MONTCLAIR PUBLIC LIBRARY ESSEX COUNTY, NEW JERSEY NOTICE TO BIDDERS

Transcription

1

2 MONTCLAIR PUBLIC LIBRARY ESSEX COUNTY, NEW JERSEY NOTICE TO BIDDERS Montclair Public Library will accept sealed bid proposals for Elevator Maintenance and Repair Services on Thursday, November 1, 2018 at 10:15 a.m. prevailing time, in the Auditorium of the Montclair Public Library, 50 South Fullerton Avenue, Montclair, Essex County New Jersey 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, located at 50 South Fullerton Avenue, Montclair, Essex County, New Jersey, 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. Any party interested in inspecting the elevators prior to submitting a bid, please contact Tim Flowers, Facilities and Security Supervisor, 50 South Fullerton Avenue, Montclair, New Jersey 07042, (973) extension 2231, tim.flowers@montclair.bccls.org for arrangements. 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 and must bear the name and address of the bidder on the outside and envelopes shall be labeled Montclair Public Library Elevator Maintenance and Repair Services. All bids must be accompanied by satisfactory proof that the bidder maintains 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 state law, and any other insurance required by applicable law. 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 shall be in conformance with all applicable federal, state and municipal laws including the Local Public Contracts Law of the State of New Jersey, N.J.S.A. 40A:11-1 et seq. Bidders are required to comply with requirements of N.J.S.A. 10:5-31, et seq. and N.J.A.C. 17:27 (Affirmative Action); N.J.S.A. 34: , et seq. (Prevailing Wage act). Bidders must submit a Statement of Ownership showing all owners of ten percent (10%) or more of its stock if a corporation or ten percent (10%) or more interest if a partnership. Bidders are required to submit with their bid proof of registration in accordance with P.L. 2004, c.57 and a Non-Collusion Affidavit. No bid may be withdrawn for 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 elevator maintenance and repair service ( 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 elevator maintenance and repair services as specified in this invitation. 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. Background: This specification establishes minimum requirements for elevator maintenance services for elevators to include routine, preventative, and emergency maintenance and related replacement supplies and equipment for one (1) passenger hydraulic elevator in the Montclair Public Library: Main Library, 50 S. Fullerton Ave., Montclair, NJ Simplex, Hydraulic, Basement, 4 Floor openings, Capacity 4,500, Top of Car Shoes, 2 speed sliding door, Manufacturer Dover. The Main Library receives over 280,000 visitors a year and is accessible to the public seven (7) days a week. D. Acceptance of Bids and Validity Period: The Library reserves the right to accept or reject all bids pursuant to (N.J.S.A. 40A:11-1 et seq.), to waive any informality, and to award the Contract to the bidder, which is the lowest responsible bidder. 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 or third party bid organizations. 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 the 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 2

4 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, which are prepared under the direction of the Library, are a part of the bid proposal; and if successful in this Bid, Contractor will 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 site and location 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 with respect to its bid. Failure of any Contractor to receive any addenda shall not relieve 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: Contractor shall examine the contents of the Bid Specifications or other documents issued by the Library in conjunction with this Bid. 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 to the Contractor for bidding purposes are full and complete, and as a waiver of any subsequent claim to the contrary. F. 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. G. Inspection: Any party interested in inspecting the elevator(s) prior to submitting a bid, please contact the Facilities and Security Supervisor, 50 South Fullerton Avenue, Montclair, New Jersey 07042; (973) extension 2231, coyl@montclair.bccls.org for arrangements. 3

5 H. Inquiries and Questions: Bidders may contact the Library Director, Peter Coyl, 50 S. Fullerton Avenue, Montclair, NJ 07042; (973) extension 2226, with questions regarding this specification. I. Sub-Contracting: 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 Library permission to do so, will result in a disqualification of the Contract and termination thereof. J. The Contract: 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, and the bidder award of the Contract, will execute the formal Contract attached within twenty-one (21) days of receipt 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. K. 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 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. 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, Contractor s bid response. 1. Term of Contract: Contract to be awarded for the term of two (2) years with option to renew an additional one (1) year. A three (3) month probationary period will be in place upon the commencement of the Contract. 2. 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. 3. Assignment: The rights of the Library or Contractor under the Contract are personal 4

6 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. 4. 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 is retained to render the services only, as specified in the Contract, and any payments made by the Library are compensation solely for such services rendered. 5. 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 satisfactory manner, the Montclair Public Library may at any time during the Contract period, terminate the Contract by giving thirty (30) days writing notice to the other party, of its intentions to terminate for non-compliance with the terms and conditions of the Contract. In the event the Montclair Public Library cancels the Contract, Contractor shall only be entitled to payments for work properly performed and completed up through the effective date of termination. 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, N.J.S.A. 34: et seq., setting forth the requirements forth the payment of prevailing wages and for the proper documentation of such payments. Copies of the Prevailing Wage Act 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. 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, the Montclair Public Library Board of Trustees, and the Township of Montclair, the respective appointed and elected officials, agents and employees of each, 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 act(s) or 5

7 omission(s) of Contractor or any one directly or indirectly associated with or responsible to Contractor, regardless of whether such loss is caused in part by a party indemnified hereunder. O. Bonding Requirements: The following are the bonding requirements bidders 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 bid price 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 unsuccessful Contractor(s) will be returned to them if 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 Contractor fails to enter into a Contract with the Library. Failure to submit a bid guarantee will result in rejection of the bid. 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. 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 Bid Form of this specification and agree that the provisions of Title II of the ADA are made a part of the Contract. 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 or 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 must 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 companies, general limited 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 bidder s Business Registration Certificate (BRC). A BRC is obtained from the New Jersey Division of Revenue. To obtain a BRC via the internet go to or by phone at (609) N.J.S.A. 52:32-44 imposes the following requirements on contractors and all subcontractors that knowingly provide goods or services: 1. The Contractor will provide written notice to its subcontractors and suppliers to submit proof of business registration to the Contractor; 6

8 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 the New Jersey Division of Revenue at (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 elevator maintenance services for elevators to include routine, preventative, and emergency maintenance and related replacement supplies and equipment for one (1) passenger hydraulic elevator in the Montclair Public Library. Main Library 50 South Fullerton Avenue Simplex, Hydraulic, Basement, 4 floor openings, Capacity 4500, Top of Car Shoes, 2 speed sliding door, Manufacturer Dover If current plans for a proposed expansion at the Bellevue Avenue Branch (85 Bellevue Avenue) are completed during the life of the contract, a second elevator will also fall under the terms of this bid. Included in this Specification are provisions regarding applicable equipment Specifications, scope of work for Preventative Maintenance and Maintenance and Elevator Performance Reporting and Documentation, performance requirements, Monitoring Station and material requirements, bidding requirements, and other requirements for elevators located at above. The Library is a public building accessible to the public seven (7) days a week, four (4) of those days until 8:00 pm and three (3) of them until 6:00 pm. As many of our resources and classrooms are located on the Second and Third floors, the availability and functionality of the elevator is paramount to our customer service. 2. Classification This Contract is designed to ensure elevator availability and safety for Library employees and the public. Where applicable, items in this Specification shall conform to the requirements of American National Standards Institute (ANSI) A17.1 code in its latest revision referring to elevator equipment maintenance. 3. Inspection Should vendors desire to inspect the elevators prior to submitting a bid, please contact Tim Flowers, Facilities, and Security Supervisor, at (973) extension 2231, or tim.flowers@montclair.bccls.org for arrangements. 8

10 B. CONTRACT MANAGER Bidders may contact the Library Director, Peter Coyl, 50 s. Fullerton Avenue, Montclair, NJ 07042; (973) extension 2226 with questions regarding this specification. C. APPLICABLE STANDARDS OF MAINTENANCE Contractor shall maintain all elevators according to the original manufacturer's performance specifications and in accordance with ISO/TR /1:2004 and the American Society of Mechanical Engineers (ASME) A17.1. D. CONTRACT PERIOD Contract to be awarded for the term of two (2) years with option to renew additional one (1) year. E. PREVENTATIVE MAINTENANCE AND MATERIAL REQUIREMENTS 1. Contractor is required to maintain all elevators in the best operating condition in accordance with ISO/TR :2004 and ASME A17.1, and provide materials and labor. 2. Contractor shall inspect each elevator and its component parts. Contractor will adjust, lubricate, clean, repair, or replace such parts and mechanisms as necessary to render preventative care and keep the elevator equipment in proper and safe operating condition per the manufacturer's specifications and within the limits of applicable codes. 3. Contractor shall maintain the efficiency, safety, and rated speeds of the elevator, including full running speed, acceleration, deceleration, landing and leveling, floorto-floor time, including door opening and closing time where power door operation exists. These items shall be maintained per the manufacturer's specifications and within the limits of applicable codes. 4. Contractor shall keep the guide rails clean and properly lubricated according to the manufacturer's specifications, except when roller type guide shoes are involved, rail lubricant will not be used. The Contractor will check rail bracket and fishplate bolts to ensure they are tightened according to the manufacturer's specifications. 5. Contractor shall brush lint and dirt from the guide rails, overhead beams and sheaves, counterweight frames, car tops, bottom of platforms, pit equipment and the floor of the Machine Room located in the elevator penthouse. 9

11 6. Contractor shall maintain and absorb all costs associated with maintaining the signal system, devices, and component parts, and assure compliance with the Americans with Disabilities Act Accessibility Guidelines (ADAAG), 4>07, et seq. The devices shall include: buttons, direction and indicator lights, position indicators, hall lanterns, mechanical and electrical dials, signal bells, buzzers and gongs, and emergency communications system. 7. Contractor shall conduct an Annual Fire Sequence Test in coordination with the Montclair Township Fire Department. The Test shall be conducted on a day established by the Contract Manager during the first quarter of each calendar year. All work performed shall be properly documented as required through the regulating agencies. 8. Contractor shall conduct an annual State safety inspection to be performed in the first quarter of each calendar year on all elevators under contract as per ISO/TR /1:2004 ASME A17.1, latest edition, and upon completion, furnish a report to the contract Manager. 9. Contractor shall equalize the tension on all hoisting ropes in order to maintain an adequate factor of safety as per ISO/TR /1:2004 ASME A17.1 and shall replace conductor cables, hoist way and Machine Room elevator wiring as necessary. 10. Contractor shall maintain storage cabinets in the Machine Room for the orderly storage of replacement parts and storage of original wiring diagrams with latest changes for each. The Contractor shall not store any hazardous or flammable materials in the Machine Room. The Contractor will notify the Contract Manager prior to any modifications to existing equipment and diagrams. All drawings, wiring diagrams and amendments thereto, shall remain the property of the Montclair Public Library. 11. Contractor shall make routine maintenance calls once a month to ensure that all Elevator Equipment is operating at maximum efficiency levels, and perform tasks outlined in the Scope of Work. Contractor is required to provide the Library with a report on the labor hours expended detailing all parts replaced during the routine and preventative maintenance calls. The maintenance and cleaning of hydraulic, electrical, and freight elevators shall conform to the schedule recommended by the manufacturer. 12. The Contractor will absorb all costs for maintenance including emergency adjustments and callback service, which is required between routine and preventative maintenance periods. 13. The service mechanics shall, upon arrival and departure from the premises, report to the Contract Manager or designee. Upon completion of all routine maintenance under this Maintenance Agreement the service mechanic must certify that the work was done by obtaining the signature of the Contract Manager or designee on the 10

12 Preventive Maintenance Checklist. Payment may be withheld on any unit if scheduled maintenance is not performed and/or certification is not submitted as specified. 14. Contractor will replace all worn, failed, or intermittent malfunctioning parts. All replacement parts shall be of the same quality and design or of equal design as were the parts being replaced. Replacement parts may be new or reconditioned. 15. Contractor shall provide and maintain: contacts, coils, lubricants, wiping cloths and such other minor parts in each elevator Machine Room as needed for the performance of this Contract. 16. All parts, lubricants and chemicals associated with the maintenance of the elevators shall meet industry standards. The Contractor shall have, or have immediate access to, an inventory of replacement parts required to service and maintain the elevators, such that maximum elevator downtime shall not exceed 24 hours. The inventory items the Contractor must have immediately accessible include but are not limited to: 1. Worm Gear 2. Gear 3. Thrust Bearings 4. Drive Sheave 5. Drive Sheave Shaft Bearings 9. Linings and Components Parts 13. Exposed Piping 14. Hydraulic Fluid Tanks 17. All Relays 18. Solid State Components 6. Brake Pulley 7. Brake Coil 8. Brake Contacts 10. Motors 11. Motor Windings 12. Rotating Element 15. Selector & Dispatching Equipment 19. Car and Counterweight Guide Rails 16. Controller 20. Governor Tension Sheaves Assembly 21. Transformers 22. Contacts 23. Leads 24. Plunger Packing 33. Resistors 34. Hoistway Limits & Switches 37. Hoistway Door Interlocks 38. Hoistway door hangers 25. Timing Devices 26. Computer 27. Solid State PC Boards 28. Governor Devices 29. Governor Jaws 30. Deflector 31. Bearings 32. Car & Counterweight Buffers 35. Condensers 36. Compensating sheave assembly 39. Operator 40. Car door hanger 41. Car door contact 42. Door light ray device 43. Load weighting equipment 44. Car frame 45. Car safety mechanism 46. Platform 47. Wood Platform flooring 48. Car door sill 49. Cab emergency light fixtures 50. Cab fan and fan motors 51. Elevator car guide shoes 52. Gibs and rollers 53. Selector Cable or Tape & Mechanical & Electrical Driving equipment 54. Counterweight and Counterweight guide shoes including rollers or gibs 55. Hydraulic fluid oil as needed in plunger elevator electric elevator equipment and any other equipment or controls normally covered by full maintenance contracts and not specifically excluded herein. 11

13 F. PREVENTATIVE MAINTENANCE PROGRAM DOCUMENTATION 1. Each bidder is required to submit a copy of their Preventative Maintenance Program with the bid. 2. Contractor shall maintain a separate Preventative Maintenance Checklist for each elevator containing the following information: Name of building, elevator type, elevator number, elevator serial number, specific items of maintenance, frequency for each maintenance item, date maintenance performed, and initials of the service mechanic. The checklist will be permanently maintained in the Machine Room and shall become the property of the owner. 3. All work performed under this Contract is subject to inspection by the Library or a specialist designated by the Library at any time, to ensure compliance with all terms and conditions of this Contract. 4. A bound Service Log Book shall be maintained and shall list the following information for each visit: An entry in the log book is required for each visit to the Machine Room together with the signature of the attending service mechanic; date, start time, and duration of visit; preventative maintenance performed (mechanic may reference the portion(s) of the Preventative Maintenance Checklist performed); specific information regarding malfunctions encountered including corrective action taken and parts replaced; general comments regarding the condition of the equipment and Machine Room; and items which may require special attention on future visits. The Library's representative may also make entries in the Service Log Book. The Service Log Book will be permanently maintained in the Machine Room and shall be the property of the Library. 5. The Contractor is required to maintain all elevators in good operating condition. It is the intent of the Preventative Maintenance Services Schedule that ALL components and systems of the elevator(s) be visually inspected and cleaned regularly once a month. It is further intended that all components and systems of each elevator will be cleaned, lubricated, and adjusted to the Manufacturers Specifications at the Manufacturers' recommended frequency or once per year, whichever is the shorter period. A copy of the documented maintenance shall be made available to the Library upon request. G. INSPECTION OF CONTRACTOR S PERFORMANCE 1. The Library reserves the right to perform tests deemed advisable to ascertain that the requirements of this Contract are being fulfilled. Should it be found that the standards herein specified are not being satisfactorily maintained, the Library may require that the Contractor immediately place the elevator in condition to meet these requirements. The Contractor's failure to comply with such requirements within ten (10) calendar days shall constitute a material breach. 12

14 2. Before the termination date of this Contract, the Library will make, or have made, an inspection to determine whether the Contractor has complied with this Contract in every respect. The Library may consider the Contractor s failure to perform all of the service obligations required under this Contract to be a material breach of this Contract. In addition to any other remedies it may have, the Library may withhold any moneys due the Contractor, or claimed to be due, until the terms of the Contract have been fulfilled and the work of the Contractor accepted by the Library. H. PERFORMANCE REQUIREMENTS 1. Contractor shall notify the Contract Manager or designee two (2) days prior to performing Contract services to coordinate equipment downtime, which may be required. 2. Contractor shall be responsible for assuring that service conducted on or around Library property is performed in a safe, courteous and professional manner, with proper signs posted and that the work area is returned to its original state (i.e., the state of the area at the time of the Contractor's arrival for service), and that the elevator is operational once maintenance/ service is completed. I. PERFORMANCE STANDARDS 1. Performance must conform to the highest standard of good trade practices in the industry, and service rendered promptly and efficiently upon Contract award. 2. Bidders must have the necessary tools, equipment and associated components to maintain the elevator equipment specified herein. Evidence of this requirement shall be submitted to the Library upon request. All costs associated with meeting this requirement shall be the sole responsibility of and be totally borne by the Bidder. 3. For this Contract, normal working hours shall be defined as the hours of 9:00 a.m. to 5:00 p.m., Mondays through Fridays of each week, excluding State Holidays on which all Library offices are closed. J. OTHER REQUIREMENTS 1. Contractor shall not be responsible for refinishing, repairing or replacement of car enclosure, fans, gates, finished floor covering, car lighting, door panels, plenum chambers, hung ceilings, hand rails, mirrors, carpeting, hoistway gates, hoistway enclosure, frames, doors, sills, jack casing, power feeders, switches, their wiring and fusing, hydraulic cylinder, underground piping and smoke or heat sensors. 2. Contractor shall not be responsible for repairs necessitated by the negligence, misuse or vandalism of equipment or any other cause beyond its control except ordinary 13

15 wear and tear. The burden of proof that the cause of elevator malfunction was due to negligence, misuse or vandalism of equipment shall be the responsibility of the Contractor. The elevator shall be taken out of service by the Contractor until the Library inspects the damages and authorizes the work to be completed. 3. Emergency Service. In order to ensure minimum downtime and elevator malfunction, Contractor, when notified or requested, will provide emergency service to restore the elevators to operational status. Contractor will provide the Library with seven (7) day per week (Monday-Sunday), 24 hour per day emergency service. Contractor shall be able to respond to any emergency situation on the job site within 30 minutes of notification. "Emergency Service" is defined as (a) a passenger is stranded in elevator; or (b) the elevator ceases to function three (3) or more hours before the Library is scheduled to close. All requested work shall be expeditiously scheduled and completed to the satisfaction of the Library. 4. Non-emergency repair work shall be performed between the hours of 9:00 a.m. to 5:00 p.m., Monday through Sunday, excluding holidays. Contractor shall respond to all service repair request by telephone within one (1) hour of notification, and will coordinate with the requesting party when Contractor 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. 5. Callbacks. For this Contract, a "Callback" is defined as any malfunction prior to or between scheduled routine maintenance of any elevator, which is caused by failure or malfunction of any part which is covered by this Contract; however, failure of lights, and bells, which do not actually cause the elevator car to function improperly will not require Contractor callback unless the same item is reported for two (2) consecutive weeks. Contractor shall maintain a complete, orderly written record of all callbacks and repairs. These records shall indicate the time, day, difficulty reported and corrective measures taken to eliminate all difficulties. A consolidated report is to be furnished to the Library on the last business day of each month. 6. Access and Maintenance Hours. The Library will provide Contractor with access to the premises. All work is to be performed during regular working days unless otherwise specified herein. 7. Elevators out of Service. Whenever an elevator is put out of service by Contractor, a printed OUT OF SERVICE sign with Contractor's company name on it shall be placed on each elevator hall door on each floor. Contractor shall prevent usage of an out of service elevator by locking the elevator, and if possible, parking the elevator on the 1st floor. K. CONTRACTOR'S EMPLOYEES 1. Contractor shall employ qualified elevator technicians who are skilled in the performance of elevator maintenance. Only those technicians, and technician 14

16 trainees under the direct supervision of the technicians, shall be allowed to perform the maintenance of the equipment. The Library reserves the right to require proof of employment, the number of, and identity of employees to be assigned to this project. Contractor represents and agrees that all Contractor employees performing the services contemplated by this Contract presently have and shall retain all certifications and training necessary to the performance of this Contract. The Library may consider Contractor s failure to secure such training and certification for its employees to be a material breach of this Contract. 2. Contractor shall employ only persons who are legally eligible for employment in the United States to perform services required under this Contract. 3. Contractor shall maintain an adequate number of employees to perform scheduled service operations satisfactorily, and will notify the Library of employee changes on a monthly basis. 4. Each employee of Contractor shall be furnished, by Contractor, with proper identification with both the Contractor s name and the employee s name; such identification must be worn on the outer garment at all times when performing elevator maintenance functions at the Library's premises covered by this Contract. L. INVOICE/BILLING 1. The Montclair Public Library will acknowledge payment upon completion of services, and upon receipt of a proper invoice. Invoices shall not arrive prior to completion of services. The invoice shall include the services that were performed, price, contract number and purchase order number. 2. Invoices shall be mailed within ten (10) working days after work is complete to the address below: M. TRAVEL TIME Montclair Public Library Attention: Lisa Connell 50 S. Fullerton Avenue Montclair, NJ The Library will not pay time or expenses, including gas and tolls, mileage, for traveling to and from the Library or performing services under this Contract. N. PREVAILING WAGE According to N.J.S.A. 34: et seq. P.L. 1963, C.150, effective July 3, 1974; as amended through July 12, 1991, prevailing wages must be paid on public contract work. 15

17 The State of New Jersey Prevailing Wage Determination" for Elevator Modernization & Service is contained in this packet or is available through the website Contractor must submit a Payroll Certification for all work performed when reaching the $15, threshold. Payroll Certifications must accompany each invoice submitted for payment. O. 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 worker s compensation insurance covering all of its employees as required by Applicable Law, and any other insurance required by Applicable Law. P. INDEMNIFICATION Contractor shall indemnify, defend and hold harmless the Montclair Public Library, the Montclair Public Library Board of Trustees, and the Township of Montclair, the respective appointed and elected officials, agents and employees of each, 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 act(s) or omission(s) of Contractor or any one directly or indirectly associated with or responsible to Contractor, regardless of whether such loss is caused in part by a party indemnified hereunder. Q. REPRESENTATIONS, WARRANTIES AND COVENANTS Each party represents, warrants, and covenants to the other that: 1. It will perform all work in a safe and efficient manner using industry-accepted serving practices. 2. It will comply with all requirements of Applicable Law in rendering performance under this Contract. 3. No representations, warranties or covenants are made or have been relied upon by either party other than those expressly set forth herein. R. MODIFICATION No modification or amendment to this Contract and no waiver of any of the provisions or conditions of this Contract shall be valid unless in writing and signed by duly authorized representatives of the Montclair Public Library and Contractor. 16

18 S. TERMINATION If in the opinion of the Montclair Public Library, Contractor is not performing in a satisfactory manner, the Montclair Public Library may at any time during the contract period terminate the Contract by giving thirty (30) days prior written notice to the other party of its intentions terminate due to non-compliance with the terms and conditions of the contract. In the event the Montclair Public Library cancels the Contract, Contractor shall only be entitled to payments for work properly performed and completed. 17

19 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 Full Elevator Bid Packet 14

20 Forms in This Section Must Be Completed & Returned with Bid BIDDERS PROPOSAL FORM ELEVATOR MAINTENANCE & REPAIR SERVICES MONTCLAIR PUBLIC LIBRARY 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 Elevator Maintenance and Repair Services including materials, labor, tools, and/or equipment called for under these specifications complete and in every detail for the following prices: 1. Monthly Maintenance Fee for One (1) Elevator $ 2. Regular Hourly Rate (Mon Fri, 9:00 am to 5:00 pm) $ 3. Weekend & Holiday Hourly Rate $ 4. Emergency Hourly Rate $ 5. Percentage Markup for Parts above Dealer s Cost % 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 Full Elevator Bid Packet 15

21 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 Full Elevator Bid Packet 16

22 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 Elevator Maintenance and Repair Service to the Montclair Public Library when and if the Library 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. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. (Affix Corporate Seal) Signature Dated: a) To be signed if a third party owns the bidder. I certify that owns, which is the subject matter of the bid and that the owner will furnish the goods and services for Elevator Maintenance and Repair Service to the Montclair Public Library when and if the Library 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) Signature Dated: Full Elevator Bid Packet 17

23 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, partnership, or other business entity, who own 10% or more of its stock, or of all individual partners in the partnership, or individual members in the LLC, or owners in an alternative business entity, who own a 10% or greater interest therein (Section I.). If one or more such stockholder, partner, owner is itself a corporation, partnership, LLC, or other business entity, all stockholders, partners, members, or owners 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, or other business entity, is also listed (Section II.). Section I. Name of Corporation/Partnership/LLC/Business Address Name of Corporation/Partnership/LLC/Business Address Name of Stockholder/Partner/Member/Owner Address Name of Stockholder/Partner/Member/Owner Address Name of Stockholder/Partner/Member/Owner Address Use reverse side for additional stockholders/partners/members/owners. Full Elevator Bid Packet 18

24 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 Elevator 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 Full Elevator Bid Packet 19

25 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: Full Elevator Bid Packet 20