BID Package for Rooftop AC Replacement Combined

Instructions To Bidders And Statutory Requirements

I, SUBMISSION OF BIDS

A. Sealed bids shall be received by the contracting unit, hereinafter referred to as "owner," in accordance with
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 will be received by the Borough Clerk on April 23, 2026 at 10:00am in Borough Hall at 678 Haddon
Avenue as stated in the Notice to Bidders, and immediately following at 30 W. Collings Ave, such bids will be
publicly opened and read aloud.

C. The bid shall be submitted in a sealed envelope: (1) addressed to the owner, (2) bearing the name and address of
the bidder written on the face of the envelope, and (3) clearly marked "BID" with the contract title and/or bid # of
the contract being bid.

D. It is the bidder's responsibility that bids are presented to the owner at the time and at the place designated. Bids
may be hand delivered or mailed; however, the owner disclaims any responsibility for bids forwarded by regular
or overnight mail. If the bid is sent by express mail service, the designation in sub-section C, above, must also
appear on the outside of the express mail envelope. Bids received after the designated time and date will be
returned unopened.

E. Sealed bids forwarded to the owner before the time of opening of bids may be withdrawn upon written
application of the bidder 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 firm for a period of
sixty (60) calendar days.

F. All prices and amounts must be written in ink or preferably machine-printed. 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 rejected by the
owner. Any changes, whiteouts, strikeouts, etc. in the bid must be initialed in ink by the person signing the bid.

G. Each bid proposal form must give the full business address, business phone, fax, e-mail if available, the contact
person of the bidder, and be signed by an authorized representative as follows:

Bids by partnerships must furnish the full name of all partners and must be signed in the partnership
name by one of the members of the partnership or by an authorized representative, followed by the
signature and designation of the person signing.

(C) Bids by corporations must be signed in the legal name of the corporation, followed by the name of the
State in which incorporated and must contain the signature and designation of the president, secretary or
other person authorized to bind the corporation in the matter.

(C) Bids by sole-proprietorship shall be signed by the proprietor.

(C) When requested, satisfactory evidence of the authority of the officer signing shall be furnished.

H. Bidder should be aware of the following statutes that represent "Truth in Contracting" laws:

e N.JS.A. 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 make material misrepresentation.

(C) NJ.S.A. 2C:27-10 provides that a person commits a crime if said person offers a benefit to a public
servant for an official act performed or to be performed by a public servant, which is a violation of
official duty.

(C) N.J.S.A.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 Jegal counsel for further information.

Il. BID SECURITY AND BONDING REQUIREMENTS
A. BID GUARANTEE

Bidder shall submit with the bid a certified check, cashier's check or bid bond in the amount of ten percent
(10%) of the total price bid, but not in excess of $20,000, payable unconditionally to the owner. When
submitting a Bid Bond, it shall contain Power of Attorney for full amount of Bid Bond from a surety company
authorized to do business in the State of New Jersey and acceptable to the owner. The check or bond of the
unsuccessful bidder(s) shall be returned pursuant to N.J.S.A. 40A: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 other 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 N.J.S.A. 40A:1 1-21,

Failure to submit a bid guarantee shall result in rejection of the bid.
B. CONSENT OF SURETY

Bidder shall submit with the bid a Certificate (Consent of Surety) with Power of Attorney for 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 thereof which results in performance security equal to the
total amount of the contract, pursuant to N.J.S.A. 40A:1 1-22.

Failure to submit a consent of surety form shall result in rejection of the bid.
Ill, INTERPRETATION 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 having no impact on the contracting unit or the
award of a contract pursuant to N.J.S.A. 40A:11-13. In the event the bidder fails to notify the owner of such
ambiguities, errors or omissions, the bidder shall be bound by the requirements 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 request shall be in writing, addressed to the owner's representative stipulated in the
specification. In order to be given consideration, a written request must be received at least seven (7) business
days prior to the date fixed for the opening of the bid for goods and services.

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. All addenda so issued shall become part of the
specification and bid documents, and shall be acknowledged by the bidder in the bid. The owner's interpretations
or corrections thereof shall be final.

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 pursuant to N.J.S.A. 40A:11-23c.1.

D. Discrepancies in Bids

1, If the amount shown in words and its equivalent in figures do not agree, the written words shall be binding.
Ditto marks are not considered writing or printing and shall not be used.

2. In the event that there is a discrepancy between the unit prices and the extended totals, the unit prices shall
prevail. In the event there is an error of the summation of the extended totals, the computation by the owner
of the extended totals shall govern.

IV. BRAND NAMES, STANDARDS OF QUALITY AND PERFORMANCE

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

B. Variations between the goods and services described and the goods and services offered are to be fully identified
and described by the bidder on a separate sheet and submitted with the bid proposal form. Vendor literature
WILL NOT suffice in explaining exceptions to these specifications. In the absence of any exceptions by the
bidder, it will be presumed and required that the goods and services as described in the bid specification be
provided or performed.

C. It is the responsibility of the bidder to document and/or demonstrate the equivalency of the goods and services
offered. The owner reserves the right to evaluate the equivalency of the goods and services.

D. 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.

E. Only manufactured and farm products of the United States, wherever available, shall be used pursuant to N.J.S.A.
40A:11-18.

F, The contractor shall guarantee any or all goods and services supplied under these specifications. Defective or
inferior goods shall be replaced at the expense of the contractor. The contractor will be responsible for return
freight or restocking charges.

VI. PRICING INFORMATION FOR PREPARATION OF BIDS
A. The owner is exempt from any local, state or federal sales, use or excise tax.

B. Bidders shall insert prices for furnishing goods and services required by these specifications. Prices shall be net,
including any charges for packing, crating, containers, etc. All transportation charges shall be fully prepaid by
the contractor, F.O.B. destination and placement at locations specified by the owner. As specified, placement
may require inside deliveries. No additional charges will be allowed for any transportation costs resulting from
partial shipments made for the contractor's convenience.

E

VII. STATUTORY AND OTHER REQUIREMENTS
The following are mandatory requirements of this bid and contract.

A. MANDATORY AFFIRMATIVE ACTION CERTIFICATION

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No firm may be issued a contract unless it complies with the affirmative action provisions of N.J.S.A. 10:5-31
et seq. and N.J.A.C. 17:27-1 et seq. The following information summarizes the full, required regulatory text,
which is included as Exhibit A of this bid specification.
1. Goods and Services (including professional services) Contracts
Each contractor shall submit to the public agency, after notification of award but prior to execution of a
goods and services contract, one of the following three documents:

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i, A photocopy ofa valid letter that the contractor is operating under an existing Federally approved or
sanctioned affirmative action program (good for one year from the date of the letter); or

ii. A photocopy of a Certificate of Employee Information Report approval, issued in accordance with
N.J.A.C. 17:27-4; or

iii, A photocopy of an Employee Information Report (Form AA 302) provided by the Division and
distributed to the public agency to be completed by the contractor in accordance with N.J.A.C. 17:27-
4,

B. AMERICANS WITH DISABILITIES ACT OF 1990

Discrimination on the basis of disability in contracting for the purchase of goods and services is prohibited.
Bidders are required to read Americans With Disabilities language that is included as Appendix A of this
specification and agree that the provisions of Title II of the Act are made a part of the contract. The contractor
is obligated to comply with the Act and to hold the owner harmless.

C. STOCKHOLDER DISCLOSURE

N.J.S.A. 52:25-24.2 provides that no corporation or partnership shall be awarded any contract for the
performance of any work or the furnishing of any goods and services, unless, prior to the receipt of the bid or
accompanying the bid of said corporation or partnership, bidders shall submit a statement setting forth the
names and addresses of all stockholders in the corporation or partnership who own ten percent or more of its
stock of any class, or of all individual partners in the partnership who own a ten percent or greater interest
therein. The included Statement of Ownership shall be completed and attached to the bid proposal. This
requirement applies to all forms of corporations and partnerships, including, but not limited to, limited
partnerships, limited liability corporations, limited liability partnerships and Subchapter S corporations. Failure
to submit a stockholder disclosure document shall result in rejection of the bid.

D. PROOF OF BUSINESS REGISTRATION

N.J.S.A. 52:32-44 requires that each bidder (contractor) submit proof of business registration with the bid
proposal. Proof of registration shall be a copy of the bidder's Business Registration Certificate (BRC). A BRC
is obtained from the New Jersey Division of Revenue. Information on obtaining a BRC is available on the
internet at www.nj.gov/njbgs or by phone at (609) 292-1730. N.J.S.A. 52:32-44 imposes the following,
requirements on contractors and all subcontractors that knowingly provide goods or perform services for a
contractor fulfilling this contract:

1) The contractor shall provide written notice to its subcontractors and suppliers to submit proof of
business registration to the contractor;

2) Prior to receipt of final payment from a contracting agency, a contractor must submit to the contacting
agency an accurate list of all subcontractors or attest that none was used;

3) During the term of this contract, the contractor and its affiliates shall collect and remit, and shall notify
all subcontractors and their affiliates that they must collect and remit to the Director, New Jersey
Division of Taxation, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A. 54:32B-1 et
seq.) on all sales of tangible personal property delivered into this State.

E
E

A contractor, subcontractor or supplier who fails to provide proof of business registration or provides false
business registration information shall be liable to a penalty of $25 for each day of violation, not to exceed
$50,000 for each business registration not properly provided or maintained under a contract with a contracting
agency. Information on the law and its requirements is available by calling (609) 292-1730.

. NON-COLLUSION AFFIDAVIT

The Affidavit shall be properly executed and submitted with the bid proposal.

F. RUSSIA-BELARUS & IRAN CERTIFICATION New Jersey P.L. 2012, c. 25 prohibits State and local public
contracts with persons or entities engaging in contracts with persons or entities engaging in certain investment
activities in energy or finance sectors of Iran. Bidders should complete and submit with their bid the Disclosure of
Investments in Iran certificate which is enclosed in the bid package.

VIII. METHOD OF CONTRACT AWARD

A. The length of the contract shall be stated in the technical specifications. Pursuant to requirements of N.J.A.C.
5:30-5.1 et seq., any contract resulting from this bid shall be subject to the availability and appropriation of
sufficient funds annually. Please see Section X, Termination of Contract, Sub-section E, for additional

information,

B. If the award is to be made on the basis of a base bid only, it shall be made to that responsible bidder submitting
the lowest base bid.

C. If the award is to be made on the basis of a combination of a base bid with selected options, it shall be made to
that responsible bidder submitting the lowest net bid.

D. The owner may also elect to award the contract on the basis of unit prices.

E. The form of contract shall be submitted by the owner to the successful bidder. Terms of the specifications/bid
package prevail. Bidder exceptions must be formally accepted by the owner.

IX. CAUSES FOR REJECTING BIDS.

Bids may be rejected for any of the following reasons:
A. All bids pursuant to N.J.S.A. 40A:11-13.2;

B. If more than one bid is received from 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 N.J.S.A. 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 contract. In this case at its option, the owner may accept the bid of
the next lowest responsible bidder. (N.J.S.A. 40A:11-24b)

X. TERMINATION OF CONTRACT

A. If, through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations under the
contract or if the contractor shall violate any of the requirements of the contract, the owner shall there 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 for balances to the
contractor of any sum or sums set forth in the 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 any breach of the contract by the contractor and the owner may withhold any payments to
the contractor for the purpose of compensation until such time as the exact amount of the damage due the owner
from the contractor is determined.

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

D. In case of default by the contractor, the owner may procure the goods or services from other sources and hold the
contractor responsible for any excess cost.

E, Continuation of the terms of the contract beyond the fiscal year is contingent on availability of funds in the
following year's budget. In the event of unavailability of such funds, the owner reserves the right to cancel the
contract.

F, ACQUISITION, MERGER, SALE AND/OR TRANSFER OF BUSINESS, ETC.

It is understood by all parties that if, during the life of the contract, the contractor disposes of his/her business
concern by acquisition, merger, sale and or/transfer or by any means convey his/her interest(s) to another party,
all obligations are transferred to that new party. In this event, the new owner(s) will be required to submit all
documentation/legal instruments that were required in the original bid/contract. Any change shall be approved by
the Owner.

G. The contractor will not assign any interest in the contract and shall not transfer any interest in the same without
the prior written consent of the owner.

H., The owner may terminate the contract for convenience by providing 60 calendar days advanced notice to the
contractor,

XI. 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.

EXHIBITA
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE

N.J.S.A, 10:5-31 et seq, (P.L. 1975, C. 127)

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N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract, the contractor agrees as follows:

The contractor or subcontractor, where applicable, will not discriminate against any employee or
applicant for employment because of age, race, creed, color, national origin, ancestry, marital status,
affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with
respect to affectional or sexual orientation and gender identity or expression, the contractor will take
affirmative action to ensure that such applicants are recruited and employed, and that employees are
treated during employment, without regard to their age, race, creed, color, national origin, ancestry,
marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or
sex. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be provided by
the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause.

B

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

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

The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated
by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time
and the Americans with Disabilities Act.

The contractor or subcontractor agrees to make good faith efforts to employ minority and
women workers consistent with the applicable county employment goals established in accordance with
N.J.A.C. 17:27-5.2, or a binding determination of the applicable county employment goals determined by
the Division, pursuant to N.J.A.C. 17:27-5.2.

The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies
including, but not limited to, employment agencies, placement bureaus, colleges, universities, labor
unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital
status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and

that it will discontinue the use of any recruitment agency which engages in direct or indirect
discriminatory practices.

The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to
assure that all personnel testing conforms with the principles of job-related testing, as established by
the statutes and court decisions of the State of New Jersey and as established by applicable Federal law
and applicable Federal court decisions.

In conforming with the applicable employment goals, the contractor or subcontractor agrees to
review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such
actions are taken without regard to age, creed, color, national origin, ancestry, marital status, affectional
or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the
statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable
Federal court decisions.

The contractor shall submit to the public agency, after notification of award but prior to
execution of a goods and services contract, one of the following three documents:

Letter of Federal Affirmative Action Plan Approval
Certificate of Employee Information Report
Employee Information Report Form AA302

The contractor and its subcontractors shall furnish such reports or other documents to the Div. of
Contract Compliance & EEO as may be requested by the office from time to time in order to carry out
the purposes of these regulations, and public agencies shall furnish such information as may be
requested by the Div. of Contract Compliance & EEO for conducting a compliance investigation pursuant
to Subchapter 10 of the Administrative Code at N.J.A.C. 17:27.

APPENDIX A
AMERICANS WITH DISABILITIES ACT OF 1990
Equal Opportunity for Individuals with Disability

The contractor and the of (hereafter "owner") do hereby agree that
the provisions of Title 11 of the Americans With Disabilities Act of 1990 (the "Act") (42 U.S.C. $121 01 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 there unto, are made a part of this contract. In providing any aid, benefit, or service on behalf
of the owner pursuant to this contract, the contractor agrees that the performance shall be in strict
compliance with the Act. In the event that the contractor, its agents, servants, employees, or
subcontractors violate or are alleged to have violated the Act during the performance of this contract, the
contractor shall defend the owner in any action or administrative proceeding commenced pursuant to
this Act. The contractor shall indemnify, protect, and save harmless the owner, its agents, servants, and
employees from and against any and all suits, claims, losses, demands, or damages, of whatever kind or
nature arising out of or claimed to arise out of the alleged violation. The contractor shall, at its own
expense, appear, defend, and pay any and all charges for legal services and any and all costs and other

expenses arising from such action or administrative proceeding or incurred in connection therewith. In
any and all complaints brought pursuant to the owner's grievance procedure, the contractor agrees to
abide by any decision of the owner which is rendered pursuant to said grievance procedure. If any action
or administrative proceeding results in an award of damages against the owner, or if the owner incurs any
expense to cure a violation of the ADA which has been brought pursuant to its grievance procedure, the
contractor shall satisfy and discharge the same at its own expense.

The owner shall, as soon as practicable after a claim has been made against it, give written notice thereof
to the contractor along with full and complete particulars of the claim, If any action or administrative
proceeding is brought against the owner or any of its agents, servants, and employees, the owner shall
expeditiously forward or have forwarded to the contractor every demand, complaint, notice, summons,
pleading, or other process received by the owner or its representatives.

It is expressly agreed and understood that any approval by the owner of the services provided by the
contractor pursuant to this contract will not relieve the contractor of the obligation to comply with the
Act and to defend, indemnify, protect, and save harmless the owner pursuant to this paragraph.

It is further agreed and understood that the owner assumes no obligation to indemnify or save harmless
the contractor, its agents, servants, employees and subcontractors for any claim which may arise out of
their performance of this Agreement. Furthermore, the contractor expressly understands and agrees that
the provisions of this indemnification clause shall in no way limit the contractor's obligations assumed in
this Agreement, nor shall they be construed to relieve the contractor from any liability, nor preclude the
owner from taking any other actions available to it under any other provisions of the Agreement or
otherwise at law.

Prohibited Russia-Belarus Activities & Iran Investment Activities

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Part 1: Certification

COMPLETE PART 1 BY CHECKING ONE OF THE THREE BOXES BELOW

Pursuant to law, any person or entity that is a successful bidder or proposer, or otherwise proposes to enter
into or renew a contract, for goods or services must complete the certification below prior to contract award
to attest, under penalty of perjury, that neither the person or entity, nor any parent entity, subsidiary, or
affiliate, is identified on the Department of Treasury's Russia-Belarus list or Chapter 25 list as a person or
entity engaging in prohibited activities in Russia, Belarus or Iran. Before a contract for goods or services
can be amended or extended, a person or entity must certify that neither the person or entity, nor any parent
entity, subsidiary, or affiliate, is identified on the Department of Treasury's Russia-Belarus list. Both lists
are found on Treasury's website at the following web addresses:

https://www.nj.gov/treasury/administration/pdf/RussiaBelarusEntityList.pdf
www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf.

As applicable to the type of contract, the above-referenced lists must be reviewed prior to completing the
below certification.

A person or entity unable to make the certification must provide a detailed, accurate, and precise description
of the activities of the person or entity, or of a parent entity, subsidiary, or affiliate, engaging in prohibited
activities in Russia or Belarus and/or investment activities in Iran. The person or entity must cease engaging
in any prohibited activities and provide an updated certification before the contract can be entered into.

If a vendor or contractor is found to be in violation of law, action may be taken as appropriate and as may
be 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.

CONTRACT AWARDS AND RENEWALS

I certify, pursuant to law, that neither the person or entity listed above, nor any parent
entity, subsidiary, or affiliate appears on the N.J. Department of Treasury's lists of
entities engaged in prohibited activities in Russia or Belarus pursuant to P.L. 2022,

c. 3 or in investment 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. (Skip Part 2 and sign and complete the Certification below.)