This is a service / maintenance or supply contract in Rahway, New Jersey. Contact the soliciting agency for additional information.

Until the actual award and execution of a Contract, the Authority reserves its right to reject all bids. Bids must be accompanied by a bid guarantee in the form of certified check, cashier's check, or bid bond drawn to the order of the Authority, for no less than ten percent (10%) of the amount bid, but not in excess of Twenty Thousand Dollars ($20,000), except as otherwise provided by N.J.S.A. 40A:11-21. All spaces on the forms to be completed by the bidder must be completed. If a space or the answer to a question is not applicable, the bidder must indicate such with the notation "Not Applicable", and must note the same on the Bidders Checklist. The Authority reserves the right to reject any bid for failure to provide any information requested or to indicate "Not Applicable". Notices of revisions or addenda to the bid documents or advertisements shall be provided in accordance with N.J.S.A. 40A:11- 23 no later than seven (7) business days, Saturdays, Sundays and holidays excepted, prior to the date for accepting bids. All bids must be accompanied by an Acknowledgement Form acknowledging the Bidder's receipt of any such notice of revisions or addenda to the advertisement or bid documents. The Authority reserves the right to reject any or all bids pursuant to N.J.S.A. 40A:11-13.2, if deemed to be in the interest of the Authority to do so, to waive any informalities in the bids received, except those informalities which violate any legal requirements, and to accept the lowest responsible bid. Any prospective bidder who wishes to challenge a bid specification or any aspect of the bidding process shall file such challenges in writing with the Authority no less than three (3) business days prior to date specified in this notice for the opening of the bids. Challenges filed after that time shall be considered void and having no impact on the Authority or the award of a contract. No bid may be withdrawn after sixty (60) days of the date specified for the opening of bids except as provided for in N.J.S.A. 40A:11-24. Bidders are required to comply with the requirements of N.J.S.A. 10:5-31 et seq. (L. 1975, c. 127). Bidders are required to comply with the requirements of the Law Against Discrimination in public contracts as set forth in N.J.S.A. 10:5-31 et seq. Bidders are advised that they must familiarize themselves with the current version of the Code of Ethics of the Rahway Valley Sewerage Authority, and the successful bidder shall be bound by such Code of Ethics. CONTRACT TERM The period of this contract will be as stipulated in Exhibit A, and may include extensions as permitted by law, upon mutual agreement between the Authority and the Contractor(s) and subject to the availability of funds. Prior to the contract expiration date, any extension contract must be awarded by resolution of the governing body upon finding that services are being performed in an effective and efficient manner. The contract term may be extended by one two-year, or two one-year, extensions, and cannot exceed a total of five consecutive years except as otherwise provided by law. The pricing submitted with this bid is valid throughout the term of the contract, and any changes in price pursuant to extensions of the original term of this agreement shall be made in accordance with N.J.S.A. 40A:11-15. CONSENT OF SURETY In addition to the Bid Security, each bid must be accompanied by one (1) or more consent of surety statements, in a form similar to the Certificate attached as Exhibit E, of one (1) or more surety companies authorized by the State of New Jersey Department of Banking and Insurance to issue Bonds in the State of New Jersey and acceptable to the Authority, unconditionally agreeing, in the event the Bidder is awarded the Contract, to furnish a performance bond(s) pursuant to N.J.S.A. 2A:44-143 (Performance Bond). In the event the surety company or companies choose(s) to furnish its (their) own form of Certificate, the substituted form must be substantially in compliance with the form provided herein and with all relevant local, state, and federal laws in order for the Authority to consider the bid. The bidder may choose to have one surety company furnish the performance bond(s) and maintenance bond or to have different companies furnish the performance bond(s) and/or maintenance bond. If the latter situation exists, separate statements of surety, one from each company referring to the particular bond(s) to be provided by said company must be furnished with the bid. Each consent of surety shall be accompanied by the appropriate certified copy of a power of attorney or certificate of authority where the consent is executed by surety's agent, officer or other representative and the certified financial statement of the surety. Pursuant to N.J.S.A. 40A:11-23.2, when required by the bid plans and specifications, the failure to submit this Certificate of Surety shall be deemed a fatal defect that shall render the bid proposal unresponsive and that cannot be cured by the governing body. PERFORMANCE SECURITY (WHERE APPLICABLE) Within ten (10) days after receipt of the Notice of Award or simultaneously with the delivery of the executed Contract, whichever is later, Contractor shall furnish a surety bond of face value equal to one hundred percent (100%) of the Contract price at its expense as security for faithful performance of the Contract, and for the payment of all persons performing labor on the project under the Contract and furnishing materials in connection therewith, all as specified in the Contract Documents. The Performance Bond shall be in the form identical to or substantially similar, as determined by the Authority, to that annexed as Exhibit F. The surety on such bond shall be duly authorized by the State of New Jersey Department of Banking and Insurance to issue Bonds in the State of New Jersey and satisfactory to the Authority, except as otherwise provided by N.J.S.A. 40A:11-22 and except as modified by the Authority by separate resolution. If the surety is an individual, he/she must comply with Authority Resolution #93-51 previously adopted regarding sureties, which is attached as Exhibit V. If the Contractor is a partnership, the bond is to be signed by each of the individual partners; if a corporation, the bond is to be signed in the correct corporate name by a duly authorized officer, agent or attorney-in-fact. There shall be executed an appropriate number of counterparts of the bond corresponding to the number of counterparts of the Contract. Each executed bond shall include: A. An appropriate acknowledgment of the respective parties; B. An appropriate certified copy of a power of attorney or certificate of authority when the bond(s) is (are) executed by surety's agent, officer or other representative. C. A certified extract from the by-laws or resolution of the surety under which power of attorney or other certificate of authority of agent, officer or representative was issued. D. A Surety Disclosure Statement and Certification. NOTE: When a Performance Bond is required, for any and all contracts that have a duration of more than one year, the performance bond, if applicable, shall be for the amount of the first year of the contract and shall remain in full force and effect for one year after payment for that year. The performance bond shall be renewed annually and in the amount of the subsequent years' contract, for the duration of the contract. The final bond shall be in full force and effect for one year after the final payment. RELEASE OF PERFORMANCE SECURITY (WHERE APPLICABLE) The performance bonds provided to the Authority shall not be released until final acceptance by the Authority of all services to be provided by the Contractor, and then only if all liens or claims have been satisfied and approved by the Authority and duly issued by the surety or sureties. MAINTENANCE BOND (WHERE APPLICABLE) A maintenance bond shall be provided prior to Final Payment and release of the performance bond, from a surety company acceptable to the Authority and approved by it as to form and execution for the faithful performance of all guarantees and warranties. Such bond shall be for a period of one year from the date of Final Payment, in an amount equal to one hundred percent (100%) of the project costs, and shall guarantee and warranty the stability of all materials, equipment and work performed, guarantee and warranty that Contractor or surety shall promptly make good and/or correct all poor or inferior materials, equipment and work, and guarantee and warranty that Contractor or surety shall promptly remedy all defects in materials, equipment or workmanship, all shrinkage, settlement, or other faults of any kind whatsoever arising therefrom, at Contractor's and/or surety's own expense, when notified in writing to do so by the Authority, and to the satisfaction of the Authority. Contract Period: TWO (2) YEARS, commencing January 1, 2025 or as soon as possible thereafter that a contract may be executed. Extensions may be awarded upon mutual agreement as stipulated under "Contract Term".