essex BID_26-185_082150.pdf

NOTIFICATION

Every bid must be enclosed in a sealed envelope with the following information clearly written on the face of the envelope:

• Bid Number;

• Title of Bid;

• Date of Bid;

• and Opening Time of Bid.

The County of Essex disclaims any responsibility for bids forwarded by regular or overnight mail, or courier service. If the bid is sent by courier service, the designation above must also appear on the outside of the courier service company envelope or package. Bids received after the time of the scheduled opening will be returned unopened.

PER THE NJ DEPARTMENT OF LABOR (NJDOL)

VENDORS ARE REQUIRED TO REGISTER ON THE NJ

WAGE HUB WHICH IS THE NEW ONLINE CERTIFIED

PAYROLL SYSTEM

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

BIDDER MUST SUBMIT ONE (1) ORIGINAL AND TWO (2)

COPIES

PLEASE DO NOT SUBMIT DOUBLE-SIDED BID COPIES

BIDS WILL BE OPENED IN THE OLD CAFETERIA ACROSS

FROM THE OFFICE OF PURCHASING ROOM 335 IN THE

HALL OF RECORDS

Revised 5/13/26 BP

GENERAL ELECTRICAL IMPROVEMENTS SERVICES TO

VARIOUS ESSEX COUNTY BUILDINGS & FACILITIES

BID NUMBER# 26-185

ESSEX COUNTY, NEW JERSEY

Contact Person: Office of Purchasing

Julius N. Coltre, Purchasing Director 465 Dr. MLK. Blvd Rm 335 Newark, NJ 07102/XX Phone 973-621-5100/Fax # 973-621-5109

Bid Due Date: October 2nd, 2026 at 11:00 a.m.

COUNTY OF ESSEX

MUST READ & INITIAL MANDATORY FOR CONSTUCTION

Bidder must initial the boxes to the right of each listed item upon reading and signing as instructed.

If the box contains a bidder is to execute & submit the required form.

If a read item.

DOCUMENT CHECKLIST – ENGINEERING PROJECTS

Page

Bidder Initial Each

Item assuring the form listed is EXECUTED

Bid Compliance Form – COMPLETE AND SIGN 3

Bid Guarantee in the amount of 10% of total bid – MUST ACCOMPANY BID 5

Consent of Surety / Bid Bonds Instructions- READ ONLY 5

Performance Bond requirements-READ ONLY 5

One Year Maintenance Bond and Payment Bond – READ ONLY 5

Public Works Contractor Registration Certificate-MUST BE REGISTERED 9-10

Business Registration Certificate Form-READ ONLY 11

Standard Construction Insurance Requirements - COMPLETE, SIGN AND NOTARY SEAL and NOTARIZED 15-18

Stockholder Disclosure Certification Form – SIGN AND NOTARY SEAL 19-21

Addenda Acknowledgement Form – COMPLETE AND SIGN 22

Affirmative Action Language Acknowledgement Form - SIGNATURE 23

Statement of Certain Political Contributions- COMPLETE AND SIGN 24

Vendor Information Sheet- COMPLETE AND SIGN 25

Disclosure of Investment Activities in Iran – Complete and Sign 26

Non-Involvement in Prohibited Russia-Belarus Activities - Complete and Sign 27

Hold Harmless Certification- COMPLETE AND SIGN 28

Non-Collusion Affidavit Form-SIGN AND NOTARIZED AND NOTARY SEAL 29

Mandatory Equal Employment Opportunity Language- READ ONLY 30-32

Americans with Disabilities Act of 1990 Language- READ ONLY 33

Prevailing Wage Compliance Declaration- SIGNATURE

RECOMMENDED FORM TO BE USED 34

Payroll Certification Forms- READ ONLY 35

Initial Project Workforce Report Form AA-201- READ ONLY 36

Plan & Equipment Questionnaire/ Status of Present Contracts- COMPLETE, SIGN AND NOTARIZED AND NOTARY SEAL 37-40

Statement of Financial Responsibility – COMPLETE, SIGN AND NOTARIZED

AND NOTARY SEAL 41-44

Subcontractors Identification Sheet – COMPLETE AND SIGN 45

Authorization and Release- COMPLETE AND SIGN 46

Acknowledgement of Principal- SIGNATURE AND NOTARY SEAL 47

Bid Bond Form/ Consent of Surety Form - SIGNATURE AND CORPORATE

SEAL RECOMMENDED FORMS 48-50

Surety Disclosure Statement- COMPLETE AND SIGN 51-52

Performance, Labor and Materials Payments Bond- READ ONLY 53

Bid Proposal Pricing Forms – COMPLETE, SIGN AND CORPORATE SEAL 54

465 Dr. Martin Luther King Jr. Blvd.

Room 335 Newark, N.J. 07102

Proposal to: The County of Essex Bid Proposal No. 26-185

Advertised Date: September, 15th,2026 Bid Opening Date: October 2nd, 2026 Time: 11:00 a.m.

BID PROPOSAL COMPLIANCE FORM

Pursuant to public advertisement, we, the undersigned, hereby declare that we have carefully examined the attached bid proposal, specifications and all bid form sheets attached hereto, for:

Contract Name: General Electrical Improvements Services to Various Essex County

Buildings & Facilities

Fee for Bid Specifications: N/A Pre Bid Conference Date: N/A

Deadline for Bid Submission: October 2nd, 2026 at 11:00 AM

This bid submitted is for the above named and advertised Bid Proposal at firm prices, excluding all taxes and including all transportation, delivery charges fully prepaid F.O.B. destination, inside delivery, debris removed, in accordance with the General Specifications, Requirements, and Schedules specified herein.

It is understood that the attached general specifications are an integral part of the proposal and that the Board of County Commissioners reserves the right to reject any or all bid proposals pursuant to Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq. and to waive immaterial informalities. Bidders are required to comply with the requirement of N.J.S.A. 10:5-31, et seq. and the Americans with Disabilities Act and N.J.A.C. 17:27.

All questions are to be submitted in writing to the Office of Purchasing (via fax #973-621-5109 or email at procurequestions@admin.essexcountynj.org) no later than 4:30 PM at the end of business day, eight (8) business days prior to the deadline for submission of date as stated above. The specific bid number with the title must be in the email subject line. Only questions received by the Office of Purchasing will be answered and be considered official

Respectfully Submitted by:

Company Name: ___________________________________________________________________

Signature: ________________________________________ Date: ___________________________

(President, Vice President or Authorized Rep.)

Print Name _____________________________________ Title: _____________________________

Address__________________________________________________________________________

Phone: ____________________________________ Fax: __________________________________

NOTE: BE ADVISED THAT FOR AWARD OF BID YOUR ORGANIZATION MUST ATTEND ESSEX

COUNTY BOARD OF COUNTY COMMISSIONERS MEETING, UNLESS OTHERWISE NOTIFIED

BY THE COUNTY.

NOTE: WITH RESPONSE PLEASE SUBMIT ONE (1) ORIGINAL AND TWO (2) COPIES OF YOUR BID

PROPOSAL

NOTE: BIDS WILL BE OPENED AT THE DATE SHOWN ABOVE IN THE COUNTY

BID ROOM #348 LOCATED IN THE HALL OF RECORDS.

NOTE: ALL PROPOSALS ARE TO BE SEALED and clearly marked on the outermost packaging or envelope with the project name and/or project number (see cover page), and must be received by mail or other method of delivery by NO later than the submission deadline date and time so stated on the cover of this document.

Instructions to Bidders and Statutory Requirements

. SUBMISSION OF BIDS

A. Sealed bids shall be received by the COUNTY OF ESSEX, hereinafter referred to as “County,” in accordance with public advertisement as required by law.

B. Sealed bids will be received by the Purchasing Agent at no later than the submission deadline (“Bid Opening”), as stated in the Legal Notice to Bidders, and at such time and place will be publicly opened and read aloud.

C. The bid shall be submitted in a sealed envelope: (1) addressed to the County, (2) bearing the name and address of the bidder written on the face of the envelope, and (3) clearly marked "BID" with the contract title and/or bid # being bid.

D. An individual Bidder cannot submit multiple bids, nor can an agent represent and submit bids for multiple competitive bidders.

E. It is the bidder's responsibility that bids are presented to the County at the time and at the place designated. Bids may be hand delivered or mailed; however, the County disclaims any responsibility for bids forwarded by regular or overnight mail. If the bid is sent by express mail service, the designation in sub-section C, above, must also appear on the outside of the express mail envelope. Bids received after the designated time and date will be returned unopened.

F. Sealed bids forwarded to the County 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 individual is or represents the principal or principals involved in the bid. Once bids have been opened, they shall remain firm for a period of sixty (60) calendar days. Should a bidder seek to withdraw their bid due to a clerical error, the request must be delivered in writing to the Purchasing Agent via registered or certified mail in no more than five (5) business days from the bid opening date.

F. All prices and amounts must be written in ink or preferably machine-printed. 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 specifications, or irregularities of any kind, may be rejected by the County. Any changes, whiteouts, strikeouts, etc. in the bid must be initialed in ink by the person signing the bid.

H. Each bid proposal form must be submitted upon the bid proposal form included in these documents complete with the full business address, business phone, fax, e-mail if available, the contact person of the bidder, and be signed by an authorized representative as follows:

• Bids by partnerships must furnish the full name of all partners and must be signed in the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and designation of the person signing.

• Bids by corporations must be signed in the legal name of the corporation, followed by the name of the State in which incorporated 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-proprietorship shall be signed by the proprietor.

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

I. 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 for the bidder to knowingly submit a false claim and/or knowingly make material misrepresentation.

• N.J.S.A. 2C:27-11 (a) provides that a person commits a crime if said person offers a benefit to a public servant 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(b) provides that a person 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.

II. BID SECURITY AND BONDING REQUIREMENTS

The following provisions indicated by an (X) on the submission checklist, shall be applicable to this bid and made a part of the bid documents:

A. BID GUARANTEE

Bid Guarantees are required pursuant to N.J.S.A. 40A:11-21. 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 bid price not to exceed $20,000, payable unconditionally to the COUNTY OF ESSEX. A sample bond form is found herein.

When submitting a Bid Bond, it shall contain Power of Attorney for full amount of Bid Bond from a surety company authorized to do business in the State of New Jersey and acceptable to the owner. The check or bond of the unsuccessful bidder(s) shall be returned pursuant to N.J.S.A. 40A:11-24 (a) . The check or bond of the bidder to whom the contract is awarded shall be retained until a contract is executed and the required performance bond or other security is submitted. The check or 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. Please refer to the legal notice for specific direction before obtaining the bid bond.

NOTE: Failure to submit a bid guarantee shall result in an immediate and incurable rejection of bid.

NOTE: AIA Bond documents are not acceptable; presenting such shall result in rejection of the bid.

NOTE: Bid Bonds that contain the following language: “shall pay the Obligee the difference…” are unacceptable, the law is 10% of the bid amount not to exceed $20,000.00.

B. CONSENT OF SURETY

Bidder shall submit with the bid a Consent of Surety (form included herein on page 43), with Power of Attorney for full amount of bid price from a Surety Company authorized to do business in the State of New Jersey and acceptable to the County stating that it will provide said bidder with a Performance Bond in the full amount of the bid. This certificate shall be obtained in order to confirm that the bidder to whom the contract is awarded will furnish Performance and Payment Bonds from an acceptable surety company on behalf of said bidder, any or all subcontractors or by each respective subcontractor or by any combination thereof which results in performance security equal to the total amount of the contract, pursuant to N.J.S.A. 40A:11-22. Failure to submit consent of surety form shall result in rejection of the bid.

C. PERFORMANCE BOND

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 performance of this contract.

Unless otherwise directed in writing by the County, failure to submit this with the executed contract shall be cause for declaring the contract null and void.

The performance bond provided shall not be released until final acceptance of the whole work and then only if any liens or claims have been satisfied. The surety on such bond or bonds shall be a duly authorized surety company authorized to do business in the State of New Jersey pursuant to N.J.S.A. 17:31-5.

D. LABOR AND MATERIAL (PAYMENT) BOND

Bidder shall, with the delivery of the performance bond, submit an executed payment bond to guarantee payment to laborers and suppliers for the labor and material used in the work performed under the contract. Failure to submit a labor and material bond with the performance bond shall be cause for declaring the contract null and void.

E. MAINTENANCE BOND

Upon acceptance of the work by the County, the contractor shall submit a maintenance bond (N.J.S.A. 40A:11-16.3) in an amount not to exceed 100% of the project costs guaranteeing against defective quality of work or materials for the period of 1 year.

F. MANDATORY CONSTRUCTION CONTRACT DISPUTE PROCEDURES - NJSA 40A:11-50

(Process of resolution for construction contract disputes) All construction disputes arising under the contract shall be submitted to mediation pursuant to the rules and regulations of the American Arbitration Association or to such other mediator as shall be mutually agreed upon. The cost for mediation shall be split between the parties.

III. INTERPRETATION, ADDENDA AND DISCREPANCIES

A. The bidder understands and agrees that its bid is submitted on the basis of the specifications prepared by the County.

The bidder accepts the obligation to become familiar with these specifications. The laws and guidelines identified within the instructions, front-end documents and forms, are not to be superseded by any similar or contradicting guidelines found within the technical specification portion.

B. Bidders are expected to examine the specifications and related bid documents with care and observe all their requirements. Ambiguities, errors or omissions noted by bidders should be promptly reported in writing to the appropriate official. Any prospective bidder who wishes to challenge a bid specification shall file such challenges in writing with the contracting agent no less than three business days prior to the opening of the bids.

Challenges filed after that time shall be considered void and having no impact on the contracting unit or the award of a contract pursuant to N.J.S.A. 40A:11-13. In the event the bidder fails to notify the County of such ambiguities, errors or omissions, the bidder shall be bound by the requirements of the specifications and the bidder’s submitted bid.

C. No oral interpretation and or clarification of the meaning of the specifications for any goods and services will be made to any bidder. Such request shall be in writing, addressed to the Director of Purchasing, or as otherwise stipulated in the specification. In order to be given consideration, a written request must be received at least eight (8) business days (Saturday, Sunday and holidays excluded), prior to the date fixed for the opening of the bid for goods and services.

All interpretations, clarifications and any supplemental instructions will be in the form of written addenda to the specifications, and will be distributed to all prospective bidders. All addenda so issued shall become part of the specification and bid documents, and shall be acknowledged by the bidder in the bid. The County’s interpretations or corrections thereof shall be final. When issuing addenda, the County shall provide the required seven business days notice pursuant to N.J.S.A. 40A:11-23c. (2).

(No Saturdays, Sundays or holidays excepted) prior to the official receipt of bids to any person who has submitted a bid or who has received a bid package.

D. 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.

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

E. Pre-Bid Conference

If so stated in the Bid Proposal Compliance Form, a pre-bid conference for this proposal will be held. Attendance is not mandatory, but is strongly recommended. Failure to attend does not relieve the bidder of any requirements.

IV. BRAND NAMES, STANDARDS OF QUALITY AND PERFORMANCE

A. Brand names and/or descriptions used in these specifications are intended 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.

The use of brand names is not intended to preclude bidders from proposing equivalent goods or services. Whenever a brand name is identified in these specifications, the words “or equivalent” shall be deemed to follow.

B. Variations between the goods and services described and the goods and services offered are to be fully identified and described by the bidder on a separate sheet and submitted with the bid proposal form. Vendor literature WILL NOT suffice in explaining exceptions to these specifications. In the absence of any exceptions by the bidder, it will be presumed and required that the goods and services as described in the bid specification be provided or performed.

C. It is the responsibility of the bidder to document and/or demonstrate the equivalency of the goods and services offered.

The County reserves the right to evaluate the equivalency of the goods and services.

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

E. Only manufactured and farm products of the United States, wherever available, shall be used pursuant to N.J.S.A.

40A:11-18.

F. The contractor shall guarantee any or all goods and services supplied under these specifications. Defective or inferior goods shall be replaced at the expense of the contractor. The contractor will be responsible for return freight or restocking charges.

V. PRICING INFORMATION FOR PREPARATION OF BIDS

A. The County is exempt from any local, state or federal sales, use or excise tax.

B. Estimated Quantities (Open-End Contracts): The County has attempted to identify the item(s) and the estimated amounts of each item bid to cover its requirements; however, experience shows that the amount ordered may be different than that submitted for bidding. The right is reserved to decrease or increase the quantities specified in the bid documents pursuant to N.J.A.C. 5:30-11.2 and 11.10. NO MINIMUM PURCHASE IS IMPLIED OR GUARANTEED.

C. Contractor shall be responsible for obtaining any applicable permits or licenses from any government entity that has jurisdiction to require the same. All bids submitted shall have included this cost. COUNTY OF ESSEX fees shall be waived.

D. Bidders shall insert prices for furnishing goods and services required by these 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 County.

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.

VI. VALUE ENGINEERING

In accordance with and subject to the provisions of N.J.S.A. 40A:11-16.6, the contractor may submit a value engineering construction change order for contracts equal to or greater than $5,000,000.

VII. STATUTORY AND OTHER REQUIREMENTS

The following are mandatory requirements of this bid and contract.

A. MANDATORY AFFIRMATIVE ACTION CERTIFICATION

No firm may be issued a contract unless it complies with the affirmative action provisions of N.J.S.A. 10:5-31 et seq.

and N.J.A.C. 17:27-1 et seq. The following information summarizes the full, required regulatory text, which is included as Appendix A (Goods and Services) or Appendix B (Construction Contracts) of this bid specification.

1. Goods and Services (including professional services) Contracts

Each contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents:

i. A photocopy of a valid letter that the contractor is operating under an existing Federally approved or sanctioned affirmative action program (good for one year from the date of the letter); or

ii. A photocopy of a Certificate of Employee Information Report approval, issued in accordance with N.J.A.C.

17:27-4; or

iii. A photocopy of an Employee Information Report (Form AA 302) provided by the Division and distributed to the public agency to be completed by the contractor in accordance with N.J.A.C. 17:27-4.

2. Maintenance/Construction Contracts

After notification of award, but prior to signing the contract, the contractor shall submit to the public agency compliance officer and the Department of Labor and Workforce Development, Construction EEO Monitoring Program Department an initial project workforce report (Form AA201) provided to the public agency by the Department for distribution to and completion by the contractor, in accordance with N.J.A.C 17:27-7. The contractor shall also submit a copy of the Monthly Project Workforce Report (AA202) once a month thereafter for the duration of the contract to the public agency compliance officer. The contractor shall also cooperate with the public agency in the payment of budgeted funds, as is necessary, for on-the job and/or off-the-job programs for outreach and training of minorities and women.

B. AMERICANS WITH DISABILITIES ACT OF 1990

Discrimination on the basis of disability in contracting for the purchase of goods and services is prohibited. Bidders are required to read Americans with Disabilities language that is included as (pg. 31) of this specification and agree that the provisions of Title II of the Act are made a part of the contract. The contractor is obligated to comply with the Act and to hold the County harmless.

C. STOCKHOLDER DISCLOSURE (page 20)

Pursuant to N.J.S.A. 52-25-24.2 no corporation or partnership 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 bid or accompanying the bid, of said corporation or said partnership, there is submitted a statement setting forth the names and addresses of all stockholders in the corporation or partnership who own 10% or more of its stock, of any class or of all individual partners in the partnership who own a 10% or greater interest therein, as the case may be. If one or more such stockholder or partner is itself a corporation or partnership, the stockholders holding 10% or more of that corporation's stock, or the individual partners owning 10% or greater interest in that partnership, as the case may be, shall also be listed. The disclosure shall be continued until names and addresses of every non-corporate stockholder, and individual partner, exceeding the 10% ownership criteria established in this act, has been listed.

D. ADDITIONAL REQUIREMENT FOR SUCCESFUL BIDDER.

1. State Comptroller’s Authority to Audit and Review Contract Records: The bidder is hereby notified that relevant records of private vendors or other persons entering into contracts with covered entities are subject to audit or review by Office of State Comptroller pursuant to N.J.S.A 52:15C-14(d).

2. Record Retention Requirement: Pursuant to N.J.A.C. 17:44-2.2 the successful bidder shall maintain all documentation related to products, transactions or services under this contract for a period of five years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon request.

E. PRIOR TO CONTRACT AWARD

Pursuant to N.J.S.A. 52:32-44, each bidder (contractor) and any listed sub-contractor, is required to be registered prior to contract award. Proof of registration shall be a copy of the bidder’s Business Registration Certificate (BRC), which is obtained from the NJ Division of Revenue. Bidder are requested, but are not required, to submit the BRC with their bid.

N.J.S.A. 52:32-44 imposes the following requirements on contractors and all subcontractors that knowingly provide goods or perform services for a contractor fulfilling this contract:

1) Prior to receipt of final payment from a contracting agency, the contractor must submit to the contracting agency an accurate list of all subcontractors or attest that none was used;

2) During the term of this contract, the contractor and its affiliates shall collect and remit, and shall notify all subcontractors and their affiliates that they must collect and remit to the Director, New Jersey Division of Taxation, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A. 54:32B-1 et seq.)

on all sales of tangible personal property delivered into this State.

3) A contractor, subcontractor or supplier who fails to provide proof of business registration or provides false business registration information shall be liable to a penalty of $25 for each day of violation, not to exceed $50,000 for each business registration not properly provided or maintained under a contract with a contracting agency. Information on the law and its requirements is available by calling (609) 292- 9292.

E. 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 Act (N.J.S.A. 34:5A-1 et seq., and N.J.A.C 8:59-5 et seq.). Containers that the law and rules require to be labeled shall show the Chemical Abstracts Service number of all the components and the chemical name. Further, all applicable Material Safety Data Sheets (MSDS) - hazardous substance fact sheet - must be furnished.

F. NON-COLLUSION AFFIDAVIT

The Affidavit shall be properly executed and must be submitted with the bid proposal.

G. PREVAILING WAGE ACT

Pursuant to N.J.S.A. 34:11-56.25 et seq., contractors on projects for public work shall adhere to all requirements of the New Jersey Prevailing Wage Act. See Prevailing Wage Act Declaration on page 32. The contractor shall be required to submit a certified payroll record to the County within ten (10) days of the payment of the wages. The contractor is also responsible for obtaining and submitting all subcontractors' certified payroll records within the aforementioned time period. It is the contractor's responsibility to obtain any additional copies of the certified payroll form to be submitted by contacting the New Jersey Department of Labor and Workforce Development, Division of Workplace Standards. Additional information is available at www.state.nj.us/labor/lsse/lspubcon.html.

AWARDED BIDDERS MUST use the NJ DOLWD Payroll Certification Form R-08-12-08, a copy of which is herein

(PG 32-33).

H. THE PUBLIC WORKS CONTRACTOR REGISTRATION ACT

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

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

The law defines “public works projects” as contracts for "public work" as defined in the Prevailing Wage statute [N.J.S.A. 34:11-56.26(5)]. The term means:

• “Construction, reconstruction, demolition, alteration, or repair work, or maintenance work, including painting and decorating, done under contract and paid for in whole or in part out of the funds of a public body, except work performed under a rehabilitation program.

• "Public work" shall also mean construction, reconstruction, demolition, alteration, or repair work, done on any property or premises, whether or not the work is paid for from public funds…”

• “Maintenance work" means the repair of existing facilities when the size, type or extent of such facilities is not thereby changed or increased. While “maintenance” includes painting and decorating and is covered under the law, it does not include work such as routine landscape maintenance or janitorial services.

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

N.J.S.A. 34:11-56.55 specifically prohibits accepting applications for registration as a substitute for a certificate of registration. Certified Payroll records shall be submitted prior to the final payment being made.

PHOTOCOPY

OF

CONTRACTOR’S

REGISTRATION

CERTIFICATE

AS A PROFESSIONAL COURTESY,

BIDDERS MAY PLACE HERE A

PHOTOCOPY OF YOUR BRC HERE

VIII. AWARD OF CONTRACT

A. Pursuant to requirements of N.J.A.C. 5:30-5.1 et seq., any contract resulting from this bid shall be subject to the availability and appropriation of sufficient funds. Please see Section X, Termination of Contract, Sub-section E, for additional information.

B. If the award is to be made on the basis of a total bid only, it shall be made to the responsible responsive bidder submitting the lowest base bid.

C. If the award is to be made on the basis of a combination of a base bid with selected options (based on the availability of funds); it shall be made to the lowest responsible responsive bidder.

D. In case of a tie bid, the County may award the contract to the contractor whose bid, in the County’s discretion is the most advantageous, pirce and other factors considered.

E. The County may also elect to award the contract on the basis of lowest unit prices or total categories.

F. The form of contract shall be submitted by the County to the successful bidder. Terms of the specifications/bid package prevail. Bidder exceptions must be formally accepted by the County.

G. Within ten (10) days of receipt, the executed contract shall be returned to the County Legal Department along with Certificate of Insurance and Performance Bond in the amounts required by these specifications. If the successful bidder fails to enter into a contract within 21 days, Sundays and holidays excepted, or as otherwise agreed upon by the parties to the contract at its option, the County may accept the bid of the next lowest responsible bidder.

(N.J.S.A. 40A:11-24(b) ).

IX. CAUSES FOR REJECTING BIDS

Any bid may be rejected for any lawful reason. Including the reasons set forth at N.J.S.A. 40A:11-23.2.All bids may be rejected pursuant to N.J.S.A. 40A: 11-13.2.

X. 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 County 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 County of any obligation for balances to the contractor of any sum or sums set forth in the contract. County will pay only for goods and services accepted prior to termination.

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

C. The contractor agrees to indemnify and hold the County 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 County under this provision.

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

E. Continuation of the terms of the contract beyond the fiscal year is contingent on availability of funds in the following year's budget. In the event of unavailability of such funds, the County reserves the right to cancel the contract.

F. ACQUISITION, MERGER, SALE AND/OR TRANSFER OF BUSINESS, ETC. It is understood by all parties that if, during the life of the contract, the contractor disposes of his/her business concern by acquisition, 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 parties will be required to submit all documentation/legal instruments that were required in the original bid/contract. Any change shall be approved by the County.

G. The contractor will not assign any interest in the contract and shall not transfer any interest in the same without the prior written consent of the County.

H. The County may terminate the contract for convenience by providing 30 calendar days advanced notice to the contractor.

XI. EXEMPTION FROM NEW JERSEY STATE SALES TAXES

The attention of the Contractor is directed to the following provision of the New Jersey State Sales and Use Tax Act, pursuant to N.J.S.A 54:32B-1 et seq.

"8. Exempt sales. Receipts from the following shall be exempt from the tax on retail sales imposed under subsection (a) of Section 3 and the use tax imposed under section 6;

"(w) Sales made to contractors, subcontractors or repairmen or materials, supplies, or services for exclusive use in erecting structures, or building on, or otherwise improving, altering or repairing real property of organizations described in subsections (a) and (b) of section 9 of this act, provided any person seeking to qualify for this exemption shall do so pursuant to such rules and regulations and upon such forms as shall be prescribed by the director." P.L. 1966, Ch. 53.

The County is an exempt organization of the type described in subsection (a) of section 9 of the Act. In view of the foregoing, the Contractor should not include an amount for such New Jersey State taxes in his prices.

XII. TIME OF COMPLETION AND LIQUIDATED DAMAGES

Unless a notice to proceed provision is established otherwise herein, the work specified shall commence within twenty (20) days after the executed Contract is delivered to the Contractor and shall continue without interruption until all work is completed.

The entire work of the Project shall be completed within 730 Calendar Days from Notice to Proceed.

The Contractors obligations for the performance and completion of the Work within the times provided in this Contract are of the essence. The Contractor guarantees that he can and will complete such performance (including Extra Work) within the time above provided, subject, however, to an added clause entitled “Extensions of Time", should such clause be established in the technical specifications herein.

Inasmuch as the damage and the loss to the County which will result from the failure of the Contractor to complete such performance within the time above provided will include items of loss whose accurate amount will be incapable or very difficult for accurate estimation, the damages to the County for delay in the case of such failure on the part of the Contractor shall be liquidated in the sum of Five Hundred Dollars ($500.00) for each calendar day by which the Contractor shall fail to complete such performance in accordance with the provisions hereof; such liquidated damages shall not be considered as a penalty. The County will deduct and retain out of any money due, or become due hereunder, the amount of the liquidated damages.

XIII. RETAINAGE

A retainage shall be withheld from interim payments until final acceptance and final payment is made on the project in accordance with the following schedule:

Contract Amount Retainage Over $100,000 2.0%

XIV. PAYMENT

A. Prompt Payment of Construction Contracts

Prime Contractor shall be paid according to the guidelines set forth in N.J.S.A. 2A:30A-1 et seq. provided:

1. The contractor has performed in accordance with the contract; and

2. The work has been approved and certified by the County’s “Designated Project Manager”, hereafter referred to as “DPM”, who shall be named in the technical specifications herein, and

3. That a written statement identifying any discrepancies in the work has not been sent by the County to the contractor explaining any amount withheld and the reason for withholding payment.

4. If any or all of the associated with this bill is disputed, the portion of work which is not being questioned shall be paid in accordance with N.J.S.A. 2A:30A-1 et seq. A written explanation of any discrepancies shall be sent to the contractor no more than twenty days from the billing date. If the foregoing conditions have been met, the County shall pay the bill not more than thirty (30) calendar days after the billing date, or after the next Council Meeting date, whichever is less.

B. REQUEST FOR PAYMENT NOTIFICATION

1. When mailing or hand-delivering a Request for Payment, envelopes shall be clearly marked “Request for Payment” and sent directly to the County’s DPM. If an outside Consultant or Engineer has been contracted by the County for Construction Observation or Work Inspection, the contractor shall also submit a copy of the request for payment to the Consultant.

C. FINAL PAYMENT AND CLAIMS

1. After the final acceptance of work by the County and the Engineer, the balance of monies due will be paid up to 100% of the total work completed.

XV. E.L.E.C. NOTICE

REGARDING “PAY-TO-PLAY” DISCLOSURE OF CONTRIBUTIONS BY BUSINESS ENTITIES

Summary “Pay-to-Play” prohibition on business entity contributions (N.J.S.A. 19:44A-20.3 through 20.25): contributions by business entities that have or are seeking New Jersey government contracts, the “Pay-To-Play” disclosure law, requires that prior to entering a contract with a governmental entity of more than $17,500 that is not publicly advertised, a business entity must disclose to that governmental entity certain contributions made during the past year. Further, a business entity that has received $50,000 or more through government contracts in a calendar year is required to file an annual disclosure statement (Form BE) with the New Jersey Election Law Enforcement Commission, pursuant to N.J.S.A. 19:44A-20.27 (P.L.2005, c.271, §3), to report its political contributions and contract information.

The business entity annual statement form and instructions are available at:

https://wwwnet1.state.nj.us/lpd/elec/ptp/Form.aspx.

Form BE is required to be filed electronically by March 31, 2008 to report activity in calendar year 2007. All subsequent annual statements will be due by March 30th and will report information relevant to the previous calendar year.

For further information, please review the Pay-to-Play section on the Commission's website at www.elec.state.nj.us or contact the Special Programs Staff at the Commission at 609-292-8700 (toll free at 888-313-3532).

XVI. DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN

Pursuant to N.J.S.A. 52:32-58, the bidder must utilize the Disclosure Of Investment Activities in Iran form attached hereto (next page) to certify that neither the bidder, nor one of its parents, subsidiaries, and/or affiliates (as defined in N.J.S.A. 52:32- 56(e)(3)), is listed on the Department of the Treasury’s list of Persons or Entities Engaging in Prohibited Investment Activities in Iran and that neither the bidder, nor one of its parents, subsidiaries, and/or affiliates, is involved in any of the investment activities set forth in N.J.S.A. 52:32-56(f). If the bidder is unable to so certify, the bidder shall provide a detailed and precise description of such activities as directed on the form. A bidder’s failure to submit the completed and signed form with its proposal will result in rejection of the proposal as non-responsive and preclude the award of a contract to said bidder.

XVII. COMPLIANCE

Any documents attached to this bid package shall be subject to the provisions of New Jersey Local Public Contracts Law (N.J.S.A. 40A:11 et seq.), and should there be conflict of any sort within the technical specifications, or with any AIA or DOT documents attached, the statutes of the Local Public Contracts Law and guidelines found therein shall prevail.

STANDARD CONTRUCTION CONTRACTOR AGREEMENT INSURANCE REQUIREMENTS

Consent of Insurance Coverage

Construction Contractor, please promptly give this to your broker

These requirements constitute the Contract Insurance requirements

Throughout the life of this Contract, the Construction Contractor shall pay for and maintain in full force and effect with an insurance company(s) (Company) admitted by the New Jersey Department of Banking & Insurance to do business in the State of New Jersey and rated not less than “A- VIII” in Best Insurance Key Rating Guide, the following policies of insurance:

REQUIRED COVERAGES - the following may be provided through a combination of primary and excess policies in order to meet the minimum limits set forth below:

Workers’ Compensation and Employer’s Liability:

Provided in the State of New Jersey and elsewhere as may be required and shall include:

a) Workers’ Compensation Coverage: Statutory Requirements

b) Employers Liability Limits not less than:

Bodily Injury by Accident: $1,000,000 Each Accident Bodily Injury by Disease: $1,000,000 Each Employee Bodily Injury by Disease: $1,000,000 Policy Limit

c) When applicable, USL&H, Maritime Liability, FELA, and DBA Coverage.

d) Where applicable, if the Construction Contractor is lending or leasing its employees to the County for the work under this contract (e.g. crane rental with operator), it is the Construction Contractor’s responsibility to provide the Workers Compensation and Employer’s Liability coverage and to have their policy endorsed with the proper Alternate Employer Endorsement.

Commercial General Liability:

Provided on ISO form CG 00 01 12 07, or an equivalent form including Premises - Operations, Independent Contractors, Products/Completed Operations, Broad Form Property Damage, Contractual Liability, and Personal Injury and Advertising Injury. Occurrence Form with the following limits:

a. Each Occurrence: $1,000,000

b. General Aggregate $2,000,000

c. Products/Completed Operations Coverage must be maintained for a period of at least three (3) years after final payment / completion of work (including coverage for the Additional Insured’s as set forth in these Insurance Requirements).

d. The General Aggregate Limit must apply on a Per Project basis.

Automobile Liability:

When autos are used in conjunction with contracts/agreements with Essex County entity’s coverage must include all Owned, Hired and Non-Owned Vehicles or ( “Any Auto”). If you do not have any Owned Vehicles you are still required to maintain coverage for Hired and Non-Owned Vehicles as either a standalone policy or endorsed onto the Commercial General Liability policy above (CA 0001). Minimum limits of liability:

a) Per Accident Combined Single Limit $1,000,000

b) For Construction Contractor(s) involved in the transportation of hazardous material, include the following endorsements: MCS-90 and ISO-9948.

Commercial Umbrella Liability:

When scope of project exceeds $25,000,000.00 and/or when limits cannot be met with primary line of coverage) Policy(s) to apply on a Following Form Basis shall include Commercial General Liability, Automobile Liability and Employer Liability. Minimum limits of liability:

a. Each Occurrence: $10,000,000

b. General Aggregate (where applicable) $ 10,000,000

Rigger’s Liability Insurance:

Required only if contractors’ scope of work required mechanical lifting, lowering, rigging and hoisting of property/equipment. No overload exclusions are permitted. Minimum occurrence limit:

a. Each Occurrence Combined Single Limit: $1,000,000

Pollution Liability Insurance:

Required only if the contactor’s scope of work requires the performance of remediation of hazardous materials or if their operations create exposure to hazardous materials covering losses caused by pollution incidents that arise from the operations of the Contractor described under the scope of service of this contract. This is to include all work completed by the Contractor, including testing and/or removal of any and all pollutants. Minimum limits of liability:

a. Each Occurrence: $3,000,000

b. General Aggregate $3,000,000

c. Pollution liability insurance to be maintained for the duration of the work and for a period of three (3) years after completion of work/final payment.

d. No Exclusions for Silica, Asbestos, Lead and/or Lead Based Paint testing.

e. Include Mold Coverage for full policy limit of liability.

f. Shall include coverage for all pollutants as defined under the Resource Conversation and

Recovery Act, as amended, 42 U.S.C Section 6901 et Seq. (“RCRA”) or any related state or city environmental statue or the removal of any petroleum contaminated materials at the project.

g. All owned and/or 3rd party disposal facilities must be licensed and maintain pollution liability insurance of less than $5,000,000, if applicable.

Professional Liability Insurance:

Required when contractor’s scope of work included professional services including but not limited to Architects, Engineers, Surveyors, Etc. and are employed/contracted by contractor. Professional liability insurance providing occurrence basis coverage for the claims that arise from the negligent acts, errors or omissions, failure to render a service, or the negligent rendering of the service by provider or its Construction Contractors. Minimum limits of Liability:

a. Per Claim Limit: $2,000,000

b. Aggregate Limit: $2,000,000

c. The Definition of “Covered Services” shall include the services required in the scope of this contract.

d. Coverage shall be extended to cover “Green Building”, if applicable.

e. Three (3) year tail coverage extended reporting period or maintain coverage for a period of three years subsequent to the completion of the project or final payment.

Owned, Leased, Rented or Borrowed Equipment:

If/When applicable, to timely project completion contractor shall maintain Property Coverage for their owned, leased, rented or borrowed equipment, tools, trailer, etc.

a. Contractor shall provide coverage for damage to their work, materials to be part of the project (on-site and off-site) and in transit.

b. Contractor must determine if the Builder’s Risk Policy, if in place for this project, is adequate to protect the interest of the Contractor.

Indemnification:

To the extent that state and/or federal laws limit the terms and conditions of this clause, it shall be deemed so limited to comply with such state and/or federal law. This clause shall survive termination of this contract. Construction Contractor shall indemnify and hold harmless, the County, and their respective members, elected officials, employees, agents, and representatives (the “Indemnified Parties”) of any of them from and against claims, damages, losses, demands…