essex TOWNSHIP OF WAYNE.pdf

BID REQUEST FOR

MISCELLANEOUS HVAC SERVICES AT VARIOUS ESSEX COUNTY

FACILITIES

BID NUMBER #26-203

ESSEX COUNTY, NEW JERSEY

DEPARTMENT OF PURCHASING

Contact Person: Office of Purchasing Fax # 973-621-5109

Bid Due Date: October 20th, 2026, at 11:00 a.m.

COUNTY OF ESSEX

DOCUMENT CHECKLIST

CONSTRUCTION PROJECTS

Bidder must initial the boxes to the right of each listed item upon reading and/or signing each item. If a box in the first column contains a , bidder is to sign and submit the form at the specified times below. If a box in the first column is blank , bidder is to read only.

Description Page Initials

DOCUMENTS FOR INSTRUCTIONS AND/OR SUBMISSION AS INDICATED

Consent of Surety / Bonding requirements (Section II of Instructions to Bidders-READ ONLY) 5

Business Registration Certificate Form-(required prior to contract award) 8

Public Works Contractor Registration Certificate-(Must be registered at time of bid; submission of Certificate required prior to contract award) 9

Provisions for Change of Field Conditions (READ ONLY) 14-17

Federal Debarment Certification (required prior to contract award) 30-33 Mandatory Equal Employment Opportunity Language (READ ONLY) 38-40

Americans with Disabilities Act of 1990 Language (READ ONLY) 41

Payroll Certification Forms (READ ONLY) 43-44

Performance, and Labor and Material Payment Bond (required with executed contract) 61

BID FORMS TO BE COMPLETED & SUBMITTED WITH THE BID

Bid Compliance Form 3

Bid Guarantee in the amount of 10% of total bid price but not to exceed $20,000.00 5

Standard Construction Insurance Requirements 18-22

Statement of Ownership Disclosure Certification Form 23-25

Addenda Acknowledgement Form 26

Affirmative Action Language Acknowledgement Form 27 Statement of Certain Political Contributions 28 Vendor Information Sheet 29 Disclosure of Investment Activities in Iran Form 34 Certification of Non-Involvement in prohibited activities in Russia or Belarus 35 Hold Harmless Certification- 36 Non-Collusion Affidavit Form- 37

Prevailing Wage Compliance Declaration 42

Plan & Equipment Questionnaire/ Status of Present Contracts 45-48

Statement of Previous Work Performed 49-52

Subcontractors Identification Sheet 53

Authorization and Release 54

Acknowledgement of Principal 55

Bid Bond Form/ Consent of Surety Form (Recommended Forms) 56-57

Surety Disclosure Statement 59-60

Bid Proposal Pricing Forms 62

Proposal to: The County of Essex Bid Proposal No. 26-203 465 Dr. Martin Luther King Jr. Blvd. Advertised Date: October 6th, 2026 Room #335 Bid Opening Date: October 20th, 2026

Newark, NJ 07102 Time: 11:00 a.m.

BID PROPOSAL COMPLIANCE FORM

Pursuant to the 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: MISCELLANEOUS HVAC SERVICES AT VARIOUS ESSEX COUNTY

FACILITIES

Fee for Bid Specifications: FREE

Pre Bid Conference Date: NONE

Deadline for Bid Submission: October 20th, 2026, 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 Commissioners reserves the right to reject 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 must be submitted to the Purchasing Agent in writing via fax to 973-621-5109, no later than 4:30 PM end of business day, eight (8) business days prior to deadline for bid submission date as stated above.

Respectfully submitted by:

Company Name: ___________________________________________________________________

Signature: ________________________________________ Date: ___________________________

(President, Vice President, or Authorized Rep.)

Print Name _____________________________________ Title: _____________________________

Address__________________________________________________________________________

Phone: ____________________________________ Fax: __________________________________

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 project/bid 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

I. 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, with a copy of said Legal Notice being attached hereto and made a part of these specifications.

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, 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 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

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 57), 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, AND LABOR AND MATERIAL PAYMENT BOND.

Bidder shall simultaneously with the delivery of the executed contract, submit an executed performance, and labor and material payment bond in the amount of one hundred percent (100%) of the amount bid as security for the faithful performance of this contract and for the required labor and materials 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. 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.

III. INTERPRETATION, ADDENDA AND DISCREPANCIES

A. MANDATORY CONSTRUCTION CONTRACT DISPUTE PROCEDURES – N.J.S.A. 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

B. 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.

C. 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.

D. 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 to any person who has submitted a bid or who has received a bid package the required seven business days’ notice pursuant to N.J.S.A. 40A:11-23(c)(2) (Saturdays, Sundays or holidays excepted) prior to the official receipt of bids .

E. 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.

F. -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 goods 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 charging 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: This is a “UNIT PRICES BID”, the bidder is to propose a Unit Prices for each and every one of the

Bid Items listed on the Proposal Sheet on Page 63 The final Bid Amount includes all of the work detailed on the Plans and Specifications of this contract.

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.

E. Bidders are herein informed that Uniformed Police and Traffic Controls are not required for this contract.

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 N/A

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, except construction contracts that involve the construction, reconstruction, demolition, or renovation of a public building.

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 Department and 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 on Page 41 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. STATEMENT OF OWNERSHIP (pages 23-25)

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 bid or accompanying the bid, of said corporation, said partnership, or said limited liability company there is submitted a statement setting forth the names and addresses of all 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. 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 the names and addresses of every noncorporate stockholder, and individual partner, and member, exceeding the 10 percent ownership criteria established in this act, have been listed.

To comply with this section, a bidder 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.

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. NEW JERSEY BUSINESS REGISTRATION REQUIREMENTS (See sample on page 10 and 11)

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

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

Subcontractors named in a bid or other proposal shall provide proof of business registration to the bidder, who in turn, shall provide it to the Contracting Agency 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 valid proof of business registration.

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

3. The contractor and any subcontractor providing goods or performing services under the contract, and each of their affiliates, shall collect and remit to the Director of the Division of Taxation in the Department of the Treasury, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A. 54:32B-1 et seq.) on all sales of tangible personal property delivered 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 Contracting Agency a complete and accurate list of all subcontractors used and their addresses.

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

F. 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.

G. NON-COLLUSION AFFIDAVIT

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

H. 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 42. 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 (See pages 41-42).

I. 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 and Workforce Development 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 A

PHOTOCOPY OF YOUR BRC HERE

VIII. AWARD OF CONTRACT

A. Pursuant to the 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 base 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, price 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. Minor irregularities and/or exceptions in a bid must be formally accepted by the County, additionally Material Irregularities and/or exceptions will result in bid rejection.

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 and Labor and Material 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 that relates to “Mandatory Items” to be submitted at the time specified in the bid; failure to submit any one of the mandatory items shall be deemed a fatal defect that shall render the bid proposal unresponsive and that cannot be cured by the governing body.

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, pursuant to and in accordance with N.J.S.A. 40A:11-16.1 to -16.4, 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

“Sales tax exemptions exist per NJSA 54:32B-8-22 et seq”

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 in 730 Calendar Days after a Notice to Proceed, or within a given duration as specified in the technical section herein.

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 ($3,000.00) 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. Pursuant to N.J.S.A. 40A:11-17, the County will deduct, from the contract price, or any wages paid by the County to any inspector or inspectors necessarily employed by it on the work, for any number of days in excess of the number allowed by the specifications.

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 work 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 et seq.):

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. NOT USED

XVII. CHANGED CONDITIONS CLAUSES FOR CERTAIN LOCAL PUBLIC CONTRACTS

Pursuant N.J.S.A.40A:11-16.7, all construction contracts issued by a contracting unit for bids shall include the changed conditions contract provisions set forth in this section, which provisions shall be deemed to be a part of any such contract even if not expressly incorporated therein, and which provisions may not be modified in any manner by the contracting unit.

a. A contract subject to this section shall include the following differing site conditions provisions:

(1) If the contractor encounters differing site conditions during the progress of the work of the contract, the contractor shall promptly notify the contracting unit in writing of the specific differing site conditions encountered before the site is further disturbed and before any additional work is performed in the impacted area.

(2) Upon receipt of a differing site conditions notice in accordance with paragraph (1) of this subsection, or upon the contracting unit otherwise learning of differing site conditions, the contracting unit shall promptly undertake an investigation to determine whether differing site conditions are present.

(3) If the contracting unit determines different site conditions that may result in additional costs or delays exist, the contracting unit shall provide prompt written notice to the contractor containing directions on how to proceed.

(4)

(a) The contracting unit shall make a fair and equitable adjustment to the contract price and contract completion date for increased costs and delays resulting from the agreed upon differing site conditions encountered by the contractor.

(b) If both parties agree that the contracting unit’s investigation and directions decrease the contractor’s costs or time of performance, the contracting unit shall be entitled to a fair and equitable downward adjustment of the contract price or time of performance.

(c) If the contracting unit determines that there are no differing site conditions present that would result in additional costs or delays, the contracting unit shall so advise the contractor, in writing, and the contractor shall resume performance of the contract, and shall be entitled to pursue a differing site condition claim against the contracting unit for additional compensation or time attributable to the alleged differing site conditions.

(5) Execution of the contract by the contractor shall constitute a representation that the contractor has visited the site and has become generally familiar with the local conditions under which the work is to be performed.

(6) As used in this subsection, “differing site conditions” mean physical conditions at the contract work site that are subsurface or otherwise concealed and which differ materially from those indicated in the contract documents or are of such an unusual nature that the conditions differ materially from those ordinarily encountered and generally recognized as inherent in the work of the character provided for in the contract.

b. A contract subject to this section shall include the following suspension of work provisions:

(1) The contracting unit shall provide written notice to the contractor in advance of any suspension of work lasting more than 10 calendar days of the performance of all or any portion of the work of the contract.

(2) If the performance of all or any portion of the work of the contract is suspended by the contracting unit for more than 10 calendar days due to no fault of the contractor or as a consequence of an occurrence beyond the contracting unit’s control, the contractor shall be entitled to compensation for any resultant delay to the project completion or additional contractor expenses, and to an extension of time, provided that, to the extent feasible, the contractor, within 10 calendar days following the conclusion of the suspension, notifies the contracting unit, in writing, of the nature and extent of the suspension of work. The notice shall include available supporting information, which information may thereafter be supplemented by the contractor as needed and as may be reasonably requested by the contracting unit. Whenever a work suspension exceeds 60 days, upon seven days’ written notice, either party shall have the option to terminate the contract for cause and to be fairly and equitably compensated therefor.

(3) Upon receipt of the contractor’s suspension of work notice in accordance with paragraph (2) of this subsection, the contracting unit shall promptly evaluate the contractor’s notice and promptly advise the contractor of its determination on how to proceed in writing.

(4)

(a) If the contracting unit determines that the contractor is entitled to additional compensation or time, the contracting unit shall make a fair and equitable upward adjustment to the contract price and contract completion date.

(b) If the contracting unit determines that the contractor is not entitled to additional compensation or time, the contractor shall proceed with the performance of the contract work and shall be entitled to pursue a suspension of work claim against the contracting unit for additional compensation or time attributable to the suspension.

(5) Failure of the contractor to provide timely notice of a suspension of work shall result in a waiver of a claim if the contracting unit can prove by clear and convincing evidence that the lack of notice or delayed notice by the contractor actually prejudiced the contracting unit’s ability to adequately investigate and defend against the claim.

c. A contract subject to this section shall include the following change in character of work provisions:

(1) If the contractor believes that a change of directive by the contracting unit results in a material change to the contract work, the contractor shall notify the contracting unit in writing. The contractor shall continue to perform all the work on the project that is not the subject of the notice.

(2) Upon receipt of the contractor’s change in character notice in accordance with paragraph (1) of this subsection, the contracting unit shall promptly evaluate the contractor’s notice and promptly advise the contractor of its determination on how to proceed in writing.

(3)

(a) If the contracting unit determines that a change to the contractor’s work caused or directed by the contracting unit materially changes the character of any aspect of the contract work, the contracting unit shall make a fair and equitable upward adjustment to the contract price and contract completion date. The basis for any such price adjustment shall be the difference between the cost of performance of the work as planned at the time of contracting and the actual cost of such work as a result of its change in character, or as otherwise mutually agreed upon by the contractor and the contracting unit prior to the contractor performing the subject work.

(b) If the contracting unit determines that the contractor is not entitled to additional compensation or time, the contractor shall continue the performance of all contract work and shall be entitled to pursue a claim against the contracting unit for additional compensation or time attributable to the alleged material change.

(4) As used in this subsection, “material change” means a character change which increases or decreases the contractor’s cost of performing the work, increases or decreases the amount of time by which the contractor completes the work in relation to the contractually required completion date, or both.

d. A contract subject to this section shall include the following change in quantity provisions:

(1) The contracting unit may increase or decrease the quantity of work to be performed by the contractor.

(2)

(a) If the quantity of a pay item is cumulatively increased or decreased by 20 percent or less from the bid proposal quantity, the quantity change shall be considered a minor change in quantity.

(b) If the quantity of a pay item is increased or decreased by more than 20 percent from the bid proposal quantity, the quantity change shall be considered a major change in quantity.

(3) For any minor change in quantity, the contracting unit shall make payment for the quantity of the pay item performed at…