SPECIFICATIONS FOR 95 MID-MOUNT AERIAL PLATFORM FIRE TRUCK WITH 2000 GPM PUMP. June 2012

Transcription

1 SPECIFICATIONS FOR 95 MID-MOUNT AERIAL PLATFORM FIRE TRUCK WITH 2000 GPM PUMP June 2012 City of Woodbury 33 Delaware Street Woodbury, NJ Prepared by: Chief William Volk, Fire Department Robert Law, Qualified Purchasing Agent

2 TABLE OF CONTENTS SECTION 1: MANDATORY REQUIREMENTS 1. tice to s Affirmative Action Requirements Local Public Contract Law New Jersey Business Registration Requirements Americans with Disabilities Act of Prompt Payment Disclosure of Contributions SECTION 2: OWNER S INFORMATION TO BIDDERS 1. Description of Work Copies of Bidding Documents Specifications Intent of Contract Documents Examination of Contract Documents and Site Interpretations and Addenda Bid Form Bid Bonds or Certified Check, Letter of Surety and Performance Bond Execution of Contract Documents Qualifications of s Affirmative Action Requirements Local Public Contracts Law Buy American Debarred, Suspended & Disqualified Provision Opening of Bids Bids to Remain Subject to Acceptance Withdrawal of Bid Forms Rejection of Bids Basis of Award Award of Contract Substitutions Payment Withheld Contractor s Responsibilities Alternative Dispute Resolutions SECTION 3: TECHNICAL SPECIFICATIONS City of Woodbury Purchase of 95 Mid-Mount Aerial Platform Fire Truck with 2000 GPM Pump 1

3 SECTION 4: BID DOCUMENTS Bid Form Checklist Bid Form Agreement of Surety Ownership Disclosure New Jersey Debarred List Affidavit Qualifications New Jersey n-collusion Affidavit Resolution of Authorization if is a Corporation New Jersey Business Registration Certification SECTION 5: CONTRACT AWARD DOCUMENTS Contract tice of Award Affirmative Action Certification Affirmative Action Affidavit City of Woodbury Purchase of 95 Mid-Mount Aerial Platform Fire Truck with 2000 GPM Pump 2

4 SECTION 1 MANDATORY REQUIREMENTS City of Woodbury Purchase of 95 Mid-Mount Aerial Platform Fire Truck with 2000 GPM Pump 1-1

5 CITY OF WOODBURY - NOTICE TO BIDDERS Sealed Bids for a 95 MID-MOUNT AERIAL PLATFORM FIRE TRUCK WITH 2000 GPM PUMP, in the City of Woodbury, will be received at 2:00 p.m. on June 20, 2012 at which time Bids will be publicly opened and read aloud in the City Hall 2 nd Floor Council Chambers, located at 33 Delaware St, Woodbury, NJ Bids will not be accepted after the specified time. 1. BID DOCUMENTS: The Specifications and Bid Form for the project can be obtained from the Qualified Purchasing Agent (QPA) of the City of Woodbury, 33 Delaware St., Woodbury NJ 08096, (856) x129, RLaw@woodbury.nj.us and may be inspected by prospective s during business hours. The QPA will furnish the with a copy of the specifications upon request. Bids must be on the official Bid Form and accompanied by a Consent of Surety, a n- Collusion Affidavit, other documents required pursuant to the specifications, and be delivered at the place on or before the hour named above. Each Bid must state the name and address of person, firm and corporation interested in the same as a principal. Bids must be submitted in an opaque sealed envelope, addressed to the Qualified Purchasing Agent, 33 Delaware St., PO Box 180, Woodbury NJ and identified as Bid Fire Truck. The City of Woodbury will award the bid to the qualified who submits the lowest responsible bid price as specified on the bid form. Specifications provide for receipt of Bids by mail. Those Bids which are mailed to the contracting unit shall be sealed, properly marked and shall only be opened for examination at such time and place as all Bids received are unsealed and announced. The City will not assume responsibility for bids not delivered in person to the QPA prior to the opening. The Mayor, City Council and its Solicitor will be the sole discretionary body for consideration or rejection of the Bids. 2. WITHDRAWAL OF BIDS: Any Bid may be withdrawn prior to the above scheduled time for the opening of Bids or any authorized postponement thereof. Bids received after time and date designated shall not be considered. may withdrawal a Bid for a period of sixty (60) calendar days after the actual date of the opening thereof. 3. AFFIRMATIVE ACTION REGULATIONS: s are required to comply with the requirements of P.L. 1975, c.127 (NJAC 17:27). 4. BUSINESS REGISTRATION CERTIFICATE: The provisions of the New Jersey Business Registration Requirements shall be adhered to on this project. Robert Law, Qualified Purchasing Agent City of Woodbury Purchase of 95 Mid-Mount Aerial Platform Fire Truck with 2000 GPM Pump 1-2

6 EXHIBIT A MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127) 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. 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. l7:27-5.2, or a binding determination of the applicable county employment goals determined by the Division, pursuant to N.J.A.C. 17: 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. City of Woodbury Purchase of 95 Mid-Mount Aerial Platform Fire Truck with 2000 GPM Pump 1-3

7 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. City of Woodbury Purchase of 95 Mid-Mount Aerial Platform Fire Truck with 2000 GPM Pump 1-4

8 DISCLOSURE STATEMENT P.L Chapter 33 Local Public Contracts Law corporation or partnership 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, the cost of which is to be paid with out of any public funds, by the State, or of any county, municipality or school district, or by any authority, board or commission which exercises governmental functions, unless prior to the receipt of the Bid or accompanying the Bid, of said corporation or said partnership, there is submitted a statement setting forth the names and address of all stockholders in the corporation or partnership who own 10% or more or its stock, of any class or of all individual partners in the partnership who own a 10% or greater interest therein, as the case may be. If one or more such stockholder or partner is itself a corporation or partnership, the stockholders holding 10% or more of that corporation's stock, or the individual partners owning 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. This act shall take effect immediately. Approved and effective March 8, City of Woodbury Purchase of 95 Mid-Mount Aerial Platform Fire Truck with 2000 GPM Pump 1-5

9 New Jersey Business Registration Requirements In accordance with N.J.S.A. 52:32-44, bidders shall provide with their bid a Business Registration Certificate issued by the State of New Jersey. Please note that having provided this form to the City previously does NOT exempt you from providing this form with this bid. The contractor shall provide written notice to its subcontractors and suppliers of the responsibility to submit proof of business registration to the contractor. The requirement of proof of business registration extends down through all levels (tiers) of the project. Before final payment on the contract is made by the contracting agency, the contractor shall submit an accurate list and the proof of business registration of each subcontractor or supplier used in the fulfillment of the contract, or shall attest that no subcontractors were used. For the term of the contract, the contractor and each of its affiliates and a subcontractor and each of its affiliates [N.J.S.A. 52:32-44(g)(3)] shall collect and remit to the Director, New Jersey Division of Taxation, the use tax due pursuant to the Sales and Use Tax Act on all sales of tangible personal property delivered into this State, regardless of whether the tangible personal property is intended for a contract with a contracting agency. A business organization that fails to provide a copy of a business registration as required pursuant to section 1 of P.L.2001, c.134 (C.52:32-44 et al.) or subsection e. or f. of section 92 of P.L.1977, c.110 (C.5:12-92), or that provides false business registration information under the requirements of either of those sections, shall be liable for a penalty of $25 for each day of violation, not to exceed $50,000 for each business registration copy not properly provided under a contract with a contracting agency. 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. subcontractors through all tiers of a project must provide written notice to their subcontractors and suppliers to submit proof of business registration and sub contractors shall collect such proofs of business registration and maintain them on file; 3. prior to receipt of final payment from a contracting agency, a contractor must submit to the contracting agency an accurate list of all subcontractors and suppliers or attest that none was used; and 4. 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. 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 425 for each day of violation, not to exceed $50,000 for each business registration copy not provided or City of Woodbury Purchase of 95 Mid-Mount Aerial Platform Fire Truck with 2000 GPM Pump 1-6

10 maintained under a contract with a contracting agency. Information on the law and its requirements are available by calling A business organization that fails to provide a copy of a business registration as required pursuant to section 1 of P.L.2001, c.134(c.52:32-44 et al.) or subsection e. or f. of section 92 of P.L.1977, c.110(c.5:12-92), or that provides false business registration information under the requirements of either of those sections, shall be liable for a penalty of $25 for each day of violation, not to exceed $50,000 for each business registration copy not properly provided under a contract with a contracting agency. City of Woodbury Purchase of 95 Mid-Mount Aerial Platform Fire Truck with 2000 GPM Pump 1-7

11 AMERICANS WITH DISABILITIES ACT OF 1990 Equal Opportunity for Individuals with Disability The contractor and the City of Woodbury, (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. S 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. City of Woodbury Purchase of 95 Mid-Mount Aerial Platform Fire Truck with 2000 GPM Pump 1-8

12 PROMPT PAYMENT REQUIREMENTS Requests for payment of goods or services delivered shall be made on City of Woodbury vouchers with copies of supplier s invoices attached which shall specify the quantity, description, unit and extended prices of each item delivered. Payments shall not be provided on a frequency less than a monthly basis after services are rendered and vouchers are timely submitted for review and processing. For construction contracts the City shall make periodic payments in accordance with P.L. 2006, Chapter 96. Contractors shall submit requests for payments to the appropriate City official or Municipal Engineer as per the below schedule. This request for payment shall include but not be limited to: 1) City of Woodbury voucher with original claimant s signature, 2) Itemized invoice, 3) Such other pertinent documents, spreadsheets, schedules of values, etcetera which may be required to verify the claim. Bills received after the deadline in the below schedule shall be deferred to the next payment cycle. Bills must be submitted to the City by the first of each month. Within twenty (20) calendar days of receipt of request for payment by the City, the City shall provide written notification to the contactor of any reason for withholding such payment. The contractor shall remedy such deficiencies within five (5) calendar days or the City shall pay such portion of the request which has been completed in accordance with the provisions of the contract. The approved claim will then be listed on that month s bill list and paid by the 30th of that month. Contractors agree they shall comply with the City s prompt payment procedure and subsequent developed payment schedules as fully as if included in this specification. NOTE: The deadline for receipt of payment requested by the City and the corresponding Governing Body meeting date for processing of payment will be furnished to the contractor with the issuance of the contract. City of Woodbury Purchase of 95 Mid-Mount Aerial Platform Fire Truck with 2000 GPM Pump 1-9

13 DISCLOSURE OF CONTRIBUTIONS Starting in January 2007, all business entities are advised of their responsibility to file an annual disclosure statement of political contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A. 19:44A if they receive contracts in excess of $50,000 from public entities in a calendar year. Business entities are responsible for determining if filing is necessary. Additional information on this requirement is available from ELEC at or at City of Woodbury Purchase of 95 Mid-Mount Aerial Platform Fire Truck with 2000 GPM Pump 1-10

14 SECTION 2 INFORMATION TO BIDDERS City of Woodbury Purchase of 95 Mid-Mount Aerial Platform Fire Truck with 2000 GPM Pump 2-1

15 SECTION 2 OWNER S INFORMATION TO BIDDERS 1 Description of Work 1.1 The specifications involve the purchase of a 95 Mid-Mount Aerial Platform Fire Truck with 2000 GPM Pump for the City of Woodbury. 2 Copies of Bidding Documents 2.1 Complete sets of the Bidding Documents may be obtained from the Qualified Purchasing Agent (QPA). The QPA will not accept requests for partial sets of the Bidding Documents. 2.2 Complete sets of Bidding Documents shall be used in preparing Bids; the Owner shall assume any responsibility for neither errors nor misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 The Owner in making copies of the Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3 Specifications 3.1 Persons desiring to submit Bids will find attached hereto detailed specifications and Bid Forms. The specifications are to be considered as and shall form a part of the Contract Documents. 3.2 The time at which Bids will be received will be found in the published tice To s. Copies of the specifications can be obtained from Robert Law, Qualified Purchasing Agent, City of Woodbury, 33 Delaware Street Woodbury NJ Intent of Contract Documents 4.1 The intent of the Contract Documents is to obtain a complete job, satisfactory to the Owner. 4.2 It shall be understood that the has satisfied the full requirements of the Contract Documents and has based the Bid Form upon such understanding. 5 Examination of Contract Documents 5.1 The specifications can be examined during normal business hours at the office of the City of Woodbury, 33 Delaware Street Woodbury, New Jersey, Interpretations and Addenda 6.1 All questions about the meaning or intent of the Bidding Documents are to be directed to Public Works Supervisor. Interpretations or clarifications considered necessary by the Public Works Supervisor in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by the Public City of Woodbury Purchase of 95 Mid-Mount Aerial Platform Fire Truck with 2000 GPM Pump 2-2

16 Works Supervisor as having received the Bidding Documents in accordance with the Local Government Contracts Law 40A: Questions received less than ten (10) days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6.2 Addenda may also be issued by the Qualified Purchasing Agent to modify the Bidding Documents as deemed advisable by Owner or Engineer. 6.3 In any case during the time that this project is being advertised for Bids, all changes or modifications in Bid Documents or other Contract Documents will be communicated to all s by certified mail in the form of written addenda so as to insure that s will have all available supplemental information before Bids are received. 6.4 All Addenda duly issued as set forth above shall become part of the Bidding Documents. Failure of any to receive such Addenda shall not relieve the Contractor from any obligation under the Bid as submitted. 6.5 Contact personnel: 7 Bid Form Robert Law, Qualified Purchasing Agent City of Woodbury 33 Delaware Street Woodbury, NJ (856) x129 Rlaw@woodbury.nj.us 7.1 If any changes are made, that shall be cause for the Owner to reject any Bids, in the Owner s discretion depending upon the significance of the change. All erasures, interpolations, or other physical changes in the Bid Forms shall be signed or initialed by the. 7.2 The bid price of each item on the form must be stated in numerals and, if required, in words. Subject to the Owner s right to correct a s mathematical totals, a discrepancy between the word and numeral for a particular item will be resolved in favor of the word. In the event of error in extension of unit prices bid multiplied by quantities, the unit price bid shall be held and the Owner will make the correct extension and insert the corrected total. This corrected total shall be that which is considered for the award of the contract. 7.3 The Bid of an individual must be signed by the individual, whose signature must be witnessed; and whose business address and any business trade name must be stated. The Bid of a partnership must state the names and addresses of all partners, and the partnership business name and address; and it must be signed by at least one partner, with the signature witnessed. The Bid of a corporation must show the State of incorporation and the principal office address, and must be signed by a corporate office, with the signature witnessed. 7.4 All names must be typed or printed below the signature. City of Woodbury Purchase of 95 Mid-Mount Aerial Platform Fire Truck with 2000 GPM Pump 2-3

17 7.5 The Bid shall contain an acknowledgment or receipt of all Addenda (the numbers of which shall be filled in on the Bid Form). 7.6 The address and telephone number of to which communications regarding the Bid are to be directed must be shown. 7.7 The Bid Form may call for lump sum prices, unit prices, or a combination of both If the Bid Form calls for lump sum prices, the shall state a single lump sum price for the Work or single lump sum prices for each portion of the Work subject to a lump sum price as set forth in the Bid Form, as applicable. Any such lump sum price or prices shall include all the Work described in the Bidding Documents as being part of the Work If the Bid Form calls for unit prices, the shall state a single unit price for each item to be furnished or work to be done as set forth in the Bid Form. The Bid Form sets forth opposite each item for which a unit price is required, the estimate of the quantity of units of such items which will be required in the prosecution of the Work; and the shall state in the space provided in the Bid Form the total price for such items as computed by multiplying such estimated quantity of units of such item by the unit price so bid. 7.8 Bid Prices shall include all taxes of whatever nature applicable to the Work or performance thereof. 7.9 Owner may be exempt from sales and use taxes for certain items to be incorporated into the Work. Each shall obtain legal advice to determine how and to what extent the Owner s tax exemption may be utilized by the Contractor. Owner will provide, to Contractor, documentation required to obtain applicable tax exemptions. 8 Bid Bond or Certified Check, Letter of Surety and Performance Bond 8.1 All bidders shall provide a bid bond or Certified Check as security for the bid in the form of a 10% bid bond to accompany their bid. This bid bond shall be issued by a Surety Company who is listed on the U.S. Treasury Departments list of acceptable sureties as published in Department Circular 570. The bid bond shall be issued by an authorized representative of the Surety Company and shall be accompanied by a certified power of attorney dated on or before the date of bid. The bid bond shall include language, which assures that the bidder/principal shall give a bond or bonds as may be specified in the bidding or contract documents, with good and sufficient surety for the faithful performance of the contract, including the Basic One (1) Year Limited Warranty, and for the prompt payment of labor and material furnished in the prosecution of the contract Proposals received from bidders who do not manufacture the chassis shall provide a warranty that shall be issued jointly and severally by, and signed by, both the bidder and the chassis manufacturer. City of Woodbury Purchase of 95 Mid-Mount Aerial Platform Fire Truck with 2000 GPM Pump 2-4

18 8.1.2 If the successful bidder does not manufacture the chassis, the bidder shall supply a warranty bond, in addition to their performance bond, along with their signed contract. This warranty bond shall guarantee all terms and conditions of the Basic One (1) Year Limited Warranty and names both the bidder and chassis manufacturer as co-principals. This warranty bond shall be issued for the contract amount and shall remain in force for a term which is consistent with the term of the Basic One (1) Year Limited Warranty twithstanding any document or assertion to the contrary, any surety bond related to the sale of a vehicle shall apply only to the Basic One (1) Year Limited Warranty for such vehicle Any surety bond related to the sale of a vehicle shall not apply to any other warranties that are included within this bid (OEM or otherwise) or to the warranties (if any) of any third party of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. In the event of any contradiction or inconsistency between this provision and any other document or assertion, this provision shall prevail. 8.2 s shall furnish with their Bid, a letter from a bonding company or corporate surety, authorized to do business in New Jersey, stating that it will furnish the necessary contract bond to the bidder, if there is award the contract. The successful bidder shall within fourteen (14) days from the date of submission to him execute a contract and furnish a surety bond in the amount of the contract price, Conditional for the faithful performance of the Contract, and the payment of the bills for equipment, material, and wages and in compliance with all laws, rules, regulations, and directions issued by the State of New Jersey and the United States of America or their duly constituted bureaus or agency, relative to hours of work, wages, and discrimination against race, class, or color in the hiring of employees. All bonds shall be approved as to form and sufficiency by the Owner s Solicitor. 8.3 Surety Companies executing bonds must appear on the Treasury Department s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located 8.4 PERFORMANCE BOND, 1 YEAR The successful bidder shall furnish a Performance and Payment bond (Bond) equal to 100 percent of the total contract amount within 30 days of the notice of award. Such Bond shall be in a form acceptable to the Owner and issued by a surety company included within the Department of Treasury's Listing of Approved Sureties (Department Circular 570) with a minimum A.M. Best Financial Strength Rating of A and Size Category of XV. In the event of a bond issued by a surety of a lesser Size Category, a minimum Financial Strength rating of A+ is required. and 's surety agree that the Bond issued hereunder, whether expressly stated or not, also includes the surety's guarantee of the vehicle manufacturer's Bumper to Bumper warranty period included within this proposal. City of Woodbury Purchase of 95 Mid-Mount Aerial Platform Fire Truck with 2000 GPM Pump 2-5

19 Owner agrees that the penal amount of this bond shall be simultaneously amended to 25 percent of the total contract amount upon satisfactory acceptance and delivery of the vehicle(s) included herein. twithstanding anything contained within this contract to the contrary, the surety's liability for any warranties of any type shall not exceed one (1) year from the date of such satisfactory acceptance and delivery, or the actual Bumper to Bumper warranty period, whichever is shorter. 9 Execution of Contract Documents 9.1 The person(s) whose Bid is accepted will be required to furnish and deliver executed Contract Documents (each with copies of the Bid submission attached) to the Owner within fourteen (14) calendar days from the date of the tice of Award. 9.2 In case of failure or refusal on the part of the to furnish the required Contract Documents within the set period, unless the Owner voluntarily extends the time, the amount of the Bid Guaranty made shall be forfeited to the Owner. 9.3 Upon the execution of the Contract Documents, the Bid Guaranty will be returned to the. 9.4 If the Owner finds the Contract Documents submitted by the apparent successful acceptable, the Owner will, within fourteen (14) calendar days after receipt of such documents, complete the signing of the Contracts Documents and submit two fully executed copies to the Contractor. 10 Qualifications of s 10.1 Persons or firms submitting Bids must be engaged in the lines of work required in these Bid Documents or shall be able to refer to work of a similar character performed by them To obtain information concerning qualification of a, the Owner requires that a completed experience Questionnaire be submitted on the form included in the Bidding Documents. shall include the completed Experience Questionnaire with the Bid On request, the shall file additional financial qualifications and experience statements with the Owner. These statements shall be attested to by a tary Public of the State where the project is located and must be satisfactory to the Owner. The information provided will be used by the Owner in determining the reliability of the In addition to the financial qualifications, the proof may be required to the satisfaction of the Owner that the Contractor has successfully sold and delivered similar Fire Truck in an amount of not less than 100% of the amount of the proposed work The above information will be used by the Owner in determining the reliability of the. These requirements may be modified when, in the interests of the Owner, reliability and reputability can be better determined. City of Woodbury Purchase of 95 Mid-Mount Aerial Platform Fire Truck with 2000 GPM Pump 2-6

20 10.6 The Owner shall be the judge of the merits of the qualifications submitted and may make such investigations of same as are deemed proper to make a determination of qualification The Owner reserves the right to reject any or all Bids, or reject any Bids if evidence submitted by, or investigation of such fails to satisfy the Owner that said is properly qualified to perform the obligations of the Contract and provide the delivery contemplated therein. 11 Affirmative Action Requirements 11.1 s are required to comply with the Affirmative Action requirements of P.L. 1975, C Local Public Contracts Law (P.L. 1977, Chapter 33) 12.1 The is subject to the provisions of the Local Public Contracts Law, portions of which are reprinted within these Bid Documents. 13 Buy American 13.1 Pursuant to LPC 40A:11-18, the Contractor shall use only products manufactured in the United States, wherever available. 14 Debarred, Suspended and Disqualified Provision 14.1 The shall submit with his Bid a sworn statement, as set forth herein, signed by an officer or partner of the Contractor, indicating whether or not the is, at the time of the bid, included on the State Treasurer s List of Debarred, Suspended, or Disqualified s. 15 Opening of Bids 15.1 Bids will be opened and (unless obviously non-responsive) read aloud at the time and place set forth in the tice To s An abstract of the amounts of base bids and major alternates (if any) will be made available to s after the opening of Bids A may examine other s Documents (except the financial statement) by appointment only. 16 Bids to Remain Subject to Acceptance 16.1 Bids shall remain open for a period of sixty (60) calendar days from the date of Bid opening. The Owner will either award the Contract within the applicable time period or reject all Bids, returning the Bid security to the s The Owner may extend the decision to award or reject all Bids beyond the sixty (60) calendar days when the bids of any s who consent thereto may, at the request of the Owner, be held for consideration for such longer period as may be agreed. City of Woodbury Purchase of 95 Mid-Mount Aerial Platform Fire Truck with 2000 GPM Pump 2-7

21 17 Withdrawal of Bid Forms 17.1 Bids may be withdrawn before bid opening after it has been deposited with the Owner by written request by the. 18 Rejection of Bids 18.1 The Owner reserves the right to reject any or all Bids, or to reject any Bids if the evidence submitted by, or investigation of such fails to satisfy the Owner that such is properly qualified to carry out the obligations of the Contract and to deliver the equipment contemplated therein Bids that are incomplete, conditional, or obscure, or which contain additions not called for, erasures, alterations, or irregularities of any kind, may be rejected as informal The Owner, however, reserves the right to waive any informalities in the Bids. 19 Basis of Award 19.1 The Contract will, at the discretion of the Owner, be awarded to that responsible whose total bid is lowest for the fire truck listed within the specification. The may be the successful bidder on either the AS-BUILT or the PRE- BUILT Fire Truck (only one fire truck will be awarded, considering all factors in light most favorable to the City of Woodbury). 20 Award of Contract 20.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful, and the right to disregard all nonconforming, non-responsive, unbalanced, or conditional Bids. Owner reserves the right to reject the Bid of any if Owner believes that it would not be in the best interest of the Project to make an award to that, whether because the Bid is not responsive or the is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Also, Owner reserves the right to reject all Bids if Owner cannot proceed with the Project due to lack of regulatory approval, or because the Bid amounts are deemed excessive, or for any other reason permitted by law Discrepancies in the multiplication of quantities of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum In evaluating Bids, Owner will consider the qualifications of the s, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the tice of Award. City of Woodbury Purchase of 95 Mid-Mount Aerial Platform Fire Truck with 2000 GPM Pump 2-8

22 20.4 If the Contract is to be awarded, it will be awarded to the lowest responsible, responsive whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Purchase If the Contract is to be awarded, Owner will give the apparent Successful a tice of Award within the time limits prescribed in these Bid Documents More than one Bid from an individual, partnership, corporation, or an association under the same name or different names will not be considered. Reasonable grounds for believing that the is interested in more than one Bid for the same work will cause the rejection of all Bids in which such is interested. Any or all Bids will be rejected if there is any reason for believing that collusion exists among any of the s; participants in such collusion will not be considered in future bidding If the Contract is to be awarded, the Owner will give the Successful a tice of Award within sixty (60) calendar days after the day of the bid opening unless an extension of time is granted as per the paragraph entitled Bids to Remain Open Subject to Acceptance. 21 Substitutions 21.1 The chassis, pump and body specifications listed in SECTION 3: TECHNICAL SPECIFICATIONS shall be strictly adhered to. Exceptions will be allowed if they are equal to or superior to that specified and provided they are listed and fully explained on a separate page entitled "EXCEPTIONS TO SPECIFICATIONS". Exception list to refer to specification page number and paragraph In addition, bidders shall place a check mark on each and every paragraph in the appropriate column provided in the right hand edge of the specification sheets as to compliance or non-compliance with specifications. Each check in the "NO" column must be listed and fully explained as described above in the "Exceptions to Specifications. Where no check is made at a particular paragraph either "" or "" it will be assumed the bidder is taking exception to that paragraph. PROPOSALS TAKING TOTAL EXCEPTION TO SPECIFICATIONS WILL NOT BE ACCEPTED Apparatus will be inspected upon delivery for compliance with specifications. Deviations will not be tolerated and will be cause for rejection of apparatus unless they were originally listed in bidder's proposal. 22 Payment Withheld 22.1 The Owner may withhold all or part or, on account of subsequently discovered evidence, nullify the whole or a part of any certificate to such extent as may be necessary to protect the Owner from loss because of: Claims filed or responsible evidence indicating probability of filing claims; City of Woodbury Purchase of 95 Mid-Mount Aerial Platform Fire Truck with 2000 GPM Pump 2-9

23 Failure of the Contractor to make payments properly to subcontractors or for material or labor; Damage to another contractor, agency, governing body, corporation, or person When the above grounds are removed, payment shall be made for amounts withheld because of them. 23 Contractor's Responsibilities 23.1 Taxes - The Contractor shall be responsible for the payment of all taxes required by law on all materials, tools, apparatus, equipment, fixtures, services, and incidentals that may be purchased or used for the purpose of performing the Work. Owner may be exempt from sales and use taxes for certain items to be incorporated into the work. Contractor shall obtain legal advice to determine how and to what extent the Owner's tax exemption may be utilized by the Contractor. Owner will provide documentation required to assist Contractor in obtaining applicable tax exemptions Delivery - The Contractor shall determine the legal dimensional and load limits on all roads and bridges over and under which equipment and materials will be delivered. In the event that loads exceed legal limits, the Contractor shall obtain the necessary permits, pay permit fees, and comply with all regulations for delivery. 24 Alternative Dispute Resolution 24.1 In accordance with the provisions of P.L. 1971, c.198 (C.40A:11-1 et seq., effective January 13, 1998), disputes arising under the contract shall be submitted to a process of resolution pursuant to alternative dispute resolution practices, such as mediation, binding arbitration or non-binding arbitration pursuant to industry standards, prior to being submitted to a court for adjudication. thing in this law shall prevent the contracting unit from seeking injunctive or declaratory relief in court at any time. The alternative dispute resolution practices required by the law shall not apply to disputes concerning the bid solicitation or award process, or to the formation of contracts or subcontracts to be entered into pursuant to P.L. 1971, c.198 (C.40A:11-1 et seq.) For the purposes of this contract, the means of Dispute Resolution will be through Mediation. City of Woodbury Purchase of 95 Mid-Mount Aerial Platform Fire Truck with 2000 GPM Pump 2-10

24 SECTION 3 TECHNICAL SPECIFICATIONS City of Woodbury Purchase of 95 Mid-Mount Aerial Platform Fire Truck with 2000 GPM Pump 3-1

25 WOODBURY FIRE DEPARTMENT SPECIFICATIONS FOR ONE (1) 95 MID-MOUNT AERIAL PLATFORM WITH 2000 GPM PUMP June 2012 INTENT OF SPECIFICATIONS It shall be the intent of these specifications to cover the furnishing and delivery of a complete apparatus equipped as hereinafter specified. These specifications cover only the general requirements as to the type of construction and test to which the apparatus shall conform, together with certain details as to finish, equipment and appliances with which the successful bidder shall conform. Minor details of construction and materials, which are not otherwise specified, are left to the discretion of the contractor, who shall be solely responsible for the design and construction of all features. Apparatus proposed by the bidder shall meet the applicable requirements of the National Fire Protection Association (NFPA) as stated in current edition at time of contract execution. Loose equipment shall be provided only as stated in the following pages. In order to ensure fair, ethical, and legal competition, neither original equipment manufacturer (O.E.M.) or parent company of the O.E.M. shall have ever been fined or convicted of price fixing, bid rigging, or collusion in any domestic or international fire apparatus market. Bids shall only be considered from companies that have an established reputation in the field of fire apparatus construction and have been in business for a minimum of 20 years. Further, bidder shall maintain dedicated service facilities for the repair and service of products. Evidence of such a facility shall be included in bidder proposal. Each bidder shall furnish satisfactory evidence of their ability to construct the apparatus specified and shall state the location of the factory where the apparatus is to be built. The bidder shall also show that the company is in position to render prompt service and to furnish replacement parts for said apparatus. 1

26 Each bid shall be accompanied by a set of "Contractor's Specifications" consisting of a detailed description of the apparatus and equipment proposed and to which the apparatus furnished under contract shall conform. These specifications shall indicate size, type, model and make of all component parts and equipment. Since the Fire Department has spent much time researching the type of fire apparatus needed for their community, they have decided that a custom built apparatus manufactured to the following specifications will best suit their needs. All fire apparatus manufacturers today build custom fire apparatus. The only exception is an alternate bid for a Demo truck as stated on the Bid Form. QUALITY AND WORKMANSHIP The design of the apparatus shall embody the latest approved automotive engineering practices. The workmanship shall be of the highest quality in its respective field. Special consideration shall be given to the following points: Accessibility of the various units which require periodic maintenance, ease of operation (including both pumping and driving) and symmetrical proportions. Construction shall be rugged and ample safety factors shall be provided to carry the loads specified and to meet both on and off road requirements and speed conditions as set forth under "Performance Tests and Requirements". Welding shall not be employed in the assembly of the apparatus in a manner that shall prevent the ready removal of any component part for service or repair. All steel welding shall follow American Welding Society D recommendations for structural steel welding. All aluminum welding shall be done to American Welding Society and ANSI D requirements for structural welding of aluminum. Flux core arc welding shall use alloy rods, type 7000, American Welding Society standards A5.20-E70T1. The manufacturer is required to have an American Welding Society certified welding inspector in plant during working hours to monitor weld quality. DELIVERY Apparatus, to insure proper break in of all components while still under warranty, shall be delivered under its own power - rail or truck freight shall not be acceptable. A qualified delivery engineer representing the contractor shall deliver the apparatus and remain for a sufficient length of time to instruct personnel in the proper operation, care and maintenance of the equipment delivered. DELIVERY TIME Completed apparatus shall be built and delivered to the authorized local dealer within 240 calendar days after acceptance of contract by both parties. shall state his delivery time at time of proposal. Failure to do so shall result in rejection of bid. NO EXCEPTIONS. 2