TOWNSHIP OF FRANKLIN, COUNTY OF SOMERSET
475 DeMott Lane, Somerset, NJ 08873-6704
Somerset, NJ 08873-6704
Purchasing Agent, QPA, RPPO
PHONE: (732) 873-2500 ext. 6239
NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that sealed bids will be opened and read in public by the Purchasing
Agent for Township of Franklin, Somerset County, Municipal Building 475 DeMott Lane, Somerset,
New Jersey, at 11:00 a.m. prevailing time on January 23, 2019 for the following:
SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SOFTWARE
And MAINTENANCE Contract #: MC-0025-19
Bids shall be delivered in sealed envelopes and addressed to Cindy Belanger, Purchasing Agent,
Purchasing Office at the Municipal Building, 475 DeMott Lane, Somerset, NJ 08873, clearly marked on
the outside with the contract name and number, bearing the name and address of the bidder on the
outside. We are now storing all responses electronically; therefore submit all pages of the response on a
CD or Flash drive in addition to the printed copies.
Specifications and instructions may be obtained at the Purchasing Office or can be downloaded from the
*All Bid Addenda will be issued on the website at www.franklintwpnj.org. Therefore, all interested
respondents should check the website from now through bid opening. It is the sole responsibility of the
respondent to be knowledgeable of all addenda related to this procurement.
Bidders shall comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27 etq.
Cindy Belanger, QPA, RPPO
Date Advertised: January 9, 2019
TOWNSHIP OF FRANKLIN, COUNTY OF SOMERSET
SUBMISSION OF BIDS
A. Sealed bids shall be received in accordance with public advertisement as required by law, a copy of said notice being
attached hereto and made a part of these specifications.
B. Each bid shall be submitted on the proposal form attached, in a sealed envelope
(1) addressed to the Purchasing Agent
(2) bearing the name and address of the bidder on the outside
(3) clearly marked "BID" with the name of the item(s) being bid.
Provide One (1) Original & Two (2) copies of the bid.
(4) The Township is storing all responses electronically; therefore submit all pages of the response on a CD or flash drive
in addition to the printed copies. The spreadsheet (if any) can be included on the same CD or flash drive in a separate file
in excel format (not PDF)
C. It is the bidder's responsibility to see that bids are presented to the Purchasing Agent on the hour and at the place
designated. Bids may be hand delivered or mailed; however, the Township disclaims any responsibility for bids forwarded
by regular or express mail. If the bid is sent by express mail, the designation in B. above must also appear on the outside
of the express company envelope. Bids received after the designated time and date will be returned unopened.
D. The Township reserves the right to postpone the date for presentation and opening of bids and will give written notice of
any such postponement to each prospective bidder as required by law.
E. 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.
The following provisions, if indicated by an (x), shall be applicable to this bid and be made a part of the bidding documents:
A. BID GUARANTEE
Bidder shall submit with the bid a certified check, cashier’s check or bid bond in the amount of ten percent (10%) of the
total price bid, but not in excess of $20,000, payable unconditionally to the Township.
When submitting a Bid Bond, it shall contain Power of Attorney for full amount of Bid Bond from a surety company
authorized to do business in the State of New Jersey and acceptable to the Township.
The check or bond of the unsuccessful bidder(s) shall be returned as prescribed by law. The check or bond of the bidder
to whom the contract is awarded shall be retained until a contract is executed and the required performance bond or other
security is submitted.
The check or bond of the successful bidder shall be forfeited if the bidder fails to enter into a contract pursuant to statute.
Failure to submit required guarantee shall be cause for rejection of the bid.
B. CONSENT OF SURETY
Bidder shall submit with the bid a Certificate (Consent of Surety) with Power of Attorney for full amount of bid price from a
Surety Company authorized to do business in the State of New Jersey and acceptable to the Township stating that it will
provide said bidder with a Performance Bond in the full amount of the bid. This certificate shall be obtained in
to confirm that the bidder to whom the contract is awarded will furnish Performance and Payment bonds from an
acceptable surety company on behalf of said bidder, any or all subcontractors or by each respective subcontractor or by
any combination thereof which results in performance security equal to the total amount of the contract, pursuant to statute.
Failure to submit this shall be cause for rejection of the bid.
C. PERFORMANCE BOND
Successful bidder shall simultaneously with the delivery of the executed contract, submit an executed bond in the amount
of one hundred percent (100%) of the acceptable bid as security for the faithful performance of this contract.
D. LABOR AND MATERIAL (PAYMENT BOND)
Successful bidder shall, with the delivery of the performance bond, submit an executed payment bond to guarantee
payment to laborers and suppliers for the labor and material used in the work performed in the contract.
E. MAINTENANCE BOND: REQUIRED IF CHECKED
1. Upon acceptance of the work by the Township, the vendor shall submit a maintenance bond in the amount
of fifteen percent 15% guaranteeing against defective quality of work or materials for the period of one (1)
2. The performance bond provided shall not be released until final acceptance of the whole work and then
only if any items or claims have been satisfied and any maintenance bonds required have been executed
and approved by the Township.
3. The surety on such bond or bonds shall be a duly authorized surety company authorized to do business in
the State of New Jersey and acceptable to the Township.
QUOTATIONS, BIDS AND FORMS
A. (1). Franklin Township, County of Somerset is exempt from any local, state or federal sales, use or excise tax.
Franklin Township will not pay service charges such as interest and late fees.
(2). The Township of Franklin or any of its offices and divisions will not complete credit applications as a result of
contract(s) resulting from award based on these specifications.
B. Bids must be signed in ink by the bidder, all quotations shall be made with a typewriter or pen and ink. Any
quotation showing any erasure alteration must be initialed by the bidder in ink. Unit prices and totals are to be inserted in
C. Failure to sign and give all information in the bid may result in the bid being rejected.
D. Insert prices for furnishing all of the material/or labor described. Prices shall be net including all transportation charges
fully prepaid by the contractor (F.O.B. destination, freight prepaid) and placement as designated by the Township. No
additional charges will be allowed for any transportation costs resulting from partial shipments made at vendors’
convenience when a single shipment is ordered.
E. Any bidder may withdraw his bid at any time before the time set for receipt of bids. No bid may be withdrawn in the 60 day
period after the bids are received.
F. All forms shall be completed and attached to the bid proposal. BIDDER IS ALERTED TO THE BID DOCUMENT CHECK
INTERPRETATIONS AND ADDENDA
A. The bidder understands and agrees that its bid is submitted on the basis of the specifications prepared by the Township.
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 their requirements.
Ambiguities, errors or omissions noted by bidders should be promptly reported in writing to the Purchasing Agent. In the
event the bidder fails to notify the Township of such ambiguities, errors or omissions, the bidder shall be bound by the bid.
C. No oral interpretation of the meaning of the specifications will be made to any bidder. Every request for an interpretation
shall be in writing, addressed to the Purchasing Agent. 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 Statute. All addenda so issued shall become part of the contract
documents, and shall be acknowledged by the bidder in the bid. The Township’s interpretations or corrections thereof shall
D. 1. If the amount shown in words and its equivalent figures do not agree, the written words shall be binding. Ditto marks are
not considered writing or printing and shall not be used.
2. In the event that there is a discrepancy between the unit prices and the extended totals, the unit prices shall prevail. In
the event there is an error of the summation of the extended totals, the computation by the Township of the extended totals
BRAND NAMES, STANDARDS OF QUALITY, PATENTS
A. Only manufactured and farm products of the United States, wherever available, shall be used on this contract in
accordance with prevailing statutes.
B. Brand names and or descriptions used in this bid are to acquaint bidders with the type of commodity desired and will be
used as a standard by which alternate or competitive materials offered will be judged. Competitive items must be equal to
the standard described and be of the same quality of work. Variations between materials described and the materials
offered are to be fully explained by the bidder on a separate sheet and submitted with the proposal form. Vendor's
literature will not suffice in explaining exceptions to these specifications. In the absence of any changes by the bidder, it
will be presumed and required that materials as described in the proposal be delivered.
C. It is the responsibility of the bidder to demonstrate the equivalency of item(s) offered. The Township reserves the right to
evaluate the equivalency of a product which, in its deliberations, meets its requirements.
D. The contractor shall hold and save harmless the Township, its officers, agents, servants, and employees, from any liability
of any nature and kind for or on account of the use of any copyrighted or un-copyrighted composition, secret process,
patented or unpatented invention or article furnished or used in the performance of this contract.
E. Estimated Quantities, the Township has attempted to identify the item(s) and the estimated amounts of each item bid to
cover its requirements; however, past experience shows that the amount ordered may be different than that submitted for
bidding. The right is reserved to decrease or increase the quantities specified in the specifications pursuant to Statute. No
minimum purchase is implied or guaranteed.
F. Wherever practical and economical to the Township, it is desired that recycled or recyclable products be provided. Please
indicate when recycled products are being offered.
AWARD OF BID
A. The Township reserves the right to accept or reject any or all bids, to waive identified irregularities and technicalities, and
to award in whole or in part to the lowest responsible bidder, if it is in the best interest of the Township to do so. Without
limiting the generality of the foregoing, any bid which is incomplete, obscure, or irregular may be rejected, any bid having
erasures or corrections in the price sheet may be rejected; any bid in which unit prices are omitted, or in which unit/total
prices are unbalanced, may be rejected; any bid accompanied by any insufficient or irregular certified check, cashier's
check or bid bond may be rejected.
B. The Township further reserves the right to award each item separately to the lowest responsible bidder meeting
specifications or to make an award based on the total bid to the bidder whose total sum is the low bid meeting the
specifications, whichever in the awarding authorities' opinion is in the best interest of the Township. Without limiting the
generality of the foregoing, the Township reserves the right to award a contract based on either option that may be
described in the bid proposal or based on any combination thereof.
C. The Township reserves the right to award equal or tie bids at their discretion to any one of the tie bidders.
D. Should the bidder, to whom the contract is awarded, fail to enter into a contract, the Township may then, at its option,
accept the bid of the next lowest responsible bidder.
E. The effective period of this contract will be two years unless otherwise noted in the specifications. Continuation of the terms
of this contract beyond the fiscal year is contingent on availability of funds in the following year's budget. In the event of
unavailability of such funds, the Township reserves the right to cancel this contract.
F. Government entities are not private business/consumer clients; therefore, separate company agreements are not honored.
Terms of the specifications/bid package prevail unless otherwise noted by the vendor as exceptions.
G. The successful bidder will not assign any interest in this contract and shall not transfer any interest in the same without the
prior written consent of the Township. If, during the life of the contract, the contractor disposes of his/her business concern
by acquisition, merger, sale and/or transfer or by any means convey his/her interests to another party, all obligations are
transferred to that new party. In this event, the new owner(s) will be required to submit all documentation/legal instruments
that were required in the original bid/contract. Any change shall be approved by the Township.
NEW JERSEY PREVAILING WAGE ACT (When Applicable)
Pursuant to N.J.S.A. 34:11-56.25 et seq., contractors on projects for public work shall adhere to all requirements of the
New Jersey Prevailing Wage Act. The contractor shall be required to submit a certified payroll record to the owner within
ten (10) days of the payment of the wages. The contractor is also responsible for obtaining and submitting all
subcontractors’ certified payroll records within the aforementioned time period. The contractor shall submit said certified
payrolls in the form set forth in N.J.A.C. 12:60-6.1(c). It is the contractor’s responsibility to obtain any additional copies of
the certified payroll form to be submitted by contacting the New Jersey Department of Labor andWorkforce Development,
Division of Workplace Standards. Additional information is available at
THE PUBLIC WORKS CONTRACTOR REGISTRATION ACT
N.J.S.A. 34 :11-56.48 et seq. requires that a general or prime contractor and any listed subcontractors named in the
contractor’s bid proposal shall possess a certificate at the time the bid proposal is submitted. After bid proposals are
received and prior to award of contract, the successful contractor shall submit a copy of the contractor’s certification along
with those of all listed subcontractors. All non-listed subcontractors and lower tier sub-subcontractors shall be registered
prior to starting work on the project. It is the general contractor’s responsibility that all non-listed sub-contractors at any tier
have their certificate prior to starting work on the job.
Under the law a “contractor” is “a person, partnership, association, joint stock company, trust, corporation or other legal
business entity or successor thereof who enters into a contract” which is subject to the provisions of the New Jersey
Prevailing Wage Act (N.J.S.A. 34 :11-56.25, et seq.) It applies to contractors based in New Jersey or in another state.
The law defines “public works projects” as contracts for “public work” as defined in the Prevailing Wage statute (N.J.S.A.
34 :11-56.25(5) ). The term means:
“Construction, reconstruction, demolition, alteration, or repair work, or maintenance work, including painting and
decorating, done under contract and paid for in whole or in part out of the funds of a public body, except work
performed under a rehabilitation program.
“Public work” shall also mean construction, reconstruction, demolition, alteration, or repair work, done on any
property or premises, whether or not the work is paid for from public funds… “
“Maintenance work” means the repair of existing facilities when the size, type or extent of such facilities is not
thereby changed or increased. While “maintenance” includes painting and decorating and is covered under the
law, it does not include work such as routine landscape maintenance or janitorial services.
To register, a contractor must provide the State Department of Labor with a full and accurately completed application form.
The form is available online at http://lwd.dol.state.nj.us/labor/wagehour/regperm/pw_cont_reg.html. N.J.S.A. 34:11-56.55
specifically prohibits accepting applications for registration as a substitute for a certificate or registration.