cape may MISC-13-26-REBID.pdf

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TABLE OF CONTENTS

CONTFIACT MISC-13-26-REBID

Section Section I

Section 11

Attachment A

Advertisement for Bids

General Instructions to Bidders

Exhibit 8 - Mandatory Equal Employment Opportunity Language

Affirmative Action Employee Information Report (Form AA201 )

Instructions for Completing the Initial Project Workforce Report (Form AA201 )

Sample Certificate of Employee Information Peport

Sample Federal Letter of Approval

Section Ill Specific Instructions to Bidders -Insurance Plequirements

Plequired Insurance Documentation

Section lv Technical specifications

SAMPLE CMCMUA FOF]M OF AGREEMENT

List of ADDendices A. Typical Confined Space Entry Program

8. Confined Space Specific Entry Permit C. General Entry Permit D. Hot Work Permit E. Calibration Log F. Confined Space classification Table

BID COMPLIANCE FOFtMS TO BE SUBMITTED WITH BID

PLqes

1-24

1. Bidder's checklist

2. Statement of ownership Disclosure

3. Non-Collusion Affidavit

4. Proposal Form(s)

5. Addenda Acknowledgement Form

6. Bid Guarantee (Certified Check, Cashier's Check or Bid Bond, with Power of Attorney)

7. Consent of Surety, with Power of Attorney (must be notarized)

8. Bidder's Experience/Reference Form

9. Additional Bidder's Qualifications Form

10. Equipment Certifjcation Form 1 1. Mandatory Designation of Subcontractors and/or Bidder's Own Workforce Form

BID COMPLIANCE FORMS TO BE SUBMITTED PFtloF] TO CONTF]ACT AWAF]D OR SOONEF]

Checklist (Document A) New Jersey Business Begistration Certificate Disclosure of Investment Activities in Iran Certification of Non-Involvement in Prohibited Activities in Prussia or Belarus lPIS Form W-9 Public Works Contractor Pegistration Certificate Lowest Bidder Prevailing Wage Certification -if required, based upon result of bid opening Federal Non-Debarment Certification

BID COMPLIANCE FOF]lvIS TO BE SUBMITTED AFTER CONTRACT AWAF]D OF] WITH THE

EXECUTED CONTF]ACT

Checklist (Document 8) Mandatory Affi rmative Action I rrsu rance Certificates Performance AND Payment Bond

SECTION I.

ADVERTISEMENT FOR BIDS

ADVERTISEMENT FOR BIDS

Cape May County Municipal utilities Authority 1523 Route 9 North

Cape May Court House, New Jersey 08210

(609) 465-9026

NOTICE IS HEREBY GIVEN that sealed Bids will be received by the Cape May County Municipal Utilities Authorrty,1523 Ploute 9 North, Cape May Court House, New Jersey, up to 2:00 p.in.

prevailing time, on Thursday. Auaust 27. 2026 at which time the Bids will be publicly unsealecd and the contents announced for the following:

CONTRACT MISC-13-26-F]EBID

Miscellaneous Mechanical Services

All bid documents are available for download upon completion of Vendor registration at www.cmcmua.com or can be made available by contacting the CMCMUA at info@cmcmua.com.

Bids must be enclosed in an opaque sealed envelope and plainly marked with the Name and Number of the Contract Bid, and contain the Name and Address of the Bidder on the envelope, pursuant to Section 11, Item I -Submission of Bids, Letter C.

Bids may be hand delivered to the CMCMUA by placing the Bid in the drop box located to the left of the front entrance of the CMCMUA's Administration Building,1523 Ploute 9 North, Cape May Court House or may be submitted via certified mail or overnight delivery. The Authority assumes no responsibility for Bids received after the designated time and date, and will return late Bids to the Bidder unopened.

Members of the public may witness the unsealing and announcement of Bid contents in the CMCMUA Administration Building or through YouTube Livestream at:

httDs//wiM^r.voutube.com/channevucoJZ-M289FLlv7bw6WQawvA. Bid documents will be made available to attendees for inspection after all Bids and/or PIFPs scheduled for the day have been opened.

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

17:27-1 et seq.

The Authority reserves the right, in accordance with the provisions of the Local Public Contracts Law, N.J.S.A. 40A:11 -13.2, to reject all bids as permitted by this Statute.

Dated: Auaust 12. 2026

Purchasing Agent Executive Director

SECTloN 11.

GENERAL INSTRUCTIONS TO BIDDERS

SECTloN 11

GENERAL INSTRUCTloNS TO BIDDERS

I. SUBMISSION OFBIDS

A. Sealed Bids shall be received by the Cape May County Municipal Utilities Authority, hereinafter referred to as "Owner", in accordance with the public advertisement as required by law, with a copy of the public advertisement being attached hereto and made a part of these Specifications.

8. Sealed Bids shall be received by the Owner at the time and location of the Bid opening as stated in the public advertisement, and at such time and place will be publicly opened and read aloud.

C. The Bid shall be submitted in a sealed opaque envelope and/or package: (1) addressed to the Owner,

(2) bearing the name and address of the Bidder written on the face of the opaque envelope and/or package, and (3) clearly marked "BID" with the Contract title and Contract number of the Contract being bid and the time and date of the Bid opening. If the sealed envelope bearing the Bid is enclosed in a separate envelope and/or packaging, the outermost envelope and/or package shall be cleariy marked with "BID ENCLOSED", Contract title and Contract number of the Contract being bid and the time and date of the Bid opening.

Bidder must supply one (1) original (original signed documents) set of Bid documents along with one

(1) electronic copy (DVD-CDROM-USB Flash Drive) of the original Bid documents, in the sealed opaque envelope and/or package described above.

D. It is the Bidder's responsibility to present its Bid to the Owner prior to or at the time, the date, and at the place designated. Bids may be hand delivered or mailed; however, the Owner disclaims any responsibi[fty for Bids forvarded by regular or overnight mail. Bids received after the designated time and date WILL NOT be accepted and will be returned unopened.

E. Address of the owner:

Cape May County Municipal Utilities Authority Attn: Purchasing Agent 1523 Route 9 North Cape May Court House, NJ 08210

F. Sealed Bids forwarded to the Owner before the time`of opening of Bids may be withdrawn upon written application of the Bidder who shall be required to produce evidence showing that the indMdual is or represents the principal or principals involved in the Bid. Once Bids have been opened, they shall remain firm for a period of si)cty (60) calendar days, except that the Bids of any Bidders who consent thereto may, at the request of the Owner, be held for such longer periods as may be agreed.

G. More than one Bid from an individual, a Firm or Partnership, a Corporation or Association under the same names shall not be considered.

H. All prices and amounts must be written in !!!E or preferably machine-printed on the Bid Proposal Form furnished with the Bid Specification.

I. Each Bid Proposal Form must give the full business address, business phone, fax, e-mail, the contact person of the Bidder, and be signed in !!!!K by an authorieed representative as follows:

• Bids by Partnerships 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.

Rev. 8#024

• Bids by corporations must be signed in the legal name of the corporation and must contain the signature and designation of the President, Secretary or other person authorized to bind the Corporation in the matter.

• Bids by sole proprietorships shall be signed by the proprietor,

• \/Vhen requested, satisfactory evidence of the authority of the officer signing shall be furnished.

J. All signatures on all forms must be signed in !±!!ES.

K. Bids containing any conditions, omissions, unexplained erasures or alterations, items not called for in the Bid Proposal Form, attachment of additive information not required by the Bid Specification, or irregularities of any kind, may be cause for rejection by the Owner in accordance with applicable law.

L, Any changes, whjteouts, strikeouts, etc. in the Bid must be lNITIALED IN INK by the person signing the Bid. The Owner may reject, as incomplete, Bids which contain erasures not properly initialed, or incomplete Bid documents.

M. Bidder should be aware of the following statutes that represent "Truth in Contracting" laws:

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

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

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

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

N. Pay-to-Play Disclosure -Business entities are advised of their responsibility to file an Annual Disclosure Statement of political contributions with the New Jersey Election Law Enforcement Commission ("ELEC") pursuant to N.J.S.A. 19:44A-20.27 if they receive contracts in excess of $50,000 from public entities in a calendar year. Business entities are responsible for determining if filing is necessary.

Additional information on this requirement is available from ELEC at 888-313-3532 or at www.elec.state.ni.us.

0. The Bid Specifcation is available for download on the Owner'swebsite www.cmcmua.com at no cost, upon completion of registration. The Bid Specification can be examined at the address of the Owner during normal business hours. The Owner is not responsible for third party supplied Bid Specifications or documents; therefore, the Owner urges interested parties to register with the Owner through the Owner's website. Addenda, if any, will be issued to registered users, Rev. 8/2024

11. INTERPRETATIONS AND ADDENDA

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

a. Bidders are expected to examine the Bid Specifications with care and observe all its requirements.

Ambiguities, errors or omissions noted by Bidders should be promptly reported in writing to Jessica L.

Baird, QPA, Purchasing Agent, at bairdil@cmcmua.com.

C. Any prospective Bidder who wishes to challenge a Bid Specification shall file such challenges in writing with Jessica L. Baird, QPA, Purchasing Agent, at bairdil@cmcmua.com, no less than three (3) business days prior to the Bid opening. Challenges filed after that time shall be considered void and have no impact on the contracting unit or the award of a Contract pursuantto N.J.S.A. 40A:11-13. In the event the Bidder fails to notify the Owner of such ambiguities, errors or omissions, the Bidder shall be bound by the requirements of the Specifications and the Bidder's submitted Bid.

Recognizing that any challenge received three (3) business days prior to the Bid opening date has the potential to cause a considerable delay to the Contract award process, it is requested that any prospective Bidder who intends to challenge a provision(s) of the Bid Specification notify the Owner's Purchasing Agent in advance, at least seven (7) business days prior to submitting a formal written challenge, advising of the nature and/or basis Of the anticipated challenge/objection, so the Owner will have an opportunity to evaluate the Bidder's objections.

D. Bidders, unless specifically directed in the Bid Specifications, are not to seek information from Owner's employees.

E. No oral interpretation and/or clarification of the meaning of the Bid Specifications will be made to any Bidder. Such request shall be in writing, addressed to Jessica L. Baird, QPA, Purchasing Agent, at bairdil@cmcmua.com . In order to be given consideration, a written request must be received at least ten (10) business days prior to the date fixed for the Bid opening.

F. All interpretations, clarifications and any supplemental instructions will be in the form of written Addenda to the Bid Specifications and notice will be sent to potential Bidders who provided a fax number, physical address or email address when obtaining a copy of the Bid Specifications, or had submitted a Bid submission. All Addenda so issued shall become part of the Bid Specification and shall be acknowledged by the Bidder in the Bid by completing the "Acknowledgement of Receipt of Addenda" form. The Owner's interpretations or corrections thereof shall be final. NOTE: The "Acknowledgement of Receipt of Addenda" form must be completed, whether or not Addenda were issued.

G. Pursuant to N.J.S.A. 40A: 11-23(c) when issuing Addenda, the Owner shall provide required notice prior to the official receipt of Bids to any person who has submitted a Bid or who has received a Bid Specification, H. Discrepancies in Bids

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

2. In the event that there is a discrepancy between the unit prices and the extended totals, the unit prices shall prevail.

3. In the event there is an error of the summation of the extended totals, the computation by the Owner of the extended totals shall govern.

Rev, 8ra024

Ill, BRAND NAMES, STANDARDS OF QUALITY AND PERFORMANCE

A. Brand names and/or descriptions used jn the Bid Specifications are to acquaint Bidders with the types of goods and services desired and will be used as a standard by which goods and services offered as equivalent will be evaluated.

8. When the phrase "brand name or equivalent" is utilized in the Bid Specification, the listed brand name shall serve as a reference or point of comparison for the functional or operational characteristic desired for the good or service being requested.

C. Where a Bidder submits an equivalent, it shall be the responsibility of the Bidder to document the equivalence claim no matter how slight. Failure to submit such documentation shall be grounds for rejection of the claim of equivalence.

D. The Owner reserves the right to establish the equivalency of a product which, in its deliberations, best meets the intentions and need of the Owner.

E. In submitting its Bid, the Bidder certifies that the goods and services to be furnished will not infringe upon any valid patent or trademark. The Successful Bidder shall, at its own expense, defend any and all actions or suits charging such infringement, and will save the Owner harmless from any damages resulting from such infringement.

F. The Successful Bidder shall guarantee any or all goods and services supplied under the Bid Specifications. Defective or inferior goods shall be replaced at the expense of the Successful Bidder.

The Successful Bidder will be responsible for return freight or restocking charges.

G. All services delivered under this Contract shall be to the satisfaction of the Owner, who reserves the right to confirm the amount, quality] acceptability and fitness of the services which are to be paid for hereunder and shall decide any questions which may arise as to the fulfillment of this Contract. The determination of the Owner in these matters shall be final and conclusive.

IV. PRICING INFORMATION FOR PREPARATION OF BIDS

A. The Owner is exempt from any Local, State or Federal Sales, Use or Excise Tax.

8. Estimated Quantities (Open-End Contracts): The Owner has attempted to identify the item(s) and the estimated quantities of each item listed in the Bid Specification to cover its requirements based on the best information available at the time the Bid Specifications were prepared. The right is reserved to decrease or increase the quantities specified in the Specifications pursuant to N.J.A.C. 5:30-11.2 and

11.10. NO MINIMUM PURCHASE IS IMPLIED OR GUARANTEED. Any unused balance at the end of the Contract shall automatically be canceled.

C. For Goods and Service Contracts, the Owner reserves the right to increase or decrease quantities listed in the Bid Specifications at the Unit Price Bid, up to twenty percent (20%) of the original Contract price with a properly executed Change Order pursuant to N.J.A.C. 5:30-11 et seq.

D. For Construction Contracts, in cases where the required changes involve a substantial sum and considerable time will be required to determine the equitable adjustment or the exact extent of the change and it is determined that it would be inequitable to require the Contractor to finance the change until the equitable adjustment is finally determined, the Change Order may be issued in two parts. The first part will provide an amount for payment purposes only and will expressly stipulate that such amount is tentative and the final adjustment will be made in the second part of the Change Order after acceptable negotiations have taken place. A properly executed Change Order shall not exceed twenty percent (20%) of the original Contract award amount.

E. For Construction Contracts, in cases where the Owner and the Contractor fail to reach an agreement in the price and the time required to complete the change, a unilateral Change Order will be issued by the Owner. A unilateral Change Order will only be issued when all reasonable efforts to reach an agreement have been exhausted.

F. unless otherwise stated in the Technical Specifications, the Contractor shall be responsible for obtaining and paying for any applicable permits, licenses, disposal fees, etc. from any government entity that has jurisdiction to require same in the performance of all services described herein. All Bids submitted shall have included this cost.

G. Bidders shall insert prices for furnishing goods and services required by these Bid Specifications.

Prices shall be net, including any charges for packing, crating, containers, etc. All transportation charges shall be fully prepaid by the Contractor, F.O.B. Destination and placement at locations specified by the Owner. As specified, placement may require inside deliveries. No additional charges will be allowed for any transportation costs resulting from partial shipments made for the Contractor's convenience.

H. In the event of a public emergency declared at the Local, State or Federal level prior to the expiration of the Contract, if the Owner opts to extend the terms and conditions of the Contract, the Contractor agrees to extend the terms and conditions of this Bid Specification, whether existing or expiring for no longer than six (6) months, for goods and/or services for the duration of the emergency. In the event the Contractor cannot meet this requirement, the Owner may solicit the goods and/or services from any other Bidder who submitted a Bid for this Contract.

V. CAUSES FOR REJECTING BIDS

A. Bids may be rejected for any of the following reasons:

1. All Bids pursuant to N.J.S.A. 40A:11-13.2;

2. If more than one Bid is received from an individual, Firm or Partnership, Corporation or Association under the same name;

3. Multiple Bids from an Agent representing competing Bidders;

4. The Bid is inappropriately unbalanced;

5. The Owner may reject as incomplete, Bids which contain erasures not properly initialecl, or incomplete Bid Documents. In the event that it is impossible to conform to certain details of the Bid Specifications, any and all deviations from the Bid Specifications must be described completely. Material deviations from the Bid Specifications will subject Bidder to disqualification for a non-conforming Bid. Deviations suggested by Bidder for convenience will also subject Bidder to disqualification for a non-conforming Bid;

6. The Bidder is determined to possess, pursuant to N.J.S.A. 40A:11-4, Prior Negative Experience; or,

7. If the Successful Bidder fails to enter into a contract within twenty-one (21) days, Sundays and holidays excepted, or as otherwise agreed upon by the Parties to the Contract. In this case, the Owner, at its option, pursuant to N.J.S.A. 40A:11-24b may accept the Bid of the next lowest responsible Bidder. \/Vhen present, the Bid Guarantee shall become property of the Owner.

VI. METHOD OF CONTRACTAWARD

A. Unless otherwise stated on the Bid Proposal Form, the length of the Contract(s) shall be for a period of one (1 ) year (twelve consecutive months) from the date of execution of the Contract(s), or as necessary to complete all work stipulated in the Contract documents. Contracts in excess of twelve (12) consecutive months shall be subject to the availability and appropriation annually of sufficient funds in the year in which it takes effect.

8. For Construction Contracts, the Contract Time may only be changed by a Change Order or a Written Amendment. Any claim for an extension or shortening of the Contract Time shall be based on written notice delivered by the party making the claim to the other party and to the Owner promptly (but in no event later than fifteen (15) days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within forty-five (45) days after such occurrence and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Time shall be determined by the Owner if the Contractor and the Owner cannot otherwise agree.

Failure to give written notice within fifteen (15) days or supporting data within forty-five (45) days will be deemed a waiver of such claim by the Contractor. The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of the Contractor if a valid claim is made therefore.

Delays beyond the control of the Contractor must result from acts or neglect by the Owner or acts by others performing additional work, or to fires, floods, labor disputes beyond the control of the Contractor and Subcontractors, epidemics, abnormal weather conditions, act of any civil or military authority, riot, embargo, or acts of God. In the event of a claim due to abnormal weather, the Contractor shall clearly demonstrate that the weather was abnormal. The provisions of this shall not exclude recovery for damages (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) for delay by either party.

C. This Contract will be awarded to the Responsible Bidder who submits the lowest total dollar amount for the Base Bid.

D. Bids received with an individual Bid item price in excess of a specified maximum Bid amount, or less than a specified minimum Bid amount, shall be considered as unresponsive.

E. Pursuant to N.J.S.A. 40A:11-6.1, whenever two (2) or more Responsible Bidders offer equal prices on a Bid "the Contracting Unit may award the Contract to the Bidder whose response, in the discretion of the Contracting Unit, is the most advantageous, price and other factors considered. In such case, the award resolution or purchase order documentation shall explain why the Bidder selected is the most advantageous."

F. In evaluating Bids, the Ownerwill consider whether or not the Bid complies with the Bid Specifications.

G. The Owner may conduct such investigations as the Owner deems necessary to assist in the evaluation of any Bid within the prescribed time.

H. The Owner reserves the right to award either single and/or multiple Contracts, if applicable, whichever is most advantageous to the Owner.

I. The form of Contract shall be furnished by the Owner to the Successful Bidder. Terms of the Bid Specifications prevail.

J. The Owner shall award the Contract or reject all Bids within sixty (60) days after the Bids are publicly opened, except that the Bids of any bidders who consent thereto may, at the request of the Owner, be held for consideration for such longer periods as may be agreed. All Bid prices and conditions shall remain firm during the evaluation period.

K. The Successful Bidder will be required to execute the Contract within ten (10) days (Sunday and holidays excluded) after receipt of notification that the Contract is ready for signature.

L. If the Succe.ssful Bidder shall fail to execute the Contract as foresaid, then the Owner may, by its option, determine the Bid and acceptance to be null and void. When present, the Bid Guarantee shall become the property of the Owner.

M. The effective date of this Contract shall be the date upon which the Executive Director (or designee) of the Cape May County Municipal utiljtjes Authority executes the Contract.

N, 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:

Jessica L. Baird, QPA Purchasing Agent Cape May County Municipal utilities Authority 1523 Route 9 North Cape May Court House, NJ 08210

The Bidder must request withdrawal of a Bid due to a mistake, as defined by the law, within five (5) business days after the receipt and opening of the Bids. Since the Bid withdrawal request shall be effective as of the postmark of the certified or registered mailing, Jessica L. Baird, QPA, Purchasing Agent, may contact all Bidders, after Bids are opened, to ascertain if any Bidders wish to, or already have exercised a request to withdraw their Bid pursuant to N.J.S.A. 40A:11-23:3.

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 written information shall be reviewed and evaluated by the Owner's designated staff pursuant to the statutory criteria of N.J.S.A.

40A: 11 -23.3.

The Owner 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 the five (5) business days following the opening of Bids.

VII. PAYMENT

A. No payment will be made unless duly authorized by the Owner's authorized representative and accompanied by proper documentation.

8. Pa.yment will be made in accordance with the Owner's policy and procedures and N.J.S.A. 40A:11-

19.1. Invoices shall specify, in detail, the period for which payment is claimed, the services performed during the prescribed period, the amount claimed and correlation between the services claimed and this Bid Proposal.

C. The Owner may withhold all or partial payments on account of subsequently discovered evidence including but not limited to the following:

1. Deliverables not complying with the project specification;

2. Claims filed or responsible evidence indicating probability of filing claims;

3. A reasonable doubt that the Contract can be completed for the balance then unpaid.

Vvhen the above grounds are removed, payment shall be made for amounts withheld because of them.

D. Public funds may be used to pay only for goods delivered or services rendered. The Owner shall not pay penalties and/or interest on overdue bills unless otherwise required by law. An employee of the Owner is not authorized to sign a Letter of Credit or any other document that represents a legal commitment on the part of the Owner to pay additional fees.

E. Regular scheduled meetings of the Owner's Board of Commissioners are held typically on the first and third Wednesday of each month. Please refer to www.cmcmua.com for the current meeting schedule.

The Contractor must submit a signed Voucher/Purchase Order with a detailed invoice and all supporting documentation in order to receive payment. Invoices received at least twenty (20) days prior to a regular scheduled meeting will be presented to the Board of Commissioners for approval at said meeting. Vvlthin five (5) business days following the meeting of the Owner's Board of Commissioners, a copy of the meeting minutes, which include formal action approving payment of invoices, will be forvarded to the Board of County Commissioners. The Board of County Commissioners then has ten

(10) days to veto any action taken by the Owner's Board of Commissioners, including the formal action of approving payment of invoices. If no action is taken by the Board of County Commissioners within said ten (10) days, the Owner's Board of Commissioners meeting minutes, including the formal action of approving payment of invoices, shall be deemed to be approved. Checks will be mailed within three

(3) days after final approval.

If the Owner challenges or disputes a bill or any portion of a bill presented for payment by the Contractor, then the Owner will, in prompt and timely manner, notify the Contractor in writing, what amount is to be withheld, the reasons for the withholding and what steps should be taken to cure the deficiency.

Payments to Prime Contractors and Subcontractors shall be made in accordance with N.J.A.C.

2A:30A-2 and N.J.S.A. 40A:11-16.2.

VllI. TERMINATION OF CONTRACT

A. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner obligations under the Contract or if the Contractor shall violate any of the requirements of the Contract, the Owner shall there upon have the right to terminate the Contract by giving written notice to the Contractor of such termination and specifying the effective date of termination. Such termination shall relieve the Owner of any obligation for balances to the Contractor of any sum or sums set forth in the Contract. Owner will pay only for goods and services accepted prior to termination.

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

C. The Contractor agrees to indemnify and hold the Owner harmless from any liability to Subcontractors/Suppliers concerning payment for work performed or goods supplied arising out of the lawful termination of the Contract by the Owner under this provision.

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

Rev. 8ra024

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

F. The Owner may terminate the Contract for convenience by providing sixty (60) calendar days advanced notice to the Contractor.

G. Pursuant to N,J.A.C.17.44-2.2, the Contractor shall maintain all documentation related to products, transactions or services under this Contract for a period of five (5) years from the date of final payment.

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

H. For Contracts that exceed one (1 ) year, each fiscal year payment obligation of the Owner is conditioned upon the availability of Owner funds appropriated or allocated for the payment of such an obligation. If funds are not allocated and available for the continuance of any services performed by the Contractor hereunder, whether in whole or in part, the Owner at the end of any particular fiscal year may terminate such services. The Owner will notify the Contractor in writing immediately of any services that will be affected by a shortage of appropriated funds. This provision shall not be construed so as to permit the Owner to terminate the Contract during the term, or any service hereunder, merely in order to acquire identical services from another Contractor, I Neither party shall be responsible for any resulting loss or obligation to fulfill duties as specified in any of the terms or provisions of a Contract if the fulfillment of any term or provision of the Contract is delayed or prevented by any revolutions, insurrections, riots, wars, acts of enemies, national emergencies, strikes, floods, fires, acts of God, or by any cause not within the control of the party whose performance is interfered with which by the exercise of reasonable diligence such party is unable to prevent. Additionally, if the fulfillment of any of the terms and provisions of the Contract is delayed or prevented by any court order, or action or injunction or other such agreement, the Contract shall become voidable by the Owner by notice to the Parties.

J. In the event that the Contractor fails to furnish and deliver the services set forth under this Contract, the Owner reserves the right to procure these services, for its needs, in the open market and charge the excess cost above the Contract Bid price, if any, to the Contractor. Upon default on the part of the Contractor in the performance of any of the terms and conditions of this Contract, the Owner shall have the right to terminate the Contract in addition to any other remedy to which the Owner may be legally entitled, including liability to the Owner for any and all damages incurred by the Owner by reason of said failure or default.

K. The Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of the Contract, or his/her rights, title or interest in or to the same of any part thereof, without consent in writing by the Owner. If the Contractor shall, without previous written consent, assign, transfer, convey, sublet or otherwise dispose of the Contract, in whole or in part, or of his/her right, title or interest therein, the Contract may, at the option of the Owner, be canceled and terminated.

IX. OTHER PROVISIONS

A. The Owner and Contractor agree to comply with all requirements of the Federal Health Insurance Portability and Accountability Act of 1996 ("HIPAA") as maybe amended from time to time, and the corresponding HIPAA regulations for the confidentiality and security of medical information. If awarded the Contract, the Contractorshall:

1. Not use or disclose protected health information other than as permitted or required by law

2. Use appropriate safeguards to protect the confidentiality of the information

3. Report any use or disclosure not permitted

The Contractor, by execution of the Contract, shall thereby indemnify and hold the Owner harmless from any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the failure of the Contractor to comply with the requirements of HIPAA or any other statute or case law protecting the privacy of persons using its services.

8. Data security

1. Definitions

"Authorized Persons" means (i) Contractor employees who must access Personal or Proprietary Information that is provided by the Owner in order for the Contractor to provide contracted service; and (ii) Contractor's subcontractors, agents, outsourcers and auditors, etc. who have a need to knowl or otherwise access Personal or Proprietary Information to enable the Contractor to perform its obligations under this Contract, and who are bound in writing by confidentiality obligations sufficient to protect Personal or Proprietary Information in accordance with the terms and conditions of this Contract.

"Personal Information" means information that is provided to the Contractor by the Owner, in the course of the Contractor's performance under this Contract that:

(i) identifies or can be used to identify an individual (including, without limitation, names, signatures, addresses, telephone numbers, e-mail addresses, and other unique identifiers); or (ii) can be used to authenticate an individual (including, without limitation, employee identification numbers, government-issued identification numbers (including social security number, driver's license number or. state-issued identified number), passwords or PINs, (iii) financial account number, credit card number, debit card number, credit report information, with or without any required security code, access code, personal identification number or password, that would permit access to an individual's financial account; or (iv) biometric or health data of an individual. (The Owner's business contact information is not by itself deemed Personal Information.)

"Proprietary Information" means confidential information belonging to the Owner such as schematics, user accounts, software information, and any other information that is not deemed as "Personal Information" belonging to the Owner or the Owner's Employees.

"Security Breach" means any incident that results in the unauthorized use or access of data, applications, services, networks and/or devices, which compromises either the security, confidentiality or integrity of the Owner's Information or the physical, technical, administrative or organizational safeguards put in place by the Contractor or any of the Contractor's Authorized Persons.

2. Securitv Breach Notification

• ln the event of any actual or suspected Security Breach suffered by the Contractor or in which the Contractor leams, with regard to any materials associated with the Owner, that either compromises or could compromise the Owner's Data, Owner's Transaction data, Proprietary Information, or Owner's employee Personal Information has occurred, whether the incident originates with the Contractor or extemally, the Contractor shall (a) within 24 hours of discovery, notify the Owner with both a written email to breach@cmcmua.com and telephone confirmation to

Mr. Branden Kelly, lT Director, (609) 465-9026 ext.8888; provided, however, that the Contractor has not been instructed by legal or regulatory authorities to keep the Security Breach confidential. Except as may be strictly required by law, the Contractor agrees that it use its best efforts to consult with the Owner prior to informing any third party of any such Security Breach; however, if such disclosure is required by law, the Contractor agrees to consult with the Owner regarding the content of such disclosure; (b) use continuous, commercially reasonable best efforts to correct the Security Breach; (c) provide the Owner with interim and final written reports as the Owner or the Owner's Security Breach consultant requires; and (d) document the Security Breach and provide the Owner with a detailed incident response log.

In the event of any Security Breach, the Owner shall have the right to immediately suspend accepting transactions, communications, and data from the Contractor;

provided, however, that the Owner will use commercially reasonable best efforts to limit any such suspension (both in terms of the period of time of the suspension and the scope of transactions impacted) to only that which is reasonably necessary to permit the Owner to investigate the severity of the Security Breach, devise a remedy or otherwise secure the Owner's data.

The Owner shall have the right to terminate this Contract immediately upon notice to the Contractor, at no cost or liability to the Owner, if the Contractor fails to notify the Owner of a Security Breach, fails to follow the Owner or the Owner's Security Breach consultant's Security Breach remedy and/or data securing procedures, or in the sole determination of the Owner or the Owner's Security Breach consultant that the extent of the Security Breach adversely impacts the Contractor ability to perform the services of the Contract.

The Contractor will comply and cooperate with any requests made by the Owner to help protect the Owner's Data, Owner's Transaction Data, Owner's Employee Personal Information and/or Proprietary Information and reduce its liability and as necessary to comply with applicable laws.

C. The Owner shall retain all of its rights and interest in any and all documents and property, both hard copy and digital, furnished by the Owner to the Contractor for the purpose of assisting the Contractor in the performance of this Contract. None of the documents and/or property shall, without the written consent of the Owner, be disclosed to others or used by the Contractor or permitted by the Contractor to be used by their parties at any time except in the performance of the resulting Contract.

The Contractor shall not have the right to use, sell, or disclose the total of the interim or final work products, or make available to third parties, without the prior written consent of the Owner. Any information supplied to the Owner may be required to be supplied on CD/DVD or USB flash drive media compatible with Microsoft Windows, and Microsoft Office Suite 2010 or greater.

D. Under State and Federal Statutes, certain government records are protected from public disclosure.

The Owner, the Contractor and any Subcontractor(s) have a responsibility and an obligation to safeguard from public access an employee's personal information with which it has been entrusted when disclosure thereof would violate the employee's reasonable expectation of privacy. All payroll, personnel and health insurance related files are confidential. Additionally, the Contractor and any Subcontractors may be privy to sensitive law enforcement information or investigations during their review which must remain confidential. The Owner retains the right to make any public disclosure under the law. Also, among. government records deemed confidential are administrative or technical information regarding computer hardware, software and networks that, if disclosed] would jeopardize computer security. The Contractor and ?ny Subcontractor(s) are prohibited from the sale or distribution of all supplied information to any third party.

E. Proof of licensure for any activrty regulated by the State of New Jersey and required to do the work required under this Bid Specification, for either the firm or the person responsible for the work, shall be provided as required by the Owner.

F. \/Vhen applicable, the Contractor is required to designate one (1) representative or contact person who will be responsible for proper and complete coordination of this Contract.

G. Recycling and Solid Waste Disposal Requirements

1. All solid waste and recyclable materials generated in Cape May County by the Contractor, both directly and indirectly in the payment of this Contract, shall be disposed of and/or recycled in accordance with the Cape May County Municipal utilities Authorfty "rerrr}s and Cond#/.ons for the Use Of the CMCMUA Solid Waste and Recycling Facilitie§' (`Dooumend') .in effect at the time of the performance of this Contract, as specifically detailed below, or as supplemented in the Technical Specifications. The Document is posted and made available on the Owner's website, v\/\/\/w.cmcmua.com, and contains detailed information regarding the proper disposition of solid waste and recyclable materials generated in Cape May County. Contractors are expected to read, understand, and comply with the Document.

• Solid waste and Recvclina Facilities: Both solid waste and recyclable material shall be disposed of, separately, at the Authority's Secure Sanitary Land fill Complex in Woodbine, New Jersey or the Authority's Transfer Station located in Middle Township, New Jersey. If the municipality in which the Contractor operates makes solid waste and/or recycling collection services available to the Contractor, the Contractor may utilize such services.

• Solid Waste Disposal Requirements: All non-hazardous solid waste generated by the Contractor, while performing work under this Contract, not source separated and recycled in accordance with the requirements set forth in item below, shall be delivered to an Authority Facility. The Contractor shall be subject to compliance with the disposal requirements and payment of applicable tipping fees as set forth in the Document.

• Recvclina Requirements: Section 5 of the Document specifically discusses the procedures related to disposal of recyclable material. Recyclables must be separated at the source from other waste types and must be deposited at an Authority Facility. If the Contractor generates recyclable materials that the Authority does not currently accept for recycling, the Contractor may recycle such materials at an NJDEP-approved recycling facility or other end market.

• The materials "designated" for recycling are specifically prohibited from being disposed of with solid waste of any type and are mandated for source separation by all waste generators for subsequent collection and recycling. Applicable surcharges may be assessed in accordance with the effective "CMCMUA So/;.d Waste and Recycling User Fees & Surcharge§' .

• Solid Waste Disposal or Recvclina Questions: lf you have any solid waste or recycling questions, please check the Authority's website, www.cmcmua.com, or contact a member of the Authority's Solid Waste Staff at (609) 465-9026.

X. BID SECURITY AND BONDING REQUIREMENTS

THEP ovlsloNS BE

( & Aa i + iLOW. , IFl \ DICATED BY AN t+ ENTS + +i,,(, z in BiD GUARANTEE

Bidder shall submit with the Bid a certified check, cashier's check or Bid Bond in the amount of ten percent (10%) of the total price Bid, but not in excess of $20,000, payable unconditionally to the Cape May County Municipal Utilities Authority. If a Bid Bond is submitted, in accordance with N.J,S.A.

40A: 11 -22, a Consent of Surety from a Surety Company authorized to do business in the State of New Jersey and acceptable to the Owner shall be furnished in the full amount of the Bid Bond. A valid Power of Attorney authorizing the Attorney-in-Fact named on the Consent of Surety from the Surety Company shall also be furnished.

The check or Bid Bond of the Bidder to whom the Contract is awarded shall be retained until a Contract is executed. The check or Bid Bond of the Successful Bidder shall be forfeited if the Bidder fails to enter into a Contract pursuant to N.J.S.A. 40A:11-21.

In lieu of a Consent of Surety, a Bidder may offer a bond of an individual. Bidder shall submit with the Bid a certificate signed by such individual similar to that required of a Surety Company. The Owner may reject any such Bid if it is not satisfied with the sufficiency of the individual surety offered.

Failure to submit a Bid Guarantee shall result in rejection of the Bid.

Failure to submit a Consent of Surety along with a Bid Bond shall result in rejection of the Bid.

Pursuant to N.J.S.A. 40A:11-24a, all checks or Bid Bonds, except the Bid Guarantee of the three (3) apparent lowest responsible Bidders, shall be returned, unless otherwise requested by the Bidder, within ten (10) days after the opening of the Bids, Sundays and holidays excluded, and the Bids of such Bidders shall be considered as withdrawn.

\/\/ithin three (3) days, Sundays and holidays excluded, after the awarding apg signing of the Contract Agreement by the Owner and the Successful Bidder and the approval of the Performance Bond, if applicable, the Bid Guarantee of the remaining unsuccessful Bidders shall be returned to them. The Bid Guarantee submitted by the three (3) apparent lowest responsible bidders shall not be deemed rejected, notwithstanding acceptance of one of the Bids, until the Contract has been executed by both the Owner and the Successful Bidder.

BZ| CONSENT OF SURETY FOR PERFORMANCE AND PAYMENT BOND

Bidder shall submit with the Bid a Consent of Surety with Power of Attorney for the 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 AD!Q Payment Bond in the full amount of the Bid.

This Consent of Surety shall be obtained in order to confirm that the Bidder to whom the Contract is awarded will furnish a Performance Bond 4b!Q Payment Bond 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. The form of the Bond shall comply with N.J.S.A. 2A:44-147.

The Surety Company shall hold a current Certificate of Authority issued by the U.S. Secretary of Treasury (known as U.S. Treasury Circular 570) that is valid in New Jersey, or meets certain standards that have been promulgated by the New Jersey Commissioner of Insurance (N.J.A.C.11 :1-41.1 et seq.).

In lieu of a Consent of Surety, a Bidder may offer a bond of an individual. Bidder shall submit with the Bid a certificate signed by such individual similar to that required of a Surety Company. The Owner may reject any such Bid if it is not satisfied with the sufficiency of the individual surety offered.

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

THE PROVIsloNS BELOW. IF INDICATED BY AN Ixl. SHALL BE APPLICABLE

TO THIS BID SPECIFICATION AND SHALL BE DELIVERED BY THE

SUCCESSFUL BIDDER TO THE OWNER AFTER CONTRACT .AWARD OR

WITH THE EXECUTED CONTRACT

BZI PERFORMANCE BOND

The Successful Bidder shall simultaneously with the delivery of the executed Contract, submit an executed Performance Bond in the amount of one hundred percent (100%) of the acceptable Bid as security for the faithful…