camden Contract 615 - Roof Replacement - Specifications.pdf

Prepared by:

CAMDEN COUNTY MUNICIPAL

UTILITIES AUTHORITY

CAMDEN, NJ 08104

Camden County Water Resource Recovery Facility

Roof Replacement Various Locations

CONTRACT NO. 615

Volume 1 of 1 (Division 00 to Division 09)

Bid Set

October 2024

PROJECT MANUAL

CAMDEN, NEW JERSEY

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CCMUA

Contract No. 615

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SECTION 00 01 10

TABLE OF CONTENTS

Section Description No. of Pages

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

INTRODUCTORY INFORMATION

00 01 01 Project Title Page

00 01 10 Table of Contents

00 01 15 List of Drawings

SOLICITATION

00 11 13 Advertisement For Bids

INSTRUCTIONS FOR PROCUREMENT

00 21 13 Instructions to Bidders

00 22 13 Checklist for Bidders

PROCUREMENT FORMS AND SUPPLEMENTS

00 41 43 Bid Form (Unit Price)

00 43 13 Bid Bond

00 43 14 Consent of Surety Form

00 43 45 Prevailing Wages Compliance Certification Form

00 43 50 Subcontractor Declaration

00 43 94 Acknowledgement of Receipt of Addenda and Changes to Bid Documents

00 45 13 Bidders Experience and Qualifications

00 45 14 Certificate of Bidder Showing Ability to Perform Contract

00 45 15 Bidders Present Commitments

00 45 19 Non-Collusion Affidavit

00 45 20 Bidders Affidavit

00 45 34 Affirmative Action Affidavit

00 45 35 Affirmative Action MBE/WBE Tracking Form

00 45 36 Certification of Equal Employment Opportunity

00 45 43 Corporate Resolution Authorization Affidavit

00 45 46 Ownership Disclosure Statement

00 45 47 Debarred List Affidavit

00 45 49 Public Works Contractor Registration Certificate

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Section Description No. of Pages

00 01 10-2 TABLE OF CONTENTS

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00 45 53 Federal Non-Debarment Certification

CONTRACTING FORMS AND SUPPLEMENTS

00 51 00 Notice of Award

00 52 13 Agreement

00 55 00 Notice to Proceed

PROJECT FORMS

00 61 13.13 Performance Bond

00 61 13.16 Payment Bond

00 61 19 Maintenance Bond

00 62 76 Application For Payment Form

00 62 76.16 Prevailing Wage Payment Certificate (For Final Payment)

00 62 76.19 Prompt Payment Certificate

00 65 16 Certificate of Substantial Completion

CONDITIONS OF CONTRACT

00 72 00 General Conditions

00 73 00 Supplementary Conditions

Exhibit 1 - NJSA 40A:11-1: Local Public Contract Law

Exhibit 2 – Equal Employment Opportunity Goals for Construction Contracts

Exhibit 4 - 41 CFR, Chapter 60, Part 20: Sex Discrimination Guidelines

Exhibit 5 - New Jersey Dept. of Labor Wage Rates

Exhibit 6 - Mandatory Equal Employment Opportunity Language

Exhibit 7 – Initial Project Workforce Report Form AA-201

Exhibit 8 - Americans with Disabilities Act of 1990

Exhibit 9 - Notice to Labor Unions of Workers Nondiscrimination in Employment

Exhibit 10 –American Iron and Steel (AIS) Guidance

Exhibit 11– New Jersey Prompt Payment Law

DIVISION 01 - GENERAL REQUIREMENTS

01 11 00 Summary of Work

01 14 00 Work Restrictions

01 21 00 Allowances

01 22 00 Unit Prices

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Section Description No. of Pages

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01 26 00 Contract Modifications Procedures

01 29 00 Payment Procedures

01 31 00 Project Management and Coordination

01 32 00 Construction Progress Documentation

01 32 33 Photographic Documentation

01 33 00 Submittal Procedures

01 35 13 Maintenance of Plant Operations

01 35 29 Health and Safety

01 35 43 Environmental and Cultural Resource Protection Procedures

01 41 00 Regulatory Requirements

01 42 00 References

01 43 00 Quality Assurance

01 43 24 Manufacturers’ Field Services

01 45 10 Quality Control

01 45 13 Factory Testing

01 45 23 Field Tests

01 45 29 Testing Laboratory Service

01 51 00 Temporary Utilities

01 52 00 Construction Facilities

01 54 00 Construction Aids

01 57 00 Temporary Controls

01 61 00 Common Product Requirements

01 62 00 Product Options

01 63 00 Product Substitution Procedures

01 65 00 Product Delivery Requirements

01 66 00 Product Storage and Handling Requirements

01 71 00 Examination

01 73 00 Execution

01 73 29 Cutting, Coring and Patching

01 74 00 Cleaning

01 74 19 Construction Waste Management and Disposal

01 75 00 Starting and Adjusting

01 76 00 Protecting Installed Construction

01 77 00 Closeout Procedures

01 78 00 Closeout Submittals

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Section Description No. of Pages

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01 78 23 Operation and Maintenance Data

01 78 33 Product Warranties and Product Bonds

01 78 39 Project Record Documents

01 78 43 Operation and Maintenance Materials

01 79 00 Demonstration and Training

01 86 26 Electrical Systems Testing

DIVISION 02 - EXISTING CONSITIONS

02 41 19 Selective Demolition

DIVISION 05 - METALS

05 05 23 Metal Fasteners and Anchorage

05 09 10 Welding………………………

05 12 23 Structural Steel

05 31 00 Steel Decking

DIVISION 06 - WOOD, PLASTICS, COMPOSITES

06 10 00 Rough Carpentry

DIVISION 07 - THERMAL AND MOISTURE PROTECTION

07 11 00 Dampproofing

07 22 00 Roof Insulation

07 53 23 EPDM Roofing

07 62 00 Sheet Metal Flashing And Trim

07 65 00 Flexible Flashing

07 71 10 Roof Specialties

07 72 00 Roof Accessories

07 84 00 Firestopping

07 92 00 Joint Sealants

DIVISION 08 - OPENINGS

08 4562 13 Domed Skylights

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Section Description No. of Pages

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08 80 00 Glass and Glazing

08 84 00 Plastic Glazing

DIVISION 09 - FINISHES

09 91 20 Painting

END OF SECTION

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SECTION 00 01 15

LIST OF DRAWINGS

PART 1 GENERAL

1.01 DRAWINGS

A. The Contract Drawings, which accompany this Project Manual and form a part of the Contract Documents, are listed on the Drawing Index Sheet of the Drawings.

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION (NOT USED)

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SECTION 00 11 13

ADVERTISEMENT FOR BIDS

THE CAMDEN COUNTY MUNICIPAL UTILITIES AUTHORITY

CAMDEN, NEW JERSEY

CONTRACT NO. 615

ROOF REPLACEMENT – VARIOUS LOCATIONS

Sealed Bids for Contract No. 615 for the Roof Replacement – Various Locations will be received by The Camden County Municipal Utilities Authority office, located at 1645 Ferry Avenue, Camden, New Jersey 08101-1432 until 10:00 a.m. (Local Time), on December 3, 2024, and then at said office opened and read aloud in public Conference Room.

Copies of the bidding documents must be obtained by registering and downloading all documents from the Camden County website:

http://www.camdencounty.com/service/purchasing-and-procurements/

Bidders are required to comply with the requirements of P.L. 1975, c.127. 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 comply with the requirements of P.L. 1999, c. 238 (N.J.S.A. 34:11-56.25 et seq,), New Jersey State Prevailing Wage Act, where applicable.

A non-mandatory pre-bid meeting will be held via ZOOM on Wednesday, October 30, 2024 at 10:00 A.M.

Participants may join the meeting by video:

https://us02web.zoom.us/j/86253295130?pwd=L25jcTlkWVZiaWVHeW9ZWnVoZjF3UT09 or by phone by dialing 1-929-205-6099 US, entering Meeting ID: 862 5329 5130 and Passcode: 352937.

Even though the pre-bid meeting is not mandatory, it is highly recommended that all bidders attend.

For an appointment to visit the site, contact Oleg Zonis, Director of Engineering for The Camden County Municipal Utilities Authority, via email ozonis@ccmua.org or telephone (856) 583-1222.

Maria Ortiz Assistant Purchasing Agent October 21, 2024

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SECTION 00 21 13

INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

ARTICLE 1 - DEFINED TERMS

ARTICLE 2 - COPIES OF BIDDING DOCUMENTS

ARTICLE 3 - QUALIFICATIONS OF BIDDERS

ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE

ARTICLE 5 - PRE-BID CONFERENCE

ARTICLE 6 - SITE AND OTHER AREAS

ARTICLE 7 - INTERPRETATIONS AND ADDENDA

ARTICLE 8 - BID SECURITY

ARTICLE 9 - CONTRACT TIMES

ARTICLE 10 - LIQUIDATED DAMAGES

ARTICLE 11 - SUBSTITUTE AND “OR-EQUAL” ITEMS

ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS

ARTICLE 13 - PREPARATION OF BID

ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS

ARTICLE 15 - SUBMITTAL OF BID

ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID

ARTICLE 17 - OPENING OF BIDS

ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

ARTICLE 20 - CONTRACT SECURITY AND INSURANCE

ARTICLE 21 - SIGNING OF AGREEMENT

ARTICLE 22 - SALES AND USE TAXES

ARTICLE 23 - RETAINAGE

ARTICLE 24 – STATUTORY AND OTHER REQUIREMENTS

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ARTICLE 1 - DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Apparent Low Bidder – that Bidder whose Total of all Bid Prices as offered in the Bid Form represents the lowest total.

B. Issuing Office--The office from which the Bidding Documents are to be issued and where the Bidding procedures are to be administered.

C. Work— Work as indicated on the Drawings and specified herein consists of furnishing all labor and materials for the complete construction of all work required for the Constructing upgrades to the existing Preliminary Treatment Facility (PTF) and as further described in Specification Section 011100.

ARTICLE 2 - COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents in the number and for the sum, stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office.

2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use.

ARTICLE 3 - QUALIFICATIONS OF BIDDERS

3.01 To demonstrate qualifications to perform the Work, each Bidder must submit with his Bid a fully completed Bidder's Qualification Forms (Sections 00441, 00442, 00443 and 00444). Failure to submit a completed Bidder's Qualification Forms may lead to rejection of the Bid. The information supplied by the Bidder on the Bidder's Qualification Forms will be used to ascertain the Bidder's history, reputation, organization and capacity for satisfactory and faithful performance of their work and work of a similar character and will not otherwise be made public, except as provided by law.

A. Owner may make such additional investigation as it deems necessary to determine the qualifications of Bidder to perform the Work and Bidder shall furnish to Owner all such information and data for this purpose as Owner may request. Owner reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such Bidder is sufficiently responsible to carry out the obligations of the Contract and to complete the Work contemplated therein. Conditional Bids may not be accepted.

3.02 The Owner will award only to responsible Bidders that possess the potential ability to perform successfully under the terms and conditions of these Bidding Documents. A responsible Bidder is one that has:

A. Financial resources, technical qualifications, experience, organization, and facilities adequate to carry out the Project or a demonstrated ability to obtain these;

B. Resources to meet the completion schedule contained in these Bidding Documents; and

C. A satisfactory performance record for completion of contracts.

3.03 Each Bidder shall submit with its Bid: the Bidder’s Experience and Qualifications Form detailing its experience record in providing the type of improvements embraced in this project, its organization, its equipment available for the Work contemplated, and its Present Commitments Form.

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3.04 In the event that any statements made by Bidder are false, deceptive or fraudulent, the Bidder may be penalized by the contracting unit in accordance with requirements of N.J.S.A 40A:11-33,34.

ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE

4.01 Subsurface and Physical Conditions

A. The Supplementary Conditions identify:

1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents.

2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Bidding Documents.

B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such drawings.

4.02 Underground Facilities

A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others.

4.03 Hazardous Environmental Condition

A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that Engineer has used in preparing the Bidding Documents.

B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in Paragraph 4.06 of the General Conditions.

4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates.

4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates

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CONTRACT 615/00 21 13 ITB.docx to the Work contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such other work.

4.07 It is the responsibility of each Bidder before submitting a Bid to:

A. examine and carefully study the Bidding Documents, the other related data identified in the Bidding Documents, and any Addenda;

B. become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. Although a site visit is not mandatory, it is highly encouraged;

C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work;

D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and (2) reports and drawings of Hazardous Environmental Conditions at the Site which have been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions;

E. obtain and carefully study (or accept consequences of not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto;

F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents;

G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents;

H. correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents;

I. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder;

and

J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work.

4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

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ARTICLE 5 - PRE-BID CONFERENCE

5.01 A Pre-Bid conference will be held as stated in the Advertisement for Bids. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference.

Engineer will transmit to all prospective Bidders of record such Addendum determined necessary to address the questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

ARTICLE 6 - SITE AND OTHER AREAS

6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor.

ARTICLE 7 - INTERPRETATIONS AND ADDENDA

7.01 The Bidder understands and agrees that its Bid is submitted on the basis of the specifications prepared by the owner. The Bidder accepts the obligation to become familiar with these specifications.

7.02 Bidders are expected to examine the specifications and related Bidding Document with care and observe all their requirements. Ambiguities, errors or omissions noted by Bidders should be promptly reported in writing to the Engineer. In the event the Bidder fails to notify the Owner of such ambiguities, errors or omissions, the Bidder shall be bound by the Bid. All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents.

Questions received less than ten (10) days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.03 Notice of revision or addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer.

7.04 Notice of revisions or addenda to advertisements or Bidding Document shall be provided no later than seven

(7) days, Saturdays, Sundays, and holidays excepted, prior to the date for acceptance of Bids, to any person who has submitted a Bid or who has received a Bid package in any of the following ways: i) in writing by certified mail or ii) by certified facsimile transmission, meaning that the sender's facsimile machine produces a receipt showing date and time of transmission and that the transmission was successful or iii) by a delivery service that provides certification of delivery to the sender, in accordance with requirements of N.J.S.A. 40A:11-23 (c)(2).

7.05 Bidder must submit an Acknowledgement of Receipt of Addenda form, if applicable. If applicable, failure to submit this form will result in rejection of the Bid.

ARTICLE 8 - BID SECURITY AND BONDING REQUIREMENTS

8.01 BID GUARANTY:

A. A Bid must be accompanied by Bid security made payable to Owner in an amount of ten (10) percent of Bidder’s maximum Bid price, but not in excess of $20,000 and in the form of a certified check or bank money order or a Bid Security (on the form attached) issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions.

B. The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within (15) fifteen days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Owner may retain the Bid security of the three apparent lowest responsible Bidders, and within (3) three days, Sundays and holidays

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CONTRACT 615/00 21 13 ITB.docx excepted, after the awarding and signing of the contract and the approval of the contractor's performance bond, return their Bid security, in accordance with requirements of N.J.S.A. 40A:11-24.

C. In accordance with N.J.S.A. 40A:11-24 All bid security, except the security of the three apparent lowest responsible bidders, shall be returned, unless otherwise requested by the bidder, within 10 days after the opening of the bids, Sundays and holidays excepted, and the bids of such bidders shall be considered as withdrawn.

Within three days, Sundays and holidays excepted, after the awarding and signing of the contract and the approval of the contractor's performance bond, the bid security of the remaining unsuccessful bidders shall be returned to them.

D. Failure to submit a Bid guarantee with the bid shall result in rejection of the Bid.

8.02 CONSENT OF SURETY

A. Bidder shall submit with the Bid a Certificate (Consent) of Surety with Power of Attorney for full amount of Bid price from a Surety Company authorized to do business in the State of New Jersey, and acceptable to the owner stating that it will provide said Bidder with a Performance Bond in the full amount of the Bid. This certificate shall be obtained in order to confirm that the Bidder to whom the contract is awarded will furnish Performance and Payment Bonds from 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.

B. The Consent of Surety shall include a valid Power of Attorney authorizing the Attorney-in-Fact to execute the documents.

C. Failure to submit a Consent of Surety form with the bid shall result in rejection of the Bid.

ARTICLE 9 - CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is to be substantially completed and ready for final payment are set forth in the Agreement.

ARTICLE 10 - LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, are set forth in the Agreement.

ARTICLE 11 - SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or “or-equal” items. Whenever it is specified or described in the Bidding Documents that a substitute or “or-equal” item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. The procedures for submission of any such application by Contractor and consideration of the Engineer is set forth in Article 6 of the General Conditions.

ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 Bidder shall comply with N.J.S.A. 40A:11-16. Bidder shall submit with its Bid the “Subcontractor Listing” (Form in Specification Section 004336). Whenever a bid sets forth more than one subcontractor for any of the categories detailed in N.J.S.A. 40A:11-16, the Bidder shall submit to the contracting unit a form signed by the Bidder listing each subcontractor named in the Bid for that category. Form shall include all information as required by N.J.S.A. 40A:11-16.

Failure to submit the statutorily required Subcontractor Listing form shall result in rejection of the Bid.

12.02 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom Contractor has reasonable objection.

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ARTICLE 13 - PREPARATION OF BID

13.01 All advertisements for Bids are published in an official newspaper of the contracting unit sufficiently in advance of the date fixed for receiving the Bids to promote competitive Bidding, but in no event less than 10 days prior to such date, in accordance with N. J.S.A. 40A:11-23.

13.02 The Bid Form is included with the Bidding Documents. Additional copies may be obtained from Engineer.

13.03 All blanks on the Bid Form shall be completed by printing in ink or by typewriter and the Bid signed in ink.

Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each item, listed therein, or the words “No Bid,” “No Change,” or “Not Applicable” entered.

13.04 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.

13.05 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature.

13.06 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown below the signature.

13.07 A Bid by an individual shall show the Bidder’s name and official address.

13.08 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown below the signature.

13.09 All names shall be typed or printed in ink below the signatures.

13.10 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form.

13.11 The address and telephone number for communications regarding the Bid shall be provided with the bid.

13.12 It is requested that the Bid include the Business Registration Certificate. However, per N.J.S.A. 52:32-44 the Bidder is required to provide evidence of such qualification prior to award of the Contract.

ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS

14.01 Lum Sum/Unit Prices

A. Bidders shall submit a Bid on a Lum Sum basis as set forth in the Bid Form.

ARTICLE 15 - SUBMITTAL OF BID

15.01 A Bidder is to furnish one bound copy of the Bid Form, and the Bid Security Form for submission of the Bid, the Bid Form is to be completed, to remain in the Contract Documents and shall be submitted with the Bid . Bidder is to refer to the Bid Document Submission Checklist (Section 00 43 93) for clarification regarding which submissions are mandatory with the Bid and which are non-mandatory and only requested with the bid:

A. Bid Form

B. Bid Security Guarantee

C. Consent of Surety

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D. Acknowledgment of Receipt of Addenda and Changes to Bidding Document Form

E. Prevailing Wage Compliance Certification Form.

F. Subcontractor Listing

G. Bid Submittal Checklist

H. Bidder’s Affidavit (Section 00 45 20)

I. Bidder’s Experience and Qualifications

J. Statement of Ownership Disclosure

K. Bidders Present Commitments

L. Certificate of Bidder Showing Ability to Perform Contract

M. Equipment Certificate

N. Non-Collusion Affidavit

O. Affirmative Action Affidavit

P. Debarred List Affidavit

Q. Certification of Non-Segregation Facility

R. Certificate of Equal Employment

S. Statement of Compliance with NJSA 41:14C-2(h) (Licensed Master Plumber)

T. Corporate Resolution Authorization Affidavit

U. Business Registration Certificate. (Requested to be provided with Bid. However, per N.J.S.A. 52:32-44 the Bidder is required to provide evidence of such qualification for itself and any subcontractors named in its bid prior to award of the Contract.)

V. Public Works Contractor Registration Act Certificate. The Prime Contractor and any subcontractors named in the bid must be registered at the time of bidding. The PWCRA certificates of the Bidder and all subcontractors named in the bid are requested with the bid but must be provided prior to contract award

15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation “BID ENCLOSED.”

ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be withdrawn upon request by the bidder in accordance with N.J.S.A. 40A:11-23.3.

ARTICLE 17 - OPENING OF BIDS

17.01 Bids will be opened at the time and place indicated in the Advertisement for Bids and, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

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ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 Per N.J.S.A. 40A:11-24(a) the time for making award shall be as follows:

18.02 The contracting unit shall award the contract or reject all bids within such time as may be specified in the invitation to bid, but in no case more than 60 days, except that the bids of any bidders who consent thereto may, at the request of the contracting unit, be held for consideration for such longer period as may be agreed. All bid security, except the security of the three apparent lowest responsible bidders, shall be returned, unless otherwise requested by the bidder, within 10 days after the opening of the bids, Sundays and holidays excepted, and the bids of such bidders shall be considered as withdrawn. Within three days, Sundays and holidays excepted, after the awarding and signing of the contract and the approval of the contractor’s performance bond, the bid security of the remaining unsuccessful bidders shall be returned to them.

18.03 The contract shall be signed by all parties within the time limit set forth in the specifications, which shall not exceed 21 days, Sundays and holidays excepted, after the making of the award; provided, however, that all parties to the contract may agree to extend the limit set forth in the specifications beyond the 21-day limit required in this subsection.

The contractor, upon written request to the contracting unit, is entitled to receive, within seven days of the request, an authorization to proceed pursuant to the terms of the contract on the date set forth in the contract for work to commence, or, if no date is set forth in the contract, upon receipt of authorization. If for any reason the contract is not awarded and the bidders have paid for or paid a deposit for the plans and specifications to the contracting unit, the payment or deposit shall immediately be returned to the bidders when the plans and specifications are returned in reasonable condition within 90 days of notice that the contract has not been awarded.

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject all Bids, in accordance with applicable law. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation and in accordance with applicable law, to not be responsible. Owner also reserves the right to waive all minor immaterial informalities in accordance with applicable law.

19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

19.03 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

19.04 In evaluating the responsibility of each Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions.

19.05 In accordance with applicable law, Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents.

19.06 If the Contract is to be awarded, Owner will award the Contract to the lowest responsible Bidder.

ARTICLE 20 - CONTRACT SECURITY AND INSURANCE

20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance, maintenance and payment bonds and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by the required Performance, Insurance, Payment and Maintenance Bonds.

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ARTICLE 21 - SIGNING OF AGREEMENT

21.01 When Owner gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement, the Performance Bond, the Labor and Materials Payment Bond, and all other Contract Documents which are identified in the Agreement as attached thereto. Within (10) days thereafter, Sundays and holidays excepted, thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within eleven (11) days thereafter, Sundays and holidays excepted, Owner shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification.

21.02 If successful Bidder shall fail to neglect to sign, execute and deliver the Contract and bonds within ten (10) days after Notice of Award, such failure or neglect may be deemed a refusal to enter into Contract by the Bidder and shall be just cause for an annulment of the award. Upon such refusal, Owner shall have the authority to make an award to the next lowest responsive and responsible Bidder or re-advertise for Bids. In addition, in accordance with N.J.S.A. 40A:11- 4, Owner may exclude the Bidder from Bidding on subsequent CCMUA projects for such a period, as the Owner may deem appropriate.

21.03 It is understood and agreed by said Bidder that, upon notice of said failure, the surety shall pay the Owner the amount provided for the Bid Guarantee in accordance with the provisions of the Bid and the Owner shall be entitled to collect on any certified check or Bid Bond posted as security for execution.

ARTICLE 22 - SALES AND USE TAXES

22.01 Owner is exempt from New Jersey state sales and use taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Bid. Refer to Paragraph SC-6.10 of the Supplementary Conditions for additional information.

ARTICLE 23 – RETAINAGE

23.01 Provisions concerning Contractor’s rights to deposit securities in lieu of retainage are set forth in the Agreement.

ARTICLE 24 – STATUTORY AND OTHER REQUIREMENTS

24.01 AFFIRMATIVE ACTION CERTIFICATION

A. Bidders are required to comply with all requirements of N.J.S.A. 10:5-31and the rules and regulations promulgated pursuant thereto, (affirmative action language attached) and submit an employee information report or certificate of employee information report approval. This requirement will be addressed upon execution of the agreement The contract will include the language included as Attachment B in this specification. Bidders must submit with their Bid a signed affidavit stating that it shall comply with the affirmative action program.

B. In addition, Bidders are required to comply with the requirements of N.J.S.A. 40A:11-16. The successful Bidders shall submit with the bid a list of the subcontractors who will perform work on the project in accordance with N.J.S.A. 40A:11-16.

24.02 ANTI-DISCRIMINATION PROVISIONS

A. The contract for this Bid shall require that the contractor agrees not to discriminate in employment and agrees to abide by all anti-discrimination laws including but not limited to N.J.S.A. 10:2-1 as included in Attachment A of this document. Bidders must submit with their Bid a signed Certificate of Equal Employment Opportunity (Specification Section 00 45 36).

24.03 AMERICANS WITH DISABILITIES ACT OF 1990

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A. Discrimination on the basis of disability in contracting for the construction services is prohibited. If awarded the contract, the contractor is required to comply with requirements related to the Americans with Disabilities Act as provided in this specification as Attachment C. The contractor is obligated to comply with the Act and to hold the Owner harmless for any violations committed under the contract.

24.04 STATEMENT OF OWNERSHIP

A. N.J.S.A. 52:25-24.2 provide that no business organization, regardless of form of ownership shall be awarded any contract for the performance of any work or the furnishing of any goods and services, unless, prior to the receipt of the Bid or accompanying the Bid of said business organization, Bidders shall submit a statement setting forth the names and addresses of all persons and entities that own ten percent or more of its stock or interest of any type at all levels of ownership. The disclosure shall be continued until names and addresses of every noncorporate stockholder, and individual partner, and member exceeding the ten percent ownership, has been listed.

B. The included Statement of Ownership shall be completed and attached to the Bid proposal. This requirement applies to all forms of business organizations, including, but not limited to, corporations and partnerships, publicly-owned corporations, limited partnerships, limited liability corporations, limited liability partnerships, sole proprietorship, and Subchapter S corporations. Failure to submit a disclosure document with the bid shall result in rejection of the Bid as it cannot be remedied after Bids have been opened.

C. Not-for-profit entities should fill in their name, check the not-for-profit box, and certify the form. No other information is necessary.

24.05 PREVAILING WAGE RATES

A. The successful Bidder will be required to comply with all provisions of prevailing wage rates as determined by the New Jersey Department of Labor, or the United States secretary of Labor, whichever is greater.

B. Pursuant to N.J.S.A. 34:11-56.25 et seq., contractors on projects for public work shall adhere to all requirements of the New Jersey Prevailing Wage Act. The contractor shall be required to submit a certified payroll record to the owner within ten (10) days of the payment of the wages. In the event it is found that any worker, employed by the contractor or any subcontractor has been paid a rate of wages less than the prevailing wage required to be paid, the owner may terminate the contractor's or subcontractor's right to proceed with the work, or such part of the work as to which there has been a failure to pay required wages and the contractor and subcontractor then be required to continue the work to completion or otherwise.

C. The contractor is also responsible for obtaining and submitting all subcontractors' certified payroll records within the aforementioned time period. The contractor shall submit said certified payrolls in the form set forth in N.J.A.C. 12:60- 5.1(c). It is the contractor's responsibility to obtain any additional copies of the certified payroll form to be submitted by contacting the New Jersey Department of Labor and Workforce Development, Division of Workplace Standards. Additional information is available at:

http://lwd.dol.state.nj.us/labor/wagehour/wagerate/pwr_construction.html.

24.06 PUBLIC WORKS CONTRACTOR REGISTRATION ACT

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

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

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C. To register, a contractor must provide the State Department of Labor with a full and accurately completed application form. The form is available online at www.state.nj.us/labor/lsse/lspubcon.html.

D. N.J.S.A. 34:11-56.55 specifically prohibits accepting applications for registration as a substitute for a certificate of registration.

24.07 BUSINESS REGISTRATION CERTIFICATE

A. The Bidder shall comply with requirements of N.J.S.A. 52:32-44. In accordance with N.J.S.A. 52:32-44, no contract shall be entered into by any contracting agency unless the contractor provides proof of business registration prior to contract award. Proof of business registration shall be a copy of a Business Registration Certificate issued by the New Jersey Department of the Treasury, Division of Revenue.

B. The requirement of proof of business registration extends down through all levels (tiers) of the project for all contracts with a value greater than 15 percent of the Owner’s Bid threshold.

C. Before final payment on the contract is made by the contracting agency, the contractor shall submit an accurate list and the proof of business registration of each subcontractor or supplier used in the fulfillment of the contract or shall attest that no subcontractors were used. Contractor shall submit subcontractors’ business registration certificate to Owner/Engineer prior to executing subcontract with any subcontractor/vendor who knowingly supplies goods or services to a public agency if the value is greater than 15 percent of the Owner’s Bid threshold.

D. For the term of the contract, the contractor and each of its affiliates and a subcontractor and each of its affiliates [N.J.S.A. 52:32-44(g)(3)] shall collect and remit to the Director, New Jersey Division of Taxation, the use tax due pursuant to the Sales and Use Tax Act on all sales of tangible personal property delivered into this State, regardless of whether the tangible personal property is intended for a contract with a contracting agency.

E. A business organization that fails to provide a copy of a business registration as required pursuant to section 1 of P.L.2001, c.134 (C.52:32-44 et seq.) or subsection e. or f. of section 92 of P.L.1977, c.110 (C.5:12-92), or that provides false business registration information under the requirements of either of those sections, shall be liable for a penalty of $25 for each day of violation, not to exceed $50,000 for each business registration copy not properly provided under a contract with a contracting agency

24.08 POLITICAL CONTRIBUTION COMPLIANCE

A. N.J.S.A. 19:44A-20.27 establishes a disclosure requirement for business entities. It requires that, when a business entity has received in any calendar year $50,000 or more in public contracts with public entities, it must file an annual report with the Election Law Enforcement Commission (ELEC). The report shall disclose any contribution of money or any other thing of value, including an in-kind contribution, or pledge to make a contribution of any kind:

a. To a candidate for or the holder of any public office having ultimate responsibility for the awarding of public contracts,…