rahway valley sewer 5D490867-146C-487C-A3DE-39F1B5C72C54.pdf

RAHWAY VALLEY SEWERAGE AUTHORITY

1050 EAST HAZELWOOD AVENUE

RAHWAY, NEW JERSEY 07065

BID DOCUMENTS FOR

CONTRACT #2630 – INTERCEPTOR SEWER CLEANING &

INSPECTION SERVICES

COMMISSIONERS

ROBERT M. BEINER

MICHAEL FURCI

MICHAEL J. GELIN

EDWARD GOTTKO

LOREN HARMS

CHRISTOPHER KOLIBAS

FRANK G. MAZZARELLA

CRAIG MCCARRICK

ROBERT RACHLIN

RAYMOND SZPOND

JOHN J. TOMAINE

JOHN BUONOCORE, EXECUTIVE DIRECTOR

KAREN MUSIALOWICZ, SECRETARY-TREASURER

ANDREA DeCARLO, PURCHASING AGENT

LAST UPDATED: August 3, 2026

BID DUE DATE: TUESDAY, AUGUST 25, 2026

INDEX TO BID DOCUMENT ..................................................................................................................................... PAGE NO.

DEFINITIONS

SERVICES

ESTIMATED QUANTITIES

U.S. GOODS

CASH ALLOWANCES

FORM OF BID

BID GUARANTEE

ERRORS IN BIDS

MATERIAL TO BE BID IN PLACE

AWARD OF THE CONTRACT

CONTRACT TERM

CONSENT OF SURETY

PERFORMANCE SECURITY (WHERE APPLICABLE)

RELEASE OF PERFORMANCE SECURITY (WHERE APPLICABLE)

MAINTENANCE BOND (WHERE APPLICABLE)

QUALIFICATIONS OF BIDDERS

EQUAL BIDS

BIDDER’S EXECUTION OF CONTRACT

AWARD NOT BINDING PRIOR TO CONTRACT EXECUTION AND DOCUMENT APPROVAL

FORM OF CONTRACT

TIME OF THE ESSENCE

INTENT OF CONTRACT DOCUMENTS

REJECTION OF INDIVIDUAL BIDS

REJECTION OF ALL BIDS

INSURANCE

BIDDERS REFERRED TO LAWS

PUBLIC WORKS CONTRACTOR REGISTRATION ACT -- NOT APPLICABLE

SUBSTITUTIONS

AFFIDAVIT OF NON-COLLUSION

PERSONAL LIABILITY

TIME SCHEDULE

FORCE MAJEURE

COMPLIANCE WITH ANTI-DISCRIMINATION LAWS

COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990

OSC RECORD RETENTION REQUIREMENT

ACCIDENT PREVENTION

INSPECTIONS, TESTS AND CORRECTION OF DEFECTIVE WORK

CERTIFICATE OF COMPLETION (WHERE APPLICABLE)

PAYMENT

FINAL PAYMENT

ACCEPTANCE OF FINAL PAYMENT OR ISSUANCE OF FINAL ACCEPTANCE

DRAWINGS AND SPECIFICATIONS

AUTHORITY'S RIGHT TO STOP WORK OR TERMINATE CONTRACT

LABOR LAW PROVISIONS

CORRESPONDENCE

CONTRACTOR INDEMNIFICATION

CONTRACTOR’S DAMAGES

ASSIGNMENT AND TRANSFER

STANDARDS AND INDUSTRY SPECIFICATIONS

WARRANTIES

CASH ALLOWANCES AND ITEMS PROVIDED BY THE AUTHORITY

CERTIFICATE OF OWNERSHIP

THE NEW JERSEY WORKER AND COMMUNITY RIGHT TO KNOW ACT

CERTIFICATION OF SHAREHOLDERS, OFFICERS AND PARTNERS

ADDENDA

SYMBOLS AND ABBREVIATIONS NOTED ON DRAWINGS

DRUGS AND ALCOHOL

CHECK LIST

EXHIBIT A – SPECIFICATIONS

EXHIBIT B – BIDDER'S CHECKLIST & LIST OF DOCUMENTS TO BE SUBMITTED WITH BID

EXHIBIT C – BID PROPOSAL FORM

EXHIBIT D – FORM OF BID BOND/GUARANTEE

EXHIBIT E – CERTIFICATE OF SURETY

EXHIBIT F – FORM OF PERFORMANCE BOND

EXHIBIT G – ACKNOWLEDGMENT OF RECEIPT OF NOTICES

EXHIBIT H – FORM OF CONTRACT

EXHIBIT I – ACKNOWLEDGMENT OF CORPORATE CONTRACTOR

EXHIBIT J – FORM OF STATEMENT AND LIST OF SUBCONTRACTORS

EXHIBIT K – SUBCONTRACTOR RECOGNITION FORM

EXHIBIT L – REQUEST FOR SUBSTITUTION

EXHIBIT M – FORM OF NON-COLLUSION AFFIDAVIT

EXHIBIT N – AFFIRMATIVE ACTION REQUIRED EVIDENCE

EXHIBIT O – STATEMENT OF QUALIFICATIONS

EXHIBIT P – FORM OF CERTIFICATE OF OWNERSHIP

EXHIBIT Q – OWNERSHIP DISCLOSURE CERTIFICATION

EXHIBIT R – PROHIBITED RUSSIA-BELARUS & IRAN INVESTMENT ACTIVITIES

EXHIBIT S – CERTIFICATION OF NON-DEBARMENT

EXHIBIT T – CERTIFICATION OF PREVAILING WAGE COMPLIANCE

EXHIBIT U – FORM OF NOTICE OF AWARD

EXHIBIT V – RESOLUTION #93-51

NOTICE TO BIDDERS

INSTRUCTIONS FOR BID SUBMITTALS – PLEASE REVIEW THOROUGHLY

NOTICE IS HEREBY GIVEN that sealed bids will be received by the Rahway Valley Sewerage Authority (“Authority”) for CONTRACT #2630 – INTERCEPTOR SEWER CLEANING & INSPECTION SERVICES and such bids shall be received by the Authority, opened and read in public at the Administration Building, 1050 East Hazelwood Avenue, Rahway, New Jersey, on TUESDAY, AUGUST 25, 2026 at 11:00 a.m., local prevailing time. After the bids have been opened, they will be reviewed and examined by the Authority or its representatives, and the results will be made public.

Until the actual award and execution of a Contract, the Authority reserves its right to reject all bids.

Complete sets of the bid documents for the proposed purchase are on file in the Office of the Purchasing Agent at the

Authority’s Administration Building, 1050 East Hazelwood Avenue, Rahway, New Jersey, and may be examined Monday through Friday between the hours of 7:00 a.m. and 2:00 p.m., except holidays. A copy may be obtained for free by downloading it from our website at http://www.rahwayvalleysa.com/bids_rfps/contracts_bids.php, after registering on the website; or at the Authority’s offices, at the previously noted address, for a fifty dollar ($50.00) non-refundable fee.

ALL BIDS MUST BE SUBMITTED IN DUPLICATE (one marked “ORIGINAL” and one copy) by the date and time provided above on the standard bid forms provided, and in the manner designated in the bid documents and required by the specifications. All bids must be enclosed in a sealed envelope bearing the name and address of the bidder, with the words “Bid for CONTRACT #2630 – INTERCEPTOR SEWER CLEANING & INSPECTION

SERVICES” placed on the outside of the envelope in the lower left-hand corner. Bids shall be addressed to the

Purchasing Agent, Rahway Valley Sewerage Authority, 1050 East Hazelwood Avenue, Rahway, NJ 07065. When required by the bid document (see: Exhibit B: Bidder’s Checklist), bids must be accompanied by a bid guarantee in the form of certified check, cashier’s check, or bid bond drawn to the order of the Authority, for no less than ten percent (10%) of the amount bid, but not in excess of Twenty Thousand Dollars ($20,000), except as otherwise provided by N.J.S.A. 40A:11-21.

The specifications contain a complete set of bidding and Contract forms. THESE ARE FOR THE CONVENIENCE

OF BIDDERS AND ARE NOT TO BE DETACHED FROM THE SPECIFICATIONS. ALL BIDDERS MUST

SUBMIT TWO (2) COMPLETE SETS OF THIS DOCUMENT, WITH ALL PAGES INCLUDED. All spaces on the forms to be completed by the bidder must be completed. If a space or the answer to a question is not applicable, the bidder must indicate such with the notation “Not Applicable”, and must note the same on the Bidders Checklist. The

Authority reserves the right to reject any bid for failure to provide any information requested or to indicate “Not Applicable”.

Any questions or clarifications regarding these bid documents shall be directed to the Purchasing Agent via email at purchasing@rahwayvalleysa.com. The Authority may, but shall not be obligated to, respond to such questions. Responses will be distributed by the Authority to all prospective Bidders via an addendum to this bid.

Notices of revisions or addenda to the bid documents or advertisements shall be provided in accordance with N.J.S.A.

40A:11-23 no later than seven (7) business days, Saturdays, Sundays and holidays excepted, prior to the date for accepting bids. All bids must be accompanied by an Acknowledgement Form acknowledging the Bidder’s receipt of any such notice of revisions or addenda to the advertisement or bid documents.

The Authority reserves the right to reject any or all bids pursuant to N.J.S.A. 40A:11-13.2, if deemed to be in the interest of the Authority to do so, to waive any informalities in the bids received, except those informalities which violate any legal requirements, and to accept the lowest responsible bid.

Any prospective bidder who wishes to challenge a bid specification or any aspect of the bidding process shall file such challenges in writing with the Authority no less than three (3) business days prior to date specified in this notice for the opening of the bids. Challenges filed after that time shall be considered void and having no impact on the Authority or the award of a contract.

No bid may be withdrawn after sixty (60) days of the date specified for the opening of bids except as provided for in N.J.S.A.

40A:11-24. Bidders are required to comply with the requirements of N.J.S.A. 10:5-31 et seq. (L. 1975, c. 127).

Bidders are required to comply with the requirements of the Law Against Discrimination in public contracts as set forth in

N.J.S.A. 10:5-31 et seq.

Bidders are advised that they must familiarize themselves with the current version of the Code of Ethics of the Rahway

Valley Sewerage Authority, and the successful bidder shall be bound by such Code of Ethics.

Andrea DeCarlo, QPA

Purchasing Agent

BID SPECIFICATIONS for: CONTRACT #2630 – INTERCEPTOR SEWER CLEANING &

INSPECTION SERVICES

The specifications set forth in Exhibit A are intended to provide bidders with the necessary information to bid.

BY SUBMITTING A BID, A BIDDER INDICATES ITS KNOWLEDGE OF AND AGREEMENT TO

COMPLY FULLY WITH THE REQUIREMENTS OF ALL BID AND CONTRACT DOCUMENTS.

DEFINITIONS

Commonly accepted place names, contractual terms, references, abbreviations, units, standards shall apply unless otherwise defined. If not clear to Bidders, make written inquiry to Purchasing Agent, for receipt by the Purchasing

Agent not less than ten (10) calendar days prior to the Scheduled Date for the Opening of Bids.

A. “Authority” or “Owner” means the Rahway Valley Sewerage Authority, or any of its members or officers duly authorized to act in the execution of the Work covered by this contract.

B. “Bidder” means the person, firm, partnership, corporation, limited liability company or other business entity submitting a bid for furnishing and delivering the services and/or materials described herein to or on behalf of the

Authority.

C. “Bid Documents” means the Notice to Bidders, Specifications, Information For Bidders, and related documents.

D. “Contractor” means the person, firm, partnership, corporation, limited liability company or other business entity contracting for furnishing and delivering the materials as covered by the Bid Documents.

E. “Contract Documents” means the Contract and related documents, including the Bid Documents which the lowest responsible Bidder will enter into with the Authority if the Authority accepts the Bid submitted by the lowest responsible Bidder.

F. “Plant” means the Authority’s offices and facility located at 1050 East Hazelwood Avenue, Rahway, New Jersey.

G. “Work” means the provision of the goods to be provided to the Authority by the Contractor pursuant to the bid submitted by the Bidder and accepted by the Authority.

SERVICES

The Contractor shall supply the services described in these Contract Documents including but not limited to the

Specifications and/or Contract Drawings attached as Exhibit A.

ESTIMATED QUANTITIES

When the Authority has listed estimated quantities as part of a Bid Proposal, usually as part of a Unit Price

Proposal, the Authority has endeavored to estimate approximate amounts, where applicable, to cover its requirements; however, it is usually expected that the amount of work for which final payment shall be made will be different from those quantities submitted for bidding. In case either a greater or lesser quantity of the various amounts or items given as estimates for bidding is required to finally complete the Work, whether they be substantial differences or not, Contractor agrees to make no claim for the variation but shall accept final payment on the actual amount of the Work performed at his (its) unit price bid.

U.S. GOODS

Only manufactured and farm products of the United States, wherever available, shall be used by the Contractor.

CASH ALLOWANCES

Within individual sections of the bid, there may be space for insertion of the amount of cash allowances reflecting the purchase of certain material. In the event that any substitutions or changes are made by the Authority in connection with such material, such cash allowance amounts shall be utilized and shall apply to the particular section for which the substitution is provided.

FORM OF BID

A. All bids shall be submitted on the form attached hereto as Exhibit C. Each bid shall separately specify the price for which the Bidder will fulfill all of the terms and conditions of the Contract Documents.

B. Bids must strictly conform to the New Jersey Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) and this Notice to Bidders. Among other things, each bid must be enclosed in a sealed envelope, addressed to the Authority, bear on the outside of the envelope the name and address of the Bidder and must be delivered or mailed so as to be received at the place and time required prior to the opening time set in the advertisement. BIDS RECEIVED AFTER THE TIME SET FORTH IN THE ADVERTISEMENT, OR

BIDS RECEIVED IN UNSEALED ENVELOPES OR BIDS WITHOUT THE BIDDER’S NAME ON

THE OUTSIDE OF THE ENVELOPE SHALL NOT BE CONSIDERED.

C. Any conditions, limitations, provisos, amendments, supplements or other changes attached or added by the bidder to any of the provisions of these Bid and Contract Documents, including any such changes rendered to the Bid Forms, shall result in the rejection of the Bid by the Authority.

BID GUARANTEE

When required by the bid document (see: Exhibit B: Bidder’s Checklist), each bid shall be accompanied by a bid guarantee in the amount of ten percent (10%) of the total Contract price, not to exceed Twenty Thousand

($20,000.00) Dollars, (“Bid Security”) except as otherwise provided by N.J.S.A. 40A:11-21. The bid guarantee shall be payable to the Authority so that if the contract is awarded to the bidder, the bidder will enter into a contract and will furnish a performance bond or any other security as may be required herein as a guarantee or indemnification under the terms and in the amounts required herein. The bid guarantee may be paid by certified check, cashier’s check or bid bond, at the Bidder’s option. If the Bidder elects to submit a bid bond, such bond should be in the form attached hereto as Exhibit D, and shall be issued by an approved surety company authorized by the State of New Jersey to issue such bonds. Pursuant to N.J.S.A. 40A:11-23.2, the failure to submit this item shall be deemed a fatal defect that shall render the bid proposal unresponsive and that cannot be cured by the governing body.

ERRORS IN BIDS

In the event there is a discrepancy between any unit prices and their extended totals, the unit prices shall govern.

If there is a discrepancy between the correct sum of the extended totals and the total bid submitted, the correct sum shall govern. Amounts written in words shall govern over the amounts given in numerals. The Authority reserves the right to reject any bid whose mathematical errors and/or inconsistencies are determined by the

Authority to render the bid price unknowable, conditional, undeterminable or subject to interpretation.

MATERIAL TO BE BID IN PLACE

Unless otherwise specified, the price bid for each of the items shall be for the material in place.

AWARD OF THE CONTRACT

A. The Authority shall promptly give official Notice of Award of the Contract to the lowest responsible

(successful) Bidder in the form attached as Exhibit U. Should the successful Bidder fail to execute and return the Contract to the Authority, along with the required Certificates of Insurance, within a period of ten (10) days from the date of receipt of said Notice, then the Authority shall, at its option, have the right to deem the Contract abandoned. The Authority shall then have the right to award the Contract to the next lowest responsible bidder or to re-advertise for bids, whichever shall be determined to be in the best interest of the Authority. In either situation, the bid guarantee of the original successful Bidder shall be deemed forfeited and shall be retained by the Authority as liquidated damages. The original successful

Bidder, in such event, shall be liable to the Authority for any damages in excess of the bid guarantee sustained by the Authority as a consequence of that Bidder’s failure to enter into the Contract, including but without limitation, all loss from delay and interference with the Authority’s project and the difference between the amount of the successful Bidder’s Bid and the amount for which the Authority may contract with another Bidder to perform the work covered by said bid, if the latter is in excess of the former.

B. The Authority shall award the Contract, or reject all bids, within sixty (60) days after they are opened, except that the bids of any bidders, who consent thereto may, at the request of the Authority, are held for consideration for such longer period as may be agreed. Within ten (10) days after the bids are opened, Saturdays, Sundays and holidays excepted, all bid security, excluding that of the three (3) lowest Bidders shall be returned, unless otherwise requested by the Bidder, and the bids of such bidders shall be considered as withdrawn. Within three (3) days after the awarding and signing of the Contract and the approval of the Contractor’s performance bond, Saturdays, Sundays and Holidays excepted, the bid security of the remaining unsuccessful Bidders shall be returned to them. Within three (3) days after the sixty (60) days of the date that bids are opened, Saturdays, Sundays and holidays excepted, and provided that the bid has not been awarded, the bid security of the three apparent lowest bidders shall also be returned, except as otherwise set forth in this paragraph.

C. If no award has been made within sixty (60) days of the date of the bid opening, then, upon demand of any Bidder, the Authority shall return the Bidder’s bid Security; provided, however, that the Bidder making such demand has not been notified of the acceptance of its bid or has not previously had its bid security returned or has not agreed, at the request of the Authority, to keep its bid open for a period of time beyond sixty (60) days.

D. The Authority may consider informal and non-responsive any bid not prepared and submitted in accordance with the provisions of the Contract Documents.

E. Any bid may be withdrawn prior to the scheduled time for the opening of the bids, but may not be withdrawn within sixty (60) days after the bids. Any bid received after the time specified in the Notice to

Bidders shall not be considered.

CONTRACT TERM

The period of this contract will be as stipulated in Exhibit A, and may include extensions as permitted by law, upon mutual agreement between the Authority and the Contractor(s) and subject to the availability of funds. Prior to the contract expiration date, any extension contract must be awarded by resolution of the governing body upon finding that services are being performed in an effective and efficient manner. The contract term may be extended by one two-year, or two one-year, extensions, and cannot exceed a total of five consecutive years except as otherwise provided by law.

The pricing submitted with this bid is valid throughout the term of the contract, and any changes in price pursuant to extensions of the original term of this agreement shall be made in accordance with N.J.S.A. 40A:11-15.

CONSENT OF SURETY

In addition to the Bid Security, each bid must be accompanied by one (1) or more consent of surety statements, in a form similar to the Certificate attached as Exhibit E, of one (1) or more surety companies authorized by the

State of New Jersey Department of Banking and Insurance to issue Bonds in the State of New Jersey and acceptable to the Authority, unconditionally agreeing, in the event the Bidder is awarded the Contract, to furnish a performance bond(s) pursuant to N.J.S.A. 2A:44-143 (Performance Bond). In the event the surety company or companies choose(s) to furnish its (their) own form of Certificate, the substituted form must be substantially in compliance with the form provided herein and with all relevant local, state, and federal laws in order for the

Authority to consider the bid. The bidder may choose to have one surety company furnish the performance bond(s) and maintenance bond or to have different companies furnish the performance bond(s) and/or maintenance bond. If the latter situation exists, separate statements of surety, one from each company referring to the particular bond(s) to be provided by said company must be furnished with the bid. Each consent of surety shall be accompanied by the appropriate certified copy of a power of attorney or certificate of authority where the consent is executed by surety’s agent, officer or other representative and the certified financial statement of the surety.

Pursuant to N.J.S.A. 40A:11-23.2, when required by the bid plans and specifications, the failure to submit this

Certificate of Surety shall be deemed a fatal defect that shall render the bid proposal unresponsive and that cannot be cured by the governing body.

PERFORMANCE SECURITY (WHERE APPLICABLE)

Within ten (10) days after receipt of the Notice of Award or simultaneously with the delivery of the executed

Contract, whichever is later, Contractor shall furnish a surety bond of face value equal to one hundred percent

(100%) of the Contract price at its expense as security for faithful performance of the Contract, and for the payment of all persons performing labor on the project under the Contract and furnishing materials in connection therewith, all as specified in the Contract Documents. The Performance Bond shall be in the form identical to or substantially similar, as determined by the Authority, to that annexed as Exhibit F. The surety on such bond shall be duly authorized by the State of New Jersey Department of Banking and Insurance to issue Bonds in the State of New Jersey and satisfactory to the Authority, except as otherwise provided by N.J.S.A. 40A:11-22 and except as modified by the Authority by separate resolution. If the surety is an individual, he/she must comply with

Authority Resolution #93-51 previously adopted regarding sureties, which is attached as Exhibit V. If the

Contractor is a partnership, the bond is to be signed by each of the individual partners; if a corporation, the bond is to be signed in the correct corporate name by a duly authorized officer, agent or attorney-in-fact. There shall be executed an appropriate number of counterparts of the bond corresponding to the number of counterparts of the Contract. Each executed bond shall include:

A. An appropriate acknowledgment of the respective parties;

B. An appropriate certified copy of a power of attorney or certificate of authority when the bond(s) is (are) executed by surety’s agent, officer or other representative.

C. A certified extract from the by-laws or resolution of the surety under which power of attorney or other certificate of authority of agent, officer or representative was issued.

D. A Surety Disclosure Statement and Certification.

NOTE: When a Performance Bond is required, for any and all contracts that have a duration of more than one year, the performance bond, if applicable, shall be for the amount of the first year of the contract and shall remain in full force and effect for one year after payment for that year. The performance bond shall be renewed annually and in the amount of the subsequent years’ contract, for the duration of the contract. The final bond shall be in full force and effect for one year after the final payment.

RELEASE OF PERFORMANCE SECURITY (WHERE APPLICABLE)

The performance bonds provided to the Authority shall not be released until final acceptance by the Authority of all services to be provided by the Contractor, and then only if all liens or claims have been satisfied and approved by the Authority and duly issued by the surety or sureties.

MAINTENANCE BOND (WHERE APPLICABLE)

A maintenance bond shall be provided prior to Final Payment and release of the performance bond, from a surety company acceptable to the Authority and approved by it as to form and execution for the faithful performance of all guarantees and warranties. Such bond shall be for a period of one year from the date of Final Payment, in an amount equal to one hundred percent (100%) of the project costs, and shall guarantee and warranty the stability of all materials, equipment and work performed, guarantee and warranty that Contractor or surety shall promptly make good and/or correct all poor or inferior materials, equipment and work, and guarantee and warranty that

Contractor or surety shall promptly remedy all defects in materials, equipment or workmanship, all shrinkage, settlement, or other faults of any kind whatsoever arising therefrom, at Contractor’s and/or surety’s own expense, when notified in writing to do so by the Authority, and to the satisfaction of the Authority.

QUALIFICATIONS OF BIDDERS

The Authority may make such investigation as it deems necessary to determine the ability of the Bidder(s) to carry out the obligations of the Contract. The Bidder(s) shall furnish to the Authority all such information and data for this purpose as the Authority may request. Bidder shall complete and submit with its bid the Statement of Qualifications attached as Exhibit O. The Authority reserves the right to reject any bid if the evidence submitted by a Bidder or received by the Authority during an investigation of any Bidder, fails to satisfy the

Authority that such Bidder is properly qualified and responsible to timely carry out the obligations of the Contract

Documents. Such disqualifying evidence may include, but is not limited to evidence that the Bidder has previously failed to properly perform any contract or has misrepresented factual information contained in these or other bid documents submitted to the Authority.

More specifically, pursuant to N.J.S.A. 40A:11-4, the Authority may disqualify a bidder who would otherwise be determined to be the lowest responsible bidder, if it finds that it has had prior negative experience with the bidder.

As used in this section, “prior negative experience” means any of the following:

A. The bidder, under a previous Contract with the Authority, has been found, through either court adjudication, arbitration, mediation, or other contractually stipulated alternate dispute resolution mechanism, to have: failed to provide or perform goods or services; or failed to complete the Contract in a timely manner; or otherwise performed unsatisfactorily; or

B. The bidder defaulted on a prior Contract, thereby requiring the Authority to utilize the services of another

Contractor to provide the goods or perform the services or to correct or complete the contract; or

C. The bidder defaulted on a Contract, thereby requiring the Authority to look to the bidder’s surety for completion of the Contract or tender of the costs of completion; or

D. The bidder is debarred or suspended from contracting with any of the agencies or departments of the executive branch of the State of New Jersey at the time of the Contract award, whether or not the action was based on experience with the Authority.

EQUAL BIDS

When two (2) or more bids are equal in all respects, awards shall be made by a “coin toss” which shall be witnessed by at least three (3) persons and which may be attended by the Bidders or their representatives.

BIDDER’S EXECUTION OF CONTRACT

The individual, firm, corporation or other entity to which the Contract is awarded shall execute and return to the

Purchasing Agent of the Authority, the executed Contract, performance bond, insurance certificates and all other required documents within ten (10) days of the successful Bidder’s receipt of the Notice of Award and the

Contract.

AWARD NOT BINDING PRIOR TO CONTRACT EXECUTION AND DOCUMENT APPROVAL

No Award of Contract shall be binding upon the Authority unless and until the Contract has been fully executed and the insurance certificates, surety bonds and any other required documents have been submitted to and approved by the Authority.

FORM OF CONTRACT

After the award, the Authority shall require the Contractor to execute the Contract substantially in the form attached as Exhibit H.

TIME OF THE ESSENCE

A. Time for delivery of the goods shall be of the Essence in accordance with the Contract Documents. All deadlines shall be due at 3:00 p.m. on the date indicated, unless otherwise stipulated in Exhibit A.

B. Contractor shall deliver the goods as specified in Exhibit A in the Contract Documents.

C. In the event that the Authority directs the Contractor to delay delivery of the goods, the time requirements for completion shall commence running from the delayed date. If Contractor is permitted to deliver the goods after the required period of completion set forth above, the Authority shall have full authority to and may deduct, retain and/or charge as liquidated damages the sum of Five Hundred Dollars ($500.00) or as otherwise set forth in the specifications for each calendar day thereafter that the Contract remains uncompleted. Contractor, by entry into the Contract, acknowledges that this sum is not a penalty but reflects the parties’ agreement that the actual damages are difficult to ascertain and calculate. In addition to the foregoing, there shall be deducted, where applicable, from the Contract Price and retained by the

Authority 1) an amount to cover the wages and overhead paid by the Authority to any inspector or inspectors and/or engineers, or their designees and/or employees or agents, necessarily employed on the

Work for any number of days in excess of the completion time above mentioned and 2) an amount to cover any and all legal fees and costs incurred by the Authority to effectuate the additional time required.

D. Should the Contractor fail to perform adequately, the Authority reserves the right to enter into a contract with another Contractor for purchase of the goods and the Contractor agrees to pay the difference between the amount paid for same and the amount calculated at the Contract prices. If the Authority purchases the alternate materials below its Contract price, the Contractor shall have no claim for a refund.

INTENT OF CONTRACT DOCUMENTS

The intent of the Contract Documents is to have the Contractor fully carry out all Contract requirements in a timely, first-class, workmanlike manner. It shall be understood that each Bidder has satisfied itself as to the complete requirements of the Contract Documents and has predicated its bid upon such understanding.

REJECTION OF INDIVIDUAL BIDS

A. Multiple Bids Not Allowed – More than one Bid from an individual, firm, partnership, corporation, limited liability company, limited liability partnership, association or other entity under the same or different names shall not be considered.

B. Unbalanced Bids – Bids which are obviously unbalanced may be rejected at the option of the Authority.

C. Right to Waive Informalities Reserved – Consistent with the Local Public Contracts Law, the Authority expressly reserves the right to waive any informality or error in any Bid, and after considering all relevant factors, to accept the Bid which in the Authority's judgment serves its best interests. However, in no event shall any material defect constituting substantial noncompliance with the bid documents and requirements be deemed a waivable informality. All such non-waivable, material defects shall result in rejection of the bid.

D. Bidder Deemed Not Lowest Responsible Bidder – The Bid will be rejected for any bidder who, based upon the sound business judgment of the Authority, is deemed not to be a responsible bidder due to that bidder’s financial capacity, moral integrity, experience, availability of facilities, or for any other lawful basis upon which the Authority determines that it is not in the public interest to accept such bidder’s bid, including the reasons set forth in the section of these bid documents entitled Qualifications of Bidders.

REJECTION OF ALL BIDS

Pursuant to N.J.S.A. 40A:11-13.2 and New Jersey law generally, the Authority may reject all bids for any of the following reasons:

A. The lowest bid substantially exceeds the cost estimates for the goods or services;

B. The lowest bid substantially exceeds the Authority's appropriation for the goods or services;

C. The Authority decides to abandon the project for provision or performance of the goods and/or performance of the services;

D. The Authority wants to substantially revise the specifications for the goods and/or services;

E. The purposes or provisions or both of P.L. 1971, c. 198 (C.40A:11-1 et seq.) are being violated;

F. The Authority decides to use the State authorized Contract pursuant to section 12 of P.L. 1971, c. 198

(C.40A:11- 12); or

G. Any other reason permitted under New Jersey law.

INSURANCE

A. Certificates of Insurance

One (1) copy of the Certificate(s) of Insurance evidencing the required coverages as set forth in the

Contract Documents and naming the Authority as an additional insured must be submitted to the Authority no later than ten (10) days after the date the Contractor receives Notice of Award. In addition, Contractor shall submit from the insurance company’s endorsement(s) evidencing the existence of such insurances and the designation of the Authority as an additional insured no later than the date that the Contractor executes the Contract. If specific insurance is required or not required, such will be indicated below in brackets after the heading description relative to the specific insurance. If there is no indication in the heading relative to a specific insurance as to whether it is required or not required, then the insurance shall be presumed to be required.

The Certificate(s) of Insurance shall contain the following information:

1. Name and address of the insured.

2. Policy number and type or types of insurance in force thereunder on the date borne on such

Certificates.

3. Expiration date of the policy and the limit or limits of liability thereunder on the date borne by such Certificates.

4. In the event of cancellation of or failure to renew any such insurance coverage, the Contractor or the insurance carrier shall provide at least thirty (30) days prior written notice to the Authority at the Authority's office, 1050 East Hazelwood Avenue, Rahway, New Jersey. The Contractor shall provide evidence of replacement insurance at least ten (10) days before the termination of the initial coverage. The Contractor shall provide copies of policy renewals that occur at any time prior to the final completion of the Contract. Failure to provide evidence of replacement coverage within the above time frame shall be grounds for the Authority to declare a default under the

Contract Documents, and entitle the Authority to all remedies allowed by the Contract Documents and at law or equity. All required Certificate(s) of Insurance shall remain in full force and effect during the entire Contract period. Upon request of the Authority the Contractor shall provide evidence that the insurance premiums required by the Contract Documents are fully paid for a period of at least one (1) year from the date of the Contract.

B. No Certificates or Endorsements

The Contractor shall not commence Work until it has obtained and submitted all required insurance certificates and endorsements and such insurance certificates and endorsements have been approved by the Authority. Nor shall the Contractor allow any subcontractor to commence Work under any subcontract until all similar insurance required of the subcontractor has been so obtained and the certificates and endorsements have been approved by the Authority.

C. Workers' Compensation Insurance

The Contractor shall secure and maintain during the life of the Contract, Workers’ Compensation

Insurance an amount of $1,000,000 per occurrence for all of its employees at the site of the project.

D. Liability and Property Damage Insurance

The Contractor shall secure and maintain in full force and effect during the life of the Contract such

Liability and Property Damage Insurance and any other insurance as may be required herein as shall protect and/or the Authority performing work covered by these Contract Documents from claims for damages for personal injury including accidental death, as well as from claims for property damage which may arise from its performance of the Contract, or that by any subcontractor, or anyone directly or indirectly employed by either of them. On all such policies, the Authority shall be named as an additional insured, there shall be a waiver of subrogation as against the Authority and the Contractor’s insurance shall be primary and non-contributory. The amounts of such insurance shall be as follows:

1. Liability Insurance in an amount not less than $3,000,000 per occurrence/accident for injuries including death to any one (1) person and subject to the same limit for each person;

2. Property Damage Insurance in an amount not less than $3,000,000 per two (2) occurrence/accident for damages on account of any one (1) accident and for damages on account of all accidents; or

3. In the aggregate, Liability and Property Damage Insurance in an amount not less than $3,000,000 for damages on account of any one (1) accident and for damages on account of all accidents.

E. Automobile Insurance

A rider or endorsement to the Liability and/or Property Damage Insurance policy(ies) or by separate policy of insurance shall be furnished by the Contractor for automobiles and trucks to be utilized by the

Contractor in the performance of this Contract with limits the same as required under Public Liability and

Property Damage Insurance.

F. Pollution Insurance

If the Contract concerns an environmentally hazardous condition and/or a condition which requires such insurance, then the Contractor shall carry the appropriate insurance subject to all conditions set forth in this Section, to guard against such damage. The Contractor shall present the evidence of such insurance to the Authority along with other proofs of insurance at the time of Contract award.

G. Insurance on Materials

Notwithstanding anything herein to the contrary, if the materials have been delivered to the Project and even if the Authority has already paid for such materials, Contractor shall continue to maintain insurance on all such materials until such time as the Work has been completed.

BIDDERS REFERRED TO LAWS

A. The attention of Bidders is directed to the provisions of Federal, State, County and Municipal laws, statutes, codes, ordinances and regulations that apply to the submission of bids and performance of public contracts, particularly with regard to safety regulations of the State of New Jersey, and all are deemed to be included as though herein written. Particular note is to be taken also of those provisions affecting the

Contractor or its employees in the execution of the Work or its relation to any political subdivision or person, together with the provisions of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., the

Prevailing Wage Act, N.J.S.A. 34:11-56.25 et seq., and the Public Work Contractor Registration Act, N.J.S.A. 34:11-56.48 et seq., and all regulations promulgated in relation thereto. All pertinent laws, statutes, codes, ordinances, rules, regulations, orders and decrees shall be obeyed and satisfied. The

Contractor shall indemnify, defend and save harmless the Authority and all of its Commissioners, officers, employees, representatives and agents against any claim or liability arising from or based on the violation by itself or its employees of any such laws, statutes, codes, ordinances, rules, regulations, orders or decrees.

B. In connection with the Prevailing Wage Act, every Contract entered into by the Authority in excess of

$2,000.00 for any public work shall be deemed to contain a provision stating that workers employed in the performance of the Contract shall not be paid less than the prevailing wage rate. The Contract shall also be deemed to contain a provision that in the event it is found that any worker, employed by the successful bidder, or any subcontractor, covered by the Contract, has been paid a rate of wages less than the prevailing wage, the Authority may terminate the successful Bidder's or subcontractor’s right to proceed with the work, or such part of the work as to which it has been made aware of a failure to pay required wages and the Authority shall report such failure to the State of New Jersey Department of Labor.

In such event, the successful Bidder and its sureties shall be liable to the Authority for any excess costs

(including attorneys’ fees) occasioned thereby. NOT APPLICABLE

C. In connection with the Public Works Contractor Registration Act, N.J.S.A. 34:11-56.48 et seq., no

Contractor shall bid on or engage in any contract for public work as defined by N.J.S.A. 34:11-56.26 unless the Contractor is registered pursuant to this Act. When applicable, the bidder is hereby referred to this law and required to comply with its provisions. If the Act is applicable, the Contractor may be required by the Authority to provide a Certificate of Registration from the New Jersey Department of Labor prior to any award of the contract. NOT APPLICABLE

D. The Contractor shall make application and obtain approval of all Work shown in the Contract Documents from all authorities having applicable jurisdiction.

PUBLIC WORKS CONTRACTOR REGISTRATION ACT -- NOT APPLICABLE

A. Pursuant to N.J.S.A. 34:11-56.48 et seq. (under this paragraph, the "Act"), it is a violation of New Jersey law for any Contractor to: 1) submit a bid on a Public Works Contract without having first been registered under the Public Works Contractor Registration Act; 2) submit a Bid including the names of proposed subcontractors who are not registered pursuant to the Act; or 3) engage in public work pursuant to the

Contract as a Contractor or subcontractor, including subcontractors not listed on the Bid, without first being registered pursuant to the Act.

B. If applicable, every Contractor bidding on this Contract must provide with its Bid a copy of its Certificate of Registration pursuant to the Act along with a copy of the Certificates of Registration for all proposed subcontractors listed in its Bid.

SUBSTITUTIONS

A. Any substitutions for any articles, devices, products, materials, fixtures, forms or types of construction, manufacturers, testing laboratories, suppliers, etc., which are set out by name, make or catalog number in the specifications shall be interpreted as establishing a standard of quality and shall not be construed as limiting competition. The standard of quality may be in addition to the requirements set forth in the specifications, e.g., referenced to “or equal” will include a certain safety rating established by the

Authority. Contractor may, at his (its) option, use any article, device, product, material, fixture, form or type of construction, supplier, manufacturer and/or testing laboratory which in the judgment of the

Authority, expressed in writing, is equivalent. The Authority shall give consideration only prior to submission of bids to requests by any proposed bidders for approval of products and materials as being equivalent to those provided specifically in the specifications by proprietary name or reference to “or equal”. To be considered and in order to facilitate the Authority's review of such requests, they must be made in writing at least ten (10) days prior to the date for receipt of the bids and shall be in the form attached as Exhibit L. The requirement to propose substitutions prior to receipt of the bids shall not include changes resulting from the shop drawings prepared.

B. If the request has been submitted in compliance with the stated requirements and if the Authority decides the proposed product, material, manufacturer, supplier or testing laboratory is of equivalent value to the one or more named in the specifications and is suitable in every respect for use in the Project, the Authority shall approve it in an addendum or revision which shall be sent to all parties who have received complete sets of the Contract Documents and evidence of such addendum shall be published in a legal newspaper no later than seven (7) days, Saturdays, Sundays and holidays excepted, prior to the date for acceptance of bid. Prior approval is available only on those products specified by proprietary name.

C. In the event that a bidder fails to make a request for substitution prior to bid submission, and such bidder shall be awarded the Contract, then and in that event, Contractor shall not be permitted to request any substitution except in the event that the original product, etc. is unavailable or for such other reason which in the opinion of the Authority constitutes special and/or emergency grounds for permitting substitution.

In such event, Contractor shall also advise the Authority of the amount of any credit due to it. If the

Authority should determine that a proposed substitution submitted during construction by Contractor is not necessitated because of special and/or emergency circumstances and/or of equivalent value and/or suitable in every respect for use in the Project, then Contractor shall be obligated to utilize the product, material, etc. named in the specifications without additional charge to the Authority. The Authority's determination shall be final and binding.

D. Redesign costs occasioned by Contractor's substitution after the Contract is executed, even though approved by the Authority, shall be at Contractor's expense. All costs incurred by the Authority in reviewing any changes occasioned by any such substitution after the Contract is executed, shall similarly be at Contractor's expense, as well as all additional costs incurred either directly or indirectly because of such substitution.

AFFIDAVIT OF NON-COLLUSION

Each Bidder shall be required to submit an executed Affidavit of Non-Collusion with its bid in the form attached as Exhibit M.

PERSONAL LIABILITY

In carrying out the provisions of the Contract documents or in exercising any power or authority granted them by their position, there shall be no liability pursued against the members of the Authority, or any of its

Commissioners, officers, employees, authorized representatives, consultants or agents. The Contractor and its subcontractors knowingly waive any right to sue such individuals for doing same and shall indemnify and hold them harmless unless any damage is caused by or resulting from any such party’s sole negligence. The Contractor by and through the act of submitting its bid hereby expressly acknowledges, agrees with and accepts the terms of this paragraph. The subcontractor shall affirm its acceptance of the terms of this paragraph by executing the

Subcontractor Recognition Form.

TIME SCHEDULE

A. It is the purpose of the Authority to complete performance of the Contract in the shortest time consistent with the time frame and/or schedule issued by the Authority. The Contractor is reminded that Time is of the Essence.

B. The Contractor shall commence the Work at such locations as the Authority may direct and conform to the Authority’s directions as to the order in which the different parts of the Work shall be done. The

Contractor shall comply with all the Authority’s instructions as to workmanship, character of Work and quality of materials, so as to accomplish the object of the Contract in strict accordance with all of the terms of the Contract Documents, and in the time specified. These requirements are not intended to affect or control the Contractor's method and manner of performing the Work in all its details but are intended to hold the Contractor strictly responsible for the final results.

FORCE MAJEURE

Contractor shall not be responsible for delays in the performance of its obligations hereunder caused by (i) governmental preemption in connection with a national emergency; (ii) reason of any rule, order or regulation of any governmental department, governmental agency, judgments or orders of any Federal or State Courts; and (iii) when, in the Authority’s sole but reasonable judgment, temporary interruption of such services is necessary by reason of accident, acts of God, fire, earthquake, floods, explosion, war, hostilities, invasion, insurrection, terrorism, matters of homeland security, riot, mob violence, sabotage, strikes, lockouts, action of labor unions or labor strikes (except any strikes involving Contractor’s personnel), orders of civil, military or naval authorities, or any other cause, similar to any of the foregoing. Any time limitations required to be complied with by

Contractor specifically made subject to Force Majeure shall be automatically extended by the number of days that performance by a party subject to such time limitations may be delayed due to Force Majeure. It is specifically understood that, without limitation, none of the following acts, events or circumstances shall constitute an act or occurrence beyond the Contractor’s reasonable control: (a) reasonably anticipated weather conditions normal for the New York Metropolitan Area or (b) any failure to pay any sums in accordance with the terms of the Contract.

Whenever the provisions of this Paragraph are believed to apply, the Contractor shall give prompt notice to the

Authority of the circumstances, the basis for the applicability of this Paragraph and the time required to cure such delay and Contractor shall use reasonable best efforts to agree on appropriate mitigating actions under the circumstances. The terms of this Force Majeure provision shall apply to the Authority wherever references to the

Contractor are contained, except the Contractor shall not serve as the judge as referred to in subsection (iii) and if the Parties cannot agree, then and in that event, it will be determined by the Superior Court of New Jersey.

COMPLIANCE WITH ANTI-DISCRIMINATION LAWS

The Contractor and its subcontractors shall comply in all respects with all requirements of MANDATORY

EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127) and

N.J.A.C. 17:27 et seq. Bidders must submit with their initial bid the Affirmative Action Questionnaire attached as Exhibit N.

GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS

During the performance of this contract, the contractor agrees as follows:

A. 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,…