1-MRRSA Con. 15N (RE-BID) Contract Documents Package.pdf

Manasquan River Regional Sewerage Authority

BOROUGH OF FARMINGDALE | BOROUGH OF FREEHOLD | TOWNSHIP OF FREEHOLD

TOWNSHIP OF HOWELL | TOWNSHIP OF WALL

BRIAN J. BRACH, PE, QPA

Executive Director

CONTRACT NO. 15N (RE-BID)

FURNISHING AND DELIVERY OF HYDROGEN PEROXIDE

CONTRACT DOCUMENTS

MARCH 2026

THIS IS AN ELECTRONIC BID USING THE

“BONFIRE” ELECTRONIC PROCUREMENT PLATFORM

89 Havens Bridge Road www.mrrsanj.gov Tel: (732) 431-8185 Farmingdale, NJ 07727 contact@mrrsanj.gov Fax: None

INSTRUCTIONS TO BIDDERS

BID FORMS

AGREEMENT

TECHNICAL SPECIFICATIONS

TABLE OF CONTENTS

MANASQUAN RIVER REGIONAL SEWERAGE AUTHORITY

CONTRACT NO. 15N (RE-BID)

FURNISHING AND DELIVERY OF HYDROGEN PEROXIDE

NOTICE TO BIDDERS

INSTRUCTIONS TO BIDDERS

1.0 Description of Goods and Services...………………………………………………………………………..…. ITB-1

2.0 Location of Work……………………………………………………………………………………………………..…. ITB-1

3.0 Electronic Submission of Bid and Bid Opening………………………………………………………….... ITB-1

4.0 Preparation of Bid…………………………………………………………………………………………………..….. ITB-2

5.0 “Truth in Contracting Laws”…………………………………………………………………………….……..….. ITB-3

6.0 Pay-to-Play Disclosure………………………………………………………………………………………………... ITB-3

7.0 Interpretations and Addenda………………………………………………………………………………….….. ITB-3

8.0 Submission Requirements…………………………………………………………………...…………………….. ITB-5

9.0 Qualifications of Bidders…………………………………………………………………………………...……….. ITB-7

10.0 Brand Names, Standards of Quality and Performance……………………….……………………….. ITB-7

11.0 Pricing Information for Preparation of Bids……………………………………….……………………….. ITB-8

12.0 Method of Contract Award…………………………………………………………………………………..…….. ITB-9

13.0 Right to Accept or Reject Bids………………………………………………..……………………………….….. ITB-9

14.0 Rescission of Award………………………………………………………..………………………………………..... ITB-10

15.0 Time to Award Contract…………………………………………………………………….……………………….. ITB-10

16.0 Withdrawal of Bids………………………………………………………………………………………………...….. ITB-10

17.0 Termination of Contract………………………………………………………………….………………………….. ITB-11

18.0 Payment…………………………………………………………………………………………...……………………….. ITB-12

19.0 Execution of Contract……………………………………………………..………………………………………….. ITB-13

20.0 Damages…………………………………………………………………………………………...……………………….. ITB-13

21.0 Bidder’s Warranty………………………………………………………………………..…………………………….. ITB-14

22.0 Obligation of Bidders…………………………………………………………………...…………………………….. ITB-14

23.0 Bid Guarantee…………………………………………………………………………...……………………………….. ITB-14

24.0 Consent of Surety…………………………………………………………………..………………………………….. ITB-14

25.0 Stockholder Disclosure Statement…………………………….……………………………………………….. ITB-14

26.0 List of Subcontractors…………………………………………………………………..…………………………….. ITB-15

27.0 Prohibited Russia-Belarus & Iran Investment Activities..…...……………………………………….. ITB-15

28.0 Performance Bond………………………………………………………………….………………………………….. ITB-16

29.0 Labor and Material (Payment) Bond………………………….……………………………………………….. ITB-16

30.0 Insurance Certificates and Policies……………………………….…………………………………………….. ITB-16

31.0 Non-Collusion Affidavit……………………………………………………………………..……………………….. ITB-18

32.0 Familiarity with Conditions of Work…………………………..……………………………………………….. ITB-18

33.0 Materials…………………………………………………………………………..……………………………………….. ITB-19

34.0 Substitution……………………………………………………………….……………………………………………….. ITB-19

35.0 Time for Completion………………………………………………………...……………………………………….. ITB-19

36.0 Cost Breakdown (for Lump Sum Items Contracts Only)………………………………………..…….. ITB-20

37.0 Liquidated Damages………………………………………………...…………………………….………………….. ITB-20

38.0 Information Not Guaranteed……………………………………………………..……………………………….. ITB-20

39.0 New Jersey Anti-Discrimination Provisions (N.J.S.A. 10:2-1 et. seq.)……………….………….. ITB-20

TECHNICAL SPECIFICATION ITEM NO. 1 TS1-1

Contract No. 15N (RE-BID): Furnishing and Delivery of Hydrogen Peroxide

INSTRUCTIONS TO BIDDERS (CONT.)

40.0 Affirmative Action Requirements…………………………………………………...………………………….. ITB-21

41.0 Americans with Disabilities Act of 1990……………………………….…………………………………….. ITB-22

42.0 Public Works Contractor Registration Act for Public Contracts……………..…………………….. ITB-23

43.0 Business Registration…………………………………………………………………………………...…………….. ITB-23

44.0 Right-to-Know Labeling……………………………………………………………………………..……………….. ITB-24

45.0 Preparation of Bid……………………………………………………………………………………..……………….. ITB-24

BID FORMS

Schedule of Bid Items……………………………………………………………..………………………………...…………. B-2 Exhibit A: Execution by Bidder………………………………………………….………………………………………..…. B-5 Exhibit B: Corporate Resolution Form……………………………………………………..………………………….... B-6 Exhibit C: Acknowledgement of Receipt of Addenda…………………………………...…………………..….. B-7 Exhibit D: Statement of Ownership Disclosure……………………………………………...………………….….. B-7 Exhibit E: List of Subcontractors…………………………………………………………………....…………………….. B-11 Exhibit F: Non-Collusion Affidavit…………………………………………………………….………………...……….. B-12 Exhibit G: State Treasurer’s List of Debarred, Suspended and DQ’d Bidders……………………….….. B-13 Exhibit H: Affirmative Action Compliance Notice………………………………………....……………………….. B-14 Exhibit I: Certification of Nonsegregated Facilities……………………...………………………………..…….. B-15 Exhibit J: Disclosure of Investment Activities In Iran…………………………..…………………………….….. B-16

AGREEMENT

I Parts of Contract………………………………………………………………………………………………….....…. A-1 II Contract Time…………………………………………………………………………..……………………………..…. A-1 III Subcontractors………………………………………………………………………………..……………………….... A-1 IV Goods and Services………………………...……………………………………………………………………..….. A-2 V Prices for Goods and Services………………………………………………………………………………...….. A-2 VI Waivers…………………………………………………………………….………………………………………………... A-2 VII Authority and Responsibility of the Owner………………………...………………………………….….. A-2 VIII Successors and Assigns……………………………………………………………..………...…………………….. A-3

Contract Execution……………………………………….……………..…………………………………...……….. A-3

TECHNICAL SPECIFICATIONS

Item 1: Furnishing and Delivery of Hydrogen Peroxide……………………………………………….…….. TS1-1

END OF TABLE OF CONTENTS

TABLE OF CONTENTS TOC-2

BRIAN J. BRACH, PE, QPA

PUBLIC NOTICE

Notice to Bidders

NOTICE IS HEREBY GIVEN that electronic bids for the above referenced contract will be received, opened and publicly announced in accordance with N.J.S.A. 40A:11-1 et. seq. (the “Local Public Contracts Law”) on Thursday, April 9, 2026 at 10:00am prevailing time by the Authority’s Executive Director or designee. Attendees are invited to the bid opening in-person at the Manasquan River Regional Sewerage Authority Headquarters, 89 Havens Bridge Road, Farmingdale, New Jersey 07727; or virtually by joining the “Google Meet” platform at meet.google.com/apm-wrys-imv (“Google Chrome” browser recommended); or telephonically by calling 1-657-400-3102 (PIN: 816 827 837#). No bids will be accepted after said prevailing date and time.

Bidders are notified that this is an electronic bid using the “Bonfire” electronic procurement platform. The contract documents, specifications and access to the electronic bid are available on-line, at no cost, at https://mrrsa.bonfirehub.com/opportunities/229037. Bids are required to be uploaded and submitted through the “Bonfire” electronic procurement platform. Paper-based bid packages will not be accepted.

Bidders are required to comply with the requirements of P.L. 1975, c.127 (N.J.A.C. 17:27-1 et. seq.) and N.J.S.A.

10:5-31 et. seq.

Brian J. Brach, PE, QPA

Posted on Friday, March 27, 2026

89 Havens Bridge Road www.mrrsanj.gov Tel: (732) 431-8185 Farmingdale, NJ 07727 contact@mrrsanj.gov Fax: None http://meet.google.com/apm-wrys-imv https://mrrsa.bonfirehub.com/opportunities/229037

INSTRUCTIONS TO BIDDERS

1.0 DESCRIPTION OF GOODS AND SERVICES

A. The solicited goods and services shall be provided in a single overall contract comprising furnishing and delivery of hydrogen peroxide product to the Authority’s two (2) existing facilities.

2.0 LOCATION OF WORK

A. The hydrogen peroxide product shall be delivered to the following locations (further identified on the map contained in the Appendix of the contract documents):

1. MRRSA Upper H2O2 Facility (denoted as the “NJSH 9 Facility” on the Appendix Map) located on the south side of West Farms Road near its intersection with NJSH Route 9 (across from The Home Depot shopping center) in Howell Township.

2. MRRSA Lower H2O2 Facility (denoted as “CR 547 Facility” on the Appendix map) located along Route 547 in Howell Township.

3.0 ELECTRONIC SUBMISSION OF BID AND BID OPENING

A. Electronic bids shall be received by the Manasquan River Regional Sewerage Authority, hereinafter referred to as “Owner”, in accordance with public advertisement as required by law, with a copy of said notice being attached hereto and made a part of these specifications.

B. Bids for the above referenced contract will be electronically received, opened and publicly announced in accordance with N.J.S.A. 40A:11-1 et. seq. (the “Local Public Contracts Law”) on Thursday, April 9, 2026 at 10:00am prevailing time by the Authority’s Executive Director or designee.

C. Bid packages are available at no cost and shall be submitted using the “Bonfire” electronic procurement platform (https://mrrsa.bonfirehub.com/opportunities/229037), as well as in the Notice to Bidders and the Authority’s website (https://mrrsanj.gov/legal-notices/).

D. No bids will be accepted after said prevailing date and time.

E. Paper-based submissions are PROHIBITED and shall be returned unopened. THIS IS SOLELY AN

ELECTRONIC BID USING THE “BONFIRE” ELECTRONIC PROCUREMENT PLATFORM.

F. Attendees are invited to witness the electronic unsealing of bids:

1. In-person at the Manasquan River Regional Sewerage Authority Headquarters, 89 Havens Bridge Road, Farmingdale, New Jersey 07727; or

2. Virtually by joining the “Google Meet” platform at http://meet.google.com/apm-wrys-imv

(“Google Chrome” browser recommended); or

3. Telephonically by calling 1-657-400-3102 (PIN: 816 827 837#).

INSTRUCTIONS TO BIDDERS ITB-1

Contract No. 15N (RE-BID): Furnishing and Delivery of Hydrogen Peroxide https://mrrsa.bonfirehub.com/opportunities/229037 https://mrrsanj.gov/legal-notices/ http://meet.google.com/apm-wrys-imv

G. The MRRSA assumes no responsibility for each bidder’s use and/or issues thereof related to the “Bonfire” electronic procurement platform.

H. Bidders are not required to be in attendance (either physically or virtually).

I. More than one (1) bid from an individual, a firm or partnership, a corporation or association under the same names shall not be considered.

J. Potential bidders are cautioned that they are responding at their own risk if a third party supplied the specifications that may or may not be complete. The Owner is not responsible for third party supplied documents.

K. Bidders are required to officially register through the “Bonfire” electronic procurement platform, at no charge, so that original bid package documents, addenda and messages can be sent directly to them via the platform.

L. Scanned copies of bid documents will be made publicly available pursuant to the requirements of N.J.A.C. 5:34-8.5(e).

4.0 PREPARATION OF BID

A. All bids must be presented upon the bid forms included in the Contract Documents, and as required by the “Bonfire” electronic procurement platform, and shall be signed by the Bidder with his business address and name of corporation or company. Bid forms shall not be altered or added to in any way.

B. Scans of executed documents are acceptable and shall be uploaded to the “Bonfire” electronic procurement platform.

C. Each bid proposal must give the full business name, business address, business phone, e-mail, the contact person of the bidder, and be signed by an authorized representative as follows:

1. 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 signature and designation of the person signing.

2. Bids by corporations must be signed in the legal name of the corporation, followed by the name of the State in which they are incorporated and must contain the signature and designation of the president, secretary or other person authorized to bind the corporation in the matter.

3. Bids by sole-proprietorship shall be signed by the proprietor.

4. When requested, satisfactory evidence of the authority of the officer signing shall be furnished.

5. In the case of a limited liability company the bid must be signed by a managing member of that LLC.

INSTRUCTIONS TO BIDDERS ITB-2

D. When no figure is provided by the Bidder in both the “Unit Price” and “Amount” columns for one or more pay items, the Owner shall reject the Bid. No bid will be accepted which does not contain a price for every bid item contained in the Bid forms.

E. Bids signed by an agent must be accompanied by a Power of Attorney duly acknowledged before a notary public, evidencing the authority of the agent to act for the principal or principals.

F. All corporations and partnerships must complete the statement form, which appears on the Bid pages pursuant to the requirements of P.L. 1977, c. 33 (N.J.S.A. 52:25-24.2).

5.0 “TRUTH IN CONTRACTING” LAWS

A. Bidders should be aware of the following statutes that represent “Truth in Contracting” laws:

1. N.J.S.A. 2C:21-34, et. seq. governs false claims and representations by bidders. It is a serious crime for the bidder to knowingly submit a false claim and/or knowingly make a material misrepresentation(s).

2. N.J.S.A. 2C:27-10 provides that a public servant commits a crime if said public servant solicits or receives a benefit, directly or indirectly, for an official act performed or to be performed by a public servant, which is a violation of official duty.

3. N.J.S.A. 2C:27-11 provides that a bidder commits a crime if said person, directly or indirectly, confers or agrees to confer any benefit not allowed by law to a public servant.

4. Bidders should consult the statutes and/or legal counsel for further information.

6.0 PAY-TO-PLAY DISCLOSURE

A. Business entities are advised of their responsibility to file an annual disclosure statement of political contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A. 19:44-20.27 if they receive contracts in excess of $50,000 from public entities in a calendar year.

B. Business entities are responsible for determining if filing is necessary.

C. Additional information on this requirement is available from ELEC at (888) 313-3532 or at www.elec.state.nj.us.

7.0 INTERPRETATIONS AND ADDENDA

A. The bidder understands and agrees that its bid is submitted on the basis of the specifications prepared by the Owner. The bidder accepts the obligation to become familiar with these specifications. Bidders must examine each of the Contract Documents and become thoroughly familiar with the specifications, must visit the location of the work, and inform themselves of the conditions and make their own estimate of the facilities and difficulties attending the execution of the work.

INSTRUCTIONS TO BIDDERS ITB-3

http://www.elec.state.nj.us

B. Bidders are expected to examine the specifications and related bid documents with care and observe all their requirements. Ambiguities, errors or omissions noted by bidders should be promptly reported in writing to the Owner using functionality provided by the “Bonfire” electronic procurement platform.

C. Any prospective bidder who wishes to challenge a bid specification shall file such challenges in writing with the Owner no less than three (3) business days prior to the opening of the bids.

Such challenges shall be submitted using functionality provided by the “Bonfire” electronic procurement platform. Challenges filed after that time shall be considered void and have no impact on the contracting unit or the award of a contract pursuant to N.J.S.A. 40:11-13.

D. In the event the bidder fails to notify the Owner of such ambiguities, errors or omissions, the bidder shall be bound by the requirements of the specifications and the bidder’s submitted bid.

E. No oral interpretation and/or clarification of the meaning of the specifications for any goods and services will be made to any bidder. Such requests shall be in writing, addressed to the Owner’s representative stipulated in the specifications, and submitted using functionality provided by the “Bonfire” electronic procurement platform.

1. In order to be given consideration, a written request must be received at least three (3) business days prior to the date fixed for the opening of the bid for goods and services.

F. All interpretations, clarifications and any supplemental instructions will be in the form of written addenda to the specifications and notice will be provided through and advertisement in the Asbury Park Press and Star Ledger (the Authority’s official newspapers), as well as sent to all registered prospective bidders/vendors using functionality within the “Bonfire” electronic procurement platform no later than seven (7) days (Saturdays, Sundays and holidays excluded) prior to the date fixed for the opening of bids.

1. All addenda so issued shall become part of the specifications and bid documents and shall be acknowledged by the bidder in the bid by completing the “Acknowledgement of Receipt of Addenda” form (Exhibit C). In the event that the Bidder does not acknowledge receipt of any or all addenda, the Bidder nonetheless shall be bound to comply with said addenda.

2. The Owner’s interpretations or corrections thereof shall be final.

3. Pursuant to N.J.S.A. 40A:11-23(c)(1) when issuing addenda, the Owner shall provide required notice prior to the official receipt of bids to any person who has submitted a bid or who has registered through the “Bonfire” electronic procurement platform. Addenda will be sent from the “Bonfire” electronic procurement platform. It is recommended that bidders ensure proper configuration of settings within the “Bonfire” electronic procurement platform so as to receive all such notifications. The Owner shall not be responsible for a bidder’s incorrect settings or failure to utilize the “Bonfire” electronic procurement platform to receive such notifications.

4. If the addenda materially change the solicitation, the Owner reserves the right to postpone the date for opening of the bids.

INSTRUCTIONS TO BIDDERS ITB-4

G. Omissions and Discrepancies

1. Should a Bidder find discrepancies or omissions in the Contract Documents, or should he be in doubt as to the meaning, he should immediately notify the Owner in writing through the “Bonfire” electronic procurement platform. The Owner shall issue an addendum for clarification to all of those who have received sets of Contract Documents.

2. In the event that there is a discrepancy between the unit prices and the extended totals, the unit prices shall prevail.

3. In the event there is an error of the summation of the extended totals, the computation by the Owner of the extended totals shall govern.

4. It is anticipated that use of the “Bonfire” electronic procurement platform is capable of mostly eliminating such errors with automatic calculation of extended total and automated summation of the extended totals.

H. A pre-bid conference is not being held.

8.0 SUBMISSION REQUIREMENTS

A. Items MANDATORY For BID

1. The bidder is required to submit the following MANDATORY items with the BID. In order to be considered a responsive submission, each item must meet all requirements of the relevant statutes and, in the case of the execution of the Contract Documents, must be legally binding on the bidder:

a. Bid is legally executed on behalf of the bidder (Exhibit A);

b. Reserved;

c. Reserved;

d. A statement of corporate ownership, including a list of all stockholders who hold a

10-percent or greater interest in the company pursuant to N.J.S.A. 52:25-24.2 (Exhibit D);

e. A listing of subcontractors pursuant to N.J.S.A. 40A:11-16 (Exhibit E);

f. Prices have been included for every bid item contained in the bid forms.

INSTRUCTIONS TO BIDDERS ITB-5

B. Items MANDATORY For AWARD

1. The bidder is required to submit the following MANDATORY items for AWARD. It is requested that these items be submitted with the bid but it is not required as long as they are provided prior to award. Failure of the bidder to provide any of these items in proper form by the time set for award may result in rejection of the bid.

a. Various prices for each unit;

b. Total Price Bid;

c. Signature of bidder on scanned documents is property witnessed;

d. Name of signers and witnesses are typed or printed below signatures;

e. Reserved;

f. Reserved;

g. For joint venture bidders, separate Ownership Disclosure Statements are included in the

Bid pages for each member pursuant to N.J.S.A. 52:25-24.2;

h. Evidence of bidder’s compliance with all legal requirements for the bidder to bid and enter into the contract (ie: plumbing contractor compliance with N.J.S.A. 45:15C12.3(b), electrical contractor compliance with N.J.S.A. 45:5A-9, etc.);

i. Evidence, in the case of a corporation organized under the laws of any other state, that the bidder has been issued a certificate of authority to transact business in this State;

j. Evidence, in the case of a partnership, as to whether the partnership is general or limited and identifying the names and addresses of all partners and indicating whether they are general or limited partners;

k. Evidence, in the case of a joint venture bidder, as to the parties to the joint venture, a statement of the individual responsibilities of each part to the joint venture agreement and such other information as may be pertinent to each of the joint venturers’ responsibility to fulfill obligations of the Contract. All information and certification required in the Contract Documents shall be separately stated for each member of the joint venture;

l. For corporate bidders, a corporate resolution authorizing the bid is attached to the Bid pages (Exhibit B);

m. An acknowledgement of the receipt of any notices, revisions or addenda to the advertisement or bid documents pursuant to N.J.S.A. 40A:11-23.1 (Exhibit C)

n. The “Non-Collusion Affidavit” is correctly filled out, signed on behalf of the bidder and property notarized pursuant to N.J.S.A. 52:34-15 (Exhibit F);

INSTRUCTIONS TO BIDDERS ITB-6

o. Executed “State Treasurer's List of Debarred, Suspended and Disqualified Bidders” (Exhibit G);

p. The “Affirmative Action Compliance Notice” certification is properly completed and signed by the bidder pursuant to N.J.S.A. 10:5-31 and N.J.A.C. 17:27 (Exhibit H);

q. The “Certification of Non-Segregated Facilities” form is properly completed and signed by the bidder (Exhibit I);

r. The “Prohibited Russia-Belarus & Iran Investment Activities” form is completed and signed by the bidder (Exhibit J);

s. Business Registration Certificates for the bidder and subcontractors of any tier are provided pursuant to the provisions of P.L. 2004, c. 57 of N.J.S.A. 52:32-44;

t. Such additional information as may be required to establish that the bidder is responsible and adequately prepared to fulfill the requirements of the contract.

C. Additional investigations may be made as deemed necessary by the Owner to verify the responsibility of the bidder to perform the contract, and the bidder shall furnish the Owner with all additional information and data for this purpose, as may be requested.

D. The Owner reserves the right to reject any bid if the evidence submitted by the bidder, or the investigation of such bidder fails to satisfy the Owner that such bidder has the responsibility to properly carry out the obligations of the Contract.

E. Before taking final action to reject a low bid for lack of bidder responsibility, the Owner shall notify the low bidder and afford such bidder an opportunity to request a hearing before the Owner to present any additional information concerning the low bidder’s responsibility.

9.0 QUALIFICATIONS OF BIDDERS

A. The Owner may make such investigations as he deems necessary to determine the ability of the Bidder to perform the work, and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request.

B. The Owner reserves the right to reject any bid if the evidence submitted or investigation of such

Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein.

10.0 BRAND NAMES, STANDARDS OF QUALITY AND PERFORMANCE

A. Brand names and/or descriptions used in these specifications are to acquaint bidders with the types of goods and services desired and will be used as a standard by which goods and services offered as equivalent will be evaluated.

INSTRUCTIONS TO BIDDERS ITB-7

B. When a specification uses the term “brand name or equivalent”, the listed brand name shall serve as a reference or point of comparison for the functional and operational characteristics desired for the good or service being requested. Where a bidder submits an equivalent, it shall be the responsibility of the bidder to document the equivalence claim. Failure to submit such documentation shall be grounds for rejection of the claim of equivalence.

C. In submitting its bid, the bidder certifies that the goods and services to be furnished will not infringe upon any valid patent or trademark and that the successful bidder shall, at its own expense, defend any and all actions or suits charging such infringement, and will save the Owner harmless from any damages resulting from such infringement.

D. The bidder shall guarantee any or all goods and services supplied under these specifications.

Defective or inferior goods shall be replaced at the expense of the bidder. The bidder will be responsible for return freight or restocking charges.

11.0 PRICING INFORMATION FOR PREPARATION OF BIDS

A. The Owner is exempt from any local, state or federal sales, use or excise taxes. The Owner will not pay for NJ State Sales and Use Tax that are included on any invoices.

B. Estimated Quantities (Open-Ended Contracts)

1. The Owner 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 N.J.A.C. 5:30-11.2 and 11.10. NO MINIMUM PURCHASE IS IMPLIED OR GUARANTEED. All bid prices shall reflect this.

C. The 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 have included this cost.

D. Bidders shall insert prices for furnishing goods and services required by these specifications.

Prices shall be net, including any charges for packing, crating, containers, etc. All transportation charges shall be fully prepaid by the bidder, F.O.B. destination and placement at locations specified by the Owner. As specified, placement may require inside deliveries. No additional charges will be allowed for any transportation costs resulting from partial shipments made for the bidder’s convenience.

E. In the event of an emergency declared at the local, state or federal level prior to the expiration of the contract, if the Owner opts to extend terms and conditions of the contract, the bidder agrees to extend the terms and conditions of this specification, whether existing or expiring for no longer than six (6) months, for good and/or services for the duration of the emergency.

F. All prices bid shall include costs for all contractual obligations (including but not limited to guarantees and bonds).

INSTRUCTIONS TO BIDDERS ITB-8

12.0 METHOD OF CONTRACT AWARD

A. The length of the contract shall be as stated within these contract documents and specifications.

Pursuant to the requirements of N.J.A.C. 5:30-5.1 et. seq., any contract resulting from this bid shall be subject to the availability and appropriation of sufficient funds annually. Please see ITB Section 16.0(F) for additional information.

B. The Owner will evaluate bids and any award will be made to the lowest responsible bidder whose bid conforms to this solicitation in accordance with N.J.S.A. 40A:11-6.1.

C. The contract award shall be determined by the lowest total cost for the Total Bid (Sum of Year 1

+ Sum of Year 2) only.

D. The form of contract (see “Agreement”) shall be submitted by the Owner to the successful responsive and responsible bidder. Terms of the specifications/bid package prevail. Bidder exceptions must be formally accepted by the Owner; material exceptions shall not be approved.

E. The successful responsive and responsible bidder shall execute and submit a complete W-9 Form and submit said form to the Owner prior to execution of the Agreement.

13.0 RIGHT TO ACCEPT OR REJECT BIDS

A. The Owner reserves the right to reject any or all bids and to waive any informalities, if, in his sole discretion, it is in the public interest to do so.

B. Bids may be rejected for any of the following reasons:

1. All bids pursuant to N.J.S.A. 40A:11-13.2.

2. If more than one (1) bid is received from an individual, firm or partnership, corporation or association under the same name.

3. Multiple bids from an agent representing competing bidders.

4. The bid is inappropriately balanced.

5. The bidder is determined to possess, pursuant to N.J.S.A. 40A:11-4(b), Prior Negative

Experience.

6. If the successful bidder fails to enter into a contract within (21) days (Sundays and holidays excepted), or as otherwise agreed upon by the parties to the contract. In this case at its option, the Owner may accept the bid of the next lowest responsive and responsible bidder pursuant to N.J.S.A. 40A:11-24(b).

7. 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 cause for rejection by the Owner in accordance with applicable law. Any changes, whiteouts, strikeouts, etc. in the bid must be initialed by the person signing the bid.

INSTRUCTIONS TO BIDDERS ITB-9

8. Submission of false, deceptive, or fraudulent statements or information by bidders shall result in rejection, or, if applicable, revocation of an awarded contract. Additionally, any such bidder will be subject to the criminal and/or civil penalties provided by all applicable State and Federal laws.

9. No contract for work shall be awarded to a contractor or subcontractor who is included on the New Jersey State Treasurer’s list of debarred, suspended or disqualified bidders.

14.0 RESCISSION OF AWARD

A. It is expressly understood and agreed by the bidder that, in addition to and not in lieu of any other provisions of the Contract Documents, the Owner shall condition any award made by it upon consummation of financing and/or receipt of the necessary approvals of the State and Federal agencies involved and, further, may at any time, rescind any award made by it if:

1. Financing satisfactory to the Owner cannot be consummated as contemplated;

2. Financing does not continue to be available on terms satisfactory to the Owner;

3. The requisite State and Federal agencies do not approve said Contract; or

4. Any court of competent jurisdiction shall enjoin or otherwise prohibit the Owner from proceeding with the work.

15.0 TIME TO AWARD CONTRACT

A. The Owner will make an award of the Contract(s) under and pursuant to N.J.S.A. 40A: 11-1 et seq., within sixty (60) days from the date of the receipt of bids.

16.0 WITHDRAWAL OF BIDS

A. The attention of Bidders is directed to the fact that in submitting their bid, the Bidder agrees that he will not withdraw the bid within sixty (60) consecutive calendar days after the bids are opened.

B. Upon proper request and identification, bids may be withdrawn as follows:

1. Any time prior to the designated time for the opening of bids.

2. Provided the bid has not been accepted by the Owner, at any time subsequent to the expiration of the period during which the Bidder has agreed not to withdraw their bid.

3. In the case of a bidding process for a public works contract, a bidder may request withdrawal of a bid, due to a mistake on part of the bidder, within five (5) business days after a bid opening. Withdrawal of a bid in this manner shall be subject to the provisions of N.J.S.A.

40A-11-23.3.

INSTRUCTIONS TO BIDDERS ITB-10

C. Unless a bid is formally withdrawn, it shall be deemed open for acceptance until both parties have executed the Contract Agreement thereto or until the Owner manifests that he does not intend to accept the bid. Notice of acceptance of a bid shall not constitute rejection of any other bid.

D. The Owner and bidder may agree to hold bids for consideration for a longer period of time, in accordance with the Local Public Contracts Law (N.J.S.A. 40A:11-1, et. seq.).

17.0 TERMINATION OF CONTRACT

A. The Owner reserves the right to terminate the contract, at any time and for any reason, by giving written notice to the contractor of such termination and specifying the effective date of the termination without penalty.

B. If, through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations under the contract or if the contractor shall violate any of the requirements of the contract, the Owner shall there upon have the right to terminate the contract by giving written notice to the contractor of such termination and specifying the effective date of termination. Such termination shall relieve the Owner or any obligation for balances to the contractor of any sum of sums set forth in the contract. The Owner will pay only for goods and services accepted prior to termination.

C. Notwithstanding the above, the contractor shall not be relieved of liability to the Owner for damages sustained by the Owner by virtue of any breach of the contract by the contractor and the Owner may withhold any payments to the contractor for the purpose of compensation until such time as the exact amount of the damage due to the Owner from the contractor is determined.

D. The contractor agrees to indemnify and hold the Owner harmless from any liability to subcontractors/suppliers concerning payment for work performed or goods supplied arising out of the lawful termination of the contract by the Owner under this provision.

E. In case of default by the contractor, the Owner may procure the goods or services from other sources and hold the contractor responsible for any excess cost.

F. Continuation of the terms of the contract beyond the fiscal year is contingent upon availability of funds in the following year’s budget. In the event of unavailability of such funds, the Owner reserves the right to cancel the contract.

G. It is understood by all parties that if, during the life of the contract, the contractor disposes of his/her business concern by acquisition, novation, merger, sale and/or transfer or by any means convey his/her interest(s) 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 Owner.

H. The contractor will not assign any interest in the contract and shall not transfer any interest in the same without the express prior written consent of the Owner.

I. The Owner may terminate the contract for convenience by providing sixty (60) days advance written notice to the Contractor without penalty.

INSTRUCTIONS TO BIDDERS ITB-11

J. The contractor shall maintain all documentation related to products, transactions or services under this contract for a period of five (5) years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon request.

K. For contracts that exceed one (1) year, each fiscal year payment obligation of the Owner is conditioned upon the availability of Owner funds appropriated or allocated for the payment of such an obligation. If funds are not allocated and available for the continuance of any services performed by the bidder awarded the contract (ie: contractor) hereunder, whether whole or in part, the Owner at the end of any particular fiscal year may terminate such services. The Owner will notify the contractor in writing immediately of any services that will be affected by a shortage of appropriated funds. This provision shall not be construed so as to permit the Owner to terminate the contract during the term, or any service hereunder, merely in order to acquire identical services from another contractor.

L. Neither party shall be responsible for any resulting loss or obligation to fulfill duties as specified in any of the terms or provisions of a contract if the fulfillment of any term or provision of the contract is delayed or prevented by any revolutions, insurrections, riots, wars, acts of enemies, national emergencies, strikes, floods, fires, pandemics, acts of God, or by any cause not within the control of the party whose performance is interfered with which by the exercise of reasonable diligence such party is unable to prevent. Additionally, if the fulfillment of any of terms and provisions of the contract is delayed or prevented by any court order, or action or injunction or other such agreement, the contract shall become voidable by the Owner by notice to the parties.

18.0 PAYMENT

A. No payment will be made unless duly authorized by the Owner’s authorized representative (ie:

the Board of Commissioners) and accompanied by the proper documentation.

B. Payment will be made in accordance with the Owner’s policies and procedures. Invoices shall specify, in detail, the period for which payment is claimed, the services performed during the prescribed period, the amount claimed and correlation between the services claimed and this proposal.

C. The Owner may withhold all or partial payments on account of subsequently discovered evidence including but not limited to the following:

1. Deliverables not complying with the specifications.

2. Claims filed or responsible evidence indicating probability of filing claims.

3. A reasonable doubt that the contract can be completed for the balance then unpaid.

4. When the above grounds of C(1) thru C(3) above are removed, payment shall be made for amounts withheld because of them.

D. Public funds may be used to pay only for goods delivered or services rendered. The Owner shall not pay penalties and/or interest on overdue bills unless otherwise required by law.

INSTRUCTIONS TO BIDDERS ITB-12

E. No employee is authorized to sign a letter of credit or any other document that represents a legal commitment on part of the Owner to pay additional fees. Such can only come from a resolution of the Owner’s Board of Commissioners.

F. The Authority’s Board of Commissioners is scheduled to meet once a month with occasional canceled meetings. Any payment is required to be approved by the Board of Commissioners. All accommodations to the meeting schedule must be included in the prices bid for the goods and services.

19.0 EXECUTION OF CONTRACT

A. The Bidder to whom the contract is awarded will be required to execute the Contract Agreement within ten (10) days (Sunday and legal holidays excluded) after receipt of notification that the Contract Agreement is ready for signature.

B. The following required documentation shall be submitted simultaneously with the executed

Agreement and Contract Documents:

1. Reserved;

2. Reserved;

3. Certificate(s) of Insurance for the bidder and subcontractors of any tier;

4. Reserved.

C. The required documentation shall be satisfactory to the Owner and shall be a condition precedent to the Owner’s execution of the Agreement.

D. Copies of each document shall also be provided for potential review by the Authority’s Engineer.

E. Should the successful bidder fail or refuse to execute and deliver the Contract, bonds, certificate(s) of insurance, cost breakdown, or any of them, satisfactory to the Owner, within the identified twenty one (21) day timeframe, or within such further time period as the Contractor and Owner may in writing agree, the Owner shall have the right to rescind the award and declare the amount of the Contractor’s bid security to be forfeited to the Owner, as liquidated damages for such failure or refusal.

20.0 DAMAGES

A. A successful Bidder, upon failure or refusal to execute and deliver the Contract Agreement and the required bonds and insurance certificates within the time specified in the Bid, shall be liable to the Owner for damages suffered. Said damages shall be defined as the difference between the amount specified in the successful bid and the amount for which the Owner may contract with another party to perform the work covered by said Bid, if the latter amount is in excess of the former, together with any additional expenses incurred by the Owner as a result of such Bidder’s failure to enter into the contract, including, but not limited to, the expense for re-advertisement for bids and the processing of such bids.

INSTRUCTIONS TO BIDDERS ITB-13

21.0 BIDDER’S WARRANTY

A. By the act of submitting a bid for the proposed contract, the Bidder warrants that neither the Bidder nor any of his employees, agents, intended suppliers or subcontractors have relied upon any verbal representations, allegedly authorized or unauthorized from the Owner, his employees or agents including architects, engineers or consultants, in assembling the bid figure.

22.0 OBLIGATION OF BIDDERS

A. At the time of the opening of bids, each Bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the Contract Documents, including all addenda.

The failure or omission of any Bidder to receive or examine any form, instrument or document shall in no way relieve any Bidder from his obligation to fulfill the requirements set forth in the Contract Documents of which his bid is a part.

B. After the receipt of the Bids, the Owner reserves the right, at his sole discretion, to exclude the work of selected Bid Items from the Contract should the total Bid exceed the funds available for the Project. The Contract will then be awarded on the basis of the reduced scope of work and the Bidder shall execute the Contract Agreement and furnish the required Bonds and insurance certificates, or forfeit his Bid deposit, as described in the following Article.

C. The bidder understands that the Owner may, without limitation, increase, decrease or eliminate items of work to be performed under the contract. The bidder further understands that in the case of any error or inconsistency in the figures, the unit prices stated in the proposal shall govern.

23.0 BID GUARANTEE

A. This contract is for goods and services and a Bid Guarantee is not required or applicable.

24.0 CONSENT OF SURETY

A. This contract is for goods and services and a Consent of Surety is not required or applicable.

25.0 STOCKHOLDER DISCLOSURE STATEMENT

A. No corporation or partnership shall be awarded any contract nor shall any agreement be entered into for the performance of any work or the furnishing of any materials or supplies, the cost of which is to be paid with or out of any public funds, by the State, or any county, municipality, or school district, or any subsidiary or agency of the State, or of any county, municipality, or school district, or by any authority, board, or commission which exercises governmental functions, unless prior to the receipt of the bid or accompanying the bid, of said corporation or said partnership there is submitted a statement setting forth the names and addresses of all stockholders in the corporation or partnership who own 10% or more of its stock, of any class or of all individual partners in the partnership who own 10% or greater interest therein, as the case may be.

B. If one or more such stockholder or partner is itself a corporation or partnership, the stockholders holding 10% or more of that corporation’s stock, or the individual partners owning 10% or greater interest in that partnership, as the case may be, shall also be listed.

INSTRUCTIONS TO BIDDERS ITB-14

C. The disclosure shall be continued until names and addresses of every non-corporate shareholder, and individual partner, exceeding the 10% ownership criteria established in this act has been listed.

26.0 LIST OF SUBCONTRACTORS

A. In accordance with N.J.S.A. 40A:11-16, the bidder shall set forth in the bid the name or names of all subcontractors to whom the bidder will subcontract the furnishing of plumbing and gas fitting, and all kindred work, and of the steam and hot water heating and ventilating apparatus, steam power plants and kindred work, and electrical work, structural steel and ornamental iron work, each of which subcontractors shall be qualified in accordance with this act.

B. Bidders that propose using more than one subcontractor for any of the specialized four (4) categories previously listed shall submit with their bid a certificate which shall set forth the scope of work for which the subcontractor has submitted a price quote and which the bidder has agreed to award to each subcontractor, should the bidder be awarded the contract. The certificate shall:

1. Be submitted to the Owner simultaneously with the list of subcontractors; and

2. Take the form of a single certificate listing all subcontractors or, alternatively, a separate certificate may be submitted for each subcontractor.

C. Failure to submit the subcontractors list and, when necessary, subcontractors certificate, shall be cause for rejecting the bidder’s bid.

27.0 PROHIBITED RUSSIA-BELARUS & IRAN INVESTMENT ACTIVITIES

A. Pursuant to law, any person or entity that is a successful bidder or proposer, or otherwise proposes to enter into or renew a contract, for goods or services must complete the certification below prior to contract award to attest, under penalty of perjury, that neither the person or entity, nor any parent entity, subsidiary, or affiliate, is identified on the Department of Treasury's Russia-Belarus list or Chapter 25 list as a person or entity engaging in prohibited activities in Russia, Belarus or Iran. Before a contract for goods or services can be amended or extended, a person or entity must certify that neither the person or entity, nor any parent entity, subsidiary, or affiliate, is identified on the Department of Treasury's Russia-Belarus list..

B. Both lists are found on Treasury’s website at the following web addresses:

https://www.nj.gov/treasury/administration/pdf/RussiaBelarusEntityList.pdf www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf

C. A person or entity unable to make the certification must provide a detailed, accurate, and precise description of the activities of the person or entity, or of a parent entity, subsidiary, or affiliate, engaging in prohibited activities in Russia or Belarus and/or investment activities in Iran.

The person or entity must cease engaging in any prohibited activities and provide an updated certification before the contract can be entered into.

INSTRUCTIONS TO BIDDERS ITB-15

Contract No. 15N (RE-BID): Furnishing and Delivery of Hydrogen Peroxide https://www.nj.gov/treasury/administration/pdf/RussiaBelarusEntityList.pdf http://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf

D. If a vendor or contractor is found to be in violation of law, action may be taken as appropriate and as may be provided by law, rule, or contract, including but not limited to imposing sanctions, seeking compliance, recovering damages, declaring the party in default, and seeking debarment or suspension of the party.

28.0 PERFORMANCE BOND

A. This contract is for goods and services and a Performance Bond is not required or applicable.

29.0 LABOR AND MATERIAL (PAYMENT) BOND

A. This contract is for goods and services and a Labor and Material (Payment) Bond is not required or applicable.

30.0 INSURANCE CERTIFICATES AND POLICIES

A. At the time of executing the Contract Agreement, the Contractor shall submit insurance certificates and a copy of the insurance policy covering all insurance meeting the requirements below:

1. Worker’s Compensation and Employer’s Liability Insurance: Covering all of the Policy

Holder’s employees directly or indirectly engaged in the performance of this Contract. This insurance shall comply with the statutory requirements of the State or States involved and shall have an Employer’s Liability Insurance limit of not less than $500,000 for bodily injury by accident, $500,000 for occupational disease and $500,000 aggregate limit.

2. Commercial General Liability Insurance: Shall include Bodily Injury and Property Damage.

Combined Single Limit with a limit no less than $2,000,000 for any one occurrence, $4,000,000 General Aggregate and $2,000,000 Products and Complete Operations Aggregate. Personal injury coverage must be included with a $1,000,000 limit. A per Project Aggregate must be included. Broad Form Property Damage Insurance must be included.

Contractual Liability Insurance must be included, expressing insuring the Policy Holder’s liability for occurrences assumed by the Policyholder to the extent covered by the standard form of Commercial General Liability policy in New Jersey. Completed Operations Coverage must be provided for a minimum of 2-years from completion of the project.

3. Comprehensive Automobile Liability Insurance: Covering the Policyholder for all claims arising from all owned, hired and non-owned vehicles with a limit of not less than $1,000,000 combined single limit for bodily injury and property damage.

4. Umbrella Liability Insurance: Providing coverage at least as broad as that provided by the

Commercial General Liability Insurance, Comprehensive Automobile Liability Insurance and Employer's Liability Insurance required in Sections 1, 2 and 3 above, with a limit of not less than $3,000,000 per occurrence and $3,000,000 aggregate.

INSTRUCTIONS TO BIDDERS ITB-16

5. Pollution Liability Insurance: The Policyholder shall obtain and maintain throughout the life of the work, a broad form Pollution Liability Insurance Policy with…