camdenMicrosoft Word - B13-26 Snow Plowing Bid - For Website.pdf

Snow Plowing on Various Roads 2026-2027

Various Municipalities, Camden County

August 2026

DEPARTMENT OF PUBLIC WORKS

CHARLES J. DEPALMA PUBLIC WORKS COMPLEX

2311 EGG HARBOR ROAD

LINDENWOLD, NEW JERSEY, 08021

PHONE (856) 566-2980 FAX (856) 566-2988

B13-26 Snow Plowing on Various Roads 2026-2027, Various Municipalities, Camden County August 2026

[TOC-1] Version 2025

TABLE OF CONTENTS

INVITATION TO BID

Invitation to Bid ITB-i

INSTRUCTIONS TO BIDDERS

Purchasing Form ITB 1-2

Bidder’s Checklist ITB 3-4

Instructions to Bidders ITB 5-18

Ex. A Sample Form of Bid Bond ITB 19

Ex. B Sample Form of Consent of Surety ITB 20

Ex. C Sample Form of Performance Bond ITB 21-24

Ex. D Sample Form of Terms of Letter of Credit ITB 25-26

Ex. E Statement of Corporate Ownership Disclosure ITB 27-28

Ex. F Non-Collusion Affidavit ITB 29

Ex. G Mandatory Equal Employment Opportunity Language for Goods and Services Contracts

Ex. H Mandatory Equal Employment Opportunity Language for Construction Contracts

ITB 30-31

ITB 32-35

Ex. I Questionnaire on Supply and Service Contracts ITB 36

Ex. J Affirmative Action Plan, MBE/WBE Tracking Form ITB 37

Ex. K Certification of Non-Debarment for Federal Government Contracts ITB 38-40

Ex. L Extension of Prices to Registered System Members (Other Agencies) ITB 41

Ex. M Disclosure of Sub-Contractors and Sites and Certification of Compliance ITB 42

Ex. N Disclosure of Sub-Contractors ITB 43

Ex. O Reserved ITB 44

Ex. P Americans with Disabilities Act, Equal Opportunity for Individuals with Disabilities

ITB 45

Ex. Q Acknowledgement of Receipt of Addenda ITB 46

Ex. R Uniformed Law Enforcement Officers Requirement ITB 47

Ex. S Disclosure of Investment Activities in Iran ITB 48

Ex. T Certification of Non-Involvement in Prohibited Activities in Russia or Belarus ITB 49

Ex. U New Jersey Anti-Discrimination Provisions ITB 50

Ex. V 40A:11-16.7, Changed Conditions Contract Provisions ITB 51-53

B13-26 Snow Plowing on Various Roads 2026-2027, Various Municipalities, Camden County August 2026

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TABLE OF CONTENTS (cont’d)

PROPOSAL SECTION

Proposal – Breakdown of Quantities ...........................................................................................P1-P53

TECHNICAL SPECIFICATIONS

Division 100 - General Provisions. .............................................................................................. 100-1-100-5

Division 1000 – Special Conditions......................................................................................1000-1 to1000-2

INVITATION TO BID

Notice is hereby given that sealed bids for Bid #B13-26 - Snow Plowing on Various Roads 2026-2027, Various Municipalities, Camden County will be received, opened and read in public at the Camden County Department of Public Works - Engineering Department - Charles J. DePalma Complex, Egg Harbor Road, Lindenwold, NJ 08021 on Wednesday, September 9th, 2026, at 10:00 AM o’clock prevailing time by the Camden County Purchasing Agent or her designee.

Questions about the bid specifications may be sent by email to dan.nowakowski@camdencounty.com no later than Friday, August 21st, 2026, at Noon.

Questions received after this date and time will not be considered.

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 (N.J.A.C. 17:27) and N.J.S.A. 10:5-31 et seq.

Bidders are required to comply with the requirements of P.L. 1999, c. 238 (N.J.S.A. 34:11-

56.48 to 57), where applicable.

All bidders are responsible for obtaining complete bid documentation from the County at the address listed above. In the event of any inconsistencies between this advertisement, as published, and the bid documentation, the bid documentation shall control.

By order of the Board of Commissioners of Camden County, New Jersey.

Laura J. Paffenroth, Esq., Camden County Purchasing Agent

ITB-i

CAMDEN COUNTY DIVISION OF

PURCHASING COURTHOUSE -

6TH FLOOR

520 MARKET STREET

CAMDEN, NEW JERSEY 08102-1375

(856) 225-5439 DATE: August 11, 2026

Bid No. and Title:

B12-26 Furnishing and Delivering Sodium Chloride and Pretreated Liquid Enhanced Sodium Chloride

BIDS MUST BE RETURNED NO LATER THAN 10:00 A.M. O’CLOCK PREVAILING

TIME ON Wednesday, September 9, 2026 , 2026.

1. PRICES MUST INCLUDE DELIVERIES TO ALL SITES SET FORTH HEREIN.

2. Quotations must be made on these sheets. Camden County is not responsible for any expenses incurred by any firm in preparing or submitting a bid proposal.

3. Prices may be submitted on any or all the items listed unless otherwise specified. Award of contract will be made based on the lowest responsible bid on each item or on an aggregate basis, whichever is in the best interest of Camden County and System Members (if this is a Cooperative Pricing bid).

4. Insert NET UNIT PRICES. Bids must be firm for a minimum of 60 days. Contract prices may not be increased during the term of the contract.

5. Camden County and System Members are exempt from sales tax.

6 The County of Camden reserves the right to accept or reject any part or parts of the responses to this bid in accordance with law.

7. The County of Camden shall only be responsible for the payment of interest or late fees as provided pursuant to N.J.S.A. 2A:30A-2(c).

8. Official County bid packages are available from the Camden County Division of Purchasing, at no cost to the vendor. All addenda will be issued by the County’s Division of Purchasing.

Potential bidders are cautioned that they are bidding at their own risk if receiving the bid specification from any other party. Such bid specifications may not be complete.

9. Bidders are required to comply with the requirements of N.J.S.A. 34:11-56.25 et seq. regarding prevailing wages, where applicable.

10. Bidders are hereby noticed that the County shall correct certain types of clerical errors if found in submitted bids. For example, if the quantity needed or the standard unit of measurement used, times the unit price, is incorrectly calculated in reaching a total or final price, the County will correct the computational mistake.

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11. The County requires bidders to list any exceptions to the bid specifications. For any exceptions listed the County shall determine if it will accept an immaterial, or minor, deviation from its bid specifications as permitted by law. Material exceptions shall be cause for rejection of the bid. Bidders shall not be permitted to remove listed exceptions after bids are opened.

12. N.J.S.A. 40A:11-2.1 and 52:32-55 prohibits local public contracts for goods and services with persons or entities engaging in certain investment activities in energy or finance sectors of Iran. See also N.J.S.A. 52:32-60.1, et seq prohibiting certain activities in Russia and Belarus.

13. Official notification of contract awards authorized by the County may be viewed on camdencounty.com. To review, click on the gold “Your Government” tab, scroll to the information box on the left and click on “County Public Information”, then click on “Commissioner Meetings.” Meetings and agendas are found here. Click on “Commissioner Meeting (AGENDA)” for the month you would like to view. Copies of resolutions and bid results require an OPRA request. See camdencounty.com for OPRA form and process.

14. Should any requirements or language contained in the contract documents/technical specifications be found to conflict with the County’s general bid boilerplate (ITB pages), the requirements/language in the bid boilerplate shall prevail.

15. BIDDERS ARE REQUIRED TO USE THE COUNTY’S FORMS AND SHALL NOT

RECREATE IN ANY WAY THE FORMS PROVIDED WITH THIS BID. FAILURE TO USE

THE COUNTY FORMS OR ADDING TO, AMENDING, ALTERING, OR REVISING

THE COUNTY FORMS, INCLUDING, BUT NOT LIMITED TO, CONVERTING THE

COUNTY PDF OR HARDCOPY TO A WORD DOCUMENT, SHALL BE CAUSE FOR

REJECTION OF THE BID.

WE SUBMIT HEREWITH our prices as indicated on the following bid.

Submitted on , 20 BY (Name of Company)

Fax No. PER (Signature and Title of Authorized Representative)

E-Mail: Phone No.

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BIDDER’S CHECKLIST

THIS BIDDER’S CHECKLIST MUST BE COMPLETED, SIGNED AND SUBMITTED WITH YOUR BID

PACKAGE.

1. Bid Guarantee deposit in the form of a certified check, cashier's check or bid bond. See Paragraph

4.1 and Exhibit A. (Must be submitted with bid) N/A

2. Certificate from a Surety Company or Financial Institution stating that if bid is accepted, they will provide the required performance bond or Letter of Credit. See Paragraphs 4.2,

8.1 and 8.2, and Exhibits B, C, and D. (Must be submitted with bid, must include originals – copies will not be accepted) N/A

3. Statement of Corporate Ownership listing the names and addresses of all individuals owning ten percent (10%) or more of corporation, partnership, or LLC.

See Exhibit E. (Must be submitted prior to or with bid)

4. Non-collusion Affidavit properly notarized. See

Exhibit F. (Due after notice of award and prior to signing contract)

5. Affirmative Action MBE/WBE TrackingForm. See Paragraph 5 and Exhibit J. (Due after notice of award and prior to signing contract)

6. Debarment Certification Form. Federal Public Works contracts only. See Exhibit K. (Must be submitted prior to award) N/A

7. Extension or Non-Extension of Prices to Registered System Members (Other Agencies) See Paragraph 22.1 and Exhibit L. N/A (Must be submitted prior to award)

8. Textile/Apparel Subcontractor Disclosure Requirements

For Bids for Textiles and/or Items of Apparel Only.

Disclosure of all subcontractors and sites and Certification of Compliance for textile and apparel bids. See Paragraphs 23.1 and Paragraph 23.2 and Exhibit M. (Must be submitted with bid).

[BIDDER’S CHECKLIST CONTINUED NEXT PAGE]

N/A

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BIDDER’S CHECKLIST (cont’d)

9. Proof of compliance with The Public Works Contractor Registration Act, if applicable. See

Paragraph 24. (Must be submitted prior to award of contract).

10. Construction Subcontractor Disclosure Requirements

a. For Bids for Construction Only.

Disclosure of subcontractors as required by N.J.S.A. 40A:11-16. See Paragraph 26 and Exhibit N. (Must be submitted with bid) N/A

11. Proof of compliance with the State Contractor

Business Registration Program. See Paragraph 31.

(Must be submitted prior to award of contract)

12. Acknowledgement of Receipt of Addenda, whether or not issued, N.J.S.A. 40A:11-23.2. See Paragraph 32 and Exhibit Q. (Form must be submitted with bid).

13. Certification - Disclosure of Investment Activities in Iran

Exhibit S. (Must be submitted prior to award of contract).

14. Certification of non-involvement in prohibited activities in Russia or Belarus. Exhibit T. (Must be submitted prior to award of contract).

NAME OF BIDDER

SIGNATURE DATE

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INSTRUCTIONS TO BIDDERS

1. RECEIPT, OPENING, WITHDRAWAL OF BIDS, AND FAILURE TO RESPOND

1.1 Sealed Bids will be received by the County on the date, time, location, and in the manner as listed in the advertisement.

1.2 Bids must be received at the Camden County department stipulated in the advertisement no later than the due date and time indicated therein. It is recommended that bids be hand delivered to that department. The County assumes no responsibility for delays in any form of courier or mail order delivery service causing the bid to be received at the department stipulated later than the due date and time. All late bids will be rejected in accordance with the law.

1.3 Any bid may be withdrawn prior to the time for openings of bids or the authorized postponement thereof. Any bid received after the opening of bids will not be considered. No bidder may withdraw a bid within sixty (60) days after the actual opening thereof except as may be permissible under N.J.S.A. 40A:11-23.3.

2. QUALIFICATION OF BIDDERS

2.1 The County may make such investigation as it deems necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to the County all such information and data for this purpose as the County may request. The County reserves the right to reject any bids if the evidence submitted by, or investigation of such bidder, fails to satisfy the County that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated herein.

3. PREPARATION OF BID

3.1 Bids must be submitted on the prescribed form. ONE ORIGINAL (1) AND TWO

(2) COPIES of the bid should be submitted. The bidder shall fill in all blank spaces in ink or by typewriter, both in words and figures. Bids must be signed in ink by authorities with capacity to legally bind the bidder to its bid proposal.

3.2 Each bid shall be based upon the specifications prepared by the County. The bidder accepts the obligation to become familiar with the County's specifications.

3.3 Each bid must give the full business address of the bidder and be signed by an authorized representative. Bids by partnerships must furnish the full name of all partners and must be signed in the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and designation of the person signing. Bids by corporations must be signed in the legal name of the corporation, followed by the name of the State of Incorporation, and must contain the signature and designation of the President, Secretary or other person authorized to bind the corporation in the matter. When requested by the County, satisfactory evidence of the authority of the corporate officer shall be furnished.

3.4 Bids containing any conditions, omissions, unexplained erasures or alterations, items not called for in the proposal form, attachment or additive information not required by the bid documents, or irregularities of any kind, may be rejected by the County. Any changes, white-outs, strike-outs, etc. on the proposal page must be clear as to meaning and initialed by the person responsible for signing the bid.

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3.5 The County reserves the right to waive any minor informalities in the bids received as permitted by law and shall reject defective or non-responsive bids as required by law.

3.6 All bids must be submitted in sealed envelopes bearing on the outside the name of the bidder, address and subject and title of the specifications. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope, addressed as set forth in the advertisement. The County assumes no responsibility for mailings not received on time at the department stipulated in the advertisement to receive bids. It is therefore recommended that bids be hand delivered.

3.7 Bidders must insert prices for furnishing all the materials and/or labor required by these specifications whether such requirement is specifically set forth. Prices shall be net, including any charges for packing, crating, containers, etc. and all transportation charges fully pre-paid by the contractor F.O.B. destination and placement at locations specified by the County. No additional charges will be allowed for any transportation costs resulting from partial shipments made at the contractor's convenience when single shipment is ordered.

3.8 Payments will be made upon the approval of vouchers submitted by the successful bidder in accordance with the requirements of the Board of Commissioners and subject to the County's customary billing procedures.

4. BID BOND/CONSENT OF SURETY OR LETTER OF CREDIT

4.1 BID BOND

Each bid must be accompanied by the Certified Check of the bidder or by a Cashier's Check, or by a Bid Bond prepared on the form of bid bond attached hereto as Exhibit A, duly executed by the bidder as principal, having surety thereon, a surety company approved by the County, in an amount not less than ten percent (10%) of the amount of the base bid submitted, said 10% not to exceed $20,000.00 pursuant to N.J.S.A. 40A:11- 21, payable to the Treasurer, Camden County. Only originals submitted on the County’s form Exhibit A will be accepted.

4.2 CONSENT OF SURETY OR LETTER OF CREDIT

In addition, the bid must also be accompanied by a Certificate (Consent of Surety) from a Surety Company stating that it will provide said bidder with a Performance Bond in the full amount of the bid. County forms are required to be used. A form of Consent of Surety is attached hereto as Exhibit B. Only originals submitted on the County’s form Exhibit B will be accepted. A form of Performance Bond is attached hereto as Exhibit C. Exhibit C must be signed by the successful bidder and bidder’s surety after award of contract and must be returned with the contract. As an alternative to the consent of surety, bidders may provide a letter from a bank or similar financial institution stating that it will issue a Letter of Credit in the full amount of the bid and pursuant to the terms of the Letter of Credit in the specifications (Exhibit D).

4.3 Per N.J.S.A. 40A:11-24(a), All bid security, except the security of the three apparent lowest responsible bidders, shall be returned, unless otherwise requested by the bidder, within ten (10) days after the opening of bids, Sundays and holidays excepted, and the bids of such bidders shall be considered as withdrawn. Within three (3) days, Sundays and holidays excepted, after the awarding and signing of

[ITB-7] Version 1-6-26 the contract, and the approval of the contractor’s performance bond, the bid security of the remaining unsuccessful bidders shall be returned to them.

4.4 In accordance with N.J.S.A. 40A:11-14 the County requires the bid bond and consent of surety in the form provided herein on Exhibit A and Exhibit B. No other forms shall be accepted and failure to provide a bid bond and consent of surety on the County form, when required by the bid, shall be cause to reject the bid.

5. AFFIRMATIVE ACTION

5.1 The successful bidder shall adhere to the mandatory affirmative action language required by N.J.A.C. 17:27 and N.J.S.A. 10:5-31 et seq.

5.2 For procurement, professional and service contracts, the above-referenced mandatory language shall be that set forth in Exhibit G.

5.3 For construction contracts, the above-referenced mandatory language shall be that set forth in Exhibit H.

5.4 All bidders should complete the Affirmative Action Questionnaire set forth in Exhibit I and follow its instructions.

5.5 All bidders should complete the Affirmative Action Plan MBE/WBE Tracking Form in Exhibit J.

6. ADDENDA AND INTERPRETATIONS

6.1 No interpretation of the meaning of any bid document will be made to any bidder orally. Any request for interpretation shall be in writing, addressed to the County's representative stipulated in the bid and must be received at least ten (10) days prior to the date fixed for the opening of bids. All such interpretations and any supplemental instructions will be in the form of written addenda to the specifications and will be distributed to all prospective bidders in accordance with N.J.S.A. 40A:11-23. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the contract documents.

7. MISCELLANEOUS

7.1 At the time of the opening of bids, each bidder will be presumed to have read and to be thoroughly familiar with the specifications and all other bid documents (including addenda). The failure or omission of any bidder to receive or examine any form, instrument or document shall in no way relieve any bidder from any obligation in respect to his bid.

7.2 In cases where a performance bond is not required by the bid, if the successful bidder defaults, the County of Camden may procure the articles or services from other sources and hold the successful bidder responsible for any excess cost occasioned thereby.

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7.3 The County of Camden is exempt from any State sales tax and Federal excise tax.

In submitting this bid, the bidder certifies that its total bid price does not include any such taxes.

7.4 For purposes of evaluation where an equivalent is being furnished, the bidder must indicate any variation to the County's specifications no matter how slight. If no variations are indicated, it will be construed that the bid fully and exactly complies with the County's specifications.

7.5 All bids submitted shall include in price any applicable permits, or fees required by any other government entity that has jurisdiction to require the same.

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

7.7 The bidder understands and agrees that, if awarded any contract by the County of

Camden, it shall be responsible for ensuring that it and all subcontractors meet minimum safety, health and equipment requirements including provisions for protecting employees and the public from any hazards encountered in performing its obligations pursuant to this bid.

7.8 All Firms are advised that, pursuant to N.J.S.A. 19:44A-20.27, it is their responsibility to file an annual disclosure statement with the New Jersey Election Law Enforcement Commission (“ELEC”) if, during the calendar year, they receive a contract(s) more than $50,000 from public entities, including Camden County. It is the firm’s responsibility to determine if such filing is necessary. Additional information on this requirement is available from ELEC at 888-313-3532.

8. SECURITY FOR FAITHFUL PERFORMANCE

8.1 Simultaneously with its delivery of the executed contract, the successful bidder shall deliver to the County an executed bond in the amount of one hundred percent (100%) of the accepted bid as security for the faithful performance of this contract and for the payment of all persons performing labor or furnishing materials in connection therewith, prepared in the form of contract bond attached hereto and having a surety thereon such surety company or companies as are acceptable on bonds approved by the County, and as are authorized to transact business in this State.

In the event the successful bidder chooses to supply a Letter of Credit in lieu of the performance bond required by Section 8.1 above, said Letter of Credit shall be delivered to the County simultaneously with the delivery of the executed contract.

The Letter of Credit shall be for the full amount of the bid and shall conform to the terms set forth in the terms of Letter of Credit in these specifications.

9. INSURANCE REQUIREMENTS

(Where applicable the following insurance requirements shall apply).

9.1 Workers Compensation and Employer's Liability Insurance

This insurance shall be maintained in force during the life of the contract and shall

[ITB-9] Version 1-6-26 cover all employees engaged in the performance of the contract. This insurance shall comply with all applicable statutes and regulations. Minimum Employer's Liability insurance of $500,000.00.

9.2 General Liability Insurance

This insurance shall have limits of not less than $1,000,000.00 per occurrence and $3,000,000.00 aggregate for bodily injury and property damage and shall be maintained in force during the life of the contract.

9.3 Builders Risk Insurance where applicable

This insurance shall cover all building construction, reconstruction, alteration, or related work and shall have limits of not less than the agreed completed value of the project. The coverage shall be written on a replacement cost basis and a copy of such policy shall be provided to the County before construction commences. Coverage shall remain in force until a certificate of occupancy has beenissued.

9.4 Automobile Liability Insurance where applicable

This insurance shall cover the Contractor for claims arising from owned, hired, and non- owned vehicles and shall have limits of not less than $1,000,000.00 per occurrence for bodily injury and property damage. Coverage shall be maintained in force during the life of the contract.

9.5 Insurance Requirements for Subcontractors

On any construction, reconstruction, alteration, or similar project, the Contractor shall require each Subcontractor to carry insurance coverage equal to or exceeding the type and level of coverage required to be carried by the Contractor. This coverage shall be in addition to the coverage carried by the Contractor.

9.6 Certificates of the Required Insurance

Certificates for the above-listed insurance shall be submitted along with the signed contract as evidence that such insurance is in force and shall name the County of Camden as additional insured. The notice to proceed and/or purchase order will not be issued by the County until the certificate of insurance is provided with the signed contract. Such coverage shall be with acceptable insurance companies operating on an admitted basis in the State of New Jersey.

9.7 Cancellation

Certificates for the above-listed insurance shall contain a provision that coverage afforded under the policies will not be cancelled without at least thirty (30) days prior written notice to the County of Camden.

10. INDEMNIFICATION

10.1 The contractor shall assume all risk of and responsibility for, and agrees to indemnify, defend, and save harmless the County of Camden and its officials and employees from and against any and all claims, demands, suits, actions, recoveries, judgments and costs and expenses in connection

[ITB-10] Version 1-6-26 therewith on account of the loss of life, property or injury or damage to the person, body, or property of any person or persons whatsoever, which shall arise from or result directly or indirectly from the work and/or materials supplied under this contract. This indemnification obligation is not limited by but is in addition to the insurance obligations contained in this agreement.

11. AWARD

11.1 Award of contract will be made by the Camden County Board of Commissioners within sixty (60) days after the bid opening or within the time allowed by law.

11.2 Upon award of the contract, the contract and performance bond shall be forwarded to the successful bidder. N.J.S.A. 40A:11-24(b) requires the contract to be signed by all parties within the time set forth in the specifications, which shall not exceed twenty-one (21) days, Sundays and holidays excepted, after the making of the award. At the expiration of such time, the County may elect to award the bid to the next lowest responsible bidder and accept as liquidated damages the bid security.

12. QUANTITIES – where applicable.

12.1 Quantities shown are approximate and the County reserves the right to increase or decrease them to the extent of twenty percent (20%) at the unit price bid. If the number of units in the total is less than ten (10), the County shall have the right to increase or decrease the quantity to not more than ten (10) or less than one at same unit price.

Such change, however, will only be upon the written order of the County.

13. PREVAILING WAGE ACT / CERTIFIED PAYROLL SUBMISSIONS

13.1 Pursuant to N.J.S.A. 34:11-56.25 et seq., and as amended, successful bidders on projects for public work shall adhere to all requirements of the New Jersey Prevailing Wage Act.

13.2 The contractor on any public works project for the County shall be required to submit a certified payroll record to the Department of Labor and Workforce Development.

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

14. METHOD OF AWARD

14.1 For goods and services contracts the County may award the work based on the lowest responsible Base Bid or may elect to award the work based on the line items or unit prices, whichever is in the best interest of the County.

14.2 For construction contracts, the County will award the contract to the lowest responsible bidder whose base bid is the lowest.

14.3 The cost of any Alternate(s) included in the bid shall be awarded consistent with New Jersey law.

15. TERM OF CONTRACT

15.1 The term of the contract to be awarded as the result of this bid shall be for one (1) year from the date of execution of the agreement unless otherwise stated in the bid technical specifications.

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16. TERMINATION

16.1 The County may terminate the agreement for any reason upon thirty (30) days written notice to the contractor. The County shall only be responsible for payment up to the effective date of termination.

17. AMERICAN GOODS AND PRODUCTS TO BE USED WHERE AVAILABLE

17.1 Pursuant to N.J.S.A. 40A:11-18, only manufactured and farm products of the United States wherever available, shall be used in the execution of the work or supply of goods as specified herein.

18. AVAILABILITY OF FUNDS

18.1 Pursuant to N.J.S.A. 40A:11-15 any contract resulting from this bid shall be subject to the availability and appropriation of sufficient funds annually.

19. PURCHASING FROM STATE CONTRACT

19.1 The County reserves the right to purchase, during the term of any contract to be awarded, any of the specified materials and/or services through the New Jersey State Cooperative Purchasing Agreement (State Contract) if it is in the County's best interest to do so.

20. BRAND NAMES AND/OR PRODUCT DESCRIPTION

20.1 Pursuant to N.J.S.A. 40A:11-13, brand names and/or descriptions used in this specification for bid proposal are to acquaint prospective bidders with the type of equipment (or commodity) described and will be used as a standard by which alternate or competitive materials offered will be judged. Competitive items must be equal to the standard described and be of the same reputation for quality and workmanship. Variations between the equipment described and material offered are to be fully explained by the bidder in an accompanying letter. In the absence of any changes by the bidder, it will be presumed and required that materials as described in these specifications be delivered.

It is recognized that no two pieces of equipment and no two products are engineered or designed the same. Trade names, brand names and models specified herein are provided to establish a minimum standard of quality acceptable to the County for this bid. Substitute brands, makes and models shall be considered and reviewed based on its ability to perform the specified tasks or provide the same quality of goods as specified in the County's bid. This is known as an "Equivalent".

If the bidder seeks to provide an Equivalent product or good, the bidder shall with its bid, submit specifications or cut sheets for such proposed Equivalent product or good. The County's Architect/Engineer, or specifications writer, for the bid shall review the submission provided by the bidder to determine whether the product or good is an Equivalent to the bid specification. The County's Architect/Engineer or specifications writer shall have the final decision on whether a bidder's submitted product specifications are an Equivalent to the named product(s) or good(s) in the bid.

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21. WORKER AND COMMUNITY RIGHT TO KNOW

21.1 The successful bidder shall comply with all provisions of the Worker and Community Right to Know Act, N.J.S.A. 34:5A-1 et seq., as well as the regulations under the Act (N.J.A.C. 8:59-1.1 et seq.).

22. COOPERATIVE PRICING

22.1 If this bid is being issued under the Camden County Cooperative Pricing System, System Identifier No. 57-CCCPS, then each bidder must read the Rules and Instructions for Bids Under the Camden County Cooperative Pricing System attached hereto and indicate on Exhibit L whether its bid proposal is extended or not extended to registered system members (other agencies) by checking the appropriate box.

IMPORTANT NOTICE: A bidder's failure to complete Exhibit L in the case of a bid for the Camden County Cooperative Pricing System shall be deemed to be an extension of prices by that bidder to registered system members (other agencies).

23. BIDS FOR THE PURCHASE OF TEXTILES AND ITEMS OF APPAREL

In accordance with Resolution No. 55 of the Camden County Board of Commissioners adopted on May 21, 1998, the following terms and conditions shall apply to all bids for the purchase of textiles and/or items of apparel:

23.1 Disclosure of all subcontractors and sites

Each bidder shall set forth in Exhibit M of its bid response the name and address of each subcontractor to be used in the provision of the goods or services which are the subject of this bid. Additionally, each bidder shall set forth in Exhibit M of its bid the name and address of all locations, including subcontractor locations, substantially involved in the production of the goods or services which are the subject of this bid.

Such information shall be considered public information.

23.2 Certification of Compliance.

Bidders shall certify in Exhibit M that each location, including subcontractor locations, substantially involved in producing or distributing such goods meet the following standards:

a. Compensation. Wage and benefit levels must be sufficient to meet basic needs and provide some discretionary income for a family of 4 (a "living wage"). For employment within the United States, this shall mean wages of at least $7 per hour in 1997 dollars, along with affordable family health benefits and company-paid pension benefits typical of responsible employers.

b. Rights. The company respects workers' rights to speak up about working conditions without fear of retaliation, and to form unions of their own choosing without employer resistance. Due process and just cause procedures are used for discipline or discharge. The company complies with all laws, regulations, and ILO standards governing the workplace. The company does not use child labor, forced labor, or

[ITB-13] Version 1-6-26 corporal punishment. The company does not discriminate in hiring, promotion or compensation based on race, national origin, religion, gender, sexual preference, union affiliation, or political affiliation.

c. Safety and Health. The company provides a safe and healthy work environment.

23.3 Correction and remediation of violations; Proof of compliance

The County may, at its discretion, require correction and remediation of violations of the standards listed above prior to renewing commerce with the contractor. The County may require further proof of compliance with the standards. Upon the County's request, the contractor or subcontractor shall make all relevant records available to the County or its designee.

24. COMPLIANCE WITH PUBLIC WORKS CONTRACTOR

REGISTRATION ACT

The bidder shall comply with The Public Works Contractor Registration Act, N.J.S.A. 34:11-56.48 et seq. on all bids for public works as defined in the law. Proof of compliance with this law, when applicable, must be submitted prior to award of contract. The bidder and its named specialty trade sub- contractor(s) listed in Exhibit N (see below), shall provide proof of compliance prior to award of contract or bid will be rejected as non-compliant. Questions regarding this law may be directed to the New Jersey Department of Labor and Workforce Development, Contractor Registration Unit at 609-292- 9464. The County strongly recommends that each bidder provide its public works contractor registration certificate (and certificates for each Exhibit N subcontractor) with submission of bids.

25. REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND

CERTIFICATION

Upon execution of the contract with the County, the successful bidder shall be required to complete and submit IRS Form W-9, Request for Taxpayer Identification Number and Certification to the County’s Division of Accounts Payable, 520 Market Street, 6th Floor, Camden, New Jersey 08102.

This requirement shall only apply to the successful bidder. Failure by the successful bidder to meet this requirement shall result in the County withholding such funds as required by IRS regulations.

26. BIDS FOR CONSTRUCTION / DISCLOSURE OF SUBCONTRACTORS

26.1 Definition of Construction Bid.

“Construction” means construction, alteration, or repair of any public building when the entire cost of the work will exceed the bid threshold. In addition to construction bids, the County specifically requires that bidders identify all subcontractors in specialty trade categories for all bids where such specialty trades may be required (see below and Section 35).

26.2 Disclosure of Subcontractors.

a. Bidders must list in Exhibit N, all subcontractors in the specialty trade categories of: Plumbing and Gas Fitting, and All Kindred Work; Steam Power Plants, Steam and Hot Water Heating and Ventilating Apparatus, and All Kindred Work; Electrical Work;

and Structural Steel and Ornamental Iron Work, as required by N.J.S.A. 40A:11-16.

FAILURE TO LIST THESE REQUIRED SUBCONTRACTORS SHALL BE CAUSE

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FOR REJECTION OF BID. Bidders with questions regarding this process should consult their counsel.

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b. Substitution of specialty trade subcontractors shall be permitted only in cases of impossibility, e.g., the death of the subcontractor or where the subcontractor goes out of business.

c. The bidder’s proposal will be rejected if the specialty trade subcontractors listed do not comply with the requirements for the designated work tasks.

d. A general contractor that intends to utilize a specific specialty trade subcontractor to perform work in one or more of the above-referenced specialty trade categories set forth in N.J.S.A. 40A:11-16 (See Exhibit N), shall provide the required information about that subcontractor in the appropriate spaces for each specialty trade category applicable to the contract.

A general contractor that intends to perform work in one or more of the above-referenced specialty trade categories set forth in N.J.S.A. 40A:11-16 (See Exhibit N) through the use of its own employees or the general contractor itself rather than through utilization of a specialty trade subcontractor shall write the word “In-House” next to each applicable category and then insert the name, and the license number where required, of each such employee of the general contractor or the general contractor itself in the appropriate spaces for each specialty trade category applicable to the contract.

If the contract does not involve any of the above-referenced specialty trade categories set forth in N.J.S.A. 40A:11-16, the contractor shall insert the word “None” in each appropriate space provided.

e. If the bidder proposes to perform plumbing, gas fitting and all kindred work with its own personnel, it shall follow the requirements of N.J.S.A. 45:14C- 1 et seq. and N.J.A.C. 13:32-1.1 et seq.

f. If the bidder proposes to perform electrical work with its own personnel, it shall follow the requirements of N.J.S.A. 45:5A-1 et seq. and N.J.A.C. 13:31-

1.1 et seq.

27. RESERVED

28. NO DAMAGES FOR DELAY

Extension of the contract time shall be the sole remedy of the Contractor for any: (1) delay in the commencement, prosecution or completion of the work; (2) hindrance or obstruction in the performance of the work; (3) loss of productivity; or (4) other similar claims whether or not such delays are foreseeable, unless such delay is due to the County’s negligence, bad faith, active interference, tortious conduct or other reasons uncontemplated by the parties that delay the contractor’s performance, in accordance with the provisions of N.J.S.A. 40A:11-

16.7. The aforementioned shall apply to any contract awarded as the result of this bid including but not limited to contracts for construction, goods, or services.

29. ALTERNATIVE DISPUTE RESOLUTION

For construction contracts, as defined in N.J.S.A. 40A:11-50, disputes arising under the contract shall be submitted to mediation or non-binding arbitration pursuant to industry standards prior to being submitted to a court for adjudication.

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30. COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT

The successful bidder shall comply with the mandatory language of the Americans with Disabilities Act as set forth in Exhibit P attached hereto.

31. COMPLIANCE WITH CONTRACTOR BUSINESS REGISTRATION

PROGRAM

Pursuant to N.J.S.A. 52:32-44, Camden County is prohibited from entering in a contract with an entity unless the bidder/proposer/contractor, and each subcontractor that is required by law to be named in a bid/proposal/contract has a valid Business Registration Certificate on file with the Division of Revenue and Enterprise Services within the Department of the Treasury.

Prior to contract award or authorization, the contractor shall provide the Contracting Agency with its proof of business registration and that of any named subcontractor(s).

Subcontractors named in a bid or proposal shall provide proof of business registration to the bidder, who in turn, shall provide it to the Contracting Agency prior to the time of contract, purchase order, or other contracting document is awarded or authorized.

During the course of contract performance:

(1) The contractor shall not enter in a contract with a subcontractor unless the subcontractor first provides the contractor with a valid proof of business registration.

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

(3) The contractor and any subcontractor providing goods or performing services under the contract, and each of their affiliates, shall collect and remit to the Director of the Division of Taxation in the Department of Treasury, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A. 54:32B-1 et seq.) on all sales of tangible personal property delivered in the State. Any questions in this regard can be directed to the Division of Taxation at (609) 292- 6400.

Form NJ-REG can be filed online at www.state.nj.us/treasury/revenue/busregcert.shtml.

Before final payment is made under the contract, the contractor shall submit to the Contracting Agency a complete and accurate list of all subcontractors used and their addresses.

Pursuant to N.J.S.A. 54:49-4.1, a business organization that fails to provide a copy of a business registration as required, or that provides false business registration information, shall be liable for a penalty of $25 for each day of violation, not to exceed $50,000, for each proof of business registration not properly provided under a contract with a contracting agency.

The County strongly recommends that each bidder provides its BRC (and BRC’s for each subcontractor) with submission of bids.

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EXAMPLES OF BUSINESS REGISTRATION CERTIFICATES

32. ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA

The bidder shall complete, sign, and return with bid Exhibit Q attached hereto. Form must be completed and returned with bid regardless of whether addenda were issued by the County.

33. UNIFORMED LAW ENFORCEMENT OFFICERS REQUIREMENT FORM

Pursuant to N.J.S.A. 40A:11-23.1(c) if uniformed law enforcement officers are required for the project, Exhibit R will be completed by the County and indicate a good faith estimate of the total cost of traffic control personnel, vehicles, equipment, administrative, or any other costs associated with additional traffic control requirements as determined by the County with input from any other public entity affected by the project. These estimated amounts reflect those costs above and beyond the bidder’s traffic control costs.

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34. APPROVAL AND CERTIFICATION OF BILLING

Authorization for payment of periodic billing, final payments or retainage monies requires approval and certification by formal resolution of the Camden County Board of Commissioners. Pursuant to N.J.S.A. 40A:11-19.1, unless otherwise provided for in the contract, the required payment date shall be 60 calendar days from the receipt of a properly executed invoice, or 60 calendar days from the receipt of goods or services, whichever is later. Interest shall not be paid unless goods and services are rendered.

Interest on amounts due shall be paid for the period beginning on the day after the required payment date and ending on the date on which the check for payment is drawn. Interest shall be paid at the rate specified by the State Treasurer for State late payments.

35. PROPRIETARY GOODS

County to Check if applicable

If checked off above, the goods set forth in the technical specifications have been certified as proprietary goods in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq. No substitutions or equivalents will be accepted. Please see the technical specifications attached hereto.

36. CONTRACTS WHERE ASPHALT WORK ISINCLUDED IN

SPECIFICATIONS

N.J.S.A. 40A:11-13(g) requires the inclusion of a pay item for an asphalt price adjustment for any bid specification that includes the purchase or use of hot mix asphalt; provides for application of a fuel price adjustment where a pay item is eligible (see NJDOT Section 160.03.01, where applicable); for contracts issued for more than 1,000 tons, requires the price adjustment pay item be applied to each ton of hot mix asphalt purchased and used, not just the tonnage exceeding the 1,000 ton threshold; clarifies that the term “hot mix asphalt” includes equivalent asphalt cement-based products (e.g. warm mix asphalt); prohibits disaggregation of quantities to avoid compliance with the law.

37. Pursuant to N.J.S.A. 40A:11-16.6, all construction contracts issued by the County when the total price of the originally awarded contract equals or exceed $5,000,000.00, shall allow for value engineering construction change orders to be approved after the award of the contract.

38. PERMISSION FOR BIDDER TO WITHDRAW A PUBLIC

WORKS BID DUE TO A MISTAKE IN CERTAIN

CIRCUMSTANCES

N.J.S.A. 40A:11-23.3 authorizes a bidder to request withdrawal of a public works bid due to a mistake on the part of the bidder. A mistake is defined by N.J.S.A. 40A:11-2(42) as a clerical error that is an unintentional and substantial computational error or an unintentional omission of a substantial quantity of labor, material, or both, from the final bid computation.

A bidder claiming a mistake under N.J.S.A. 40A:11-23.3 must submit a request for withdrawal, in writing, by certified or registered mail to the Camden County Purchasing Agent, 520 Market Street, 6th Floor, Camden, New Jersey, 08102. Written requests must be provided within five business days after the receipt and opening of the bids. The bid withdrawal shall be effective as of the postmark of the certified or registered mailing.

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A bidder’s request to withdraw the bid shall contain evidence, including any pertinent documents, demonstrating that a mistake was made. Such documents and relevant

[ITB-20] Version 1-6-26 written information shall be reviewed and evaluated by the public owner’s designated staff pursuant to the statutory criteria of N.J.S.A. 40A:11-23.3.

The County will not consider any written request for a bid withdrawal for a mistake as defined by N.J.S.A. 40A:11-2(42), by a bidder in the preparation of a bid proposal unless the postmark of the certified or registered mailing is within five business days following the opening of bids.

If a bidder is granted a bid withdrawal, the bidder shall be disqualified from future bidding on the same project, including whenever all bids are rejected pursuant to N.J.S.A. 40A:11- 13.2

39. N.J.A.C. § 17:44-2.2 AUTHORITY TO AUDIT OR REVIEW CONTRACT

RECORDS

(a) Relevant records of private vendors or other persons entering contracts with covered entities are subject to audit or review by OSC pursuant to N.J.S.A. 52:15C- 14(d).

(b) The contract partner shall maintain all documentation related to products, transactions or services under this contract for a period of five years from the date of final payment.

Such records shall be made available to the New Jersey Office of the State Comptroller upon request."

40. NEW JERSEY ANTI-DISCRIMINATION PROVISIONS: N.J.S.A. 10:2-1 et seq.

If awarded a contract, the contractor agrees to abide by the New Jersey anti-discrimination provisions contained in N.J.S.A. 10:2-1 et seq. See Exhibit U.

41. CHANGED CONDITIONS

Please see Exhibit V: N.J.S.A. 40A:11-16.7, Changed conditions contract provisions;

inclusion in certain construction contracts.

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EXHIBIT A

BID BOND

A. We, the undersigned as Principal and as Surety, are hereby held and firmly bound unto in the penal sum of Dollars

($ ), lawful money of the United States for the payment of which well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed this day of , 20 _ .

B. THE CONDITION of the above obligation is such that whereas the Principal has submitted to the , a certain bid attached hereto and hereby made a part of hereto and hereby made a part of hereof, to enter into a contract in writing for the (insert type of work)

C. NOW THEREFORE:

If said bid shall be rejected, or in the alternate, if said bid shall be accepted and the Principal shall execute and deliver a contract in the form of Agreement required by the Bid Documents and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all respects perform the agreement created by the acceptance of said bid. Then this obligation shall be void, otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

D. THE SURETY for value received, hereby stipulates and agrees that the obligations of said

Surety and its bond shall in no way be impaired or affected by an extension of the time within the "OBLIGEE" may accept such bid. And said Surety does hereby waive notice of any such extension.

E. IN WITNESS, WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such…