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PROJECT MANUAL FOR:

CCIA – ADMINISTRATION BUILDING 745 Lebanon Road

Rosenhayn, NJ 08352

FOR: Cumberland County Improvement Authority

2 North High Street

Millville, NJ 08332

ARCHITECT

Manders Merighi Portadin Farrell Architects, LLC

1138 East Chestnut Avenue #4

Vineland, NJ 08360

SITE ENGINEER

Fralinger Engineering, PC

629 Shiloh Pike

Bridgeton, NJ 08360

STRUCTURAL ENGINEER

RPM Engineering LLC

11 Salvatore Circle

Woolwich, NJ 08085

MECHANICAL/PLUMBING/ELECTRICAL ENGINEER

Blue Rock Solutions, Inc.

541 Radix Road

Williamstown, NJ 08094

MMPF Project #17048

October 3, 2017

CCIA – Administration Building Table of Contents 1

TABLE OF CONTENTS CCIA - ADMINISTRATION BUILDING

BID SPECIFICATIONS & GENERAL REQUIREMENTS Notice to Contractors - Invitation to Bid i-ii Instructions to Contractors 1-2 Bid Submission Requirements 2-9 Award of Contract 10-12 General Requirements 13-19 Bid Forms BD-1 to BD-27 Project Labor Agreement PLA-1 to PLA-23 AIA Documents AIA 101 – Standard Form of Agreement Between Owner and Contractor AIA 201 – General Conditions of the Contract for Construction TECHNICAL SPECIFICATION DIVISION 1 – GENERAL REQUIREMENTS 000120 Forms

000300 General Conditions and Requirements 010050 Administrative Provisions – Revised 12/19/17

010300 Alternates 010390 Coordination and Meetings 013000 Submittals 014000 Quality Control 015000 Construction Facilities and Temporary Controls 016000 Material and Equipment 017000 Contract Closeout

DIVISION 2 - SITEWORK

02110 Site Clearing 02200 Earthwork 02282 Termite Control

02510 Potable Water 02511 Hot Mix Asphalt Paving 02520 Portland Cement Concrete Paving 02700 Sewerage and Drainage 02831 Chain Link Fences and Gates 02930 Lawns and Grasses 02940 Landscape Planting DIVISION 3 - CONCRETE

033000 Cast-In-Place Concrete 033600 Mechanically Ground and Polished Concrete

036000 Grout

DIVISION 4 – MASONRY 042113 Brick Masonry 042200 Concrete Unit Masonry


DIVISION 5 - METALS 051200 Structural Steel Framing 052100 Steel Joist Framing 053100 Steel Decking 054000 Cold-Formed Metal Framing 055000 Metal Fabrications DIVISION 6 - WOOD AND PLASTIC 061000 Rough Carpentry 061140 Wood Blocking and Curbing 061516 Wood Roof Decking – Added 12/11/17

062000 Finish Carpentry 064100 Custom Casework 066116 Solid Surfacing Fabrications DIVISION 7 - THERMAL AND MOISTURE PROTECTION 072100 Thermal Insulation 072400 Exterior Insulation and Finish System 072726 Fluid-Applied Membrane Air Barriers

075300 Single-Ply Roofing - Fully Adhered - Conventional 076200 Sheet Metal Flashing and Trim 079000 Joint Sealers

DIVISION 8 - DOORS AND WINDOWS 081110 Standard Steel Doors

081111 Standard Steel Frames 082110 Wood Doors

084113 Aluminum Framed Entrances and Storefronts – Revised 11/20/17 084413 Glazed Aluminum Curtainwalls 084416 Architectural Muntin Grids for Storefronts and Curtainwalls

087100 Door Hardware - Revised 11/20/17 088000 Glazing

DIVISION 9 - FINISHES

092600 Gypsum Board Systems 093000 Ceramic Tile 095123 Acoustical Tile Ceilings 096513 Resilient Base 096519 Resilient Tile Flooring

096813 Carpet Tile 099000 Painting

DIVISION 10 - SPECIALTIES 102116 Solid Plastic Toilet Compartments 102235 Operable Partitions 104400 Signage

104416 Fire Extinguishers and Accessories 107310 Manufactured Architectural Canopies 108000 Toilet Room Accessories

DIVISION 22 PLUMBING

220517 Sleeves and Sleeve Seals for Plumbing Piping 220518 Escutcheons for Plumbing Piping 220523 General-Duty Valves for Plumbing Piping and Equipment 220529 Hangers and Supports for Plumbing Piping and Equipment


220553 Identification for Plumbing Piping and Equipment 220719 Plumbing Piping Insulation 221116 Domestic Water Piping 221119 Domestic Water Piping Specialties 221316 Sanitary Waste and Vent Piping 221319 Sanitary Waste Piping Specialties 221413 Storm Drainage Piping 221423 Storm Drainage Piping Specialties 223300 Electric, Domestic-Water Heaters 223400 Fuel-Fired, Domestic-Water Heaters 224213.13 Commercial Water Closets 224213.16 Commercial Urinals 224216.13 Commercial Lavatories 224216.16 Commercial Sinks 224716 Pressure Water Coolers

DIVISION 23 HEATING, VENTILATING, AND AIR-CONDITIONING (HVAC)

230553 Identification for HVAC Piping and Equipment 230593 Testing, Adjusting, and Balancing for HVAC

230713 Duct Insulation 230900 Instrumentation and Control for HVAC 230993 Sequence of Operations for HVAC Controls 231123 Facility Natural-Gas Piping 233113 Metal Ducts 233300 Air Duct Accessories

233423 HVAC Power Ventilators 233600 Air Terminal Units 233713 Diffusers, Registers, and Grilles 237413 Packaged, Outdoor Central-Station Air-Handling Units 238123 Data Room Air Conditioners 238239 Unit Heaters

DIVISION 26 ELECTRICAL

260100 General Electric 260200 Electrical Work Practices 260300 Electrical Materials 260400 Lighting System 260500 Fire Alarm System

ATTACHMENTS

Geotechnical Investigation – French & Parrello Associates Geotechnical Engineers dated August 31, 2017

i

NOTICE TO CONTRACTORS

INVITATION TO BID

The Cumberland County Improvement Authority (“Authority”) shall receive sealed bids at 2 North High

Street, Millville, NJ until 10:00 a.m. prevailing time on Friday, December 8, 2017 to be publicly opened,

and read aloud for:

CUMBERLAND COUNTY IMPROVEMENT AUTHORITY

ADMINISTRATION BUILDING

745 Lebanon Road

Rosenhayn, NJ 08352

All Contractors must obtain bid packages from the Cumberland County Improvement Authority

(“Authority”). Bids received from Contractors that did not obtain bid packages from the Authority will not be

considered.

Bids must be submitted on the standard bid forms provided by the Authority in the manner designated the

Request for Bids, and must be enclosed in a sealed envelope bearing the title of the bid, name and address of the

Contractor on the outside; addressed to Mr. Gerard Velazquez III, Executive Director and delivered to the

above address at the date and time set at the place herein. The Authority is not responsible for any hand

delivered or third party delivered bids that do not arrive at the proper time or location. Any such bid will be

returned unopened to the vendor. All documents contained in this package must be returned to the Authority in

their original form. No substitutions, alterations, or modifications of any of the bid documents are permitted.

The Authority requires that a Contractor submit with his bid a bid guarantee in the form of a bid bond, certified

check, or cashier’s check in the amount of ten percent (10%) of the bid. In no case shall the bid guarantee

exceed twenty thousand dollars ($20,000). Bid bonds shall be from a surety company licensed to do business in

the State of New Jersey and acceptable. Bonds that are signed by an Attorney-in-Fact shall be accompanied by

a certified Power-of-Attorney. Failure to include this item will mandate rejection of bid.

Bid Packages (electronic format) can be obtained online via our online bid portal www.ccia-net.com . The

registration fee is ten ($10.00) dollars and is paid online. Bid packages will be available beginning

Wednesday, October 11, 2017. Questions regarding the bid must be made via e-mail to bnardone@ccia-

net.com, Attn: Brian Nardone. All questions must be received by Thursday, November 16, 2017 at 5:00

p.m.

The Contractor also will be required to submit performance security, in the form of a performance bond, in an

amount equal to one hundred percent (100%) of the annual value of the Contract. At the time of bid

submission, all Contractors will be required to submit a Consent of Surety indicating that such surety will

provide the performance bond if the Contractor is awarded a contract.

There will be a Pre-Bid Meeting for all interested Contractors at 10:00 a.m. prevailing time on Wednesday,

October 18, 2017 at CCIA Office, 2 North High Street, Millville, NJ 08332. All Contractors are strongly

encouraged to attend.

In order to submit a bid, Contractors and all Subcontractors shall be prequalified by the Department of

Treasury, Department of Property Management and Construction. The Contractor must submit with his bid a

notarized affidavit setting forth the type and amount of work for which he has been qualified, that there has

been no material adverse change in his qualification information, the total amount of uncompleted work on

contracts at this time and date of classification.

No bid may be withdrawn for a period of sixty (60) days after the date set for the opening thereof.

ii

This bid is being solicited through fair and open process in accordance with the requirements of N.J.S.A.

19:44A-20.4, and shall be in conformance with the applicable requirements of N.J.S.A. 40A:11-1- et.seq.,

pertaining to the “Local Public Contracts Law.”

The Contractor will be required to comply with requirements of N.J.S.A. 10:2-1 (Anti-Discrimination in

Employment), N.J.S.A. 10:5-31 et seq. and N.J.A.C.17:27 et seq. (Equal Employment Opportunity), 42 U.S.C.

§ 12101 et seq. (Americans with Disabilities Act), N.J.S.A. 52:32-44 et seq. (New Jersey Business

Registration), and N.J.S.A. 52:25-24.2 regarding the submission of a list of all Stockholders or Partners owning

more than ten percent (10%) stock or interest in their Corporation or Partnership. All Contractors are placed on

notice that they are required to comply with all requirements of P. L. 1975, Chapter 127 (NJAC 17:27).

All Contractors and subcontractors must provide a copy of their State of New Jersey Business Registration

Certificate issued by the New Jersey Department of Treasury at the time the bid is submitted.

Contractors shall not submit bids with qualifying conditions or provisions.

The Authority reserves the right to consider the bids for sixty (60) days after receipt thereof, and further

reserves the right to reject any and all bids, waive informalities, and make such awards or take action as may be

in the best interest of the Authority and in accordance with applicable law.

All Contractors are placed on notice that the Contractor receiving award for the contract will be required to

execute a Project Labor Agreement for the Project as part of contract signing process.

ln order to encourage full participation in this opportunity, submit any requests for accommodations of people

with disabilities to the Cumberland County Improvement Authority (856) 825-3700. People who are deaf, hard

of hearing and/or speech impaired should access this service by contacting the NJ Relay Service at 1-800-852-

7899-(TTY).

BY ORDER OF THE CUMBERLAND COUNTY

IMPROVEMENT AUTHORITY

CUMBERLAND COUNTY, NEW JERSEY

Gerard Velazquez, III

Executive Director

CCIA – Administration Building Instructions to Contractors 1

1. INSTRUCTIONS TO CONTRACTORS 1.1. THE BID The Cumberland County Improvement Authority is soliciting sealed bid proposals from companies interested in providing General Construction services within the designated areas of the County, in accordance with the terms of these bid specifications and N.J.S.A. 40A:11-1 et seq. and any amendments thereto. Bids will be received on Friday, December 8, 2017 at 10:00 am at the Cumberland County Improvement Authority (CCIA) located at 2 North High Street, Millville, NJ. Bids shall include (1) original and (2) copies. Original should be stamped original. Before submitting a Proposal, the Contractor shall become familiar with the Drawings, Specifications and other documents that will from the Contract, shall investigate the site of the Project and make such examination thereof as may be necessary to determine the character and amount of work involved. It shall also determine that it can secure the necessary labor and equipment and that the materials it proposes to use will comply with the requirements specified therefore and can be obtained by it in the quantities and at the time required. Bids are requested on the items stated in the Form of Proposal for the project. The prices shall cover all cost of any nature incidental to and growing out of the work. In explanation, but not in limitation thereof, these costs shall include the cost of all work, labor, materials, equipment, transportation, and all else necessary to perform and complete the project in the manner and within the time required, all incidental expenses in connection therewith, all costs on account of loss by damage or destruction of the project, and any additional expenses for unforeseen difficulties encountered, for settlement of damages and for replacement of defective work and materials. The Authority reserves the right to accept, reject and waive any informalities in the bid or reject any and all bids any or all bids including Alternate Bids, if any. Any bid prepared and submitted in accordance with the provisions described herein may be considered informal by the Authority. Any bid received after the time and date specified will not be considered. No bidder shall withdraw a bid within sixty (60) days after actual date of the opening thereof. The Bid Package includes the Bidding Requirements and the proposed Contract Documents. The Bidding Requirements consist of the Notice to Contractors, the Instructions to Contractors, any Supplementary Instructions to Contractors, the Proposal Forms and any other sample bidding and contract forms included or referenced in the Specifications. The Contract Documents consist of the form of Agreement between the Authority and Contractor, Conditions of the Contract (General, Supplementary and any other Conditions), the Drawings, Specifications, all Addenda issued during the bidding period, and the Project Labor Agreement. At the time of the opening of bids each Contractor will be presumed to have inspected the site and to have read and to be thoroughly familiar with the Bid Package including, but not limited to the Drawings, Specifications and other Contract Documents, including all Addenda and the Project Labor Agreement applicable to this project. The failure or omission of any Contractor to receive or examine any form, instrument of document or to visit the site and acquaint itself with conditions there existing, shall not relieve any Contractor from any obligation with respect to its bid. 1.2. CHANGES TO THE BID SPECIFICATIONS There will be a Pre-Bid meeting for all interested Contractors at Wednesday, October 18, 2017 at 10:00 am at 2 North High Street in Millville, NJ. All Contractors are strongly encouraged to attend.

Notice of revisions or addenda to the advertisements or bid documents relating to bids will be advertised, no later than seven (7) days, Saturdays, Sundays and Holidays excepted, prior to the date for acceptance of bids. The Contractor shall carefully study the Bid Documents and compare them with each other, shall examine the Project site and local conditions and shall immediately report to the Authority in writing any errors, inconsistencies and ambiguities discovered.


No oral interpretations will be made to any Contractor as to the meaning of the Bid Documents, drawings and specifications. Questions regarding the bid must be made via e-mail to Brian Nardone, CCIA, Sr. Vice President of Construction, [email protected] on or before Thursday, November 16, 2017 at 5:00 pm. The Authority shall respond to inquiries received by such date in writing. No inquiry received after the above date will be given consideration. Interpretations made to a Contractor will be in the form of an Addendum which, when issued, will be sent promptly to all persons to whom the drawings and specifications have been issued. If no response is provided to a submitted question Contractors shall assume that no change to the Bid Documents is considered necessary or desirable in response to the question. During the bidding period, the Authority may furnish Addenda for additions to or alterations of the drawings and specifications, which shall be included in the work covered by the Proposals. Addenda will be sent by fax, email, certified mail, or express delivery, not later than seven (7) days (Saturday, Sundays and holidays excepted) before Bid opening to all Contractors, however, the CCIA shall not be responsible for the failure of delivery to any one Contractor. It shall be the responsibility of the Contractor to ascertain that it has received all addenda issued prior to submitting its bid. All Addenda issued, whether or not received or examined by the Contractor, is part of the Bid Documents, and will be part of the Contract Documents, as though originally incorporated in the Project Manual. Failure of the Contractor to receive or examine any Addendum shall not relieve the Contractor from any of the requirements of the Documents. Bids are requested on the items stated in the Form of Proposal for the project. The prices shall cover all cost of any nature incidental to and growing out of the work. ln explanation, but not in limitation thereof, these costs shall include the cost of all work, labor, materials, equipment, transportation, and all else necessary to perform and complete the project in the manner and within the time required, all incidental expenses in connection therewith, all costs on account of loss by damage or destruction of the project, and any additional expenses for unforeseen difficulties encountered, for settlement of damages and for replacement of defective work and materials. Conditions, limitations or provisions attached to the proposal by the Contractors may cause its rejection. Any changes, whiteouts, strikeouts, etc. in the bid must be initialed in ink by the person signing the bid. 1.3. BID OPENING Sealed bids shall be received by the Authority in accordance with public advertisement as required by law, with a copy of said notice being attached hereto and made a part of these specifications. All bid proposals will be publicly opened and read by the Authority’s Executive Director, or his Designee at 10:00 am prevailing local time in the CCIA Board Room located at 2 North High Street, Millville, NJ on Friday, December 8, 2017. One (1) original and two (2) copies of bids must be delivered by hand or by mail to the 2 North High Street, Millville, NJ no later than 10:00 am om December 8, 2017. All bid proposals will be date and time stamped upon receipt. Contractor is solely responsible for the timely delivery of the Bid Proposal and no bids shall be considered which are presented after the public call for receiving bids. Any Bid Proposal received after the date and time specified will be returned, unopened, to the Contractor.


2. BID SUBMISSION REQUIREMENTS 2.1. BID PROPOSAL

A. Each document in the Bid Proposal must be properly completed in accordance with these bid specifications as applicable to these bid specifications. No Contractor shall submit the requested information on any form other than those provided in these specifications. Bid Proposal Form and other required forms (as noted on Bid Document Checklist) are supplied herewith and are to be submitted in triplicate. They shall be returned in sealed envelopes addressed:

“BID PROPOSAL” CCIA – ADMINISTRATION BUILDING

745 Lebanon Road Rosenhayn, NJ 08352

The envelope shall bear on the outside the name of the Contractor, his address and his license number, if applicable. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed to the Authority. The Authority accepts no liability for bids opened in error due to absence of such notation. B. One (1) original and two (2) copies of all Bid Proposals shall be hand delivered or mailed in a sealed envelope, and the name and address of the Contractor and the name of the Bid as set forth in the Public Advertisement for Bids must be written clearly on the outside of the sealed envelope. No Bid Proposal will be accepted past the date and time specified by the Cumberland County Improvement Authority in the advertisement for bids. C. Each Contractor shall sign, where applicable, all bid submissions as follows:

1. For a corporation, by a principal executive officer; 2. For a partnership or sole proprietorship, by a general partner or the proprietor respectively;

or 3. A duly authorized representative if:

a. The authorization is made in writing by a person described in paragraphs 1 and 2 above; and b. The authorization specifies either an individual or a position having responsibility for the overall operation of the business.

D. Bid Proposals shall be submitted on the form of proposal furnished in the bid documents, properly filled out and duly executed. Bid Proposal forms shall not be altered or added to in any way. Lump Sum Bid or Base prices shall be filled in, in ink or typewritten in both words and figures. In case of discrepancy, the amount described in words shall govern. All blank spaces in the bid form must be filled out or completed by the Contractor. Incomplete spaces on the bid form may be reason for rejection of bid. E. Any Bid Proposal that does not comply with the requirements of the Bid Specifications may be rejected as non-responsive. F. When the proposal is made by an individual, his post office address shall be stated and he shall sign the proposal. When made by a firm or partnership or limited liability company, its name and post office address shall be stated and the proposal shall be signed by one or more of the partners or member, as appropriate. When made by a corporation, its name and principal post office address shall be stated, and the proposal shall be signed by an authorized official of the corporation. Each Contractor shall include with its Bid, for itself and for each of the proposed Subcontractors (Subcontractor list) the following:


"Notice of Classification" form by the State of New Jersey, Department of Property Management and Construction showing evidence that the Contractor (or Subcontractor) has been pre-qualified by the State of New Jersey, Department of Property Management and Construction prior to the date that Bids are accepted, for the Contractor and each listed subcontractor. "Total Amount of Uncompleted Contracts" form by the State of New Jersey, Department of Property Management and Construction (DPMC 701-0591), for the Contractor and each listed subcontractor. Business Registration Certificate showing proof of registration per N.J.S.A. 40A:11-23.2.

In accordance with "the Public Works Contractor Registration Act" (P.L.1999, c.238) each Contractor, and each of its subcontractors, must submit with his bid a copy of registration with the New Jersey Department of Labor. No Contractor/Subcontractor will be permitted to bid on or engage in any contract for public work, as defined in section 2 of P.L. 1963, c.150 (N.J.S.A. 34:11-56.25), unless that Contractor/Subcontractor is registered with the New Jersey Department of Labor. Contractors submitting Proposals pursuant to N.J.S.A. 40A:11-16 shall include names of subcontractors proposed for use in performance of Structural Steel; Plumbing, Drainage and Sprinkler; Heating, Ventilation and Air Conditioning, Electrical Work. In accordance with the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.), each Contractor and each of its subcontractors shall submit a copy of its Business Registration Certificate. No Contractor/Subcontractor shall be permitted to bid on or engage in any public work unless such Business Registration Certificate is included with its bid. Bids not based on the Bid Documents (including all Addenda issued), Bids containing a qualification or exception to the requirements of the Bid Documents, conditional or uninvited alternative Bids, Bids that are not complete or properly signed for submitted in accordance with the requirements of the Bid Documents and Bids containing an alteration of a form or irregularity of any kind may be rejected. Bids may also be rejected for any of the following reasons: 1. All bids pursuant to NJSA 40A:11-13.2. 2. If more than one bid is received from an individual, firm or partnership, corporation or association under the same name. 3. Multiple bids from an agent representing competitive bidders. 4. The bid is inappropriately unbalanced. 5. The bidder is determined pursuant to NJSA 40A:11-4b Prior Negative Experience. 6. If the successful bidder fails to enter into a contract within 21 days, Sundays and holidays excepted, or as otherwise agreed upon by the parties to the contract. In this case of its option, the owner may accept the bid of the next lowest responsible bidder (NJSA 40A:11-24b). Each Bid shall include or be accompanied by: (i). Bid Security and Power of Attorney made payable to the Cumberland County Improvement Authority in the amount of ten percent (10%) of the Bid sum, but not to exceed $20,000.00 Securities shall be either certified check, cashier's check, or Bid Bond by a surety licensed to conduct business in New Jersey. a. A successful Contractor's bid security will be retained until the Contractor has signed the Contract and furnished the required Performance Bond(s) and Labor and Materials Payment Bond(s).


b. The Authority reserves the right to retain the bid securities of the three (3) lowest responsible Contractors for up to three (3) days (Sundays, and holidays excepted) after the awarding and signing of the Contract with the successful Contractor and the approval of the Contractor's bonds or until sixty (60) days after Bid opening, whichever occurs first. All other bid securities will be returned within ten (10) days (Sundays and holidays excepted) after opening of Bids. c. If a Contractor fails to enter into a Contract and furnish the required bonds within (10) days after it has received notice of acceptance of its Bid, the Authority will retain that Contractor's bid security as liquidated damages, not as a penalty. (ii) Consent of Surety, in accordance with N.J.S.A. 40A:11-22, from a surety company licensed to conduct business in New Jersey, stating that it will provide the Contractor (or Subcontractor identified by the Contractor), if the Contractor is awarded the Contract, with the required Performance Bond and the required Labor and Material Payment Bond along with a surety disclosure statement and certification for each bond. a. The Contractor must furnish with its Bid specific evidence of performance and payment securities totaling one hundred (100%) percent of the Bid amount including the work of each of the Subcontractors listed . b. If the Contractor is awarded a Contract, performance and payment securities may be supplied by those individual Subcontractors on behalf of themselves and the Contractor, by the Contractor on behalf of itself and any or all of those Subcontractors, of by any combination thereof as long as the amount of the resulting Performance Bond(s) equals the total Contract Sum and the amount of the resulting Payment Bond(s) equals the total Contract Sum and all of these bonds name the Contractor as a principal. If the Contractor furnishes its Bonds covering itself and any subcontractor, only the Contractor need be named as a Principal. c. Any consent of Surety furnished by a proposed Subcontractor shall specify the dollar value of the Subcontractor's portion of the Work and shall name both the Contractor and the Subcontractor as the proposed principals. d. If the Contractor proposes to furnish bonds that cover both the Contractor and one or more of its Subcontractors, the Consent of Surety shall specify the dollar value of the Work covered and shall name the Contractor and cover the work of each Subcontractor included therein. e. The bonding company or companies shall be NJ Department of Insurance and Banking approved, shall have an A.M. Best Company rating of "A-" or better and meet all the requirements of N.J.S.A. 2A: 44-143. (iii). Subcontractor List – Failure to identify on the Bid Form all of the Subcontractors, persons and entities to be engaged for the work identified shall be cause for the bid to be rejected. (iv). Non-Collusion Affidavit. (v). Disclosure Statement setting forth names and addresses of all stockholders, members or partners who hold ten percent (10%) or greater interest in any corporation of partnership bidding on the Project, in accordance with N.J.S.A. 52:25-24.2. (vi). A letter from the Contractor's insurance company stating that if the Contractor is awarded the Contract the insurance company will, within ten (10) days of award, furnish the Contractor with a policy or policies of insurance of the types and in the amounts referenced in the Bid Package. (vii). If applicable, Contractors acknowledgement of receipt of any notice(s) or revision(s) or addenda to an advertisement, specifications of bid document(s). (viii). Such other items as set forth in the Bid Proposal Form or Contractors checklist.


2.2. BID GUARANTEES A Bid Guarantee in the form of a Bid Bond, Cashier's Check or Certified Check, made payable to the Cumberland County Improvement Authority in the amount of ten percent (10%) of the bid, not to exceed twenty thousand dollars ($20,000) must accompany each Bid Proposal. In the event that a Contractor to whom the Contract is awarded fails to enter into the Contract in the manner and within the time required, the award to the Contractor shall be rescinded and the bid guaranty shall become the property of the Cumberland County Improvement Authority. Failure to submit a Bid Guarantee shall result in the rejection of the bid.

Pursuant to N.J.S.A. 40A:11-21, Proposals shall be accompanied by a Proposition of Surety in form as found in these documents, assuring that satisfactory arrangements have been made between the surety and the Contractor by which surety agrees to furnish Contractor with a Performance Payment Bond, a guaranty and Performance Bond, (Construction) and Corporate Surety Bond as per N.J.S.A. 2A: 44-147 (Labor and Materials- Construction) along with a Surety Disclosure Statement and Certification for each bond and General Power of Attorney, and Maintenance Bond. The Proposition of Surety shall be executed by an approved surety company authorized to do business in the State of New Jersey or by the individual if an individual surety is being offered by the Contractor.

Pursuant to N.J.S.A. 40A:11-16 Contractors submitting proposals for a Building Contract shall include Performance of Surety, a guaranty and Performance Bond, (Construction) and Corporate Surety Bond as per N.J.S.A. 2A:44-147 (Labor and Materials-Construction) along with a Surety Disclosure Statement and Certification for each bond and General Power of Attorney, Propositions of Surety in form as bound in these specifications in accordance with the requirements of N.J.S.A. 40A:11-16. Contractor shall submit evidence of performance security simultaneously with the list of subcontractors. Evidence of performance security may be supplied by the Contractor on behalf of himself and any or all subcontractors, or by each respective subcontractor, or by any combination thereof which results in evidence of performance security equaling, but in no event, exceeding the total bid amount.

Pursuant to N.J.S.A. 40A:11-24, all Bid Guarantees, except those of the three apparent lowest responsible Contractors, will returned, if requested after ten days from opening of bids, Sunday and holidays excepted. Within 3 days after the awarding of the contract and the approval of the Contractor's performance-payment bond, the bid security of the remaining unsuccessful Contractors will be returned, Sunday and holidays excepted.

The Bid Guarantee shall be forfeited if Contractor fails to execute the Agreement and furnish the

guaranty and Performance Bond, (Construction) and Corporate Surety Bond as per N.J.S.A. 2A:44-147 (Labor and Materials-Construction) along with a Surety Disclosure Statement and Certification for each bond and general Power of Attorney, with ten (10) days after notification of aware of Contract to him. In the event of default and subsequent award to another Contractor, the Bid Guarantee will become liable up to its full amount for the difference between the amount of the bind in default, including Alternate Bids, which the Authority wished to accept and that amount for which the Authority is obligated on award to another Contractor, plus any additional expenses related thereto. To the extent that the Bid Guarantee does not satisfy the foregoing amount, Contractor shall be liable for the difference.

2.3 CONSENT OF SURETY

Contractors shall submit with the bid a Certificate (Consent of Surety) with Power of Attorney for full amount of bid price from a Surety Company authorized to do business in the State of New Jersey and acceptable to the Authority stating that it will provide said Contractors with a Performance Bond in the full amount of the bid. The Surety Company must have a Best's rating of B+ or better, and a Best's Financial Category of Vll or larger, the minimum ratings and the financial size categories are those listed for the Surety Company in the most current issues of Best's Key Rating Guide, Property- Casualty, published by the A.M. Best Company, Oldwick, NJ


A. Submission of a Performance Bond, if required for this bid, is a condition precedent to a contract award. After receipt of such a performance bond and other submissions required by the bid specifications, the bid will be accepted and a signed contract and a purchase order will be forwarded to the successful Contractors. B. The Authority will not be responsible for any expenditure of monies or other expenses incurred by the Contractors, unless the Contractors has received a signed contract and a purchase order.

This certificate shall be obtained in order to confirm that the Contractors to whom the contract is awarded will furnish Performance and Payment Bonds from an acceptable surety company on behalf of said Contractors, any or all subcontractors or by each respective subcontractor or by any combination thereof which results in performance security equal to the total amount of the contract, pursuant to N.J.S.A. 40A:11-22. Failure to submit a consent of surety form shall result in rejection of the bid. 2.4 CONTRACT BONDS PERFORMANCE BOND: Contractor shall simultaneously with the delivery of the executed contract, submit an executed bond in the amount of one hundred (100%) percent of the acceptable bid as security for the faithful performance of this contract. The performance bond provided shall not be released until final acceptance of the whole work and then only if any liens or claims have been satisfied. The surety on such bond or bonds shall be a duly authorized surety company authorized to do business in the State of New Jersey pursuant to N.J.S.A. 17:31-5. Failure to submit this with the executed contract shall be cause for declaring the contract null and void pursuant to N.J.S.A. 40A: 11-22. LABOR AND MATERIAL (PAYMENT) BOND: Contractor shall with the delivery of the performance bond submit an executed payment bond to guarantee payment to laborers and suppliers for the labor and material used in the work performed under the contract. Failure to submit a labor and material bond with the performance bond shall be cause for declaring the contract null and void. MAINTENANCE BOND: Upon acceptance of the work by the Authority , the contractor shall submit a maintenance bond (N.J.S.A. 40A:11-16.3) in an amount not to exceed one hundred (100%) percent of the project costs guaranteeing against defective quality of work or materials for the period of 1 year. 2.5 POWER OF ATTORNEY

Attorneys-in-fact who sign Bid Bonds, Performance-Payment Bonds, a guaranty and Performance Bond, (Construction) and Corporate Surety Bond as per N.J.S.A. 2A:44-147 (Labor and Materials-Construction) along with a Surety Disclosure Statement and Certification for each bond and General Power of Attorney, Maintenance Bonds and Proposition of Surety forms must accompany each bond or proposition with a certified and effectively dated copy of their power-of-attorney. 2.6 EXCEPTIONS TO THE BID SPECIFICATIONS Any conditions, limitations, provisos, amendments, or other changes attached to or added by the Contractor to any of the provisions of these Bid Specifications or any changes made by the Contractor on the Proposal Forms shall result in the rejection of the Bid Proposal by the Cumberland County Improvement Authority. 2.7 OR EQUAL SUBSTITUTIONS A. Whenever the Work Specifications identify a brand name, trade name or a manufacturer's name, this designation is used for classification or descriptive purposes only, and the Contractor may substitute an equal product, subject to the approval of the Cumberland County Improvement Authority.


B. Variations between the goods and services described and the goods and services offered are to be fully identified and described by the bidder on a separate sheet and submitted with the bid proposal form. Vendor literature WILL NOT suffice in explaining exceptions to these specifications. In the absence of any exceptions by the bidder, it will be presumed and required that the goods and services as described in the bid specification be provided or performed.

C. It is the responsibility of the bidder to document and/or demonstrate the equivalency of the goods and services offers. The Authority reserves the right to evaluate the equivalency of the goods and services.

D. In submitting its bid, the bidder certifies that the goods and services to be furnished will not infringe upon any valid patent or trademark and that the unsuccessful bidder shall, at its own expense, defend any and all actions or suits charging such infringement, and will save the Authority harmless from any damages resulting from such infringement.

E. Only manufactured products of the United States, wherever available, shall be used pursuant to N.J.S.A. 40A: 11 -18.

F. The contractor shall guarantee any or all goods and services supplied under these specifications. Defective or inferior goods shall be replaced at the expense of the contractor. The contractor will be responsible for return freight or restocking charges. 2.8 COMPLIANCE The Contractor shall be familiar with and comply with all applicable local, state and federal laws and regulations in the submission of the Bid Proposal and, if the Contractor is awarded the Contract, in the performance of the Contract. These laws include, but are not limited to, N.J.S.A. 48:13A-1 et seq. and N.J.S.A. 40A:11-1 et seq., and N.J.A.C. 5:34 and 7:26. 2.9 CONFLICT OF INTEREST AND NON-COLLUSION Each Contractor must execute and submit as part of the Bid Proposal a "Non-Collusion Affidavit" which at a minimum shall attest that: A. The Contractor has not entered into any agreement or participated in any collusion with any person, corporate entity or government entity, or otherwise taken any action in restraint of free, or competitive bidding either alone or with any person, corporate entity or government entity in connection with the above named project; B. All statements made in the bid proposal are true and correct and made with the full knowledge that the Contracting Unit relies upon the truth of those statements in awarding the Contract; and C. No person or business is employed to solicit or secure the Contract in exchange for a commission, percentage brokerage agreement or contingency fee unless such person or business possesses a Certificate of Public Convenience and Necessity and a License issued pursuant to N.J.A.C. 7:26-16 et seq. 2.10 NO ASSIGNMENT OF BID The Contractor may not assign, sell, transfer or otherwise dispose of the Bid or any portion thereof or any right or interest therein. This Section is not intended to limit the ability of the successful Contractor to assign or otherwise dispose of its duties and obligations under the Contract provided that the Cumberland County Improvement Authority agrees to the assignment or disposition. 2.11 CONTRACT FORM

The form of agreement shall be AIA Document A101 – Standard Form of Agreement Between Owner and Contractor as modified – see attached.


2.12 PAY TO PLAY All business entities are advised of their responsibility to file an annual disclosure statement of political contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A. 19:44A-20.27 if they receive contracts in excess of $50,000 from public entities in a calendar year. Business entities are responsible for determining if filing is necessary. Additional information on this requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us. 2.13 PRIME CONTRACTS

Pursuant to Section 16 of P.L. 1971, c.198 (N.J.S.A. 40A:11-16), bidders must identify the subcontractors to whom it will subcontract the furnishing of (1) Steam and Hot Water Heating and Ventilating Apparatus, Steam Power Plants and all Kindred Work; (2) Electrical Work; (3) Plumbing and Gas Fitting and all Kindred Work; (4) Structural Steel and Ornamental Iron Work.


3. AWARD OF CONTRACT 3.1 GENERALLY A. The Cumberland County Improvement Authority shall award the Contract or reject all bids within the time specified in the invitation to bid, but in no case more than sixty (60) days, except that the bids of any Contractors who consent thereto may, at the request of the Contracting Unit, be held for consideration for such longer period as may be agreed. All Contractors will be notified of the Authority’s decision in writing. B. A written request for the withdrawal of a bid will be granted if received by the Authority before any bid has been opened. Upon proper request and identification, bids may be withdrawn as follows:

1. At any time prior to the designated time for opening of bids. 2. Provided the Proposal has not been accepted by the Authority, at any time subsequent

to the expiration period during which the bidder has agreed not to withdraw his proposal.

Unless a proposal is formally withdrawn, it shall be deemed open for acceptance until the Contract Agreement has been executed by both parties thereto or until the Authority manifests that he does not intend to accept the Proposal Notice of acceptance of a Proposal shall not constitute rejection of any other Proposal. C. The Cumberland County Improvement Authority reserves the right to reject any bid not prepared and submitted in accordance with the provisions hereof, and to reject any or all bids. In the event that the Authority rejects all bids, the Authority shall publish a notice of rebid no later than ten (10) days, Saturdays, Sundays and holidays excepted, prior to the date for acceptance of bids.

D. Award(s), if made, will be to the lowest responsible Contractor, including Alternate Bids, if any, which the Authority chooses to accept.

E. Award made to a Contractor not a resident of the State is conditioned upon the Contractor designating a proper agent in the State on whom service can be made in the event of litigation.

F. If the successful Contractor is a corporation not organized under the laws of New Jersey, the award of Contract and payment of consideration thereunder shall be conditioned upon Corporation promptly filing a certificate of doing business in the State of New Jersey pursuant to N.J.S.A. 14A:13-2 and complying with the provisions of N.J.S.A. 14A:13-4.

G. Whenever two or more bids of equal amounts are the lowest bids submitted by responsible Contractors, the Authority may award the Contract to any one of such Contractors as in its discretion it may determine.

H. Any discrepancy between a numerical price and a price written in words shall be resolved in

favor of the price as written in words. Any discrepancy between the unit price multiplied by the quantity and a corresponding total price figure set forth in the proposal form(s) shall be resolved in favor of a total price reached by multiplying the unit price by the quantity. The corrected total shall be used to determine the award of the Contract. After all Bid Proposals have been read, the bids will be tabulated and adjusted, if necessary, in accordance with this paragraph. If any mathematical corrections must be made on any Bid Proposal, then the Cumberland County Improvement Authority may not award a contract until all tabulations are complete.

I. The Authority reserves the right to reject any or all bids in whole or in part, or to waive informality in the bidding, as may be permitted by law

J. The Contractor to whom contract is awarded shall be required to execute the Contract and deliver all Bonds and Insurance Certificates required within ten (10) days after notification of award of contract to it.


K. Note that no contract can be awarded to a contractor appearing on the New Jersey Department of Labor's list of contractors not paying prevailing wages until after the indicated date of expiration of the contractor's listing, in accordance with N.J.S.A. 34:11-56.37 and N.J.S.A. 34:11-56.38.

L. Pursuant to N.J.S.A. 34:11-56.25, et. seq., contractors on projects for public work shall adhere

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

Contractor shall keep an accurate record showing the name, craft or trade and actual hourly rate paid to

each worker employed by him in connection with the project. The record shall be preserved for a period of three years from the date of payment. Contractor shall further post the prevailing wage rates for each craft and classification involved in the project in prominent and easily accessible places at the site of work and at such other places as are used by employer to pay workers.

Before Authority shall make final payment, Contractor shall provide to the Authority a Payroll Verification Affidavit, on the form attached, for each payroll period stating the wages then due to any and all workers for wages on account of the project. The affidavit shall certify that Contractor has paid wages in accordance with the Prevailing Wage Law.

M. The Contractor and its subcontractors awarded the Contract for the Project will be required to comply

with:

(i). New Jersey "Law Against Discrimination", N.J.S.A. 10:5-1 et seq. Contractors are required to comply with the requirements of N.J. P.L. 1975, c. 127. (ii). New Jersey Prevailing Wage Act, N.J.S.A. 34:11-56.27 et seq. (iii). Certification and submission of payroll records for each pay period, N.J.A.C. 12:60-2.1 and 6.1. (iv). Foreign product limitations, in accordance with N.J.S.A. 40A:11-18. (v). Public Works Contractor Registration Act N.J.S.A. 34:11-56.48 (vi). N.J.S.A. 2C:21-34, et. seq. governs false claims and representations by Contractors. It is a serious crime for the Contractors to knowingly submit a false claim and/or knowingly make material misrepresentation. (vii). N.J.S.A. 2C:27-10, et. seq. provides that a person commits a crime if said person offers a benefit to a public servant for an official act performed or to be performed by a public servant, which is a violation of official duty. (viii). N.J.S.A. 2C:27-11, et. seq. provides that a Contractors commits a crime if said person, directly or indirectly, confers or agrees to confer any benefit not allowed by law to a public servant.

Contractors should consult the statutes and regulations or legal counsel for further information. 3.2 NOTICE OF AWARD AND EXECUTION OF CONTRACT A. Award, if made, will be to the lowest responsible, qualified bidder. In such case where alternate bids will be considered, the low bidder will be determined based on the combined amount of the base bid plus the alternate bid, or bids, which will be included in the contract awarded.

B. The Contractor to whom the contract is awarded shall be required to execute said Contract and obtain the Performance Bond and within ten (10) days from the date when the Notice of Award of Contract is delivered to the Contractor.


C. The Authority, within seven (7) days of receipt of the Agreement signed by the party to whom the

Agreement was awarded, shall sign the Agreement and return to such party and executed duplicate of the Agreement.

D. The Notice to Proceed shall be issued within seven (7) days of the execution of the Performance

Bond, Payment Bond and Agreement by the Authority. Should there be reasons why the Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between the Authority and Contractor.

E. The Contractor to whom the contract is awarded shall be required to execute the Project Labor

Agreement within ten (10) days after notification of award of Contract to him, and ensure that all subcontractors on the project have executed and submitted a Letter of Assent to the Project Labor Agreement.

F. Failure to deliver the documents as specified in the notice of award shall be cause for the

Authority to declare the Contractor non-responsive and to award the Contract to the next lowest responsible Contractor.

3.3 RESPONSIBLE CONTRACTORS The Cumberland County Improvement Authority shall determine whether a Contractor is “responsible” in accordance with N.J.S.A. 40A:11-2. The Bid Proposal of any Contractor that is deemed not to be “responsible” shall be rejected. 3.4 PERFORMANCE BOND A. For the duration of the contract award, the successful Contractor shall provide a performance bond issued by a Surety in an amount equal to no more than one hundred percent (100%) of the annual value of the Contract. The successful Contractor shall provide said performance bond concurrent with the delivery of the executed Contract to the Purchasing Agent at the address indicated in the advertisement. The performance bond for each succeeding year shall be delivered to the Cumberland County Improvement Authority with proof of full payment of the premium one hundred twenty (120) days prior to the expiration of the current bond.

B. Failure to deliver a Contract Bond for any year of a multiyear contract one hundred twenty (120) days prior to the termination of the current bond will constitute a breach of contract and will entitle the Cumberland County Improvement Authority to terminate the Contract upon the expiration of the current bond. Notwithstanding termination pursuant to this Section, the Contractor is obligated to fully perform through the date of termination of the Contract and damages shall be assessed in an amount equal to the costs incurred by the Authority in rebidding or securing a contract including any increase in the contract amount. C. Failure to deliver the Contract Bonds at the time and place specified by the Cumberland County Improvement Authority shall be cause for the assessment of damages in an amount equal to the amount of the bid guarantee. In addition, the Authority may award the Contract to the next lowest responsible Contractor or terminate the bid process and rebid the project.


4. GENERAL REQUIREMENTS

4.1 FEDERAL OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970

The vendor or contractor guarantees that all materials, supplies and equipment as listed on any bid,

request for proposal, quotation, contract or purchase order, furnished or delivered to the Authority meet the requirements, specifications and standards as provided for under the Federal Occupational Safety and Health Act of 1970, as amended from time to time and enforced as of the date hereof. 4.2 SAFETY STANDARDS

The bidder should be aware, if awarded the contract that they will be responsible for any and all

subcontractors, as well as themselves, that they are required to comply with all applicable local, state and federal safety, health and environmental regulations, including provisions for protecting the Authority ’s employees and the public from construction hazards.

The Authority retains the right to have owner’s safety representatives inspect any construction project

taking place on the owner’s property or through the owner’s auspices. The Authority reserves the right to stop work if an imminent hazard exists. The costs, if any, created by a work stoppage due to unsafe conditions, will be borne by the contractor responsible for the unsafe condition. 4.3 AMERICANS WITH DISABILITIES ACT OF 1990

Discrimination on the basis of disability in contracting for the purchase of goods and services is prohibited. Contractors are required to read Americans With Disabilities language that is included as Appendix B of this specification and agree that the provisions of Title II of the Act are made a part of the contract. The contractor is obligated to comply with the Act and to hold the owner harmless.

4.4 AFFIRMATIVE ACTION REQUIREMENTS A. If awarded a contract; the successful Contractor will be required to comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 et seq.

B. For Good and Services, within seven days after receipt of notification of the Cumberland County Improvement Authority ’s intent to award the Contract, the successful Contractor must submit to the Authority one (1) of the following three (3) documents:

1. A photocopy of a valid letter identifying that the contractor is operating under an existing federally approved or sanctioned affirmative action program, OR

2. A photocopy of a Certificate of Employment Information Report approval issued in accordance with N.J.A.C. 17:27-4, OR

3. A photocopy of an Employee Information Report (Form AA302) provided by the Division of Contract Compliance and Equal Opportunity in Public Contracts and distributed to the public agency to be completed by the contractor in accordance with N.J.A.C. 17:27-4.

C. For Maintenance/Construction Contracts, after notification of award, but prior to signing the contract,

the Contractor shall submit to the public agency compliance officer and the Division of Contract Compliance and Equal Employment Opportunity in Public Contracts (Division) an initial project workforce report (Form AA201) provided to the public agency by the Division for distribution to and completion by the contract, in accordance with N.J.A.C. 17:27-7. The Contractor shall also submit a copy of the Monthly Project Workforce Report once a month thereafter for the duration of the contract to the Division and to the public agency compliance officer. The Contractor shall also cooperate with the public agency in the payment of budgeted funds, as is necessary, for on-the-job programs for outreach and training of minorities and women.


D. Failure to submit the affirmative action document by the time set forth above shall be cause for the Cumberland County Improvement Authority to declare the Contractor to be non-responsive and to award the Contract to the next lowest responsible Contractor. 4.5 STOCKHOLDER DISCLOSURE N.J.S.A. 52:25-24.2 provided that no corporation or partnership shall be awarded any contract for the performance of any work or the furnishing of any goods and services, unless, prior to the receipt of the bid or accompanying the bid of said corporation or partnership. Contractors shall submit a statement setting froth the names and addresses of all stockholders in the corporation or partnership who own ten percent or more of its stock of any class, or of all individual partners in the partnership who own a ten percent or greater interest therein. The included Statement of Authority ship shall be completed and attached to the bid proposal. This requirement applies to all forms of corporations and partnerships, including, but not limited to, limited partnerships, limited liability corporations limited liability partnerships and Subchapter S corporations. Failure to submit a stockholder disclosure document shall result in rejection of the bid. 4.6 PROOF OF BUSINESS REGISTRATION N.J.S.A 52:32-44 requires that each bidder (contractor) submit proof of business registration with the bid proposal Proof of registration shall be a copy of the bidder's Business Registration Certificate (BRC). A BRC is obtained from the NJ Division of Revenue. Information on obtaining a BRC is available on the internet at www.nj.gov/njbgs or by phone at (609) 292-1730. N.J.S.A. 52:32-44 imposes the following requirements on contractors and all subcontractors that knowingly provide goods or perform services for a contractor fulfilling this contract:

1. The contractor shall provide written notice to its subcontractors and suppliers to submit proof of business registration to the contractor.

2. Prior to receipt of final payment from a contracting agency, a contractor must submit to the contracting agency an accurate list of all subcontractors or attest that none was used;

Any contractor, subcontractor or supplier who fails to provide proof of business registration information shall be liable to a penalty of $15 for each day of violation, not to exceed $50,000 for each business registration not properly provided or maintained under a contract with a contracting agency. Information on the lay and its requirements is available by calling (609) 292-9292. 4.7 NEW JERSEY WORKER AND COMMUNITY RIGHT TO KNOW ACT The manufacturer or supplier of chemical substances or mixtures shall label them in accordance with the NJ Worker and Community Right to Know Lay (N.J.S.A. 34:5A-1 et. seq., and N.J.A.C. A 8:59-2 et. seq.). Containers that the law and rules require to be labeled shall show the Chemical Abstracts Service number of all the components and the chemical name. Further, all applicable Material Safety Data Sheets (MSDS) - hazardous substance fact sheet - must be furnished. 4.8 PREVAILING WAGE ACT Pursuant to N.J.S.A 34:11-56.25 et. seq., contractors on projects for public work shall adhere to all requirements of the New Jersey Prevailing Wage Act. The contractor shall be required to submit a certified payroll record to the owner within ten (10) days of the payment of wages. The Contractor is also responsible for obtaining and submitting all subcontractors' certified payroll records within the aforementioned time period. The contractor shall submit said certified payrolls in the form set forth in N.J.A.C. 12:60-6.IQ. It is the contractor's responsibility to obtain any additional copies of the certified payroll form to be submitted by contacting the New Jersey Department of Labor and Workforce Development, Division of Workplace Standards, additional information is available at www.state.nj.us/labor/Isse/Ispubcon.htmi.


The Authority is requiring, pursuant to the Authority of N.J.S.A. 52:38-1, that the successful Contractor agree to join in a Project Labor Agreement substantially in the form attached as Appendix D to this Specification as a signatory thereto. The Project Labor Agreement shall be negotiated by the CCIA with signatory unions and Building Trades Council. All Contractors are advised that compliance with the requirements of the Project Labor Agreement is a requirement of the Contract for this project. 4.9 PUBLIC WORKS CONTRACTOR REGISTRATION ACT N.J.S.A. 34:1 1-56.48 et seq. requires that a general or prime contractor and any listed subcontractors named in the contractor's bid proposal shall possess a certificate at the time the bid proposal is submitted. After bid proposals are received and prior to award of contract, the successful contractor shall submit a copy of the contractor's certification along with those of all listed subcontractors. All non-listed subcontractors and lower tier sub-contractors shall be registered prior to starting work on the project. It is the general contractor's responsibility that all non-listed sub-contractors at any tier have their certificate prior to starting work on the job. Under the law a "contractor" is "a person, partnership, association, joint stock company, trust, corporation or other legal business entity or successor thereof who enters into a contract" which is subject to the provisions of the New Jersey Prevailing Wage Act (N.J.S.A. 34:11-56.25, et.seq.). It applies to contractors based in New Jersey or in another state. The law defines "public works projects" as contracts for "public work" as defined in the Prevailing Wage statute (N.J.S.A. 34:11-56.26(5). The terms means:

• "Construction, reconstruction, demolition, alteration, or repair work, or maintenance work,

including painting and decorating, done under contract and paid for in whole or in part out of the funds of a public body, except work performed under a rehabilitation program.

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

• "Maintenance Work" means the repair of existing facilities when the size, type or extent of

such facilities is not thereby changed or increased. While "maintenance" includes painting and decorating and is covered under the law, it does not include work such as routine landscape maintenance or janitorial services.

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

N.J.S.A.34:11-56.55 specifically prohibits accepting applications for registration as a substitute for a certificate of registration. 4.10 PRICING INFORMATION FOR PREPARATION OF BIDS

A. The Authority is exempt from any local, state, or federal sales, use or excise tax. B. Estimated Quantities (Open-End Contracts): The owner has attempted to identify the item(s)

and the estimated amounts of each item bid to cover its requirements; however, past experience shows that the amount ordered may be different than that submitted for bidding. The right is reserved to decrease or increase the quantities specified in the specifications pursuant to N.J.A.C. 5:30-11.2 and 11.10. NO MINIMUM PURCHASE IS IMPLIED OR GUARANTEED.


C. Contractor shall be responsible for obtaining any applicable permits or licenses from any government entity that has jurisdiction to require the same. The cost of all permits will be paid for by the Authority.

D. Bidders shall insert prices for furnishing goods and services required by these specifications.

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 owner. As specified, placement may require inside deliveries. No additional charges will be allowed for any transportation costs resulting from partial shipments made for the contractor’s convenience. 4.11 CERTIFICATES Upon notification by the Cumberland County Improvement Authority, the lowest responsible Contractor shall supply to the Contract Administrator, within five days of notification, a certificate of insurance as proof that the insurance policies required by these specifications are in full force and effect. 4.12 INDEMNIFICATION

A. The Contractor shall indemnify and hold harmless the Cumberland County Improvement Authority and its consultants from and against all claims, damages, losses, and expenses including all reasonable expenses incurred by the Cumberland County Improvement Authority on any aforesaid claims that may result or arise directly or indirectly, from or by reason of the performance of the Contract or from any act or omission by the Contractor, its agents, servants, employees or subcontractor(s) and that results in any loss of life or property or in any injury or damage to persons or property.

B. The Contractor agrees to indemnify, save harmless and defend the Cumberland County

Improvement Authority and its consultants, elected and appointed officials, representatives, employees and agents (Authority Indemnified Parties) from and against any and all liabilities, claims, penalties, forfeitures, suits and the costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorney’s fees), which the Authority Indemnified Parties may hereafter incur, become responsible for, or pay out as a result of death or bodily injuries to any person, destruction or damage to any property, contamination of or adverse effects on the environment, or any violation of governmental laws, regulations or orders caused, in whole or in part, by the Contractor’s performance or failure to perform its obligations under the provisions of this Bid Specification or by any negligent or willful act or omission of the Contractor, its employees or subcontractor(s) in the performance of this Contract. 4.13 VIOLATIONS OF CONTRACT SPECIFICATIONS Notwithstanding any specifically enumerated remedy or right the Authority may have for any violation of the terms of the Contract or these Specifications, the Authority reserves the right to pursue any remedies available to it in law or equity for any breach of the terms and conditions contained herein. Any failure of the Authority to enforce the terms and conditions contained herein shall not be deemed a waiver by the Authority of a full enforcement thereof. 4.14 SEVERABILITY The Contract between the Contractor and the Cumberland County Improvement Authority shall provide that the laws of the State of New Jersey shall govern the agreement. Should a court of competent jurisdiction find that a provision of the agreement is in whole or in part invalid or unenforceable, such finding shall not void or render unenforceable the remainder of the agreement or the provision. This applies, but is not limited to the agreed upon costs and liquidated damages provisions. In the event that a specified liquidated damage amount is found to be inapplicable, damages may still be calculated as allowed by law.


4.15 TERMINATION OF CONTRACT A. If, through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations under the contract or if the contractor shall violate any of the requirements of the contract, the owner shall there upon have the right to terminate the contract by giving written notice to the contractor of such termination and specifying the effective date of termination. Such termination shall relieve the owner of any obligation for balances to the contractor of any sum or sums set forth in the contract. Owner will pay only for goods and services accepted prior to termination. B. Notwithstanding the above, the contractor shall not be relieved of liability to the owner for damages sustained by the owner by virtue of any breach of the contract by the contractor and the owner may withhold any payments to the contractor for the purpose of compensation until such time as the exact amount of the damage due the owner from the contractor is determined. C. The contractor agrees to indemnify and hold the owner harmless from any liability to subcontractors and/or suppliers concerning payment for work performed or goods supplied arising out of the lawful termination of the contract by the owner under this provision. D. In case of default by the contractor, the owner may procure the goods or services from other sources and hold the contractor responsible for any excess cost. 4.16 PAYMENT A. No payment will be made unless duly authorized by the Owner’s authorized representative and accompanied by proper documentation. B. Contract shall be paid in accordance with the contract document upon receipt of an invoice and properly executed voucher. After approval by the Authority, the payment voucher shall be placed in line for prompt payment. Each invoice shall contain an itemized, detailed description of all work performed during the billing period. Failure to provide sufficient specificity shall be cause for rejection of the invoice until the necessary details are provided. It is also agreed and understood that the acceptance of the final payment by the Contractor shall be considered a release in full of all claims against the Authority arising out of, or by reason of, the work done and materials furnished under the contract. C. The payment cycle (as per N.J.S.A. 2A:30A-2a) shall be: 1. If the contractor has performed in accordance with the contract; and

2. The work has been approved and certified by the owner or the owner’s authorized agent. 3. The owner shall pay the bill not more than 30 calendar days after the billing date. 4. Provided that the billing shall be deemed “approved” and “certified” 20 calendar days after the owner receives it, unless the owner provides, before the end of the 20 day period, a written statement of the amount withheld and reason for withholding payment. 5. The 20th calendar day deadline of the decision to withhold full or partial payment is deferred until the public meeting (any public meeting open to the public) following 20 calendar days of the billing date, at which time the bill must be approved for payment or notice provided as to why the bill or any portion thereof will not be approved. 6. If the billing is approved, the bill is required to be paid in the payment cycle following the meeting.

D. The billing date for the final and retainage payments shall be the date the bill is received by the Cumberland County Improvement Authority. E. Requests for payment that have been approved and certified are approved monthly at the meetings of the CCIA Board of Commissioners. The normal meeting date is the third Thursday of each month. Payment requests to be considered for that month’s bill list must be received, approved and certified by the Authority or the Authority’s authorized agent no later than the Monday of the week prior to the scheduled Board Meeting.


4.17 MANDATORY CONTRACT DISPUTE PROCEDURES The bidder agrees to Mandatory Dispute Procedures required by P.L. 2006, Chapter 96 and N.J.S.A. 40A:11-50, as described below: In an effort to resolve any disputes that arise during the construction of the project or following the completion of the project, the Bidder and Owner agree that all disputes between them arising out of or relating to the performance of the work described in the contract documents shall be submitted to non-binding mediation with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to the party to the Contract and with the American Arbitration Association. The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in court having jurisdiction thereof. The Bidder further agrees to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, sub-consultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolutions between the parties to those agreements. Nothing in this section shall prevent the Owner from seeking injunctive or declaratory relief in court or at any time. The alternative dispute resolution practices required by this section shall not apply to disputes concerning the bid solicitation or award process, or the formation of contracts or subcontracts to be entered into pursuant to P.L. 1971, c.198 (C:40A:11-1, et seq.). 4.18 ACCESS TO RELEVANT DOCUMENTS AND INFORMATION—N.J.S.A. 52:15C-14 (d) Private Contractors or other persons contracting with or receiving funds from a unit in the Executive branch of State government, including an entity exercising executive branch authority, independent State authority, public institution of higher education, or unit of local government or board of education shall upon request by the Office of the State Comptroller (OSC) provide the State Comptroller with prompt access to all relevant documents and information as a condition of the contract and receipt of public monies. The State Comptroller shall not disclose any document or information to which access is provided that is confidential or proprietary. If the State Comptroller finds that any person receiving funds from a unit in the Executive branch of State government, including an entity exercising executive branch authority, independent State authority, public institution of higher education, or unit of local government or board of education refuses to provide information upon the request of the State Comptroller, or otherwise impedes or fails to cooperate with any audit or performance review, the State Comptroller may recommend to the contracting unit that the person be subject to termination of their contract, or temporarily or permanently debarred from contracting with the contracting unit. Relevant records of private Contractors or other persons entering into contracts with covered entities are subject to audit or review by OSC pursuant to N.J.S.A. 52:15C-14(d). The contractor/vendor to whom a contract has been awarded, shall maintain all documentation related to products, transactions or services under this contract for a period of five years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon request. 4.19 TIME OF COMPLETION / LIQUIDATED DAMAGES A. Work, including the procurement of permits and processing of required submittals, shall be started within five (5) days of the date of the Notice to Proceed which is the date of the Owner-Contractor Agreement for this work unless otherwise agreed to by the Owner and Contractor. B. All work, except as modified herein, shall be substantially completed within three hundred thirty (330) calendar days.


C. The date of substantial completion is defined as the date when construction is sufficiently completed, in accordance with the Contract Documents, as modified by any Change Order agreed to by the parties so that the Owner can occupy the project for the intended use and a Temporary Certificate of Occupancy is issued. Partial occupation of the project shall not be deemed to be substantially complete. D. Time shall be of the essence of the performance of the Contract. The Contractor and the Owner agree, that the date of beginning and the time for completion as specified in the Contract of work to be done hereunder are essential conditions of this Contract and it is further mutually understood and agreed that the work embraced in this Contract shall be commenced on the date to be specified above or in a Notice to Proceed issued by Owner or Architect. E. The Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof, by and between the Contractor and the Owner, that the time for the completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. F. If the said Contractor shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree, as a part consideration for the awarding of this Contract, to pay to the Owner one thousand ($1,500.00) dollars per day, not as a penalty, but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the contract for completing the work. G. The liquidated damages amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain. The amount is agreed upon to be the amount of damages which the Owner would sustain and may be retained from time to time by the Owner from amounts due to Contractor. H. It is further agreed that time is of the essence of each and every portion of this Contract and of the Specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence to this Contract. Provided, that the Contractor shall not be charged with liquidated damages or any excess cost when the Owner determines that the Contractor is without fault and the Contractor's reasons for the time extension are acceptable to the Owner; Provided further, that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of work is due: 1. To any preference, priority or allocation order duly issued by the Government; 2. To unforeseeable cause beyond the control and without the fault or negligence of the Contractor, included, but not restricted to, acts of God, or of other public enemy, act of the Owner, acts of another contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and severe weather; or 3. To any delays of subcontractors or supplies occasioned by any of the causes specified in subsections 1. and 2. of this article. I. Contractor shall be required to request an extension of time for any delay under Article 1.5H in the manner set forth in the General Conditions.

CCIA – Administration Building Bid Form BD-1

Cumberland County Improvement Authority 2 North High Street Millville, NJ 08332

OFFICIAL BID PROPOSAL FORM

CCIA: Administration Building 745 Lebanon Road

Rosenhayn, NJ 08352

CONTRACTOR___________________________________________________________________________

CONTRACT NO. 1 - GENERAL CONSTRUCTION

I (We) propose to fully execute and complete all work under CONTRACT NO. 1 - GENERAL CONSTRUCTION to include all work required by these Documents for the total sum of:

_________________________________________________________________($ ) ALTERNATE NO. 1 – HVAC/PLUMBING

Substitute the ducted return air system with a plenum return and use hub-less cast iron pipe and fittings for the above ground storm, sanitary waste, vent and drain piping inside the HVAC plenum of the building in lieu of plastic pipe as specified in Section 010300 - Alternates.

Deduct: __________________________________________________ ($ )

or Add: ___________________________________________________ ($ ) ALTERNATE NO. 2 – PORCELAIN TILE/ POLISHED CONCRETE

Provide polished concrete floor in Room #02 Lobby as specified in Section 033600 Mechanically Ground and Polished Concrete in lieu of porcelain tile specified in Section 093000 Ceramic Tile.

Deduct: __________________________________________________ ($ )

or Add: ___________________________________________________ ($ )

Cleary indicate whether the alternate is an add or deduct to Contract #1 amount.


The respondent by signing this bid form, acknowledges that he/she has carefully examined the bid drawings,

specifications and other documents, and further acknowledges he/she understands and is able to render the

scope of activity and services outlined in the bid.

Name:____________________________________________________________________________________

Address:___________________________________________________________ P.O. Box_______________

City, State, Zip Code _______________________________________________________________________

Federal Tax ID Number:______________________________________________________________________

Phone Number:_____________________________ Extension:______________________________________

Fax Number _______________________________ E-mail address__________________________________

Authorized Agent: ________________________________________________ Title: ____________________

Agent’s Signature:_______________________________________________________ Date: _____________

Bidder agrees to include in the base bid the stipulated sum specified as a contingency allowance as specified in

Section 010050 -Administrative Provisions.

CONSENT OF SURETY


A performance bond will be required from the successful contractor on this project, and consequently, all Contractors shall submit, with their bid, a consent of surety in substantially the following form: To:_________________________________________________

(Authority) Re: ________________________________________________ (Contractor) ______________________________________________________________________ (Project Description) This is to certify that the ____________________________________________________ (Surety Company) will provide to _________________________________________ a performance bond in (Authority) the full amount of awarded contract in the event that said contractor is awarded a contract for the above project. __________________________________________________________ (CONTRACTOR) ___________________________________________________________ (Authorized Agent of Surety Company) Date:________________________ CONSENT OF SURETY MUST BE SIGNED BY AN AUTHORIZED AGENT OR REPRESENTATIVE OF A

SURETY COMPANY AND NOT BY THE INDIVIDUAL OR COMPANY REPRESENTATIVE SUBMITTING THE

BID.


ACKNOWLEDGMENT OF RECEIPT OF ADDENDA

The undersigned Contractor hereby acknowledges receipt of the following Addenda: Addendum Number Dated Acknowledge Receipt (initial) _______________ _______________ ____________ _______________ _______________ ____________ _______________ _______________ ____________ _______________ _______________ ____________ No addenda were received: Acknowledged for: __________________________________________ (Name of Contractor) By: _________________________________________ (Signature of Authorized Representative) Name: ______________________________________ (Print or Type) Title: ________________________________________ Date: ________________________________________


AFFIRMATIVE ACTION COMPLIANCE NOTICE N.J.S.A. 10:5-31 and N.J.A.C. 17:27

GOODS AND SERVICES CONTRACTS (INCLUDING PROFESSIONAL SERVICES) This form is a summary of the successful Contractor’s requirement to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27-1 et seq. The successful Contractor shall submit to the public agency, after notification of award but prior to execution of this contract, one of the following three documents as forms of evidence:

(a) A photocopy of a valid letter that the contractor is operating under an existing Federally approved or sanctioned affirmative action program (good for one year from the date of the letter);

OR (b) A photocopy of a Certificate of Employee Information Report approval, issued in accordance with N.J.A.C. 17:27-4;

OR (c) A photocopy of an Employee Information Report (Form AA302) provided by the Division and distributed to the public agency to be completed by the contractor in accordance with N.J.A.C. 17:27-4.

The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) from the contracting unit during normal business hours.

The successful vendor(s) must submit the copies of the AA302 Report to the Division of Contract Compliance and Equal Employment Opportunity in Public Contracts (Division). The Public Agency copy is submitted to the public agency, and the vendor copy is retained by the vendor. 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. 17:27.1 et seq. 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 r

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