NOTICE TO BIDDERS CITY OF PASSAIC

Sealed Proposals will be received on Wednesday, August 2, 2017 at 10:45 a.m. prevailing time in the Purchasing Conference Room, Room 203, 2nd Floor, City Hall, 330 Passaic Street, Passaic, New Jersey and then publicly opened and read aloud for the following:

FURNISHING AND DELIVERY OF ONE (1) NEW AND UNUSED STREET SWEEPER WITH BELT CONVEYOR

Instructions, Specifications and Proposal blanks may be obtained at the Purchasing Department, City Hall, 330 Passaic Street, Passaic, New Jersey between the hours of 8:30 A.M. and 4:00 P.M. daily except Saturdays, Sundays and Holidays or downloaded from the City of Passaic website www.cityofpassaic.com Proposals must be made on the standard Proposal Form provided, accompanied by a Proposal Guarantee in the form of a Bid Bond from a Surety/Bonding Company licensed and qualified to do business in the State of New Jersey, a Certified check or Cashier’s Check in the amount of ten percent (10%) of the total amount bid, but not in excess of $20,000.00 to insure signing of the contract. Proposal and Proposal Guarantee must be enclosed in a sealed envelope bearing the bidder’s name and address and the designated work or materials to be furnished. Bidders are required to comply with the requirement of P.L. 1975, c. 127. (NJAC 17:27).

Bidders must be registered with the Division of Revenue, State of New Jersey for a Business Registration Certificate at the time of contract award.

The City of Passaic is only responsible for forwarding addendums or clarifications to those prospective bidders who obtained specifications from the City of Passaic, Division of Purchasing or to those who have put the City of Passaic Division of Purchasing on notice as having received the specification. The City Council has the right to consider bids for sixty (60) days after their receipt.

DORIS DUDEK, R.P.P.O., QPA PURCHASING AGENT

rev. 07/14/17

PROPOSAL FORM

TO: City of Passaic The undersigned hereby declares that they have carefully examined the requirements of the specifications contained herein, and propose to furnish and deliver to the City of Passaic the apparatus listed below. ONE (1) New and Unused Three Wheel Broom Street Sweeper with Belt Conveyor MAKE:_________________________ MODEL:_______________________________ PURCHASE PRICE: ___ @ $_________________ Total: $______________________ (In Words)______________________________________________________________ OPTIONAL ITEMS: 30.1 Manufacturer’s 3 year parts & labor warranty on sweeper ................. $________________ 30.2 John Deere 5 year/5000 hour engine warranty .................................. $________________ SIGNED: ______________________________________________ BIDDER: ______________________________________________ TITLE: ______________________________________________ ADDRESS: ______________________________________________ ______________________________________________ TAX ID # ______________________________________________ TELEPHONE NO. _________________________FAX #________________ DATE: ______________________________________________

TS-2

CITY OF PASSAIC PASSAIC COUNTY, NEW JERSEY TECHNICAL SPECIFICATIONS FOR BROOM STREET SWEEPER WITH BELT CONVEYOR 1.0 INTENT

COMPLY YES NO ____ ____

It is the intent of this specification to provide for the purchase of one (1) new and unused street sweeper having a three wheel configuration, belt conveyor, 3.6 cubic yard front high dumping hopper, hydrostatic transmission, right and left side broom with variable down pressure controlled from cab. The following specification is based upon an ELGIN PELICAN P street sweeper. The City's Public Works Department has evaluated different types of street sweepers and has determined that this product is best suited for the City's needs in safety, quality, performance, and standardization. This specification is not to be interpreted as restrictive, but rather as a measure of the safety, quality and performance against which all sweepers bid will be compared. In comparing proposals, consideration will not be confined to price only. The successful bidder will be one whose product is judged to best serve the interests of the City when standardization, price, product, safety, quality and delivery are considered. City of Passaic reserves the right to reject any or all bids or any part thereof, and to waive any minor technicalities. A contract will be awarded to the bidder submitting the lowest responsible bid meeting the requirements of this specification.

2.0 EQUIVALENT PRODUCT ____ ____ Bids will be accepted for consideration on any make or model that is equal or superior to the sweeper specified. Decisions of equivalency will be at the sole interpretation of the City of Passaic's Department of Public Works. A blanket statement that equipment proposed will meet all requirements will not be sufficient to establish equivalence. Original manufacturer's brochures of the proposed unit are to be submitted with the proposal. All modifications made to the standard production unit described in the manufacturer's brochures must be certified by the manufacturer and submitted with the bid, or the bid will be deemed "non-responsive" and rejected without further review. Bidder must be prepared to demonstrate a unit similar to the one proposed, if requested.

3.0 INTERPRETATIONS ____ ____

TS-3

In order to be fair to all bidders, no oral interpretations will be given to any bidder as to the meaning of the specification documents or any part thereof. Every request for such a consideration shall be made in writing to the City Clerk. Based upon such inquiry, the City may choose to issue an Addendum in accordance with NJSA 40A:11-23.

4.0 GENERAL ____ ____ The specification herein states the minimum requirements of the City. All bids must be regular in every respect. Unauthorized conditions, limitations, or provisions shall be cause for rejection. City of Passaic will consider as "irregular" or "non-responsive" any bid not prepared and submitted in accordance with the bid document and specification, or any bid lacking sufficient technical literature to enable the City to make a reasonable determination of compliance to the specification. It shall be the bidder's responsibility to carefully examine each item of the specification. Failure to offer a completed bid or failure to respond to each section of the technical specification (COMPLY: YES NO) will cause the proposal to be rejected without review as "non-responsive". All variances, exceptions and/or deviations shall be fully described in the appropriate section. Deceit in responding to the specification will be cause for rejection.

5.0 BUY AMERICAN ____ ____ The City of Passaic, in ongoing commitment to promote the security of American manufacturing and assembly jobs, requires American manufactured and assembled products for City projects where it is deemed in the best interest of the City. Bidders must submit an affidavit of U.S. manufacture of the proposed product with the bid proposal. Products manufactured and assembled in America submitted for this proposal may be used in determination of award.

6.0 CHASSIS 6.1. Configuration shall be three wheel, rear steer. Front steer

configurations shall not be acceptable. ____ ____

6.2. For safety, steering strut shall have dual tires. Single tire steer wheels

shall not be acceptable in case of flat tire. ____ ____

6.3. To protect the target vehicle receiving the hopper discharge, sweeper

shall have permanently fixed heavy duty steel bumpers with rubber padding, capable of limiting the forward movement of the

TS-4

sweeper before the sweeper drive wheels or chassis can impact the target vehicle.

____ ____

6.4. For maximum strength, chassis shall be fully welded; formed channel

and boxed tube style. Bolt together chassis shall not be acceptable due to limited structural strength.

____ ____

6.5. Chassis shall have front and rear tow hooks ____ ____ 6.6. Engine compartment cover shall have two raising assist cylinders. ____ ____ 6.7. Rear axle shall be strut; incorporates single-sided swingarm

suspension type, having a minimum capacity of 7,400lbs. ____ ____

6.8. Front axles shall be stub type, each having a minimum capacity of

10,000 lbs. ____ ____

7.0 CHASSIS ENGINE 7.1. Diesel engine shall be a 4 cylinder, turbocharged, dynamically counter

balanced, 276 cu/in. (John Deere 4045T or equal). ____ ____

7.2. Engine must be EPA Tier 4 “final” and CARB emission compliant and

be capable of operating on biodiesel up to B20 ____ ____

7.3. Power rating shall 74 HP @ 2400 RPM. ____ ____ 7.4. Engine shall have ECU for throttle control and management of after

treatment system. ____ ____

7.5. Engine shall be rubber mounted. ____ ____ 7.6. For greater heat dissipation and lower cost of maintenance, engine

shall have individually replaceable wet sleeve cylinder liners. ____ ____

7.7. Air cleaner shall be dual safety dry-type. ____ ____ 7.8. Anti-freeze/water mixture shall be rated at -20 degrees. ____ ____ 7.9. Diesel fuel tank shall have a minimum capacity of 35 U.S. gallons. ____ ____ 7.10. For operator safety in the event of engine cutout, steering system

shall have a manual override. ____ ____

7.11. An engine shutdown shall be included which protects against damage when either low oil pressure or high coolant temperature conditions occur.

____ ____

7.12. City of Passaic has determined that for ease of warranty claims and

TS-5

general service, the bidder must be a factory authorized warranty dealer for the engine for a period of no less than five (5) years. Vendors proposing equipment shall submit with their proposal the engine manufacturer’s dealer authorization statement. Bidders that are not authorized or whom do not submit manufacturer’s authorization will be rejected without further review.

State year established as authorized auxiliary engine dealer. _______________________________________________

____ ____

8.0 HYDROSTATIC TRANSMISSION 8.1. Pump shall be variable displacement with separate variable

displacement wheel drive motors. ____ ____

8.2. Power shall be evenly distributed through planetary torque hubs. ____ ____ 8.3. Power shall be transferred from wheel drive motors to planetary

torque hubs without side loading. ____ ____

8.4. Single foot pedal shall automatically produce required torque at a set

pressure. ____ ____

8.5. To prevent the possibility of contamination and the resulting damage

to the transmission system, transmission shall be protected by 10 micron filter with cab restriction indicator.

____ ____

8.6. Single foot pedal shall control both forward and reverse directions. ____ ____ 8.7. Hydrostatic transmission shall be computer controlled to optimize

propel system to engine power. ____ ____

9.0 TIRES AND WHEELS 9.1. Front drive tires shall be tubeless radial tires, 11R22.5 (Load range H)

mounted on disc wheels. ____ ____

9.2. Dual rear tires shall be tubeless radial tires, 10R17.5 (Load range H)

mounted on disc wheels. ____ ____

9.3. Sweeper shall be equipped with rear suspension, providing smooth

ride for operation, while reducing chassis fatigue. ____ ____

9.4. Rear suspension shall be single-sided swingarm type – design allows

for ease of tire accessibility – utilizing heavy duty twin spring coils with shock absorbers – for superior dampening of ground input during operation.

____ ____

TS-6

9.5. Rear suspension shall have 3 inches of effective travel for maximum

jounce. ____ ____

9.6. Rear suspension shall have single convolution hollow rubber spring to

prevent hard stop of suspension at jounce limit for increased ride quality.

____ ____

10.0 BRAKES 10.1. Service brakes shall be full power, hydraulically applied, twin-caliper

disk type. ____ ____

10.2. For safety, the hydrostatic system shall be equipped with a priority

relief valve to enable the sweeper to gradually coast to a stop when the accelerator pedal is released. The City has determined that systems which abruptly stop the sweeper by dynamically braking when the accelerator pedal is in the neutral position are potentially dangerous to our operators and following vehicles and will not be accepted.

____ ____

10.3. For safety, loss of engine power shall not automatically engage

brakes. ____ ____

10.4. For safety, loss of hydraulic power shall not automatically engage

brakes. ____ ____

10.5. For safety, neither brake engagement nor disengagement shall be

dependent upon the engine running. ____ ____

10.6. For safety, neither brake engagement nor disengagement shall be

dependent on any electrical circuit. ____ ____

10.7. To safely provide redundancy, parking brake shall be positively and

mechanically applied to drive axle. ____ ____

10.8. Neither parking brake engagement nor disengagement shall be

dependent on any electrical circuit. ____ ____

11.0 CAB 11.1. To maximize operator visibility, cab glass area shall be not less than

8,500 square inches. ____ ____

11.2. For safety and maximum operator visibility, doors shall be all glass

and seal completely when fully closed but capable of latching 6” open for flow through ventilation.

____ ____

TS-7

11.3. Front windows shall be tinted. Front window area shall be a minimum of 2300 square inches for optimum forward visibility.

____ ____

11.4. For safety, minimum cab visibility shall be approximately 360o

without using mirrors. ____ ____

11.5. For operator safety, cab doors shall be rear opening (hinged at

front). ____ ____

11.6. Cab interior environment shall be fully conditioned by filtered fresh

air heater pressurizer / defroster and air conditioner (A/C) with adjustable vents.

____ ____

11.7. Right and left seat shall be woven nylon cloth upholstered, foam

cushioned bucket type with arm rests, torsion suspension mounting and seat belt.

____ ____

11.8. Sweeper shall include one (1) inside rear view mirror and two (2)

outside west coast type mirrors. ____ ____

11.9. To maximize operator visibility, outside mirrors shall be mounted

forward of the cab enclosure. ____ ____

11.10. For safety during night sweeping, rocker switches shall be internally

illuminated so that they can be readily identified without the use of the cab dome light.

____ ____

11.11. Windshield wiper shall be two-speed intermittent with washer. ____ ____ 11.12. Interior of cab shall be lined with acoustical insulation, have

automotive type trim, and center console. ____ ____

11.13. Dash shall be faced with soft molded plastic. ____ ____ 11.14. There shall be a soft textured steering wheel with center horn at

each operator position with tilt and telescopic steering wheel for safer operation.

____ ____

11.15. Sweeper shall have an automatic electronic back-up alarm. ____ ____ 11.16. Sound levels within the cab shall not exceed OSHA standards. ____ ____ 11.17. Cab shall feature opening front opera windows to aid in flow

through ventilation. ____ ____

11.18. Doors and ignition shall be keyed alike. ____ ____ 12.0 SIDE BROOM

TS-8

12.1.Side broom shall be hydraulic, direct drive, vertical digger type mounted

on right and left side. ____ ____

12.2.To provide flexibility for varying sweeping conditions, broom speed shall

be variable, (90 RPM to 160 RPM), by operator from cab while moving independent of sweeping speed.

____ ____

12.3.Broom down pressure shall be adjustable by operator from the cab

while sweeping. ____ ____

12.4.Broom shall be four (4) replaceable plastic segments, filled with 26"

long tempered wire. ____ ____

12.5.Broom diameter shall be not less than 36", protruding not less than 13"

beyond outside of tire while sweeping. ____ ____

13.0 MAIN BROOM 13.1. Broom shall be not less than 35" diameter and not less than 68"

long. ____ ____

13.2. To provide flexibility for varying sweeping conditions, broom speed

shall be variable, (80 RPM to 140 RPM), by operator from cab while moving independent of sweeping speed.

____ ____

13.3. Broom shall be prefab disposable type, filled with polypropylene. ____ ____ 13.4. Broom shall be double wrapped at both ends. ____ ____ 13.5. To protect the broom mechanism, the main broom shall raise

automatically when the sweeper is reversed. The broom will return to its sweep position and set down pressure when a forward direction is resumed.

____ ____

13.6. Sweeping path shall be not less than 8 feet wide with one side

broom activated. ____ ____

14.0 CONVEYOR 14.1. Conveyor with Chevron style cleats and sipes shall be hydraulically

driven, able to load hopper to 100% of rated useable capacity. ____ ____

14.2. Conveyor shall be reversible in direction without stopping or

reversing any broom. ____ ____

14.3. Conveyor shall be capable of effectively sweeping debris of varying

sizes (from large bulky trash 6" in height to fine sand) without the

TS-9

need to make any adjustments to the conveyor system. ____ ____ 14.4. To reduce wear on all conveyance components, a conveyor belt

having molded Chevron style cleats and sipes shall carry, not drag, debris to the hopper.

____ ____

14.5. To protect the broom mechanism, the main broom shall raise

automatically when the sweeper is reversed. The broom will return to its position and down pressure when a forward direction is resumed.

____ ____

15.0 HOPPER 15.1. For safety, the hopper shall be front dumping, allowing an operator

to observe the dump target and surrounding area at all times from the cab, without the use of mirrors.

____ ____

15.2. Hopper shall dump at varying heights ranging from ground level

through a height of 9-1/2 feet. ____ ____

15.3. Hopper shall have a dumping reach of 33 in. forward. ____ ____ 15.4. To extend wear life, tilt arm bearings shall be permanently-lube

Teflon impregnated composite. ____ ____

15.5. Dump cycle shall be not more than 60 seconds. ____ ____ 15.6. Volumetric capacity shall be not less than 3.6 cu.yd., useable

capacity not less than 3.5 cu. yd. ____ ____

16.0 WATER SYSTEM 16.1. Tank capacity shall be not less than 220 U.S. gallons. ____ ____ 16.2. Tank shall be constructed of non-rusting material (polyethylene or

equal) STATE TANK CONSTRUCTION: _______________________

____ ____

16.3. Pump shall be a 5 chamber diaphragm pump that is self priming and

capable of running dry. ____ ____

16.4. Water fill gauge shall be visible from normal operating position. ____ ____ 16.5. Sweeper shall be equipped with an automatic internal

hopper/conveyor flush and wash down system. ____ ____

16.6. Water fill hose shall be not less than 16'8" in length, equipped with 2-

TS-10

1/2" NST hydrant coupler. ____ ____ 16.7. Storage basket shall be provided for fill hose. ____ ____ 17.0 HYDRAULIC SYSTEM 17.1. Power shall be provided by shaft and gear driven pumps. ____ ____ 17.2. Hydraulic reservoir shall be not less than 33 gallons, baffled and with

sight gauge. ____ ____

17.3. Test ports shall be at staggered height, including individual ports for

sweeping functions, hopper functions and propulsion. ____ ____

17.4. To prevent contamination of the reservoir during the dump cycle, the

reservoir vent shall be equipped with 10 micron, spin on filter. ____ ____

17.5. To prevent the possibility of contamination and the resulting damage

to the hydraulic system, suction lines for drive to have 10 micron filter with cab mounted restriction indicator.

____ ____

17.6. To prevent the possibility of contamination and the resulting damage

to the hydraulic system, return lines for drive to have 10 micron filter with cab mounted restriction indicator.

____ ____

17.7. To prevent contamination of the reservoir when adding hydraulic

fluid, all oil added shall pass through a 10 micron filter located within the fill spout.

____ ____

17.8. Cooler shall be protected by a 125 PSI bypass valve. ____ ____ 17.9. To minimize environmental damage caused by leaking hydraulic

fittings, all pressure hydraulic fittings shall be flat-face "O" ring or "O" ring boss type.

____ ____

17.10. All circuits shall have quick-disconnect check ports. ____ ____ 17.11. A warning indicator shall be supplied to warn operator if the

hydraulic oil in the reservoir falls below the acceptable level required.

____ ____

18.0 ELECTRICAL 18.1. Unitized alternator/regulator shall be not less than 120 ampere. ____ ____ 18.2. Battery shall be maintenance free, 12 volt, 180 min reserve, 925

CCA. ____ ____

TS-11

18.3. For safety, all electrical circuits shall be protected with automatically

self-resetting circuit breakers which do not require any action by the operator to reset.

____ ____

18.4. All lighting shall be New Jersey D.O.T. approved including

combination stop and tail lights, sealed multiple beam headlights, high beam - low beam switch, adjustable side broom spotlight, illuminated gauges and instrument panel, internally illuminated rocker switches, self-canceling directional signals, and hazard switch.

____ ____

18.5. For ease of electrical "trouble shooting", all wiring shall be

harnessed, identified by color coded and word coded wires (i.e. "Ignition", "Headlight" etc.) every four inches.

____ ____

18.6. All terminals shall be properly crimped and splices ultrasonically

welded. ____ ____

18.7. To prevent deterioration from oxidation all electrical splices shall be

fully and completely insulated with heat shrinkable tubing. ____ ____

18.8. All electrical connections shall be sealed with weatherproof,

polarized connectors. ____ ____

18.9. Electrical system shall have complete plug-in diagnostics that

includes fault codes and troubleshooting. ____ ____

19.0 CONTROLS 19.1. All sweeper controls shall be mounted on a central control console

with locking ignition for use from the right or left positions. This allows the operator to view all important information from either operating position.

____ ____

19.2. The controls shall include all sweep, spray water, and lighting

functions. ____ ____

19.3. Rocker switches shall be clearly identified by name and international

symbol. ____ ____

19.4. The controls for sweep, spray water (if equipped with a water

system), and lighting functions shall be conventional rocker switches.

____ ____

19.5. Hydraulic functions shall be controlled by electric rocker switches. ____ ____ 19.6. Hopper dump functions shall be controlled by a single “joy” stick that

meets the SAE standard. Multiple levers shall not be acceptable. ____ ____

TS-12

20.0 INSTRUMENTS 20.1. Instrument panel shall be full vision illuminated with tachometer,

hour meter, speedometer, odometer, fuel gauge, hydrostatic oil temperature gauge, water temperature gauge, oil pressure gauge, voltmeter gauge, hydraulic filter/drive filter indicator and engine air intake restriction indicator.

____ ____

20.2. An automatic rear view camera with full color 5.6” LCD monitor shall

be provided. Camera shall monitor display the area behind the sweeper whenever the sweeper is moving in reverse. The display shall be selectable to allow continuous rear view at all times. The display shall have an additional camera input to allow future expansion of additional cameras. The camera shall be equipped with infra red lamps to allow night vision.

____ ____

21.0 LIFELINER HOPPER LINER 21.1.Hopper shall be spray coated with Lifeliner (or approved equal)

coating to protect the hopper. ____ ____

21.2.The hopper liner shall be extremely resistant to solvents, acids,

caustics and most other chemicals. ____ ____

21.3.The City has determined that to make dumping and cleanup more

efficient than with a carbon steel or stainless steel hopper, the formulation of the polyurethane liner shall be extremely smooth and slick and shall not allow most debris to stick to it.

____ ____

21.4.A zinc rich primer shall first be applied onto all exterior surfaces of

the hopper then baked. ____ ____

21.5.After the zinc rich primer has been baked on, a thick coat of polyester

powder shall be applied to all exterior surfaces and then the hopper shall be baked for a second time.

____ ____

21.6.After the outside coating process is complete, a polyurethane hopper

liner material shall be applied to all inside surfaces of the hopper, effectively hermetically sealing the hopper against wear and corrosion.

____ ____

21.7.Manufacturer will repair or replace or cause to be repaired or

replaced, the debris body (hopper) of any sweeper originally purchased with the optional LifeLiner Hopper Coating System with lifetime warranty, should the debris body fail due to corrosion or wear perforation during the lifetime of the sweeper. The decision to repair or replace shall be at the sole discretion of manufacturer.

TS-13

Such repair or replacement shall be at no cost to the customer. A copy of the manufacturer’s Lifetime Limited Warranty Statement

shall be included with the bid. Bidders not submitting the manufacturer’s warranty statement shall be rejected without further review.

____ ____

22.0 PAINT 22.1. All visible exterior metallic surfaces shall be coated prior to assembly

with polyester powder coat. ____ ____

22.2. The paint must be a minimum of 2 mils thick. The uses of acrylic

enamels and/or polyurethane’s are not acceptable. ____ ____

22.3. Sweeper color shall be the City of Passaic's color of "RAL 1037 Sun

Yellow". ____ ____

22.4. Vehicle shall have an accent color of Grey on the lower portions of

the unit. ____ ____

23.0 MANUALS 23.1. A parts manual shall be provided. ____ ____ 23.2. An operation and maintenance manual shall be provided. ____ ____ 23.3. An auxiliary engine service manual shall be provided. ____ ____ 23.4. A sweeper service manual shall be provided. ____ ____ 24.0 WARRANTY 24.1. To assure an acceptable standard of quality, unit shall be

manufactured at an ISO-9001 certified factory. ____ ____

24.2. Manufacturer's warranty shall be not less than one (1) year on

Sweeper. ____ ____

24.3. Manufacturer's warranty shall be not less than two (2) years or 2,000

hours on the engine. ____ ____

24.4. Bidders submitting literature stating warranties which do not fully

comply with warranty requirements of this specification must submit a letter from the manufacturer certifying warranty compliance as an integral part of their proposal. Failure to comply may cause the proposal to be deemed "non-responsive" and

TS-14

rejected without further review. ____ ____ 25.0 ACCESSORIES 25.1. Two strobe lights with protectors shall be provided at the rear of the

sweeper roof. ____ ____

25.2. Four flashing sweep lights shall be provided. One light shall be

installed at each top corner of the cab. ____ ____

25.3. Dual rear floodlights and backup lights shall be provided. ____ ____ 25.4. An AM/FM/CD radio & map light shall be provided. ____ ____ 25.5. A lower roller cleanout shall be provided. ____ ____ 25.6. A conveyor stall alarm shall be provided. ____ ____ 25.7. Greasable dirt shoes shall be provided. ____ ____ 25.8. Right and left side of cab shall be protected by limb guards. ____ ____ 25.9. A hydrant wrench shall be provided. ____ ____ 25.10. A low oil/high pressure/high temperature shutdown shall be

provided. ____ ____

25.11. LED clearance lights shall be provided. ____ ____ 25.12. LED stop, tail, and turn lights shall be provided. ____ ____ 25.13. Left hand and right hand “West Coast” style heated and motorized

mirrors shall be provided. ____ ____

25.14. Front and illuminated rear license plate holders shall be provided. ____ ____ 25.15. A lower roller deflector shall be provided. ____ ____ 25.16. A set of six reflectors shall be provided. ____ ____ 25.17. A 2-3/4 lb. fire extinguisher shall be provided. ____ ____ 25.18. A Turbo II air pre-cleaner shall be provided to further protect

sweeper engine. ____ ____

25.19. A spare drive wheel and tire shall be provided. ____ ____ 25.20. A spare guide wheel and tire shall be provided. ____ ____

TS-15

25.21. A right hand Bostrom air ride suspension seat shall be provided. ____ ____ 26.0 SERVICE AND TRAINING 26.1.Vendors shall have a full parts and service facility within a reasonable

distance from the City Garage. State location and distance. _______________________________________________

26.2.A qualified technician shall provide complete training to City

personnel at the City Garage. Training shall include safety, operation, maintenance and service.

____ ____

27.0 EXTENDED TRAINING AND EQUIPMENT INSPECTIONS 27.1. Subsequent additional scheduled training and complete vehicle

inspection sessions, by a qualified technician, shall be provided. ____ ____

27.2. The training and inspection sessions shall be at the end of each of

the first four (4) quarters following delivery. These inspection and training sessions shall effectively provide one full year of on-going training and equipment evaluation.

____ ____

27.3. A written schedule of all four (4) post-delivery inspection dates shall

be considered an essential part of the delivery, without which, the delivery will be incomplete.

____ ____

27.4. At the completion of each inspection and training, the vendor shall

submit a comprehensive written report to the City fully describing the condition of the equipment and the training topics covered.

____ ____

27.5. If requested, each Bidder must be prepared to submit a sample

report detailing the specific items which will be evaluated at each training and inspection. The quality and thoroughness of this report may be used as a basis in evaluating proposals.

____ ____

27.6. Bidder shall submit with his proposal a list of New Jersey

governmental entities for which a similar extended training and equipment evaluation has been (or is being) performed. Such list shall include contact name, phone and equipment covered. If none, state so.

____ ____

28.0 DELIVERY

TS-16

28.1. Sweeper shall be delivered F.O.B. City of Passaic in first class operating condition.

____ ____

28.2. Acceptance shall be subject to the inspection and approval of the

City. ____ ____

28.3. Bidder shall state delivery time after receipt of order:

_________________________________________

29.0 REFERENCES 29.1. Bidder shall state the length of time in service as an authorized

dealer for the product being proposed. ________________________________________________

29.2. Bidder shall submit the name, address, responsible party and phone number of not less than ten (10) municipal owners of comparable models (including having an identical debris conveyance system) to that being offered, who have used such models over a ten year span. If none, state so.

30.0 OPTIONAL ITEMS The City of Passaic may choose, at its sole discretion, to add any or all of

following items to this purchase. Bidder shall state the amount to be added to the Bidder's Proposal, should each item be selected.

30.1. Manufacturer's warranty shall be not less than three (3) years on

sweeper. ____ ____

ADDITIONAL COST: $_______________________ 30.2. Manufacturer's warranty shall be not less than five (5) years or 5,000

hours on the auxiliary engine. Deductible shall not exceed $250.00.

____ ____

ADDITIONAL COST: $_______________________

TS-17

31.0 EXCEPTIONS AND DEVIATIONS 31.1.Bidder shall fully describe every variance, exception and/or deviation. Additional sheets

may be used if required. ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________

2/1/16

INSTRUCTION TO BIDDERS

Sealed Proposals shall be received in accordance with Public Advertisement as required by law, a copy of said notice being attached hereto and made a part of these specifications. I. SUBMISSION OF BIDS A. BIDS FORWARDED THROUGH THE MAIL The bid proposal form shall be submitted, in a sealed envelope: (1) addressed to the City of Passaic, Division of Purchasing, Attn: Doris Dudek, Director of Purchasing (2) bearing the name and address of the bidder written on the face of the envelope, and (3) clearly marked “BID” with the contract title. It is the bidder’s responsibility to see that bids are presented to the City of Passaic on the hour and the place designated. Bids may be hand delivered or mailed; however, the City of Passaic disclaims any responsibility for bids forwarded by regular mail or overnight mail. Bids received after the designated time and date will be returned unopened. B. PROPOSAL FORM Sealed bids forwarded to the City of Passaic before the time of opening of bids may be withdrawn upon written application of the bidder who shall be required to produce evidence showing that the individual is or represents the principal or principals involved in the bid. Once bids have been opened, they must remain firm for a period of sixty (60) calendar days. All prices and amounts must be written in ink or preferably typewritten. Bids containing any conditions, omissions, unexplained erasures or alterations, items not called for in the bid proposal form, attachment of additive information not required by the specifications, or irregularities of any kind, may be rejected by the City of Passaic. Any changes, white-outs, strike-outs, etc. on the proposal page must be initialed in ink by the person responsible for signing the bid. Bidders must insert prices for furnishing all of the materials and/or labor required by these specifications. Prices shall be net, including any charges for packing, crating, containers, etc. All transportation charges shall be fully prepaid by the contractor F.O.B. destination and placement at locations specified by the City of Passaic. As specified, placement may require inside deliveries. No additional charges will be allowed for any transportation costs resulting from partial shipments made at the contractor’s convenience. The vendor shall guarantee any or all materials and services supplied under these specifications. Defective or inferior items shall be replaced at the expense of the vendor. In case of rejected materials, the vendor will be responsible for return freight charges.

1

II. BID SECURITY A. BID GUARANTEE – SEE ATTACHED SAMPLE – IF APPLICABLE (REFER TO LEGAL ADVERTISEMENT) Bidder shall submit with the bid a certified check, cashier’s check or bid bond in the amount of ten (10%) of the total price bid, but not in excess of $20,000.00, payable unconditionally to the City of Passaic. 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 City of Passaic. The check or bond of the unsuccessful bidder (s) shall be returned as prescribed by law. The check or bond of the bidder to whom the contract is awarded shall be retained until a contract is executed and the required performance bond or other security is submitted. The check or bond of the successful bidder shall be forfeited if the bidder fails to enter into a contract pursuant to N.J.S.A. 40A:11-21. FAILURE TO SUBMIT THIS SHALL BE CAUSE FOR REJECTION OF THE BID.

B. CONSENT OF SURETY – SEE ATTACHED SAMPLES (If Applicable) (REFER TO LEGAL ADVERTISEMENT)

Bidder shall submit with the bid a Certificate (Consent of Surety) with Power of Attorney for full amount of the bid price from a Surety Company authorized to do business in the State of New Jersey and acceptable to the City of Passaic, 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 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 THIS SHALL BE CAUSE FOR REJECTION OF THE BID.

C. PERFORMANCE BOND (If Applicable) (REFER TO LEGAL ADVERTISEMENT)

Successful bidder shall simultaneously with the delivery of the executed contract, submit an executed bond in the amount of one hundred (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 and any maintenance bonds required have been executed and approved by the City of Passaic. FAILURE TO DELIVER THIS WITH THE EXECUTED CONTRACT SHALL BE CAUSE FOR DECLARING THE CONTRACT NULL AND VOID.

D. LABOR AND MATERIAL (PAYMENT BOND) If Applicable (REFER TO LEGAL ADVERTISEMENT

2

Successful bidder shall with the delivery of the performance bond submit an executed payment bond to guarantee payment to laborers and suppliers for the labor and material used in the work performed under the contract. FAILURE TO DELIVER THIS WITH THE PERFORMANCE BOND SHALL BE CAUSE FOR DECLARING THE CONTRACT NULL AND VOID.

E. MAINTENANCE BOND If Applicable (REFER TO LEGAL ADVERTISEMENT) Successful bidder shall upon acceptance of the work submit a maintenance bond in the amount of 100% guaranteeing against defective quality of work or materials for the period of two (2) years.

THE SURETY ON SUCH BOND OR BONDS SHALL BE A DULY AUTHORIZED SURETY COMPANY AUTHORIZED TO DO BUSINESS IN THE STATE OF NEW JERSEY N.J.S.A. 17:31-5. III. INTERPRETATION AND ADDENDA A. The bidder understands and agrees that its bid is submitted on the basis of the specifications prepared by the City of Passaic. The bidder accepts the obligation to become familiar with these specifications. B. Bidders are expected to examine the specifications and related documents with care and observe all their requirements. Ambiguities, errors or omissions noted by bidders should be promptly reported in writing to the appropriate official. In the event the bidder fails to notify the City of Passaic of such ambiguities, errors or omissions, the bidder shall be bound by the bid. C. No oral interpretation of the meaning of the specifications will be made to any bidder. Every request for an interpretation shall be in writing, addressed to the City of Passaic representative stipulated in the bid. In order to be given consideration, written requests for interpretation must be received at least seven (7) days prior to the date fixed for the opening of the bids. Any and all such interpretations must be received at least seven (7) days prior to the date fixed for the opening of the bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications, and will be distributed to all prospective bidders, in accordance with N.J.S.A. 40A:11-23. All addenda so issued shall become part of the contract documents, and shall be acknowledged by the bidder in the bid. The City of Passaic’s interpretations or correction thereof shall be final.

D. Any bidder challenging the bid specifications must file notice of the challenge with the Director of Purchasing no less than three (3) business days prior to the opening of the bids. Any challenge filed after that date will be void and will have no impact on the award of the contract.

3

IV. DISCREPANCIES IN BIDS 1. If the amount shown in words and its equivalent in figures do not agree, written words shall be binding. Ditto marks are not considered writing or printing and shall not be used. 2. In the event that there is a discrepancy between the unit prices and the extended totals, the unit prices shall prevail. In the event there is an error of the summation of the extended totals, the computation by the City of Passaic of the extended totals shall govern. V. PRICE FLUCTUATIONS DURING CONTRACT All prices quoted shall be firm and not subject to increase during the period of contract. In the event of a manufacturer’s price decrease during the contract period, the City shall receive the full benefit of such price reduction of any undelivered purchase order and on any subsequent order placed during the contract period VI. BRAND NAMES, PATENTS & STANDARDS OF QUALITY A. Brand names and/or descriptions used in this bid are to acquaint bidders with the type of commodity desired and will be used as a standard by which alternate or competitive materials offered will be judged. Competitive items must be equal to the standard described and be of the same quality of work. Variations between materials described by the bidder on a separate sheet and submitted with the bid proposal form. Vendor’s literature WILL NOT suffice in explaining exceptions to these specifications. In the absence of any changes by the bidder, it will be presumed and required that materials as described in the proposal be delivered. B. It is the responsibility of the bidder to demonstrate the equivalency of item(s) offered. The City of Passaic reserves the right to evaluate the equivalency of an item (s) which, in its deliberations, meets its requirements. C. In submitting its bid, the bidder certifies that the merchandise to be furnished will not infringe upon any valid patent or trademark and that the successful bidder shall, at its own expense, defend any and all actions or suits charging such infringement, and will save the City of Passaic harmless from any damages resulting from such infringement. D. Only manufactured and farm products of the United States, wherever available, shall be used on this contract pursuant to N.J.S.A. 40A:11-18. E. Wherever practical and economical to the City of Passaic, it is desired that recycled or recyclable products be provided. Please indicate when recycled products are being offered.

4

VII. INSURANCE & INDEMNIFICATION General At all times during the Term of the Agreement, the Company, at its sole cost and expense, shall keep and maintain insurance against any loss or damage in an amount, and under such terms, as set forth below. Insurance Company shall obtain and maintain, at a minimum, the insurance coverage set forth below. Such insurance shall be obtained from insurance companies authorized to do business in the State of New Jersey and having an A.M. Best’s rating of at least “A-“ or better or the equivalent thereof. Deductible amounts or self insured retention amount payable under or with respect to such insurance coverage shall be the sole responsibility of the Company. Required Coverages: Type Minimum Coverage 1. Workers’ Compensation Insurance Statutory, as required by the State of New Jersey, including Employer’s Liability limits of $1,000,000 and including “Other States endorsement.” 2. Commercial General Liability, Bodily Insurance with combined single Injury and Property Damage, including limits of $1,000,000/$2,000,000 Contractual liability and Products and per project/per location Completed Operations 3. All Risk Property Coverage/Builder’s Vendor/contractor shall agree to Risk – if applicable insure any owned, leased or Borrowed property. The City of Passaic will have no liability with Regard to non-owned property. 4. Commercial Automobile Liability $1,000,000 per accident for Bodily Injury with coverage Provided for (1) owned autos (2) hired autos and (3) other Non-owed vehicles 5. Commercial Excess Liability $5,000,000 or an amount Sufficient to equal $5,000,000 With the primary general liability And automobile liability limits

5

6. Professional liability $1,000,000 each claim/annual Aggregate Deductibles No policy shall have a deductible amount greater than $100,000 per occurrence. Form and Content All policies, binders or interim insurance contracts with respect to insurance maintained by the Company hereunder shall:

1. Designate the City of Passaic, its officers, agents and employees (except in the case of Workers’Compensation Insurance) as an additional insured:

2. Provide that there shall be no recourse against the City for payment

of premiums or commissions or (if such policies provide for payment thereof) additional premiums or assessments;

3. Provide that such insurance shall be primary insurance without any Right of contribution from any other insurance carried by the City of Passaic or to the Company to the extent that such other insurance provides The City of Passaic or the Company with contingent and/or excess Liability insurance with respect to its respective interest and such insurance shall expressly provide that all provisions thereof (except the limits of liability, which shall be applicable to all insured as a group and Liability for premiums) shall operate in the same manner as if there were a separate policy covering each insured.

4. Provide that the City of Passaic shall be furnished with at least thirty (30) days prior written notice of any material change, cancellation, expiration or non-renewal of coverage and that unilateral change, cancellation, expiration or non-renewal shall be effective absent such notice; and

5. Waive any right of subrogation of the insurers there under against the City of Passaic.

Prior to, but no later than the event date, the Company shall provide to the City, a certificate of Insurance that evidence compliance with the requirements of this Section. VIII. PREPARATION OF BIDS

A. The City of Passaic is exempt from any local, state or federal sales, use or excise tax.

B. Estimated Quantities (Open-End Contracts) The City of Passaic 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.

6

The right is reserved to decrease or increase the quantities specified in the specifications pursuant to N.J.A.C. 5:34-4.9. NO MINIMUM PURCHASE IS IMPLIED OR GUARANTEED.

C. Successful bidder shall be responsible for obtaining any applicable permits or licenses from any government entity that has jurisdiction to require the same. All bids submitted shall include this cost in the bid price agreement. D. The City of Passaic encourages, but does not require, any business awarded a contract with the City to employ residents of the City of Passaic in connection with the performance of the contract. IX. STATUTORY AND OTHER REQUIREMENTS A. Mandatory Affirmative Action Certification No firm may be issued a contract unless it complies with the affirmative action regulations of N.J.S.A. 10:5-31 et. seq. (P.L. 1975, c 127). 1. Procurement, Professional and Service Contracts All Successful vendors must 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: i. A photocopy of a valid letter for an approved Federal Affirmative Action Plan (good for one year from the date of the letter), or ii. A photocopy of an approved Certificate of Employee Information Report, or iii. If the vendor has none of the above, the public agency is required to provide the vendor with an initial Affirmative Action Employee Information Report (AA-302).

2. Construction Contracts All successful contractors must submit within three days of the signing of the contract an Initial Project Manning Report (AA201-available upon request from the State’s Affirmative Action Office) for any contract award that meets or exceeds the bidding threshold. B. Americans with Disabilities Act of 1990 Discrimination on the basis of disability in contracting for the purchase of bids and services is prohibited. The successful bidder is required to read Americans with Disabilities language that is part of this specification and agrees that the provisions of Title II of the Act are made a part of the contract. The successful bidder is obligated to comply with the Act and to hold the City of Passaic harmless.

7

C. Prevailing Wage Act (When Applicable) Pursuant to N.J.S.A. 34:11-56.25 et seq. , successful bidders 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 City of Passaic within ten (10) days of the payment of the wages. The contractor is also responsible for obtaining and submitting all subcontractors’ certified payrolls in the form set forth in N.J.A.C. 12:6-6.1(c). It will be the contractor’s responsibility to obtain any additional copies of the certified payroll form to be submitted by contacting the Office of Administrative Law, CN 049, Trenton, New Jersey 08625 or the New Jersey Department of Labor, Division of Workplace Standards. D. Stockholder Disclosure Chapter 33 of the Public Laws of 1977 provides that no corporation or partnership shall be awarded any contract for the performance of any work or the furnishing of any materials or supplies, unless, prior to the receipt of the bid or accompanying the bid of said corporation or partnership, there is submitted a statement setting forth the names and addresses of all stockholders in the corporation or partnership who own ten percent or more of its stock of any class, or of all individual partners in the partnership who own a ten percent or greater interest therein. Form of Statement shall be completed and attached to the bid proposal. E. The New Jersey Worker and Community Right to Know Act The Manufacturer or supplier of a substance or mixture shall supply the Chemical Abstracts Service number of all the components of the mixture or substance and the chemical name. The manufacturer and supplier must properly label each container. Further, all applicable Material Safety Data Sheets (MSDS) - hazardous substance fact sheet - must be furnished. Owners must also ensure that all containers, which are stored at their facilities by contractors, display RTK labeling. The options and exclusions from labeling are found in New Jersey Right to Act regulations at (N.J.A.C. 8:59-5.5 and 5.6). General information and labeling assistance for bidders is found on the New Jersey Department of Health and Senior Services Right to Know Program website at: www.nj.gov/health/eoh/rtkweb/ F. Non-Collusion Affidavit The Non-Collusion Affidavit, which is part of these specifications, shall be properly executed and submitted with the bid proposal. FAILURE TO SUBMIT THIS SHALL BE CAUSE FOR REJECTION OF THE BID.

G. Public Works Contractor Registration Act Pursuant to the Public Works Contractor Registration Act (as amended by P.L. 2003 c.91) each

contractor bidding on a public works project must be registered with the Department of Labor’s

8

Division of Wage and Hour Compliance at the time bids are received by the City of Passaic.

After bids are received, and prior to contract award, the contractor most likely to receive the

contract award must submit to the City of Passaic copies of his certification and copies of his

subcontractors certification. All named sub-contractors listed in a bid (including out of state

contractors), material suppliers excluded, must also be registered with the Department of Labor’s

Division of Wage and Hour Compliance at the time bids are received. Non-Listed

subcontractors do not have to be registered until they physically start the public work assigned to

them.

The law specifically prohibits accepting applications for registration as a substitute for a

certificate of registration (N.J.S.A. 34:11-56.55)

FAILURE TO BE A REGISTERED CONTRACTOR OR

SUBCONTRACTOR AT THE TIME OF THE BID OPENING IS A

MATERIAL DEFECT WHICH CAN NOT BE WAIVED OR CORRECTED

AND WHICH WILL RESULT IN THE BID BEING REJECTED AS NON-

RESPONSIVE.

IT IS THE CONTRACTOR’S RESPONSIBILITY TO INSURE THAT ALL

HIS SUB-CONTRACTORS ARE REGISTERED AT THE TIME OF THE

BID OPENING. IT IS ALSO THE CONTRACTOR’S RESPONSIBILITY

TO INSURE THAT ALL HIS NON-LISTED SUBCONTRACTORS ARE

REGISTERED UPON STARTING THE PUBLIC WORK ASSIGNED TO

THEM.

For more information please contact:

Contractor Registration Unit Division of Wage and Hour Compliance NJ Department of Labor PO Box 389 Trenton, NJ 08625-0389 Telephone # 609-292-9464

9

H. Business Registration Certificate *Revised January 25, 2010*

Pursuant to N.J.S.A. 52:32-44 each vendor submitting a bid or proposal with the City of Passaic must be registered with The Division of Revenue, State of New Jersey. If the Business Registration Certificate for the contractor and sub-contractor (if applicable) is not part of the bid package but they are registered, the contractor must submit to the City of Passaic their Business Registration Certificate and a copy of their sub-contractors’ Business Registration Certificate prior to award of contract. All named sub-contractor (s) listed on the bid including out of state vendors must be registered with the Division of Revenue, State of New Jersey. Registration as a Business: Businesses must complete Form NJ-REG and submit it to the Division of Revenue. The form can be filed as per the following: A. Register online at www.state.nj.us/treasury/revenue/busregcert.shtml Click the “online” link and then select “Register for Tax and Employer

Purposes.” B. Call the Division at (609) 292-9292 to have a form mailed to

you.

C. Write to the Division at: Client Registration Bureau, PO Box 252, Trenton, NJ 08646-0252.

Registration as an individual:

There is a simplified registration process for individuals doing business with any New Jersey government agency. The form (NJ-REG-A) can be downloaded from the web at www.state.nj.us/treasury/revenue/pdforms/rega.pdf To obtain a copy by mail, call (609) 292-9292 , or write to the Division at the Client Registration Bureau, PO Box 252, Trenton, NJ 08646-0252.

I. Business Code of Ethics The successful bidder must submit prior to OR in conjunction with the signing of the contract, the signed Business Code of Ethics. In order to provide goods or services to the City of Passaic, a vendor must sign the enclosed acknowledgement form indicating that they have reviewed the BCE and has not taken any action which would constitute a violation of the BCE. Any vendor who fails to comply with this requirement shall be subject to their bid being rejected. The following statutes must be adhered to if applicable:

10

J. New Jersey Underground Facility Protection Act; N.J.S.A. 48:2073 et. seq. K. Licensed Master Plumber; N.J.S.A. 45:14C-2(h) L. The Electrical Contractors Licensing Act of 1962; N.J.S.A. 45:5A-1 M. Plan or Design Immunity; N.J.S.A. 59:4-6 et. seq. N. Certificate of Authority; N.J.S.A. 17:31-5 et. seq. O. Contractor Certification and Alarm Contractor Licensure; N.J.S.A. 45:5A-18 et. seq. P. The Certification of Fire Protection Equipment Contractors; N.J.S.A. 52:14B-5 et. seq. Q. Landscape Irrigation Contractor Certification Act of 1991; N.J.S.A. 45:5AA-1 et. seq. R. Tree Expert Act; N.J.S.A. 45:15C-1 et. seq. S. Pesticide Control Act of 1971; N.J.S.A. 13:1F-1 X. METHODS OF AWARD A. All contracts shall be for 12 consecutive months unless otherwise noted in technical or supplemental specifications. B. The City of Passaic may award the work on the basis of the Base Bid, combined with such Alternates as selected, until a net amount is reached which is within the funds available. C. If the award is to be made on the basis of Base Bids only, it will be made to that responsible bidder whose base bid, therefore is the lowest. If the award is to be made on the basis of a combination of a Base Bid with Alternates, the Alternates will be awarded based on the order specified in the proposal sheet. D. The City of Passaic may also elect to award the work on the basis of line items or unit prices, whichever results in the lowest total amount. E. The successful bidder will not assign any interest in this contract and shall not transfer any interest in the same without the prior written consent of the City of Passaic.

11

F. Procedure for selecting the lowest responsible qualified bidder when two identical bids are received are as follows:

1) The Purchasing Agent or Business Administrator shall assign “heads”and “tails” to the two bidders and toss a coin a single time to the floor.

2) The winner of the coin toss, shall be determined to be the lowest responsible bidder. 3) The coin toss shall be conducted in the presence of the City Clerk or Assistant City Clerk and a third person. 4) The resolution awarding the contract shall reference the breaking of the identical bid by the coin toss. 5) In the event of a three or more way identical bid (s), all bids will be rejected and the contract rebid. XI. THE FOLLOWING SHALL BE CONSIDERED REASONS FOR REJECTION OF

ALL BIDS: A. The lowest bid substantially exceeds the cost estimates for the goods or services.

B. The lowest bid substantially exceeds the City’s appropriation for the goods or services.

C. The governing body decides to abandon project. D. The City wants to substantially revise the bid specifications.

E. The purpose or provisions of the Local Public Contracts Law are being

violated. F. The governing body decides to use a State authorized contract. G. Negative Prior Experience as per N.J.S.A. 40A:11-4 H. Failure to Enter Contract Should the bidder, to whom the contract is awarded, fail to enter into a contract within 21 days, Sundays and holidays excepted, the City of Passaic may then, at its option, accept the bid of the next lowest bidder.

12

XII. PROMPT PAY PROCEDURES AND ALTERNATIVE DISPUTE RESOLUTION PROCESS

1. BILLS AND PAYMENTS: All bills submitted to the City for approval and payment pursuant to N.J.S.A. 2A:30A-1 et. seq. must comply with the following provisions. The “billing date” shall be the date that the contractor signs the certification on the voucher/purchase order that the work has been performed. These bills include all bills for improvements to real property and contracts for engineers, architects, surveyors, design or skilled services relating to construction work. Bills that are required to be approved by an engineering or architecture firm (prior to submission to the Council for approval) for purposes of confirmation of successful completion of construction work shall be approved or disapproved within 20 days of submission of same to the architect or engineer. If bills are disapproved or monies withheld from payment then notice of the reason for same shall be given within the same 20 days to the contractor. The City Council must approve payment of all bills pursuant to N.J.S.A. 40A:5-17. For the City Council to consider a bill for approval it must be submitted to the City purchasing director at least two weeks prior to a scheduled/or re-scheduled Council meeting date. If the Council or any agent or officer of the Council determines that the bill is not approved then notice of the disapproval shall be sent to the contractor within five days of the Council meeting on which the bill was listed for approval. If the bill is approved by the City Council then payment shall be made to the contractor within 7 days of the Council meeting as the “payment cycle”. Bills submitted under N.J.S.A. 40A:11-16.2 which are contracts which exceed $100,000.00 then the contractor agrees to the withholding of 2% of the amount due on each partial payment pending completion of the work. Upon final completion of the work and acceptance of the work performed then the City shall release all of the monies withheld. Successful bidder/respondent shall complete W-9 Form and submit to Division of Purchasing prior to contract award. The form is available at the following link: http://www.irs.gov/pub/irs-pdf/fw9.pdf 2. ALTERNATIVE DISPUTE RESOLUTION PROCESS:

All disputes relating to construction contracts pursuant to N.J.S.A. 40A:11-50 or relating to contracts for engineers or architects, surveyors, design or skilled services relating to construction contracts for prompt payment issues shall be submitted to the following Alternative Dispute Resolution Process (“ADR”). All disputes shall first be submitted to the architect of record, if there is one, for a determination. If 30 days pass without a determination by the architect or a determination is made that does not resolve the dispute, then the claims shall be submitted for mediation by a

13

single mediator pursuant to the rules of AAA. If the dispute is submitted for mediation the neutral party involved must demonstrate knowledge of the New Jersey Local Public Contracts Law.

If the parties cannot resolve their dispute through the mediation process, the parties are free to file an action in the appropriate court of law. XIII. INTEREST AND LATE FEES The City of Passaic will not pay late fees or interest on late payments on any contractual payments due from the City to Contractor. The City Council must approve all payments made under a City contract. The Council normally meets every 2 weeks and bills that are submitted timely and approved by the appropriate department will normally be considered for payment by the City Council at the next meeting after approval of same by the department. XIV. QUALIFIED MINORITY BUSINESS, QUALIFIED WOMEN’S BUSINESS AND QUALIFIED SMALL BUSINESS ENTERPRISES Pursuant to Resolution #09-09-249, the City of Passaic seeks to encourage qualified minority business enterprises, qualified women’s business enterprises and qualified small business enterprises to bid on municipal construction contracts. The City purchasing director shall attempt to give notice to qualified minority, women and small businesses, which are registered with the State of New Jersey, of the City’s intent to receive bids on a municipal construction project. Any minority, women’s or small business which seeks to bid on City construction projects can request that the purchasing director put them on a list of businesses to receive notice (via e-mail) of the City’s intent to seek bids on a City construction project. The failure of the purchasing director to provide notice to either the State registered businesses or the list of businesses registered with the City shall not be grounds for the voiding of any bid process. XV. TERMINATION OF CONTRACT A. If, through any cause, the successful bidder shall fail to fulfill in a timely and proper manner obligations under this contract or if the contractor shall violate any of the requirements of this contract, the City of Passaic shall thereupon have the right to terminate this contract by giving written notice to the contractor of such termination and specifying the effective date of termination. Such termination shall relieve the City of Passaic of any obligation for balances to the contractor of any sum or sums set forth in the contract. B. Notwithstanding the above, the contractor shall not be relieved of liability to the City of Passaic for damages sustained by the City of Passaic by virtue of any breach of the contract by the contractor and the City of Passaic may withhold any payments to the contractor for the purpose of compensation until such time as the exact amount of the damage due the City of Passaic from the contractor is determined. C. The contractor agrees to indemnify and hold the City of Passaic harmless from any liability to subcontractors/suppliers concerning payment for work performed or goods

14

supplied arising out of the lawful termination of the contract by the City of Passaic under this provision. D. In case of default by the successful bidder, the City of Passaic may procure the articles or services from other sources and hold the successful bidder responsible for any excess cost occasioned thereby. E. Continuation of the terms of this contract beyond the fiscal year is contingent on availability of funds in the following year’s budget. In the event of unavailability of such funds, the City of Passaic reserves the right to cancel this contract.

15

BID BOND SAMPLE

KNOW ALL MEN BY THESE PRESENTS, That we, the undersigned__________________ and

principal, and________________________________ as Surety, are hereby and firmly bound unto

the_____________________________________________ in the penal sum of TEN PERCENT OF amount bid,

not to exceed TWENTY THOUSAND and 00/100---(10%, not to exceed $20,000.00 for payment of which,

well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors,

administrators, successors and assigns.

Signed this___________day of_____________________________________. The condition of the above obligation is such that whereas the Principal has submitted to the owner as defined, a certain Bid, attached hereto, and hereby made a part hereof, to enter into a contract in writing, for _______________________________________________________________ NOW THEREFORE,

A. If said Bid shall be rejected, or, in the alternative,

B. If said Bid shall be accepted and the Principal shall execute and deliver a contract in the

form of Contract provided (properly completed in accordance with said Bid) and shall

furnish a bond for his faithful performance of said contract, and shall in all other respects

perform the Agreement created by the acceptance of the Bid,

Then, this obligation shall be void, otherwise the same shall remain in force, and effect; it being expressly understood and agreed that the liability of the surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Principal may accept such Bid; and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the principal and Surety have set their hands and seals, and such of them as are corporations having caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Principal:______________________(L.S.)

Surety:_________________________________ By:__________________________________________

STATE OF SS: COUNTY OF

On this ___________day of ___________20________, before me personally came_____________to me known, who, being by me duly sworn, did depose and say; he resides in___________________________ that he is the ____________________________ of the __________________________________the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order.

(SEAL)_____________________________________________

Notary Public of______________________________ My Commission expires________________________

SAMPLE

16

FORM OF

CONSENT OF SURETY/SURETY GUARANTY (To accompany Proposal)

KNOW ALL MEN BY THESE PRESENTS, That for and in consideration of the sum of $1.00, lawful money of the United States, the receipt whereof is hereby acknowledged, paid the undersigned corporation, and for other valuable consideration, the _____________________________________________ corporation organized and existing (Name of Surety Company) under the laws of the State of ________________________, licensed to do business in the State of New Jersey, certifies and agrees, that if ___________________________is awarded (Contract) to _____________________________, the undersigned _____________________corporation (Name of Bidder) (Name of Bidder) will execute the bond or bonds as required by the Contract Documents and will become surety in the full amount of the Contract price for the faithful performance of the contract and for payment of all persons supplying labor or furnishing materials in connection thencewith.

Dated this_______________ day of ________________2________.

By___________________________

(To be accompanied by the usual proof of authority of officers of surety company to execute the same)

CORPORATION ACKNOWLEDGMENT

STATE OF SS: COUNTY OF On this ___________day of ___________2______, before me personally came _____________________________to me known, who, being by me _____________________ duly sworn, did depose and say; he resides in __________________________ that he is the _____________________________ of the ______________________________ the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by order. (SEAL) ______________________________________________ Notary Public of________________________________ My Commission expires__________________________

17

ALL GOODS AND SERVICES VENDORS

For your convenience, all goods and services vendors now have two (2) options in filing the Division of Contract Compliance AA302, Affirmative Action Employee Information Report Renewal and Vendor Activity Summary forms. As always, you may complete the forms manually and mail them to this Office or you may input your employment data directly onto the AA302 Vendor Activity Summary Report form located on our website. To access the Division’s website, simply follow these steps:

1. Type www.state.nj.us/treasury/contract compliance

2. Select the “Internet Submission” button.

3. Select “About Internet Submission” if you wish to continue.

4. Review the Agreement and select “Accept”, if you wish to continue.

5. Complete the “Registration for Electronic Form Submission” section. Please note that the password is created by you.

6. Within 3-5 business days, the Division will confirm your password by e-mail. At

that time, you may access the electronic form to input your employment data.

7. When you complete each screen, you must print each screen page in order to copy your submission. The Division will not be able to provide you with a copy after the information has been sent.

18

CONSTRUCTION CONTRACTORS

For your convenience, all contractors now have two (2) options in filing the Division of Contract Compliance AA202, Monthly Project Workforce Report form. As always, you may complete the form manually and mail the form to this office, with a copy to this office, with a copy to the Public Agency or you may input your employment data directly onto the AA202 form located on our website, with a copy to the public agency. To access the Division’s website, simply follow these steps”

1. Type www.state.nj.us/treasury/contract compliance

2. Select the “Internet Submission” button.

3. Select “About Internet Submission” to review the Agreement.

4. Review the Agreement and select “Accept” if you wish to continue.

5. Complete the “Registration for Electronic Form Submission” section. Please note that the password is created by you.

6. Within 3-5 business days, the Division will confirm your password by e-mail. At

that time, you may access the electronic form to input your employment data.

7. When you complete each screen, you must print each screen page in order to copy your submission. The Division will not be able to provide you with a copy after the information has been sent. In addition, you will still be required to send a hard copy to the public agency awarding the contract.

(REVISED 4/10)

19

EXHIBIT A

MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127)

N.J.A.C. 17:27

GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS

During the performance of this contract, the contractor agrees as follows: The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause. The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union of the contractor's commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act. The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with N.J.A.C. l7:27-5.2. The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, and labor unions, that it does not discriminate on the basis of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.

20

EXHIBIT A

The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions. In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions. The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents: Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Division’s website at www.state.nj.us/treasury/contract_compliance) The contractor and its subcontractors shall furnish such reports or other documents to the Division of Public Contracts Equal Employment Opportunity Compliance as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of Public Contracts Equal Employment Opportunity Compliance for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C. 17:27.

21

(REVISED 4/10) EXHIBIT B

MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE

N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127) N.J.A.C. 17:27

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, up-grading, 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

22

EXHIBIT B trade consistent with the targeted employment goal prescribed by N.J.A.C. l7:27-7.2; provided, however, that the Division 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 Division is satisfied that the contractor or subcontractor is employing workers provided by a union which provides evidence, in accordance with standards prescribed by the Division, 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. l7:27-7.2. The contractor or subcontractor agrees that a good faith effort shall include compliance with the following procedures: (A) If the contractor or subcontractor has a referral agreement or arrangement with a union for a construction trade, the contractor or subcontractor shall, within three business days of the contract award, seek assurances from the union that it will cooperate with the contractor or subcontractor as it fulfills its affirmative action obligations under this contract and in accordance with the rules promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et. seq., as supplemented and amended from time to time and the Americans with Disabilities Act. If the contractor or subcontractor is unable to obtain said assurances from the construction trade union at least five business days prior to the commencement of construction work, the contractor or subcontractor agrees to afford equal employment opportunities minority and women workers directly, consistent with this chapter. If the contractor's or subcontractor's prior experience with a construction trade union, regardless of whether the union has provided said assurances, indicates a significant possibility that the trade union will not refer sufficient minority and women workers consistent with affording equal employment opportunities as specified in this chapter, the contractor or subcontractor agrees to be prepared to provide such opportunities to minority and women workers directly, consistent with this chapter, by complying with the hiring or scheduling procedures prescribed under (B) below; and the contractor or subcontractor further agrees to take said action immediately if it determines that the union is not referring minority and women workers consistent with the equal employment opportunity goals set forth in this chapter. (B) If good faith efforts to meet targeted employment goals have not or cannot be met for each construction trade by adhering to the procedures of (A) above, or if the contractor does not have a referral agreement or arrangement with a union for a construction trade, the contractor or subcontractor agrees to take the following actions:

(l) To notify the public agency compliance officer, the Division, and minority and women referral organizations listed by the Division pursuant to N.J.A.C. 17:27-5.3, of its workforce needs, and request referral of minority and women workers; (2) To notify any minority and women workers who have been listed with it as awaiting available vacancies;

23

EXHIBIT B (3) Prior to commencement of work, to request that the local construction trade union refer minority and women workers to fill job openings, provided the contractor or subcontractor has a referral agreement or arrangement with a union for the construction trade; (4) To leave standing requests for additional referral to minority and women workers with the local construction trade union, provided the contractor or subcontractor has a referral agreement or arrangement with a union for the construction trade, the State Training and Employment Service and other approved referral sources in the area;

(5) If it is necessary to lay off some of the workers in a given trade on the construction site layoffs shall be conducted in compliance with the equal employment opportunity and non- discrimination standards set forth in this regulation, as well as with applicable Federal and State court decisions; (6) To adhere to the following procedure when minority and women workers apply or are referred to the contractor or subcontractor: (i) The contactor or subcontractor shall interview the referred minority or women worker.

(ii) If said individuals have never previously received any document or certification signifying a level of qualification lower than that required in order to perform the work of the construction trade, the contractor or subcontractor shall in good faith determine the qualifications of such individuals. The contractor or subcontractor shall hire or schedule those individuals who satisfy appropriate qualification standards in conformity with the equal employment opportunity and non-discrimination principles set forth in this chapter. However, a contractor or subcontractor shall determine that the individual at least possesses the requisite skills, and experience recognized by a union, apprentice program or a referral agency, provided the referral agency is acceptable to the Division. If necessary, the contractor or subcontractor shall hire or schedule minority and women workers who qualify as trainees pursuant to these rules. All of the requirements, however, are limited by the provisions of (C) below. (iii) The name of any interested women or minority individual shall be maintained on a waiting list, and shall be considered for employment as described in (i) above, whenever vacancies occur. At the request of the Division, the contractor or subcontractor shall provide evidence of its good faith efforts to employ women and minorities from the list to fill vacancies. (iv) If, for any reason, said contractor or subcontractor determines that a minority individual or a woman is not qualified or if the individual qualifies as an advanced trainee or apprentice, the contractor or subcontractor shall inform the individual in writing of the reasons for the determination, maintain a copy of the determination in its files, and send a copy to the public agency compliance officer and to the Division.

24

EXHIBIT B (7) To keep a complete and accurate record of all requests made for the referral of workers in any trade covered by the contract, on forms made available by the Division and submitted promptly to the Division upon request.

(C) The contractor or subcontractor agrees that nothing contained in (B) above shall preclude the contractor or subcontractor from complying with the union hiring hall or apprenticeship policies in any applicable collective bargaining agreement or union hiring hall arrangement, and, where required by custom or agreement, it shall send journeymen and trainees to the union for referral, or to the apprenticeship program for admission, pursuant to such agreement or arrangement. However, where the practices of a union or apprenticeship program will result in the exclusion of minorities and women or the failure to refer minorities and women consistent with the targeted county employment goal, the contractor or subcontractor shall consider for employment persons referred pursuant to (B) above without regard to such agreement or arrangement; provided further, however, that the contractor or subcontractor shall not be required to employ women and minority advanced trainees and trainees in numbers which result in the employment of advanced trainees and trainees as a percentage of the total workforce for the construction trade, which percentage significantly exceeds the apprentice to journey worker ratio specified in the applicable collective bargaining agreement, or in the absence of a collective bargaining agreement, exceeds the ratio established by practice in the area for said construction trade. Also, the contractor or subcontractor agrees that, in implementing the procedures of (B) above, it shall, where applicable, employ minority and women workers residing within the geographical jurisdiction of the union. After notification of award, but prior to signing a construction contract, the contractor shall submit to the public agency compliance officer and the Division an initial project workforce report (Form AA 201) electronically provided to the public agency by the Division, through its website, for distribution to and completion by the contractor, in accordance with N.J.A.C. 17:27-7. The contractor also agrees to submit a copy of the Monthly Project Workforce Report once a month thereafter for the duration of this contract to the Division and to the public agency compliance officer. The contractor agrees to cooperate with the public agency in the payment of budgeted funds, as is necessary, for on-the-job and/or off-the-job programs for outreach and training of minorities and women.

(D) The contractor and its subcontractors shall furnish such reports or other documents to the Division of Public Contracts Equal Employment Opportunity Compliance as may be requested by the Division from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of Public Contracts Equal Employment Opportunity Compliance for conducting a compliance investigation pursuant to Subchapter l0 of the Administrative Code (NJAC 17:27).

25

EXHIBIT “C”

The contractor shall comply with all federal regulations pursuant to the Code of Federal Regulations, Title 24 – Housing and Urban Development. In particular, the contractor shall comply with the following: 1. Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3); all contracts and subgrants for construction or repair. 2. Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR Part 5); construction contracts in excess of two Thousand Dollars ($2,000.00) awarded by grantees and subgrantees when required by Federal grant program legislation. 3. Contract work hours and Safety Standards Act (40 U.S.C. 327-330 Sections 103 and 107 as supplemented by Department of Labor regulations (29 CFR Part 5); construction contracts awarded by grantees and subgrantees in excess of Two Thousand Dollars ($2,000.00) and in excess of Two Thousand Five Hundred Dollars ($2,500.00) for other contracts which involve the employment of mechanics or laborers. 4. All applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 185 h), Section 508 of the Clean Air Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations (40 CFR Part 15); contracts, subcontracts and subgrants of amounts in excess of One Hundred Thousand Dollars ($100,000.00).

26

AMERICANS WITH DISABILITIES ACT OF 1990 Equal Opportunity for Individuals with Disability

The CONTRACTOR and the OWNER do hereby agree that the provisions of Title II of the Americans With Disabilities Act of 1990 (the “ACT”) (42 U.S.C. S12101 et seq.), which prohibits discrimination on the basis of disability by public entities in all services, programs, and activities provided or made available by public entities, and the rules and regulations promulgated pursuant thereunto, are made a part of this contract. In providing any aid, benefit, or service on behalf of the OWNER pursuant to this contract, the CONTRACTOR agrees that the performance shall be in strict compliance with the ACT. In the event that the Contractor, its agents, servants, employees or subcontractors violate or are alleged to have violated the ACT during the performance of this contract, the CONTRACTOR shall defend the OWNER in any action or administrative proceeding commenced pursuant to this Act. The Contractor shall indemnify, protect, and save harmless the OWNER, its agents, servants and employees from and against any and all suits, claims, losses, demands, or damages, of whatever kind or nature arising out of or claimed to arise out of the alleged violation. The CONTRACTOR shall, at its owns expense appear, defend, and pay any and all charges for legal services and any and all costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith. In any and all complaints brought pursuant to the OWNER grievance procedure, the CONTRACTOR agrees to abide by any decision of the OWNER which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the OWNER or if the OWNER incurs any expense to cure a violation of the ADA which has been brought pursuant to its grievance procedure, the CONTRACTOR shall satisfy and discharge the same at its own expense. The OWNER shall, as soon as practicable after a claim has been made against it, give written notice thereof to the CONTRACTOR along with full and complete particulars of the claim. If any action or administrative proceedings its 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.

27

IMPORTANT

IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT DORIS DUDEK, DIRECTOR OF PURCHASING

ddudek@cityofpassaicnj.gov (973) 365-5722

FAX (973) 472-0436

28

BIDDING REQUIREMENTS The following is a checklist of items which must be submitted with bid proposal. 1. Certified Check, Cashier’s Check, or duly executed Bid Bond _________ If Applicable (Refer to Legal Advertisement) 2. Consent of Surety (if applicable) _________ 3. Non-Collusion Affidavit _________ 4. Stockholder Disclosure Certification _________ (Corporation Statement) 5. Required Evidence Affirmative Action Regulations _________ 6. Qualification Questionaire _________ 7. List of Sub-Contractors (if applicable) _________ 8. Disclosure of Investment Activities in Iran Certification _________ 9. Business Registration Certificates: Contractor and _________ Sub-Contractors must be registered at time of contract award. (Refer to Instruction to Bidders) 10. Public Works Contractor Registration: Contractor and _________ Sub-Contractors must be registered at the time of bid opening (Refer to Instruction to Bidders) 11. Acknowledgment of Receipt of Addenda _________

29

NON-COLLUSION AFFIDAVIT

State of New Jersey County of___________________ ss: I,_______________________residing in________________________________ (name of affiant) (name of Municipality)

in the County of_________________and State of ________________________of full age, being duly sworn according to law on my oath depose and say that: I am____________________of the firm of______________________________ (title or position) (name of firm)

______________________________the bidder making this Proposal for the bid proposal entitled________________________, and that I executed the said proposal with full (title of bid proposal)

authority to do so that said bidder has not, directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above named project; and that all statements contained in said proposal and in this affidavit are true and correct, and made with full knowledge that the__________________________________________relies upon the (name of contracting unit)

truth of the statements contained in said proposal and in the statements contained in this affidavit in awarding the contract for the said project. I further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by________________________ ___________________________________. Subscribed and sworn to before me this day ________________,20___ ________________________________ (Type or print name of affiant under signature)

______________________ Notary Public of My Commission expires_____________________20___

30

CORPORATION STATEMENT

STATEMENT OF INDIVIDUAL (S) OWNING 10% OR MORE OF STOCK OR INTEREST IN THE BIDDER’S BUSINESS ENTITY

In accordance with N.J.S.A. 52:25-24.2, no corporation, partnership, limited partnership, limited liability corporation, limited liability partnership, Subchapter S corporation or sole proprietorship, shall be awarded a contract, unless prior to the receipt of the bid or accompanying the bid of the corporation, partnership, limited partnership, limited liability corporation, limited liability partnership, subchapter S corporation or sole proprietorship, there is submitted to the City, a statement setting for the names and addresses of all stockholders who own 10% or more of the stock, of any class or of all individual partners who own a 10% or greater interest in the corporation, partnership, limited partnership, limited liability corporation, limited liability partnership, Subchapter S corporation or sole proprietorship. If one or more such stockholder or partner is itself a corporation or partnership, the stockholders holding 10% or more of that corporation’s stock, or the individual partners owning 10% or greater interest in that partnership, as the case may be, shall also be listed. The disclosure shall be continued until names and addresses of every noncorporate stockholder and individual partner, exceeding the 10% ownership criteria established in this act has been listed. This form shall be submitted with the bid whether or not a stockholder or partner owns less than 10% of the business submitting the bid. Date________________________________ LEGAL NAME OF BIDDER:______________________________________________ Check which business entity the bidder is: Corporation ___________ Complete if the bidder is one of the 3 types of Corporations: Limited Liability Corporation ___________ Date Incorporated:________

Subchapter S Corporation ___________ Where Incorporated:______

Partnership ___________

Limited Partnership ___________ NOTE: If no stockholder or partner owns 10% or more of the Limited Liability Partnership ___________ business submitting the bid, please sign and date this form. Sole Proprietorship ___________ ____________________/_________ Signature Date

31

Corporation Statement (Continued)

BUSINESS ADDRESS:

/ Street Address City State Zip

/ Telephone # Fax #

Listed below are the names and addresses of all stockholders or individuals who own ten (10) percent or more of its stock of any classes, or who own ten (10) percent or greater interest therein. Name Address Name Address Name Address Name Address Name Address

THIS STATEMENT MUST BE INCLUDED WITH BID SUBMISSION

________________________ (Affiant) Subscribed and sworn before me

This________day of _______, 20 _________________________ (Print name & title of affiant) My Commission expires: (Corporate Seal)

32

STATE OF NEW JERSEY - DIVISION OF PURCHASE AND PROPERTY DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN

Bidder/Proposer:

PART 1: CERTIFICATION

BIDDERS/PROPOSERS MUST COMPLETE PART 1 BY CHECKING EITHER BOX FAILURE TO CHECK ONE OF THE BOXES WILL RENDER THE PROPOSAL NON-RESPONSIVE

Pursuant to Public Law 2012, c. 25, any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must

complete the certification below to attest, under penalty of perjury, that neither the person or entity, nor any of its parents, subsidiaries, or affiliates, is

identified on the Department of Treasury's Chapter 25 list as a person or entity engaging in investment activities in Iran. The Chapter 25 list is found

on the Division's website at http://www.state.nj.us /treasury/purchase/pdf/chapter25list.pdf. Bidders must review this list prior to completing the below

certification. Failure to complete the certification will render a bidder's proposal non-responsive. If the Director finds a person or entity to be in

violation of law, s/he shall take action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions,

seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party.

PLEASE CHECK THE APPROPRIATE BOX:

I certify, pursuant to Public Law 2012, c. 25, that neither the bidder listed above nor any of the bidder's parents, subsidiaries, or affiliates is listed on the N.J. Department of the Treasury's list of entities determined to be engaged in prohibited activities in Iran pursuant to P.L. 2012, c. 25 ("Chapter 25 List"). I further certify that I am the person listed above and am authorized to make this certification on its behalf. I will skip Part 2 and sign and complete the Certification below.

OR

I am unable to certify as above because the bidder and/or one or more of its parents, subsidiaries, or affiliates is listed on the Department's Chapter 25 list. I will provide a detailed, accurate and precise description of the activities in Part 2 below and sign and complete the Certification below. Failure to provide such will result in the proposal being rendered as non-responsive and appropriate penalties, fines and or sanctions will be assessed as provided by law.

PART 2: PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN

You must provide a detailed, accurate and precise description of the activities of the bidding person/entity, or one of its parents, subsidiaries or affiliates, engaging in the investment activities in Iran outlined above by completing the boxes below.

EACH BOX WILL PROMPT YOU TO PROVIDE INFORMATION RELATIVE TO THE ABOVE QUESTIONS, PLEASE PROVIDE

THOROUGH ANSWERS TO EACH QUESTION. IF YOU NEED TO MAKE ADDITIONAL ENTRIES, CLICK THE "ADD AN ADDITIONAL

ACTIVITIES ENTRY" BUTTON.

Person or Entity

Relationship to

Bidder/Proposer

Description of Activities

Duration of Engagement

Anticipated Cessation

Date of Engagement

Bidder/Proposer Contact Name

Contract Phone

Number

ADD AN ADDITIONAL ACTIVITIES ENTRY

Certification: I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any attachments thereto to the best of my knowledge are true and complete. I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity. I acknowledge that the City of Passaic is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the City to notify the City in writing of any changes to the answers of information contained herein. I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with the City of Passaic and that the City at its option may declare any contract(s) resulting from this certification void and unenforceable.

Full Name (Print): _ Signature: _

Title: _ Date: _

33

CHRIS CHRISTIE Governor

ANDREW P. SIDAMON-ERISTOFF

State Treasurer

KIM GUADAGNO Lt. Governor

DEPARTMENT OF THE TREASURY DIVISION OF PURCHASE AND PROPERTY OFFICE OF

THE DIRECTOR 33 WEST STATE STREET

P.O. Box 039 TRENTON, NEW JERSEY 08625-0039

JIGNASA DESAI-MCCLEARY

Director

Telephone (609) 292-4886

Facsimile (609) 984-2575

The following list represents entities determined, based on credible information available to the public, to be engaged in prohibited activities in Iran pursuant to P.L. 2012, c. 25 ("Chapter 25"):

List Date: July 31, 2014

1. Amona 20. Liquified Natural Gas Limited

2. Bank Saderat PLC 21. Maire Tecnimont SpA

3. Bank Sepah 22. Naftiran lntratrade Company (NICO)

4. Bank Markazi Iran (Central Bank of Iran) 23. National Iranian Tanker Company (NITC)

5. Bank Mellat 24. Oil and Natural Gas Corporation (ONGC)

6. Bank Melli Iran 25. Oil India Limited

7. Bank Tejarat 26. Panyu Chu Kong Steel Pipe Company, Ltd.

8. Belaz 27. Persia International Bank

9. Belneftkhim (Belarusneft) 28. PetroChina Company, Ltd.

10. China International United Petroleum & Chemicals Co., Ltd. (Unipec)

29. Petroleos de Venezuela (PDVSA Petróleo, SA)

11. China National Offshore Oil Corporation (CNOOC) 30. Sameh Afzar Tajak Company (SATCO)

12. China National Petroleum Corporation (CNPC) 31 . Schwing America Inc.

13. China National United Oil Corporation (ChinaOil) 32. Shandong FIN CNC Machine Company, Ltd.

14. China Petroleum & Chemical Corporation (Sinopec) 33. Sinohydro

15. China Precision Machinery Import-Export Corp. (CPMIEC)

34. SK Energy

16. Grimley Smith Associates 35. SKS Ventures

17. Indian Oil Corporation 36. Som Petrol AS

18. lndustrija Nafte (INA) 37. Sonangol

19. Kingdream PLC 38. Zhuhai Zhenrong Company

34

REQUIRED EVIDENCE AFFIRMATIVE ACTION REGULATIONS

P.L. 1975, C. 127 (N.J.A.C. 17:27)

If awarded a contract, all procurement and service contractors will be required to comply with the requirements of P.L. 1975, (N.J.A.C. 17:27). 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:

1. A photocopy of a valid letter from the U.S. Department of Labor that the contractor has an existing federally-approved or sanctioned Affirmative Action Plan (good for one year from date of the letter).

OR 2. A photocopy of approved Certificate of Employee Information Report.

OR 3. An Affirmative Action Employee Information Report (Form AA302)

OR 4. All successful construction contractors must submit within three days of the signing

of the contract an Initial Project Manning Report (AA201) for any contract award that meets or exceeds the Public Agency bidding threshold (available upon request).

NO FIRM MAY BE ISSUED A CONTRACT UNLESS IT COMPLIES WITH THE AFFIRMATIVE ACTION REGULATIONS OF P.L. 1975, C. 127.

The following questions must be answered by all bidders: 1. Do you have a federally-approved or sanctioned Affirmative Action Program?

Yes___________ No___________ If yes, please submit a copy of such approval.

2. Do you have a Certificate of Employee Information Report Approval?

Yes___________ No___________ If yes, please submit a copy of such certificate. The undersigned contractor certifies that he is aware of the commitment to comply with the requirements of P.L. 1975, C127 and agrees to furnish the required documentation pursuant to the law. Company________________________ Signature_____________________ Title:___________________________ Note: A Contractor’s bid must be rejected as non-responsive if a contractor fails to comply with the requirements of P.L. 1975, c. 127, within the time frame.

35

LIST OF SUB-CONTRACTORS 1) If this project is to be awarded as a single prime general construction contract, bidders who propose to use subcontractors for any of the specialized sub-prime contracts, (i.e., electrical, HVAC, plumbing, and structural steel/ornamental iron) must list below each subcontractor to be used to accomplish said specialized sub-prime contract work, setting forth: (1) the Name and Address of the prime subcontractor; (2) the Scope of Work of that prime subcontractor. 2) All potential bidders who intend to use “in-house plumbers” to perform the plumbing work on the contract, are required to comply with N.J.S.A. 45:14C-2 and N.J.A.C. 13:32-1.3. These provisions restrict a licensed master plumber from being utilized as a company employee and applying for a plumbing permit, unless that licensed master plumber holds not less than 10% of the issued corporate stock, or 10% of the partnership capital of a partnership. 3) If the project’s scope of work does involve any of the specialty trade categories below, but will be done “in-house” by the General Contractor or a qualified, licensed employee(s), where required, or by such other employee(s) on the contractor’s payroll, write the word “In-House” and provide the name(s) and license numbers(s) where required, or the name(s) of those employees(s) in each of the appropriate spaces below. Note: If the project’s scope of work does not involve any of the specialty trade categories below, please write the word “NONE” in each appropriate space(s) provided. (PLEASE FILL OUT IN TOTALITY, to avoid automatic rejection of the bid.) I, or We________________________________________________________________ (name of company) in compliance with Section 16 of P.L. 1971 c 198 (C40:A11-16) as amended by P.L. 1997, c 408 adopted January 19, 1998, hereby certify that I/We will employ the following subcontractors for this project:

Subcontractors who will be used on this project in the four (4) specialty trade categories, as applicable to the contract, as noted below:

Category of Work

Name and Address of Subcontractor

Scope of Work

Plumbing and Gas Fitting and all kindred work

Name of Plumber ___________________________ License #__________________ Tax ID #__________________

Category of Work

Name and Address of Subcontractor

Scope of Work

36

Steam Power Plants, Steam and Hot Water Heating & Ventilating Apparatus, and all kindred work

Name of HVAC ____________________ Tax ID # ________________________

Electrical Work

Name of Electrician __________________ License #_____________ Tax ID #___________________

Structural Steel and Ornamental Iron Work

Name __________________________ Tax ID # ___________________________

ALL Other Subcontractors

Name ___________________________ Tax ID # ___________________________

Failure to complete this form will result in a disqualification of the bid. _________________________________________ (Contracting Company Name) by:_______________________________________ print name:________________________________ (SEAL) title:______________________________________

37

CITY OF PASSAIC PASSAIC COUNTY

PREVAILING WAGE AFFIDAVIT (If Applicable)

The successful bidder agrees to comply with the New Jersey Prevailing Wage Act, N.J.S.A. 34:11-56.25 (P.L. 1963, Chapter 150) for contracts entered into with the City of Passaic. The successful bidder and any of its sub contractors shall be obligated to pay the prevailing wage, to submit certified payrolls as documentation of compliance, and to permit on-site monitoring. The bidder’s signature on this proposal is his guarantee that neither he or any subcontractor he might employ to perform the work covered by this bid are listed or are on record in the Office of the Commission of the New Jersey Department of Labor as one who has failed to pay prevailing wages in accordance with the provisions of this act. The successful bidder agrees to indemnify and hold harmless the City of Passaic, the governing body, agents and employees of and from any and all liability for damages and attorney fees associated with a New Jersey Department of Labor investigation and/or determination that the New Jersey Prevailing Wage Act was not complied with. Signed this__________day of__________________. 2_____ as a binding act ___________________________ Name of Company ___________________________ Authorized signature & title ___________________________ Print - Authorized name & title ______________________ Witness

38

CONTRACTOR’S QUALIFICATION STATEMENT

EXPERIENCE, EQUIPMENT AND FINANCIAL QUALIFICATIONS

The signatory of this proposal guarantees the truth and accuracy of all statements and of all answers to interrogatories hereinafter made. 1. How many years have you been in business under your business name?

_____________________________________________________ 2. What projects of similar nature has your organization completed.

Name of Name & Address Type of Amount of Date Owner persons in project Contract Complete ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________

3. Have you, your company, or any organization of which you have been a responsible

officer or agent, ever failed to complete any work awarded to you? If yes, when?

______________________________________________________________ ______________________________________________________________

4. Have you, or your company ever defaulted on a contract?

______________________________________________________________ 5. Has your company ever been adjudged a bankrupt, or been subject to a receivership or an

order of reorganization?

______________________________________________________________ 6. Furnish below the names of banks and other financial references from whom can be

determined the financial ability of the bidder to carry out this contract.

______________________________________________________________ ______________________________________________________________

7. Have you or your company ever not been awarded a contract for reasons other than not being the lowest bidder? If yes, when and why? _________________________________________________________________

39

8. Have any legal action occurred within the last five (5) years involving your company or its employees. If yes, when and why? __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ 8. Itemize construction equipment owned:

_______ ______ ______ ______ ______ Date___________________ Name of Bidder_______________________ Address_____________________________ ___________________________________ Telephone #_________________________

40

CITY OF PASSAIC

ACKNOWLEDGEMENT OF RECEIPT OFADDENDA

The undersigned Bidder hereby acknowledges receipt of the following addenda: Addendum Number Dated _______________ _________________ _______________ _________________ _______________ _________________ Acknowledged for:__________________________ By:_______________________________________ Name:____________________________________ Title:_____________________________________