MONTCLAIR PUBLIC LIBRARY ESSEX COUNTY, NEW JERSEY NOTICE TO BIDDERS

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2 MONTCLAIR PUBLIC LIBRARY ESSEX COUNTY, NEW JERSEY NOTICE TO BIDDERS Montclair Public Library will accept sealed bid proposals for HVAC Maintenance and Repair Services on Thursday, October 11, 2018 at 11:00 a.m. EST in the Montclair Public Library, Meeting Room, 50 South Fullerton Avenue, Montclair, Essex County NJ A copy of the Bid instructions, Bid forms and Specifications for the proposed work have been filed in the office of the Montclair Public Library, 50 South Fullerton Avenue, Montclair, Essex County, NJ, and may be inspected by prospective bidders during regular business hours (10:00 A.M. 5:00 P.M.). Bidders can download Bid Specifications from the Library s website ( or will be furnished with a copy of Bid Specifications upon request. Inspection/Pre-Bid Meeting. A pre-bid meeting and walk through of both Library locations will be held Friday, October 5, 2018 at 9:00 am. The meeting will begin in the Auditorium on the first floor of the Main Library and after a walkthrough, will proceed to the Bellevue Avenue Branch. Any party interested in bidding for this contract must attend this meeting. Registration should be made by writing, calling or ing Tim Flowers, Facilities & Security Supervisor, 50 South Fullerton Ave., Montclair, NJ 07042; (973) Ext. 2231, tim.flowers@montclair.bccls.org All bids submitted must be made on standard proposal forms in the manner designated and required by the specifications. Bids must be enclosed in sealed envelopes labeled HVAC Maintenance and Repair Service and bear the name and address of the bidder on the outside. All bids must be accompanied by a Certified Check, Cashier s Check or Bid Bond for not less than ten percent (10%) of the bid amount, not to exceed $20,000.00, and a Consent of Surety Statement in the form provided from a Surety Company stating it will provide the bidder with a bond for 100% of the Contract amount in the event that the Contract is awarded to the bidder. Bidding must comply with all applicable federal, state and municipal laws including the NJ. Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq. No bid may be withdrawn within sixty (60) days after the opening of bids. A Contract will be awarded to the lowest responsible bidder or all proposals will be rejected within sixty (60) days after the opening of bids. The Library reserves the right to reject any and all bids, to reject unbalanced bids, and to waive any informality in any bid. Peter Coyl Library Director Montclair Public Library coyl@montclair.bccls.org 1

3 Section 1 - General Instructions to Contractors These bid documents constitute an invitation for receipt of sealed bids from qualified HVAC maintenance and repair service companies ( Contractor ) to provide the Montclair Public Library with services for the Library. A. Purpose: The purpose and intent of this Invitation for Receipt of Bids is to solicit sealed bids from responsible firms that provide HVAC maintenance and repair service for the purchase of maintenance and repair service as specified in this bid. B. Procurement Method: Pursuant to N.J.S.A. 40A:11-1 et seq., the Montclair Public Library will be utilizing the public bidding process. As such, the Library will award the contract to the lowest responsible bidder. To be deemed the lowest responsible bidder, the bidder must conform in all material respects to the terms and conditions, specifications, scope of work, legal requirements, and other provisions of this Invitation for Bid. The Library reserves the right to waive informalities in a bid. Bids that contain a material defect shall be disqualified and given no further consideration. C. Intent & General Conditions: 1. It is the intent of the Montclair Public Library, hereafter referred to as "the Library", to enter into a contract with one or more responsible and responsive qualified bidder(s) to provide HVAC preventive maintenance and repair services for all Library owned HVAC systems as described in these specifications. It is the intent of these specifications to detail the Contractor's duties, responsibilities and requirements. 2. The successful Contractor must be able to demonstrate its knowledge and experience in maintaining, operating and controlling all types and makes of HVAC equipment installed throughout the Library, hereafter referred to as the Systems. 3. Each bidder shall examine and thoroughly familiarize itself with all existing conditions, including all applicable laws, ordinances, rules and regulation that will affect his work, prior to submitting a proposal. 4. Contractor will be required to complete any project/service started while under contract with the Library. The new Contractor will not be responsible for any projects/service left by a prior Contractor. Final payment will not be released until the equipment/service is completed and working as per terms of the contract. 5. This specification establishes minimum requirements for HVAC maintenance and repair for the two (2) locations of the Montclair Public Library: Main Library, 50 S. Fullerton Ave., Montclair, NJ Built: 1955, renovated 1997 Three stories, 55,000 square feet (approx.) Bellevue Avenue Branch, 185 Bellevue Ave., Montclair, NJ Built: 1914; upgraded 1985 Two floors (split level), 4,000 square feet (approx.) Listed on the National Register of Historic Places The Main Library receives over 280,000 visitors a year and is accessible to the public seven (7) days a week. The Bellevue Avenue Branch receives over 60,000 visitors a year and is accessible to the public five (5) to six (6) days a week. D. Acceptance of Bids and Validity Period: The Library reserves the right to accept or reject all bids 2

4 pursuant to (N.J.S.A. 40A:11-1, et seq.), to waive any informality, and to award the contract to the company that is the lowest responsible Contractor. Submission of a Bid will signify the Contractor s agreement that its bid and the content thereof are valid for sixty (60) days following the submission deadline unless otherwise agreed to in writing by both parties. The Contractor s bid response and this Bid will become part of the contract between the Library and the successful Contractor. Conditional or alternate Bids will not be accepted. E. Submission of Bids: Bid modifications or corrections thereof received after the closing date for the receipt of bids will not be considered. The Library is not liable for any errors or misinterpretations made by the Contractor in responding to this Invitation for Bid. Contractor shall be solely responsible for delivery of the bids. The Library bears no responsibility for bids that are improperly mailed, misdirected or problems associated with third party carriers. 1. Bid Submission: All bids shall be submitted with one (1) complete original bid and two (2) complete copies in a sealed envelope/container and must include all required bid forms, bid guarantees, financial statements, etc. All bids must be submitted at the sole expense of the Contractor, whether or not any agreement is signed as a result of this Invitation for Bid. Contractors will pay all costs associated with the preparation of Bids and necessary visits to the buildings. 2. Scope of Bid and Proposal: Contractor certifies that it has carefully examined and understands that the general conditions to bidders, the instructions to bidders, the specifications, the schedules and addenda, if any, that are prepared under the direction of the Library are a part of the bid proposal; and the Contractor will, if successful in this bid, furnish and deliver the goods and services at the times specified and at the prices bid. Prices quoted must be net and exclusive of all federal, state, municipal sales and excise taxes and include the cost of delivery and shipping. 3. Obligation of Contractor: At the time of the opening of bids, each Contractor will be presumed to have inspected the sites and locations in which the work is to be performed, and to have read, and to be thoroughly familiar with the contract documents (including Addenda, if any). The failure or neglect of any Contractor to inspect any site, receive or examine any form, instrument or document shall in no way relieve any Contractor from any obligation in respect to its bid. Failure of any Contractor to receive any Addenda shall not relieve the Contractor from any obligation under its bid as submitted. In addition, a failure on the part of any Contractor to acknowledge receipt of Addenda will result in disqualification of the bid. Addenda so issued shall become part of the Contract documents. Contractors are advised that terms and conditions set forth herein will be rigidly enforced. 4. Examination of Bid Specification: The Contractor shall examine the contents of the bid specifications or other documents issued by the Library in conjunction with this bid. The Contractor shall assure itself that all pages of the specifications and other referenced documents are included in the documents obtained for bidding purposes. If any part of the specifications and other documents are incomplete, the Contractor shall notify the Library in writing, in order to obtain any missing pages or other documents. The lack of such written notification by the Contractor will be construed as evidence that the specifications and other documents supplied for bidding purposes are full and complete and as a waiver of any subsequent claim to the contrary. F. Minimum Bidder Qualifications & Requirements 1. Bidders are required to be familiar with and comply with all applicable local, state and federal laws, rules and regulations associated with the goods and/or services specified herein. 3

5 2. By submitting this bid, and subsequently entering into this Contract, bidder is certifying that the bidder: a. Maintains the necessary and properly trained and qualified staff to maintain and repair all manufacturers' equipment covered under this Contract. b. Possesses the necessary and required staff, tools, equipment, and instrumentation to perform the maintenance and repairs required under this Contract. 3. Bidder must possess necessary software, special tools, and necessary certification (including manufacturer authorization to service) to work on the following systems and specified software: a. Johnson Control Package/ Carrier b. Honeywell AX certified, with a valid license c. Network 8000 PSI d. Schneider Electric WorkplaceTech e. Schneider Electric WorkPlacePro software 4. A list of passwords for any and all systems which require a password for programming, maintenance, or any other functionality, shall be submitted to the Facilities Manager or his/her designee. 5. Bidders are required to be Contractors in the business of performing maintenance and repairs on commercial HVAC systems of the type covered under this Contract for a period of not less than five (5) consecutive years prior to the date of the bid submission. 6. Bidders and their technicians are required to have the necessary technical knowledge and knowledge of principles and theories of refrigeration cycles and temperature measurement to advise the Library properly on any matters to improve the conditions of any of the systems inspected, worked on or which otherwise comes to the attention of the technician. 7. Bidders and their assigned technicians are required to have the necessary knowledge of occupational hazards and safety precautions involved in the repair and maintenance of heating, ventilating, and air conditioning equipment and the ability to take the needed safety precautions in performing the work. It is the Contractor's sole responsibility to ensure that all work is to be performed in accordance with any and all applicable safety regulations, particularly OSHA. G. Bid Proposal 1. The Bidder shall indicate on the sheet the various labor charges per hour to the Library. No additional charges will be made to the Library. The Bidder's prices will be all inclusive of, but not limited to, travel time, transportation mileage, breaks, and pick up and delivery of parts. 2. By submission of the proposal, the Bidder certifies that it carefully examined the Bidders Information and Specifications and fully understands the requirements, conditions, and terms contained therein. 3. The Bidder shall enter pricing on the proposal sheet. H. Inspection/Pre Bid Meeting A pre bid meeting and walk through of both locations will be held Friday, October 5, 2018 at 9:00 am. The meeting with begin in the Auditorium on the first floor of the Main Library and, after a walkthrough of the Main Library, will proceed to the Bellevue Avenue Branch. Any party interested in bidding for this Contract must attend the meeting. Registration should be made by 4

6 writing, calling or ing Tim Flowers (contact information below). I. Inquiries and Questions: Bidders with questions regarding this specification may contact the Facilities and Security Supervisor, Tim Flowers, 50 S. Fullerton Avenue, Montclair, NJ 07042; (973) extension 2231, J. Sub-Contracting: The Contractor must be fully capable of performing the scope of work and services within its own resources and may not assign, transfer, or sublet the Contract or any portion thereof without the written consent of the Library. Sub-contracting any portion of this contract, without the Library s permission to do so, will result in a disqualification of the Contract and termination thereof. K. The Contract and Its Award: 1. The bid will be awarded based on unit pricing. There is no minimum expenditure guaranteed, expressed or implied. 2. The labor rate shall remain firm and fixed, as in the proposal, for the duration of the Contract. 3. Upon receipt of written notice of the acceptance of this Bid, the Bidder will execute the formal Contract attached within twenty-one (21) days and deliver insurance certificates and any other documents required in the Specifications. 4. The initial term awarded under this Contract shall be for two (2) years. An award for one (1) additional one-year extension term will be based on the satisfactory completion of the prior years' contract, the availability of funds, and if deemed in the best interest of the Library. The optional one (1) year extension may be awarded with the written consent of the Contractor. 5. The Contract and Its Award: Award will be made on an All-or-None Offer, Total Offer basis. Any Contract awarded pursuant to this Invitation for Bid will be awarded to a single Contractor or to none at all. Award will be made to the Contractor whose bid is determined to be the lowest responsible bid. The Library will consider whether the Contractor s bid complies with all the requirements of responsibility in this Bid. There is no obligation on the part of the Library to award a Contract. The Library may cancel this Bid, reject bids or any portion thereof at any time prior to an award. 6. This Bid and the Contractor s bid response will be made part of the final Contract. All Contractors must submit a proposed contract agreement with their bid response. Should there be a conflict, the order of precedence will be the Contract, the Bid, and last the Contractor s bid response. 7. Governing Law: The Contract shall be governed by and in accordance with the laws of the State of New Jersey, without references to any choice of law or conflicts of laws provisions therein. 8. Assignment: The rights of the Library and Contractor under the Contract are personal to each party, and neither party shall assign, transfer, hypothecate or otherwise assign its rights or delegate its duties under the Contract, whether voluntarily, involuntarily or by operation of law, without the prior written consent of the other party to the Contract. 9. Independent Contractor: Contractor is and shall perform its services under the Contract as an independent contractor and not as the Library s agent, partner or joint venture. Contractor shall be engaged to render the services only, as specified in the Agreement, and any payments made by the Library are compensation solely for such services rendered. 10. Termination Clause: The following language will be incorporated in the Contract: If in the opinion of the Montclair Public Library the Contractor is not performing in a 5

7 satisfactory manner, the Montclair Public Library may at any time during the Contract period, terminate the Contract by giving thirty (30) days notice in writing to the other party of its intentions to do so for non-compliance with the terms and conditions of the Contract. In the event the Montclair Public Library cancels the Contract, the Contractor shall only be entitled to payments for work properly performed and completed. L. Exceptions and/or Deviations from Specifications: All deviations or exceptions from the specifications must be clearly enumerated and listed on the sheet titled EXCEPTIONS and/or DEVIATIONS; otherwise services provided shall be in conformance to the specified requirements. M. NJ Prevailing Wage: As required in this bid, the successful Contractor must comply with the provisions of the New Jersey Prevailing Wage Act, Chapter 150 of the Laws of 1963, setting forth the requirements forth the payment of the prevailing wage and for the proper documentation of such payments. Copies of the Act (P.L. 1963, c. 1500) and of the New Jersey Department of Labor and Wage Rate Determination for this project are available in the office of the Facilities and Security Supervisor and may be inspected during regular business hours. N. Bonding Requirements: The following are the bonding requirements the Contractor must submit with their bids and Contract. 1. Bid Guarantee: The Contractor will submit with a bid, a certified check, cashier s check or bid bond in the amount of ten percent (10%) of the total price bid not to exceed $20,000, payable unconditionally to the Library. A submitted Bid Bond must contain a Power of Attorney for the full amount of the Bid Bond from a surety company authorized to do business in the State of New Jersey. The check or bond of the unsuccessful Contractor(s) will be returned to them after a Contract is awarded and signed. The check or bond of the Contractor to whom the Contract is awarded will be retained until a Contract is executed. The check or bond of the successful Contractor will be forfeited if the contractor fails to enter into a Contract with the Library. Failure to submit a bid guarantee will result in rejection of the bid. O. Insurance Requirements and Indemnification Language: 1. Insurance: Contractor hereby agrees that it shall carry comprehensive general liability insurance covering its actions in the amount of $1,000,000 per occurrence and $2,000,000 in the aggregate and workers compensation insurance covering its employees, as required by applicable law, and any other insurance required by applicable law. 2. Indemnification: Contractor shall indemnify, defend and hold harmless the Montclair Public Library and the Montclair Public Library Board of Trustees, and their agents and employees, from and against all claims, damages, losses and expenses, including, but not limited to, attorneys fees, arising out of or from the performance of their work, providing that such claims, damages, loses or expenses are (1) attributable to bodily injury sickness, disease or death or to injury to or destruction of tangible property, including the loss of use resulting therefrom and are (2) caused in full or in part by any negligent acts or omission of Contractor or any one directly whether or not is caused in part by a party indemnified hereunder. P. Affirmative Action Certification: No Contractor may be issued a Contract unless it complies with the affirmative action provisions of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1 et seq. 6

8 Q. Americans with Disabilities Act of 1990: Discrimination on the basis of disability in contracting for the purchase of goods and services is prohibited. Contractors are required to read the Americans With Disabilities ( ADA ) language that is included as a Bid Form of this specification and agree that the provisions of Title II of the ADA are made a part of the Contract. The Contractor is obligated to comply with the ADA and to hold the Library harmless. R. Stockholder Disclosure: N.J.S.A provides that no corporation or partnership will be awarded any Contract for the performance of any work or the furnishing of any goods and services, unless, prior to the receipt of the bid or accompanying the bid of said corporation, partnership, Contractor submits a statement setting forth the names and addresses of all stockholders in the corporation or partners in the partnership who own a ten percent (10%) or greater interest therein. The included Statement of Ownership will be completed and attached to the Contractor s bid. This requirement applies to all forms of corporations and partnerships, including but not limited to, limited partnerships, limited liability corporations, limited liability partnerships and Subchapter S corporations. Failure to submit a Stockholder Disclosure document will result in rejection of the bid. S. Proof of Business Registration, Sales and Use Tax: N.J.S.A. 52:32-44 requires that each contractor submit proof of business registration with the bid. Proof of registration will be a copy of the contractor s Business Registration Certificate (BRC). A BRC may be obtained from the New Jersey Division of Revenue, to obtain a BRC via the internet go to or by phone call (609) N.J.S.A. 52:32-44 imposes the following requirements on Contractors and all subcontractors that knowingly provide goods: 1. The Contractor will provide written notice to its subcontractors and suppliers to submit proof of business registration to the Contractor; 2. Prior to receipt of final payment from a contracting agency, a Contractor must submit to the contracting agency an accurate list of all subcontractors or attest that none were used; 3. During the term of this Contract, Contractor and its affiliates will collect and remit, and will notify all subcontractors and their affiliates that they must collect and remit to the Director, New Jersey Division of Taxation, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A. 54:32B-1 et seq.) on all sales of tangible personal property delivered into this State. A Contractor, subcontractor or supplier who fails to provide proof of business registration or provides false business registration information will be liable to a penalty of $25 for each day of violation, not to exceed $50,000 for each business registration not properly provided or maintained under a contract with a contracting agency. Information on the law and its requirements is available by calling (609) T. Non-Collusion Affidavit: The Affidavit will be properly executed and submitted with the Contractor s bid. 7

9 Section 2 Scope of Work and Services to be Provided by the Contractor A. SCOPE AND CLASSIFICATION 1. Scope This specification establishes minimum requirements for HVAC maintenance and repair service for the two (2) locations of the Montclair Public Library: Main Library, 50 S. Fullerton Ave., Montclair, NJ Built: 1955, renovated 1997 Three stories, 55,000 square feet (approx.) Bellevue Avenue Branch, 185 Bellevue Ave., Montclair, NJ Built: 1914; upgraded 1985 Two floors (split level), 4,000 square feet (approx.) Listed on the National Register of Historic Places; has hand carved wood work that is more than 100 years old. The Main Library receives over 280,000 visitors a year and is accessible to the public seven (7) days a week. The Bellevue Avenue Branch receives over 60,000 visitors a year and is accessible to the public five (5) to six (6) days a week. 2. As further defined within the specifications, the successful Contractor shall provide prompt, professional maintenance and service, in a safe and efficient manner, on the HVAC systems, components, and software listed in this section: Honeywell Liebert Trane Other manufacturers 3. Such service shall necessitate troubleshooting the systems, and upon the findings of the Technician, the service shall include, but not be limited to: a. the repair, replacement and maintenance of any and all components of the HVAC systems. b. maintain, repair, assemble and install condensers, compressors, motors, heat exchangers, heat pumps, stationary boilers, cooling towers, and other units of heating, ventilating, and air conditioning equipment. c. assemble and connect pipes and ducts used in piping refrigerants, hot water, and warm or conditioned air. d. overhaul and repair pumps, compressors, controls, piping, ducts, and other equipment used in heating, ventilating, and air conditioning systems. e. calibrate thermostats and valve controls. f. check the operation of water-cooling towers and drain water lines when switching from air conditioning to heating. g. supply and replacement of filters. 8

10 h. perform all other services normally associated with HVAC maintenance and repairs. i. Program Jace controllers and configure screens to be accepted by the receiving departments. j. Install, configure and update necessary software to effectively communicate with systems. B. PREVENTATIVE MAINTENANCE SCHEDULE 1. Bi-Annual Service: Bidder is required to perform two (2) preventive maintenance services per year. They shall be performed by appointment during the start-up of the appropriate system for the weather change. 2. Annual Service: The bidder shall perform the following one time per year during the appropriate preventive maintenance service: 3. Boilers shall be broken down and cleaned (burner and inspection plate shall be pulled, fire box cleaned). 4. All system belts shall be replaced. 5. Condenser coil cleaning. 6. Spring air conditioning system start-up and testing. 7. Fall heating system start-up and testing. 8. Bidder Supplied Items: The following preventive maintenance supplies shall be provided by the bidder: Belts, Air Filters, Oil Filters, Oil, Lubricants, gaskets, and all other minor incidental associated items. The cost of these supplies shall be incorporated into the quarterly price bid. 9. Preventive Maintenance Service Report: Upon the completion of each quarterly service, bidder shall submit a work report showing a minimum of the following information for each site: date of service, location, list of all work performed, all parts and refrigerant manifest reports. 10. System Inventory: Upon completion of the first service, the Contractor shall provide the Library with a complete inventory, by location, of all major components of the HVAC system. This shall include a description, manufacturer, model number, serial number, filter numbers, passwords for energy management systems and other pertinent information. This shall be provided in Microsoft Excel format. The cost associated with making this list shall be at the hourly rate within this bid. 11. Unless designated as an "Annual Service" item above, the items listed in the chart below are the minimum required services to be performed during each service, where applicable. Contractor shall also perform other manufacturers recommended services at this time. RECIPROCATING SYSTEM(S) lubricate motor bearings check drives, align and adjust belts/couplings HEATING SYSTEM(S) check electric heat elements check heating coils 9

11 check suction, oil, and discharge pressures leak test visually check compressor safety controls check and adjust refrigerant controls pull-down refrigerant system check rotation pump down refrigerant system check operation of unloaders check water reg. valve, adjust if required check Freon charge, add if needed (freon billed additionally) check electrodes AIR HANDLING SYSTEM(S) lubricate motor and pump bearings lubricate fan bearings check and adjust drive belts filter service - replace filters (Pleated 40%) check fan coil units and drive alignment clean O. A. intake screens & check dampers drain water coils belts replaced check and clean drains and drip pans WATERPUMPS lubricate motor and pump bearings check line strainers check pressure gauges inspect & adjust packing glands and mech seals drain pump & lines check motor alignment general recommended maintenance CONTROLS check all thermostats and humidistats check boiler water level and low water cutoffs check boiler controls check traps, strainers and valves check automatic valves inspect burner operation tube and adjust check and adjust burner control replace oil filters check electrodes check unit heaters check, clean and adjust safety and operating control check transformer high voltage output clean and adjust gun HEATING SYSTEM - HOT WATER check heating coils check and clean traps, strainers, valves, etc. clean boiler, drain, flush, refill check, clean and adjust boiler safety and operating controls check boiler water level check condensate return pump check automatic valves CONDENSING MEDIA AIR COOLED lubricate motor bearing lubricate fan bearing check and adjust fan drive belts check fan rotation check condition of coil condenser coil cleaning PNEUMATIC CONTROLS check air compressor station 10

12 check all recorders check/lubricate all damper operators/valves check automatic control valves check all other controls check air drier check oil filter check all controls check system pressures calibrate all controls C. Additional Submittals 1. LICENSES: Bidders must submit with their proposal, copies of the license(s) of each technician who will be assigned to this Contract. Only those individuals whose licenses are submitted will be authorized to work on the system under this Contract. 2. CERTIFICATIONS: Bidder shall submit copies of all required certifications to work on the various components in the Systems, specifically those required for software systems. 3. REFERENCES: Bidder is to provide a minimum of three (3) commercial references of clients for which work of a similar nature is performed. References shall be submitted on the "Reference Form" or attach their own sheet to said page. Required information is: company name, contact person, contract telephone number, and a brief description of their system and services provided. D. Work Performance 1. Technicians must sign-in with a member of the Facilities Department where work is being performed. If not, work orders will not be approved for payment. 2. Absolutely no services will be performed that has not been authorized. No payments will be made for unauthorized services. 3. All service and repair work performed on any System under this Contract shall be accomplished in an expert and expeditious manner. 4. Only those technicians with licenses on file with Library Administration are authorized to perform work on any System. 5. Upon arrival, service technicians shall meet with the Facilities Manager or his/her authorized representative and sign-in prior to performing any required work, unless alternative arrangements have been made. 6. The Library reserves the right to request a written estimate for any repair work. The estimate shall include an itemized list of anticipated replacement parts, indicate if the parts are new or rebuilt, shows both the cost and marked-up price, and the estimated labor time necessary for the repairs at the rate indicated on the bid proposal. No "quotes" shall be provided, only "estimates". All estimates shall be based on the labor rates provided on the proposal pages, and the materials at cost plus markup. If work is performed, it shall be billed according to this contract with respect to actual hours worked and parts used. 7. All broken or non-repairable parts are to be removed and replaced. All parts replaced by the Contractor will be returned to the Library for the Facility Manager to inspect, if requested. 8. The Facility Manager must approve any additional repair service or parts beyond the original estimate the Contractor deems necessary. 11

13 9. Upon completion of the work, or if it becomes necessary for the technician to leave the premises for any reason, the Facility Manager or his authorized representative must be notified and the technician must sign out. 10. Work Order Tickets: Contractor shall generate a work ticket for each job. A work ticket(s) must be submitted with each corresponding invoice. Said ticket shall include a minimum of the following information: Purchase Order Number Location of Work Performed Date Start time and finish time for each worker Materials used Detailed description of work performed Technician Name Technician Signature Signature of Facility Manager or designee. 11. Maintenance Log Book: In addition to Work Order Tickets, technicians are required to make an entry into the Maintenance Log Book at each location whenever work is performed. This entry shall consist of: Date Time in/out Name of each Technician Brief description of work Corresponding work order number E. Guarantee and Acceptance 1. Before acceptance of any work completed under this Contract, such work may be examined to the Library's satisfaction. Any inferior or defective work found will be corrected at the expense of the Contractor. 2. Any new material or equipment installed under this Contract shall be guaranteed, for both parts and labor, by the Contractor for a period of ninety (90) days or length of manufacturer's warrantee, whichever is longer. Guarantee shall begin from the date of acceptance. The Contractor shall supply the Library with any instruction and/or operation manuals for any new equipment installed under this Contract. 3. Repaired equipment and/or work shall be guaranteed and warranted against faulty workmanship and parts, for a period of one year, beginning from the date of acceptance. Bidder shall be responsible for all replacement or repair costs for all parts and labor, in these instances. F. Materials and New or Replacement Parts: 12

14 1. All parts, components, or devices for all Systems that are worn or are not in proper operating condition shall be repaired and/or replaced with new parts, components or devices. When parts are replaced in their entirety, and a newer design of this device is available and is functionally equivalent and compatible, the device of the newer design shall be used as the replacement. 2. All parts will be Original Equipment Manufacturer (OEM) parts, when available. No used or refurbished parts will be used unless specifically authorized by the Library Director or his/her duly recognized representative. With prior authorization, the Bidder may provide an alternate to the OEM part. This may be requested if OEM parts are no longer available, or if its use would pose significant savings to the Library. The alternate part must be considered in the industry to be equal or superior to the OEM part. 3. In accordance with State regulated purchasing procedures, the Library reserves the right to purchase any or all parts from other vendors and provide the Contractor with those replacement parts. G. Hours of Work and Response Time: 1. Billing Hours: Billing rates for time worked shall be done in accordance with the N.J. Department of Labor, Prevailing Wage regulations. See attached form for recognized holidays. 2. Preventive Maintenance services shall be scheduled with the Library in advance, and be performed during regular working hours (unless requested otherwise by the Facilities Supervisor). 3. Non-emergency repair work shall be performed between the hours of 8:00 a.m. to 4:30 p.m., Monday through Friday, excluding holidays. The contractor will respond to all service repair request by telephone within two (2) hours of notification, and will coordinate with the requesting party when they will have a service person at the job site to perform said work. All requested work shall be expeditiously scheduled and completed to the satisfaction of the Library. 4. Emergency repair work shall be available twenty-four (24) hours per day, seven (7) days per week, 365 days per year. a. The Township of Montclair Office of Emergency Management and the Township of Montclair Health Department have designated the Library as an emergency warming and cooling center. b. Emergency repair work shall be defined as any repair necessary to correct or mitigate a situation that materially and adversely affects the health, safety, and welfare of the public and/or Library staff. 5. Any extensive work that may need to be done may require scheduling for after Library business hours for the safety of the general public and/or prevent any disruption of services. This determination shall be made by the Facilities Supervisor, Library Director, or designee. 6. Response Times: a. Non-Emergency Service Calls 13

15 i. Telephone response - within two (2) hours. ii. On-Site response - within eight (8) business hours, or as agreed upon during telephone response. b. Emergency Service Calls i. Telephone response - within thirty (30) minutes. ii. On-Site response - within two (2) hours. 7. Contractor must have some means of electronic communications (cell phone number, beeper or paging system) activated twenty-four (24) hours a day, seven (7) days a week, to ensure that immediate contact can be when emergencies arise. Bidder shall complete a Contact Information Sheet. H. Payment 1. Payment will be made in accordance with standard Library procedures. 2. Requests for payment shall be processed upon the submission of a properly executed voucher, invoice, certified payroll form(s) and other required back-up. 3. The successful Contractor will be required to complete Payroll Certification forms and submit them with their invoices, in compliance with New Jersey Prevailing Wage Act, N.J.S.A. 34: , et seq. 4. The Library reserves the right to withhold or reduce any payments due the Contractor for any and all expenditures incurred by the Library to perform or correct any services not properly performed by the Contractor. I. Cancellation 1. If in the opinion of the Montclair Public Library the Contractor is not performing in a satisfactory manner, at any time during the Contract period, the Montclair Public Library may terminate the Contract by giving thirty (30) days notice in writing to the Contractor of the Library s intention to terminate for non-compliance with the terms and conditions of the Contract. In the event the Montclair Public Library cancels the Contract, the contractor shall only be entitled to payments for authorized work properly performed and completed up through the effective date of termination. 14

16 Forms in This Section Must Be Completed & Returned with Bid BID FORM CHECKLIST Initial Proposal Affidavit Ownership Disclosure Stockholder Disclosure Non-Collusion Affidavit Consent of Surety Certificate of Insurance New Jersey Business Registration Requirements (Informational) Certification of Affirmative Action Americans With Disabilities Act of 1990 Debarment/Suspension Certification Licenses Certifications References 15

17 Forms in This Section Must Be Completed & Returned with Bid BIDDERS PROPOSAL FORM I (We), agree that I (we) have read the Advertisement, together with the Instructions, Proposal Form and Specifications, attached hereto and fully understand the meaning of all of them and if awarded the Contract, agree that I (We) will comply with all the terms, covenants and agreements set forth therein. I (We) agree to receive as full compensation for furnishing HVAC Maintenance and Repair Service including materials, labor, tools, and equipment called for under these specifications, complete and in every detail, for the following prices: 1. Regular Hourly Rate (Mon Fri, 9:00 pm to 12:00 pm) $ 2. Regular Weekend Rate (Sat Sun, 7:00 pm to 12:00 pm) $ The undersigned is a (Partnership/Corporation/Individual) under the laws of the State of New Jersey having its principal office at: Company Name Federal I.D. # or S.S. # Address Signature of Authorized Agent Type or Print Name Telephone Number Date of Proposal 16

18 Forms in This Section Must Be Completed & Returned with Bid AFFIDAVIT I/We hereby certify that I/We have read the foregoing conditions and specifications and have become familiar with the contents thereof; and that the bid of (Name of Company) submitted to the Montclair Public Library, attached hereto, is submitted in strict accordance with said conditions, instructions, and specifications. I/We understand that any matter submitted with the bid document, which attempts to alter the specifications of the Library s Instructions to Bidders, may be disregarded, or the bid may be rejected. Corporate Name of Bidder Address Telephone Number Signature of Authorized Agent 17

19 Forms in This Section Must Be Completed & Returned with Bid OWNERSHIP DISCLOSURE I certify that the Bidder is the owner of which is the subject of the bid and that the Bidder will furnish the goods and services for HVAC Maintenance and Repair Service to the Montclair Public Library when and if it exercises its right to contract for such services. WITNESS: I certify that I am authorized to submit this certification on behalf of the owner of the. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. (Affix Corporate Seal) Dated: a) To be signed if a third party owns. I certify that owns which is the subject matter of the bid and that the owner will furnish the goods and services for HVAC Maintenance and Repair Service to the Montclair Public Library when and if it exercises its right to contract for such services. I certify that I am authorized to submit this certification on behalf of the owner of. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. WITNESS: (Affix Corporate Seal) Dated: 18

20 Forms in This Section Must Be Completed & Returned with Bid STOCKHOLDER DISCLOSURE STOCKHOLDER, PARTNERSHIP OR MEMBER DISCLOSURE STATEMENT STATE OF: COUNTY OF: ss: In accordance with the Instruction to Bidders and the provisions of P.L. 1977, Chapter 33, Section 1 (N.J.S.A. 52: ), the undersigned being duly sworn according to law, deposes and says that the following is a list of the names and addresses of all stockholders in the corporation, LLC or partnership, who own 10% or more of its stock, or of all individual partners in the partnership, or individual members in the LLC, who own a 10% or greater interest therein (Section I.). If one or more such stockholder, partner is itself a corporation, partnership, or LLC, all stockholders, partners or members holding a 10% or more of the corporation's stock or all individual partners, or members, owing 10% or greater interest in that partnership or LLC, is also listed (Section II.). Section I. Name of Corporation/Partnership/LLC Address Name of Corporation/Partnership/LLC Address Name of Stockholder/Partner/Member Address Name of Stockholder/Partner/Member Address Name of Stockholder/Partner/Member Address Use reverse side for additional stockholders/partners/members. 19

21 Forms in This Section Must Be Completed & Returned with Bid NON-COLLUSION AFFIDAVIT (N.J.S. 2A:93-6) Company Name: Street: City, State, Zip Code: _ State of New Jersey County of I, of the Name City in the County of and the State of of full age, being duly sworn according to law on my oath depose and say that: I am the of the firm of Title Company Name the Bidder making this proposal for the goods, services or public work specified under the Montclair Public Library bid for HVAC Maintenance and Repair Service, and that I executed this proposal with full authority so to do; 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 indicated bid, and that all statements contained in said proposal and in this affidavit are true and correct, and made with the full knowledge that the Montclair Public Library relies upon the trust of the statements contained in this affidavit in awarding the contract for the said goods, services or public work. 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 Company Name Sworn and subscribed to before me this day of, 20 Authorized Signature & Title Notary Public My commission expires, 20 20

22 Forms in This Section Must Be Completed & Returned with Bid CONSENT OF SURETY The (Name and Address of Surety) a corporation existing under the Laws of the State of and authorized to do business under the Laws of the State of New Jersey, hereby certifies that application has been made to us by (Name and Address of Contractor) and satisfactory arrangements have been completed by which we have and do now agree to furnish a Performance Bond equal to 100% of the Contract value to ensure the faithful performance on the part of the Bidder of the terms and conditions of the Contract, and a labor and materials bond to ensure the payment of all persons furnishing labor and materials in accordance with the Contract. Title Work: Name and Location of Project: This proposition is made with the understanding that any change made in the specifications or agreements without the consent of the bondsmen shall in no way vitiate the bond. WITNESS: SURETY COMPANY Title: Attorney-in-fact (Affix Corporate Seal) By: Date: 21

23 Forms in This Section Must Be Completed & Returned with Bid CERTIFICATE OF INSURANCE CERTIFICATE OF INSURANCE STATEMENT The Bidder fully understands the Montclair Public Library insurance requirements as stated in this Invitation for Bid for HVAC Maintenance and Repair Service and agrees to provide all insurance required by these documents prior to award of only contract. Signature and Title Date NOTE: FAILURE TO SIGN THIS DOCUMENT MAY RESULT IN THE REJECTION OF YOUR BID 22

24 Forms in This Section Must Be Completed & Returned with Bid NEW JERSEY BUSINESS REGISTRATION REQUIREMENTS (Informational) New Jersey Business Registration Requirements The Contractor will provide written notice to its subcontractors of the responsibility to submit proof of business registration to the contractor for submission to the contracting agency. Before final payment on the Contract is made by the contracting agency, the Contractor will submit an accurate list and the proof of business registration of each subcontractor or supplier used in the fulfillment of the Contract, or will 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)] will collect and remit to the Director, New Jersey Division of Taxation, the use tax due pursuant to the Sale 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.) or 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, will 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. To register: Businesses must complete Form NJ-REG and submit it to the Division of Revenue. The form can be filed form online or by mailing a paper form to the Division; online filing is encouraged. Register online at Click the online link and then select Register for Tax and Employer Purposes. Download the paper form and instructions at Call the Division at to have a form mailed to you or write to the Division at: Client Registration Bureau, PO Box 252, Trenton, NJ

25 Forms in This Section Must Be Completed & Returned with Bid 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 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. The Contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-3 1 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 employ minority and women workers consistent with the applicable county employment goals established in accordance with N.J.A.C. l7:27-5.2, or a binding determination of the applicable county employment goals determined by the Division, pursuant to N.J.A.C. 17: The Contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, labor 24