Borough of Jamesburg

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1 Borough of Jamesburg Sale of Cellular Communications Tower Lease Bid Specifications Borough of Jamesburg 131 Perrineville Road Jamesburg, NJ July, 2012 Bid Opening August 16, :00am

2 Borough of Jamesburg Request for Bids Cellular Communications Tower Sale of Lease The Borough of Jamesburg is accepting proposals from qualified firms for a one-time payment in exchange for the assignment of an existing cellular communications tower lease located on Borough owned property. The Borough owned property is located on Block 82 Lot 1 also known as 131 Perrineville Road Jamesburg, New Jersey The proposal package may be obtained from the Office of the Borough Administrator, 131 Perrineville Road Jamesburg, NJ between the hours of 8:30am and 4:00pm. Submission will be accepted until 11:00am August 16, Proposals shall be submitted in a sealed envelope, clearly marked: Bid for Cellular Communications Tower Sale of Lease, and addressed to: Borough of Jamesburg Borough Administrator 131 Perrineville Rd Jamesburg, NJ Anyone submitting a proposal is required to comply with the requirements of P.L. 1975, c The Borough of Jamesburg reserves the right to reject any or all proposals or to waive any informalities in any proposal presented.

3 Borough of Jamesburg BID DOCUMENT CHECKLIST Required by owner Submission Requirement Stockholder Disclosure Certification Non-Collusion Affidavit Bid Proposal Form Addendum (if appropriate) Bid Specifications Taxpayer Identification Number (IRS Form W-9) Initial each required entry and if required submit the item

4 INSTRUCTIONS TO BIDDERS AND GENERAL SPECIFICATIONS Submission of Bids Instructions to Bidders and Statutory Requirements a. The Borough of Jamesburg, Middlesex County, New Jersey (hereinafter referred to as BOROUGH ) invites sealed bids pursuant to the Notice to Bidders. b. Sealed bids will be received by the designated representative at 11:00 AM prevailing time on August 16, 2012, at which time said bids will be publicly opened and read aloud. c. The bid proposal form shall be submitted, in a sealed envelope: (1) addressed to the BOROUGH, (2) bearing the name and address of the bidder written on the face of the envelope, and (3) clearly marked BID FOR CELLULAR COMMUNICATIONS TOWER SALE OF LEASE. d. It is the bidder s responsibility to see that bids are presented to the BOROUGH on or prior to the hour designated and at the place designated. Bids may be hand delivered or mailed; however the BOROUGH disclaims any responsibility for bids forwarded by regular or overnight mail. Bids received after the designated time and date will be returned unopened. e. Once the bids have been opened, they must remain firm for a period of ninety (90) calendar days. f. All prices and amounts must be written in ink or preferably typewritten. Bids containing any conditions, omissions, unexplained erasures or alterations, items not called for in the bid proposal form, attachment of additive information not required by the specifications, or irregularities of any kind, may be rejected by the BOROUGH. Any changes, white-outs, strike-outs, etc. on the proposal page must be initialed in ink by the person responsible for signing the bid. g. Each bid proposal form must give the full business name and address of the bidder and be signed by an authorized representative. Bids by partnerships must furnish the full name of all partners and must be signed in the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and designation of the person signing. Bids by corporations must be signed in the legal name of the corporation, followed by the name of the State in which incorporated and must contain the signature and designation of the president, secretary or other person authorized to bind the corporation in the matter. When requested, satisfactory evidence of authority of the officer signing shall be furnished. h. Bidders must insert prices for furnishing all of the materials and/or services required by these specifications. Prices shall be net.

5 i. The person designated as the BOROUGH s Representative is Denise Jawidzik, Borough Administrator. The BOROUGH s Representative will present the final recommendation for award of the bid to the BOROUGH. INTERPRETATION AND ADDENDA a. The bidder understands and agrees that its bid is submitted on the basis of the specifications. The bidder accepts the obligation to become familiar with these specifications. b. Bidders are expected to examine the specifications and related documents with care and observe all the requirements. c. No oral interpretation of the meaning of the specifications will be made to any bidder. Every request for interpretation shall be in writing, addressed to the BOROUGH s Representative stipulated in the bid. In order to be given consideration, written requests for interpretation must be received at least ten (10) days prior to the date fixed for the opening of the bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications, and will be distributed to all prospective bidders, in accordance with N.J.S.A. 40A: All addenda so issued shall become part of the contract documents, and shall be acknowledged by the bidder in the bid. The BOROUGH s interpretations or corrections thereof shall be final. d. Discrepancies in Bids. If the amount shown in words and its equivalent in figures do not agree, the written words shall be binding. Ditto marks are not considered writing or printing and shall not be used. INSURANCE AND INDEMNIFICATION a. Insurance Requirements General Liability Insurance. The successful bidder shall procure and maintain during the life of this contract General Liability Insurance of not less than Two Million Dollars ($2,000,000.00) bodily injury and property damage in any one occurrence b. Certificates of Required Insurance The contractor shall, at its own expense, take out all necessary insurance coverage required and shall submit to the Borough evidence of Comprehensive General Liability in the amount specified. Coverage shall be with acceptable insurance companies operating on admitted basis in the State of New Jersey and shall name the BOROUGH as additional insured. Satisfactory proof of insurance shall consist of a certificate of each insurer insuring the contractor under the contract. The certificate shall contain the following information:

6 1. Name and address of insured. 2. Number of the policy or types of insurance enforced thereunder on the date born by such certificate. 3. The expiration date of the policy and the limit or limits of liability thereunder on the date born by such certificate. 4. A statement that the insurance of the type afforded by the policy, applies to all. The operations of the project which were undertaken by the insured during the performance of the contract including collision coverage for vehicles in tow. 5. Statement that the insurance company will not cancel the policy except upon thirty (30) days notice to the BOROUGH. c. Indemnification Successful bidder will indemnify and hold harmless the BOROUGH from all claims, suits or actions and damages or costs of every name and description to which the BOROUGH may be subjected or put by reason of injury to the person or property of another, or the property of the BOROUGH, resulting from negligent acts or omissions on the part of the bidder, the bidder s agents, servants or subcontractors in the delivery of materials and supplies, or in the performance of the work under this contract. PREPARATION OF BIDS a. The BOROUGH is exempt from any local, state or federal sales, use or excise tax. b. Successful bidder shall be responsible for obtaining any applicable permits or licenses from any government entity that has jurisdiction to require the same. All bids submitted shall account for this cost in the bid price proposal. METHOD OF AWARD Award will be made to the responsible bidder whose bid is the highest. REJECTION OF BIDS a. Reservation of Rights. The BOROUGH reserves the right to waive any informalities, irregularities or minor defects in the bids received and to report any and all bids. In addition, the BOROUGH reserves the right to reject any and all bids for reasons that the BOROUGH deems appropriate, and where said rejection is, in the judgment of the BOROUGH, determined to be in the best interest of the municipality. b. Multiple Bids Not Allowed. More than one bid from an individual, a firm or partnership, a corporation or association under the same or different names shall not be considered. c. Unbalanced Bids. Bids which are obviously unbalanced may be rejected.

7 d. Unsatisfactory Past Performance. Bids received from bidders who have previously failed to complete contracts within the time scheduled therefor, or who have performed prior work for the BOROUGH in an unacceptable manner, may be rejected. Bidders may also be rejected for prior negative experience pursuant to N.J.S.A 40A:11-4. e. Failure to Enter Contract/Lease. Should the bidder, to whom the lease assignment is awarded, fail to enter into a contract within thirty (30) days, Sundays and holidays excepted, the BOROUGH may then, at its option, accept the bid of the next highest responsible bidder. GOVERNING LAW This contract shall be governed by and construed in accordance with Local Public Contracts Law of the State of New Jersey (N.J.S.A. 40A:11-1 et. seq.) and the Local Lands and Buildings Law, (N.J.S.A. 40A:12-1 et. seq.). OTHER REQUIREMENTS a. Bidding Format: All bidders shall present all forms contained herein with their bid package. All forms shall be completed in their entirety. DETAILED SPECIFICATIONS 1. The Borough of Jamesburg is accepting proposals from qualified firms for a onetime payment in exchange for the assignment of an existing cellular communications tower lease located on Borough owned property. The Borough owned property is located on Block 82 Lot 1 also known as 131 Perrineville Road Jamesburg, New Jersey The existing lease is with Omnipoint (now T-Mobile). The lease commenced in 2002 with a maximum length of renewal terms to The BOROUGH currently has Emergency Service Communications equipment on the tower. That equipment must remain in place. 3. The BOROUGH intends to partner with the firm who presents the best financial offer for the one time lump sum purchase of the lease. 4. The minimum bid acceptable for this sale is $400,000 Lease shall be made available to any interested party. Bidders shall provide the following: 1. Full name, tax identification number and main address of firm.

8 2. A brief history of the business. 3. Information detailing the financial stability of the firm. 4. Number of years in business, date of incorporation. 5. Certification that no member of the firm has a conflict of interest with the Borough of Jamesburg 6. State whether any of the employees or officers of your firm has been named as a defendant in any litigation brought as a result of any contract operations. If so, name the individual and describe the circumstances, including the outcome. 7. State whether your firm has ever been terminated, fired or replaced on a project other than those contracts that have been terminated due to completion. If so, name the owner and describe the circumstances.

9 BID PROPOSAL FORM Cellular Communications Tower Sale of Lease The undersigned proposes to furnish and deliver the above goods/services pursuant to the bid specification and made part hereof: Amount in words $ Amount in numbers Company Name Federal I.D. # or Social Security # Address Signature of Authorized Agent Type or Print Name Title: Telephone Number Date Fax Number address

10 STOCKHOLDER DISCLOSURE CERTIFICATION This Statement Shall Be Included with Bid Submission Name of Business I certify that the list below contains the names and home addresses of all stockholders holding 10% or more of the issued and outstanding stock of the undersigned. OR I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned. Check the box that represents the type of business organization: Partnership Corporation Sole Proprietorship Limited Partnership Limited Liability Corporation Limited Liability Partnership Subchapter S Corporation Sign and notarize the form below, and, if necessary, complete the stockholder list below. Stockholders: Name: Home Address Name: Home Address _ Name: Home Address Name: Home Address _ Name: Home Address Name: Home Address _

11 Subscribed and sworn before me this day of, 2. (Notary Public) My Commission expires: (Affiant) (Print name & title of affiant) (Corporate Seal)

12 NON-COLLUSION AFFIDAVIT State of New Jersey County of ss: I, residing in (name of affiant) (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 Proposal for the bid entitled Cellular Communications Tower Sale of Lease and that I executed the said proposal 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 said proposal and in this affidavit are true and correct, and made with full knowledge that the Borough of Jamesburg relies upon the truth of the statements contained in said Proposal and in the statements contained in this affidavit in awarding the contract for the said project. 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, 2 Notary public of Signature (Type or print name of affiant under signature) My Commission expires (Seal)

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