passaic SB-27-007_Roof_Repairs_Time__Material___Services_134146.pdf

BID

for

Roof Repairs Time, Material & Services

SB-27-007

Contract Period: January 1, 2027 through December 31, 2028

PASSAIC COUNTY BOARD OF COUNTY COMMISSIONERS

Cassandra “Sandi” Lazzara, Director Orlando Cruz, Deputy Director

Rodney A. De Vore Bruce James

Michael Ramaglia Christina Schratz Nicholas Veliky

Sherry Arvanitakis, QPA

Purchasing Agent County of Passaic

Passaic County Procurement Center 495 River Street

Paterson, New Jersey 07524 Phone: (973) 247-3300 Fax: (973) 742-8295

COUNTY OF PASSAIC Roof Repairs Time, Material & Services

BOARD OF COUNTY COMMISSIONERS PROJECT SB-27-007

Table of Contents

Bid Document Checklist I. Introduction II. Technical Specifications III. Award of Contract via Straight Bid IV. Subcontracting V. Definitions VI. County Set-Aside Program VII. Procedures for Submitting a Bid VIII. New Jersey Business Registration Certificate IX. New Jersey Prevailing Wage Act X. Public Works Contractor Registration Act XI. Prompt Payment XII. New Jersey Right to Know (NJRTK) XIII. Discrimination in Employment XIV. Equal Opportunity for Individuals with Disabilities XV. Insurance Requirements of the Respondent XVI. State and Federal Taxes XVII. Anti-Kickback Act XVIII. Document Retention XIX. Award and Execution of Contract XX. Dispute Resolution XXI. Liquidated Damages XXII. Termination for Cause XXIII. Requests for Information

ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA

STATEMENT OF OWNERSHIP

BID BOND

CONSENT OF SURETY

BID PROPOSAL

FEDERAL NON-DEBARMENT CERTIFICATION

DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN

CERTIFICATION OF NON-INVOLVEMENT IN PROHIBITED ACTIVITIES IN RUSSIA OR

BELARUS

NON-COLLUSION AFFIDAVIT

MBE/WBE PROGRAM CERTIFICATION FORM

FORM W-9, DEPARTMENT OF THE TREASURER INTERNAL REVENUE SERVICE

SAMPLE NEW JERSEY BUSINESS REGISTRATION CERTIFICATE

APPENDIX A - MINORITY BUSINESS ENTERPRISE AND WOMEN BUSINESS ENTERPRISE

SET-ASIDE AND JOINT VENTURE PROGRAM FOR THE COUNTY OF PASSAIC

Bid Document Checklist

Required with Bid Response

A. FAILURE TO SUBMIT ANY OF THESE ITEMS AT THE TIME OF BID

OPENING IS MANDATORY CAUSE FOR REJECTION OF BID

☒ Acknowledgment of Receipt of Addenda, N.J.S.A. 40A:11-23.2 (e) __________________ ☒ Statement of Ownership, N.J.S.A. 52:25-24.2 __________________ ☒ Bid Proposal, N.J.S.A. 40A: 11-4 __________________

B. MANDATORY ITEM(S), REQUIRED TO BE SUBMITTED TO THE

COUNTY PRIOR TO THE CONTRACT BEING EXECUTED

☒ Federal Non-Debarment Certification, N.J.S.A. 52:32-44.1 __________________ ☒ Disclosure of Investment Activities in Iran, N.J.S.A. 52:32-57

P.L. 2012, c. 25 __________________ ☒ Public Works Registration Certificate (Must be registered at the time of bid submission), N.J.S.A. 34:11-56.48 __________________ ☒ Non-Collusion Affidavit, N.J.S.A 52:34-15 __________________ ☒ MBE/WBE Program Certification Form (if applicable), Resolution No. R20210933 __________________ ☒ 2024 Form W-9, Department of the Treasurer Internal Revenue

Service __________________ ☒ Business Registration Certificate, N.J.S.A. 52:32-44 __________________ ☒ Disclosure of Prohibited Activities in Russia or Belarus, N.J.S.A. 52:32-60.1, et seq. P.L. 2022, c.3 __________________

C. MANDATORY ITEM TO BE SUBMITTED AFTER AWARD OF

CONTRACT

☒ Certified Payroll (Must be submitted to the County for each payroll period within ten (10) days of the payment of wage), N.J.A.C. 12:60-5.1(c)

Name of Bidder (i.e. Company Name) (Please Print):

Signature of Authorized Representative:

Name (Please Print):

Title (Please Print): Date:

*All documents required for the bid submission and prior to the execution of Agreement to the winning bidder are appended hereto and labeled accordingly. If any of the documents stated herein are missing, please contact the Passaic County Purchasing Agent immediately.

NOTE: BID DOCUMENT RETURN ENVELOPES MUST CLEARLY IDENTIFY THE NAME AND

ADDRESS OF THE BIDDER, BID NAME, BID NUMBER, AND BID OPENING DATE ON THE

EXTERIOR OF THE COMMON CARRIER OR COMPANY MAILING ENVELOPE.

Initial each required entry and if required, submit the item

I. Introduction

The County of Passaic is seeking bids for Roof Repairs Time, Material & Services at various County facilities to provide on-call roofing repair, maintenance, inspection, leak investigation, emergency response and related roofing services at County-owned and/or County-operated facilities. This bid is to be applied to roof repair and maintenance projects undertaken by the County on an assignment basis at various locations throughout the County. Contracts from this proposal will be issued on an “as-required” assignment basis and WILL NOT result in an immediate contract.

The work includes furnishing of all labor, materials, and equipment necessary or required to complete all work set forth in the specifications.

II. Technical Specifications

The purpose of this bid is to provide roof repair and maintenance services, including but not limited to the following:

• Emergency roof repairs

• Leak investigation and diagnosis

• Preventive roof maintenance

• Shingle repairs

• Slate repairs

• Tile repairs

• Metal roof repairs

• Low-slope roofing repairs

• EPDM repairs

• TPO/PVC repairs

• Modified bitumen repairs

• Built-up roofing repairs

• Flashing repairs

• Roof drainage repairs

• Gutter and downspout repairs

• Skylight repairs

• Roof penetration repairs

• Roof deck repairs

• Roof insulation repairs

• Roof coating

• Roof ventilation repairs

• Roof accessory repairs

• Storm damage repairs

• Snow and ice-related repairs

• Roof inspections

• Temporary waterproofing

• Localized roof replacement

• Other related roofing work as directed by the County.

All materials shall be:

• New;

• Commercial grade;

• Suitable for the intended application;

• Compatible with existing roofing;

• Installed in accordance with manufacturer requirements; and

• Approved by the County when specified.

Whenever practical, replacement materials shall match the existing roofing system. The Contractor shall not substitute materials without written approval from the County. Installation and repair shall conform to applicable manufacturer's written instructions. Where manufacturer requirements conflict with this specification, the Contractor shall notify the County before proceeding.

All work shall be performed:

• In a professional manner;

• In accordance with accepted roofing industry practices;

• In accordance with applicable building codes;

• In accordance with OSHA requirements;

• In accordance with manufacturer requirements; and

• In a manner that does not unnecessarily disrupt County operations.

Many County facilities may remain occupied while work is performed. The Contractor shall:

• Coordinate work with facility representatives;

• Minimize disruption;

• Maintain safe pedestrian routes;

• Control noise;

• Control dust and debris;

• Protect building occupants;

• Maintain emergency access;

• Secure work areas; and

• Clean all work areas after completion of a task to the satisfaction of the County.

The Contractor shall be responsible for damage caused by its operations. To limit potential damage, Contractor shall protect:

• Buildings;

• Vehicles;

• Landscaping;

• Pavement;

• Sidewalks;

• Mechanical equipment;

• HVAC systems;

• Interior finishes;

• Furniture;

• Public areas; and

• County property

The contractor shall comply with all applicable federal, state, and local safety requirements, including OSHA requirements. Contractor shall take all necessary precautions for the safety of employees on the worksite, and shall erect and properly maintain at all times, as required by job conditions and progress of the work, all necessary safeguards for the protection of the workers and public. They shall post danger-warning signs against the hazards created by their operation and work in progress. Proper precautions shall be taken to protect workers, the public and existing structures from injury or damage.

Quotes must contain an actual unique quote number and date. Quotes CANNOT be quoted as LUMP SUM. There must be a clear distinction on materials and labor. Materials should be itemized and there must be a clear formula how vendor arrived at total labor cost and that must be indicated.

Contractors may NOT charge for travel time or implement fuel surcharges for any site visits. These charges will be excluded from the resulting contract herein.

The County does not guarantee any minimum quantity of work, expenditure, or number of Work Orders under this contract.

The Contractor’s work staff shall report to the designated representative each day and provide any documents required to verify the hours of labor performed and invoiced.

The Contractor will provide a record of all services rendered, inspections, repairs, and replacement of parts or equipment made during service calls. The Contractor shall also provide Time Tickets on a per service day basis (unless otherwise mutually agreed to, on a monthly basis) for all work performed. Time Tickets must include and provide information on each service and/or repair or replacements to parts or equipment made. Reports will be compiled and made available at no additional charge.

Reports and Time Tickets shall include the following:

• Location of service within the building

• Date and time of service

• Concise description of the work performed

• Status of service and work performed (call back, replacement or repair, etc.)

• The number of hours expended, and the materials used

• Name of technician who performed services

• Signature of technician who performed services

The Contractor shall also demonstrate that the materials invoiced were, in fact, utilized for the project in the quantities claimed.

Contractors shall take all necessary precautions for the safety of employees on the worksite, and shall erect and properly maintain at all times, as required by job conditions and progress of the work, all necessary safeguards for the protection of the workers and public. They shall post danger-warning signs against the hazards created by their operation and work in progress. Proper precautions shall be taken pursuant to State law and standard construction practices in order to protect workers, the general public and existing structures from injury or damage.

The Contractor shall provide to the County a designated phone number that may be called 24/7 in the event of an emergency. By bidding on this contract, Contractor agrees to the following standard response times:

Priority Response Requirement Emergency – Property Threat On-site within 2 hours Urgent – Active Leak On-site within 4 hours Priority Repair Within 24 hours Routine Repair Within 3 business days Inspection/Non-Emergency Within 5 business days

Emergency work may include temporary patches, tarps, temporary flashing, sealants, drainage measures, debris removal or other measures to prevent further damage. Temporary repairs shall be followed by permanent repairs when appropriate.

Scope of Work: The contractor(s) must provide the services stated in this Bid at any of the County of Passaic premises.

Qualifications

Bidders shall demonstrate experience in commercial, institutional, government, industrial or similarly complex roofing work and at a minimum, shall:

1. Have been continuously engaged in roofing construction and repair for at least five (5) years;

2. Have experience with multiple roofing systems;

3. Maintain all licenses and registrations required by federal, state, county, and municipal authorities;

4. Maintain properly trained roofing personnel;

5. Maintain required insurance;

6. Have sufficient personnel and equipment to respond to emergency requests;

7. Have the financial and operational capacity to perform multiple Work Orders;

8. Have experience working at occupied public, commercial, institutional, or similar facilities;

9. Be capable of performing work in accordance with applicable OSHA requirements; and

10. Have no unresolved history of material violations of applicable roofing, construction, safety, or labor requirements.

Bidders shall complete and submit the Vendor Qualification Form.

Vendor Qualification Form

(Please complete and submit with your bid.)

Bidders are required to disclose the following information:

1. Please list all types of work in which your company is actively engaged and the approximate percentage of each:

1) Maintenance __________________%

2) Installation __________________%

3) Service, Time & Material Repairs __________________%

2. List all principals/officers with titles and years of experience with this firm. (Attach additional sheets, if necessary.)

1) _____________________________________________________

2) _____________________________________________________

3) _____________________________________________________

3. General Information Requested:

a) How many service trucks do you have on the road in New Jersey? ________________________

b) How many trucks and mechanics are available during non-regular business hours?

c) How many mechanics are with your company? ________________________________________

d) How many mechanics are journeymen? ______________________________________________

e) What is your average response time for regular hours service calls? ________________________

f) What is your average response time on emergency service calls? __________________________

g) Do you offer emergency service 24 hours/seven days a week? ____________________________

h) List the total number of years that listed servicemen are with your company (aggregate total, example: 5 employees with 10 years’ experience each would be an aggregate total of 50 years).

4. Please list total number of factory training courses attended by your service mechanics:

1) ____________________________________________________

2) ____________________________________________________

3) ____________________________________________________

5. List all manufacturing training courses with copies of completion certificates.

1) ____________________________________________________

2) ____________________________________________________

3) ____________________________________________________

6. Please name your company’s union affiliation, if any:

7. Proof of Certification/Licenses: The Contractor(s) will provide copies of all applicable certificates and licenses required in the State of New Jersey to repair and maintain roofing systems and related materials. Failure to provide certifications may render the bid non-responsive.

III. Award of Contract via Straight Bid

Pursuant to N.J.S.A. 40A:11-4.5(e), the Board shall award the contract or reject all bids no more than sixty (60) days after the receipt of bids, 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.

IV. Subcontracting

Under no circumstances shall a Respondent sub-contract any part of the contract with the County of Passaic without prior written permission.

V. Definitions

As used herein the following words have the following definitions, unless the context indicates otherwise:

a. “Affiliate” means any entity that: (1) directly, indirectly, or constructively controls another entity;

(2) is directly, indirectly, or constructively controlled by another entity; or (3) is subject to the control of a common entity if it owns, directly or individually, more than fifty percent (50%) in the entity.

b. “Agreement” means the final contract awarded to the lowest responsible bidder as approved by the Passaic County Board of County Commissioners.

c. “Bid” means the submission by the respondent for the work as outlined herein for the Roof Repairs Time, Material & Services.

d. “Bidder” means the respondent contractor submitting a proposal for the project as set forth herein.

e. “Bid Documents” means any of the proposals, plans, and specifications as set forth herein for the completion of the Roof Repairs Time, Material & Services.

f. “Bid Opening” shall mean the time as designated herein when bids are due and shall be unsealed as set forth herein and in accordance with applicable law.

g. “Board” means the Passaic County Board of County Commissioners.

h. “Contract” means any agreement, including but not limited to a purchase order or a formal agreement, which is a legally binding relationship enforceable by law, between a respondent who agrees to perform the work as outlined herein, as defined by and subject to the terms of the bid documents, plans, and specifications set forth herein.

i. “Contracting Unit” shall mean the County of Passaic.

j. “County” means the County of Passaic.

k. “Department” means Management and Buildings and Grounds.

l. “Project” means the Roof Repairs Time, Material & Services.

m. “Purchase Order” means a document issued by the contracting agent authorizing a purchase transaction with a vendor to provide or perform goods or services to the contracting unit, which, when fulfilled in accordance with the terms and conditions of a request of a contracting agent and other provisions and procedures that may be established by the contracting unit, will result in payment by the contracting unit.

n. “Purchasing Agent” means the Passaic County Purchasing Agent.

o. “Respondent” means the contractor submitting a proposal for the construction project as set forth herein.

p. “Subcontractor” means any business organization that knowingly provides goods or services directly to a contractor or subcontractor in fulfillment of the Project issued by the County, where the value of goods exceeds the bid threshold as set by applicable law.

VI. County Set-Aside Program

On October 26, 2021, the Board of County Commissioners of the County of Passaic passed Resolution No. R20210933 establishing the Minority Business Enterprise and Women Business Enterprise Set-Aside and Joint Venture procurement program in the County. The Set Aside Program was established to promote economic inclusion, and to ensure that the County’s procurement practices promote equal opportunities to compete for all willing and able businesses, the County has established goals to ensure that funds spent by the County promote local minority business entities and women business entities.

For calendar year 2022, the Set Aside Program’s goals for professional services are as follows:

(1) ten percent (10%) of total average “spend” on contracts for professional services awarded to WBEs and with a goal to twenty percent (20%) by 2024 by way of set-asides; and (2) ten percent (10%) of total average “spend” on contracts for professional services awarded to MBEs and with a goal to twenty percent (20%) by 2024 by way of set-asides. If your business is a qualified WBE and/or MBE, please complete the MBE/WBE Program Certification Form enclosed herewith. If a bidder is not a certified minority business enterprise or women business enterprise, please check the box at the top of the form marked ‘not applicable’.

VII. Procedures for Submitting a Bid

Respondent shall submit a bid for the Project prior to the hour designated herein via regular mail, overnight delivery, or hand delivery to the following address:

County of Passaic – Division of Purchasing Passaic County Procurement Center 495 River Street, 2nd Floor Paterson, New Jersey 07524

Bids shall be inserted in a sealed envelope, bearing the name and address of the bidder and “Bid

Number, Bid Name, and Bid Opening Date” on the outside of the envelope. Any bidder who has mailed, overnight delivered, or hand delivered a bid to the County of Passaic Division of Purchasing may attend the bid opening for the reading of bids. However, the County is not responsible for any bid that is not received at the time of the bid opening, which shall be returned unopened.

Conditions for submitting a proposal are as follows:

1. Bids must be submitted in ink or typewritten only. The County of Passaic reserves the right to reject any penciled bids.

2. By typing your signature on the County bid document, you are doing so with the intent to sign your bid submission and consent to the terms of the County’s bid specifications pursuant to the Uniformed Electronic Transaction Act.

3. A respondent’s bid proposal shall not be considered responsive if submitted with any qualifying conditions or provisions.

4. Bidders are urged to read and familiarize themselves with the conditions, legal notice, specifications, and proposal as outlined herein.

5. Bidders are responsible for errors made by the party submitting the bid.

6. Multiple bids from an individual, a firm or partnership, a corporation, or association under the same or different names shall not be accepted.

7. Unit Price

Bidders shall not submit more than one (1) unit price per item or submit prices on more items than is requested, or the bid shall be rejected as "Conditional". All unit prices are to be net. No discounts are allowed. Any trade or other discounts are to be included in one net unit price. If the quantity requested in the specifications is one, that price will be considered the unit price if additional quantities are purchased after the initial award. The prices are for the items delivered to the institutions and departments, and/or services rendered. The County of Passaic reserves the right to correct any arithmetical or typographical errors in the extensions of the unit price, and the corrected extensions will then be totaled. If there is a discrepancy between the unit prices and the extended totals, the unit prices shall prevail.

8. Quality and Brand

All supplies bid upon are to be as per brand or brands submitted as "equal" or better.

Bidders must submit brand as well as unit price and total on each item bid upon. In the event the bid is based upon "equal", complete specifications must be attached to the bid, and samples may be requested whenever applicable.

Damaged merchandise shall not be acceptable. In case of failure to furnish any or all the articles herein specified in accordance with said advertisement and this proposal and bid and the agreement affected thereby the County of Passaic may purchase said articles elsewhere and deduct the cost from the account of the successful bidder.

9. Delivery

All articles shall be delivered to all Departments and Institutions specified with all charges prepaid, (F.O.B. Destination) in such quantities as ordered by the County of Passaic, which may be greater or lesser in amount than herein specified and in case no specific time for delivery is included by the County of Passaic when the order is given, then such goods must be delivered immediately.

No additional charges will be allowed for any transportation cost resulting from partial shipments made at the vendor's convenience.

Merchants who substitute commodities or deliver commodities not according to specifications, or who do not deliver at time specified in the proposal will be classified, as undesirable and their proposals will be refused in future bidding.

10. Guaranty/Warranty

The bidder hereby certifies that the equipment offered is standard new equipment, the latest model or regular stock product, with parts regularly used for the type of equipment offered that such parts are in production and not likely to be discontinued. All new equipment is to be unconditionally guaranteed for a period of one year from the time of delivery unless specified otherwise and that the manufacturer of the equipment passes through all warranties expressed or implied.

The bidder further warrants that these products are free from defects in material and workmanship and during the warranty period will repair any defect in material or workmanship.

11. Identical Bids

When two (2) or more responsible bidders submit the lowest and best bids, and these bids are identical in both amount and nature, the County of Passaic shall enter into a contract with only one of the responsible bidders and reject all other bids. The one bidder shall be selected by the casting of lots. It should be noted that this does not prohibit multiple or progressive awards if specified in the bid invitation.

12. Domestic Products

American goods and products are to be used where possible or wherever available, as per County of Passaic Resolution dated April 20, 1983, "Buy American", pursuant to the provisions of N.J.S.A. 40A11-18.

13. Quantity

It is understood that the quantities listed are estimated quantities based upon both previous consumption and estimated consumption for the present contract, and they will control in the awarding of the contract. However, the County of Passaic reserves the right to decrease in any amount the quantities herein specified, because estimates are supplied by the institutions and departments, and lead time may make certain requests obsolete and unnecessary during the contract period. The County of Passaic reserves the right to increase up to twenty percent (20%) the quantities herein specified. Furthermore, the actual orders may be greatly decreased in quantity for any/all items on the bid proposal form, and some items may not be ordered at all.

Bidders must submit all required documentation as stated herein, including all the items listed on the Bid Document Checklist. Please take note of the following:

1. A respondent’s bid proposal shall not be considered responsive if submitted with any qualifying conditions or provisions.

2. The Acknowledgment of Receipt of Addenda enclosed hereto and required under N.J.S.A.

40A:11-23.2 (e) must be signed if an addendum was issued.

3. The Statement of Ownership enclosed hereto and required under N.J.S.A. 52:25-24.2 must set forth the names and addresses of all stockholders in the corporation who own ten percent (10%) or more of its stock of any class, or any individual partners in a partnership who own a ten percent (10%) or greater interest therein. This form shall be signed and submitted with the bid whether a stockholder or partner owns greater than 10% of the business submitting the bid or not.

Failure to comply requires mandatory rejection of the bid.

4. The Disclosure of Investment Activities in Iran enclosed hereto and required under P.L. 2012, c.

25 must be signed.

5. A Federal Non-Debarment Certification setting forth the names and addresses of all individuals or entities owning greater 50% interest in the contractor, as well as all individuals or entities owning greater than 50% of the contractor’s parent entity. This form shall be signed and submitted with the bid whether a stockholder or partner owns greater than 50% of the business submitting the bid and the business’s parent entity or not. Failure to comply requires mandatory rejection of the bid.

6. The Non-Collusion Affidavit required under N.J.S.A. 52:34-15 must be signed and notarized.

7. The Certification of Non-Involvement in Prohibited Activities in Russia or Belarus enclosed hereto and required under P.L. 2022, c.3 must be signed.

8. If any discrepancies or omissions appear in the Bid Documents, the bidder shall notify the Purchasing Agent in writing of any such discrepancy or omission.

VIII. New Jersey Business Registration Certificate

Prior to the award of contract to the lowest responsible bidder, the Contractor shall provide a current Business Registration Certificate (hereafter “BRC”) pursuant to N.J.S.A. 52:32-44. A Business Registration Certificate is required for all contractors and any subcontractors performing work on the Project. Under N.J.S.A. 52:32-44, the following requirements are imposed on contractors or subcontractors that knowingly provide goods or perform services for a contractor fulfilling the services required herein:

1. The contractor shall obtain and provide the owner the BRC of subcontractors knowingly used on this Project.

2. The contractor shall maintain and submit to the County a list of subcontractors and their addresses that may be updated from time to time during the contract performance. A complete and accurate list shall be submitted before final payment is made for goods and services rendered under the contract.

3. During the term of this contract, the contractor and its affiliates shall collect and remit, and shall notify all subcontractors and their affiliates that they must collect and remit to the Director, New Jersey Division of Taxation, the use tax due pursuant to the N.J.S.A. 54:32B-1 et seq. on all taxable sales of tangible personal property delivered into the State.

Failure to submit the BRC with the bid is not a cause for rejection. However, the County prefers the BRC be submitted with the bid response. If it is not provided prior to execution of a contract the bidder’s bid guarantee shall be forfeited and the contract shall be awarded to the next lowest responsible bidder.

A contractor, subcontractor or supplier who fails to provide proof of business registration or provides false business registration information shall be liable to a penalty of twenty-five dollars ($25.00) for each day of violation, not to exceed fifty thousand dollars ($50,000), for each BRC not properly provided or maintained under a contract with the County.

A BRC is obtained from the New Jersey Division of Revenue and Enterprise Services.

Information on obtaining a BRC is available by visiting www.nj.gov/treasury/revenue/busregcert.shtml or by phone at (609) 292-2929.

IX. New Jersey Prevailing Wage Act

The terms and conditions as set forth in the New Jersey Prevailing Wage Act, N.J.S.A.

34:11- 56.25, et seq. are hereby made part of every contract entered into by the County of Passaic, except those contracts which are not in contemplation of N.J.S.A. 34:11-56.25, et seq. The bidder's signature on the bid proposal is a guarantee that neither the bidder, nor any subcontractors listed in the bid proposal, might employ to perform work as set forth in the Bid Documents are on record with the New Jersey Department of Labor and Workforce Development as an entity who has failed to pay prevailing wages in accordance with N.J.S.A. 34:11-1, et seq.

Pursuant to N.J.A.C. 12:60-5.1(c), all contractors and subcontractors are required to submit to the County a certified payroll record to the Passaic County Counsel' s Office, at the following address:

Passaic County Counsel County of Passaic 401 Grand Street, Room 214 Paterson, New Jersey, 07505

Such record shall be submitted each payroll period within ten (10) days of the payment of wages.

The County shall receive, file, and make available for inspection at its normal place of business and during normal business hours the certified payroll records.

All contractors are required to comply with N.J.S.A. 34:11-56.25, et seq., including but not limited to the prevailing wage determination made by the New Jersey Commissioner of the Department of Labor and Workforce Development. In accordance with N.J.S.A. 34:11-56.27, if an employer pays an employee less than prevailing wage as outlined herein, the County may terminate the contract.

X. Public Works Contractor Registration Act

1. 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.

2. 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.

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

a. “Construction, reconstruction, demolition, alteration, or repair work, or maintenance work, including painting and decorating, done under contract and paid for in whole or in part out of the funds of a public body, except work 1performed under a rehabilitation program.

b. “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…”

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

4. To register, a contractor must provide the State Department of labor with a full and accurately completed application form. The form is available online at www.state.nj.us/labor/lsse/lspubcon.html. N.J.S.A 34:11-56.55 specifically prohibits accepting applications for registration as a substitute for a certificate or registration.

XI. Prompt Payment.

All payments for work/services performed and goods purchased will be made by the County in compliance with N.J.S.A. 2A:30A-1, et seq.

XII. New Jersey Right to Know (NJRTK)

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 US 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.

Mark Mora, Right to Know Project Specialist County of Passaic Department of Health 930 Riverview Drive Suite 250 Totowa, New Jersey 07512 973-881-4396 Fax-973-225-0222 markmora@passaiccountynj.org

XIII. Discrimination in Employment

The terms and conditions as set forth in the New Jersey Civil Rights Act, N.J.S.A. 10:1, et seq.

are hereby made part of every contract entered by the County of Passaic. Pursuant to N.J.S.A. 10:1, et seq., the bidder agrees to the following conditions:

1. In the hiring of persons for the performance of work under this contract or any subcontract hereunder, or for the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under this contract, no contractor, nor any person acting on behalf of such contractor or subcontractor, shall, by reason of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex, discriminate against any person who is qualified and available to perform the work to which the employment relates;

2. No contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee engaged in the performance of work under this contract or any subcontract hereunder, or engaged in the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under such contract, on account of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex;

3. There may be deducted from the amount payable to the contractor by the contracting public agency, under this contract, a penalty of fifty dollars ($50.00) for each person for each calendar day during which such person is discriminated against or intimidated in violation of the provisions of the contract; and

4. This contract may be canceled or terminated by the contracting public agency, and all money due or to become due hereunder may be forfeited, for any violation of this section of the contract occurring after notice to the contractor from the contracting public agency of any prior violation of this section of the contract.

Pursuant to N.J.S.A. 10:5-32, no contract be awarded by the County, nor shall any moneys be paid thereunder to any contractor, subcontractor or business firm which has not agreed and guaranteed to afford equal opportunity in performance of the contract and, except with respect to affectional or sexual orientation, and gender identity or expression, in accordance with an affirmative action program approved by the New Jersey State Treasurer.

Bidders are required to comply with the requirements of P.L.1975, c.127. The terms and conditions as set forth in N.J.S.A. 10:5-33 are hereby made a part of every contract entered into by the County of Passaic, specifically, that, during the performance of the contract, the contractor agrees as follows:

1. The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality, or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality, or sex. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;

layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause;

2. The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex; and

3. The contractor or subcontractor where applicable, will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers’ representative of the contractor’s commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

Pursuant to N.J.S.A. 10:5-34, each prospective bidder is required to submit an Affirmative Action Plan to the New Jersey State Treasurer, as set forth in the law:

Each prospective bidder on a public works contract or contracts and each subcontract bidder to a prime contract bidder shall formulate and submit to the State Treasurer his or its affirmative action program of equal opportunity whereby he or it guarantees minorities employment in all employment categories; the submission shall be accompanied by a fee in an amount to be fixed by the State Treasurer. For the purposes of this section, equal employment opportunity but not affirmative action is required with respect to persons identified solely by their affectional or sexual orientation and gender identity or expression. The State Treasurer shall notify the bidder of approval or disapproval of his or its program within 60 days of its submission; failure of the State Treasurer to so act within 60 days shall constitute approval of the program. Any existing federally approved or sanctioned affirmative action program shall be approved by the State Treasurer.

No subcontract bidder who has less than five employees need comply with the provisions of this section.

XIV. Equal Opportunity for Individuals with Disabilities

All bidders expressly agree to comply with the provisions of the American with Disabilities Act of 1990, 1990 Enacted S. 933, 101 Enacted S. 933, 104 Stat. 327, 101 P.L. 336, 1990 Enacted S. 933, 101 Enacted S. 933, and any amendments thereto, that established a clear and comprehensive prohibition of discrimination on the basis of disability. The rules and regulations promulgated under the American with Disabilities Act of 1990, and any amendments thereto, are hereby made a part of every contract entered into by the County of Passaic with the lowest responsible bidder.

In the event that the contractor, its agents, servants, employees, or subcontractors violate or are alleged to have violated the Americans with Disabilities Act of 1990, and any amendments thereto, during the performance of the contract, the contractor shall indemnify, protect, and save the County, its agents, servants, and employees from and against any and all suits, claims, losses, demands, or damages, or whatever kind of nature arising out of claimed to arise out of an alleged violation.

XV. Insurance Requirements of the Respondent

The Respondent shall maintain insurance as set forth herein for the duration of the Project, including, but not limited to the following:

New Jersey Workers’ Compensation pursuant to N.J.S.A. 34:15-1, et seq.;

Generable Liability Insurance;

Property Damage Liability Insurance; and

Business Automobile Liability Insurance

The Respondent shall maintain a guarantee of such insurance in the following amounts:

Workers’ Compensation $100,000 to $300,000 General Liability Insurance $1,000,000 Property Damage Liability Insurance $500,000 Business Automobile Liability Insurance $250,000

The contractor is given the option to obtain a combined single limit insurance policy in the amount of one million dollars ($1,000,000.00).

The County of Passaic shall be named as an additional insured on the insurance policies required herein. The contractor shall require a certificate of insurance upon execution of the contract. The certificates of insurance shall expressly state that the insurers will notify the County of termination of coverage no less than thirty (30) days prior to termination. If any of the insurance policies herein lapse, the contractor shall notify the County of a lapse in coverage immediately.

In the event the contractor shall cause his insurance coverage to lapse, the contractor shall immediately notify the County of same. In addition, the insurance policy additional named insured provision naming the County as an additional insured on same shall contain language regarding the insurer to provide timely notification to the County about lapse in coverage.

The contractor shall also agree to indemnify and hold harmless the County for all claims, cost and judgments arising out of the allegations of negligence, errors, omissions, or allegations otherwise sounding in tort while performing within the scope of this agreement, to include but not limited to the actions of any subcontractors or suppliers.

The insurance requirements set forth herein may be supplanted and increased by the County pursuant to values as set forth in the supplementary specifications for the Project.

XVI. State and Federal Taxes

Pursuant to N.J.S.A. 54:32B-9 and applicable federal law, the County of Passaic are exempt from sales and use tax and the federal excise tax for the purchase of fuel.

XVII. Anti-Kickback Act

The bidder must comply with 18 U.S.C. 874, the Anti-Kickback Act, and any other applicable regulations promulgated by the United States Department of Labor applicable to public works projects in the United States. The contractor shall include applicable provisions in any agreements with subcontractors retained for the Project to ensure compliance.

XVIII. Document Retention

Pursuant to N.J.A.C. 17:44-2.2, the successful bidder shall maintain all documentation related to products, transactions, or other services under this contract for a period of five (5) years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon request.

XIX. Award and Execution of Contract

Pursuant to N.J.S.A. 40A:11-24(b), the contract awarded to the selected Respondent shall be signed by all parties no later than twenty-one (21) days after the award of the contract, Sundays and holidays excepted, after the making of an award. The contractor, upon written request to the County, is entitled to receive, within seven (7) days of the request, an authorization to proceed pursuant to the terms of the contract on the date set forth in the contract for work to commence, or, if no date is set forth in the contract, upon receipt of authorization.

XX. Dispute Resolution

Prior to submitting a cause of action to a court for relief, by submitting a proposal, bidders are expressly agreeing to first submit to non-binding arbitration for resolve disputes that arise, as governed by N.J.S.A. 40A:11-50 and N.J.S.A. 2A:6-23B, et seq. The costs of arbitration shall be fully borne by the Respondent. The process as set forth in N.J.S.A. 2A:6-23A-1, et seq. are hereby made a part of every contract entered into by the County of Passaic.

XXI. Liquidated Damages

In accordance with N.J.S.A 40A:11-19, liquidated damages are hereby made a part of every contract entered into by the County of Passaic and the winning bidder. If the winning bidder fails to deliver any of the services as outlined herein, the County is entitled to one hundred and fifty dollars ($150.00) per day as liquidated damages, and not as a penalty.

XXII. Termination for Cause

In the event that the contractor shall fail to comply with any of the conditions herein provided and as covered by the contract, the Purchasing Agent shall notify the contractor of such failure or default and demand that the same be remedied within five (5) days. In the event of the failure of the contractor to remedy the same within said period, the Purchasing Agent shall take steps to terminate the contract, and the performance bond shall be forfeited.

XXIII. Requests for Information

All requests for information made by a bidder prior to the designated bid opening shall be made in writing to the following designated official:

Hashiah Brown, Principal Purchasing Agent County of Passaic Purchasing Division Phone: (973) 247-3300 Email: bids@passaiccountynj.org

Sherry Arvanitakis, QPA

Requests for information by a bidder shall be shared with every contractor who has picked up the

Bid Documents with corresponding answers.

ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA

The undersigned Bidder hereby acknowledges receipt of the following addenda. If no addenda were issued, check the “No addenda were received” box.

This form must be returned with your bid response regardless of if addenda were issued.

Addenda Number Date

No addenda were received

Name of Bidder (i.e. Company Name) (Please Print):

Signature of Authorized Representative:

Name (Please Print):

Title (Please Print): Date:

*Signature is required only if an addendum was issued.

STATEMENT OF OWNERSHIP

All parts must be carefully reviewed and completed to the extent applicable.

Any material errors or omissions will result in the rejection of a bidder’s entire submission.

PART 1

(Part 1 must be completed by all bidders)

1) Full Legal/Corporate Name of Bidder: _____________________________________________

(hereafter, “Bidder”)

2) Bidder’s Entity Type (check one):

Corporation S Corporation Limited Liability Company Partnership Limited Partnership Limited Liability Partnership Sole Proprietorship Other: ____________________

3) Does any individual own a 10% or greater interest in the Bidder? (check one):

Yes No

4) Does any entity own a 10% or greater interest in the Bidder? (check one):

Yes

5) Does any individual or entity own a 10% or greater interest in an entity described in

Question 4 above? (check one):

Yes

Not Applicable

PART 2

(Part 2 must be completed if Bidder is NOT a sole proprietorship)

Date of Formation: ______________ Place of Formation: ______________________

Business Address: _____________________________________________________________

Business Telephone: _______________________ Business Fax: _______________________

PART 3A

(Part 3A must be completed if you answered “Yes” to Part 1, Question 3)

In accordance with N.J.S.A. 52:25-24.2, you must provide the legal names and addresses of all individuals holding a ten percent (10%) or greater interest in the Bidder (i.e., of all stockholders in the corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the limited liability company who own a 10 percent or greater interest therein, as the case may be).

Name: __________________________________________________________________ Address: __________________________________________________________________

(Attach additional sheets if necessary)

PART 3B

(Part 3B must be completed if you answered “Yes” to Part 1, Question 4)

In accordance with N.J.S.A. 52:25-24.2, you must provide the legal names and addresses of all entities holding a ten percent (10%) or greater interest in the Bidder (i.e., if any stockholder or partner or member holding a ten percent (10%) or greater interest in Bidder is itself a corporation or partnership or limited liability company).

Name: __________________________________________________________________

PART 3C

(Part 3C must be completed if you answered “Yes” to Part 1, Question 5)

In accordance with N.J.S.A. 52:25-24.2, you must provide the legal names and addresses of all…