cape may municipal RFP-33-26.pdf

САРE MAY COUNTY MUNICIPAL UTILITIES AUTHORITY

MAY COUNTHCA

PE

CIPAL

UTILITIES

AUTHC

REQUEST FOR PROPOSALS

RFP-33-26

PROFESSIONAL ENGINEERING SERVICES

2027 MISCELLANEOUS ELECTRICAL ENGINEERING FOR THE

CAPE MAY COUNTY MUNICIPAL UTILITIES AUTHORITY

PROPOSAL OPENING: Thursday, November 19, 2026 at 2:00 p.m.

PROPOSALS TO BE OPENED AT CMCMUA ADMINISTRATIVE OFFICES

1523 Route 9 North, Cape May Court House, New Jersey 08210

TABLE OF CONTENTS

RFP-33-26

Section Pages

Section I Advertisement for Request for Proposals

Section II General Instructions to Proposers 1-15

Attachment A Exhibit A - Mandatory Equal Employment Opportunity Language

Affirmative Action Employee Information Report (Form AA302)

Instructions for Completing the Initial Project Workforce Report (Form AA302)

Sample Certificate of Employee Information Report

Sample Federal Letter of Approval

Section I}I Specific Instructions to Proposers - Insurance Requirements

Required Insurance Documentation

Section IV Technical Requirements

1-5

1-4

1-10

PROPOSAL COMPLIANCE FORMS TO BE SUBMITTED WITH PROPOSAL

Proposer's Checklist (Document #1) One (1) original (with original signature documents in INK) and four (4) copies and one (1) electronic copy

(DVD-CDROM-USB FLASH DRIVE) of the Proposal which includes the Evaluation Criteria as per Minimum Requirements

Statement of Ownership Disclosure (Document #2) Non-Collusion Affidavit (Document #3)

Proposal Form (Document #4)

PROPOSAL COMPLIANCE FORMS TO BE SUBMITTED PRIOR TO AWARD, OR SOONER

Checklist (Document A)

New Jersey Business Registration Certificate Disclosure of Investment Activities in Iran

Certification of Non-Involvement in Prohibited Activities in Russia or Belarus

IRS Form W-9

PROPOSAL COMPLIANCE FORMS TO BE SUBMITTED WITH THE EXECUTED CONTRACT, OR

SOONER

Checklist (Document B) Mandatory Affirmative Action

Insurance Certificates

SECTION I.

ADVERTISEMENT FOR REQUEST FOR PROPOSALS

ADVERTISEMENT FOR REQUEST FOR PROPOSAL

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 Proposals will be received by the Cape May County

Municipal Utilities Authority, 1523 Route 9 North, Cape May Court House, NJ up to 2:00 p.m.

prevailing time, on Thursday, November 19, 2026 at which time the Proposals will be publicly unsealed and the contents announced for the following:

All

RFP-33-26

Professional Engineering Services

2027 Miscellaneous Electrical Engineering for the

Cape May County Municipal Utilities Authority

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

at

Proposals must be enclosed in an opaque, sealed envelope and plainly marked with the Name and Number of the RFP and contain the Name and Address of the Proposer on the envelopе, pursuant to General Instructions to Proposers, Item I - Submission of Proposals.

Proposals may be hand delivered to the CMCMUA by placing the Proposal in the drop box located to the left of the front entrance of the CMCMUA's Administration Building, 1523 Route 9

North, Cape May Court House or may be submitted via certified mail or overnight delivery. The

Authority assumes no responsibility for Proposals received after the designated time and date, and will return late Proposals to the Proposer unopened.

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

https://www.youtube.com/channel/UCoJZ-M289FL1v7bw6WQgwyA. Proposal documents will be made available to attendees for inspection after all Bids and/or RFPs scheduled for the day have been opened.

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

of

This Request for Proposal is being solicited through a fair and open process in accordance with the requirements of N.J.S.A. 19:44A-20.4.

RsJessica L. Baird, QPA

Purchasing Agent

Dated: October 20, 2026

Joseph V. Rizzuto Executive Director

SECTION II.

GENERAL INSTRUCTIONS TO PROPOSERS

SECTION II

GENERAL INSTRUCTIONS TO PROPOSERS

I. SUBMISSION OF PROPOSALS

A. Sealed Proposals shall be received by the Cape May County Municipal Utilities Authority, hereinafter referred to as "Owner", in accordance with the public advertisement as published on the Owner's website (www.cmcmua.com), with a copy of the public advertisement being attached hereto and made a part of this Request for Proposals ("RFP").

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

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

Owner, (2) bearing the name and address of the Proposer written on the face of the opaque envelopе and/or package, and (3) clearly marked "PROPOSAL" with the RFP title and RFP number of the Proposal being submitted and the time and date of the Proposal opening. If the sealed envelope bearing the Proposal is enclosed in a separate envelope and/or packaging, the outermost envelope and/or package shall be clearly marked with "PROPOSAL ENCLOSED", RFP title and RFP number of the

Proposal being submitted and the time and date of the Proposal opening.

D. It is the Proposer's responsibility to present its Proposal to the Owner prior to or at the time, the date, and at the place designated. Proposals may be hand delivered or mailed; however, the Owner disclaims any responsibility for Proposals forwarded by regular or overnight mail. Proposals received after the designated time and date WILL NOT be accepted and will be returned unopened.

E. Address of the Owner:

F.

G.

Cape May County Municipal Utilities Authority Attn: Purchasing Agent 1523 Route 9 North

Cape May Court House, NJ 08210

Sealed Proposals forwarded to the Owner before the time of opening of Proposals may be withdrawn upon written application of the Proposer who shall be required to produce evidence showing that the individual is or represents the principal or principals involved in the Proposal. Once Proposals have been opened, they shall remain firm for a period of sixty (60) calendar days, except that the Proposals of any of the Proposers who consent thereto may, at the request of the Owner, be held for such longer periods as may be agreed.

More than one Proposal 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 INK or preferably machine-printed on the Proposal Form furnished with the RFP, if said Proposal Form is a part of this Proposal. (see Document #1, Proposer's Checklist.)

1. Each Proposal Form must give the full business address, business phone, fax, e-mail, the contact person of the Proposer, and be signed in INK by an authorized representative as follows:

Proposals 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.

Proposals 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.

Rev. 3/2024

Proposals by Sole Proprietorships shall be signed by the Proprietor.

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

J. All signatures on all forms must be signed in INK.

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

L.

N.J.S.A. 2C:21-34, et seq. governs false claims and representations by Proposers. It is a serious crime for the Proposer 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 Proposer commits a crime if said person, directly or indirectly, confers or agrees to confer any benefit not allowed by law to a public servant.

Proposer should consult the statutes or legal counsel for further information.

Pay-to-Play Disclosure - Business entities are advised of their responsibility to file an Annual Disclosure

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

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

M. The RFP is available for download on the Owner's website www.cmcmua.com at no cost, upon completion of registration. The RFP can be examined at the address of the Owner during normal business hours. The Owner is not responsible for third party supplied RFPs or documents; therefore, the Owner urges interested parties to register with the Owner through the Owner's website. RFP revisions and/or other clarifications, if any, will be issued to registered users.

II. INTERPRETATIONS

III.

A. The Proposer understands and agrees that its Proposal is submitted on the basis of the RFP prepared by the Owner. The Proposer accepts the obligation to become familiar with the requirements of the

RFP.

B. Proposers, unless specifically directed in the Proposal, are not to seek information from Owner's employees.

BRAND NAMES, STANDARDS OF QUALITY AND PERFORMANCE

A. Brand names and/or descriptions used in the RFP are to acquaint Proposers 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.

B. When the phrase "brand name or equivalent" is utilized in the RFP, 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 Proposer submits an equivalent, it shall be the responsibility of the Proposer 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 Proposal, the Proposer certifies that the goods and services to be furnished will not-infringe upon any valid patent or trademark. The Successful Proposer 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 Proposer shall guarantee any or all goods and services supplied under the Proposal.

Defective or inferior goods shall be replaced at the expense of the Successful Proposer. The Successful

Proposer will be responsible for return freight or restocking charges.

G. All services delivered under the Proposal 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 the Proposal. The determination of the Owner in these matters shall be final and concluşive.

IV. PRICING INFORMATION FOR PREPARATION OF PROPOSALS

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

V. CAUSES FOR REJECTING PROPOSALS

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

1. Any or all Proposals pursuant to the criteria enumerated in N.J.S.A. 40A:11-13.2;

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

3. Multiple Proposals from an Agent representing competing Proposers;

4. The Proposal is inappropriately unbalanced;

5. If the Successful Proposer 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 Proposal of another Proposer.

VI. METHOD OF CONTRACT AWARD

A. Unless otherwise stated in the Technical Requirements and/or the 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.

B. In evaluating Proposals, the Owner will consider whether or not the Proposal complies with the RFP.

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

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

E. The Successful Proposer 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.

F. If the Successful Proposer shall fail to execute the Contract as foresaid, then the Owner may, by its option, determine the Proposal and acceptance to be null and void.

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

VII. PAYMENT

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

B. Payment will be made in accordance with the Owner's policy and procedures. 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 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 requirements;

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.

When 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. Within 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 forwarded 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, then 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.

VIII. TERMINATION OF CONTRAСТ

A.

B.

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.

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

Rev. 3/2024

Contractor agrees to indemnify and hold the Owner harmless from any liability to

D.

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.

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.

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 Proposal/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.С. 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.

1.

J.

K.

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.

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.

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 Proposal 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 shail 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.

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 Contractor shall:

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.

B. 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 know 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.

(a)

"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:

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 (b) 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, (c) 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 (d) 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. Security Breach Notification

In the event of any actual or suspected Security Breach suffered by the Contractor or in which the Contractor learns, 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

C.

D.

externally, 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, IT 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's 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.

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.

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 any Subcontractor(s) are prohibited from the sale or distribution of all supplied information to any third party.

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

F. When 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 Authority “Terms and Conditions for the Use of the CMCMUA Solid Waste and Recycling Facilities" ("Document") in effect at the time of the performance of this Contract, as specifically detailed below, or as supplemented in the Technical Requirements. The Document is posted and made available on the Owner's website, www.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 Recycling Facilities: Both solid waste and recyclable material shall be disposed of, separately, at the Authority's Secure Sanitary Landfill 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 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.

Recycling 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 Solid Waste and

Recycling User Fees & Surcharges".

Solid Waste Disposal or Recycling Questions: If 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. STATUTORY AND OTHER REQUIREMENTS

THE PROVISIONS BELOW, IF INDICATED BY AN (X), ARE REQUIRED OF THIS

REQUEST FOR PROPOSAL AND THE CONTRACT

Rev. 3/2024

ANTI-DISCRIMINATION

All parties of any Contract with the Owner agree not to discriminate in employment and agree to abide by all anti-discrimination laws including those contained in N.J.S.A. 10:2-1 through N.J.S.A. 10:2-4, N.J.S.A.

10:5-1 et seq. and N.J.S.A. 10:5-31 through N.J.S.A. 10:5-38, and all rules and regulations issued thereunder are hereby incorporated by reference.

Pursuant to N.J.S.A. 10:2-1, if awarded a contract, the contractor agrees that:

a.

b.

C.

d.

In the hiring of persons for the performance of work under this contract or any subcontract hereunder, or for the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under this contract, no contractor, nor any person acting on behalf of such contractor or subcontractor, shall, by reason of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex, discriminate against any person who is qualified and available to perform the work to which the employment relates;

No contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee engaged in the performance of work under this contract or any subcontract hereunder, or engaged in the procurement, manufacture, assembling or furnishing or any such materials, equipment, supplies or services to be acquired under such contract, on account of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex;

There may be deducted from the amount payable to the contractor by the contracting public agency, under this contract, a penalty of $50.00 for each person for each calendar day during which such person is discriminated against or intimidated in violation of the provisions of the contract; and

This contract may be cancelled or terminated by the contracting public agency, and all money due or to become due hereunder may be forfeited, for any violation of this section of the contract occurring after notice to the contractor from the contracting public agency of any prior violation of this section of the contract.

AMERICAN GOODS AND PRODUCTS TO BE USED WHERE POSSIBLE

Only manufactured products of the United States, wherever available, shall be used in connection with this Contract pursuant to N.J.S.A. 40A:11-18.

NEW JERSEY WORKER AND COMMUNITY RIGHT TO KNOW ACT

The manufacturer or supplier of chemical substances or mixtures shall label them in accordance with the

N.J. Worker and Community Right to Know Law (N.J.S.A. 34:5A-1 et seq., and N.J.A.C 8:59-1.1 et seq.).

All direct use containers shall bear a label indicating the chemical name(s) and Chemical Abstracts Service number(s) of all hazardous substances in the container, and all other substances which are among the five most predominant substances in the container, or their trade secret registry number(s), pursuant to

N.J.A.C. 8:59-5, or adhere to the requirements of The Globally Harmonized System of Classification and Labeling of Chemicals (GHS) and the U.S. Occupational Safety and Health Administration (OSHA) Hazard

Communication Standard (HCS) as outlined in the Federal Register / Vol. 77, No. 58/ Monday, March 26, 2012/Rules and Regulations as adopted in the final rule by the DEPARTMENT OF LABOR, Occupational Safety and Health Administration, 29 CFR Parts 1910, 1915 and 1926 {Docket No. OSHA-H022K-2006- 0062, formerly Docket No. H022k)}, RIN 1218-AC20, Hazard Communication. Further, all applicable documentation must be furnished.

"Container" means a receptacle used to hold a liquid, solid or gaseous substance such as bottles, bags, barrels, cans, cylinders, drums and cartons. (N.J.A.C. 8:59-1.3). Further, all applicable Safety Data Sheets (SDS) - hazardous substance fact sheet - must be furnished. All containers which are stored at an Owner's facilities by the Contractor or Subcontractors shall display RTK labeling. Vendors with questions concerning labeling should contact the New Jersey Department of Health and Senior Services Right to Know Program for assistance in developing proper labels.

www.nj.gov/health/workplacehealthandsafety/right-to-know/

AMERICANS WITH DISABILITIES ACT OF 1990

The Contractor and the Owner do hereby agree that the provisions of Title 11 of the Americans with Disabilities Act of 1990 (the "Act") (42 U.S.C. S12101 et seq.), which prohibits discrimination on the basis of disability by Public Entities in all services, programs, and activities provided or made available by Public

Entities, and the rules and regulations promulgated pursuant there unto, are made a part of this Contract.

In providing any aid, benefit, or service on behalf of the Owner pursuant to this Contract, the Contractor agrees that the performance shall be in strict compliance with the Act. In the event that the Contractor, its

Agents, Servants, Employees, or Subcontractors violate or are alleged to have violated the Act during the performance of this Contract, the Contractor shall defend the Owner in any action or administrative proceeding commenced pursuant to this Act. The Contractor shall indemnify, protect, and save harmless the Owner, its Agents, Servants, and Employees from and against any and all suits, claims, losses, demands, or damages, of whatever kind or nature arising out of or claimed to arise out of the alleged violation. The Contractor shall, at its own expense, appear, defend, and pay any and all charges for legal services and any and all costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith. In any and all complaints brought pursuant to the Owner's grievance procedure, the Contractor agrees to abide by any decision of the Owner which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the Owner, or if the Owner incurs any expense to cure a violation of the Act which has been brought pursuant to its grievance procedure, the Contractor shall satisfy and discharge the same at its own expense.

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

It is expressly agreed and understood that any approval by the Owner of the services provided by the

Contractor pursuant to this Contract will not relieve the Contractor of the obligation to comply with the Act and to defend, indemnify, protect, and save harmless the Owner pursuant to this paragraph.

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

ALTERNATIVE DISPUTE RESOLUTION, N.J.S.A. 40A:11-50

All disputes arising under a construction Contract prior to the Owner making final payment, which are not resolved by negotiation between the parties, shall be submitted to mediation prior to being submitted to any other dispute resolution procedure agreed to by both the Contractor and the Owner and/or prior to being submitted to a Court for adjudication. The mediation shall be administered by the American

Arbitration Association ("AAA") under its Industry Mediation Rules (except if and as modified herein).

This mediation shall not apply to disputes concerning the Proposal solicitation or award process or to the formation of Contracts or subcontracts to be entered into pursuant to P.L. 1971, с. 198 (C.40A:11-et seq.) The Owner retains the right to seek injunctive or declaratory relief in court at any time.1

Notwithstanding industry rules or any provision of law to the contrary, whenever a dispute concerns more than one Contract, such as when a dispute in a Contract involving construction relates to a

Contract involving design, architecture, engineering or management, upon the demand of the Contractor or the Owner, other interested parties to the dispute shall be joined unless the mediator determines that such a joinder is inappropriate. Notwithstanding industry rules or any provision of law to the contrary, whenever more than one dispute of a similar nature arises under a construction Contract or related construction Contracts, upon the demand of one of the contracting parties, the disputes shall be joined in the mediation unless the mediator determines that the disputes are inappropriate for joinder.

For the purposes of this alternate dispute resolution provision, the term "construction contract" means a Contract involving construction and the term "related construction contracts" means a contract entered into by the Authority involving construction, design, architecture, engineering or construction management which is related to said construction Contract.

This alternate dispute resolution procedure shall not apply to claims of suppliers or subcontractors to the Contractor.

All mediation shall be held at a mutually agreeable location within Cape May County. All expenses and fees of the AAA and the mediator shall be borne equally by the Owner and the Contractor.

INDEMNIFICATION

The Contractor shall indemnify and hold harmless the Owner, its Officers, Agents, and employees from all claims, suits or actions, and damages or costs of every name and description to which the Owner may be subjected or put by reason of injury to the person or property of another, or the property of the

Owner, resulting from:

a) negligent acts or omissions on the part of the Contractor, the Contractor's Agents, Servants, Employees, or Subcontractors in the delivery of goods and services, or in the performance of the work under the Contract; and,

b) the use of any copyrighted or copyrighted composition, valid trademark, secret process, patented or unpatented invention or article furnished or used in the performance of this Contract.

THE PROVISIONS BELOW, IF INDICATED BY AN (X), ARE REQUIREMENTS

OF THE PROPOSAL SUBMISSION

PROPOSER'S CHECKLIST DOCUMENT

Proposer shall complete and sign in INK the Proposer's Checklist Document and include it in the

Proposal submission. The Proposer's Checklist Document serves as a guide to Proposers of the documents that are required to be submitted with the Proposal.

☑STATEMENT OF OWNERSHIP DISCLOSURE

Pursuant to N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended P.L. 2016, c.43), No Corporation, Partnership, or Limited Liability Company shall be awarded any contract nor shall any agreement be entered into for the performance of any work or the furnishing of any materials or supplies, the cost of which is to be paid with or out of any public funds, by the State, or any county, municipality or school district, or any subsidiary, or agency of the State, or of any county, municipality, or school district, or by any authority, board, or commission which exercises governmental functions, unless prior to the receipt of the Proposal or accompanying the Proposal, of said Corporation, said Partnership, or said Limited

Liability Company there is submitted a statement setting forth the names and addresses of stockholders in the Corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the Partnership who own a 10 percent or greater interest therein, or of all members in the

Limited Liability Company who own a 10 percent or greater interest therein, as the case may be.

all

If one or more such stockholder or partner or member is itself a Corporation or Partnership or Limited

Liability Company, the stockholders holding 10 percent or more of that Corporation's stock, or the individual partners owning 10 percent or greater interest in that Partnership, or the members owning

10 percent or greater interest in that Limited Liability Company, as the case may be, shall also be listed.

The disclosure shall be continued until names and addresses of every noncorporate stockholder, and individual partner, and member, exceeding the 10 percent ownership criteria established in this act, has been listed.

To comply with this section, a Proposer with any direct or indirect parent entity which is publicly traded may submit the name and address of each publicly traded entity and the name and address of each person that holds a 10 percent or greater beneficial interest in the publicly traded entity as of the last annual filing with the Federal Securities and Exchange Commission or the foreign equivalent, and, if there is any person that holds a 10 percent or greater beneficial interest, also shall submit links to the websites containing the last annual filings with the Federal Securities and Exchange Commission or the foreign equivalent and the relevant page numbers of the filings that contain the information on each person that holds a 10 percent or greater beneficial interest.

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

NON-COLLUSION AFFIDAVIT

The Non-Collusion Affidavit shall be properly executed in INK.

PROPOSAL FORM

THE PROVISIONS BELOW, IF INDICATED BY AN (X), ARE MANDATORY

REQUIREMENTS OF THIS REQUEST FOR PROPOSAL AND CONTRACT AND

SHALL BE SUBMITTED PRIOR TO CONTRACT AWARD OR SOONER.

Rev. 3/2024

PROOF OF NEW JERSEY BUSINESS REGISTRATION CERTIFICAТЕ

Pursuant to N.J.S.A. 52:32-44, the Owner is prohibited from entering into a Contract with an entity unless the Proposer/Proposer/Contractor, and each Subcontractor that is required by law to be named in a Proposal/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 Owner with its proof of

Business Registration and that of any named Subcontractor(s). Subcontractor(s) named in a Proposal or other Proposal shall provide proof of Business Registration to the Proposer, who in turn, shall provide it to the Owner prior to the time a Contract, Purchase Order, or other contracting document is awarded or authorized.

During the course of Contract performance:

(1) the Contractor shall not enter into a Contract with a Subcontractor unless the Subcontractor first provides the Contractor with a valid proof of Business Registration.

(2)

(3) the Contractor shall maintain and submit to the Owner a list of Subcontractors and their addresses that may be updated from time to time.

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 the Treasury, the use tax due pursuant to the Sales and Use

Tax Act, (N.J.S.A. 18:24-1 et seq.) on all sales of tangible personal property delivered into 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 Owner 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 Certificate 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.

DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN

In accordance with P.L. 2012, c.25 and P.L. 2021, c.4 (N.J.S.A. 52:32-55 and N.J.S.A. 40A:11-2.1), any person or entity that submits a Bid or Proposal or otherwise proposes to enter into or renew a contract is required to certify, prior to Contract award or renewal, that the person or entity is not identified on the list of persons or entities determined by the NJ Department of the Treasury to be engaged in…