Video Inspection and Cleaning of Linwood Gravity Sewer Main

Bids are being solicited for the Video Inspection and Cleaning of ACUA's Linwood Gravity Sewer Main. The work includes, but is not limited to, Light Cleaning and/or Heavy Cleaning and Video Inspection (CCTV) of approximately 9,742 LF of ACUA's Gravity Sewer pipeline located in Linwood, NJ. The pipeline ranges in size from 30” to 33” diameter. All work shall be performed according to the plans and specifications.

Background

The Atlantic County Utilities Authority (ACUA) owns and operates a Solid Waste complex in Egg Harbor Township, Atlantic County, NJ, known as the Howard F. Haneman Environmental Park, and a Wastewater Treatment Facility in Atlantic City, Atlantic County, NJ, known as City Island Treatment Plant.

The Solid Waste facility is home to an active landfill, a recycling center, composting site, and ancillary facilities. Also on site is the ACUA’s primary administration building, constructed in 1992, which features a closed-loop geothermal HVAC system. The site is home to a 5.4 MW landfill methane gas to electricity project which provides 100% of the power needs of the Park. The ACUA’s solid waste complex is located at 6700 Delilah Road, in Egg Harbor Township, New Jersey. The site consists of approximately 360 acres with approximately 102 acres representing the landfill footprint.

The Wastewater Treatment Facility has been in operation since 1978 and services 14 communities in Atlantic County. It is home to the Jersey-Atlantic Wind Farm, a 7.5 MW wind farm that is privately owned and from which the ACUA purchases approximately 12 million kWh per year of electricity. In addition, the facility also houses a 500 kW solar PV system.

The ACUA is responsible to the residents of Atlantic County to be financially prudent and environmentally responsible.

Project Details

• Reference ID: 2026-ITB-12
• Department: Engineering
• Department Head: Tom Ganard (Chief Engineer)

Important Dates

• Questions Due: 2026-04-21T20:00:00.000Z

Evaluation Criteria

• NEW JERSEY ANTI-DISCRIMINATION PROVISIONS —

  N.J.S.A. 10:2-1 ET SEQ.

  Pursuant to N.J.S.A. 10:2-1, if awarded a contract, the contractor agrees that:

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

  b. No contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or

  intimidate any employee engaged in the performance of work under this contract or any subcontract hereunder, or engaged in the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under such contract, on account of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex;

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

  d. This contract may be canceled or terminated by the contracting public agency, and all money due or to

  become due hereunder may be forfeited, for any violation of this section of the contract occurring after notice to the contractor from the contracting public agency of any prior violation of this section of the contract.

  No provision in this section shall be construed to prevent a board of education from designating that a contract, subcontract or other means of procurement of goods, services, equipment or construction shall be awarded to a small business enterprise, minority business enterprise or a women's business enterprise pursuant to P.L.1985, c.490 (C.18A:18A-51 et seq.).

• BID GUARANTEE —
  1. Bid Guarantee may be submitted either as surety bonds or as a certified or cashier's check for 10% of the amount bid, not to exceed $20,000.  For purposes of contracts that contain multi-year terms or alternates, the bid bond shall be calculated on the highest amount bid, assuming that any extended or alternate term will be awarded.  For example, the “amount bid” on specifications that allow the award of a two-year contract is the highest total that is bid for both years on any alternate, notwithstanding any reservation by the Authority of the right to award a one-year contract.  Similarly, any performance security must be offered with reference to the highest amount bid.  All sureties shall be licensed to do business in New Jersey.  All checks shall have set forth as payee, and all sureties shall run in favor of, the "Atlantic County Utilities Authority." In the event that a certified or cashier's check is provided the bidder shall execute the form of guarantee included with this package.  By submitting a bid, the bidder acknowledges that in the event he fails to enter into a contract upon an award of same, the entire amount of the check or bid bond shall be forfeited to the Authority as liquidated damages.
  2. SUBMITTAL DIRECTIONS:
     • If a check is to be submitted, the electronic submittal shall include a copy of the check and the original check shall be delivered to the ACUA, Attention: Procurement and Contracts Manager. The check must be received no later than the bid submission date and time.
     • If a Bid Bond and Consent of Surety are to be submitted, the electronic submittal shall include a copy of the Bid Bond and Consent of Surety.
       • The Bid Bond and Consent of Surety must be electronically submitted within the OpenGov platform as part of the bidder's electronic submission.
       • In accordance with N.J.A.C. 5:34-5.3(f), Bid Bonds and Consents of Surety that are submitted electronically only must include a unique verification code (Surety Verification Number or Electronic Bond ID) or link generated by the surety company’s system to allow the documents to be verified electronically through a secure online platform (e.g., through Surety2000, Tinubu Surety, or other approved eBonding provider).
       • The electronic Bid Bond and Consent of Surety must clearly identify the bidder and project and be enforceable as if submitted in physical form.
       • If an electronically submitted Bid Bond and Consent of Surety does not comply with the provisions of N.J.A.C. 5:34-5.3(f), then the original Bid Bond and Consent of Surety shall be delivered to the ACUA and must be received no later than the bid submission date and time.
       • Failure to submit a compliant bid bond electronically through the OpenGov platform at the time of bid opening that is either (a) compliant with the provisions of N.J.A.C. 5:34-5.3(f) and able to be electronically verified through a verification code issued by the surety agency, or (b) accompanied by the submission to the ACUA of the original Bid Bond and Consent of Surety prior to bid opening, will result in rejection of the bid as non-responsive.
  • •  
• MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE —

  N.J.S.A. 10:5-31 et seq. (P.L.1975, c.127)

  N.J.A.C. 17:27-1.1 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 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 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 Dept. of LWD, Construction EEO Monitoring Program, may, in its discretion, exempt a contractor or subcontractor from compliance with the good faith procedures pre-scribed by the following provisions, A, B, and C, as long as the Dept. 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 Dept. 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. 17:27-7.2. 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 sub-contractor 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 the commencement of construction work, the contractor or sub-contractor 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 to 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 Dept. 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 contactor or subcontractor shall interview the referred minority or women worker.

  (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 Dept. of LWD, Construction EEO Monitoring Program. If necessary, the con-tractor 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 Dept. 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 Dept. 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 Dept. of LWD, Construction EEO Monitoring Program and submitted promptly to the Dept. 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 apprentice-ship 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 Dept. of LWD, Construction EEO Monitoring Program an initial project workforce report (Form AA-201) electronically provided to the public agency by the Dept. of LWD, Construction EEO Monitoring Program, through its web-site, 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 Dept. 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 Dept. of LWD, Construction EEO Monitoring Program as may be requested by the Dept. 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 re-quested by the Dept. of LWD, Construction EEO Monitoring Program for conducting a compliance investigation pursuant to N.J.A.C. 17:27-1.1 et seq.

• AMERICANS WITH DISABILITIES ACT OF 1990 —

  Equal Opportunity for Individuals with Disability

  The contractor and the Atlantic County Utilities Authority, (hereafter “owner”) do hereby agree that the provisions of Title 11 of the Americans With Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 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 there unto, 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 the Agreement or otherwise at law.

• INSTRUCTIONS AND INFORMATION TO BIDDERS —
  1. All questions relating to technical aspects of the bid are to be directed in writing to the Authority Procurement and Contracts Manager via the ACUA's eProcurement Portal.  NO QUESTIONS WILL BE ANSWERED OVER THE PHONE. Questions should be asked in consecutive order, from beginning to end, following the organization of the bid document.  Each question should begin by referencing the page number and section number to which it relates.  Bidders are advised that any questions related to substantive aspects of the bid, to the extent that the answer affects all bidders' ability to compete equally, may be distributed to all bidders who have picked up specifications.  Any questions received after the deadline shall not be entertained. 
  2. In the event that changes are to be made to any specification before the date for opening of bids, the Authority will publish an Addendum, as required by law, in the Atlantic City Press. Bidders are encouraged to monitor the project via ACUA's e-Procurement Portal. Followers will be notified via email about any Addendum.
  3. Bidders are required to complete all documents included in the VENDOR RESPONSES section.  Bidders shall use the forms provided by the Authority or true copies thereof. Substitute forms will not be considered conforming. 
  4. Bids must be received electronically via ACUA's e-Procurement Portal before the designated time.  No exceptions can be made for any reason, including failure of internet services or any technology issues to make timely submission of any bids. 
  5. Prices and terms shall not be subject to adjustment or supplementation for any reason after opening of bids.
  6. All prices shall be F.O.B. Destination, freight prepaid, delivered to the Atlantic County Utilities Authority at 1801 Absecon Boulevard, Atlantic City, NJ 08401-1712 and/or 6700 Delilah Road, Egg Harbor Township, NJ 08234-5623 unless otherwise stated in the specifications.
  7. No bid shall provide for State or Federal taxes of any kind or for interest on any amount due from the Authority to any bidder unless expressly permitted by the specifications.  The Authority's normal practice is to make payment within 30 days of receipt of a properly certified and tabulated invoice and voucher. Sales made to any contractor of materials, supplies or services for exclusive use in the performance of this contract are generally exempt from the New Jersey Sales and Use Tax, N.J.S.A. 54:32B-8.22.  Payment will be made only to the contractor.
  8. No pre-payment clauses of any nature will be acceptable. 
  9. All Required Bid Forms must be signed via DocuSign through ACUA's eProcurement Portal by a responsible officer of the bidder with authority to make a legally binding commitment on the bidder's behalf. By submitting a bid, the bidder is binding itself to enter into a contract on award by the Authority and may not expressly, impliedly or by conduct reserve any right to withdraw any bid or to refuse for any reason to enter into an awarded contract. PHOTOCOPIES WILL NOT BE ACCEPTED. Docusign must be used to verify signatures.
  10. The submission of a bid by any corporation shall constitute a warranty by the corporation to the Authority that it is authorized to do business in the State of New Jersey, that its corporate charter is in good standing, and that the persons executing bid documents have full authority to do so on the corporation's behalf.
  11. All prices quoted shall be firm from the time of bid opening through the life of the contract and shall not be subject to increase for any reason during the contract term.  Should the bidder reduce its prices for the bid item or items generally during the contract term, the price provided to the Authority shall reflect the price as reduced.
  12. The Authority will assume, and by bidding the bidder warrants, that all items proposed meet all specifications unless the bidder takes specific written exception in its proposal.  Where a delivery date is stated in the specifications, the bidder will be presumed to have agreed to provide the specified goods or services by that date unless explicitly stated otherwise in its proposal.
  13. Pursuant to N.J.S.A. 40A:11-24, the contracting unit shall award the contract or reject all bids within such time as may be specified in the invitation to bid, but in no case more than 60 days, except that the bids of any bidders who consent thereto may, at the request of the contracting unit, be held for consideration for such longer period as may be agreed.
  14. The Authority's standard form of contract is attached.  Bidders will be required to execute this form of contract upon award.  If any exception is taken to the form of contract, all such exception(s) shall be set forth in writing in the proposal.  The Authority will evaluate whether exceptions taken are sufficiently material as to make the bid nonconforming.  Nonconforming bids will be rejected. Contract language will not be negotiated after opening of bids. The bidder to whom the award is made will be required to execute a written contract with the Owner and to furnish appropriate surety bonds as specified within ten (10) days after notification of the award of contract.  The contract shall be in the form included in the Attachments section of this document.  If the bidder shall fail or refuse to sign a contract and provide necessary bonds within ten (10) days of the notification of award of contract and request therefore by Owner, the Owner may execute upon the bid bond or take possession of the funds otherwise provided as bid security.  In the event that a contract is signed and all specified bonds are supplied, the bid bond or check shall be returned to the bidder.
  15. Bidders will not be permitted to supplement or amend bids after submission.  Bidders may, however, withdraw and revise their submission by clicking "Unsubmit Response" on ACUA's eProcurement Portal and re-submit their bid, if needed.
  16. The original of all documents calling for signatures shall bear original signatures. Photocopied or otherwise non-original signatures will not be accepted, except that a Power of Attorney may contain the reproduced signatures of the authorizing officers of the surety company.
  17. In the event of inclement weather or other emergent circumstances which may prevent the opening of bids at the scheduled date and time, the Authority will attempt to notify prospective bidders of the fact of rescheduling and as to any rescheduled time. In the event of rescheduling the Authority shall retain all bids, unopened, for opening at the rescheduled date and/or time.  The Authority will take such steps as it shall consider appropriate to notify all bidders of the rescheduled date and/or time.   
  18. The Authority cannot provide legal advice to bidders, nor are any of its officers or agents empowered to waive or modify any legal requirement either verbally or in writing.  The New Jersey bidding statutes are contained at N.J.S.A. 40A:11-1 et seq., and regulations adopted thereunder, and bidders are presumed to be familiar with their requirements.  We have attempted to make these specifications comply with the Local Public Contracts Law in all respects.  In the event of a conflict between the terms of these specifications and relevant statutes, the statutes shall control in all cases. Bidders with questions regarding legal requirements are strongly advised to consult their own counsel. 
  19.  In the event that the goods or services to be purchased require that the provider possess any license(s) issued by the State of New Jersey or any other governmental body, the bidder warrants by the submission of a bid that it possesses all such licenses.
  20. Pursuant to N.J.S.A. 40A:11-13, any prospective bidder who wishes to challenge a bid specification shall file such challenges in writing with the ACUA 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 ACUA, or the award of a contract.
  21. Bid openings and results can be accessed on the Authority's eProcurement Portal at: https://procurement.opengov.com/portal/acua
  22. Subsequent to bid opening, all information submitted by bidders in response to the bid solicitation is considered public information, except as may be exempted from public disclosure by the Open Public Records Act, N.J.S.A. 47:1A- et seq., and the common law.
  23. The Authority will not, prior to opening of bids, release the names of persons or entities who have picked up specification packages.  This list will be available at any time after bids are received.
  24. Any legal action relative to this proposal and any contracts that may or may not be awarded, as a result of this bid, shall be venued in the Superior Court of New Jersey in Atlantic County.
• LOCATION OF WORK —

  The work is located in Linwood, NJ. The exact location of the work in question can be found within the attached technical specifications and related materials. It should be noted that some of the pipelines/manholes have limited access.

• METHOD OF CONTRACT AWARD —

  The length of the contract shall be stated in the technical specifications. Pursuant to requirements of N.J.A.C. 5:30-5.1 et seq., any contract resulting from this bid shall be subject to the availability and appropriation of sufficient funds annually. Please see Section Termination of Contract [below], for additional information.

  If the award is to be made on the basis of a base bid only, it shall be made to that responsible bidder submitting the lowest base bid.  If the award is to be made on the basis of a combination of a base bid with selected options, it shall be made to that responsible bidder submitting the lowest net bid.  The owner may also elect to award the contract on the basis of unit prices.

  The form of contract shall be submitted by the Authority to the successful bidder. Terms of the specifications/bid package prevail. Bidder exceptions must be formally accepted by the Authority; material exceptions will result in rejection of the bid.

  Bidders must certify on the provided form if they are listed or not on the state's debarment list (The Wall, www.nj.gov/labor/ea/osec/wall.shtml). (N.J.S.A. 34:1A-1.16)

  Successful bidder/respondent shall complete W-9 Form and submit to the Authority prior to contract award. The form is available at the following link: www.irs.gov/pub/irs-pdf/fw9.pdf       

• SCOPE OF WORK —

  Bids are solicited for the Video Inspection and Cleaning of ACUA's Linwood Gravity Sewer Main. The work includes, but is not limited to, Light Cleaning and/or Heavy Cleaning and Video Inspection (CCTV) of approximately 9,742 LF of ACUA's Gravity Sewer pipeline located in Linwood, NJ. The pipeline ranges in size from 30” to 33” diameter. All work shall be performed according to the plans and specifications.

   

• USE OF PRESCRIBED FORMS —

  Bidders are required to use the prescribed forms for bid bond and consent of surety, which are provided as a part of this package. Substitute forms will not be accepted. Bidders are strongly advised to notify their bonding agents of this requirement. The issuing surety company shall supply with the bond a current Power of Attorney for its signatory on the bond.  If the specifications do not call for the provision of performance and/or payment bonds on the part of the contractor, then the Consent of Surety portions of the combined bid bond/consent of surety form shall be of no effect.

• EQUAL EMPLOYMENT OPPORTUNITY —

  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 Equivalent 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 contractor, in accordance with N.J.A.C. 17:27-7.

• CAUSES FOR REJECTING BIDS —

  Bids may be rejected for any of the following reasons:

  • All bids pursuant to N.J.S.A. 40A:11-13.2;
  • If more than one bid is received from an individual, firm or partnership, corporation or association under the same name;
  • Multiple bids from an agent representing competing bidders;
  • Failure to include either a bid guarantee pursuant to N.J.S.A. 40A:11-21 and certificate from a surety company pursuant to N.J.S.A. 40A:11-22;
  • The bidder submits a bid bond or surety company certificate electronically but fails to either (a) comply with the provisions of N.J.A.C. 5:34-5.3(f), which require that the bid bond or surety company certificate be submitted it in a format that permits the bond or certificate to be verified electronically through a verification code issued by the surety agency, or (b) send the original bid bond or surety company certificate prior to bid opening; 
  • The bid is inappropriately unbalanced;
  • The bidder is determined to possess, pursuant to N.J.S.A. 40A:11-4b, Prior Negative Experience; or,
  • 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 at its option, the Authority may accept the bid of the next lowest responsible bidder. (N.J.S.A. 40A:11-24b)
• TECHNICAL SPECIFICATIONS, GENERAL CONDITIONS AND RELATED PLANS —

  Please see Exhibits and Appendix Attachments Section for these documents.

• PAYMENT AND PERFORMANCE BOND —

  Bidders are advised that payment and performance (labor and material) bonds shall be executed by such sureties as are named in the current list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (as amended) by the Department of the Treasury and be authorized to transact business in the State of New Jersey.

• RETURN OF BID GUARANTEE —

  All bid guarantees, except the guarantees of the three (3) apparent lowest responsible bidders, shall be returned, unless otherwise requested by the bidder, within ten (10) days after the opening of the bids, Sundays and holidays excepted, and the bids of such bidders shall be considered withdrawn. Within three (3) days, Sundays and holidays excepted, after the awarding and signing of the contract and the approval of the contractor's performance bond, the bid guarantee of the remaining unsuccessful bidders shall be returned to them. If all bids are rejected, the bid guarantees of all bidders will be returned within five (5) working days thereafter.
• BRAND NAMES, STANDARDS OF QUALITY AND PERFORMANCE —

  Brand names and/or descriptions used in these specifications are to acquaint bidders with the types of goods and services desired and will be used as a standard by which goods and services offered as equivalent will be evaluated.

  When a specification uses "brand name or equivalent," the listed brand name shall serve as a reference or point of comparison for the functional or operational characteristic desired for the good or service being requested. Where a bidder submits an equivalent, it shall be the responsibility of the bidder to document the equivalence claim. Failure to submit such documentation shall be grounds for rejection of the claim of equivalence.

  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 successful 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.

  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.

• GENERAL INFORMATION —

  OWNER:

  Atlantic County Utilities Authority

  6700 Delilah Road

  Egg Harbor Twp., NJ 08234

  Marvin Embry, Chairman

  Matthew J. DeNafo, President

  (609) 272-6950

  Engineer:   

  Thomas R. Ganard PE, Chief Engineer

  Atlantic County Utilities Authority

  PO Box 996, Pleasantville, NJ 08232-0996

• OWNERSHIP DISCLOSURE STATEMENT —

  Pursuant to N.J.S.A. 52:25-24.2), bidders must submit a complete Ownership Disclosure Statement. It requires a list of the names and addresses of all persons and entities owning ten percent or more of its stock or interest, regardless of the type of business ownership. Bidders should carefully review the instructions before completing the form. Failing to complete the document disqualifies an offer as it cannot be fixed later. Sole proprietors list themselves as 100% owners. Non-profit entities simply fill in their name and check the appropriate box.

• NEW JERSEY BUSINESS REGISTRATION —

  Pursuant to N.J.S.A. 52:32-44, the Atlantic County Utilities Authority (“Contracting Agency”) is prohibited from entering into a contract with an entity unless the bidder/proposer/contractor, and each subcontractor that is required by law to be named in a bid/proposal/contract has a valid Business Registration Certificate on file with the Division of Revenue and Enterprise Services within the Department of the Treasury.

  Prior to contract award or authorization, the contractor shall provide the Contracting Agency with its proof of business registration and that of any named subcontractor(s). Subcontractors named in a bid or other proposal shall provide proof of business registration to the bidder, who in turn, shall provide it to the Contracting Agency prior to the time a contract, purchase order, or other contracting document is awarded or authorized.

  During the course of contract performance:

  1. the contractor shall not enter into a contract with a subcontractor unless the subcontractor first provides the contractor with a valid proof of business registration.
  2. the contractor shall maintain and submit to the Contracting Agency a list of subcontractors and their addresses that may be updated from time to time.
  3. the contractor and any subcontractor providing goods or performing services under the contract, and each of their affiliates, shall collect and remit to the Director of the Division of Taxation in the Department of the Treasury, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A. 54:32B-1 et seq.) on all sales of tangible personal property delivered into the State. Any questions in this regard can be directed to the Division of Taxation at (609) 292-6400. Form NJ-REG can be filed online at www.state.nj.us/treasury/revenue/busregcert.shtml.  

  Before final payment is made under the contract, the contractor shall submit to the Contracting Agency a complete and accurate list of all subcontractors used and their addresses.

  Pursuant to N.J.S.A. 54:49-4.1, a business organization that fails to provide a copy of a business registration as required, or that provides false business registration information, shall be liable for a penalty of $25 for each day of violation, not to exceed $50,000, for each proof of business registration not properly provided under a contract with a contracting agency. Information on how a business can obtain a certificate can be obtained on the Internet at www.nj.gov/njbgs or by phone at (609) 292-1730.

• AMERICAN GOODS AND PRODUCTS TO BE USED WHERE POSSIBLE —

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

• 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 the wages. In the event it is found that any worker, employed by the contractor or any subcontractor has been paid a rate of wages less than the prevailing wage required to be paid, the owner may terminate the contractor's or subcontractor's right to proceed with the work, or such part of the work as to which there has been a failure to pay required wages and prosecute the work to completion.

  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 http://lwd.dol.state.nj.us/labor/wagehour/wagerate/pwr_construction.html

  Certified payroll records must be submitted within ten days of payment to the agency and through the NJ Wage Hub (https://njwages.nj.gov).

  Pursuant to NJSA 34:11-56.29, very contractor and subcontractor shall keep an accurate record showing the name, craft or trade, and actual hourly rate of wages paid to each worker employed by him in connection with a public work and such records shall be preserved for two years from date of payment. The record shall be open at all reasonable hours to the inspection of the public body awarding the contract, to any other party to the lease or agreement to lease pursuant to which the public work is done, and to the commissioner.

• PUBLIC WORKS CONTRACTOR REGISTRATION ACT —

  The Public Works Contractor Registration Act (PWCRA) requires that all Contractors, including named Subcontractors, register with the Department of Labor and Workforce Development prior to submitting price proposals or engaging on certain public works contracts that exceed the prevailing wage threshold. The prevailing wage threshold is $2,000 for all non-municipal entities. No Contractor shall bid on any contract for public work as defined in section 2 of P.L.1963, c. 150 (C.34:11-56.26) unless the Contractor is registered pursuant to this act. No Contractor shall list a Subcontractor in a bid proposal for the contract unless the Subcontractor is registered pursuant to P.L.1999, c.238 (C.34:11-56.48 et seq.) at the time the bid is made. The law requires that Contractors submit certificates after a bid proposal is received and prior to the award of the contract (N.J.S.A. 34:11-56.55).

  Additional information on the PWCRA can be obtained from the:

  Contractor Registration Unit                         Telephone: 609-292-9464
  Division of Wage and Hour Compliance       Fax: 609-633-8591
  New Jersey Department of Labor                 Email: contreg@dol.state.nj.us
  PO Box 389                                                   Web site: www.nj.gov/labor/lsse/lspubcon.html
  Trenton, New Jersey 08625-0389

  The web site has links to the PWCRA Registration Form, Listing of Contractors, Prevailing Wages and other useful information.

  Contact the Division of Local Government Services at (609) 292-7842, by fax at (609) 633-6243 or by e-mail at lpcl@dca.state.nj.us for assistance in the application of the Local Public Contracts Law or related PWCRA issues. As specific situations are presented to the contracting unit, local legal advisors should review this guidance as to its applicability.

  If the ACUA has requested prevailing wage rates for this project the appropriate rates for Atlantic County will be included in this bid package.

• TRUTH IN CONTRACTING —

  Bidder should be aware of the following statutes:

  1. N.J.S.A. 2C:21-34, et seq. governs false claims and representations by bidders. It is a serious crime for the bidder to knowingly submit a false claim and/or knowingly make material misrepresentation.
  2. N.J.S.A. 2C:27-10 provides that a public servant commits a crime if said public servant solicits or receives a benefit directly or indirectly, for an official act performed or to be performed by a public servant, which is a violation of official duty.
  3. N.J.S.A. 2C:27-11 provides that a bidder commits a crime if said person, directly or indirectly, confers or agrees to confer any benefit not allowed by law to a public servant.
  4. Bidder should consult the statutes or legal counsel for further information.
• NEW JERSEY RIGHT TO KNOW —

  The manufacturer or supplier of chemical substances or mixtures shall label them in accordance with the N.J. Worker and Community Right to Know Law (N.J.S.A. 34:5A-1 et seq., and N.J.A.C 8:59-1.1 et seq.,). 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) pursuant to N.J.A.C. 8:59-5. "Container" means a receptacle used to hold a liquid, solid or gaseous substance such as bottles, bags, barrels, cans, cylinders, drums and cartons. (N.J.A.C. 8:59-1.3). Further, all applicable Material Safety Data Sheets (MSDS) - hazardous substance fact sheet - must be furnished. All containers which are stored at an owner’s facilities by the contractor or subcontractors shall display RTK labeling. Vendors with questions concerning labeling should contact the New Jersey Department of Health and Senior Services Right to Know Program for assistance in developing proper labels. www.nj.gov/health/workplacehealthandsafety/right-to-know/

• DISCLOSURE OF CONTRIBUTIONS TO ELEC —

  Any business entity making a contribution of money or any other thing of value, including an in-kind contribution, or pledge to make a contribution of any kind to a candidate for or the holder of any public office having ultimate responsibility for the awarding of public contracts, or to a political party committee, legislative leadership committee, political committee or continuing political committee, which has received in any calendar year $50,000 or more in the aggregate through agreements or contracts with a public entity, shall file an annual disclosure statement with the New Jersey Election Law Enforcement Commission (ELEC), established pursuant to section 5 of P.L.1973, c.83 (N.J.S.A. 19:44A-5), setting forth all such contributions made by the business entity during the 12 months prior to the reporting deadline. Additional information on this requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.

• CONE OF SILENCE —

  Potential bidders/respondents and their agents must not communicate in any way with the ACUA Officers, Board of Commissioners, or any ACUA staff other than Purchasing personnel in reference or relation to this solicitation. This restriction is effective from the time of bid advertisement until the Board of Commissioners meets to authorize award. Such communication may result in disqualification.

• MAINTENANCE OF RECORDS —
  1. Information is subject to public disclosure laws.
  2. Contractor must maintain documentation for five years.
  3. Records must be available to the State Comptroller and agency.
  4. Certain records are protected from public disclosure.
  5. Agency retains right to make public disclosures under law.
  6. Contractor prohibited from selling agency information.
  7. Certain government records are confidential by law. Both parties and any subcontractors have a responsibility to safeguard employee personal information from public disclosure.
  8. Payroll, personnel, and health insurance files are confidential, as are administrative or technical information regarding computer hardware, software and networks that, if disclosed, would jeopardize computer security. Contractors may be privy to sensitive law enforcement information that must remain confidential.
• TERMINATION OF CONTRACT —

  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 Authority 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 Authority of any obligation for balances to the contractor of any sum or sums set forth in the contract. The Authority will pay only for goods and services accepted prior to termination.

  Notwithstanding the above, the contractor shall not be relieved of liability to the Authority for damages sustained by the Authority by virtue of any breach of the contract by the contractor and the Authority may withhold any payments to the contractor for the purpose of compensation until such time as the exact amount of the damage due the Authority from the contractor is determined.

  The contractor agrees to indemnify and hold the Authority harmless from any liability to subcontractors/suppliers concerning payment for work performed or goods supplied arising out of the lawful termination of the contract by the Authority under this provision.

  In case of default by the contractor, the Authority may procure the goods or services from other sources and hold the contractor responsible for any excess cost.

  It is understood by all parties that if, during the life of the contract, the contractor disposes of his/her business concern by acquisition, novation, merger, sale and or/transfer or by any means convey his/her interest(s) to another party, all obligations are transferred to that new party. In this event, the new owner(s) will be required to submit all documentation/legal instruments that were required in the original bid/contract. Any change shall be approved by the Authority.

  The contractor will not assign any interest in the contract and shall not transfer any interest in the same without the prior written consent of the Authority.

  For contracts that exceed one year, each fiscal year payment obligation of the Authority is conditioned upon the availability of Authority funds appropriated or allocated for the payment of such an obligation. If funds are not allocated and available for the continuance of any services performed by the bidder awarded the contract (contractor) hereunder, whether in whole or in part, the Authority at the end of any particular fiscal year may terminate such services. The Authority will notify the contractor in writing immediately of any services that will be affected by a shortage of appropriated funds. This provision shall not be construed so as to permit the Authority to terminate the contract during the term, or any service hereunder, merely in order to acquire identical services from another contractor.

  Neither party shall be responsible for any resulting loss or obligation to fulfill duties as specified in any of the terms or provisions of a contract if the fulfillment of any term or provision of the contract is delayed or prevented by any revolutions, insurrections, riots, wars, acts of enemies, national emergencies, strikes, floods, fires, acts of God, or by any cause not within the control of the party whose performance is interfered with which by the exercise of reasonable diligence such party is unable to prevent. Additionally, if the fulfillment of any of the terms and provisions of the contract is delayed or prevented by any court order, or action or injunction or other such agreement, the contract shall become voidable by the Authority by notice to the parties.

• Force Majeure —

  Neither party is responsible for delays due to uncontrollable events. Contract may become voidable if delayed by court order or injunction.

• Succession of Contract —

  If contractor changes ownership, obligations transfer to the new party. New contractor must submit all required documentation. ACUA must approve any changes. 

• Ownership of Material —

  The agency retains ownership of all project-related documents and property, both physical and digital, provided to the contractor. This material cannot be disclosed to others or used outside the contract's scope without written agency consent. The contractor cannot use, sell, or disclose the work product or share it with third parties without prior written agency consent. Project information may require secure cloud storage access or delivery on compatible media.

• TIME OF COMPLETION —

  Contractor shall fully complete the work within the time stated in the Contract Documents for completion of work.  The Contract Time shall commence on the date set forth in the Notice to Proceed or as otherwise provided by the General Conditions.

• ATLANTIC COUNTY UTILITIES AUTHORITY PAYMENT CYCLE —

  As established by Board Resolution 06-12-232, the payment cycle at the Atlantic County Utilities Authority shall be as follows:

  1. Invoices and all other documentation required for approval of payment must be received by the Authority on or before the first Friday of a month for payment in that month’s payment cycle.
  2. Invoices received by the first Friday of any given month will be submitted to the Board of Commissioners at their regularly scheduled meeting, which occurs on the third Thursday of every month.
  3. The approval of said payments by the Board of Commissioners is subject to a veto of the minutes by the County Executive pursuant to statute, which either occurs within ten days or is waived.
  4. Payments will be issued by the Authority within five working days of formal notification by the County Executive that the minutes are approved or within five working days of the failure to the County Executive to act within ten days of receipt of the minutes.
• EXAMINATION OF CONTRACT DOCUMENTS AND WORK AND UNFORESEEN CONDITIONS —

  Bidders are required to satisfy themselves, by examination of the Contract Documents and physical examination of the site of the work, as to all existing conditions and all actual or potential difficulties likely to be encountered in the performance of the work.  Site visits may be scheduled by contacting the Engineering Department at 609-272-6907.

  It shall be the responsibility of the bidder to verify the types of materials which may be encountered during construction.  The bidder or contractor shall not be permitted to use any of the information obtained by him in such determination and examination as a basis or ground of claim or demand of any nature against the Owner arising from or by reason of any variance which may exist between the materials found by his examination and actual materials encountered during the performance of the work.

  No plea of ignorance of conditions that were known or should have, in the exercise of reasonable diligence in examining the work prior to bidding, been known to the bidder at the time of bidding will be accepted as an excuse for the failure or omission on the part of the contractor to fulfill in every respect all of the requirements of the contract, nor will the same be accepted as a basis for any claim whatsoever for extra compensation or for an extension of time.

• CHANGED SITE CONDITIONS —

  N.J.S.A.40A:11-16.7 Changed conditions clauses for certain local public contracts.

  1. In accordance with N.J.S.A. 40A:11-16.7, this Contract is subject to the following differing site conditions provisions:
     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) of this subsection, or upon the Owner otherwise learning of differing site conditions, the contracting unit shall promptly undertake an investigation to determine whether differing site conditions are present.
     3. If the Owner determines different site conditions that may result in additional costs or delays exist, the contracting unit shall provide prompt written notice to the contractor containing directions on how to proceed.
     4.         
        1. The Owner shall make a fair and equitable adjustment to the contract price and contract completion date for increased costs and delays resulting from the agreed upon differing site conditions encountered by the Contractor.
        2. If both parties agree that the Owner’s investigation and directions decrease the Contractor’s costs or time of performance, the contracting unit shall be entitled to a fair and equitable downward adjustment of the contract price or time of performance.
        3. If the Owner determines that there are no differing site conditions present that would result in additional costs or delays, the contracting unit 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 contracting unit for additional compensation or time attributable to the alleged differing site conditions.
     5. Execution of the contract by 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.
     6. As used in this subsection, “differing site conditions” 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.
  2. In accordance with N.J.S.A. 40A:11-16.7, this Contract is subject to the following suspension of work provisions:
     1. The Owner shall provide written notice to the contractor in advance of any suspension of work lasting more than 10 calendar days of the performance of all 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 contracting unit for more than 10 calendar days due to no fault of the contractor or as a consequence of an occurrence beyond the contracting unit’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 10 calendar days following the conclusion of the suspension, notifies the contracting unit, 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 contracting unit. Whenever a work suspension exceeds 60 days, upon seven days’ written notice, either party 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 subsection, the Owner shall promptly evaluate the contractor’s notice and promptly advise the contractor of its determination on how to proceed in writing.
     4.            
        1. If the Owner determines that the Contractor is entitled to additional compensation or time, the contracting unit shall make a fair and equitable upward adjustment to the contract price and contract completion date.
        2. If the Owner 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 contracting unit 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 contracting unit can prove by clear and convincing evidence that the lack of notice or delayed notice by the contractor actually prejudiced the contracting unit’s ability to adequately investigate and defend against the claim.
  3. In accordance with N.J.S.A. 40A:11-16.7, this Contract is subject to the following change in character of work provisions:
     1. If the Contractor believes that a change directive by the Owner results in a material change to the contract work, the Contractor shall so notify the contracting unit 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) of this subsection, the contracting unit shall promptly evaluate the contractor’s notice and promptly advise the contractor of its determination on how to proceed in writing.
     3.          
        1. If the Owner determines that a change to the Contractor’s work caused or directed by the Owner materially changes the character of any aspect of the contract work, the Owner 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 at the time of contracting and the actual cost of such work as a result of its change in character, or as otherwise mutually agreed upon by the Contractor and the Owner prior to the Contractor performing the subject work.
        2. If the Owner 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 Owner for additional compensation or time attributable to the alleged material change.
     4. As used in this subsection, “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.
  4. In accordance with N.J.S.A. 40A:11-16.7, this Contract is subject to the following change in quantity provisions:
     1. The Owner may increase or decrease the quantity of work to be performed by the Contractor.
     2.           
        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 Owner shall make payment for the quantity of the pay item performed at the bid price for the pay item.
     4.              
        1. For a major increase in quantity, the Owner 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 increase, the Owner 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.
        2. For a major decrease in quantity, the Owner 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 Owner 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 Owner 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. As used in this subsection, the term “bid proposal quantity” means the quantity indicated in the bid proposal less the quantities designated in the project plans as “if and where directed.”
• VALUE ENGINEERING —

  Pursuant to N.J.S.A. 40A:11-16.6, all construction contracts issued by a contracting unit when the total price of the originally awarded contract equals or exceeds $5,000,000.00 dollars shall allow for value engineering construction change orders to be approved after the award of the contract.

  For the purpose of this Act:

  "Construction" shall mean the construction, reconstruction, demolition, erection, alteration, or repair of a structure or other improvement to real property, other than the construction, reconstruction, demolition, or renovation of a public building.

  "Value engineering construction change order" shall mean a change order that results in cost reductions to a project or any portion of the work from the original bid specifications after a construction contract is awarded.

  “Value engineering construction proposal" shall mean a cost reduction proposal based on analysis by a Contractor of the functions, systems, equipment, facilities, services, supplies, means and methods of construction, and any other item needed for the completion of the contract consistent with the required performance, quality, reliability, and safety.

  Value engineering construction change orders shall be subject to the following provisions:

  1. Value engineering construction change orders shall not be utilized to impair any of the essential functions, or characteristics of the project, or any portion of the work involved.
  2. The Contractor shall submit a value engineering construction proposal that completely describes the changes to the original specifications or proposal, impact on other project components, advantages and disadvantages of the proposed change, cost estimates and calculations on which they are based, any impact on the contract time schedule, and any other relevant information that the ACUA may require in order to review the value engineering construction proposal. The Contractor's cost for developing the value engineering construction proposal shall not be eligible for reimbursement by the ACUA.
  3. The Contractor shall be liable for all reasonable costs incurred by the ACUA for the technical evaluation and engineering review of a value engineering construction proposal presented by the Contractor.
  4. The ACUA’s Engineer shall prepare a written report for the governing body that shall evaluate the value engineering construction proposal, make a recommendation on whether or not it should be accepted, rejected, or modified, and state to the City and the Contractor the amount of any projected cost savings.
  5. The proposal shall not be approved unless the Engineer reports to the governing body that the proposal appears consistent with the required performance, quality, reliability, and safety of the project and does not impair any of the essential functions, or characteristics of the project, or any portion of the work involved.
  6. The ACUA’s shall have the sole discretion to approve or disapprove a value engineering construction proposal.
  7. The Contractor and the ACUA shall equally share in the cost savings generated on the contract as a result of an approved value engineering construction change order. Once the project is completed, the ACUA's engineer shall verify the cost savings to reflect the actual cost of the work, and such verified cost saving shall be the basis for the savings shared equally with the Contractor.
  8. Value engineering construction change orders shall be subject to the following provisions:
  9. The Contractor shall have no claim against the ACUA as a result of the ACUA's disapproval of a value engineering construction proposal.
  10. The ACUA shall include in its bid specifications and contract documents procedures to regulate the value engineering construction change order process. Such procedures shall be based on procedures established by the New Jersey Department of Transportation, or any other appropriate State agency, and/or rules duly adopted by the Director of the Division of Local Government Services (NJDLGS).
  11. This section shall not invalidate or impair rules regarding change orders adopted by the Director of the Division of Local Government Services prior to the effective date of this Act. Notwithstanding any provision of P.L. 1968, c.410 (C.52:14B-1 et seq.) to the contrary, the Director may adopt, immediately upon filing with the Office of Administrative Law, such rules and regulations as the Director deems necessary to implement the provisions of P.L. 2005, c.67 (C.40A:11-16.6) which shall be effective for a period not to exceed twelve (12) months. The regulations shall thereafter be amended, adopted or readopted in accordance with the provisions of P.L. 1968, c.410 (C.52:14B-1 et seq.). L.2005, c. 67, s. 1.
• SITE CONDITIONS AND UTILITIES —

  It shall be the contractor's responsibility to cope with any water encountered during construction.  The cost of all pumping, sheeting, well points, stone base and all else required to handle said conditions shall be borne by the contractor.  No claim for extra payment shall be made for water conditions encountered.  The Contractor shall ascertain the location and/or depth of all underground and aerial utilities and he shall assume full responsibility for their protection, repair said utilities if damaged, and relocate them if and where required.

• NON-DEBARMENT FOR FEDERAL GOVERNMENT CONTRACTS —

  Pursuant to state law N.J.S.A. 52:32-44.1 any natural person, company, firm, association, corporation, or other entity prohibited, or “debarred,” from contracting with the federal government agencies, shall also be prohibited from contracting for public work in the state of New Jersey. This prohibition also extends to any affiliate organization(s) held by or subject to the control of an entity of that prohibited person or entity.

  Prior to awarding any contract for public work, the Owner must obtain written certification from the Contractor through the form below, attesting to their non-debarment from contracting with federal government agencies. Contractors are reminded that they must fill-in the boilerplate information in the certification sections of Parts II through IV regarding their name and type of contracting unit before using the form.

  No contract will be awarded to a person or entity debarred from contracting pursuant to N.J.A.C. 7:1D-2 (Debarment, Suspension and Disqualification from Department Contracting). By the act of bidding, the bidder certifies that it has not been debarred, suspended or disqualified pursuant to the above regulation and that it will not contract with any debarred, suspended or disqualified subcontractor.

• UTILIZATION OF UNION LABOR —

  The Owner neither requires nor prohibits the use of union labor in any part of the Work; all matters of labor relations are considered to be purely within the Contractor’s discretion.  No additional compensation will be paid, nor will any extension of time for the performance of the Work be granted, by reason of the use of union labor or arising from any labor relations difficulties encountered by Contractor or any subcontractor including any time or productivity alleged to be lost by any picketing, work stoppage, or other activity affecting the jobsite.   

• SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS (SED) —

  The successful bidder shall be advised that the Owner, as stipulated in N.J.A.C. 7:22-3.17(a)24 and &;22-4.17(a), or 7:22-6.17(a)24, has set a goal of no less than 10% of the total amount of all contracts associated with this bid be awarded to SED's.  The successful bidder must comply with all provisions of N.J.A.C. 7:22-9.1 et seq.

• FORFEITURE OF DEPOSIT IN CERTAIN CASES —

  According to N.J.S.A. 40A: 11-33, a deposit made by any person who makes or causes to be made a false, deceptive or fraudulent statement or answers in response to a questionnaire or in the course of hearing hereunder may be caused to be forfeited, as liquidated damages by and to the contracting unit.

• PENALTIES FOR FALSE STATEMENTS —

  Pursuant to N.J.S.A. 40A: 11- 34, any person who makes or causes to be made a false, deceptive or fraudulent statement or answers in response to a questionnaire or in the course of hearing hereunder, shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than $100.00 nor more than $1,000.00, and shall be permanently disqualified from bidding on all public work or contracts of the contracting unit which submitted the questionnaire; or, in the case of an individual or an officer or employee charged with the duty of responding to the questionnaire for a person, firm, copartnership, association or corporation, by such fine or by imprisonment, not exceeding 6 months, or both.

Submission Requirements

• Required Bid Forms (Standard Construction Document) (required) —

  Once you start your proposal you will be asked to complete a DocuSign form containing the following:

  • Signature and Certification Form
  • Ownership Disclosure Form
  • Certification of Non-Debarment for Federal Contracts
  • Subcontractors Listing
  • Bid Checklist

  Each bidder is required to complete the designated DocuSign PowerForm as part of its bid submission. The PowerForm must be completed exclusively through DocuSign by an authorized representative of the bidder prior to the bid submission deadline. Upon completion, the bidder shall upload that completed document within the OpenGov Procurement portal as part of the final bid submission.

  Failure to complete the PowerForm through DocuSign and include the executed copy in the OpenGov submission shall render the bid non-responsive and subject to rejection. The contracting authority reserves the right to verify the authenticity of any PowerForm submission through DocuSign records.

  Detailed instructions for completing and submitting the required PowerForm are provided in the document titled “Instructions for Completing Forms in DocuSign,” which is included with this solicitation. Bidders are responsible for reviewing and following those instructions in full.

• Required Bid Forms (Trust Construction Document) (required) —

  Once you start your proposal you will be asked to complete a DocuSign form containing the following:

  • Signature and Certification Form
  • Ownership Disclosure Form
  • Certification of Non-Debarment for Federal Contracts
  • Non-Collusion Affidavit
  • Certification of Equal Employment Opportunity
  • Certification of Nonsegregated Facilities
  • State Treasurer's List of Debarred Bidders
  • Subcontractors Listing
  • Bid Checklist

  Each bidder is required to complete the designated DocuSign PowerForm as part of its bid submission. The PowerForm must be completed exclusively through DocuSign by an authorized representative of the bidder prior to the bid submission deadline. Upon completion, the bidder shall upload that completed document within the OpenGov Procurement portal as part of the final bid submission.

  Failure to complete the PowerForm through DocuSign and include the executed copy in the OpenGov submission shall render the bid non-responsive and subject to rejection. The contracting authority reserves the right to verify the authenticity of any PowerForm submission through DocuSign records.

  Detailed instructions for completing and submitting the required PowerForm are provided in the document titled “Instructions for Completing Forms in DocuSign,” which is included with this solicitation. Bidders are responsible for reviewing and following those instructions in full.

• Are you submitting a Bid Bond and Consent of Surety (Power of Attorney) (required) —

  This solicitation requires a Bid Guarantee in the form of Bid Bond, Cashier's or Certified Check. If you respond "No" to this question, you will be prompted to submit a Bid Guarantee via certified or cashier's check. 

• Bid Guarantee - Certified or Cashier's Check (required) —

  To submit a cashier's check, please upload a scanned copy of the check in addition to completed copy of document below to be able to submit an electronic response before 11:00 am on Thursday, May 7, 2026. In addition to a scanned copy, the bidders is required to mail the cashier's check to below address before 11:00 am on Thursday, May 7, 2026 to be deemed responsive. 

  If mailing check via USPS, please mail to:

  P.O. Box 996 Pleasantville, NJ 08232

  If mailing check via private carrier (such as UPS, FedEx, DHL, etc,) please mail to: 

  6700 Delilah Road, Egg Harbor Township, NJ 08234

• Bid Bond, Consent of Surety and Consent of Surety on Behalf of Principal and Subcontractors (required) —

  Important – Bid Security Submission Requirement
  All bidders must upload a PDF copy of both the Bid Bond and Consent of Surety with their online submission. If the documents are electronically verifiable (with verification code/QR link), no originals are required. If the documents are not verifiable, bidders must also deliver original, wet-signed and sealed Bid Bond and Consent of Surety to ACUA before the bid opening. Failure to provide both the required PDF upload and verifiable security (either electronic or original hard copy) will result in rejection of the bid as non-responsive.

  READ THIS SECTION CAREFULLY. IF YOU DO NOT ATTACH A COMPLIANT BOND, YOU MUST ALSO SUBMIT AN ORIGINAL COPY. THIS IS YOUR WARNING.

• Consent of Surety - Payment and Performance Bond (required) —

  Important – Bid Security Submission Requirement

  All bidders must upload a PDF copy of their Consent of Surety with their online submission. If the documents are electronically verifiable (with verification code/QR link), no originals are required. If the documents are not verifiable, bidders must also deliver original, wet-signed and sealed Bid Bond and Consent of Surety to ACUA before the bid opening. Failure to provide both the required PDF upload and verifiable security (either electronic or original hard copy) will result in rejection of the bid as non-responsive.

  READ THIS SECTION CAREFULLY. IF YOU DO NOT ATTACH A COMPLIANT SURETY, YOU MUST ALSO SUBMIT AN ORIGINAL COPY. THIS IS YOUR WARNING.

• General Insurance and Indemnity Requirements —

  Please download the below documents, complete, and upload.

• New Jersey Business Registration Certificate —

  Please include your New Jersey Business Registration Certificate (Including for all listed Subcontractors).

• Public Works Registration Certificate —

  Please include your Public Works Registration Certificate (Including for all listed Subcontractors)

• Equal Employment Opportunity/Affirmative Action Evidence —

  Please upload documents here.

• Required Bid Documents —

  Any documents which are required as a result of this bid document can be uploaded and attached here.

• Bid Proposal Upload (required)
• Choose which best describes your project: (required)
• NJDEP Project Number (required)
• Pricing (required) —
  • Choose Option 1 when you have set line items, for example:
    • This is a quote for goods or commodities.
    • This is a public works bid, with a pricing table that can be uploaded into OpenGov Procurement from an Excel spreadsheet.
    • Seeking services for hourly rate schedules.
  • Choose Option 2 when you need vendors to provide you with the line items