL BIDDERS ARE URGED TO MAKE SURE BIDS ARE SUBMITTED PRIOR TO THE DUE DATE.
Bids submitted prior to the designated date and time for submission may be withdrawn and, if desired, modified and resubmitted. Received opened bids shall remain firm for a period of sixty (60) calendar days.
More than one (1) bid from an individual, a firm or partnership, a corporation or association under the same names shall not be considered.
All prices shall be entered on the Bid Sheet, which is part of these specifications.
Middlesex County is not responsible for specifications supplied by a third party. Potential bidders are cautioned that they are bidding at their own risk if a third-party supplied specifications that may not be complete.
No firm shall be issued a contract unless it complies with the affirmative action provisions of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1 et seq. as administered by the Division of Purchase & Property Contract Compliance and Audit Unit (Division) and provided below. The contract shall include the language included as MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE in this specification.
Each contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents:
N.J.S.A. 10:5-31 and N.J.A.C. 17:27 COUNTY OF MIDDLESEX - EEO/AFFIRMATIVE ACTION COMPLIANCE FORM CAN BE FOUND IN VENDOR QUESTIONNAIRE
Middlesex County has established a Qualified Business Enterprise Set-Aside Program to promote and encourage diversity in the County’s procurement of goods, services and construction as it relates to Qualified Minority Business Enterprises, Qualified Women Business Enterprises, Qualified Veteran Business Enterprises, and Qualified Small Business Enterprises (collectively referred to as “Qualified Business Enterprises”).
The County undertakes good faith efforts to contract with these Qualified Business Enterprises and encourage prime contractors to utilize subcontractors who are Qualified Business Enterprises. The County has established a goal to collectively award 20% of its contracts to Qualified Business Enterprises.
Vendors who are Qualified Business Enterprises shall submit their State of New Jersey Certifications with their bid or proposal.
It is the intention of these specifications to provide to prospective bidders the requirements for the Furnishing of a Washing Service for Fleet Buses and Vehicles as required by Various Middlesex County Agencies.
Each Price Certification Signature Form shall give the full business address, business phone, fax, e-mail if available, the contact person of the bidder, and be signed by an authorized representative as follows:
THE PRICE CERTIFICATION SIGNATURE FORM CAN BE FOUND INVENDOR QUESTIONNAIRE
The contract for this bid shall require that the contractor agrees not to discriminate in employment and agrees to abide by all anti-discrimination laws including but not limited to N.J.S.A. 10:2-1 as included in GENERAL INFORMATION of this document.
There are two (2) forms required as part of your price submittal; (1) the Bid Sheet and (2) the Price Certification Signature form. The Bid Sheet can be found elsewhere in this bid document and shall be used to enter all price information. You only need to enter the Unit Price of each item and the system will calculate the Total Price. No other form of submitting prices will be accepted. The Price Certification Signature form, which can be found at VENDOR QUESTIONNAIRE, certifies that the prices are correct, and shall be completed and uploaded.
Bidders shall not alter the official content or requirements of the County bid documents.
Vendor’s literature and/or pricing sheets shall not be accepted in lieu of completing the bid blank(s) set forth in these specifications except where specified. e.g. catalogs.
Estimated Quantities (Open-Ended Contracts, Purchase as Needed). The County has attempted to identify the item(s) and the estimated amounts of each item bid to cover its requirements; however, the amount ordered may differ from that submitted for bidding. The County reserves the right to decrease or increase the quantities specified in the specifications pursuant to N.J.A.C. 5:30-11.2 and § 11.10. NO MINIMUM PURCHASE IS IMPLIED OR GUARANTEED.
Bidder shall insert prices for furnishing all of the material and/or labor as described. 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 County. No additional charges shall be allowed for any transportation costs resulting from partial shipments made at vendors’ convenience, when a single shipment is ordered.
Contractor shall be responsible for obtaining any applicable permits or licenses from any government entity that has jurisdiction to require the same. This cost shall be included in the pricing submitted on the Bid Sheet.
Any bidder may withdraw their bid at any time prior to the bid submission date and time. Bids may be withdrawn, modified, and resubmitted at any time prior to the submission date and time.
No bid shall be withdrawn in the 60-day period after the bids are received, except public works bids, which shall be withdrawn in accordance with N.J.S.A. 40A:11-23.3.
All forms shall be completed and submitted as required. PLEASE SEE THE BID DOCUMENT CHECKLIST.
Alternate bids shall not be considered for any potential award of contract in respect to these bid specifications.
Bidder shall submit with the bid a certified check, cashier’s check, or bid bond in the amount of ten percent (10%) of the total bid price, but not in excess of $20,000.00, payable unconditionally to the County of Middlesex.
BID GUARANTEE SUBMITTAL DIRECTIONS FOR EPROCUREMENT SYSTEM
The Bid Bond or Certified Check must be enclosed in a sealed envelope bearing the name and identifying information of the project and the name and address of the bidder on the outside, and addressed to the Purchasing Agent of Middlesex County.
A Bid Bond or Certified Check that is sent via US Postal Services, delivery service or hand delivered (prior to the opening date and time) shall be addressed to: “Middlesex County Purchasing Agent, 75 Bayard Street, 3rd Floor, 75 Bayard Street, New Brunswick, NJ 08901.
If a bidder chooses to deliver the Bid Bond or Certified Check in person, the package MUST be received prior to the bid opening date and time by having the person delivering the package request that the Middlesex County Administration Building Security Desk contact the Purchasing Office. A member of the Purchasing Office staff will come to the Security Desk to receive the package and provide a receipt if requested.
When submitting a Bid Bond, it shall contain Power of Attorney for full amount of Bid Bond from a surety company authorized to do business in the State of New Jersey and acceptable to the County.
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 statute. A non conforming bid guarantee or failure to submit required guarantee shall be cause for rejection of the bid.
The successful bidder is required to complete a Child Abuse Record Information Form for any employee performing Custodial Services within the Youth Shelter and the Youth Detention Center.
Child Abuse Record Information Form will be supplied to the apparent lowest bidder approximately seven (7) days before date of award.
All signatures submitted shall consist of either scanned reproductions of original signatures or digital signatures that are timestamped. No other forms of electronic signatures will be accepted.
Discrimination based on disability in contracting for the purchase of goods or services is prohibited. If awarded the contract, the contractor is required to comply with requirements related to the Americans with Disabilities Act as provided in this specification as GENERAL INFORMATION. The contractor is obligated to comply with the Act and to hold the owner harmless for any violations committed under the contract.
Bidder shall submit with the bid, a Certificate (Consent of Surety) with Power of Attorney for the full amount of bid price from a Surety Company authorized to do business in the State of New Jersey and acceptable to the County, stating that it shall provide said bidder with a Performance Bond in the full amount of the bid. This certificate shall be obtained to confirm that the bidder to whom the contract is awarded shall furnish Performance and Payment bonds from an acceptable surety company on behalf of said bidder, any or all subcontractors or by each respective subcontractor or by any combination thereof which results in performance security equal to the total amount of the contract, pursuant to statute.
Failure to submit a Consent of Surety form shall be cause for rejection of the bid.
CONSENT OF SURETY SUBMITTAL DIRECTIONS FOR EPROCUREMENT SYSTEM
The electronic submittal shall include a copy of the Consent to Surety and the original shall be delivered in accordance with the following instructions:
Middlesex County Office of Ride
Please be advised the estimated size of the County’s vehicle fleet is fifty-six (56) buses and five (5) mini vans/ cars.
The successful bidder shall provide weekly interior and exterior cleaning and sanitation of Office of Ride fleet vehicles (cars, buses, and other). The successful bidder’s washing system shall be equipped with a wastewater recapture system that meets NJ Department of Environmental regulations, for ensuring the runoff of soap and water from the washing does not enter the storm sewers at these locations. The successful bidder shall also provide the actual amount of water recovered from wash site, and how it was properly disposed of.
Middlesex County Sheriff's Office
The successful bidder shall provide biweekly interior and exterior cleaning and sanitation of one (1) 40-foot Freightliner prison bus .
The successful bidder’s washing system shall be equipped with a wastewater recapture system that meets NJ Department of Environmental regulations, for ensuring the runoff of soap and water from the washing does not enter the storm sewers at these locations. The successful bidder shall also provide the actual amount of water recovered from wash site, and how it was properly disposed of.
Pay-to-Play Disclosure - Business entities are advised of their responsibility to file an annual disclosure statement of political contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A. 19:44A-20.27 if they receive contracts in excess of $50,000 from public entities in a calendar year. Business entities are responsible for determining if filing is necessary. Additional information on this requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.
Successful bidder shall, simultaneously with the delivery of the executed contract, submit an executed bond in the amount of one hundred percent (100%) of the acceptable bid as security for the faithful performance of this contract.
The performance bond provided shall not be released until final acceptance of the whole work and then only if any liens or claims have been satisfied. The surety on such bond or bonds shall be a duly authorized surety company authorized to do business in the State of New Jersey pursuant to N.J.S.A. 17:31-5.
Failure to submit a performance bond with the executed contract shall be cause for declaring the contract null and void pursuant to N.J.S.A. 40A:11-22.
Directions for submitting the Performance Bond will be provided upon award of a contract.
The bidder understands and agrees that its bid is submitted based on the specifications prepared by the County. The bidder accepts the obligation to become familiar with these specifications.
By submitting a bid, the bidder covenants and agrees that they have satisfied themselves from their own investigation of the conditions to be met, that they fully understand their obligations, and that they shall not make any claim for, or have right to, cancellation or relief, without penalty of the Contract, because of any misunderstanding or lack of information.
Bidders are expected to examine the specifications and related documents with care and observe all their requirements. Ambiguities, errors or omissions noted by bidders should be promptly reported in writing to the Purchasing Agent. In the event the bidder fails to notify the County of such ambiguities, errors or omissions, the bidder shall be bound by the requirements of the specifications and the bidder’s submitted bid.
No oral interpretation and/or clarification of the meaning of the specifications shall be made to any bidder. Every request for an interpretation shall be in writing, addressed to the Purchasing Agent and/or the Purchasing staff member listed in the specifications. To be given consideration, written requests for interpretation shall be received at least five (5) business days prior to the date fixed for the opening of the bids.
All such interpretations, clarifications and any supplemental instructions shall be in the form of written addenda to the specifications, and shall be distributed to all prospective bidders, in accordance with legal authority. All addenda issued shall become part of the contract documents and shall be acknowledged by the bidder in the bid submission. The County’s interpretations or corrections thereof shall be final.
Addenda shall be provided pursuant to the time and manner required by N.J.S.A. 40A:11-23(c)(1). The Acknowledgement of Receipt of Addenda shall be confirmed prior to submission of bid.
N.J.S.A. 52:25-24.2 provides that no business organization, regardless of form of ownership shall be awarded any contract for the performance of any work or the furnishing of any goods and services, unless, prior to the receipt of the bid or accompanying the bid of said business organization, bidders shall submit a statement setting forth the names and addresses of all persons and entities that own ten (10) percent or more of its stock or interest of any type at all levels of ownership. The disclosure shall be continued until names and addresses of every noncorporate stockholder, and individual partner, and member exceeding the ten (10) percent ownership, has been listed.
The included Statement of Ownership shall be completed and attached to the bid. This requirement applies to all forms of business organizations, including, but not limited to, corporations and partnerships, publicly owned corporations, limited partnerships, limited liability corporations, limited liability partnerships, sole proprietorship, and Subchapter S corporations. Failure to submit a disclosure document shall result in rejection of the bid as it cannot be remedied after bids have been opened.
Not-for-profit entities should fill in their name, check the not-for-profit box, and certify the form. No other information is necessary.
N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43), COUNTY OF MIDDLESEX - STATEMENT OF OWNERSHIP FORM CAN BE FOUND IN VENDOR QUESTIONNAIRE
The County reserves the right to postpone the date for presentation and opening of bids and shall give notice via the County’s Electronic Procurement Portal of any such postponement to the bid as required by law.
Disclaimer - The terms “Bidder”, “Contractor”, “Vendor”, "Proposer", may be used interchangeably herein and are meant to reference the entity submitting the bid.
The successful bidder shall perform the following during the contract period on each Bus, Para Transit Bus:
Clean, sanitize (unscented sanitizer) and deodorize all seating areas.
Clean interior windows and driver’s mirrors with glass cleaner .
Clean interior walls and floors with non-slipping detergent.
Clean dashboard with non-protectant cleaners and wipes and all “black areas” and equipment (radio, driver’s box, first aid box).
Vehicle computer display equipment to be cleaned with soft, dry cloth only.
Clean ceiling when needed.
The successful bidder shall perform the following during the contract period on each support vehicle:
Vacuum all carpeted surfaces, including mats and seats.
Clean all seating areas and floors/ carpeted surfaces with unscented sanitizer.
Clean interior windows and driver’s mirror with glass cleaner.
Clean dashboard and center console with non-protectant cleaners and wipes.
Pursuant to N.J.S.A. 52:32-44, the County of Middlesex 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:
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 $50,000.00, 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 (2) weeks from the date of purchase or execution of the contract or prior to payment for goods or services, whichever is earlier.
NEW JERSEY BUSINESS REGISTRATION CERTIFICATE SAMPLE CAN BE FOUND IN VENDOR QUESTIONNAIRE
Schedule for the Office of Ride
The successful bidder during the contract period shall wash Office of Ride's Fleet Vehicles at the following location:
Middlesex County, Office of Ride, 97 Apple Orchard Road Lane, North Brunswick, NJ 08902 on every Sunday each week.
The price shall be provided on a cost per vehicle basis with a separate pricing for interior/exterior and cars/minivans and vans/minibuses. The vans and minibus vehicles range between (20) and (30) feet in exterior body length.
Schedule for Sheriff's Office
The successful bidder during the contract period shall wash Sheriff's Office Freightliner Vehicle at the following location:
Middlesex County, Office of Ride, 97 Apple Orchard Road Lane, North Brunswick, NJ 08902 on Friday bi-weekly.
The price shall be provided on a cost per vehicle basis with a separate pricing for interior/exterior and cars/minivans and vans/minibuses. The freightliner bus is 40 feet in exterior body length.
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.
Failure to submit a labor and material bond with the performance bond shall be cause for declaring the contract null and void.
Directions for submitting the Labor and Material (Payment) Bond will be provided upon award of a contract.
Brand names and/or descriptions used in these specifications are to acquaint bidders with the type of goods and services desired and shall be used as a standard by which alternate or competitive materials offered shall be judged. Competitive items shall 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 explained by the bidder on a separate sheet and submitted with the bid. After requested by the County, failure to provide same shall be cause for rejection. Vendor's literature shall not suffice in explaining exceptions to these specifications. In the absence of any changes by the bidder, it shall be presumed and required that materials as described in the bid be delivered.
In the event the bidder takes exception to any part of the bid specifications, such exceptions shall be clearly identified in the bidder’s response on the Exceptions Form included in this bid package. It is the responsibility of the bidder to demonstrate the equivalency of item(s) offered and submit the equivalent product, when requested by the County. The County reserves the right to evaluate the equivalency of a product which, in its deliberations, meets its requirements.
Any bidder not submitting a product for testing understands and agrees that the County shall consider the bid informal and in the discretion of the County, shall accept or reject same or require proof of equivalency by an outside laboratory at the cost and expense of the bidder. If the County accepts a product claimed to be "equivalent" and after use it proves not to be "equivalent," the County shall have the right to cancel the Contract, return any unused goods, and the bidder shall be responsible to the County for all damages and additional costs incurred by the County. The determination of equivalency shall be solely that of the County.
If prospective bidders are providing prices on non-specified equipment, they shall provide the manufacturer's name, model number, and price and upload a document specifically identified with this information by with their bid submittal.
The bidder guarantees that the item is of first quality throughout and complies in all respects to the standards regularly sold by the manufacturer in the lines ordered. All items shall be guaranteed for at least one (1) year after date of acceptance or if the manufacturer prescribes a guarantee of greater duration, the latter time period of the guarantee shall control. Defective or inferior goods shall be replaced at the expense of the vendor. The vendor shall be responsible for return freight or restocking charges.
In submitting its bid, the bidder certifies that the goods and services to be furnished shall 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 shall save the County, its officers, agents, servants, and employees harmless from any liability and/or damages resulting from any such infringement.
Unless called for in the bid specifications, please indicate on the Exceptions Form when recycled products are being offered in lieu of unused products. No products offered shall include fracking waste.
The successful bidder’s invoice shall be detailed as follows:
Office of Ride
Sheriff's Office
Upon acceptance of the work by the owner, the contractor shall submit a maintenance bond (N.J.S.A. 40A:11-16.3) in an amount not to exceed NO VALUE% of the project costs guaranteeing against defective quality of work or materials for the period of:
_____ YEARS
The Board of County Commissioners reserves the right to accept or reject any or all bids, to waive identified irregularities and technicalities, and to award in whole or in part to the lowest responsible bidder, if it is in the best interest of the County to do so. Without limiting the generality of the foregoing, any bid which is incomplete, obscure, or irregular shall be rejected, and any bid accompanied by any insufficient or irregular certified check, cashier's check or bid bond shall be rejected.
The County further reserves the right to award each item separately to the lowest responsible bidder meeting specifications or to make an award based on the total bid to the bidder, whose total sum is the low bid meeting the specifications, whichever in the awarding authorities' opinion is in the best interest of the County. Without limiting the generality of the foregoing, the County reserves the right to award a contract based on either option that shall be described in the bid or based on any combination thereof.
The County reserves the right to award equal or tie bids at their discretion to any one of the tie bidders. Should the bidder, to whom the contract is awarded, fail to enter into a contract, the County shall then, at its option, accept the bid of the next lowest responsible bidder.
Any contract resulting from this solicitation shall be interpreted in accordance with the laws of the State of New Jersey.
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 of Iran. Bidders shall indicate if they comply with the law by certifying on the attached 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. This is a mandatory submittal.
The certification required shall be executed on behalf of the applicable person or entity by an authorized officer or representative of the person or entity.
DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN FORM CAN BE FOUND IN VENDOR QUESTIONNAIRE
P.L. 2022, c. 3 prohibits the award, renewal, amendment, or extension of State and local public contracts for goods or services with all persons and entities appearing on the list of Specially Designated Nationals and Blocked Persons promulgated by the Office of Foreign Assets Control (OFAC list) on account of activity relating to Russia or Belarus.
Before a goods and services contract can be entered into, vendors and contractors must certify that neither they nor any parent entity, subsidiary, or affiliate is listed on the OFAC List due to activity related to Russia and/or Belarus pursuant to P.L. 2022, c. 3.
The certification required shall be executed on behalf of the applicable person or entity by an authorized officer or representative of the person or entity. This is a mandatory submittal.
Statutory References: P.L.2002, c. 3; N.J.S.A 40A:11:2.1
CERTIFICATION OF NON‐INVOLVEMENT IN PROHIBITED ACTIVITIES IN RUSSIA OR BELARUS FORM CAN BE FOUND IN THE VENDOR QUESTIONNAIRE.
The contract shall commence five (5) business days from the Date of Award for a period of twelve (12) consecutive months. The County shall have the option to extend the contract for a second (2nd) year at the original bid prices, terms, and conditions, which option shall be subject to the availability of funds and approval of the Middlesex County Board of County Commissioners. Any services ordered or made within thirty (30) days after the Contract expires or any extension thereof shall be under the same terms and conditions specified in the bid/proposal and contract prices submitted by the vendor, unless said vendor indicates, in writing, thirty (30) days prior to the Contract Expiration or extension that it will not be bound by said terms, conditions and contract prices.
This is a firm fixed contract, prices firm, FOB destination. No price escalation shall be allowed unless specified elsewhere in these specifications. The contract shall be void and the County shall solicit a new contract should any price increase or surcharge be imposed.
Only manufactured and farm products of the United States, wherever available, shall be used pursuant to N.J.S.A. 40A:11-18.
It is understood that the bid specifications, the bid which is submitted in response thereto and the resolution adopted by the Middlesex County Board of County Commissioners accepting the bid, shall collectively constitute a binding contract between the County of Middlesex and the successful bidder.
Government entities are not private business/consumer clients; therefore, separate company agreements are not honored unless they are submitted with the bid and approved by County Counsel. Terms of the specifications/bid package prevail unless otherwise noted by the vendor as exceptions.
The method of award shall be based on the Lowest Combined Unit Total Cost Amount as submitted on the bid sheet. Bids considered shall meet all the requirements as outlined in the detail specifications.
The owner is exempt from any local, state, or federal sales, use or excise tax. The owner will not pay for N.J. State Sales and Use Tax that are included in any invoices.
Exemption Certificates will be furnished upon request by the Director of Purchasing.
Bidder shall complete and sign the Bid Submission Document Checklist and include it in the bid submission. For construction bids, failure to submit the checklist is a fatal defect and the bid shall be rejected. This document serves as a guide to bidders of the documents that are required to be submitted with the bid.
COUNTY OF MIDDLESEX - DOCUMENT CHECKLIST FORM CAN BE FOUND IN VENDOR QUESTIONNAIRE
Bidders shall comply with all laws relating to sale of and purchase by County Governments and Municipal Corporations insofar as they pertain to the purchase made under this Contract and shall pay prevailing wages as provided by law.
Any contract resulting from this bid shall be governed by and construed and enforced in accordance with the laws of the State of New Jersey without regard to principles of conflict of laws, except that Federal law shall apply as to matters where New Jersey law is preempted by Federal law. The bidder agrees and consents to be subject to the exclusive jurisdiction and venue of State or Federal courts, as appropriate, located in New Jersey in any suit, action, or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with, this Contract.
To ensure that the bidder has not participated in any collusion, directly or indirectly, with any other bidder or public entity representative, or otherwise taken any action in restraint of free and competitive bidding, all bidders shall properly execute and submit the attached Non-Collusion Affidavit prior to award. The Affidavit required shall be executed on behalf of the applicable person or entity by an authorized officer or representative of the person or entity.
COUNTY OF MIDDLESEX - NON-COLLUSIN AFFIDAVIT CAN BE FOUND IN VENDOR QUESTIONNAIRE WITH NOTARIZATION INFORMATION
The manufacturer or supplier of chemical substances or mixtures shall label them in accordance with the N.J. Worker and Community Right to Know Law (N.J.S.A. 34:5A-1 et seq., and N.J.A.C 8:59-1.1 et seq.,). All direct use containers shall bear a label indicating the chemical name(s) and Chemical Abstracts Service number(s) of all hazardous substances in the container, and all other substances which are among the five most predominant substances in the container, or their trade secret registry number(s) pursuant to N.J.A.C. 8:59-5. "Container" means a receptacle used to hold a liquid, solid or gaseous substance such as bottles, bags, barrels, cans, cylinders, drums and cartons. (N.J.A.C. 8:59-1.3). Further, all applicable Material Safety Data Sheets (MSDS) - hazardous substance fact sheet - shall be furnished. All containers which are stored at an owner’s facilities by the contractor or subcontractors shall display RTK labeling. Vendors with questions concerning labeling should contact the New Jersey Department of Health and Senior Services Right to Know Program for assistance in developing proper labels. www.nj.gov/health/workplacehealthandsafety/right-to-know/
If any wages are required to be paid by the County to any inspector or inspectors necessarily employed by it or any work required by these specifications for any number of days more than the number allowed in these specifications for performance of the work, the County shall deduct from the contract price any such wages paid or to be paid.
Pursuant to N.J.S.A. 34:11-56.25 et seq., contractors on projects for public work shall adhere to all requirements of the New Jersey Prevailing Wage Act. The contractor shall be required to submit a certified payroll record to the owner within ten (10) days of the payment of the wages. In the event it is found that any worker, employed by the contractor or any subcontractor has been paid a rate of wages less than the prevailing wage required to be paid, the owner shall terminate the contractor's or subcontractor's right to proceed with the work, or such part of the work as to which there has been a failure to pay required wages and prosecute the work to completion.
The contractor is also responsible for obtaining and submitting all subcontractors' certified payroll records within the aforementioned time period. The contractor shall submit said certified payrolls in the form set forth in N.J.A.C. 12:60-6.1(c). It is the contractor's responsibility to obtain any additional copies of the certified payroll form to be submitted by contacting the New Jersey Department of Labor and Workforce Development, Division of Workplace Standards.
Additional information is available at http://lwd.dol.state.nj.us/labor/wagehour/wagerate/pwr_construction.html
The successful bidder and/or its bonding company shall be responsible for indemnifying and holding the County of Middlesex harmless from all actions instituted by subcontractors and/or materialmen for the failure by the contractor or its bonding company to make timely payment for work provided to the contractor or bonding company. The contractor and/or bonding company shall further be responsible for payment for all services provided by any consultant or agent of Middlesex County in connection with any suit or action filed by a subcontractor or materialman.
N.J.S.A. 34:11-56.48, et seq. requires that a general or prime contractor and any listed subcontractors named in the contractor’s bid proposal shall possess a certificate at the time the bid proposal is submitted. After bid proposals are received, and prior to award of contract, the successful contractor shall submit a copy of the contractor’s certification along with those of all listed subcontractors. All non-listed subcontractors and lower tier sub-subcontractors shall be registered prior to starting work on the project. It is the general contractor’s responsibility that all non-listed sub-contractors at any tier have their certificate prior to starting work on the job.
Under the law, a “contractor” is “a person, partnership, association, joint stock company, trust, corporation or other legal business entity or successor thereof who enters into a contract” which is subject to the provisions of the New Jersey Prevailing Wage Act (N.J.S.A. 34:11-56.25, et seq.) It applies to contractors based in New Jersey or in another state.
To register, a contractor shall provide the State Department of Labor with a full and accurately completed application form. The form is available online at www.state.nj.us/labor/Isse/Ispubcon.html N.J.S.A. 34:11 56.55 specifically prohibits accepting applications for registration as a substitute for a certificate or registration.
The successful bidder shall continuously maintain adequate protection for all their items and the County’s property from injury, damage or loss arising in connection with the Contract. They shall make good such damage, injury or loss.
Bidder shall certify on the Equipment Certification form that they control or have access to equipment necessary to do the required work if awarded the contract. If the bidder does not own or lease the equipment, a certification from the owner of the equipment that the bidder shall have access to the equipment is required with the bid. (N.J.S.A. 40:11-20)
METHOD OF CONTRACT AWARD - The length of the contract shall be stated in the technical specifications. Pursuant to requirements of N.J.A.C. 5:30-5.1 et seq., any contract resulting from this bid shall be subject to the availability and appropriation of sufficient funds annually. If the award is to be made on the basis of a base bid only, it shall be made to that responsible bidder submitting the lowest base bid. If the award is to be made on the basis of a combination of a base bid with selected options, it shall be made to that responsible bidder submitting the lowest net bid. The County shall also elect to award the contract on the basis of unit prices. The form of contract shall be submitted by the County to the successful bidder. Terms of the specifications/bid package prevail. Bidder exceptions shall be formally accepted by the County.
The award of the contract(s) or the rejection of the bid(s) shall be made within sixty (60) days of the date of opening of bids. If the County deems it to be in its best interest to extend the time within which to award the contract by an additional thirty (30) days, it shall request, in writing, that each bidder consent to such extension. Any bidder who agrees to such extension shall so signify by advising the County, in writing, within three (3) days after the receipt of the County’s request. In the event of such extension, the County shall make the award or reject such bids on or before the 90th day after the date of opening of the bids.
CAUSES FOR REJECTING BIDS - Bids shall be rejected for any of the following reasons:
Payment shall be made, and interest shall bear, in accordance with NJSA 40A:11-19.1, after a properly executed County voucher/PO has been received and formally approved on the bill list by the Board of County Commissioners at its regular meetings on the first and third Thursdays of the month (unless advertised otherwise). The voucher/PO shall be certified correct by the department/division head who received the goods or services.
Where a vendor provides continuous services, invoices shall be held by the vendor and submitted monthly.
Bidders are invited to offer prompt payment discounts for invoices that are processed and paid within thirty (30) days of the receipt of the invoice. This discount shall not have any effect or bearing on the method of award. To be accepted, the prompt payment offered by the vendor shall not be less than 1%. Discounts shall be in whole numbers only (1%, 2%, etc.). If the vendor chooses to offer a prompt payment discount, it shall be entered on the bid sheet in the appropriate place.
Middlesex County shall receive a discount equal to a percentage (as set forth on the PRICE CERTIFICATION SIGNATURE FORM) of the amount of each invoice processed and paid within thirty (30) days of the receipt of the fully executed and correct invoice. “Processed and Paid” shall mean the issuance of a check and the mailing of same on or before the 30th day. The discount shall be deducted from the amount of the invoice and a net check issued to the vendor. The discount listed shall not have any effect or bearing on the method of award of the contract.
The County of Middlesex will not enter into a contract for work with any person, company or firm that is on the State Department of Labor and Workforce Development; Prevailing Wage Debarment List, or the State of New Jersey Consolidated Debarment Report (www.state.nj.usreasury/debarred), the Federal System for Award—SAM.gov, or any such other applicable list. All bidders are required to submit, at the time of the bid, the sworn certification indicating whether or not the bidder is, at the time of the bid, included on the State Department of Labor and Workforce Development; Prevailing Wage Debarment List, the State of New Jersey Consolidated Debarment Report, the Federal Debarred Vendor List –Excluded Parties List System—System for Award Management—SAM.gov, or any other applicable list. This certification is included in this bid specification.
CERTIFICATION OF NON-DEBARMENT FORM CAN BE FOUND IN VENDOR QUESTIONNAIRE
Multi-Year Contracts as awarded shall be subject to the availability and appropriation annually of sufficient funds required to meet any award obligation extending beyond a twelve (12) month period. This is in accordance with Local Public Guidelines and Contract Regulations.
The bidder shall not assign, transfer, convey, sublet or otherwise dispose of the Contract, or their rights, title, or interest in or to the same of any art thereof, without previous consent, in writing by the County, endorsed upon or attached to each copy of the Contract; and they shall not assign, by power of attorney or otherwise, any of the monies to become due and payable under the Contract, unless by and with consent signified in like manner.
If the bidder shall, without such previous written consent, assign, transfer, convey, sublet or otherwise dispose of the Contract in whole or in part or of their right, title or interest therein, or any of the monies to become due under the Contract to any person, firm or corporation, the Contract shall, at the option of the County, be revoked and annulled, and the County thereupon relieved and discharged from any and all liability and obligations growing out of the same to the bidder and to their assignee or transferee, provided that nothing herein contained shall be construed to hinder, prevent or affect an assignment by the bidder for the benefit of their creditors made pursuant to the statutes of the State of New Jersey; and no right under this Contract or to any money to become due hereunder, shall be asserted against the owner in law or in equity by reason of any so-called assignment of this contract, or any part thereof, or any monies to grow due hereunder unless authorized as aforesaid by the written consent of the County.
It is understood by all parties that if, during the life of the contract, the contractor disposes of their business concern by acquisition, merger, sale and/or transfer or by any means convey their interest(s) to another party, all obligations are transferred to that new party. In this event, the new owner(s) shall be required to submit, when required, a performance bond in the amount of the open balance of the contract.
Bidder should be aware of the following statutes that represent “Truth in Contracting” laws:
Each fiscal year payment obligation of the County is conditioned upon the availability of County funds appropriated or allocated for the payment of such an obligation. If funds are not allocated and available for the continuance of any services performed by the Contractor hereunder, whether in whole or in part, the County at the end of any fiscal year shall terminate such services. The County shall notify the Contractor in writing immediately of any services that shall be affected by a shortage of appropriated funds. This provision shall not be construed so as to permit the County to terminate this Agreement during the term, or any service hereunder, merely in order to acquire identical services from a third-party contractor.
Public funds shall be used to pay only for goods delivered or services rendered. No employee is authorized to sign a letter of credit or any other document that represents a legal commitment on the part of the County to pay additional fees. Pursuant to N.J.S.A. 40A:11-19.1, unless otherwise agreed to, the required payment date shall be sixty (60) calendar days from the date specified in the contract or if no required payment is specified in the contract, then the required payment date shall be sixty (60) calendar days from the receipt of a properly executed invoice, or sixty (60) calendar days from the receipt of goods or services, whichever is later. Interest shall not be paid unless goods and services are rendered and the County is in receipt of a properly executed invoice, including all supporting documentation. Interest shall be paid at the rate specified by the State Treasurer for late payments to business concerns pursuant to N.J.S.A. 52:32-35. A contracting unit may waive the interest payment for a delinquency due to circumstances beyond the control of the contracting unit, including but not limited to a strike or natural disaster.
Each bidder shall submit a copy of its W-9 Request for Taxpayer Identification Number and Certification to the Middlesex County Office of Purchasing either at the time of the bid opening, or within three (3) days after notification from the Office of Purchasing that a contract is to be awarded to your company/corporation. The form is available at the following link: www.irs.gov/pub/irs-pdf/fw9.pdf
W-9 SAMPLE CAN BE FOUND IN VENDOR QUESTIONNAIRE
All parties agree to comply with all requirements of the Federal Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), Pub.L. 104–191, 110 Stat. 1936, as amended, and the corresponding HIPAA regulations for the confidentiality and security of medical information.
The Contractor shall:
The contractor, by execution of the contract, shall thereby indemnify and hold the County harmless from any and all liabilities, claims, actions, costs and penalties which shall be incurred as the result of the failure of the contractor to comply with the requirements of HIPAA or any other statute or case law protecting the privacy of persons using its services.
If it becomes necessary for the vendor, either as principal or by agent or employee, to enter upon the premises or property of the County in order to construct, erect, inspect, make delivery or remove property hereunder, the vendor hereby covenants and agrees to take, use, provide and make all proper, necessary and sufficient precaution, safeguards and protections against the occurrence of happenings of any accidents, injuries, damages or hurt to any person or property during the progress of the work herein covered, and to be responsible for, and to indemnify and hold harmless the County from the payment of all sums of money by reason of all, or any, such accidents, injuries, damages or hurt that shall happen or occur upon or about such work and all fines, penalties and loss incurred for or by reason of the violation of any city or borough ordinance regulation, or the laws of the State, or the United States, while the said work is in progress.
Contractor shall carry insurance to indemnify the County against any claim for loss, damage or injury to property or persons arising out of the performance of the Contractor or their employees and agents of the services covered by the Contract and the use, misuse or failure of any equipment used by the Contractor or their employees or agents and shall provide certificates of such insurance to the County.
To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the County, and its agents or employees from and against any and all claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from provision or failure of provision of the bid requirements described herein. The County of Middlesex is not authorized to indemnify any third party for the acts of any party other than the entities, agents, or employees of the County. However, the County is subject to all provisions of the New Jersey Tort Claims Act, N.J.S.A 59:1-1, et seq. and available appropriations. The County assumes no responsibility or obligations to any third parties by awarding this Contract to the Contractor.
The contractor shall maintain sufficient insurance to protect against all claims described herein and shall be subject to approval for adequacy of protection and certificates of such insurance shall be provided with the County named as additional insured.
Vendor shall procure and maintain, at all times while the contract is in full force and effect, the following insurance coverage with an insurance company or companies acceptable to the County, with limits not less than those shown below. A Certificate of Insurance shall be provided which indicates coverage on a primary and non-contributory basis, naming the County as an additional Insured for all coverages except Workers Compensation. The Certificate of Insurance shall be filed with the County prior to award of the contract. Failure to submit same shall be grounds for rescission of the contract.
Commercial General Liability (CGL): Coverage for all operations including but not limited to contractual, products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $1,000,000 per occurrence/$2,000,000 aggregate. The County of Middlesex, its officers, officials, employees, agents and volunteers shall be included as an additional insured.
Automobile Liability: Coverage for all owned, non-owned and hired vehicles with limits not less than $1,000,000 per occurrence, combined singled limits (CSL) or its equivalent.
Workers Compensation: As required by the State of New Jersey, covering all employees engaged in performance of the contract pursuant to N.J.S.A. 34:15-12(a) and N.J.A.C. 12:235-1.6, with limits not less than $1,000,000 per accident for bodily injury or disease.
Coverage on Primary and Non-contributory Basis: The Certificate of Insurance should indicate that all insurance coverages (excluding Workers Compensation) shall be provided on a primary and non-contributory basis to the County of Middlesex, its officers, officials, employees, agents and volunteers.
Any combination of primary and umbrella/excess may be used to satisfy the limits.
Insurance is to be placed with sureties with a current A.M. Best Rating of no less than A:VII, unless otherwise acceptable to the County.
Self-insured retentions shall be declared to and approved by the County.
The insurances shall contain waiver of subrogation provisions, as allowed by law, in favor of the County.
Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with written notice to the County.
Special Risks or Circumstances: The County reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
SAMPLE CERTIFICATE OF INSURANCE CAN BE FOUND IN VENDOR QUESTIONNAIRE
To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the County, and its agents or employees from and against any and all claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from provision or failure of provision of the bid requirements described herein. The County of Middlesex is not authorized to indemnify any third party for the acts of any party other than the entities, agents, or employees of the County. However, the County is subject to all provisions of the New Jersey Tort Claims Act, N.J.S.A 59:1-1, et seq. and available appropriations. The County assumes no responsibility or obligations to any third parties by awarding this Contract to the Contractor.
The contractor shall maintain sufficient insurance to protect against all claims described herein and shall be subject to approval for adequacy of protection and certificates of such insurance shall be provided with the County named as additional insured.
Consultant shall carry and maintain at all times while the contract is in full force and effect, the following insurance coverage with an insurance company or companies acceptable to the County, with limits not less than those shown below. A Certificate of Insurance shall be filed with the County prior to commencement of the work.
Coverage on Primary and Non-contributory Basis: The Certificate of Insurance should indicate that all insurance coverages (excluding Workers Compensation) shall be provided on a primary and non-contributory basis to the County of Middlesex, its officers, officials, employees, agents, and volunteers.
Any combination of primary and umbrella/excess may be used to satisfy the limits.
Insurance is to be placed with sureties with a current A.M. Best Rating of no less than A:VII, unless otherwise acceptable to the County.
Self-insured retentions shall be declared to and approved by the County.
The insurances shall contain waiver of subrogation provisions, as allowed by law, in favor of the County.
Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with written notice to the County.
Special Risks or Circumstances: The County reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
SAMPLE CERTIFICATE OF INSURANCE CAN BE FOUND IN VENDOR QUESTIONNAIRE
To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the County, and its agents or employees from and against any and all claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from provision or failure of provision of the bid requirements described herein. The County of Middlesex is not authorized to indemnify any third party for the acts of any party other than the entities, agents, or employees of the County. However, the County is subject to all provisions of the New Jersey Tort Claims Act, N.J.S.A 59:1-1, et seq. and available appropriations. The County assumes no responsibility or obligations to any third parties by awarding this Contract to the Contractor.
The contractor shall maintain sufficient insurance to protect against all claims described herein and shall be subject to approval for adequacy of protection and certificates of such insurance shall be provided with the County named as additional insured.
Contractor shall carry and maintain at all times while the contract is in full force and effect, the following insurance coverage with an insurance company or companies acceptable to the County, with limits not less than those shown below. A Certificate of Insurance shall be filed with the County prior to commencement of the work.
Coverage on Primary and Non-contributory Basis: The Certificate of Insurance should indicate that all insurance coverages (excluding Workers Compensation) shall be provided on a primary and non-contributory basis to the County of Middlesex, its officers, officials, employees, agents, and volunteers.
Any combination of primary and umbrella/excess may be used to satisfy the limits.
Insurance is to be placed with sureties with a current A.M. Best Rating of no less than A:VII, unless otherwise acceptable to the County.
Self-insured retentions shall be declared to and approved by the County.
The insurances shall contain waiver of subrogation provisions, as allowed by law, in favor of the County.
Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with written notice to the County.
Special Risks or Circumstances: The County reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
SAMPLE CERTIFICATE OF INSURANCE CAN BE FOUND IN VENDOR QUESTIONNAIRE
To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the County, and its agents or employees from and against any and all claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from provision or failure of provision of the bid requirements described herein. The County of Middlesex is not authorized to indemnify any third party for the acts of any party other than the entities, agents, or employees of the County. However, the County is subject to all provisions of the New Jersey Tort Claims Act, N.J.S.A 59:1-1, et seq. and available appropriations. The County assumes no responsibility or obligations to any third parties by awarding this Contract to the Contractor.
The contractor shall maintain sufficient insurance to protect against all claims described herein and shall be subject to approval for adequacy of protection and certificates of such insurance shall be provided with the County named as additional insured.
Coverage on Primary and Non-contributory Basis: The Certificate of Insurance should indicate that all insurance coverages (excluding Workers Compensation) shall be provided on a primary and non-contributory basis to the County of Middlesex, its officers, officials, employees, agents and volunteers.
Any combination of primary and umbrella/excess may be used to satisfy the limits.
Insurance is to be placed with sureties with a current A.M. Best Rating of no less than A:VII, unless otherwise acceptable to the County.
Self-insured retentions shall be declared to and approved by the County.
The insurances shall contain waiver of subrogation provisions, as allowed by law, in favor of the County.
Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with written notice to the County.
Special Risks or Circumstances: The County reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
SAMPLE CERTIFICATE OF INSURANCE CAN BE FOUND IN VENDOR QUESTIONNAIRE
To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the County, and its agents or employees from and against any and all claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from provision or failure of provision of the bid requirements described herein. The County of Middlesex is not authorized to indemnify any third party for the acts of any party other than the entities, agents, or employees of the County. However, the County is subject to all provisions of the New Jersey Tort Claims Act, N.J.S.A 59:1-1, et seq. and available appropriations. The County assumes no responsibility or obligations to any third parties by awarding this Contract to the Contractor.
The contractor shall maintain sufficient insurance to protect against all claims described herein and shall be subject to approval for adequacy of protection and certificates of such insurance shall be provided with the County named as additional insured.
Lessee shall carry and maintain at all times while the contract is in full force and effect, the following insurance coverage with an insurance company or companies acceptable to the County, with limits not less than those shown below. A Certificate of Insurance shall be filed with the County prior to commencement of the work.
Coverage on Primary and Non-contributory Basis: The Certificate of Insurance should indicate that all insurance coverages (excluding Workers Compensation) shall be provided on a primary and non-contributory basis to the County of Middlesex, its officers, officials, employees, agents and volunteers.
Any combination of primary and umbrella/excess may be used to satisfy the limits.
Insurance is to be placed with sureties with a current A.M. Best Rating of no less than A:VII, unless otherwise acceptable to the County.
Self-insured retentions shall be declared to and approved by the County.
The insurances shall contain waiver of subrogation provisions, as allowed by law, in favor of the County.
Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with written notice to the County.
Special Risks or Circumstances: The County reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
SAMPLE CERTIFICATE OF INSURANCE CAN BE FOUND IN VENDOR QUESTIONNAIRE
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RESCISSION - The County of Middlesex reserves the right to rescind any contract which it has awarded, prior to the commencement of work under said contract. The right to rescind shall be exercised by the County of Middlesex when, in its sole discretion, it determines that rescission is in the best interests of the County. The County shall reimburse the contractor for reasonable out-of-pocket expenses which were incurred between the time the contract was awarded and the date of rescission.
COUNTY’S RIGHT OF CANCELLATION -The County of Middlesex shall have the right to cancel the Contract entered into with the successful bidder(s) at any time during the Contract Period with a thirty (30) day Notice of Cancellation.
CONTRACTOR DEFAULT – The Middlesex County Board of County Commissioners shall have the right in case of failure, neglect, or the refusal of the contractor to do the work specified satisfactorily, to terminate the Contract at the expiration of a three (3) day written notice to the contractor and surety served upon them at their last known address according to the records of the County of Middlesex. At the expiration of said notice, the County shall, at its option, proceed to perform said work itself or enter into a Contract for the performance thereof for the balance of the term provided, however, that the person, firm, or corporation chosen by the surety is approved by the County. Where the County proceeds to perform the work itself or enters into a Contract for the performance for the balance of the term, the County shall deduct the cost thereof from the payments due to or grown due and the contractor shall be liable for such deficiency. If the County shall declare the said Contract in default, in the whole or in any particular, such declaration of default shall in no way relieve or affect the liability of the contractor and his surety for breach of any of the covenants and conditions of said Contract.
CONTRACTOR FINANCIAL DEFAULT - If the Contractor should be adjudged bankrupt or should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, the County shall terminate this contract. If the Contractor should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to provide enough properly skilled workers or proper materials, or persistently disregard laws and ordinances, or not proceed with work of this contract, the County shall give the Contractor fifteen (15) calendar days written notice. Upon receipt of such termination notice, the Contractor shall be allowed seven (7) calendar days to cure such deficiencies.
If, through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations under the contract or if the contractor shall violate any of the requirements of the contract, the County shall there upon have the right to terminate the contract by giving written notice to the contractor of such termination and specifying the effective date of termination. Such termination shall relieve the owner of any obligation for balances to the contractor of any sum or sums set forth in the contract. The County shall pay only for goods and services accepted prior to termination.
Notwithstanding the above, the contractor shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the contract by the contractor and the County shall withhold any payments to the contractor for the purpose of compensation until such time as the exact amount of the damage due the County from the contractor is determined.
The contractor agrees to indemnify and hold the County 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 County.
In case of default by the contractor, the County shall procure the goods or services from other sources and hold the contractor responsible for any excess cost.
Continuation of the terms of the contract beyond the fiscal year is contingent on availability of funds in the following year's budget. In the event of unavailability of such funds, the County reserves the right to cancel the contract.
The County reserves the right to add and/or delete services to this contract. Should a service requirement be deleted, payment to the Contractor shall be reduced proportionally to the amount of service deleted in accordance with the bid price. Should additional services be required, payment to the Contractor shall be increased proportionally to the amount of service added in accordance with the bid price.
Any prospective bidder who wishes to challenge a bid specification shall file such challenges in writing with the Director of Purchasing no less than three (3) business days prior to the opening of the bids.
Challenges filed after that time shall be considered void and having no impact on the contracting unit or the award of contract.
The County shall retain all its rights and interest in any and all documents and property, both hard copy and digital, furnished by the County to the contractor for the purpose of assisting the contractor in the performance of this contract. All such items shall be returned immediately to the County at the expiration or termination of the contract or completion of any related services, pursuant thereto, whichever comes first.
None of the documents and/or property shall, without the written consent of the County, 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.
Ownership of all data, materials and documentation originated and prepared for the owner pursuant to this contract shall belong exclusively to the County. All data, reports, computerized information, programs and materials related to this project shall be delivered to and become the property of the owner upon completion of the project. 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 prior written consent of the County. All information supplied to the County shall be required to be supplied on electronic media compatible with the County’s most current computer operating system.
Payments shall be made upon the approval of vouchers/purchase orders submitted by the successful vendor in accordance with the requirements of the Board of County Commissioners and subject to the Board of County Commissioners customary procedures. The successful vendor shall submit one voucher/purchase order and original invoice on a monthly basis accompanied by a detailed summary of the monthly activities.
In the event of a Public Emergency declared at the Local, State or Federal Level, if the County opts to extend terms and conditions of this bid, the contractor agrees to extend the terms and conditions of this bid, whether existing, expiring or expired no longer than six months, for goods and/or services for the duration of the emergency. In the event the original contractor cannot meet this requirement, the County shall solicit the goods and/or services from any bidder on this contract.
N.J.A.C. 17:44-2.2 provides the State of New Jersey the authority to audit or review contract records. The contractor shall maintain all documentation related to products, transactions, or services under this contract for a period of five (5) years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon request.
Subsequent to bid submission date and time, all information submitted by bidders in response to the bid solicitation is considered public information, except as shall be exempted from public disclosure by the Open Public Records Act, N.J.S.A. 47:1A-1 et seq., (“OPRA”), or other applicable law.
A bidder shall designate specific information as not subject to disclosure when the bidder has a good faith legal/factual basis for such assertion (e.g. trade secrets, proprietary information, or information that is otherwise recognized by law as privileged or confidential). The County reserves the right to request further information regarding the nature of the claim of confidentiality and to make the determination whether it is subject to disclosure, and shall advise the bidder accordingly. The location in the bid of any such designation should be clearly stated in a cover letter uploaded with the bid submission. The County shall not honor any attempt by a bidder either to designate its entire bid as proprietary and/or to claim copyright protection for its entire bid.
The bidder shall commit in writing to assist the County’s effort to protect the confidentiality of the documents and/or information and be responsible for any and all costs pertaining to any such OPRA request for disclosure or a challenge to the confidentiality of the documents/information. A claim for confidentiality should be separate from the bid but should accompany the bidder’s submission of the bid.
By signing the Price Certification Signature form, the bidder waives any claims of copyright protection set forth within the manufacturer's price list and/or catalogs. The price lists and/or catalogs shall be accessible to the County and its cooperative purchasing partners (if applicable) and thus shall be made public to allow all eligible purchasing entities access to the pricing information.
All bids, except for information determined by the County or the Court to be proprietary, are available for public inspection after review by the Middlesex County Counsel’s Office. At such time, interested parties can make an appointment with the Purchasing Office to inspect bids received in response to this solicitation.
All bids, except for information claimed by the bidder to be confidential or proprietary, or determined by the County or the Court to be proprietary, will be publicly available after bids are opened or accessed N.J.S.A. 40A:5-1.
Permission for a bidder to withdraw a bid due to a mistake in certain circumstances, N.J.S.A. 40A:11-23.3 authorizes a bidder to request a withdrawal of a public works bid due to a mistake on the part of the bidder. A mistake is defined by N.J.S.A. 40A:11-2(42) as a clerical error that is an unintentional and substantial computational error or an unintentional omission of a substantial quantity of labor, material, or both, from the final bid computation.
A bidder claiming a mistake under N.J.S.A. 40A:11-23.3 must submit a request for withdrawal, in writing, by certified or registered mail to Ann V. Hartwick, QPA, Purchasing Agent, 75 Bayard Street, New Brunswick, NJ 08901. The bidder must request withdrawal of a bid due to a mistake, as defined by law, within five (5) business days after the receipt and opening of the bids. Since the bid withdrawal request shall be effective as of the postmark of the certified or registered mailing, the Purchasing Agent may contact all bidders, after bids are opened, to ascertain if any bidders wish to, or already have exercised a request to withdraw their bid pursuant to N.J.S.A. 40A:11-23.3.
A bidder’s request to withdraw the bid shall contain evidence, including any pertinent documents, demonstrating that a mistake was made. Such documents and relevant written information shall be reviewed and evaluated by the public owner’s designated staff pursuant to the statutory criteria of N.J.S.A. 40A:11-23.3.
The public owner will not consider any written request for a bid withdrawal for a mistake, as defined by N.J.S.A. 40A:11-2(42), by a bidder in the preparation of a bid proposal unless the postmark of the certified or registered mailing is within five (5) business days following the opening of bids. Any bidder who is granted a bid withdrawal shall be disqualified from submitting a bid in the future on the same project.
The County of Middlesex has formed the Middlesex County Cooperative Contract Purchasing System (CK-12 MIDDLESEX) whereby approval of the successful vendor, all local units located within the geographical boundary of the County shall procure the provision and performance of goods and services for their own needs, subject to the specifications, terms and conditions set forth in the contract awarded by the County. Membership is not required for all entities within the geographical boundaries of Middlesex County.
The extension of the bid prices to entities within the geographical boundaries of Middlesex County is voluntary on the part of any bidder. Please indicate in the designated form whether you agree to extend the prices submitted for the County’s purchases to the participating municipalities. Refusal to extend these prices shall not be grounds for rejection of a bid.
The goods or services in this bid will be offered to members without substitution or deviation from specifications, size features, quality, price or availability as herein set forth. It is understood that orders shall be placed directly by the contracting units, subject to the overall terms of the contract to be awarded by the County of Middlesex, and that no additional service charge or delivery charges shall be allowed except as permitted by these specifications.
N.J.S.A. 10:5-31 et seq. (P.L.1975, c.127) and 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, shall 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 shall 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 shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants shall 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 shall 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 shall 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: www.state.nj.usreasury/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 shall 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 shall 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.
N.J.S.A. 10:5-31 et seq. (P.L.1975, c.127) and N.J.A.C. 17:27-1.1 et seq.
CONSTRUCTION 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 or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer, pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act.
When hiring or scheduling workers in each construction trade, the contractor or subcontractor agrees to make good faith efforts to employ minority and women workers in each construction trade consistent with the targeted employment goal prescribed by N.J.A.C. l7:27-7.2; provided, however, that the Dept. of LWD, Construction EEO Monitoring Program, may, in its discretion, exempt a contractor or subcontractor from compliance with the good faith procedures prescribed by the following provisions, A, B, and C, as long as the Dept. of LWD, Construction EEO Monitoring Program is satisfied that the contractor or subcontractor is employing workers provided by a union which provides evidence, in accordance with standards prescribed by the Dept. of LWD,
Construction EEO Monitoring Program, that its percentage of active “card carrying” members who are minority and women workers is equal to or greater than the targeted employment goal established in accordance with N.J.A.C. 17:27-7.2. The contractor or subcontractor agrees that a good faith effort shall include compliance with the following procedures:
Pursuant to N.J.S.A. 10:2-1, if awarded a contract, the contractor agrees that:
No provision in this section shall be construed to prevent a board of education from designating that a contract, subcontract or other means of procurement of goods, services, equipment or construction shall be awarded to a small business enterprise, minority business enterprise or a women's business enterprise pursuant to P.L.1985, c.490 (C.18A:18A-51 et seq.).
Where applicable, the provisions set forth in this Rider apply to all purchases funded, in whole or in part, by Federal funds as required by 2 CFR 200.317.
I. PROCUREMENT OF RECOVERED MATERIALS
To the extent that the scope of work or bid specifications in the contract requires the contractor to provide any of the following items, this Rider shall modify and supersede the terms of the scope of work or specifications.
Pursuant to 2 CFR 200.322, the contractor must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, 42 U.S.C. § 6962. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds$ 10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $ 10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
II. EQUAL EMPLOYMENT OPPORTUNITY
Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."
During the performance of this contract, the contractor agrees as follows:
Ill. DAVIS-BACON ACT, 40 U.S.C. 3141-3148, AS AMENDED
When required by Federal program legislation, all prime construction contracts in excess of $ 2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.
IV. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT, 40 u.s.c. 3701-3708
Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
V. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT
If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.
VI. CLEAN AIR ACT, 42 U.S.C. 7401-7671Q. AND THE FEDERAL WATER POLLUTION CONTROL ACT, 33 U.S.C. 1251-1387. AS AMENDED
Contracts and subgrants of amounts in excess of$ 150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
VII. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689)
A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
VIII. BYRD ANTI-LOBBYING AMENDMENT, 31 U.S.C. 1352
Contractors that apply or bid for an award exceeding$ 100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
APPENDIX II TO PART 200 8/25/21
IX. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41.U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
X. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.
XI. § 200.321 Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms.
XII. § 200.322 Domestic preferences for procurements.
XIII. §200.216 Prohibition on certain telecommunications and video surveillance services or equipment.
XIV. Copeland Anti-Kickback Provision 40 U.S.C. 3145
The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.
This Rider consists of (3) Pages and (14) Articles and is hereby incorporated into any issued Purchase Order or Contract as applicable by title of this document.
Equal Opportunity for Individuals with Disability
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. S121 01 et seq.), which prohibits discrimination on the basis of disability by public entities in all services, programs, and activities provided or made available by public entities, and the rules and regulations promulgated pursuant there unto, are made a part of this contract. In providing any aid, benefit, or service on behalf of the owner pursuant to this contract, the contractor agrees that the performance shall be in strict compliance with the Act. In the event that the contractor, its agents, servants, employees, or subcontractors violate or are alleged to have violated the Act during the performance of this contract, the contractor shall defend the owner in any action or administrative proceeding commenced pursuant to this Act. The contractor shall indemnify, protect, and save harmless the owner, its agents, servants, and employees from and against any and all suits, claims, losses, demands, or damages, of whatever kind or nature arising out of or claimed to arise out of the alleged violation. The contractor shall, at its own expense, appear, defend, and pay any and all charges for legal services and any and all costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith. In any and all complaints brought pursuant to the owner’s grievance procedure, the contractor agrees to abide by any decision of the owner which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the owner, or if the owner incurs any expense to cure a violation of the ADA which has been brought pursuant to its grievance procedure, the contractor shall satisfy and discharge the same at its own expense.
The owner shall, as soon as practicable after a claim has been made against it, give written notice thereof to the contractor along with full and complete particulars of the claim, if any action or administrative proceeding is brought against the owner or any of its agents, servants, and employees, the owner shall expeditiously forward or have forwarded to the contractor every demand, complaint, notice, summons, pleading, or other process received by the owner or its representatives.
It is expressly agreed and understood that any approval by the owner of the services provided by the contractor pursuant to this contract shall 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 shall 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.
THE ADA COMPLIANCE FORM CAN BE FOUND IN VENDOR QUESTIONNAIRE
This form shall be completed by all business entities to authorize signatories on the bid sheet and any other submitted documentation.
THE CORPORATE RESOLUTION FORM CAN BE FOUND IN VENDOR QUESTIONNAIRE
Please submit manufacturer and model number information for all items in the VENDOR QUESTIONNAIRE
PLEASE DOWNLOAD THE BELOW DOCUMENT, COMPLETE, AND UPLOAD WITH YOUR SUBMISSION.
PLEASE COMPLETE AND UPLOAD THE ATTACHED DOCUMENT.
YOU WILL BE PROVIDED WITH THE OPTION OF ONLINE NOTARIZATION OR MANUAL NOTARIZATION WHEN RESPONDING.
PLEASE DOWNLOAD THE BELOW DOCUMENT, COMPLETE IT, AND SIGN AND UPLOAD WITH YOUR BID
THIS FORM SHOULD BE USED TO IDENTIFY OR EQUAL PRODUCT OR RECYCLED PRODUCT INFORMATION. PLEASE DOWNLOAD THE BELOW DOCUMENT, COMPLETE, AND UPLOAD WITH YOUR BID.
BIDDER SHALL COMPLETE THE PRICE CERTIFICATION FORM AND SUBMIT WITH THE BID. NOTE: BIDDERS SIGNATURE ON THIS DOCUMENT CERTIFIES THAT THE PRICES ENTERED ON THE BID SHEET ARE CORRECT
PLEASE UPLOAD INFORMATION REGARDING THE MANUFACTURER NAME AND MODEL NUMBER.
THE ORIGINAL BID BOND OR CERTIFIED CHECK MUST BE RECEIVED BEFORE THE BID DUE DATE AND TIME. IF THE ORIGINAL BID BOND OR CERTIFIED CHECK IS RECEIVED AFTER THE BID DUE DATE AND TIME, YOUR BID WILL BE AUTOMATICALLY REJECTED.
PLEASE MAILED VIA THE DELIVERY SERVICES OF YOUR CHOICE, OR HAND DELIVERED, TO THE MIDDLESEX COUNTY OFFICE OF PURCHASING, NO LATER THAN THE BID SUBMISSION DUE DATE AND TIME.
PLEASE SEE THE BID SECURITY SECTION FOR MAILING ADDRESS AND DELVERY INSTRUCTIONS.
PLEASE DOWNLOAD THE BELOW DOCUMENT, COMPLETE, SIGN, AND UPLOAD WITH YOUR BID.
PLEASE UPLOAD A COPY OF YOUR CONSENT OF SURETY. SEE CONSENT OF SURETY UNDER THE BID SECURITY SECTION FOR INSTRUCTIONS.
REQUIRED BEFORE AWARD
PLEASE DOWNLOAD, COMPLETE, SIGN, AND DATE THE BELOW FORM.
THIS DOCUMENT SHALL BE SUBMITTED PRIOR TO AWARD OF CONTRACT, HOWEVER IN THE INTEREST OF TIME, YOU ARE STRONGLY URGED TO INCLUDE IT WITH YOUR BID SUBMITTAL
REQUIRED BEFORE AWARD
PLEASE UPLOAD YOUR BUSINESS REGISTRATION CERTIFICATE. A SAMPLE HAS BEEN PROVIDED. IF YOU HAVE RECENTLY APPLIED AND HAVE NOT RECEIVED YOUR BRC, YOU CAN OBTAIN A CERTIFICATE ONLINE BY VISITING THE FOLLOWING SITE: https://www1.state.nj.us/TYTR_BRC/servlet/common/BRCLogin
BE ADVISED THE DATE OF REGISTRATION MUST BE BEFORE THE BID DUE DATE.
THIS DOCUMENT SHALL BE SUBMITTED PRIOR TO AWARD OF CONTRACT, HOWEVER IN THE INTEREST OF TIME, YOU ARE STRONGLY URGED TO INCLUDE IT WITH YOUR BID SUBMITTAL
REQUIRED BEFORE AWARD
PLEASE UPLOAD YOUR CERTIFICATE OF LIABILITY INSURANCE, INCLUDING ANY SPECIAL INSURANCE REQUIREMENTS, IF APPLICABLE. A SAMPLE HAS BEEN PROVIDED FOR REFERENCE.
THIS DOCUMENT SHALL BE SUBMITTED PRIOR TO AWARD OF CONTRACT, HOWEVER IN THE INTEREST OF TIME, YOU ARE STRONGLY URGED TO INCLUDE IT WITH YOUR BID SUBMITTAL
REQUIRED BEFORE AWARD
PLEASE UPLOAD A COPY OF YOUR W-9.
THIS DOCUMENT SHALL BE SUBMITTED PRIOR TO AWARD OF CONTRACT, HOWEVER IN THE INTEREST OF TIME, YOU ARE STRONGLY URGED TO INCLUDE IT WITH YOUR BID SUBMITTAL.
A link to download a W-9 form is provided for your convenience. https://www.irs.gov/pub/irs-pdf/fw9.pdf
REQUIRED BEFORE AWARD
PLEASE DOWNLOAD, SIGN, AND DATE THE BELOW FORM.
THIS DOCUMENT SHALL BE SUBMITTED PRIOR TO AWARD OF CONTRACT, HOWEVER IN THE INTEREST OF TIME, YOU ARE STRONGLY URGED TO INCLUDE IT WITH YOUR BID SUBMITTAL
REQUIRED BEFORE AWARD
PLEASE DOWNLOAD, COMPLETE, SIGN, AND DATE THE BELOW FORM.
THIS DOCUMENT SHALL BE SUBMITTED PRIOR TO AWARD OF CONTRACT, HOWEVER IN THE INTEREST OF TIME, YOU ARE STRONGLY URGED TO INCLUDE IT WITH YOUR BID SUBMITTAL
Please download the below documents, complete, and upload.
PLEASE DOWNLOAD, COMPLETE, SIGN, AND DATE THE BELOW FORM.
IF YOU ANSWERED “YES” TO EITHER QUESTION IN SECTION A, PLEASE PROVIDE A COPY OF THE APPROVAL FORM (SAMPLE OF CERTIFICATE OF EMPLOYEE INFORMATION REPORT IS AVAILABLE BELOW).
IF YOU ANSWERED “NO” TO BOTH QUESTIONS, PLEASE GO TO https://www.state.nj.us/treasury/contract_compliance/, COMPLETE THE AA-302 FORM, SUBMIT IT TO THE STATE AS REQUIRED, AND UPLOAD A COPY OF THE FORM WITH PROOF OF PAID FEE.
NOTE: IF YOU HAVE PREVIOUSLY BEEN AWARDED A CONTRACT BY THE COUNTY OF MIDDLESEX, YOU MUST SUBMIT THE CERTIFICATE OF EMPLOYEE INFORMATION REPORT.
THE BELOW DOCUMENTS SHALL BE SUBMITTED PRIOR TO AWARD OF CONTRACT, HOWEVER IN THE INTEREST OF TIME, YOU ARE STRONGLY URGED TO INCLUDE IT WITH YOUR BID SUBMITTAL.
REQUIRED BEFORE AWARD
PLEASE DOWNLOAD, COMPLETE, SIGN, AND DATE THE BELOW FORM.
THIS DOCUMENT SHALL BE SUBMITTED PRIOR TO AWARD OF CONTRACT, HOWEVER IN THE INTEREST OF TIME, YOU ARE STRONGLY URGED TO INCLUDE IT WITH YOUR BID SUBMITTAL
PLEASE ACKNOWLEDGE THAT YOU WILL COMPLY WITH THIS REQUIREMENT.
PLEASE ACKNOWLEDGE THAT YOU COMPLY WITH THIS REQUIREMENT.
PRIOR TO AWARD OF A CONTRACT YOU MUST SUBMIT A PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATE FOR YOUR ORGANIZATION AND ALL SUBCONTRACTORS
PLEASE ACKNOWLEDGE THAT YOU COMPLY WITH THIS REQUIREMENT.
PLEASE UPLOAD A CURRENT PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATE FOR YOUR ORGANIZATION AND ALL SUBCONTRACTORS.
THIS DOCUMENT SHALL BE SUBMITTED PRIOR TO AWARD OF CONTRACT, HOWEVER IN THE INTEREST OF TIME, YOU ARE STRONGLY URGED TO INCLUDE IT WITH YOUR BID SUBMITTAL
BIDDER SHALL CERTIFY, ON THE EQUIPMENT CERTIFICATION FORM, THAT THEY CONTROL OR HAVE ACCESS TO EQUIPMENT NECESSARY TO DO THE REQUIRED WORK, IF AWARDED THE CONTRACT.
Please download the below documents, complete, and upload.
PLEASE UPLOAD A COPY OF YOUR LABOR AND MATERIAL PAYMENT BOND. SEE LABOR AND MATERIAL PAYMENT BOND UNDER THE BID SECURITY SECTION FOR INSTRUCTIONS.
PLEASE UPLOAD A COPY OF YOUR MAINTENANCE BOND. SEE MAINTENANCE BOND GUARANTEE UNDER THE BID SECURITY SECTION FOR INSTRUCTIONS.
PLEASE INDICATE IF YOU ARE WILLING TO PARTICIPATE IN THE MIDDLESEX COUNTY COOPERATIVE PURCHASING PROGRAM
REQUIRED BEFORE AWARD
PLEASE DOWNLOAD, COMPLETE, SIGN, AND DATE THE BELOW FORM.
THIS DOCUMENT SHALL BE SUBMITTED PRIOR TO AWARD OF CONTRACT, HOWEVER IN THE INTEREST OF TIME, YOU ARE STRONGLY URGED TO INCLUDE IT WITH YOUR BID SUBMITTAL
REQUIRED BEFORE AWARD
If any funds other than Federal appropriate funds have been paid or will be paid to any person for making lobbying contracts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit this form.
If you do not engage in any lobbying activities, please check the appropriate box on this form, sign, date it.
THIS DOCUMENT SHALL BE SUBMITTED PRIOR TO AWARD OF CONTRACT, HOWEVER IN THE INTEREST OF TIME, YOU ARE STRONGLY URGED TO INCLUDE IT WITH YOUR BID SUBMITTAL
As appropriate, please upload any and all Qualified Business Enterprise Certifications.
This includes: Qualified Minority Business Enterprise, Qualified Women Business Enterprise, Qualified Veteran Business Enterprise and Qualified Small Business Enterprise.
PLEASE UPLOAD ANY ADDITIONAL DOCUMENTS HERE.
All costs associated with the bid must be on the bid sheet. No other form of submitting prices will be accepted
(NOT REQUIRED)
Please choose the following provisions that shall be applicable to this bid and be made a part of the bidding documents:
ENTER VALUE
Please choose any additional mandatory requirements of the bid and contract or check NONE.
Please select the type of insurance needed for this bid. If special insurance requirements need to be added, select the SPECIAL INSURANCE REQUIREMENTS option, and enter the language needed in that same named field under the GENERAL INFORMATION section.
PLEASE INDICATE IF THE OPTION FOR VENDORS TO PARTICIPATE IN THE MIDDLESEX COUNTY COOPERATIVE PURCHASING SYSTEM, SHOULD BE INCUDED IN THIS PROJECT.
PLEASE SELECT ONE OF THE BELOW OPTIONS.
WILL ALL BIDDERS BE REQUIRED TO SUBMIT MANUFACTURER AND MODEL INFORMATION WITH THEIR BID
This is for services being done in the building.
Q (No subject): Are all vehicles expected to receive full interior and exterior service each week, or will services vary by schedule?
A: Thank you for your question. For the Office of Ride yes. Each week the vehicles will require an exterior and interior cleaning.
Q (No subject): If only interior or exterior cleaning is requested, will those services be billed separately per the bid pricing structure?
A: Thank you for your question. For the Sheriff's Office, interior cleaning is not needed. Frequency depends on availability and circumstances. Yes the services performed are the services that will be paid for.
SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.
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