mcua 26-7-6_RFB_RTO_MEDIA_AsIssued.pdf

MIDDLESEX COUNTY UTILITIES AUTHORITY

REQUEST FOR BIDS

AND CONTRACT DOCUMENTS

FOR

CONTRACT NO. 26-7-6(AC)

RTO MEDIA REPLACEMENT & PREVENTATIVE MAINTENANCE

John Wiley, Esq. Joseph P. Cryan Chairman Executive Director

CONTRACT NO. 26-7-6(AC)

INVITATION TO BID

NOTICE IS HEREBY GIVEN that electronically sealed Bids for Contract No. 26-7-6(AC) for RTO Media Replacement & Preventative Maintenance will be opened and conducted by the Middlesex County Utilities Authority, County of Middlesex, State of New Jersey (the “Authority”), on BidNet Direct at , https://www.bidnetdirect.com/new-jersey/mcuaww on October 29, 2026 at 10:00 AM.

This Request for Bids (“RFB”) involves all necessary labor, tools, equipment, material, and services to remove existing regenerative thermal oxidizer (RTO) media, furnish and install the required quantity of the specified RTO media and provide annual preventative maintenance for the Authority’s two (2) existing RTOs located at the Authority’s Central Treatment Plant in Sayreville, New Jersey.

Bids must be submitted on the BidNet Direct platform by 10AM October 29, 2026. The bids will be publicly opened and live-streamed via TEAMS. The TEAMS Meeting Bid Opening information/link can be obtained at BidNet Direct at https://www.bidnetdirect.com/new-jersey/mcuaww or by contacting the Wastewater Division at procurementopportunities@mcua.com

Further information concerning this procurement is provided in the RFB for such services. A copy of the RFB, which includes all forms, exhibits and appendices set forth herein, including the proposed Contract and Specifications and Scope of Work, shall be obtained only from the BidNet Direct website at https://www.bidnetdirect.com/new-jersey/mcuaww. Please contact BidNet Customer Support at 1- 800-835-4603 for registration and/or downloading assistance.

The RFB may be viewed at https://www.bidnetdirect.com/new-jersey/mcuaww. No Bid will be accepted after the above referenced date and time. Any Bid received after the due date, whether by mail or otherwise, will be returned unopened.

Each Bidder must submit with its Bid, Bid Security in the form of a Bid Bond executed by the Principal and Surety Company Attorney in Fact and witnessed to and attested with an appropriate Power of Attorney attached, or a cashier’s check, or treasurer’s check or certified check or money order made payable to the order of the Treasurer, Middlesex County Utilities Authority and in the amount of ten percent (10%) of the Bid price, not to exceed $20,000.00. In addition to the Bid Security, each Bid must be accompanied by a Consent of Surety written by a Surety Company listed on the Federal Treasury List (Environmental Protection Department Circular 570-Surety Companies Acceptable on Federal Bonds) as required by N.J.A.C. 7:22-3.17(g) and N.J.A.C. 7:22-4.17(g), and is licensed to do business in New Jersey and acceptable to the Authority, that in the event of an award of the Contract to the Bidder, said Surety will furnish the required contract bond(s) in the sum of the full amount of the Bid as set forth and as required in the RFB. Bid Security and Consent of Surety submission requirements are outlined in Section 5.1.3 of the RFB. Bidders must deliver the original Bid Security and/or Consent(s) of Surety documents in a sealed envelope to the Middlesex County Utilities Authority, 2571 Main Street Extension, Sayreville, New Jersey 08872 ATTN: JUDITH MCCRONE - BIDS prior to the bid opening date and time. Bid Security and Consent of Surety documents received after such time will not be accepted. Please include the Contract No. and Bid Opening Date on the envelope. The Authority shall not be responsible for any delays in the physical delivery of required original documents by courier, postal service, or any other means.

All Bid submissions shall be electronically uploaded in the BidNet portal. Except for the physical delivery of original bid security and/or Consents of Surety pursuant to N.J.A.C. 5:34-5.3(f) and Section

5.1.3 of the RFB, no physical submissions shall be received, opened or honored, regardless of the method of delivery.

The contract bond(s) for this RFB include the following and must be from a Surety Company acceptable to the Authority and satisfying the requirements of the RFB:

- Performance and Payment Bond

The Successful Bidder will be required to present to the Authority the approved contract bonds duly executed and be prepared to execute the Contract within twenty-one (21) days of the date of receipt of the Notice of Contract Award.

All Bidders and named Subcontractors must possess current and effective Public Works Contractor Registration Certificates (“PWCR”) as of the Bid opening date. A Bidder who does not possess a valid PWCR as of the Bid opening date, or who names any Subcontractor in its Bid who does not possess a valid PWCR as of the Bid opening date, will be deemed ineligible for Contract award.

Bidders are requested to submit copies of all applicable PWCR certificates with their Bids. If copies of any of these certificates are omitted from the Bid, they shall be provided to the Authority prior to award, and within five (5) business days of its request. The Authority shall have the right to independently verify Bidders’ and named Subcontractors’ PWCR status from computerized systems maintained by the State and shall be guided accordingly in its award process.

Should the Successful Bidder fail or refuse to execute the Contract and/or submit any other required documents within the time period set forth in this RFB, the Authority shall have the right to consider the Successful Bidder to have abandoned the Contract and the Authority may proceed to award the Contract to the next lowest responsive and responsible Bidder or re-advertise same, whichever shall be determined to be in the Authority’s best interest.

PLEASE NOTE:

It is the Bidder's responsibility to ensure that their submission is successfully uploaded prior to the bid opening date and time. The Authority shall not be responsible for late submissions due to technical issues, internet connectivity, or user error.

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, et seq., as amended and supplemented, Affirmative Action and Equal Employment Opportunities;

N.J.S.A. 52:25-24.2, Ownership Disclosure Form, as amended and supplemented; N.J.S.A. 34:11-

56.25 et seq., the New Jersey Prevailing Wage Act, the New Jersey Buy American provisions, N.J.S.A.52:32-1; and American with Disabilities Act of 1990 provisions of the Contract. Additionally, each Bidder shall submit a Certification on Non-Segregated Facilities. The Bidding and award of the Contract will be in compliance with the New Jersey Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.).

Any questions regarding this RFB should be directed in writing to Judith McCrone at jmccrone@mcua.com, as set forth in the RFB.

The Authority reserves the right to waive any minor informalities or reject any and all Bids in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., as well as any other applicable law.

John F. Wiley, Esq.

Chairman Middlesex County Utilities Authority Sayreville, New Jersey

TOC-1

REQUEST FOR BIDS

CONTRACT NO. 26-7-6(AC)

RTO MEDIA REPLACEMENT & PREVENTATIVE MAINTENANCE

TABLE OF CONTENTS

SECTION 1 - INTRODUCTION AND GENERAL INFORMATION

I. INTRODUCTION ………………………………………………………… 1

II. DEFINITIONS

III. BID SUBMISSION DATE AND SUBMISSION REQUIREMENTS

IV. COST OF BID PREPARATION

V. QUESTIONS, ADDENDA AND AMENDMENTS

VI. WITHDRAWAL OF BID

VII. CERTIFICATION AND OWNERSHIP OF DOCUMENTS

VIII. PRE-BID MEETING

IX. PRE-BID SITE INSPECTION

SECTION 2 - GENERAL BID SUBMISSION REQUIREMENTS

I. BID DOCUMENT SUBMISSION CHECKLIST

II. TRUTH IN CONTRACTING/PENALTIES FOR FALSIFICATION

III. BRAND NAMES

IV. DOMESTIC PREFERENCE FOR PROCUREMENT

V. BID SECURITY, BONDING REQUIREMENTS,

INDEMNIFICATION, INSURANCE AND WARRANTIES

VI. BID PROPOSAL

VII. SUBCONTRACTORS

VIII. FEDERAL/STATE PREVAILING WAGE

IX. EQUIPMENT

X. LICENSING

SECTION 3 - STATUTORY AND OTHER BID SUBMISSION REQUIREMENTS

I. MANDATORY EQUAL OPPORTUNITY LANGUAGE/

ANTI-DISCRIMINATION

II. AMERICANS WITH DISABILITIES ACT OF 1990

III. NEW JERSEY BUSINESS REGISTRATION CERTIFICATE

IV. DEBARRED, SUSPENDED & DISQUALIFIED BIDDER

V. OWNERSHIP DISCLOSURE

VI. DISCLOSURE OF INVESTIGATIONS AND OTHER

ACTIONS INVOLVING THE BIDDER

VII. PROJECT WASTE DISPOSAL

VIII. NON-COLLUSION AFFIDAVIT

IX. ACKNOWLEDGEMENT OF ADDENDA

X AUTHORIZATION OF SIGNATORIES

XI. NEW JERSEY PUBLIC WORKS CONTRACTOR REGISTRATION

XII. CHECKLIST OF SUBMITTED BID DOCUMENTS

XIII. BIDDER QUALIFICATION

XIV. OSHA REQUIREMENTS

TOC-2

XV. FEDERAL NON-DEBARMENT CERTIFICATION

XVI. PROJECT LABOR AGREEMENT

SECTION 4 - CONTRACT SELECTION PROCESS

I. SELECTION PROCESS

II. CAUSES FOR REJECTING BIDS

SECTION 5 - CONTRACT AWARD/CONTRACT SUBMISSION

REQUIREMENTS

SECTION 6 - CONTRACT TERM

SECTION 7 - MISCELLANEOUS

APPENDIX A - CONTRACT

APPENDIX B - FORMS

MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE ......................Exhibit A

DOCUMENTS TO BE SUBMITTED WITH BID SUBMISSION

Bid Document Submission Checklist ................................................................................. Exhibit B-1 Bid Proposal/Schedule of Prices ......................................................................................... Exhibit C-1 List of Subcontractors ......................................................................................................... Exhibit C-2 Certification of Construction Equipment ............................................................................ Exhibit C-3 Acknowledgment of Addenda ............................................................................................ Exhibit C-4 Acknowledgment of The Truth in Contracting Law........................................................... Exhibit C-5 Acknowledgment of Contract Acceptance ......................................................................... Exhibit C-6 Acknowledgement of Project Waste Disposal……………………………………………Exhibit C-7

Debarred, Suspended and Disqualified Bidder Statement .................................................. Exhibit D-1 Ownership Disclosure Form .............................................................................................. Exhibit D-2 Disclosure of Investigations & Other Actions Involving Vendor/Bidder Form ................. Exhibit D-3 Non-Collusion Certification................................................................................................ Exhibit D-5 Certification of Bidder ........................................................................................................ Exhibit D-6 Certification of New Jersey Business Registration ……………………………………… Exhibit D-7 Federal Non-Debarment Certification ................................................................................ Exhibit D-8 Compliance Consent for Third Party Policy ....................................................................... Exhibit D-9

Instructions for Completing Exhibit E Person Authorized to Sign Bid Documents of Corporation Bidder . .................................. Exhibit E-1 Corporate Resolution Authorizing Person to Sign Bid Documents ................................... Exhibit E-2 Person Authorized to Sign Bid Documents of Individual Bidder ....................................... Exhibit E-3 Person Authorized to Sign Bid Documents of Partnership Bidder ..................................... Exhibit E-4 Person Authorized to Sign Bid Documents of Limited Liability Company Bidder ........... Exhibit E-5 Person Authorized to Sign Bid Documents of Joint Venture Bidder ................................. Exhibit E-6

TOC-3

Bid Bond ............................................................................................................................. Exhibit F-1 Consent of Surety as to Performance and Payment Bond .................................................. Exhibit F-2 Bidder's Certification of Equal Employment Opportunity ................................................. Exhibit G-1 Bidder’s Health and Safety Certification ............................................................................ Exhibit G-2 Bidder’s Certification Regarding Employees’ Injury & Illness History ............................ Exhibit G-3 Confined Space Entry Program Certification ..................................................................... Exhibit G-4 Certification Regarding Working Conditions and Restrictions in Curing Bunker ............. Exhibit G-5 Prompt Payment Certification............................................................................................. Exhibit G-6 Project Labor Agreement Letter of Assent ......................................................................... Exhibit G-7

DOCUMENTS TO BE SUBMITTED BY SUCCESSFUL BIDDER WITH EXECUTED

CONTRACT

Contract Document Submission Checklist ......................................................................... Exhibit B-2 Hold Harmless and Indemnification Agreement ................................................................ Exhibit F-4 Hold Harmless and Indemnification Agreement For Use of Authority Equipment ........... Exhibit F-5 Hold Harmless & Indemnification for Contractor’s Food Vendors ................................... Exhibit F-6 Performance and Payment Bond with Surety Disclosure ................................................... Exhibit F-7 Workers' Compensation Certification ................................................................................. Exhibit F-8 Insurance Certificates.......................................................................................................... Exhibit F-9 Affirmative Action Certification ......................................................................................... Exhibit G-8 Americans with Disabilities Act of 1990 ............................................................................ Exhibit G-9 New Jersey Prevailing Wage Rates Compliance Certification ......................................... Exhibit G-10A Prevailing Wage Rates Compliance Certification………………………………………. Exhibit G-10B

Instructions for Completing Exhibits H-1 – H-6 Person Authorized to Sign Contract Documents of Corporation Successful Bidder. ......... Exhibit H-1 Corporate Resolution Authorizing Person To Sign Contract Documents ......................... Exhibit H-2 Person Authorized to Sign Contract Documents of Individual Successful Bidder ............ Exhibit H-3 Person Authorized to Sign Contract Documents of Partnership Successful Bidder ........... Exhibit H-4 Person Authorized to Sign Contract Documents of Limited Liability Company Successful Bidder ............................................................................................................ Exhibit H-5 Person Authorized to Sign Contract Documents of Joint Venture Successful Bidder ....... Exhibit H-6 Contractor Qualification Agreement with Contractor Safety Rules ................................... Exhibit H-7 Confidentiality/Non-Disclosure Agreement Sign Off (Third Party Policy) ....................... Exhibit H-8

DOCUMENTS FOR USE BY CONTRACTOR DURING AND AFTER CONTRACT

COMPLETION

Authority Voucher .............................................................................................................. Exhibit I-1 Progress Estimate ............................................................................................................... Exhibit I-2 Contractor’s Application for Payment ................................................................................ Exhibit I-3 Proposal to Modify Contract ............................................................................................... Exhibit I-4 Report of Unsatisfactory Material/Service ......................................................................... Exhibit I-5 Contractor’s Affidavit Regarding Periodic Payment & Warranty of Title ......................... Exhibit I-6 Partial Waiver of Lien ......................................................................................................... Exhibit I-7 Certificate of Substantial Completion ................................................................................. Exhibit I-8 Certificate of Final Completion .......................................................................................... Exhibit I-9 Contractor's Affidavit Regarding Settlement of Claims ..................................................... Exhibit I-10 General Maintenance Bond with Surety Disclosure ........................................................... Exhibit I-11 Consent of Surety Company of Approval of Final Payment .............................................. Exhibit I-12

TOC-4

Notice of Contract Completion and Certification Authorizing Release of Bonds and Final Payment .................................................................................................................. Exhibit I-13

APPENDIX C - MCUA HOLIDAY CLOSING SCHEDULE

APPENDIX D - RIGHT TO KNOW SURVEY

APPENDIX E - PROJECT LABOR AGREEMENT – Not Applicable

APPENDIX F - SPECIFICATIONS AND SCOPE OF WORK

APPENDIX G - DETAILED SPECIFICATIONS

SECTION 1

INTRODUCTION AND GENERAL INFORMATION

I. INTRODUCTION

The Middlesex County Utilities Authority (the “Authority”) is a public body politic and corporate, constituting a political subdivision of the State of New Jersey. The Authority was established by the Middlesex County Board of Chosen Freeholders as an instrumentality of the County, exercising public and essential governmental functions, to provide for the public health and welfare, having perpetual succession and having express and implied powers by virtue of and under N.J.S.A. 40:14B-1 et seq., more commonly known as the “Municipal and County Utilities Authorities Law.”

The Authority is seeking Bids, through this Request for Bids (“RFB”), for Contract 26-7- 6(AC)/RTO Media Replacement & Preventative Maintenance (the “Project”). Bidders must meet the requirements set forth herein and provide a complete and detailed Bid with respect to the services sought in this RFB. Failure to comply with the requirements of the RFB may result in a rejection of the Bid.

II. DEFINITIONS

Whenever the following words and terms appear in this RFB, which includes the Contract and Specifications and Scope of Work documents, they shall have the meanings set forth below, unless the context clearly dictates otherwise. Bidders are advised that additional words and terms may be defined in the body of the text of the Contract and Specifications and Scope of Work documents:

Applicable Laws and Regulations means any applicable permits, licenses or approvals and any statute, law, constitution, charter, ordinance, resolution, judgment, rule, order, decree, regulation standard or similarly binding authority which shall be enacted, adopted, promulgated, issued or enforced by the State of New Jersey or federal government or County of Middlesex, relating to the work to be performed by the Authority under the RFB.

Architect means the Authority’s Consulting Architect or the Authority’s Architect or other designated representative(s) who is/are authorized to inspect and monitor the progress of the Work and determine compliance with the Contract.

Authority or MCUA means the Middlesex County Utilities Authority or the Authorized Representative of the Authority.

Authority Chief Engineer means the Chief Engineer of the Authority.

Authorized Representative of the Authority means any member, committee, officer, or representative of the Authority duly authorized to execute the Contract on behalf of the Authority.

Authorized Representative of the Bidder means any member, committee, officer, or representative of the Bidder duly authorized to execute the Contract on behalf of the Bidder. If the Bid is made by an individual, then the Authorized Representative shall be the individual; if made by a firm or partnership, the Authorized Representative shall be all of the general partners;

if made by a corporation, the Authorized Representative shall be an official authorized by the corporation as evidenced by Corporate Resolution; if made by a Joint Venture, the Authorized Representative of the Joint Venture shall be the Authorized Representative of each member of the Joint Venture as indicated above for each entity.

Bid means the Bid proposal submitted to the Authority by the Bidder to enter into the Contract for the performance of the Work which satisfies all of the material requirements of the RFB.

Bidder means the person, firm, corporation or entity that submits a Bid to the Authority.

Certificates of Inspection means certificates from authorities having jurisdiction for any construction related permits for the Work.

Contract means the Contract to be executed between the Successful Bidder and the Authority as set forth in Appendix A. The Contract includes as a part thereof, the Specifications and Scope of Work set forth in Appendix F, the RFB and all Addenda, if any issued, to the RFB, the Contract or Specifications and Scope of Work, the Bid of the Successful Bidder, including all documents submitted to the Authority therewith, or relating thereto, all documents submitted to the Authority by the Successful Bidder in connection with or subsequent to the award of the Contract to the Successful Bidder or the execution thereof, all Change Orders or other modifications of the Contract entered into by the Successful Bidder and the Authority, the award of the Contract or the Work or performance thereof, and all directions or instructions issued by or on behalf of the Authority to the Successful Bidder concerning the Contract and/or the performance of the Work.

Contract Price means the amount of the Contract as set forth in Appendix F and as modified by any Change Orders as may be executed by the parties.

Contract Term means the maximum period of time as established in Appendix F hereto during which this Contract may be effective.

Contractor means the Successful Bidder.

Cost of Work means the cost of work set forth in the Contract and Appendix F.

Days means calendar days unless otherwise noted.

Delivery and Delivered mean transportation to the site specified herein and shall include all transportation charges fully prepaid by the Contractor. Delivery shall include uncrating, assembly, and thorough servicing such that the goods, materials and/or equipment is ready for use by the Authority to the extent required by the Contract.

Engineer means the Authority’s Engineer or other designated representative(s) who is/are authorized to inspect and monitor the progress of the Work and determine compliance with the Contract.

F.O.B. Destination, Freight Prepaid means the Contractor pays and bears freight charges, owns goods in transit and files all claims for overcharge, loss and damage.

Final Contract Price means the Contract Price as modified by any and all Change Orders executed by the parties as of the date of the Notice of Final Contract Completion and Certification Authorizing Final Payment.

Legal Holiday means the Holidays set forth in Appendix C.

Material Change means a character change which increases or decreases the Contractor’s Cost of 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.

NJDEP or Department means New Jersey Department of Environmental Protection.

Notice means a written notice.

Notice of Contract Completion and Certification Authorizing Release of Bonds and Final Payment means the Notice that the Contractor has completed the Work, including any and all corrections to the Work to the Authority’s satisfaction, has delivered to the Authority all maintenance and operating instructions, schedules, warranties, guarantees, Bonds, Certificates of Inspection, marked-up record documents and all other documents required by the Contract, and the Authority has accepted the Work by executing Exhibit I-13, hereto.

Notice to Proceed means the notification letter from the Authority to the Contractor stating the date the Contractor can begin the Work subject to the conditions of the Contract. The performance time of the Contract starts from the Commencement Date identified in the Notice to Proceed.

Owner means the Middlesex County Utilities Authority.

Resident Superintendent means the Contractor’s designated on-site representative who shall be authorized by the Contractor to direct the prosecution of the Work.

Segregated Facilities means any waiting rooms, work areas, rest rooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees and which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color or national origin, because of habit, local custom or otherwise.

Shop Drawings means all drawings, diagrams, illustrations, schedules, including supporting data, which are specifically prepared for this Contract and submitted by the Bidder pursuant to the requirements of the Specifications and Scope of Work or the Engineer to illustrate some portion of the Work.

Specifications and Scope of Work means all plans and drawings relating to the Work as set forth in Appendix F.

Subcontractor means a person, firm, corporation or entity supplying labor materials and/or other services regarding the Work to be performed under the Contract under separate contract or agreement with the Contractor.

Successful Bidder means the Bidder whose Bid has been deemed the lowest responsive and responsible Bid.

Total Extended Price means the total extended price as defined in Appendix F.

Total Workforce means a Contractor, vendor or goods and services Subcontractor’s full complement of employees including anyone on the company’s payroll regardless of full-time, part-time and temporary status.

Uncontrollable Circumstance means any event that is beyond the control and without the fault of the Successful Bidder and/or his/her Subcontractors and which causes a delay in meeting any of the dates for performance required by the Contract, which may be occasioned by, among other things:

1. Act of God;

2. Civil Disturbances;

3. Subcontractor or supplier default;

4. Strikes;

5. Failure of a federal or state regulatory agency to issue any necessary permit or approval in a timely fashion, provided that in accordance with all applicable laws and regulations, the Successful Bidder timely submitted an application, has done all it can do to ensure that such application is complete, has provided all necessary supporting information for license and for use by the Authority and is otherwise entitled to such permit or approval;

or the Authority is delayed in receiving such permit(s) or approval(s);

6. A judicial injunction (where such injunction is issued by a court of competent jurisdiction directed against Work actually being performed in furtherance of the Contract and provided that the Contractor, where appropriate, has exercised due diligence and best efforts in resisting such injunction including appeals and further provided that the Contractor has acted in accordance with applicable statutes and regulations);

7. A pandemic or State of Emergency; or

8. Change in Law.

Work means the work required to be performed or provided by the Successful Bidder as described in the Contract, all drawings relating to the Work, and all activities and effort necessary to deliver same to the Authority in accordance with the Contract.

Worker means any laborer, mechanic, skilled or semi-skilled, laborer and apprentices or helpers employed by the Contractor or Subcontractor and engaged in the performance of services directly upon a public work, regardless of whether their work becomes a component part thereof, but does not include material suppliers or their employers who do not perform services at the job site.

III. BID SUBMISSION DATE AND DELIVERY REQUIREMENTS

Bidders are required to submit Bids in the form set forth in the RFB. Failure to comply with the Bidding Requirements may constitute a material deficiency which may be cause for rejection of the Bid.

All bids shall be submitted electronically through the BidNet Direct platform no later than 10:00 AM on October 29, 2026. The bids will be opened publicly and read via live stream. Bidders shall upload all required documents electronically via the BidNet Direct platform except for the physical delivery of delivery of original bid security and/or surety certificates pursuant to N.J.A.C. 5:34-5.3(f). No physical submissions shall be received, opened or honored, regardless of the delivery methods.

Bids shall not include large volumes of preprinted information which requires lengthy legal and technical review to ascertain conformance with the RFB, nor shall Bids merely reiterate the Scope of Work or make simple statements that tasks will be performed where proper response requires a clear indication of the Bidder's understanding of the Work.

The Authority reserves the right to postpone the date for receipt and opening of Bids and will give written notice of any such postponement to each prospective Bidder as required by law.

IV. COST OF BID PREPARATION

Each Bid and all information required to be submitted pursuant to this RFB, shall be prepared at the sole cost and expense of the Bidder. There shall be no claims whatsoever against the Authority, its staff or its professional consultants, including, but not limited to, engineers, attorneys, planners, architects, and surveyors, for reimbursement for the payment of any costs or expenses incurred by the Bidder in the preparation of the Bid or other information related in any way to this RFB.

V. QUESTIONS, ADDENDA AND AMENDMENTS

Bidders are expected to examine the RFB and all related Bid documents with care and observe all their requirements. Ambiguities, errors, or omissions noted by the Bidders together with all questions and requests for clarifications pertaining to this RFB shall be submitted via email to the attention of Judith McCrone, Procurement Specialist, at jmmcrone@mcua.com or in writing to the Authority, by no later than 12:00 PM on October 19, 2026, at the Middlesex Count Utilities Authority, 2571 Main Street Extension, Sayreville, New Jersey, 08872 Attn:

Judith McCrone.

Any Addenda will be issued on the BidNet Direct Platform at https://www.bidnetdirect.com/new-jersey/mcuaww and processed in accordance with N.J.S.A.

40A:11-23(c)(2). It is the sole responsibility of each respondent to monitor the BidNet Direct Platform for addenda. Failure to acknowledge addenda may result in rejection of the submission.

The Bidder understands and agrees that its Bid is submitted on the basis of the RFB prepared by the Authority. The Bidder accepts the obligation to become familiar with the RFB. At the time of the opening of the Bids, each Bidder will be presumed to have read and to be thoroughly familiar with the RFB (including all Addenda thereto, if any) and to be fully informed and satisfied as to the conditions existing, the character and requirements of the Contract and Specifications and Scope of Work and the difficulties attendant to the Work. The failure or omission of any Bidder to examine any portion of the RFB or any form, exhibit, instrument, or documents made a part thereof, shall in no way relieve any Bidder from any obligation under the Contract. Further, each Bidder must inform himself/herself fully of the conditions relating to the production and delivery of the Work and the employment of labor therefor. Failure to do so will not relieve a Successful Bidder of the obligation to furnish all equipment, material, supplies and labor necessary to carry out the provisions of the Contract.

Any Bidder who wishes to challenge any part of the RFB and its exhibits, forms, appendices and attachments, shall file such challenges in writing with the Authority, to the attention of:

Judith McCrone, at jmccrone@mcua.com, no less than three (3) business days prior to the date for the opening of the Bids. Challenges filed after that time shall be considered void and having no impact on the Authority or the award of the Contract pursuant to N.J.S.A. 40A:11-13.

Bidders are also required to carefully review the Contract which is included as Appendix A to this RFB. Any questions regarding the Contract must be submitted during the period for receipt of questions for the RFB. Questions or proposed changes regarding the Contract that are received after the deadline for the receipt of questions will not be considered.

Importantly, the Authority is under no obligation to grant or accept any requested changes to its Contract. By submitting a Bid in response to this RFB, Bidders agree to be bound by the Contract attached in Appendix A and any revisions, if applicable, as provided by the Authority.

In this regard, Bidders shall complete and submit as part of its Bid Submission, the Acknowledgment of Contract Acceptance provided in Exhibit C-6 to this RFB.

No oral interpretation, response or clarification regarding the RFB will be made to any Bidder.

The Authority will not be responsible for any oral interpretation of the RFB.

Responses to questions timely received by the Authority will be sent no later than seven (7) days, Saturdays, Sundays, or holidays excepted, prior to the date for acceptance of Bids.

All responses to the RFB must be prepared with full consideration of the Addenda issued by the Authority prior to the Bid submittal date. Bidders shall be solely responsible for making certain that they have responded accordingly. Bidders shall complete and submit the Acknowledgment of Addenda Form provided in Exhibit C-4, as part of the Bid submission.

VI. WITHDRAWAL OF BID

A. Pre-Opening. A Bid may be withdrawn via BidNet at any time prior to the scheduled time for the opening of bids or any authorized postponement thereof. Except as provided in subsection B below, no Bid may be withdrawn subsequent to the time scheduled for the opening of the Bids or any authorized postponement thereof.

B. Post-Opening. N.J.S.A. 40A:11-23.3 authorizes a Bidder to request withdrawal of a public works Bid due to a mistake on the part of the Bidder within five (5) business days after a bid opening. 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.

In accordance with N.J.A.C. 5:34-5.3(i), 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 the Authority. A Bid may be withdrawn upon receipt by the Authority of a written, notarized request for withdrawal from the Authorized Representative of the Bidder due to a mistake, as defined by the law, within five (5) business days after the receipt and opening of the Bids. Since the Bid withdrawal request shall be effective as of the postmark of the certified or registered mailing, the Authority 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 include evidence, including any pertinent documents, demonstrating that a mistake was made and was of so great a consequence that:

(1) the enforcement of the contract, if actually made, would be unconscionable;

(2) the mistake related to a material feature of the Bid;

(3) the mistake occurred notwithstanding the fact that the Bidder exercised reasonable care in preparation of the Bid; and

(4) the Bidder making the mistake is able to get relief by way of withdrawing the

Bid without serious prejudice to the Authority, except for the loss of the bargain to the Authority.

Such documents and relevant written information shall be reviewed and evaluated by the Authority’s designated staff pursuant to the statutory criteria of N.J.S.A. 40A:11-23.3.

The Authority will not consider any written request for a Bid withdrawal for a mistake, as defined by N.J.S.A. 40A:11-2(42), by a Bidder in the preparation of a Bid proposal unless the postmark of the certified or registered mailing is within the five (5) business days following the opening of Bids.

If a Bidder withdraws a Bid, the Bidder shall be disqualified from future Bidding on the same project, including whenever all Bids are rejected pursuant to N.J.S.A. 40A:11-13.2.

VII. CERTIFICATION AND OWNERSHIP OF DOCUMENTS

All documents resulting from the Work provided by the Bidder pursuant to this RFB, shall be the sole property of the Authority. No documents shall be released to other parties without the prior written consent of the Authority.

VIII. PRE-BID MEETING

Intentionally Left Blank

IX. PRE-BID SITE INSPECTION

SECTION 2

GENERAL BID SUBMISSION REQUIREMENTS

Bidders must submit the documents and information set forth in this Section 2 and in Section 3 herein, as part of the Bid Submission to demonstrate that the Bidder meets the requirements of the RFB.

Failure to comply with the Bid requirements may constitute a material deficiency which may be cause for rejection of the Bid. The Bidder shall not reassemble or rearrange Exhibits or Exhibit pages, but shall submit the required documents with all pages correctly assembled and no double-sided printing, in the order set forth by the Authority in the RFB.

I. BID DOCUMENT SUBMISSION CHECKLIST

Bidders must initial and sign the Bid Document Submission Checklist provided in Exhibit B-1 and include the completed form as part of its Bid submission.

II. TRUTH IN CONTRACTING/PENALTIES FOR FALSIFICATION

The following statutes that represent “Truth in Contracting” laws apply to this RFB and the Contract:

• N.J.S.A. 2C:21-34 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 provides that a Bidder commits a crime if said person, directly or indirectly, confers or agrees to confer any benefit not allowed by law to a public servant.

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

Each Bidder shall certify its knowledge and understanding of the Truth in Contracting laws by completing Exhibit C-5 and including same as part of its Bid submission.

The following statute that represents “Penalties for Falsification” apply to this RFB and the Contract: N.J.S.A. 40A:11-33; 34:

Forfeiture of deposit in certain cases A deposit made by any person who makes or causes to be made a false, deceptive or fraudulent statement or answers in response to a questionnaire or in the course of a hearing hereunder may be cause to be forfeited, as liquidated damages by and to the Authority.

Penalties for false statements Any person who makes or causes to be made, a false, deceptive or fraudulent statement in the statement or answers in response to the questionnaire, or in the course of any hearing hereunder, shall be guilty of a misdemeanor, and upon conviction shall be punishable by a fine of not less than $100.00 nor more than $1,000.00, and shall be permanently disqualified from bidding on all public work or contracts of the Authority which submitted the questionnaire; or, in the case of an individual or an officer or employee charged with the duty of responding to the questionnaire for a person, firm, copartnership, association or corporation, by such fine or by imprisonment, not exceeding 6 months, or both.

III. BRAND NAMES

Whenever a brand name appears herein, it is to be understood that an “Or Equivalent” brand may be proposed in accordance with N.J.S.A. 40A:11-13(d). If a Bidder proposes a substitute for the materials, goods or equipment specified in the Specifications and Scope of Services in Appendix F, it will not be considered until after the award of the Contract and Notice to Proceed.

“Or Equivalent” brands which do not comply with the requirements of N.J.S.A. 40A:11-13(d) shall not be considered.

IV. DOMESTIC PREFERENCE FOR PROCUREMENTS

In accordance with N.J.S.A. 40A:11-18, only manufactured and farm products of the United States, wherever available, shall be used in the Work required by this RFB.

V. BID SECURITY, BONDING REQUIREMENTS, INDEMNIFICATION, INSURANCE

AND WARRANTIES

5.1 Bid Security/Consent of Surety

5.1.1 - Amount and Form

Each Bid shall be accompanied by Bid Security in the amount of ten percent (10%) of the total of all Bid Items for which a Bid is submitted, but not to exceed a total amount of $20,000. The Bid Security shall be a certified, cashier’s or treasurer’s check or money order, or a Bid Bond substantially in the form provided for in this RFB.

5.1.1.1 - Any certified, cashier’s or treasurer’s check or money order shall be made payable to the order of the Authority and shall specify the title of the Contract as set forth in Section 1, Introduction, of this RFB.

5.1.1.2 - The Bid Bond shall be in substantially the same form and content as provided in Exhibit F-1 hereto, issued by a duly authorized Surety Company authorized to conduct business in the State of New Jersey by the New Jersey Department of Banking and Insurance, satisfying the standards set forth in N.J.S.A. 2A:44-143 and 2A:44-144, and listed by the United States Treasury Department in its latest Circular 570 list of qualified Surety Companies, and acceptable to the Authority. No Bond of an otherwise acceptable Surety will be accepted if the required Bonds exceed the limit for which the U.S. Treasury has qualified the Surety for any one Bond.

5.1.1.3 - In addition to Bid Security, and regardless of the chosen form of Bid Security, each Bid shall be accompanied by a Consent of Surety as to the Performance and Payment Bond, duly executed by a Surety satisfying the standards set forth above.

Consent of Surety shall be in substantially the same form and content provided in Exhibit F-2 attached hereto, and shall provide that, in the event the Bidder is awarded the Contract, the Surety shall issue the applicable Bonds required by the RFB.

5.1.2 - Signatories

The Bid Bond and Consent of Surety shall be duly executed by the Bidder as Principal and the Surety Company's Attorney-in-Fact and witnessed and attested to with their certified and effectively dated Power of Attorney attached.

5.1.3 – Submission of Bid Security

Pursuant to N.J.A.C. 5:34-5.3(f), the Bid Security and Consent(s) of Surety required under this

Section 5.1 must be submitted via one of the following methods, at the option of the Bidder:

1. Physical Bid Bonds/Consent(s) of Surety: A Bidder may elect to submit a physical

Bid Bond and/or Consent(s) of Surety (as may be applicable). If utilizing this option, the Bidder must upload a clear, legible image of the original, physical Bid Bond and/or Consent(s) of Surety to the BidNet Direct platform along with their electronic Bid submission. Additionally, the original, physical Bid Bond and/or Consent(s) of Surety must be delivered to the Authority in a sealed envelope prior to the scheduled date and time for receipt of Bids. The sealed envelope shall not be opened by the Authority until the official date and time established for the electronic bid opening.

2. Certified Checks or Cashier’s Checks: A Bidder electing to submit a cashier’s check or certified check as their Bid Security must upload a clear, legible image of the front and back of the check to the BidNet Direct platform along with their electronic Bid submission. Additionally, the original, physical check must be delivered to the Authority in a sealed envelope prior to the scheduled date and time for receipt of Bids. The sealed envelope shall not be opened by the Authority until the official date and time established for the electronic Bid opening.

3. Bidders bear the sole responsibility for ensuring that any required physical documents (i.e., the original cashier’s check, certified check, physical Bid Bond, or physical Consent(s) of Surety) are received by the Authority prior to the official bid opening date and time. Bid Security and Consent of Surety documents received after such time will not be accepted. The Authority shall not be responsible for any delays in the physical delivery of required original documents by courier, postal service, or any other means.

Any physical bid security and/or Consent of Surety document received after the official date and time established for the bid opening must be deemed late in accordance with law, will be returned to the Bidder unopened, and will be cause for rejection of the bid as non-responsive.

5.1.4 - Return of Bid Security

All Bid security, except the security of the apparent lowest responsible, responsive Bidder, shall be returned unless otherwise requested by the Bidder within ten (10) working days after the opening of the Bids, Sundays and Holidays excepted as set forth in N.J.S.A. 40A:11-24. The Bid Security held by the Authority from the Successful Bidder will be returned upon receipt of the following:

(a) Proper Performance and Payment Bond and any other required Bond pursuant to Section

5.2 below;

(b) Documentation of required insurance pursuant to Section 5.3 below; and

(c) Properly executed documents constituting the Contract.

5.1.5 - Forfeiture of Bid Security

Bid Security shall be forfeited in the event the Successful Bidder fails to execute and deliver the Contract or fails to deliver the required Bonds, Insurance and other required documents within the time set forth herein.

5.2 Bonds

Performance and Payment Bond

5.2.1 - Amount and Form

The Successful Bidder (a) shall furnish a Performance and Payment Bond in substantially the same form as Exhibit F-7 hereof, respectively, issued by a Surety Company authorized to conduct business in the State of New Jersey by the New Jersey Department of Banking and Insurance, satisfying the standards set forth in N.J.S.A. 2A:44-143 and 2A:44-144, listed by the New Jersey Department of Banking and Insurance and by the U.S. Treasury Department in its latest Circular 570 list of qualified Surety Companies, and acceptable to the Authority for the full term and amount of the Bid, as accepted by the Authority; and (b) shall pay all premiums due thereon during the term of the Contract. The Performance and Payment Bond shall be in the total amount of all Bid Items awarded to the Successful Bidder and be conditioned upon the faithful performance of the Contract. No Bond of an otherwise acceptable Surety will be accepted if the required Bond exceeds the limit for which the U.S. Treasury Department has qualified the Surety for any one Bond. The Performance and Payment Bond shall be accompanied by the Surety Disclosure Statement and Certification contained in Exhibit F-7 hereof, respectively. In the event the Surety is removed from said U.S. Treasury Department list of qualified surety companies or the list of surety companies authorized to do business in the State of New Jersey by the New Jersey Department of Insurance, the Contractor shall forthwith furnish a replacement Bond which satisfy these requirements.

5.2.2 - Signatories

The Attorney-in-Fact of the Surety must sign the Performance and Payment Bond and the Bond must be accompanied by a certified and effectively dated copy of the Power of Attorney for the Attorney-in-Fact.

5.2.3 - Forfeiture of Performance and Payment Bond

Failure to maintain compliance with the Specifications and Scope of Work set forth in Appendix F, or to complete any of the Work or services set forth herein, or to comply with dates set forth herein, or to furnish any such Bond as may be required shall subject the Contractor to forfeiture of the Performance and Payment Bond and other damages as permitted by law and the Contract.

Maintenance Bond

Environmental Maintenance Bond

5.3 Indemnification and Insurance Requirements

5.3.1 - Indemnification

The Successful Bidder shall indemnify, hold harmless and defend the Authority and the Authority’s officers and employees, from and against (a) any claim, demand, action or cause of action asserted by any of the Successful Bidder’s officers, employees, agents or representatives, or any of Successful Bidder’s Subcontractors, materialmen or suppliers, their officers, employees, agents or representatives or statutory beneficiaries by reason of any personal injury, death or property damage resulting from any occurrence on the Authority’s premises or in the performance of the Work or any portion thereof, and (b) any and all losses, damages, claims, liabilities and causes of action of every kind and nature resulting from or arising out of any action or inaction of the Successful Bidder, its employees, agents, representatives, Subcontractors, or any of their materialmen or suppliers in the performance of the Work or any portion thereof. No insurance required herein to be maintained by the Successful Bidder shall in any way relieve or diminish the Successful Bidder’s responsibilities, obligations, and/or liabilities under the Contract. The Successful Bidder shall agree to such indemnification in Exhibit F-4. In addition, the Successful Bidder shall provide, as applicable, a Hold Harmless and Indemnification Agreement for Use of Authority Equipment as set forth in Exhibit F-5.

5.3.2 - Insurance Requirements

The Successful Bidder shall purchase and maintain during the term of the Contract the following insurance from an insurance company or companies with a rating of A or better from the most recent BEST’s Key Rating Guide:

5.3.2.1 - Commercial General Liability (CGL): covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $5,000,000 per occurrence.