7-INSTRUCTIONS TO BIDDERS NBCUA 25-003 FINAL.pdf

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INSTRUCTIONS TO BIDDERS

NORTHWEST BERGEN COUNTY UTILITIES AUTHORITY

WALDWICK, NEW JERSEY

DISPOSAL OF INCINERATOR ASH

for the

WASTEWATER TREATMENT PLANT

CONTRACT NO. 25-003

CURRENT BID THRESHOLDS (Effective July 1, 2025):

• With Qualified Purchasing Agent: $53,000

• Without Qualified Purchasing Agent: $17,500

• Quotation Threshold (with QPA): $7,950

• Quotation Threshold (without QPA): $2,625

The Northwest Bergen County Utilities Authority has appointed a Qualified Purchasing Agent and operates under the $53,000 bid threshold.

LOCATION OF WORK: Ash to be disposed of accumulates at the site of the wastewater treatment facilities owned by Northwest Bergen County Utilities Authority (The "Authority") located in Waldwick, Bergen County, New Jersey.

CONDITIONS OF WORK: Each Bidder must inform himself fully of the conditions under which the Work will be performed and judge for himself all the circumstances affecting the cost and progress of the Work, and whether or not he can complete the Work for the consideration set forth in their Bid/Proposal and in the time allowed, and shall assume all patent and latent risks and costs in connection therewith. Insofar as possible, the Contractor, in carrying out the Work, must employ such methods and means as will not cause interruption of or interference with the business and affairs of the Authority or any other contractor, or infringe on the rights, safety, or convenience of the Public.

CONTRACT DOCUMENTS: Bidders shall carefully examine the Contract Documents for the proposed Work. The information indicated is not guaranteed as being correct and complete.

Bidders are expected to examine the Contract Documents and the location of the Work at the site and judge for themselves all the circumstances affecting the cost and progress of the Work, and whether or not they can complete the Work and the parts thereof in the times allowed, and shall assume all patent and latent risks and costs in connection therewith.

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COMPLIANCE WITH ALL LAWS: The Contractor shall keep themselves informed of and shall comply with all Federal, state and local laws or ordinances, as such may apply.

PREPARATION OF BID/PROPOSALS: Each Bidder must submit a bid for each and every item listed in the Bid/Proposal forms. Failure to do so will render the entire Bid irregular and subject to rejection. Conditions, limitations, or provisos attached by the Bidder to the Bid/Proposal may also cause its rejection.

This contract is being publicly bid as it exceeds the Authority's bid threshold of $53,000.

Bids shall be submitted electronically ONLY through the Euna Procurement platform accessible via www.BergenBids.com in accordance with N.J.A.C. 5:34-5.5(a)(1) and the Local Unit Electronic Procurement Act (N.J.S.A. 40A:11-4.7 through 4.12). The Euna Procurement platform is authorized to function in strict accordance with N.J.A.C. 5:34-5. Paper-based bid submissions are NOT permitted for this procurement.

Each Bidder shall furnish in writing to the Owner the names, titles, and residence and business addresses and telephone numbers of not less than 2 responsible persons who shall be authorized to receive emergency notices and to act on behalf of the Bidder.

PRICES BID: Bid prices shall be written in ink or typewritten in both words and figures in the appropriate places in the Bid/Proposal for the various items, and all Bid/Proposals will be considered irregular which contain Items not specified in the Bid/Proposal.

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

STATE OR FEDERAL TAXES: The Prices submitted by Bidders are subject to increase or decrease by the amount of any change in tax or taxes affecting the articles, materials or equipment involved in the Contract imposed by or under the authority of the Federal, State or Local government which tax or taxes are passed or take effect after the receipt of Bid/Proposals, and shall continue in effect during such time as such tax or taxes are lawfully collectable;

provided, however, that in the event of such increase or decrease in cost, the claim shall be presented within thirty days of the effective date of such change and supported by evidence of such change in tax or taxes.

SIGNATURE OF BIDDERS: The firm, corporate or individual name of each Bidder must be signed in ink in the space provided for the signatures on the Bid/Proposal forms. In the case of a corporation, the title of the officer signing must be stated. Such officer must be duly authorized to execute the Bid/Proposal on behalf of the corporation, and such authorization must be attested to by the corporation's Secretary, and the seal of said corporation must duly affixed. In the case of a partnership, at least one of the partners must execute the Bid/Proposal, and the Bid/Proposal must be accompanied by written proof from the partnership that said partner was authorized to so execute the Bid/Proposal. Further, the signature of the partner executing the Bid/Proposal shall be followed by the term "member of the firm." In the case of an individual, the terms "doing business as" or "sole owner" shall be used in connection with the firm name and

NBCUA-BID-25-003 INSTRUCTION TO BIDDERS Page | 3 the individual owner's signature. The Bidder shall further state in the Bid/Proposal the name and address of each person or corporation interested therein.

BIDDER'S AFFIDAVIT: Each Bidder is required to duly execute the form of affidavit at the end of the Bid/Proposal stating that all statements and declarations made in the Bid/Proposal are true to the best of their knowledge information and belief.

WITHDRAWAL OF BID/PROPOSAL: No Bid/Proposal may be withdrawn after it has been duly deposited with the Authority. No Bidder may withdraw their Bid/Proposal for a period of 60 days after the opening of Bid/Proposals or authorized postponement thereof, if any.

BID/PROPOSAL GUARANTEE: Each Bid/Proposal shall be accompanied by a Bid/Proposal Guarantee in the form of a Bid Bond equal to 10% of the bid amount, with a maximum cap of $20,000. The accompanying Bid Bond form must be used. No substitute Bid Bond shall be accepted.

DISPOSITION OF BID/PROPOSAL GUARANTEE: All bid securities made with Bids will be returned to the persons making a Bid/Proposal, except those of the three lowest responsive, responsible Bidders, within 10 days, Sundays and holidays excepted, after the opening of Bid/Proposals. Within three days, Sundays and holidays excepted, after the awarding and signing of the Contract and approval of the contractor's performance bond, the bid security of the remaining unsuccessful bidders will be returned. In case the Bidder to whom such award is made fails to execute and secure a Contract within said 10 days, the award shall be vacated and the deposit forfeited to and the amount thereof retained by the Authority as liquidated damages for any expense or delay which may be incurred in making another letting for the performance of the Work, and to indemnify said Authority for any and all losses which it may sustain by failure of the Bidders to execute the Contract and furnish the required bonds, and the Contract may be re-advertised or awarded to the next lowest responsive, responsible Bidder as the Authority may determine. Not withstanding the foregoing, the Authority's damages in such instance shall not be capped to the amount of the Bid Security.

ADDENDA AND INTERPRETATIONS: No interpretation of the meaning of the Contract Documents will be made to any Bidder orally. Every request for such interpretations shall be in writing, addressed to the Authority. To be given consideration, such request(s) must be received at least 9 days, Saturdays, Sundays, and Holidays excepted, prior to the date fixed for the opening of Bid/Proposals. Any and all such interpretations and supplemental instructions will be in the form of written addenda, which, if issued, will be posted on the Authority's website and/or the Euna Procurement platform and emailed to all parties of record as having taken out a full set of Contract Documents not later than 7 days, Saturdays, Sundays, and Holidays excepted, prior to the date fixed for the opening of Bid/Proposals. Failure of a Bidder to receive any such Addendum shall not relieve such Bidder from any and all obligations under their Bid/Proposal as submitted, nor from the responsibility to comply with any additional or revised instruction that may be sent forth in any such addendum. Prior to submitting their Bid/Proposal, Bidders shall ascertain that they have received all Addenda.

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OBJECTIONABLE BIDDERS: No Bid/Proposal will be accepted from, or Contract awarded to, any Bidder who is in arrears to the Authority upon debt or contract, or any Bidder who is, or whose subcontractors are, included on the State of New Jersey Treasurer's list of debarred, suspended and disqualified Bidders, or who is in default, as Surety or otherwise, upon any obligation to the Authority, nor will a Bid/Proposal be accepted from, or Contract awarded to, any contractor whose performance of any previous contract has been unsatisfactory.

COMPETENCY OF BIDDERS: The Authority may make such investigation as it deems necessary to determine the ability, experience, and competency of any Bidder to perform the Work. Upon request, the Bidder shall furnish evidence satisfactory to the Authority that they have the necessary facilities, ability, experience, competency, and financial resources to fulfill all conditions of the Contract.

The Authority reserves the right to reject any Bid/Proposal, if such investigation fails to satisfy the Authority that a Bidder is properly qualified to carry out the obligations of the Contract and to complete the Work as specified.

RIGHT TO ACCEPT OR REJECT BID/PROPOSALS: The Authority may consider informal any Bid/Proposal not prepared and submitted in accordance with requirements of the Contract Documents. The Authority reserves the right to reject any or all Bid/Proposals, to waive any informalities or irregularities in any and/or all Bid/Proposals received and to accept any Bid/Proposal which is deemed most favorable to the Authority.

NON-COLLUSION AFFIDAVIT: All bidders are required to execute and submit with their bids a non-collusion affidavit in the form included with the Contract Documents. No substitute form of non-collusion affidavit shall be accepted.

EXECUTION OF CONTRACTS: An award, if any, will be made on the basis of the aggregate of the cost of all bid items, to the lowest responsive, responsible Bidder within 60 days after receipt of Bid/Proposals. The Bidder to whom the Contract may be awarded will be required to execute a written Contract with approved Sureties on the forms prescribed herein within 10 days from the date of the service of the notice of the awarding of the Contract. If an award is not or cannot be made within 60 days of receipt of Bid/Proposals, the Authority, with the concurrence of any Bidders who may consent, may extend such time for award for a longer period as may be agreed upon.

Before award is made to a Bidder not a resident of the State of New Jersey, such Bidder shall designate a proper agent in the State of New Jersey on whom service of process or other notice may be made.

AGREEMENT OF SURETY: Each Bid/Proposal shall be accompanied by an agreement to become Surety properly executed by a surety company authorized to do business and in good standing in the State of New Jersey. The form included in the Bid/Proposal shall be used. No substitute Agreement of Surety shall be acceptable. The power of attorney evidencing the authority of the attorney in fact of the Surety to act on its behalf, and the financial statement of

NBCUA-BID-25-003 INSTRUCTION TO BIDDERS Page | 5 the Surety shall also be provided with the Bid/Proposal. Failure to provide same shall be cause to reject the Bid/Proposal.

CONTRACT BONDS: The successful Bidder shall furnish Performance and Material and Labor Bonds, in accordance with N.J.S.A. 2A:44-147 in the form provided with the contract and in an amount at least equal to the Contract Price, as security for the faithful performance and payment of all of the successful Bidder's obligations under the Contract Documents. The forms of Bond provided herewith must be used and no substitute shall be acceptable. These bonds shall remain in effect for at least until one year after the date of final payment, except as otherwise provided by law.

All Bond forms prescribed by the Contract Documents shall be executed by such sureties as:

1. Are licensed to conduct business in the State of New Jersey,

2. Are named in the current list of "Companies Holding Certificates of Authority as

Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S.

Treasury Department, and

3. Have the requisite underwriting limitations, not taking into account any reinsurance amounts.

Agents of surety companies which write Bonds for the Contract shall furnish power of attorney, bearing the seal of the company, evidencing such agent's authority to execute the particular type of bond to be furnished.

Bonds shall be from surety companies having a local agent upon whom service of process can be made.

If at any time after execution and delivery of any bond, the Authority shall deem any of the sureties upon such Bond to be unsatisfactory or such bond to be inadequate security, the Contractor shall, within 5 days after notice from the Authority to do so, furnish a new or additional Bond, in form and sum, and signed by such sureties all as shall be satisfactory to the Authority. No further payment will be deemed due nor will any further payment be made to the Contractor unless such new or additional Bond is furnished and approved.

The premium on all bonds referred to herein shall be paid by the Bidder/Contractor.

APPROXIMATE QUANTITIES FOR COMPARING BID/PROPOSALS: The quantities of work as given for each Unit Price Item in the Bid/Proposal are approximate and are given only as a uniform basis for comparison of Bid/Proposals. They are not guaranteed to be accurate statements nor estimates of quantities of work that are to be performed under the Contract and any departure therefrom will not be accepted as valid grounds for any claim for damages or for loss of profits.

AFFIRMATIVE ACTION COMPLIANCE:

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1. In accordance with N.J.A.C. 17:27-3.3(a)(1) and 17:27-4.3, the Bidder shall submit one of the following:

a. evidence the Bidder is operating under an existing Federally approved or sanctioned affirmative action program;

or

b. a photocopy of the Bidder's Certificate of Employee Information Report or

c. Form AA-302 "Affirmative Action Employee Information Report"

• If Form AA-302 is submitted, it will be reviewed by the Division of Contract Compliance & EEO and, if approved, an initial Certificate of Employee Information Report valid for one year will be issued.

• required information must be submitted within 7 days of notice of intent to award or prior to submission of the contract for signing by the Authority, whichever is sooner.

Failure to submit the required Affirmative Action documentation will result in the Bidder's bid being rejected by the Authority as non-responsive.

2. In accordance with N.J.A.C. 17:27-3.4, during the performance of this contract, the successful Bidder/Contractor agrees as follows:

The Contractor will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. Such action 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;

The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation;

The Contractor will send to each labor union or representative or workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the

NBCUA-BID-25-003 INSTRUCTION TO BIDDERS Page | 7 contractor's commitments under this act and shall post copies of the notice in conspicuous places, available to employees and applicants for employment.

The Contractor agrees to comply with the regulations promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time and the Americans with Disabilities Act.

The Contractor shall furnish such reports or other documents to the Division of Contract Compliance & EEO as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of Contract Compliance & EEO for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code (N.J.A.C. 17:27).

3. In accordance with N.J.A.C. 17:27-5.3, the Contractor agrees to attempt in good faith to employ minority and female workers consistent with the applicable county employment goals prescribed by N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L.

1975, C.127, as amended and supplemented from time to time or in accordance with a binding determination of the applicable county employment goals determined by the Division of Contract Compliance & EEO pursuant to N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time.

The Contractor agrees to inform in writing appropriate recruitment agencies in the area, including employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.

The Contractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions.

The Contractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and conform with the applicable employment goals, consistent with the statutes and court decisions of the State of New Jersey and applicable Federal law and applicable Federal court decisions.

NONDISCRIMINATION IN EMPLOYMENT:

1. In accordance with N.J.A.C. 13:6-1.3, the parties of this contract do hereby agree that the provisions of N.J.S.A. 10:2-1 through 10:2-4, dealing with discrimination and employment on public contracts, and the rules and regulations promulgated pursuant thereunto, are hereby made a part of this contract and are binding upon them.

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2. The Bidder agrees that 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, neither the Bidder, nor any person acting on its behalf, shall discriminate against any person by reason of race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation or sex who is qualified and available to perform the work to which the employment relates; that neither the Contractor, nor any person acting on its 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 materials, equipment, supplies or services to be acquired under this contract, on account of race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation or sex; that there may be deducted from the amount payable to the Contractor by the Northwest Bergen County Utilities Authority 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 that this Contract may be canceled or terminated by the Northwest Bergen County Utilities Authority and all moneys due or to become due hereunder may be forfeited for any violation of these provisions after notice from the Northwest Bergen County Utilities Authority of any such prior violation.

REGISTRATION REQUIRED: All contractors must be registered with the New Jersey Division of Taxation and must submit proof of business registration with their bid proposals.

Proof of registration is a copy of the organization's "Business Registration Certificate" issued by the Division of Revenue. No other form of proof can be substituted.

DISCLOSURE OF OWNERSHIP: Where Bidder is a corporation, partnership, unincorporated association or any other form of entity other than a sole proprietorship, the names, address and percentage of beneficial or legal ownership shall be disclosed for all owners of 10 percent or more of the bidding entity. In this regard, each Bidder is required to execute the Stockholders List Certification included with the Bid/Proposal. The percentage of share ownership shall be listed next to the name of each shareowner.

Where any owner of 10 percent or more of the bidding entity is itself a corporation, partnership, unincorporated association or any other form of entity other than a sole proprietorship, the owners of 10 percent or more of that entity shall be disclosed. The percentage of share ownership shall be listed next to the name of each shareowner.

AUTHORIZATION TO BID: Where the Bidder is a corporation, it is required to submit with the bid a certified copy of the resolution of its board of directors authorizing its officers or agents to sign and submit this bid. Said resolution must be in the form included with the Contract Documents at the end of the Bid/Proposal.

FOREIGN CORPORATION: If the bidding entity is a corporation of any state other than New Jersey, the Certificate of Authority of Foreign Corporation to Conduct Business in the State of New Jersey must be completed, executed, and included with the Bid/Proposal.

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SUBCONTRACTING: No Work to be performed pursuant to this Contract may be subcontracted. All Work pursuant to this Contract must be performed by the successful Bidder/Contractor. The Contractor may, with the permission of the Owner, be permitted to utilize outside sources to supplement their personnel and equipment to meet time restraints for ash removal.

DISCLOSURE OF ELECTION CONTRIBUTIONS PURSUANT TO N.J.S.A. 19:44A-

20.27

Starting in January 2007, all business entities are advised of their responsibility to file an annual disclosure statement of political contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A. 19:44A-20.27 if they receive contracts in excess of $50,000 from public entities in a calendar year. Business entities are responsible for determining if filing is necessary. Additional information on this requirement is available from ELEC at 888- 313-3532 or at www.elec.state.nj.us.

EXTENSION OF CONTRACT: The Authority reserves the right to authorize up to three (3), one year (1) extensions, not to exceed a total contract life of five years. The extensions shall be subject to the following conditions: a. The contract shall be awarded by resolution of the governing body upon a finding by the governing body that the services are being performed in an effective and efficient manner; b. No such contract shall be extended so that it runs for more than a total of five consecutive years; c. Any price change included as part of an extension shall be based upon the price of the original contract as cumulatively adjusted pursuant to any previous adjustment or extension and shall not exceed the change in the index rate for the 12 months preceding the most recent quarterly calculation available at the time the contract is renewed; and

d. The terms and conditions of the contract remain substantially the same.

FAIR AND OPEN PROCESS: This contract is being procured through a "fair and open" process pursuant to N.J.S.A. 19:44A-20.4 et seq., and as such:

1. This contract is not subject to the pay-to-play restrictions under N.J.S.A. 19:44A-20.4 et seq.

2. All interested vendors had a fair and equal opportunity to submit a proposal.

3. The contract will be awarded based on a publicly advertised request for proposals.

PREVAILING WAGE ACT: This contract is subject to the provisions of the New Jersey Prevailing Wage Act, N.J.S.A. 34:11-56.25 et seq. The contractor shall pay not less than the prevailing wage rate as determined by the Commissioner of the Department of Labor and Workforce Development of the State of New Jersey. Current wage determinations can be found using the following link: https://www.nj.gov/labor/wageandhour/prevailing-rates .

In accordance with N.J.S.A. 34:11-56.27, where the contract involves the performance of any public work, as defined in N.J.S.A. 34:11-56.26, the bid must contain a certification listing each subcontractor who will perform work on the project and that the lowest bid submitted is at least 10% lower than the next lowest bid. If the bid does not contain such certification, then the bidder must submit the certification within 24 hours after a request by the Authority.

https://www.nj.gov/labor/wageandhour/prevailing-rates

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AMERICANS WITH DISABILITIES ACT COMPLIANCE: The contractor certifies that it complies with the Americans with Disabilities Act (42 U.S.C. S12101 et seq.) and agrees that it is under a continuing obligation to comply with the Act during the Contract period.

IRAN DISCLOSURE CERTIFICATION: Pursuant to N.J.S.A. 40A:11-2.1, the bidder must certify that neither the bidder, nor any of its parents, subsidiaries, or affiliates, is listed on the State of New Jersey Department of the Treasury's Chapter 25 list of entities engaged in prohibited activities in Iran. The required certification form must be completed and submitted with the bid.

RUSSIA/BELARUS VENDOR CERTIFICATION: Pursuant to N.J.S.A. 40A:11-2.2, the bidder must certify that it is not engaged in prohibited activities in Russia or Belarus as defined by law. The required certification form must be completed and submitted with the bid.

FEDERAL DEBARMENT CERTIFICATION: For any contract involving federal funds or public works, the bidder must certify that neither the bidder nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

CHANGED CONDITIONS: For any contract involving construction work, this contract is subject to the requirements of N.J.S.A. 40A:11-16.7 regarding changed conditions provisions.

Any changed condition claims must be made in accordance with the statutory requirements.

BID TERM: All bids shall remain firm for the initial two-year contract term. Pricing adjustments, if any, for potential contract extensions shall be based on documented changes in disposal costs and fuel surcharges, subject to Authority approval.

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