14-Addendum No 1 NBCUA-BID-25-003 FINAL.pdf

Northwest Bergen County Utilities Authority

ADDENDUM NO. 1

Solicitation Reference No.: NBCUA-BID-25-003 Contract No.: 25-003

DISPOSAL OF INCINERATOR ASH FOR THE WASTEWATER TREATMENT PLANT

Questions and Answers

IMPORTANT NOTICE – BID SUBMISSION DEADLINE CHANGE

THE BID SUBMISSION DEADLINE HAS BEEN EXTENDED

NEW DEADLINE: SEPTEMBER 10, 2025 at 12:00 PM PREVAILING TIME (Previously: August 19, 2025 at 9:00 AM EDT)

ALL BIDS MUST BE RECEIVED BY THE NEW DEADLINE TO BE CONSIDERED

By order of the Northwest Bergen County Utilities Authority (hereinafter, called the "NBCUA" or "Authority"), all Contractors submitting Bids for the above Contract are hereby given notice that, in accordance with the New Jersey Local Public Contracts Law, the Authority is issuing Addendum No. 1 dated August 9, 2025. This addendum is hereby made part of the contract documents for the above Contract. Please note the revisions described herein and submit bids accordingly.

Questions and Answers

The following questions were submitted by prospective bidders. Questions may have been modified by the Authority for clarity and conciseness.

Q&A TABLE:

Question No.

RFB Section Reference Submitted Question (May be edited for clarity) NBCUA Response

General Conditions, Section G.21

Will the Authority include in the General Conditions of Contract, as a modification to Section G.21, NET 30 payment terms upon receipt of properly formatted invoice from the Contractor (replacing existing 60-day payment terms)?

No change to the existing NET 60 payment terms. The current 60-day payment terms as specified in Section G.21 will remain in effect.

General Conditions, Section G.24

Will the Authority agree to include in Section G.24 (Liquidated Damages) the following clause: “Liquidated Damages shall not be assessed on this Contract if the delay in, or impossibility of performance by the Contractor, is the result of or occasioned by a Force Majeure Event, or circumstance beyond the control of the Contractor.”?

IMPORTANT NOTICE: Section G.24 (Liquidated Damages) SHALL BE DELETED in its entirety from the General Conditions of Contract for NBCUA-BID-25-

003. Contractors shall not include any provisions for liquidated damages in their bids. This section is specifically excluded and will not apply to Contract 25- 003.

3 General Conditions

Will the Authority agree to add a Force Majeure clause as a new section in the General Conditions, substantially in the form proposed by the bidder (including relief for uncontrollable circumstances and change in law)?

Yes. The Authority agrees to add the following as new Section G.28:

FORCE MAJEURE (Section G.28):

(a) Definition: Neither party shall be liable for failure or delay in performance due to causes beyond their reasonable control and without fault or negligence, including:

• Fire, flood, or acts of God directly impacting disposal site or transportation

• Government-ordered closure of disposal facilities or transport routes

• Strikes at disposal facility (excluding Contractor’s employees)

• Declared state of emergency prohibiting trucking

No.

RFB Section Reference Submitted Question (May be edited for clarity) NBCUA Response

(b) Exclusions: Includes but is not limited to:

• Typical regional weather

• Equipment breakdowns

• Financial inability to perform

• Strikes involving Contractor’s personnel

• Changes in disposal site fees or taxes

• Routine permit delays

(c) Notice: Affected party must notify the other within 48 hours, including:

• Event nature and duration

• Mitigation steps

• Revised performance schedule

(d) Mitigation: Contractor must use best efforts to secure NJDEP-approved alternate disposal. Costs during Force Majeure events will be negotiated in good faith.

(e) Duration: Events lasting more than 30 consecutive days may trigger contract termination by Authority.

(f) Payment: Force Majeure does not relieve:

• The Authority from paying for completed, accepted services

• The Contractor from remitting already-paid fees or tipping charges

4 General Conditions

Will the Authority add, as a new General Condition of the Contract, a Mutual Waiver of Punitive and Consequential Damages, substantially in the form proposed by the bidder (“Neither party shall be liable for consequential or punitive

No change. The existing contract terms regarding damages remain in effect.

No.

RFB Section Reference Submitted Question (May be edited for clarity) NBCUA Response damages on any claims arising out of the performance or non-performance of obligations under the Contract.”)?

General Conditions, Section G.24

Can the Authority provide an amount for liquidated damages in Section G.24, as the surety company has requested this information prior to providing the Bid Guarantee?

As stated in Answer to Question 2 above, Section G.24 (Liquidated Damages) has been DELETED from this contract. No liquidated damages provisions apply to Contract 25-003. Bidders shall not include any such amounts in their bids.

SUMMARY OF CHANGES:

1. BID SUBMISSION DEADLINE EXTENDED TO: SEPTEMBER 10, 2025 at 12:00 PM PREVAILING TIME

2. Section G.24 (Liquidated Damages) – DELETED

3. Section G.28 (Force Majeure) – ADDED

4. All other terms and conditions of the original Request for Bid (RFB) for NBCUA Contract No. 25-003 remain unchanged except as specifically modified by this Addendum

Bidders MUST acknowledge receipt of this Addendum in their bid submission.

End of Addendum No. 1