jersey city Final Municipal Courthouse HVAC Replacement Bid Spec.pdf

NOTICE TO BIDDERS

Sealed bid proposals will be received, opened and read in public by the Purchasing Agent at 280 Grove Street, First Floor, Room 116, Jersey City, New Jersey 07302 at 11:00 a.m. on August 18, 2026.

Prevailing time, or as soon thereafter as the matter can be reached, for the:

MUNICIPAL COURTHOUSE HVAC EQUIPMENT REPLACEMENT

Questions by prospective bidders concerning this bid must be done on-line at https://www.bidnetdirect.com/new-jersey/cityofjerseycity.

Contract Documents, Specifications, and Bid Forms may be downloaded by going on-line to https://www.bidnetdirect.com/new-jersey/cityofjerseycity. Bid Plans/Drawings (if any) may be obtained at the Office of the Director of Purchasing, 280 Grove Street, First Floor, Room 116, Jersey City, New Jersey 07302, (201)547-5155 or (201)547-5221.

Prospective bidders must download bid specifications and all addenda from https://www.bidnetdirect.com/new-jersey/cityofjerseycity. Failure to download bid specifications and acknowledge receipt of addenda shall result in bid rejection.

Bidders are required to comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27. Full requirements of the Equal Employment Opportunity and Affirmative Action Programs are incorporated herein by reference and may be obtained with Proposal Form. Bidders are also required to comply with the requirements of P.L. 2004, c.57 (N.J.S.A. 52:32-44) which includes the requirement that contractors provide copies of their Business Registration Certificates issued by the New Jersey Department of the Treasury, as well as other provisions as listed in the Contract Documents.

Proposals MUST BE ACCOMPANIED by a Bid Bond or Certified Check, made payable to the City of Jersey City, in an amount equal to Ten (10%) percent of the Bid not to exceed $20,000.00.

ONLINE BID RECEPTIONS/PURCHASING LOCKBOX

All bids and proposals must be delivered ONLY to the dedicated lockbox in the Division Purchasing, 280 Grove Street, 1st Floor, Room 116, Jersey City, NJ 07302 prior to the bid reception.

All bid receptions are held virtually as video conferences with public access. Link to the online bid receptions appear on the City of Jersey City website at:

https://www.jerseycitynj.gov/cms/one.aspx?portalId=6189744&pageId=16680070

Bids may be sent by U.S. certified mail return receipt requested or may be sent by private courier service to the dedicated lock box located at the City Hall, Division of Purchasing, 280 Grove Street, First Floor, Room 116, Jersey City, New Jersey 07302. ATTENTION: Raquel Tosado, Director of Purchasing, QPA.

Proposals forwarded by facsimile or e-mail will not be accepted. Bids sent by mail or courier service must be received by the Purchasing Agent no later than 4:00 P.M. on the last City business day before the day of the bid reception or no later than 11:00 A.M. on the day of the bid reception. Office hours https://www.bidnetdirect.com/new-jersey/cityofjerseycity https://www.bidnetdirect.com/new-jersey/cityofjerseycity https://www.bidnetdirect.com/new-jersey/cityofjerseycity https://www.jerseycitynj.gov/cms/one.aspx?portalId=6189744&pageId=16680070

Monday through Friday from 9:00 am to 4:00pm. The City shall not be responsible for the loss, non-delivery or physical condition of bids sent by mail or courier service. Bids must be submitted individually in a sealed envelope addressed to the Purchasing Agent. Bid proposals must comply with specifications. Any Bid Proposal received after the date and time specified will be returned, unopened, to the bidder.

The Purchasing Agent reserves the right to reject any and all bids received, or portions thereof, if deemed to be in the best interest of the City to do so.

Raquel Tosado, Purchasing Agent, QPA

Bidnet Go Live Date:

August 5, 2026

Link to Public Bid Notices: http://www.jerseycitynj.gov/cityhall/clerk

Link to City of Jersey City Bid Opportunities:

https://www.bidnetdirect.com/new-jersey/cityofjerseycity/solicitations/open-bids?selectedContent=BUYER http://www.jerseycitynj.gov/cityhall/clerk https://www.bidnetdirect.com/new-jersey/cityofjerseycity/solicitations/open-bids?selectedContent=BUYER https://www.bidnetdirect.com/new-jersey/cityofjerseycity/solicitations/open-bids?selectedContent=BUYER

DEPARTMENT OF PUBLIC WORKS

DIVISION OF BUILDINGS & STREET MAINTENANCE

BID SPECIFICATIONS FOR:

MUNICIPAL COURTHOUSE HVAC

EQUIPMENT REPLACEMENT

(Replacement of Rooftop Units & Mini Splits)

SUBMISSION DEADLINE:

TUESDAY, AUGUST 18, 2026

at 11:00 a.m.

ALL BIDS MUST BE ADDRESSED AND DELIVERED TO THE DEDICATED LOCKBOX

LOCATED AT:

Division of Purchasing

Raquel Tosado, Purchasing Agent, QPA 280 Grove Street, 1st Floor, Room 116

Jersey City, New Jersey 07302

THE CONTRACT SHALL BE SIGNED BY ALL PARTIES WITHIN TWENTY-ONE (21) DAYS (SUNDAYS

AND HOLIDAYS EXCEPTED) FROM THE AWARD OF SAID CONTRACT BY THE MUNICIPAL COUNCIL.

IN THE EVENT THAT THE PARTIES MISS THIS DEADLINE, THE PARTIES MAY AGREE IN WRITING TO

AN EXTENSION OF THE TIME LIMIT SET FORTH ABOVE AT THE REQUEST OF THE CONTRACTING

UNIT.

BIDDERS ARE REQUESTED TO FURNISH THE MANUFACTURER AND BRAND NAME ON THE

PRODUCT OF WHICH THEY BID BY EITHER QUOTING ON BRAND NAME SPECIFIED WITHIN OR

APPROVED EQUAL. FAILURE TO DO SO WILL RENDER BID INFORMAL.

IF BIDDER IS A PARTNERSHIP UNDER SEPARATE COVER, LIST NAMES OF PARTNERS, OWNING TEN

(10) PERCENT OR MORE OF THE PARTNERSHIP. IF A CORPORATION, LIST NAMES OF THOSE

STOCKHOLDERS HOLDING TEN (10) PERCENT OR MORE OF OUTSTANDING STOCK. (SEE

ATTACHED FORM)

THE CITY OF JERSEY CITY RESERVES THE RIGHT IN PROTECTION OF THE BEST INTEREST OF THE CITY TO WAIVE ANY TECHNICAL ERROR, TO REJECT ANY BID OR ALL BIDS OR ANY PART THEREOF

FOR ANY REASON WHATSOEVER.

BUY AMERICAN MATERIALS USED IN FILLING ANY CONTRACT RESULTING FROM THIS BID

PROPOSAL MUST BE OF AMERICAN MANUFACTURE OR AMERICAN GROWN - WHEREVER

AVAILABLE.

DELIVERY SHALL BE F.O.B. JERSEY CITY FREIGHT AND OTHER TRANSPORTATION CHARGES ARE

THE RESPONSIBILITY OF THE SUPPLIER AND/OR CONTRACTOR.

Bidders (Contractors) are required to comply with the provisions of N.J.S.A.10:5-31 et seq. and N.J.A.C. 17:27. No firm may be issued a contract unless it complies with these equal employment opportunity and affirmative action provisions which require a careful reading.

Refer to Exhibit B (Mandatory Equal Employment Opportunity Language for Construction Contracts) and additional Equal Employment Opportunity/Affirmative Action requirements found at the back of the specification. Any questions concerning compliance may be directed to: Jeana F. Abuan, Director/Public Agency Compliance Officer at 342 MLK Drive, Jersey City, New Jersey 07304, tel. # 201-547-4538, or email her at abuanj@jcnj.org.

1. 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 Appendix A 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 owner harmless.

2. City of Jersey City Lobbyist Disclosure Ordinance mailto:abuanj@jcnj.org

The contract will be awarded in accordance with the provisions of the City’s Disclosure of Lobbyist Representative Status Ordinance 3-9.1 et seq. adopted on June 12, 2002. The Contractor will be required to certify that the Contractor either did not retain the services of a lobbyist to lobby on behalf of the Contractor for the award of this contract, or if a lobbyist was retained by the Contractor for such purposes, the Contractor’s lobbyist prior to commencing his/her lobbying activities, shall have filed a notice of lobbyist representative status form with the City Clerk. A Contractor whose lobbyist failed to comply with the provisions of Ordinance 3-9.1 et. seq. following notice and an opportunity to be heard, shall be disqualified from entering into contracts with the City for a period of two (2) years for each violation.

3. Insurance Requirements

The Contractor shall maintain sufficient insurance to protect against all claims under Workmen's Compensation, General Liability, Automobile Liability coverage and shall be subject to approval for adequacy of protection. Insurance requirements are as follows:

• Commercial General Liability in the amount of $1,000,000 per occurrence and $2,000,000 in the aggregate, including Products and Completed Operations and Contractual Liability coverage.

• Workers’ Compensation with NJ statutory limits covering all employees of Proposer and/or subcontractors and Employers’ Liability in the amount of $1,000,000.

• Automobile Liability in the amount of $1,000,000 combined single limit, for bodily injury and property damage, covering all owned, non-owned and/or hired automobiles used in the course of the project and/or contact work. Also, required are endorsements MCS-90 and CA-9948 Pollution Liability – broadened coverage for covered autos.

Before commencing the work, the Contractor shall furnish the City with a Certificate of Insurance (Certificate) verifying evidence of such insurance upon execution of this Contract. Except for Workers’ Compensation, all Certificates shall name the City of Jersey City as an additional insured.

All Certificates shall bear said City Project Name and Number if applicable.

The insurance policies required shall be kept in force for a period specified below.

• General Liability, Automobile Liability and Workmen’s Compensation policies shall be kept in force until submission of the Contractor’s final invoice.

INFORMATION TO BIDDERS

1. CONTRACT DOCUMENTS

The contract consists of the following documents:

• Information to Bidders

• General Conditions

• Technical Specifications

• Addenda (If any, issued prior to the Bid Date)

• Bid Proposal Bid Documents

With the exception of addenda, the above documents are bound herein and comprise the contract booklet.

Throughout the Contract Document, the term City shall mean the City of Jersey City, the term Bidder, shall mean a party submitting a bid in response to the City's Notice to Bidders. The term Contractor shall mean the lowest responsible Bidder awarded a contract by the City.

Notice to Bidders shall mean the published newspaper advertisement soliciting bids.

Bid shall mean the completed Bid Proposal with attached executed bid documents, bound in the Contract Book.

Cash allowance shall mean a sum included in the contract that covers items under Auxiliary Materials in the Technical Specifications and materials not embraced in the Technical Specifications.

2. INTENT OF CONTRACT

Under this contract, the bidder shall furnish all materials, equipment, and tools in strict accordance with the contract. The intent of the Contract is for multiple HVAC equipment replacement throughout Municipal courthouse in a manner satisfactory to the City. It shall be understood that the bidder has satisfied himself as to the full requirements of the Contract and has based his/her Bid Proposal upon such understanding.

3. FAMILIARITY WITH WORK

It is the obligation of the Bidder to fully read and examine the Contract Documents to consider fully all other matters that in any way can affect the work under the Contract, and he/she agrees to this obligation in the signing of the Contract. The city assumes no responsibility whatsoever with respect to ascertaining for the Bidder such facts concerning physical characteristics at the delivery site(s), etc. The Bidder agrees that he/she will make no claim for additional payment or any other concession because of any misinterpretation or misunderstanding of the Contract, on his/her part, or of any failure to fully acquaint himself/herself with all conditions relating to the Contract.

4. INTERPRETATIONS OR ADDENDA

Should a Bidder find discrepancies or omissions from the Contract Documents or should he/she be in doubt as to their meeting, he/she should at once notify the Purchasing Agent in writing via Bidnet Direct. No oral interpretation will be made to any Bidder as to the meaning of the Contract documents or any part thereof. Every request for such interpretation shall be in writing and to be given consideration, must be received at least seven (7) calendar days prior to the date fixed for the opening of bids, to allow the Director, Division of Purchasing to issue an addendum prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions or addition of items will be in the form of written addenda to the Specifications which, if issued, will be mailed by registered mail with return receipt requested to all prospective Bidders (at the respective addresses furnished for such purpose). All addendum so issued shall become part of the Contract documents and shall be read immediately prior to the opening of the bids by the Director, Division of Purchasing who shall give each Bidder or representative present an opportunity to withdraw the bid before any bids are opened. Any objection arising out of the addendum subsequent to the opening of bids will not be considered. Failure of any Bidder to receive any such addendum or interpretation or to attend the reading of the bids shall not relieve such Bidder from any obligation under the bid as submitted, including such addendum. The City will not be responsible for any other explanations or interpretations of the Contract documents.

5. SUBMITTING BID

Each Bid must be submitted on the prescribed Bid Proposal form, which shall not be removed from the Contract Book. All entries must be in ink or typewritten.

Bidders shall submit their Bid in sealed envelopes. On the outside of the envelope shall be stated the name and address of the bidder and the name of the work as shown in the Notice to Bidders.

When the Bid is made by an individual, his/her Post Office Address shall be stated, and he/she shall sign the Bid. When made by a firm or partnership its name and Post Office Address shall be stated, and the Bid shall be signed by one or more of the partners. When made by a corporation, its name and principal Post Office Address shall be stated and the Bid shall be signed by an authorized official of the Corporation, with Corporate Seal affixed. Signatures shall be notarized in all cases.

Bids shall be delivered in person to the City Purchasing Agent at the time and place stated in the Notice to Bidders, and they will be publicly opened and read aloud on the date place and the time set and stated in the Notice to Bidders.

• All bids must be delivered to the dedicated lockbox located at the Division of Purchasing, Attention: Raquel Tosado, Purchasing Agent, QPA, 280 Grove Street, 1st Fl, Room 116, Jersey City, NJ 07302.

• Bids may be submitted in person, sent by certified mail (return receipt requested), or sent by private courier service.

• Bids sent by mail must be received by the Director of Purchasing no later than 4:00 P.M. on the last City business day before the day of the bid reception.

• Bids sent by courier service must be delivered to the Director of Purchasing no later than 11:00 A.M. at the above address on the day of the bid reception.

• The City shall not be responsible for the loss, non-delivery, or physical condition of bids sent by mail or courier service.

• BIDDERS SHALL SUBMIT THEIR BID IN SEALED ENVELOPES. ON THE

OUTSIDE OF THE ENVELOPE SHALL BE STATED THE NAME AND ADDRESS

OF THE BIDDER AND THE NAME OF THE WORK AS SHOWN IN THE NOTICE

TO BIDDERS.

• All bids must be submitted individually in a sealed envelope addressed to the Director of Purchasing. Bid proposals must comply with all specifications.

6. BID DOCUMENTS

The Bid Documents to be included in the sealed envelope with the Bid shall include but not be limited to the following:

Written acknowledgment of Addendum (if issued), pursuant to N.J S.A. 40A:11- 23.2(e)*

Bid Bond/Guarantee*

Statement of Ownership Disclosure*

Certification of Experience of Contractor *

Equipment Questionnaire for Contractor *

Public Works Contractor Registration Certificate

Non-Collusion Affidavit

Disclosure of Investment Activities in Iran

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

Supplier Diversity Bidder Questionnaire

Mandatory Equal Employment Opportunity Language and Affirmative Action Notice

New Jersey Business Registration Certificate of Contractor

Failure to include the bid documents listed immediately above that are marked with an asterisk (*) shall result in automatic rejection of the bid at the time of the bid reception.

The Contractor/Bidder and all subcontractors named in the Bid Proposal must be registered with the Department of Labor pursuant to the Public Works Contractor Registration Act, N.J.S.A. 34:11-56.48 et seq. at the time the Bid Proposal is received, or the proposal will be determined to be non-responsive and will be rejected. Any non-listed subcontractor must be registered with the Department of Labor prior to physically starting work. A contractor desiring to register should contract the Contractor Registration Unit, Division of Wage and Hour Compliance, New Jersey Department of Labor, P.O. Box 389, Trenton, New Jersey 08625-0389, telephone no: (609) 292-9464, fax No:(609) 633-8591, email:

contreg@dol.state.nj.us, website: www.nj.gov/labor/lsse/lspubcon.html.

7. BID GUARANTEE

Each Bid shall be accompanied by a Certified Check, Cashier's Check or Bid Bond in the amount of not less than 10% of the total amount bid in the Bid Proposal, but the Certified Check, Cashier's Check or Bid Bond or any combination thereof shall not exceed $20,000.00. No cash will be accepted. This Certified Check, Cashier's Check or Bid Bond is offered as evidence of good faith and as a guarantee that, if awarded the contract, the Bidder shall execute the Contract.

The bid bond is offered as a guarantee, made by a surety company qualified and authorized to do business in the State of New Jersey and must be signed by an officer or agent of the surety company authorized to execute bid bonds on behalf of the surety company. Included with the bid bond must be such documents which indicate that the officer or agent is authorized to execute the bid bond. If a certified check is offered as a guarantee, it shall be made payable to the City of Jersey City.

8. WITHDRAWAL OF BID

A Bid, after having been submitted, may be withdrawn by the Bidder on a given Contract prior to the opening of any Bid for that Contract.

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

http://www.nj.gov/labor/lsse/lspubcon.html

A Bidder claiming a mistake under N.J.S.A. 40A:11-23.3 must submit a request for withdrawal, in writing by certified or registered mail to: Raquel Tosado, Director of Purchasing, QPA, Division of Purchasing, 280 Grove Street, 1st Floor, Room 116, Jersey City, New Jersey 07302. The Bidder must request withdrawal of a Bid due to a mistake, as defined by law, within five business days after the receipt and opening of the Bids. Since the Bid withdrawal request shall be effective as of the postmark of the certified or registered mailing. Raquel Tosado, Director of Purchasing, QPA, Division of Purchasing may contact all Bidders, after Bids are opened, to ascertain if any Bidders wish to, or already have exercised a request to withdraw their Bid pursuant to N.J.S.A. 40A:11-23.3.

A Bidder's request to withdraw the Bid shall contain evidence, including any pertinent documents, demonstrating that a mistake was made. Such documents and relevant written information shall be reviewed and evaluated by the public owner's designated staff pursuant to the statutory criteria of N.J.S.A. 40A:11-23.3.

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

9. CAUSES FOR REJECTION

Bids from Bidders who are found to be unqualified and Bids not accompanied by all required and properly completed Bid Proposals and Bid documents shall be rejected.

In addition, causes for rejection of Bids may include but not be limited to the following:

A. If prices are obviously unbalanced, B. If received from Bidders who previously performed work in an unsatisfactory manner, C. If the Purchasing Agent, at his/her sole discretion, deems it advisable to do so in the best interest of the City of Jersey City.

D. If conditions, limitations or provisions are attached by a Bidder to his/her Bid, if Proposals are otherwise irregular or if the enclosed or accompanying documents are not completed and property executed.

E. If the Bidder does not own sufficient or satisfactory equipment to perform the work.

10. RETURN OF BID GUARANTEES

The Bid Guarantees of all except the apparent three (3) lowest responsible Bidders for the Contract will be returned within ten (10) working days after the opening of bids. The returned Bids of such Bidders will be considered as officially withdrawn.

Within three (3) working days after awarding the contract, the Bid Guarantees of the remaining unsuccessful Bidders will be returned.

Upon execution of the contract by the successful Bidder, and the receipt of the certificate of insurance, the Bid Guarantee of the lowest bidder will be returned. No interest will be paid on any form of Bid Guarantee.

11. AWARD OF CONTRACT

The Contract, if awarded, will be awarded to the lowest responsible, qualified bidder whose Bid complies with the requirements as stated herein. Bids may be rejected where the prices as bid are obviously unreasonable. Award of the contract will be made by the Municipal Council of the City of Jersey City.

A. BID FOR UNIT PRICES CONTRACT

The Bidder shall state on the Proposal Form the price per unit of measure for each scheduled item of work for which he will agree to carry out the work, and the total price for the performance of the Project, as determined by multiplying each estimated quantity by the price per unit of measure bid and adding together the resulting amounts. Unit prices shall be given in writing and in figures and in the case of variance the prices in writing shall prevail.

B. BID FOR LUMP SUM CONTRACT

Lump Sum Bid, Base Bid prices and Alternates shall be in figures and words. In case of discrepancy, the amount described in words shall govern. If any of the alternates listed in the Proposal Form does not involve change in price, the Bidder shall so indicate by writing the words "no change' on the space provided. If the Base Bid is within the amount of funds available to finance the replacement contract and the City wishes to accept alternate Bids, then contract award will be made to that responsible Bidder submitting the low combined Bid, consisting of the Base Bid plus alternate Bids. Under this procedure, if the City wishes to make award on only the Base Bid, then contract award will be made to that responsible Bidder submitting the low Base Bid.

The Purchasing Agent may consider informal any Bids not prepared and made in accordance with the provisions stated herein and may waive or reject any or all Bids. Bids containing any conditions, omissions, unexplained erasure or alterations, or items not called for in the Bid Proposal, or irregularities of any kind may be rejected by the City.

The Municipal Council will either award the Contract or reject all Bids received within sixty (60) days after the formal opening of Bids. The award of contract will be a notice in writing signed by the Purchasing Agent.

12. TIME FOR EXECUTING CONTRACT & LIQUIDATED DAMAGES FOR FAILURE

TO ENTER INTO CONTRACT

Any Bidder whose Bid is accepted will be required to execute four (4) copies of the Contract and furnish satisfactory insurance certificate to the City of Jersey City within ten (10) days after notice of acceptance. The successful Bidder, upon his failure or refusal to execute and deliver the signed contract and certificate of insurance within the required time shall forfeit the certified check, cashier's check or bid bond to the City as liquidated damages for such failure or refusal.

The damages to the City of Jersey City for breach as above provided include the loss from interference with its construction program and other items whose accurate amount will be difficult or impossible to compute.

The amount of the Bid Guarantee accompanying the bid of such Bidder shall be retained by the City of Jersey City, not as a penalty, but as liquidated damages for such breach.

In the event any Bidder whose Bid has been accepted shall fail, refuse or resist to execute the contract as herein before provided, the Municipal Council at its option, may determine that such Bidder has abandoned the Contract and thereupon his/her Bid and the acceptance thereof shall be null and void, and the City shall be entitled to liquidated damages as above provided.

The rights and obligations provided for in the Contract shall become effective and binding upon the parties only with its formal execution by the City of Jersey City. Any materials delivered prior to said execution of contract shall be at the Bidder's risk.

13. CERTIFICATE OF INSURANCE

The Bidder shall also supply to the City, at the time the Contract is signed by the Bidder, a Certificate of Insurance in such amounts as described elsewhere in these Contract Documents, which will be maintained by the Bidder during the life of the contract. The City of Jersey City shall be named as an additional insured on Certificate.

14. ESTIMATED QUANTITIES AND UNIT PRICES

The Unit Price bid in each of the items included in the Bid Proposal shall cover all costs of whatever nature, incidental to that item. In explanation but not in limitation thereof, these costs shall include the cost of all work, labor, material, equipment, transportation and all else necessary to execute the Contract, and all incidental expenses in connection therewith, including all costs on account of loss by damage or destruction encountered for settlement of damages, and including all cost for replacement of defective materials.

The Estimate of quantities specified is approximate only and is given solely to be used as a uniform basis for comparison of Bids. The minimum quantity for any item shall be zero (0). The maximum quantity shall be as stated in the Bid Proposal for each item.

Should the final quantity be less than the maximum quantity stated in the Bid Proposal for any item, the Contractor shall have no claim for loss incurred by him/her for commitments made by him/her in anticipation of the work contemplated, or for loss of anticipated profits, or for work done prior to his/her having been authorized to proceed therewith.

15. LUMP SUM PRICE

The Lump Sum Price in the Proposal shall cover all costs of whatever nature, incident to and growing out of the work. In explanation but not in limitation thereof, these costs shall include the cost of all work, labor, material, equipment, transportation, and all else necessary to perform and complete the replacement work in the manner and within the time required, and all incidental expenses for unforeseen difficulties encountered for settlement of damages, and for replacement of defective work and materials.

16. CHANGES IN EXTRA WORK

The city, through its representative, may at any time desire changes in either the quantity or the quality of replacement work to be performed or furnished. These changes may be such as to either increase quantities specified or may call for extra materials not contemplated in the original "Schedule of Prices" in the Bid Proposal.

When the extra services are of a kind not embraced in the Bid Proposal, the Contractor shall be furnished a written order signed by the representative and approved by the Municipal Council. Said order shall state the extra service to be supplied and the amount to be paid, therefore the price stated in this written order representing the same to be added to from the contract amount shall be determined as follows:

1. By such applicable unit prices, if any, as are set forth in the contract; or

2. If no such unit prices are set forth, then by a unit price mutually agreed upon by the City and the Contractor; or

3. If no such unit prices are so set forth, and if the parties cannot agree upon a unit price, then no condition of this contract shall prevent the City from seeking Bid proposals from other contractors.

The provisions herein shall not affect the power of the Contractor to act in the case of emergency. Under no circumstances shall the Contractor perform work in excess of the quantities delineated in the Bid Proposal without a written Change Order issued by the City's representative after receiving the approval of the Municipal Council. The City shall not be liable for any claims for work performed outside the Contract amounts unless so authorized by a written Change Order.

It is understood and agreed to by the Contractor that any delays necessary to institute a Change Order; resolved by the City Council will not be a basis for claims for additional compensation.

17. SUBSTITUTIONS

Each Bidder represents that his/her Bid is based upon the materials and equipment described in the contract documents.

Where materials are specified by a trade name or manufacturer's model or catalog number, the named product shall be construed to read: "or equivalent". If a Bidder substitutes any material other than those named in the contract documents, such material shall be equivalent in all respects to the named products specified. The burden of submitting adequate information to prove the equivalency of substituted materials shall be the responsibility of the Bidder. All information necessary to prove equivalency of substituted materials should be included with the Bid submitted at the Bid reception. Proposed substitutions shall satisfy all design conditions including performance and physical properties which will be reviewed prior to approving the substitute; physical dimensions, pattern, colors, weight effect on other trades, availability, cost, performance and test data guarantee and other properties. Where a Bidder substitutes materials, he/she shall submit two samples of materials specified and two samples of material considered by the Bidder to be an equivalent, along with technical information on each. Where a Bidder’s information on a product is insufficient to determine "equivalency", laboratory tests will be required. A private laboratory will be selected by the city to conduct the test, the cost of which will be paid by the Bidder regardless of the test result.

The Bidder shall substantiate in writing by economic analysis, that items offered as equivalents will cause no addition in maintenance, fuel or utility cost over the items shown or specified and have an equal life expectancy.

If after review of all submitted material, the substitution is deemed not an equivalent, the Bid will be rejected.

All materials, equipment and assemblies shall be accompanied by manufacturer's instructions pertaining to installation, use and maintenance as applicable, so as to be suitable for the intended purpose or service in the proposed methods of construction. All materials shall be used in strict accordance with manufacturer's instruction, which will include instructions for appropriate reconditioning of existing or previously applied materials in a manner that will provide conditions to ensure satisfactory completed work.

18. RESPONSIBILITY FOR MATERIALS

The Contractor assumes full responsibility for materials and equipment supplied and agrees to make no claim against the City of Jersey City for damages to such materials and equipment from any cause whatsoever, until its final acceptance.

The provisions of the foregoing paragraph shall not be a waiver of the Contractor's guarantee to replace defective work and materials during the warranty/guarantee period after date of acceptance.

The Contractor shall make good all material damaged or destroyed before the final acceptance, the cost thereof shall be included in the prices bid for the various items scheduled in the Bid Proposal.

19. LAWS, ORDINANCES AND REGULATIONS

The Contractor must secure all insurances, licenses and pay any inspection in accordance with provisions as set forth in laws, ordinances, and regulations by all governmental agencies affecting the work at his/her own expense. The Contractor shall be solely responsible for any damage resulting from his/her neglect to obey all laws, regulations, rules, and ordinances. Ignorance regarding such requirements shall in no way serve to modify the provisions of the contract.

The Contractor shall keep fully informed of all Federal and State laws, all local laws, ordinances, safety codes, regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed in his/her service, or which in any way affect his/her service.

He/She shall at all times observe and comply with all such laws, ordinances, safety code, regulations, order, or decree, whether by himself/herself or his/her employees.

20. PROVISIONS REQUIRED BY LAW DEEMED INSERTED

Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein and if, through mistake or otherwise any such provision is not inserted or is not correctly inserted, then upon the application of either party, the contract shall forthwith be physically amended to make such insertion.

21. INSURANCE REQUIREMENTS

The Contractor shall maintain sufficient insurance to protect against all claims under Workmen's Compensation, General Liability, Automobile Liability and Professional Liability and shall be subject to approval for adequacy of protection.

Certificates of such insurance, naming the City as and additional insured, when possible, shall be provided. Insurance requirements are as follows:

a) Commercial General Liability in the amount of $1,000,000 per occurrence and $2,000,000 in aggregate; including Products & Completed Operations coverage.

General Liability coverage must be written on a primary & non-contributory basis with a waiver of subrogation for the benefit of the city.

b) Workers Compensation with NJ statutory limits and Employer’s Liability in the amount of $1,000,000.

c) Automobile Liability in the amount of $1,000,000 combined single limit.

d) Professional Liability in the amount of $2,000,000 per occurrence and in aggregate.

Before commencing the work, the Contractor shall furnish the City certificates of such insurance upon execution of this Contract. Except for workers’ compensation and professional liability, all certificates shall name the City of Jersey City as an additional insured. All certificates shall bear said City Project Name and Number if applicable.

The insurance policies described shall be kept in force for a period specified below.

a) General Liability, Automobile Liability Coverage and Workmen’s Compensation Insurance shall be kept in force until submission of the Contactor’s final invoice.

b) Professional Liability Insurance shall be kept in force until at least one (1) year after completion of this Contract / Project

22. INDEMNITY

The Contractor agrees to save the City of Jersey City, its officers, agents, servants, and employees as their interest may appear, harmless from all loss or damage occasioned to it or to any third person or property by reason of any carelessness or negligence on the part of the City, the Contractor, agents, and employees in the performance of the Contract and will, after reasonable notice thereof, defend and pay the expense of defending any suit which may be commenced against the City of Jersey City, its officers, agents, servants and employees as their interest may appear, by any third person alleging injury by reason of such carelessness or negligence, and will pay any judgment which may be obtained against the City of Jersey City, its officers, agents, servants, and employees as their interest may appear, in such suit.

The cost of such indemnification shall be included in the prices bid for the various scheduled items in the Proposal. So much money due to the Contractor under and by virtue of the Contract as shall be considered necessary by the City, may be retained by the City and held until such suits, actions, claims or amounts shall have been settled and suitable evidence to that effect furnished to the City.

23. PREVAILING RATE OF WAGES ON PUBLIC CONTRACTS

The attention of all bidders is specifically called to the fact that wages rates determined by the Commissioner of Labor and Industry, in accordance with the provision of Chapter 150 of the Laws of 1963, commonly known as the Prevailing Wage Act, shall be required to be paid for all services performed under this contract.

Nothing in this act however shall prohibit the payment of more than the prevailing wage rate to any workman employed on a public works project.

The Contractor shall keep an accurate record showing the name, trade and actual hourly rate of wages paid to each workman employed by him in connection with a public works contract and such records shall be preserved for two (2) years from date of payment. The record shall be open at all reasonable hours to the inspection of the public body awarding the contract and to the commissioner.

The State of New Jersey Department of Labor and Industry prevailing wage rates are made a part of this Contract for performance of the work described.

24. VISITING THE PREMISES

Every Bidder must visit each location and carefully examine existing equipment conditions before submitting his Bid. No allowance for extra charges will be permitted because of lack of knowledge of all conditions peculiar there to except such conditions as are indeterminable before the commencement of the work.

25. TERM:

The term of this contract shall be one (1) year. The City shall notify the Contractor whether or not it will be utilizing the contract 45 days before the expiration date of the contract.

26. METHOD OF PAYMENT

1. In consideration of the faithful performance by the Contractor of its agreement hereunder, during the term of this Contract the City covenants and agrees to pay the Contractor in accordance with the Contractor’s fees quoted Bid Proposal.

2. Pursuant to the terms herein, the Contractor agrees to provide the DPW a complete written invoice, work order and certified payroll within 48 hours after the completion of each replacement project that’s provided to the DPW.

3. Invoices for payments shall be submitted to the Director or his/her designee.

The invoice shall include at a minimum: date of the service; address and name of the location; total charges for the service including a list of the number of workers, PO number, name of technicians, number of hours, materials/parts, markup, cost per hour and cost for total hours and a bill of lading listing the start time and completion time with any deduction for time off. In addition, with each original invoice the Contractor will attach three copies of the invoice.

4. In addition to the Contractor’s invoice, the Contractor shall sign a Purchase Order supplied by the DPW.

5. Invoices for payments shall be submitted on the Contractor's standard invoice previously approved by the City's designee. In addition to the Contractor's invoice, the Contractor shall execute a Partial Payment Voucher supplied by the City, for each application for payment.

6. The acceptance by the Contractor of any partial payment shall be and shall operate as a release to the City of all claims and all liability to the Contractor for all things done or furnished in connection with this payment and for every act and negligence of the City and others relating to or arising out of this work. No payment, however, final or otherwise, shall operate to release the Contractor from any obligation under this contract.

7. The Contractor will be entitled to payments per project for services supplied.

Invoices are to be issued after completion of each replacement project for approval by the Director of Public Works. All payments will then be submitted for approval by the Municipal Council at the next meeting. Failure of the DPW to satisfy this schedule shall not entitle the contractor to late payment charges, penalties or any other type of escalation of the invoiced amount.

27. AVAILABILITY OF FUNDS:

The award of any Contract pursuant to these specifications shall in all cases be subject to the availability of funds duly appropriated for these purposes. Any Contract as awarded shall immediately cease to be in effect at such time as funds cease to be available for these purposes.

28. TERMINATION FOR CONVENIENCE:

During the term of the Contract, the City shall have the right to terminate the Contract for convenience, in whole or in part, by giving thirty (30) days written notice prior to the effective date of termination. If the Contract is terminated by the City as provided herein, the Contractor shall be paid for all obligations incurred and services rendered to the date of termination.

29. TERMINATION FOR CAUSE:

In the event the performance by the Contractor of the services provided under this agreement is unsatisfactory to the City, the City agrees to notify the Contractor in writing, and the Contractor agrees to within five (5) calendar days rectify the unsatisfactory condition or performance. Should the unsatisfactory performance or condition not be rectified within five (5) calendar days of notice being given, the Business Administrator shall at his sole option be entitled to terminate this agreement immediately. The Contractor shall not be entitled to any compensation for service subsequent to receiving notice of termination from the Business Administrator.

30. DISPUTES:

The City and Contractor agree that in the event of a dispute arising under the Agreement, whether involving law or fact or both or extra work or claims for additional compensation or claims for alleged breach of Contract the parties agree to follow the procedures set forth below:

1. All such disputes shall be reported to the Business Administrator or its authorized designee, within Forty- Eight (48) hours of its commencement of such dispute. Contractor shall submit a detailed claim with such specificity to provide the Business Administrator with an intelligent basis for resolving the dispute.

2. Any claim not presented within the time limit specified in this paragraph shall be deemed to have been waived except that if the claim is not continuing character and notice of the claim is not given within Forty-Eight (48) hours of its commencement, the claim will be considered only for the period commencing Forty-Eight (48) hours prior to the receipt by the Business Administrator of notice thereof.

3. Each decision by the Business Administrator will be in writing and will be mailed to the Contractor by registered or certified mail, return receipt requested, directed at his last known address.

4. If the Contractor does not agree with any decision of the Business Administrator, he shall in no case allow the dispute to delay the work but shall notify the Business Administrator promptly that he is proceeding with the work under protest; however, the Contractor may exclude any disputed claim from the final release.

5. In the event of disputes involving non-monetary issues, the Business Administrator decision shall be final. The Business Administrator may conduct such fact finding as he deems necessary in order to resolve the dispute.

31. BID PROPOSAL DISPOSITION:

Upon submission of a Bid Proposal in response to this Bid Solicitation, the Bidder acknowledges and consents to the following conditions relative to the submission and review and consideration of its Proposal:

All Bid Proposals shall become the property of the City and will not be returned.

All Bid Proposals will become public information at the appropriate time, as determined by the City (in the exercise of its sole discretion) in accordance with law.

With respect to public records laws and Proprietary Information, although this Bid Solicitation indicates that all proposals will become public information, it is understood that the Open Public Records Act (OPRA) contains exceptions for "Trade secrets and proprietary commercial or financial information obtained from any source" and "Information which, if disclosed, would give an advantage to competitors or respondents". Therefore, Bidders shall submit two (2) clearly marked versions of their Proposals. One version is to be a complete unredacted version to be used by the City for evaluation. The second version should contain redactions of legitimate "trade secrets and proprietary commercial or financial information" and/or "information which...would give an advantage to competitors or Bidders". This second version will be used for City disclosures in response to OPRA requests for information relating to this solicitation. Failure to provide two clearly marked Proposals will mean that the Bidder agrees that the single version provided does not contain trade secrets or proprietary information and may be released pursuant to OPRA requests. Bidders are advised that, while in some contexts certain formulas or pricing components may qualify as proprietary commercial or financial information, under no circumstances will either the total cost of the Bid Proposal to the City or the existence of the contract itself be treated as confidential or otherwise exempt from public disclosure.

To the extent that a Bid Proposal may be responsive to records or information sought pursuant to a public records request, the Bidder shall cooperate with the City to ensure the City can provide a timely and fully lawful response to the records request. If the City does not agree with the Bidder’s assertion that some or all redactions it made are of legitimate trade secrets or proprietary commercial or financial information, the City will notify the Bidder and the parties shall cooperate in good faith. The foregoing notwithstanding, the Bidder shall indemnify and hold the City harmless against all claims, legal actions and/or administrative actions taken against the City claiming denials or seeking OPRA or public records access resulting from or related to: (i) any redactions (lawful or otherwise) made by the Bidder in the second version of its Bid Proposal, or (ii) Bidder’s refusal or delay in consenting to or cooperating in the release of any non-exempt material in its Bid Proposal. The Bidder’s indemnification obligations shall include holding the City harmless from any judgments, fees, costs, or expenses arising therefrom incurred by the City, including but not limited to court costs, penalties, reasonable attorney’s fees expended by the City to defend the action, and any attorney’s fees that may be awarded against the City to any prevailing plaintiff or complainant.

GENERAL CONDITIONS OF THE CONTRACT

GC-1. PUBLIC SAFETY AND CONVENIENCE

The Contractor shall conduct his work with the least possible obstruction to traffic.

The convenience of the public and of the residents adjacent to a work facility, along with the protection of persons and property, are of first importance and shall be provided for by the Contractor in an adequate and satisfactory manner. Fire hydrants shall be kept accessible.

The Contractor shall conduct his/her operations in such a manner as to provide maximum safety for all employees and the public as well. He/She shall comply promptly with such safety regulations as may be prescribed by the City, to properly correct any unsafe conditions created by or unsafe practices on part of his/her employees. In the event of the Contractor's failure to comply, the City may take the necessary measures to correct the conditions or practices and all costs thereof will be deducted from any monies due the Contractor. Failure of the City to direct the correction of unsafe conditions or practices shall not relieve the Contractor of his responsibility herein.

GC-2. ACCIDENT PREVENTION

Precaution shall be exercised at all times for the protection of persons and property. The safety provisions of applicable laws, and the rules and regulations of U.S. Occupational Safety & Health Administration (OSHA), shall be observed.

Nothing in the foregoing paragraphs shall be construed as relieving the Contractor from full responsibility for safe prosecution of the contract at all times.

GC-3. PROPERTY DAMAGE

The Contractor shall protect all property, monuments, trees, existing structures, utilities and work of any kind against damage or interruption of service which may be caused by execution of this contract. Damage, injury, loss, or interruption of service resulting from the failure to do so shall be repaired or restored promptly by the Contractor at his/her own expense.

The Contractor shall not enter on or make use of private property in the prosecution of the contract unless written permission there for is secured in duplicate, from the owner, one copy of which shall be filed with the City. He/She shall promptly restore or repair, without cost to the City and in a manner satisfactory to its owner, property damaged or destroyed by his operations. Special attention shall be given to the protection of existing landscape features and vegetation.

GC-4. OTHER CONTRACTORS

The right is reserved by the city to do work with its own employees or with the use of contractors and to permit public utility companies and others to do work during the progress of the service contract.