Middletown Township Public Schools 834 Leonardville Road, 2nd Floor, Leonardo, NJ (732) Fax (732)

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1 SPECIFICATIONS ATTACHED FOR BID # REPAIR OF EISTING AND INSTALLATION OF NEW CHAIN LINK FENCING FOR MIDDLETOWN PUBLIC SCHOOLS BID DUE: May 11, :00 a.m.

2 NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that sealed bids will be received by Amy P. Gallagher, School Business Administrator/Board Secretary, for the Middletown Township Board of Education, County of Monmouth, State of New Jersey on May 11, 2016 at 11:00 a.m., prevailing time, at the August T. Miner Administrative Offices, 834 Leonardville Rd. 2 nd Floor, Leonardo, NJ at which time and place bids will be opened and read in public for BID # Repair of Existing and Installation of New Chain Link Fencing Specifications and other bid information may be obtained at the August T. Miner Administrative Offices, 834 Leonardville Rd. 2 nd Floor, Leonardo, NJ during regular business hours, 8:00 a.m. 4:00 p.m. Specifications will also be posted on the District website at All proposals must be sealed and addressed to the attention of Amy P. Gallagher., School Business Administrator/Board Secretary. Bids must be submitted by mail or by hand in sealed envelopes and distinctly marked Bid # Repair of Existing and Installation of New Chain Link Fencing, the Name of the Bidder, Date and Time of the Bid, on or before the hour designated. The Board of Education assumes no responsibility for mailed bids that arrive late. Faxed or ed bids will not be accepted. No bidder may withdraw the bid for a period of thirty (30) calendar days from the opening thereof. Bids must be accompanied by a Bid Bond or Certified Check drawn to the order of Middletown Township Board of Education for not less than ten (10%) percent of the amount of bid, not to exceed $20, Bids opened and read shall remain irrevocable for a period of sixty (60) days. It is the intent of the board to award the contract within sixty (60) days of the receipt of bid. Any corporation bidding must provide the name of all stockholders possessing over 10% of the issued stock in the corporation. Bidders are required to comply with the requirements of P.L.1975, c.127 (N.J.A.C. 17:27 et seq.). Bidders must also submit a completed Non-Collusion Affidavit. Bidders are required to comply with the provisions of Chapter 150 of the Laws of 1963 requiring the payment of prevailing wages to workmen engaged upon a public work. Pursuant to P.L. 2004, c.57, effective September 1, 2004, bidders will be required to register with the State and provide the Board of Education with a copy of their Business Registration Certificate. Pursuant to The Public Works Contractor Registration Act PL.1999, C.238, which became effective April 11, 2000, bidders will be required to have registered with the New Jersey Department of Labor and receive a certificate of said Department indicating compliance with the Act. The Board of Education reserves the right to accept or reject any or all bids, or any part of the bid due to any defects of informalities and not adhering to the specifications, or for any other reason as may be deemed best for the interest of the Board of Education. Where applicable, the Board reserves the rights to award the bid in whole or in part. Dated: 4/25/16 Amy P. Gallagher School Business Administrator/Board Secretary 2

3 INSTRUCTIONS TO BIDDERS Bid # Repair of Existing and Installation of New Chain Link Fencing The Middletown Township Board of Education will receive sealed bids up until 11:00 a.m., prevailing time, on May 11, 2016, at the August T. Miner Administrative Offices, 834 Leonardville Road, 2 nd Floor, Leonardo, NJ for Repair of Existing and Installation of New Chain Link Fencing. SCOPE OF WORK This bid is set forth based on the following: Chain Link Fencing: Bids for the items shall be presented for Repair of Existing and Installation of New Galvanized Schedule 40 Chain Link Fencing. The quantities in this section are estimated and solely for bidding purposes. Minimum amount of fencing to be purchased due to installation and/or repair will be 0 (zero); maximum amounts of fencing to be purchased due to installation and/or repair are indicated and are based on total estimated quantities we expect to purchase through June 30, District will purchase Schedule 40 Chain Link Fencing (installed) as needed from the time of bid award through June 30, Therefore, bid prices set forth in this section must be held through June 30, Successful bidder will be required to do the following: 1. Price each item separately as indicated on Contract Bid Sheet. 2. Chain link fence pricing will be bid per linear foot at heights indicated on Contractor Bid Sheet, as well as assembled gates as specified. Fencing per linear foot and assembled gates (1 5/8 piping for gates) include: 2 ½ terminal posts (schedule 40) galvanized steel; 2 line posts(schedule 40) galvanized steel; 1 5/8 top rail SS20 galvanized steel; 2 x 9 gauge galvanized chain link mesh; tension bands and brace bands (beveled and galvanized); all necessary fittings (galvanized steel); including installation for a complete and professional job. Installation must include a minimum of 3 deep and 12 round cement for posts 3

4 using cement grade minimum of 3500 p.s.i. All gates will be priced separately per linear foot according to price(s) submitted on Contract Bid Sheet. 3. All items must be new, not refurbished. 4. Prices include removal and disposal of existing fencing. 5. Removal and disposal of existing fencing, and installation of new fencing as per above Specification (within #2) must begin within two working days of receipt of order, which will be Submitted to the Contractor in Purchase Order form. Prior to the beginning of new installations, a permit must be obtained from the Township of Middletown. The Middletown Board of Education reserves the right to terminate this contract within thirty (30) days of written notice, if work is not started and/or completed within the approved timeframe set forth in the bid specification. 6. Contractor will use only domestic materials as provided for under N.J.S.A. 52:31 52: Full service and workmanship guarantee including cancellation privileges with 30 days written notice. 8. All Bids must be accompanied by the following: Bid Proposal Form Contract Bid Sheet Stockholders Disclosure Statement Non Collusion Affidavit Affirmative Action Statement Americans with Disabilities Act of 1990 Bid Bond and Bid Bond Attachment Chapter 271 Political Contribution Disclosure Form Contractor /Vendor Questionnaire Certification Iran Disclosure of Investment Activities Consent of Surety Public Works Contractor s Certificate Business Registration Certificate 4

5 Contractor Responsibilities Middletown Township Public Schools The contractor shall be responsible for his work and materials until the same is completed and accepted. The contractor shall be responsible for permits prior to the commencement or any and all installation work done for the Board of Education. Should any damage occur to any part or portion of the existing premises or building, or its equipment or to adjoining property, during the performance of the work under this Contract, which might in any way be attributed to this Contractor, his subcontractors, their employees, agents, or in the receipt of delivery of the materials or supplies, or in any other manner, said damages shall immediately be properly repaired and made good without additional charge. Contractor shall not leave the area in an unsafe condition and shall protect work completed overnight from weather conditions as well as vandalism. Contractor will be held responsible for all damages to all areas or otherwise, during operation of project. The successful contractor will be responsible to comply with all NJ Right-To-Know Regulations (NASA 34:5A-1) and OSIER guidelines for safety in the workplace. Pursuant to N.J.S.A. 18A:18A-27 et seq., all bidders on any contract for public work in which the entire cost of the project exceeds $20, must be pre-qualified by the Department of the Treasury, Division of Building and Construction. Basis of Award The contract will be awarded to the lowest responsible bidder on the basis of total linear footage for chain link fencing [1500 ft x $ per linear foot (for 4 ) plus 1500 ft. x $ per linear foot (for 5 ) plus1500 ft x $ per linear foot (for 6 ) plus 1500 ft x $ per linear foot (for 8 ) =$ ] plus total quantity of gates [50 gates x $ per linear foot (for 4 ) plus 50 gates x $ per linear foot (for 5 ) plus 50 gates x $ per linear foot (for 6 ) plus 50 gates x $ per linear foot (for 8 ) ] furnished and installed as indicated on the Contract Bid Sheet. All itemized billing, indicating linear footage of fencing and gates, furnished and installed, will be forwarded for payment to the Administrative Supervisor for District Facilities. 5

6 Insurance The Contractor shall not commence work under this Contract until he has obtained all insurance by the following paragraphs: Proof of insurance must be submitted with this bid. Upon successful award of bid, the Contractor must show proof of insurance endorsing the Middletown Township Board of Education as additional named insured on Contractor s insurance, as follows: A) Workers Compensation and Employers Liability Insurance shall be maintained in force during the life of this Contract, by the Contractor and all subcontractors, covering all employees engaged in performance of this Contract, in accordance with the applicable statute. Workers Compensation Insurance shall be for an amount not less than $1,000,000 Coverage B or $500,000 with an Excess Umbrella. B) General Liability Insurance with limits of not less than $1,000,000 per occurrance/$2,000,000 aggregate shall be maintained in force during the life of the Contract by the Contractor and all subcontractors. C) Automobile Liability Insurance covering Contractor and all subcontractors for claims arising from owned, hired and non-owned vehicles, with limits of not less than $1,000,000 combined single limit. D) If any of the above work is subcontracted, all of the insurance specified above as being required to be furnished by the Contractor, including the same limits and special endorsements as are required for the Contractor (including workers compensation insurance), shall be provided by, or on behalf of, each subcontractor. E) The Board of Education shall be named as an additional named insured on all policies. Proof of Carriage of Insurance The Contractor shall furnish satisfactory proof of the required insurance with this bid proposal. This proof shall consist of three (3) certificates of each insurer insuring the contractor, any and all subcontractors employed on the project under this Contract. The successful bidder shall also furnish revised proof of insurance once a bid is awarded. 6

7 Guarantee All work shall be free from defects in workmanship and materials for a period of one year. All manufacturer s guarantees and warranties shall apply. The Middletown Township Board of Education reserves the right to terminate this contract if timelines or defects in workmanship and materials are found. Bidders are required to comply with the requirements of Chapter 127, Publics Law of 1975 (Equal Opportunity Employer). Bids may not be modified after submittal. Bidder may withdraw bids any time prior to bid opening. Bids will be opened publicly and will be read aloud, and an abstract of the amounts of the bid will be made available after the opening of the bid. The Middletown Township Board of Education shall award contracts or reject any or all bids, or parts thereof, within sixty (60) days unless otherwise agreed to by the parties. The Middletown Township Board of Education reserves the right to waive any informalities in or to reject any and/or all bids, or parts thereof, as may be deemed to be in its best interest. The bidder shall indemnify and hold harmless the Board, its employees and agents for any and all claims, liability, damages and expenses, including reasonable attorney fees arising out of, resulting from or in connection with this bid, which are caused by any error, omission, neglect or intentional act of the Board, its employees and agents. TERM OF CONTRACT This contract shall commence on the date of award and shall terminate one year from the date of award. With the agreement of both parties, the contract may be renewed for an additional three (3) years based upon an annual renewal. Pursuant to N.J.S.A. 18:18A-42 the Index Rate will be applied to determine the annual maximum allowable increase in the terms of the contract. PERFORMANCE BOND Prior to the award of the contract pursuant to this solicitation, the low bidder will be required to provide a Performance Bond to the Middletown Township Board of Education in the amount of one thousand dollars ($1,000). 7

8 BID PROPOSAL FORM Name of Bidder Address Telephone No. ( ) Date TO: RE: Middletown Township Public Schools Bid # Repair of Existing and Installation of New Chain Link Fencing In compliance with your Invitation to Bid and having examined the specifications with related documents the bidder hereby proposes to furnish all items and warranties in accordance with the Contract Documents within the time set forth herein for the above mentioned bid: SIGNED: (General Partner, Authorized Signature) Firm Name By Typed or Printed (Same as Signature) 8

9 CONTRACT BID SHEET Fencing per linear foot includes: 2 ½ terminal posts (schedule 40) galvanized steel; 2 line posts(schedule 40) galvanized steel; 1 5/8 top rail SS20 galvanized steel; 2 x 9 gauge galvanized chain link mesh; tension bands and brace bands (beveled and galvanized); all necessary fittings (galvanized steel); including installation for a complete and professional job. Installation must include a minimum of 3 deep and 12 round cement for posts using cement grade minimum of 3500 p.s.i. MAIMUM ESTIMATED NEEDED: 1500 LINEAR 4 HIGH: $ per linear foot 1500 LINEAR 5 HIGH: $ per linear foot 1500 LINEAR 6 HIGH: $ per linear foot 1500 LINEAR 8 HIGH: $ per linear foot 1500 LINEAR 10 HIGH: $ per linear foot 1500 LINEAR 12 HIGH: $ per linear foot Assembled gates including: 1 5/8 piping; 2 ½ terminal posts (schedule 40) galvanized steel; 2 line posts (schedule 40) galvanized steel; 1 5/8 top rail SS20 galvanized steel; 2 x 9 gauge galvanized chain link mesh; tension bands and brace bands (beveled and galvanized); all necessary fittings (galvanized steel); including installation for a complete and professional job. Installation must include a minimum of 3 deep and 12 round cement for posts using cement grade minimum of 3500 p.s.i. Page 1 of 2 9

10 CONTRACT BID SHEET (continued) MAIMUM ESTIMATED NEEDED: 50 GATES 4 HIGH: $ per linear foot 50 GATES 5 HIGH: $ per linear foot 50 GATES 6 HIGH: $ per linear foot 50 GATES 8 HIGH: $ per linear foot 50 GATES 10 HIGH: $ per linear foot 50 GATES 12 HIGH: $ per linear foot ADDITIONAL ITEMS Removal and Installation of district owned temporary fence (700 feet). $ Total Cost Take down, removal and dispose of district owned fence $ per linear foot Page 2 of 2 10

11 STOCKHOLDER DISCLOSURE STATEMENT Chapter 33, Law of 1977 (Assembly Bill No. 22, Approved March 8, 1977) BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: 1. No corporation or partnership shall be awarded any contract nor shall any agreement be entered into for the performance of any work or the furnishing of any materials or supplies, the cost of which is to be paid with or out of any public funds, by the State, or any county, municipality or school district or any subsidiary or agency of the State, or of any county, municipality or school district, or by any authority, board or commission which exercises governmental functions, unless prior to the receipt of the bid or accompanying the bid, of said corporation or said partnership, there is submitted a statement setting forth the names and addresses of all stockholders in the corporation or partnership who own 10% or more of its stock, or any who own 10% or greater interest therein, as the case may be. If one or more such stockholder or partner is itself a corporation or partnership, the stockholders holding 10% or more of the corporation s stock, or the individual partners owning 10% or greater interest in that partnership, as the case may be, shall also be listed. The disclosure shall be continued until names and addresses of every non-corporate stockholder, and individual partner, exceeding the 10% ownership criteria established in this act, has been listed. I certify that the list below contains the names and home addresses of all of the stockholders holding 10% or more of the issued and outstanding stock of the undersigned. I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned. Partnership Corporation Sole Proprietorship PLEASE CHECK APPROPRIATE BOES ABOVE AND SIGN BELOW. THIS SHEET MUST BE COMPLETED AND INCLUDED WITH YOUR BID. FAILURE TO DO SO WILL RESULT IN DISQUALIFICATION. 11

12 Stockholders Name: Home Address: Name: Home Address: Name: Home Address: Name: Home Address: Name: Home Address: Name: Home Address: Subscribed and sworn before me this day of, 20. (Affidavit) (Notary Public) (Print Name & Title of Affidavit) My Commission expires: (Corporate Seal) THIS SHEET MUST BE COMPLETED AND INCLUDED WITH YOUR BID. FAILURE TO DO SO WILL RESULT IN DISQUALIFICATION. 12

13 NON-COLLUSION AFFIDAVIT State of New Jersey SS: County of I, residing in (name of affidavit) (name of municipality) 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 of the firm of (title position) (name of firm) the bidder making this Proposal for the bid proposal entitled, and that I executed the said proposal with full (Title of Bid Proposal) authority to do so that said bidder had not, directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above named project; and that all statements contained in said proposal and in this affidavit are true and correct, and made with full knowledge that the relies upon the truth of the statements contained in said Proposal (Name of Contracting Unit) and in the statements contained in this affidavit in awarding the contract for the said project. I further warrant that no person or selling agency has been employed or retained to 13

14 solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by. Subscribed and sworn before me this day of, 20. (Type or Print Name of Affidavit Signature) Notary Public of My Commission expires: THIS SHEET MUST BE COMPLETED AND INCLUDED WITH YOUR BID. FAILURE TO DO SO WILL RESULT IN DISQUALIFICATION. 14

15 MANDATORY AFFIRMATIVE ACTION LANGUAGE PROCUREMENT, PROFESSIONAL AND SERVICE CONTRACTS P.L. 1975, c. 127 (N.J.A.C. 17:27) 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 or sex. 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 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 place 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 or sex; The contractor or subcontractor, where applicable, will send to each labor union or representative or workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising that 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 the regulations promulgated by the treasurer pursuant to p.l. 1975, c. 127, as amended and supplemented from time to time. The contractor or subcontractor agrees to attempt in good faith to employ minority and female workers consistent with the applicable county employment goals prescribed by N.J.A.C. 17: promulgated by the treasurer pursuant to p.l. 1975, c. 127, as amended and supplemented from time to time or in accordance with a binding determination of the applicable county employment goals determined by the affirmative action office pursuant to N.J.A.C. 17: promulgated by the treasurer pursuant to p.l. 1975, c. 127, as amended and supplemented from time to time. The contractor or subcontractor agrees to inform in writing appropriate recruitment agencies in the area, including employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices. The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the state of new jersey and as established by applicable federal law and applicable federal court decisions. The contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status or sex, and conform with the applicable employment goals, consistent with the statutes and court decisions of the state of New Jersey, and applicable federal law and applicable federal court decisions. The contractor and its subcontractors shall furnish such reports or other documents to the affirmative action office as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Affirmative Action Office for conducting a compliance investigation pursuant to Subchapter 10 of the administrative code (NJAC 17:27). COMPANY: SIGNATURE: TITLE: THIS SHEET MUST BE COMPLETED AND INCLUDED WITH YOUR BID. FAILURE TO DO SO WILL RESULT IN DISQUALIFICATION. 15

16 AMERICANS WITH DISABILITIES ACT OF 1990 Equal Opportunity for Individuals with Disability The CONTRACTOR and the OWNER do hereby agree that the provisions of Title II of the American With Disabilities Act of 1990 (the ACT ) (42 U.S.C. S12101 et seq.), which prohibits discrimination on the basis of disability by public entities in all services, programs and activities provided or made available by public entities, and the rules and regulations promulgated pursuant thereunto, are made a part of this contract. In providing any aid, benefit, or service on behalf of the OWNER pursuant to this contract, the CONTRACTOR agrees that the performance shall be in strict compliance with the Act. In the event that the Contractor, its agents, servants, employees, or subcontractors violate or are alleged to have violated the Act during the performance of this contract, the CONTRACTOR shall defend the OWNER in any action or administrative proceeding commenced pursuant to the Act. The CONTRACTOR shall indemnify, protect, and save harmless the OWNER, its agents, servants, and employees from and against any and all suits, claims, losses, demands, or damages, of whatever kind or nature arising out of or claimed to arise out of the alleged violation. The CONTRACTOR shall, at its own expense, appear, defend, and pay any and all charges for legal services and any and all costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith. In any and all complaints brought pursuant to the OWNER grievance procedure, the CONTRACTOR agrees to abide by any decision of the OWNER which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the OWNER or if the OWNER incurs any expense to cure a violation of the ADA which has been brought pursuant to its grievance procedure, the CONTRACTOR shall satisfy and discharge the same at its own expense. The OWNER shall, as soon as practicable after a claim has been made against it, give written notice thereof to the CONTRACTOR along with full and complete particulars of the claim. If any action or administrative proceedings is brought against the OWNER or any of its agents, servants, and employees, the OWNER shall expeditiously forward or have forwarded to the CONTRACTOR every demand, complaint, notice, summons, pleading, or other process received by the OWNER or its representatives. It is expressly agreed and understood that any approval by the OWNER of the services provided by the CONTRACTOR pursuant to this contract will not relieve the CONTRACTOR of the obligation to comply with the Act and to defend, indemnify, protect, and save harmless the OWNER pursuant to this paragraph. It is further agreed and understood that the OWNER assumes no obligation to indemnify or save harmless the CONTRACTOR, its agents, servants, employees and subcontractors for any claim which may arise out of their performance of this Agreement. Furthermore, the CONTRACTOR expressly understands and agrees that the provisions of this indemnification clause shall in no way limit the CONTRACTOR S obligations assumed in this Agreement, nor shall they be construed to relieve the CONTRACTOR from any liability, nor preclude the OWNER from taking any other actions available to it under any other provisions of the Agreement or otherwise at law. COMPANY: SIGNATURE: TITLE: THIS SHEET MUST BE COMPLETED AND INCLUDED WITH YOUR BID. FAILURE TO DO SO WILL RESULT IN DISQUALIFICATION. 16

17 REQUIRED EVIDENCE AFFIRMATIVE ACTION REGULATIONS P.L. 1975, C. 127 (N.J.A.C. 17:27) If awarded a contract, all procurement and service contractors will be required to comply with the requirements of P.L. 1975, C. 127, (N.J.A.C. 17:27). Within seven (7) days after receipt of the notification of intent to award the contract or receipt of the contract, whichever is sooner, the contractor should present one of the following to the Business Office: 1. A photocopy of a valid letter from the U.S. Department of Labor that the contractor has an existing federally approved or sanctioned Affirmative Action Plan (good for one year from the date of the letter). OR 2. A photocopy of approved Certificate of Employee Information Report. OR 3. An Affirmative Action Employee Information Report (Form AA302). OR 4. All successful contraction contractors must submit within three days of the signing of the contract an Initial Project Manning Report (AA201) for any contract award that meets or exceeds the Public Agency bidding threshold (available upon request). NO FIRM MAY BE ISSUED A CONTRACT UNLESS IT COMPLIES WITH THE AFFIRMATIVE ACTION REGULATIONS OF P.L. 1975, C The following questions must be answered by all bidders: 1. Do you have a federally approved or sanctioned Affirmative Action Program? YES NO If yes, please submit a copy of such approval. 2. Do you have a Certificate of Employee Information Report Approval? YES NO If yes, please submit a copy of such approval. The undersigned contractor certifies that he is aware of the commitment to comply with the requirements of P.L. 1975, c.127 and agrees to furnish the required documentation pursuant to the law. COMPANY: SIGNATURE: TITLE: Note: A contractor s bid must be rejected as non-responsive if a contractor fails to comply with requirements of P.L. 1975, c. 127, within the time frame. THIS SHEET MUST BE COMPLETED AND INCLUDED WITH YOUR BID. FAILURE TO DO SO WILL RESULT IN DISQUALIFICATION. 17

18 834 Leonardville Road 2nd Floor Leonardo, NJ BID BOND We, the undersigned, as Principal, and, as Surety, are hereby held firmly bound unto the, as Owner, in the penal sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns. WHEREAS, the Principal has submitted a bid for Bid No. NOW, THEREFORE, if said Bid shall be rejected then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such bid; and said surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be signed by their proper officers, the day and year set forth below. Signed and Sealed this day of, 20. Witness Witness Principal Title Surety Title THIS SHEET MUST BE COMPLETED, ATTACHED TO ACTUAL BID BOND, AND INCLUDED WITH YOUR BID. FAILURE TO DO SO MAY RESULT IN DISQUALIFICATION. 18

19 834 Leonardville Road 2nd Floor Leonardo, NJ ACKNOWLEDGMENT OF RECEIPT OF ADDENDA Bid # REPAIR OF EISTING AND INSTALLATION OF NEW CHAIN LINK FENCING The undersigned Bidder hereby acknowledges receipt of the following Addenda: Addendum Number Dated Acknowledged for: (Name of Bidder) By: (Signature of Authorized Representative) Name: Title: 19

20 C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Contractor Instructions Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a fair and open process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c. 271, s.2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the contractor shall disclose contributions to: any State, county, or municipal committee of a political party any legislative leadership committee * any continuing political committee (a.k.a., political action committee) any candidate committee of a candidate for, or holder of, an elective office: o of the public entity awarding the contract o of that county in which that public entity is located o of another public entity within that county o or of a legislative district in which that public entity is located or, when the public entity is a county, of any legislative district which includes all or part of the county The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and 19:44A-16 for more details on reportable contributions. N.J.S.A. 19:44A itemizes the parties from whom contributions must be disclosed when a business entity is not a natural person. This includes the following: individuals with an interest ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in the case of a business entity that is a corporation for profit all principals, partners, officers, or directors of the business entity or their spouses any subsidiaries directly or indirectly controlled by the business entity IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the business entity and filing as continuing political committees, (PACs). When the business entity is a natural person, a contribution by that person s spouse or child, residing therewith, shall be deemed to be a contribution by the business entity. [N.J.S.A. 19:44A-20.26(b)] The contributor must be listed on the disclosure. Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC in an amount to be determined by the Commission which may be based upon the amount that the business entity failed to report. The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor s responsibility to identify the specific committees to which contributions may have been made and need to be disclosed. The disclosed information may exceed the minimum requirement. The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along with a signed cover sheet) may be used as the contractor s submission and is disclosable to the public under the Open Public Records Act. The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in meeting its obligations under the law. NOTE: This section does not apply to Board of Education contracts. 1 N.J.S.A. 19:44A-3(s): The term "legislative leadership committee" means a committee established, authorized to be established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A-10.1) for the purpose of receiving contributions and making expenditures. 20

21 C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Required Pursuant To N.J.S.A. 19:44A This form or its permitted facsimile must be submitted to the local unit no later than 10 days prior to the award of the contract. Part I Vendor Information Vendor Name: Address: City: State: Zip: The undersigned being authorized to certify, hereby certifies that the submission provided herein represents compliance with the provisions of N.J.S.A. 19:44A and as represented by the Instructions accompanying this form. Signature Printed Name Title Part II Contribution Disclosure Disclosure requirement: Pursuant to N.J.S.A. 19:44A this disclosure must include all reportable political contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of the government entities listed on the form provided by the local unit. Check here if disclosure is provided in electronic form. Contributor Name Recipient Name Date Dollar Amount $ 21

22 To be completed and signed below. Return With Bid Contractor/Vendor Questionnaire/Certification Bid Number Bid Date: May 11, 2016 Name of Company Street Address PO Box City, State, Zip Business Phone Number ( ) Ext. Emergency Phone Number ( ) FA No. ( ) FEIN No. Years in Business Number of Employees References Work previously done for School Systems in New Jersey Name of District Address Contact Person/Title Phone Direct/Indirect Interests Vendor Certification I declare and certify that no member of the Middletown Township Board of Education, nor any officer or employee or person whose salary is payable in whole or in part by said Board of Education or their immediate family members are directly or indirectly interested in this bid or in the supplies, materials, equipment, work or services to which it relates, or in any portion of profits thereof. If a situation so exists where a Board member, employee, officer of the board has an interest in the bid, etc., then please attach a letter of explanation to this document, duly signed by the president of the firm or company. I certify that I am not an official or employee of the Middletown Township Board of Education. Gifts; Gratuities; Compensation I declare and certify that no person from my firm, business, corporation, association or partnership offered or paid any fee, commission or compensation, or offered any gift, gratuity or other thing of value to any school official, board member or employee of the Middletown Township Board of Education. Vendor Contributions I declare and certify that I fully understand N.J.A.C. 6A:23A-6.3(a1-4) concerning vendor contributions to school board members. I further certify that I understand that it is a crime in the second degree in New Jersey to knowingly make a material representation that is false in connection with the negotiation, award or performance of a government contract. President or Authorized Agent (Print) SIGNATURE 22

23 To be completed and signed below. Middletown Township Board of Education STATE OF NEW JERSEY DIVISION OF PURCHASE AND PROPERTY DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN Return With Bid Quote Number: Bidder/Offeror: PART 1: CERTIFICATION BIDDERS MUST COMPLETE PART 1 BY CHECKING EITHER BO FAILURE TO CHECK ONE OF THE BOES WILL RENDER THE PROPOSAL NON-RESPONSIVE Pursuant to public Law 2012, c. 25, any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest, under penalty of perjury, that neither the person or entity, nor any of its parents, subsidiaries, or affiliates, is identified on the Department of Treasury s Chapter 25 list as a person or entity engaging in investment activities in Iran. The Chapter 25 list is found on the Division s website at Bidders must review this list prior to completing the below certification. Failure to complete the certification will render a bidder s proposal non-responsive. If the Director finds a person or entity to be in violation of law, s/he shall take action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party. PLEASE CHECK THE APPROPRIATE BO: I certify, pursuant to Public Law 2012, c. 25, that neither the bidder listed above nor any of the bidder s parents, prohibited activities in Iran pursuant to P.L. 2012, c. 25 ( Chapter 25 List ). I further certify that I am the person listed above, or I am an officer or representative of the entity listed above and authorized to make this certification on its behalf. I will skip Part 2 and sign and complete the Certification below. OR I am unable to certify as above because the bidder and/or one or more of its parents, subsidiaries, or affiliates is listed on the Department s Chapter 25 list. I will provide a detailed, accurate and precise description of the activities in Part 2 below and sign and complete the Certification below. Failure to provide such will result in the proposal being rendered as non-responsive and appropriate penalties, fines and/or sanctions will be assessed as provided by law. PART 2: PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN You must provide a detailed, accurate and precise description of the activities of the bidding person/entity, or one of its parents, subsidiaries or affiliates, engaging in the investment activities in Iran outlined above by completing the box below. PLEASE PROVIDE THOROUGH ANSWERS TO EACH QUESTION. Name: Relationship to Bidder/Offeror Description of Activities Duration of Engagement Anticipated Cessation Date Bidder/Offeror Contact Name Contact Phone Number Certification: I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any attachments thereto to the best of my knowledge are true and complete. I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity. I acknowledge that the State of New Jersey is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the State to notify the State in writing of any changes to the answers of information contained herein. I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with the State of New Jersey and the State at its option may declare any contract(s) resulting from this certification void and unenforceable. Full Name (Print): Signature Title: Date: Name of Company: City/State/Zip: 23

24 CONSENT OF SURETY A performance bond will be required from the successful bidder on this project, and consequently, all bidders shall submit, with their bid, a certificate in substantially the following form: To: Re: (Owner) (Contractor) (Project Description) This is to certify that the (Surety Company) will provide to a performance bond in the (Contractor) full amount of awarded contract in the event that said contractor is awarded a contract for the above project. (Authorized Agent of Surety Company) CERTIFICATE OF SURETY MUST BE SIGNED BY AN AUTHORIZED AGENT OR REPRESENTATIVE OF A SURETY COMPANY AND NOT BY THE INDIVIDUAL OR COMPANY SUBMITTING THE BID. 24

25 BID DOCUMENT CHECKLIST for BID # Required By Owner Read, Signed & Submitted Bid Proposal Form Contract Bid Sheet Stockholder Disclosure Certification Non-Collusion Affidavit Mandatory Affirmative Action Language American with Disabilities Act of 1990 Language Bid Bond and Bid Bond Attachment Chapter 271 Political Contribution Disclosure Form Contractor /Vendor Questionnaire Certification Iran Disclosure of Investment Activities Copy of Valid State of New Jersey Public Works Contractor Registration Copy of Valid State of Business Registration Certificate Consent of Surety This form need not be submitted. It is provided for bidder s use in assuring compliance with all required documentation. 25