- Submission of Bids —
Sealed bids shall be received by the Township of North Brunswick, hereinafter referred to as “owner,” in accordance with public advertisement as required by law, with a copy of said notice being attached hereto and made a part of these specifications.
Sealed bids shall be received by the designated representative date/time at the Municipal Complex located at 710 Hermann Road, North Brunswick, New Jersey 08902 as stated in the Notice to Bidders, and at such time and place will be publicly opened and read VIRTUALLY.
As per N.J.A.C. 5:34-5, a vendor's bid shall be submitted ONLINE ONLY via this ONLINE PLATFORM. The link to this online platform is located via the Township's website at www.northbrunswicknj.gov. Proposals must be received by the website's "lockbox" and submitted by the due date/time indicated. No paper proposals shall be accepted.
It is the bidder's responsibility to present bids to the owner prior to or at the time designated.
Sealed bids submitted to the "lockbox" before the time of the opening of bids may be withdrawn online. Once bids have been opened, they shall remain firm for the period of sixty (60) calendar days.
More than one bid from an individual, a firm or partnership, a corporation or association under the same names shall not be considered.
All prices and amounts must be entered online where designated. Bids containing any conditions, omissions, or alterations, items not called for in the bid proposal form, attachment of additive information not required by the specifications, or irregularities of any kind, may be cause for rejection by the owner in accordance with applicable law.
Each bid proposal form must give the full business address, business phone, fax (if available), e-mail, the contact person of the bidder, and be signed by an authorized representative as follows:
- Bids by partnerships must be signed in the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and designation of the person signing;
- Bids by corporations must be signed in the legal name of the corporation, followed by the name of the State in which incorporated and must contain the signature and designation of the president, secretary or other person authorized to bind the corporation in the matter;
- Bids by sole-proprietorship shall be signed by the proprietor;
- When requested, satisfactory evidence of the authority of the officer signing shall be furnished.
Bidder should be aware of the following statutes that represent “Truth in Contracting” laws:
- N.J.S.A. 2C:21-34, et seq. governs false claims and representations by bidders. It is a serious crime for the bidder to knowingly submit a false claim and/or knowingly make material misrepresentation.
- N.J.S.A. 2C:27-10 provides that a public servant commits a crime if said public servant solicits or receives a benefit directly or indirectly, for an official act performed or to be performed by a public servant, which is a violation of official duty.
- N.J.S.A. 2C:27-11 provides that a bidder commits a crime if said person, directly or indirectly, confers or agrees to confer any benefit not allowed by law to a public servant.
Bidder should consult the statutes or legal counsel for further information.
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.
Official Request for Bid packages are available from the owner’s website at www.northbrunswicknj.gov at no cost to the prospective respondents. All addenda are posted on this site. Potential respondents are cautioned that they are responding at their own risk if a third party supplied the specifications that may or may not be complete. The owner is not responsible for third party supplied documents. Respondents are urged to register their contact information on the website so any addenda to these specifications can be sent to them.
- Background —
The 12.3 square miles of North Brunswick, a township of approximately 43,905 citizens (U.S. Census Bureau, Census 2020), is comprised of a growing number of residential, industrial and commercial firms, radiating from Route 1 and Route 130 interchange.
The Township operates under a Mayor Council Administrator Plan, created by N.J.S.A. 40:69A-149.1 et seq. Under this plan, the Mayor and six Council Members are elected at partisan elections for terms of four years and three years, respectively. Council terms are staggered; therefore, an election is held annually for the Township.
The Mayor, who has the responsibility of implementing the policies and direction of the Township Council, exercises power over the Township. The Township Administrator functions as the liaison officer between the Township Council, municipal personnel and citizens of the Township. The Township Administrator is also responsible for implementation of administrative and legislative actions of the Mayor and Township Council.
The Public Service and Electric and Gas Co. provides natural gas and electricity. The Township owns its own water utility which provides services to the Township and its own sewer utility through which wastewater is discharged into the Middlesex County Utilities Authority system for final collection, treatment, and disposal.
The Township owns and maintains several municipal facilities including, but not limited to, the Municipal Complex, the Department of Public Works facility, the Parks facility, the Public Library, the Senior Center, and preserved over 175 acres of Open Space land of which is under continuous review and development.
- Interpretations and Addenda —
The bidder understands and agrees that its bid is submitted on the basis of the specifications prepared by the owner. The bidder accepts the obligation to become familiar with these specifications.
Bidders are expected to examine the specifications and related bid documents with care and observe all their requirements. Ambiguities, errors or omissions noted by bidders should be promptly reported in writing to the appropriate official. Any prospective bidder who wishes to challenge a bid specification shall file such challenges in writing with the contracting agent no less than three business days prior to the opening of the bids. Challenges filed after that time shall be considered void and have no impact on the contracting unit or the award of a contract pursuant to N.J.S.A. 40A:11-13; in the event the bidder fails to notify the owner of such ambiguities, errors or omissions, the bidder shall be bound by the requirements of the specifications and the bidder’s submitted bid.
No oral interpretation and or clarification of the meaning of the specifications will be made to any bidder. Such request shall be in writing, addressed to the owner’s representative listed herein below. In order to be given consideration, a written request must be received at least three (3) business days prior to the date fixed for the opening:
Justine Progebin, Business Administrator, Township of North Brunswick
710 Hermann Road North Brunswick, NJ 08902
732-247-0922 Ext. 480
jprogebin@northbrunswicknj.gov
All interpretations, clarifications and any supplemental instructions will be in the form of written addenda to the specifications and will be distributed to all prospective bidders. All addenda so issued shall become part of the specification and bid documents and shall be acknowledged by the bidder in the bid by completing the Acknowledgement of Receipt of Addenda form. The owner’s interpretations or corrections thereof shall be final.
Pursuant to N.J.S.A. 40A:11-23(c)(1) when issuing addenda, the owner shall provide required notice prior to the official receipt of bids to any person who has submitted a bid or who has received a bid package. It is recommended that bidders include this address in the recipient email’s contact list to ensure it is not routed to a junk email folder. They will be sent from:
Discrepancies in Bids
- If the amount shown in words and its equivalent in figures do not agree, the written words shall be binding. Ditto marks are not considered writing or printing and shall not be used.
- In the event that there is a discrepancy between the unit prices and the extended totals, the unit prices shall prevail. In the event there is an error of the summation of the extended totals, the computation by the owner of the extended totals shall govern.
- Scope of Work —
The Township is seeking an NJ Licensed Plumbing Contractor to provide various plumbing services including, but not limited to, all aspects of plumbing repairs, maintenance and installations at facilities owned or leased by the Township, as directed by the Director of Public Works or their designee. This bid shall include the furnishing and delivery of all the necessary expertise, supervision, labor, permits, parts, materials, tools, and equipment required to repair, install and/or maintain the Township’s plumbing systems.
This bid shall also include consultation and assistance in planning for work to be done in expansion of present facilities or future development. Payment for this assistance shall be negotiated between the Director of Public Works and the awarded vendor.
Bids shall be based on an hourly rate for a Plumber/Journeyman and an Apprentice. Successful bidder must have both on staff or have the availability of same within the time limitations set forth in this specification, plus the (%) cost of the materials (parts) above the actual cost to the bidders, if any.
The successful bidder shall be able to provide services seven (7) days a week.
The contractor must submit an estimate for any work needed prior to performance, upon the request of the appropriate township official.
Requests for work to be performed shall be transmitted via a “work order” from the Director of Public Works by e-mail or facsimile transmission. Said “work orders” shall be referred to on the corresponding invoice from the Contractor.
If the contractor uses an answering machine during regular business hours, the contractor must be available by pager and/or cell phone, so that prompt contact and response is possible.
Company stock rooms and trucks shall be completely equipped and stocked so as to provide minimum job times for repairs. If additional parts are required, the contractor must have the ability to obtain them locally, if available.
The contractor shall guarantee all work performed under this contract from any defects in workmanship (rework) for a period of ninety (90) days.
A photo-static copy of the Contractor's N.J. State License must accompany this bid.
Response Time
The successful contractor shall respond within forty-eight (48) hours of notification by the Township of the work to be done.
Under Emergency Conditions, the successful contractor must respond to calls for service by telephone within one (1) hour of first call and must be on-site within two (2) hours of telephone response.
If the successful bidder is unavailable to respond in the stipulated time frame for any reason at the time service is needed, it will be the bidders' responsibility to send a licensed, substitute plumber to perform the necessary work. The Township shall pay the successful bidder their contracted rate for this work. The arrangement between the successful bidder and the substitute plumber will in no way involve the Township.
Township Facilities
The bidder, in addition to familiarizing themselves with the bid specifications, may visit the township facilities to determine the type of systems to be maintained prior to submitting his bid.
Having viewed the township facilities, the successful contractor shall be responsible for supplying all the tools of the trade and any specialized tools/equipment that might be required in specific situations, at no extra cost to the Township. Rental of unforeseen equipment not listed must receive prior approval by the Director of Public Works. The Township reserves the right to provide or obtain any specialty equipment directly to complete the service. If this practice is unacceptable by the bidder’s standards, an exception shall be submitted as part of the bid.
Costs
All costs, including labor, overhead and travel, are to be figured into the hourly rates bid. The Township will not pay for travel time involved in obtaining parts and materials, unless explicitly pre-authorized by the Director of Public Works or their designee. The contractor will be paid for actual work performed, not including travel time to and from the work site.
Please enter your billable hourly service labor rate. The Township allows, to cover overhead and profit, a 15% markup, based on contractor’s cost, for any supplies, parts, components, or devices supplied by the contractor. There is no minimum expenditure guaranteed expressed or implied. Method of Award based on Lowest Total Lump Sum of Billable Hourly Service Labor Rate, Additionally, the Township expects that this cost will be at the contractor’s wholesale pricing and that every effort will be made by the contractor to find the lowest responsible responsive pricing. In regards to parts, the Township reserves the right to provide its own replacement parts where it is in the best interest of the Township to do so.
Method of Award
The method of award shall be based on Lowest Average Hourly Rates provided by each bidder. This contract shall be awarded on an open-ended basis with funds being encumbered at the time the work is performed, contingent upon the availability of funds.
The Township is seeking to enter into an initial contract term of one-year with the option of two (2) one-year renewals.
- Bid Security and Bonding Requirements —
Bid Guarantee (NOT REQUIRED)
Bidder shall submit with the bid a certified check, cashier's check or bid bond in the amount of ten percent (10%) of the total price bid, but not in excess of $20,000, payable unconditionally to the owner. When submitting a Bid Bond, it shall contain Power of Attorney for full amount of Bid Bond from a surety company authorized to do business in the State of New Jersey and acceptable to the owner. The check or bond of the unsuccessful bidder(s) shall be returned pursuant to N.J.S.A. 40A:11-24a. The check or bond of the bidder to whom the contract is awarded shall be retained until a contract is executed and the required performance bond or other security is submitted. The check or bond of the successful bidder shall be forfeited if the bidder fails to enter into a contract pursuant to N.J.S.A. 40A:11-21.
- If a check is to be submitted, the electronic submittal shall include a copy of the check and the original check shall be delivered to:
- North Brunswick Township, 710 Hermann Road, North Brunswick, NJ 08902, Attention: Purchasing Agent.
- The check must be received no later than the bid submission date and time.
- If a traditional Bid Bond is to be submitted, the electronic submittal shall include a copy of the Bid Bond and the original bond shall be delivered to:
- North Brunswick Township, 710 Hermann Road, North Brunswick, NJ 08902, Attention: Purchasing Agent.
- The Bid Bond must be received no later than the bid submission date and time.
- If an electronic Bid Bond is to be submitted, the electronic submittal shall include a copy of the confirmation of the filing of the electronic bond on Surety2000 and a response to the question: "Electronic Verification of Bid Security."
- Obtaining an Electronic Bid Bond from Surety2000:
- Bidder must register with Surety2000 by visiting www.surety2000.com. If you have already registered with Surety2000 previously you will not need to register again.
- Verify that your Surety Broker is registered with Surety2000. If they are not direct them to visit www.surety2000.com to register.
- Provide your Surety Broker the bond details for the proposal you want to bid to.
- Once your Surety Broker has confirmed execution of the electronic bond creating, log into the www.surety2000.com to digitally sign the bond and receive the eleven-digit bond number.
- Enter this number where indicated in the bid proposal submission.
- Failure to submit a bid guarantee shall result in rejection of the bid.
Consent of Surety (NOT REQUIRED)
- Bidder shall submit with the bid a Certificate (Consent of Surety) with Power of Attorney for full amount of bid price from a Surety Company authorized to do business in the State of New Jersey and acceptable to the owner stating that it will provide said bidder with a Performance Bond in the full amount of the bid. This certificate shall be obtained in order to confirm that the bidder to whom the contract is awarded will furnish Performance and Payment Bonds from an acceptable surety company on behalf of said bidder, any or all subcontractors or by each respective subcontractor or by any combination thereof which results in performance security equal to the total amount of the contract, pursuant to N.J.S.A. 40A:11-22.
- Failure to submit a bid guarantee shall result in rejection of the bid.
Performance Bond (NOT REQUIRED)
Labor & Material (Payment) Bond (NOT REQUIRED)
Maintenance Bond (NOT REQUIRED)
- Pricing Information for the Preparation of BIDs —
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.
Estimated Quantities (Open-End Contracts): The owner has attempted to identify the item(s) and the estimated amounts of each item bid to cover its requirements; however, past experience shows that the amount ordered may be different than that submitted for bidding. The right is reserved to decrease or increase the quantities specified in the specifications pursuant to N.J.A.C. 5:30-11.2 and 11.10 et seq. NO MINIMUM PURCHASE IS IMPLIED OR GUARANTEED.
Contractor shall be responsible for obtaining any applicable permits or licenses from any government entity excluding the Township. All bids submitted shall have included this cost. The owner shall waive any municipal fees and permits.
Bidder shall insert prices for furnishing goods and services required by these specifications. Prices shall be net, including any charges for packing, crating, containers, etc. All transportation charges shall be fully prepaid by the contractor, F.O.B. destination and placement at locations specified by the owner, which may require use of a liftgate vehicle. As specified, placement may require inside deliveries. No additional charges will be allowed for any transportation costs resulting from partial shipments made for the contractor's convenience.
In the event of a public emergency declared at the local, state or federal level prior to the expiration of the contract, if the owner opts to extend terms and conditions of the contract, the contractor agrees to extend the terms and conditions of this specification, whether existing or expiring for no longer than six months, for goods and/or services for the duration of the emergency.
Each bid and all information required to be submitted pursuant to the bid shall be prepared at the sole cost and expense of the bidder. There shall be no claims against the owner, its staff or consultants for reimbursement for the payment of costs or expenses incurred in the preparation of the proposal or other information required by the bid.
- Brand Names, Standards of Quality and Performance —
Brand names and/or descriptions used in these specifications are to acquaint bidders with the types of goods and services desired and will be used as a standard by which goods and services offered as equivalent will be evaluated.
When a specification uses "brand name or equivalent," the listed brand name shall serve as a reference or point of comparison for the functional or operational characteristic desired for the good or service being requested. Where a bidder submits an equivalent, it shall be the responsibility of the bidder to document the equivalence claim. Failure to submit such documentation shall be grounds for rejection of the claim of equivalence. Company literature will not suffice in explaining exceptions to the specifications. In the absence of any changes by the bidder, it will be presumed and required that items as described in the specification will be delivered.
In submitting its bid, the bidder certifies that the goods and services to be furnished will not infringe upon any valid patent or trademark and that the successful bidder shall, at its own expense, defend any and all actions or suits charging such infringement, and will save the owner harmless from any damages resulting from such infringement.
The contractor shall guarantee any or all goods and services supplied under these specifications. Defective or inferior goods shall be replaced at the expense of the contractor. The contractor will be responsible for return freight or restocking charges.
AMERICAN GOODS AND PRODUCTS RO BE USED WHERE POSSIBLE
Only manufactured and farm products of the United States, wherever available, shall be used pursuant to N.J.S.A. 40A:11-18 et seq.
- Method of Contract Award —
The length of the contract shall be stated in one or more of following locations: the technical specifications, the proposal page, and the contract agreement. 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.
Pursuant to N.J.S.A 40A:11-4(a) et seq. 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 that has demonstrated to the owner the ability to meet the terms and conditions outlined herein.
If the award is to be made on the basis of a combination of a base bid with selected alternates, the alternates will be awarded based on the order specified in the proposal sheet.
Two sets of contract forms shall be submitted by the owner to the successful bidder upon award by resolution of the governing body. Once executed, one original set will be returned to the contractor for its records.
The terms and conditions outlined within this bid package shall become incorporated and made part of the contract agreement. After award, certificates of insurance, bonding and related documents furnished by the contractor shall become incorporated and made part of the contract agreement.
Any bidder exceptions must be formally accepted by the owner; material exceptions shall not be approved.
For Construction Contracts that include drawings issued by the owner. After the notice of award and prior to signing the contract, the owner will furnish the contractor with a complete set of drawings designated “For Construction”. These drawings will incorporate revisions made by addendum during the bidding process, dimensional changes and any other changes needed to clarify the drawings used for bidding purposes. The contractor shall review the drawings and notify the owner in writing if any exceptions are proposed. Any proposed changes must be formally accepted by the owner.
The procedure for selecting the lowest responsible qualified bidder when two identical bid amounts are received shall include an evaluation committee tasked to determine the most advantageous bidder based on experience and other factors.
- Causes for Rejecting BIDs —
BIDs may be rejected for any of the following reasons:
- All bids pursuant to N.J.S.A. 40A:11-13.2;
- If more than one bid is received from an individual, firm or partnership, corporation or association under the same name;
- Multiple bids from an agent representing competing bidders;
- The bid is inappropriately unbalanced;
- The bidder is determined to possess, pursuant to N.J.S.A. 40A:11-4b, Prior Negative Experience; or,
- Pursuant to N.J.S.A. 40A:11-24b, if the successful bidder fails to enter into a contract within 21 days, Sundays and holidays excepted, the owner may accept the bid of the next lowest responsible bidder.
- Provisions upon Contract Execution —
Both parties agree to comply with all requirements of the Federal Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) as maybe amended from time to time, and the corresponding HIPAA regulations for the confidentiality and security of medical information. If awarded the bid, the contractor shall:
- Not use or disclose protected health information other than as permitted or required by law
- Use appropriate safeguards to protect the confidentiality of the information
- Report any use or disclosure not permitted; The contractor, by execution of the contract, shall thereby indemnify and hold the owner harmless from any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the failure of the contractor to comply with the requirements of the Health Insurance Portability and Accountability Act (HIPAA) or any other statute or case law protecting the privacy of persons using its services.
The owner shall retain all of its rights and interest in any and all documents and property both hard copy and digital furnished by the owner to the successful bidder (contractor) for the purpose of assisting the contractor in the performance of this contract. None of the documents and/or property shall, without the written consent of the owner, be disclosed to others or used by the contractor or permitted by the contractor to be used by their parties at any time except in the performance of the resulting contract.
The contractor shall not have the right to use, sell, or disclose the total of the interim or final work products, or make available to third parties, without the prior written consent of the owner. Any information supplied to the owner may be required to be supplied on CD/DVD or USB flash drive media compatible with Microsoft Windows, and Microsoft Office Suite 2010 or greater.
Under state and federal statutes, certain government records are protected from public disclosure. The owner, the contractor and any subcontractors have a responsibility and an obligation to safeguard from public access an employee's personal information with which it has been entrusted when disclosure thereof would violate the employee's reasonable expectation of privacy. All payroll, personnel and health insurance related files are confidential. Additionally, the contractor and any subcontractors may be privy to sensitive law enforcement information or investigations during their review which must remain confidential. The owner retains the right to make any public disclosure under the State of New Jersey’s Open Public Records Act (N.J.S.A. 47:1A-1 et seq.). Also, among government records deemed confidential are administrative or technical information regarding computer hardware, software and networks that, if disclosed, would jeopardize computer security. The contractor and any subcontractor(s) are prohibited from the sale or distribution of all supplied information to any third party.
Relevant records of private vendors or other persons entering into contracts with the owner as a covered entity are subject to audit or review by the New Jersey Office of the State Comptroller pursuant to N.J.S.A. 52:15C-14(d) et seq. and N.J.A.C. 17:44-2.2 et seq.
The contractor shall maintain all documentation related to products, transactions or services under this contract for a period of five years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon request.
NEW JERSEY WORKER AND COMMUNITY RIGHT TO KNOW ACT
The manufacturer or supplier of chemical substances or mixtures shall label them in accordance with the 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 - must 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/
ANTIDISCRIMINATION PROVISIONS
Pursuant to N.J.S.A.10:2-1 et seq., for the construction, alteration or repair of any public building or public work or for the acquisition of materials, equipment, supplies or services the contractor shall agree and comply with the provisions:
- In the hiring of persons for the performance of work under this contract or any subcontract hereunder, or for the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under this contract, no contractor, nor any person acting on behalf of such contractor or subcontractor, shall, by reason of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex, discriminate against any person who is qualified and available to perform the work to which the employment relates;
- No contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee engaged in the performance of work under this contract or any subcontract hereunder, or engaged in the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under such contract, on account of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex;
- There may be deducted from the amount payable to the contractor by the contracting public agency, under this contract, a penalty of $50.00 for each person for each calendar day during which such person is discriminated against or intimidated in violation of the provisions of the contract; and
- This contract may be canceled or terminated by the contracting public agency, and all money due or to become due hereunder may be forfeited, for any violation of this section of the contract occurring after notice to the contractor from the contracting public agency of any prior violation of this section of the contract.
- Payment —
No payment will be made unless duly authorized by the owner’s authorized representative and accompanied by proper documentation.
The owner’s governing body must approve payment of all bills. Council action is taken on a routine basis that includes bi-weekly meetings with the exception of summer months including: June, July and August; whereby action is taken once a month.
Payment by the owner will be made in accordance with P.L. 2018, c. 127 which amends C.52:32-34 and establishes prompt payment requirements on certain contracts.
Payment by the owner will be made in accordance with N.J.S.A. 2A:30A-1 et seq. which promulgates rules for timely payment to the prime contractor, subcontractor, sub-subcontractor; exceptions, disputes; and resolution.
For construction contracts, claims or disputes pertaining to rates or other compensation for the Contractor shall not delay or affect the continued performance of the contract. All claim disputes shall be in accordance with N.J.S.A. 40A:11-50 et seq.
Invoices shall specify, in detail, the period for which payment is claimed, the goods received, or the services performed during the prescribed period, the amount claimed and correlation between the goods and services claimed and this proposal.
In the absence of prescribed payments as part of the bid submission, an agreed schedule of values shall be approved between the owner and contractor that shall become part of the contract.
Pursuant to N.J.A.C. 5:30-9A.6 et seq. the Township exercised its discretion to not require claimant certifications for the payment of claims, including goods and services contracts, in accordance with Resolution 116-5.18.
Payment shall be made in accordance with Chapter 6 of the Municipal Code titled “Claims Procedure”.
The owner may withhold all or partial payments on account of subsequently discovered evidence including but not limited to the following:
- Deliverables not complying with the project specification;
- Claims filed or responsible evidence indicating probability of filing claims;
- A reasonable doubt that the contract can be completed for the balance then unpaid.
When the above grounds are removed, payment shall be made for amounts withheld because of them.
Public funds may be used to pay only for goods delivered or services rendered. The owner shall not pay penalties and/or interest on overdue bills unless otherwise required under N.J.S.A. 52:32-35.
No employee is authorized to sign a letter of credit or any other document that represents a legal commitment on the part of the owner to pay additional fees.
Construction Contracts. Claims or disputes pertaining to rates or other compensation for the Contractor shall not delay or affect the continued performance of the contract. All claim disputes shall be in accordance with N.J.S.A. 40A:11-50 et seq.
- Termination or Breach of Contract —
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 owner 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. Owner will pay only for goods and services accepted prior to termination.
Notwithstanding the above, the contractor shall not be relieved of liability to the owner for damages sustained by the owner by virtue of any breach of the contract by the contractor and the owner may withhold any payments to the contractor for the purpose of compensation until such time as the exact amount of the damage due the owner from the contractor is determined.
The contractor agrees to indemnify and hold the owner harmless from any liability to subcontractors/suppliers concerning payment for work performed or goods supplied arising out of the lawful termination of the contract by the owner under this provision.
In case of default by the contractor, the owner may procure the goods or services from other sources and hold the contractor responsible for any excess cost, or agree on a negotiated liquidated damage amount where it may be difficult to estimate the impact the owner suffered as a related to breach of the contract (N.J.S.A. 40A:11-19).
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 owner reserves the right to cancel the contract. The owner will notify the contractor in writing immediately if this contract will be affected by a shortage of appropriated funds.
It is understood by all parties that if, during the life of the contract, the contractor disposes of his/her business concern by acquisition, novation, merger, sale and or/transfer or by any means convey his/her interest(s) to another party, all obligations are transferred to that new party. In this event, the new owner(s) will be required to submit all documentation/legal instruments that were required in the original bid/contract. Any change shall be approved by the Owner.
The contractor will not assign any interest in the contract and shall not transfer any interest in the same without the prior written consent of the owner.
Neither party shall be responsible for any resulting loss or obligation to fulfill duties as specified in any of the terms or provisions of the contract if the fulfillment of any term or provision of the contract is delayed or prevented by any revolutions, insurrections, riots, wars, acts of enemies, national emergencies, strikes, floods, fires, acts of God, or by any cause not within the control of the party whose performance is interfered with which by the exercise of reasonable diligence such party is unable to prevent. Additionally, if the fulfillment of any of the terms and provisions of the contract is delayed or prevented by any court order, or action or injunction or other such agreement, the contract shall become voidable by the owner by notice to the parties.
- I certify that I have read, understood and agree to the terms in this solicitation, and that I am authorized to submit this response on behalf of my company. (required)
- Bid Proposal Form (required) —
Please download the below documents, complete, and upload.
- Statement of Ownership (required) —
N.J.S.A.52:25-24.2 et seq. provides that no corporation, partnership, or limited liability company shall be awarded any contract nor shall any agreement be entered into for the performance of any work or the furnishing of any materials or supplies, the cost of which is to be paid with or out of any public funds, by the State, or any county, municipality or school district, or any subsidiary or agency of the State, or of any county, municipality or school district, or by any authority, board, or commission which exercises governmental functions, unless prior to the receipt of the bid or accompanying the bid, of said corporation, said partnership, or said limited liability company there is submitted a statement setting forth the names and addresses of all stockholders in the corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the limited liability company who own a 10 percent or greater interest therein, as the case may be. If one or more such stockholder or partner or member is itself a corporation or partnership or limited liability company, the stockholders holding 10 percent or more of that corporation’s stock, or the individual partners owning 10 percent or greater interest in that partnership, or the members owning 10 percent or greater interest in that limited liability company, as the case may be, shall also be listed. The disclosure shall be continued until names and addresses of every noncorporate stockholder, and individual partner, and member, exceeding the 10 percent ownership criteria established in this act, has been listed.
To comply with this section, a bidder with any direct or indirect parent entity which is publicly traded may submit the name and address of each publicly traded entity and the name and address of each person that holds a 10 percent or greater beneficial interest in the publicly traded entity as of the last annual filing with the federal Securities and Exchange Commission or the foreign equivalent, and, if there is any person that holds a 10 percent or greater beneficial interest, also shall submit links to the websites containing the last annual filings with the federal Securities and Exchange Commission or the foreign equivalent and the relevant page numbers of the filings that contain the information on each person that holds a 10 percent or greater beneficial interest.
Please download the below documents, complete, and upload.
- Acknowledgement of Receipt or Revisions or Addenda (required) —
All addenda issued shall become part of the specification and bid documents and shall be acknowledged by the bidder in the bid by completing the Acknowledgement of Receipt of Addenda form.
Please download the below documents, complete, and upload.
- Disclosure of Prohibited Activities in Russia-Belarus and Iran —
P.L. 2012, c.25 prohibits the awarding of State and local public contracts for goods and services with persons or entities engaging in certain investment activities in energy or finance sectors of Iran. Prior to contract award, vendors and contractors must certify that neither they nor any parent entity, subsidiary, or affiliate is listed on the New Jersey Department of the Treasury’s list of entities determined to be engaged in prohibited activities in Iran pursuant to P.L. 2012, c. 25 ("Chapter 25 List").
Pursuant to N.J.S.A. 52:32-60.1, et seq. (L. 2022, c. 3) any person or entity (hereinafter “Vendor”) that seeks to enter into or renew a contract with a government agency for the provision of goods or services, or the purchase of bonds or other obligations, must complete the certification below indicating whether or not the Vendor is identified on the Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list.
Please download the below documents, complete, and upload.
- References —
Please download the below documents, complete, and upload.
- Professional License(s) —
Please upload Professional License(s).
- Public Works Contractor Registration Certificate —
Pursuant to N.J.S.A. 34:11-56.48 to -57 et seq. the New Jersey Public Works Contractor Registration Act 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 Department of Labor and Workforce Development 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 must provide the State Department of Labor with a full and accurately completed application form. The form is available online at www.state.nj.us/labor/lsse/lspubcon.html. Any questions regarding the registration process should be directed to the Division of Wage and Hour Compliance at (609) 292-9461. N.J.S.A. 34:11-56.55 specifically prohibits accepting applications for registration as a substitute for a certificate of registration.
- Subcontractors (required) —
If the bidder intends to subcontract any portion of the work required as part of this contract, it shall first satisfy that any proposed subcontractor is competent to perform such work and is not barred from public contracts work pursuant to N.J.S.A. 34:11-56.37 and N.J.S.A. 34:11-56.38.
When provided as part of this bid, the bidder shall indicate the item (or items) intended to be subcontracted, the aggregate value of which shall not exceed 50% of the total bid price.
In accordance with 40A:11-16, the bidder shall list subcontractors who will be used for:
- The plumbing and gas fitting and all kindred work;
- Seam power plants, steam and hot water heating and ventilating apparatus and all kindred work;
- Electrical work; and
- Structural steel and ornamental iron work.
- Prevailing Wage Rate Determination —
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 records 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 may terminate the contractor's or subcontractor's right to proceed with the work, or such part of the work as to which there has been a failure to pay required wages and the contractor and subcontractor then be required to continue the work to completion or otherwise.
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.
- Debarred, Suspended and Disqualified Bidder —
Pursuant to N.J.S.A. 52:32-44.1, any contractor that is debarred from contracting with a federal government agency, along with any affiliates of the debarred contractor, is prohibited from contracting for “public work” with any State or local government entity.
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- New Jersey Anti-Discrimination Provisions —
NEW JERSEY ANTI-DISCRIMINATION PROVISIONS
N.J.S.A 10:2-1 et seq.
Pursuant to N.J.S.A. 10:2-1, if awarded a contract, the contractor agrees that:
A. In the hiring of persons for the performance of work under this contract or any subcontract hereunder, or for the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under this contract, no contractor, nor any person acting on behalf of such contractor or subcontractor, shall, by reason of race, creed, color, national origin, ancestry,
marital status, gender identity or expression, affectional or sexual orientation or sex, discriminate against any person who is qualified and available to perform the work to which the employment relates;
B. No contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee engaged in the performance of work under this contract or any subcontract hereunder, or engaged in the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under such contract, on account of race, creed, color,
national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex;
C. There may be deducted from the amount payable to the contractor by the contracting public agency, under this contract, a penalty of $50.00 for each person for each calendar day during which such person is discriminated against or intimidated in violation of the provisions of the contract; and
D. This contract may be canceled or terminated by the contracting public agency, and all money due or to become due hereunder may be forfeited, for any violation of this section of the contract occurring after notice to the contractor from the contracting public agency of any prior violation of this section of the contract.
- Equipment Certification —
Bidder certifies 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 certificate from the owner of the equipment that the bidder will have access to the equipment is required with the bid. (N.J.S.A. 40:11-20)
- Exceptions to Specifications (required) —
Specifications provided herein by the owner shall be regarded as minimum requirements. Any exceptions to the specifications shall be explained in written detail by the bidder.
Please download the below documents, complete, and upload.
- Mandatory Affirmative Action Certification —
AFFIRMATIVE ACTION EVIDENCE
N.J.S.A. 10:5-31 and N.J.A.C. 17:27
GOODS AND SERVICES CONTRACTS
(INCLUDING PROFESSIONAL SERVICES)
This form is a summary of the successful bidder’s requirement to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27.
The successful bidder shall submit to the public agency, after notification of award but prior to execution of this contract, one of the following three documents as forms of evidence:
a. A Letter of Federal Approval indicating that the vendor is under an existing federally approved or sanctioned affirmative action program. A copy of the approval letter must be provided by the vendor to the Public Agency and the Division. This approval letter is valid for one year from the date of issuance.
OR
b. A Certificate of Employee Information Report (hereafter “Certificate”), issued in accordance with N.J.A.C. 17:27 et seq. The vendor must provide a copy of the Certificate to the Public Agency as evidence of its compliance with the regulations. The Certificate represents the review and approval of the vendor’s Employee Information Report, Form AA-302 by the Division.
OR
c. The successful bidder shall complete an Initial Employee Report, Form AA-302 and submit it to the Division with a check or money order for $150.00 made payable to “Treasurer, State of NJ” and forward a copy of the Form to the Public Agency. Upon submission and review by the Division, the Report shall constitute evidence of compliance with the regulations.
The successful vendor may obtain the Equal Opportunity Employment Information Report (AA302) from the contracting unit during normal business hours. The successful vendor(s) must submit the copies of the AA302 Report to the Division of Contract Compliance and Equal Employment Opportunity in Public Contracts (Division). The Public Agency copy is submitted to the public agency, and the vendor copy is retained by the vendor.
The undersigned vendor certifies that he/she is aware of the commitment to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27 and agrees to furnish the required forms of evidence. www.state.nj.us/treasury/contract_compliance
The undersigned vendor further understands they are required to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27.
- Business Registration Certificate —
Pursuant to N.J.S.A. 52:32-44, the Township of North Brunswick 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 the contract performance:
- The contractor shall not enter into a contract with a subcontractor unless the subcontractor first provides the contractor with a valid proof of business registration;
- The contractor shall maintain and submit to the Contracting Agency a list of subcontractors and their addresses that may be updated from time to time; and
- The contractor and any subcontractor providing goods or performing services under the contract, and each of their affliates, shall collect and remit to the Director of the Division of Taxation in the Department of Treasury, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A. 54:32B-1 et seq.) on all sales of
tangible personal property delivered into the State. Any questions in this regard can be directed to the Division of Taxation at (609) 292-6400 Form NJ-REG can be filed online at www.state.nj.us/treasury/revenue/busregcert.shtml
Before final payment is made under the contract, the contractor shall submit to the Contracting Agency a complete and accurate list of all subcontractors used and their addresses. Pursuant to N.J.S.A. 54:49-4.1, a business organization that fails to provide a copy of a business registration as required, or that provides false business registration information, shall be liable for a penalty of $25 for each day of violation, not to exceed $50,000, for each proof of business registration not properly provided under a contract with a contracting agency.
Please upload your company's BRC.
- W-9 —
If the bidder does not have a current W-9 form on file with the owner, one must be completed prior to contract execution. http://www.irs.gov/pub/irs-pdf/fw9.pdf
Please upload company's W-9.
- Insurance and Indemnification —
The insurance documents indicated by an (X) shall include but are not limited to the following coverages. The successful bidder shall provide coverage so that all insurance coverage must be in effect no later than the start date of the contract and remain in effect for the duration of the contract, including any extensions. Deductible amounts or self-insurance retention amounts payable under or with respect to such insurance coverage shall be the sole responsibility of the contractor. No policy shall have a deductible amount greater than $100,000.
- Insurance Requirements
X Worker's Compensation - Worker's Compensation insurance shall be maintained in full force during the life of the contract, covering all employees engaged in performance of the contract pursuant to N.J.S.A. 34:15-12(a) and N.J.A.C. 12:235-1.6.
X Commercial General Liability Insurance - General Liability insurance shall be provided with the limits of not less than $1,000,000 any one person and $1,000,000 any one accident for bodily injury and $2,000,000 aggregate for property damage and shall be maintained in full force during the life of the contract.
X Automotive Liability Insurance -Automotive Liability insurance covering contractor for claims arising from owned, hired and non-owned vehicles with limits of not less than $1,000,000 any one person and $1,000,000 any one accident for bodily injury and $2,000,000 each accident for property damage, shall be maintained in full force during the life of the contract. - Certificates of the required Insurance
Certificates of Insurance for those policies required above shall be submitted with the contract. Such coverage shall be with an insurance company authorized to do business in the State of New Jersey and shall name the owner as an additional insured. Self-insured contractors shall submit an affidavit attesting to their self-insured coverage and shall name the owner as an additional insured. - Indemnification
The contractor shall indemnify and hold harmless the owner, its officers, agents, servants, and employees from all claims, suits or actions, and damages or costs (including but not limited to reasonable attorney’s fees, court and/or arbitrator costs) of every name and description to which the owner may be subjected or put by reason of injury to the person or property of another, or the property of the owner, resulting from:- negligent acts or omissions on the part of the contractor, the contractor's agents, servants or subcontractors in the delivery of goods and services, or in the performance of the work under the contract; and
- the use of any copyrighted or copyrighted composition, valid trademark, secret process, patented or unpatented invention or article furnished or used in the performance of this contract.
Please upload company's insurance certificate listing the Township of North Brunswick as additional insured.
- EEO Certification —
Please upload company's EEO Certificate.
- American with Disabilities Act of 1990 —
Equal Opportunity for Individuals with a 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 will not relieve the contractor of the obligation to comply with the Act and to defend, indemnify, protect, and save harmless the owner pursuant to this paragraph.
It is further agreed and understood that the owner assumes no obligation to indemnify or save harmless the contractor, its agents, servants, employees and subcontractors for any claim which may arise out of their performance of this Agreement. Furthermore, the contractor expressly understands and agrees that the provisions of this indemnification clause shall in no way limit the contractor’s obligations assumed in this Agreement, nor shall they be construed to relieve the contractor from any liability, nor preclude the owner from taking any other actions available to it under any other provisions of the Agreement or otherwise at law.
- ACH Enrollment —
Effective immediately, vendors may elect to receive payments through the Automated Clearinghouse Network (ACH). ACH payments are secure, efficient, and cost-effective compared to traditional paper checks. This service will be provided at no cost to you and will only be used for deposits.
To enroll, please complete the enclosed Vendor ACH Authorization Form in full. In addition, we require either a voided check or a bank letter on official bank letterhead. If providing a bank letter, it must include:
- Bank Name
- Account Name
- Account Number
- Routing Number
- Bank Contact Person
- Please upload any additional documents you deem necessary.