2025-07-25 RFB 95-25_Replacement of Screw Compressors at MSA_Bid Document.pdf

REQUEST FOR BID

CONTRACT NO. 95-25

REPLACEMENT OF SCREW COMPRESSORS

FOR

CHILLER PACKAGE #1 & #2

AT THE

WILLIAM G. MENNEN SPORTS ARENA

By

Morris County Park Commission 300 Mendham Road

Morristown, New Jersey 07960

Carlos Villar, Chief Operating Engineer Mennen Sports Arena

July 25, 2025

NOTICE TO ALL PREQUALIFIED PROSPECTIVE BIDDERS

Be advised that Contractor's payments will not be made until certified payroll records have been received showing wages and benefits paid in accordance with current Prevailing Wage Rates Determination as noted in Section 14 of the Instructions to Bidders.

MORRIS COUNTY PARK COMMISSION

300 MENDHAM ROAD, PO BOX 1295

MORRISTOWN, NEW JERSEY 07962-1295

TABLE OF CONTENTS

PAGE

NOTICE TO BIDDERS

INSTRUCTIONS TO BIDDERS ............................................................................................................ 5 to 22

BID FORM………………...................................................................................................................... 23 to 26

BID BOND ...............................................................................................................................................27 to 29

CONSENT OF SURETY

OWNERSHIP DISCLOSURE STATEMENT

NON-COLLUSION AFFIDAVIT

COMBINED CERTIFICATION: PROHIBITED ACTIVITIES IN RUSSIA AND BELARUS &

INVESTMENT ACTIVITIES IN IRAN..................................................................................................33 to 35

EXPERIENCE WORK SHEETS/STATEMENT OF FINANCIAL RESPONSIBILITY ......................36 to 39

IDENTIFICATIONS OF SUBCONTRACTORS

BIDDER QUESTIONNAIRE .................................................................................................................. 41 to 42

AFFIRMATIVE ACTION ASSURANCE FORM

ACKNOWLEDGMENTS OF RECEIPT OF CHANGES TO BID DOCUMENTS FORM

BID DOCUMENT SUBMISSION CHECKLIST

AGREEMENTS ...................................................................................................................................... 46 to 48

PERFORMANCE BOND ........................................................................................................................ 49 to 50

PAYMENT BOND .................................................................................................................................. 51 to 52

MAINTENANCE BOND ....................................................................................................................... 53 to 54

NOTICE OF AWARD

NOTICE TO PROCEED

GENERAL CONDITIONS ......................................................................................................................57 to 95

GENERAL REQUIREMENTS

SUPPLEMENTAL CONDITIONS

ATTACHMENT MENNEN SPORTS CENTER COMPRESSOR REPLACEMENT PROJECT MANUAL

DATED JULY 14, 2025 PREARED BY B32 ENGINEERING GROUP

ATTACHMENT PREVAILING WAGE RATES

(Printable copy available at: http://lwd.state.nj.us/labor/wagehour/wagerate/wage_rates.html) http://lwd.state.nj.us/labor/wagehour/wagerate/wage_rates.html

MORRIS COUNTY PARK COMMISSION

300 MENDHAM ROAD, PO BOX 1295

MORRISTOWN, NEW JERSEY 07962-1295

NOTICE TO BIDDERS

Separate sealed proposals from contractors will be received by the Morris County Park Commission (the “Park Commission”) for CONTRACT NO. 95-25 titled “REPLACEMENT OF SCREW COMPRESSORS FOR CHILLER PACKAGE #1 & #2 AT THE WILLIAM G. MENNEN SPORTS ARENA” at 10:00 a.m., prevailing time, on Wednesday. September 3, 2025 at the Morris County Park Commission’s Administration Headquarters, located at 300 Mendham Road, Morristown, New Jersey 07962.

PROJECT SCOPE (FOR MAGNITUDE PURPOSES ONLY):

The scope of work for this project consists of replacing two screw compressors for chiller package #1 & #2 at Mennen Sports Arena, 161 E Hanover Avenue, Morris Township, New Jersey. Contractor shall disconnect, remove two (2) existing screw compressors and install two (2) new bare compressors, change the chillers refrigeration oil, and the startup of each new compressor. The reclamation and recovery of the refrigerant must meet the requirements outlined in Section 608 of the Clean Air Act of 1990

There will be a non-mandatory pre-bid meeting held at Mennen Sports Arena, 161 E. Hanover Avenue, Morristown, New Jersey, on Wednesday August 13, 2025 at 10 a.m.

Bids shall be enclosed in a sealed envelope addressed to the Morris County Park Commission and marked with the name and address of the Bidder and the Contract Title and Contract Number. Bids shall be submitted on the proposal forms provided in the manner designated therein, and clearly marked on the outside of the envelope “Sealed Bid.”

Potential bidders are strongly encouraged to mail responses via USPS, UPS, and Fedex, etc. Potential Bidders wishing to hand-deliver their qualifications may only do so in person at the time of the bid opening. No bids shall be accepted after the designated time. Prospective Bidders are not required to attend the bid opening, but those choosing to attend are required to observe social distancing practices and to follow safety protocol as directed.

Each bid must be accompanied by 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 $20,000.00 payable unconditionally to the Morris County Park Commission, 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 Morris County Park Commission stating that it will provide said Bidder with a Performance Bond in the full amount of the bid.

Contract Documents may be downloaded FREE from BidNet Direct at http://www.morriscountybidsystem.com on or after Friday, July 25, 2025. As a participating agency in the Morris County On-line Bid System, registered participants will receive electronic notification of future opportunities and any addenda issued for this contract. The Park Commission shall not be responsible for full or partial sets of Contract Documents, including addenda, obtained from any other source.

The successful Bidder shall comply with the Affirmative Action Requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27. Award will be made through a fair and open process pursuant to N.J.S.A. 19:44A-20.4.

Mark Demareski, Q.P.A., C.P.W.M Qualified Purchasing Agent http://www.morriscountybidsystem.com/

INSTRUCTIONS TO BIDDERS

RECEIPT AND OPENING OF BIDS

The Morris County Park Commission, (the “Park Commission"), invites bids on the forms of proposal attached hereto, all blanks of which must be appropriately filled in. Bids will be received by the Park Commission at the Park Commission Administration Building located at the Cultural Center, 300 Mendham Road, Morristown, New Jersey 07962, at 10:00 A.M., prevailing time, on Wednesday, September 3, 2025.

On Wednesday, September 3, 2025, at 10:00 a.m. prevailing time, a call will be made for all bids to be submitted at this time, in person, by a Bidder or a Bidder’s representative. No bids shall be accepted after the designated time. Bids shall be on the proposal forms provided in the manner designated therein and clearly marked on the outside of the envelope “Sealed Bid” with the CONTRACT NO. 95-25 and title “REPLACEMENT OF

SCREW COMPRESSORS FOR CHILLER PACKAGE #1 & #2 AT AT THE WILLIAM G. MENNEN

SPORTS ARENA”, noted. No bids will be accepted after 10:00 a.m., Wednesday, September 3, 2025.

Potential bidders are strongly encouraged to mail responses via USPS, UPS, and FedEx, etc. Potential Bidders wishing to hand-deliver their qualifications may only do so in person at the time of the bid opening. No bids shall be accepted after the designated time. Prospective Bidders are not required to attend the bid opening, but those choosing to attend are required to observe social distancing practices and to follow safety protocol as directed.

The Park Commission may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all bids. Any bid received after the time and date specified shall not be considered.

There will be a non-mandatory pre-bid meeting held at the Mennen Sports Arena, 161 E. Hanover Avenue, Morristown, New Jersey on Wednesday, August 13, 2025 at 10:00 a.m. All contractors interested in bidding for this work are encouraged to attend.

POSTPONEMENT OF RECEIPT OF BIDS

In the event of unforeseen circumstances occurring that would affect the opening of bids from taking place, such as inclement weather, the Park Commission shall postpone the receipt of bids in compliance with regulations set forth in N.J.A.C. 5:3:34-9.3.

The opening of bids will occur within five days, excluding Saturdays, Sundays, and holidays, of the original date.

As soon as practical, all vendors who have received contract documents from the Park Commission’s headquarters will be notified by telephone, fax or email of the postponement and the reason therefore. If possible, on the day and time originally scheduled, a notice shall be posted stating the postponement. In the event of a postponement, no bids shall be opened.

In the event of inclement weather, Bidders can call or email Carlos Villar, Chief Operating Engineer at cvillar@morrisparks.net or 973-326-7649 OR Mark Demareski, Q.P.A., C.P.W.M. at mdemareski@morrisparks.net or 973-252-8128 to check the status of the receipt of bids and/or pre-bid meeting.

PROJECT SCOPE (FOR MAGNITUDE PURPOSES ONLY)

The scope of work for this project consists of replacing two screw compressors for chiller package #1 & #2 at Mennen Sports Arena, 161 E Hanover Avenue, Morris Township, New Jersey. Contractor shall disconnect, remove two (2) existing screw compressors and install two (2) new bare compressors, change the chillers refrigeration oil, and the startup of each new compressor. The reclamation and recovery of the refrigerant must meet the requirements outlined in Section 608 of the Clean Air Act of 1990.

GENERAL

The Instructions to Bidders, General Conditions and all other documents which are a part of these Contract Documents shall be part of this Contract. The division of the specifications into sections and paragraphs is for convenience only, and is not necessarily an accurate division.

mailto:cvillar@morrisparks.net mailto:mdemareski@morrisparks.net

INSTRUCTIONS TO BIDDERS - Continued

PREPARATION OF BID

Each bid must be submitted on the prescribed form. All blank spaces for bid prices must be filled in, in ink or typewritten, in both words and figures.

BIDS MUST BE MADE UPON THE BLANK FORMS PROVIDED.

Proposals must be submitted in sealed envelopes bearing on the outside the name of the Bidder, their address, contract number and the name of the project for which the bid is submitted as follows:

FOR CHILLER PACKAGE #1 & #2

AT THE WILLIAM G. MENNEN SPORTS ARENA

SIGNATURE OF BIDDERS

The firm, corporate, or individual name of the Bidder must be signed in the space provided for the signatures on the proposal blanks. In the case of a corporation, the title of the officer signing must be stated, and such officer must be duly authorized to so sign. In the case of a partnership, the signature of at least one of the partners must follow the firm name, using the term "member of firm." In case of an individual, use the term "doing business as," or "sole Owner."

BIDDER’S CHECKLIST

The Bidder shall check and sign the Bid Document Submission Checklist containing all items requiring submission with the Bid. This list is to be submitted with the Bid.

CONSENT OF SURETY

A Consent of Surety certificate stating that the surety will provide the Contractor with the bond(s) required in the Contract Documents upon award of the contract, MUST ACCOMPANY EACH BIDDER’S PROPOSAL. The Consent of Surety must substantially comply with the form of Consent of Surety contained in the Contract Documents. FAILURE TO SUBMIT A CONSENT OF SURETY WHICH COMPLIES WITH THE REQUIREMENTS OF N.J.S.A. 40A:11-22 WILL RESULT IN REJECTION OF THE BID. The surety company must be licensed in the State of New Jersey.

OWNERSHIP DISCLOSURE STATEMENT REQUIREMENT

In accordance with N.J.S.A. 52:25-24.2 no corporation, partnership, or limited liability company 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 exercise governmental functions, unless prior to the receipt of the Bid or accompanying the Bid, of said corporation, partnership, or limited liability company 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, or members holding membership interests of 10% or more of the company, as the case may be. If one or more such stockholder, partner, or member is itself a corporation, partnership, or member, the stockholders holding 10% or more of that corporation's stock, the individual partners owning 10% or greater interest in that partnership, or members owning 10% or more of the membership interests of the company, as the case may be, shall also be listed.

The disclosure shall be continued until names and addresses of every non-corporate stockholder, individual partner, and member exceeding the 10% ownership criteria established in this act, has been listed. The Bidder shall submit a Statement of Corporate Ownership pursuant to NJSA 52:25-24.2 at the time of Bid. FAILURE TO SUBMIT AN

OWNERSHIP DISCLOSURE STATEMENT WHICH COMPLIES WITH THE REQUIREMENTS OF

N.J.S.A. 52:25-24.2 WILL RESULT IN REJECTION OF THE BID.

NON-COLLUSION AFFIDAVIT

The Bidder shall accompany its Bid with a Non-Collusion Affidavit certifying that the Bid has been arrived at independently and without collusion with any other Bidder. This affidavit will be completed on the form provided in the Bid Documents and shall be signed and notarized as required.

DISCLOSURE OF ACTIVITIES IN IRAN, RUSSIA, OR BELARUS

P.L. 2022, c. 3 prohibits the award, renewal, amendment, or extension of State and local public contracts for goods or services with persons or entities engaging in prohibited activities in Russia or Belarus. P.L. 2012, c.25 prohibits the award or renewal of State and local public contracts for goods and services with persons or entities engaged in certain investment activities in the energy or finance sectors of Iran.

BIDDER RESPONSIBILITIES PRIOR TO SUBMITTING A BID

It is the responsibility of each Bidder before submitting a Bid to:

A. Examine and carefully study the Bidding Documents and the other related data identified in the Bidding Document;

B. Visit the site, become familiar with, and satisfy Bidder as to the general, local, and site conditions that may affect cost, progress, and performance of the work.

C. Become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work;

D. Carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface and subsurface structures at the Site.

Before submitting a Bid, Bidders may, at their own expense, make such additional investigations and tests as they may deem necessary to determine their Bid for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents. The Bidder shall obtain all necessary permits and coordinate approval with the Owner for any such investigations and tests within the public right-of-way including, but not limited to, “No Parking” signs, Road Opening permits, and traffic protection and control. Owner is not responsible for any associated costs.

On request, Owner will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of a Bid. The Bidder shall notify the OWNER of such investigations and tests at least ten (10) days, Saturdays, Sundays, and legal holidays excluded, before the date set herein for the opening of bids.

The lands, upon which the Work is to be performed, rights-of-way for access thereto and other lands designated for use by the Contractor in performing the Work are identified in the Contract Documents.

The submission of a Bid will constitute an incontrovertible representation that the Bidder has complied with every requirement of this section and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work.

QUALIFICATION OF BIDDERS

The Bidder must submit a signed statement. (see Experience Worksheets/Statement of Financial Responsibility).

setting forth such information, as the Park Commission may require, concerning its financial condition, present and proposed plant and equipment, personnel and its working organization, and prior experience and performance record as requested on the applicable forms. The Park Commission will accept only those bids that comply with the substantive and procedural requirements in the bid advertisements, Instructions to Bidders, bid forms, and specifications. Conditional bids will not be accepted.

Bidders may be investigated and evaluated by the Owner to determine if they are responsible and qualified to perform the Work. All Bidders shall be prepared to submit within five days of Owner’s or Engineer’s request, written evidence of such information and data necessary to demonstrate responsibility. The investigation of a Bidder will seek to determine whether the organization is adequate in size, is authorized to do business in the jurisdiction where the project is located, has had previous experience and whether available equipment and financial resources are adequate to assure Owner that the Work will be completed in accordance with the terms of this Agreement. The amount of other work to which the Bidder is committed may also be considered. In evaluating Bids, Owner will consider the qualifications of only those Bidders whose bids are in compliance with the prescribed requirements.

The Owner reserves the right to reject any Bid if the evidence submitted by, or the investigation of, such Bidder fails to satisfy the Owner that such Bidder is responsible and properly qualified to carry out the obligations of the Contract Documents and to complete the Work contemplated herein.

NEW JERSEY PREVAILING WAGE ACT

The Contractors and/or the subcontractors shall fully comply with the New Jersey Prevailing Wage Act, Chapter 150, P.L. 1963 effective January 1, 1964, as amended by Chapter 64 of P.L. 1974, to the extent that it applies to this contract. If said act is applicable, the Contractor and/or its subcontractors shall, as ascertained from the Commissioner of Labor and Industry, pay the prevailing wage rate in the locality in which the contract is to be performed for each craft or trade needed to perform the contract.

All provisions of Chapter 150, P.L. 1963 as amended by Chapter 64, P.L. 1974 and the clauses required by Chapter 150, P.L. 1974 shall be deemed to be included herein. It will be the responsibility of the Contractor and/or subcontractors to comply with these wage rates as set forth by this law.

NON-DISCRIMINATION

The Contractor and/or subcontractors shall fully comply with the New Jersey Non-Discrimination in Employment Statutes, N.J.S.A. 10:2-1 through 10:2-4 and the Rules and Regulations adopted pursuant thereto effective October 5, 1966 and any amendments, and the Americans with Disabilities Act of 1991. Requests for information or material may be addressed to: Division of Civil Rights, 1100 Raymond Boulevard, Newark, New Jersey 07102.

SUBCONTRACTORS

Bidders must identify all proposed Subcontractors on the Identification of Subcontractors form contained in the Bid Proposal Form “Identification of Subcontractors” on Page P-24. If more than one subcontractor is proposed for a specific type of work, then the Contractor shall submit with the Bid a certificate setting forth the scope of work for which the Subcontractor has submitted a price quote and which the Bidder has agreed to award each Subcontractor should the Bidder be awarded the Contract.

BID SECURITY

Each bid must be accompanied by a cashier’s check, certified check or bid bond duly executed by the Bidder as principal and having as surety thereon a surety company approved by the Park Commission in the amount of ten percent (10%) of the bid (not to exceed $20,000), of the total bid. The surety company must be licensed in the State of New Jersey. Checks and bid bonds shall be returned by mail within ten (10) days of the opening of bids, Saturdays, Sundays, and holidays excluded, to all Bidders except the three apparent low Bidders. The bid security of the remaining unsuccessful Bidders and of the successful Bidder shall be returned within three (3) days, Saturdays, Sundays, and holidays excepted, after the award and execution of the contract. Should the Bidder to whom the Contract is awarded fail to enter into a contract and provide the requisite bonds and certificate of insurance within five (5) days from the date of the Notice of Award, Saturdays, Sundays, and holidays excepted, the Bidder shall forfeit its bid security and the Park Commission may then, at its option, accept the bid of the next lowest responsible Bidder. In the event that no award is made, all bid securities will be returned pursuant to New Jersey Local Public Contracts Law, N.J.S.A. 40A:11-1 et. seq.

INSTRUCTIONS TO BIDDERS – Continued

ADDENDA AND INTERPRETATIONS

No oral interpretations or clarifications of the specifications will be made. Every request for an interpretation or clarification shall be emailed to Mark Demareski, Q.P.A., C.P.W.M. at mdemareski@morrisparks.net. To be given consideration, all requests for interpretation or clarification must be received at least ten (10) business days prior to the date fixed for the opening of bids or Tuesday, August 19, 2025. No requests for clarification will be accepted after the deadline. Any and all such interpretations, clarifications, and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, shall be forwarded by the Park Commission to all prospective Bidders known at that time on BidNet Direct at http://www.morriscountybidsystem.com by Thursday, August 21, 2025 not later than seven (7) business days prior to the date fixed on the opening of bids. Failure of any Bidder to receive any such addendum or interpretation shall not relieve such Bidder from any obligation under their bid as submitted. All addenda so issued shall become a part of the contract documents.

Failure of the Bidder to acknowledge with the bid the Bidder’s receipt of any notice or revisions or addenda to the advertisement or bid documents in the document set forth on the appropriate page in the Proposal section, entitled “Acknowledgment of Receipt of Changes to Bid Documents Form,” shall be deemed a fatal defect that shall render the bid proposal unresponsive and that cannot be cured by the Owner.

CHALLENGES

Any prospective Bidder who wishes to challenge a bid specification shall file such challenge in writing with the contracting agent no less than three (3) business days prior to the opening of the bids. Challenges filed after that time shall be considered void and having no impact on the contracting unit or the award of a contract.

INSURANCE

The Contractor shall be required to purchase and maintain, at its own expense such insurance as required by the General Conditions and a Certificate of Insurance shall be filed with the Park Commission as specified in the General Conditions. The Contractor shall return with the signed contract and bonds, a certificate of insurance as specified in the General Conditions.

LAWS AND REGULATIONS

The Bidder's attention is directed to the fact that all applicable Federal, State, and County laws, municipal ordinances, and rules and regulations of all authorities having jurisdiction over this matter shall apply to the Contract throughout, and they will be deemed to be included in the Contract as though herein fully set forth at length.

OBLIGATION OF BIDDER

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 plans and contract documents including all addenda. The failure or omission of any Bidder to examine any form, instrument or document shall in no way relieve that Bidder from the obligation in respect of their bid.

PRICES BID

Prices shall be stated in both words and figures in the appropriate places in the "Form of Proposal," and bids may be considered informal which contain items not specifically required in the "Form of Proposal."

In the event that there is a discrepancy between the prices written in words, and those written in figures, the prices written in words shall govern.

CONTRACTOR'S EMPLOYEES

The Bidder will not be permitted to employ any laborer, working man or mechanic contrary to the rulings of the various authorities having jurisdiction.

mailto:mdemareski@morrisparks.net http://www.morriscountybidsystem.com/

Special attention of the Bidder is directed to labor requirements established forbidding discrimination in employment of citizens by reason of race, religion, sex or national origin.

The Bidder shall not employ any employee of the Park Commission.

The Successful Bidder is required to submit certified payroll records along with all bills.

STANDARDS AND SUBSTITUTIONS

The name and make of the article, device, material, form of construction, or equipment, etc., named in the Specifications, whether or not the words, "or equal", are used, shall be known as "standard." All proposals shall be based on the standard quality specified. Where two or more standards are named together, Bidders may bid on any standard named, regardless of the order in which they are named, so long as the adequacy and safety of the constructed product is not compromised.

It is the intention of the Specifications to permit the Contractor to base its bid on an "equal". If it chooses to base its bid on a "so-called equal", it does so at its own risk. In order to obtain approval to use this "equal", the following steps must be taken:

1. The complete specification and description of the proposed equal bid shall be furnished to the MORRIS COUNTY PARK COMMISSION for approval, prior to the award of Contract.

2. In all cases concerning the equality of any substitution, the decision of the MORRIS COUNTY PARK COMMISSION shall be final.

If the Contractor does not seek approval as described above, one of the standards named shall be used.

BASIS OF CONTRACT AWARD

The Contract will be awarded to the lowest amount total lump sum Base Bid as indicated on bid form by the lowest responsive, qualified and responsible Bidder (N.J.S.A. 40A:11-16(c)) whose qualifications and bid responsiveness conforms in all material respects to the terms, conditions, specification and legal requirements of this Invitation to Bid.

A Bid which includes for any item a Bid Price that is abnormally low or high may be rejected as unbalanced. The Successful Bidder shall be required to comply with the provisions of New Jersey Local Public Contracts Law.

In the event of any error or inconsistency in the Bid figures, or between figures and words, the lump sum amount stated in words shall govern, and the corrected extensions and total shall govern.

AWARD OF CONTRACT

The award of the Contract will be made by the Park Commission as soon as practicable after the acceptance of bids.

The Contract will be awarded or all bids will be rejected within sixty (60) days after the opening of the bids, except that the bids of any Bidders who consent thereto, may at the request of the Park Commission, be held for consideration for such longer period as may be agreed.

CONSIDERATION OF BIDS

Each Bidder shall submit with the proposal a list of other Owners for which they have performed similar work on the Experience Work Sheets/Statement of Financial Responsibility.

No bid will be accepted from, or a Contract awarded to, any party, nor will any surety or bonding corporation be accepted as surety, who, or which, is in default upon any Contract or obligation to the state, county or to this or any other public agency. Failure of any Bidder to have completed a previous contract with the Park Commission will be evidence of irresponsibility. Failure of a bonding company to have completed or paid for completion of a previous contract, which a Contractor has failed to complete, will be evidence of a default.

Two bids from a firm, or a corporation under a different name, will not be considered. Reasonable grounds for supposing that any Bidder is interested in more than one bid for this work will be the cause of the rejection of all bids in which they have been interested. Any or all bids will be rejected if there is a reasonable ground for supposing that there is collusion among the Bidders, and all participants in such collusion will receive no further consideration for this work.

EQUAL BIDS

When two or more bids are equal in all respects, award shall be made by coin-toss which shall be witnessed by at least three (3) persons and which may be attended by the Bidders or their representatives.

AUTHORITY TO REJECT BIDS

The Park Commission may consider as informal any bid not prepared and submitted in accordance with the provisions of all the bid documents. It may waive any minor informalities in bids. The Park Commission reserves the right to reject any and all bids.

EXECUTION OF CONTRACT AND BONDS

The successful Bidder shall execute the contract and required bonds within ten (10) calendar days after the contract has been forwarded to them by the Park Commission. If the successful Bidder fails to execute and deliver the contract and bonds within said time, the Park Commission may thereupon, in its discretion, declare the bid forfeited and may either award that contract to the next lowest responsible Bidder or re-advertise that contract for new proposals, in which case the Bidder will pay, without proof of notice or demand to the Park Commission:

1. The expense of re-letting the contract; and

2. Any difference between the sum which the said Bidder would have been entitled to receive upon the completion of the contract if awarded to them and the sum which the Park Commission may be obliged to pay to the person or persons by whom the contract shall be finally executed, provided the latter sum is greater, using the same specifications as the basis for comparison.

PAYMENT AND PERFORMANCE BONDS

Within ten (10) calendar days after the receipt of Notice of Award of the Contract, the successful Bidder shall obtain, pay for, and deliver to the Park Commission a Payment and Performance Bond, each in the amount of one hundred percent (100%) of the Contract sum, in a form acceptable to the Park Commission and executed by a surety company licensed to do business in the State of New Jersey. Such bonds shall be in the form of a New Jersey statutory bond, and shall bear same date as, or dates subsequent to the date of the Contract. Said bonds shall assure the fulfillment of the Contract, in all its provisions, including any additions, deductions, or other modifications to the Contract, or full reimbursement to the Park Commission for all expenses incurred by them in making good any default. These bonds shall also contain a waiver of notice being required of alterations, additions, deductions, extension of time, or other modifications of Contract, as ordered.

Should the successful Bidder fail to provide the requisite bond within ten (10) days from the date of the Notice of Award, Saturdays, Sundays, and holidays excepted, the Park Commission may then, at its option, accept the bid of the next lowest responsible Bidder.

Surety Companies must have the minimum capital and surplus or net cash assets required, pursuant to N.J. S.A.

17:17-6 or N.J.S.A. 17:17-7, whichever is applicable at the time the Invitation to Bid was issued. All Surety Companies must complete a Surety Disclosure Statement and Certification for all payment and performance bonds, pursuant to N.J.S.A. 2A:44-143d. Other relevant laws that are called to the Bidder’s attention are N.J.S.A. 17:17- 10, 17:32-1, N.J.S.A. 40A:11-22, N.J.A.C. 11:1-41 et.seq.

TIME FOR SUBMITTING PERFORMANCE BOND AND CERTIFICATE OF INSURANCE

The performance bond and certificate of insurance shall be submitted within ten (10) calendar days of Notification of Award of this contract. Failure to submit these documents within this time may, at the discretion of the Park Commission, be a basis for rescinding the award of this contract.

POWER OF ATTORNEY

Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their Power of Attorney.

RIGHT TO TERMINATE CONTRACT

The Park Commission shall have the right to declare the Contractor in default in any of the following eventualities:

1. The Contractor becomes insolvent;

2. The Contractor makes an assignment for the benefit of creditors, pursuant to the Statutes of the State of

New Jersey or any other state;

3. A voluntary or involuntary petition in bankruptcy is filed by or against the Contractor;

4. The Contractor fails to commence work when notified to do so by the Park Commission;

5. The Contractor abandons the work;

6. The Contractor, without just cause, reduces their working force to a number which, if maintained, would be insufficient in the opinion of the Park Commission, to complete the work on the “REPLACEMENT

OF SCREW COMPRESSORS FOR CHILLER PACKAGE #1 & #2 AT AT THE WILLIAM G.

MENNEN SPORTS ARENA ” in accordance with the required time of completion deadline and shall fail or refuse to sufficiently increase such working force when ordered to do so by the Park Commission;

7. The Contractor sublets, assigns, transfers, conveys or otherwise disposes of their contract other than as herein specified;

8. A receiver or receivers are appointed to take charge of the Contractor's property or affairs;

9. The Park Commission is of the opinion that the Contractor is or has been unnecessarily, unreasonably, or willfully delaying the performance and completion of the work;

10. The Park Commission is of the opinion that the Contractor is or has been willfully or in bad faith violating any of the provisions of the contract;

11. The Park Commission is of the opinion that the Contractor is not or has not been executing the contract in good faith and in accordance with its terms;

12. The Park Commission is of the opinion that the work cannot be completed within the time herein specified or within the time to which such completion may have been extended; provided, however, that the impossibility of timely completion is, in the Park Commission's opinion, attributable to conditions within the Contractor's control;

13. The work is not completed within the time herein provided therefore or within the time to which the Contractor may be entitled to have such completion extended;

14. The Contractor separately, in the sole opinion of the Park Commission, fails to supply sufficiently skilled workmen or suitable materials or equipment;

15. The Contractor, in the sole opinion of the Park Commission, fails repeatedly to make prompt payments to subcontractors or for labor, materials, or equipment;

16. The Contractor, in the sole opinion of the Park Commission, disregards the authority of the Park Commission engineer;

17. The Contractor, in the sole opinion of the Park Commission, fails or refuses to regard laws, ordinances, regulations, and such orders as given by the Owner or Engineer/Architect with respect to the work;

18. Failure of the Contractor or Subcontractor to pay required wage rates.

Before the Park Commission shall exercise its right to declare the Contractor in default, the Contractor shall be given an opportunity to be heard by the Park Commission President or their designee on two (2) days' notice (Saturdays, Sundays and Morris County holidays excepted).

The right to declare the Contractor in default for any of the grounds specified or referred to herein shall be exercised by sending the Contractor a notice, signed by the Park Commission, setting forth the ground or grounds upon which such default is declared. Upon receipt of such notice, the Contractor shall immediately discontinue all further operations under this contract.

The Park Commission, after declaring the Contractor in default, may then enter upon and take possession of the work, or any part thereof, and by purchase of necessary materials and equipment, by and/or direct employment of labor complete the work; or the Owner may cause the work to be completed by other persons in accordance with law; or the Owner may re-advertise and re-let the uncompleted portions of the work and all expenses or financial loss to the Owner by reason of any of the above methods for completing the unfinished work shall be deducted out of monies then due, or to become due to Contractor under this Contract.

After such completion, the Park Commission shall certify the expense incurred in such completion, which shall include the cost of re-letting as well as the total amount of late completion charge (at the rate provided for herein) from the date when the work should have been completed by the Contractor in accordance with the terms hereof to the date of actual completion of the work.

Such certification shall be binding and conclusive upon the Contractor as to the amount thereof.

The expense of such completion, as so certified by the Park Commission, shall be charged against and deducted from such moneys as would have been payable to the Contractor if they had completed the work; and the balance of such moneys if any, subject to other provisions of this contract, shall be paid to the Contractor without interest after such completion. Should the expense of such completion, so certified by the Park Commission, exceed the total sum which would have been payable under this contract if the same had been completed by the Contractor, any such excess shall be paid by the Contractor to the Park Commission upon demand.

RECORD DRAWINGS

Bidders on this work are required to comply with the N.J.A.C. 7:14:2.2, wherein the contractor shall assist the Park Commission and Architect/Engineer/Architect by providing record information throughout the work and maintain accurate records for their review.

FINAL PAYMENT

Upon receipt of written notice from the Contractor that the “Lee's Marina County Park: Green Infrastructure Improvements” is completed and ready for final inspection and acceptance, the Park Commission shall promptly make such inspection. When the Park Commission finds the “Lee's Marina County Park: Green Infrastructure Improvements” acceptable, pursuant to the Contract Documents, and following receipt of a Maintenance Bond submitted by the Contractor in accordance with the Contract Documents, the Park Commission shall pay to the Contractor the entire balance found to be due to the Contractor within one hundred eighty (180) calendar days of the date of acceptance or the receipt of the Maintenance Bond, whichever is later.

ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE

The acceptance by the Contractor of final payment shall be and shall operate as a release to the Park Commission of all claims and all liabilities to the Contractor for all things done or furnished in connection with the “Lee's Marina County Park: Green Infrastructure Improvements”and for every act and neglect of the Park Commission and others relating to or arising out of this contract. No payment, however, final or otherwise, shall operate to release the Contractor or their sureties from any obligations under this contract or the performance bond. The acceptance of final payment should in no way void any warranties that are part of this scope of work.

DATE OF ACCEPTANCE

The date of acceptance shall be the date upon which the Park Commission makes the final payment to the Contractor hereunder.

MAINTENANCE BOND

The Contractor, as part of the performance of this Contract, shall furnish and deliver to the Park Commission a Maintenance Bond in the amount of twenty percent (20%) of the Contract price and held in force for a period of one year from the date of the final payment from the Park Commission to the Contractor.

Said Bond shall be with a Corporate Surety approved by the Park Commission and shall be in a form acceptable to the Park Commission, and must stipulate that any change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed there under or in the specifications accompanying same shall not affect the Surety’s obligation for the bond, and must further provide for a waiver of notice of same.

EXTENSION OF TIME

The Contract time may only be changed by a written Change Order issued by the Park Commission. No change shall be made in the time to complete the Contract except as provided in the Contract Documents.

INDEMNIFICATION

The Contractor/Vendor shall indemnify and hold harmless the Park Commission, its commissioners, officers, employees, agents and servants, and the County of Morris, their employees, agents, and servants from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees (including attorneys’ fees or other expenses or liabilities including the investigation and defense of any claims), arising out of or resulting from the performance of the Contractor/Vendor’s work or the completed operations provided that any such claim, damage, loss, or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury or to destruction of tangible property including the loss of the use resulting therefrom, and (b) is caused in whole or in part by any negligent act or omission of the Contractor/Vendor, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable (including a claim by an employee of the Contractor/Vendor) regardless of whether it is caused in part by a party indemnified hereunder.

In any and all claims against the Park Commission, its commissioners, officers, employees, agents and servants, and the County of Morris, their employees, agents and servants by any employees of the Contractor/Vendor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor/Vendor under worker’s compensation acts, disability benefit acts or other employee benefit acts.

AMERICAN GOODS AND PRODUCTS TO BE USED

In accordance with N.J.S.A. 40A:11-18, only manufactured products of the United States, wherever available, shall be used for the work to be performed under this contract.

INITIAL PROJECT WORKFORCE REPORT

The successful Bidder, within three (3) days of the Notice of Award of the Construction Contract, shall be required to submit an Initial Project Workforce Report (Form AA-201) to the Park Commission and the New Jersey Department of Labor and Workforce Development, consisting of forms downloaded electronically from t h e following website address: http://www.state.nj.us/treasury/contract_compliance.

CONSTRUCTION SAFETY ACT

The Contractor and/or subcontractors shall at all times comply with the latest applicable State laws pertaining to Safety of Workers in the construction field. The Contractor and/or subcontractors shall adhere to the Construction Safety Act, P.L. 1962, Ch. 45 (N.J.S.A. 34:5-166 et seq.).

The contractor shall have complete responsibility for safety.

http://www.state.nj.us/treasury/contract_compliance

CONFLICTS OF LAWS PROVISION

By the submission of a bid in this matter, Bidder agrees (a) that the law of the State of New Jersey shall be the operative law in this bid and in any subsequent contract or related matters; and (b) that the Bidder submits to the jurisdiction of the courts of the State of New Jersey as to any claims or disputes arising out of this bid or any subsequent contract based on this bid. This provision shall govern in spite of language to the contrary in any submitted bid, supporting documentation or contract language submitted with or subsequent to the bid.

BUSINESS REGISTRATION CERTIFICATE

It is requested that all Bidders and subcontractors submit with their bid a copy of the New Jersey Business Registration Certificate (BRC) issued by the New Jersey Department of Treasury/Division of Revenue. Information on obtaining a Business Registration Certificate is available at www.state.nj.us/treasury/revenue/busregcert.shtml or by phone at 609-292-1730. Bidders and Subcontractors must possess a Business Registration Certificate at the time the bid proposal is submitted. After bid proposals are received and prior to award of contract, the successful contractor(s) must submit a copy of their Business Registration Certificate along with those of all listed subcontractors if Certificate is not submitted with the bid.

Failure to possess a Business Registration Certificate at the time the bid proposal is submitted shall render the bid null and void and unresponsive. Such a bid will not be considered. Pursuant to N.J.S.A. 54:49-4.1, a business organization that fails to provide a copy of a business registration as required, or that provides false business registration information, shall be liable for a penalty of $25 for each day of violation, not to exceed $50,000, for each proof of business registration not properly provided under a contract with a contracting agency.

Before final payment on the contract is made by the contracting agency, the Contractor shall submit an accurate list and the proof of business registration of each subcontractor or supplier used in the fulfillment of the contract, or shall attest that no subcontractors were used. Contractor shall submit subcontractors’ business registration certificate to Owner/ Engineer/Architect prior to executing subcontract with any subcontractor/vendor who knowingly supplied goods or services to a public agency if the value is greater than 15 percent of the Owner’s Bid threshold.

For the term of the contract, the Contractor and each of its affiliates and a subcontractor and each of its affiliates (N.J.S.A. 52:32-44(g)(3) shall collect and remit to the Director, New Jersey Division of Taxation, the use tax due pursuant to the Sales and Use Tax Act on all sales of tangible personal property is intended for a contract with a contracting agency.

A business organization that fails to provide a copy of its business registration as required pursuant to section 1 of P.L. 2001, c.134 (C.52:32-44 et al.) or subsection e. or f. of section 92 of P.L. 1977, c.110 (C5:12-92), or that provides false business registration information under the requirements of either of those sections, shall have its Bid rejected and/or be liable for a penalty of $25 for each day of violation, not to exceed $50,000 for each business registration copy not properly provided under a contract with a contracting agency.

If you have not submitted a copy of your Business Registration Certificate with your bid, in the space provided below, please provide Contractor Name and Subcontractor(s) Name (if applicable), Issuance Date and Certificate (Sequence) Number located on the Certificate, so that possession of the Certificate at time of bid submittal can be verified.

NAMED CONTRACTORS AND SUBCONTRACTORS ISSUANCE

DATE

CERTIFICATE

NUMBER

http://www.state.nj.us/treasury/revenue/busregcert.shtml

48. AFFIRMATIVE ACTION

REQUIREMENTS EXHIBIT B

MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE

N.J.S.A. 10:5-31 and N.J.A.C. 17:27

CONSTRUCTION CONTRACTS

1. After notification of award, but prior to signing a construction contract, the contractor shall submit to the public agency compliance officer and the Department an initial project workforce report (Form AA201) electronically provided to the public agency by the Department, through its website, for distribution to and completion by the contractor, in accordance with N.J.A.C. 17:27-7.

2. During the performance of this contract, the contractor agrees as follows:

(a) The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality, or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that all employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality, or sex. Such equal employment opportunity shall include, but not be limited to, the following:

employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the public agency compliance officer setting forth provisions of this nondiscrimination clause;

(b) The contractor or subcontractor, where applicable will, in all…