ELEVATOR MODERNIZATION AND REPAIR

1 BOROUGH OF ROSELLE UNION COUNTY, NEW JERSEY BID SPECIFICATIONS AND CONTRACT DOCUMENTS for ELEVATOR MODERNIZATION AND REPAIR Bids will be received by the Qualified Purchasing Agent of the Borough of Roselle in the Borough of Roselle’s Baker Conference Room, 210 Chestnut Street, Roselle, New Jersey at 5:00 pm on Tuesday, September 26, 2023. TABLE OF CONTENTS 2 Notice to Bidders....................................................................................... Pg. 3 Instructions to Bidders............................................................................... Pgs. 4 - 8 Non-Collusion Affidavit............................................................................ Pg. 9 Ownership Disclosure Certification........................................................... Pg. 10- 14 Affirmative Action Requirements.............................................................. Pgs. 15 - 19 Affirmative Action

Affidavit...................................................................... Pg. 20 NJ Anti-Discrimination Provisions.............................. ................ Pg. 21 Disclosures of Investment Activities in Iran.................... ................ Pg. 22 Americans with Disabilities Act of 1990....................................... Pg. 23 Acknowledgment of Receipt of Addenda...................................... Pg. 24 Bid Security............................................................................................... Pg. 25 Consent of Surety................................................................... Pg. 26 Certification of Non-Involvement in Prohibited Activities in Russia and Belarus............................................................................... Pgs. 27 - 28 Disbarred, Suspended or Disqualified Bidders................................. Pg. 29 Specifications.............................................................................................. Pgs. 30 Bid Form..................................................................................................... Pgs. 31 - 35 Bid Document Submission Checklist........................................... Pgs. 36 - 37 3 NOTICE TO BIDDERS Notice is hereby given that sealed bids will be received by hand-delivery, overnight delivery service, or by U.S. Mail, addressed to the Qualified Purchasing Agent, 210 Chestnut Street, Roselle, New Jersey, 07203, Public Call at 10:00 am, and thereafter unsealed and read in the Baker Conference Room, Roselle Borough, New Jersey (the “Borough”) on Tuesday, September 26, 2023 at or after 5:00 pm prevailing time, no bids being received after public call thereafter, for the following: ELEVATOR MODERNIZATION AND REPAIR The elevator materials must be in accordance with the specifications, copies of which are on file in the Qualified Purchasing Agent’s office, 210 Chestnut Street, Roselle, New Jersey, 07203 and may be obtained during regular business hours. During the performance of this contract, the Contractor shall conform with Affirmative Action regulations set forth in N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1 et seq., as amended and supplemented from time to time. Bidders are also required to comply with applicable statutory requirements set forth in the Contract Documents, including the requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.). Bids must be accompanied by a certified check, cashier’s check or bid bond for 10% of the total amount of the bid, but not to exceed $20,000.00, made payable to the Borough of Roselle. Bids must be enclosed in a sealed envelope with the bidder’s name and address and the designation of the materials/service bid noted on the outside of the envelope. The right is reserved to reject any and all bids, to increase or decrease quantities to be purchased or to waive any informality in the bids and accompanying documents received, all in accordance with applicable law. Bidders are required to be registered by the New Jersey Department of Labor and Workforce Development at the time bids are received pursuant to the Public Works Contractor Registration Act, N.J.S.A. 34:11-56.51. Bidders are also required to be registered by the New Jersey Department of Treasury, Division of Revenue, at the time bids are received pursuant to the Business Registration Act, N.J.S.A.52:32-44. BY ORDER OF THE QUALIFIED PURCHASING AGENT ERIC M. WALKER II QPA INSTRUCTIONS TO BIDDERS 4 1. All bids must be submitted on the forms furnished by the Borough for such purposes. These forms are available at the office of the Qualified Purchasing Agent (“QPA”). Bids not completed on the appropriate forms will be rejected and not considered for the award of a contract. 2. Bids must be placed in a sealed envelope addressed to the QPA, Borough of Roselle Municipal Building, 210 Chestnut Street, Roselle, New Jersey 07203. Bid packages must be submitted on the proposed bid submittal forms as provided, and in the manner designated. Bidders should also keep a complete copy of the bid packet, exactly as submitted. 3. Bids may be hand-delivered, sent by overnight delivery service, or mailed per the Notice to Bidders. In the case of bids sent by overnight delivery service or mailed, the Borough assumes no responsibility for their loss in transit or bids received after the designated date and time, and the Borough will return late bids to the bidder unopened. It is the responsibility of the bidder to ensure that their bid is presented to the Borough and officially received before the advertised date and time of the bid. It is understood and agreed upon that any person in the Borough will be absolved from responsibility for the premature opening of any bid not properly labeled and sealed. 4. 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 Form, attachment of additive information not required by the specifications, or irregularities of any kind, may be rejected by the Borough. Any changes, white-outs, strike outs, etc. in the bid must be initialed in ink by the person signing the bid. 5. All materials and services shall conform to the current specifications as set forth herein. 6. The QPA and the Borough Council reserve the right to reject any and all bids, and to waive any informality, all in accordance with applicable law. 7. Any addendum issued from time to time to provide additional information to the Bidders shall become an integral part of the Bid Specifications. Receipt of addendum shall be acknowledged by the bidders in the space provided on the Bid Form. 8. Should any Bidder be in doubt as to the intent of the plans and/or Bid Specifications, the Bidder should immediately notify the QPA, in writing, who will then send a written addendum to all Bidders recorded as having received the Contract Documents covering the point in question. Bidders may not rely on oral responses to inquiries. In order to comply with statutory notice requirements, all questions must be received by the Purchasing Agent no later than fourteen (14) days prior to the bid opening date. Questions received less than fourteen (14) days prior to the date for opening of Bids will not be answered. Only questions answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5 9. The Borough reserves the right to reject any or all Bids and to waive any minor informality in any Bid in accordance with applicable law 10. A certified check, cashier’s check, or bid bond drawn to the order of the Borough of Roselle for not less than ten percent (10%) of the amount of the bid, but not in excess of twenty thousand dollars ($20,000), payable unconditionally to the Borough shall be submitted with the bid as required. Failure to submit a bid guarantee shall result in a rejection of the bid. 11. N.J.S.A. 52:32-44 requires that each bidder submit proof of business registration prior to the award of a contract by the Borough. Proof of registration shall be a copy of the bidder’s Business Registration Certificate (BRC). 12. All bidders are hereby notified that every corporation, partnership, or limited liability company, according to the provision of Chapter33, Laws of 1977 of the State of New Jersey, must submit a statement prior to the receipt of the bid or accompanying the bid, setting forth the names and addresses of all stockholders in the corporation or partnership who own 10% or more of its stock, of any class or of all partners in the partnership, who own 10% or greater interest herein, as the case may be. If one or more such stockholder or partner is itself a corporation or partnership, the stockholder holding 10% or more of that corporation’s stock, or the individual partners 10% or greater interest in that partnership, as the case may be, shall also be listed. The disclosure shall be continued until names and addresses of every non-corporate stockholder, and individual partner, exceeding the 10% ownership criteria established in this act, has been listed. 13. The bidder shall conform with Affirmative Action regulations set forth in N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-31 et seq., and, if awarded a contract, bidder shall be required to comply with the above requirements. 14. All bid documents must be signed, completed, and notarized (where required), and submitted with your bid. 15. In accordance with N.J.S.A. 40A:11-18, only manufactured products of the United Stated, wherever available, and where possible be used with this project. 16. The contractor/vendor must comply with all provisions of the Americans with Disabilities Act, P.L. 101-336, in accordance with 42 U.S.C. §12101 et seq. 17. As a New Jersey governmental entity, the Borough is exempt from the requirements under New Jersey State Sales and Use Tax (N.J.S.A. 54:32B-1 et seq.), and does not pay any sales or use taxes. Bidders should note that they are expected to comply with the provisions of this act and the rules and regulations promulgated thereto to qualify them for examinations and reference to any and all labor, services, materials, and supplies furnished to the Borough. Contractors may not use the Borough’s tax-exempt status to purchase supplies, materials, 6 service, or equipment. 18. The successful bidder shall demonstrate business in the proper usage/cleanliness for the satisfactory performance of services described in the specifications. 19. The quantity required herein is as set forth in detail in the Bid Form attached hereto and made a part hereon giving the description of material or services to be furnished. In the event the quantity of material herein specified has not been used by the termination date of this contract, the Borough has the right to cancel the balance outstanding. It is further understood that the Borough reserves the right to reduce or increase quantities or items listed in the bid. 20. The successful bidder shall guarantee that all goods and materials supplied shall be new, unused, and meet the specifications as noted in this bid. The Borough will not accept substituted items that deviate from the items listed on the purchase order. 21. All potentially hazardous materials or substances must be properly labeled in full accordance with the New Jersey Right to Know Law (N.J.S.A. 34:5A-1 et seq. All contractors or vendors who need additional information about the New Jersey Right to Know Law are to contact the New Jersey Department of Health, Right to Know Program. 22. Unsatisfactory materials furnished by any bidder may at all times be rejected by the Borough and replaced by materials from another source. The Contractor will be responsible to pay any additional costs to the Borough for materials obtained from another source resulting from the successful bidder’s failure to provide satisfactory materials. 23. In the event the Contractor is unable for any reason, including temporary equipment failure, to furnish said material or services, the Borough has the right to obtain the material or services elsewhere and to charge any additional cost to the bidder. 24. The bidder shall assume all risk of and responsibility for, and agrees to indemnify, defend, and save harmless the Borough, its agents, employees and Council members from and against any and all claims, demands, suits, actions, recoveries, judgements and costs and expenses (including, but not limited to, reasonable attorney’s fees) in connection therewith on account of the loss of life or property or injury or damage to any person, body or property of any person or persons whatsoever, which shall arise from or result directly or indirectly from the work and /or materials supplied under this contract. This indemnification obligation is not limited by, but is in addition to, the insurance obligations contained in this agreement. The Contractor is to assume all liability incident to the work, including property damage caused by his employees or by any subcontractor employed by him or any of the subcontractor’s employees. 25. The successful bidder to whom the contract is awarded for any service work or construction work shall secure, pay the premiums for, and keep in force until the contract expires, 7 insurance of the types and amounts listed below: General Liability: $2,000,000 General Aggregate $1,000,000 Products $1,000,000 Personal Injury $1,000,000 Each Occurrence $50,000 Fire Damage $5,000 Medical Expense a. The Contractor must present to the Borough an insurance certificate in the above types and amounts before any work or service begins. b.The contractor must include the following clause on the insurance certificate: “The Borough of Roselle is named as an additional insured” 26. Award will be made by the Borough Council within sixty (60) days after receipt of bids. Award will be made to the lowest, responsible bidder who meets the requirements of the specifications. 27. All Bids shall remain open until such time as the Borough has entered into the Contract with the successful Bidder, or a period not to exceed sixty (60) days after the day of the Bid opening. The Borough, in its sole discretion, may release any Bid and return the Bid Security prior to that date. Bid Security in the form of certified or cashier’s checks will be returned to all, except the three apparent lowest Bidders within ten working days after the opening of Bids, and to the three lowest Bidders, within three (3) working days after the successful Bidder has executed the Contract. If the Contract has been executed within sixty (60) days after the opening of Bids, the amount of Bid Security will be returned upon the demand of any Bidder, provided that it has not been notified of the acceptance of its Bid. 28. The successful bidder shall execute a formal contract to fulfill the obligations incurred by his proposal within ten (10) days after notice of such award by the Borough. 29. Neither the contract, nor any part thereof, nor any monies due the Contractor shall be assigned without the written consent of the Borough. 30. Every effort will be made to pay the Contractor within thirty (30) to sixty (60) days provided the Borough receives the appropriate documentation including, but not limited to a signed voucher by the Contractor, invoices and if applicable, packing slips. 8 Payment will be rendered upon completion of services or delivery of full order to the satisfaction of the Borough, unless otherwise agreed to by written contract or mandated by applicable State law. The Borough, at its discretion may make partial payments. 31. Where brand names are specified, items of equal quality may be substituted, subject to prior inspection and acceptance by the Borough. 32. Any prospective bidder who wishes to challenge a bid specification shall file such challenges, in writing, with the Borough’s QPA agent no less than three (3) days prior to the opening of the bids. Challenges filed after that date shall be considered void and having no impact on the Borough or the award of a contract. 33. SPECIAL NOTE: PLEASE RETURN THE COMPLETE PACKAGE, AND INITIAL EACH PAGE TO INDICATE THAT YOU HAVE READ EACH ITEM AND UNDERSTAND SAME. THANK YOU. 9 NON-COLLUSION AFFIDAVIT State of New Jersey County of ss: I, residing in (name) (name of municipality) in the County of and State of of full age, being duly sworn according to law on my oath depose and say that: I am of the firm of (title or position) (name of firm) the bidder making this bid for the services entitled , and that I executed (title of bid) the bid with full authority to do so that said bidder has not, directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above named project; and that all statements contained in the bid and in this affidavit are true and correct, and made with full knowledge that the Borough of Roselle relies upon the truth of the statements contained in the bid and in the statements contained in this affidavit in awarding the contract for the services. I further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by . Subscribed and sworn to Before me this ___ day of Signature 2023 Print Name Notary Public of My Commission expires (Seal) Failure to complete, sign and notarize this form may result in a rejection of the bid. 10 OWNERSHIP DISCLOSURE CERTIFICATION N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43) This Statement Must Be Included with All Bid Submissions Name of Business: Address of Business: Name of person completing this form: N.J.S.A. 52:25-24.2: "No corporation, partnership, or limited liability company shall be awarded any contract nor shall any agreement be entered into for the performance of any work or the furnishing of any materials or supplies, unless prior to the receipt of the bid or proposal, or accompanying the bid or proposal of said corporation, said partnership, or said limited liability company there is submitted a statement setting forth the names and addresses of all stockholders in the corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the limited liability company who own a 10 percent or greater interest therein, as the case may be. If one or more such stockholder or partner or member is itself a corporation or partnership or limited liability company, the stockholders holding 10 percent or more of that corporation’s stock, or the individual partners owning 10 percent or greater interest in that partnership, or the members owning 10 percent or greater interest in that limited liability company, as the case may be, shall also be listed. The disclosure shall be continued until names and addresses of every noncorporate stockholder, and individual partner, and member, exceeding the 10 percent Ownership criteria established in this act, has been listed. To comply with this section, a bidder with any direct or indirect parent entity which is publicly traded may submit the name and address of each publicly traded entity and the name and address of each person that holds a 10 percent or greater beneficial interest in the publicly traded entity as of the last annual filing with the federal Securities and Exchange Commission or the foreign equivalent, and, if there is any person that holds a 10 percent or greater beneficial interest, also shall submit links to the websites containing the last annual filings with the federal Securities and Exchange Commission or the foreign equivalent and the relevant page numbers of the filings that contain the information on each person that holds a 10 percent or greater beneficial interest." 11 The Attorney General has advised that the provisions of N.J.S.A. 52:25-24.2, which refer to corporations and partnerships apply to limited partnerships, limited liability partnerships, and Subchapter S corporations. Failure of the bidder/proposer to submit the required information is cause for automatic rejection of the bid or proposal Part I Check the box that represents the type of business organization: □Sole Proprietorship (skip Parts II and III, sign and notarize at the end) □Non-Profit Corporation (skip Parts II and III, sign and notarize at the end) □Partnership □Limited Partnership □Limited Liability Partnership □Limited Liability Company □For-profit Corporation (including Subchapters C and S or Professional Corporation) □Other (be specific): _________________________________________________ Part II □ I certify that the list below contains the names and addresses of all stockholders in the corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the limited liability company who own a 10 percent or greater interest therein, as the case may be. O R □ I certify that no one stockholder in the corporation owns 10 percent or more of its stock, of any class, or no individual partner in the partnership owns a 10 percent or greater interest therein, or that no member in the limited liability company owns a 10 percent or greater interest therein, as the case may be. Sign and notarize the form below, and, if necessary, complete the list below. (Please attach additional sheets if more space is needed): 12 Name: Name: Address: Address: Name: Name: Address: Address: Name: Name: Address: Address: Name: Name: Address: Address: Name: Name: Address: Address: 13 Part III - Any Direct or Indirect Parent Entity Which is Publicly Traded: “To comply with this section, a bidder with any direct or indirect parent entity which is publicly traded may submit the name and address of each publicly traded entity and the name and address of each person that holds a 10 percent or greater beneficial interest in the publicly traded entity as of the last annual filing with the federal Securities and Exchange Commission or the foreign equivalent, and, if there is any person that holds a 10 percent or greater beneficial interest, also shall submit links to the websites containing the last annual filings with the federal Securities and Exchange Commission or the foreign equivalent and the relevant page numbers of the filings that contain the information on each person that holds a 10 percent or greater beneficial interest.” □ Pages attached with name and address of each publicly traded entity as well as the name and address of each person that holds a 10 percent or greater beneficial interest. O R □ Submit here the links to the Websites (URLs) containing the last annual filings with the federal Securities and Exchange Commission or the foreign equivalent A N D □ Submit here the relevant page numbers of the filings containing the information on each person holding a 10 percent or greater beneficial interest. _________________________________________________ 14 The Bidder hereby certifies by signature below that they have completed Part I, II or III as it relates to the attached Statement of Ownership (Ownership Disclosure Certification). Failure to complete, sign, notarize, and submit this form with the bid will result in automatic rejection of bid. Subscribed and sworn before me this ___ day of _______________________ 2023. (Notary Public) My Commission expires: (Affiant) (Print name of affiant and title if applicable) (Corporate Seal if a Corporation) C 15 STATE OF NEW JERSEY AFFIRMATIVE ACTION REQUIREMENTS MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1 et seq. During the performance of this contract, the contractor agrees as follows: A. 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 ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, 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 equal employment opportunity shall include, but not 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; C. The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union of the contractor’s commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D. 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. E. The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with N.J.A.C. 17:27-5.2. F. The contractor or subcontractor agrees to inform in writing appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, and 16 labor unions, that it does not discriminate on the basis of age, race, 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. G. 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. H. In conforming with the targeted 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, race, 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. I. The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase and Property, CCAU, EEO Monitoring Program 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 Division of Purchase and Property, CCAU, EEO Monitoring Program for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C. 17:27. NAME: SIGNATURE: TITLE: DATE: _______ 17 NOTICE TO CONTRACTORS RE: AFFIRMATIVE ACTION REGULATIONS (N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1 et seq.) PROCUREMENT AND SERVICE CONTRACTORS “Contractors are required to comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1 et seq.” 1. ALL CONTRACTORS 2. The contractor shall submit to the Borough, after notification of award but prior to the execution of a goods and services contract, one of the following three documents: (a) Letter of Federal Affirmative Action Plan Approval. (b) A Certificate of Employee Information Report. (c) Employee Information Report Form AA302 (electronically provided by the Division and distributed to the Borough through the Division’s website at www.state.nj.us/treasury/contract_compliance). The following questions must be answered by all prospective contractors: 3. Do you have a federally approved or sanctioned Affirmative Action Program? Yes No If yes, please submit a photo static copy of such approval. 4. Do you have a State Certificate of Employee Information Report approval? Yes No If yes, please submit a photo static copy of such approval. The undersigned contractor certifies that he is aware of the commitment to comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1 et seq. and agrees to furnish the required documentation pursuant to the Law. http://www.state.nj.us/treasury/contract_compliance 18 COMPANY: SIGNATURE TITLE: NOTE: A contractor’s contract must be rejected as non-responsive if a contractor fails to comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1 et seq. Subscribed and sworn to Before me this ___ day of Signature 2023 Print Name ______________________________ Notary Public of Title My Commission expires (Seal) NOTE: A contractor’s contract must be rejected as non-responsive if a contractor fails to comply with the requirements of N.J.S.A 10:5-31 et seq. and N.J.A.C. 17:27-1 et seq. Failure to complete, sign and notarize this form may result in automatic rejection of bid. 19 NEW JERSEY ANTI-DISCRIMINATION PROVISIONS N.J.S.A. 10:2-1 ET SEQ. Pursuant to N.J.S.A. 10:2-1, if awarded a contract, the contractor agrees that: a. In the hiring of persons for the performance of work under this contract or any subcontract hereunder, or for the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under this contract, no contractor, nor any person acting on behalf of such contractor or subcontractor, shall, by reason of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex, discriminate against any person who is qualified and available to perform the work to which the employment relates; b. No contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee engaged in the performance of work under this contract or any subcontract hereunder, or engaged in the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under such contract, on account of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex; c. There may be deducted from the amount payable to the contractor by the contracting public agency, under this contract, a penalty of $50.00 for each person for each calendar day during which such person is discriminated against or intimidated in violation of the provisions of the contract; and d. This contract may be canceled or terminated by the contracting public agency, and all money due or to become due hereunder may be forfeited, for any violation of this section of the contract occurring after notice to the contractor from the contracting public agency of any prior violation of this section of the contract. No provision in this section shall be construed to prevent a board of education from designating that a contract, subcontract or other means of procurement of goods, services, equipment or construction shall be awarded to a small business enterprise, minority business enterprise or a women's business enterprise pursuant to P.L.1985, c.490 (N.J.S.A.18A:18A-51 et seq.) 20 21 AMERICANS WITH DISABILITIES ACT OF 1990 Equal Opportunity for Individuals with Disability The contractor and the Borough of Roselle, (“Owner”) do hereby agree the provisions of Title 11 of the Americans with Disabilities Act of 1990 (the “Act”) (42 U.S.C. §12101 et seq.), which prohibits discrimination on the basis of disability by public entities in all services, programs, and activities provided or made available by public entities, and the rules and regulations promulgated pursuant 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 or 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 that 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 incus any expense to cure a violation of the Act that 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, servant, 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 any 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, servant, employees, and subcontractors for any claim that 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 law. ACKNOWLEDGMENT OF REVISIONS OR ADDENDA 22 ELEVATOR MODERNIZATION, MAINTENANCE AND REPAIR Pursuant to N.J.S.A. 40A:11-23.1a, the undersigned Bidder hereby acknowledges receipt of the following notices, revisions, or addenda to the bid advertisement, specifications, or Contract Documents. By indicating date of receipt, Bidder acknowledges the submitted Bid takes into account the provisions of the notice, revision, or addendum. Note that the local unit’s record of notice to bidders shall take precedence and that failure to include provisions of changes in a Bid may be subject for rejection of the Bid. I _____________________________, acknowledge receipt of the following addenda and or revisions. They are as follows: Local Unit Reference Number or Title of Addendum/Revision How Received (mail, fax, pick-up, etc.) Date Received Acknowledgement by Bidder: Name of Bidder: By Authorized Representative: Signature: Print Name and Title: Date: 23 BID SECURITY This Bid is accompanied by Bid Security in accordance with the conditions stated in the Bid Specifications. The bid security in the form of: A. Surety Bid Bond B. Certified/Treasurer’s Check C. Cashier’s Check The amount of ______________ ($ ) payable to the Borough of Roselle The Bidder hereby agrees that if this Bid shall be accepted by the Borough, and the Bidder shall fail to execute and deliver the Agreement and the required Performance Bond or other required documents in accordance with the requirements of this Bid and other sections of the Contract Documents within the time specified, then the Bidder shall be deemed to have abandoned the contract and thereupon the Bid and acceptance shall be null and void and the security accompanying the Bid shall be forfeited to, and retained by, the Borough, as liquidated damages for such failure or neglect, and to indemnify the Borough for any loss which may be sustained by failure of the Bidder to execute the Agreement and furnish documents as aforesaid. Nothing in the Bid Specifications and Contract Documents shall prevent the Borough from recovering actual damages over and above the sum of the forfeited Bid Security. In compliance with the laws of the State the Bidder is: An Individual A Partnership of having principal offices at __________________ 24 CONSENT OF SURETY In consideration of the premises, and of one dollar to it in hand paid by the Bidder, the receipt whereof is hereby acknowledged, the undersigned consents and agrees that if the contract, for which the preceding estimate and Bid is made, be awarded to the corporation, person or persons making the same, it will become bound as surety and guarantor for its faithful performance, and will execute it as party of the third part thereto when required to do so by the Borough, and if said corporation, person or persons shall omit or refuse to execute the Agreement if so awarded, it will pay, on demand, to the said Borough any difference(s) between the sum Bid by said corporation, person or persons and the sum which the said Borough may be obliged to pay the corporation, person or persons to whom the contract may be awarded; the amount in each case to be determined by the Bids for said contract. In witness whereof, said surety has set its seal and caused these presents to be signed by its duly authorized officers, this Day of 20____. ATTEST: BY (SEAL) Surety ATTEST: BY Title 25 CERTIFICATION OF NON‐INVOLVEMENT IN PROHIBITED ACTIVITIES IN RUSSIA OR BELARUS PURSUANT TO P.L.2022, c.3 CHECK THE APPROPRIATE BOX  I, the undersigned , am authorized by the person or entity seeking to enter into or renew the contract identified above, to certify that the Vendor/Bidder is not engaged in prohibited activities in Russia or Belarus as such term is defined in P.L.2022, c.3,1 section 1.e, except as permitted by federal law. I understand that if this statement is willfully false, I may be subject to penalty, as set forth in P.L.2022, c.3, section 1.d. OR  I, the undersigned am unable to certify above because the person or entity seeking to enter into or renew the contract identified above, or one of its parents, subsidiaries, or affiliates may have engaged in prohibited activities in Russia or Belarus. A detailed, accurate and precise description of the activities is provided below. Failure to provide such description will result in the Quote being rendered as non-responsive, and the Department/Division will not be permitted to contract with such person or entity, and if a Quote is accepted or contract is entered into without delivery of the certification, appropriate penalties, fines and/or sanctions will be assessed as provided by law. Description of Prohibited Activity Attach Additional Sheets If Necessary. 1 Engaged in prohibited activities in Russia or Belarus” means (1) companies in which the Government of Russia or Belarus has any direct equity share; (2) having any business operations commencing after the effective date of this act that involve contracts with or the provision of goods or services to the Government of Russia or Belarus; (3) being headquartered in Russia or having its principal place of business in Russia or Belarus, or (4) supporting, assisting or facilitating the Government of Russia or Belarus in their campaigns to invade the sovereign country of Ukraine, either through in-kind support or for profit. https://www.njleg.state.nj.us/Bills/2022/S2000/1889_R2.PDF 26 If you certify that the bidder is engaged in activities prohibited by P.L. 2022, c. 3, the bidder shall have 90 days to cease engaging in any prohibited activities and on or before the 90th day after this certification, shall provide an updated certification. If the bidder does not provide the updated certification or at that time cannot certify on behalf of the entity that it is not engaged in prohibited activities, the State shall not award the business entity any contracts, renew any contracts, and shall be required to terminate any contract(s) the business entity holds with the State that were issued on or after the effective date of P.L. 2022, c. 3. Signature of Authorized Representative Date Print Name and Title of Authorized Representative 27 AFFIDAVIT REGARDING LIST OF DEBARRED, SUSPENDED OR DISQUALIFIED BIDDERS NAME OF BIDDER: _____________________________________________________________ STATE OF NEW JERSEY _______________) SS: COUNTY OF ____________________) Re: Road Materials for Maintenance and Repair I, , of the municipality of _____________________ in the State of ___________________, of full age, being duly sworn according to law on my oath depose and say that: I am of the firm of _________________________, the Bidder making the bid for the above-named project. I have executed the bid with full authority to do so. Said Bidder is not at the time of the making of this bid included on the New Jersey State Treasurer’s or the Federal Government’s List of Debarred, Suspended or Disqualified Bidders as a result of action taken by any state or federal agency. Name of Bidder By: (Signature of Authorized Representative) Subscribed and sworn to before me this _____ day of _________________ 20___. Notary Public of ____________________ My Commission Expires: __, 20___. 28 SPECIFICATIONS Operation Selective Collective Control System New Non-Proprietary Micro-Processor Car Frame and Platform Retain Car Guides Retain Guide Rails Retain Car and Hall Push Button Fixtures New Car Position Indicators New Voice Annunciator New Directional Indicator New Telephone New Emergency Lighting New Hydraulic Cylinders & Piston Retain Power Unit New Supply Line Piping Retain Over-Speed (Rupture) Valve New Buffers Retain Control Valve Retain Door Operator New Door Restrictor New Door Reopening Device New Hoistway Entrance Doors and Frames Retain Hoistway Door Interlocks New Hoistway Door Tracks & Hangers Retain Hoistway Door Closers Retain Hoistway Limits New Hoistway Wiring New Traveling Cable New Pit Stop Switch New Top of Car Working Light New Top of Car Inspection Station New 29 BID FORM TO THE BOROUGH COUNCIL & ADMINISTRATOR OF THE BOROUGH OF ROSELLE FOR: ELEVATOR MODERNIZATION AND REPAIR The undersigned, having read and understood the ADVERTISEMENT, INSTRUCTIONS TO BIDDERS, SPECIFICATIONS AND all other papers included in this bid document shall comply with all the terms, covenants and agreements if awarded the contract. Accompanying this bid is bid security in the amount of ten percent (10%) of the bid, but not to exceed $20,000.00 in satisfactory form, as outlined in NOTICE TO BIDDERS. The undersigned is a ________________________ Under the laws of the state of __________________________Having principal offices at ______________________________. The undersigned, as bidder, declares that the only person or parties interested in this proposal as principles named herein; that this proposal is in all respects fair and without collusion or fraud; that no officer or employee of the owner is directly or indirectly interested in this bid or the work of this contract or examined the annexed proposed forms of the Contract and information to Bidders, the Notice to Bidder, the Special Provisions and the General Conditions, and that he proposes and agrees that if this proposal is accepted; he will contract with the above-named owner all materials/services specified in the contract in the manner and time therein specified and according to the requirements of the Borough Official or Borough Engineer as therein set forth, and that he will take full payment therefore per prices listed on the Bid Form.... 30 BID FORM Machine Room Equipment Elevator Controller New Non-Proprietary Microprocessor based Controller shall be installed to perform functions of elevator motion, car operation and door control. This shall include all the hardware required to connect, transfer and interrupt power, and protect the motor against overloading and single phasing. The system shall also perform car operational control automatic operation, independent operation, firefighters’ service, and inspection operation and will meet all ADA requirements. The System will be designed to accept reprograming with minimum down time. The control system shall be arranged to maintain consistent floor leveling accuracy. The Control System will also have the following additional features: Solid State Soft Starter The control of the hydraulic power unit will be through a Solid- State Soft Starter which provides smooth starting of the hydraulic pump motor and increases motor life Anti-Creep The Control shall be provided with an anti-creep operation to automatically correct a change in car level as required by A17.1 rule 3.26.3 Low Oil Protection This feature will be provided to render the elevator inoperative if for any reason the liquid in the tank falls below the permissible minimum as per ASME A17.1 rule 3.26.9 Firefighter’s Emergency Operation (FEO) New firefighters’ emergency operation (FEO) Special Emergency Service operation shall be provided in compliance with the latest applicable revision of the ASME/ANSI A17.1 Code. The necessary upgrades shall be provided in the elevator control system as well as the car stations. Power Unit A New Hydraulic Power Unit, Oil, and Hydraulic Valve will be installed. Hoistway Equipment Leveling Device New solid-state leveling devices will be provided and incorporated with the new microprocessor-based controller. Leveling device shall utilize sensors and magnetic coding to determine hoistway position. Hydraulic Cylinders and Pistons The Existing Hydraulic Cylinder and Piston will be retained. New Pistons Seals will be installed. A new Over-Speed Valve will be installed which will prevent the elevator from over speeding in the down direction or in case of a failure of the oil line. 31 BID FORM Hoistway Wiring and Conduit New Hoistway Wiring and Conduit will be installed as needed. All conductors shall be run in rigid steel conduit or wire-ways and shall be installed in an orderly manner. Flexible metal conduit will be used for short runs between equipment. All wire and cable shall be copper. The conductors to the hoistway door interlocks from the hoistway riser shall be flame-retardant and suitable for a temperature of not less than 392 degrees F. Conductors shall be type SF or equivalent Traveling Cable Furnish and Install new traveling cables made of flexible, insulated wires. The cables will be protected with a moisture proof undercover. There should be at least 10% spare conductors after completion. Include shielded, coaxial, and communications wires for cab telephone. The traveling cables shall have a urethane jack Alarm Bell One (1) new alarm bell on top of the elevator car will be installed Top of Car Inspection Station An inspection and maintenance station shall be mounted on top of the elevator car. This station shall contain up and down direction buttons, a center run button and an emergency stop button. This station shall be fixed to the car crosshead. The car shall be operated by constant pressure on the appropriate directional button and run button. Provisions shall be made to make the normal operating devices inoperative while this device is in use. Transfer from automatic to car top inspection operation shall be from the car top. The top of car operating station shall also include a fire service light and buzzer. Hoistway Door Equipment New Hoistway Door Interlocks will be installed at each landing. Car Work Lights Install new work lights, with guard on car top and bottom. Includes 120 VAC, 20 AMP, G.F.C.I. type utility outlets Car Door Operator Provide a new closed loop door operator. Car and hoist way doors shall be power operated by means of a closed loop door operator mounted on top of the car designed to give consistent door performance with changes in temperature, wind or minor obstruction in the door track. The system continually monitors door speed and position and adjusts it accordingly to match the predetermined profile. Car Door Clutch We will furnish and install a new drive clutch on the car door to properly activate interlock mechanism and smoothly control motion of the hall doors in conjunction with the car door. Door Zone Restrictor Install a mechanical zone lock restrictor. The restrictor shall prevent the opening of the car door when the car is outside of the landing zone. 32 BID FORM Door Protection Device (Safety Edge) Install a new solid state, proximity infrared passenger protection device on the car door. Elevator doors shall be provided with a reopening device that will stop and reopen the car door(s) and hoistway door(s) automatically should the door(s) become obstructed by an object or person. Car Station A new car operating panel shall be furnished. The panel shall contain a bank of mechanical illuminated buttons marked to correspond with the landings served, an emergency call button, emergency stop button, door open and door close buttons and a light switch. All buttons, when applicable, to be long life LED illumination. This panel shall be equipped with a button that shall initiate an ADA Compliant TwoWay Communication device. This will be a Stainless Steel #4 Finish, additional Finishes are available at an additional cost. Emergency Light A new emergency light shall be installed integral with the new Car Operation Panel. This will provide illumination for a minimum of Four (4) Hours. Illumination will be no less than 0.2 fc when measured 48 inches above the car floor and 12 inches in front of car operating panel. Car Position Indicator We will install a new LED type readout in the car station to show floor locations. The LED characters shall be 2" high with a screen flush with panel surface of the fixture cover. Car Lantern and Gong We will install Furnish and install a car lantern and gong (aka traveling lantern) mounted vandal resistant design on the car door strike on the jamb(s) to comply with all ADA Requirements. "UP" arrow shall illuminate in green and the "DOWN" arrow shall illuminate in red. Illumination shall be LED. An electronic chime or gong mounted in the lantern unit will sound once to indicate that the car will be traveling in the "UP" direction and will sound twice to indicate that the elevator will be traveling in the "DOWN" direction Voice Annunciator Install a new Voice Annunciator. Digitized floor annunciation to indicate the floor at which the car is about to stop. The verbal announcement indicating the floor shall complete prior to the initiation of the door opening. Shall comply with all current code requirements. Incorporate or locate this in either the car station or the car position indicator Emergency Phone In-Car We will Provide an automatic dialing, hands-free telephone in the car, mounted as an integral part of the car operating panel. Pressing the emergency alarm button or HELP push button in the car panel shall initial the telephone. It shall automatically dial a programmed number to alert the security personnel that there is a problem in the elevator. Calls shall terminate externally and not from within the car. Modernization Services Page 7 of 11 Two- Way Visual Communication In the event of an emergency, riders can call for help using the call/phone button inside the elevator on the Two-Way Emergency Communications Visual Device. Once the call is made, riders have the option to communicate with dispatchers via standard voice communications, or visually by answering questions that appear on the device’s easy-to-read screen. The Two-Way Emergency Communications Visual Device also includes a video camera that becomes activated when a rider makes a call for help using its call/phone button. The video camera quickly provides dispatchers a visual assessment of the situation inside of the elevator. Internet connection required to the Elevator Machine Room. Additional Monthly Fee Applies. Hall Fixtures New surface mount hall buttons shall be installed at each landing. An up button and a down button at each intermediate landing and a single button at each terminal landing shall be installed as well as required keyswitches. All buttons, when applicable, shall be long-life LED 33 illumination. This will be a Stainless Steel #4 Finish; additional Finishes are available at an additional cost. Hoistway Access Switches Furnish and install at the top and bottom landings hoistway access key-operated switches Pit Buffers Will cleaned and painted. Replace if needed. Pit Stop Switch Furnish and install New Pit Stop Switch. Pit stop switch shall be so located as to be accessible from the pit access door. Pit stop switches shall be of the PUSH TO STOP type. Cleaning, Lubrication, Adjustment and Painting After Completion of the Modernization, we will perform a complete clean down of the Elevator Hoistway, Elevator Interior, Elevator Pit, and Elevator Machine Room. We will lubricate and adjust all Door Equipment, Rails (if applicable), and other operational components. We will paint the following with one coat of rust inhibiting paint: Top Of Elevator Cab Elevator Pit Elevator Machine Room Floor. In accordance with governing codes: 1. A properly framed and enclosed legal hoistway. 2. Suitable machine room with legal access and ventilation. Temperature in the machine room is to be maintained between 55F and 90F. 3. Provide smoke alarm connection to the elevator control panel. 4. Provide Fire Alarm Initiating Devices as needed 5. A Dedicated telephone line is to be run to the elevator control panel. 6. Provide an adequate staging and work area for the length of the project. 7. A fused disconnect switch for each elevator per the National Electrical Code with feeder or branch wiring to controller. 8. A 120-volt, AC, 20-amp, single phase power supply with fused SPST disconnect switch for each elevator, with feeder wiring to each controller for car lights. 9. Suitable light and GFCI outlets in machine room with light switches located within 18 inches of lock jamb side of machine room door and in the elevator pit. 10. Sump Pump with Oil/Water Separator and Dedicated Circuit 11. Any additional costs for additional inspections due to failed Inspections from Work by Others items. 34 BID DOCUMENT SUBMISSION CHECKLIST ELEVATOR MODERNIZATION AND REPAIR A. Failure to submit the following documents is a mandatory cause for the bid to be rejected. (N.J.S.A. 40A:11-23.2) Required with Submission Initial each item Of Bid Submitted with Bid (Borough’s checkmarks) (Initial each item)  A bid guarantee as required by N.J.S.A. 40A:11-21 A Business Registration Certificate N.J.S.A. 52:32-44 (prior to the award of a contract by the Borough)  An Ownership Disclosure Certification required by N.J.S.A. 52:25-24.2 Public Works Contractor Registration as required by N.J.S.A. 34:11-56.48 (prior to the award of a contract by the Borough)  Bidder’s acknowledgment of receipt of any notice(s) or revision(s) or addenda to an advertisement, specifications or bid document(s)  Bid Form B. Failure to submit the following documents may be a cause for the bid to be rejected. (N.J.S.A. 40A:11-23.1b.) Required with submission of bid (Borough’s checkmarks) Initial each item submitted with bid (Bidder’s initials) Required with submission of bid (Borough’s checkmarks) Initial each item submitted with bid (Bidder’s initials)  Checklist of required documents signed below  Non-Collusion Affidavit (this form must be Notarized)  American with Disabilities Act  Corporate Resolution (if applicable)  N.J. Suspension and Debarment Certification  Affirmative Action Requirements  Disclosure of Investment Activities in Iran  Affidavit re: List of Debarred, Disqualified or  Certification of Non- Involvement in Prohibited 35 Suspended Bidders Activities in Russia and Belarus The following items, as checked, shall be required after award of the contract: Certification of Insurance ________ Certificate of Employee Information Report ________ Executed Contract ________ SIGNATURE: The undersigned hereby acknowledges and has submitted the above -listed requirements, and reviewed entire bid package Name of Bidder: By Authorized Representative: Signature: Print Name and Title: Date: