FINAL Englewood Bid Specs for 175 S Van Brunt Street Ground Lease.pdf

CITY OF ENGELWOOD, New Jersey

BID SPECIFICATIONS FOR:

175 S Van Brunt Street Ground Space – Lease of a portion of real property (approximately 2,380 SF) owned by the City of Englewood located at 175 S Van Brunt Street, Englewood also known as Block 2411, Lot 1.01.

Prepared by:

William J. Bailey, Esq.

HUNTINGTON BAILEY, L.L.P.

Attorney for City of Englewood 373 Kinderkamack Road Westwood, New Jersey 07675 Telephone: (201) 666-8282 Fax: (201) 666-9625

Issue Date: September 4, 2025

Submission Date: October 15, 2025 at 10:00 AM

ELECTRONIC BIDS MUST BE RECEIVED AT:

BidNet Direct at www.bidnetdirect.com//Englewood http://www.bidnetdirect.com/Englewood

City of Englewood 2-10 Van Brunt Street Englewood, NJ 07631

BID: 175 S Van Brunt Street -

GROUND SPACE

BIDDING DOCUMENTS AND

INSTRUCTIONS TO BIDDERS

FOR THE CONTRACT ENTITLED:

Bid 175 S Van Brunt Street Ground Space – Lease of a portion of real property (approximately 2,380 SF) owned by the City of Englewood located at 175 S Van Brunt Street, Englewood also known as Block 2411, Lot 1.01.

[Note to bidders: The subject property currently has a monople and associated equipment located on it. The monople and associated equipment are not owned by the City and are not included in this lease that is being bid. There is a lease on the subject property that is scheduled to expire on 12/31/25.]

DATE AND TIME OF THE BID OPENING:

October 15, 2025 at 10:00 A.M., prevailing time.

BID OPENING CHECKLIST FOR BIDDERS - Bid 175 S Van Brunt Street Ground Space – Lease of a portion of real property (approximately 2,380 SF) owned by the City of Englewood located at 175 S Van Brunt Street, Englewood also known as Block 2411, Lot 1.01.

DESCRIPTION

INCLUDED IN BID

DOCUMENT

BIDDER MUST

INCLUDE IN BID

Notice to Bidders X Mandatory Affirmative Action Language X

Mandatory Americans with Disabilities Act Language

X

General Instructions to Bidders X Bidders Checklist X X Instructions to Bidders X X Bid Proposal X X Affirmative Action Form X X

Stockholder or Partnership Disclosure Statement

X X

Non-Collusion Affidavit X X Acknowledgement of Receipt of Addenda X X

Iran Disclosure

Russia-Belarus Disclosure

Sample Ground Area Lease Agreement X

Bid Security, if requested, must be submitted prior to Award

New Jersey Business Registration Certificate *to be supplied prior to execution of Lease Agreement

X

This checklist is provided for bidder’s use in assuring compliance with required documentation;

however, it does not include all specifications requirements and does not relieve the bidder of the need to read and comply with the specifications.

Bidder Name:

Date:

Authorized Representative:

Signature:

Print Name & Title:

CITY OF ENGLEWOOD NOTICE

TO BIDDERS

Notice is hereby given that on October 15, 2025 at 10:00 a.m. (prevailing time), electronically sealed bids will be opened and conducted in electronic platform in accord with N.J.A.C. 5:34-1 et. Seq., on BidNet Direct at www.bidnetdirect.com//Englewood at which time and place the sealed bids will be opened publicly and read for the following:

Bid: 175 S Van Brunt Street Ground Space – Lease of a portion of real property

Bids shall be electronically uploaded, no physical bids shall be received, opened or honored.

NOTE:

It is the bidder’s responsibility to ensure that the bid package is delivered by the bid opening date and time. Any bid document received after the deadline established by the Department of Purchasing will not be accepted, regardless of the method of delivery.

Contract documents may be obtained from the bid platform, for zoom opening information contact the Qualified Purchasing Agent at:

Sean P. Canning, QPA scanning@TheCanning Group.org

The City of Englewood does not release the project estimate.

Bidders are required to comply with the requirements of N.J.S.A.10:5-31 et seq. and N.J.A.C. 17:27.

Bid Tabulation:

Bid results will be posted on BidNet Direct at www.bidnetdirect.com//Englewood within 24 hours of the bid opening.

This bid has been advertised in accordance with the “Fair and Open Basis” under the Pay-to-Play Legislation (N.J.S.A. 19:44A-20.5).

Date: September 4, 2025

Robert Hoffmann City Manager mailto:scanning@TheCanningGroup.org

Mandatory Affirmative Action Language 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, sex, affectional or sexual orientation. The Contractor will take affirmative action to ensure that such applicants are recruited and employed and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other 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 (PACO) setting forth provisions of this nondiscrimination clause;

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

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

The Contractor or subcontractor, where applicable, agrees to comply with the regulations promulgated by the Treasurer pursuant to PL 1975, C127, as amended and supplemented from time to time and the Americans with Disabilities Act.

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, sex, affectional or sexual orientation, 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, sex, affectional or sexual orientation, and conform with the applicable employment goals, consistent with the statues 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 (N.J.A.C. 17:27).

Americans with Disabilities Act Mandatory Language Equal Opportunity for Individuals with Disabilities

The Contractor and the City of Englewood (hereinafter the "City") do hereby agree that the provisions of Title II of the Americans with Disabilities Act of 1990 (the "Act"), 42 U.S.C. §12101 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 City 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 City in any action or administrative proceeding commenced pursuant to this Act. The Contractor shall indemnify, protect, and save harmless the City, 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 City's grievance procedure, the Contractor agrees to abide by any decision of the City which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the City or if the City 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 City shall, as soon as practicable after a claim has been made against it, give written notice thereof to the Contractor along with full and complete particulars of the claim. If any action or administrative proceeding is brought against the City or any of its agents, servants and employees, the City shall expeditiously forward or have forwarded to the Contractor every demand, complaint, notice, summons, pleading, or other process received by the City or its representatives.

It is expressly agreed and understood that any approval by the City 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 City pursuant to this paragraph.

It is further agreed and understood that the City 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 City from taking any other actions available to it under any other provisions of this agreement or otherwise at law.

GENERAL INSTRUCTIONS TO BIDDER

1. DEFINITIONS

“Bidder” shall mean any potential lessee submitting a response to the bid entitled Bid: 175 S Van Brunt Street Ground Space – Lease of a portion of real property (approximately 2,380 SF) owned by the City of Englewood located at 175 S Van Brunt Street, Englewood also known as Block 2411, Lot 1.01. All bidders are hereby informed that the subject property currently has a monople and associated equipment located on it. The monople and associated equipment are not owned by the City and are not included in this lease that is being bid.

“Successful Bidder” shall mean the highest qualified, responsible, and responsive Bidder, to whom the City of Englewood awards the contract at issue.

“Lessee”, “Vendor” or “Contractor” shall mean the person or company undertaking the contract at issue.

2. A Prebid meeting for interested bidders: ( ) will be held as follows

(X) will not be held

3. Bidder inquiry as to details of the specifications may be made of:

CONTACT PERSON:

Sean Canning, QPA scanning@TheCanningGroup.org

4. Submitting of Bids:

4.1 The City of Englewood, Bergen County, New Jersey (hereinafter referred to as the "City") invites sealed bids pursuant to the Notice of Bidders.

4.2 All bids must be received on BidNet Direct at

www.bidnetdirect.com//Englewood by the date and time stated in the City of Englewood Notice to Bidders: October 15, 2025 at 10:00 am prevailing time.

No interpretation of the meaning of the Specifications or other contract documents will be made to any bidder orally. Every request shall be in writing addressed to Sean Canning, QPA, scanning@TheCanningGroup.org. Such requests must be received at least five (5) business days prior to the opening of the bid.

4.3 In order to be considered a completed, proper bid, the bidders response must contain the following on standard proposal forms when provided in this document:

i. BID PROPOSAL FORM (STANDARD FORM), complete including total amount of bid and signature.

ii. STOCKHOLDER OR PARTNERSHIP DISCLOSURE STATEMENT (STANDARD FORM), completed and signed.

iii. NON-COLLUSION AFFIDAVIT (STANDARD FORM), completed, signed and notarized.

iv. AFFIRMATIVE ACTION FORM, completed and signed.

v. IRAN DISCLOSURE, completed and signed.

mailto:scanning@TheCanningGroup.org

vi. RUSSIA-BELARUS DISCLOSURE, competed and signed

vii. Other documents as may be indicated on the checklist of the Instruction to Bidder

Cover.

viii. ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA, completed and signed.

ix. The City reserves the right to require a complete financial and experience statement from prospective bidders showing that they have satisfactorily completed work of the nature required before furnishing proposal forms or Specifications or before awarding the Contract.

5. Bid Security

The following provisions shall be applicable to this bid and be made a part of the bidding documents:

5.1 Bid Guarantee

If requested by the City prior to the Award, the Bidder shall submit with the bid a certified check, cashier's check or bid bond in the amount of ten (10%) percent of the first-year bid amount, but not in excess of $20,000, payable unconditionally to the City of Englewood. When submitting a Bid Bond, it shall contain Power of Attorney for full amount of Bid Bond from a surety company authorized to do business in the State of New Jersey and acceptable to the City. The check or bond of the unsuccessful bidder(s) shall be returned as prescribed by law.

The check or bond of the bidder to whom the contract is awarded shall be retained until a contract is executed and the required performance bond or other security is submitted. The check or bond of the Successful Bidder shall be forfeited if the Successful Bidder fails to enter into a contract.

Failure to submit this upon request shall be cause for rejection of the bid.

6. Interpretation and Addenda:

a. No oral interpretation shall be made to any Bidder as to the meaning of any of the contract documents or be effective to modify any of the provisions of the specifications and contract documents.

b. Any supplemental instructions or requirements will be in the form of a written Addendum which will be forwarded to all prospective bidders on record by Fax and/or email not later than five (5) working days prior to the date fixed for the opening of bids. Failure of any bidder to receive addenda shall not relieve the bidder from any obligation under its bid.

c. All Addenda issued prior to bid receipt date must also be signed and returned with the bid.

d. All Addenda issued prior to date of receipt of bids shall become part of the contract documents and included in bid prices.

7. Knowledge of Conditions and Requirements:

a. The proposal by the Bidder shall be made with full knowledge of the conditions and requirements of the specifications, including physical characteristics above, on and below the surface of the ground. The City of Englewood shall not assume any responsibility with respect to ascertaining for the Bidder and/or Contractor the facts of these physical characteristics.

b. The Bidder and/or Contractor shall be held to have made the necessary visits to the Premises as defined herein prior to the time of submission of bids and to have appraised all conditions under which the contract is to be executed.

c. Each Bidder shall make a careful investigation of the site and shall inform themselves thoroughly as to the nature of the work, if any, and surface and underground conditions. No information furnished by representatives of the City upon such matters shall in any way relieve the Bidder from risk or responsibility in fulfilling all of the terms of the contract for the prices bid.

8. Quotations and Bids:

8.1 Lease amounts should be quoted without any Federal or State taxes, as Municipalities are exempt from such taxes.

8.2 Failure of the Bidder to sign the bid or have the signature of an authorized representative or agent on the bid proposal in the space provided may be cause for rejection of the bid.

9. Brand Names, Standards or Quality, Patents

9.1 The Contractor shall hold and save harmless the City, its officers, agents, servants, and employees from any liability of any nature and kind for or on account of the use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention or article furnished or used in the performance of this contract.

10. Award of Bids:

10.1 The City reserves the right to reject any or all bids; to waive any minor discrepancies in the bids or specifications when deemed to be in the best interest of the City.

10.2 The City reserves the right to award equal or tie bids at their discretion to any one of the tie bidders to be chosen by fair random drawing.

10.3 The City reserves the right to award to the highest responsible bidder meeting specifications or to make an award based on the total bid to the bidder whose total sum is the highest monthly rental bid meeting the specifications, and whichever in the awarding authorities' opinion is in the best interest of the City. Without limiting the generality of the foregoing, the City reserves the right to award a contract based on either option that may be described in the bid proposal or based on any combination thereof.

10.4 Should the Bidder, to whom the contract is awarded fail to enter into a contract within ninety

(90) days of award, the City may then, at its option, accept the bid of the next highest responsible Bidder.

11. Insurance:

The successful bidder, at its sole expense, shall obtain and keep in force insurance which may be required by any federal, state or local statute or ordinance of any governmental body having jurisdiction in connection with the operation of Lessee’s business upon the Leased Premises. At a minimum, said insurance shall include Commercial General Liability coverage in an amount not less than $1,000,000 per occurrence and $2,000,000 in the aggregate and shall name Lessor as an additional insured.

The insurance language herein is intended as a guideline, but the City reserves the right to accommodate non-material requests to modify insurance language from Bidders.

12. Financial and Experience Statement:

12.1 The City reserves the right to require a complete financial and experience statement from prospective Bidders, including at a minimum, proof of Federal Communications Commission (FC) licenses, showing that they are licensed and/or have satisfactorily completed work of the nature required before furnishing proposal forms or Specifications or before awarding the contract.

12.2 All persons or firms submitting bids shall be required to be engaged in the lines of work required in these specifications or shall be able to refer to work of a similar nature or character performed by them in the past. Corporations submitting proposals shall be authorized to do business in the State of New Jersey.

12.3 Prior to the award of the contract by the City, the Bidder as well as any indicated Contractor to be employed by the Bidder shall be required to satisfy the City that they will promptly provide suitable and proper workmen and all necessary and proper tools, equipment and materials for each of the different kinds of work that is being proposed.

13. Termination:

13.1 If through any cause the Successful Bidder shall fail to fulfill in a timely and proper manner obligations under this contract or if the Successful Bidder shall violate any of the requirements of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the successful bidder should the successful bidder fail to rectify the situation after reasonable notice.

13.2 The Successful Bidder agrees to indemnify and hold the City harmless from any liability to subcontractors/suppliers for payment for work performed or goods supplied arising out of the lawful termination of the contract by the City under this provision.

14. Hold Harmless:

Any Bidder awarded a lease under these specifications shall indemnify and hold harmless the City, its officers, employees, agents and servants from and against any and all claims, demands, suits, actions, recoveries, judgments, costs and expenses including attorney's fees incurred or suffered on account of property damage or loss and/or personal injury, including loss of life, of any person, agency, corporation or governmental entity which shall arise out of the course of or in consequence to any acts or omissions of the Bidder, its employees, agents, servants or subcontractors in the performance of the work pursuant to these specifications or the failure of the Bidder, its employees, agents, servants or subcontractors to comply with any term or condition of these specifications. The Bidder further agrees that this indemnification by the Bidder shall continue after completion of the lease for all claims, demands, suits, actions, recoveries, judgments, costs and expenses, including attorney's fees resulting from acts or omissions of the bidder, its employees, agents, servants or subcontractors which occur prior to the completion of the lease.

15. Non-Collusion Affidavit:

The Non-Collusion Affidavit, which is part of these specifications, shall be properly executed and submitted intact with the proposal.

16. Statement of Corporate Ownership:

Chapter 33 of the Public Laws of 1977 provides that no corporation or partnership shall be awarded any contract for the performance of any work or the furnishing of any materials or supplies, unless, prior to the receipt of the bid or accompanying the bid said corporation or partnership, there is submitted a statement setting forth the names and addresses or all stockholders in the corporation or partnership who own a ten (10%) percent or greater interest therein. Said Statement shall be completed and attached to the bid proposal. If any stockholder or partner has been previously convicted of a crime of bribery (or other financial crime), then such bidder shall not be a responsible bidder.

17. Non-Discrimination:

There shall be no discrimination against any employee engaged in the work pursuant to any contract resulting from this bid, or against any applicant to such employment because of race, creed, color, national origin or ancestry, sexual or affectional preference or handicap. This provision shall include, but not be limited to the following: employment upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rate of pay or other forms of compensation and selection for training, including apprenticeship. The Contractor shall insert a similar provision in all subcontracts for services to be covered by any contract resulting from this bid.

18. Statutory and Other Requirements:

a. Required Affirmative Action Evidence

No Vendor may be awarded a contract unless they comply with the Affirmative Action regulations of P.L. 1975, C. 127 (N.J.A.C. 12:27 et seq).

i. Procurement, Professional and Service Contracts

All successful Vendors must submit prior to the date of award one of the following:

(a) a letter from the U.S. Department of Labor that the Contractor has an existing federally approved or sanctioned Affirmative Action Program; or

(b) a Certificate of Employee Information Report approval;

If Vendor does not have either of the above, the public agency is required to provide the Vendor with an initial Affirmative Action Employee Information Report (Form AA- 302).

b. Americans with Disabilities Act of 1990

All Vendors must comply with Title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101).

c. Alternative Dispute Resolution

All disputes arising under this contract shall be submitted to the alternate dispute resolution procedures of meditation or non-binding arbitration pursuant to N.J.S.A. 40A:12-1, et seq.

d. Worker and Community Right to Know:

The manufacturer or supplier of a substance of mixture shall supply the Chemical Abstracts Service number of all the components of the mixture or substance and the chemical name to the City to assure that every container bears a proper label 315 "Worker and Community Right to Know Act", subsection b, Section 14. Further all applicable Material Safety Data Sheets (M.S.D.S.), a/k/a, hazardous substance fact sheet, must be furnished to the City.

e. Acquisition, Merge, Sale and/or Transfer of Business, etc.

It is understood by all Parties that if, during the life of the lease, the Successful Bidder disposes of his/her business concern by acquisition, merger, sale and/or transfer or by any means convey his/her interest(s) to another party, all obligations are transferred to that new party. In this event, the new owner(s) may be required to submit, when required, a performance bond in the amount of one year of then current lease payments.

f. Governing Law, State and Funding:

This contract shall be governed by and construed in accordance with the laws of the State of New Jersey, including the New Jersey Prevailing Wage Act, N.J.S.A. 34:56-27 and the New Jersey Local Lands and Buildings Law, N.J.S.A. 40A:12-1 et seq.

INSTRUCTIONS TO BIDDERS

1. INTENT

The intent of these specifications is for the City of Englewood to be furnished proposals for the lease of approximately a 2,380SF portion of City property that contains an existing monopole tower and associated equipment (which is not owned by the City and not part of this bid) located at 175 S Van Brunt Street also known as Block 2411 , Lot 1.01 on the Tax Map of the City of Englewood, as set forth on the attached exhibits, hereinafter referred to as "the Premises" for project identified as:

Bid: 175 S Van Brunt Street Ground Space – Lease of a portion of real property

The successful bidder, as determined by the City, shall enter into a lease with the City for approximately a 2,380 SF portion of city property that contains an existing monopole and associated equipment located at 175 S Van Brunt Street. The existing monopole and associated equipment are not owned by the City and are not part of the lease. Only the property on which these items are located is being offered for lease. The terms of the lease shall be the bid terms submitted and approved by the City. Currently, there is a lease on the subject property which is scheduled to expire on 12/31/2025.

2. SPECIFICATION DETAILS

2.1 Site.

The Premises will consist of approximately 2,380 SF of a parcel of land, owned by the City of Englewood located 175 S Van Brunt Street, also known as Block 2411, Lot 1.01.

2.2 Leased Area design.

The Successful Bidder shall arrange for itself commercial power service and telco entrance facilities, if necessary. It will be the responsibility of the Successful Bidder to determine the adequacy of the site and subsurface conditions.

2.3 State and Federal requirements.

Successful Bidder’s equipment, if any, shall meet or exceed current standards and regulations of the FAA, the FCC, and any other Agency of the State or Federal government with the authority to regulate communications equipment.

2.4 Fencing and landscape.

N/A

2.5 Lighting.

If lighting is required for the equipment area, the lighting alternatives and design shall cause the least disturbance to the surrounding properties and views, shall only be activated by a manual switch which includes auto-shutoff/timer functionality, and shall be subject to the approval by the City.

3. TERMS AND CONDITIONS

3.1 Lease agreement.

The Successful Bidder shall be required to enter into a Lease Agreement with the City in substantially the form attached.

3.2 Lease Term.

3.2.1 The initial lease term(s) shall ten (10) years with two (2) five (5) year renewal options, for a maximum of twenty (20) years.

3.2.2 Abandonment or termination - upon termination or abandonment of the installation, the City shall have the right to require the removal of all improvements and facilities relating to the bidders' operations within 90 days of written notification.

3.3 Design and Construction.

N/A

3.4 Base Rent and Revenue Share

Bids shall be submitted for a minimum monthly base rent of not less than $5,285.00 per month with annual CPI increases. In addition, revenue share for subtenants shall be not less than $1,405 per month.

3.5 Use of premises.

The Successful Bidder shall use the Lease Area as defined in the Sample Ground Lease attached hereto for a monopole and associated equipment.

3.6 Assignment and subletting.

The Agreement may be sold, assigned or transferred by the Successful Bidder without any approval or consent of the City to the Successful Bidder's principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of Successful Bidder's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization. As to other parties, the Agreement may not be sold, assigned or transferred without the written consent of the City, which such consent will not be unreasonably withheld, delayed or conditioned.

No change of stock ownership, partnership interest or control of Successful Bidder or transfer upon partnership or corporate dissolution of Successful Bidder shall constitute an assignment hereunder.

3.7 Maintenance, repairs, and utilities.

The Successful Bidder shall, at its own expense, maintain the Premises and all improvements, its equipment and other personal property on the Premises in good working order, condition and repair. The Successful Bidder shall keep the Premises free from debris and anything dangerous, noxious, or offensive nature or which would create a hazard or undue vibration, heat, noise or interference. The Successful Bidder shall also arrange for its own metered electrical service from the local utility company and shall pay all charges for the electricity and other utilities used by it at this site.

3.8 Interference.

The Successful Bidder shall not cause interference to the radio frequency communications operations of the City should any such equipment be installed. Should such interference occur the Successful Bidder shall promptly take all necessary action at no cost to the City to eliminate the cause of said interference including, if necessary, removing and/or relocating equipment causing said interference. Additionally, the City shall not permit the installation of any future equipment at the site which results in technical interference problems with the Successful Bidder's then existing equipment.

3.9 Insurance.

During the term of Lease, the Successful Bidder shall carry, at its sole cost and expense, the insurance required by Paragraph 11 entitled “Insurance” in the General Instructions to Bidder, herein.

3.10 Optional termination.

The City shall have at its sole discretion the option of terminating the Lease if the Successful Bidder loses its licenses to provide communications services for any reason, including, but not limited to, non-renewal, cancellation or expiration of its licenses. The Successful Bidder may terminate the Lease after six (6) months written notice if:

• Changes in Local or State laws and regulations which prevent the Successful Bidder’s ability to operate; and/or,

• FCC ruling or regulation which is beyond the control of the Successful Bidder and further renders the Premises unusable; and/or,

• Technical reasons, including but not limited to height of Tower, frequency allocation and/or signal interference renders the site technically unsuitable.

If the Successful Bidder chooses to terminate the lease agreement for any reason, the Successful Bidder shall remove its equipment as outlined above, and the ground space occupied by the successful bidder, shall be available for the City to lease to other providers.

3.11 Approvals. – N/A

3.12 Default and City's remedies.

It shall be a default if the Successful Bidder defaults in the payment or provision of rent or any other sums to the City when due, and does not cure such default within fifteen (15) days;

or if the successful bidder defaults in the performance of any other covenant or condition and does not cure such other default within thirty (30) days after written notice from the City specifying the default complained of; or if the successful bidder abandons or vacates the Premises; or if the Successful Bidder is adjudicated as bankrupt or makes any assignment for benefits to creditors; or if the Successful Bidder becomes insolvent or the City reasonably believes itself to be insecure. In the event of a default the City shall have the right, at its option, in addition to and not exclusive of any other remedy the City may have by operation of law, without further demand or notice, declare the lease at an end.

3.13 Damage or destruction of Tower.

If the Tower or any portion of the Tower is destroyed or damaged so as to materially hinder effective use of the Tower through no fault or negligence of the Successful Bidder, the Successful Bidder may elect to terminate the Lease Agreement upon forty- five

(45) days written notice to the City. In such event, the Successful Bidder shall promptly remove its antennas and ancillary support equipment and structures from the Premises.

3.14 Site Testing.

City acknowledges that the Successful Bidder, at its option and expense, may perform the following due diligence investigations:

1. Title Search

2. Phase One and Two Environmental Inspections

3. Soil Boring Tests

4. Regulatory filing with the Federal Aviation Administration (FAA), if applicable

5. Other reasonable due diligence as authorized by the City

4. EXCEPTIONS TO SPECIFICATIONS.

Each prospective bidder shall explain fully in writing any proposed exceptions and/or deviation from these specifications. These full explanations shall begin below and additional pages may be inserted as appropriate to provide necessary information required keyed to specification paragraphs:

4.1 Collateral Assignment.

LESSOR hereby (a) consents to the collateral assignment of and granting of a security interest from time to time in favor of any holder of indebtedness borrowed by LESSEE ("Lender"), whether now or hereafter existing, in and to all of LESSEE's right, title and interest in, to and under this Agreement; (b) agrees to simultaneously provide Lender with a copy of any notice of default under the Agreement sent to LESSEE and allow Lender the opportunity to remedy or cure any default as provided for in the Agreement; and (c) agrees to attorn to Lender as if Lender were LESSEE under the Agreement upon the written election of Lender so long as any existing default under the Agreement has been cured as provided thereunder. LESSOR hereby further agrees to permit Lender to remove from the Property any of the collateral in which Lender has been granted a security interest by LESSEE ("Collateral") in accordance with any security documents granted in favor of Lender, provided, however, that Lender shall promptly repair, at Lender's expense, any physical damage to the Property directly caused by said removal.

BID PROPOSAL

TO: City of Englewood ATTN.: Sean Canning, QPA

The undersigned bidder(s) declares that he/she has read the Notice to Bidders, Instructions to Bidders, Affidavits and Specifications attached, that he/she has determined the conditions affecting the bid and agrees, if this proposal is accepted, to furnish and deliver the following:

Bid: 175 S Van Brunt Street Ground Space – Lease of a portion of real property

The bid amount offered per year (minimum $5,285.00 per month with annual CPI increases plus minimum revenue share for subtenants - $1,405 per month) is: $____________________________________________________________________

(write numerically)

______________________________________________________dollars_______ _____cents (write bid amount in words)

The undersigned is a Corporation under the laws of the State of

Partnership Individual having its principal office at:

Check List Enclosures No Bid Response Form

Signed Proposal

Non Collusion Affidavit Bid Security Affirmative Action Form Iran Disclosure Stockholder Disclosure Russia-Belarus Disclosure __ Acknowledgement of Receipt of Addenda

Company Name Address

FED ID. OR SOCIAL SECURITY NO.

TELEPHONE NUMBER SIGNATURE

FAX NUMBER TYPE OR PRINT NAME

DATE TITLE

REQUIRED EVIDENCE

AFFIRMATIVE ACTION REGULATIONS

PUBLIC LAW 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). Prior to the date of the award, the Successful Bidder shall present one of the following:

1. A letter from the U.S. Department of Labor that the Successful Bidder has an existing federally approved or sanctioned Affirmative Action Program.

OR

2. A Certificate of Employee Information Report Approval.

3. If you do not have either of the above, check below:

Please send our company an Affirmative Action form for our completion (A.A.302 Affirmative Action Employee Information Report).

The following questions must be answered by all successful bidders:

1. Do you have federally approved or sanctioned Affirmative Action Program?

Yes No

2. Do you have a State Certificate of Employee Information Report Approval?

Yes _ _ No

You shall submit a photostatic copy of such certificate.

The undersigned Successful Bidder certifies that he is aware of the commitment to comply with the requirements of P.L. 1975, C 127 (N.J.A.C. 17:27) and agrees to furnish the required documentation pursuant to the law. The successful bidder must be rejected as non-responsible if the Successful Bidder fails to comply with the requirements of P.L. 1975, C 127 (N.J.A.C. 17:27) within the time frame. The Affirmative Action Affidavit for Vendors having less then fifty /50) employees is no longer acceptable, a New Jersey Certificate of approval or A.A.302 is required.

Company

Signature

Title

STATEMENT OF OWNERSHIP DISCLOSURE

N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43)

This statement shall be completed, certified to, and included with all bid and proposal submissions.

Failure to submit the required information is cause for automatic rejection of the bid or proposal.

Name of Organization: _

Organization Address:

Part I Check the box that represents the type of business organization:

Sole Proprietorship (skip Parts II and III, execute certification in Part IV) Non-Profit Corporation (skip Parts II and III, execute certification in Part IV)

□For-Profit Corporation (any type) □Limited Liability Company (LLC)

□Partnership □Limited Partnership □Limited Liability Partnership (LLP) other (be specific):

Part II

□ The list below contains the names and addresses of all stockholders in the corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the limited liability company who own a 10 percent or greater interest therein, as the case may be. (COMPLETE THE LIST BELOW IN THIS SECTION)

OR

No one stockholder in the corporation owns 10 percent or more of its stock, of any class, or no individual partner in the partnership owns a 10 percent or greater interest therein, or no member in the limited liability company owns a 10 percent or greater interest therein, as the case may be. (SKIP TO PART IV)

(Please attach additional sheets if more space is needed):

Name of Individual or Business Entity Home Address (for Individuals) or Business Address

Part III DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE

STOCKHOLDERS, PARTNERS OR LLC MEMBERS LISTED IN PART II

If a bidder has a direct or indirect parent entity which is publicly traded, and any person holds a 10 percent or greater beneficial interest in the publicly traded parent entity as of the last annual federal Security and Exchange Commission (SEC) or foreign equivalent filing, ownership disclosure can be met by providing links to the website(s) containing the last annual filing(s) with the federal Securities and Exchange Commission (or foreign equivalent) that contain the name and address of each person holding a 10% or greater beneficial interest in the publicly traded parent entity, along with the relevant page numbers of the filing(s) that contain the information on each such person. Attach additional sheets if more space is needed.

Website (URL) containing the last annual SEC (or foreign equivalent) filing

Paee #'s

Please list the names and addresses of each stockholder, partner or member owning a 10 percent or greater interest in any corresponding corporation, partnership and/or limited liability company (LLC) listed in Part II other than for any publicly traded parent entities referenced above. The disclosure shall be continued until names and addresses of every non-corporate stockholder, and individual partner, and member exceeding the 10 percent ownership criteria established pursuant to N.J.S.A. 52:25-24.2 has been listed. Attach additional sheets if more space is needed.

Stockholder/Partner/Member and Corresponding Entity Listed in Part II

Home Address (for Individuals) or Business Address

Part IV Certification

I, being duly sworn upon my oath, hereby represent that the foregoing information and any attachments thereto to the best of my knowledge are true and complete. I acknowledge: that I am authorized to execute this certification on behalf of the bidder/proposer; that the <name of contracting unit>________________________ "is relying on the information contained herein and that I am under a continuing obligation from the date of this certification through the completion of any contracts with <type of contracting unit> to notify the <type of contracting unit> ______ in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and ifI do so, I am subject to criminal prosecution under the law and that it will constitute a material breach of my agreement(s) with the, permitting the <type of contracting unit> to declare any contract(s) resulting from this certification void and unenforceable.

Full Name (Print): Title:

Signature: Date:

NON-COLLUSION AFFIDAVIT

State of New Jersey

County of ss:

I, residing in (name of affiant) (name of municipality) in the County of and State of of full age, being duly sworn according to law on my oath depose and say that:

I am of the firm of

(title or position) (name of firm) the bidder making this Proposal for the bid entitled , and that I executed the said proposal with (title of bid proposal) full authority to do so that said bidder has not, directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above named project; and that all statements contained in said proposal and in this affidavit are true and correct, and made with full knowledge that the relies upon the truth of the statements

(name of contracting unit) contained in said Proposal and in the statements contained in this affidavit in awarding the contract for the said project.

I further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by

Subscribed and sworn to before me this day Signature

, 20 (Type or print name of affiant under signature)

Notary public of My Commission expires (Seal)

Part 2: Additional Information

Disclosure of Investment Activities in Iran

Person or Entity

Part 1: Certification

COMPLETE PART 1 BY CHECKING EITHER BOX.

Pursuant to Public Law 2012, c. 25, any person or entity that is a successful bidder or proposer, 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 parent entity, subsidiary, or affiliate is identified on the State Department of Treasury's Chapter 25 list as a person or entity engaging in investment activities in Iran. The list is found on Treasury’s website at www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf.

The Chapter 25 list must be reviewed prior to completing the below certification. If a vendor or contractor is found to be in violation of law, action may be taken as appropriate and as may 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.

I certify, pursuant to Public Law 2012, c. 25, that neither the person or entity listed above, nor any parent entity, subsidiary, or affiliate thereof is listed on the N.J. Department of the Treasury’s list of entities determined to be engaged in 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 am authorized to make this certification on its behalf.

I will skip Part 2 and sign and complete the Certification below.

I am unable to certify as above because the person or entity and/or a parent entity, subsidiary, or affiliate thereof is listed on the N.J. Department of the Treasury’s Chapter 25 list. I will provide a detailed, accurate and precise description of the activities in Part 2 below sign and complete the Certification below.

http://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf

PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN.

You must provide a detailed, accurate and precise description of the activities of the person or entity, or a parent entity, subsidiary, or affiliate thereof engaging in investment activates in Iran below and, if more space is needed, on additional sheets provided by you.

Part 3: Certification of True and Complete Information

I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any attachments there 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 City 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 City to notify the City 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 City and that the City at its option may declare any contract(s) resulting from this certification void and unenforceable.

Full Name (Print) Title

Signature Date

CERTIFICATION OF NON‐INVOLVEMENT IN PROHIBITED

ACTIVITIES IN RUSSIA OR BELARUS

Pursuant to N.J.S.A. 52:32-60.1, et seq. (L. 2022, c. 3) any person or entity (hereinafter “Vendori”) that seeks to enter into or renew a contract with a State agency for the provision of goods or services, or the purchase of bonds or other obligations, must complete the certification below indicating whether or not the Vendor is identified on the Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, available here: https://sanctionssearch.ofac.treas.gov/. If the Department of the Treasury finds that a Vendor has made a certification in violation of the law, it shall take any 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.

I, the undersigned, certify that I have read the definition of “Vendor” below, and have reviewed the Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, and having done so certify:

(Check the Appropriate Box)

A.

That the Vendor is not identified on the OFAC Specially Designated Nationals and Blocked Persons list on account of activity related to Russia and/or Belarus.

B. That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially Designated

Nationals and Blocked Persons list on account of activity related to…