Bid Proposal Due Date: __October 9, 2008____
For: 11’ Utility/Crane Body with 8,000 ft/lb Crane (or equivalent) (Water Commissioners)
CITY OF EAST ORANGE, NEW JERSEY
BOARD OF WATER COMMISSIONERS
ALL BIDS MUST BE PRESENTED TO THE
CITY WATER DEPARTMENTS
99 SOUTH GROVE STREET EAST ORANGE, NJ 07018
GWYN HARGRETT President, Board of Water Commission
BID PROPOSAL
THIS BID WILL BE ACCEPTED ON OR BEFORE 10:00 A.M. ON THE DATE SPECIFIED AT WHICH TIME BIDS WILL BE OPENED AND PUBLICLY READ. MAILED BIDS WILL BE ACCEPTED IN ADVANCE OF THE BID DUE DATE UNLESS OTHERWISE SPECIFIED.
THIS BID PROPOSAL MUST BE UPON THIS FORM AND ENCLOSED IN A SEALED ENVELOPE
ENDORSED WITH THE NAME AND ADDRESS OF THE BIDDER.
BIDS WILL NOT BE ACCEPTED UNLESS ACCOMPANIED BY A BID BOND OR CERTIFIED
CHECK payable to the City of East Orange, Board of Water Commissioners for at least ten percent (10%) of the total amount of your bid.
EXCEPTIONS:
a. If the President has authorized the Purchasing Agent, in writing, to eliminate or modify the Bid Bond requirement.
b. If an Annual Bid Bond is on file at the Office of the Water Commissioners, 99 South Grove Street East Orange, N.J. covering the CURRENT YEAR, no Bid Bond or Certified Check is required with the bid.
Note: All Annual Bid Bonds expire on December 31st of each calendar year, regardless of the date filed.
c. If the total amount of your bid is UNDER $17,500.00 a Bid Bond or Certified Check is not required.
d. On Bids that are RE-ADVERTISED, a new Bid Bond or Certified Check is not required.
It is construed and understood that the bidder has examined the contract documents before bidding. All
pertinent papers including Bid Bond or Certified Check (if not covered by an Annual Bid Bond) must be
presented within this sealed envelope to be considered as part of the proposal.
OTHER REQUIREMENTS: See #55 and #56 of Conditions Governing Bids AND Check Off List for Mandatory Documents
BID COVER SHEET/BIDDER CHECKLIST
THE UNDERSIGNED hereby proposes to provide 11’ Utility/Crane Body with 8000 ft/lb Crane (or equivalent) in accordance with the attached contract documents, prices quoted herein, specifications, terms and conditions.
There shall be no amendment or change of this contract without the approval of the Board of Water Commissioners of East Orange. There shall be no Advance Payment on this contract in accordance with N.J.S.A. 40A:5-16.
All prices will be considered firm for the term of contract.
RE: ITEM #9 AND #15 OF CONDITIONS GOVERNING BIDS
9. Bid Bond has been waived
BID PROPOSAL DOCUMENTS CONSIST OF THE FOLLOWING:
15. Performance Bond has been waived.
a CHECK
YES / BWC / DESCRIPTION / COMMENTSX / 1. Conditions Governing Bids
X / 2. Disclosure Statement / Mandatory Document
X / 3. Non-Collusion Affidavit
X / 4. Bid Bond and Performance Bond Requirements / See Above
X / 5. Price Schedule Sheet(s)
6. Special Conditions
X / 7. Specifications
X / 8. Bidder's Qualification Questionnaire
X / 9. Affirmative Action Regulations
10. Indemnity and Insurance Requirements
11. Labor Provisions Clause
X / 12. Guarantee or Warranty Statement
13. Hazardous Communication
14. Record of Recycled Goods Purchased
X / 15. Evaluation of Bid
X / 17. Business Registration Certificate (Submit with Bid) / Mandatory document--see #55 of Conditions Governing Bids
X / 18. Public Works Contractor Registration Certificate (Submit with Bid) / Mandatory document—see #56 of Conditions
Governing Bids
Signed: Title: Date:______
Authorized Representative
adv: Due:
CONDITIONS GOVERNING BIDS
1. Bids that do not fully comply with all of the conditions contained in the proposal will not be received or considered.
2. Bidders may bid on individual items or all items, except as otherwise specified. If not specified no bid shall be accepted which seeks to sub-divide any section or grouping of related items. Prices must be provided for all items within any single section of this specification. Where the City of East Orange Board of Water Commission chooses to present more than one such biddable section in a single request for bids, the Bidder may choose to only bid on any one or more of such sections. Where such separation is acceptable, the individual sections shall be so indicated under separate headings.
3. Each proposal must be enclosed in a sealed envelope properly endorsed with the name and address of the bidder and the items or services to be furnished and brought to the Board of Water Commissioners 99 SOUTH GROVE STREET EAST ORANGE, NJ 07018.
4. Proposals must be signed by the bidder with his/her signature in full and shall bear the place of business address.
5. The bidder must state on the Disclosure Statement of these instructions, whether he/she is an individual, partnership or corporation, with the proper information applying in each instance.
6. The Division of Procurement of the City of East Orange Board of Water Commissioners reserves the right to reject any and all bids or to waive technical defects, when, in its judgment the interests of the City of East Orange Board of Water Commissioners shall so require; also the right to annul and cancel the contract of any contractor who fails to perform faithfully any of its stipulations or in case of a willful attempt to impose upon the City/Board of Water Commissioners any material inferior to the quality required by the contract and any action taken therein shall not impair any right or claim of the City/ Board of Water Commissioners to damages for breach of contract.
7. Reasonable grounds for believing that any bidder is interested in more than one proposal or is acting under any agreements or understandings directly or indirectly with any other bidder will be cause for rejection of proposal in which he is interested.
8. No bid will be allowed to be withdrawn for any reason, after having been deposited or delivered at the time for receiving bids.
9. Each proposal must be accompanied by the bond of a surety company authorized to do business in the State of New Jersey. The Bid Bond shall be in the form shown in these instructions, or its equivalent, and shall be in the amount of 10% of the total bid or $20,000, whichever is smaller. In the event the surety company is not incorporated in the State of New Jersey, then the bidder must furnish evidence from the surety company showing its authority to do business in the State of New Jersey.
10. In awarding contracts of this nature, public authorities are vested with discretion in determining who is the lowest responsible bidder, and their decisions will not be interfered with by the courts, even if erroneous, provided it is based on a sound and reasonable discretion founded on facts and exercised in good faith, in the interest of the public, without collusion or fraud, nor corruptly, nor from motives of personal favoritism, or ill-will and not abused. The term responsible in this connection means something more than mere pecuniary ability; it includes also judgment, skill, capacity and integrity, and hence the officers, in awarding the contract, must exercise official discretion in determining who is the lowest bidder, upon the consideration of all these elements of responsibility. The City of East Orange Board of Water Commissioners reserves the right to award the contract to the lowest bidder in the aggregate, or to the lowest bidders for individual items.
11. Contractor will furnish all labor, materials, tools, equipment, insurance and permits fully adequate to meet the undertakings, unless otherwise specifically provided for in the contract documents.
12. Contractor shall remove all debris or rubbish occasioned by him and shall be responsible for all damages to buildings, equipment and grounds.
13. If the Contractor should be adjudged bankrupt, or if he/she should make a general assignment for the benefit of creditors, then the Purchasing Agent may, without prejudice to other rights or remedies of the City of East Orange Board of Water Commissioners, submit to terminate the Contractor's right to proceed with the work, and in such event the Purchasing Agent may take over the work and comprise it by contract or otherwise, and the Contractor and his/her sureties shall be liable for any excess cost.
14. Precaution shall be exercised at all times for the protection of persons and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment and other hazards shall be guarded in accordance with the applicable laws.
15. The Contractor will be required to provide to the "City of East Orange Board of Water Commissioners " a Performance Bond, if he/she is awarded the contract, for the faithful performance of the provisions of the contract, relating to the furnishing and delivering of material or services mentioned herein; said bond to be in the penal sum of the total amount of the contract, or as stated in the proposal.
16. The City/ Board of Water Commissioners reserves the right to increase or decrease the amount of the contract to cover the actual requirements needed for the contract period. The City/ Board of Water Commissioners reserves the right to award contracts pursuant to these specifications to more than a single Bidder if, in the opinion of the City/ Board of Water Commissioners, the demand for goods and/or services is such as to require the use of more than one supplier in order to satisfy the constraints of quantity and timeliness.
17. TERMINATION OF CONTRACT-The City/ Board of Water Commissioners reserves the right to terminate any contract entered into as a result of this bid provided written notice has been given to the vendor at least 30 days prior to such proposed termination date.
18. EXCISE AND SALES TAX-The prices herein shall not include any Federal or Excise Taxes of Sales Tax imposed by any state or municipal government. All taxes must be deducted from prices quoted and must be shown separately under items where applicable. The City/ Board of Water Commissioners will not furnish Federal Tax Exemption certificates unless the tax is shown separately. The City's/ Board of Water Commissioners purchase order (Vendor's Copy) will serve as the State Tax Exemptions Form.
19. QUANTITIES - Pursuant to N.J.A.C. 5:30-11.2, Open-end contracts, zero shall be an acceptable minimum for goods established under the contract agreement. Quantities to be ordered shall be determined by the city of East Orange Board of Water Commissioners as the need of the User Agency arises during the contract/agreement term. The City/ Board of Water Commissioners shall not guarantee a specified dollar amount or quantity to be ordered. When possible the proposal will provide approximate quantities to assist the bidding process. However, the maximum quantity shall be the aggregate of all items ordered and received during the contract/agreement term.
20. DELIVERY - All deliveries are to be F.O.B. destination and pre-arranged. The Bidder agrees to produce all goods and/or services as specified herein on demand by the City/ Board of Water Commissioners within the time specified and to permit the City/Board of Water Commissioners to deduct from any invoice submitted for payment, such amounts specified herein as penalties for failure to meet such deadlines as required.
21. PRICING - All prices quoted shall be fixed and firm for the duration of the contract/agreement term unless it is expressly stated in all specifications the terms and conditions in which the price change applies.
22. QUALITY - All delivered items are to be that of a finished acceptable quality by industry standards, packaged in the original manufacturer's container and marked as such. All outer containers if applicable shall be clearly marked with the contents and applicable handling instructions.
23. GUARANTEE - The vendor shall guarantee all items to be free of defects in material make-up and to be free of flaws. The vendor shall replace any and all items ascertained by the City/ Board of Water Commissioners to be flawed within forty-eight (48) hours after official notification of such.
STATUTES AND ORDINANCES
24. Pursuant to P.L. 1971, c. 198 (40A:11-18) the bidder must agree to comply with the provision of American goods and products to be used where possible.
26. This contract will be awarded to lowest responsible bidder contingent upon the said low bidder's compliance with the pertinent statutes of New Jersey. On all contracts for public works, the bidder must comply with the provisions of R.S. 34:10-1, et. seq., which law provides that laborers, workers and mechanics while engaged on work under the contract shall work not more than eight hours in any one day, except as otherwise provided for in said statute, and that the prevailing rate of daily wages in the locality where the work is performed shall be paid to the mechanics, workmen and laborers engaged in the work under the contract. It is understood and agreed by the Contractor that in addition to the above mentioned provision, that the said Contractor will obey and comply with the Laws of the State of New Jersey, and in the event said Contractor shall violate the provisions of New Jersey State Statutes annotated, R.S. 34:10-1, and Chapter 213, Public Laws of the State of New Jersey 1962, or any other statutes of the State of New Jersey, then this contract shall be voided at the option of the City of East Orange. The Contractor shall pay to all mechanics, workmen and laborers employed in the work contained under this contract the prevailing rate of wages pursuant to the provisions of New Jersey Statutes annotated; R.S. 34:10-1 and shall further comply with all of the provisions of New Jersey Statutes annotated; R.S. 34:10-1. The Contractor further agrees that he shall comply with Chapter 213, Public Law of the State of New Jersey 1962. The provisions of same shall be considered part of these specifications. It is further understood and agree that all labor employed by the Contractor on this project shall be such as will work with other trades employed on the project so that there will be no dissension between trades. All labor employed on this project shall conform to local labor Union practices.
27. Pursuant to Revised Statutes 10:2-1 et. seq., the Contractor agrees that: