morris county park Exempt Services.pdf

REQUEST FOR BID

CONTRACT #97-26

SPRAY FOAM APPLIED INSULATION

AT THE

GREAT SWAMP OUTDOOR EDUCATION CENTER

By

Morris County Park Commission 300 Mendham Road

Morristown, New Jersey 07960

Mark Gara Manager of Building and Construction

September 18, 2026

CONTRACT # 97-26

TABLE OF CONTENTS

I. INSTRUCTIONS FOR BIDS

A. Notice to Bidders………………………………………………………………3

B. Notice to all Prospective Bidders…………...………………………………….4

C. Submittal Requirements ……………………………………………………….5

D. Instructions to Bidders….……………………………………………………....6 to 16

E. General Requirements…..…………………………………………………….17 to 18

F. Scope of Work………………………………………………………

II. BID FORMS REQUIRED FOR SUBMITTAL

G. Bid Form…………………………………….…………………………..........20 to 26

H. Documents………...…………………………….………………………….…27 to 51

• Bid Document Checklist Form………………………………………

• Statement of Ownership Disclosure………………………………..........28 to 29

• Non-Collusion Affidavit…………………………………………

• Equal Employment Opportunities……………………………………

• Affirmative Action Assurance Form…………………………………….32

• Exhibit A Mandatory Equal Employment Opportunity Language.……...33-34

• Americans with Disabilities Act of 1990………………………………...35

• New Jersey Anti-Discrimination Provisions……………………………..36

• Prevailing Wage Compliance Declaration

• Pay to Play Advisory

• Business Registration Requirements……………………………………..39-40

• Disclosure of Investment Activities in Iran, Russia or Belarus ………....41-44

• Acknowledgement of Receipt of Addenda…………………………

III. ATTACHMENTS

New Jersey Department of Labor and Workforce Development Prevailing Wage Rate Determinations Print date 9/10/2026

A. NOTICE TO BIDDERS

The Morris County Park Commission is soliciting bids through a Fair and Open process in accordance with N.J.S.A. 19:44A-20.4 et seq.

Sealed bids will be received by the Purchasing Department for the Morris County Park Commission on Wednesday October 14, 2026 at 9:00 a.m. prevailing time at the Morris County Park Commission Administration Building, 300 Mendham Road, Morristown, New Jersey 07960 at which time and place bids will be opened and read in public for:

Said Request for Bid may be downloaded FREE from on the MCPC website at www.morrisparks.net under the “Public Bids” link on or after Friday, September 18, 2026. The MCPC shall not be responsible for full or partial sets of Proposal Documents, including addenda, obtained from any other source.

Bids must be made on the bid forms within this document, be enclosed in a sealed package bearing the name and address of the bidder and “REQUEST FOR BID CONTRACT #97-26 SPRAY FOAM

APPLIED INSULATION AT THE GREAT SWAMP OUTDOOR EDUCATION FACILITY”

on the outside, and addressed to Mark Demareski, Q.P.A., C.C.P.O., C.P.W.M., Qualified Purchasing Agent, at the address above.

Prospective Bidders are strongly encouraged to mail responses via USPS, UPS and FedEx, etc.

Potential vendors wishing to hand deliver their qualifications may only do so in person at the time of the bid opening. No Bids shall be accepted after the designated time, and the Park Commission will not assume responsibility for bids forwarded by mail or delivery service, nor any other conveyance.

Bidders shall comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27et seq.

Mark Demareski, Q.P.A., C.C.P.O., C.P.W.M.

Qualified Purchasing Agent

B. NOTICE TO ALL PROSPECTIVE BIDDERS

This contract is considered a construction-related public works projects and is covered under the New

Jersey Prevailing Wage Act and Regulations. As such, all contractors and subcontractors who bid on this project must possess a valid Public Works Contractor Registration Certificate.

Be advised that no Contractor's payments will be made until certified payroll records have been received showing wages and benefits paid in accordance with current Prevailing Wage Rates

Determination.

Effective May 1, 2019 a SUPPLEMENT to the Public Works Contractor Registration (PWCR) application must be completed for all new and renewal applications. The Supplement pertains specifically to participation in a registered apprenticeship program and possession of all licenses, registrations or certificates required by State law. Any renewal application submitted without the

SUPPLEMENT will cause a delay in processing and the application may be denied.

For current requirements regarding registration pursuant to the Public Works Contractor Registration

Act, visit the website of the New Jersey Department of Labor and Workforce Development.

https://www.nj.gov/labor/wageandhour/registration-permits/register/publicworksregistration.shtml

Contractors performing work on public works contracts are now required to report certified payroll records via the New Jersey Wage Hub (NJ Wage Hub). The New Jersey Department of Labor and

Workforce Development (NJDOL) is sending notices to public bodies and registered public works contractors to remind them of this requirement, and to urge them to create accounts on the NJ Wage

Hub, an online portal that makes it easier for employers to comply with state labor laws, advances worker protections on public job sites, and improves transparency around fair wages. NJ Wage Hub includes the NJ Certified Payroll Database, where construction contractors who perform public work can submit certified payroll records that are made available to the public in accordance with P.L. 2023,

c. 138. The Prevailing Wage Act requires public works contractors to submit weekly payroll records.

The mandate requires certified payrolls be submitted both online via NJ Wage Hub and in hard copy to the contracting governing body. Any business whose name appears on the WALL is prohibited from public contracting under NJSA 34:1A-1.16, which list is maintained and updated monthly by DOL.

Any questions pertaining to the Public Works Contractor Registration (PWCR) process can be emailed to pwcr@dol.nj.gov.

SPRAY FOAM APPLIED INSULATION

C. SUBMITTAL REQUIREMENTS

The Morris County Park Commission (MCPC) requests bids ONLY from Licensed Contractors with Spray Foam Insulation Certification to apply Closed Cell Spray Foam Insulation to all existing basement floor joist cavities, attic rafter cavities and gable end attic walls at the Great Swamp Education Center located at 247 Southern Blvd. in Chatham New Jersey. Herein, The Morris County Park Commission shall be referred to as “MCPC” and the Closed Cell Spray Foam Insulation Contractor as “Contractor” or ‘Bidder” respectively

The Great Swamp Education Center is a single-story Type VB wood frame constructed building with a typical concrete block foundation. The basement area contains both stand up and crawl space areas.

The attic assembly is a combination of standard wood frame construction and roof trusses, a low pitch roof limits overhead workspace

At the direction of the Owner, the contractor shall abide by any and all architectural documents, historical requirements, specification sheets and construction documents provided by MCPC and its design professionals. The Owner reserves the right to add future or delete facilities during the contract period. NO MINIMUM PURCHASE IS IMPLIED OR GUARANTEED

SUBMISSION REQUIREMENTS: As specified herein, all responses shall be mailed to:

Mark Demareski, Q.P.A, C.C.P.O., C.P.W.M.

Qualified Purchasing Agent Morris County Park Commission 300 Mendham Road P.O. Box 1295

Morristown, NJ 07962

FORMS ALL BID FORMS HEREIN SHALL BE

COMPLETED AND SUBMITTED WITH

RESPONSES

ACTIVITIES: DATE:

Release of RFB: Friday September 18, 2026

Non-Mandatory Pre-Bd Meeting Wednesday September 30, 2026 @ 10:00 a.m.

Great Swamp Education Center located at 247 Southern Blvd. in Chatham

Requests for Information: Thursday October 1, 2026 @ 4:00 p.m.

Emailed to mdemareski@morrisparks.net Response Back to Bidders: Friday October 2, 2026 @ 4:00 p.m.

Bid Opening Date: Wednesday October 14, 2026 @ 9:00 a.m.

Number of original bids to be submitted: One (1) original (marked as “Original”), one (1) copy (marked “COPY”) AND One (1) copy on flash drive or CD.pdf format of the RFB Response.

CONTRACT TERM

The term of the contract shall be fifteen (15) calendar days commencing from Notice to Proceed.

SPRAY FOAM APPLIED INSULATION

D. INSTRUCTIONS TO BIDDERS

1. SUBMISSION OF BIDS

A. Sealed bids shall be received in accordance with public advertisement as required by law, a copy of said notice being attached hereto and made a part of these specifications.

B. Each bid shall be submitted on the proposal form attached, in a sealed envelope

(1) addressed to the Purchasing Agent

(2) bearing the name and address of the bidder on the outside

(3) clearly marked "SEALED BID” with the bid number and title noted.

C. It is the bidder's responsibility to see that bids are presented to the Purchasing Agent on the hour and at the place designated. Bids may be mailed; however, the Morris County Park Commission (Park Commission) disclaims any responsibility for bids forwarded by regular or express mail. If the bid is sent by express mail, the designation in B. above must also appear on the outside of the express company envelope. Bids received after the designated time and date will be returned unopened.

D. The Park Commission reserves the right to postpone the date for presentation and opening of bids and will give written notice of any such postponement to each prospective bidder as required by law.

E. Multiple Bids Not Accepted

More than one bid from an individual, a firm or partnership, a corporation or association under the same or different names shall not be considered.

F. All prices and amounts must be written in ink or preferably machine-printed. Bids containing any conditions, omissions, unexplained erasures or alterations, items not called for in the bid proposal form, attachments of additive information not required by the specifications, or irregularities of any kind, may be cause for rejection by the owner in accordance with applicable law. Any changes, whiteouts, strikeouts, etc. in the bid must be initialed in ink by the person signing the bid.

G. The Park Commission is to be considered an agency of the County of Morris entitled to participate in the contract(s) resulting from this bid.

2. BID SECURITY

The following provisions, if indicated by an (x), shall be applicable to this bid and be made a part of the bidding documents:

A. BID GUARANTEE

Bidder shall submit with the bid a certified check, cashier’s check or bid bond in the amount of ten percent (10%) of the total price bid, but not in excess of $20,000, payable unconditionally to the Morris County Park Commission.

When submitting a Bid Bond, it shall contain Power of Attorney for full amount of Bid Bond from a surety company authorized to do business in the State of New Jersey and acceptable to the Morris County Park Commission.

The check or bond of the unsuccessful bidder(s) shall be returned pursuant to N.J.S.A. 40A: 11-24a.

The check or bond of the bidder to whom the contract is awarded shall be retained until a contract is executed and the required performance bond or other security is submitted.

The check or bond of the successful bidder shall be forfeited if the bidder fails to enter into a contract pursuant to statute. The Bid Bond shall include a valid Power of Attorney authorizing the Attorney-in-Fact to execute the documents. Failure to submit required guarantee shall be cause for rejection of the bid.

INSTRUCTIONS TO BIDDERS (Continued)

B. CONSENT OF SURETY

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

C. PERFORMANCE BOND

Successful bidder shall simultaneously with the delivery of the executed contract, submit an executed bond in the amount of one hundred percent (100%) of the acceptable bid as security for the faithful performance of this contract.

The performance bond provided shall not be released until final acceptance of the whole work and then only if any liens or claims have been satisfied. The surety on such bond or bonds shall be duly authorized surety company authorized to do business in the State of New Jersey pursuant to N.J.S.A. 17:31-5. For multi-year contracts, the Performance Bond may be resubmitted each year on the Contract Anniversary Date for the amount remaining on the contract.

Failure to submit this with the executed contract shall be cause for declaring the contract null and void pursuant to N.J.S.A. 40A; 11-22.

3. QUOTATIONS, BIDS AND FORMS

A. The Morris County Park Commission is exempt from any local, state or federal sales, use or excise tax. The Park Commission will not pay service charges such as interest and late fees. The Park Commission or any of its offices and divisions will not complete credit applications as a result of contract(s) resulting from award based on these specifications.

B. Bids must be signed in ink by the bidder; all quotations shall be made with a typewriter/computer or pen and ink. Any quotation showing any erasure alteration must be initialed by the bidder in ink.

Unit prices and totals are to be inserted in spaces provided.

C. Failure to sign and give all information in the bid may result in the bid being rejected.

D. Estimated Quantities: (Open-Ended Contracts, Purchase as Needed) The Park Commission has attempted to identify the item(s) and the estimated amounts of each item bid to cover its requirements; however, past experience shows that the amount ordered may be different than that submitted for bidding. The right is reserved to decrease or increase the quantities specified in the specifications pursuant to Statute. NO MINIMUM PURCHASE IS IMPLIED OR GUARANTEED.

E. Insert prices for furnishing all of the material described. Prices shall be met including all transportation charges fully prepaid by the contract F.O.B. destination and placement as designed by the Park Commission. No additional charges will be allowed for any transportation costs resulting from partial shipments made at vendors’ convenience when a single shipment is ordered.

F. Any bidder may withdraw his bid at any time before the time set for receipt of bids. No bid may be withdrawn in the 60-day period after the bids are received.

G. All forms shall be completed and attached to the bid proposal. BIDDER IS ALERTED TO THE

BID DOCUMENT CHECK LIST PAGE.

4. INTERPRETATIONS AND ADDENDA

A. The bidder understands and agrees that its bid is submitted on the basis of the specifications prepared by the Park Commission. The bidder accepts the obligation to become familiar with these specifications.

B. Bidders are expected to examine the specifications and related documents with care and observe all their requirements. Ambiguities, errors or omissions noted by bidders should be promptly reported in writing to the Purchasing Agent. In the event the bidder fails to notify the County of such ambiguities, errors or omissions, the bidder shall be bound by the bid.

C. No oral interpretation of the meaning of the specifications will be made to any bidder. Every request for an interpretation shall be in writing, addressed to the Purchasing Agent via email at mdemareski@morrisparks.net or via fax to (973) 656-2505. In order to be given consideration, written requests for interpretation must be received as least ten (10) days prior to the date fixed for the opening of the bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications, and will be distributed to all prospective bidders of written addenda to the specifications, and will be distributed to all prospective bidders, pursuant to N.J.S.A. 40A: 11-13. All addenda so issued shall become part of the contract documents, and shall be acknowledged by the bidder in the bid. The Park Commission’s interpretations or corrections thereof shall be final.

D. If the amount shown in words and its equivalent figures do not agree, the written words shall be binding. Ditto marks are not considered writing or printing and shall not be used. In the event that there is a discrepancy between the unit prices and the extended totals, the unit prices shall prevail. In the event there is an error of the summation of the extended totals, the computation by the Park Commission of the extended totals shall govern.

5. BRAND NAMES, STANDARDS OF QUALITY, PATENTS

A. Only manufactured and farm products of the United States, wherever available, shall be used on this contract in accordance with prevailing statutes.

B. Brand names and or descriptions used in this bid are to acquaint bidders with the type of commodity desired and will be used as a standard by which alternate or competitive materials offered will be judged. Competitive items must be equal to the standard described and be of the same quality of work. Variations between materials described and the materials offered are to be fully explained by the bidder on a separate sheet and submitted with the proposal form. Vendor's literature will not suffice in explaining exceptions to these specifications. In the absence of any changes by the bidder, it will be presumed and required that materials as described in the proposal be delivered.

C. It is the responsibility of the bidder to demonstrate the equivalency of item(s) offered. The Morris

County Park Commission reserves the right to evaluate the equivalency of a product which, in its deliberations, meets its requirements.

E. The contractor shall hold and save harmless the Park Commission, its officers, agents, servants, and employees, from any liability of any nature and kind for or on account of the use of any copyrighted or un-copyrighted composition, secret process, patented or unpatented invention or article furnished or used in the performance of this contract.

F. Wherever practical and economical to the Park Commission, it is desired that recycled or recyclable products be provided. Please indicate when recycled products are being offered.

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

6. AWARD OF BID

A. The Morris County Park Commission shall award a contract or reject bids within sixty (60) days, except that the bids of any Bidders who consent thereto may, at the request of the County, be held for consideration for such longer period as may be agreed

B. The Park Commission reserves the right to accept or reject any or all bids, to waive identified irregularities and technicalities, and to award in whole or in part to the lowest responsible bidder, if it is in the best interest of the Park Commission to do so. Without limiting the generality of the foregoing, any bid which is incomplete, obscure, or irregular may be rejected, any bid having erasures or corrections in the price sheet may be rejected; any bid in which unit prices are omitted, or in which unit/total prices are unbalanced, may be rejected; any bid accompanied by any insufficient or irregular certified check, cashier's check or bid bond may be rejected.

C. The Park Commission further reserves the right to award each item separately to the lowest responsible bidder meeting specifications or to make an award based on the total bid to the bidder whose total sum is the low bid meeting the specifications, whichever in the awarding authorities' opinion is in the best interest of the Park Commission. Without limiting the generality of the foregoing, the Park Commission reserves the right to award a contract based on either option that may be described in the bid proposal or based on any combination thereof.

D. The Park Commission reserves the right to award equal or tie bids at their discretion to any one of the tie bidders.

E. Should the bidder, to whom the contract is awarded, fail to enter into a contract, the Park

Commission may then, at its option, accept the bid of the next lowest responsible bidder.

F. The term of the contract shall be fifteen (15) calendar days commencing from Notice to

Proceed. Continuation of the terms of this contract is contingent on availability of funds in the following year's budget. In the event of unavailability of such funds, the Park Commission reserves the right to cancel this contract.

H. Government entities are not private business/consumer clients; therefore, separate company agreements are not honored. Terms of the specifications/bid package prevail unless otherwise noted by the vendor as exceptions.

I. The form of contract which shall be signed by the successful respondent shall be that as furnished by County Counsel, a copy of which is on file with the Morris County Purchasing Division and may be inspected upon request

7. NEW JERSEY PREVAILING WAGE ACT (When Applicable)

Pursuant to N.J.S.A. 34:11-56.25 et seq., contractors on projects for public work shall adhere to all requirements of the New Jersey Prevailing Wage Act. The contractor shall be required to submit a certified payroll record to the owner within ten (10) days of the payment of the wages. The contractor is also responsible for obtaining and submitting all subcontractors’ certified payroll records within the aforementioned time period. The contractor shall submit said certified payrolls in the form set forth in N.J.A.C. 12:60-6.1(c). It is the contractor’s responsibility to obtain any additional copies of the certified payroll form to be submitted by contacting the New Jersey Department of Labor and Workforce Development, Division of Workplace Standards. Additional information is available at www.state.nj.us/labor/lsse/lspubcon.html.

8. THE PUBLIC WORKS CONTRACTOR REGISTRATION ACT

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

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

The law defines “public works projects” as contracts for “public work” as defined in the Prevailing Wage statute (N.J.S.A. 34:11-56.25(5) ). The term means:

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

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

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

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

N.J.S.A. 34:11-56.55 specifically prohibits accepting applications for registration as a substitute for a certificate or registration.

9. NON-COLLUSION AFFIDAVIT

The Non-Collusion Affidavit, which is part of these specifications, shall be properly executed and submitted intact with the proposal.

10. NEW JERSEY ANTI--DISCRIMINATION

The contract for this bid shall require that the contractor agrees nor to discriminate in employment and agrees to abide by all anti-discrimination laws including but not limited to N.J.S.A. 10:2-1 as included in this document.

11. MANDATORY EEO/AFFIRMATIVE ACTION EVIDENCE

No firm may be issued a contract unless it complies with the affirmative action provision of N.J.S.A.

10:5- 31 et seq. and N.J.S.A. 17:27-1 et seq. as administered by the Division of Purchase & Property Contract Compliance and audit unit (Division) and provided below. The contract will include the language included as Attachment A in this specification.

A. Goods, Professional Services and General Service Contracts

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

1. A Letter of Federal Approval indicating that the vendor is under an existing federally approved or sanctioned affirmative action program. A copy of the approved letter must be provided by the vendor to the Public Agency and the Division. This approval letter is valid for one year from the date of issuance.

2. A Certificate of Employee Information Report (hereafter “Certificate”), issued in accordance with N.J.A.C. 17:27 et seq. The vendor must provide a copy of the Certificate to the Public agency as evidence of its compliance with the regulations. The Certificate represents the review and approval of the vendor’s Employee Information Report, Form AA-302 by the Division.

3. The successful bidder shall complete an Initial Employee Report, Form AA-302 and submit it to the Division with a check or money order for $150.00 made payable to “Treasurer, state of NJ” and forward a copy of the Form to the Public Agency. Upon submission and review by the Division, the Report shall constitute evidence of compliance with the regulation.

B. Construction Contracts

All successful contractors must submit to the Park Commission and the Division no later than three

(3) days after signing a construction contract, an Initial Project Workforce Report (Form AA-201) consisting of forms downloaded electronically at the following website address:

http://www.state.nj.us/treasury/contract_compliance/forms.shtml and completed by the Contractor in accordance with N.J.A.C. 17:27-7. The contractor also agrees to submit a copy of the Monthly Project Workforce Report (Form AA-202) once a month thereafter for the duration of this contract to the Division and to the public agency compliance officer.

12. WORKER AND COMMUNITY RIGHT TO KNOW ACT

The manufacturer or supplier of chemical substances or mixtures shall label them in accordance with the N.J. Worker and Community Right to Know Law (N.J.S.A. 34: 51 et seq., and N.J.A.C 5:89-5 et seq.).

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

(N.J.A.C. 8:59-5) or adhere to the requirements of The Globally Harmonized System of Classification and Labeling of Chemicals (GHS) and the U.S. Occupational Safety and Health Administration (OSHA) Hazard Communication Standard (HCS) as outlined in the Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations as adopted in final rule by DEPARTMENT OF LABOR, Occupational Safety and Health Administration, 29 CFR Parts 1910, 1915, and 1926, [Docket No.

OSHA–H022K–2006–0062, (formerly Docket No. H022K)], RIN 1218–AC20, Hazard Communication. Further, all applicable documentation must be furnished.

13. STATEMENT OF CORPORATE OWNERSHIP

In accordance with N.J.S.A. 52:25-24.2, no corporation, partnership, limited partnership, limited liability corporation, limited liability partnership, Subchapter S corporation or sole proprietorship, shall be awarded a contract, unless prior to the receipt of the bid or accompanying the bid of the corporation, partnership, limited partnership, limited liability corporation, limited liability partnership, subchapter S corporation or sole proprietorship, there is submitted to the Morris County Park Commission a statement setting forth the names and addresses of all stockholders who own 10% or more of the stock, of any class or of all individual partners who own a 10% or greater interest in the corporation, partnership, limited partnership, limited liability corporation, limited liability partnership, Subchapter S corporation or sole proprietorship. If one or more such stockholder or partner is itself a corporation or partnership, the stockholders holding 10% or more of that corporation’s stock, or the individual partners owning 10% or greater interest in that partnership, as the case may be, shall also be listed. The disclosure shall be continued until names and addresses of every noncorporate stockholder and individual partner, exceeding the 10% ownership criteria established in this act has been listed. This form shall be signed and submitted with the bid/proposal whether or not a stockholder or partner owns less than 10% of the business submitting the bid. Failure to comply requires mandatory rejection of the bid/proposal.

14. ACQUISITION, MERGE, SALE AND/OR TRANSFER OF BUSINESS, ETC.

It is understood by all parties that if, during the life of the contract, the contractor disposes of his/her business concern by acquisition, merger, sale and/or transfer or by any means convey his/her interest(s) to another party, all obligations are transferred to that new party. In this event, the new owner(s) will be required to submit, when required, a performance bond in the amount of the open balance of the contract.

15. PROTECTION OF PERSONS AND PROPERTY

The Contractor shall protect all materials and equipment for which he is responsible, which is stored at the project site for incorporation in the work, or which has been incorporated into the work. He shall replace all materials and equipment which may be lost, stolen or damaged at his expense, whether or not such materials or equipment have entirely or partially been paid for by the Morris County Park Commission.

16. INSURANCE REQUIREMENTS

The Contractor, prior to commencing work, shall provide at his own cost and expense, the following insurance to the Morris County Park Commission with insurance companies licensed to provide insurance in the State of New Jersey. The Contractor will ensure that policies are underwritten by companies with a current A.M. Best rating of A- with a Financial Size Category of VII or better.

Insurance shall be evidenced by Certificates and/or Policies as determined and approved by the County of Morris, Division of Risk Management. Each Certificate or Policy shall require that thirty (30) days prior to cancellation or material change in the policies, notice thereof shall be given to the Purchasing Agent, Morris County Park Commission, by registered mail, return receipt requested and for all of the following stated insurance policies. All such notices shall name the Contractor and identify the contract number.

The Contractor shall submit an updated Certificate of Insurance to demonstrate continued renewal of insurance. During any period when the required insurance is not in effect, the Morris County Park Commission may suspend the work. The Park Commission may refuse to make payments due under this contract or any other contracts with the Park Commission until the required insurance coverage is in effect. The Park Commission may use monies withheld to renew the insurance for the periods and amounts referred to above.

A. Worker’s Compensation and Employer’s Liability Insurance This insurance shall be maintained in full force during the life of this contract by the bidder covering all employees engaged in performance of this contract pursuant to N.J.S.A. 34:15-12(a) and N.J.A.C.

12:235-1.6. Minimum Employer’s Liability $500,000.00.

B. General Liability Insurance

The Contractor shall provide Comprehensive General Liability insurance with a combined single limit of $1,000,000/$2,000,000 aggregate for bodily injury and property damage. A “claims made” policy is not acceptable.

The Contractor shall provide Comprehensive General Liability insurance with a combined single limit of $1,000,000/$3,000,000 aggregate for bodily injury and property damage. A “claims made” policy is not acceptable.

C. Professional Liability The Contractor shall provide a copy of a certificate verifying coverage of professional liability insurance applicable to services to be rendered under this agreement with limits of $1,000,000/$3,000,000.

D. Owners Contractor Protective Liability The Contractor shall provide Owners Contractor Protective Liability Insurance with a limit of $1,000,000 for bodily injury, property damage. This insurance shall include bodily injury and property damage with the following coverage, for owned automobiles, hired automobiles and non-owned automobiles.

E. Automobile Liability Insurance Automobile liability insurance, with a combined single limit of liability per occurrence of $1,000,000 for bodily injury, property damage. This insurance shall include bodily injury and property damage with the following coverage, for owned automobiles, hired automobiles and non-owned automobiles.

E. “ADDITIONAL INSURED”

All Certificates of Insurance shall state that the Morris County Park Commission and the County of Morris are carried as “an additional insured” for the purposes of the contract, and shall include Form CG 20100704 & CG20370704 attached, or their equivalent, as determined solely by the Morris County Risk Manager.

Self-insured contractors shall submit an affidavit attesting to their self-insured coverage and shall name the OWNER as an additional insured.

17. INDEMNIFICATION:

The Contractor shall defend, indemnify and hold harmless the Morris County Park Commission, the County of Morris, the Board of Chosen Commissioners, their Employees, Agents, Representatives and Servants (collectively the “County”) from and against any and all losses, penalties, claims, damages, settlements, judgments, verdicts, costs, charges, professional fees (including attorneys’ fees and other expenses or liabilities including, but not limited to, the investigation and defense of any claims, arising out of or resulting from the performance of the Contractor’s work or the completed operations provided that any such claim, damage, loss, or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury or to destruction of tangible property including the loss of the use resulting therefrom, and (b) is caused in whole or in part by any negligent act or omission of the Contractor, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable (including a claim by an employee of the Contractor) regardless of whether it is caused in part by a party indemnified hereunder, and (c) is caused in whole or in part by the Contractor’s breach of any term evidencing an agreement between the Contractor and the Morris County Park Commission or anyone directly or indirectly employed by the Contractor for whose acts the Contractor may be liable.

In any and all claims against the Morris County Park Commission, the County of Morris, the Board of Chosen Commissioners, their Employees, Agents and Servants, by any employees of the Contractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under workers compensation acts, disability benefit acts or other employee benefit acts.

18. PAYMENT

Payment will be made after a properly executed Morris County Park Commission voucher has been received and formally approved on the voucher list by the Commissioners of the Morris County Park Commission at its subsequent regular meeting. The voucher will be certified correct by the department/division head who received the goods or services.

Pursuant to N.J.S.A. 34:11-56.25 et seq., contractors on projects for public work shall adhere to all requirements of the New Jersey Prevailing Wage Act. The contractor shall be required to submit a certified payroll record to the owner within ten (10) days of the payment of the wages.

19. TERMINATION

If, through any cause, the successful Bidder shall fail to fulfill in a timely and proper manner any of the obligations under this contract or if the Contractor shall violate any of the requirements of this contract, the Park Commission shall thereupon have the right to terminate this contract by giving sixty (60) days written notice to the Contractor of such termination and specifying the effective date of termination.

Such termination shall relieve the Park Commission of any obligation for balances to the Contractor of any sum or sums set forth in the contract.

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

In case of default by the respondent, the County reserves the right to purchase services on the open market and hold the respondent responsible for any losses resulting from the respondent’s default.

The Contractor agrees to indemnify and hold the Park Commission harmless from any liability to subcontractors/suppliers concerning payment for work performed or goods supplied arising out of the lawful termination of the contract by the Park Commission under this provision.

Each fiscal year payment obligation of the Park Commission is conditioned upon the availability of funds appropriated or allocated for the payment of such an obligation. If funds are not allocated and available for the continuance of any services performed by the Park Commission hereunder, whether in whole or in part, the Park Commission at the end of any particular fiscal year may terminate such services. The Park Commission will notify the Contractor in writing immediately of any services that will be affected by a shortage of appropriated funds. This provision shall not be construed so as to permit the Park Commission to terminate this Agreement during the term, or any service hereunder, merely in order to acquire identical services from a third-party contractor.

20. Bidder’s literature and/or pricing sheets will not be accepted in lieu of completing the bid blank(s) set forth in these specifications.

21. Bidders shall not write in margins or alter the official content or requirements of the Park Commission bid documents.

22. SPECIFICATIONS

Any prospective bidder who wishes to challenge a bid specification shall file such challenges in writing with the contracting agent no less than three (3) business days prior to the opening of the bids.

Challenges filed after that time shall be considered void and having no impact on the contracting unit or the award of contract.

23. OWNERSHIP OF MATERIAL

The owner shall retain all of its rights and interest in any and all documents and property both hard copy and digital furnished by the owner to the contractor for the purpose of assisting the contractor in the performance of this contract. All such items shall be returned immediately to the owner at the expiration or termination of the contract or completion of any related services, pursuant thereto, whichever comes first. None of the documents and/or property shall, without the written consent of the owner, be disclosed to others or used by the contractor or permitted by the contractor to be used by their parties at any time except in the performance of the resulting contract.

Ownership of all data, materials and documentation originated and prepared for the owner pursuant to this contract shall belong exclusively to the owner. All data, reports, computerized information, programs and materials related to this project shall be delivered to and become the property of the owner upon completion of the project. The contractor shall not have the right to use, sell, or disclose the total of the interim or final work products, or make available to third parties, without the prior written consent of the owner. All information supplied to the owner may be required to be supplied on CD- ROM media compatible with the owner’s computer operating system, windows based, Microsoft Office Suite 2000.

Reasonable efforts will be taken by Morris County to keep information of a confidential or proprietary nature confidential during and after the procurement process as permitted by law, when such information is properly identified by the Proposer

24. AMENDMENTS TO N.J.S.A. 2C: 21-33 et. seq. “TRUTH IN CONTRACTING”

Bidder should be aware of the following statutes that represent “Truth in Contracting” laws:

1. N.J.S.A 2C:21-34. et seq. governs false claims and representations by bidder.

It is a serious crime for the bidder to knowingly submit a false claim and/or knowingly make material misrepresentation.

2. N.J.S.A. 2C:27-10 provides that a public servant commits a crime if said public servant solicits or receives a benefit directly or indirectly, for an official act performed or to be performed by a public servant, which is a violation of official duty.

3. N.J.S.A 2C: 27-11 provides that a bidder commits a crime if said person, directly or indirectly, confers or agrees any benefit not allowed by law to a public servant.

4. Bidder should consult the statutes or legal counsel for further information.

25. N.J. BUSINESS REGISTRATION PROGRAM

Certificate required pursuant to C57, PL2004; failure to be registered by time of contract award may be cause for rejection. Entities or individuals that need to file for a certificate may do so on-line through the NJ Division of Local Government Services at the following link:

http://www.state.nj.us/treasury/revenue/busregcert.shtml.

26. “PAY TO PLAY” – NOTICE OF DISCLOSURE REQUIREMENT – P.L. 2005, Chapter 271, Section 3 Reporting (N.J.S.A. 19:44A – 20.27)

(1) Any business entity that has received $50,000 or more in contracts from government entities in a calendar year is required to file an annual disclosure report with ELEC. The instructions and form are available on the ELEC website.

(2) Annual Disclosures require submission by March 30th of each year covering contracts and contributions for the prior calendar year.

(3) At a minimum, a list of all business entities that file an annual disclosure report will be listed on ELEC’s website at www.elec.state.nj.us.

(4) If you have any questions please contact ELEC at:1-888-313-ELEC (3532) or 609-292-8700

27. NON-PAYMENT OF PENALTIES AND INTEREST ON OVERDUE BILLS

Public funds may be used to pay only for goods delivered or services rendered. Morris County Park Commission will not pay penalties and/or interest on overdue bills. No employee is authorized to sign a letter of credit or any other document that represents a legal commitment on the part of the Park Commission to pay additional fees.

28. FIRM FIXED CONTRACT

This is a firm fixed contract, prices firm, FOB Park Commission locations. No price escalation. The vendor shall void the contract and permit the Park Commission to solicit open market pricing should any price increase or surcharge be imposed.

29. W-9

Successful bidder/respondent shall complete W-9 Form and submit to Purchasing prior to contract award. The form is available at the following link: www.irs.gov/pub/irs-pdf/fw9.pdf

30. PUBLIC EMERGENCY

In the event of a Public Emergency declared at the Local, State or Federal Level, if the Morris County Park Commission opts to extend terms and conditions of this bid, the contractor agrees to extend the terms and conditions of this bid, whether existing, expiring or expired no longer than six months, for goods and/or services for the duration of the emergency. In the event the original contractor cannot meet this requirement, the Park Commission may solicit the goods and/or services from any bidder on this contract.

31. SOURCE OF SPECIFICATIONS/BID PACKAGES

Official Morris County Park Commission bid packages for routine goods and services are available from www.morrisparks.net at no cost to the vendor. Potential bidders are cautioned that they are bidding at their own risk if a third party supplied the specifications that may or may not be complete.

The Morris County Park Commission is not responsible for third party supplied specifications

32. DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN RUSSIA OR BELARUS

P.L. 2021, c.4, and P.L. 2022, c. 3, prohibits State and local public contracts with persons or entities engaging in certain investment activities in energy or finance sectors of Iran, and engaging in prohibited activities in Russia or Belarus

33. Bidder/Respondent understands that the specifications herein are incorporated into and are fully part of any contract as may be awarded as result of this proposal submittal.

CONTRACT #22-26

HVAC / REFRIGERATION CONTRATOR SERVICES

FOR ALL PARK COMMISSION FACILITIES AND LOCATIONS

E. GENERAL REQUIREMENTS

The Morris County Park Commission (MCPC) requests bids ONLY from Licensed Contractors with Spray Foam Insulation Certification to apply Closed Cell Spray Foam Insulation to all existing basement floor joist cavities, attic rafter cavities and gable end attic walls at the Great Swamp Education Center located at 247 southern Blvd. in Chatham New Jersey. Herein, The Morris County Park Commission shall be referred to as “MCPC” and the Closed Cell Spray Foam Insulation Contractor as “Contractor” or ‘Bidder” respectively

The Great Swamp Education Center is a single-story Type VB wood frame constructed building with a typical concrete block foundation. The basement area contains both stand up and crawl space areas.

The attic assembly is a combination of standard wood frame construction and roof trusses, a low pitch roof limits overhead workspace

The Contractor shall not subcontract any services in this scope of work. The insulation contractor shall provide a copy of the contractor’s license and or certification with this bid.

Each bidder will supply with their bid, the Spray Foam Insulation product they intend to use and specification literature for that product. The contractor shall be an approved contractor of the spray foam insulation manufacturer and provide such documentation with this bid. The contractor may not substitute or use an alternate product other than what has been included in their bid.

The insulation shall be installed in accordance with the manufacturers published installation instructions and applicable codes. If any conflicts are established between instructions and applicable code the most restrictive requirement will govern.

Each Contractor must submit with their bid an experience statement naming facilities in which similar work was contracted along with the names and phone numbers of references at each facility. The MCPC has the right to contact each reference listed by the bidder with phone calls and/or site visits to validate.

The base bid cost must be all inclusive, including but not limited to labor hours, materials, tools, equipment, refuse removal and overhead used to accomplish the services outlined in these specifications and requirements.

All work will be done during regular work days Monday through Friday, between the hours of 8:00 am and 4:30 pm unless otherwise approved by the MCPC Manager of Building and Construction. No work shall take place on park Commission Holidays. The Contractor shall coordinate its work with the Manager of Building & Construction so as to avoid any interruption of work to MCPC facilities and programs

No refuse is to be disposed of in any MCPC dumpsters. No exceptions. The cost of refuse removal shall be included in the base bid

GENERAL REQUIREMENTS (Continued) Each bidder shall examine and become thoroughly familiar with all existing conditions, including all applicable laws, ordinances, rules and regulations that will affect the work, prior to submitting a proposal. A pre-bid meeting date is outlined for all bidders to meet on site and evaluate all conditions first hand, it is highly recommended that bidders attend this meeting. During this pre-bid meeting the bidder will be able to visit the site, examine the existing conditions, equipment and systems, and ascertain by any reasonable means all conditions that will in any manner affect the work, in order to be fully informed prior to submitting a proposal.

These specifications are intended to present an essentially accurate indication of the conditions currently in place. This, however, shall not relieve the bidder of the necessity for fully informing himself/herself as to the existing conditions.

The contractor shall agree to abide by the NJ Uniform Construction Code and its adoption of all international model codes including but not limited to the 2021 New Jersey…