C C: BOROUGH OF CLOSTER REQUEST FOR BIDS FOR

Transcription

1 C: BOROUGH OF CLOSTER REQUEST FOR BIDS FOR THE LEASE OF TELECOMMUNICATIONS TOWER, GROUND FACILITY PLUS APPROXIMATELY 500 ADDITIONAL SQUARE FEET OF PROPERTY LOCATED NEAR THE EXISTING TOWER AND THE CONSTRUCTION OF A CARPORT AT CLOSTER BOROUGH HALL June 2013

2 C COVER SHEET With regard to the bid to be received for the lease of a telecommunications tower, ground facility plus approximately an additional 500 square feet, and construction of a carport at 295 Closter Dock Road, Borough of Closter, County of Bergen, State of New Jersey, all of the following documents jointly constitute the Bid Documents: 1. Notice to Bidders 2. Cover Sheet Including Bid Checklist 3. Instructions to Bidders 4. Exhibit A form of Lease 5. Exhibit B Picture of existing building façade, copy of Closter Code Section , Buildings or other equipment storage, and three suggested options for configuration of equipment storage on the additional 500 square feet of space being offered for lease 6. Exhibit C Proposed carport to be constructed over parking spaces Bid Form 8. NonCollusion Affidavit 9. Mandatory Equal Opportunity Language 10. Affirmative Action Affidavit 11. Stockholders Disclosure Statement Bid Checklist The following documents must be submitted to the Borough in order for the bid to be accepted: A. Bid Form B. Bid Security C. Consent of Surety (Form to be supplied by Surety Company) D. Non-Collusion Affidavit B. Affirmative Action Affidavit F. Stockholders Disclosure Certification G. New Jersey Certificate of Employee Infonnation Report H. New Jersey Business Registration Certificate I. Mandatory Affirmative Action Language J. Business Registration Certificate K. Complete Bid Specifications L. Receipt of Addendum, if any Check

3 C NOTICE TO BIDDERS BOROUGH OF CLOSTER COUNTY OF BERGEN, STATE OF NEW JERSEY NOTICE is hereby given that sealed bids will be received by the Borough Administrator of the Borough of Closter, State of New Jersey, located at 295 Closter Dock Road, Closter, New Jersey, on July 17, 2013 at 11:00 A.M. or as soon thereafier as the matter may be reached, for: The Lease of Telecommunications Tower, Ground Facility Plus Approximately 500 Additional Square Feet of Property Located Near the Existing Tower and the Construction of a Carport at Closter Borough Hall in accordance with the Specifications and Information to Bidders prepared by the Borough. No bids shall be received other than at the time and place herein designated for theft receipt, unless mailed to the Closter Borough Administrator for receipt at the designated time and place. Information to Bidders, Form of Proposal and Specifications may be examined and obtained at the office of the Closter Borough Finance Office, 295 Closter Dock Road, Closter, New Jersey, during regular business hours upon payment of the Twenty-Dollar fee, for each complete set of documents, said sum not returnable. Bidders are required to comply with the requirements of P.L. 1975, C127. (Affirmative Action Program, Equal Employment Opportunity). Each bid shall be enclosed in a sealed envelope addressed to the Closter Borough Administrator, bearing the name of the bidder, upon which shall be designated: BID - THE LEASE OF TELECOMMUNICATIONS TOWER, GROUND FACILITY PLUS APPROXIMATELY 500 ADDITIONAL SQUARE FEET OF PROPERTY 1

4 C LOCATED NEAR THE EXISTING TOWER AND THE CONSTRUCTION OF A CARPORT AT CLOSTER BOROUGH HALL The Borough of Closter reserves the right to reject any and all bids, to waive any informalities or to accept the bid which in the Borough s judgment shall be in the best interest of the citizens of the municipality. Bids must be prepared and submitted in standard proposal form in the manner designated within the Information to Bidders. By Order of the Mayor and Council of the Borough of Closter. BOROUGH OF CLOSTER By: Loretta Castano, RMC Borough Clerk 2

5 C INSTRUCTIONS TO BIDDERS I. THE BID The Borough of Closter (from time to time hereinafter referred to as the Borough) is soliciting bid proposals from vendors for: The Lease of Telecommunications Tower, Ground Facility plus Approximately 500 Additional Square Feet of Property Located Near the Existing Tower and the Construction of a Carport at Closter Borough Hall. Specifically, the bid is for a triple net lease for the existing cellular tower on Borough Property, the ground facility which consists of 1050 square feet of property (See Exhibit A, Form Lease, Proposed Ground Facility for more details regarding the size and location of the property) plus approximately 500 more square feet of ground space for storage of equipment related to the cellular tower located on what is commonly called parking spaces 6 and 7 (See EXHIBIT B for more details) and the construction of a carport on Borough Property (over parking spaces 1-5, EXHIBIT C). 2. CHANGES TO THE BID SPECIFICATIONS Notice of revisions or addend to advertisements or bid documents relating to bids will, no later than five days, Saturdays, Sundays and holidays excepted, prior to the date for acceptance of bids, be published in The Record. 3. BID OPENING All bid proposals will be publicly opened and read by the Closter Borough Administrator at Closter Borough Hall, Council Chambers, 295 Closter Dock Road Closter, New Jersey, at 11:00 A.M. or as soon thereafter as the matter may be reached, no later than July All bid proposals will be date and time stamped upon receipt. Bidder is solely responsible for the timely delivery of the bid proposal and no bids shall be considered which are presented after the public call for receiving bids. Any Bid Proposal received after the date and time specified will be returned, unopened, to the bidder. 4. SUBMISSION OF BIDS A. Sealed bids will be received by the designated representative at the time and place stated in the Notice to Bidders and at such time and place will be publically opened and read aloud. No bid proposal will be accepted past the date and time specified by the Borough in the advertisement for bids. B. The bid proposal fonn shall be submitted (1) in a sealed envelope; (2) addressed to the Borough Administrator, Borough of Closter, Closter Borough Hall, 295 Closter Dock Road, Closter, New Jersey (3) bearing the name and address of the bidder written on the face of the envelope; and (4) clearly marked BID - THE LEASE OF TELECOMMUNICATIONS TOWER, GROUND FACILITY PLUS 3

6 C APPROXIMATELY 500 ADDITIONAL SQUARE FEET OF PROPERTY LOCATED NEAR THE EXISTING TOWER AND THE CONSTRUCTION OF A CARPORT AT CLOSTER BOROUGH HALL. C. It is the bidder s responsibility to see that bids are presented to the Borough on the hour stated 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 afier the designated time and date will be returned unopened. D. Sealed bids forwarded to the Borough before the time of the opening of the bids may be withdrawn upon written application of the bidder who shall be required to produce evidence showing that the individual is or represents the principal or principals involved in the bid. Once bids have been opened, they must remain firm for a period of sixty (60) 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, strikeouts, etc. on the proposal page must be initialed in ink by the person responsible for signing the bid. F. Each bid proposal form must give the full business address of the bidder and be signed by an authorized representative. Bids by partnerships 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 ofthe president, secretary or other person authorized to bind the corporation in the matter. When requested, satisfactory evidence of the authority of the officer signing shall be furnished. G. Each document in the bid proposal must be properly completed in accordance with New Jersey law. No bidder shall submit the requested information on any form other than those provided in these bid specifications. H. Any Bid Proposal that does not comply with the requirements of the bid specifications shall be rejected as non-responsive. 5. DEFINITIONS Bid proposal means all documents, proposal forms, affidavits, certificates, statements required to be submitted by the bidder at the time of the bid opening. 4

7 C Bid specifications means all documents requesting bid proposals for this project. Contract means the written agreement executed by and between the successful bidder and the governing body shall include the bid proposal, and the bid specifications and the lease. Contracting unit means a municipality or any board, commission, committee, authority or agency, and which has administrative jurisdiction over any district other than a school district, project or facility, included or operating in whole or in part, within the territorial boundaries of any county of municipality which exercise flmctions where are appropriate for the exercise by one or more units of local government, and which has statutory power to make purchases and enter into contracts or agreements for the performance of any work of the furnishing or hiring of any materials or supplies usually required, the costs or contract price of which is to be paid with or out of public funds. Ground Facility means approximately 1050 square feet of property located under and around the existing cellular tower at Closter Borough Hall. More details regarding the location of the ground facility can be found in EXHIBIT A, Form Lease, Proposed Ground Facility section. Lessee or Successful Bidder means the individual or entity to whom award of the contract shall be made. Governing body means the governing body of the municipality, when the contract or agreement is to be entered into by, or on behalf of a, municipality as further defined at N.J.S.A. 40A: Specifically herein, the governing body is the Mayor and Council of the Borough of Closter. Legal newspaper means The Record or The Press Journal. Proposal forms mean those forms that must be used by all bidders to set forth the prices for services to be provided under the contract. Telecommunications Tower means the cellular communication tower currently located on Closter Borough Hall property. 6. BID DOCUMENTS AND SUBMISSIONS Each bid shall be made on the prescribed official bid forms and must be accompanied by the items specified in the Bid Checklist. Failure to providethese items will be a cause for rejecting a bid. 7. EXCEPTIONS TO THE BID SPECIFICATIONS 5

8 C Any conditions, limitations, provisos, amendments, or other changes attached or added by the bidder to any of the provisions of theses Bid Specifications or any changes made by the bidder on the Proposal forms shall result in the rejection of the Bid Proposal by the governing body of Closter. 8. COMPLIANCE The bidder shall be familiar with and comply with all applicable local, state and federal laws and regulations in the submission of the Bid Proposal and, if the bidder is awarded the contract, in the perfornrnnce of the contract. 9. CONFLICT OF INTEREST AND NON-COLLUSION Each bidder must execute and submit as part of the Bid Proposal a Non-Collusion Affidavit which at a minimum shall attest that: A. The bidder has not entered into any agreement or participated in any collusion with any other person, corporate entity or govermnent entity, or competitive bidding either alone or with any other person, corporate entity or government entity, or competitive bidding either alone or with any other person, corporate entity or govermnent entity in connection with the above named project. B. MI statements made in the bid proposal are true and correct and made with the fill knowledge that the contracting unit relies upon the truth of those statements in awarding the contract. 10. NO ASSIGNMENTS OF BID The bidder may not assign, sell, transfer or otherwise dispose of the Bid or any portion thereof or any right or interest therein. This section is not intended to limit the ability of the successflil bidder to assign or otherwise dispose of its duties and obligations under the contract provided that the Borough of Closter agrees to the assignment or other disposition. 11. AWARD OF CONTRACT A. The governing body of Closter shall award the contract or reject all bids within the time specified in the invitation to bid, but in no case more than 60 days, except that the bids of any bidders who consent thereto may, at the request of the contracting unit, be held for consideration for such longer period as may be agreed. All bidders will be notified of the governing body s decision, in writing, by certified mail. 6

9 C B. The contract will be awarded to the bidder who, in this case of the lease of a portion of public land, the aggregate bid price is the highest responsible bid. C. The Governing Body of Closter reserves the right to reject any bid not prepared and submitted in accordance with the provisions thereof, and to reject any or all bids. In the event that the governing body rejects all bids, the Borough shall publish a notice of rebid no later than ten days, Saturdays, Sundays and holidays excepted, prior to the date for acceptance of bids. 12. NOTICE OF AWARD AND EXECUTION OF CONTRACT No later than fourteen calendar days of the award of the contract, the Borough shall notif~ the successful bidder in writing, at the address set forth in the Bid Proposal, and such notice shall specif~ the place and time for delivery of the executed contract. Failure to deliver the aforementioned document as specified in the notice of award shall be cause for the Borough to declare the vendor non-responsive and to award the contract to the next highest bidder. 13. RESPONSIBLE BIDDER The Borough shall detei-mine whether a bidder is responsible in accordance with N.J.S.A. 40A:l The Bid Proposal of any bidder that is deemed not to be responsible shall be rejected. 14. AFFIRMATIVE ACTION REQUIREMENTS A. If awarded a contract, the successful bidder will be required to comply with the requirements of N.J.S.A. 10:5-31 et seq. and NJ.A.C. 17:27 et seq. B. Afler notification of award but prior to signing a contract the Affirmative Action evidence must be submitted. All public agencies must retain the Affirmative Action evidence in their files for review by the Division. 15. ERRORS IN PRICE CALCULATION Any discrepancy between a numerical price and a price written in words shall be resolved in favor of the price as written in words. Any discrepancy between the unit price multiplied by the quantity and a corresponding total price figure set forth in the Proposal Form(s) shall be resolved in favor of a total price reached by multiplying the unit price by the quantity. The corrected total shall be used to determine the award of the contract. After all Bid Proposals have been read, the bids will be tabulated and adjusted, if necessary, in accordance with this paragraph. If any mathematical corrections must be made on any bid proposal, then the governing body of Closter may not award a contract until all tabulations are complete. 7

10 C 16. BID SECURITY Accompanying each bid shall be cash, certified check, cashier s check or Bid Bond in an amount equal to the 10% of the total rent for the entire (12 months) first year, or $20,000, whichever is less. When submitting a Bid Bond, it shall contain Power of Attorney for the full amount on the Bid Bond from a surety company authorized to do business in the State of New Jersey and acceptable to the Borough. The cash, certified check, cashier s check or Bid Bond of the unsuccessful bidder(s) shall be returned as prescribed by law. The cash, certified check, cashier s check or Bid Bond of the bidder to whom the bid is awarded shall be retained unless a lease is fully executed. The cash, certified check, cashier s check or Bid Bond of the successful bidder shall be forfeited if the bidder fails to enter into a lease pursuant to N.J.S.A. 40A:1 1-2(t). 17. PERFORMANCE BOND AN]) CONSENT OF SURETY Within thirty (30) days of full execution of a lease between the highest successful bidder and the Borough, said bidder shall deliver to the Borough a performance bond issued by a reputable bonding company authorized to issue such bonds in the State of New Jersey in the amount of One Hundred and Twenty (120%) Percent of the estimated construction cost of the carport and installation of equipment (i.e., the costs associated with the equipment to installed on parking spaces 6 & 7, if any). The Performance Bond shall guarantee the Borough that the bidder shall construct a carport and install the aforementioned equipment in accordance with the terms of these bid specifications. At such time as construction of the carport and installation of equipment have been completed, approved by all required state and local entities, and accepted, the Borough shall return the Performance Bond to said Bidder and the same may be cancelled. Each Bid shall be accompanied by a signed Consent of Surety on the surety s form, which shall certif~, that if the bidder is awarded the bid, the surety company shall issue a performance bond in the amount and for the purposes set forth herein. 18. FAILURE TO ENTER INTO LEASE Should the successful bidder fail to execute and deliver the Contract and/or Lease as required herein within 30 days (subject to reasonable extensions of time with the consent of the Borough) afier the award of the bid, the Borough may declare the bid guarantee deposited with the bid to be forfeited. 19. RIGHT TO REJECT BIDS The Borough reserves the right to reject any and all bids or parts thereof and to waive any informality, if deemed to be in the best interest of the Borough. 8

11 C 20. FORM OF LEASE The Borough and the highest successful bidder shall enter into a lease agreement, substantially in the font attached hereto as EXHIBIT A. Amendments to the form lease are outlined in the Specifications herein. 21. TERM OF LEASE Initial term of lease is for five years with three additional five year automatic renewal terms for a total tent of 20 years. 22. MINIMUM BID AMOUNT The minimum bid shown below is in two parts, minimum rent for the tower, ground facility and the additional 500 square feet of ground space is listed in number 1 and a minimum lump sum amount for the carport is listed in number Minimum bid: $8,000 PER MONTH* rent for tower, ground facility plus additional 500 square feet 2. $ 70,000 lump sum (one time) allowance toward the construction of the car port ~ to be built by Leasee. See below and paragraph 6 of the Specifications for more details. *$ 8,000 Per month, adjusted for Year 1 of any renewal tent by the greater of either 5% or the formula outlined below. Renewal Year Rent = (current rent) + (IR-IL/IL x current rent). Definitions: IR is the Consumer Price Index for the month preceded by sixty days the month in which the new rent is due to be increased. IL is the Consumer Price Index for the month immediately preceded by sixty days the month in which is found the Commencement Date of the lease. Consumer Price Index shall mean the Consumer Price Index published by the Bureau of Labor Statistics so the United States Department of Labor for Urban Wage Earners and Clerical Workers for All Items for the New York/Metropolitan area, or shall mean the successor thereto. In the event the Consumer Price Index is converted to a different standard reference base or otherwise revised, the determination of New Rent shall be made with the use of such conversion factor, formula or table for converting the Consumer Price Index as may be published by the Bureau of Labor Statistics, or if the Bureau should fail to publish same, then with the use of such conversion factor, formula or table for converting the Consumer Price Index as may be published by the Bureau of Labor Statistics, or if the Bureau should fail to publish same, then with the use of such conversion factor, formula or table for converting the Consumer Price Index as may be 9

12 published by Prentice Hall, Inc., or any other nationally recognized publisher of similar statistical information. If the Consumer Price Index ceases to be published and there is no successor thereto, such other index as Lessor and Lessee may agree upon shall be substituted for the Consumer Price Index. If they are unab~le to agree, then such matter shall be submitted to arbitration. Nothwithstanding anything herein, in no event shall the increase in Annual Rent for any renewal term be less than 5% of the previous year s rent. **$70,000 allowance toward construction of the carport is to be used by Lessee to pay the contractor to construct a carport in the parking lot at Closter Borough Hall over the area commonly called parking spaces 1-5. The Lessee shall be responsible for the building (i.e., hire a contractor or contractors to construct the structure) of the carport and obtaining all necessary approvals for same. The design of the carport must be approved by the Borough. In the event the cost of construction exceeds $70,000, the balance shall be abated from iliture rent owed by the Lessee to the Lessor. In the event the cost of construction is less than $70,000, the remaining balance of the construction allowance shall be forwarded to the Borough upon the receipt of all necessary governmental approvals and acceptance of the structure by the Borough. The Borough shall use these fiands to off-set the cost of fiature maintenance, improvement and/or insurance of the structure. The carport shall become the property of the Borough upon acceptance by the Borough and Lessee shall be responsible for transferring the title of ownership, if any, to the Borough. 23. SECURITY DEPOSIT Upon execution of the lease, a security deposit of two months rent shall be paid to the Borough. 24. PAYMENT PROCEDURE Pa~ent of annual rent amounts shall be made in monthly installments via automatic check. 10

13 C SPECIFICATIONS These specifications, Notice to Bidders, noncollusion affidavit, disclosure statement, affirmative action statement, and form of proposal shall be all included in and be part of any contract entered into between the Closter Borough Council and the successful bidder. The Borough is soliciting bids for the lease of a Cellular Tower currently located on Borough Property. Specifically, the bid is for a triple net lease for the existing cellular tower on Borough Property, approximately 1050 square feet of ground space under and around the existing cellular tower plus an additional (approximately) 500 square feet of ground space for storage of equipment related to the cellular tower located on what is commonly called parking spaces 6 and 7 ($çç EXHIBIT B for more details) and the construction of a carport on Borough Property (over parking spaces 1-5, See EXHIBIT C). It is agreed that the choice of configuration for the storage of equipment on the additional 500 square feet of ground space does not have to be part of the response to this bid package. The decision, which must be approved by the Borough, may be made afier the execution of the lease between the parties. It is agreed that the plans for the final design of the carport must be approved by the Borough and shall be provided by the Lessee. It is agreed that that the Lessee shall have the responsibility to build the carport (i.e., hire a contractor or contractors) and the allowance shall be used for the construction of same. See paragraph 6 of these specifications for more information. The carport shall become the property of the Borough upon receipt by the Lessee of all govermnental approvals and Lessee shall be responsible for transferring the title of ownership, if any, to the Borough. The lease terms are the same as the form of lease provided as EXHIBIT A attached hereto with the following revisions: 1. The initial lease term shall be five years with three additional five year automatic extensions for a total of 20 years. 2. The tower may be extended by an additional 10 feet in height to a maximum of 160 feet in height, at the exclusive cost of the lessee, subject to all necessary governmental approvals. (This shall amend paragraph 2 of the current lease and Addendum No. ito the current lease which states the monople shall be constructed to a height of 150 feet) 11

14 . C 3. The antenna arrays allowed shall be increased from five to seven. This would amend the existing lease and Addendum No. 1 of the existing lease. The new lease would state that There shall be no more than seven antenna arrays allowed on the monopole and each array shall consists of no more than nine antenna. 4. The lease shall be a triple net lease and lessee is responsible for insurance of the tower, ground space and related equipment and improvements; said insurance must be approved by and acceptable to the Borough s Risk Manager and must name the Borough as an additional insured. 5. The additional rental property totaling approximately 500 square feet, commonly known as parking spaces 6-7, shall be used for storage of additional equipment related to the cellular telecommunications tower located at Borough Hall. This property shall be leased for the express purpose of the building of a storage area and the storage of equipment related to the wireless communications services provided by tenants on the pole. Any other use is prohibited, except with the express written consent of the Lessor. The equipment storage unit must match the existing façade and architectural style of the existing structures (picture shown in EXHIBIT B) and comply with Closter Code Section (EXHIBIT B). The equipment storage unit type and configuration must be mutually agreed upon by both parties to the lease and is subject to all necessary municipal and governmental approvals. There are three suggested options shown in EXHIBIT B however, the Borough is open to other proposals offered by the Lessee. The final choice for equipment configuration does not have to be made part of this bid but can be determined after the lease is executed. The final configuration subject to approval by the Borough. 6. A car port (EXHIBIT C) shall be constructed over parking spaces 1-5. The Lessee shall hire the contractor and pay the entire cost of construction of the carport to the contractor. In the event the cost of construction exceeds $70,000, the balance shall be abated from future rent owed by the Lessee to the Lessor. In the event the cost of construction is less than $70,000, the remaining balance of the construction allowance shall be forwarded to the Borough upon the receipt of all necessary governmental approvals for the structure. The Borough shall use these funds to off-set the cost of future maintenance, improvement and/or insurance of the structure. The carport shall become the property of the Borough upon receipt by the Lessee of all governmental approvals and acceptance by the Borough. Lessee shall be responsible for transferring the title of ownership, if any, to the Borough. The Lessee shall provide proof of final payment and total cost of construction to the Borough immediately upon request of same. 7. Paragraph 14 of the form of lease shall be amended to expressly state: 12

15 C A. At the expiration or termination of the Term, Lessee shall remove all its personal equipment except for any item which the Lessee donates to Lessor from the Premises and which the Lessor determines to be of use to the Lessor and which the Lessor has indicated in writing that it is agreeable to accepting. In addition, at the written request of the Lessor, Lessee expressly agrees to remove the communications monopole and antenna servicing Lessor and any other item which is the personal property of the Lessor located on the subject property. B. Said request shall be in writing to the Lessee and made at least 30 days prior to the expiration or termination of the Term. C. Any and all cost of removal shall be the exclusive obligation and responsibility of the Lessee. Lessee shall surrender the Premises to the Lessor in the good and reasonable condition. The Lessee shall continue paying rent until all of Lessee s personal property has been satisfactorily removed. In no event shall the time for removal of Lessee s personal property exceed sixty (60) days from termination of the lease. Insurance Requirements The Lessee, its assigns or de~ignees, shall obtain, pay all premiums for and maintain during the life of the lease, insurance policies of the type and with the minimum limits indicated in the Borough s Ordinance and acceptable to the Borough s Risk Manager and in a form satisfactory to the municipality. The Lessee shall provide a certified copy of the policies and or certificates of insurance to the Borough s Risk Manager upon request. 13

16 C BID PROPOSAL FORM PROPOSAL OF: DATE: The undersigned hereby declares that he/she/they/it has carefully read and examined the specifications and the forms for: THE LEASE OF TELECOMMUNICATIONS TOWER, GROUND FACILITY PLUS APPROXIMATELY 500 ADDITIONAL SQUARE FEET OF PROPERTY LOCATED NEAR TIlE EXISTING TOWER AND THE CONSTRUCTION OF A CARPORT AT CLOSTER BOROUGH HALL for which bids were advertised to be received by the Mayor and Council. Pursuant to and in compliance with your Advertisement for Bids, Information for Bidders and Specifications relating hereto, the undersigned hereby offers to lease said property under the terms and conditions herein at a lease price as follows. For tower, 1050 square feet of ground space plus an additional 500 square feet (as defined herein) Minimum Monthly Rental Price: $ Minimum Monthly Rental Price: (WORDS) Allowance toward carport: $ Allowance toward carport: (WORDS) Any Additional Terms (please print and attach additional pages if needed): 14

17 C The undersigned, if other than an individual, is a partnership or corporation organized and existing under the laws of the State of New Jersey having its principal office at the place designated beneath the signature of its duly authorized officers or representative, and is authorized to do business in the State of New Jersey. The undersigned farther agrees that this proposal shall remain irrevocable for a period of sixty (60) days from date of bid opening set forth in the Advertisement for Bids. IN WITNESS WHEREOF, the undersigned has caused this Proposal to be executed as of the day This portion completed if the bidder is an Individual: (Signature and Title of Authorized Representative of Bidder) Notary This portion completed if the bidder is a Partnership or Limited Liability Company: BY (Partner or Member) BY: (Partner or Member) Business address: (Seal) (Seal) (Name of Partnership or Limited Liability Company) 15

18 C This portion completed if the bidder is a Corporation: Name of Corporation: ATtEST: BY: BY: AFFIX CORPORATE SEAL If the bidder is a corporation, tile Secretary of said corporation must also compiete the following portion: I hereby certify that I am the Secretary of the above corporation and that the foregoing proposal was authorized by the Board of Directors and the person who signed the said proposai and the questionnaire was duiy authorized and empowered to do so by the Board of Directors. Secretary 16

19 C NONCOLLUSION AFFII)AVIT STATE OF NEW JERSEY COUNTY OF Project - THE LEASE OF TELECOMMUNICATIONS TOWER, GROUND FACILITY PLUS APPROXIMATELY 500 ADDITIONAL SQUARE FEET OF PROPERTY LOCATED NEAR THE EXISTING TOWER AND THE CONSTRUCTION OF A CARPORT AT CLOSTER BOROUGH HALL I,, of the (City, Town, Borough) of, in the County of and the State of, of thu age, being duly sworn according to law on my oath, depose and say that: I am of the Finn/Organization of the bidder making the proposal for the above named project, and that I executed the said proposal with full authority so to do; 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 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 agent 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 established commercial or selling agencies maintained by Signed: Title: Address: Subscribed and sworn to before me this day of Notary Public of My Commission expires (also type or print name of affiliate under signature) 17

20 C MANDATORY LAW AGAINST DISCRIMINATION REQUIREMENS/EQUAL EMPLOYEMENT OPPORTUNITY LANGUAGE N.J.S.A. 10:5-31 et seq., N.J.A.C. 17:27 GOODS, PROFESSIONAL SERVICES AND GENERAL SERVICE CONTRACTS During the performance of this Contract, the Contractor, Vendor and or Lessee (hereinafier referred to as the Lessee ) agrees as follows: a. The Lessee, 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 or sex. Except with respect to affectional or sexual orientation, the vendor 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 or sex. Such action shall include but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or tenriination; rates of pay or other fonns of compensation; and selection for training, including apprenticeship. The Vendor 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 Lessee, where applicable, will in all solicitations or advertisements for employees placed by or on behalf of the Vendor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affection or sexual orientation or sex; c. The Lessee, 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 vendor s commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment; d. The Lessee, where applicable, agrees to comply with the regulations promulgated by the Treasurer pursuant to NJSA 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act; e. When hiring or scheduling workers in each construction trade, the Lessee agrees to make good faith efforts to employ minority and female workers consistent with the applicable employment goals prescribed by N.J.A.C. 17:27-5.2, or a binding determination of the applicable county employment goals determined by the Division pursuant to N.J.A.C. 17:27-5.2; 18

21 C f. The Lessee agrees to inform in writing 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 or sex, and that it will discontinue use of any recruitment agency which engages indirect or indirect discriminatory practices; g. The Lessee agrees to revise any of its testing procedures, if necessary to assure that all personnel testing conforms with the principles ofjob-related testing as established by the statutes and court decisions of the State ofnew Jersey and as established by applicable federal law and applicable federal court decisions; h. In conforming with the applicable employment goals, the contractor or subcontractor agrees to review all procedures relating to the 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 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 Lessee shall furnish such reports or other documents to the Division of Contracts Compliance & EEO as may be requested by the Division from time to time in order to carry out the purposes of these regulations, and public agencies shall fhrnish such information as may be requested by the Division of Contract Compliance & EEO for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C. 17:27. 19

22 C AFFIRMATIVE ACTION AFFIDAVIT STATE OF NEW JERSEY ) COUNTY OF ) RE: Borough of Closter Lease of Telecommunications Tower, Ground Facility Plus Approximately 500 Additional Sq. Ft. of Property Located Near the Existing Tower and the Construction of a Carport at Closter Borough Hall I,,of,intheStateof New Jersey, being of flill age, duly sworn and duly authorized, hereby swear according to law, on my oath depose and say: I. I am employed by ( Lessee ), the successful bidder for the above captioned lease and construction of carport at 295 Closter Dock Road, Closter, New Jersey. 2. This Affidavit is submitted in support of and as part of the contract/lease with the Borough of Closter. 3. During the performance of the contract/lease the Lessee agrees to the terms and conditions set forth herein. 4. The Lessee, 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 or sex. Except with respect to affectional or sexual orientation, the vendor will take affirmative action to ensure that, such applicants are 20

23 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 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 Vendor 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. 5. The Lessee, where applicable, will in all solicitations or advertisements for employees placed by or on behalf of the Vendor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affection or sexual orientation or sex. 6. The Lessee, 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 vendor s commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 21

24 C 7. The Lessee, where applicable, agrees to comply with the regulations promulgated by the Treasurer pursuant to NJSA 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act. 8. When hiring or scheduling workers in each construction trade, the Lessee agrees to make good faith efforts to employ minority and female workers consistent with the applicable employment goals prescribed by N.J.A.C. 17:27-5.2, or a binding determination of the applicable county employment goals determined by the Division pursuant to N.J.A.C. 17: The Lessee agrees to inform in writing 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 or sex, and that it will discontinue use of any recruitment agency which engages indirect or indirect discriminatory practices. 10. The Lessee agrees to revise any of its testing procedures, if necessary to assure that all personnel testing conforms with the principles ofjob-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. 11. In conforming with the applicable employment goals, the contractor or subcontractor agrees to review all procedures relating to the 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 or sex, consistent 22

25 C with the statutes and court decisions of the State of New Jersey and applicable federal law and applicable federal court decisions. 12. The Lessee shall flirnish such reports or other documents to the Division of Contracts Compliance & EEO as may be requested by the Division from time to time in order to carry out the purposes of these regulations, and public agencies shall ffirnish such information as may be requested by the Division of Contract Compliance & EEO for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C. 17:27. BY: Sworn and Subscribed to before me this dayof Print name and title Notary Public of My Commission Expires 23

26 C STOCKHOLDERS OR PARTNERSHIP DISCLOSURE STATEMENT Pursuant to P.L. 1977, Chapter 33, every corporation, Limited Liability Company ( LLC ) and/or partnership submitting a bid, shall prior to the receipt of the bid by the Borough, or accompanying said bid, submit a statement setting forth the names and addresses of all stockholders in the corporation, members of the LLC, or partners in the partnership, who own 10% or more of its stock, or any class, or of all individual partners in the partnership or members of the LLC who own a 10% or greater interest therein, as the case may be. If one or more of such stockholders, or partners, is itself a corporation, or partnership, the stockholders holding 10% or more of that corporation s stock, or the individual partners owing 10% or greater interest in that partnership, as the case may be, shall also be listed. This disclosure shall be continued until the names and addresses of every noncorporate stockholder and individual partner, exceeding the 10% ownership criteria established by this notice, shall have been listed. (Attach additional sheets if necessary.) Address: Address: Address: 24

27 C ATTACH ADDITIONAL SHEETS IF NECESSARY 25

28 C Firm Name: Federal ID number of firm: I hereby certi~ that the information given above is true and correct as of Name and Title (Partner or corporate officer to sign) 26

29 C EXHIBIT A: Form of Lease

30 C.. LEASE AGREETVEENT THIS LEASE AGREE2VIENT, made this 3othday of June, 1998 between THE BOROUGH OF CLOSTER, a municipal corporation of the State of New Jersey, having offices at 295 Closter Dock Road, Closter, New Jersey 07624, hereinafter designated LESSOR and SPRINT SPECTRUM, L.P., with its principal office located at Crossroads Corporate Center, 1 International Boulevard, Mahwah, New Jersey 07495, bereinafter designated LESSEE. WHEREAS, Lessor is the owner of property having a street address of 295 Closter Dock Road, located in the Borough of Closter, County of Bergen, State of New Jersey, and identified as Block 1309, Lot 3 on the official tax map of the Borough of Closier ( Property ). The Property is more fully described on Exhibit A attached hereto and made a part of this Lease Agreement; and WHEREAS, Lessee desires to use a portion of the Pro~,erty described below for the construction, installation, maintenance, repair, replacement, and operation of federally licensed radio transmitting and receiving facilky and for other associated equipment (including a communications monopole) and improvements in connection with its wireless communications business: NOW, THEREFORE, in consideration of the mutual covenants contained herein and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Lease.. Lessor agrees to lease to Lessee approximately 1,050 square feet of space on the Property I

31 Sc to construct a communications monopole and install improvements to house radio equipment appurtenant to the operation of the communication antenna, as more fully described herein and in Exhibit B, attached hereto ( Premises ). Upon application for municipal approval of the improvements, Lessee shall furnish a survey of the Premises, which survey shall be appended to Exhibit B hereto.) 2. Use of Premises. (a) Lessee agrees to use the Premises for the purpose of constructing, installing, mamtatmng, repairing, replacing, and operating at its own expense, a communications monopole together with other facilities appurtenant to transmitting and. receiving radio signals and related equipment and associated antenna ( tnstallation ), as described in this Lease, the attached exhibits ( Exhibits ), the Notice of Request for Bids, the Specifications entitled Borough of Closter Specifications For Lease of Property Owned by Borough of Closter and Construction of a Communications Monopole and Related Facilities and official Bid Form (collectively the Bid Documens ). Lessee shall, as consideration for the payment of rent, have the right to locate one commercial antenna upon the monopole. The maximum height of the communications monopole and associated antenna, shall not exceed one hundred and fifty (150 ) feet. All of Lessee s equipment or other property attached to or otherwise brought onto the Premises shall at all times remain personal property of Lessee and are not considered fixmres, and at Lessee s option. may be removed by Lessee at any time during the term hereof or any renewal, terms. However, notwithstanding anything in this Lease Agreement to the contrary, the communications monopole and antenna that shall be erected by the Lessee may be removed or taken down only 7

32 C C a a upon the express consent of the Lessor, at its sole discretion and option. Lessee shall maintain and landscape the area of and immediately surrounding the Premises. Upon expiration or termination of this Lease. Lessee agrees to repair any damage to the Property or Premises caused by Lessee during the term of the Lease, ordinary wear and tear and damage from the elements excepted. In connection therewith, Lessee shall have the right, at its sole cost and expense, to obtain electrical and telephone service from the servicing utility company, including the right to install a separate meter and main breaker, where required. Lessee shall be responsible for the electricity it consumes for its operations at the rate charged by the servicing utility company. Lessee and Lessor agree thai if an easement or license is required to obtain electrical power, an acceptable location will be agreed to by Lessor and the servicing utility company. No signage shall be placed on the premises, antenna, equipment or improvements without the express written consent of the Lessor, and Lessee having obtained, all applicable governmental approvals. (b) Lessee shall hav& the right to use whatever measures it deems reasonably appropriate to constiuct the communications monopole and antenna, and to install its related equipment, provided that it is in compliance with all applicable laws and regulations. Lessor agrees to cooperate with Lessee, at Lessee s expense, in making application for and obtaining any local, state, federal licenses, permits and any other approvals which may be required to allow Lessee use of the Premises. Lessee shall employ due diligence to obtain such approvals within a timely manner, If, however. Lessee is denied a required approval, or is unable to obtain approvals thus making the Premises unsuitable and renders Lessee unable to utilize the Premises, Lessee shall have the exclusive right to terminate this Lease within its sole discretion. 3

33 a and no further liabilities under this Lease shall remain in force or effect, including, but not limited to, the payment of rent, except with respect to returning the Premises and Property to the condition prior to the date of this Lease. (c) Lessee shall have the right to run transmission lines from the equipment area to the antenna location and to run power from the main feed to the Installation, which improvements shall be at Lessee s sole cost and expense. Further, Lessee agrees to perform all improvements in a safe, good and workmanlike manner. (d) Lessor agrees to allow twenty-four (24) hours a day, seven (7) days a week access to the Premises without charge to Lessee, Lessee s employees or any subcontractors or agents. Lessor acknowledges that the Lessee has such access which shall remain unimpeded throughout the initial term and any renewal term under this Lease, (e) Lessor agrees to allow Lessee to make all necessary and appropriate alterations to the Property in order to accomplish the above improvements. Lessee shall prepare plans and specifications ( Plans ), which Plans shall be submitted to Lessor for Lessor s review and approval, not to be unreasonably withheld or delayed (and in no event delayed beyond sixty (60) days). Lessee acknowledges that its Plans will be reviewed by the municipal planning board, and other municipal departments. comments of the Planning Board. Lessor may require modification of the plans to reflect the After (i) acceptance of any Plans by Lessor or (ii) Lessor s failure to provide a written response to Lessee s proposed Plans within sixty (60) days of their receipt by Lessor or (iii) Lessor s failure to provide a written response within sixty (60) days of receipt of Plans revised by Lessee after comment from Lessor, then the Plans shall become binding. When they are deemed approved, the Plans shall be incorporated in the Lease as 4