REQUEST FOR QUOTE (RFQ) NON-FAIR AND OPEN PROCESS SPECIFICATIONS

Transcription

1 WASHINGTON TOWNSHIP MUNICIPAL UTILITIES AUTHORITY WASTEWATER TREATMENT PUBLIC WATER SUPPLY 46 E. Mill Road, Long Valley, NJ Phone: (908) Fax: (908) Web: NON-FAIR AND OPEN PROCESS SPECIFICATIONS CONTRACT C LABORATORY ANALYSIS OF DRINKING WATER AND WASTEWATER SAMPLES March 28, 2019 QUOTES SHALL BE RETURNED on or before April 11, 2019 WTMUA Contract C Page 1 of 48

2 WASHINGTON TOWNSHIP MUNICIPAL UTILITIES AUTHORITY 46 EAST MILL ROAD, LONG VALLEY, NJ INVITATION FOR A REQUEST FOR QUOTES (RFQ) NOTICE IS HEREBY GIVEN, the Washington Township Municipal Utilities Authority is soliciting quotes through a Non-Fair and Open process in accordance with N.J.S.A. 19:44A-20.4 et seq. and will receive sealed Quotes on April 11, 2019 at 10:00 AM, at the Authority's Administrative Office, 46 E. Mill Road, Long Valley, New Jersey for its LABORATORY ANALYSIS OF DRINKING WATER AND WASTEWATER SAMPLES - CONTRACT At this time and place all Quotes will be opened and read in public. All respondents are required to comply with all requirements set forth in the RFQ Documents. Quote Documents shall include all documents included in the RFQ package including those documents defined in the Contract as the Contract Documents. Quotes not meeting these requirements may be considered nonresponsive. Quote forms and copies of the RFQ Documents including Specifications may be obtained at the Administrative Office of the Washington Township Municipal Utilities Authority, 46 E. Mill Road, Long Valley, New Jersey during regular business hours from 8 am to 4 pm Monday through Friday. RFQ Documents may be obtained by mail, or in person. The charge for a hard copy of the RFQ Document is $25.00 per set (non-refundable). The RFQ Documents may be examined at the same location. The Washington Township Municipal Utilities Authority reserves the right to accept or reject any and all Quotes or to waive informalities therein which, in its judgment, serves the best interest of the Washington Township Municipal Utilities Authority. No respondent may withdraw their Quote during the period beginning upon Quote opening date and ending sixty (60) calendar days. Nothing herein prevents a respondent from requesting of the Authority from allowing a Quote withdrawal pursuant to N.J.S.A. 40A: Respondents are required to comply with the requirements of N.J.S.A. 10:5-31et seq. and N.J.A.C. 17:27-1 et seq. Date: March 28, 2019 Craig T. Spencer, Executive Director E. Jill Waller, QPA, Executive Secretary Page 2 of 48

3 INSTRUCTIONS TO RESPONDENTS CONTRACT ANNUAL CONTRACT For Laboratory Analysis for Drinking Water and Samples These Instruction To Respondents do not limit, change or reduce any and all other RFQ requirements as may be required by applicable statute, rule, regulation or the RFQ Documents that are included herein. Any items with check boxes are only applicable to this RFQ if the Required box is checked ( ). 1. RFQ FORMS a. Sealed Quotes shall be received in accordance with public advertising as required by law, with a copy of said notice (titled ) being attached hereto and made a part of these specification. b. All Quotes must be submitted on forms furnished by the Washington Township Municipal Utilities Authority, hereinafter referred to as WTMUA, Owner or Authority. c. Quotes and forms shall not be removed from the bound set of "Specifications". d. RFQ Documents shall be sealed in an envelope which shall be clearly addressed to the Authority and labeled with the words "RFQ Documents", show the project or Contract number, name and address of respondent, and date and time of the scheduled RFQ submission date. e. It is the respondent's responsibility to see that Quotes are presented to the Authority at the time and at the place designated. Quotes may be hand delivered or mailed; however, the Authority disclaims any responsibility for Quotes forwarded by regular or overnight mail. If the Quote is sent by overnight mail, the designation in section d, above, must also appear on the outside of the delivery company envelope. Quotes received after the designated time and date will be returned unopened. f. The Authority reserves the right to postpone the date for submission and opening of Quotes and will give written notice of any such postponement to each prospective respondent as required by law. g. All prices and amounts must be written in ink or preferably machine-printed. Quotes containing any conditions, omission, unexplained erasures or alterations, items not called for in the RFQ form, attachment of additive information not required by the specifications, or irregularities of any kind, may be rejected by the Authority. Any changes, whiteouts, strikeouts, etc. in the Quote must be initialed in ink by the person signing the Quote. h. Respondent should be aware of the following statutes that represent Truth in Contracting laws: N.J.S.A. 2C:21-34, et seq. governs false claims and representations by respondents. It is a serious crime for the respondent to knowingly submit a false claim and/or knowingly make material misrepresentation. N.J.S.A. 2C:27-10 provides that a person commits a crime if said person offers a benefit to a public servant for an official act performed or to be performed by a public servant, which is a violation of official duty. N.J.S.A. 2C:27-11 provides that a respondent commits a crime if said person, directly or indirectly, confers or agrees to confer any benefit not allowed by law to a public servant. Respondent should consult the statutes or legal counsel for further information. i. Each Quote form must give the full business address, business phone, fax, if available, the contact person of the respondent, and be signed by an authorized representative as follows: Quotes by partnerships or limited liability companies must be signed in the partnership or limited liability company name by one of the members of the partnership, or limited liability company, or by an authorized representative, followed by the signature and designation of the person signing. Page 3 of 48

4 Quotes by corporations must be signed in the legal name of the corporation, followed by the name of the State in which incorporated and must contain the signature and designation of the president, secretary or other person authorized to bind the corporation in the matter along with a proper attestation. Quotes by sole-proprietorship shall be signed by the proprietor. When requested, satisfactory evidence of the authority of the person signing shall be furnished. FAILURE TO SIGN AND PROVIDE ALL INFORMATION REQUIRED IN THE RFQ DOCUMENTS MAY RESULT IN THE QUOTE BEING REJECTED. 2. INTERPRETATIONS a. The respondent understands and agrees that its Quote is submitted on the basis of the specification prepared by the Authority. The respondent accepts the obligation to become familiar with these specification. b. Respondents are expected to examine the specification and related RFQ documents with care and observe all their requirements. Ambiguities, error or omissions noted by respondents should be promptly reported in writing to the Purchasing Agent. Any prospective respondent who wishes to challenge a RFQ specification shall file such challenges in writing with the Authority no less than three (3) business days prior to the opening of the Quotes. Challenges filed after that time shall be considered void and having no impact on the contracting unit or the award of a contract pursuant to statute. In the event the respondent fails to notify the Authority of such ambiguities, errors or omissions, the respondent shall be bound by the requirements of the specification and the respondent s submitted Quote. c. All requests for interpretation of the RFQ Documents shall be submitted in writing to the Purchasing Agent. In order to be given consideration, such request must be received by the Authority at least ten (10) business days prior to the date fixed for receiving Quotes. The Authority is under no obligation to respond to requests for interpretation. All requests for interpretation responded to by the Authority will be in writing and shall be mailed to all potential respondents that requested a RFQ package at the address provided. In the event that any interpretations are considered by the Authority to be a revision or addenda to the RFQ Documents then notice of all such revisions or addenda shall be provided as required by applicable law. It shall be the respondent's responsibility to make inquiry as to any interpretations, revisions or addenda issued and shall be acknowledged by the respondent in the RFQ. All such interpretations, revisions or addenda shall become a part of the RFQ document and Contract. All respondents shall be bound thereby whether known or received by the respondents. For the purpose of revisions or addenda, this contract shall be considered: a construction contract a municipal solid waste collection and disposal contract any contract not listed above d. If the amount shown in words and its equivalent figures do not agree, the written words shall be binding. Ditto marks are not considered writing or printing, and shall not be used. e. In the event that there is a discrepancy between the unit prices and the extended totals, the unit prices shall prevail. In the event there is an error of the summation of the extended totals, the computation by the Authority of the extended totals shall govern. f. The Authority has attempted to identify the item(s) and the estimated amounts of each RFQ item to cover its requirements; however, past experience shows that the amount ordered may be different than that submitted for Quote. The right is reserved to decrease or increase the quantities specified in the specifications pursuant to statute. NO MINIMUM PURCHASE IS IMPLIED OR GUARANTEED. g. If a pre-submission conference for this RFQ is requested, the date, time and location will be included in the Notice to Respondents. Attendance is not mandatory, but is strongly recommended. Failure to attend does not relieve the respondent of any obligations or requirements. h. Should any difference arise between the contracting parties as to the meaning or intent of these Instructions or RFQ Documents, the Authority s decision shall be final and conclusive. 3. EXCEPTIONS AND / OR DEVIATIONS FROM SPECIFICATIONS The Contractor MUST list all exceptions and deviations from the specifications on the sheet designated for such, at the end of the specifications section. Any variations from these specifications shall be listed in detail, citing the section to which the variation applies. Failure to list all of these variations may deem the respondent as Unresponsive, and the Quote be rejected on such grounds. Page 4 of 48

5 4. ACKNOWLEDGEMENT OF ADDENDUM Pursuant to N.J.S.A. 40A: a, the Respondent shall acknowledge receipt of the notices, revisions, or addenda to the RFQ advertisement, Specifications or RFQ Documents by certification on the Acknowledgement of Receipt of Addendum and including it with the Quote. By indicating receipt of such, the Respondent acknowledges the submitted Quote takes into account the provisions of the notice, revision, or addendum. Failure to include provisions of changes in the RFQ Quote may be subject to rejection of the Quote. Failure to submit an Acknowledgement of Addendum shall be cause for rejection of the Quote. 5. QUOTE SECURITY The following provisions, if indicated by an (x), shall be applicable to this RFQ and be made part of the RFQ Documents a. BID GUARANTY REQUIRED NOT REQUIRED All bids must be accompanied by a bid guaranty which shall not be less than ten percent (10%) of the total price bid not to exceed $20,000, payable unconditionally to the Authority. At option of the respondent the bid security may be a certified check, cashier s check, or a Bid Bond secured by a surety company. Certified check or cashier s check must be made payable to the order of the Authority. When submitting a Bid Bond, it shall contain Power of Attorney for full amount of Bid Bond from a surety company authorized to do business in the State of New Jersey and acceptable to the Authority. The bid guaranty shall insure the execution of the Contract and the furnishing of performance and payment bond or bonds by the successful respondent as required by the Bid Documents. The bid guaranty of unsuccessful respondents will be returned as prescribe by law. The check or bond of the successful respondent shall be retained until a contract is executed and the required performance bond or other security is submitted. The check or bond of the successful respondent shall be forfeited if the respondent fails to enter into a contract pursuant to statute. Failure to submit a Bid Guarantee, when required, shall be cause for rejection of the bid. b. CONSENT OF SURETY REQUIRED NOT REQUIRED Respondent shall submit with the bid a Consent of Surety Certificate with Power of Attorney for full amount of bid price from a Surety Company authorized to do business in the State of New Jersey and acceptable to the Authority stating that it will provide said respondent with a Performance Bond in the full amount of the bid. The certificate shall be obtained in order to confirm that the respondent to whom the contract is awarded will furnish Performance and Payment bonds from an acceptable surety company on behalf of said respondent, any or all subcontractors or by each respective subcontractor or by any combination thereof which results in performance security equal to the total amount of the contract, pursuant to statute. Failure to submit a Consent of Surety form, when required, shall be cause for rejection of the bid. c. PERFORMANCE AND PAYMENT BOND & SURETY DISCLOSURE STATEMENT AND CERTIFICATION REQUIRED NOT REQUIRED Successful respondent shall simultaneously with the delivery of the executed contract, submit an executed Surety Disclosure Statement and Certification and a bond in the amount of one hundred percent (100%) of the acceptable bid as security for the faithful performance of this Contract and to guarantee payment to laborers and suppliers for the labor and material used in the work performed under the contract. The performance and payment bond provided shall not be released until final acceptance of the whole work and then only if any liens or claims have been satisfied and any maintenance bonds required have been executed and approved by the Authority. The surety on such bond or bonds shall be a duly authorized surety company authorized to do business in the State of New Jersey pursuant statute. Failure to submit a Performance and Payment Bond and the Surety Disclosure Statement and Certification, when required, with the executed contract shall be cause for declaring the contract null and void pursuant to statute. 6. MAINTENANCE BOND REQUIRED NOT REQUIRED Successful respondent shall submit a Maintenance Bond, for a one (1) year period, following the expiration of the Contract and in the amount of the project costs guaranteeing against defective quality of work or materials. Page 5 of 48

6 7. STIPULATION AGAINST LIENS REQUIRED NOT REQUIRED Contractor shall complete and submit with its Quote the attached Stipulation Against Liens confirming that no mechanic's claims or other liens shall be filed by the Contractor, nor any subcontractor, nor by any of the material men or workmen or any person against any building and/or lot of ground appurtenant thereto or any materials, equipment or labor or extra materials or labor purchased or furnished in connection with the work done under the Contract or any part thereof, the right to file such claims or liens being expressly waived and relinquished. Failure to submit a Stipulation Against Liens, when required, shall be cause for rejection of the bid. 8. PROOF OF BUSINESS REGISTRATION Prior to Contract award, the contractor shall submit proof of their business registration and proof of the business registration for all subcontractors listed in the Quote. Proof of registration shall be a copy of the respondent s Business Registration Certificate (BRC). A BRC is obtained from the New Jersey Division of Revenue. For your convenience only, information on obtaining a BRC is available on the internet at or by phone at (609) N.J.S.A. 52:32-44 imposes the following requirements on all contractors and all subcontractors that knowingly provide goods or perform service fulfilling this contract: The contractor shall provide written notice to its subcontractors and suppliers of the responsibility to submit proof of business registration to the contractor. The requirement of proof of business registration extends down through all levels (tiers) of the project. Before final payment on the contract is made by the contracting agency, the contractor shall submit an accurate list and the proof of business registration of each subcontractor or supplier used in the fulfillment of the contract, or shall attest that no subcontractors were used. For the term of the contract, the contractor and each of its affiliates and a subcontractor and each of its affiliates [N.J.S.A. 52:32-44(g)(3)] shall collect and remit to the Director, New Jersey Division of Taxation, the use tax due pursuant to the Sales and Use Tax Act on all sales of tangible personal property delivered into this State, regardless of whether the tangible personal property is intended for a contract with a contracting agency. A business organization that fails to provide a copy of a business registration as required pursuant to section 1 of P.L.2001, c.134 (C.52:32-44 et al.) or subsection e. or f. of section 92 of P.L.1977, c.110 (C.5:12-92), or that provides false business registration information under the requirements of either of those sections, shall be liable for a penalty of $25 for each day of violation, not to exceed $50,000 for each business registration copy not properly provided under a contract with a contracting agency. The above descriptions are for information purposes only. It it s the respondent s responsibility to review and comply with the law. Failure to possess a NJ Business Registration Certificate may be cause for rejection of your Quote. 9. PREVAILING WAGE ACT REQUIRED NOT REQUIRED The New Jersey Prevailing Wage Act, N.J.S.A. 34: (P.L. 1963, Chapter 150), is hereby made a part of the Contract. The successful respondent and any of its sub-contractors shall be obligated to pay the prevailing wage, submit certified payroll record to the Authority within ten (10) days of the payment of wages as documentation of compliance, and to permit on-site monitoring to insure compliance. The contractor is also responsible for obtaining and submitting all subcontractors certified payroll records within the aforementioned time period. The contract shall submit said certified payrolls in the form set forth in N.J.A.C. 12:60-6.1(c). The Respondent s signature on this Quote is his certification that neither he nor any sub-contractors he might hire for this work are listed or are on record in the Office of the Commissioner of the New Jersey Department of Labor as one who has failed to pay prevailing wages in accordance the provisions of this act. If the Contractor or any of his subcontractors finds it necessary or desirable to exceed the prevailing salary or wage rates specified in his Contract, any expense incurred by the Contractor or subcontractors because of the payment of salaries or wages in excess of such amounts shall not be cause for any increase in the amount payable under his Contract. The respondent s signature on the Quote is also his guarantee that he and any subcontractors he might employ to perform the work covered by this Quote shall comply with the provisions of the Prevailing Wage and Public Works Contractor Registration Acts, where required. Every contractor or subcontractor shall keep an accurate payroll record showing the name, craft or trade, job title or classification, actual hourly rate or wages paid, hours worked and total wages paid to each workman employed by him/her in Page 6 of 48

7 connection with this public work. Payroll records shall be preserved for a period of two years from the date of payment. It is the contractor s responsibility to obtain any additional copies of the certified payroll form to be submitted by contacting the New Jersey Department of Labor and Workforce Development, Division of Workplace Standards. Additional information is available at PUBLIC WORKS CONTRACTOR REGISTRATION REQUIRED NOT REQUIRED The Public Works Contractor Registration Act (PWCRA), N.J.S.A.34: , requires that all contractors, including named subcontractors, be register with the Department of Labor and possess a certificate at the time the bid Quote is submitted. After bid Quotes 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 subcontractor and lower tier sub-contractors shall be registered prior to physically starting work. It is the Contractor s responsibility that all non-listed sub-contractors at any tier have their certificate prior to starting work on the job. Under the law a contractor is a person, partnership, association, joint stock company, trust, corporation or other legal business entity or successor thereof who enters into a contract which is subject to the provisions of the New Jersey Prevailing Wage Act (N.J.S.A. 34: , et seq.) It applies to contractors based in New Jersey or in another state. The law defines public works projects as contracts for public work as defined in the Prevailing Wage Statue (N.J.S.A. 34: , et seq). For additional information on the PWCRA and to register, go online to or by calling (609) N.J.S.A. 34: specifically prohibits accepting applications for registration as a substitute for a certificate or registration. Failure to possess a Public Works Contract Registration Certificate, when required, may be cause for rejection of your bid. 11. SUBCONTRACTORS Contractors, services providers, and all vendors with whom Owner has an executed contract may not subcontract any part of any work done or assign any part of contract for goods or materials for the Owner without first receiving written permission from the Owner. Contractors, service providers, and vendors using subcontractors assume all responsibility for work performed by subcontractors. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Contractor by the terms of the RFQ and any other Contract documents insofar as applicable to the work of subcontractors. Nothing contained herein or in any Contract document shall create any contractual relationship between any subcontractor and the Owner. 12. SUBCONTRACT LIST CERTIFICATION REQUIRED NOT REQUIRED In accordance with the requirements of N.J.S.A. 40A:11-16, the respondent shall set forth, in the Subcontractor List Certification, the name or names of all subcontractors to whom the respondent will subcontract with regard to this RFQ each of which subcontractors shall be qualified in accordance with the requirements of the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq. The List of Subcontractor Certification shall be submitted with the Quote. Failure to submit the signed List of Subcontractors Certification shall result in rejection of the Quote. If Respondent does not intend, at the time of Quote submission, to use any Subcontractors, please indicate no subcontractors on Subcontractors Certification. Failure to submit the Subcontract List Certification, when required, shall be cause for rejection of the Quote. 13. NON-COLLUSION AFFIDAVIT All respondents submitting a Quote for any portion of the work contemplated by the bidding documents shall execute an affidavit, in the form provided by the Owner to the effect that he has not colluded with any other person, firm or corporation in regard to any Quote submitted. Such affidavit shall be attached to the Quote. Failure to submit the Non-Collusion Affidavit shall be cause for rejection of the Quote. 14. OWNERSHIP DISCLOSURE STATEMENT Pursuant to the laws of New Jersey, Chapter 33 P.L. 1977, as amended by P.L 2016, c. 43 (N.J.S.A. 52: ), the Ownership Disclosure Statement provided in the RFQ Documents must be completed and submitted with each Quote. Failure to submit the Ownership Disclosure Statement shall result in the automatic rejection of the Quote. The Statement sets forth the names and addresses of all stockholders in the corporation who own 10% or more of its stock, of any class, or of all Page 7 of 48

8 individual partners in the partnership who own a 10% or greater interest therein, as the case may be. If one or more such stockholder or partner is itself a corporation or partnership, the names and addresses of stockholders holding 10% or more of that corporation s stock, or of the individual partners owning 10% or greater interest in that partnership, as the case may be, shall be listed. The disclosure shall be continued until names and addresses of every known corporate stockholder, and individual partner, exceeding the 10% ownership criterion, has been listed. This requirement applies to all forms of corporations and partnerships, including, but not limited to, limited partnerships, limited liability companies, limited liability partnerships, Subchapter S corporations and sole proprietors. Failure to submit the Ownership Disclosure Statement shall be cause for rejection of the Quote. 15. W-9 Successful respondent shall complete the Federal W-9 Form and submit to Owner prior to contract award. For reference only, this form is available at the following link: RESPONDENT'S EXPERIENCE REQUIRED NOT REQUIRED The respondent shall submit with their bid Quote completed Statement of Respondent s Qualifications including respondent s previous experience in performing comparable work, his business and technical organization. If required, failure to submit the Respondent s Qualifications, when required, shall be cause for rejection of the Quote. 17. DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN All respondents are required to complete a certification that attests that neither the respondent, nor any of its parents, subsidiaries and/or affiliates is listed on the list developed by the New Jersey Department of Treasury s List of Persons or Entities Engaging in Prohibited Investment Activities in Iran, pursuant to section 3 of P.L.2012, c. 25 (N.J.S.A. 52:32-57). The Department of Treasury List is available at Such certification shall be attached to the Quote. Failure to submit the Disclosure of Investment Activities in Iran shall be cause for rejection of the Quote. 18. MANDATORY RFQ ITEM LIST Pursuant to N.J.S.A. 40A: , the respondent shall include with his Quote those items listed in the Mandatory RFQ Item list as shown in the Notes section of the RFQ Quote. The respondent shall complete the Mandatory RFQ Item list by initialing next to each item that the respondent has included with the Quote. The failure to complete the Mandatory RFQ Items list or to submit any one of the mandatory documents may result in the automatic rejection of the Quote. The failure to submit any other items required by the RFQ Documents may also result in the rejection of the Quote as unresponsive. 19. MANDATORY EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION COMPLIANCE During the performance of this contract, the contractor agrees to comply with MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE, N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127), N.J.A.C. 17:27, CONSTRUCTION CONTRACTS, attached hereto as: Exhibit A: Mandatory EEO Language for Goods, Professional Services and General Service Contracts Exhibit B: Mandatory EEO Language for Construction Contracts 20. MANDATORY EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION EVIDENCE NO FIRM MAY BE ISSUED A CONTRACT UNLESS IT COMPLIES WITH THE AFFIRMATIVE ACTION PROVISIONS OF N.J.S.A. 10:5-31 ET SEQ. AND N.J.A.C. 17:27-1 ET SEQ. The following provision, as indicated by an (x), shall be applicable to this RFQ and be made part of the RFQ documents: GOODS AND SERVICES: Each contractor shall submit to the Division of Purchase & Property s Contract compliance and Audit Unit ( Division ) and the Owner, after notification of award but prior to execution of a goods and services contract, one of the following three documents: a. Letter of Federal Approval indicating that the vendor is under an existing federally approved or sanctioned affirmative action program; or, b. A Certificate of Employee Information Report, issued in accordance with N.J.A.C. 17:27 et seq.; or Page 8 of 48

9 c. An Initial Employee Report, Form AA302, and submit it to the Division and distributed to the public agency. CONSTRUCTION: The construction contractor shall complete and submit an Initial Project Workforce Report Form AA-201 upon notification of award, but prior to the contract to the Dept. of LWD and the Owner. Proper completion and submission of this Report shall constitute evidence of the contract s compliance with the regulations. Failure to submit this form may result in the contract being terminated. The contractor also agrees to submit a copy of the Monthly Project Workforce Report Form AA-202 once a month thereafter for the duration of the contract to the Dept. of LWD and to the Owner. It is the policy of the Owner that its contracts should create a workforce that reflects the diversity of the State of New Jersey. Therefore, contractors engaged by the Owner to perform under a construction contract shall put forth a good faith effort to engage in recruitment and employment practices that further the goal of fostering equal opportunities to minorities and women. The contractor must demonstrate to the Owner s satisfaction that a good faith effort was made to ensure that minorities and women have been afforded equal opportunity to gain employment under the Owner s contract with the contractor. Payment may be withheld from a contractor s contract for failure to comply with these provisions. Evidence of a good faith effort includes, but is not limited to: a. The Contractor shall recruit prospective employees through the State Job bank website, managed by the Department of Labor and Workforce Development, available online at b. The Contractor shall keep specific records of its efforts, including records of all individuals interviewed and hired, including the specific numbers of minorities and women; c. The contractor shall actively solicit and shall provide the Owner with proof of solicitations for employment, including but not limited to advertisements in general circulation media, professional service publications and electronic media; and d. The Contractor shall provide evidence of efforts described at 2 above to the Owner no less frequently than once every 12 months. e. The Contractor shall comply with the requirements set forth at N.J.A.C. 17: et seq. 21. AMERICANS WITH DISABILITIES ACT OF 1990 Discrimination on the basis of disability in violation of the Act in contracting for the purchase of goods and services is prohibited. Respondents are required to read Americans With Disabilities language that is included as Appendix A of this specification and agree that the provisions of Title II of the Act are made a part of the contract. The contractor is obligated to comply with the Act and to hold the owner harmless for any violations thereof. 22. INSURANCE AND SEGREGATE INDEMNIFICATION FROM INSURANCE a. Submission of proof of the required insurance coverage in the form of a statement from the respondent s insurance broker stating that the broker will, upon successful award of this contract to their client, supply the respondent with insurance in the types and amounts required. b. The Contractor shall not commence any work under the Contract until the Contractor has obtained, at the Contractor s own expense, all insurance as set forth by the General or Special Conditions ( Conditions ) or Technical Specifications ( Specifications _ in the RFQ Documents and has delivered, upon award of Contract, Certificates of Insurance to the Authority. Such insurance and evidence of insurance must be in a form satisfactory to the Authority. Such coverage shall be with an insurance company authorized to do business in the State of New Jersey and shall name the owner as an additional insured. Self-insured contractors shall submit an affidavit attesting to their self-insured coverage and shall name the Authority as an additional insured. c. The Contractor shall not permit any sub-contractor of any tier to begin work until the required insurance has been obtained and evidence of insurance have been provided to the Authority (Sub-contractor shall have equivalent insurance as primary contractor. Refer to Conditions or Specifications for insurance limits). Such insurance and evidence of insurance must be in a form satisfactory to the Authority. Such coverage shall be with an insurance company authorized to do business in the State of New Jersey and shall name the owner as an additional insured. Self-insured contractors shall submit an affidavit attesting to their self-insured coverage and shall name the Authority as an additional insured. d. All insurance required hereunder (except Workers' Compensation Insurance policies and Professional Liability) shall include the interests of the Owner whom shall be listed as additional insured on such policies. Contractor waives all rights against the Owner and all parties named as additional insured in such policies for all claims, losses and damages covered by Page 9 of 48

10 such policies and all such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as additional insured. e. The Contractor shall purchase and maintain, at its sole expense, insurance as will provide protection from claims and liabilities which may arise out of or result from Contractor's performance and furnishing of the completed work and Contractor's other obligations under the Contract Documents, whether it is to be performed or furnished by Contractor, by any of Contractor's subcontractors or sub-subcontractors (of any tier), by anyone directly or indirectly employed by any of them to perform or furnish any work, or by anyone for whose acts any of them may be liable, with companies satisfactory to the Owner, at the insurance limits as indicated in the Conditions or Specifications. i. Policy Limits - specified in the Conditions or Specifications are minimum, and wherever the law requires higher limits, the higher limits shall govern. ii. Periods of Coverage - All policies required under this Contract shall remain in full force during the term of the Contract. iii. Forms of Policies - all liability insurance (except Professional Liability) shall be on an occurrence basis. iv. All insurance shall be carried with companies which are financially responsible and authorized to do business in the State of New Jersey. If any such insurance is due to expire during the construction period, the Contractor shall not permit the coverage to lapse and shall furnish evidence of coverage to the Owner. v. IMPORTANT INSURANCE CERTIFICATE REQUIREMENT: When commercially available certificates SHALL provide 30 days written notice of cancelations or non-renewals. For non-payment of premium, 10 day notice is required. f. INDEMNIFICATION AND HOLD HARMLESS: Respondent (et al) shall indemnify and hold harmless the owner from all claims, suits or actions, and damages or costs of every name and description to which the owner may be subjected or put by reason of injury to the person or property of another, or the property of the owners, resulting from negligent acts or omissions on the part of the contractor, the contractor s agents, servants or subcontractors in the delivery of goods and services, or in the performance of the work under the contract. g. Nothing contained in this Article entitled, "INSURANCE AND SEGREGATE INDEMNIFICATION FROM INSURANCE" or in the Contract Documents shall be construed as limiting the extent of the Contractor's liability for claims or damages resulting from or related to the Contractor's operations under this Contract. 23. WORKER AND COMMUNITY RIGHT TO KNOW ACT The manufacturer or supplier of chemical substances or mixtures shall label them in accordance with the N.J. Worker and Community Right to Know Law (N.J.S.A.34:1 et seq., and N.J.A.C. 5:89-5 et seq.). Containers that the law and rules require to be labeled shall show the Chemical Abstracts Service number of all the components and the chemical name. Further, all applicable Material Safety Data Sheets MSDS) aka hazardous substance fact Sheet, must be furnished. 24. BRAND NAMES, STANDARDS OF QUALITY AND PERFORMANCE a. Brand names and/or descriptions used in these Specifications are to acquaint respondents with the types of goods and services desired and will be used as a standard by which goods and services offered as equivalent will be evaluated. b. Variations between the goods and services described and the goods and services offered are to be fully identified and described by the respondent on a separate sheet and submitted with the RFQ form. Vendor literature WILL NOT suffice in explaining exceptions to these Specifications. In the absence of any exceptions by the respondent, it will be presumed and required that the goods and services as described in the RFQ Specification be provided or performed. c. It is the responsibility of the respondent to document and/or demonstrate the equivalency of the goods and services offered. The Owner reserves the right to evaluate the equivalency of the goods and services. d. In submitting its Quote, the respondent certifies that the goods and services to be furnished will not infringe upon any valid patent or trademark and that the successful respondent shall, at its own expense, defend any and all actions or suits charging such infringement, and will save the Owner harmless from any damages resulting from such infringement. e. Only manufactured and farm products of the United States, wherever available, shall be used pursuant to N.J.S.A. 40A: f. The Contractor shall guarantee any or all goods and services supplied under these Specifications. Defective or inferior goods shall be replaced at the expense of the Contractor. The Contractor will be responsible for return freight or restocking charges. Page 10 of 48

11 25. TIME FOR RECEIVING QUOTE a. Quotes received prior to the time of opening will be securely kept, unopened. The officer whose duty it is to open them will decide when the specified time has arrived, and no Quote received thereafter will be considered. No responsibility will attach to an officer for the premature opening of a Quote not properly addressed and identified. Unless specifically authorized, telegraphic Quote will not be considered, but modification, by telegraph of Quotes already submitted will be considered if received prior to the hour set for opening and written confirmation of such modification over the signature of the respondent is placed in the mail and postmarked prior to the time set for Quote opening. b. Respondents are cautioned that, while telegraphic modifications of Quotes may be received as provided above, such modifications, if not explicit and if in any sense subject to misinterpretation, shall make the Quote so modified or amended subject to rejection at the discretion of the Owner. 26. OPENING OF QUOTES At the time and place fixed for the opening of Quotes, every Quote received within the time fixed for receiving Quotes will be opened and publicly read aloud, irrespective of any irregularities therein. Respondents and other persons properly interested may be present, in person or by representative. There will be no determination of award or rejection of Quotes after the Quotes are opened. Any information divulged at the Quote opening is not a final determination and is subject to the final action of the governing body. 27. WITHDRAWAL OF QUOTES Quotes may be withdrawn on written or telegraphic request dispatched by the respondent in time for delivery in the normal course of business prior to the time fixed for opening; provided, that written confirmation of any telegraphic withdrawal over the signature of the respondent is placed in the mail and postmarked prior to the time set for Quote opening. Quotes may not be withdrawn after opening of Quotes except in accordance with N.J.S.A. 40A: or upon consent of the Authority. 28. AWARD OF CONTRACT; REJECTION OF QUOTES a. Except as set forth herein, the Contract will be awarded to the responsible respondent submitting the lowest Quote complying with the conditions of all Quote Documents, provided the Quote is reasonable and it is to the interest of the Owner to accept it. The contractor to whom the award is made will be notified within sixty (60) days of the opening, unless written extensions are requested and received. b. The Owner reserves the right to award equal or tie Quotes at their discretion to any one of the tie respondents. c. Quotes may be rejected for all reasons that may be in the best interests of the Owner, including, but not limited to those set forth in N.J.S.A. 40A: Quotes will be rejected for all debarred contractors submitting Quotes on public works projects. In the event that the successful respondent fails to enter into a contract within twenty one (21) days, Sundays and holidays excepted after making the award, or as otherwise agreed upon by the parties to the Contract, the Owner may reject said Quotes and accept the Quote of the next lowest responsible respondent. (N.J.S.A. 40A:11-24b). THE OWNER RESERVES THE RIGHT TO REJECT ANY AND ALL QUOTES AND TO WAIVE ANY INFORMALITY IN QUOTES RECEIVED WHENEVER SUCH REJECTION OR WAIVER IS IN THE INTEREST OF THE OWNER. 29. EXECUTION OF CONTRACT a. Within ten (10) days after the prescribed forms are presented for signature to the successful Respondent, the Respondent shall execute and deliver to the Owner the Contract in the form furnished and in such number of counterparts as the Owner may require. b. The failure of the successful respondent to execute such contract within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the Owner may grant based upon reasons determined adequate by the Owner, shall constitute a default, and the Owner may either award the Contract to the next responsible respondent or readvertise for bids. At the option of the Owner, if a Bid Guarantee is required, the Bid Guarantee shall be retained as liquidated damages and the Owner may charge against the respondent the difference between the amount of the Quote and the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the Bid Guaranty. Page 11 of 48

12 30. CONTRACT TIME The length of this contract shall be noted in the Technical Specifications. 31. TERMINATION OF CONTRACT a. If, through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations under the contract or if the contractor shall violate any of the requirements of the contract, the owner shall there upon have the right to terminate the contract by giving written notice to the contractor of such termination and specifying the effective date of termination. Such termination shall relieve the owner of any obligation for balances to the contractor of any sum or sums set forth in the contract. Owner will pay only for goods and services accepted prior to termination. b. Notwithstanding the above, the contractor shall not be relieved of liability to the owner for damages sustained by the owner by virtue of any breach of the contract by the contractor and the owner may withhold any payments to the contractor for the purpose of compensation until such time as the exact amount of the damage due the owner from the contractor is determined. c. The contractor agrees to indemnify and hold the owner harmless from any liability to subcontractors/suppliers concerning payment for work performed or goods supplied arising out of the lawful termination of the contract by the owner under this provision. d. In case of default by the contractor, the owner may procure the goods or services from other sources and hold the contractor responsible for any excess cost. e. Continuation of the terms of the contract beyond the fiscal year is contingent on availability of funds in the following year's budget. In the event of unavailability of such funds, the owner reserves the right to cancel the contract. f. ACQUISITION, MERGER, SALE AND/OR TRANSFER OF BUSINESS, ETC: It is understood by all parties that if, during the life of the contract, the contractor disposes of his/her business concern by acquisition, merger, sale and or/transfer or by any means convey his/her interest(s) to another party, all obligations are transferred to that new party. In this event, the new owner(s) will be required to submit all documentation/legal instruments that were required in the original bid/contract. Any change shall be approved by the Owner. g. The contractor will not assign any interest in the contract and shall not transfer any interest in the same without the prior written consent of the owner. h. The owner may terminate the contract for convenience by providing 60 calendar days advanced notice to the contractor. The Owner shall pay all reasonable cost incurred by the Contractor up to the date of termination. The Contractor will not be reimbursed for any anticipatory profits which have not been earned up to the date of termination. 32. SALES TAX, INTEREST, LAST FEES a. The Authority is exempt from any local, state or federal sales, use or excise tax. b. Public funds may be used to pay only for goods delivered or services rendered. The Authority will not pay penalties and/or interest on overdue bills. 33. PAYMENT Subject to the General Conditions, payment will be made after a properly executed form of Authority voucher has been received and formally approved by the Authority. The voucher will be certified correct by the department/division head who received the goods or services. No employee is authorized to sign a letter of credit or any other document that represents a legal commitment on the part of the Authority to pay additional fees beyond what is agreed to within the Contract. 34. COMPLIANCE WITH LAWS The Contractor shall comply with all New Jersey State and Federal Laws as they pertain to the performance under the Contract, including but not limited to, all applicable provisions of the N.J. Public Employees Occupational Safety and Health Act, (N.J.A.C. 34:6A-25). 35. SAFETY & INDEMNIFICATION The respondent hereby covenants and agrees to take, use, provide and make all proper, necessary and sufficient precautions, safeguards and protections against the occurrence of happenings, accidents, injuries, damages or hurt to any person or property during the progress of the work herein covered, and indemnify and save harmless the Owner, its officers, agent, servants and employees from payment of all sums of money by reason of all or any such happenings, accidents, injuries, damages, hurt to person or property that may happen or occur upon or about such work, and all fines, penalties and loss Page 12 of 48

13 incurred for or by reason of violations or any Federal, State or local ordinance or regulations while said work is in progress. 36. UNDERGROUND CONSTRUCTION if required The Contractor agrees that before any road opening, building, blasting, demolition or excavation, it will contact the ONE-Call Damage Prevention System and supply the Owner with the confirmation number assigned to the notice of intent to excavate. It is the responsibility of the Contractor to comply with laws and regulations concerning excavation to ascertain the location of all underground construction in the area of the Project in accordance with NJSA 48:2-73, Underground Facility Protection Act. 37. PAY TO PLAY NOTICE OF DISCLOSURE REQUIREMENT The Contract to be awarded is subject to and the Contractor agrees to abide by the New Jersey Local Unit Pay-to-Play Law, P.L. 2005, Chapter 271, section 3 Reporting (N.J.S.A. 19:44A 20.27). Any failure to abide by the terms of this law shall be a breach of the terms of the contract. Subject to amendments to the law, the contractor is advised that: 1. Any business entity that has received $50,000 or more in contracts from government entities in a calendar year is required to file an annual disclosure report with ELEC. The instructions and form are available on the ELEC website. 2. Annual Disclosures require submission by March 30th of each year covering contracts and contributions for the prior calendar year. 3. At a minimum, a list of all business entities that file an annual disclosure report will be listed on ELEC s website at 4. If you have any questions please contact ELEC at: ELEC (3532) (toll free in NJ) or OWNERSHIP OF MATERIAL The owner shall retain all of its rights and interest in any and all documents and property both hard copy and digital furnished by the owner to the contractor for the purpose of assisting the contract in the performance of this contract. All such items shall be returned immediately to the owner at the expiration or termination of the contract or completion of related services, pursuant thereto, whichever comes first. None of the documents and/or property shall, without the written consent of the owner, be disclosed to others or used by the contractor or permitted by the contractor to be used by their parties at any time except in the performance of the resulting contract. Ownership of all data, materials and documentation originated and prepared for the owner pursuant to the contract shall belong exclusively to the owner. All data, reports, computerized information, program and materials related to this project shall be delivered to and become the property of the owner upon completion of the project. The contractor shall not have the right to use, sell or disclose the total of the interim or final work products or make available to third parties, without the prior written consent of the owner. All information supplied to the owner may be required to be supplied on CD-ROM media compatible with the owner s computer operating system, windows based, Microsoft Office Suite PRECONSTRUCTION CONFERENCE REQUIRED NOT REQUIRED Either before or soon after the actual award of the Contract (but in any event prior to the start of work), the Contractor or his representative shall attend a Preconstruction Conference with representatives of the Owner. The Conference will serve to acquaint the participants with the general plan of contract administration and requirements under which the construction operation is to proceed. The date, time, and place of the conference will be furnished to the Contractor by the Owner. 40. RECORDS RETENTION Pursuant to N.J.A.C. 17: (see also N.J.S.A. 52:15C-14(d)), the Contractor shall maintain all documentation related to products, transactions or services under this Agreement for a period of five years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon request. END INSTRUCTIONS TO RESPONDENTS Page 13 of 48