General Terms and Conditions

Bergen County Utilities Authority Please review the general requirements which apply to all procurements issued on this system. Failure to agree to the terms may be cause for rejection of your submission.

1.1.1

1. BRAND NAMES, STANDARDS OF QUALITY, PATENTS (N.J.A.C. 5:34-9.2(c) and N.J.S.A. 40A:11-13) A. Only manufactured and farm products of the United States, wherever available, shall be used on this contract in accordance with prevailing Statutes.

B. Brand names and/or descriptions used in this bid are to acquaint bidders with the type of commodity desired and will be used as a standard by which alternate or competitive materials offered will be judged. Competitive items must better than or equal to the standard described and be of the same quality of work. Variations between materials described and the materials offered are to be fully explained by the bidder on a separate sheet and submitted with the proposal form. Vendor's literature will not suffice in explaining exceptions to these specifications. In the absence of any changes by the bidder, it will be presumed and required that materials as described in the proposal be delivered.

C. It is the responsibility of the bidder to demonstrate the equivalency of item(s) offered D. The contractor shall hold and save harmless the Bergen County Utilities Authority (Hereafter referred to as “Local Unit or “Owner”), its officers, agents, servants, and employees, from the liability of any nature and kind for on account of the use of any copyrighted or copyrighted composition, secret process, patented or unpatented invention or article furnished or used in the performance of this contract.

E. Wherever practical and economical to the Local Unit, it is desired that recycled or recyclable products be provided. Please indicate when recycled products are being offered.

1.1.2

AWARD OF BID

A. The Local Unit reserves the right to accept or reject any or all bids, to waive minor identified irregularities and technicalities, and to award in whole or in part to the lowest responsible bidder, as allowed under applicable laws. Without limiting the generality of the foregoing, any bid which is incomplete, obscure, or irregular shall be rejected, any bid having erasures or corrections in the price sheet may be rejected; any bid in which unit prices are omitted, or in which unit/total prices are unbalanced, may be rejected; any bid accompanied by any insufficient or irregular certified check, cashier's check or bid bond may be rejected.

B. The Local Unit further reserves the right to award each item separately to the lowest responsible bidder meeting specifications or to make an award based on the total bid to the bidder whose total sum is the low bid meeting the specifications, whichever in the awarding authorities' opinion is in the best interest of the Local Unit. Without limiting the generality of the foregoing, the Local Unit reserves the right to award a contract based on either option that may be described in the bid proposal or based on any combination thereof.

C. The Local Unit reserves the right to award equal or tie bids at the Local Unit's discretion to any one of the tie bidders.

D. Should the bidder, to whom the contract is awarded, fail to enter into a contract, the Local Unit may then, at its option, accept the bid of the next lowest responsible bidder.

E. The effective period of this contract will be two years unless otherwise noted in the specifications. Continuation of the terms of this contract beyond the fiscal year is contingent on availability of funds in the following year's budget. In the event of unavailability of such funds, the Local Unit reserves the right to cancel this contract.

F. Government entities are not private business/consumer clients; therefore, separate company agreements will not be honored. Terms of the specifications/bid package prevail unless otherwise noted by the vendor as exceptions at the time of proposal.

G. In the case of default by the bidder or contractor, the Local Unit may procure the articles or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned thereby.

1.1.3

NON-DISCRIMINATION

A. There shall be no discrimination against any employee engaged in the work required to produce the commodities covered by any contract resulting from this bid, or against any applicant to such employment because of race, religion, sex, national origin, creed, color, ancestry, age, marital status, affectional or sexual orientation, familial status, liability for service in the Armed Forces of the Unites States, or nationality. This provision shall include, but not be limited to the following: employment upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The contractor shall insert a similar provision in all subcontracts for services to be covered by any contract resulting from this bid.

1.1.4

MANDATORY EEO/AFFIRMATIVE ACTION EVIDENCE

A. No firm may be issued a contract unless they comply with the EEO/AFFIRMATIVE ACTION REGULATIONS of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 et seq. as amended from time to time, and the AMERICANS WITH DISABILITIES ACT 42 U.S.C. 12101.

B. Procurement, Professional and Service Contracts I. ALL successful vendors must submit prior to an award of the contract one of the following:

1. A photocopy of their Federal Letter of Affirmative Action Plan Approval, or

2. A photocopy of their State Certificate of Employee Information Report, or

3. A photocopy of completed Affirmative Action Employee Information Report; AA302 – Available online at www.state.nj.us/treasury/contract_compliance C. Construction Contracts I. All successful contractors must submit prior to signing of the contracts an Initial Project Manning Report (AA201-available online at www.state.nj.us/treasury/contract_compliance for any contract award that meets or exceeds the bidding threshold.

II. All successful contractors must submit a copy of the Monthly Project Workforce Re-port, Form AA-202 (http://www.state.nj.us/treasury/contract_compliance/pdf/pa.pdf Attachment 8) once a month thereafter for the duration of the contract to the Dept. of LWD and to the Public Agency Compliance Officer within the Division of Purchasing.

1.1.5

NEW JERSEY RIGHT TO KNOW (NJRTK)

A. All direct use containers shall bear a label indicating the chemical name(s) and Chemical Abstracts Service number(s) of all hazardous substances in the container, and all other substances which are among the five most predominant substances in the container, or their trade secret registry number(s). (N.J.A.C. 8:59-5.1 et seq.) or adhere to the requirements of The Globally Harmonized System of Classification and Labeling of Chemicals (GHS) and the US Occupational Safety and Health Administration (OSHA) Hazard Communication Standard (HCS) as outlined in the Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations as adopted in final rule by DEPARTMENT OF LABOR, Occupational Safety and Health Administration, 29 CFR Parts 1910, 1915, and 1926, {Docket No. OSHA-H022K-2006-0062, (formerly Docket No. H022K)}, RIN 1218-AC20, Hazard Communication.

1.1.6

ACQUISITION, MERGE, SALE AND/OR TRANSFER OF BUSINESS, ETC

A. It is understood by all parties that if, during the life of the contract, the contractor disposes of his/her business concern by acquisition, merger, sale and/or transfer or by any means convey his/her interest(s) to another party, all obligations are transferred to that new party. In this event, the new owner(s) of the contractor will be required to submit, when required, a performance bond in the amount of the open balance of the contract.

1.1.7

PAYMENT

A. Payment will be made after a properly executed Owner’s voucher has been received and formally approved on the voucher list by the local unit governing body at its subsequent regular meeting. The voucher will be certified correct by the department/division head who received the goods or services. Payment shall be made pursuant to N.J.S.A 2A:30A-1.

1.1.8

TERMINATION

A. DEFAULT - Non-performance of the Contractor in terms of the specifications and/or the terms and conditions of this Agreement shall be an Event of Default and the basis for termination of the contract by the Authority. The Authority may terminate the contract upon 30 days' written notice to the Contractor. The Authority shall not pay for any services and/or materials which are unsatisfactory. Upon receipt of such termination notice, the Contractor shall be allowed seven (7) calendar days to cure the Default. This, however, shall in no way be construed as negating the basis for termination for non-performance.

B. UNCONDITIONAL TERMINATION FOR CONVENIENCE - The Authority may terminate the resultant contact for convenience by providing sixty (60) calendar days advance notice to the contractor.

C. FINANCIAL STATUS OF CONTRACTOR - If the Contractor should be adjudged bankrupt or should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, the Authority may terminate this contract and shall give the Contractor fifteen (15) calendar days' written notice. Upon receipt of such termination notice, the Contractor shall be allowed seven (7) calendar days to cure such events.

1.1.9

INDEMNIFICATION

A. The Contractor agrees to indemnify, defend and save harmless the local unit, its officers, agents and employees, hereinafter referred to as indemnitees, from all suits, including attorneys' fees and costs of litigation, actions, loss, damage, expense, cost of claims, of any character or on account of any act, claim or amount arising or recovered under Workers Compensation law, or arising out of failure of the Contractor or those acting under Contractor to conform to any statutes, ordinances, regulations, law or court decree. It is the intent of the parties to this contract that the indemnitees shall, in all instances, except for loss or damage resulting from the sole negligence of the indemnitee, be indemnified against all liability, loss or damage of any nature whatsoever.

1.1.10

ADDITIONS / DELETIONS OF SERVICE

A. The local unit reserves the right to add and/or delete services to this contract. Should a service requirement be deleted, payment to the Contractor will be reduced proportionally to the amount of service deleted in accordance with the bid price. Should additional services be required, payment to the Contractor will be increased proportionally to the amount of service added in accordance with the bid price subject to adequate and properly authorized appropriation of funds.

1.1.11 Vendor's literature and/or pricing sheets will not be accepted in lieu of completing the proposal blank(s) set forth in these specifications, unless specified or called for by the technical specification.

1.1.12

SPECIFICATIONS

A. Any prospective bidder who wishes to challenge a bid specification shall file such challenges in writing with the contracting agent no less than three 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 contract.

1.1.13

OWNERSHIP OF MATERIAL

A. The Owner shall retain all of its rights and interest in any and all documents and property both hard copy and digital furnished by the Owner to the contractor for the purpose of assisting the Contractor in its response to this bid and/or in its performance of this contract. All such items shall be returned immediately to the Owner at the expiration or termination of the contract or completion of any related services, pursuant thereto, whichever comes first. None of the documents and/or property shall, without the written consent of the Owner, be disclosed to others or used by the contractor or permitted by the contractor to be used by their parties at any time except in the performance of the resulting contract.

B. Ownership of all data, materials and documentation originated and prepared for the Owner pursuant to this contract shall belong exclusively to the Owner. All data, reports, computerized information, programs and materials related to this project shall be delivered to and become the property of the Owner upon completion of the project. The contractor shall not have the right to use, sell, or disclose the total of the interim or final work products, or make available to third parties, without the prior written consent of the Owner. All information supplied to the Owner may be required to be supplied on CD-ROM or equivalent media compatible with the Owner's computer operating system, windows based, Microsoft Office Suite 2000 or later.

1.1.14 AMENDMENTS TO N.J.S.A. 2C:21-33 et. seq. "TRUTH IN CONTRACTING" A. New provisions of law govern false claims and representations. It is a serious crime for a vendor to knowingly submit a false claim and/or knowingly make material misrepresentations. There are enhanced penalties for areas of false claims, bid rigging and bribery, gratuities and gifts, and conflicts of interest. Please consult the statutes for further information.

1.1.15 "PAY TO PLAY" NOTICE OF DISCLOSURE REQUIREMENT – PL 2005, Chapter 271, Section 3 Reporting (NJSA 19:44A – 20.27) A. Any business entity that has received $50,000 or more in contracts from government entities in a calendar year is required to file an annual disclosure report with ELEC. The instructions and form are available on the ELEC website.

B. Annual Disclosures require submission by March 30th of each year covering contracts and contributions for the prior calendar year.

C. At minimum, a list of all business entities that file an annual disclosure report will be listed on ELEC's website at www.elec.state.nj.us.

D. If you have any questions please contact ELEC at: 1-888-313-ELEC(3532) or 609-292-8700 1.1.16

NON-ALLOCATION OF FUNDING TERMINATION

A. Each fiscal year's 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 Contractor hereunder, whether in whole or in part, the Owner at the end of any particular fiscal year may terminate said contract. 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 this Agreement or any service thereunder, during the term, merely in order to acquire identical services from a third party contractor.

1.1.17

NON-PAYMENT OF PENALTIES AND INTEREST ON OVERDUE BILLS

A. Public funds may be used to pay only for goods delivered or services rendered. The Local Unit will not pay penalties and/or interest on overdue bills. No employee is authorized to sign a letter of credit or any other document that represents a legal commitment on the part of the Local Unit to pay additional fees, penalties, or interests.

1.1.18

FIRM FIXED CONTRACT

A. This is a firm fixed contract, prices firm, FOB local unit's locations. No price escalation is authorized under this contact without written confirmation by the contracting agent. The vendor shall, at the local unit's request, void the contract and permit the Local Unit to solicit open market pricing should the imposition of any price increase or surcharge become necessary by the vendor.

1.1.19 HIPAA (If Applicable) A. Both parties agree to comply with all requirements of the Federal Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), as may be amended from time to time, and the corresponding HIPAA regulations for the confidentiality and security of medical information.

B. The Contractor shall:

I. Not use or disclose protected health information other than as permitted or required by law.

II. Use appropriate safeguards to protect the confidentiality of the information.

III. Report any use or disclosure not permitted.

C. The contractor, by execution of the contract, shall thereby indemnify and hold the Authority harmless from any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the failure of the contractor to comply with the requirements of the Health Insurance Portability and Accountability Act (HIPAA) or any other statute or case law protecting the privacy of persons using its services.

1.1.20

PUBLIC EMERGENCY

A. In the event of a Public Emergency declared at the Local, State or Federal Level, if the local unit opts to extend terms and conditions of this bid, the contractor agrees to extend the terms and conditions of this bid, whether existing, expiring or expired no longer than six months, for the goods and/or services described under this bid for the duration of the emergency. In the event the original contractor cannot meet this requirement, the local unit may solicit the goods and/or services from any other bidder to this Bid.

1.1.21

N.J.A.C. 17:44-2.2 AUTHORITY TO AUDIT OR REVIEW CONTRACT RECORDS

A. Relevant records of private vendors or other persons entering into contracts with covered entities are subject to audit or review by the Office of the State Comptroller pursuant to N.J.S.A. 52:15C-14(d) B. The successful bidder shall maintain all documentation related to products, transactions, or services under this contract for a period of five years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon request.

1.1.22 New Jersey Sales Tax A. In submission of this Bid, the Bidder certifies that the total Bid set forth, does not include any New Jersey Sales Tax. The Bidder further certifies that in the event the bidder is the successful Bidder, he will only apply for an exemption for materials or supplies to be used in connection with his Bid.

B. Contractor's Exemption Purchase Certification, Form, ST-13, issued by the State of New Jersey, Division of Taxation, Sales Tax Bureau shall be completed and presented to his suppliers for materials on this project only. Every local unit utilizing this system is exempted from sales and use tax.

1.1.23 P.L. 2018, c.9 (S104): Diane B. Allen Equal Pay Act, effective July 1, 2018, modifies the current law including the Law Against Discrimination (LAD) to strengthen protections against employment discrimination and promote equal pay for all groups protected under the LAD. Pursuant to the law, any employer, regardless of the location of the employer, who enters into a contract with a public body to provide qualifying services to the public body shall provide a report to the Commissioner of Labor and Workforce Development of information regarding the compensation and hours worked by employees categorized by gender, race, ethnicity, and job category. Any employer, regardless of the location of the employer, who enters into a contract with a public body to perform any public work for the public body shall provide to the commissioner, through certified payroll records, information regarding the gender, race, job title, occupational category, and rate of total compensation of every employee of the employer employed in the State in connection with the contract. Evidence of filing shall be required at time of contracting.

1.1.24

INTERPRETATIONS AND ADDENDA

A. The bidder understands and agrees that its bid is submitted on the basis of the specifications prepared by the Soliciting Local Unit. The bidder accepts the obligation to become familiar with these specifications.

B. Bidders are expected to examine the specifications and related documents with care and observe all their requirements. Ambiguities, errors or omissions noted by bidders should be promptly reported in writing to the Purchasing Agent. In the event the bidder fails to notify the Soliciting Local Unit of such ambiguities, errors or omissions, the bidder shall be bound by the bid.

C. No oral interpretation of the meaning of the specifications will be made to any bidder. Every request for an interpretation must be received at least ten (10) days prior to the date fixed for the opening of the bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications, and will be distributed to all prospective bidders, in accordance with Statute. All addenda so issued shall become part of the contract documents, and shall be acknowledged by the bidder in the bid. The Soliciting Local Unit's interpretations or corrections thereof shall be final.

D. If the amount shown in words and its equivalent figures do not agree, the written words shall be binding. Ditto marks are not considered writing or printing and shall not be used.

E. In the event that there is a discrepancy between the unit prices and the extended totals, the unit prices shall prevail. In the event there is an error of the summation of the extended totals, the computation by the Soliciting Local Unit of the extended totals shall govern.

1.1.25 I have read the following:

AMERICANS WITH DISABILITIES ACT OF 1990

Equal Opportunity for Individuals with Disability The contractor and the Bergen County Utilities Authority, (hereafter "Owner" or same) do hereby agree that the provisions of Title 11 of the Americans With Disabilities Act of 1990 (the ""Act"") (42 U.S.C. S121 01 et seq.), which prohibits discrimination on the basis of disability by public entities in all services, programs, and activities provided or made available by public entities, and the rules and regulations promulgated pursuant there unto, are made a part of this contract. In providing any aid, benefit, or service on behalf of the Owner pursuant to this contract, the contractor agrees that the performance shall be in strict compliance with the Act. In the event that the contractor, its agents, servants, employees, or subcontractors violate or are alleged to have violated the Act during the performance of this contract, the contractor shall defend the Owner in any action or administrative proceeding commenced pursuant to this Act. The contractor shall indemnify, protect, and save harmless the Owner, its agents, servants, and employees from and against any and all suits, claims, losses, demands, or damages, of whatever kind or nature arising out of or claimed to arise out of the alleged violation. The contractor shall, at its own expense, appear, defend, and pay any and all charges for legal services and any and all costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith. In any and all complaints brought pursuant to the Owner's grievance procedure, the contractor agrees to abide by any decision of the Owner which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the Owner, or if the Owner incurs any expense to cure a violation of the ADA which has been brought pursuant to its grievance procedure, the contractor shall satisfy and discharge the same at its own expense.

The Owner shall, as soon as practicable after a claim has been made against it, give written notice thereof to the contractor along with full and complete particulars of the claim, If any action or administrative proceeding is brought against the Owner or any of its agents, servants, and employees, the Owner shall expeditiously forward or have forwarded to the contractor every demand, complaint, notice, summons, pleading, or other process received by the Owner or its representatives.

It is expressly agreed and understood that any approval by the Owner of the services provided by the contractor pursuant to this contract will not relieve the contractor of the obligation to comply with the Act and to defend, indemnify, protect, and save harmless the Owner pursuant to this paragraph.

It is further agreed and understood that the Owner assumes no obligation to indemnify or save harmless the contractor, its agents, servants, employees and subcontractors for any claim which may arise out of their performance of this Agreement. Furthermore, the contractor expressly understands and agrees that the provisions of this indemnification clause shall in no way limit the contractor's obligations assumed in this Agreement, nor shall they be construed to relieve the contractor from any liability, nor preclude the Owner from taking any other actions available to it under any other provisions of the Agreement or otherwise at law.

1.1.26

BID SECURITY

The following provisions, shall be applicable to this bid and be made a part of the bidding documents.

A. BID GUARANTEE

I. Bidder shall submit with the bid a certified check, cashier's check or bid bond in the amount of ten percent (10%) of the total price bid, but not in excess of $20,000, payable unconditionally to the Bergen County Utilities Authority.

II. When submitting a Bid Bond, it shall contain Power of Attorney for full amount of Bid Bond from a surety company authorized to do business in the State of New Jersey and acceptable to the Authority.

III. The check or bond of the unsuccessful bidder(s) shall be returned as prescribed by law. The check or bond of the bidder to whom the contract is awarded shall be retained until a contract is executed and the required performance bond or other security is submitted.

IV. The check or bond of the successful bidder shall be forfeited if the bidder fails to enter into a contract pursuant to statute. Failure to submit required guarantee shall be cause for rejection of the bid.

1.1.27

CONSENT OF SURETY

I. Bidder shall submit with the bid 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 Authority stating that it will provide said bidder with a Performance Bond in the full amount of the bid. This certificate shall be obtained in order to confirm that the bidder to whom the contract is awarded will furnish Performance and Payment bonds from a surety company as defined in N.J.S.A. 2A:44-143 & 144, on behalf of said bidder, any or all subcontractors or by each respective subcontractor or by any combination thereof which results in performance security equal to the total amount of the contract, pursuant to statute. Conditional bonds only covering the difference between the winning bid and the next lowest bid shall be rejected.

II. Failure to submit this shall be cause for rejection of the bid.

III. The State of New Jersey has published a consolidated listing of acceptable companies to provide payment and/or performance bonds on public works http://www.state.nj.us/dobi/division_insurance/surety.htm 1.1.28

PERFORMANCE BOND

I. Successful bidder shall simultaneously with the delivery of the executed contract, submit an executed bond in the amount of one hundred percent (100%) of the awarded contract amount of the bid as security for the faithful performance of this contract.

1.1.29

NEW JERSEY PREVAILING WAGE ACT

A. Pursuant to NJSA 34:11-56.25 et seq., contractors on projects for public work shall adhere to all requirements of the New Jersey Prevailing Wage Act. The contractor shall be required to submit a certified payroll record to the Owner within ten (10) days of the payment of the wages. The contractor is also responsible for obtaining and submitting all subcontractors' certified payroll records within the aforementioned time period. The contractor shall submit said certified payrolls in the form set forth in NJAC 12:60-6.1(c). It is the contractor's responsibility to obtain any additional copies of the certified payroll form to be submitted by contacting the New Jersey Department of Labor and Workforce Development, Division of Workplace Standards. Additional information is available at http://lwd.dol.state.nj.us/labor/wagehour/wagerate/pwr_construction.html B. To the extent allowable by law the soliciting Local Unit, its agents and employees may at any time conduct an interview with any employee of the Contractor or the Contractors Subcontractors to ensure compliance that employees are being paid not less than the prevailing wage rate for their classification. Furthermore, no worker shall be paid less than the prevailing wage for services on this contract, and if the contractor or subcontractor are found to have paid any worker less than the prevailing wage the Authority has the right to terminate the contract or sub contract and seek damages.

C. As of July 1st 2019 the NJ Prevailing Wage Threshold is $16,263.00 for a Municipal Government and $2,000 for all other units of government including Counties, Authorities, Schools and more.

1.1.30

THE PUBLIC WORKS CONTRACTORS REGISTRATION ACT

A. NJSA 34:11-56.48 et seq. requires that a general or prime contractor and any listed subcontractors named in the contractor's bid proposal shall be registered at the time the bid proposal is submitted. After bid proposals are received and prior to award of contract, the successful contractor shall submit a copy of the contractor's certification along with those of all listed subcontractors. All non-listed subcontractors and lower tier sub-subcontractors shall be registered prior to starting work on the project. It is the general contractor's responsibility that all non-listed sub-contractors at any tier have their certificate prior to starting work on the job.

B. Under the law a "contractor" is "a person, partnership, association, joint stock company, trust, corporation or other legal business entity or successor thereof who enters into a contract" which is subject to the provisions of the New Jersey Prevailing Wage Act (NJSA 34:11-56.25 et seq.). It applies to contractors based in New Jersey or in another state.

C. The law defines "public works projects" as contract for "public work" as defined in the Prevailing Wage statute (NJSA 34:11-56.25(5)). The term means:

I. "Construction, reconstruction, demolition, alteration, or repair work, or maintenance work, including painting and decorating, done under contract and paid for in whole or in part out of the funds of a public body, except work performed under a rehabilitation program.

II. "Public Work" shall also mean construction, reconstruction, demolition, alteration, or repair work, done on any property or premises, whether or not the work is paid for from public funds..."

III. "Maintenance work" means the repair of existing facilities when the size, type or extent of such facilities is not thereby changed or increased. While "maintenance" includes painting and decorating and is covered under the law, it does not include work such as routine landscape maintenance or janitorial services.

D. To register, a contractor must provide the State Department of labor with a full and accurately completed application form. The form is available online at www.state.nj.us/labor/lsse/lspubcon.html. NJSA 34:11-56.55 specifically prohibits accepting applications for registration as a substitute for a certificate or registration.

1.1.31

EXAMINATION OF SITE AND CONTRACT DOCUMENTS

A. Prior to submitting a Bid, the Bidder shall:

I. Carefully examine the Drawings and read the Specifications.

II. Visit the site of the proposed work, fully acquaint and familiarize themselves with the conditions as they exist and the character of the operations to be carried out under the proposed Contract, and make such investigation as the Bidder may see fit so that it shall fully understand the facilities, difficulties, and restrictions accompanying the work under this Contract.

III. Bring to the attention of the Architect and Construction Manager, if applicable, any variations in the Contract Documents and the actual site conditions that would affect the Bid. Any such variations shall be reported to the Architect and Construction Manager, if applicable, by the RFI deadline noted in the Notice To Bidders to allow sufficient time to correct such variations by Addenda, if necessary.

B. To bring into perspective all the above items, it is important that all Bidders attend a Pre-Bid Conference as noted in the Notice to Bidders.

C. Should the Bidder observe that any of the Contract Documents are at variance with applicable laws, statutes, building codes or regulations in any respect, the Bidder shall promptly notify the Architect in writing and any necessary changes to the Contract Documents shall be accomplished by appropriate modification. If the Bidder submits a Bid without first bringing such variance to the attention of the Architect the Bidder shall assume full responsibility and shall bear all costs attributable thereto if awarded the Contract.

D. In submitting a Bid, the Bidder covenants that it has carefully examined the Contract Documents, Addenda, if any, and the Site. As a result of such examination the Bidder fully understands the intent and purpose of the Contract Documents and the Bidder's obligations thereunder, and agrees that no Bidder will make claim for, or have any right to damages, because of the lack of any information.

1.1.32 N.J.S.A. 40A:11-16.6 Value engineering change orders A. All construction contracts issued by a contracting unit when the total price of the originally awarded contract equals or exceeds $5,000,000, shall allow for value engineering construction change orders to be approved after the award of the contract.

B. Value engineering construction change orders shall be subject to the following provisions:

I. Value engineering construction change orders shall not be used to impair any of the essential functions, or characteristics of the project, or any portion of the work involved.

II. The contractor shall submit a value engineering construction proposal that completely describes the changes to the original specifications or proposal, impact on other project components, advantages and disadvantages of the proposed change, cost estimates and calculations on which they are based, any impact on the contract time schedule, and any other relevant information that the contracting unit may require in order to review the value engineering construction proposal. The contractor's cost for developing the value engineering construction proposal shall not be eligible for reimbursement by the contracting unit.

III. The contractor shall be liable for all reasonable costs incurred by the contracting unit for the technical evaluation and engineering review of a value engineering construction proposal presented by the contractor.

IV. The contracting unit's engineer/Architect shall prepare a written report for the governing body that shall evaluate the value engineering construction proposal, make a recommendation on whether or not it should be accepted, rejected, or modified, and state to the contracting unit and contractor the amount of any projected cost savings.

V. The proposal shall not be approved unless the engineer reports to the governing body that the proposal appears consistent with the required performance, quality, reliability, and safety of the project and does not impair any of the essential functions, or characteristics of the project, or any portion of the work involved.

VI. The contracting unit shall have the sole discretion to approve or disapprove a value engineering construction proposal.

VII. The contractor and the contracting unit shall equally share in the cost savings generated on the contract as a result of an approved value engineering construction change order. Once the project is completed, the contracting unit's engineer shall verify the cost savings to reflect the actual cost of the work, and such verified cost saving shall be the basis for the savings shared equally with the contractor.

VIII. The contractor shall have no claim against the contracting unit as a result of the contracting unit's disapproval of a value engineering construction proposal.

IX. A value engineering-based change order shall be clearly identified as such and submitted to the Owner, Construction Manager and Architect as soon as practical.

1.1.33 N.J.S.A. 40A:11-16.7 Differing Site Conditions A. N.J.S.A. 40A:11-67 shall govern a change in site conditions for all construction contracts issued by the Bergen County Utilities Authority.

B. In accordance with N.J.S.A. 40A:11-67 (d.4) the Bergen County Utilities Authority has set a limitation of 2.5% for both profit and overhead as applicable for quantities above 120% of the original bid.

1.1.34 Laws, Ordinances, Codes and Regulations All ""work"" to be provided for this project shall conform to the following and subsequent revisions thereto:

A. State Uniform Construction Code Act (N.J.S.A. 52:27D-119 et seq.), the Uniform Construction Code and all applicable Subcodes thereof.

B. All applicable published communications by the Department of Community Affairs (DCA) including but not limited to the following:

I. DCA Interpretations II. DCA Formal Technical Opinions III. DCA Bulletins IV. Related Regulations V. Miscellaneous C. Americans with Disabilities Act of 1990 - 42 U.S.C. 12101.

D. The Specifications make reference to certain laws, ordinances, codes and regulations, whether they be by Federal, State, County and/or Municipal Governments. This is done to alert those involved with the Project of unique requirements that pertain to Authority government building construction work. This is not intended as a limitation of the Contractor's responsibility to comply with any and all other Federal, State and Local building codes and ordinances that relate to this project.

1.1.35 Guarantee A. All Contractors shall guarantee their labor and all materials for a period of two years unless stipulated for a longer term in the specifications from the date of Substantial Completion, unless otherwise specified in writing and approved by the Local Unit and Contractor.

1.1.36 Mandatory anti-discrimination language required by N.J.S.A. 10:2-1.

The contractor agrees that:

a. In the hiring of persons for the performance of work under this contract or any subcontract hereunder, or for the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under this contract, no contractor, nor any person acting on behalf of such contractor or subcontractor, shall, by reason of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex, discriminate against any person who is qualified and available to perform the work to which the employment relates;

b. No contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee engaged in the performance of work under this contract or any subcontract hereunder, or engaged in the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under such contract, on account of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex;

c. There may be deducted from the amount payable to the contractor by the contracting public agency, under this contract, a penalty of $50.00 for each person for each calendar day during which such person is discriminated against or intimidated in violation of the provisions of the contract; and

d. This contract may be cancelled or terminated by the contracting public agency, and all money due or to become due hereunder may be forfeited, for any violation of this section of the contract occurring after notice to the contractor from the contracting public agency of any prior violation of this section of the contract.

Basic Insurance Requirements 1.2.1 Do you affirm that your firm can and will provide the minimum level of coverage as stated below?

a. The insurance to be provided shall be underwritten by a company licensed to do business in New Jersey.

b. Comprehensive General Liability insurance in an amount no less than $1,000,000.00 combined single limit including broad form comprehensive general liability endorsement, and shall include provisions for thirty (30) days written notice of cancellation and/or modification of coverage. The Bergen County Utilities Authority shall be included as an additional insured.

c. Comprehensive General Automobile Liability insurance in an amount no less than $1,000,000.00 combined single limit covering owned, hired, and non-owned autos, and shall include provisions for thirty (30) days written notice of cancellation and/or modification of coverage. The Bergen County Utilities Authority shall be included as an additional insured.

d. Worker's Compensation Insurance in the statutory limits including Employer's Liability in an amount no less than $500,000.00.

e. All policies maintained shall hereby name the Bergen County Utilities Authority as an additional insured and shall provide for thirty (30) days written notice to the Authority of cancellation and/or modifications of such policies and we shall provide the such policies and provisions.

f. All required insurance coverages must be in effect no later than 12:01 a.m. at the start of the day of the contract and remain in effect for the duration of the contract, including any extensions.

These are the standard terms and conditions that apply to solicitations issued by and accepted by the local units utilizing the Bergen County Euna Procurement portal. These may be supplemented and amended by additional documents specific to the procurement being solicited. I have read through and agree to the General Requirements:

Signature: ________________________________________________ Name: ___________________________________________________ Date: ____________________________________________________ Name of Company: _________________________________________ Solicitation Reference Number: __________________________ image1.png