Maureen Kumitis, Qualified Purchasing Agent (732) 657-8121 ext. 3501
Marisa Wilkins, RPPS (732) 657-8121 ext. 3500
Fax (732) 657-8151
About our Division:
The Division of Purchasing main goal is to provide a high quality of goods and services needed by all Departments within the Township in compliance with all State Laws and Regulations. The Division promotes a fair, open and competitive purchasing environment with all activities of purchasing governed by the Local Public Contracts Law NJSA 40 A. 11-1 et seq.
The Division of Purchasing is a function of the Department of Administration. The Purchasing staff, which includes the Purchasing Agent and Purchasing Specialist strives to maintain a good working relationship with all other departments within Manchester Township, especially working with the Department of Finance to ensure that all invoices are accurate and promptly paid in accordance to Prompt Pay Laws N.J.S.A. 52; 32-32 et seq.,
During acquisition of goods or services it is our duty to obtain prices for goods and services through Formal and Informal Quotes, State Contracts, Cooperative Purchasing, Requests for Proposals (RFP) and the proper receipt of bids. Sealed bids are generally required for any commodity, service or improvement when the costs exceed the statutory bid threshold.
All bids are advertised in the Asbury Park Press and on our Official Municipal Website. All sealed bids must be submitted in accordance to the terms and conditions stated in the bid package. Bids may be requested by phone, fax, e-mail or in person. Bids are sent either by Mail, Fax or e-mail. You may also pick up packets in the Purchasing Department, 1 Colonial Drive, Manchester, NJ 08759.
Bids are opened and read in public at the date, time and place specified in the “Notice to Bidders”
TOWNSHIP OF MANCHESTER
REQUEST FOR BIDS FOR
COMMUNICATIONS SITE LEASE AGREEMENT
DUE DATE: APRIL 10, 2018/10:00 A.M.
Please be advised that the Township of Manchester (“Township”) issues Addendum #1 to the Request for Bids for a Communications Site Lease Agreement. Bidders are cautioned that the Acknowledgment of Receipt of Addenda form on page F-6 must be completed.
The Request for Bids is amended as follows:
1. The bid opening date and time has been amended from 10:00 a.m. on March 15, 2018 to 10:00 a.m. on April 10, 2018.
2. The Township reiterates that the highest Bidder will construct and manage a telecommunications tower (“Tower”) on the Premises, and all other Bidders will be allowed to co-locate on the Tower, with each Bidder given priority as to their location on the Tower based upon their bid price. There will be separate co-location agreements. One with the tower manager for Tower space and one with the Township at the bid price for ground space at the Rented Premises.
3. Section 18 of the Bidders Information Packet (BI-8) is amended to extend the length of time that the Successful Bidder has to enter into a contract with the Township from seven (7) to forty-five (45) days:
The terms and conditions of each section of this Request for Bids, including, without limitation, the Contract, the Specifications, and the Bidders Information, are expressly incorporated herein by reference and shall be deemed an integral part of the Contract Documents. Within forty-five (45) days of award of the Bid, the Successful Bidder shall enter into a contract with the TOWNSHIP substantially in the form and content as the Contract included in this Request for Bids.
4. Section E of the Site Lease Agreement (SL-2) is amended to provide that the cost of any damages to the Township’s equipment shall be reimbursed to the Township at an agreed to amount between the parties. Section E is amended as follows:
Lessee is obligated to install the Township’s equipment on the Tower at the same time Lessee is installing its own equipment on the Tower. Lessee is to work with the Township to successfully place the Township’s antennae on the Tower. Township retains the right to direct installation, at Lessee’s sole cost and expense, upon the new Tower replacement antenna(s), feedline, wire, cables and associated mounting hardware, including installation (“Township’s Facilities”). Selection of said equipment shall be made solely by the Township. The Township and Lessee shall mutually agree to the Township’s location on the Tower for its antenna(s) including all wire, cables and necessary attachments for use by the Township or any of its departments or agencies. Lessee will be responsible for any/all damages to above caused by it(s) employees, contractors or sub contractors during this Lease for the repair or replacement of any of its antennas, feedline or connectors caused by Lessee’s employees, contractors or subcontractors. Determination of the cost of said damages shall be reimbursed at an agreed to amount between the parties. If the parties cannot agree, the matter shall be sent to mediation/arbitration.
5. Section 13.3 of the Site Lease Agreement (SL-9 & SL-10) shall be amended to provide that the cost of any necessary upgrades to the Township’s equipment shall be reasonable and mutually agreed upon by the parties. Section 13.3 is amended as follows:
Township and Lessee recognize that both Township and Lessee shall be using the Tower for transmission purposes and agree to cooperate with each other so that neither party interferes with the use of the antenna(s) or communications equipment of the other and further agree to confer in good faith with the other in an attempt to find resolutions to any use which interferes with the transmission or use by the other party or to any changed circumstances which would impair one party’s use of its antenna(s) or transmission equipment. Lessee recognizes that the Township will be using the Tower and its antennas for public purposes which are essential to the public welfare of the citizens of the Township and would be irreparably harmed by any interference with this use. Lessee represents as a fundamental inducement for the execution of this Lease that it will not impair such usage through its action or inaction. Should any equipment upgrades be required to communications equipment that the Township owns due to interference problems, such as filters, or otherwise, the Lessee shall bear the sole expense of the upgrade. Lessee will bear sole responsibility for providing any technical expertise to resolve interference issues. Any future third party user of the Tower, or as a result of any subsequent change or addition to equipment or improvements by the Township or of any other user of the Tower, Lessee agrees to eliminate such interference in a prompt and timely manner. Without limiting the foregoing, in any lease of premises to any other entity at the Tower, Lessee shall obtain the agreement of such other party to cease any use of its equipment which causes interference that Lessee has agreed herein to eliminate. The cost of any necessary expenses imposed on Lessee pursuant to this subsection shall be a reasonable amount to be mutually agreed upon by the parties. In the event that the parties cannot agree to the cost, then the matter shall be sent to mediation/arbitration.
6. Section 8 of the Bidders Information Packet (BI-5) and Section 18.7 of the Site Lease Agreement (SL-13) is clarified by the Township as follows. As currently situated, the Property is not taxable. If at some future date, the portion of the Property occupied the Lessee is found to be taxable, then the Lessee shall be taxed for said portion of the Property and any improvements thereon.
7. Section 18.7 of the Site Lease (SL-13) is amended to provide Lessee the right to appeal any assessment taxes at its own cost and expense:
Real Property Taxation. If the Premises is, at some future date, found to be taxable, the Lessee agrees to pay any and all real property taxes that flow from same. Lessee shall have the right to appeal any assessment of its taxes at its own cost and expense.
8. The Township clarifies the requirements set forth in Section 9 of the Bidders Information Packet (BI-5 & BI-6). This section requires that a bidder provide a Consent of Surety, on the form provided by the Township, from a surety company licensed and/or authorized to conduct business in the State of New Jersey and acceptable to the Township, stating that it will provide the bonds in such sums as required by the Contract Documents if Bidder is awarded the contract. The Consent of Surety must be provided at the time of bidding.
This section also requires a Performance Bond be provided to the Township that covers the cost of erecting the Tower and the placement of the Township’s antennas on the Tower. This performance bond is due before or contemporaneously with the Site Lease Agreement execution. To be clear, pursuant to this addendum, the timeline for the execution of said agreement has been extended from seven (7) days after the award of the bid to forty-five (45) days.
9. Section 9 of the Bidder Information Packet (BI-5) is clarified by the Township as follows. Lessee will only be required to provide a maintenance bond after the tower is constructed. As set forth in Section 11.3 of the Site Lease Agreement (SL-8), said maintenance bond must be posted on a yearly basis with the Township.
10. The Township provides additional information regarding specifications for the Township’s equipment, antennas and cabling as follows. The Township seeks to mount two (2) SC381-HL collinear omni antennas on Lessee’s Tower. One antenna would need to be mounted on the top of the Tower. The second antennae would need to be mounted on the side of the Tower, just below the top. Further specifications for these antennas are appended hereto as Exhibit “A.”
11. The Township clarifies Section 10 of the Bidders Information Packet (BI-6). As set forth in Section 8 of the Site Lease Agreement (SL-7), the Township only requires that the Township be added as additional insured. To be clear, no other parties or entities are required to be added as additional insured by this section.
12. Nevertheless, the Township amends Section 10 of the Bidders Information Packet (BI-6) as follows:
Contract award and execution is contingent upon the Successful Bidder furnishing, prior to contract execution, Certificate(s) of Insurance in a form reasonably satisfactory to the TOWNSHIP, evidencing that all insurance required by the Contract, as set forth in Section 8 of the Site Lease Agreement, is in effect.
13. Additionally, the Township shall revise the insurance requirements in Section 8 of the Site Lease Agreement (SL-7)as follows:
8.1 Lessee shall obtain and keep in effect through the Term an insurance policy or policies providing commercial general liability insurance against claims for bodily injury (including death) and property damage in a blanket amount of $3,000, 000.00 per occurrence. Proof of insurance shall be attached to this agreement as Exhibit D.
8.2 Township shall be included as an additional insured as their interest may appear under this agreement on Lessee’s liability policy. If requested by the Township, but not more than annually, Lessee shall provide Township with evidence that the insurance required by Paragraph 8.1 is in effect.
14. The Township amends Section 17.2 of the Site Lease Agreement (SL-12) regarding Environmental Laws to provide language clarifying that Lessee is not liable for any environmental or industrial hygiene conditions resulting from hazardous substances that existed on the Premises before the execution of the Site Lease Agreement or that do not result from Lessee’s activities. Section 17.2 is amended as follows:
Township and Lessee agree to hold harmless and indemnify the other, and to assume all duties, responsibilities and liabilities at the sole cost and expense of the indemnifying party for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is related to (i) the indemnifying party’s failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or matters as may now or hereafter be in effect, (ii) any environmental or industrial hygiene conditions that arise out of or are in any way related to the condition of the Premises and activities conducted by the party thereon, unless the environmental conditions are caused by the other party, or (iii)the breach of any representation made in this Paragraph 17. Notwithstanding the foregoing, Lessee shall not be liable for or responsible for addressing any environmental or industrial hygiene conditions resulting from the hazardous substances that existed on the Premises before the execution of this Agreement, or that otherwise do not result from Lessee’s activities.
15. The Township amends Section 1.4 of the Site Lease Agreement (SL-3) to provide that only the “reasonable” costs for the preparation and the review of the survey by the Township Engineer shall be recovered from Lessee as follows:
The Township grants to the Lessee the right to survey the Premises and the survey, after review and approval by the Township Engineer, shall become a part of this Lease and shall control in the event of any discrepancy between the survey attached as Exhibit A and the other Exhibits attached hereto. The reasonable costs for the preparation of the survey and the review by the Township Engineer shall be borne by the Lessee.
16. The Township clarifies the purpose of Section 1.2 of the Site Lease Agreement (SL-2) and will amend same herein to further clarify said purpose. The Township does not intend to enter the shelters or cabinets located on the site. However, the Township must reserve its ability to do so in case of an emergency. Given that necessity, the Township amends Section 1.2 as follows:
Township hereby grants to Lessee a nonexclusive easement during the Term (hereinafter defined) for ingress and egress to the Rented Premises upon and across the Premises, including all roads and drives located or to be located thereon, for the movement of workers, machinery, vehicles and equipment for the purpose of constructing, operating, repairing and maintaining the Rented Premises and Lessee’s Facilities. The access for operation, repair and maintenance shall be on a 24 hour, 365 days a year basis. Lessee shall also have the right in common with others to use any parking spaces, roads and driveways located on the Premises which are nearby the Rented Premises. Township agrees that Township shall not have access to the Rented Premises, except as necessary for the construction, Township operation, repair and maintenance of Township’s Facilities at any time during the Term or during an emergency. Township shall no enter into any shelter or equipment cabinet on the Premises except as required by an emergency. Except as set forth above, the Township retains the right to perform normal Township inspections of the Rented Premises.
17. The Term of the Site Lease Agreement will be amended. As written the term of the agreements begins upon either the issuance of a building permit or nine (9) months after the execution of the Site Lease Agreement, whichever occurs first. This section will be amended so that the term simply begins on the first of the month during the month in which Lessee receives a building permit for the Tower. The Township shall amend Section 2 of the Site Lease Agreement “Term” as follows:
The term of this Lease (the “Term”) shall be for five (5) years, with four (4) five (5) year renewal options (“Renewal Terms”) The Lease shall automatically renew for each Renewal Term unless, at least sixty (60) days prior to the termination of the then existing period, Lessee notifies Township of its intention not to renew the Lease. The sixty (60) day notification of an intention not to renew is for each five (5) year renewal term. The Term shall commence on the first of the month during the month in which Lessee receives a building permit for the Tower.
18. The requirement for land development approvals shall be amended. As written, Section 7.1 of the Site Lease Agreement (SL-7) requires that the Lessee apply for land development approvals and that it shall be the obligation of the Lessee “to make application to the appropriate Township board…” The Township amends Section 7.1 so that only a courtesy review by the planning board shall be required as follows:
The Lessee and the Township must agree to the placement of the Tower and the height of the Tower. After which, Lessee shall make an application for courtesy review by the Manchester Township Planning Board. Lessee shall bear all costs related to said application and all costs of review of the plans by the Township Engineer. It is further the obligation of the Lessee to apply for and receive all other governmental approvals which may be required and to bear the cost of all such applications.
19. The Township shall amend provisions related to the removal of the tower upon the termination of the term of the Lease. As written Section 11.2 of the Site Lease Agreement (SL-8) provides that removal of structures “need not exceed four feet below grade.” This provision shall be amended to two feet below grade. Section 11.2 is amended as follows:
At the expiration or termination of the Term, Lessee shall, at the option of the Township, either (1) remove all Lessee’s Facilities, including the Shelter and Tower, from the Rented Premises (any removal of foundation structures need not exceed two feet below grade no matter how deep the same are located); or (2) remove that portion of Lessee’s Facilities determined by the Township to be removed and to donate to the Township that portion of the Lessee’s Facilities which the Township determines to be of use to the Township and which the Township agrees to accept. Any cost of removal shall be the exclusive obligation and responsibility of the Lessee. Lessee shall surrender the Rented Premises to the Township in the condition in which it is upon commencement of the Lease, except for reasonable wear and tear and except for such portion of the Lessee’s Facilities which are to be accepted by the Township. Notwithstanding the above provisions, nothing herein shall prevent the Lessee from removing its antennas from the Tower or its equipment from the Shelter, or from removing the Shelter if the Shelter is a relocatable, reusable structure.
20. The Township clarifies the issue of when Lessee must provide certain engineering documents. Pursuant to Section 20 of the Site Lease Agreement (SL-14), Lessee must provide a “wind load, engineering study, and design criteria of the Tower as proposed and with the proposed and existing antennas…” Township clarifies that these documents must be provided at, or prior to, the date upon which the Site Lease Agreement will be executed. Township notes that the date upon which this agreement must be executed has been increased to forty-five (45) days after the bid has been awarded.
21. Section 23 of the Specifications (BS-3) is amended to provide that the Township will hold the Bill of Sale in escrow until the termination of the Lease. This section is also amended to provide that, in the event that the Township elects to have the Tower removed by the Lessee, the Bill of Sale will be returned to the Lessee. Section 23 is amended as follows:
The Bidder shall execute and submit together with the Lease Agreement and related documents, a Bill of Sale in favor of the Township for ownership of the Tower, appurtenances, cellular equipment facility, and other related equipment. The Township will hold said Bill of Sale in escrow until the termination of the Lease. In the event that the Township elects to have the Tower removed by the Lessee, the Bill of Sale will be returned to the Lessee.
22. Regarding the Bill of Sale, Section 11.1 of the Site Lease Agreement (SL-8) is similarly amended as follows:
The Lessee shall construct a Tower support structure at their sole cost and expense. The ownership of said Tower shall be vested in the Township at the termination of the Lease for whatever reason unless the Township directs that the Tower and Shelter be removed. Evidence of said ownership by the Township of the Tower shall be in the form of a Bill of Sale executed by the Lessee. The Township will hold said Bill of Sale in escrow until the termination of the Lease. In the event that the Township elects to have the Tower removed by the Lessee, the Bill of Sale will be returned to the Lessee.
23. The Township clarifies Section 3 of the Specifications (BS-1) through amendment. This provision provides that the Lessee must make an annual report to the Township. The purpose of this section is to give the Township an understanding of what antennas are currently located on the Tower. Section 3 is amended as follows:
Annual report to the Township, by the Lessee, identifying which antennas are in use. Said report shall identify which antennas are owned by Lessee and which antennas are owned by separate entities. Said report shall name each separate entity that has collocated onto the Tower.
24. The Township amends Sections 5 & 8 of the Specifications (BS-1) to update the ANSI standards referenced. The ANSI/EIA-222-E is amended to ANSI/EIA-222-G. Sections 5 & 8 are amended as follows:
5. The Tower shall conform, be designed and constructed according to all applicable standards of the American National Standards Institute ANSI/EIA 222 G as amended.
8. A soil report complying with the standards of Appendix I, Geotechnical Investigations ANSI/EIA-222-G as amended, shall be submitted to the Township to document and verify the design specifications of the foundation for the Tower and anchors for the guy wires if used.
Again, the Township reiterates that Bidders are cautioned that the Acknowledgment of Receipt of Addenda form on page F-6 must be completed.
Dated: March 6, 2018
Want to become a Vendor?
Below is a list with links to the required forms to become a vendor for the Township of Manchester.