Township Council Meeting — Packet

uired. 11. Insert prices for furnishing all of the material and/or labor described or required. Prices shall be net, including any charges for packing, crating, containers, etc. and all transportation charges fully prepaid by the contractor. F.O.B. destination and placement at locations specified by the Township of West Orange. No additional charges will be allowed for any transportation costs resulting from partial shipments made at the vendor’s convenience when a single shipment is ordered. 3

12. Payments will be made upon the approval of vouchers with the requirements of the Township of West Orange and subject to the Township of West Oranges customary procedures. 13. Contract will be awarded on a (Line Item) or (Lump Sum) basis, if applicable. 14. Award will be made by Township of West Orange within sixty (60) days after receipt of bids. 15. Prevailing Wage & Labor Laws. The New Jersey prevailing Wage Act (P.L. 1963, Chapter 150) and provisions of the State Labor Laws shall be complied with by the successful bidder in construction contracts. 16. Equal or Tie Bids. The Township of West Orange reserves the right to award at their discretion to any one of the tie bidders. (Should state method for tie bidding, i.e., drawing lots) 17. Return of Bid Security. All bid security of the three lowest responsible bidders shall be returned with 10 days. Within 3 days after signing of the contract and approval of contractor’s performance bond, the bid security remaining bidders shall be returned to them, if applicable. 18. The Township of West Orange is exempt from any State sales tax or Federal excise tax. 19. For purpose of evaluation where an equivalent product is being furnished, bidder must indicate any variation to our specifications no matter how slight. If no variations are indicated, it will be construed that the bid fully complies with our specifications. 20. Quantities as shown are approximate and the Township of West Orange reserves the right to increase or decrease quantities by 20% at the unit price bid. 21. The contract, if applicable, shall be in effect for one (1) year from date of award unless otherwise stated. Continuation of the terms of this contract beyond one year is contingent on availability of funds in the following year’s Budget and in the event of unavailability of such funds; the Township of West Orange reserves the right to cancel this contract. 22. Bids may be hand delivered or mailed per legal notice to bidders. In case of mailed bids, the Township of West Orange assumes no responsibility for bids after the designated date and time and will return late bids to the bidder unopened. 23. Mandatory: Bidder shall be registered for their Business Registration Certificate. In addition, Contractors providing services for regarding construction or repair of a public building must provide copy of Public Works Contractor Registration

their Business Registration Certificate. In addition, Contractors providing services for regarding construction or repair of a public building must provide copy of Public Works Contractor Registration Certificate. 24. No interpretation of the meaning of the specifications will be made to any bidder orally. Every request for such interpretations should be in writing to the Purchasing Agent and to be given consideration must be received at least days prior to the date fixed of the 4

opening bids. Any and all such interpretations and any supplemental instruction will be mailed to all prospective bidders (at the respective addresses furnished for such purpose) not later than three (3) days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addenda or interpretations shall not relieve any bidder from any obligation under his bid submitted. All addenda so issued shall become part of the contract document. 25. Mandatory: Bidder shall submit Disclosure of Ownership Form stating the names and addresses of all stockholders in the corporation or partners in the partnership, who own a 10% or more of its stock, or any class, or of all individual partners in the partnership who own a 10% or greater interest therein, as the case may be. 5

HOLD HARMLESS It is understood and agreed that the Contractor shall hold harmless the Township of West Orange, and all their officers, agents and employees from all suits, actions or claims brought for or on account of any injuries, death or damages received or sustained by any person, persons or property by or from the Contractor, or its subcontractors, agents or employees from the operations under this contract referred to in this agreement, or in any manner arising out of the performance of work assigned under this agreement. LIABILITY INSURANCE The Contractor shall not commence work under this contract until Contractor has obtained all insurance required under this section and until Contractor has filed the Certificate of Insurance or a certified copy of the insurance policy with the Township. Contractor shall obtain, at its cost and expense, liability insurance insuring the Contractor, the Township and equipment against any and all liability and damage, arising under this agreement, in not less than the following amounts. a. Comprehensive General Liability with a combined single liability of $1,000,000/$2,000,000 aggregate applicable to bodily injury and property damage. Coverage to include completed operations. b. Auto liability with a combined single limit of liability of $1,000,000/$2,000,000 aggregate applicable to bodily injury and property damage. c. Workers Compensation and Employer’s Liability in accordance with the applicable laws, rules and regulations performing the same. d. Excess Umbrella Liability of $1,000,000 Contractor shall furnish the Township with three (3) copies of Certificate of Insurance listing the Township as an additional insured as proof of such insurance coverage. 6

BIDDER’S CHECKLIST MANDATORY ITEMS  Business Registration Certification ________  Bid Bond/Bid Deposit ________  Consent of Surety (if Bid Bond Provided) ________  Stockholders Disclosure Statement ________ Affirmative Action Compliance Notice ________  Iranian Disclosure Form ________  Completed Bid Proposal Form ________  Non-Collusion Affidavit ________  Political Contribution Disclosure Statement ________  Site Inspection Affidavit ________  Americans with disabilities act of 1990 ________  Addenda/Addendum ________  CERTIFICATION OF NON‐INVOLVEMENT IN ________ PROHIBITED ACTIVITIES IN RUSSIA OR BELARUS  Public Works Contractors Certificate  ________ Please provide one additional copy of entire bid package, which should be provided on an external hard drive/usb flash drive. 7

AMERICANS WITH DISABILITIES ACT OF 1990 Equal Opportunity for Individuals with Disability The contractor and the Township of West Orange, (hereafter "TOWNSHIP") do hereby agree that the provisions of Title 11 of the Americans With Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 et seq.), which prohibits discrimination on the basis of disability by public entities in all services, programs, activities provided or made available by public entities, and the rules and regulations promulgated pursuant there unto, are made a part of this contract. In providing any aid, benefit, or service on behalf of the TOWNSHIP 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 TOWNSHIP in any action or administrative proceeding commenced pursuant to this Act. The contractor shall indemnify, protect, and save harmless the TOWNSHIP, its agents, servants, and employees from and against any and all suits, claims, losses, demands, or damages, of whatever kind of nature arising out of or claimed to arise out of the alleged violation. The contractor shall, at its own expense, appear, defend, and pay any and all charges for legal services and any and all costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith. In any and all complaints brought pursuant to the TOWNSHIP's grievance procedure, the contractor agrees to abide by any decision of the TOWNSHIP which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the TOWNSHIP, or if the TOWNSHIP 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 TOWNSHIP shall, as soon as practicable after a claim has been made against it, give written notice thereof to the contractor along with full and complete particulars of the claim, if any action or administrative proceeding is brought against the TOWNSHIP or any of its agents, servants, and employees, the TOWNSHIP shall expeditiously forward or

complete particulars of the claim, if any action or administrative proceeding is brought against the TOWNSHIP or any of its agents, servants, and employees, the TOWNSHIP shall expeditiously forward or have forwarded to the contractor every demand, complaint, notice, summons, pleading, or other process received by the TOWNSHIP or its representatives. It is expressly agreed and understood that any approval by the TOWNSHIP 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 TOWNSHIP pursuant to this paragraph. It is further agreed and understood that the TOWNSHIP 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 TOWNSHIP from taking any other actions available to it under any other provisions of the Agreement or otherwise at law. I acknowledge: ___________________________ Signature of Vendor 8

TOWNSHIP OF WEST ORANGE ACKNOWLEDGMENT OF RECEIPT OF ADDENDA The undersigned Bidder hereby acknowledges receipt of the following addenda: Please assign the number, date and initial. Addendum Number Dated Acknowledge Receipt (Initial) _____________ ____________ _______________ _____________ ____________ _______________ _____________ _____________ _______________ _____________ _____________ _______________ No addenda was received. (please check off if no addenda received) Acknowledged for: ______________________________________________________ (Company Name) By: _________________________________________ (Signature of Authorized Representative) Name: _______________________________________ (Print) Title: ________________________________________ Date: ________________________________________ 9

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 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, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. 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 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, where applicable, will send to each labor union or representative or 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. The contractor or subcontractor,