CITY OF LONG BRANCH MONMOUTH COUNTY, NEW JERSEY

SEALED BID FOR

PURCHASE AND INSTALLATION OF ONE (1) NEW FIVE (5) TON HEATING VENTILATION AND AIR CONDITIONING (HVAC) UNIT

AND ALL RELATED MATERIALS (RE-BID) AT

Manahassett Creek Park 600 Long Branch Avenue Long Branch, NJ 07740

MAYOR ADAM SCHNEIDER

HOWARD H. WOOLLEY, JR., BUSINESS ADMINISTRATOR CITY COUNCIL

KATHLEEN BILLINGS JOY BASTELLI

DR. MARY JANE CELLI MICHAEL SIRIANNI

JOHN PALLONE

SEALED BID DUE DATE: OCTOBER 16, 2012 @11AM

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GENERAL INSTRUCTIONS TO BIDDERS

A. BIDS. The City of Long Branch, Monmouth County, New Jersey (hereinafter referred to as “OWNER”) invites sealed bids pursuant to the Notice to Bidders.

B. SUBMITTAL OF BIDS. The bid Proposal Form and other required bid documents shall be submitted, in a sealed envelope: (1) addressed to the OWNER as follows: City Clerk’s Office, 344 Broadway, Long Branch, NJ 07740 (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: “5 Ton HVAC Unit Purchase and Installation E-Bid ". It is the bidder’s responsibility to see that bids are presented to the OWNER on the hour and at the place designated. Bids may be hand delivered or mailed; however, the OWNER disclaims any responsibility for bids forwarded by regular or overnight mail. If the bid is sent by overnight mail, the designation in this section must also appear on the outside of the delivery company envelope. Bids received after the designated time and date will be returned unopened.

C. INTERPRETATIONS OR ADDENDA. The bidder understands and agrees that its bid is submitted on the basis of the specifications prepared by the OWNER. The bidder accepts the obligation to become familiar with these specifications. Bidders are expected to examine the specifications and related 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 OWNER of such ambiguities, errors or omissions, the bidder shall be bound by the bid.

No oral interpretation of the meaning of the specifications will be made to any bidder. Every request for an interpretation shall be in writing, addressed to the OWNER’S representative stipulated in the bid. Written requests for interpretation must be received at least seven (7) days prior to the date fixed for the opening of the bids, Saturdays, Sundays, and holidays excepted; and for construction work bids, written requests for interpretation must be received at least nine (9) days, Saturdays, Sundays and holidays excepted 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:ll—23. All addenda so issued shall become part of the contract documents, and shall be acknowledged by the bidder in the bid. The OWNER’S interpretations or corrections thereof shall be final.

D. FAMILIARITY WITH SITE CONDITIONS. Each bidder must fully acquaint himself/herself with the existing conditions relating to the construction and labor, and should fully inform himself/herself as to the facilities involved, the difficulties and restrictions attending the performance of the Contract. The bidder should thoroughly examine and familiarize himself/herself with the drawing, technical specifications, special

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conditions, addenda (if any) and all other contract documents. The contractor by execution of the contract shall in no way be relieved of any obligation under it due to himself/herself failure to receive or examine any form of legal instrument or failure to visit the site and acquaint himself/herself with the conditions there existing and the City will be justified in rejecting any claim based on the facts regarding which he/she should have been on notice as a result thereof.

E. ALTERNATE BIDS. No Alternate bids will be considered except those alternative bids specifically requested by the technical specifications, and Bid Forms.

F. NON-COLLUSION AFFIDAVIT. Each bidder submitting a bid to the City for the work contemplated by the documents on which bidding is based shall examine and attach thereto, an affidavit on the form herein provided, to the effect that he/she has not entered into a collusive agreement with any other person, firm, or corporation in regard to any bid submitted.

Before executing any subcontract the successful bidders shall submit the name of any proposed subcontractors for prior approval by the City.

G. CHAPTER 33 PUBLIC LAW OF 1977/STOCKHOLDER DISCLOSURE. Chapter 33 of the Public Laws of 1977 provides that no corporation or partnership shall be awarded any state, county, municipal or school district contract for the performance of any work or the furnishing of any material or supplies, unless prior to receipt of the bid or accompanying the bid of said corporation or partnership there is submitted a statement which shall set forth the names and addresses of all stockholders in the corporation or partnership who own ten percent (10%) or greater interest therein. Each bidder submitting a bid for this project shall complete and attach thereto the Stockholder Disclosure Certification herein provided.

H. AFFIRMATIVE ACTION REQUIREMENTS. Contractors shall comply with N.J.S.A. 10:5-31 et. seq. (N.J.A.C. 17:27), Mandatory Affirmative Action Language, Construction Contracts, Exhibit B a copy of which is attached. Bidders shall complete, sign and return this with the bid.

Each bidder shall complete and sign the Affirmative Action Compliance Notice, and return affirmative action Form AA-201 Initial Project Manning Report-Construction before the contract is awarded. The successful bidder shall also submit Form AA-202 Monthly Project Workforce Reports.

The City has passed Affirmative Action Ordinance dated September 8, 1981, the provisions of which will be referenced in any contract resulting from this solicitation.

I. BUSINESS REGISTRATION OF PUBLIC CONTRACTORS Pursuant to P.L. 2004, c 57 (Chapter 57) NJSA 52:32-44, all prospective bidders (as well as any subcontractors) must provide proof of State of New Jersey business registration. Proof of business registration shall be a copy of a Business Registration Certificate issued by the New Jersey Department of the Treasury, Division of Revenue.

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The contractor shall provide written notice to its subcontractors and suppliers of the responsibility to submit proof of business registration to the contractor. The requirement of proof of business registration extends down through all levels (tiers) of the project.

Before final payment on the contract is made by the contracting agency, the contractor shall submit an accurate list and the proof of business registration of each subcontractor of supplier used in the fulfillment of the contract, or shall attest that no subcontractors were used.

For the term of the contract, the contractor and each of its affiliates and a subcontractor and each of its affiliates [N.J.S.A. 52:32-44(g) (3)] shall collect and remit to the Director, New Jersey Division of Taxation, the use tax due pursuant to the Sales and Use Tax Act on all sales of tangible personal property delivered into this State, regardless of whether the tangible personal property is intended for a contract with a contracting agency.

A business organization that fails to provide a copy of a business registration as required pursuant to section 1 of P.L. 2001, c.134 (c.52:32-44 et al.) of subsection e. or f. of section 92 of P.L. 1977, c.110 (c.5:12-92), or that provides false business registration information under the requirements of either of those sections, shall be liable for a penalty of $25 for each day of violation, not to exceed $50,000 for each business registration copy not properly provided under a contract with a contracting agency.

J. EMPLOYMENT OF VETERANS. The contractor agrees to provide certification that special consideration consonant with existing applicable collective bargaining agreements and practices, shall be given to the employment on the project of qualified Vietnam-Era Veterans, as defined in 38 USC 2011(2)(A).

K. PREVAILING WAGES. 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 OWNER within ten (10) days of the payment of the wages. The contractor is also responsible for obtaining and submitting all subcontractors’ certified payroll records within the aforementioned time period. The contractor shall submit said certified payrolls in the form set forth in N.J.A.C. 12:60—6.1(C). It 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.

Public Contracts Section Office of Wage and Hour Compliance N.J. Department of Labor CN389 Trenton, N.J. 08625-0389

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L. EQUAL EMPLOYMENT OPPORTUNITY. Attention of Bidders is particularly called to the requirement for ensuring that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin.

M. LUMP SUM AND UNIT PRICES. The lump sum price for each of the items in the proposal of each bidder shall include its pro-rata share of overhead so that the sum of the lump sums bid for each item represents the total bid. Any bid not conforming to this requirement may be rejected.

N. Estimated Quantities (Open—End Contracts). The OWNER has attempted to identify the item(s) and the estimated amounts of each item bid to cover its requirements however, past experience shows that the amount ordered may be different than that submitted for bidding. The right is reserved to decrease or increase the quantities specified in the specifications pursuant to N.J.A.C. 5:34-4.9. NO MINIMUM PURCHASE IS IMPLIED OR GUARANTEED.

O. PERMITS. 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.

P. CORRECTIONS. Erasures or other changes in the bids must be explained or noted over the signature of the bidder.

Q. TIME FOR RECEIVING BIDS. Bids received prior to the advertised hour of opening will be securely kept and sealed. The officer whose duty is to open them will decide when the specified time has arrived, and no bid received thereafter will be considered. Bidders are cautioned that, while telegraphic modifications of bids may be received as provided above, such modifications, if not explicit and if any sense subject to misinterpretation shall make the bid so modified or amended, subject to rejection.

R. OPENING OF BIDS. At the time and place fixed for the opening of bids, the City will cause to be opened and publicly read aloud every bid received within the time set for receiving bids, irrespective of any irregularities.

S. WITHDRAWAL OF BIDS. Bids may be withdrawn on written or telegraphic request dispatched by the bidder in time for delivery in the normal course of business to the time fixed for opening; provided, that written confirmation of any telegraphic withdrawn over the signature of the bidder is received by the City before the time set for the bid opening, The bid guaranty of any bidder withdrawing his/her bid in accordance with the foregoing conditions will be returned promptly, therein.

T. AWARD OF CONTRACT; REJECTION OF BIDS. The contract will be awarded to the lowest responsible bidder. The bidder to whom the award is made will be notified at the earliest possible date. The City, however. reserves the right to reject any and all bids and to waive any informality in bids received whenever such rejection or waiver is in the city's interest. Award of the contract may be subject to review and approval by such County, State or Federal departments having jurisdiction over the project.

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U. NOTICE OF AWARD; NOTICE TO PROCEED. The successful bidder, when selected, will be notified by telephone, e-mail, or letter, and within ten (10) calendar days after notice of award of the contract, shall execute the contract and furnish and deliver to the City Purchasing Agent performance and payment bonds and acceptable certificates of insurance as required by the contract. Both copies of the bid form will be dated, signed on behalf of the City and one fully executed copy will be returned to the successful bidder.

V. SUBCONTRACTORS. If the bidder intends to use subcontractors, the bidder shall indicate the subcontractor's name, address, municipality, state, ZIP and telephone number and building trade for each subcontractor. The contractor shall not execute an agreement with any subcontractor or permit any subcontractor to perform any work included in this contract until he/she has submitted a non-collusion affidavit for the subcontractor on the form provided herein and has received written approval of such subcontractor from the City. The contractor shall be fully responsible to the City for the acts and omissions of his/her subcontractors, and of persons either directly or indirectly employed by the entity. Nothing contained in the contract shall create any contractual relation between any subcontractor and the City.

W. WARRANTY AND RELEASE OF LIENS. Upon satisfactory completion of the project the contractor is to complete "Warranty Work Completed" and "Release of Liens" forms.

X. BID DOCUMENT CHECKLIST. Pursuant to NJSA 40A: ll-23.l, the bid document checklist must be completed and submitted with your bid.

END OF GENERAL INSTRUCTIONS SECTION

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BID PRICE FORMS

Purchase and Installation one (1) Five (5) Ton HVAC Unit (Re-Bid) BID SUMMARY After having examined the specifications to become familiar with all of the conditions associated with the proposed work including the availability of labor and materials, the Contractor proposes to furnish all labor, materials, and supplies and to implement the project in accordance with the drawings and specifications at the unit prices specified in the Price Form and the total price stated below, which is to be considered full payment for all expenses incurred in performing the work required.

TOTAL PRICE

The total amount of proposal (from Price Form) is:

Dollars $

(Amount in Words) (Amount in Numbers)

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CONTRACT TERMS AND CONDITIONS

The terms and conditions required by the Owner for this project will be provided to the Contractor when project

is awarded.

Address at which the Contractor can be contacted:

Telephone number at this address or number at which Contractor can be contacted:

Email address at which Contractor can be contacted:

Respectfully submitted:

Print Name Title

Signature Date

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SPECIFICATIONS FORM EXCEPTIONS

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City of Long Branch BID DOCUMENT CHECKLIST*

Required

by owner Submission Requirement

Initial each required entry and if required submit the item

Stockholder Disclosure Certification

Non-Collusion Affidavit

Bid Proposal Form

References, provided by bidder

Status of Present Contracts, provided by bidder

Receipt Of Addendum

Equipment Certification

Bid Guarantee (with Power of Attorney for full amount of Bid Bond)

Public Works Contractor Certificate

Consent of Surety (with Power of Attorney for full amount of Bid Price)

Mandatory Affirmative Action Language

Prevailing Wage

Americans with Disabilities Act of 1990 Language

Proof of Business Registration

Pay To Play Disclosure

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City of Long Branch

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 entitled ______________________________, and that I executed the said proposal with (title of bid proposal) full 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 truth of the statements contained in said Proposal (name of contracting unit) 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 _____________________________ Signature ________________ , 2__________ ___________________________________ (Type or print name of affiant under signature) _____________________________ Notary public of My Commission expires _______________ (Seal)

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STOCKHOLDER DISCLOSURE CERTIFICATION

_______ I certify that the list below Contains the names and

home addresses of all stockholders holding 10% or more

of the issued and outstanding stock of the undersigned.

OR

I certify that no one stockholder owns 10% or more of

the issued and outstanding stock of the undersigned.

Indicate the type of business organization:

Partnership _ Corporation _ Sole Proprietorship

_____Limited Partnership Limited Liability Corporation Subchapter S Corporation

Stockholders

Name: Name:

Home Address: Home Address:

Name: Name:

Home Address: Home Address:

THIS STATEMENT MUST BE INCLUDED WITH BID SUBMISSION

Subscribed and sworn before me

this day of ,2012 (Affiant)

(Notary Public)___________

(Print Name & Title

Affiant)

My Commission expires: (Corporate Seal)

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AMERICANS WITH DISABILITIES ACT OF 1990 - Compliance Agreement

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. 512101 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 own expense, appear, defend, and pay any and all charges for legal services 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 a 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 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 is brought against the OWNER or any of its agents, servants, and employees, the OWNER shall expeditiously forward or have forwarded to the CONTRACTOR every demand, complaint, notice, summons, pleading, or other process received by the OWNER or its representatives.

It is expressly agreed and understood that any approval by the OWNER of the services provided by the CONTRACTOR pursuant to this contract will not relieve the CONTRACTOR of the obligation to comply with the Act and to defend, indemnify, protect, and save harmless the OWNER pursuant to this paragraph.

It is further agreed 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.

AMERICANS WITH DISABILITIES ACT

COMPANY NAME

DATE:

SIGNATURE

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ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA

The undersigned Bidder hereby acknowledges receipt of the following Addenda:

Addendum Number Dated

Acknowledged for:

(Name of Bidder)

By:

(Signature of Authorized Representative)

Name:

Title:

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CONSENT OF SURETY

A performance bond will be required from the successful bidder on this project, and consequently, all bidders shall submit, with their bid, a certificate in substantially the following form:

TO: ___________________________________________________________

(OWNER)

Re: ___________________________________________________________

(CONTRACTOR)

___________________________________________________________ (PROJECT DESCRIPTION) This is to certify that the

(SURETY COMPANY)

will provide to a performance

(CONTRACTOR)

bond in the full amount of awarded contract in the event that

said contractor is awarded a contract for the above project.

(Authorized Agent of Surety Company)

CERTIFICATE OF SURETY MUST BE SIGNED BY AN AUTHORIZED AGENT

OR REPRESENTATIVE OF A SURETY COMPANY AND NOT BY THE INDIVIDUAL

OR COMPANY SUBMITTING THE BID.

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AFFIRMATIVE ACTION COMPLIANCE NOTICE 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, C.l27, (N.J.A.C. 17:27). Within seven (7) days after receipt of the notification of intent to award the contract or receipt of the contract, whichever is sooner, the contractor should present one of the following to the Purchasing Agent:

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 the date of the letter).

OR 2. A photocopy of approved Certificate of Employee Information Report, issued in

accordance with N.J.A.C 17:27-4.

OR 3. An Affirmative Action Employee Information Report (Form AA302, issued in

accordance with N.J.A.C 17:27-4.) NO FIRM MAY BE ISSUED A CONTRACT UNLESS IT COMPLIES WITH THE AFFIRMATIVE ACTION REGULATIONS OF P.L.1975, C.127.

The undersigned contractor certifies that he is aware of the commitment to comply with the requirements of P.L.1975, c.127 and N.J.A.C 17:27 and agrees to furnish the required documentation pursuant to the law.

COMPANY:_____________________ SIGNATURE: __________ _______

PRINT NAME:_____________________ TITLE: __________ _______

Note: A contractor’s bid must be rejected as non-responsive if a contractor fails to comply with requirements of P.L. 1975, c.127, within the time frame.

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MANDATORY AFFIRMATIVE ACTION LANGUAGE CONSTRUCTION CONTRACTS

N.J.S.A. 10:5-31 et seq., N.J.A.C. 17:27

EXHIBIT B

During the performance of this contract, the contractor agrees as follows:

a. The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment without regard to their age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other form 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 non-discrimination clause.

b. The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation.

c. The contractor or subcontractor, where applicable, will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers representative of the contractor’s commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

d. 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.

e. When hiring or scheduling workers in each construction trade, the contractor or subcontractor agrees to attempt in good faith to employ minority and female workers in each construction trade consistent with the applicable employment goal prescribed be section N.J.A.C. 17:27-7.3 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 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 female workers is equal to or greater than the applicable employment goal prescribed by section N.J.A.C. 17:27-7.3 of the Regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time.

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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 (3) 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 Regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et. Seq., as it is supplemented and amended from time to time. If the contractor or subcontractor, is unable to obtain said assurances from the construction trade union at least five (5) days prior to the commencement of construction work, the contractor or subcontractor agrees directly to attempt to hire minority and female workers consistent with the applicable employment goal. 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 sufficiently minority and female workers consistent with the applicable employment goal, the contractor or subcontractor agrees to be prepared directly to hire minority and female workers consistent with the applicable employment goal by complying with the following hiring procedures prescribed under (B) below; and the contractor or subcontractor further agrees immediately to take said action if it determines or is so notified by the Division that the union is not referring minority and female workers consistent with the applicable employment goal.

(B) If the hiring of a workforce consistent with the employment goal has not or cannot be achieved for each construction trade, by adhering to the procedures of the preceding provisions (A) above, or if the contractor or subcontractor 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 consistent with the applicable county employment goal:

(1) 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 manpower needs, and request the referral of minority workers and female workers;

(2) To notify any minority and female workers who have been listed with it as awaiting available vacancies;

(3) Prior to commencement of work, to request the local construction trade union, if the contractor or subcontractor has a referral agreement or arrangement with a union or the construction trade to refer minority and female workers to fill job openings;

(4) To leave standing requests for additional referral of minority and female workers with the local construction trade union if the contractor or subcontractor has a referral agreement or arrangement with a union for the construction trade, the State Training and Employment Service and the other approved referral sources until such time as the workforce is consistent with the employment goal;

(5) If it is necessary to lay off some of the workers in a given trade on the construction site, to assure, consistent with the applicable State and Federal statutes and court decisions, that sufficient minority and female employees remain on the site consistent with the employment goal; and to employ any minority and female workers so laid off by the contractor on any other construction site in the area on which its workforce

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composition is not consistent with an employment goal established pursuant to rules implementing N.J.S.A. 10:5-31 et.seq.;

(6) To adhere to the following procedure when minority and female workers apply or are referred to the contractors or subcontractor:

a. If said individuals have never previously received any document or certification signifying a level or qualifications of such individuals and if the contractor’s or subcontractor’s workforce in each construction trade is not consistent with the applicable employment goal, it shall employ such persons which satisfy appropriate qualification standards; provided, however, that a contractor or subcontractor shall determine that the individual at least possesses the skills and experience recognized by any worker’s skills and experience classification determination which may have been made by a Public Agency compliance officer, union, apprentice program or a referral agency, provided the referral agency is acceptable to the Affirmative Action Office and provided further, that if necessary, the contractor or subcontractor shall hire minority and female workers who qualify as trainees pursuant to these Regulations. All of the requirements of this paragraph, however, are limited by the provisions of paragraph (C) below.

b. If the contractor’s or subcontractor’s workforce is consistent with the applicable employment goal, the name of said female or minority group individual shall be maintained on a waiting list for the first consideration in the event the contractor’s or subcontractor’s workforce is no longer consistent with the applicable employment goal.

c. If for any reason said contractor or subcontractor determines that a minority individual or female qualifies, is not qualified, or if the individual qualifies as an advanced trainee or apprentice, said contractor or subcontractor shall inform the individual in writing with the reasons for the determination, maintain a copy in its files, and send a copy to the Public Agency compliance Officer and the Division.

d. To keep a complete and accurate record of all requests made for the referral of workers in any trade covered by the contract and on forms made available by the Division and shall be submitted promptly to that Division upon request.

(C) The contractor or subcontractor agrees that nothing contained in the preceding provision (B) shall preclude the contractor or subcontractor from complying with the hiring hall or apprenticeship provisions of any applicable collective bargaining agreement or hiring hall agreement, and, where required by custom or agreement, it shall send journey workers and trainees to the union for referral, or to the apprenticeship program for admission, pursuant to such agreement or arrangement; provided, however, that where the practices of a union or apprenticeship program will result in the exclusion of minority and females or the failure to refer minorities or females consistent with the county employment goal, the contractor or subcontractor shall consider for employment persons referred pursuant to said provisions (B) without regard to such agreement or arrangement; provided further, however, that the contractor or subcontractor shall not be required to employ female and minority advanced trainees and

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trainees in numbers which result in the employment of advanced 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 the preceding provision (B), it shall, where applicable, employ minority and female 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) provided to the public agency by the Division 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 Contract Compliance & EEO 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 contract compliance & EEO for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code (N.J.A.C. 17:27)

DATE:

SIGNATURE

COMPANY NAME

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BIDDER REFERENCES FORM

GENERAL BUSINESS REFERENCES: (From Trade)

REFERENCE NO. 1

Name, Address and Tel. No._______________________________________________

_____________________________________________________________________

Nature of Business___________________________________________________

REFERENCE NO. 2

Name, Address and Tel. No._______________________________________________

_____________________________________________________________________

Nature of Business___________________________________________________

REFERENCE NO. 3

Name, Address and Tel. No._______________________________________________

_____________________________________________________________________

Nature of Business___________________________________________________

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CONTRACTS ON HAND

Project Description Contract Amount Expected Date of

Completion

A. List all major works under execution at the present time and the expected duration of the Contract:

A1. ____________________________________ $ _____________ ______________

A2. ____________________________________ $ _____________ ______________

A3. ____________________________________ $ _____________ ______________

A4. ____________________________________ $ _____________ ______________

A5. ____________________________________ $ _____________ ______________

B. List all projects that have not commenced but the Intent has been submitted:

B1. ____________________________________ $ _____________ ______________

B2. ____________________________________ $ _____________ ______________

B3. ____________________________________ $ _____________ ______________

B4. ____________________________________ $ _____________ ______________

B5. ____________________________________ $ _____________ ______________

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BID SECURITY

The following provisions if indicated by an (X), shall be applicable to this bid and be made a part of the bidding documents:

A. BID GUARANTEE Bidder shall submit with the bid a certified check, cashier’s check or bid bond in the amount of ten percent (10%) of the total price bid, but not in excess of $20,000, payable unconditionally to the OWNER. When submitting a Bid Bond, it shall contain Power of Attorney for full amount of Bid Bond from a surety company authorized to do business in the State of New Jersey and acceptable to the OWNER. The check or bond of the unsuccessful bidder(s) shall be returned 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:ll—21. Failure to submit this shall be cause for rejection of the bid. B. CONSENT OF SURETY Bidder shall submit with the bid a Certificate (Consent of Surety) with Power of Attorney for full amount of bid price from a Surety Company authorized to do business in the State of New Jersey and acceptable to the OWNER stating that it will provide said bidder with a Performance Bond in the full amount of the bid. This certificate shall be obtained in order to confirm that the bidder to whom the contract is awarded will furnish Performance and Payment Bonds from an acceptable surety company on behalf of said bidder, any or all subcontractors or by each respective subcontractor or by any combination thereof which results in performance security equal to the total amount of the contract, pursuant to N.J.S.A. 40A:ll-22. . C. PERFORMANCE BOND Successful bidder shall, simultaneously with the delivery of the executed contract, submit an executed bond in the amount of one hundred percent (100%) of the acceptable bid as security for the faithful performance of this contract. Failure to deliver this with the executed contract shall be cause for declaring the contract null and void. D. LABOR AND MATERIAL (PAYMENT) BOND Successful bidder shall, with the delivery of the performance bond, submit an executed payment bond to guarantee payment to laborers and suppliers for the labor and material used in the work performed under the contract. Failure to deliver this with the performance bond shall be cause for declaring the contract null and void.

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E. MAINTENANCE BOND Successful bidder shall upon acceptance of the work submit a maintenance bond in the amount of 100% guaranteeing against defective quality of work or materials for the period of: 1 year 2 years The performance bond provided shall not be released until final acceptance of the whole work and then only if any liens or claims have been satisfied and any maintenance bonds required have been executed and approved by the OWNER. The 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.

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INSURANCE AND INDEMNIFICATION

A. Insurance Requirements 1. Worker’s Compensation and Employer’s Liability Insurance This insurance shall be maintained in force during the life of this contract by the bidder covering all employees engaged in performance of this contract in accordance with the applicable statute. Minimum Employer’s Liability $500,000. 2. General Liability Insurance This insurance shall have limits of not less than $1,000,000 combined single limit and $3,000,000 aggregate, and shall be maintained in force during the life of this contract by the bidder.

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PROJECT SCOPE

Purchase and Installation and all Related Materials City of Long Branch Division of Public Works

One (1) York Five (5) Ton, H.V.A.C Unit or Equal (Re-Bid) SPECIFICATIONS

1.0 INTENT: It is the intent of this specification to describe the purchase and installation of one (1) York five (5) ton Heating Ventilation and Air Conditioning (HVAC) unit or equal and all related materials including utilization of new duct work which shall hereafter be known as the “unit”. 2. GENERAL: 2.1: Bidders shall be responsible to carefully examine the specifications attached as well as the conditions under which the unit will be purchased. Failure to offer a complete bid on all sections of this invitation shall be deemed just cause for rejection of bid as not meeting specifications. 2.2: The unit shall be a York Five (5) ton HVAC TM9X or equal. 2.3: The unit shall be the manufacturers latest modes and design and in production prior to submission of the bid. Parts and service facilities shall be available in the State of New Jersey. The unit shall be fully equipped to meet all N.J. State, Federal air quality requirements. 2.4: All items appearing as standard in the manufacturers latest published specifications are considered to be included in the bidder’s proposal. Any parts, controls, materials, or attachments which are necessary to form an efficient and complete working unit, as judged by the City of Long Branch, shall be furnished whether specifically mentioned herein or not. 2.5: The successful bidder shall provide complete instructions on the care and maintenance of the unit as well as a demonstration on the operation of the unit at the time of delivery and acceptance by the City of Long Branch. 2.5A: Pursuant to P,L, 1977, c33, each bidder shall include a statement that sets forth the names and addresses of all the stockholders in the corporation or partnership who own 10% or more of its stock of any class. 2.6: All prices quoted to be exclusive of Federal Excise and New Jersey State Sales Tax.

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2.7: The Non-Collusion Affidavit form which is part of this bid document must be completed and submitted with your proposal. 2.8: A certified cashier’s check, bank draft or bid bond payable to the order of the City of Long Branch, in an amount equal to ten percent (10%) of the Base Bid, shall be submitted with the bid. 2.9: The successful bidder will coordinate with the manufacturer of delivery date. 2.10: The successful bidder shall comply with the rules and regulations concerning affirmative action as promulgated by the Treasurer of the State of N.J. 2.11: The successful bidder will be responsible to be compliant with all New Jersey Uniform Construction Codes (NJUCC). 2.12: Performance bond 100%. 3. DELIVERY: 3.1: Time of delivery shall be a consideration for awarding this contract. The successful bidder shall deliver the proposed Unit ready for use, Manahassett Creek Park 344 Broadway, Long Branch, N. J. The bidder furnishing such initial materials as a complete grease job, crankcase lubricants, fuel, etc., to insure proper initial operation. 3.2: A certificate of title (not a certificate of origin) issued to City of Long Branch shall be delivered with the unit if applicable. 4. WARRANTY: 4.1: The unit as bid and specified shall be guaranteed for parts and labor for a period of one (1) year from the date of delivery or manufacturer warranty whichever is superior. A complete description of the warranty for the unit shall be included with the bid. The equipment furnished shall be free of defects of material and workmanship and any such defects that may develop in normal use and service shall be replaced or repaired without cost to the City of Long Branch by the successful bidder within the new equipment period. Requests for extended factory warranties and costs associated with these may be listed in the bid specification package. 5. BIDS:

Y. 5.1: All bids must be submitted on the attached BID PROPOSAL FORM

furnished by the City of Long Branch. Bids must be placed in a sealed envelope, plainly marked Manahassett Creek Park on the outside of the envelope. All bids must be received by the City Clerk’s Office 515 344 Broadway, Long Branch New Jersey, 07740.

5.2: Trade: There is no trade with this bid. 6. MINIMUM TECHNICAL SPECIFICATIONS:

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6.1: The following features shall be provided in addition to the normal features provided by custom in the trade. The unit shall comply with the following minimum specification and requirements.

6.2: It is the intent of this of specification to provide for the purchase of one (1) new York five (5) ton or equal, these units are Category IV listed and may be vented either through side wall or roof applications using approved plastic combustion air and vent piping. The following specification is based upon a new York five (5) ton TM9X or equal, premium efficiency cooling high gas heating capacity Unit. The City’s Public Works Department has evaluated many different types of HVAC’s and has determined that this type 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 safety, quality and performance against which all bid units 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. The City of Long Branch reserves the right to reject any and all bids or any part thereof, and to waive any minor technicalities. A contract will be awarded to the bidder submitting the responsible bid meeting the requirements of this specification.

The unit shall be a new YORK five (5) ton TM9X HVAC or equal, premium efficiency cooling high gas heating capacity. The unit shall be capable of providing efficient and safe service during operation. Bids will be accepted for consideration on any make and model that is equal or superior to the unit specified. Decision of equivalency will be at the sole interpretation of the City of Long Branch Public Works. A blanket statement that the equipment proposed will meet all requirements will not be sufficient to establish equivalence. Original manufacturer brochures of the proposed unit are to be submitted with the bid proposal. All modifications made to the standard production unit described in the manufacturers brochures must be certified by the manufacturer and submitted with the bid, or the bid will be deemed “non-responsive” and be rejected without further review. Bidder must be prepared to demonstrate a unit similar to the one proposed, if requested.

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

6.4: The specification herein states the minimum requirements of the City. Unauthorized conditions, limitations, or provisions shall be cause for rejection. The City of Long Branch 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

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sufficient technical literature it enable the City to make a reasonable determination of compliance to the specifications. It shall be the bidder’s responsibility to carefully examine each item of the specification. Failure to offer a completed bid or failure to explain each exception to the technical specification will cause the proposal to be rejected without further review as “non-responsive”. All variance exceptions and or deviations are to be fully described in writing on an exception page that is to be submitted at the time of the bid. Deceit in responding to the specification will be cause for rejection. 6.5: Single Stage Gas-Fired Residential Multi-position Gas Furnace 6.6: Installation in up flow or horizontal applications and may be converted for down flow applications 6.7: Ideal height 33” tall cabinet 6.8: blower-off delay for cooling SEER improvement 6.9: High Level diagnostics with fault code displays standard on integrated control module for reliable operation 7.0: Low unit amp requirement for easy replacement application 7.1: Electronic Hot Surface ignition saves fuel cost with increased dependability and reliability 7.2:100% shut off main gas valve for extra safety 7.3: 5 speed direct drive high efficiency DC motor 7.4:24V,40 VA control transformer and blower relay for add on cooling 7.5: Hi-tech tubular aluminized steel primary heat exchanger 7.6secondary heat exchanger made of corrosion resistant stainless steel materials 7.7: Timed on, adjustable off blower capability for maximum comfort 7.8: Blower door safety switch 7.9: Airflow leakage less than 1% of nominal airflow at duct-blasters conditions 8.0: No knockouts to deal with, making installation easier 8.1: Movable duct connector flanges for application flexibility

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8.2: Quiet inducer operation 8.3: Fully supported blower assembly for easy access and removal of blower 8.4: External air filters used for maximum flexibility in meeting customer IAQ needs 8.5: Protection included from air intake, exhaust vent, or condensate blockage 8.6: Venting applications-may be installed as a either 2-pipe (sealed combustion) or single-pipe vent (using indoor combustion air) 8.7: No special vent termination required 8.8: High –efficiency blower motor for lower electrical power usage and improved A/C SEER ratings 8.9: insulated blower compartment for terminal and acoustic performance 9.0: Insulation and adhesive shall meet NFPA 90A requirements for flame spread and smoke generation 9.1: Thermostat capability to energize 2 different stages of cooling and 2 different stages of heating, including capability for occupancy scheduling 9.2: ALL ELECTRICAL PERMITS ARE REQUIRED