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BID #18-20 Page 1 of 65
COUNTY OF CUMBERLAND
BRIDGETON, NEW JERSEY
SPECIFICATIONS FOR PROVIDING
PREVENTATIVE MAINTENANCE AND REPAIR SERVICES FOR LIFT STATION PUMPS AT VARIOUS
CUMBERLAND COUNTY LOCATIONS.
BID # 18-20
BID OPENING: WEDNESDAY, APRIL 25, 2018
PREVAILING TIME: 2:00 PM
CUMBERLAND COUNTY PURCHASING OFFICE CUMBERLAND COUNTY ADMINISTRATION BUILDING
164 WEST BROAD STREET BRIDGETON, NEW JERSEY 08302
(856) 453-2132 Phone
(856) 451-0967 Facsimile
BID #18-20 Page 2 of 65
BID NOTICE
COUNTY OF CUMBERLAND, NEW JERSEY
*****
The County of Cumberland invites sealed bids for Providing Preventative Maintenance and Repair Services for Lift Station Pumps at Various Cumberland County Locations, Bid # 18-20.
Bid Documents may be downloaded at http://cumberlandprocure.org.
Bid Portal Commodity Code(s): 1) Building Maintenance, Supplies and Service
Bids shall be made on the bid form provided and in the manner prescribed. They shall be enclosed in sealed envelopes bearing the legend, Providing Preventative Maintenance and Repair Services for Lift Station Pumps at Various Cumberland County Locations, Bid # 18-20, on the outside. The bids shall be returned to the Office of the Director of Purchasing, Cumberland County Administration Building, 164 West Broad Street, Bridgeton, New Jersey, 08302, by Wednesday, April 25, 2018, 2:00 PM prevailing time, when they will be opened and read in public. Late bids will not be considered.
Bidders are required to comply with the requirements of N.J.S.A. 10:5-31 et seq., N.J.A.C. 17:27 Affirmative Action, P.L. 1977, C. 33, as amended by P.L. 2016, C. 43, N.J.S.A. 52:25-24.2 Corporate Disclosure, P.L 2004, C. 57 New Jersey Business Registration. By order of the Board of Chosen Freeholders of the County of Cumberland. David C. DeWoody Purchasing Agent
BID #18-20 Page 3 of 65
TABLE OF CONTENTS BID INVITATION 2
TABLE OF CONTENTS 3 BID CHECKLIST 4-5 OFFICIAL BID SHEET (EXHIBIT A) 6-7 STATEMENT OF AUTHORITY (EXHIBIT B) 8 BID EXCEPTIONS FORM (EXHIBIT C) 9-10 BID GUARANTEE (EXHIBIT D) 11 STATEMENT OF CORPORATE OWNERSHIP (EXHIBIT E) 12-13 EEO/AFFIRMATIVE ACTION COMPLIANCE NOTICE (EXHIBIT F) 14-16 EEO/AFFIRMATIVE ACTION COMPLIANCE NOTICE (EXHIBIT F.1) 17-20 AMERICANS WITH DISABILITIES ACT LANGUAGE (EXHIBIT G) 21 CERTIFICATION REGARDING DEBARMENT (EXHIBIT H) 22-23 NON-COLLUSION AFFIDAVIT (EXHIBIT I) 24 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA (EXHIBIT J) 25 REQUEST FOR REFERENCE FORM (EXHIBIT K) 26 VENDOR INFORMATION SHEET (EXHIBIT L) 27 BIDDERS DATA SHEET AND QUESTIONNAIRE (EXHIBIT M) 28 INSURANCE REQUIREMENTS (EXHIBIT N) 29-31 LIVING WAGE STATEMENT (EXHIBIT O) 32 IRAN INVESTMENT ACTIVITIES DISCLOSURE (EXHIBIT P) 33-34 LIST OF PRIME SUBCONTRACTORS (EXHIBIT Q) 35-36 EQUIPMENT CERTIFICATION (EXHIBIT R) 37 GENERAL INSTRUCTIONS AND CONDITIONS 38-56 TECHNICAL SPECIFICATIONS 57-63 ATTACHMENT 1-BACKGROUND CHECK FORM 64-65
BID #18-20 Page 4 of 65
BID CHECKLIST
Failure by the bidder to submit with their Bid all of the items that are checked below may cause the Bid to be considered non-responsive.
Required with Item Read, Initialed Receipt of Bid and Submitted _____X________ Official Bid Sheet (Exhibit A) ____________ Pursuant to N.J.S.A. 52:25-24.2 _____X________ Statement of Authority (Exhibit B) ____________ _____X________ Bid Exceptions Form (Exhibit C) ____________ _____N/A______ Bid Guarantee (Exhibit D) ___N/A______ _____X________ Statement of Corporate Ownership ____________ Pursuant to N.J.S.A. 52:25-24.2 (Exhibit E) _____X________ EEO/Affirmative Action Compliance ____________ Notice Pursuant to N.J.S.A. 10:5-31
et seq. and N.J.A.C. 17:27 (Exhibit F)
_____X________ EEO/Affirmative Action Compliance ____________ Notice Pursuant to N.J.S.A. 10:5-31
et seq. and N.J.A.C. 17:27 (Exhibit F.1)
_____X________ Certification Regarding Debarment ____________ (Exhibit H) _____X________ Non Collusion Affidavit (Exhibit I) ____________ _____X________ Acknowledgement of Receipt of ____________ Addenda Form Pursuant to
N.J.S.A. 40A:11-23.2.e. (Exhibit J) _____X________ Request for References Form (Exhibit K) ____________
_____X________ Vendor Information Sheet (Exhibit L) ____________ _____X________ Bidders Data Sheet and Questionnaire ____________ (Exhibit M) _____X_______ NJ DPMC Notice of Classification ____________ (Required for the Bidder & Prime Subs) _____X_______ NJ DPMC Total of Uncompleted ____________ Contracts (Required for the Bidder & Prime Subs) _____X________ Living Wage Statement of Employee ____________ Wages and Benefits (Exhibit O) _____X________ Iran Investment Activities Disclosure ____________ (Exhibit P) _____X________ List of Prime Subcontractors (Exhibit Q) ____________
BID #18-20 Page 5 of 65
(Continued) X Equipment Certification (Exhibit R) ____________
The items that are checked below
shall be submitted no later than the time period indicated. Required Prior to Item Read, Initialed Contract Award Shall Submit _____X________ New Jersey Business Registration ____________ Certificate (Due prior to Award) _____X________ Certificate(s) of Insurance as specified ____________ in the Bid Document (EXHIBIT N) (Due with executed contract)
The items that are checked below are to be reviewed by the bidders.
Review Required Item Read and Initialed X Americans with Disabilities _____________ Act Language (Exhibit G) X General Instruction/Conditions _____________ Pages 38-56 X Technical Specifications _____________ Pages 57-63 X Attachment 1-Background _____________ Check Form Pages 64-65 THE ITEMS AND/OR FORMS INDICATED ABOVE MUST BE REVIEWED AND/OR SUBMITTED WITH YOUR BID. THIS CHECKLIST IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. ALL REQUIRED DOCUMENTATION MAY NOT BE LISTED ABOVE AND IT SHALL BE THE RESPONSIBILITY OF THE BIDDER TO CAREFULLY REVIEW THE COMPLETE BID PACKAGE, FAMILIARIZE THEMSELVES WITH THE REQUIREMENTS OF THIS BID, AND TO SUBMIT WITH THEIR BID ALL REQUIRED DOCUMENTATION.
SIGNATURE The undersigned hereby acknowledges that they have submitted and/or reviewed the above listed requirements: Name of Company: _____________________________________________________________ Signature: _____________________________________________________________________ Print Name: ___________________________________________________________________ Title: _________________________________________________________________________ Date: _________________________________________________________________________
END OF BID CHECKLIST
BID #18-20 Page 6 of 65
EXHIBIT A
OFFICIAL BID SHEET
PROVIDING PREVENTATIVE MAINTENANCE AND REPAIR SERVICES FOR LIFT STATION PUMPS AT VARIOUS CUMBERLAND COUNTY LOCATIONS
BID #18-20
BID OPENING: WEDNESDAY, APRIL 25, 2018 2:00 PM PREVAILING TIME
The Undersigned hereby offers to contract with the County of Cumberland to Provide Preventative Maintenance and Repair Services for Lift Station Pumps at Various Cumberland County Locations in accordance with the Specifications. YEAR ONE (1) ANNUAL PREVENTATIVE MAINTENANCE SERVICES: LOCATION ANNUAL COST 1) Courthouse 60 W. Broad $_____________ 2) Prosecutor’s 115 Vine St. $_____________ 3) MW Center 168 Sunny Slope $_____________ 4) Library 800 E. Commerce $_____________ 5) Emergency Management/911 Office $_____________ YEAR TWO (2) ANNUAL PREVENTATIVE MAINTENANCE SERVICES: LOCATION ANNUAL COST 1) Courthouse 60 W. Broad $_____________ 2) Prosecutor’s 115 Vine St. $_____________ 3) MW Center 168 Sunny Slope $_____________ 4) Library 800 E. Commerce $_____________ 5) Emergency Management/911 Office $_____________
BID #18-20 Page 7 of 65
TOTAL COST FOR YEAR ONE (1) AND YEAR TWO (2) PREVENTATIVE MAINTENANCE SERVICES: $___________________________________________ YEAR ONE (1) REPAIR SERVICE COST: Regular Time Labor Rate: $______________ 8:00 AM – 5:00 PM Overtime Labor Rate: $______________ Holiday Labor Rate: $______________ Parts to be billed at Cost Plus or Minus: ________% (Circle One) YEAR TWO (2) REPAIR SERVICE COST: Regular Time Labor Rate: $______________ 8:00 AM – 5:00 PM Overtime Labor Rate: $______________ Holiday Labor Rate: $______________ Parts to be billed at Cost Plus or Minus: ________% (Circle One) Do you have any exceptions to the specifications? Yes No . If yes, bidders shall list and describe all exceptions on the Bid Exceptions Form commencing on EXHIBIT C. Have you included with your bid submission all of the Mandatory Items identified in the Bid Checklist? Yes ___ No . If no, your bid shall be rejected as non-responsive. Bidders are hereby strongly cautioned against changing, altering or modifying the format of the Official Bid Sheet. All requested information shall be provided in the format established therein. Bidders who change, alter or modify the Official Bid Sheet may have their bid rejected as non-responsive. Bidders having any questions regarding the correct method for providing any information on the Official Bid Sheet shall contact David C. DeWoody, Purchasing Agent, at (856) 453-2132.
END OF OFFICIAL BID SHEET
BID #18-20 Page 8 of 65
EXHIBIT B
STATEMENT OF AUTHORITY BID SUBMITTED FOR: COMPANY: ____________________________________________________________ ADDRESS: _____________________________________________________________ _______________________________________________________________________ BID SUBMITTED BY: ____________________________________________________ (Print Name of Company Officer) SIGNATURE: ___________________________________________________________ (Signature of Company Officer) *** TITLE: _____________________________________ DATE: _____________________ TELEPHONE: _______________________________ EXTENSION: _______________ FACSIMILE: ____________________________________________________________ EMAIL ADDRESS: _______________________________________________________ TAXPAYER IDENTIFICATION NUMBER: __________________________________
*** The bid must be signed by a Company Officer in order to be accepted by the County as a
valid bid.
BID #18-20 Page 9 of 65
EXHIBIT C
BID EXCEPTIONS FORM Exceptions, if any, to the bid specifications, shall be noted and described below. Please note that bids received without any exceptions noted and described below shall be assumed to be in complete compliance with the bid specifications. Please note that failure by the bidder to note and describe below exceptions to the bid specifications shall in no way provide relief to contractors supplying products or materials which do not meet the bid specifications. Contractors supplying products or materials which are not noted and identified below shall be subject to legal action. Do you have any exceptions to the specifications? Yes No _ . If yes, note and describe below your exceptions. EXCEPTION # 1: Describe here with specificity the exact nature of your Exception # 1: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Describe here with specificity how with Exception # 1 your bid still meets the requirements of this specification: ______________________________________________________________________________ ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
EXCEPTION # 2: Describe here with specificity the exact nature of your Exception # 2: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Describe here with specificity how with Exception # 2 your bid still meets the requirements of this specification: ______________________________________________________________________________ ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ EXCEPTION # 3: Describe here with specificity the exact nature of your Exception # 3: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Describe here with specificity how with Exception # 3 your bid still meets the requirements of this specification: ______________________________________________________________________________ __________________________________________________________________________________________
BID #18-20 Page 10 of 65
____________________________________________________________________________________________________________________________________________________________________________________ EXCEPTION # 4: Describe here with specificity the exact nature of your Exception # 4: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Describe here with specificity how with Exception # 4 your bid still meets the requirements of this specification: ______________________________________________________________________________ ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
EXCEPTION # 5: Describe here with specificity the exact nature of your Exception # 5: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Describe here with specificity how with Exception # 5 your bid still meets the requirements of this specification: ______________________________________________________________________________ ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ EXCEPTION # 6: Describe here with specificity the exact nature of your Exception # 6: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Describe here with specificity how with Exception # 6 your bid still meets the requirements of this specification: ______________________________________________________________________________ ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ IF YOU HAVE MORE EXCEPTIONS, MAKE COPIES OF THIS EXCEPTION FORM, COMPLETE
THE FORMS AND ATTACH THEM TO THE FRONT OF YOUR BID SUBMISSION
Form Completed by: ______________________________________________________ (Print Name)
______________________________________________________ (Signature)
Title: _____________________________________ Date: _________________________
BID #18-20 Page 11 of 65
EXHIBIT D (NOT REQUIRED FOR THIS BID)
SAMPLE FORM OF BID BOND
A. We, the undersigned
_____ as Principal and
________________________________________________as Surety, are hereby held and firmly bound unto _______________________________________ in the penal sum of _____________________________Dollars
($_______________), lawful money of the United States for the payment of which well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed this ___________ day of ___________________, 20 ______.
B. THE CONDITION of the above obligation is such that whereas the Principal has submitted to the______________________________________________________________,a certain bid attached hereto and hereby made a part of hereto and hereby made a part of hereof, to enter into a contract in writing for the
(insert type of work)____________________________________________________________________.
C. NOW THEREFORE:
If said bid shall be rejected, or in the alternate, if said bid shall be accepted and the Principal shall execute and deliver a contract in the form of Agreement required by the Bid Documents and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all respects perform the agreement created by the acceptance of said bid. Then this obligation shall be void, otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.
D. THE SURETY for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall in no way be impaired or affected by an extensions of the time within the "OBLIGEE" may accept such bid. And said Surety does hereby waive notice of any such extension.
E. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as corporations have caused their corporate seals to be hereto fixed and these presents to be signed by their proper officers, the day and year set forth above.
____________________________________(L.S.)
PRINCIPAL
____________________________________
SURETY
(SEAL) ____________________________________
BY
NOTE: Bid Bond must be signed by an authorized agent or representative of a surety company and not by the individual or company submitting the bid.
BID #18-20 Page 12 of 65
EXHIBIT E STATEMENT OF OWNERSHIP DISCLOSURE
N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43)
This statement shall be completed, certified to, and included with all bid and proposal submissions. Failure to submit the required information is cause for automatic rejection of the bid or proposal.
Name of Organization:_________________________________________________________________ Organization Address:_________________________________________________________________
Part I Check the box that represents the type of business organization:
Sole Proprietorship (skip Parts II and III, execute certification in Part IV)
Non-Profit Corporation (skip Parts II and III, execute certification in Part IV)
For-Profit Corporation (any type) Limited Liability Company (LLC)
PartnershipLimited Partnership Limited Liability Partnership (LLP)
Other (be specific): ______________________________________________ Part II
The list below contains the names and addresses of all stockholders in the corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the limited liability company who own a 10 percent or greater interest therein, as the case may be. (COMPLETE THE LIST BELOW IN THIS SECTION) OR
No one stockholder in the corporation owns 10 percent or more of its stock, of any class, or no individual partner in the partnership owns a 10 percent or greater interest therein, or no member in the limited liability company owns a 10 percent or greater interest therein, as the case may be. (SKIP TO PART IV)
(Please attach additional sheets if more space is needed):
Name of Individual or Business Entity Home Address (for Individuals) or Business Address
BID #18-20 Page 13 of 65
Part III DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS, PARTNERS OR LLC MEMBERS LISTED IN PART II
If a bidder has a direct or indirect parent entity which is publicly traded, and any person holds a 10 percent or greater beneficial interest in the publicly traded parent entity as of the last annual federal Security and Exchange Commission (SEC) or foreign equivalent filing, ownership disclosure can be met by providing links to the website(s) containing the last annual filing(s) with the federal Securities and Exchange Commission (or foreign equivalent) that contain the name and address of each person holding a 10% or greater beneficial interest in the publicly traded parent entity, along with the relevant page numbers of the filing(s) that contain the information on each such person. Attach additional sheets if more space is needed.
Website (URL) containing the last annual SEC (or foreign equivalent) filing Page #’s
Please list the names and addresses of each stockholder, partner or member owning a 10 percent or greater interest in any corresponding corporation, partnership and/or limited liability company (LLC) listed in Part II other than for any publicly traded parent entities referenced above. The disclosure shall be continued until names and addresses of every noncorporate stockholder, and individual partner, and member exceeding the 10 percent ownership criteria established pursuant to N.J.S.A. 52:25-24.2 has been listed. Attach additional sheets if more space is needed.
Stockholder/Partner/Member and Corresponding Entity Listed in Part II
Home Address (for Individuals) or Business Address
Part IV Certification
I, being duly sworn upon my oath, hereby represent that the foregoing information and any attachments thereto to the best of my knowledge are true and complete. I acknowledge: that I am authorized to execute this certification on behalf of the bidder/proposer; that the County of Cumberland is relying on the information contained herein and that I am under a continuing obligation from the date of this certification through the completion of any contracts with County of Cumberland to notify the County of Cumberland in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it will constitute a material breach of my agreement(s) with the, permitting the County of Cumberland to declare any contract(s) resulting from this certification void and unenforceable.
Full Name (Print): Title:
Signature: Date:
BID #18-20 Page 14 of 65
EXHIBIT F
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 et seq.
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause. The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union of the contractor's commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act. The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with N.J.A.C. l7:27-5.2. The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, and labor unions, that it does not discriminate on the basis of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices. The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions.
BID #18-20 Page 15 of 65
In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions. The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents: 1. Letter of Federal Affirmative Action Plan Approval 2. Certificate of Employee Information Report 3. Employee Information Report Form AA302 (electronically provided by the Division and distributed
to the public agency through the Division’s website at www.state.nj.us/treasury/contract_compliance)
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase & Property, CCAU, EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of Purchase & Property, CCAU, EEO Monitoring Program for conducting a compliance investigation pursuant to N.J.A.C. 17:27-1.1 et seq.
BID #18-20 Page 16 of 65
EEO/AFFIRMATIVE ACTION COMPLIANCE NOTICE N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 et seq.
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance to the County and Division of Public Contracts Equal Employment Opportunity Compliance. During a review, Division representatives will review the County files to determine whether the affirmative action evidence has been submitted by the vendor/contractor. Specifically, each vendor/contractor shall submit to the County, prior to execution of the contract, one of the following documents: Goods and General Service Vendors 1. Letter of Federal Approval indicating that the vendor is under an existing Federally approved or sanctioned affirmative action program. A copy of the approval letter is to be provided by the vendor to the County and the Division. This approval letter is valid for one year from the date of issuance. Do you have a federally-approved or sanctioned EEO/AA program? Yes No If yes, please submit a photostatic copy of such approval. 2. A Certificate of Employee Information Report (hereafter “Certificate”), issued in accordance with N.J.A.C. 17:27-1.1 et seq. The vendor shall provide a copy of the Certificate to the County as evidence of its compliance with the regulations. The Certificate represents the review and approval of the vendor’s Employee Information Report, Form AA-302 by the Division. The period of validity of the Certificate is indicated on its face. Certificates shall be renewed prior to their expiration date in order to remain valid. Do you have a State Certificate of Employee Information Report Approval? Yes No If yes, please submit a photostatic copy of such approval. 3. The successful vendor shall complete an Initial Employee Report, Form AA-302 and submit it to the Division with $150.00 Fee and forward a copy of the Form to the County. Upon submission and review by the Division, this report shall constitute evidence of compliance with the regulations. Prior to execution of the contract, the EEO/AA evidence shall be submitted. The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on the Division website www.state.nj.us/treasury/contract_compliance.
The successful vendor(s) shall submit the AA302 Report to the Division of Public Contracts Equal Employment Opportunity Compliance, with a copy to Public Agency.
The undersigned vendor certifies that he/she is aware of the commitment to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27 and agrees to furnish the required forms of evidence. The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if said contractor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27. COMPANY: ____________________________ SIGNATURE: __________________________ PRINT NAME: __________________________ TITLE: ________________________________ DATE: ____________________
BID #18-20 Page 17 of 65
EXHIBIT F.1 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 et seq.
CONSTRUCTION CONTRACTS During the performance of this contract, the contractor agrees as follows: The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following: employment, up-grading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause. The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer, pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act. When hiring or scheduling workers in each construction trade, the contractor or subcontractor agrees to make good faith efforts to employ minority and women workers in each construction trade consistent with the targeted employment goal prescribed by N.J.A.C. l7:27-7.2; provided, however, that the Department of LWD, Construction EEO Monitoring Program, may, in its discretion, exempt a contractor or subcontractor from compliance with the good faith procedures prescribed by the following provisions, A, B and C, as long as the Department of LWD, Construction EEO Monitoring Program is satisfied that the contractor or subcontractor is employing workers provided by a union which provides evidence, in accordance with standards prescribed by the Department of LWD, Construction EEO Monitoring Program, that its percentage of active "card carrying" members who are minority and women workers is equal to or greater than the targeted employment goal established in accordance with N.J.A.C. l7:27-7.2. The contractor or subcontractor agrees that a good faith effort shall include compliance with the following procedures: (A) If the contractor or subcontractor has a referral agreement or arrangement with a union for a construction trade, the contractor or subcontractor shall, within three business days of the contract award, seek assurances from the union that it will cooperate with the contractor or subcontractor as it fulfills its affirmative action obligations under this contract and in accordance with the rules promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et. seq., as supplemented and amended from time to time and the Americans with Disabilities Act. If the contractor or subcontractor is unable to obtain said assurances from the construction trade union at least five business days prior to
BID #18-20 Page 18 of 65
the commencement of construction work, the contractor or subcontractor agrees to afford equal employment opportunities minority and women workers directly, consistent with this chapter. If the contractor's or subcontractor's prior experience with a construction trade union, regardless of whether the union has provided said assurances, indicates a significant possibility that the trade union will not refer sufficient minority and women workers consistent with affording equal employment opportunities as specified in this chapter, the contractor or subcontractor agrees to be prepared to provide such opportunities minority and women workers directly, consistent with this chapter, by complying with the hiring or scheduling procedures prescribed under (B) below; and the contractor or subcontractor further agrees to take said action immediately if it determines that the union is not referring minority and women workers consistent with the equal employment opportunity goals set forth in this chapter. (B) If good faith efforts to meet targeted employment goals have not or cannot be met for each construction trade by adhering to the procedures of (A) above, or if the contractor does not have a referral agreement or arrangement with a union for a construction trade, the contractor or subcontractor agrees to take the following actions:
(l) To notify the public agency compliance officer, the Department of LWD, Construction EEO Monitoring Program, and minority and women referral organizations listed by the Division pursuant to N.J.A.C. 17:27-5.3, of its workforce needs, and request referral of minority and women workers; (2) To notify any minority and women workers who have been listed with it as awaiting available vacancies; (3) Prior to commencement of work, to request that the local construction trade union refer minority and women workers to fill job openings, provided the contractor or subcontractor has a referral agreement or arrangement with a union for the construction trade; (4) To leave standing requests for additional referral to minority and women workers with the local construction trade union, provided the contractor or subcontractor has a referral agreement or arrangement with a union for the construction trade, the State Training and Employment Service and other approved referral sources in the area;
(5) If it is necessary to lay off some of the workers in a given trade on the construction site, layoffs shall be conducted in compliance with the equal employment opportunity and non-discrimination standards set forth in this regulation, as well as with applicable Federal and State court decisions; (6) To adhere to the following procedure when minority and women workers apply or are referred to the contractor or subcontractor: (i) The contractor or subcontractor shall interview the referred minority or women workers.
(ii) If said individuals have never previously received any document or certification signifying a level of qualification lower than that required in order to perform the work of the construction trade, the contractor or subcontractor shall in good faith determine the qualifications of such individuals. The contractor or subcontractor shall hire or schedule those individuals who satisfy appropriate qualification standards in conformity with the equal employment opportunity and non-discrimination principles set forth in this chapter. However, a contractor or subcontractor shall determine that the individual at least possesses the requisite skills, and experience recognized by a union, apprentice program or a referral agency, provided the referral agency is acceptable to the Department of LWD, Construction EEO Monitoring Program. If necessary, the contractor or subcontractor shall hire or schedule minority and women workers who qualify as trainees pursuant to these rules. All of the requirements, however, are limited by the provisions of (C) below. (iii) The name of any interested women or minority individual shall be maintained on a waiting list, and shall be considered for employment as described in (i) above, whenever vacancies occur. At the request of the Department
BID #18-20 Page 19 of 65
of LWD, Construction EEO Monitoring Program, the contractor or subcontractor shall provide evidence of its good faith efforts to employ women and minorities from the list to fill vacancies. (iv) If, for any reason, said contractor or subcontractor determines that a minority individual or a woman is not qualified or if the individual qualifies as an advanced trainee or apprentice, the contractor or subcontractor shall inform the individual in writing of the reasons for the determination, maintain a copy of the determination in its files, and send a copy to the public agency compliance officer and to the Department of LWD, Construction EEO Monitoring Program. (7) To keep a complete and accurate record of all requests made for the referral of workers in any trade covered by the contract, on forms made available by the Department of LWD, Construction EEO Monitoring Program and submitted promptly to the Department of LWD, Construction EEO Monitoring Program upon request.
(C) The contractor or subcontractor agrees that nothing contained in (B) above shall preclude the contractor or subcontractor from complying with the union hiring hall or apprenticeship policies in any applicable collective bargaining agreement or union hiring hall arrangement, and, where required by custom or agreement, it shall send journeymen and trainees to the union for referral, or to the apprenticeship program for admission, pursuant to such agreement or arrangement. However, where the practices of a union or apprenticeship program will result in the exclusion of minorities and women or the failure to refer minorities and women consistent with the targeted county employment goal, the contractor or subcontractor shall consider for employment persons referred pursuant to (B) above without regard to such agreement or arrangement; provided further, however, that the contractor or subcontractor shall not be required to employ women and minority advanced trainees and trainees in numbers which result in the employment of advanced trainees and trainees as a percentage of the total workforce for the construction trade, which percentage significantly exceeds the apprentice to journey worker ratio specified in the applicable collective bargaining agreement, or in the absence of a collective bargaining agreement, exceeds the ratio established by practice in the area for said construction trade. Also, the contractor or subcontractor agrees that, in implementing the procedures of (B) above, it shall, where applicable, employ minority and women workers residing within the geographical jurisdiction of the union. After notification of award, but prior to signing a construction contract, the contractor shall submit to the public agency compliance officer and the Department of LWD, Construction EEO Monitoring Program an initial project workforce report (Form AA-201) electronically provided to the public agency by the Department of LWD, Construction EEO Monitoring Program, through its website, for distribution to and completion by the contractor, in accordance with N.J.A.C. 17:27-7. The contractor also agrees to submit a copy of the Monthly Project Workforce Report once a month thereafter for the duration of this contract to the Department of LWD, Construction EEO Monitoring Program, and to the public agency compliance officer. The contractor agrees to cooperate with the public agency in the payment of budgeted funds, as is necessary, for on-the-job and/or off-the-job programs for outreach and training of minorities and women.
(D) The contractor and its subcontractors shall furnish such reports or other documents to the Department of LWD, Construction EEO Monitoring Program as may be requested by the Department of LWD, Construction EEO Monitoring Program from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Department of LWD, Construction EEO Monitoring Program for conducting a compliance investigation pursuant to N.J.A.C. 17:27-1.1 et seq.
BID #18-20 Page 20 of 65
AFFIRMATIVE ACTION COMPLIANCE NOTICE N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 et seq.
CONSTRUCTION CONTRACTS
Upon award of a construction contract, the contractor must access Form AA-201, the Initial Project Workforce Report. The Division of Public Contracts Equal Employment Opportunity Compliance has web-enabled Form AA-202, Monthly Project Workforce Report for Construction Contractors. Vendors and contractors may obtain these forms directly from the Division by accessing the following: www.state.nj.us/treasury/contract_compliance. Contractors and vendors are responsible for sending copies of the forms to the County. Proper completion and submission of these reports shall constitute evidence of the contractor’s compliance with the regulations. Failure to submit these forms 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 Division and to the County Compliance Officer. After notification of award, but prior to signing a construction contract the EEO/AA evidence must be submitted. The County shall retain the Affirmative Action evidence in the bid file for review by the Division. All successful Construction Contractors must submit the following as evidence: 1. Complete Form AA-201 (Initial Project Workforce Report). 2. This report must be submitted to the Department of Purchasing after notification of award but prior to
signing a contract. 3. The contractor shall submit Form AA-202 (Monthly Project Workforce Report) to the County and to the
Division of Public Contracts Equal Employment Opportunity Compliance once a month thereafter for the duration of the contract.
The undersigned contractor further understands that his/her bid shall be rejected as non-responsive if said contractor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27. COMPANY: ____________________________ SIGNATURE: __________________________ PRINT NAME: __________________________ TITLE: ________________________________ DATE: __________________________
BID #18-20 Page 21 of 65
EXHIBIT G
AMERICANS WITH DISABILITIES ACT MANDATORY LANGUAGE
Equal Opportunity for Individuals with Disabilities The CONTRACTOR and the OWNER do hereby agree that the provisions of Title II of the Americans With Disabilities Act of 1990 (the “Act”) (42 U.S.C. s12101 et seq.), which Prohibits discrimination on the basis of disability by public entities in all services, programs, and activities provided or made available by public entities, and the rules and regulations promulgated pursuant thereunto, are made a part of this contract. In providing any aid, benefit, or service on behalf of the OWNER pursuant to this contract, the CONTRACTOR agrees that the performance shall be in strict compliance with the Act. In the event that the CONTRACTOR, its agents, servants, employees, or subcontractors violate or are alleged to have violated the Act during the performance of this contract, the CONTRACTOR shall defend the OWNER in any action or administrative proceeding commenced pursuant to this Act. The CONTRACTOR shall indemnify, protect, and save harmless the OWNER, its agents, servants, and employees from and against any and all suits, claims, losses, demands, or damages of whatever kind or nature arising out of or claimed to arise out of the alleged violation. The CONTRACTOR shall, at its own expense, appear, defend, and pay any and all charges for legal services and any and all costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith. In any and all complaints brought pursuant to the OWNER’S grievance procedure, the CONTRACTOR agrees to abide by any decision of the OWNER, which is rendered pursuant to, said grievance procedure. If any action or administrative proceeding results in an award of damages against the OWNER or if the OWNER incurs any expense to cure a violation of the ADA which has been brought pursuant to its grievance procedure, the CONTRACTOR shall satisfy and discharge the same at its own expense. The OWNER shall, as soon as practicable after a claim has been made against it, give written notice thereof to the CONTRACTOR along with full and complete particulars of the claim. If any action or administrative proceeding is brought against the OWNER or any of its agents, servants, and employees, the OWNER shall expeditiously forward or have forwarded to the CONTRACTOR every demand, complaint, notice, summons, pleading, or other process received by the OWNER or its representatives.
It is expressly agreed and understood that any approval by the OWNER of the services provided by the CONTRACTOR pursuant to this contract will not relieve the CONTRACTOR of the obligation to comply with the Act and to defend, indemnify, protect, and save harmless the OWNER pursuant to this paragraph.
It is further agreed and understood that the OWNER assumes no obligation to indemnify or save harmless the CONTRACTOR, its agents, servants, employees and subcontractors for any claim which may arise out of their performance of this Agreement. Furthermore, the CONTRACTOR expressly understands and agrees that the provisions of this indemnification clause shall in no way limit the CONTRACTOR’S obligations assumed in this Agreement, nor shall they be construed to relieve the CONTRACTOR from any liability, nor preclude the OWNER from taking any other actions available to it under any other provisions of this Agreement or otherwise at law.
BID #18-20 Page 22 of 65
EXHIBIT H
CERTIFICATION REGARDING THE DEBARMENT SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
I am _____________________________________ of the firm of ___________________________________, (Your Title) (Name of your Organization) _______________________________________________________________________, (Address of your Organization)
CHOOSE ONE OF THE FOLLOWING
( ) A. I hereby certify on behalf of _________________________________________ (Name of your Organization)
that neither it nor its principals are included on the State Treasurer’s and Economic Development Authority’s or the Federal Government’s List of Debarred, Suspended, or Disqualified Bidders as a result of action taken by any State or Federal Agency.
( ) B. I am unable to certify to any of the statements set forth in this certification. I have
attached an explanation to this form. Subscribed and sworn to Before me this day of ________________ 20______ ____________________________________ (Signature) ___________________________________ ____________________________________ (Signature of Notary Public) (Typed or Printed Name and Title) My Commission expires_______________________ (Month, Day, Year)
BID #18-20 Page 23 of 65
INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this certification, the contracting firm is providing the certification as set out
below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the contracting firm knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government and/or State Government, the County of Cumberland may pursue available remedies including suspension and/or debarment.
3. The contracting firm shall provide immediate written notice to the County of Cumberland if at any time it
learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier covered transaction",
"participant", "person", "primary covered transaction", "principal", and "voluntarily excluded", as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the County for assistance in obtaining a copy of those regulations.
5. The contracting firm agrees by submitting this certification that, should the covered transaction be entered
into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction.
6. The contracting firm further agrees by submitting this certification that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," without modification, in all subcontracts to this agreement as authorized by the County of Cumberland.
BID #18-20 Page 24 of 65
EXHIBIT I
NON-COLLUSION AFFIDAVIT State of _________________________________ ss: County of _______________________________ I, _______________________________________residing in________________________________________ (Name of Affiant) (Name of Municipality)
in the County of _____________________________and the State of ____________________, of full age, being duly sworn according to law on my oath depose and say that: I am ____________________________________ of the firm ________________________________________ (Title or Position) (Name of Firm)
the bidder making the proposal for the above named project, and that I executed the said proposal with full authority so to do; that said bidder has not, directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above named project; and that all statements contained in said proposal and in this affidavit are true and correct, and made with full knowledge that the County of Cumberland in the State of New Jersey relies upon the truth of the statements contained in this affidavit in awarding the contract for the said project. I further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by____________________________________________. (Name of Contractor) (N.J.S.A. 52:34-15). Subscribed and sworn to Before me this day ________________ 20_______ ____________________________________ (Signature of Affiant) ___________________________________ ____________________________________ (Signature of Notary Public) (Typed or Printed Name of Affiant) My Commission expires_______________________ (Month, Day, Year)
BID #18-20 Page 25 of 65
EXHIBIT J
COUNTY OF CUMBERLAND ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA
BIDDER REQUIRED TO COMPLETE AND RETURN FORM WITH BID REGARDLESS OF
WHETHER ADDENDA WERE ISSUED.
FAILURE TO COMPLETE AND RETURN FORM IS A FATAL DEFECT WHICH CANNOT BE CURED AND BID WILL BE REJECTED.
A. Bidder hereby acknowledges receipt of the following Addenda:
Addendum Number Dated Initial
______________________________ ____________ ______
______________________________ ____________ ______
______________________________ ____________ ______
______________________________ ____________ ______
______________________________ ____________ ______
OR: B. Bidder acknowledges to the best of his/her knowledge no addendum has been issued by the County: ________ Dated _____________ Initial ________ Bidder is required to complete, sign and submit form with bid regardless of whether addenda were issued. Failure to complete and return form is a fatal defect which cannot be cured and bid will be rejected. See: N.J.S.A. 40A:11-23.2 By: ________________________________________________________________________ (Print or Type Name of Authorized Individual) Signature: ________________________________________________________________ Title: ______________________________________________________________________
BID #18-20 Page 26 of 65
EXHIBIT K
REQUEST FOR REFERENCE FORM
List three (3) public agencies (other than Cumberland County) presently or previously contracted to whom you provide or have provided the items and/or services as herein specified. Bidders should provide those references
most closely aligned with the type of service/supply requested.
1. Name of Entity_____________________________________________________ Address___________________________________________________________ Contact Name______________________________________________________ Daytime Telephone____________________ Email________________________ 2. Name of Entity_____________________________________________________ Address___________________________________________________________ Contact Name______________________________________________________ Daytime Telephone____________________ Email________________________ 3. Name of Entity_____________________________________________________ Address___________________________________________________________ Contact Name______________________________________________________ Daytime Telephone____________________ Email________________________
BID #18-20 Page 27 of 65
EXHIBIT L
VENDOR INFORMATION SHEET
In order to assure that all future correspondence is directed to the correct address, assure proper ordering, and to expedite future payments, the following information shall be provided with this bid: Name of Business: ________________________________________________________ Correspondence Address, including zip code:
_____________________________________________
_____________________________________________
_____________________________________________
Purchase Order Address, including zip code:
_____________________________________________
_____________________________________________
_____________________________________________
Payment Address, including zip code:
_____________________________________________
_____________________________________________
_____________________________________________
Telephone Number: __________________________________________ Facsimile Number: ___________________________________________
BID #18-20 Page 28 of 65
EXHIBIT M
BIDDERS DATA SHEET AND QUESTIONNAIRE
Please provide the following information
How many years has your company been providing this service? _____________________________________ Has your company ever failed to complete any contract with regard to any of the services herein described? Yes____ No____. If yes, provide details here: ____________________________________________________ ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Has your company ever had a contract terminated for non-performance? Yes___ No . If yes, provide details here: _____________________________________________________________________________________ ____________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Has your company ever been involved in any litigation regarding the provision of the services described herein? Yes No . If yes, provide details here: ____________________________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Name and telephone numbers of personnel who can be contacted if problems or emergencies arise:_____________________________________________________________________________________ _________________________________________________________________________________________ Name and telephone number of an individual who can be contacted at all times if service information is requested: ________________________________________________________________________________ __________________________________________________________________________________________________________
BID #18-20 Page 29 of 65
EXHIBIT N 1) GENERAL INSURANCE REQUIREMENTS
a) The Contractor(s) shall provide and pay for insurance coverage of such type and in such amounts as will completely protect the Contractor and the County, its elected officials, officers, agents, servants employees and assigns against any and all risks of loss (including costs of defense) or liability arising out of this contract.
b) The insurance should be furnished by insurance companies with and "A - (Excellent) VII" or better or
better rating as published in the most recent editions of Best Insurance Key Rating and shall be authorized to conduct business in the State of New Jersey.
c) It is recognized that in some instances that insurance may be acceptable which is underwritten by an
insurance company that is not reported in the BEST GUIDE, or the coverage is extended under a self-insured program. This insurance, or self-insurance, must be in conformity with the rules and regulations of the Commissioner of Insurance of the State of New Jersey. Any insurance or self-insurance of this type is subject to the review and acceptance by the County Risk Manager or the County Counsel. Furthermore written proof of acceptability by the Office of the Commissioner of Insurance may be necessary.
d) The Contractor(s) shall furnish the County with Certificates of Insurance, as shown under “2” Specific
Coverage Requirements, policies for General Liability must be endorsed to include the County of Cumberland, its elected officials, officers, agents, servants, employees and assigns, as an Additional Insured, a copy of ISO Endorsements CG 20 10 is required along with the certificate. The Certificates of Insurance shall set out the types of coverage, the limits of liability and describe the operation by reference to this contract. All of the Contractors deductibles or retention's shall be the sole responsibility of the contractor, those in excess of $10,000 are to be disclosed and are subject to approval by the County. If requested actual policy copies or incurred loss information may be required.
e) The policies and specified limits of coverage must be effective prior to the commencement of work and
must remain in force until final acceptance of the work under the contract. Contracts that involve construction, installation, or maintenance repair must maintain completed operations insurance, endorsing the County as an additional insured for a term of two (2) years beginning on the date of the final acceptance. They also must include a copy of ISO Endorsement CG 20 37, or its equivalent.
f) The Contractor(s) shall obtain, and furnish to the County, certificates of insurance from their
subcontractor(s) or sub subcontractor(s) showing policies in force with coverage and limits as described under these insurance requirements.
g) The Certificate of Insurance with a COPY OF THE ADDITIONAL INSURED ENDORSEMENTS, are
to be signed by a person authorized by the insuring company(s) to bind coverage on its behalf. Neither approval by the County nor failure to disapprove Certificates of Insurance/ furnished by the Contractor shall release the Contractor from full responsibility for all liability including costs of defense. Insurance is required as a measure of protection and the Contractor's liability is not limited thereby.
h) The Certificates of Insurance must be submitted to the County and shall be subject to the review and
approval of the County Counsel or Risk Manager.
BID #18-20 Page 30 of 65
i) If at any time during the term of this contract or any extension thereof, if any of the required policies of insurance should expire, change or be canceled, it will be the responsibility of the Contractor, prior to the expiration, change or cancellation, to furnish to the County a Certificate of Insurance indicating renewal or an acceptable replacement of the policy so that there will be no lapse in any coverage. In the event of interruption of any coverage for any reason, all payments and work under the contract shall cease and not be resumed until coverage has been restored and a current Certificate of Insurance received and approved.
j) Any policy of insurance that is written on a claims made basis shall, under the terms of this contract, be
renewed or the coverage extended for a period of not less than three years and shall provide coverage for the period operations were performed by the contractor. Proof of such extension shall annually be presented to the Risk Manager for the County of Cumberland and indicate the retroactive date of coverage or indicate that all prior acts coverage is provided.
k) Insurance or Risk Funding maintained by the County shall be considered as Excess over Contractors
Insurance. Insurance or Risk Funding Maintained by the County of Cumberland does not provide protection for Contractors liability.
l) Certificates of Insurance and Evidence of Property Forms shall show the Certificate Holder as follows:
COUNTY OF CUMBERLAND ADMINISTRATION BUILDING 164 WEST BROAD STREET BRIDGETON, NJ 08302 ATTN.: David C. DeWoody, Purchasing Agent
m) Certificates of Insurance not reading as above will not be acceptable and will delay contract signature
and/or payment.
n) Questions regarding these insurance requirements may be directed to David C. DeWoody at (856) 453-2132. Certificates for approval may be preliminarily submitted via fax to (856) 451-0967.
2) The following items are the minimum mandatory types of insurance coverage to be carried under the requirements as provided herein, CONTRACTORS INSURANCE REQUIREMENTS:
a) Workers Compensation-Statutory Limits
b) General Liability in a comprehensive form, with minimum limits as follows:
i) Each Occurrence $1,000,000 ii) Personal & Adv. Injury $2,000,000 iii) General Aggregate $3,000,000 iv) Products-Completed Operations Aggregate $2,000,000 v) Employers Liability - with minimum limits of $1,000,000/1,000,000/1,000,000
c) Motor Vehicle Liability Insurance in a comprehensive form, endorsed to include pollution coverage,
with minimum limits of $1,000,000 CSL
BID #18-20 Page 31 of 65
i) Owned Vehicles ii) Hired/Leased Vehicles iii) Non-Owned Vehicles
3) SPECIFIC COVERAGE REQUIREMENTS
a) PROFESSIONAL LIABILITY (Required for this Bid: Yes _______ No X )
(1) During the life of this contract the Contractor shall procure and maintain Professional Liability
Insurance with limits of liability not less than $1,000,000 per claim/$1,000,000 annual aggregate. This insurance shall provide coverage for wrongful acts the contractor is responsible for rendering or failing to render professional services. If coverage is on “claims made” basis, Contractor must maintain comparable coverage and limits for a minimum of four (4) years following the expiration date of said contract.
b) POLLUTION LIABILITY INSURANCE (Required for this Bid: Yes No X )
(1) During the life of this contract the Contractor shall procure and maintain Pollution Liability
Insurance with limits of liability not less than $1,000,000 or $5,000,000 per pollution incident / $3,000,000 or $10,000,000 annual aggregate. This insurance shall provide coverage pollution incidents that cause bodily injury, including death; loss or damage to property, including loss of use of damaged property or of property that has not been physically injured; cleanup and monitoring costs; and costs and expenses incurred in the investigation, defense, or settlement of claims. If coverage is on “claims made” basis, Contractor must maintain comparable coverage and limits for a minimum of four (4) years following the expiration date of said contract.
BID #18-20 Page 32 of 65
EXHIBIT O
LIVING WAGE STATEMENT OF EMPLOYEE WAGES AND BENEFITS
Bidders shall complete this statement and return it with their bid
submission. The successful contractor shall comply with the requirements of Resolution 2002-57 passed and adopted at a regular meeting of the Cumberland County Board of Chosen Freeholders on Thursday, January 17, 2002, with respect to Minimum Hourly Pay and Benefits for Employees of Private Contractors Awarded Contracts for the Supply of Service to the County of Cumberland. See Section 17 entitled Living Wage commencing on Page 36 of this bid package. Will all employees assigned to perform work pursuant to this contract be paid an hourly rate of compensation not less than the Federal poverty level or $8.50 per hour? Yes_____. No_____. Will all employees assigned to perform work pursuant to this contract be covered by an approved health and hospital insurance plan licensed by the New Jersey Department of Banking and Insurance? Yes_____ No_____. If no, will your firm pay said employees at least $2.37 per hour towards the provision of said healthcare benefits? Yes_____. No_____. Will all employees assigned to perform work pursuant to this contract be covered by an approved pension plan licensed by the New Jersey Department of Banking and Insurance? Yes_____ No_____. If no, will your firm pay said employees a minimum of an additional five percent (5.0 %) per hour of their hourly wage? Yes_____. No_____. If your firm will not be providing health and hospital insurance coverage and an approved pension plan as described above, will it pay a minimum hourly rate of not less than $11.30? Yes_____. No_____. Name of Company: _______________________________________________________ Printed Name: ___________________________________________________________ Signature: ___________________________________________ Date: ______________
BID #18-20 Page 33 of 65
EXHIBIT P
STATE OF NEW JERSEY DIVISION OF PURCHASE AND PROPERTY DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
Bid/RFP Number ______________________ Bidder/Offeror: ___________________________________________ PART 1: CERTIFICATION. BIDDERS MUST COMPLETE PART 1 BY CHECKING EITHER BOX. FAILURE TO CHECK ONE OF THE BOXES WILL RENDER THE PROPOSAL NON-RESPONSIVE.
Pursuant to Public Law 2012, c. 25, any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest, under penalty of perjury, that neither the person or entity, or one of the person or entity's parents, subsidiaries, or affiliates, is identified on the Department of the Treasury;s Chapter 25 list as a person or entity engaging in investment activities in Iran. The Chapter 25 list is found on the Division’s website at
http://www.state.nj.us/treasury/purchase/pdf/Chapter25List..pdf. Bidders must review this list prior to completing the below certification. Failure to
complete the certification will render a bidder’s proposal non-responsive. If the Director finds a person or entity to be in violation of the principles which are the subject of this law, s/he shall take action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the person or entity. PLEASE CHECK THE APPROPRIATE BOX:
o I certify, pursuant to Public Law 2012, c. 25, that neither the bidder listed above nor any of the bidder’s parents, subsidiaries, or affiliates is listed on the N.J. Department of the Treasury’s list of entities determined to be engaged in prohibited activities in Iran pursuant to P.L. 2012, c.25 (“Chapter 25 List”). I further certify that I am the person listed above, or I am an officer or representative of the entity listed above and am authorized to make this certification of its behalf.
OR
o I am unable to certify as above because the bidder and/or one or more of its parents, subsidiaries, or affiliates is listed on the Department’s Chapter 25 list. I will provide a detailed, accurate and precise description of the activities in Part 2 below and sign and complete the certification below. Failure to provide such will result in the proposal being rendered as non-responsive and appropriate penalties, fines and/or sanctions will be assessed as provided by law.
____________________________________________________________________________________________________________________
PART 2: PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN You must provide a detailed, accurate and precise description of the activities of the bidding person/entity, or one of its parents, subsidies or affiliates, engaging in the investment activities in Iran outlined above by completing the section below. Add additional sheets if necessary to report additional activities.
Name of Entity: ____________________________________ Relationship to Bidder: ____________________________________
Description of Activities: _____________________________________________________________________________________
_________________________________________________________________________________________________________
Duration of Engagement: _______________________________________ Anticipated Cessation Date: _______________________
Bidder/Offeror Contact Name: ______________________________________ Contact Phone: _____________________________
BID #18-20 Page 34 of 65
(EXHIBIT P continued)
Certification: I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any attachments thereto to the best of my knowledge are true and complete. I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity. I acknowledge that the County of Cumberland is relying on the information contained herein and thereby acknowledge that 1 am under a continuing obligation from the date of this certification through the completion of any contracts with the County to notify the County in writing of any changes to the answers of information contained herein. I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with the County of Cumberland and that the County at its option may declare any contract(s) resulting from this certification void and unenforceable.
Full Name: _______________________________________________ Signature: ________________________________________ Title: ____________________________________________________ Date: ____________________________________________
BID #18-20 Page 35 of 65
EXHIBIT Q
LIST OF PRIME SUBCONTRACTORS
In the event any of the below listed categories is applicable to this bid/project, the County shall indicate so for that particular category of work; the bidder shall be required to provide all information for that particular category of work. In the event any of the below listed categories is not applicable to this bid/project, the County shall indicate so for that particular category of work; the bidder shall not be required to provide any information for that particular category of work. If the bidder will not be using a subcontractor for a particular category of work that is applicable to this bid/project, the bidder shall indicate so by writing the word “None” for that particular category of work. If the bidder will complete this area of work you shall indicate so by writing “In-House”. Failure to provide this information with your bid submission shall cause your bid to be rejected. In accordance with N.J.S.A. 40A:11-16, if the general contractor intends to use specialized sub-prime contractors (plumbing, HVAC, electrical, structural steel) on this project, the bidder must submit with their bid the name, address and telephone number of each prime subcontractor. I, or we_______________________________________________________ (Name of Company) in compliance with Section 16 of P.L. 1971 c (C.14A11-16), as amended by P.L. 1997, c 408, adopted January 19, 1998, hereby certify that I/we will employ the following prime subcontractors for this project: 1. Category of Work: Plumbing and Gas Fitting and all Kindred Work
(Required for this Bid: Yes _____ ____No ____X _____)
Name/Address of Subcontractor: _______________________________ _______________________________ _______________________________
Telephone Number: _______________________________ 2. Category of Work: Steam Power Plants, Steam and Hot Water Heating and Ventilating Apparatus, and all
Kindred Work
(Required for this Bid: Yes ____ _____ No ____ X ____) Name/Address of Subcontractor: _______________________________ _______________________________ _______________________________
Telephone Number: _______________________________
BID #18-20 Page 36 of 65
3. Category of Work: Electrical Work (Required for this Bid: Yes _____X _____ No ____ _ __)
Name/Address of Subcontractor: _______________________________ _______________________________ _______________________________ Telephone Number: _______________________________ 4. Category of Work: Structural Steel and Ornamental Iron Work
(Required for this Bid: Yes ____ _____ No _____X ____) Name/Address of Subcontractor: _______________________________ _______________________________ _______________________________ Telephone Number: _______________________________ Bidders are hereby reminded that in the event any of the above listed categories is applicable to this bid/project, the County shall indicate so for that particular category of work and the bidder shall be required to provide all information for that particular category of work. Bidders are hereby reminded that in the event any of the above listed categories is not applicable to this bid/project, the County shall indicate so for that particular category of work and the bidder shall not be required to provide any information for that particular category of work. Bidders are hereby reminded that if you will not be using a subcontractor for a particular category of work that is applicable to this bid/project, you shall indicate so by writing the word “None” for that particular category of work. If the bidder will complete this area of work you shall indicate so by writing “In-House”. Bidders are hereby reminded that failure to provide this information with your bid submission shall cause your bid to be rejected. ____________________________________________________ (Contracting Company Name) By: _________________________________________________ (Signature) Print Name: __________________________________________ Title: _______________________________________________
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(EXHIBIT R)
EQUIPMENT CERTIFICATION
The undersigned Bidder hereby certifies as follows:
The bidder owns or controls all the necessary equipment required to accomplish the work described in the specifications.
Name of Bidder: ___________________________________
By: ___________________________________
(Signature)
Name of above: __________________________________________ (Print)
Title: __________________________
Date:________________________
END OF EXHIBITS
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COUNTY OF CUMBERLAND, NEW JERSEY
GENERAL INSTRUCTIONS AND CONDITIONS 1. BID SUBMISSION
Bids shall be submitted on the Bid Form supplied herewith and all pages of this Bid Package, including the necessary forms to be signed, must be returned with the bid. Failure to do so may be cause for rejection of the bid. Bids shall be returned in sealed envelopes addressed to: Office of the Purchasing Agent Cumberland County Administration Building 164 West Broad Street Bridgeton, New Jersey 08302 It shall be the responsibility of the respondent to insure that their complete bid submission is delivered to the location and at the date and time listed herein. The County accepts no responsibility for bids that are not delivered to the location and/or at the date and time listed herein. The envelope shall be prominently marked: BID FOR PROVIDING PREVENTATIVE MAINTENANCE AND REPAIR SERVICES FOR LIFT STATION PUMPS AT VARIOUS CUMBERLAND COUNTY LOCATIONS, BID #18-20. The County accepts no liability for bids opened or unopened in error due to the absence of such prominent notation.
2. BID CHECKLIST The items and/or forms required herein shall be reviewed and submitted with your bid. Every effort is made to ensure this checklist is fully complete in scope and is provided for informational purposes as all required documentation may not be listed therein. It shall be the responsibility of the bidder to carefully review and familiarize themselves with the complete bid package and provide those documents that are required.
3. OFFICIAL BID SHEET (Required on all Bids) Bidders are hereby strongly cautioned against changing, altering or modifying the format of the Official Bid Sheet. All requested information shall be provided in the format established therein. Bidders who change, alter or modify the Official Bid Sheet may have their bid rejected as non-responsive.
4. STATEMENT OF AUTHORITY (Required on all Bids) The bid must be signed by a Company Officer in order to be accepted by the County as a valid bid. Failure to sign the bid shall cause the bid submission to be rejected as non-responsive.
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5. BID EXCEPTIONS FORM (Required on all Bids) Exceptions, if any, to the bid specifications, shall be noted and described in the exhibit provided herein. Note that bids received without any exceptions noted and described below shall be assumed to be in complete compliance with the bid specifications.
6. BID GUARANTEE (Required for this bid: Yes No X )
When required, a bid bond (sample provided as exhibit), cashier's check, or certified check payable to the County of Cumberland, for ten (10) percent of the total amount of the bid, but not to exceed $20,000.00, shall accompany each bid. The bid security shall be subject to forfeit and retention by the County of Cumberland in lieu of other legal remedies, should a successful bidder fail to execute a contract and provide a performance bond, if required, within ten (10) days after the County has tendered a contract The check or bond of the unsuccessful bidder(s) shall be returned as prescribed by law. The check or bond of the bidder to whom the contract is awarded shall be retained until a contract is executed and the required performance bond or other security is submitted.
7. STATEMENT OF CORPORATE OWNERSHIP
(Required on all Bids) No corporation or partnership may be awarded a contract for the performance of work or the furnishing of materials or supplies, unless it lists with its bid, or prior thereto, the names and addresses of all stockholders who own ten (10) percent or more of its stock of any class, or all individual partners who own a ten (10) percent or greater interest therein (P.L. 1977, Chapter 33, as amended by P.L. 2016, C. 43, N.J.S.A. 52:25-24.2 Corporate Disclosure).
8. AFFIRMATIVE ACTION REQUIREMENTS (Required on all Bids) The successful bidder shall adhere to the mandatory affirmative action language required by P.L. 1975, c.127 (N.J.A.C. 17:27) and N.J.S.A. 10:5-31 et seq. For construction contracts, the above-referenced mandatory language shall be that set forth herein.
9. AMERICANS WITH DISABILITIES ACT LANGUAGE (Required on all Bids) As provided herein, and as provided in the bid checklist, the CONTRACTOR and the OWNER do hereby agree that the provisions of Title II of the Americans With Disabilities Act of 1990 (the “Act”) (42 U.S.C. s12101 et seq.) are affirmed as a condition of this bid and subsequent contract as appropriate.
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10. CERTIFICATION REGARDING DEBARMENT (Required on all Bids) By signing and submitting this exhibit the contractor affirms certification of compliance with the conditions as provided in the exhibit and instructions.
11. NON-COLLUSION AFFIDAVIT (Required on all Bids) By signing and submitting this exhibit the contractor affirms certification of compliance with the conditions as provided in the exhibit and instructions.
12. ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA (Required on all Bids) Bidder is required to enter each addendum, date issued, and initial receipt of same or signify that no addenda were issued as indicated on the exhibit.
13. REQUEST FOR REFERENCES FORM (Required for this bid: Yes X No ) Bidders shall complete and include with their bid submission the Request for Reference as provided in the exhibit. Bidders should provide those references most closely aligned with the type of service/supply requested and like governmental agency.
14. VENDOR INFORMATION SHEET (Required on all Bids) In order to assure that all future correspondence is directed to the correct address, assure proper ordering, and to expedite future payments vendors are required to complete this exhibit.
15. BIDDERS DATA SHEET AND QUESTIONNAIRE (Required for this bid: Yes X No ) Bidders shall complete and include with their bid submission the questionnaire as provided in the exhibit.
16. NEW JERSEY BUSINESS REGISTRATION (Required on all Bids) Effective September 1, 2004, P.L. 2004, c. 57 expands the State Contractor Business Registration Program to contracting units as defined in the Local Public Contracts Law. (see attached sample Business Registration Certificate). Effective January 18, 2010, P.L. 2009, c.315 revises the State
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Contractor Business Registration requirement and permits filing a BRC prior to award of contracts if not filed with bid or RFP. ALL BIDDERS (AND THEIR SUBCONTRACTORS) COMPETING FOR COUNTY CONTRACTS MUST PROVIDE A COPY OF THEIR BUSINESS REGISTRATION CERTIFICATE BY THE DATE THE BID OR RFP IS AWARDED. FAILURE TO DO SO WILL RESULT IN A REJECTION OF YOUR BID OR RFP. Questions regarding this law may be directed to the New Jersey Department of Taxation. To obtain a Business Registration Certificate go to: www.state.nj.us/treasury/revenue Click on: Business Registration & Formation. Click on: Obtain a certificate of registration. Click on: Obtain a certificate online.
The County of Cumberland strongly recommends that all vendors provide their BRC (and BRC’s for each subcontractor) with submission of bids or RFP’s.
Sample
17. CONTRACTORS INSURANCE REQUIREMENTS
The County of Cumberland requirements and types of insurance coverage(s) to be carried by the vendor are provided in Exhibit N. Documentation must be provided with executed contract documents.
18. LIVING WAGE STATEMENT OF EMPLOYEE BENEFITS (Required for this bid: Yes X No )
The successful contractor shall comply with the requirements of Resolution 2002-57 passed and adopted at a regular meeting of the Cumberland County Board of Chosen Freeholders on Thursday, January 17, 2002.
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Minimum Hourly Pay and Benefits for Certain Employees of Private Contractors Awarded Contracts for the Supply of Service to the County of Cumberland: A. All employees assigned to work performed pursuant to contracts awarded on behalf of the County of Cumberland shall be paid at an hourly rate of compensation not less than the greater of the Federal poverty level in effect at the time the contract is bid or $8.50 per hour. B. All employees assigned to work performed pursuant to contracts awarded on behalf of the County of Cumberland shall be covered by an approved health and hospital insurance plan licensed by the New Jersey Department of Banking and Insurance, and an approved pension plan. C. In lieu of providing health and hospital insurance coverage to its employees, the contractor shall pay to its employees at least $2.37 per hour towards the provision of healthcare benefits for employees. This health benefits supplement shall be raised in proportion to the annual increase, if any, in the Consumer Price Index for all urban consumers for the Philadelphia, PA-NJ PMSA for medical care over the preceding year. D. In lieu of providing an approved pension plan to its employees, the contractor shall pay to its employees a minimum of an additional five (5.0%) percent per hour of their hourly wage. E. A statement of employee wages and benefits must be completed and submitted as a material requirement of the bid in order for the bid to be accepted. This statement shall include a listing of the lowest hourly wage paid to your workers. You shall also, indicate whether or not you will provide health insurance and pension benefits. If you do not provide health insurance and pension benefits your minimum hourly rate shall be $11.30 F. The County of Cumberland may refuse to award a contract to a person or entity submitting a bid if that person or entity has filed or submitted false information, or failed to file or submit the information required by these regulations. Upon the award of a contract on a bid the County of Cumberland may require further proof of compliance with the standards set forth in these regulations. Upon request, the contractor shall make all relevant records available to the County or its designee. G. Failure to provide the aforesaid information shall constitute a violation resulting in the withholding of funds due to the contractor until such time as the information is provided. Submission of inaccurate, false, misleading or fraudulent information shall also constitute a violation of the ordinance and result in the withholding of funds due to the contractor and disqualification from consideration for future contracts. H. These regulations shall not be construed as preventing any employer from providing rates of pay or benefits which are higher than those required by these regulations, diminishing the responsibilities of a public body or an employer under the provisions of any other law, or impairing any provision of an existing collective bargaining agreement. I. These regulations shall not apply to construction contracts that are subject to any prevailing wage laws or regulations, contracts for the provision of goods only, contracts awarded to work-study or cooperative educational programs, or contracts awarded for youth or job training programs.
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19. DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
(Required on all Bids) Pursuant to N.J.S.A. 52:32-58, the bidder must utilize this Disclosure of Investment Activities in Iran form to certify that neither the bidder, nor one of its parents, subsidiaries, and/or affiliates (as defined in N.J.S.A. 52:32-56(e)(3)), is listed on the Department of the Treasury’s List of Persons or Entities Engaging in Prohibited Investment Activities in Iran and that neither the bidder, nor one of its parents, subsidiaries, and/or affiliates, is involved in any of the investment activities set forth in N.J.S.A. 52:32-56(f). If the bidder is unable to so certify, the bidder shall provide a detailed and precise description of such activities as directed on the form. A bidder’s failure to submit the completed and signed form with its proposal will result in the rejection of the proposal as nonresponsive and preclude the award of a contract to said bidder.
20. NOTICE OF CLASSIFICATION
(Required for this Bid: Yes X No ) When yes is checked, the bidders are required to submit with their bid package, a copy of their Division of Property Management and Construction Notice of Classification.
Bidders are hereby notified that they must include with their bid submission a copy of their Division of Property Management and Construction Notice of Classification for themselves and each of the named prime subcontractors. This documentation is required for the bidder and the named prime sub-contractors.
21. UNCOMPLETED CONTRACTS (Required for this Bid: Yes X No )
When yes is checked, the bidders are required to submit with their bid package, a copy of their Division of Property Management and Construction Total Amount of Uncompleted Contracts.
Bidders are hereby notified that they must include with their bid submission a copy of their Division of Property Management and Construction Total Amount of Uncompleted Contracts for themselves and each named prime subcontractor. This documentation is required for the bidder and the named prime sub-contractors.
22. LIST OF PRIME SUBCONTRACTORS
(Required for this Bid: Yes X No )
22.1 Disclosure of Subcontractors.
22.1.1 Bidders must list in Exhibit Q, all subcontractors that they intend to use in the specialty trade categories of: Plumbing and All Kindred Work; HVAC and All Kindred Work; Electrical Work; and Structural Steel, as required to be listed by N.J.S.A. 40A:11-16. FAILURE TO LIST THESE REQUIRED SUBCONTRACTORS SHALL BE CAUSE FOR REJECTION OF
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BID. Bidders with questions regarding this process should consult their counsel.
22.1.2 Substitution of subcontractors shall be permitted only in cases of impossibility, e.g., the death of the subcontractor or where the subcontractor goes out of business.
22.1.3 The bidder’s proposal will be rejected if the subcontractors listed do not comply with the requirements for the designated work tasks.
22.1.4 A general contractor that intends to utilize a specific subcontractor to perform work in one or
more of the above-referenced specialty trade categories set forth in N.J.S.A. 40A:11-16, (See Exhibit Q) shall provide the required information with regard to that subcontractor in the appropriate spaces for each specialty trade category applicable to the contract.
A general contractor that intends to perform work in one or more of the above-referenced specialty trade categories set forth in N.J.S.A. 40A:11-16 (See Exhibit Q) through the use of its own employees or the general contractor himself rather than through utilization of a subcontractor shall write the word “In-House” next to each applicable category and then insert the name, and the license number where required, of each such employee of the general contractor or the general contractor himself in the appropriate spaces for each specialty trade category applicable to the contract. If the contract does not involve any of the above-referenced specialty trade categories set forth in N.J.S.A. 40A:11-16, the contractor shall insert the word “None” in each appropriate space provided.
22.1.5 In the event that the bidder proposes to perform plumbing, gas fitting and all kindred work
with its own personnel, it shall follow the requirements of N.J.S.A. 45:14C-1 et seq. and N.J.A.C. 13:32-1.1 et seq.
22.1.6 In the event that the bidder proposes to perform electrical work with its own personnel, it shall follow the requirements of N.J.S.A. 45:5A-1 et seq. and N.J.A.C. 13:31-1.1 et seq.
23. EQUIPMENT CERTIFICATION
(Required for this Bid: Yes X No ) Contractor is certifying the availability of the appropriate equipment to provide the specified services.
24. RESERVATIONS
Contracts shall be awarded to the lowest responsive and responsible bidder. The Board of Chosen Freeholders reserves the right to reject any and all bids and to waive minor discrepancies therein. The Board of Chosen Freeholders also reserves the right to split bids, award individual items, or to award groups of items and categories of items. Vendor bid packages shall be evaluated by the Director of Purchasing and the Public Works Director. The County of Cumberland reserves the right to reject any and all bids, if, in the opinion of the evaluation committee, the vendor proposals do not completely and fully satisfy the criteria set forth herein.
25. QUANTITY Unless otherwise specified on the Bid Form or in the Special Instructions for individual classes of
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commodities, the quantities listed are approximate only, and the County and its participating cooperative members do not guarantee to purchase any definite, minimum, or maximum quantities.
26. TIME FOR MAKING AWARDS The County of Cumberland normally awards contracts or rejects all bids within thirty (30) days, but in no case more than sixty (60) days. Exceptions to this schedule shall be in accordance with N.J.S.A. 40A:11-24, which provides that bidders, at the request of the contracting unit, may agree to have their bids held for consideration for a longer period.
27. INDEMNIFICATION Bidders shall agree, if awarded a contract, that they will indemnify and save harmless the County from all suits and actions of every nature and description brought against it, growing out of that contract, or contracts, written or verbal, entered into between the County and the successful bidder(s), and further that upon the awarding of the contract in accordance with these specifications, this indemnification agreement shall automatically become effective with respect to any work performed by the contractor.
28. PRICES Carelessness in quoting prices or in preparation of the bid otherwise shall not relieve the bidder. Bid prices shall be net, including any charges for packing, crating, containers, etc. All transportation charges shall be fully prepaid by the contractor, F.O.B. destination and placement at locations specified by the County of Cumberland. No additional charges will be allowed for any transportation costs resulting from partial shipments made at the contractor's convenience. The vendor shall guarantee any or all materials and services supplied under these specifications. Defective or inferior items shall be replaced at the expense of the vendor. In the case of rejected materials, the vendor shall be responsible for return freight charges. All discounts shall be deducted except the discount for prompt payment of an invoice, if offered.
29. TAXES The County is exempt from all Federal and State Taxes.
30. QUESTIONS
Questions concerning this bid shall be directed in writing to the Cumberland County Purchasing Department, Attention: David C. DeWoody, Purchasing Agent, either by facsimile at (856) 451-0967 or by email at [email protected]. and cc: [email protected]. Last day for questions is Wednesday, April 11, 2018 at 12:00 p.m. Questions received after this date will not be answered.
31. ITEMS BID No bidder will be allowed to offer more than one price on each item even though he may feel that he has two (2) or more types/products that will meet the specifications. Bidders must determine for themselves
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which type/product to offer. If said bidder should submit more than one price on any item, all prices for the item shall be rejected. If the amount shown in words and its equivalent in words do not agree, the written words shall be binding. Ditto marks are not considered writing or printing and shall not be used. In the event that there is a discrepancy between the unit prices and the extended totals, the unit prices shall prevail. In the event there is an error in the summation of the extended totals, the computation by the County of Cumberland of the extended totals shall govern.
32. ASSIGNMENT The successful bidder shall not assign, transfer, convey, sublet, or otherwise dispose of the contract or any part thereof to anyone without written consent of the County.
33. RETURN OF CONTRACT Non-performance by the successful bidder, or his failure to execute the contract or meet the performance bond requirements within ten (10) days after the award, may result, at the option of the County, in his bid security being forfeited to the County as liquidated damages and not as a penalty.
34. DIFFERENCES The County may, after bids are opened, request from any vendor, clarification of any statement or information contained in their bid. Should any differences arise between the contracting parties as to the meaning or intent of these Instructions or Specifications, the County Purchasing Agent or his designated representative's decision shall be final and conclusive.
35. ADDITIONAL CLAIMS The successful bidder agrees that he will make no claim for additional payment or any other concession because of any misinterpretation or misunderstanding of the contract on his part, or of any failure to fully acquaint himself with any conditions related to the contract.
36. ORAL INSTRUCTIONS Each and every request for interpretation of these specifications shall be made in writing, addressed and forwarded to the Cumberland County Purchasing Agent, who may send written instructions to the bidders in the form of addenda. Written questions and requests for interpretation of these specifications may also be faxed to the Purchasing Department at (856) 451-0967. If addenda are issued, bidders shall acknowledge receipt of such on the form provided within this bid document, entitled “Acknowledgment of Receipt of Addenda, EXHIBIT J”, and must return this form with their bid submission. Neither the County of Cumberland nor their authorized representatives will be responsible in any way for oral answers unconfirmed in writing to any inquiries regarding the intent or meaning of these specifications.
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37. STANDARD CONTRACT The successful bidder will be required to sign and execute the County's standard contract. This contract, along with other documents required for the award of contract, must be executed by the successful bidder and returned to the Cumberland County Purchasing Department within ten (10) days after receipt by the successful bidder. Should the bidder to whom the contract is awarded fail to enter into enter into an agreement with the County for the reasons stated herein, and within the time limitations stated herein, the County may then, at its option, accept the bid of the next lowest responsible bidder. A copy of this contract is available for your review in the Cumberland County Purchasing Department.
38. NEW JERSEY LAWS These specifications, instructions to bidders, and all accompanying documents, the bid and contract(s) awarded to the successful bidder(s) shall be construed in accordance with the laws of the State of New Jersey.
39. FACSIMILE BIDS Be advised that facsimile transmissions of any of the required bid documents will not be acceptable and your bid will be declared non-responsive.
40. BRAND NAMES Brand names or descriptions used in this specification are to acquaint bidders with the type of commodity desired and will be used as a standard by which alternate or competitive materials offered will be judged. Where a brand name, trade name, or other reference using a manufacturer's name or terms appears, it is intended to be a guide referring to a specific quality, grade, style, or size. A product of equal quality will be considered, but must be designated in accordance with the conditions specified in Section 9, Exceptions to Specifications. For the purpose of evaluation, where an equivalent product is being bid, the bidder must indicate, no matter how slight, any variations from the items specified. If no variations are noted it will be construed that the bid fully conforms to the specifications in every instance. The decision by the Cumberland County Purchasing Agent for the County of Cumberland as to whether a bid alternative or substitute is in fact equal, shall be final and without recourse. Bid proposals shall be submitted based upon the written specification and any legal addenda thereto contained in this specification, and such written specifications and legal addenda shall be considered as the minimum requirements. Failure to meet these minimum requirements shall be grounds for rejection of the vendor's bid.
41. TIE BIDS The County reserves the right to award at their discretion to any one of the tie bidders all factors considered.
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42. MAILED BIDS Bids may be hand delivered or mailed as per legal notice to bidders. In the case of mailed bids, the County assumes no responsibility for bids received after the designated date and time. Late bids will not be considered.
43. NEW JERSEY WORKER AND COMMUNITY RIGHT TO KNOW ACT All direct use containers shall bear a label indicating the chemical name(s) and Chemical Abstracts Service number(s) of all hazardous substances in the container, and all other substances which are among the five most predominant substances in the container, or their trade secret registry number(s). (N.J.A.C. 8:59-5) or adhere to the requirements of The Globally Harmonized System of Classification and Labeling of Chemicals (GHS) and the U.S. Occupational Safety and Health Administration (OSHA) Hazard Communication Standard (HCS) as outlined in the Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations as adopted in final rule by DEPARTMENT OF LABOR, Occupational Safety and Health Administration, 29 CFR Parts 1910, 1915, and 1926, [Docket No. OSHA–H022K–2006–0062, (formerly Docket No. H022K)], RIN 1218–AC20, Hazard Communication.
44. ALTERNATIVE DISPUTE RESOLUTION
For construction contracts, as defined in N.J.S.A. 40A:11-50, disputes arising under the contract shall be submitted to mediation or non-binding arbitration pursuant to industry standards prior to being submitted to a court for adjudication.
45. TERMINATION FOR DEFAULT The contractor's right to perform this contract may be terminated by the County in the event services are not performed as called for in the contract. Thereafter, the County may have the service performed by others and the Contractor shall be liable for all costs to the County in excess of the contract price for the remaining portion of the contract.
46. TERMINATION FOR CONVENIENCE If the County elects to terminate this contract, written notice will be given at least thirty (30) days in advance of the effective date. The contractor will be paid for all labor and material provided as of the termination date. No consideration will be given for the loss of anticipated revenue on the canceled portion of the contract.
47. CANCELLATION FOR UNAPPROPRIATED FUNDS OR LACK OF CERTIFIED FUNDS
The obligation of the County of Cumberland for payment to the vendor under terms of this or successor contracts is limited to the availability of funds appropriated in the current fiscal period. Continuation of the contract into a subsequent fiscal period is subject to appropriation of funds by the Cumberland County Board of Chosen Freeholders. This contract is also limited to the amount of certified available funding specified in the resolution awarding the work or contract to the successful bidder unless that amount is increased by the Board of Chosen Freeholders as may be required from time to time. The contractor is not authorized to exceed that amount unless authorized by the Board of Chosen Freeholders.
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48. WITHDRAWAL OF BIDS A written request for the withdrawal of a bid will be granted if received by the County Purchasing Agent before any bid has been opened. A bid cannot be withdrawn after the time set for receiving the bids except by written consent of both parties.
49. N.J. P.L. 2005, C.271 REQUIREMENTS The bidder/contractor is hereby advised of the responsibility to file an annual disclosure statement on political contributions with the New Jersey Election Law Enforcement Commission pursuant to N.J.S.A. 19:44A-20.13 (P.L. 2005, c. 271, s.3) if the contractor receives contracts in excess of $50,000.00 from public entities in a calendar year. It is the contractor’s responsibility to determine if filing is necessary. Additional information on this requirement is available from ELEC at (888) 313-3532 or at www.elec.state.nj.us.
50. SPECIFICATION CHALLENGE Any prospective bidder who wishes to challenge a bid specification shall file such challenge in writing with the Cumberland County Director of Purchasing no less than three (3) business days prior to the opening of the bids. Challenges filed after that time shall be considered void and having no impact on the contracting unit or the award of a contract; N.J.S.A. 40A: 11-13 (e).
51. PAYMENTS County of Cumberland purchases, payment for delivery of services will be made within seven (7) days following the next regular monthly meeting of the Board of Chosen Freeholders subsequent to said delivery. Bills are to be presented to the various institutions (in duplicate,) on County billing forms on or before the third day of the month after delivery of the products is made. The County shall not be obligated to pay any fees for late submission of payments.
52. PROMPT PAYMENT ACT
Contracts consisting of quotes, Purchase Orders, and bids, for the improvement of real property and related design professional contracts are subject to the prompt payment provisions of C. 2A: 30A-1, et seq., as amended (P.L. 2006, c. 96).
53. RETAINAGE
With respect to any contract entered into by a contracting unit, the total price of which exceeds $100,000.00, pursuant to N.J.S.A. 40A:11-16.2 (section 1 of P.L. 1979, c. 464) the County shall
withhold 2% of the amount due on each partial payment pending completion of the contract. 54. CONTRACT RECORDS
As per N.J.A.C. 17:44-2.2; Vendor shall maintain all documentation related to products, transactions, or services under this contract for a period of 5 years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon request.
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55. DIFFERING SITE CONDITIONS In the event that the contractor encounters differing site conditions or changed conditions on the contract site, then the following provisions shall apply:
(1) If the contractor encounters differing site conditions during the progress of the work of the contract, the contractor shall promptly notify the contracting unit in writing of the specific differing site conditions encountered before the site is further disturbed and before any additional work is performed in the impacted area.
(2) Upon receipt of a differing site conditions notice in accordance with paragraph (1) above, or upon the County otherwise learning of differing site conditions, the County shall promptly undertake an investigation to determine whether differing site conditions are present.
(3) If the County determines differing site conditions that may result in additional costs or delays to
exist, the county shall provide prompt written notice to the contractor containing directions on how to proceed.
(4) The County agrees that it shall make a equitable adjustment to the contract price and the contract
completion date for increased costs and delays resulting from the agreed upon differing site conditions encountered by the contractor.
(5) If both the contractor and the County agree that the contracting unit’s investigation and directions
decrease the contractor’s costs or time of performance, the County shall be entitled to a fair and equitable downward adjustment of the contract price or time of performance.
(6) If the County determines that there are no differing site conditions present that would result in
additional costs or delays, the County shall so advise the contractor, in writing, and the contractor shall resume performance of the contract, and shall be entitled to pursue a differing site conditions claim against the County for additional compensation or time attributable to the alleged differing site conditions.
(7) The execution of the contract between the County and the contractor shall constitute a representation
that the contractor has visited the site and has become generally familiar with the local conditions under which the work is to be performed.
(8) Differing site conditions shall mean physical conditions at the contract work site that are subsurface
or otherwise concealed and which differ materially from those indicated in the contract documents, or are of such an unusual nature that the conditions differ materially from those ordinarily encountered and generally recognized as inherent in the work of the character provided for in the contract.
56. SUSPENSION OF WORK
(1) The County agrees to provide written notice to the contractor in advance of any suspension of work lasting more than ten (10) calendar days of the performance of all
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or any portion of the work of the contract.
(2) If the performance of all or any portion of the work of the contract is suspended by the County for more than ten (10) calendar days due to no fault of the contractor or as a consequence of an occurrence beyond the County’s control, the contractor shall be entitled to compensation for any resultant delay to the project completion or additional contractor expenses, and to an extension of time, provided that, to the extent feasible, the contractor, within ten (10) calendar days following the conclusion of the suspension, notifies the County, in writing, of the nature and extent of the suspension of work. The notice shall include available supporting information, which information may thereafter be supplemented by the contractor as needed and as may be reasonably requested by the county. Whenever a work suspension exceeds sixty (60) days, upon seven (7) days’ written notice, either party to this agreement shall have the option to terminate the contract for cause and to be fairly and equitably compensated therefor.
(3) Upon receipt of the contractor’s suspension of work notice in accordance with paragraph (2) of this
section, the County shall promptly evaluate the contractor’s notice and promptly advise the contractor of its determination on how to proceed in writing.
(4) (a) If the County determines that the contractor is entitled to additional compensation or time, the
County shall make a fair and equitable upward adjustment to the contract price and contract completion date.
(b) If the County determines that the contractor is not entitled to additional compensation or time, the contractor shall proceed with the performance of the contract work, and shall be entitled to pursue a suspension of work claim against the County for additional compensation or time attributable to the suspension.
(5) Failure of the contractor to provide timely notice of a suspension of work shall result in a waiver of a claim if the County can prove by clear and convincing evidence that the lack of notice or delayed notice by the contractor actually prejudiced the County’s ability to adequately investigate and defend against the claim.
57. CHANGE IN CHARACTER OF WORK PROVISIONS
(1) If the contractor believes that a change directive by the County results in a material change to the contract work, the contractor shall so notify the County in writing. The contractor shall continue to perform all work on the project that is not the subject of the notice.
(2) Upon receipt of the contractor’s change in character notice in accordance with paragraph (1) above, the county shall promptly evaluate the contractor’s notice and promptly advise the contractor of its determination on how to proceed in writing.
(3) (a) If the County determines that a change to the contractor’s work caused or directed by the County
materially changes the character of any aspect of the contract work, the County shall make a fair and equitable upward adjustment to the contract price and contract completion date. The basis for any such price adjustment shall be the difference between the cost of performance of the work as planned
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at the time of contracting and the actual cost of such wok as a result of its change in character, or as otherwise mutually agreed upon by the contractor and the County prior to the contractor performing the subject work.
(b) If the County determines that the contractor is not entitled to additional compensation or time, the contractor shall continue the performance of all contract work, and shall be entitled to pursue a claim against the County for additional compensation or time attributable to the alleged material change.
(4) As used in this section, “material change” means a character change which increases or decreases the contractor’s cost of performing the work, increases or decreases the amount of time by which the contractor completes the work in relation to the contractually required completion date, or both.
(a) The County may increase or decrease the quantity of work to be performed by the contractor.
(b) (1) If the quantity of a pay item is cumulatively increased or decreased by 20 percent or less
from the bid proposal quantity, the quantity change shall be considered a minor change in quantity. (2) If the quantity of a pay item is increased or decreased by more than 20 percent from the
bid proposal quantity, the quantity change shall be considered a major change in quantity. (3) For any minor change in quantity, the County shall make payment for the quantity of the
pay item performed at the bid price for the pay item. (4) (a) For a major increase in quantity, the County or contractor may request to renegotiate
the price for the quantity in excess of 120 percent of the bid proposal quantity. If a mutual agreement cannot be reached on a negotiated price for a major quantity decrease, he County shall pay the actual costs plus an additional 10 percent for overhead and an additional 10 percent for profit unless otherwise specified in the original bid.
(b) For a major decrease in quantity, the County or contractor may request to renegotiate
the price for the quantity of work performed. If a mutual agreement cannot be reached on a negotiated price for a major quantity decrease, the County shall pay the actual costs plus an additional 10 percent for overhead and an additional 10 percent for profit unless otherwise specified in the original bid; provided, however, that the County shall not make a payment in an amount that exceeds 80 percent of the value of the bid price multiplied by the bid proposal quantity.
(5) Bid proposal quantity shall mean the quantity indicated in the bid proposal less the
quantities designated in the project plans as “if and where directed”.
58. SOURCE OF SPECIFICATIONS/BID PACKAGES Official Cumberland County specifications/bid packages for goods and services are available at no cost at http://cumberlandprocure.org. Notices for construction bids/projects are issued on this site; there may be a charge for construction bid specification packages and drawings. All clarifications and addenda are posted on this site.
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Potential bidders are hereby cautioned that they are bidding at their own risk and that the specifications/bid packages may or may not be complete if the specifications/bid packages were provided by a third party supplier. The County shall not be responsible for third party supplied specifications/bid packages.
59. CONTRACTOR REQUIREMENTS The successful bidder (contractor) is prohibited from assigning, transferring, conveying, subletting or otherwise disposing of this agreement or its rights, title or interest therein or its power to execute such agreement to any other person, company or corporation without the previous written consent and approval of the County. The contractor and his employees engaged in performance of work shall at all times be deemed to be performing as independent contractors and not as agents or employees of the County and the acts and omissions of such employees shall be deemed to those of the contractor. The contractor shall hold harmless the County and its employees from and against any and all losses, claims, demands, judgments, cost and expenses of every nature of any kind, arising out of or incidental to or in any way resulting from the acts or omission of the contractor or his employees while acting within the scope of their employment. Contractors shall be paid for performance of the services as described and allowed herein, and as mutually agreed to, and shall not seek, and shall not be reimbursed, for any fee or service not described or allowed in this specification or mutually agreed to, including but not limited to, tolls, mileage fees, overtime rates, etc.
The contractor shall familiarize himself, in detail, with the total requirements of this contract and shall be required to closely monitor and inspect all work to insure compliance with these requirements.
60. APPLICABLE LISTINGS, CODES, STANDARDS
All materials installed pursuant to this contract award and as specified herein, shall comply with all current codes and standards for this jurisdiction. All materials provided pursuant to this project shall comply with all applicable requirements of Federal, State, and other local codes and authorities having jurisdiction.
61. SUBMITTAL DOCUMENTS REQUIREMENT It shall be the responsibility of the bidders to familiarize themselves with the documentation required by all authorities having jurisdiction and approval for this project, which approval may be required prior to commencement of any work.
62. SAFETY
The contractor shall be responsible for maintaining and supervising all safety precautions and programs in connection with this work. All materials and services provided by the contractor in the performance of the contract must meet applicable State and Federal Safety and Health Codes, Standards, and Regulations.
The contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury, or loss to:
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a. all employees on the work site and all other persons who may be affected; b. all work and all materials and equipment to be incorporated therein, whether in storage on or off
the site, under the care, custody, control of the contractor or any of his sub-contractors;
c. other property at the site.
The contractor shall provide all notices and comply with all applicable laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the safety of persons or property or their protection from damage, injury, or loss.
The contractor, in the performance of this project, shall be responsible for providing any notice that may be required, to operators of systems under the direction of the Board of Public Utilities. The contractor shall accordingly take any and all precautions required to insure that all regulations concerning construction in an area where utility lines are located are followed. The contractor shall be responsible for all costs, including but not limited to, associated with their failure to provide any notice to the utilities operators that may be required, for any costs associated with their failure follow appropriate safety precautions, and for any costs associated with restoration of such services. The contractor shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, and promulgating safety regulations.
The contractor shall at all times during the performance of this project maintain public accessibility within the project site. All damage, injury, or loss to any property caused directly or indirectly, in whole or in part, by the contractor, any sub-contractor, or anyone directly or indirectly employed by any of them, will be the responsibility of the contractor.
63. PERMITS
Should permits be required for any work pursuant to this contract, the contractor shall be responsible for obtaining said permits. Should there be any charge for permits, the County shall be responsible for those permit charges.
64. LICENSES
Should licenses be required for any work pursuant to this contract, the contractor shall be responsible for providing the County with copies of said licenses with their bid submittal.
65. PROJECT SITE CLEANUP
During the performance of this contract, the contractor shall, at all times, keep the project sites and premises free from accumulation of waste materials or rubbish caused by his operations. At the completion of the work phase the contractor shall remove all of his waste materials, rubbish, tools, equipment, machinery, and surplus materials.
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If the contractor fails to clean up the project sites either during the work or at the completion of the work, the County shall arrange to have the premises cleaned up and shall charge the contractor for such clean up.
If any of the work, as per this specification, is to be completed by a sub-contractor brought on the job by the contractor, and a dispute arises concerning the clean up responsibilities of the sub-contractor, it shall be the contractor's responsibility, financially and otherwise, to ensure that proper site clean up is followed.
66. CONTRACTOR’S RESPONSIBILITY Any damage caused by the contractor to County property during this contract shall be the contractor’s
responsibility to repair. Failure by the contractor to repair any damages shall delay contractor payment until the damages have been repaired and accepted by the County. The County reserves the right to repair any damages and charge the contractor for said repairs should the contractor not repair any damages after receipt of two (2) written notices to do so have been issued by the County.
The contractor shall be held to have examined the specifications and all other data or instructions
pertaining to this work. No consideration or allowance will be granted the contractor for their failure to have examined the specifications and familiarized themselves with the requirements of this contract.
It shall be understood that by submitting a bid proposal, the bidder/contractor shall be bound by the
terms and conditions required herein. All work and materials shall be provided in full accordance with the regulations of all entities having
jurisdiction. The contractor shall immediately inform the County of any work materials which violate any of the
above laws and regulations and any work done by the contractor causing such violations shall be corrected by this contractor at his own expense.
The general contractor and/or all subcontractors are required to forward within ten (10) calendar days
after completion of each pay period, a certified copy of their payroll to the Cumberland County Purchasing Department, 164 W. Broad Street, Bridgeton, NJ, 08302. The payroll shall list the name and address of the general contractor and/or subcontractor, the name of the project and the date of the pay period.
67. LOCK OUT/TAG OUT – CONFINED SPACES
The contractor shall be required to comply with all lock out/tag out procedures and/or confined space procedures as may be required for this project.
68. EXAMINATION OF DOCUMENTS Each bidder is under an affirmative duty to inform itself by personal examination of the specifications
and the proposed work and by such other means as it may select, of the character, quality and extent of work to be performed and the conditions under which the contract is to be executed.
Each bidder shall examine the specifications and all other data or instructions pertaining to the work
required for this contract. No pleas of ignorance of conditions that exist, or of difficulties or conditions
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that may be encountered or of any other matter concerning the work to be performed in the execution of the work will be accepted by the County of Cumberland as an excuse for any failure or omission on the part of the bidder to fulfill every detail of all the requirements of the documents governing the work. Bidder, if awarded contract, will not be allowed any extra compensation by reason of any matter or thing concerning which such bidder might have fully informed themselves prior to bidding.
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TECHNICAL SPECIFICATIONS
PROVIDING PREVENTATIVE MAINTENANCE AND REPAIR SERVICES FOR LIFT STATION PUMPS AT VARIOUS
CUMBERLAND COUNTY LOCATIONS; BID # 18-20
1. INTENT The intent and purpose of this specification is to adequately describe the requirements for Providing
Preventative Maintenance and Repair Services for Lift Station Pumps at Various Cumberland County Locations and to list all requirements necessary for entering into a contract for providing the services described herein or as mutually agreed upon.
2. SCOPE OF WORK It is the intent and purpose of this request for Bid to describe the type, quality, and quantity for
Providing Preventative Maintenance and Repair Services for Lift Station Pumps at Various Cumberland County Locations for the County of Cumberland and to list all requirements necessary for entering into a contract for providing those services. The County of Cumberland shall award a single contract for the provision of these services.
This contract shall commence June 1, 2018, and terminate May 31, 2020.
2.1 REPAIR WORK
Repair work not covered by these specifications but authorized by the County shall be billed at the hourly rate (plus parts costs) submitted herein. Said repair work must be authorized by the issuance of a valid Cumberland County purchase order prior to the provision of the repairs; repairs completed without the issuance of a valid Cumberland County Purchase Order will not be approved for payment. The contractor shall be required to provide to the County, within two (2) calendar days of receipt of such request, a copy of a parts invoice. The contractor shall only work on holidays or on an overtime basis when authorized by the Public Works and Properties representative or the Purchasing Department.
2.2 PREVENTATIVE MAINTENANCE SERVICE WORK
The contractor shall conduct a minimum of two (2) inspections per unit per year; inspections shall be completed in June and November of 2018 and June and November of 2019
The contractor shall provide the services listed below at each inspection unless otherwise specified:
A. Pump out and clean (power wash) the wet well to remove debris and buildup. Disposal of
waste.
B. Lock out/tag out power source when needed.
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C. Supply technician to perform diagnostics, inspect electrical motor control equipment to identify any potential issues, such as poor connections and worn parts. Analyze County of Cumberland supplied readings of current such as amps, voltage and hours to proactively monitor system performance.
D. Assess operating set points (on/off) for pumps and reset as necessary to improve system
performance.
E. Inspect, service, and calibrate instrumentation, such as level sensors, alarms, and run time meters to ensure reliable reporting of station operations.
F. Pull pumps (115 Vine Street only) and ensures shaft will spin freely by hand. Inspect
pumps, floats and impellers to assure they are free of debris and in good operating condition.
G. Inspect check valves and isolation valves for proper operation.
H. Instruct County of Cumberland maintenance personnel on operation and upkeep
procedures between calls by provider’s service personnel.
I. Submit an inspection report to the County’s designated representative, advising of any further parts or work required. Also, mail copy of this report to:
Cumberland County PW/Buildings and Grounds Division 189 Trench Road Bridgeton, NJ 08302 Attn: Rich Lupson
All services are to be scheduled with: Buildings and Grounds; (856) 453-2103 at least 2 weeks in advance
2.3 SERVICE LOCATIONS/EQUIPMENT/CONTACTS
CUMBERLAND COUNTY COURT HOUSE 60 West Broad Street Bridgeton, NJ 08302 Building Contact: Brian Wills (856) 453-3624 A. 2 each Meyers Pumps #WRRH10-43 GTE1193 3Ph, 1 Hp, 460V, 2.75 Amp 2” Discharge Pit is 36” Dia. X 96” Depth and 48” Water Level 1 each Vynckier type VJ & RVJ Type 4, 12 Controller Ser # Z-974174 B. Old Side Boiler Room Storm Water 1 each Zoeller 267-f w/float 120V – 10 Amp
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Pit is 36” x 48” Depth and 14” Water Level This pump has no controller. C. New Side Boiler Room 2 each Zoeller 267 W/O Float 120V – 10 Amp Pit is 36” Dia. X 48” Depth and 18” Water Level 1 each Myers CE-11D code 2-94 Duplex Control Panel
VINE ST PROSECUTORS OFFICE
115 Vine St Bridgeton NJ 08302
Building Contact: Chuck McPherson (856) 297-7088
2 each Zoeller M803 Grinder Pumps 1 Ph, ½ Hp, 60 Hz, 115V, 7Amp Pit is 42” Dia. X 144” Depth and 36” Water Level
1 Each Hayes Pump Inc. Boulay Fabrication Duplex Control 1 120Vac, 1 Ph, 60 Hz, 4/10 Hp ID# 39033 HPI
MARGARET WINCHESTER CENTER FOR THE BLIND AND VISUALLY IMPAIRED 168 Sunny Slope Drive Bridgeton, NJ 08302 Building Contact: Chuck McPherson (856) 297-7088 1 each Zoeller 800 Series Pump, 1 Phase/120Volt, 2” Discharge Pit is 36” Dia. X 72” Depth and 36” Water Level 1 Each SJE Rhombus 1121W124H17A Controller LIBRARY COMPLEX 800 E. Commerce Street Bridgeton, NJ 08302 Building Contact: Chuck McPherson (856) 297-7088 2 each Goulds W51518D3 Pumps, 1 Phase/208 Volt, 60 HZ, 15 Amp, 1½ HP, 3” Discharge. Pit is 48” Dia. X 72” Depth, and 48” Water Level
BID #18-20 Page 60 of 65
1 Each SJE Rhombus 1221W124H6A Controller
EMERGENCY MANAGEMENT/911 OFFICE 637 Bridgeton Avenue Bridgeton, NJ 08302 Building Contact: Chuck McPherson (856) 297-7088 2 each Goulds Pumps 10A-208Volt Pit is 72” X 72” Square X 144” Depth 1 each SJE Rhombus1221W124H6A17A Duplex Controller
Bidders shall provide in the Official Bid Document total cost for Preventative Maintenance for all locations for year one (1) and total cost for Preventative Maintenance for all locations for year two (2).
2.4 SPECIAL INSTRUCTIONS
Respondent shall include with their proposal submission the names and qualifications of the personnel employed by the contractor who will be providing these services. It shall be the responsibility of the contractor to insure that all personnel employed by the contractor and involved in the provision of these services possesses all current, necessary licenses (including but not limited to a valid, current New Jersey Auto Driver’s license) to provide said services. It shall also be the responsibility of the contractor to provide completed Background Check Authorization Forms as provided from the Sheriff’s Department (form attached as Attachment 1) for all personnel employed by the contractor and involved in the provision of these services for entry into the Court House. Respondent shall demonstrate, upon our request, that they have a minimum of 5 years’ experience, including work with other governmental agencies, servicing, maintaining and repairing sanitary sewer pump stations including pump, electrical and instrumentation repairs. If requested the respondent shall also demonstrate that they have the qualified technicians and equipment to properly execute this contract. Should the contractor fail to provide the services in accordance with the terms and conditions of the contract, then the County shall immediately, in writing, notify the contractor of all specific deficiencies and shall schedule a meeting with the contractor and County personnel to address and resolve said deficiencies. The County reserves the right to utilize other vendors for the provision of the noticed contractor’s transportation services until all deficiencies have been resolved. Failure by the noticed contractor to cure said deficiencies shall be cause for their contract to be terminated. Either party may terminate this agreement at any time by providing thirty (30) calendar days written notice, sent by certified mail with return receipt, to the other party, indicating its intention to terminate the agreement.
3. UNSCHEDULED REPAIR SERVICES The contractor shall, when required, provide unscheduled repair services on a non-emergency (24 hour
response) and emergency (8 hour response) basis, for the equipment herein described. Exceptions will
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be granted for disastrous conditions beyond the contractor's control, such as earthquakes, war, and floods, provided that the contractor makes the greatest possible effort to respond as soon as possible during such conditions.
4. RESPONSE TIMES FOR UNSCHEDULED REPAIR SERVICES When the contractor is contacted by the Cumberland County Buildings and Grounds Department to
perform unscheduled repair services as described herein, the response time, that is, the time that the telephone call is received at the contractor's business location to the time that the repair person arrives at the location for non-emergency repair services, shall be no more than twenty-four (24) hours. When the contractor is contacted by the Cumberland County Buildings and Grounds Department to perform unscheduled repair services as described herein, the response time, that is, the time that the telephone call is received at the contractor's business location to the time that the repair person arrives at the location for emergency repair services, shall be no more than eight (8) hours.
5. PARTS AND MATERIALS Bidders shall provide on the Official Bid Sheet their percent (%) markup over, or discount from, their
actual cost of materials and parts that they may charge the County when required to provide such for year one and year two. The contractor shall be required to provide a copy of the materials/parts invoice for markup verification prior to payment; no contractor payment will be made until the appropriate parts/materials invoice has been provided to the County.
Bidders are hereby notified that the County will not accept a percent (%) markup over, or
discount from, any published price lists, including but not limited to, published manufacturers list prices, published manufacturers discount prices, etc. The County will only accept a percent (%) markup over, or discount from, the contractor’s actual cost of materials and parts. Failure to provide the markup or discount in the manner described herein shall be cause for your bid to be rejected as non-responsive.
6. QUALIFICATIONS Successful bidders/contractors must be trained and/or certified to service and maintain the equipment
described herein and in use at all locations. The bidder shall supply in his bid a list of their personnel, including a description of their training and
certifications, who may be providing services for this contract. The bidder must have sufficient qualified personnel as determined by the County of Cumberland to provide the services described herein.
7. COUNTY OF CUMBERLAND BUSINESS HOURS For the purposes of this bid/agreement normal business hours for the County of Cumberland are
Monday through Friday, 8:00 AM to 5:00 PM. The following shall be considered holidays for the purposes of this bid: New Years Day Memorial Day - Observed Independence Day - Observed Labor Day
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Thanksgiving Day Christmas Day It shall be the responsibility of the contractor to insure that the correct repair service rate is being
charged to the County for all labor provided for this contract. No work to be performed as part of this contract shall be undertaken without approval by the
Cumberland County Buildings and Grounds Department or the Purchasing Department. 8. WARRANTY OF REPAIRS All repair services provided by the contractor and described herein shall be warranted against recurrence
of the original problem for ninety (90) calendar days from the date of completion. Within that ninety (90) day warranty period it shall be the responsibility of the contractor to correct, at no charge to the County, any problem which was recorded in the original work order, and was the condition, or part of the condition, that prompted the original request for service. If, during the ninety (90) day warranty period, any such problem develops or recurs, and it can be demonstrated by the contractor that the problem was not addressed in the original work order, or that the recurrence of the problem is due to legitimate wear and tear, or that the recurrence is due to a part(s) failure unrelated to the original problem, then the County shall reimburse the contractor at the contracted hourly wage to correct such problem(s).
9. CONTRACT MANAGEMENT This contract shall be managed and enforced by the Cumberland County Buildings and Grounds
Department, 189 Trench Road, Bridgeton, NJ, 08302, and all communications regarding this contract shall be directed as follows:
Richard Lupson, Division Head Telephone: (856) 453-2103 Facsimile: (856) 451-9019 10. PAYMENT The contractor shall be paid semi-annually for the preventative maintenance inspection services and
upon completion of work and submission of an invoice/voucher for all other services. 11. SECURITY Contractor personnel, including any subcontractors, shall be required to pass a background check in
order to work at the Cumberland County Courthouse only. Form is attached as Attachment 1. By submitting this bid, the bidder/prospective contractor authorizes the County to perform criminal and
general background checks on all personnel providing services for this contract at the Courthouse location. The bidder/prospective contractor shall submit all information which may be requested by the County in connection with the background checks.
12. TERM OF CONTRACT
This contract shall commence after award by the Board of Chosen Freeholders, receipt of executed
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contracts and all required documentation as conditioned herein, by the Purchasing Office. This contract shall commence June 1, 2018, and terminate May 31, 2020.
13. AWARD OF CONTRACT
The award of contract shall be made to the lowest responsible and responsive bidder by the Board of Chosen Freeholders.
14. CANCELLATION Non-performance of the contractor in terms of compliance with specifications shall be a basis for termination of the contract by the County. Cancellation by the County may be made immediately upon written notice to the contractor.
The contractor may be given a reasonable opportunity before termination to correct any deficiencies. This, however, shall in no way be construed as negating the basis for termination for nonperformance. The County may deduct from any money due the vendor if the contractor fails to perform their obligations under this contract. The County reserves the right to pursue any and all other remedies if the contractor defaults on it so obligations under this contract.
15. RELATED WORK
The contractor shall coordinate all work required for total completion of this project, including the coordination of all subcontractors and lower tier subcontractors, should such subcontractors and lower tier contractors be used by the contractor for completion of any aspect of this contract.
No additional compensation shall be granted because of the contractor not having made an examination of the site conditions prior to the bid opening. Should public utilities need to be relocated from the public right-of-way the County shall bear any expense associated with relocation of utilities in the public right-of-way. The contractor can initiate and should be responsible for efforts to notify public utilities of their obligation to relocate the utilities but the cost of such relocation would be borne by the County, if any.
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ATTACHMENT I
BID #18-20 Page 65 of 65
CUMBERLAND COUNTY SHERIFF’S OFFICE FINGERPRINT / CRIMINAL HISTORY RECORD CHECK AUTHORIZATION
PRIVACY ACT NOTIFICATION
Company Name: ________________________________________ Applicant’s Name: ______________________________________ Address: ______________________________________ ______________________________________ Sex: Male Female (Circle one) Race: ________________ Date of Birth: ________________ S.S. #: ______ / _______ / ______ I, ____________________________________________(Print Name) hereby authorize the Cumberland County Sheriff’s Office to fingerprint me and/or conduct a Criminal History check for the position of Civilian Contractor, Cumberland County Courthouse. I authorize the release of any criminal history record information for this application. I realize that disclosure of my social security number, for the purpose of this background check, is voluntary. Signature of Applicant: __________________________________Date: _____________ Signature of Witness: ___________________________________Date: ______________ FOR ID USE ONLY 63 ____ 64 ____ ATS _____ ACS _____ NJ MNI _____ Officer/Date __________
***Return completed form to Lt. Carl Tozer, Judicial Division *** Phone # 856-453-4815 Fax # 856-453-4823
