BOROUGH OF MADISON

MORRIS COUNTY, NEW JERSEY

ON-SITE LOG & BRUSH GRINDING SERVICES

ITB-KO-26-0903-1000

THURSDAY, SEPTEMBER 3, 2026, 10:00 AM

Bidding Documents

Notice to Bidders Table of Contents

Bid Schedule Instructions and General Conditions

Exceptions to Specifications Bid Proposal Form

Statement of Ownership Disclosure Business Registration of Public Contractors

Non-Collusion Affidavit Qualification of Bidder Corporate Resolution Disbarment Affidavit

Workers and Community Right to Know Americans with Disabilities Act

Insurance Requirements Hold Harmless Agreement

Disclosure of Investment Activities in Iran Sample Contract

Affirmative Action Language (Exhibit A) Acknowledgement of Receipt of Changes

Bid Document Submission Check List Detailed Specifications

Borough Council

Robert H. Conley, Mayor John Forte, Council President

Robert E. Landrigan Eric Range

Tom Haralampoudis Melissa Honohan

Debra Coen Raymond M. Codey, Borough Administrator

Robert Duffy, Director of Public Works Matthew J. Giacobbe, Esq., Borough Attorney

EXACT NAME OF BIDDER _____________________________________________

Signature of Official______________________________________________________

THIS PAGE LEFT BLANK INTENTIONALLY

NOTICE TO BIDDERS

BOROUGH OF MADISON, MORRIS COUNTY, NEW JERSEY

ITB-KO-26-0903-1000

NOTICE IS HEREBY GIVEN that sealed bids will be received by the Borough of Madison, County of Morris, State of New Jersey, in the Municipal Courtroom, 1st Floor, Hartley Dodge Memorial Building, 50 Kings Road, Madison, New Jersey, on THURSDAY, SEPTEMBER 3, 2026 AT 10:00 AM prevailing time, and at that time will be publicly opened and read for ON-SITE LOG & BRUSH GRINDING SERVICES. Bid prices shall remain firm for a period of sixty (60) days.

All bids must be submitted on the Proposal Forms furnished by the Borough. Bids on any other forms will not be accepted. Bid documents and specifications can be downloaded online at www.bidnetdirect.com/new-jersey. Bids are also available by emailing purchasing@rosenet.org. Include the name of the bid in the email subject line and your name, company name, phone number, fax number and company address in the body of the email with your request.

Bids shall be addressed to the Borough Clerk, Borough of Madison, Hartley Dodge Memorial Building, 50 Kings Road, Madison, New Jersey 07940.

Each Proposal must be enclosed in a SEALED ENVELOPE, properly endorsed with the name of the Bidder, with the designation "BOROUGH OF MADISON, SEALED BID, ON-SITE LOG & BRUSH GRINDING SERVICES, THURSDAY, SEPTEMBER 3, 2026 AT 10:00AM". Any envelope that is received that is not properly marked causing it to be opened prior to the bid will be invalidated. Bids may be received by the Clerk’s office before the hour designated, if they are mailed or hand delivered in person. The Borough of Madison will not be responsible for any bid that is sent by mail or other form of carrier which is lost or which arrives after the bid date and time, Thursday, September 3, 2026 at 10:00AM.

The Borough of Madison reserves the right to reject any or all bids and to waive any informalities therein and to accept any bid that will be in the best interest of the Borough of Madison according to N.J.S.A. 40A:11-1.

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. Bidders must comply with the requirements of N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43)

RAYMOND M. CODEY, Administrator

TABLE OF CONTENTS

SECTION PAGE

Notice to Bidders 1

Table of Contents 2

Bid Schedule 3

Instructions and General Conditions 4

Exceptions to Specifications 8

Bid Proposal Form 9

Statement of Ownership Disclosure 11

Business Registration of Public Contractors 13

Non-Collusion Affidavit 15

Qualification of Bidder 16

Corporate Resolution 18

Disbarment Affidavit 19

Workers and Community Right to Know 20

Americans with Disabilities Act 21

Insurance Requirements 22

Hold Harmless Agreement 24

Disclosure of Investment Activities in Iran 25

Sample Contract 27

Affirmative Action Language (Exhibit A) 30

Acknowledgement of Receipt of Changes 32

Bid Document Submission Check List 33

Detailed Specifications 34

BID SCHEDULE

• Thursday, August 13, 2026: Release Bid

• Thursday, August 20, 2026 at 10:00AM: Question Deadline. Questions must be emailed to purchasing@rosenet.org or via the methods outlined in the Detailed Specifications.

• Monday, August 24, 2026: Addenda Distribution (if necessary)

• Thursday, September 3, 2026 at 10:00AM: Bid opening

INSTRUCTIONS AND GENERAL CONDITIONS

1. “Authorized Signature”, “Authorized Representative”, “Affiant”, “Official Signature”, “Signature of Official”, “Company Official” and all other similar terms in this document denote the owner or OFFICIAL of the company who is authorized to enter into this contract on the company’s behalf with the Borough of Madison. If the person executing these documents is NOT an owner or official (President, Vice President), a resolution of the company authorizing said individual to execute these documents and the contract MUST be included with the bid submission.

2. The terms ‘vendor’, ‘bidder’ and ‘contractor’ are used interchangeably throughout this text, as are ‘bid’ and

‘proposal’.

3. Bids must be submitted in ink or typewritten only. In all cases where the respondent is asked to “type” the information (i.e. “Type Bidder’s Name”), the respondent should type or print legibly in ink the information requested.

4. The Proposal (cover) sheet should be completed and signed by a company official in order to be accepted by the Borough of Madison as a valid bid.

5. All erasures or corrections must be initialed by each signatory to the proposal.

6. A bid cannot be withdrawn after the expiration of the time set for receiving bids, nor can any changes in price or other details be made by letter, telegram or verbal statement.

7. The Borough of Madison awards contracts or rejects all bids within sixty (60) days. Exception to this schedule would be in accordance with N.J.S.A. 40A:11-24, which provides that “bids of any bidders who consent thereto may, at the request of the contracting unit, be held for consideration for such longer period as may be agreed.” All prospective bidders are advised of this schedule since bids must be firm when bid and must remain so for the sixty (60) days or longer if otherwise agreed to by the Borough of Madison and the bidder.

8. The successful vendor shall not assign, convey, transfer, sublet or otherwise dispose of the contract or any part and/or to any other person, company or corporation without the prior written consent of the Borough of Madison Council.

9. The successful bidder whose bid is accepted will be held responsible for any loss or error arising from his/her failure or misunderstanding of the requirements listed in the specifications.

10. The successful bidder will provide all necessary tools, equipment and power to start and complete the job.

11. After notification of award but prior to execution of a Goods and Services Contract and/or Professional Services Contract, the successful bidder must submit the appropriate Affirmative Action evidence (see Exhibit A following the contract which details the three (3) acceptable types of evidence) to the Borough of Madison.

12. Bidders should sign the attached Non-Collusion Affidavit and have it notarized.

13. Bidders MUST complete and include the Statement of Individuals Owning 10% or More of Stock or

Interest in the Bidder’s Business Entity (Statement of Ownership Disclosure); otherwise the bid will be rejected.

14. The Contractor, by submitting a bid, attests to the fact that neither he nor she, his or her company, nor any subcontractors are prohibited from receiving the award under N.J.S.A. 34A:11-56.38 (regarding State of

New Jersey list of debarred contractors and subcontractors).

15. In the case of equal or tie bids, the Borough of Madison reserves the right to award at its discretion to any one of the tie bidders in any procedure it deems in the best interest of the Borough of Madison.

16. The Borough of Madison is exempt from all taxes including Federal Excise Tax, Transportation Taxes, State Excise and Sales Tax and local taxes.

17. Bid prices are to remain firm for a period of not less than sixty (60) days to allow the Borough of Madison to determine the lowest bid that shall most economically serve the intentions of this bid.

18. It is understood and agreed that all prices bid are firm and not subject to any increase during the life of the contract.

19. Successful bidder(s) shall indemnify and save and keep harmless the Borough of Madison against any and all claims for royalties, patent infringements or suits for information thereon which may be involved in the manufacture or use of the items to be furnished.

20. The Borough reserves the right to waive defects and informalities in any and all bids and also reserves the right to select the successful bidder whose proposal does, in the opinion of the Borough, best meet the needs of the Borough of Madison. The Borough may select the base bid and no options or the base bid and some options.

21. Each proposal must be enclosed in a sealed envelope, properly endorsed with the name of the

Bidder, with the designation "BOROUGH OF MADISON, SEALED BID, ON-SITE LOG & BRUSH GRINDING SERVICES, THURSDAY, SEPTEMBER 3, 2026 AT 10:00AM". If a bidder utilizes delivery service, the outside envelope must state, “SEALED BID, ON-SITE LOG & BRUSH GRINDING SERVICES, THURSDAY, SEPTEMBER 3, 2026 AT 10:00AM” in addition to the inner sealed envelope containing the above-required information. Any envelope that is received that is not properly marked causing it to be opened prior to the bid opening will be invalidated.

22. All equipment purchased by the Borough of Madison shall be non-proprietary.

23. Only manufactured and farm products of the United States, wherever available, shall be used in connection with this undertaking, pursuant to 40A:11-18 of the Revised Statutes of the State of New Jersey.

24. The Contractor shall comply with all New Jersey State and Federal Laws as they pertain to the performance under the contract.

25. Should any differences arise between the contracting parties as to the meaning or intent of these instructions or specifications, the Borough of Madison’s Purchasing Agent’s decision shall be final and conclusive.

26. Where the Borough states a manufacturer’s name, it is to be read as “or approved equal” and it is provided to advise bidders of the standard of the quality and an approved make of equipment. Any bidder bidding alternative equipment shall ensure the unit proposed as an approved equal, at minimum, meets the performance requirements and contains not less than specified requirements.

27. Bidders shall not change or modify any of the Borough of Madison’s requirements listed in this specification.

28. Any prospective bidder who wishes to challenge a bid specification may file such challenges in writing with the contracting agent no less than three (3) business days prior to the opening of the bids. Challenges filed after that time shall be considered void and have no impact on the contracting unit or the award of a specification.

29. The provision or performance of goods or services under this specification and by the successful vendor shall not discriminate on the basis of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex.

30. Bids may be forwarded through the mail. However, the Borough of Madison will not assume responsibility for those bids. It is the bidder’s responsibility for those bids. It is the bidder’s responsibility to see that the bids are presented at the specific room and place designated and on or before the hour appointed. The Borough shall not be responsible for late postal or overnight delivery, nor shall postmark dates or overnight dates be considered in honoring of bids. The Borough shall not be responsible for bidders hand delivering bids that arrive late or to the wrong location.

31. If the bidder bids the price in numbers different from the price in words, the Borough of Madison will consider the price in words as the bidder’s price.

32. The Borough of Madison reserves the right to reject any or all bids according to the law (N.J.S.A. 40A:11- 1).

33. No official, employee or agent of the Borough of Madison is permitted to accept gift(s) from vendors or others conducting business with the Borough of Madison.

34. All materials or services furnished on a Purchase Order are specific and subject to Borough inspection and approval within a reasonable time after delivery at the Madison destination indicated on the Purchase Order. Materials or services other than those specified in this Purchase Order and its attachments shall not be substituted without prior, written authority from the Borough of Madison Administrator or Purchasing Agent. Material rejected will be returned at the vendor’s risk and expense.

35. The Borough of Madison Department Head who receives the item(s) or service(s) is required to sign the

Purchase Order/Voucher, certifying all items were received in full as listed on the Purchase Order.

36. The Borough of Madison does not pre-pay invoices or put down deposits.

37. The Borough of Madison does not pay any late fees, interest charges, or travel fees. Hourly charges start upon arrival at the job site. The Borough will only pay for hours worked – no minimum hours charged.

38. N.J.S.A. 10:2-1. Antidiscrimination provisions. Every contract for or on behalf of the State or any county or municipality or other political subdivision of the State, or any agency of or authority created by any of the foregoing, for the construction, alteration or repair of any public building or public work or for the acquisition of materials, equipment, supplies, or services shall contain provisions by which the contractor agrees that:

• In the hiring of persons for the performance of work under this contract or any subcontract hereunder, or for the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under this contract, no contractor, nor any person acting on behalf of such contractor or subcontractor, shall, by reason of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex, discriminate against any person who is qualified and available to perform the work to which the employment relates;

• No contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee engaged in the performance of work under this contract or any subcontract hereunder, or engaged in the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under such contract, on account of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex;

• There may be deducted from the amount payable to the contractor by the contracting public agency, under this contract, a penalty of $50.00 for each person for each calendar day during which such person is discriminated against or intimidated in violation of the provisions of the contract; and

• This contract may be cancelled or terminated by the contracting public agency, and all money due or to become due hereunder may be forfeited, for any violation of this section of the contract occurring after notice to the contractor from the contracting public agency or any prior violation of this section of the contract.

How the Alternative Equipment or Exceptions to the Specifications Meet the Borough of Madison’s Criteria as Set Forth in the Specifications

Please list any alternative equipment and any exceptions to the specifications for ON-SITE LOG & BRUSH

GRINDING SERVICES.

THE BOROUGH OF MADISON

BID PROPOSAL FORM FOR

The Honorable Mayor and Borough Council:

THE UNDERSIGNED, as bidder, declares that the only person or parties interested in this proposal as principals are as named below, that this proposal is in all respects fair and without collusion or fraud; that he/she has carefully examined the General Conditions, the Specifications, the Contract, the Instructions to Bidders; and that he/she proposes and agrees that, if this proposal is accepted, he/she will enter into a Contract with the Borough of Madison to furnish, deliver, and supply/install all equipment and/or materials, to do and perform all the work and labor required to be furnished and delivered specified in the Bid Specifications and Contract in the manner and time specified, and according to the requirements of the Borough as therein set forth, and that he/she will take as full compensation for furnishing and delivering all materials, equipment and labor called for under these specifications complete in every detail for ON-SITE LOG & BRUSH GRINDING

SERVICES:

Grinding Services, Full Day Rate (means 8 hours machine working time):

$_____________________, _________________________________________ DOLLARS

(Bid Price in Numbers) (Bid Price in Words)

Bid price shall include all costs for mobilization, operation of the excavator, grinder with an operator, removal of ground material, fuel costs, operator costs and other miscellaneous costs.

Note: If the Contractor will be performing one job over multiple days, the work will be charged at the full day rate times the number of days of work. If the final day or any day of the project is not a full day, the work will be charged at the full day rate times the percentage of day worked. Example: if the Contractor inspects the pile and says it will take 2½ days to perform the work, the full day rate will be multiplied by 2.5.

BIDDER TO SUPPLY THE FOLLOWING INFORMATION. THIS INFORMATION MUST BE MADE PART OF

THE PROPOSAL & MUST BE INCLUDED WITH THE SUBMISSION OF THE BID.

1. Grinder Year: _________ Grinder Make: ____________________

Grinder Model: __________________________________________________

2. Excavator Year: ________ Excavator Make: ____________________

Excavator Model: _________________________________________________

BASIS OF AWARD

On-Site Log & Brush Grinding Services will be awarded to the lowest responsive and responsible bidder based on the full day rate.

(continues on next page)

ORIGINAL CONTRACT TERM

One year from date of contract execution.

CONTRACT EXTENSION

The Borough reserves the right to extend this contract at the same rate, terms, conditions and specifications for two one-year periods.

EXCEPTIONS TO SPECIFICATIONS INCLUDED? [ ] YES / [ ] NO

If Yes, include detailed explanation as required on page eight (8).

ARE SUBCONTRACTORS TO BE USED FOR THIS WORK? [ ] YES / [ ] NO

If YES, subcontractors must submit a Business Registration Certificate (BRC) and affirmative action evidence.

The undersigned hereby acknowledges that the following information and/or documents are contained within the bid submittal:

• Statement of Individual(s) Owning 10% or More of Stock or Interest in the Bidder’s Business Entity (Statement of Ownership Disclosure)

The bidder is [ ] an individual; [ ] any form of a Corporation; [ ] any form of a Partnership (check one). If a

Corporation or Partnership, give exact name of firm, also full name of Officer or Partner authorized to sign for it.

Type or Print Legibly Bidder's Name

By_______________________________________ Authorized Signature and Title

Type or Print Legibly Name of Authorized Signature

Bidder's Business Address ___________________________________________________________

Telephone Number ( ) ____________________ Fax Number ( ) ____________________

Email address: _____________________________________

Dated at:_______________________, this__________day of _______________, 20____

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

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 Page #’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

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 Borough of Madison 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 the Borough to notify the Borough 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 if I 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 Borough, permitting the Borough to declare any contract(s) resulting from this certification void and unenforceable.

Full Name (Print): Title:

Signature: Date:

BUSINESS REGISTRATION OF PUBLIC CONTRACTORS

New Jersey Business Registration Requirements

Effective September 1, 2004, all business organizations that do business with a local contracting agency are required to be registered with the State of New Jersey and provide proof of that registration to the contracting agency before the contracting agency may enter into a contract with the business.

All named contractors and subcontractors in a proposal performing work for a local contracting agency must be registered with the State of New Jersey, Department of Treasury, Division of Revenue and must provide proof of all registrations prior to the time a contract or purchase order is authorized or awarded by the Borough of Madison. Failure to submit proof of registration(s) for all named contractors and subcontractors with the bid package may delay the award of a contract until the required proof of registrations are received by the Borough of Madison.

The contractor shall provide written notice to its subcontractors of the responsibility to submit proof of business registration to the contractor.

Before final payment on the contract is made by the contracting agency, the contractor shall submit an accurate list and the proof of business registration of each subcontractor or supplier used in the fulfillment of the contract, or shall attest that no subcontractors were used.

For the term of the contract, the contractor and each of its affiliates and a subcontractor and each of its affiliates [N.J.S.A. 52:32-44(g)(3)] shall collect and remit to the Director, New Jersey Division of Taxation, the use tax due pursuant to the Sales and Use Tax Act on all sales of tangible personal property delivered into this State, regardless of whether the tangible personal property is intended for a contract with a contracting agency.

A business organization that fails to provide a copy of a business registration as required pursuant to section 1 of P.L.2001, c.134 (C.52:32-44 et al.) or subsection e. or f. of section 92 of P.L.1977, c.110 (C.5:12-92), or that provides false business registration information under the requirements of either of those sections, shall be liable for a penalty of $25 for each day of violation, not to exceed $50,000 for each business registration copy not properly provided under a contract with a contracting agency.

Any contractor wishing to register should do the following:

Businesses must complete Form NJ-REG and submit it to the Division of Revenue. The form can be filed online or by mailing a paper form to the Division. Online filing is strongly encouraged.

• Register online at https://www.nj.gov/treasury/revenue/busregcert.shtml

• Download the paper form and instructions at www.nj.gov/treasury/revenue/revprnt.htm

• Call the Division at 609-292-9292 to have a form mailed to you.

• Write to the Division at: Client Registration Bureau, PO Box 252, Trenton, NJ 08646-0252.

Registering as an individual: There is a simplified registration process for individuals doing business with any New Jersey government agency. The form (NJ-REG-A) can be downloaded from the web at https://www.nj.gov/treasury/revenue/pdf/rega.pdf. To obtain a copy by mail, call 609-292-1730, or write to the Division at the Client Registration Bureau, PO Box 252, Trenton, NJ 08646-0252.

Questions about the registration process? Call 609-292-9292.

A Company official's signature is required below to acknowledge that this requirement is read, understood and complied with:

COMPANY: __________________________________________ DATE: ___________

SIGNATURE: _________________________________________________

PRINT NAME & TITLE: ________________________________________

SAMPLES OF THE ONLY TWO ACCEPTABLE BUSINESS REGISTRATION CERTIFICATES

NON-COLLUSION AFFIDAVIT

STATE OF NEW JERSEY )

) ss:

COUNTY OF )

I, ____________________, of the City of ______________ in the County of ______________ and the

State of _____________, of full age, being duly sworn according to law on my oath depose and say that:

I am the of the firm of , the bidder making the Proposal for ON-SITE LOG & BRUSH GRINDING SERVICES, and that I executed the said

Proposal with full authority so to do; that said bidder has not, directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above-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 Borough of Madison and the State of New Jersey rely upon the truth of the statements contained in said Proposal and in the statements contained in this affidavit in awarding the contract for the said service.

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

_____________________________(Name of Contractor) (N.J.S.A. 52:34-15).

Affiant Signature

Type or Print Legibly Affiant Name and Title

Subscribed and sworn to before me this day of , 20____

Notary Public of

My Commission expires:

QUALIFICATION OF BIDDER

1. How many years has your organization been in business as a Contractor under your present name?

2. Have you ever failed to complete any work awarded to you? If yes, please explain.

3. Have lawsuits of any kind been filed with respect to any of your Contracts? Give full details.

4. Has any officer or partner of your organization ever failed to complete a contract handled in his own name?

5. List all contracts which you are now performing or for which you have signed contracts but not started work. Give names and amounts of Contracts and Owners. Attach additional pages if necessary.

6. List all contracts of a similar nature (public, private/commercial, etc.) awarded within the past ten (10) years. Give names and amounts of Contractors and Owners. Attach additional pages if necessary.

7. List all employees that will be assigned work under this contract. Include with the resume a description of experience with contracts of a similar nature, successful completion of training, etc. Attach additional pages if necessary.

6. Indicate method of financing this work if awarded:

7. Please list three (3) references (name, company, complete address, phone #) familiar with your work.

(Attach additional sheets if necessary):

Ref#1:___________________________________________________________________________ Ref#2:___________________________________________________________________________ Ref#3:___________________________________________________________________________

8. Additional remarks to be made here. Attach additional pages if necessary:

I hereby certify that the above information is correct as of this date.

Signed_________________________________________________

Position or Title__________________________________________

Name of Firm____________________________________________

Date___________________________________________________

CORPORATE RESOLUTION

(EVIDENCE OF AUTHORITY TO BIND BIDDER WHERE BIDDER IS A CORPORATION OR PARTNERSHIP)

To: Borough of Madison

RESOLVED, that the following named Officers or Partners:

Be and hereby are authorized and empowered to sign and submit to the Authority the attached Bid and other Bid Submission Documents and further that said Officers or Partners are authorized to execute the Contract and any other agreement or bond or statement necessary to fulfill the obligations required by the Contract Documents incurred by the acceptance of the Borough of Madison of the Bid.

I hereby certify that the above constitutes a true copy of a Resolution or Partnership Agreement passed and approved by the Board of Directors or Partners at a meeting held on the _________ day of _____________, 20_____ .

Signature of Bidder's Authorized Representative:_______________________________________

Title:_______________________________________

Date:_______________________________________

Attested By:

Title:___________________________________

Date:___________________________________

BIDDER'S AFFIDAVIT INDICATING THEY ARE NOT

DEBARRED, SUSPENDED AND DISQUALIFIED

BY THE FEDERAL GOVERNMENT AND STATE OF NEW JERSEY

I, _____________________________, of the City of ___________________ 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 ___________________________________, an officer of the firm of Proposal for the above named work, and that I executed the said Proposal with full authority to do so; that said bidder and/or any parent organization of the bidder or any entity that bidder has a greater than 50 percent ownership interest at the time of making of this bid is not debarred by the federal government from contracting with a federal agency, and is not included on the State of NJ, State Treasurer's List of Debarred, Suspended and Disqualified Bidders and that all statements contained in said Proposal and in this Affidavit are true and correct, and made with the full knowledge that the Borough of Madison relies upon the truth of the statements contained in said Proposal and in the statements contained in the Affidavit in awarding the contract for said work.

The undersigned further warrants that should the name of the firm making this bid and/or parent organization of the bidder or any entity that bidder has a greater than 50 percent ownership interest appear on the State Treasurer's List of Debarred, Suspended and Disqualified Bidders or should the firm and/or any entity that bidder has a greater than 50% ownership interest be debarred by the federal government at any time prior to, and during the life of this Contract, including the Guarantee Period, that the Borough of Madison shall be immediately so notified by the signatory of this Eligibility Affidavit.

The undersigned understands that the firm making the bid as a Contractor is subject to debarment, suspension and/or disqualification in contracting with the State of NJ and the Department of Environmental Protection if the Contractor, pursuant to N.J.A.C. 7:1-5.2, commits any of the acts listed therein, and as determined according to applicable law and regulation.

UEI Code: ____________________

CAGE Code: __________________

Name of Contractor (Type or Print Legibly)______________________________________

Signature/Title_____________________________________________________________

Type or Print Legibly Name of Affiant

Subscribed and sworn to before me this day of , 20____

Signature of Notary

Notary Public of ___________________________

My Commission expires: _____________________

WORKERS AND COMMUNITY RIGHT TO KNOW ACT (N.J.S.A. 34:5A-1 et seq.)

Per N.J.S.A. 34:5A-1 et seq. (Workers and Community Right to Know Act) the State Department of Health has adopted a Workplace Hazardous Substance List (N.J.A.C. 8:59-9) which includes 2051 substances that pose a threat to the health and safety of employees. Therefore, under the provisions of N.J.A.C. 8:59-7, each bidder must furnish the Borough of Madison a "Material Safety Data Sheet" for each product they supply which contains a substance listed on the Hazardous Substance List (N.J.A.C. 8:59-9). These Material Safety Data

Sheets must be submitted to the Borough of Madison upon receipt of bids. The Borough of Madison reserves the right to request that a copy of the applicable Material Safety Data Sheet be forwarded with the delivery of a product to the appropriate department. Furthermore, under the provisions of N.J.A.C. 8:59-5, each product shall have a label affixed or stenciled onto any container that contains such substances and is going to be supplied to the Borough of Madison.

Acknowledgement:

Name of Contractor (Type or Print Legibly)______________________________________

Signature/Title_____________________________________________________________

AMERICANS WITH DISABILITIES ACT

Equal Opportunity for Individuals with Disability

The Contractor and the Borough of Madison do hereby agree that the provisions of Title II of the Americans 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 Borough of Madison 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 Borough of Madison in any action or administrative proceeding commenced pursuant to this Act. The Contractor shall indemnify, protect, and save harmless the Borough of Madison, 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 incurred in connection therewith. In any and all complaints brought pursuant to the Borough of Madison grievance procedure, the Contractor agrees to abide by any decision of the Borough of Madison which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the Borough of Madison or if the Borough of Madison 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 Borough of Madison 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 Borough of Madison or any of its agents, servants, and employees, the Borough of Madison shall expeditiously forward or have forwarded to the Contractor every demand, complaint, notice, summons, pleading, or other process received by the Borough or its representatives.

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

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

Acknowledgement:

Name of Contractor (Type or Print Legibly)______________________________________

Signature/Title_____________________________________________________________

INSURANCE REQUIREMENTS

1. The successful Bidder shall procure, at its own expense, insurance as follows:

A. Workers compensation insurance shall be maintained in full force during the life of the contract, covering all employees engaged in performance of the contract up to the statutorily maximum amount pursuant to N.J.S.A. 34:15-12(a) and N.J.A.C. 12:235-1.6. Employer’s Liability coverage shall also be included with limits of not less than $1,000,000 Each Accident/ $1,000,000 Each Employee/ $1,000,000 Policy Limit.

B. General liability insurance shall be provided with limits of not less than $1,000,000 per occurrence and aggregate for bodily injury, property damage, personal injury and advertising injury, which shall be maintained in full force during the life of the contract. Products/Completed Operations coverage shall also be included.

The general liability policy shall be primary and non-contributory. The Borough shall be named as Additional Insured. Waiver of Subrogation shall be included in favor of the Borough.

C. Commercial Automobile liability insurance covering Bidder for claims arising from owned, hired and non-owned vehicles with limits of not less than $1,000,000.00 Combined Single Limit for bodily injury and property damage, which shall be maintained in full force during the life of the contract. The Borough shall be named as Additional Insured on a primary and non-contributory basis. Waiver of Subrogation shall be included in favor of the Borough.

D. Excess or umbrella coverage with limits of not less than $1,000,000.00 per occurrence and aggregate shall be maintained as shall follow the form of primary general liability, commercial automobile liability and Employer’s Liability insurance coverages, including additional insured, primary and non-contributory and waiver of subrogation provisions of each as required. Any combination of primary and excess policies may be used to satisfy the total limit requirements.

E. Property coverage for your owned, leased, rented or borrowed property and equipment to be used in this agreement. A Waiver of Subrogation shall be included in favor of the Borough.

F. Pollution Liability coverage with limits of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate written on a claims-made form with a retro date prior to the contract commencement date. Waiver of Subrogation shall be included in favor of the Borough.

2. The insurance policies shall be provided by insurance companies authorized to do business in the State of New Jersey and having an A.M. Best Rating of at least “A-, Class VIII.” All insurance required herein shall be maintained in full force and effect during the term of the successful Bidder’s Agreement with the Borough and for a period of not less than 3 years following completion of the work performed. All coverage for the Bidder shall constitute primary coverage over any other applicable insurance.

3. The successful Bidder shall furnish Certificates of Insurance in compliance with these requirements and the Borough may request a certified copy of each policy, including the provisions establishing premiums. All policies shall contain a provision that the policies shall not be changed or canceled prior to thirty (30) days after written notice has been provided by the insurance carrier directly to the Borough. The description on the Certificate of Insurance shall read: “Borough of Madison is included as additional insured for both ongoing & completed operations on the General Liability, as well as Auto Liability coverage, and the associated Umbrella evidenced on this certificate, on a primary & non-contributory basis. A waiver of subrogation applies in favor of the Borough of Madison on all lines of coverage evidenced.”

4. During the term of the Agreement with the Borough, the successful Bidder shall be obligated to renew each and every insurance policy which may expire. In cases where a required insurance policy is cancelled or terminated during its term, the successful Bidder shall immediately procure insurance to replace such policy (or policies) and shall immediately provide all insurance information required by the Borough as proof that the cancelled or terminated policy has been restored or replaced. In the event the successful Bidder fails or refuses to renew its insurance policies, or the coverage is cancelled, terminated or modified so that the insurance does not meet the requirements of the successful Bidder’s Agreement with the Borough, such failure shall constitute default of the successful Bidder’s Agreement with the Borough.

5. Subcontractors shall be required to indemnify the Borough and to provide insurance in precisely the manner and under the circumstances required by the Borough of the Bidder. Bidder shall be responsible to provide all proof of insurance applicable to its subcontractors’ obligation to provide the Borough with additional insurance coverage.

6. Insurance coverage having policy limits in the amounts required by the Borough shall not be construed to relieve the Bidder of its subcontractors from liability in excess of such coverage, nor shall it preclude the Borough from taking such other actions as are available to it under the provisions of this Agreement or otherwise in accordance with then applicable law.

HOLD HARMLESS AGREEMENT

Between: The Borough of Madison, Hartley Dodge Memorial Building, 50 Kings Road, Madison, New Jersey 07940

AND Contractor/Bidder: ___________________________________

Address (not a Post Office Box): ___________________________________

Telephone & FAX No.: ___________________________________

It is understood and agreed the Contractor is:

1. An independent Contractor and not an employee of the Borough of Madison.

2. The Contractor agrees to indemnify and hold harmless the Borough, the Borough Council of the Borough of Madison and all of its officers, agents and employees of and from any and all liability for damages for injury to person and property, including death, and against and from all suits and actions and all costs, damages and changes of whatsoever kind and nature, including attorney's fees to which the Borough may be put for or on account of any injury or alleged injury to person, including death, or property, resulting from the performance of the Contractor's operations under this Contract, or by or in consequence of any neglect or omission of the party of the Contractor in the performance of operations under this Contract, whether such operations, or the absence thereof, be by the Contractor or anyone directly or indirectly employed by the Contractor.

3 . The Contractor shall hold the Borough of Madison harmless for damages to the Contractor's equipment utilized during the term of this contract.

4. The Contractor agrees to provide a Certificate of Insurance with the minimum amounts of insurance to be carried by the Contractor in accordance with the Insurance Requirements section of the bid specifications.

The Certificate of Insurance shall contain a thirty (30) days notice of cancellation whereby the Borough

Clerk will be provided a written notification thirty (30) days prior to the cancellation.

Signed this _________________ day of ________________, 20_____

As the binding act in deed of______________________________________________ Name of Corporation

Authorized signature & title _____________________________________________________________

Print Legibly or Type Authorized signature & title____________________________________________

Witness______________________________________________________________________________

State of New Jersey – Division of Purchase and Property / Borough of Madison, NJ

DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN

Bid/Proposal Name: _________________________________________________________________ Bid/Proposal Due Date: ______________________________________________________________ Bidder/Proposer: ___________________________________________________________________

PART 1: CERTIFICATION

BIDDER/PROPOSER MUST COMPLETE PART 1 BY CHECKING EITHER BOX.

FAILURE TO CHECK ONE OF THE BOXES WILL RENDER THE PROPOSAL OR BID

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 private person / entity, nor any of its parents, subsidiaries, or affiliates, is identified on the Department of the Treasury Chapter 25 list as a private person/entity engaging in investment activities in Iran.

The Chapter 25 list is found on the Division’s website at http://www.state .nj.us/treasury/purchase/pdf/Chapter25List.pdf. Bidder/proposer must review this list prior to completing the below certification. Failure to complete the certification will render proposal or bid non-responsive. If the New Jersey Director of the Division of Purchase and Property finds a person or entity to be in violation of the law, he/she 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 BOX:

I certify, pursuant to Public Law 2012, c. 25, that neither the bidder/proposer listed above nor any of the private entity’s parents, subsidiaries, or affiliates 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.

OR

I am unable to certify as above because the bidder/proposer and/or one or more of its parents, subsidiaries, or affiliates is listed on the Department’s Chapter 25 list.