B24-113 MCIA Solar Decommissioning and Removal Services w Attachments.pdf

COUNTY OF MORRIS

DECOMMISSIONING AND REMOVAL SERVICES IN CONNECTION WITH

THE MORRIS COUNTY IMPROVEMENT AUTHORITY’S 2009 RENEWABLE

ENERGY PROGRAM

BID# B24-113

REQUESTING AGENCY: MORRIS COUNTY IMPROVEMENT AUTHORITY

CONTACT PERSON: Anthony Aponte, Purchasing Agent

Office of Purchasing

Fax#: 973-829-0304

BID SUBMISSION DEADLINE: June 28, 2024 - 11:00 AM

BIDDING COMPANY NAME:

COMPANY CITY/TOWN: STATE:

, v. 1

NOTICE TO ALL PROSPECTIVE BIDDERS

This contract is considered a construction-related public works projects and is covered under the

New Jersey Prevailing Wage Act and Regulations. As such, all contractors and subcontractors who bid on this project must possess a valid Public Works Certificate.

Be advised that no contractor’s payments will be made until certified payroll records have been received showing wages and benefits paid in accordance with current Prevailing Wage Rates

Determination as noted in back section of the bid document.

Effective May 1, 2019 a SUPPLEMENT to the Public Works Contractor Registration (“PWCR”) application must be completed for all new and renewal applications. The Supplement pertains specifically to participation in a registered apprenticeship program and possession of all licenses, registrations or certificates required by State law. Any renewal application submitted without the

Supplement will cause a delay in processing and the application may be denied.

Any questions pertaining to the PWCR process can be emailed to pwcr@dol.nj.gov.

All contractors are advised that Instructions to Bidders beginning on page 4 of this document through page 46 supersede any AIA Documents that may be included and or referenced in the bid package.

mailto:pwcr@dol.nj.gov

LEGAL NOTICE

Separate SEALED BIDS will be received by the Purchasing Agent of the County of Morris on June 28, 2024 at 11:00am, Eastern

Standard Time in the Office of Purchasing, Morristown, New Jersey for the respective project as follows:

DECOMMISSIONING AND REMOVAL SERVICES IN CONNECTION WITH THE

MORRIS COUNTY IMPROVEMENT AUTHORITY’S 2009 RENEWABLE ENERGY

PROGRAM

There will be PRE-BID SITE VISITS scheduled as follows:

o West Morris Central High School (West Morris BOE) : June 11, 2024 at 11 a.m.

o Brooklawn Middle School (Parsippany BOE): June 12, 2024 at 11 a.m.

o Boonton High School, John Hill School, and School Street School (Boonton BOE): June 13, 2024 at 11 a.m., starting at Boonton High School

Please refer to the bid documents for further information. Your attendance is HIGHLY RECOMMENDED.

Bids are available for downloading FOR FREE from http://www.morriscountybidsystem.com/, or may be picked up on or after June 7, 2024 at the Morris County Purchasing Division, 10 Court Street, Morristown, during regular business hours. The County of Morris shall not be responsible for full or partial sets of Contract Documents, including addenda, obtained from any other source.

Bids shall be enclosed in a sealed envelope addressed to the County of Morris and marked with the name and address of the bidder and the Contract Title and Number. Each bid must be accompanied by a certified check, cashier’s check or bid bond in the amount of ten percent (10%) (not to exceed $20,000.00) of the total bid, payable to the County of Morris, as a guarantee that if the contract is awarded to the bidder they will enter into a contract and provide the necessary bonds, and insurance as required by the County and the Division of Risk Management.

Bid proposals shall be delivered to the Purchasing Agent either in person at the hour designated, or previous thereto, by delivery or mail, at the Morris County Purchasing Division, Room 517, 5th Floor, Administration & Records Building, PO Box 900, Morristown, New Jersey, 07963 0900. No bids shall be accepted after the designated time, and Morris County will not assume responsibility for bids forwarded by mail or delivery service, nor any other conveyance.

Bidders are required to comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1 et seq.

The successful bidder will be required to furnish a Performance Bond, Payment Bond and Maintenance Bond as specified in the Contract

Documents. EACH BID MUST BE ACCOMPANIED WITH A CONSENT OF SURETY which states that the surety company will provide the Bidder with the performance bond specified in the Contract Documents in the event the Bidder is awarded the Contract.

The vendor shall maintain all documentation related to products, transactions or services under this contract for a period of five (5) years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon request.

Anthony Aponte

Purchasing Agent

The County of Morris

A bid review and provision of unit prices will be posted online once available.

Bidders are encouraged to MAIL in bids and responses. If they must be hand delivered, the County of Morris has a drop box located outside of the Purchasing Office, 5th Floor of the Administration and Records Building, 10 Court Street, Morristown, New Jersey.

We thank you for your understanding and cooperation.

TABULATION SHEET: Available on Bidnet within one (1) week AFTER close of bid. Award of contract by the Morris County

Improvement Authority will be made within 60 days.

Instructions to Bidders and Statutory Requirements

1) SUBMISSION OF BIDS

A. Sealed bids shall be received by the County of Morris, hereinafter referred to as “County,” in accordance with public advertisement as required by law, with a copy of said Legal Notice being attached hereto and made a part of these specifications.

B. Sealed bids will be received by the Purchasing Agent at no later than the submission deadline (“Bid Opening”), as stated in the Legal

Notice to Bidders, and at such time and place will be publicly opened and read aloud.

C. The bid shall be submitted in a sealed envelope: (1) addressed to the County, (2) bearing the name and address of the bidder written on the face of the envelope, and (3) clearly marked “BID” with the contract title and/or bid # being bid.

D. An individual bidder cannot submit multiple bids, nor can an agent represent and submit bids for multiple competitive bidders.

E. It is the bidder’s responsibility that bids are presented to the County at the time and at the place designated. Bids may be hand delivered or mailed; however, the County disclaims any responsibility for bids forwarded by regular or overnight mail. If the bid is sent by express mail service, the designation in sub-section C, above, must also appear on the outside of the express mail envelope.

Bids received after the designated time and date will be returned unopened.

F. Sealed bids forwarded to the County before the time of opening of bids may be withdrawn upon written application of the bidder who shall be required to produce evidence showing that the individual is or represents the principal or principals involved in the bid. Once bids have been opened, they shall remain firm for a period of sixty (60) calendar days.

G. N.J.S.A. 40A:11-23.3 authorizes a bidder to request withdrawal of a public works bid due to a mistake on the part of the bidder.

A mistake is defined by N.J.S.A. 40A:11-2(42) as a clerical error that is an unintentional and substantial computational error or an unintentional omission of a substantial quantity of labor, material, or both, from the final bid computation.

A bidder claiming a mistake under N.J.S.A. 40A:11-23.3 must submit a request for withdrawal, in writing, by certified or registered mail. The request must be delivered in writing to the Purchasing Agent in no more than five (5) business days from the bid opening date.

H. All prices and amounts must be written in ink or preferably machine-printed. Bids containing any conditions, omissions, unexplained erasures or alterations, items not called for in the bid proposal form, attachment of additive information not required by the specifications, or irregularities of any kind, may be rejected by the County. Any changes, whiteouts, strikeouts, etc. in the bid must be initialed in ink by the person signing the bid.

I. Each bid proposal form must be submitted upon the bid proposal form included in these documents complete with the full business address, business phone, fax, e-mail if available, the contact person of the bidder, and be signed by an authorized representative as follows:

• Bids by partnerships must furnish the full name of all partners and must be signed in the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and designation of the person signing.

• Bids by corporations must be signed in the legal name of the corporation, followed by the name of the State in which incorporated and must contain the signature and designation of the president, secretary or other person authorized to bind the corporation in the matter.

• Bids by sole-proprietorship shall be signed by the proprietor.

• When requested, satisfactory evidence of the authority of the officer signing shall be furnished.

J. Bidder should be aware of the following statutes that represent “Truth in Contracting” laws:

• 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.

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

• 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.

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

K. Pay-to-Play Disclosure - 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.

2) BID SECURITY AND BONDING REQUIREMENTS

The following provisions indicated by an (X) on the submission checklist, shall be applicable to this bid and made a part of the bid documents:

A. BID GUARANTEE

Bid guarantees are required pursuant to N.J.S.A. 40A:11-21. 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 bid price not to exceed $20,000, payable unconditionally to the COUNTY

OF MORRIS. A sample bond form is found herein. When submitting a bid bond, it shall contain power of attorney for full amount of the bid bond from a surety company authorized to do business in the State of New Jersey and acceptable to the County. The check or bond of the unsuccessful bidder(s) shall be returned pursuant to N.J.S.A. 40A:11-24(a). 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. The check or bond of the successful bidder shall be forfeited if the bidder fails to enter into a contract pursuant to

N.J.S.A. 40A:11-21. Please refer to the legal notice for specific direction before obtaining the bid bond.

NOTE: Failure to submit a bid guarantee shall result in an immediate and incurable rejection of bid.

NOTE: AIA Bond documents are not acceptable; presenting such shall result in rejection of the bid.

NOTE: Bid Bonds that contain the following language: “shall pay the Obligee the difference…” are unacceptable, the law is 10% of the bid amount not to exceed $20,000.00.

B. CONSENT OF SURETY

Bidder shall submit with the bid a consent of surety (form included herein on page 29), with power of attorney for full amount of the bid price from a surety company authorized to do business in the State of New Jersey and shall conform to P.L. 1995 c.384, codified as N.J.S.A. 2A:44-143, 144. The Surety Disclosure Statement and Certification required by N.J.S.A. 2A: 44-143, 144, shall be attached to the consent of surety. The consent and surety must be acceptable to the County, and shall state that the surety 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 an acceptable surety company 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 N.J.S.A. 40A:11-22. Failure to submit a consent of surety form shall result in rejection of the bid.

C. PERFORMANCE BOND

Bidder shall simultaneously with the delivery of the executed contract, submit an executed performance bond in the amount of one hundred percent (100%) of the acceptable bid as security for the faithful performance of this contract. Unless otherwise directed in writing by the County, failure to submit this with the executed contract shall be cause for declaring the contract null and void pursuant to N.J.S.A. 40A:11-22.

The performance bond provided shall not be released until final acceptance of the whole work and then only if any liens or claims have been satisfied. The surety on such bond or bonds shall be a duly authorized surety company authorized to do business in the

State of New Jersey pursuant to N.J.S.A. 17:31-5.

D. LABOR AND MATERIAL (PAYMENT) BOND

Bidder shall, with the delivery of the performance bond, submit an executed payment bond to guarantee payment to laborers and suppliers for the labor and material used in the work performed under the contract. Failure to submit a labor and material bond with the performance bond shall be cause for declaring the contract null and void.

http://www.elec.state.nj.us/

E. MAINTENANCE BOND

Upon acceptance of the work by the County, the contractor shall submit a maintenance bond (N.J.S.A. 40A:11-16.3) in an amount not to exceed 10% of the project costs guaranteeing against defective quality of work or materials for the period of two (2) years.

F. EXECUTION OF CONTRACT; DAMAGES FOR FAILURE TO ENTER INTO CONTRACT

A bidder to whom a contract is awarded (the “Successful Bidder” or “Contractor”) shall execute and deliver the contract within ten (10) days after the contract is presented to the bidder for execution. If the Successful Bidder shall fail to do so, the Successful Bidder shall be deemed to have abandoned the contract and thereupon the proposal and its acceptance may be declared null and void by the County and the amount of the certified check or cashier’s check or bid bond accompanying the bid as bid security shall be due and payable to the

County as liquidated damages, provided, however, that such damages shall not exceed the difference between the amount bid and the amount which the County may be obligated to pay to the person to whom the contract may afterwards be awarded, the amount in each case to be determined by the bids.

G. LIQUIDATED DAMAGES

It is hereby understood and mutually agreed, by and between the Successful Bidder and the County that the dates of commencement, rate of progress, and substantial completion of the various phases of the work to be performed hereunder are essential conditions of the contract. The Successful Bidder unconditionally agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such a rate of progress as will insure full completion of each phase of work thereof within the time or by the dates as stipulated. It is expressly understood and agreed, by and between the Successful Bidder and County, that the time for the completion of the work described herein is a reasonable time for its completion. If the said Successful Bidder shall neglect, fail, or refuse to complete each phase of work within the time herein specified, then the Successful Bidder does hereby agree, as a part consideration for the awarding of the contract, to pay to the County, not as a penalty, but as liquidated damages to the County including the effect of the delay, public convenience and economic development of the County, and additional costs to the County for engineering, inspection, and administration of the contract. Payment shall be as calculated below, per day for each and every day, Sundays and holidays excluded, that the Successful

Bidder shall be in default after the time stipulated in the Contract for the completion of the project.

Total Liquidated Damages $1500.00 per day

H. MANDATORY CONSTRUCTION CONTRACT DISPUTE PROCEDURES – N.J.S.A. 40A:11-50

All construction disputes arising under the contract shall be submitted to mediation pursuant to the rules and regulations of the American

Arbitration Association or to such other mediator as shall be mutually agreed upon. The cost for mediation shall be split between the parties.

3) INTERPRETATION, ADDENDA AND DISCREPANCIES

A. The bidder understands and agrees that its bid is submitted on the basis of the specifications prepared by the County. The bidder accepts the obligation to become familiar with these specifications. The laws and guidelines identified within the instructions, front-end documents and forms, are not to be superseded by any similar or contradicting guidelines found within the technical specification portion.

B. Bidders are expected to examine the specifications and related bid documents with care and observe all their requirements.

Ambiguities, errors, or omissions noted by bidders should be promptly reported in writing to the appropriate official. Any prospective bidder who wishes to challenge a bid specification shall file such challenges in writing with the contracting agent no less than three

(3) business days prior to the opening of the bids.

Challenges filed after that time shall be considered void and having no impact on the contracting unit or the award of a contract pursuant to N.J.S.A. 40A:11-13. In the event the bidder fails to notify the County of such ambiguities, errors or omissions, the bidder shall be bound by the requirements of the specifications and the bidder’s submitted bid.

C. No oral interpretation and or clarification of the meaning of the specifications will be made to any bidder. Such request shall be in writing, addressed to Anthony Aponte, QPA, aaponte@co.morris.nj.us, with a copy to Matthew D. Jessup, Esq. at mjessup@msbnj.com. In order to be given consideration, a written request must be received no later than June 14, 2024 at 3:00 p.m.

All interpretations, clarifications and any supplemental instructions will be in the form of written addenda to the specifications, and will be distributed to all prospective bidders. All addenda so issued shall become part of the specification and bid documents, and shall be acknowledged by the bidder in the bid. The County’s interpretations or corrections thereof shall be final. When issuing addenda, the County shall provide the required seven (7) business days’ notice (Saturdays, Sundays and holidays excepted) prior to mailto:aaponte@co.morris.nj.us mailto:mjessup@msbnj.com the official receipt of bids to any person who has submitted a bid or who has received a bid package pursuant to N.J.S.A. 40A:11-

23(c)(1).

D. Discrepancies in Bids

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

2. 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 County of the extended totals shall govern.

3. In the event that guidelines presented in this the boilerplate section conflict with the technical or supplemental specifications section, then the stricter of the two shall prevail, unless otherwise directed by applicable New Jersey statutes.

E. Pre-Bid Site Visit

Pre-bid site visits will be held as follows:

o West Morris Central High School (West Morris BOE) : June 11, 2024 at 11 a.m.

o Brooklawn Middle School (Parsippany BOE): June 12, 2024 at 11 a.m.

o Boonton High School, John Hill School, and School Street School (Boonton BOE): June 13, 2024 at 11 a.m., starting at Boonton High School

Attendance is not mandatory, but is strongly recommended. Failure to attend does not relieve the bidder of any bid requirements.

4) PRICING INFORMATION FOR PREPARATION OF BIDS

A. The County is exempt from any local, state or federal sales, use or excise tax.

B. Contractor shall be responsible for obtaining any applicable permits or licenses from any government entity that has jurisdiction to require the same. All bids submitted shall have included this cost. Any County fees shall be waived.

C. Any price change (including “white-outs”) must be initialed to ensure bidder responsibility for such changes. Failure to initial price changes shall preclude a contract award from being made to the bidder.

5) VALUE ENGINEERING

In accordance with and subject to the provisions of N.J.S.A. 40A:11-16.6, the contractor may submit a value engineering construction change order for contracts equal to or greater than $5,000,000.

6) CONDITIONS

The Morris County Chief Financial Officer has certified that funds are available for this expenditure (N.J.S.A. 5:30-5.1 et seq.). All

County contracts are subject to budget appropriations and funding availability. Where circumstances and/or the needs of the County significantly change, or the contract is otherwise deemed no longer to be in the public interest, the County may modify quantities or terminate a contract entered into as a result of this bid, upon no less than thirty (30) days’ notice to the vendor.

Each fiscal year payment obligation of the County is conditioned upon the availability of 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 County hereunder, whether in whole or in part, the County at the end of any particular fiscal year may terminate such services. The County 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 County to terminate this agreement during the term, or any service hereunder, merely in order to acquire identical services from a third-party contractor.

The Contractor agrees to comply with the terms and conditions of the scope of work and specifications herein, and the Contractor’s

Bid proposal, which are incorporated herein and made part hereof, and to faithfully perform the obligations therein to furnish and deliver the good or service listed above.

The award of this contract is subject to the approval of the Morris County Improvement Authority by resolution and such resolution will be prepared and presented to the Board at its regularly scheduled meeting. This contract becomes binding and effective upon adoption by resolution of the Morris County Improvement Authority.

7) STATUTORY AND OTHER MANDATORY REQUIREMENTS

A. SEE BID DOCUMENT CHECKLIST

B. ADDITIONAL REQUIREMENTS FOR SUCCESSFUL BIDDER

1. The Successful Bidder agrees to comply with the provisions of the Occupational Safety and Health Act of 1970 (“OSHA”) and the standards and regulations issued thereunder and certifies that all the items furnished, and all activities conducted by the Successful Bidder or his designee on County premises shall comply with the provisions of this law. The Successful

Bidder further agrees to indemnify and hold harmless the County for all claims and damages assessed against the County as a result of the Successful Bidder’s failure to comply with the provisions of OSHA and the standards and regulations thereunder.

2. The Successful Bidder and the County shall follow the requirements of N.J.S.A. 2A:30A-1 et seq., known as the Prompt

Payment Act, which establishes timing standards for the payment of bills both public and private sector organizations for a wide range of construction-related contractors.

C. INSURANCE REQUIREMENTS FOR THE SUCCESSFUL BIDDER:

Insurance requirements for the Successful Bidder shall be in accordance with the information provided on the pages that follow.

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INSURANCE REQUIREMENTS FOR CONTRACTORS

The following are minimum, basic coverages and limits which must be furnished if a Contractor or Vendor is to be acceptable to the County of Morris. The County reserves the right to make additional requirements based on the project.

Final approval, including any final changes, must be approved by the Insurance Fund Administrator through the Office of

Risk Management.

Insurance Requirements for Vendors & Suppliers Working on Premises

I. Protection of Persons and Property

The Contractor shall protect all materials and equipment for which he is responsible, which is stored at the project site for incorporation in the work, or which has been incorporated into the work. He shall replace all materials and equipment which may be lost, stolen or damaged at his expense, whether or not such materials or equipment have entirely or partially been paid for by the County.

II. Insurance

a) The Contractor, prior to commencing work, shall provide at his own cost and expense, the following insurance to the County of Morris with insurance companies with an AM Best Rating of A- or better and licensed in the State of New

Jersey, which insurance shall be evidenced by Certificates and/or policies as determined by the County of Morris. Each

Certificate or policy shall require that a thirty-day (30) notice shall be given to the Purchasing Agent of the County of Morris by registered mail, return receipt requested, if any policy or any individual coverage is altered or cancelled, and for all of the following stated insurance policies. All such notices shall name the Contractor and identify the contract and project number if applicable. Certificates of Insurance shall be delivered to the Purchasing Agent of the County of Morris, prior to the commencement of the project. All Certificates of Insurance shall state that the “County of Morris is an additional insured” for this contract.

b) Worker’s Compensation and Employer’s Liability Insurance

The Contractor shall provide proof of Worker’s Compensation Insurance and be in compliance with the Compensation Law of the State of New Jersey. In the event any work is sublet, the Contractor shall require the Subcontractor similarly to provide Worker’s Compensation Insurance for all of the latter’s employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor’s Worker’s Compensation Insurance. Employer’s

Liability: Limit of liability shall be a minimum of $500,000.

c) General Liability

The Contractor shall provide Comprehensive General Liability Insurance with a combined single limit of $1,000,000 each claim and a $3,000,000 aggregate for bodily injury and property damage. A “claims made” policy is not acceptable. This insurance shall indicate on the Certificate of Insurance the following coverages.

• Premises

• Operations

• Use of Independent Contractors and Subcontractors

• Products and Completed Operations

• Broad Form Contractual

• Broad Form Property Endorsement

• Fire Legal Liability, $100,000

The insurance required under this section shall protect the Contractor and his Subcontractor(s), respectively, against damage claims which may arise from operations under this contract whether such operations are by the Insured or by anyone directly or indirectly employed by the Contractor and also against any of the special hazards which may be encountered in the performance of this contract.

When such special hazards are encountered, the above coverages shall be provided with the elimination of the XCU exclusion from the policy or otherwise submit proof that XCU is covered.

d) Automobile Liability (if transit to any Morris County office location is required)

Automobile liability insurance, with a combined single limit of liability per occurrence of $1,000,000 for bodily injury, property damage.

This insurance shall include bodily injury and property damage with the following coverage.

• Owned Automobiles

• Hired Automobiles

• Non-owned Automobiles

e) Additional Insurance Requirements

All policies and Certificates of Insurance shall be approved by the County of Morris, Division of Risk Management prior to the inception of any work and shall contain the following:

• Insurers shall have no right of recovery or subrogation against the County of Morris, including its Agents and

Agencies, it being the intention of the parties that the insurance policies so affected shall protect the parties and be primary coverage for any and all losses covered by the above described insurance.

• The insurance companies issuing the policy or policies shall have no recourse against the County of Morris including their Agents and Agencies as aforesaid for payment of any premiums or for assessments under any form of policy.

• The Contractor shall assume all responsibility for loss or damage to Contractor’s materials, equipment and machinery involved under the contract.

• The Contractor shall assume all responsibility to save the County of Morris harmless from any loss or damage to all materials, equipment and machinery involved under this contract

• All Certificates of Insurance shall state that the County of Morris is carried as “an additional insured” for the purposes of the contract, and shall include Forms CG 2010 and CG 20 37 attached, or their equivalent as determined solely by the Morris County Risk Manager.

f) Professional Liability (as applicable)

The Contractor shall provide a copy of a certificate verifying coverage of professional liability insurance applicable to services to be rendered under this agreement with limits of $1,000,000 each claim and a $3,000,000.

g) Indemnification

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

(including a claim by an employee of the Contractor) regardless of whether it is caused in part by a party indemnified hereunder.

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

h) Insurance Requirements for Demolition Projects (when pertaining to the bid)

The Contractor bidding this County demolition project agrees and certifies that they will provide all of the insurance requirements, including endorsements requested, and they will fully adhere to the Indemnity Agreement included in this bid and contract, if awarded, without the addition of any other party except another County of Morris agency which may be a party to this project. No other outside parties will be accepted as additional insured on the endorsements requested.

i) Subject to Final Approval by the Insurance Fund Administrator

The Contractor, prior to commencing work, shall provide at his own cost and expense, the following insurance to the County of Morris with insurance companies licensed in the State of New Jersey, which insurance shall be evidenced by Certificates and/or Policies as determined by the County. Each Certificate or Policy shall require that thirty (30) days prior to cancellation or material change in the policies, notice thereof shall be given to the County Administrator by registered mail, return receipt requested, and for all of the following State insurance policies. All such notices shall name the Contractor, and identify the contract number. Certificates of Insurance shall be delivered to the Office of Risk Management and the

County Purchasing Agent prior to the commencement of the project. All Certificates of Insurance shall state that the County of Morris is carried as an additional insured for this contract, as confirmed by attached endorsements (Forms CG 2010 and

CG 2037, or insurance equal).

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POLICY NUMBER: COMMERCIAL GENERAL LIABILITY

CG 20 10

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS SCHEDULED PERSON OR

ORGANIZATION

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE

A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above.

B. With respect to the insurance afforded to these additional insured’s, the following additional exclusions apply:

This insurance does not apply to “bodily injury” or “property damage” occurring after:

1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or

2. That portion of “your work” out of which the injury or damage arises has been put to its intended use by any person or organization other than another Contractor or Subcontractor engaged in performing operations for a principal as a part of the same project.

Name of Additional Insured Person (s)

Or Organization (s):

Locations of Covered Operations

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

POLICY NUMBER: COMMERCIAL GENERAL LIABILITY

CG 20 37

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS – COMPLETED

OPERATIONS

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE

A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for “bodily injury” or “property damage” caused, in whole or in part, by “your work” at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the “products-completed operations hazard”.

However:

1. The insurance afforded to such additional insured only applies to the extent permitted by law; and

2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.

B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits of

Insurance:

If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance:

1. Required by the contract or agreement; or

2. Available under applicable Limits of Insurance shown in the Declarations;

whichever is less.

This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.

Name of Additional Insured Person (s)

Or Organization (s):

Location and Description of Completed Operations

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

ADDITIONAL STATUTORY REQUIREMENTS APPLICABLE TO THE CONTRACT

N.J.S.A. 40A:11-19.1 Payment of interest by contracting unit; definitions

2. A contracting unit, as defined in section 2 of P.L.1971, c.198 (C.40A:11-2), shall pay interest on the amount due a business concern pursuant to a properly executed invoice, when required, if the required payment is not made on or before the required payment date.

Unless otherwise provided for in the contract, the required payment date shall be 60 calendar days from the date specified in the contract or if no required payment is specified in the contract, then the required payment date shall be 60 calendar days from the receipt of a properly executed invoice, or 60 calendar days from the receipt of goods or services, whichever is later. Interest shall not be paid unless goods and services are rendered.

Interest on amounts due shall be paid to the business concern for the period beginning on the day after the required payment date and ending on the date on which the check for payment is drawn.

Interest shall be paid at the rate specified by the State Treasurer for State late payments to business concerns pursuant to section 4 of P.L.1987, c.184 (C.52:32-35).

Interest may be paid by separate payment to a business concern, but shall be paid within 30 days of the late payment.

A contracting unit may waive the interest payment for a delinquency due to circumstances beyond the control of the contracting unit, including but not limited to a strike or natural disaster.

As used in this section, “business concern” means any person engaged in a trade or business, including a private nonprofit entity operating as an independent contractor, providing goods or services directly to a contracting unit or to a designated third party and operating pursuant to a contract with a contracting unit which requires either a single payment or multiple payments, but shall not include a “public utility” as defined in R.S.48:2-13.

L.2018, c.127, s.2.

Provisions Concerning Changed Conditions in Construction Contracts

(N.J.S.A. 40A:11-16.7)

A. If the contractor encounters differing site conditions during the progress of the work of the contract, the contractor shall promptly notify the contracting unit in writing of the specific differing site conditions encountered before the site is further disturbed and before any additional work is performed in the impacted area.

B. Upon receipt of a differing site conditions notice in accordance with paragraph (1) of this subsection, or upon the contracting unit otherwise learning of differing site conditions, the contracting unit shall promptly undertake an investigation to determine whether differing site conditions are present.

C. If the contracting unit determines different site conditions that may result in additional costs or delays exist, the contracting unit shall provide prompt written notice to the contractor containing directions on how to proceed.

D. (a) The contracting unit shall make a fair and equitable adjustment to the contract price and contract completion date for increased costs and delays resulting from the agreed upon differing site conditions encountered by the contractor.

(b) If both parties agree that the contracting unit’s investigation and directions decrease the contractor’s costs or time of performance, the contracting unit shall be entitled to a fair and equitable downward adjustment of the contract price or time of performance.

(c) If the contracting unit determines that there are no differing site conditions present that would result in additional costs or delays, the contracting unit shall so advise the contractor, in writing, and the contractor shall resume performance of the contract, and shall be entitled to pursue a differing site condition claim against the contracting unit for additional compensation or time attributable to the alleged differing site conditions.

E. Execution of the contract by the contractor shall constitute a representation that the contractor has visited the site and has become generally familiar with the local conditions under which the work is to be performed.

F. As used in this subsection, “differing site conditions” mean physical conditions at the contract work site that are subsurface or otherwise concealed and which differ materially from those indicated in the contract documents or are of such an unusual nature that the conditions differ materially from those ordinarily encountered and generally recognized as inherent in the work of the character provided for in the contract.

b. A contract subject to this section shall include the following suspension of work provisions:

(1) The contracting unit shall provide written notice to the contractor in advance of any suspension of work lasting more than 10 calendar days of the performance of all or any portion of the work of the contract.

(2) If the performance of all or any portion of the work of the contract is suspended by the contracting unit for more than 10 calendar days due to no fault of the contractor or as a consequence of an occurrence beyond the contracting unit’s control, the contractor shall be entitled to compensation for any resultant delay to the project completion or additional contractor expenses, and to an extension of time, provided that, to the extent feasible, the contractor, within 10 calendar days following the conclusion of the suspension, notifies the contracting unit, in writing, of the nature and extent of the suspension of work. The notice shall include available supporting information, which information may thereafter be supplemented by the contractor as needed and as may be reasonably requested by the contracting unit. Whenever a work suspension exceeds 60 days, upon seven days’ written notice, either party shall have the option to terminate the contract for cause and to be fairly and equitably compensated therefor.

(3) Upon receipt of the contractor’s suspension of work notice in accordance with paragraph (2) of this subsection, the contracting unit shall promptly evaluate the contractor’s notice and promptly advise the contractor of its determination on how to proceed in writing.

(4) (a) If the contracting unit determines that the contractor is entitled to additional compensation or time, the contracting unit shall make a fair and equitable upward adjustment to the contract price and contract completion date.

(b) If the contracting unit determines that the contractor is not entitled to additional compensation or time, the contractor shall proceed with the performance of the contract work, and shall be entitled to pursue a suspension of work claim against the contracting unit for additional compensation or time attributable to the suspension.

(5) Failure of the contractor to provide timely notice of a suspension of work shall result in a waiver of a claim if the contracting unit can prove by clear and convincing evidence that the lack of notice or delayed notice by the contractor actually prejudiced the contracting unit’s ability to adequately investigate and defend against the claim.

c. A contract subject to this section shall include the following change in character of work provisions:

(1) If the contractor believes that a change directive by the contracting unit results in a material change to the contract work, the contractor shall so notify the contracting unit in writing. The contractor shall continue to perform all work on the project that is not the subject of the notice.

(2) Upon receipt of the contractor’s change in character notice in accordance with paragraph (1) of this subsection, the contracting unit shall promptly evaluate the contractor’s notice and promptly advise the contractor of its determination on how to proceed in writing.

(3) (a) If the contracting unit determines that a change to the contractor’s work caused or directed by the contracting unit materially changes the character of any aspect of the contract work, the contracting unit shall make a fair and equitable upward adjustment to the contract price and contract completion date. The basis for any such price adjustment shall be the difference between the cost of performance of the work as planned at the time of contracting and the actual cost of such work as a result of its change in character, or as otherwise mutually agreed upon by the contractor and the contracting unit prior to the contractor performing the subject work.

(b) If the contracting unit determines that the contractor is not entitled to additional compensation or time, the contractor shall continue the performance of all contract work and shall be entitled to pursue a claim against the contracting unit for additional compensation or time attributable to the alleged material change.

(4) As used in this subsection, “material change” means a character change which increases or decreases the contractor’s cost of performing the work, increases or decreases the amount of time by which the contractor completes the work in relation to the contractually required completion date, or both.

d. A contract subject to this section shall include the following change in quantity provisions:

(1) The contracting unit may increase or decrease the quantity of work to be performed by the contractor.

(2) (a) If the quantity of a pay item is cumulatively increased or decreased by 20 percent or less from the bid proposal quantity, the quantity change shall be considered a minor change in quantity.

(b) If the quantity of a pay item is increased or decreased by more than 20 percent from the bid proposal quantity, the quantity change shall be considered a major change in quantity.

(3) For any minor change in quantity, the contracting unit shall make payment for the quantity of the pay item performed at the bid price for the pay item.

(4) (a) For a major increase in quantity, the contracting unit or contractor may request to renegotiate the price for the quantity in excess of 120 percent of the bid proposal quantity. If a mutual agreement cannot be reached on a negotiated price for a major quantity increase, the contracting unit shall pay the actual costs plus an additional 10 percent for overhead and an additional 10 percent for profit, unless otherwise specified in the original bid.

(b) For a major decrease in quantity, the contracting unit or contractor may request to renegotiate the price for the quantity of work performed. If a mutual agreement cannot be reached on a negotiated price for a major quantity decrease, the contracting unit shall pay the actual costs plus an additional 10 percent for overhead and an additional 10 percent for profit, unless otherwise specified in the original bid; provided, however, that the contracting unit shall not make a payment in an amount that exceeds 80 percent of the value of the bid price multiplied by the bid proposal quantity.

(5) As used in this subsection, the term “bid proposal quantity” means the quantity indicated in the bid proposal less the quantities designated in the project plans as “if and where directed.

BID DOCUMENT CHECKLIST

Required

With

Bid

Read, Signed

& Submitted

Bidder’s

Initial

A. FAILURE TO SUBMIT ANY OF THESE ITEMS WITH BID IS MANDATORY

CAUSE FOR REJECTION OF BID

BID PROPOSAL FORM, signed

Statement of Ownership Disclosure

Acknowledgement of Receipt of Addenda

Bid Guarantee (bid bond or certified/cashier’s check) with Power of Attorney

(use enclosed Bid Bond Form or Documents provided by Bond Company)

Consent of Surety (Certificate from Surety company or use form enclosed)

Subcontractor Identification (as required by N.J.S.A. 40A:11-16)

B. MANDATORY ITEM(S), REQUIRED NO LATER THAN TIME PERIOD

INDICATED

Business Registration Certificate – Bidder (Preferred with response, but effective at contract award)

Business Registration Certificate – Designated Subcontractor(s) (Preferred with response, but effective at contract award)

Public Works Contractor Registration Certificate(s) for the Bidder and Designated

Subcontractors (Preferred with response, but effective at contract award)

Prevailing Wage Compliance Declaration (TO ACCOMPANY SEALED BID)

Performance Bond (Required with signed contracts)

Payment Bond

Maintenance Bond (Required at project completion – 10% of total project, 24 months)

Three (3) references for similar projects (TO ACCOMPANY SEALED BID)

Insurance Documents including Endorsements (with signed contract)

Certification of Available Equipment

Americans With Disability Act of 1990 Language (ACCOMPANY SEALED BID)

New Jersey Anti-Discrimination (ACCOMPANY SEALED BID)

Required Evidence EEO/Affirmative Action Compliance

Statement of Bidders Responsibility

Bidders Affidavit

Responsible Contractor and Subcontractor Policy Certification

Debarment List Affidavit

Non-Collusion Affidavit

Lowest Responsible Bidder by 10% or More Certification of Prevailing Wage Rates &

Acknowledgement of Penalties Form P.L.2021, c.301 (Preferred with response, but prior to contract award)

C. OTHER ITEM(S)

License(s) or Certification(s) Required by…