Bid 23R-10 ACE SBDI Trade Ally RFB.pdf

Cape May RFB for Energy Efficiency

Improvements Issued November 29 2023

REQUEST FOR BIDS:

FOR ENERGY EFFICIENCY IMPROVEMENTS THROUGH THE

ATLANTIC CITY ELECTRIC SMALL BUSINESS DIRECT

INSTALL PROGRAM RE-BID

CONTRACT # 23R-10

ISSUED BY THE:

THE CITY OF CAPE MAY

DATE OF ISSUANCE: November 29, 2023

LAST DATE FOR QUESTIONS/COMMENTS: December 4, 2023, by 4:00 p.m.

EST BID SUBMISSIONS DUE: December 8, 2023, no later than 10:00 a.m. EST

Improvements Issued November 29, 2023

NOTICE TO BIDDERS

Request for Bids for Energy Efficiency Improvements through the Atlantic City

Electric Small Business Direct Install Program

Contract # 23R-10

PLEASE TAKE NOTICE that the City of Cape May (“Cape May”) is seeking bid proposals for Energy

Efficiency Improvements at Cape May Convention Hall located at 714 Beach Ave. in Cape May, New Jersey

(the “Facility”).

Bids will be received electronically on:

December 8, 2023, at 10:00 a.m. EST

Bids must be submitted electronically, in accordance with the instructions set forth in the RFB.

Cape May would like to participate in the Atlantic City Electric (“ACE”) Small Business Direct Install

(“SBDI”) program. The New Jersey Department of Community Affairs (“DCA”) requires municipalities to procure the services of a Direct Install Trade Ally through a bid process.

Cape May is seeking an ACE-qualified Trade Ally to perform a no-cost, on-site energy assessment and provide customized recommendations with detailed cost estimates for energy efficiency upgrades through the ACE SBDI. The selected Trade Ally will be responsible for the energy assessment, final pricing proposal, executing a service agreement, the installation of all selected energy efficiency projects and upgrades, as well as ensuring the projects meet all SBDI program requirements to be eligible for the maximum incentive amount available. Cape May will evaluate the bids and determine the lowest responsible bidder in accord with NJSA 40A:11-4a.

RFB packages will be available starting on November 29, 2023 and bids shall only be obtained and responded to including all addenda through the City of Cape May’s e-procurement platform located at: www.bidnetdirect.com//capemaycity. Questions concerning the RFB can be submitted by potential Bidders from November 29, 2023, through December 4 2023, by 4:00 p.m. EST as set forth in the RFB.

No bidder may withdraw his bond within 60 days after the actual date of opening.

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 et seq.

Bidders are required to submit a statement of ownership with the bid, in compliance with N.J.S.A.

52:25-24.2 (P.L. 1977, C.33).

Bidder attention is called to the requirements of P.L. 2004, C.57 concerning registration with the State of

New Jersey to do business with local contracting agencies. Proof of registration in the form of a copy of the Business Registration Certificate must be submitted at the time of bid submission by all bidders and named or listed subcontractors.

Federal Labor Standards require that Contractors and Sub‐Contractors pay the higher of the State or Federal

Wage Rates and fringe benefits in effect at the time the contract is signed.

BY ORDER OF THE CITY OF CAPE MAY Erin Burke, City Clerk http://www.bidnetdirect.com/capemaycity

Improvements Issued November 29, 2023

CAPE MAY REQUEST FOR

BIDS November 29, 2023

TABLE OF CONTENTS

A. INTRODUCTION

B. BID DISTRIBUTION LIST

C. FACILITY INFORMATION

D. PRICE / BID FORMAT

E. BIDDERS

F. CONTRACT; EXCEPTIONS

G. QUESTIONS AND COMMENTS / ADDENDA

H. BID SUBMISSION

I. SELECTION AND AWARD PROCESS

J. REQUIRED DOCUMENTS

Appendices:

APPENDIX A BID PROPOSAL PRICING FORM

APPENDIX B REQUIRED SCOPE

APPENDIX C REQUIRED FORMS

Form 1: Ownership Disclosure Form

Form 2: Disclosure of Investigations and Other Actions Involving

Vendor/Bidder Form

Form 3: Disclosure of Investment Activities in Iran

Form 4: Non-Collusion Certification

Form 5: Acknowledgement of Receipt of Addenda

Improvements Issued November 29, 2023

A. INTRODUCTION

The City of Cape May (“Cape May”) is seeking bid proposals for Energy Efficiency Improvements at Cape May Convention Hall located at 714 Beach Ave. in Cape May, New Jersey (the “Facility”).

Cape May, a municipality in Cape May County, New Jersey, is committed to improving the operation and efficiency of the municipally owned facilities. Cape May is planning to participate in the Atlantic City Electric (“ACE”) Small Business Direct Install (“SBDI”) program. The ACE

SBDI program provides incentives for energy efficiency improvements to eligible facilities up to

80% of the total project costs. ACE administers the program through a contracted program manager and qualified Trade Allys. Trade Allys are contractors that have experience with energy efficiency projects such as heating, cooling, and ventilation (“HVAC”), lighting, plumbing, and building control system upgrades. Through the ACE SBDI Trade Allies are required to provide no-cost, on-site energy assessments, cost estimates for recommended energy efficiency improvements, installation services for the selected energy efficiency improvements, and assistance with all ACE SBDI required forms and procedures.

The New Jersey Department of Community Affairs (“DCA”) requires municipalities to procure the services of utility qualified Direct Install Trade Allies (“Bidder”) for the construction of energy efficiency improvements through a request for bid process.

Therefore, Cape May is seeking bid proposals from Bidders who are an ACE-qualified SBDI program Trade Ally to perform an on-site energy assessment and provide a final list of customized recommendations with detailed cost estimates for energy efficiency upgrades through the ACE

SBDI. Cape May and the Trade Ally will agree upon the final list of selected upgrades prior to the start of installation. The selected Trade Ally will be responsible for the energy assessment, measure pricing, executing a service agreement, the installation of all selected energy efficiency upgrades, as well as, ensuring the projects meet all SBDI program requirements to be eligible for the maximum incentive amount available.

Gabel Associates, 417 Denison Street, Highland Park, New Jersey 08904, (732) 296-0770, (the

“Energy Consultant”) is working with the City of Cape May to provide energy consulting services and in that capacity will be assisting Cape May in the administration of this Request for Bids (“RFB”) process.

By participating in this RFB, each Bidder accepts the obligation to become familiar with the RFB documents and any applicable laws. Neither Cape May nor Energy Consultant can provide legal advice to Bidders, nor are any of its officers or agents empowered to waive or modify any legal requirements either verbally or in writing. Bidders with questions regarding legal requirements are strongly advised to consult their own counsel.

Electronic versions of this bid package shall only be obtained and responded to including all addenda through the City of Cape May’s e-procurement platform located at:

www.bidnetdirect.com//capemaycity

Improvements Issued November 29, 2023

B. BID DISTRIBUTION

Bids shall only be obtained and responded to including all addenda through the City of Cape May’s e

-procurement platform located at:

www.bidnetdirect.com//capemaycity

C. FACILITY INFORMATION

The Facility, Cape May Convention Hall located at 714 Beach Ave. in Cape May, New Jersey, is a

20,000-square-foot facility on the promenade constructed in 201. The Facility is available for performing arts concerts, seminars, weddings, and banquets.

List of Existing Building System Equipment*:

• RTU-1: (1) 40-ton AAON gas-fired rooftop unit

• RTU-2: (1) 30-ton AAON gas-fired rooftop unit

• Energy Recovery Ventilator (ERV) -1: (1) 20-ton AAON gas-fired rooftop unit

• Water-cooled heat pumps: (19) <1-6 ton, indoor units

• Boiler: (1) Lochinvar Knight KBN701 700,000 BTU/hr gas-fired

• Cooling Tower (CT): (1) 30-ton closed circuit unit

• All Lighting (non-LED)

• Building Management System

* As previously stated, Bidders are required to perform an energy assessment as part of this project to confirm this list and the equipment details in order to generate a list of recommended energy upgrades.

D. PRICE / BID FORMAT

All bids must be provided on the Bid Proposal Form, Appendix A. Bidders must provide pricing for the minimum required energy efficiency equipment upgrade projects (“Required Scope”) described in Appendix A.

The contract award, if one is made, will be made to the lowest responsible bidder in accord with NJSA

40A:11-4a.

E. BIDDERS

Bidders must provide proof of qualification as an ACE SBDI program in the form of an approval letter from ACE, fully executed Trade Ally agreement, and/or name on ACE Trade Ally list.

F. CONTRACT; EXCEPTIONS

The Bidder shall include the service agreement that will be required to be executed by Cape May for the installation of the SBDI program projects.

Improvements Issued November 29, 2023

G. QUESTIONS AND COMMENTS / ADDENDA

Cape May will accept written questions and comments from November 29, 2023 until 4:00 p.m. EST on December 4, 2023.

All questions and comments must be submitted in writing and shall be sent electronically through the City of Cape May’s e-procurement platform located at: www.bidnetdirect.com//capemaycity

All responses and all other supplements or modifications to this RFB will be by consecutively numbered addendum, which will be provided by email to all Bidders who have been placed on the bid distribution list. Any addenda that is issued will also be posted on Cape May website, which

Bidders should monitor.

Informal clarifications or interpretations will not be issued, nor will questions be answered verbally or individually. All responses to questions raised will be by written addendum. In order to preserve the bidding schedule, questions received after 4:00 p.m. on December 4, 2023 will not be accepted.

Each Bidder shall acknowledge receipt of all addenda in Appendix C, Form 5

(Acknowledgment of Receipt of Addenda), and shall take all addenda into account in preparing its Bid (if applicable).

H. BID SUBMISSION

Cape May will accept bids electronically via the City of Cape May’s e-procurement platform.

All bids must be received at or before the date and time stated in this RFB or duly issued addendum.

Bids shall be submitted the City of Cape May’s e-procurement platform located at:

www.bidnetdirect.com//capemaycity. It is the prospective Bidder’s responsibility to alert

Cape May if you have problems accessing the e-procurement platform prior to the bid submission due date.

Bidders should familiarize themselves with the Bidnet System platform prior to the date of bid submission by logging in with their supplied credentials.

It is the sole responsibility of the Bidder to ensure delivery of the bid to Cape May. Cape May takes no responsibility for lost, missing, or misdirected bids. All bid submissions must include all required documents listed in Section J below.

Bid prices shall be firm for 60 days from the bid due date.

The costs and expenses associated with the preparation of a bid will be at the sole cost and expense of the Bidder. In no event will a Bidder have a claim against Cape May or the Energy Consultant for reimbursement of any such costs or expenses.

Improvements Issued November 29, 2023

I. SELECTION AND AWARD PROCESS

Cape May will evaluate the bids and intends to award to the lowest responsible bidder in accord with NJSA 40A:11-4a.

The award will be made by Cape May Council, if at all, no later than within 60 days of the bid due date. Subject to the lowest responsible bid (N.J.S.A. 40A:11-4a), meeting the specific criteria established by Cape May, the City Manager will designate a winning Bidder and the Energy

Consultant will verbally inform the selected Bidder of the award thereafter. The Energy

Consultant will also send confirmation via email that summarizes the details of the transaction and requests Bidder’s written acknowledgment.

In order to expedite the contracting process, the successful Bidder will be asked to sign the final contract and provide credit security (if applicable) within ten (10) days after contract award.

If an award is made, Cape May will award the Bidder whose bid materially conforms to all requirements of this RFB and is the lowest responsible bidder in accord with NJSA 40A:11-4a. Cape

May reserves the right to reject any and all bids. It likewise reserves the right to waive any minor non-conformity with respect to any bid or any error with respect to the same, which does not constitute a substantial or material departure from general or detailed specifications, in accordance with law.

J. REQUIRED DOCUMENTS

The following documents are required to be included by the Bidder in the bid. Omission of any of the below may cause the bid to be rejected without further consideration.

1) Bid Proposal Form (Appendix A)

2) Proof of Trade Ally Qualification with documentation

3) Ownership Disclosure Form (Appendix C, Form 1)

4) Disclosure of Investigations and Other Actions Involving Bidder Form (Appendix C, Form 2)

5) Disclosure of Investment Activity in Iran (Appendix C, Form 3)

6) Non-Collusion Certification (Appendix C, Form 4)

7) Acknowledgement of Receipt of Addenda (Appendix C, Form 5)

8) Copy of Bidder’s New Jersey Business Registration

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APPENDIX A

BID PROPOSAL PRICING FORM

Submitted by: Date: _______

All bids provided below should represent the estimated price that Cape May will have to pay for the energy efficiency projects included in the Required Scope (Appendix B) and the percentage of that price that is profit for the Bidder.

Measure Estimated Pricing for

Required Scope ($)

Estimated Incentive for the Measure ($)

Rooftop Units (RTU) Replacement

Commercial Water Source Heat

Pumps (WSHP) Replacements

Cooling Tower (CT) Replacement

Building Management System

(BMS) Replacement

Attach specifications/technical information for the equipment upgrades specified in the Required

Scope Appendix B

Bidder’s Profit Percentage:

Bidder’s Signature:

Title:

Bidder’s email:

Improvements Issued November 29, 2023

APPENDIX B

REQUIRED SCOPE

I. General Requirements

The Successful Bidder shall be responsible for all engineering, design services, permits, materials, labor, equipment, tools, supervision, services, and commissioning necessary to replace existing HVAC units with new units for Cape May Convention Hall (“Cape May”) as specified hereinafter, including, but not limited to, the work included in this specification.

The new units should be installed in accordance with all applicable regulations, codes and standards.

Successful Bidder is responsible for review of Cape May electrical infrastructure and for determining the optimum point of interconnection for each new component.

If required, designs shall be signed and sealed by a Professional Engineer, licensed in the

State of New Jersey, who has experience with HVAC systems.

Work associated with the new HVAC equipment installation shall be coordinated by the

Bidder so as to minimize interference with Cape May daily operations.

Work will be permitted during business hours. Business hours of Cape May offices are Monday-Friday 7:00 a.m. to 4:00 pm, or as otherwise agreed to by the parties.

All trash shall be removed at the end of each shift by Bidder.

The Bidder shall adhere to all procedures, limitations, and cautions for the products in the manufacturer’s printed literature.

All work shall be done in a neat and workmanlike manner and shall comply with all local, state, and federal codes.

The Bidder shall leave finished work and work area in a neat, clean condition with no evidence of spillover, construction dust, and/or trash onto adjacent areas.

II. Upgrade Descriptions

1. Rooftop Units (RTU) Replacement

RTU Basis of Design

• RTU-1: AAON RN-030 or equivalent

• RTU-2: AAON RN-030 or equivalent

• ERV-1: AAON RN-020 or equivalent

Improvements Issued November 29, 2023

RTU Minimum Equipment requirements

All systems should be designed for outdoor installation in New Jersey based on annual ambient temperatures ranging from -10° F to 105° F. Supplied equipment must be rated and warranted to withstand and operate under these conditions. Other requirements are as follows:

• Galvanized steel construction, double wall with R-13 foam injected panels

• Interior corrosion protection

• R-410A variable capacity compressors

• Air-cooled condenser and six row evaporator coil

• Polymer e-coated cooling coil

• Natural gas furnace with stainless steel heat exchanger

• Modulating gas heat

• High CFM energy recovery wheel with large bypass damper (ERV-1, RTU-2)

• Economizer with polymer low CFM energy recovery wheel (RTU-1)

• NEMA Premium efficiency motors with VFD on supply, return and exhaust fans

• Two-position actuator (ERV-1)

• Fully modulating actuator – enthalpy limit with CO2 override (RTU-1, RTU-2)

• 4” pleated Merv-8 filter

• Hot gas bypass

• Polymer coated modulating hot gas reheat

• ECM condenser fan with heat pressure control

• Make up air unit controller – CV cool and CV heat

RTU Installation requirements

• Mobilize all equipment and materials on site.

• Isolate all piping, ductwork and electrical wiring.

• Utilize existing control wiring

• Recover existing refrigerant.

• Demolition and removal of existing units

• Furnish and install new roof curb adapters as needed.

• Lift new RTUs onto roof curbs

• Make all necessary mechanical piping, sheet metal, ductwork and electrical wiring connections and tie-ins

• Start-up, test equipment

2. Commercial Water Source Heat Pumps (WSHP) Replacement

Furnish and install water source heat pumps with capacities and characteristics as listed in the specifications below.

WSHP Basis of Design

• Nineteen (19) indoor water source heat pumps as follows:

Basis of Design Capacity (tons) Quantity

Improvements Issued November 29, 2023

Bosch/Florida LV048 4 1

Bosch/Florida LV042 3.5 3

Bosch/Florida LV036 3 2

Bosch/Florida LV030 2.5 1

Bosch/Florida LV024 2 1

Bosch/Florida LV018 1.5 5

Bosch/Florida LV012 1 3

Bosch/Florida LV009 3/4 1

Bosch/Florida ES071 6 2

WSHP Minimum Equipment Requirements

• Heavy gauge galvanized steel construction, with stainless steel drain pans. Painted steel or plastic pans are not acceptable.

• Interior corrosion protection. Interior surfaces shall be line with multi density, coated glass fiber insulation.

• Units shall have a floating compressor or and elastomeric pad between the compressor and base plate to minimize vibrations to the structure

• Units shall have a 1” filter rack with 1” glass fiber filter installed. A 2” thick pleated

MERV 8 or MERV 13 filter is optional

• The fan motor shall be 3-speed, PSC type with thermal overload protection. An electronically commutated motor (ECM) for premium fan efficiency is preferred.

• All units shall use R-410A refrigerant

WSHP Installation Requirements

• Mobilize all equipment and materials on site.

• Isolate all piping, ductwork and electrical wiring.

• Demolition and removal of existing units

• Installation of new units

• Make all necessary mechanical piping, sheet metal, ductwork and electrical wiring connections and tie-ins

• Utilize existing control wiring

• Supply and install piping and ductwork installation

• Start-up, test equipment

3. Cooling Tower (CT) Replacement

Furnish and install a closed-circuit, counterflow, forced draft cooling tower with capacities and characteristics as listed in below.

CT Basis of Design

• Baltimore Aircoil Company, VFL model

CT Minimum Equipment Requirements

All systems should be designed for outdoor installation in New Jersey based on annual ambient

Improvements Issued November 29, 2023 temperatures ranging from 0° F to 105° F. Supplied equipment must be rated and warranted to withstand and operate under these conditions. Other requirements are as follows:

• Galvanized steel panels construction, heavy gauge G-235 with protective coating on all edges

• Interior corrosion protection

• Galvanized steel water basing, heavy gauge G-235 with protective coating on all edges or as an alternative, stainless steel water basin, heavy gauge 304 with protective coating on all edges

• Continuous serpentine coil tubing to be made out of galvanized steel fabricated per

ASME B31.5 standards and pneumatically tested at 375 psig.

• External V-Belt drive centrifugal fans, corrosion resistant materials, heavy duty bearings

• Basin Water Level Control – PVC, balanced piston type make-up valve with plastic float.

CT Installation Requirements

• Mobilize all equipment and materials on site.

• Isolate all piping and electrical wiring.

• Crane setup (if necessary)

• Demolition and removal of existing cooling tower

• Furnish and install new vibration isolation springs.

• Lift and install new cooling tower

• Provide modifications to existing supply and return water piping as necessary. All piping and fittings shall be PVC schedule 80. Provide new isolation valves

• Utilize existing control wiring

• Make all necessary mechanical piping and electrical wiring connections and tie-ins

• Start-up, test equipment

4. Building Management System (BMS) Upgrade

Install new buildings management system with specifications as listed below.

BMS Basis of Design

• Honeywell Niagara (open protocol)

BMS Minimum Equipment Requirements

• Open system, non-proprietary

• Graphical user interface (GUI)

• Multi device system access (computer, phone, tablet etc.)

• Alarm management

• Schedule management

BMS Installation Requirements

• Mobilize all equipment and materials on site.

• Install new electronic actuators and valves for RTU-1, RTU-2, ERV-1, boilers, water

Improvements Issued November 29, 2023 source heat pumps, cooling tower and all HVAC pumps.

• Install new temperature sensors

• Utilize existing control wiring

• Supply and install all electrical and controls wiring as necessary

• Provide graphical interface and web-based access to the BMS

• Supply alarms and trending as required by BMS

• Provide for HVAC shutdown based on life safety duct detectors

• Start-up, test equipment

Documentation

The Successful Bidder will prepare Operating and Maintenance Manual in hard cover binder and electronic copies and deliver to Cape May. As a minimum the binder shall include:

a) A complete set of all approved submittals including shop drawings and product literature.

b) Troubleshooting guidelines.

c) System maintenance schedule and procedures.

d) Contact information for technical assistance and parts ordering.

e) Copy of pertinent permits and inspections.

f) Copies of Startup and Commissioning records and reports

Testing and Commissioning

Before start-up the new HVAC equipment shall be tested and Commissioned by the Successful

Bidder and witnessed by Cape May. The results of all inspections, tests, and subsequent corrective action taken or to be taken shall be documented and provided to Cape May.

Staging Area

Cape May will designate a staging area for the Successful Bidder’s use during construction. If required by Cape May, the Successful Bidder shall install a temporary fence around that area.

Warranty

The Bidder must supply Cape May with all warranty information for equipment and labor.

Regulatory Compliance

The Bidder shall be responsible for obtaining all permits, arranging for all inspections, and for all expenses and fees associated with these activities that are required by any applicable regulatory or other agency. The Bidder shall describe its record of compliance with applicable regulatory requirements.

Engineering Evaluation

Improvements Issued November 29, 2023

The Successful Bidder will be required to submit the first set of preliminary design documents for review and comment by Cape May. Upon receipt, resolution and incorporation of Cape May comments, the Successful Bidder shall submit final design Cape May’s review and approval and

“Issue for Construction”. The Successful Bidder shall guarantee and warranty any or all material and services under these specifications.

Quality Assurance

The Successful Bidder shall store and condition the new equipment and materials in full compliance with the manufacturer’s recommendations. The Bidder shall be fully responsible for the security of materials throughout the equipment installation.

Safety

The Successful Bidder will be responsible for initiating, maintaining and supervising all safety precaution programs in connection with the work. Responsibility to protect and prevent damage to property during removal, relocation or replacement actions rests solely with the Successful Bidder. The Successful Bidder shall restore to its original condition without extra costs to Cape May property that shall be damaged due to the acts or omissions of any employees, agents or subcontractors of the Bidder. Such repairs shall meet the requirements of Cape May. To ensure public safety, the Successful Bidder’s work must be performed as not to affect adjacent active areas, pedestrian and vehicular traffic, existing surfaces and equipment.

The Successful Bidder will be required to adhere to all current COVID-19 related safety measures as defined by Centers for Disease Control & Prevention (CDC) and NJ Department of Health (NJDOH) COVID-19 protection guidance and protocols;

Improvements Issued November 29, 2023

APPENDIX C

REQUIRED FORMS

Improvements Issued November 29, 2023

Applicable to Bid if marked “X” DOCUMENTATION REQUIRED OR REVIEWED

Initials When Due

X Bid Guarantee (Bid Bond or Certified/Cashier’s Check) (with

POA for full amount of Bid Bond)

With Bid

Submission

X Consent of Surety (Certificate from Surety company) With Bid

Submission

X Performance Bond and Labor and Material Payment Bond

(Required from the Awarded Contractor)

At signing of contract

X

Maintenance Bond in the Amount of 100 % for a period indicated in “General Conditions” Required from the Awarded

Contractor Upon Acceptance of Project

Upon

Acceptance of

Project

X Acknowledgement of Receipt of Addenda (To be Completed if Addenda are Issued)

With Bid

Submission

X Ownership Disclosure Form With Bid

Submission

X Named Subcontractors in Bid for Listed Specialty Trades With Bid

Submission

X

Public Works Contractor Registration Certificate(s) for the

Bidder and all Sub Contractors

Prior to Award, but effective at time of bid

X Business Registration Certificate – Bidder and all Sub

Contractors

Prior to

Contract

Award

Non-Collusion Affidavit With Bid

Submission

Experience and Qualifications With Bid

Submission

X Insurance and Indemnification Certificate

Prior to

Contract

Award

X Disclosure of Investment Activities in Iran Form

Prior to

Contract

Award

Improvements Issued November 29, 2023

X Federal debarment Form

Prior to

Contract

Award

X Prevailing Wage Certification (PL 2021, C301)

Prior to

Contract

Award

Equipment Certification With Bid

Submission

X

EEO/AA Form AA-201

After Notice of

Award, Prior to

Signing

Contract

EEO/AA Form AA-302 or Letter of Federal Approval or

Certificate of Employee Information Report

After Notice of

Award, Prior to

Signing

Contract

X Bidder’s Checklist With Bid

Submission

This checklist is provided for bidder’s use in assuring compliance with required documentation; however, it does not include all specifications requirements and does not relieve the bidder of the need to read and comply with the specifications.

Bidder

Name:

Date:

Authorized

Representative:

Signature:

Print Name &

Title:

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FORM 1

FORM 2

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FORM 3

Disclosure of Investment Activities in Iran

Bidder Name: __________________________________________________________

Part 1: Certification

BIDDERS ARE TO COMPLETE PART 1 BY CHECKING EITHER BOX.

Pursuant to Public Law 2021, c. 4, any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest, under penalty of perjury, that neither the person or entity, nor any of its parents, subsidiaries, or affiliates, is identified on the Department of Treasury's Chapter 25 list as a person or entity engaging in investment activities in

Iran. The Chapter 25 list is found on the Division's website at www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf. Bidders must review this list prior to completing the below certification. Failure to complete the certification may render a bidder's proposal non- responsive. If the Director finds a person or entity to be in violation of law, s/he shall take action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party.

CHECK THE APPROPRIATE BOX:

I certify, pursuant to Public Law 2021, c. 4, that neither the bidder listed above nor any of the bidder's parents, subsidiaries, or affiliates is listed on the N.J. Department of the Treasury’s list of entities determined to be engaged in prohibited activities in Iran pursuant to P.L. 2021, c. 4

("Chapter 25 List"). I further certify that I am the person listed above, or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf. I will skip Part 2 and sign and complete the Certification below.

OR

I am unable to certify as above because the bidder and/or one or more of its parents, subsidiaries, or affiliates is listed on the Department's Chapter 25 list. I will provide a detailed, accurate and precise description of the activities in Part 2 below sign and complete the

Certification below. Failure to provide such will result in the proposal being rendered as nonresponsive and appropriate penalties, fines and/or sanctions will be assessed as provided by law.

http://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf

Improvements Issued November 29, 2023

Part 2: Additional Information

PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN. You must provide a detailed, accurate and precise description of the activities of the bidding person/entity, or one of its parents, subsidiaries or affiliates, engaging in the investment activates in Iran on additional sheets provided by you.

Part 3: Certification

I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any attachments there to the best of my knowledge are true and complete. I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity. I acknowledge that the CITY is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the CITY to notify the CITY in writing of any changes to the answers of information contained herein. I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with the CITY and that the CITY at its option may declare any contract(s) resulting from this certification void and unenforceable.

Full Name (Print): __________________________________________ Title: ______________________

Signature: ________________________________________________Date: ______________________

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FORM 4

NON-COLLUSION CERTIFICATION

I, the undersigned, hereby certify, in accordance with N.J.S.A. 52:34-15, that the Bidder named below, has not, directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competition in connection with the RFB; that all statements contained in the bid and in this Certification are true and correct, and made with full knowledge that the Middlesex County

Utilities Authority relies upon the truth of the statements contained in said bid and in the statements contained in this Certification in awarding the Contract.

I further certify that no person or selling agent has been employed or retained to solicit or secure such

Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bond fide employees or bona fide established commercial or selling agencies maintained by the

Bidder.

BIDDER: _________________________ SIGNATURE: ___________________________

DATE: ____________________ TITLE:

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FORM 5

ACKNOWLEDGMENT OF RECEIPT OF ADDENDA

This Form must be signed and submitted whether or not any Addenda were issued. If no Addenda were issued, check the “No Addenda were issued box” and complete the signature section below:

The undersigned Bidder hereby acknowledges receipt of the following Addenda:

ADDENDA NO. DATE RECEIVED ACKNOWLEDGE

RECEIPT

(INITIAL)

□ No Addenda were issued (check if applicable)

BIDDER: _____________________ SIGNATURE: _________________________________

DATE: TITLE:

Improvements Issued November 29, 2023

FORM 6

CERTIFICATION OF NON-DEBARMENT

FOR FEDERAL GOVERNMENT CONTRACTS

N.J.S.A. 52:32-44.1 (P.L. 2019, c.406)

This certification shall be completed, certified to, and submitted to the contracting unit prior to contract award, except for emergency contracts where submission is required prior to payment.

PART I: VENDOR INFORMATION

Individual or

Organization Name

Physical Address of

Individual or

Organization

Unique Entity ID

(if applicable)

CAGE/NCAGE Code

(if applicable)

Check the box that represents the type of business organization:

Sole Proprietorship (skip Parts III and IV) Non-Profit Corporation (skip Parts III and IV)

For-Profit Corporation (any type) Limited Liability Company (LLC) Partnership

Limited Partnership Limited Liability Partnership (LLP)

Other (be specific): ______________________________________________

PART II – CERTIFICATION OF NON-DEBARMENT: Individual or Organization

I hereby certify that the individual or organization listed above in Part I is not debarred by the federal government from contracting with a federal agency. I further acknowledge: that I am authorized to execute this certification on behalf of the above-named organization; that the City of Cape Mayis relying on the information contained herein and that I am under a continuing obligation from the date of this certification through the date of contract award by City to notify the City in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law

Improvements Issued November 29, 2023 and that it will constitute a material breach of my agreement(s) with the City, permitting the City to declare any contract(s) resulting from this certification void and unenforceable.

Full Name (Print): Title:

Signature: Date:

PART III – CERTIFICATION OF NON-DEBARMENT: Individual or Entity Owning Greater than 50 Percent of

Organization

Section A (Check the Box that applies)

Below is the name and address of the stockholder in the corporation who owns more than 50 percent of its voting stock, or of the partner in the partnership who owns more than 50 percent interest therein, or of the member of the limited liability company owning more than 50 percent interest therein, as the case may be.

Name of Individual or

Organization

Physical Address

OR

No one stockholder in the corporation owns more than 50 percent of its voting stock, or no partner in the partnership owns more than 50 percent interest therein, or no member in the limited liability company owns more than 50 percent interest therein, as the case may be.

Section B (Skip if no Business entity is listed in Section A above)

Below is the name and address of the stockholder in the corporation who owns more than 50 percent of the voting stock of the organization’s parent entity, or of the partner in the partnership who owns more than

50 percent interest in the organization’s parent entity, or of the member of the limited liability company owning more than 50 percent interest in organization’s parent entity, as the case may be.

Improvements Issued November 29, 2023

Stockholder/Partner/Member

Owning Greater Than 50

Percent of Parent Entity

Physical Address

No one stockholder in the parent entity corporation owns more than 50 percent of its voting stock, no partner in the parent entity partnership owns more than 50 percent interest therein, or no member in the parent entity limited liability company owns more than 50 percent interest therein, as the case may be.

Section C – Part III Certification

I hereby certify that no individual or organization that is debarred by the federal government from contracting with a federal agency owns greater than 50 percent of the Organization listed above in Part I or, if applicable, owns greater than 50 percent of a parent entity of City of Cape May I further acknowledge:

that I am authorized to execute this certification on behalf of the above-named organization; that the City of

Cape May is relying on the information contained herein and that I am under a continuing obligation from the date of this certification through the date of contract award City to notify the City in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it will constitute a material breach of my agreement(s) with the City is permitting the City to declare any contract(s) resulting from this certification void and unenforceable.

Full Name (Print): Title:

Signature: Date:

Part IV – CERTIFICATION OF NON-DEBARMENT: Contractor – Controlled Entities

Section A

Below is the name and address of the corporation(s) in which the

Organization listed in Part I owns more than 50 percent of voting stock, or of the partnership(s) in which the Organization listed in Part I owns more than

50 percent interest therein, or of the limited liability company or companies in which the Organization listed above in Part I owns more than 50 percent interest therein, as the case may be.

Name of Business Entity Physical Address

**Add additional sheets if necessary**

The Organization listed above in Part I does not own greater than 50 percent of the voting stock in any corporation and does not own greater than 50 percent interest in any partnership or any limited liability company.

Section B (skip if no business entities are listed in Section A of Part IV)

Below are the names and addresses of any entities in which an entity listed in Part III A owns greater than 50 percent of the voting stock (corporation) or owns greater than 50 percent interest (partnership or limited liability company).

Name of Business Entity Controlled by

Entity Listed in Section A of Part IV

Physical Address

**Add additional Sheets if necessary**

No entity listed in Part III A owns greater than 50 percent of the voting stock in any corporation or owns greater than 50 percent interest in any partnership or limited liability company.

Section C – Part IV Certification

I hereby certify that the Organization listed above in Part I does not own greater than 50 percent of any entity that that is debarred by the federal government from contracting with a federal agency and, if applicable, does not own greater than 50 percent of any entity that in turns owns greater than 50 percent of any entity debarred by the federal government from contracting with a federal agency. I further acknowledge: that I am authorized to execute this certification on behalf of the above-named organization; that the City of Cape May is relying on the information contained herein and that I am under a continuing obligation from the date of this certification through the date of contract award by City to notify the City in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it will constitute a material breach of my agreement(s) with the City permitting the City to declare any contract(s) resulting from this certification void and unenforceable.

Full Name (Print): Title:

Signature: Date:

Improvements Issued November 29, 2023

Contractor Registration Advertisement

Public Works Projects

A new law, known as “The Public Works Contractor Registration Act” (P.L. 1999, c.238), will become effective April 11, 2000. Under the Act, no contractor/subcontractor will be permitted to bid on or engage in any contract for public work, as defined in section 2 of P.L. 1963, c. 150

(C.34:11-56.26), unless that contractor/subcontractor is registered with the New Jersey

Department of Labor. The Act provides that upon registration with the Department, a public works contractor/subcontractor will be issued a certificate by the Department indicating compliance with the Act’s requirements. The registration fee has been set at $300 per year.

Upon the effective maintenance shall be regarded as active date of the Act, public bodies will be expected to request production of such a certificate from those bidding on or engaging in public works projects.

It is important to note that the term “contractor,” is defined in the Act as, “a person, partnership, association, joint stock company, trust, corporation or other legal business entity or successor thereof who enter into a contract which is subject to the provision of the “New Jersey Prevailing

Wage Act,” P.L. 1963, c.150 (C.34:11-56.25, et seq.) for the construction, reconstruction, demolition, alternation, repair or maintenance of a public building regularly open to and used by the general public or a public institution, and includes any subcontractor or lower tier subcontractor as defined herein, except that, for the purposes of the act, no pumping station, treatment plant or other facility associated with utility and environmental construction, reconstruction, demolition, alteration, repair or maintenance shall be regarded as a public building regularly open to and used by the general public or a public institution.”

Registration forms, copies of the Act, and other relevant information will be available January

2000. To be placed on our mailing list please contact:

Contractor Registration Unit

New Jersey Department of Labor

Division of Wage & Hour Compliance

PO Box 389

Trenton, NJ 08625-0389

Telephone: (609) 292-9464

Fax: (609) 633-8591

Email: contreg@dol.state.nj.us

Improvements Issued November 29, 2023

EXHIBIT A

AMERICANS WITH DISABILITIES ACT OF 1990

Equal Opportunity for Individuals with Disability

The contractor and the Township of Upper, (hereafter “owner”) do hereby agree that the provisions of Title

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

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

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

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

Improvements Issued November 29, 2023

EXHIBIT B

MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE

N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127)

N.J.A.C. 17:27

CONSTRUCTION CONTRACTS

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

The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such action shall include, but not be limited to the following: employment, up-grading, demotion, or transfer;

recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation;

and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency

Compliance Officer setting forth provisions of this nondiscrimination clause.

The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex.

The contractor or subcontractor, where applicable, will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer, pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act.

Improvements Issued November 29, 2023

When hiring or scheduling workers in each construction trade, the contractor or subcontractor agrees to make good faith efforts to employ minority and women workers in each construction trade consistent with the applicable employment goal prescribed by N.J.A.C. l7:27-7.3; provided, however, that the Division may, in its discretion, exempt a contractor or subcontractor from compliance with the good faith procedures prescribed by the following provisions, A, B and C, as long as the Division is satisfied that the contractor or subcontractor is employing workers provided by a union which provides evidence, in accordance with standards prescribed by the Division, that its percentage of active "card carrying" members who are minority and women workers is equal to or greater than the applicable employment goal established in accordance with N.J.A.C. l7:27-7.3. The contractor or subcontractor agrees that a good faith effort shall include compliance with the following procedures:

(A) If the contractor or subcontractor has a referral agreement or arrangement with a union for a construction trade, the contractor or subcontractor shall, within three business days of the contract award, seek assurances from the union that it will cooperate with the contractor or subcontractor as it fulfills its affirmative action obligations under this contract and in accordance with the rules promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et. seq., as supplemented and amended from time to time and the Americans with Disabilities Act.