middletown Tindall_Park_Improvements_-_NJDOT_FY_2024_(Addendum__2_Revision).pdf

SPECIFICATIONS

FOR

TINDALL PARK IMPROVEMENTS - NJDOT FY 2024

Contract: 2026-Bid-23

Township of Middletown

Middletown, NJ 07748

RELEASE DATE: July 29, 2026

DEADLINE FOR QUESTIONS: August 4, 2026

RESPONSE DEADLINE: August 27, 2026, 10:00 am

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/middletownnj

1. INTRODUCTION

1.1. Summary

The Township is seeking bids for full width resurfacing and widening of the existing pave trail system, with base course repairs as directed, construction of a new paved trail area, installation of electrical conduit and lighting improvements, installation of “StoryWalk” areas, drainage improvements, as well as all other Work of any type or description necessary for contemplation of the Project.

1.2. Timeline

Release Project Date July 29, 2026

Question Submission Deadline August 4, 2026, 4:00pm

Proposal Submission Deadline August 27, 2026, 10:00am

Township of Middletown Town Hall - Conf. Rm 1A 1 Kings Highway Middletown, NJ 07748

2. ADVERTISEMENT

ADVERTISEMENT FOR BIDS

NOTICE IS HEREBY GIVEN that sealed bids entitled:

Contract Name: Tindall Park Improvements - NJDOT FY 2024 Contract No.: 2026-Bid-23

Will be received by the Township of Middletown, New Jersey at the Municipal Complex, 1 Kings

Highway, Middletown, NJ 07748, until 10:00 am prevailing time on Thursday, August 27, 2026, at which time the submissions received will be publicly opened and read aloud in the presence of one or more of the following, Township Administrator, or his designees. No bids will be accepted after said prevailing time and day.

The proposed work consists of: full width resurfacing and widening of the existing pave trail system, with base course repairs as directed, construction of a new paved trail area, installation of electrical conduit and lighting improvements, installation of “StoryWalk” areas, drainage improvements, as well as all other

Work of any type or description necessary for contemplation of the Project.

Contract documents may be obtained through the Township procurement portal at https://procurement.opengov.com/portal/middletownnj.

Bids must be submitted through the procurement portal. Hard copies of bids will not be accepted.

Invitation For Bid #2026-Bid-23 Title: Tindall Park Improvements - NJDOT FY 2024

Each bid must be accompanied by a cashier's check, certified check, Proposal Bond, or eBond for an amount equal to ten percent (10%) of the bid or a maximum of $20,000.00. Such certification is to be without condition or qualification, and the check made payable to The Township of Middletown. Each bid must also be accompanied by an agreement to become Surety, properly executed by a Surety

Company authorized to do business in the State of New Jersey and which agreement shall be attached to the proposal.

When applicable, any response to the invitation to bid shall use unit concrete products that utilize carbon footprint-reducing technology whenever technically feasible.

All bidders shall be required to comply with N.J.S.A. 10:5-31, et seq. and N.J.A.C.17: 27, requiring each bidder and each subcontractor to formulate and submit to the proper authorized representative of the State of New Jersey an affirmative action program of equal opportunity, which guarantees minorities employment in all categories.

If a bidder is a corporation, Subchapter S corporation, partnership, limited partnership, or limited liability partner or company the bidder, in conformance with N.J.S.A. 52:25-24.2 et seq., shall submit with its bid a statement setting forth the names and addresses of all stockholders who own a ten percent (10%) or greater interest in the firm.

All bidders are advised of the penalties for false, deceptive, or fraudulent statements as required by

N.J.S.A. 40A:11-33 through -34.

The Project shall conform to the Local Public Contract Law, N.J.S.A. 40A:11-1 et. seq. The Township reserves the right to reject bids in accordance with N.J.S.A. 40A:11-13.2.

The contract shall not be approved until a favorable eligibility determination has been made by the New

Jersey Department of Transportation.

3. INSTRUCTIONS FOR ELECTRONIC BID SUBMISSION

The Township is accepting electronic bid submissions with OpenGov by following the instructions below. The Township will NOT accept paper bids.

• Sign up for a FREE account at https://procurement.opengov.com/signup

• Once you have completed account registration, browse back to this page:

https://procurement.opengov.com/portal/middletownnj

• Click on the bid of interest, then click "Draft Response".

• Follow the instructions to submit the electronic bid.

It is important to note that this process should be completed well in advance of the bid deadline/bid opening. DO NOT WAIT UNTIL THE LAST MINUTE. The Township's electronic submission system will not allow electronic bids to be submitted once the deadline has passed, even if you've already started the process. The deadline is based on the countdown timer found on the OpenGov bid submission page.

4. INSTRUCTIONS FOR BID BOND & SURETY

SUBMISSION

The Township has an account with Surety2000 an online bid bond/surety program. Use of these platforms is fee-based and bidders can utilize the platform to obtain an electronically issued, verified, and legal bid bond and consent of surety which can be used for bidding purposes.

To use Surety2000, please use this link to access the site: www.surety2000.com.

BID GUARANTEE. When required as indicated in the bid, the bidder shall submit with the bid a certified check, cashier’s check, bid bond, or e-bond using Surety2000 in the amount of ten percent (10%) of the total price bid, but not in excess of $20,000.00, payable unconditionally to the owner. When submitting a Bid Bond it shall contain Power of Attorney for the full amount of the Bid Bond from a

Surety Company authorized to do business in the State of New Jersey and acceptable to the owner. The check or bond of the unsuccessful bidder(s) shall be returned pursuant to NJSA40A:11-24a. 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 security is submitted. The check or bond of the successful bidder shall be forfeited if the bidder fails to enter into a contract pursuant to NJSA 40A:11-21.

CONSENT OF SURETY. When required as indicated in the bid, the bidder shall submit with the bid a

Certificate (Consent) of Surety with Power of Attorney for the full amount of bid price from a Surety

Company authorized to do business in the State of New Jersey, and acceptable to the owner stating that it will provide said bidder with a Performance Bond in the full amount of the bid. This certificate shall be obtained in order to confirm that the bidder to whom the contract is awarded will furnish Performance and

Payment Bonds from an acceptable surety company on behalf of said bidder, any or all subcontractors, or by each respective subcontractor, or by any combination hereof which results in performance security equal to the total amount of the contract, pursuant to NJSA 40A:11-22.

The Consent of Surety shall include a valid Power of Attorney authorizing the Attorney-in-Fact to execute the documents. Failure to submit a Consent of Surety form when required shall result in the rejection of the bid.

1. Instructions for submitting a Bid Guarantee & Consent of Surety from a surety/bond company

a. Upload both the completed bid bond, surety company certificate, and supplemental information as an attachment to the related question in the vendor questionnaire. A physical copy is not required to be submitted along with your electronic submission.

2. Instructions for Bidders submitting a Bid Guarantee and Consent of Surety through

Surety2000

a. Log in, or register for an account with Surety2000 here:

https://dashboard.surety2000.com/#/login

b. You will need to use your Federal Tax ID number to obtain the bond/surety. The Township does not provide an ID number for each project.

c. IMPORTANT: Your agent will need to upload your consent of surety and related supporting documents to the "attachments" section in Surety2000 with your bond. Surtey2000 will not automatically provide a consent of surety. A consent of surety form is included in the vendor questionnaire.

d. Upload a copy of the confirmation of the filing of the electronic bond to the question titled

"Bid Guarantee & Consent of Surety" in the vendor questionnaire.

e. Proceed to the "Electronic Filing of Bid Guarantee" question and input your bond's serial number.

3. Instructions for Bidders submitting a cahiers check or certified check and the bond of an individual as Bid Guarantee & Consent of Surety

a. The guarantee & Consent of Surety must be physically received by the date and time stipulated for the receipt of bids in the bid documents in a sealed envelope CLEARLY marked with the name of the bid and date and time of the bid opening.

b. If submitting a cashiers check, certified check, or bond of an individual:

i. An image of the check/bond & consent of surety must be included with the bid or proposal submitted through the OpenGov platform as an attachment to the related question in the vendor questionnaire.

ii. The physical check/bond & consent of surety must be submitted to the local unit in a sealed envelope clearly marked as part of the bid response as noted above.

c. Bid Security & Consent of Surety may be mailed or hand delivered to the following address:

Attn: Central Purchasing

Tindall Park Improvements - NJDOT FY 2024

1 Kings Highway

Middletown, NJ, 07748

d. The Bid Guarantee & Consent of Surety may also be hand delivered at the public bid opening and must be received no later than the date and time stipulated for the receipt of bids in the bid documents.

i. It is highly suggested that all bid guarantees & consents of sureties are delivered to

Central Purchasing BEFORE the date and time stipulated for the receipt of bids in the bid documents.

ii. The Township is not responsible for late submissions and no consideration will be made for a bid security and/or consent of surety received after the date and time stipulated in the bid documents even if you have completed your bid online.

5. DEFINITION OF TERMS

5.1. DEFINITIONS

Whenever in these specifications and contract, the following terms or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows:

5.2. BID BOND

A guarantee payable to the Middletown Township that if the contract is awarded to a bidder, he will enter into a contract therefore and will furnish any performance bond or other security required as a guarantee or indemnification which may be in the form of a bond of a licensed surety company, cashier’s or certified check for 10% of the amount bid.

5.3. BIDDER

Any individual, firm or corporation submitting a proposal for the work contemplated, acting directly or through a duly authorized representative.

5.4. CONSENT OF SURETY

A certificate from a licensed surety company on the form attached to these specifications and called

“consent of surety” that it will provide the contractor with a contract bond in amount equal to 100% of the contract price.

5.5. CONTRACT

The agreement covering the performance of the work and the furnishing of materials in the construction of the work. The “Contract” shall include the “Proposal”, “Instruction to the Bidders”, “Plans”, “Specifications”, “Contract Bond”, and all supplemental agreements which may be subsequently entered into to complete the construction of the work in a substantial and acceptable manner.

5.6. CONTRACTOR

The party of the second part to the contract, acting directly or through his agents or employees, and who is primarily liable for the payments of all debts pertaining to and for the acceptable performance of the work for which he had contracted.

5.7. CONTRACT BOND

The approved form of security furnished by the Contractor and his surety as a guaranty of good faith on the part of the Contractor to execute the work in accordance with the terms of the Contract.

5.8. ENGINEER

The engineer of the municipality or his duly authorized representative acting within the scope of particular duties assigned to him or the authority given him.

5.9. INSPECTOR

The authorized representative of the Engineer, assigned to make any or all necessary inspections of work performed and material furnished by the Contractor as defined in the specifications.

5.10. MUNICIPAL OFFICIALS

The Governing Body of the Municipality or District in which the work contemplated is to be performed.

5.11. OWNER

The municipality of the governing body for whom the contemplated work is to be performed.

5.12. PAVEMENT

The combined foundation and surface courses when considered a single unit.

5.13. PLANS AND DRAWINGS

All drawings or reproductions of drawings pertaining to the construction of the work and its appurtenances.

5.14. PROPOSAL

The approved prepared form when properly executed which the bidder submits as his proposal for the work contemplated.

5.15. ROADBED

That portion of the roadway which forms the earth foundation for the pavement.

5.16. SPECIFICATIONS

The directions, provisions, and requirements contained herein, together with all written agreements made or to be made pertaining to the method and of performance of the work, or the quantities or qualities of materials to be furnished under the contract.

5.17. STREET

The whole right of way, which is or may be owned by the Municipality, including roadway and sidewalk area.

5.18. SUB-BASE

Materials placed in the roadbed to give it the required stability.

5.19. SUB-GRADE

The surface upon which the pavement is placed.

5.20. SURETY

The corporate body which is bound with and for the Contractor, and which engages to be responsible for his debts pertaining to and for his acceptable performance of the work for which he has contracted.

6. INSTRUCTIONS TO BIDDERS

6.1. SUBMISSION OF BIDS

A. Sealed bids shall be received by the Township of Middletown, herein referred to as “owner” in accordance with the public advertisement as required by law, with a copy of said notice being attached hereto and made a part of these specifications.

B. Sealed bids shall be received electronically by the designated representative at the time and location of bid opening as stated in the Notice to Bidders, and at such time and place will be publicly opened and read aloud.

C. It is the bidder’s responsibility to present bids to the owner prior to or at the time, and in the manner designated. Bids must be submitted through the Township's electronic bid portal located here:

https://procurement.opengov.com/portal/middletownnj.

D. Sealed bids forwarded to the owner before the time of opening of bids may be withdrawn upon written application of the bidder, via certified mail, who shall be required to produce evidence showing that the individual is or represents the principal or principals involved in the bid. Once bids have been opened, they shall remain for a period of sixty (60) calendar days unless an extension is agreed to by the “owner” and the bidder(s).

E. More than one bid from an individual, a firm or partnership, corporation or association under the same names shall not be considered.

F. All prices and amounts must submitted via the pricing tables included with each bid document. Bids containing any conditions, omissions, unexplained erasures or alterations, items not called for in the bid proposal form, attachment of additive information not required by the specifications, or irregularities of any kind, may be cause for rejection by the owner in accordance with applicable law.

G. Bidder should be aware of the following statutes that represent “Truth in Contracting” laws:

• NJSA 2C:21-34, et seq. governs false claims and representations by bidders. It is a serious crime for the bidder to knowingly submit a false claim and/or knowingly submit a false claim and/or knowingly make material misrepresentation.

• NJSA 2C:27-10 provides that a public servant commits a crime if said public servant solicits or receives a benefit directly or indirectly, for an official act performed or to be performed by a public servant, which is a violation of official duty.

• NJSA 2C:27-11 provides that a bidder commits a crime if said person, directly or indirectly, confers or agrees to confer any benefit not allowed by law to a public servant.

• Bidder should consult the statutes or legal counsel for further information.

H. Pay-to-Play Disclosure- Business entities are advised of their responsibility to file an annual disclosure statement of political contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to NJSA19:44A-20-27 if they receive contracts in excess of $50,000 from public entities in a calendar year. Business entities are responsible for determining if filing is necessary, Additional information on this requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.

6.2. IN GENERAL

1. FAMILIARITY WITH PROPOSED WORK.

By submitting a Bid, the Bidder covenants and agrees that he has satisfied himself from his own investigation of the conditions to be met, that he understands fully his obligations and that he will not make any claim nor have any right to cancellation or relief of the Contract because of any misunderstanding or lack of information

2. INTERPRETATIONS AND ADDENDA.

A. The bidder understands and agrees that its bid is submitted on the basis of the specifications prepared by the owner. The bidder accepts the obligation to become familiar with these specifications.

B. Bidders are expected to examine the specifications and related bid documents with care and observe all their requirements. Ambiguities, errors or omissions noted by bidders should be promptly reported in writing to the appropriate official. Any prospective bidder who wishes to challenge a bid specification shall file such challenges in writing with the contracting agent no less than three 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 of the award of a contract pursuant to NJSA 40A:11-13. In the event the bidder fails to notify owner of such ambiguities, errors or omissions, the bidder shall be bound by the requirement of the specifications and the bidder’s submitted bid.

C. No oral interpretation and or clarification of the meaning of the specifications for any goods and services will be made to any bidder. Such requests shall be in writing via the e-procurement portal, under the tab named "Question & Answer." In order to be given consideration, a written request must be received by the date and time indicated in the bid.

D. All interpretations, clarifications and any supplemental instructions will be in the form of written addenda to the specifications and will be distributed to all prospective bidders via the e-procurement portal. All addenda so issued shall become part of the specification and bid documents and shall be acknowledged by the bidder in the bid by completing the Acknowledgement of Receipt of Addenda form.

The owner’s interpretations or corrections thereof shall be final.

E. Pursuant to NJSA 40A:11-23(c) when issuing addenda, the owner shall provide required notice prior to the official receipt of bids to any person who has submitted a bid or who has received a bid package.

3. PRESENTATION OF BIDS. All Bids become the property of the Township. No Bid may be withdrawn after the time fixed for the opening of Bids. Bids received after the opening of Bids has commenced will be returned, unopened, to the Bidders.

4. INSTRUCTIONS FOR ELECTRONIC SUBMISSION.

The Township is accepting electronic bid submissions with OpenGov by following the instructions below. The Township will NOT accept paper bids.

• Sign up for a FREE account at https://procurement.opengov.com/signup

• Once you have completed account registration, browse back to this page:

https://procurement.opengov.com/portal/middletownnj

• Click on the bid of interest, then click "Draft Response".

• Follow the instructions to submit the electronic bid.

It is important to note that this process should be completed well in advance of the bid deadline/bid opening. DO NOT WAIT UNTIL THE LAST MINUTE. The Township's electronic submission system will not allow electronic bids to be submitted once the deadline has passed, even if you've already started the process. The deadline is based on the countdown timer found on the OpenGov bid submission page.

6.3. DOCUMENTS REQUIRED WITH BID

The Township has an account with Surety2000 an online bid bond/surety program. Use of these platforms is fee-based and bidders can utilize the platform to obtain an electronically issued, verified, and legal bid bond and consent of surety which can be used for bidding purposes.

To use Surety2000, please use this link to access the site: www.surety2000.com.

1. BID GUARANTEE. When required as indicated in the bid, the bidder shall submit with the bid a certified check, cashier’s check, bid bond, or e-bond using Surety2000 in the amount of ten percent (10%) of the total price bid, but not in excess of $20,000.00, payable unconditionally to the owner. When submitting a Bid Bond it shall contain Power of Attorney for the full amount of the Bid Bond from a

Surety Company authorized to do business in the State of New Jersey and acceptable to the owner. The check or bond of the unsuccessful bidder(s) shall be returned pursuant to NJSA40A:11-24a. 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 security is submitted. The check or bond of the successful bidder shall be forfeited if the bidder fails to enter into a contract pursuant to NJSA 40A:11-21.

2. CONSENT OF SURETY. When required as indicated in the bid, the bidder shall submit with the bid a Certificate (Consent) of Surety with Power of Attorney for the full amount of bid price from a Surety

Company authorized to do business in the State of New Jersey, and acceptable to the owner stating that it will provide said bidder with a Performance Bond in the full amount of the bid. This certificate shall be obtained in order to confirm that the bidder to whom the contract is awarded will furnish Performance and

Payment Bonds from an acceptable surety company on behalf of said bidder, any or all subcontractors, or by each respective subcontractor, or by any combination hereof which results in performance security equal to the total amount of the contract, pursuant to NJSA 40A:11-22.

The Consent of Surety shall include a valid Power of Attorney authorizing the Attorney-in-Fact to execute the documents. Failure to submit a Consent of Surety form when required shall result in the rejection of the bid.

1. Instructions for submitting a Bid Guarantee & Consent of Surety from a surety/bond company

a. Upload both the completed bid bond, surety company certificate, and supplemental

a. Log in, or register for an account with Surety2000 here:

https://dashboard.surety2000.com/#/login

c. IMPORTANT: Your agent will need to upload your consent of surety and related supporting documents to the "attachments" section in Surety2000 with your bond. Surtey2000 will not automatically provide a consent of surety. A consent of surety form is included in the vendor questionnaire.

d. Upload a copy of the confirmation of the filing of the electronic bond to the question titled

"Bid Guarantee & Consent of Surety" in the vendor questionnaire.

e. Proceed to the "Electronic Filing of Bid Guarantee" question and input your bond's serial number.

3. Instructions for Bidders submitting a cahiers check or certified check and the bond of an individual as Bid Guarantee & Consent of Surety

a. The guarantee & Consent of Surety must be physically received by the date and time stipulated for the receipt of bids in the bid documents in a sealed envelope CLEARLY marked with the name of the bid and date and time of the bid opening.

b. If submitting a cashiers check, certified check, or bond of an individual:

i. An image of the check/bond & consent of surety must be included with the bid or proposal submitted through the OpenGov platform as an attachment to the related question in the vendor questionnaire.

ii. The physical check/bond & consent of surety must be submitted to the local unit in a

Tindall Park Improvements - NJDOT FY 2024

1 Kings Highway

Middletown, NJ, 07748

d. The Bid Guarantee & Consent of Surety may also be hand delivered at the public bid opening and must be received no later than the date and time stipulated for the receipt of bids in the bid documents.

i. It is highly suggested that all bid guarantees & consents of sureties are delivered to the bid documents even if you have completed your bid online.

3. DISCLOSURE OF OWNERSHIP. Any corporation or partnership submitting a Bid shall accompany that Bid with a Disclosure of Ownership Statement listing the names and addresses of each owner of ten percent (10%) or more of the corporation or partnership. Said information may be supplied on the form provided in this packet or on the Bidder's letterhead as per N.J.S.A.52:25-24.2 (PL1977, C33).

4. ACKNOWLEGEMENT OF RECIEPT OF ADDENDA. Per 40A:11-23.2(e) the bidder shall acknowledge the receipt of any addenda. Acknowledgement will be completed via the e-procurement platform. All addenda can be viewed by visiting the the project information tab, then clicking on

Addenda & Notices.

5. NON-COLLUSION AFFIDAVIT. Each Bidder must complete and submit a Non-collusion Affidavit.

As per N.J.S.A.2C:21-34 et seq, N.J.S.A. 2C:27-10, N.J.S.A.2C:27-11.

6. CONTRACTORS REGISTRATION CERTIFICATE. When required as indicated in the bid, all contractors and subcontractors performing covered public work defined as construction, reconstruction, demolition, alteration or repair work, or maintenance work, including painting and decorating, done under contract and paid for in whole or in part out of the funds of the public body, except work performed under a rehabilitation program. Public work also means construction, reconstruction, demolition, alteration, or repair work done on any property or premises, whether or not the work is paid from public funds, if at the time of entering into the contract:

• Not less than 55% of the property or premises is leased by a public body, or is subject to an agreement to be subsequently leased by the public body; and

• The portion of the property or premises that is leased or subject to an agreement to be subsequently leased by the public body measures more than 20,000 square feet.

must be registered with the New jersey Department of labor. Bidders that are not registered at the time bids are opened will be considered Non-Responsive. Under the law a “contractor” is “a person or partnership, association joint stock company, trust, corporation or other legal business entity or successor thereof who enters into a contract” which is subject to the provisions of the New Jersey Prevailing wage

Act (NJSA 34:11-56.25, et seq.). This applies to contractors based in New Jersey or in another state.

7. INSURANCE COVERAGE. The Contractor shall maintain sufficient insurance to protect against all claims under Workers Compensation and Employers Liability, General Liability and Automobile

Liability as called for in the Specifications. Certificates of Insurance for those policies required above shall be submitted with the contract. Such coverage shall be with an insurance company authorized to do business in the State of New Jersey and shall name the owner as an additional insured.

8. PERFORMANCE/PAYMENT BOND. A bond in the amount of 100% of total Bid shall be furnished by the Contractor when required in the Specifications. The surety on such bond or bonds shall be a duly authorized surety company authorized to do business in the State of New Jersey pursuant

N.J.S.A. 17:31-5. For multi-year contracts the Performance Bond may be resubmitted each year on the

Contract Anniversary date for the amount remaining on the contract. Failure to submit this with the executed contract shall be cause for declaring the contract null and void pursuant to NJSA 40A:11-22.

8a LABOR AND MATERIAL (PAYMENT) BOND. The successful bidder shall with the delivery of the performance bond submit an executed payment bond to guarantee payment to laborers and suppliers for the labor and material used in the work performed under the contract.

Failure to submit this with the executed contract shall be cause for declaring the contract null and void pursuant to NJSA 40A:11-22.

8b MAINTENANCE BOND If required as indicated in the bid, and upon acceptance of the work by the owner, the contractor shall submit a maintenance bond in the amount not to exceed 15% of the project costs against defective quality of work or materials for the period of: 2 years.

9. BUSINESS REGISTRATION CERTIFICATE. As per N.J.S.A.52:32-44, prior to contact award or authorization, the contractor shall provide the Contracting Agency with its proof of business registration and that of any named subcontractor(s). Subcontractors named in a bid or other proposal shall provide proof of business registration to the bidder, who in turn shall provide it to the Contracting agency prior to the time a contract, purchase order or other contracting document is awarded or authorized.

A. During the course of the contract performance:

1. The contractor shall not enter into a contract with a subcontractor unless the subcontractor first provides the contractor with a valid proof of business registration.

2. The contractor shall maintain and submit to the Contracting Agency a list of subcontractors and their address that may be updated from time to time.

3. The contractor and any subcontractor providing goods or performing services under the contract and each of their affiliates, shall collect and remit to the Director of the Division of Taxation in the

Department of Treasury, the use tax due pursuant the Sales and Use Tax Act (NJSA 54:32B-1 et seq) on all sales of tangible personal property delivered into the State. Any questions in this regard can be directed to Division of Taxation at (609) 292-6400. Form NJ-REG can be filed online at www.state.nj.us/treasury/revenue/busregcert.shtml

Before final payment is made under the contract, the contractor shall submit to the Contracting agency a complete and accurate list of all subcontractors used and their addresses.

Pursuant to NJSA 54:49-4.1, a business organization that fails to provide a copy of a business registration as required, or that provides false business registration information, shall be liable for a penalty of $25.00 for each day of the violation, not to exceed $50,000, for each proof of business registration not properly under a contract with the contracting agency.

FOR EMERGENCY PURCHASES For purchases of an emergent nature the contractor shall provide its

Business Registration Certificate within two weeks from the date of purchase or execution of the contract or prior to payment for goods and services, whichever is earlier.

10. DISCLOSURE OF CONTRIBUTIONS TO NJ ELECTION LAW ENFORCEMENT

COMMISSION (ELEC) Starting January 2007, all business entities are advised of their responsibility to file an annual disclosure statement of political contributions with the New Jersey Election Law

Enforcement Commission (ELEC) pursuant to N.J.S.A. 19:44A-20.27 if they receive contracts in excess of $50,000 from public entities in a calendar year. Business entities are responsible for determining if filing is necessary. Additional information on this requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us

6.4. REGARDING SPECIFICATIONS

1. MANDATORY REQUIREMENTS. The word "Mandatory" appears with any requirement which must be met exactly as specified. Deviation from any such mandatory requirements will constitute a material and substantial noncompliance with the Specifications and will result in rejection of the Bid.

2. AMERICAN GOODS AND PRODUCTS. 40A:11-18 American goods and products shall be used whenever possible for the services or products required in the Specifications. However, the decision of the Township Committee, after consultation with the Purchasing Agent and the department head involved, shall be final where the price discrepancy favors foreign goods or products and said decision does not conflict with the law.

3. EQUIPMENT. By submitting the Bid, the Bidder warrants that equipment offered is standard new equipment, the latest model of regular stock product, with parts regularly used for the type of equipment offered readily available and not likely to be discontinued; that trained mechanics are regularly employed to make necessary repairs; and that the equipment is free of defects of material and workmanship. New equipment shall be guaranteed unconditionally for a period of one (1) year from time of delivery and acceptance (whichever is later) unless otherwise specified in the Specifications. Service shall be rendered promptly without charge.

When required by the Bid specifications, Bidder shall certify on the Equipment Certification from that they control or have access to equipment necessary to do the required work if awarded the contract. If the bidder does not own or lease the equipment, a certification form the owner of the equipment that the bidder will have access to the equipment is required with the bid (NJSA 40:11-20).

4. BRAND NAMES. Brand names and/or descriptions used in these specifications are to acquaint bidders with the types of goods and services desired and will be issued as a standard by which goods and services offered as equivalent will be evaluated.

A: When a specification uses “brand name or equivalent” the listed brand name shall serve as a reference or point of comparison for the functional or operational characteristics desired for the good or service being requested. Where a bidder submits an equivalent, it shall be the responsibility of the bidder to document the equivalence claim. Failure to submit such documentation shall be grounds for rejections of the claim equivalence. The Owner will have the ultimate final decision in determining if a product offered is equivalent to the brand name specified.

B: In submitting its bid, the bidder certifies that the goods and services to be furnished will not infringe upon any valid patent or trademark and that the successful bidder shall at its own expense, defend any and all actions or suits charging such infringement and will save the owner harmless from any damages resulting from such infringement.

C: The contractor shall guarantee any or all goods and services supplied under these specifications.

Defects or inferior goods shall be replaced at the expense of the contractor. The contractor will be responsible for return freight or restocking charges.

5. LITERATURE. Bidders shall submit, with their Bids, complete descriptive literature and specifications describing fully all manufacturers’ equipment proposed to be furnished.

6. LIQUIDATED DAMAGES. Contractor’s failure to commence work or make delivery on this

Contract within the period stated in the Specifications or failure of Contractor to perform this Contract as per the Specifications shall be a Breach of Contract and Contractor shall forfeit to The Township of

Middletown as liquidated damages for such failure or refusal the amount noted in the attached specifications.

7. TERM OF CONTRACT. The Term of this Contract shall extend 90 calendar days from notice to proceed, commencing no later than ten (10) days following the issuance of the Notice to Proceed (NTP), unless otherwise noted by the Owner.

8. LINE ITEM/LUMP SUM. The Contract will be awarded on a line item or lump sum basis as stated on the Proposal form.

6.5. ADDITIONAL CONDITIONS

1. PREVAILING WAGES AND LABOR LAWS NJSA 34:11-56.48 e seq. If applicable, the successful Bidder must comply with the New Jersey prevailing Wage Act (P.L. 1963, Chapter I50) and provisions of the State Labor Laws.

2. AFFIRMATIVE ACTION. The successful Bidder shall be required to comply with the provisions of

P.L. 1975, Chapter 127, (N.J.A.C, 17:27-1 et. seq. & N.J.S.A. 10:5-31 et seq) and P.L. 1977, C33 &

N.J.A.C. 5-334-1, a law prohibiting discrimination, and all Affirmative Action Regulations issued pursuant thereto. The successful bidder must submit to the township 1) an existing federally approved or sanctioned Affirmative Action Program; 2) a Certificate of Employee Information report Approval. If a contractor cannot supply 1) or 2) above, they shall submit a completed Employee Information Report

(Form AA302), available upon request from the Office of Central Purchasing or the Affirmative Action

Office, Department of the Treasurer, State House, CN209, Trenton, NJ 08625; & Americans w/Disabilities Act. Title 11, U.S.C. S121 01 et. seq.

For Construction contracts, the winning Bidder shall provide a completed AA-201 per P.L. 1975, C. 127.

3. OTHER LAWS. The Contractor shall comply with all local, state and federal laws, rules and regulations applicable to this Contract and to the work to be done hereunder, including but not limited to:

New Jersey Anti-Discrimination laws N.J.S.A.10:2-1, Americans with Disabilities act 1990, and The

New Jersey Worker and Community Right to Know Act.

4. SAVE HARMLESS. The Bidder, if awarded a Contract, agrees to protect, defend and save harmless

The Township of Middletown, its agents, consultants or representatives against any damage for payment for the use of any patented material process, article or device that may enter into the manufacture or construction or form a part of the work covered by either order or contract, and he further agrees to indemnify and save harmless The Township of Middletown, its agents, consultants or representatives from suits or actions of every nature and description brought against it, for, or on account of any injuries or damages received or sustained by any party or parties by, or from any of the acts of the Contractor, his servants or agents. A clause to such effect shall be included in all Certificates of Insurance.

5. VENDOR DOCUMENTATION RETENTION N.J.A.C. 17:44-2.2. The Vendor shall maintain all documentation related to products, transaction or services under this contract for a period of five years from the date of final payment. Such records shall be made available to the New Jersey office of the State

Comptroller upon request.

6. AMENDTMENTS TO NJSA2c:21-33 et.seq “TRUTH IN CONTRACTING” Provisions of Law

Governing False Claims and Representation. It is a serious crime for the vendor to knowingly submit a false claim and/or knowingly make material misrepresentation. There are enhanced penalties for areas of false claims, bid rigging and bribery, gratuities and gifts; and conflict of interest. Please consult the statue for further information.

6.6. PREPARING THE BID

1. REQUIRED FORMS. All required Bid/Contract Documents must be returned. Bids will be considered as non-responsive if there is an alteration of or departure from Bid Documents forms, or if all forms are not completed. Forms provided with the Bid Documents packet shall be used unless stated otherwise. Must be typed or written in ink. Any erasure or alteration must be initialed and dated in ink by the Bidder. Bid forms must be signed in ink by the persons authorized to do so, scanned, and submitted as required by the e-procurement platform.

2. PRICES. Prices for furnishing all material and/or service(s) or labor described or required by the

Specifications shall be inserted on the form provided with this packet. Prices shall be net, including any charges for packing, crating, containers, etc., and all transportation charges fully prepaid by the

Contractor F.O.B. destination and placement at locations specified in the Specifications. No additional charges will be allowed for any transportation cost resulting from partial shipments made at the

Contractor's convenience when a single shipment is ordered. All prices shall be less Federal Excise Tax &

State Sales Tax. In event of a discrepancy between the unit figure and the extension, the unit figure will prevail.

A. Estimated QUANTITES (Open-End Contracts): The owner has attempted to identify the item(s) and the estimated amounts of each item bid to cover its requirements; however, past experience shows that the amount ordered may be different than that submitted for bidding. The right is reserved to decrease or increase the quantities specified in the specifications pursuant to NJAC

5:30-11-2 and 11.10 NO MINIMUM PURCHASE IS IMPLIED OR GUARANTEED.

B. Contractor shall be responsible for obtaining any applicable permits or licenses from any government entity that has jurisdiction to require the same. All bids submitted shall have included this cost.

C. In the event of public emergency declared at the local, state or federal level prior to the expiration of the contract, if the owner opts to extend terms and conditions of this specification, whether existing or expiring for no longer than six months, for goods and/or services for the duration of the emergency.

3. DISCOUNTS. Discounts and terms of discount shall be stated on the Proposal form when required.

Cash discounts of less than one percent (1%) or discount period of less than thirty (30) days will not be considered as factors in awarding the Contract. Time, with respect to the discount offered, shall be computed from date of delivery and acceptance at destination, or from date correct claim voucher, properly certified by the Contractor, is received, whichever is later.

4. DELIVERIES. Shall be made at such time and in such quantities as ordered in accordance with conditions stated in the Specifications. Quantities may be approximate in some instances, based on the most accurate information at the time. The Township reserves the right to increase or decrease the quantities as needed but in no circumstance shall quantities be increased in excess of twenty percent

(20%) of the total contract. The Contractor shall be responsible for the delivery of material in first-class condition at the point of delivery and in accordance with customary commercial practice. Items delivered must be in accordance with those proposed. Bidders must give the amount of time required to make delivery after notification to ship. In the event that delivery is not made within the time stipulated, the

Township will authorize the using department to acquire the required material, equipment, or service from any available source, the difference in price (if higher) to be paid by the Contractor.

5. INSPECTIONS AND TESTS. Material, equipment, or service is subject to inspection and testing.

Should any material, equipment, or service fail to meet the requirements of the Specifications during such inspection or test, the equipment, material, or service will be rejected and it shall be replaced immediately by the Contractor.

6. ALTERNATE BID. When alternate bids are requested for more than one type of product or service, the decision as to the alternate(s) adopted is reserved exclusively to the Township and the award of

Contract will be made to the Bidder whose Proposal for the alternate or combination of alternates selected is lowest based on the estimated quantities. Bids that do not include alternate bids when requested will be considered non-responsive. The Township reserves the right to award any contract where alternate bids are requested to multiple vendors if it is in the best interest of the Township to do so.

6.7. AWARD OF CONTRACT

1. RECEIPT OF BIDS. Bids shall be received electronically at the stated time and place and immediately be unsealed and read in public in the presence of any parties bidding or their agents who desire to be present. As bids are read, a proper record of the prices and terms shall be made. Bids which are to be rejected for failing to comply with procedural requirements shall not be returned to the bidder until an official action has been taken by the Township Committee.

2. REJECTION OF BIDS. The Township reserves the right to judge the qualifications of Bidders in order to ascertain the lowest responsible Bidder as required by law, to reject any or all Bids, and to waive any insubstantial non-conformities where such waiver would not undermine the competitive bidding process. Failure to offer a complete Bid will be deemed just cause for rejection of the Bid as being non-responsive.

A. All bids pursuant to NJSA 40A:11-13.2 B. If more than one bid is received form an individual, firm or partnership, corporation or association under the same name;

C. Multiple bids from an agent representing competing bidders;

D. The bid is inappropriately unbalanced;

E. the bidder is determined to possess, pursuant to NJSA 40A:11-4b, prior Negative Experience; or F. If the successful bidder fails to enter into a contract within 21 days, Sundays and holidays excepted, or as otherwise agreed upon by the parties to the contact. In this case at its option, the owner may accept the bid of the next lowest responsible bidder. (NJSA 40A11-24b)

3. ACCEPTANCE OF BID. Normally, the Township Committee will accept the lowest responsive, responsible Bid and award the Contract at a regular Public Meeting within sixty (60) days after the Bid opening date. The Contract will be awarded to the lowest responsible, responsive Bidder whose Bid substantially conforms to the Specifications and all other requirements imposed by the Bid/Contract

Documents. In the event of equal or tie bids. The Township of Middletown reserves the right to award at its discretion to any of the tied bidders.

4. RETURN OF BID SECURITY. All Bid securities, except the security of the three apparent lowest responsive, responsible bidders, shall be returned within ten (10) days of the bid opening. Within three (3) days after signing of the Contract and approval of Contractor's performance bond (if required), the bid security of remaining Bidders will be returned.

6.8. EXECUTION OF CONTRACT

Subsequent to Award and within ten (10) days after the prescribed forms are presented for signature, each successful Bidder shall execute and deliver to The Township of Middletown an Agreement (Contract) in such number of counterparts as the Township may require. Failure of any successful Bidder to execute the

Contract as specified shall constitute a default and the Township may award the Contract to the next lowest responsible Bidder or re-advertise for bids and may charge against the Bidder the difference between the amount of such Bidder's Proposal and the amount for which a Contract for the work is subsequently executed, including the cost of re-advertising same.

6.9. PAYMENT

A. No payment will be made unless duly authorized by the owner’s authorized representative and accompanied by proper documentation.

B. Payment will be made in accordance with the owner’s policy and procedures. Invoices shall specify, in detail, the period for which payment is claimed, the services performed during the prescribed period, the amount claimed and correlation between the services claimed and this proposal. Any bill must include a detailed list of items delivered. In the case of an open ended/maintenance contract the bill submitted for payment must detail all work done, hours worked, rates, cost of parts with markup, and include a breakdown of any supplies needed and their cost/markup. No payments will be made without a current

W9 on file.

C. The owner may withhold all or partial payments on account of subsequently discovered evidence including but not limited to:

1. Deliverables not complying with the project specification;

2. Claims filed or responsible evidence indicating probability of filing claims;

3. A reasonable doubt that the contract can be completed for the balance then unpaid

When the above grounds are removed, payment shall be made for the amounts withheld.

D. Public funds may be used to pay only for goods delivered or services rendered. The owner shall not pay penalties and/or interest on overdue bills unless otherwise required by law. No employee is authorized to sign a letter of credit or any other document that represents a legal commitment on the part of the owner to pay additional fees.

6.10. PROMPT PAYMENT - GOODS & SERVICES

P.L.2019, c127 (LFN 2019-02 1/23/19) P.L. 2018, c.127 establishes a prompt payment requirement that applies to goods and services contracts a contracting unit awards to a “business concern” under the Local

Public Contracts Law (LPCL). The law applies to all goods and services contracts awarded on or after

February 1, 2019 (effective date) regardless of dollar amount and any contract requiring either a single payment or multiple payments. The law does not change the prompt payment requirements for improvements to real property and structures as set forth in N.J.S.A. 2A:30A-1 et seq and described in

LFN 2006-21. The law defines “Business Concerns” as any person engaged in a trade or business, including private nonprofit entity operating as an independent contractor, providing goods and services directly to a contracting unit or to a designated third party and operating pursuant to a contract with a contracting unit which requires either a single payment or multiple payments, but shall not include a

“public utility” defined in N.J.S.A. 48:2.13

6.11. TERMINATION OF CONTRACT

A. If through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations under the contracts or if the contractor shall violate any of the requirements or the requirements of the contract, the owner shall upon have the right to terminate the contract by giving written notice to the contractor of such termination and specifying the effective date of termination. Such termination shall relieve the owner of any obligation of balances to the contractor of any sum or sums set forth in contract. Owner will pay only for goods and services accepted prior to termination.

B. Notwithstanding the above, the contractor shall not be relieved of liability to the owner for damages sustained by the owner by virtue of…