acua Hauling_and_Disposal_of_Grit_Entrained_Sludge.pdf

ATLANTIC COUNTY UTILITES AUTHORITY

INSTRUCTIONS TO BIDDERS AND TECHNICAL SPECIFICATIONS

MATTHEW J. DENAFO, P.E., PRESIDENT

OREN R. THOMAS, IV, CPM, MAS, QPA

PROCUREMENT AND CONTRACTS MANAGER

BID NUMBER: 2026-ITB-31

BID TITLE: Hauling and Disposal of Grit Entrained Sludge

BID RELEASE DATE: Thursday, September 17, 2026

BID OPENING DATE: Friday, October 16, 2026

11:00 A.M., LOCAL TIME

Physical Address: Mailing Address:

Atlantic County Utilities Authority Atlantic County Utilities Authority

6700 Delilah Road P. O. Box 996

Egg Harbor Township, NJ 08234-5623 Pleasantville, NJ 08232-0996

Phone (609) 272-6950

Fax (609) 272-7333

THE ATLANTIC COUNTY UTILITIES AUTHORITY IS RESPONSIBLE FOR ENHANCING THE

QUALITY OF LIFE THROUGH THE PROTECTION OF WATERS AND LANDS FROM POLLUTION

BY PROVIDING RESPONSIBLE WASTE MANAGEMENT SERVICES. THE AUTHORITY IS AN

ENVIRONMENTAL LEADER AND WILL CONTINUE TO USE NEW TECHNOLOGIES,

INNOVATIONS AND EMPLOYEE IDEAS TO PROVIDE THE HIGHEST QUALITY AND MOST COST

EFFECTIVE ENVIRONMENTAL SERVICES.

TABLE OF CONTENTS

I. NOTICE TO BIDDERS

II. TECHNICAL SPECIFICATIONS

III. BID PROPOSAL

IV. INSTRUCTIONS AND INFORMATION TO BIDDERS

V. ADDITIONAL INFORMATION FOR BIDDERS

VI. BID SECURITY

VII. MANDATORY EQUAL OPPORTUNITY LANGUAGE

VIII. AMERICANS WITH DISABILITIES

IX. NEW JERSEY ANTI-DISCRIMINATION PROVISIONS

X. VENDOR RESPONSES

1. NOTICE TO BIDDERS

PLEASE TAKE NOTICE that the Atlantic County Utilities Authority will receive sealed bids electronically, pursuant to the Local Public Contracts Law of the State of New Jersey, N.J.S.A.

40A:11-1 et seq. via ACUA's e-Procurement Portal.

BID NO: 2026-ITB-31

BID NAME: Hauling and Disposal of Grit Entrained Sludge

Release Project Date: September 17, 2026

Question Submission Deadline: October 1, 2026, 4:00pm

Response Submission Deadline: October 16, 2026, 11:00am https://teams.microsoft.com/l/meetup-join/19%3ameeting_NzBhNTk1MmItM2Vh

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At the Bid Submission and Bid Opening date, time and place, said bids will be opened and read aloud.

Specifications and bid documents may be obtained online at the following web address https://procurement.opengov.com/portal/acua. Bids must be submitted electronically via ACUA's e-Procurement Portal.

All bids must be accompanied by a certified check or bid bond in the amount of 10% of the total bid, not to exceed $20,000.00

All bidders must meet equal opportunity requirements of P.L. N.J.S.A. 10:5-31 et seq. and

N.J.A.C. 17:27, as described in the specifications. Bidders are responsible for affirmative action compliance.

ATLANTIC COUNTY UTILITIES AUTHORITY

MATTHEW J. DENAFO, P.E., PRESIDENT

BY: OREN R. THOMAS, IV, CPM, MAS, QPA, PROCUREMENT AND CONTRACTS

MANAGER

2. TECHNICAL SPECIFICATIONS

2.1. Contract Term

The initial contract term shall be one year. ACUA may renew the contract for one additional one-year period upon mutual written agreement, subject to satisfactory Contractor performance, continued operational need, availability of funds, governing law, and the terms of the bid. The

Contractor has no entitlement to renewal.

2.2. Material and Service Information

Material. Gravity thickened raw primary sludge containing varying amounts of grit and approximately 2 percent to 7 percent solids.

Containers. ACUA owned 25 cubic yard roll off vacuum containers, commonly referred to as

Vac Cans. ACUA may deploy additional compatible containers obtained from other sources during heavy cleanouts. The Contractor shall service those containers at the same unit price unless ACUA authorizes otherwise in writing.

Typical Weight. Approximately 15 to 17 tons per container. This range is informational only and is not a representation or guarantee of the weight of any individual load.

Estimated Annual Quantity. 500 tons. Quantities are estimates for bid evaluation only. ACUA guarantees neither a minimum tonnage nor a minimum number or frequency of pickups. Actual quantities may be greater or less depending upon weather and operations.

Service Location. ACUA Wastewater Treatment Facility, 1801 Absecon Boulevard, Atlantic

City, New Jersey 08401.

2.3. Scope of Services

The Contractor shall furnish all labor, supervision, vehicles, equipment, permits, disposal capacity, communications, documentation, and incidentals necessary to perform the following:

• Pick up filled containers designated by ACUA.

• Transport each container in a leakproof, secure, and legally compliant manner.

• Deliver the material only to an ACUA approved facility authorized to accept the material.

• Pay all transportation, toll, fuel, weighing, facility, disposal, cleaning, and related charges.

• Empty and thoroughly clean each container after disposal.

• Lawfully manage all rinsate and residual material.

• Return each clean, empty container to the location designated by ACUA.

• Provide complete service and disposal documentation within the required time.

Routine cleanouts may be scheduled quarterly; however, all services are on call and ACUA may request more frequent pickups because of storms, high flow conditions, maintenance, or other operational requirements. The Contractor shall not treat the reference to quarterly scheduling as a limitation on ACUA's right to request service.

2.4. Service Requests and Performance Standards

Routine Service

The Contractor shall acknowledge an ACUA service request within two business hours. Unless

ACUA authorizes a different schedule in writing, the Contractor shall remove every requested filled container from ACUA no later than two business days after the request. A request received after 3:00 p.m. shall be deemed received at 8:00 a.m. on the next business day solely for calculating the routine pickup deadline.

The Contractor shall complete disposal and return the emptied and cleaned container no later than two business days after pickup. A pickup is not complete merely because the Contractor scheduled service, contacted a disposal facility, dispatched a driver, or arrived without removing the container.

Emergency Service

When ACUA identifies a request as an operational emergency, the Contractor shall acknowledge the request within one hour and remove the requested container within 24 hours, including weekends and holidays when directed by ACUA. The Contractor shall maintain a continuously available emergency contact with authority to dispatch personnel and equipment.

Required Capacity

The Contractor shall maintain the capacity to pick up, dispose of, clean, and return as many as five containers during any rolling seven calendar day period. ACUA may request removal of multiple containers concurrently. This is a minimum required service capability and not a limit on ACUA's estimated needs or a guarantee of work.

Delays and Status Communications

The Contractor shall notify ACUA immediately upon learning of any actual or anticipated delay.

Notice shall state the affected container, cause, corrective action, and firm completion time. Notice does not excuse nonperformance or extend a deadline unless ACUA approves an extension in writing.

2.5. Disposal Facilities and Capacity

The Bidder shall identify a primary disposal facility and at least one alternate disposal facility.

Each facility shall possess all permits and approvals required to accept and manage the material described in these specifications. ACUA's review or approval of a facility does not relieve the

Contractor of responsibility for lawful disposal or complete performance.

The Bidder shall submit the following with its bid for each proposed facility:

• Facility name, physical address, contact person, telephone number, and email address.

• Copies of current permits or approvals relevant to acceptance of the specified material.

• A written facility acknowledgment or acceptance letter identifying the material, anticipated solids content, typical container weight, estimated annual quantity, and required surge capacity.

• Evidence of an established commercial or operational arrangement sufficient to support continuous acceptance during the contract term.

• Any acceptance limits, testing requirements, scheduling restrictions, blackout periods, or other conditions that could affect performance.

ACUA may contact a proposed facility to verify the submitted information and the Contractor's access. A Bidder's unsupported statement that a facility may accept the material does not demonstrate disposal capacity.

The Contractor shall immediately notify ACUA of any actual or anticipated facility closure, interruption, capacity restriction, permit issue, change in acceptance criteria, or loss of access. The

Contractor shall use an ACUA approved alternate facility without delay or additional charge. No permanent change in a designated facility is permitted without ACUA's prior written approval.

2.6. Vehicles Equipment and Continuity

The Contractor, each subcontractor, and every cab, trailer, container, and transport unit used under the contract shall continuously maintain all registrations, licenses, permits, certificates, insurance, and decals required by NJDEP, the New Jersey Motor Vehicle Commission, and each other agency having jurisdiction. Required credentials shall be provided before service begins, upon renewal, and upon ACUA's request.

All equipment shall be compatible with the containers, properly rated for the actual load, maintained in safe operating condition, and designed and operated to prevent leakage, spillage, tracking, odors, and emissions. The Contractor shall verify safe transport conditions before leaving

ACUA.

The Contractor shall maintain backup vehicles, drivers, equipment, and disposal arrangements sufficient to provide uninterrupted service. Equipment breakdown, employee absence, subcontractor failure, disposal facility unavailability, or competing customer demand shall not constitute an excuse for failure to meet a service deadline.

2.7. Personnel and Subcontractors

Personnel shall be properly trained, licensed, experienced, and equipped to handle the material and containers safely. Drivers shall comply with ACUA safety, security, traffic, and site access requirements and follow the directions of authorized ACUA personnel while onsite.

The Contractor shall not subcontract any material portion of the work without ACUA's prior written approval. Every approved subcontractor shall satisfy the same requirements applicable to the Contractor. ACUA's approval shall not relieve the Contractor of responsibility for any act, omission, delay, violation, spill, or default of a subcontractor.

2.8. Weighing Service Records and Invoicing

Payment shall be based on documented net tons accepted at an approved disposal facility. Each weight shall be obtained from a legally certified scale. ACUA may inspect scale certifications, request reweighing, and audit supporting records.

For each load, the Contractor shall submit:

• ACUA service request or purchase order number.

• Pickup date and time and container identification number.

• Driver name and vehicle, trailer, registration, and decal identification.

• Certified scale ticket showing gross, tare, and net weights.

• Disposal facility name and address and disposal date and time.

• Signed disposal receipt, manifest, or equivalent facility record confirming acceptance.

• Date and time the cleaned container was returned to ACUA.

• A description of any delay, rejection, spill, exception, or service issue.

Complete load documentation shall be submitted electronically within one business day after the container is returned. Invoices shall separately identify each load and shall be accompanied by the required records. ACUA may reject or withhold payment of an invoice until the records are complete and verified.

2.9. Container Cleaning Custody and Damage

Each returned container shall be free of loose or adhering sludge, grit, debris, standing liquid, and objectionable residue. The exterior shall be free of material deposited during transport, handling, or disposal. ACUA may reject a container that does not meet this standard and require prompt recleaning and return at no additional charge.

The Contractor shall collect, transport, treat, and dispose of rinsate and residual material lawfully.

Rinsate shall not be discharged at ACUA's facility without ACUA's prior written authorization.

The Contractor shall inspect each container before pickup and immediately document visible preexisting damage. The Contractor is responsible for loss or damage occurring while a container is in its custody, except for ordinary wear and documented preexisting conditions, and shall repair or replace damaged ACUA property at its expense.

2.10. Rejected Loads

The Contractor shall immediately notify ACUA of any rejected or conditionally accepted load and shall protect and lawfully manage the material pending final disposition. The Contractor shall not return a rejected load to ACUA without express authorization.

If rejection results from the Contractor's use of an unauthorized or unsuitable facility, failure to coordinate acceptance, missed appointment, improper handling, contamination, missing documentation, failure to satisfy facility requirements disclosed before bid, or other failure to perform, the Contractor shall bear all resulting storage, demurrage, rehandling, transportation, testing, cleanup, and final disposal costs.

If rejection results solely from material characteristics that materially differ from these specifications and were not reasonably observable by the Contractor, responsibility shall be determined from documented causation. The Contractor shall nevertheless cooperate fully and avoid interruption of ACUA operations.

2.11. Spills Releases and Incidents

The Contractor shall immediately stop, contain, and clean any spill, leakage, tracking, or release occurring while the material or container is in its custody. The Contractor shall notify ACUA verbally within 30 minutes after discovery, make every legally required agency notification, and submit a written incident report to ACUA within 24 hours.

The report shall identify the date, time, location, material, estimated quantity, cause, affected property or waters, notifications, response actions, final disposition, and corrective measures. The

Contractor shall bear all response, cleanup, remediation, property damage, penalty, and third party costs resulting from its acts, omissions, equipment, personnel, or subcontractors.

2.12. Performance Management and Remedies

The following are service deficiencies: missed or late pickup; late container return; failure to provide required capacity; use of an unapproved facility, vehicle, or subcontractor; incomplete documentation; rejected load attributable to the Contractor; unclean or damaged container; spill or release; failure to communicate a delay; or violation of law or these specifications.

Upon any service deficiency, ACUA may require a written corrective action plan within two business days. The plan shall identify the cause, immediate corrective measures, responsible personnel, and measures and deadlines to prevent recurrence. Submission or acceptance of a plan does not waive a default or limit ACUA's remedies.

If the Contractor fails to meet a service deadline, ACUA may obtain substitute service without awaiting further cure whenever ACUA determines that delay could affect operations, safety, regulatory compliance, or available storage. The Contractor shall reimburse ACUA for the reasonable excess cost of substitute performance and related handling, equipment, administrative, and disposal costs, and ACUA may deduct such amounts from sums otherwise due to the Contractor to the extent permitted by law.

Any of the following constitutes a material default: two or more missed or materially late service obligations during any rolling 90-day period; failure to implement an accepted corrective action plan; loss or suspension of a required license, registration, permit, insurance coverage, disposal facility, or disposal access; falsification of service or weight records; unauthorized disposal; or failure to maintain required backup capacity. In addition to other contractual remedies, ACUA may suspend assignments, withhold disputed payment, obtain substitute service, recover resulting costs, or terminate the contract in accordance with the bid's general terms and conditions.

ACUA's inspection, acceptance, payment, failure to identify a deficiency, or decision not to exercise a remedy on one occasion shall not waive any requirement or remedy. Remedies are cumulative to the extent permitted by law.

2.13. Regulatory Compliance

The Contractor shall perform all work in accordance with all applicable Federal, State, County, and local laws, permits, approvals, orders, and requirements governing sewage sludge, solid waste, transportation, vehicle operation, worker safety, spills, and disposal. Applicable requirements may include N.J.A.C. 7:26, N.J.A.C. 7:14A, N.J.A.C. 7:14C, the approved Atlantic County District

Solid Waste Management Plan, and 40 C.F.R. Part 503, to the extent each applies to the material and selected management method.

References to particular laws are not exclusive and do not shift compliance responsibility to

ACUA. The Contractor shall determine the classification, routing, documentation, transportation, acceptance, and disposal requirements applicable to its proposed method and shall immediately disclose any permit or regulatory condition that may affect performance.

2.14. Bidder Responsibility Submittals

In addition to all forms required elsewhere in the bid package, each Bidder shall submit:

• The disposal facility information and supporting documents.

• A list of vehicles and equipment proposed for routine and backup service.

• Current transporter, vehicle, trailer, and container registrations, licenses, and decals applicable to the proposed service.

• The name, title, telephone number, and email address of the primary contract manager and 24-hour emergency contact.

• The name and role of every proposed subcontractor and corresponding licensing and equipment information.

• A narrative explaining how the Bidder will meet routine, emergency, five container surge, and back-to-back storm requirements.

• A description of the Bidder's contingency plan for vehicle breakdown, driver shortage, disposal interruption, severe weather, and facility closure.

Failure to provide sufficient evidence of required licensing, equipment, disposal access, backup capacity, or ability to satisfy the performance standards may be considered in ACUA's responsibility determination to the extent permitted by the bid documents and applicable law.

2.15. Price and Payment Basis

Bidders shall provide an all-inclusive price per ton for routine hauling and disposal services. The routine unit price shall include all labor, supervision, vehicles, equipment, pickup, hauling, fuel, tolls, permits, weighing, disposal charges, container cleaning, rinsate management, documentation, return transportation, overhead, profit, and incidentals required for complete routine performance. Emergency Service shall be compensated only through the separate

Emergency Service Surcharge. No other fuel surcharge, environmental fee, facility fee, waiting charge, or similar charge will be paid.

ACUA will use the estimated annual quantity solely to calculate bids for comparison. Payment will be based on actual documented net tons accepted at an approved facility.

2.16. Emergency Service Pricing

When ACUA expressly designates a service request as Emergency Service, the Contractor shall be entitled to the Emergency Service Surcharge stated in the Bid Form, in addition to the applicable per-ton hauling and disposal charge. The surcharge shall be a fixed amount per container picked up and shall include all costs associated with expedited dispatch, after-hours service, weekend or holiday service, and compliance with the required response time.

No Emergency Service Surcharge shall be payable unless ACUA expressly designated the request as Emergency Service when issuing the service request. A routine service request shall not become eligible for an Emergency Service Surcharge because of the Contractor’s delay, lack of available personnel or equipment, disposal-facility unavailability, or failure to meet the routine-service requirements.

If ACUA designates multiple containers for emergency pickup under the same service request, the

Emergency Service Surcharge shall apply separately to each container actually removed within the required emergency-response period. No Emergency Service Surcharge shall be payable for any container not removed within the required 24-hour emergency-response period.

3. BID PROPOSAL

Line Item Description Quantity Unit of

Measure Unit Cost Total

Hauling and Disposal Services

1 Hauling and Disposal of Grit

Entrained Sludge 500 Tons

Line Item Description Quantity Unit of

Measure Unit Cost Total

Emergency Hauling and Disposal Services

2 Emergency Service Surcharge 2 Per Pick-up

TOTAL

4. INSTRUCTIONS AND INFORMATION TO BIDDERS

4.1. INSTRUCTIONS AND INFORMATION TO BIDDERS

A. All questions relating to technical aspects of the bid are to be directed in writing to the

Authority Procurement and Contracts Manager via the ACUA's eProcurement Portal. NO

QUESTIONS WILL BE ANSWERED OVER THE PHONE OR VIA EMAIL. Each question should begin by referencing the section to which it relates.

B. In the event that changes are to be made to any specification before the date for opening of bids, the Authority will publish an Addendum, as required by law, in the Atlantic

City Press. Bidders are encouraged to monitor the project via ACUA's e-Procurement

Portal. Followers will be notified via email about any Addendum.

C. Bidders are required to complete all documents included in the VENDOR RESPONSES section. Bidders shall use the forms provided by the Authority or true copies thereof.

Substitute forms will not be considered conforming.

D. Bids must be received electronically via ACUA's e-Procurement Portal before the designated time. No exceptions can be made for any reason, including failure of internet services or any technology issues to make timely submission of any bids.

E. Prices and terms shall not be subject to adjustment or supplementation for any reason after opening of bids.

F. All prices shall be F.O.B. Destination, freight prepaid, delivered to the Atlantic County

Utilities Authority at 1801 Absecon Boulevard, Atlantic City, NJ 08401-1712 and/or 6700

Delilah Road, Egg Harbor Township, NJ 08234-5623 unless otherwise stated in the specifications.

G. No bid shall provide for State or Federal taxes of any kind or for interest on any amount due from the Authority to any bidder unless expressly permitted by the specifications. The

Authority's normal practice is to make payment within 30 days of receipt of a properly certified and tabulated invoice and voucher. Sales made to any contractor of materials, supplies or services for exclusive use in the performance of this contract are generally exempt from the New Jersey Sales and Use Tax, N.J.S.A. 54:32B-8.22. Payment will be made only to the contractor.

H. No pre-payment clauses of any nature will be acceptable.

I. All Required Bid Forms must be signed via DocuSign through ACUA's eProcurement

Portal by a responsible officer of the bidder with authority to make a legally binding commitment on the bidder's behalf. By submitting a bid, the bidder is binding itself to enter into a contract on award by the Authority and may not expressly, impliedly or by conduct reserve any right to withdraw any bid or to refuse for any reason to enter into an awarded contract. PHOTOCOPIES WILL NOT BE ACCEPTED. Docusign must be used to verify signatures.

J. The submission of a bid by any corporation shall constitute a warranty by the corporation to the Authority that it is authorized to do business in the State of New Jersey, that its corporate charter is in good standing, and that the persons executing bid documents have full authority to do so on the corporation's behalf.

K. All prices quoted shall be firm from the time of bid opening through the life of the contract and shall not be subject to increase for any reason during the contract term. Should the bidder reduce its prices for the bid item or items generally during the contract term, the price provided to the Authority shall reflect the price as reduced.

L. The Authority will assume, and by bidding the bidder warrants, that all items proposed meet all specifications unless the bidder takes specific written exception in its proposal. Where a delivery date is stated in the specifications, the bidder will be presumed to have agreed to provide the specified goods or services by that date unless explicitly stated otherwise in its proposal.

M. Pursuant to N.J.S.A. 40A:11-24, the contracting unit shall award the contract or reject all bids within such time as may be specified in the invitation to bid, but in no case more than

60 days, except that the bids of any bidders who consent thereto may, at the request of the contracting unit, be held for consideration for such longer period as may be agreed.

N. The Authority's standard form of contract is attached. Bidders will be required to execute this form of contract upon award. If any exception is taken to the form of contract, all such exception(s) shall be set forth in writing in the proposal. The Authority will evaluate whether exceptions taken are sufficiently material as to make the bid nonconforming. Nonconforming bids will be rejected. Contract language will not be negotiated after opening of bids. The bidder to whom the award is made will be required to execute a written contract with the Owner and to furnish appropriate surety bonds as specified within ten (10) days after notification of the award of contract. The contract shall be in the form included in the Attachments section of this document. If the bidder shall fail or refuse to sign a contract and provide necessary bonds within ten (10) days of the notification of award of contract and request therefore by Owner, the Owner may execute upon the bid bond or take possession of the funds otherwise provided as bid security. In the event that a contract is signed and all specified bonds are supplied, the bid bond or check shall be returned to the bidder.

O. Bidders will not be permitted to supplement or amend bids after submission. Bidders may, however, withdraw and revise their submission by clicking "Unsubmit Response" on ACUA's eProcurement Portal and re-submit their bid, if needed.

P. The original of all documents calling for signatures shall bear original signatures.

Photocopied or otherwise non-original signatures will not be accepted, except that a Power of Attorney may contain the reproduced signatures of the authorizing officers of the surety company. Original electronic signatures executed through DocuSign shall be deemed original signatures.

Q. In the event of inclement weather or other emergent circumstances which may prevent the opening of bids at the scheduled date and time, the Authority will attempt to notify prospective bidders of the fact of rescheduling and as to any rescheduled time. In the event of rescheduling the Authority shall retain all bids, unopened, for opening at the rescheduled date and/or time. The Authority will take such steps as it shall consider appropriate to notify all bidders of the rescheduled date and/or time.

R. The Authority cannot provide legal advice to bidders, nor are any of its officers or agents empowered to waive or modify any legal requirement either verbally or in writing. The

New Jersey bidding statutes are contained at N.J.S.A. 40A:11-1 et seq., and regulations adopted thereunder, and bidders are presumed to be familiar with their requirements. We have attempted to make these specifications comply with the Local Public Contracts Law in all respects. In the event of a conflict between the terms of these specifications and relevant statutes, the statutes shall control in all cases. Bidders with questions regarding legal requirements are strongly advised to consult their own counsel.

S. In the event that the goods or services to be purchased require that the provider possess any license(s) issued by the State of New Jersey or any other governmental body, the bidder warrants by the submission of a bid that it possesses all such licenses.

T. Pursuant to N.J.S.A. 40A:11-13, any prospective bidder who wishes to challenge a bid specification shall file such challenges in writing with the ACUA 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 ACUA, or the award of a contract.

U. Bid openings and results can be accessed on the Authority's eProcurement Portal at: https://procurement.opengov.com/portal/acua

V. Subsequent to bid opening, all information submitted by bidders in response to the bid solicitation is considered public information, except as may be exempted from public disclosure by the Open Public Records Act, N.J.S.A. 47:1A- et seq., and the common law.

W. The Authority will not, prior to opening of bids, release the names of persons or entities who have picked up specification packages. This list will be available at any time after bids are received.

X. Any legal action relative to this proposal and any contracts that may or may not be awarded, as a result of this bid, shall be venued in the Superior Court of New Jersey in Atlantic

County.

4.2. METHOD OF CONTRACT AWARD

The length of the contract shall be stated in the technical specifications. Pursuant to requirements of N.J.A.C. 5:30-5.1 et seq., any contract resulting from this bid shall be subject to the availability and appropriation of sufficient funds annually. Please see Section Termination of Contract

[below], for additional information.

If the award is to be made on the basis of a base bid only, it shall be made to that responsible bidder submitting the lowest base bid. If the award is to be made on the basis of a combination of a base bid with selected options, it shall be made to that responsible bidder submitting the lowest net bid. The owner may also elect to award the contract on the basis of unit prices.

The form of contract shall be submitted by the Authority to the successful bidder. Terms of the specifications/bid package prevail. Bidder exceptions must be formally accepted by the Authority;

material exceptions will result in rejection of the bid.

Bidders must certify on the provided form if they are listed or not on the state's debarment list (The

Wall, www.nj.gov/labor/ea/osec/wall.shtml). (N.J.S.A. 34:1A-1.16)

Successful bidder/respondent shall complete W-9 Form and submit to the Authority prior to contract award. The form is available at the following link: www.irs.gov/pub/irs-pdf/fw9.pdf

4.3. CAUSES FOR REJECTING BIDS

Bids may be rejected for any of the following reasons:

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

• If more than one bid is received from an individual, firm or partnership, corporation or association under the same name;

• Multiple bids from an agent representing competing bidders;

• Failure to include either a bid guarantee pursuant to N.J.S.A. 40A:11-21 and certificate from a surety company pursuant to N.J.S.A. 40A:11-22;

• The bidder submits a bid bond or surety company certificate electronically but fails to either (a) comply with the provisions of N.J.A.C. 5:34-5.3(f), which require that the bid bond or surety company certificate be submitted it in a format that permits the bond or certificate to be verified electronically through a verification code issued by the surety agency, or (b) send the original bid bond or surety company certificate prior to bid opening;

• The bid is inappropriately unbalanced;

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

Experience; or,

• If the successful bidder fails to enter into a contract within 21 days, Sundays and holidays excepted, or as otherwise agreed upon by the parties to the contract. In this case at its option, the Authority may accept the bid of the next lowest responsible bidder. (N.J.S.A.

40A:11-24b)

4.4. BRAND NAMES, STANDARDS OF QUALITY AND PERFORMANCE

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

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

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

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

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

4.5. OWNERSHIP DISCLOSURE STATEMENT

Pursuant to N.J.S.A. 52:25-24.2, bidders must submit a complete Ownership Disclosure

Statement. It requires a list of the names and addresses of all persons and entities owning ten percent or more of its stock or interest, regardless of the type of business ownership. Bidders should carefully review the instructions before completing the form. Failing to complete the document disqualifies an offer as it cannot be fixed later. Sole proprietors list themselves as

100% owners. Non-profit entities simply fill in their name and check the appropriate box.

4.6. NEW JERSEY BUSINESS REGISTRATION

Pursuant to N.J.S.A. 52:32-44, the Atlantic County Utilities Authority (“Contracting Agency”) is prohibited from entering into a contract with an entity unless the bidder/proposer/contractor, and each subcontractor that is required by law to be named in a bid/proposal/contract has a valid

Business Registration Certificate on file with the Division of Revenue and Enterprise Services within the Department of the Treasury.

Prior to contract award or authorization, the contractor shall provide the Contracting Agency with its proof of business registration and that of any named subcontractor(s). Subcontractors named in a bid or other proposal shall provide proof of business registration to the bidder, who in turn, shall provide it to the Contracting Agency prior to the time a contract, purchase order, or other contracting document is awarded or authorized.

During the course of contract performance:

A. the contractor shall not enter into a contract with a subcontractor unless the subcontractor first provides the contractor with a valid proof of business registration.

B. the contractor shall maintain and submit to the Contracting Agency a list of subcontractors and their addresses that may be updated from time to time.

C. the contractor and any subcontractor providing goods or performing services under the contract, and each of their affiliates, shall collect and remit to the Director of the Division of Taxation in the Department of the Treasury, the use tax due pursuant to the Sales and

Use Tax Act, (N.J.S.A. 54:32B-1 et seq.) on all sales of tangible personal property delivered into the State. Any questions in this regard can be directed to the Division of

Taxation at (609) 292-6400. Form NJ-REG can be filed online at www.state.nj.us/treasury/revenue/busregcert.shtml.

Before final payment is made under the contract, the contractor shall submit to the Contracting

Agency a complete and accurate list of all subcontractors used and their addresses.

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. Information on how a business can obtain a certificate can be obtained on the Internet at www.nj.gov/njbgs or by phone at (609) 292-1730.

4.7. AMERICAN GOODS AND PRODUCTS TO BE USED WHERE POSSIBLE

Only manufactured and farm products of the United States, wherever available, shall be used pursuant to N.J.S.A. 40A:11-18.

4.8. PREVAILING WAGE ACT

Pursuant to N.J.S.A. 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. In the event it is found that any worker, employed by the contractor or any subcontractor has been paid a rate of wages less than the prevailing wage required to be paid, the owner may terminate the contractor's or subcontractor's right to proceed with the work, or such part of the work as to which there has been a failure to pay required wages and prosecute the work to completion.

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 N.J.A.C. 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

Certified payroll records must be submitted within ten days of payment to the agency and through the NJ Wage Hub (https://njwages.nj.gov).

Pursuant to NJSA 34:11-56.29, very contractor and subcontractor shall keep an accurate record showing the name, craft or trade, and actual hourly rate of wages paid to each worker employed by him in connection with a public work and such records shall be preserved for two years from date of payment. The record shall be open at all reasonable hours to the inspection of the public body awarding the contract, to any other party to the lease or agreement to lease pursuant to which the public work is done, and to the commissioner.

4.9. PUBLIC WORKS CONTRACTOR REGISTRATION ACT

The Public Works Contractor Registration Act (PWCRA) requires that all Contractors, including named Subcontractors, register with the Department of Labor and Workforce Development prior to submitting price proposals or engaging on certain public works contracts that exceed the prevailing wage threshold. The prevailing wage threshold is $2,000 for all non-municipal entities.

No Contractor shall bid on any contract for public work as defined in section 2 of P.L.1963, c. 150

(C.34:11-56.26) unless the Contractor is registered pursuant to this act. No Contractor shall list a

Subcontractor in a bid proposal for the contract unless the Subcontractor is registered pursuant to

P.L.1999, c.238 (C.34:11-56.48 et seq.) at the time the bid is made. The law requires that

Contractors submit certificates after a bid proposal is received and prior to the award of the contract

(N.J.S.A. 34:11-56.55).

Additional information on the PWCRA can be obtained from the:

Contractor Registration Unit Telephone: 609-292-9464

Division of Wage and Hour Compliance Fax: 609-633-8591

New Jersey Department of Labor Email: contreg@dol.state.nj.us

PO Box 389 Web site: www.nj.gov/labor/lsse/lspubcon.html

Trenton, New Jersey 08625-0389

The web site has links to the PWCRA Registration Form, Listing of Contractors, Prevailing Wages and other useful information.

Contact the Division of Local Government Services at (609) 292-7842, by fax at (609) 633-6243 or by e-mail at lpcl@dca.state.nj.us for assistance in the application of the Local Public Contracts

Law or related PWCRA issues. As specific situations are presented to the contracting unit, local legal advisors should review this guidance as to its applicability.

If the ACUA has requested prevailing wage rates for this project the appropriate rates for Atlantic

County will be included in this bid package.

4.10. TRUTH IN CONTRACTING

Bidder should be aware of the following statutes:

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

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

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

D. Bidder should consult the statutes or legal counsel for further information.

4.11. NEW JERSEY RIGHT TO KNOW

The manufacturer or supplier of chemical substances or mixtures shall label them in accordance with the N.J. Worker and Community Right to Know Law (N.J.S.A. 34:5A-1 et seq., and N.J.A.C

8:59-1.1 et seq.,). 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) pursuant to N.J.A.C. 8:59-5. "Container" means a receptacle used to hold a liquid, solid or gaseous substance such as bottles, bags, barrels, cans, cylinders, drums and cartons. (N.J.A.C. 8:59-1.3). Further, all applicable Safety Data Sheets (SDS) - hazardous substance fact sheet - must be furnished. All containers which are stored at an owner’s facilities by the contractor or subcontractors shall display RTK labeling. Vendors with questions concerning labeling should contact the New Jersey Department of Health and Senior Services Right to Know

Program for assistance in developing proper labels.

www.nj.gov/health/workplacehealthandsafety/right-to-know/

4.12. DISCLOSURE OF CONTRIBUTIONS TO ELEC

Any business entity making a contribution of money or any other thing of value, including an in-kind contribution, or pledge to make a contribution of any kind to a candidate for or the holder of any public office having ultimate responsibility for the awarding of public contracts, or to a political party committee, legislative leadership committee, political committee or continuing political committee, which has received in any calendar year $50,000 or more in the aggregate through agreements or contracts with a public entity, shall file an annual disclosure statement with the New Jersey Election Law Enforcement Commission (ELEC), established pursuant to section

5 of P.L.1973, c.83 (N.J.S.A. 19:44A-5), setting forth all such contributions made by the business entity during the 12 months prior to the reporting deadline. Additional information on this requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.

4.13. CONE OF SILENCE

Potential bidders/respondents and their agents must not communicate in any way with the ACUA

Officers, Board of Commissioners, or any ACUA staff other than Purchasing personnel in reference or relation to this solicitation. This restriction is effective from the time of bid advertisement until the Board of Commissioners meets to authorize award. Such communication may result in disqualification.

4.14. MAINTENANCE OF RECORDS

A. Information is subject to public disclosure laws.

B. Contractor must maintain documentation for five years.

C. Records must be available to the State Comptroller and agency.

D. Certain records are protected from public disclosure.

E. Agency retains right to make public disclosures under law.

F. Contractor prohibited from selling agency information.

G. Certain government records are confidential by law. Both parties and any subcontractors have a responsibility to safeguard employee personal information from public disclosure.

H. Payroll, personnel, and health insurance files are confidential, as are administrative or technical information regarding computer hardware, software and networks that, if disclosed, would jeopardize computer security. Contractors may be privy to sensitive law enforcement information that must remain confidential.

4.15. TERMINATION OF CONTRACT

If, through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations under the contract or if the contractor shall violate any of the requirements of the contract, the

Authority shall there upon have the right to terminate the contract by giving written notice to the contractor of such termination and specifying the effective date of termination. Such termination shall relieve the Authority of any obligation for balances to the contractor of any sum or sums set forth in the contract. The Authority will pay only for goods and services accepted prior to termination.

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

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

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

It is understood by all parties that if, during the life of the contract, the contractor disposes of his/her business concern by acquisition, novation, merger, sale and or/transfer or by any means convey his/her interest(s) to another party, all obligations are transferred to that new party. In this event, the new owner(s) will be required to submit all documentation/legal instruments that were required in the original bid/contract. Any change shall be approved by the Authority.

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

For contracts that exceed one year, each fiscal year payment obligation of the Authority is conditioned upon the availability of Authority funds appropriated or allocated for the payment of such an obligation. If funds are not allocated and available for the continuance of any services performed by the bidder awarded the contract (contractor) hereunder, whether in whole or in part, the Authority at the end of any particular fiscal year may terminate such services. The Authority 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 Authority to terminate the contract during the term, or any service hereunder, merely in order to acquire identical services from another contractor.

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

4.16. Force Majeure

Neither party is responsible for delays due to uncontrollable events. Contract may become voidable if delayed by court order or injunction.

4.17. Succession of Contract

If contractor changes ownership, obligations transfer to the new party. New contractor must submit all required documentation. ACUA must approve any changes.

4.18. Ownership of Material

The agency retains ownership of all project-related documents and property, both physical and digital, provided to the contractor. This material cannot be disclosed to others or used outside the contract's scope without written agency consent. The contractor cannot use, sell, or disclose the work product or share it with third parties without prior written agency consent. Project information may require secure cloud storage access or delivery on compatible media.

4.19. ATLANTIC COUNTY UTILITIES AUTHORITY PAYMENT CYCLE

As established by Board Resolution 06-12-232, the payment cycle at the Atlantic County Utilities

Authority shall be as follows:

A. Invoices and all other documentation required for approval of payment must be received by the Authority on or before the first Friday of a month for payment in that month’s payment cycle.

B. Invoices received by the first Friday of any given month will be submitted to the Board of

Commissioners at their regularly scheduled meeting, which occurs on the third Thursday of every month.

C. The approval of said payments by the Board of Commissioners is…