13-NBCUA CONTRACT 25-003 FINAL.pdf

C O N T R A C T

DISPOSAL OF INCINERATOR ASH

for the

WASTEWATER TREATMENT PLANT

CONTRACT NO. 25-003

for the

NORTHWEST BERGEN COUNTY UTILITIES AUTHORITY

WALDWICK, NEW JERSEY

THIS AGREEMENT, made and executed at Waldwick, New Jersey, this day of , 20 , by and between the Northwest Bergen County

Utilities Authority, a public body of the State of New Jersey, herein called the "Authority" and

, a

(corporation,) (partnership,) (individual) of hereinafter called the "Contractor."

WITNESSETH: That the Contractor has agreed and by these presents does agree with the Authority, for the prices bid and stipulated in the Proposal annexed hereto and expressly made a part hereof, and under the terms and conditions expressed in the specifications and bid documents for all work and materials, which are expressly made a part hereof, and under the terms and conditions expressed in the Bonds and Agreement of Surety bearing even date, expressly made a part hereof, with these presents and annexed hereto, to furnish at the Contractor's own cost and expense, all the necessary materials, equipment, labor, superintendence, tools and appliances and to execute, in an expeditious and workmanlike manner, the Work of this Contract No. dddd commencing the

Work upon receipt of written notice from the Authority to commence the Work and performing the same within the time and in the manner specified and in conformity with the requirements and pursuant to the terms and conditions set forth in the Contract Documents of said Work on file in the office of the Authority, which non-exclusively includes all general provisions, specifications, instructions, bid documents, bid proposals and drawings, all of which are expressly made a part hereof, performing and doing all of same to the satisfaction and acceptance of said Authority. This Contract shall remain in force for a period of two (2) years after the date of said notice to commence work.

The Contractor shall proceed with the said Work in a prompt and diligent manner and shall do the several parts thereof at such times and in such order as may be approved or required by the Authority. Further, the Contractor shall complete the whole of said Work within the times as stipulated in the Proposal and in accordance with the

Contract Documents, to the satisfaction and acceptance of the Authority, and in default thereof agrees that the

Authority may retain monies as stipulated in the Proposal, such monies agreed to be liquidated damages accruing to the Authority incident to such default and delays.

The Authority shall not be liable to the Contractor for any neglect, default, delay or interference of or by any other contractor, nor shall any such neglect, default, delay or interference of any contractor, or alteration which may be required in said Work, release the Contractor from the obligation to finish the said Work within the time aforesaid or from the liquidated damages to be paid in default thereof.

DISPOSAL OF INCINERATOR ASH CONTRACT 25-003

NORTHWEST BERGEN COUNTY UTILTIES AUTHORITY E2

NBCUA-BID-25-003

The Authority shall pay and the Contractor shall receive the prices bid in the Proposal hereto annexed as full compensation for furnishing all materials and equipment (inclusive of all shipping cost or charges) and labor in performing all the services required in the prosecution and completion of the herein described Work and appurtenances in the manner and under the conditions herein specified, and for fully complying with the terms and conditions of this Contract; provided that subsequent imposition, discontinuance, increase or decrease of

State or Federal or local taxes may be adjusted, provided claim therefor is presented within 30 days of the effective date thereof and supported by evidence of such change.

Subject to the applicable provisions of law, this Contract shall be in a full force and effect as a contract from and after the date when a fully executed and approved counterpart hereof is delivered to the Contractor.

The parties to this Contract do hereby agree that the provisions of N.J.S.A. 10:2-1 through 10:2-4, dealing with discrimination in employment on public contracts, N.J.S.A. 34:11-56.25 et seq., dealing with the prevailing wage rate, and the rules and regulations promulgated pursuant thereto, as well as the dispute resolution provisions of

N.J.S.A. 40A:11-5 as set forth in the Agreement on Page E7 hereof, are hereby made a part of this contract and are binding upon them.

IN WITNESS WHEREOF: The parties hereto have executed this agreement the day and year first above mentioned.

NORTHWEST BERGEN COUNTY UTILITIES AUTHORITY

Attest: By:

(Signature and Title) (Signature of Chairman or Vice Chairman)

(Print Name and Title) (Print Name and Title)

AFFIX SEAL OF NORTHWEST

BERGEN COUNTY UTILITIES

AUTHORITY

CONTRACTOR

Attest: By:

(Signature and Title) (Signature of Authorized

Representative of Contractor)

(Print Name and Title) (Print Name and Title)

AFFIX CONTRACTOR'S SEAL

(if corporation)

NORTHWEST BERGEN COUNTY UTILTIES AUTHORITY E3

(ACKNOWLEDGMENT OF AUTHORITY)

STATE OF ]

] S.S.:

COUNTY OF ]

On this day of , 20 , before me, the subscriber, a Notary Public of New Jersey, personally appeared , who, being by me duly sworn on his oath, deposed and made proof to my satisfaction, that he is the (Vice) Chairman of said Authority; that the execution as well as the making of this Instrument has been duly authorized by a proper resolution of the said Authority; that the deponent well knows the corporate seal of said Authority; and that the seal affixed to said Instrument is such corporate seal and was thereto affixed and said Instrument was signed and delivered by said Chairman, as and for his voluntary act and deed and as and for the voluntary act and deed of said Authority in presence of deponent, who thereupon subscribed his name thereto as witness.

Secretary, Northwest

Bergen County Utilities Authority Sworn to and subscribed before me on , the date aforesaid

Notary Public

My commission expires on:

NORTHWEST BERGEN COUNTY UTILTIES AUTHORITY E4

(ACKNOWLEDGMENT OF CONTRACTOR, IF A CORPORATION)

] S.S.

On this day of 20 , before me, the subscriber, a Notary Public of New Jersey, personally appeared , who, being by me duly sworn on his oath, did depose and make proof to my satisfaction, that he is the of , the corporation named in the within Instrument; that is the of said Corporation; that the execution as well as the making of this Instrument has been duly authorized by a proper resolution of the of said corporation; that the deponent well knows the common or corporate seal of said corporation; and that the seal affixed to said Instrument is such common or corporate seal and was thereto affixed and said Instrument signed and delivered by said , as and for his voluntary act and deed and as and for the voluntary act and deed of said corporation, in presence of deponent, who thereupon subscribed his name thereto as witness.

Secretary, Contractor

(Print or Type Name)

My Commission expires on:

AFFIX NOTARY SEAL

NORTHWEST BERGEN COUNTY UTILTIES AUTHORITY E5

(ACKNOWLEDGMENT OF CONTRACTOR, IF A PARTNERSHIP)

On this day of 20 , before me personally came and appeared to me known and known to me to be one of the members of the firm of described in and who executed the foregoing

Instrument by and with the consent of all the partners and he acknowledged to me that he executed the same and that all other documents associated with the bid which is the subject of this contract were executed as and for the act and deed of said partnership.

Partner of Contractor

NORTHWEST BERGEN COUNTY UTILTIES AUTHORITY E6

(ACKNOWLEDGMENT OF CONTRACTOR, IF AN INDIVIDUAL)

On this day of , 20 , before me personally came and appeared to me known and known to me to be the person described in and who executed the foregoing Instrument and acknowledged that he executed the same and intends to be bound by same.

Signature of Contractor

NORTHWEST BERGEN COUNTY UTILTIES AUTHORITY E7

DISPUTE RESOLUTION AGREEMENT

PURSUANT TO N.J.S.A. 40A:11-5

1. All claims, disputes and other matters in question between the Authority and Contractor arising out of or relating to the Contract Documents, or the breach thereof, will be decided by arbitration in accordance with the Rules of the American Arbitration Association. This Agreement to arbitrate will be enforceable under the prevailing law of the State of New Jersey, and to this end, Contractor specifically consents to being subject to the personal jurisdiction of the Courts of the State of New Jersey.

2. Except by written consent of the person or entity sought be joined, no arbitration arising out of or relating to the contract shall include, by consolidation or joinder or in any other manner any person or entity not a party this Agreement, unless it is shown at the time the demand for arbitration is filed that: (1) such person or entity is substantially involved in a common question of fact or law; (2) the presence of such person or entity is required if complete relief is to be accorded in the arbitration, or (3) the interest or responsibility of such person or entity in the matter is not substantial.

3. Notice of the demand for arbitration will be made in writing and served on the other party to this Agreement and filed with the American Arbitration Association. The demand for arbitration must be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would, be barred by applicable statute of limitations.

4. The award rendered by the arbitrators will be final. Judgement may be entered upon it in any Court of the

State of New Jersey, which shall have jurisdiction thereof, and it will not be subject to modification or appeal.

5. Notwithstanding the foregoing paragraphs of this Agreement, the Authority and Contractor agree that they shall, to the extent practicable first submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the contract documents or the breach thereof

("Disputes"), to mediation by the American Arbitration Association under the Mediation Rules of the

American Arbitration Association prior to either of them initiating against the other a demand for arbitration under paragraph 1 hereof, unless delay in initiating arbitration would irrevocably prejudiced one of the parties. In the event such efforts at mediation fail to produce a result mutually satisfactory to the parties, either party may file its notice of demand for arbitration under paragraph 3 hereof.

NORTHWEST BERGEN COUNTY UTILTIES AUTHORITY E8

Exhibit A

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

GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS

During the performance of this contract, the contractor agrees as follows:

The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such action 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, where applicable, will send to each labor union or representative or workers with which it has a collective bargaining agreement or other contract or understanding, 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.

The contractor or subcontractor agrees to make good faith efforts to employ minority and women workers consistent with the applicable county employment goals established in accordance with N.J.A.C. l7:27- 5.2, or a binding determination of the applicable county employment goals determined by the Division, pursuant to N.J.A.C.17:27-5.2.

The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.

The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions.

In conforming with the applicable employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, NORTHWEST BERGEN COUNTY UTILTIES AUTHORITY E9 gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.

The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents:

Letter of Federal Affirmative Action Plan Approval

Certificate of Employee Information Report

Employee Information Report Form AA302

The contractor and its subcontractors shall furnish such reports or other documents to the Div. of

Contract Compliance & EEO as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Div. of Contract Compliance & EEO for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C. 17:27.

NORTHWEST BERGEN COUNTY UTILTIES AUTHORITY E10

Exhibit B

AMERICANS WITH DISABILITIES ACT OF 1990

Equal Opportunity for Individuals with Disability

The contractor and the _____________ of _______________, (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.

NORTHWEST BERGEN COUNTY UTILTIES AUTHORITY E11

P E R F O R M A N C E B O N D

(Penalty of this bond must be 100 percent of Contract Amount)

NO SUBSTITUTE PERFORMANCE BOND FORM IS ACCEPTABLE. ANY SUBSTITUTE FORM OF

PERFORMANCE BOND SUBMITTED IN THE STEAD OF THIS DOCUMENT WILL RESULT IN THE

REJECTION OF THE CONTRACTORS BID AS NON-CONFORMING.

KNOW ALL MEN BY THESE PRESENTS that we, the undersigned __________________________________

__________________________ , as Principal (the "Principal"), and ___________________________________

______________________________________________ a corporation organized and existing under laws of the

State of ________________________________________ , as Surety (the "Surety"), are held and firmly bound unto the Northwest Bergen County Utilities Authority, Waldwick, New Jersey, as OBLIGEE (the "OBLIGEE"), as hereinafter set forth, in the full and just sum of _____________________________________________________

______________________________________________ Dollars ($ lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OBLIGEE, dated the ______________ day of ______________ , 20 ____ , a copy of which is hereto attached and made a part hereof for Contract No. dddd for Disposal of Incinerator Ash for the wastewater treatment plant.

NOW, THEREFORE, the terms and conditions of this Bond are and shall be that if: (a) the Principal well, truly and faithfully shall comply with and shall perform the Contract in accordance with the Contract Documents, at the time and in the manner provided in the Agreement and in the Contract Documents to the satisfaction of the OBLIGEE, and if the Principal shall satisfy all claims and demands incurred in connection with or related in any way to the performance of the Contract by the Principal or growing out of the performance of the Contract by the Principal, and if the Principal shall indemnify completely and shall save harmless the OBLIGEE and all of its officers, agents and employees, from any and all costs and damages which the OBLIGEE and all of its officers, agents and employees including engineers, consultant, and advisors, may sustain or suffer by reason of the failure of the

Principal to do so, and if the Principal shall reimburse completely and shall pay to the OBLIGEE any and all costs, damages and expenses whether direct or indirect, which the OBLIGEE and all of its officers, agents and employees may incur by reason of any such default or failure of the Principal; and (b) if the Principal shall remedy, without cost to the OBLIGEE, all defects which may develop during the period of one (1) year from the date of final payment and acceptance of said Contract by the OBLIGEE, in the Work to be performed under the Contract in accordance with the Contract Documents, which defects in the sole judgment of the OBLIGEE or its legal successors in interest, shall be causally related to or result from defective or inferior materials or workmanship, then this Bond shall be void; otherwise, this Bond shall be and shall remain in force and effect.

The Principal and the Surety agree that any alterations, changes and/or additions to the Contract Documents, and/or any alterations, changes and/or additions to the Work to be performed under the Contract in accordance with the

Contract Documents, and/or any alterations, changes and/or additions to the Contract, and/or any giving by the

OBLIGEE of any extensions of time for the performance of the Contract in accordance with the Contract

Documents, and/or any act of forbearance of either the Principal or the OBLIGEE and/or any act of forbearance of either the Principal or the OBLIGEE toward the other with respect to the Contract Documents and the Contract, NORTHWEST BERGEN COUNTY UTILTIES AUTHORITY E12 and/or the reduction of any percentage to be retained by the OBLIGEE as permitted by the Contract Documents and by the Contract, shall not release, in any manner whatsoever, the Principal and the Surety, or either of them, or their heirs, executors, administrators, successors and assigns, from liability and obligations under this Bond; and the

Surety, for value received, does waive notice of any such alterations, changes, additions, extensions of time, acts of forbearance and/or reduction of retained percentage.

The Principal and the Surety agree that no final settlement between the OBLIGEE and the Principal shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, the Principal and the Surety cause this Bond to be signed, sealed and delivered this day of 20 .

NORTHWEST BERGEN COUNTY UTILTIES AUTHORITY E13

INDIVIDUAL PRINCIPAL

By: (SEAL) (Signature of Individual)

Witness:

(Printed or Typed Name of Individual)

(Signature of Witness)

(Print Name and Address of Witness)

Individual Trading and doing business as:

NORTHWEST BERGEN COUNTY UTILTIES AUTHORITY E14

PARTNERSHIP PRINCIPAL

(Name of Partnership)

(Signature of Witness) (Signature of Partner)

(Printed or Typed Name of Witness) (Printed or Typed Name of Partner)

** The execution of this form by any, some or all of the partners of the partnership submitting the bid to the Authority is a representation that the signators are acting on behalf of and with the full advice and consent of all of the partners of said partnership.

NORTHWEST BERGEN COUNTY UTILTIES AUTHORITY E15

CORPORATE PRINCIPAL

(Name of Corporation)

ATTEST:

By:

(Signature and Title) (Signature of Officer and Title)

(Printed or Typed Name and Title) (Printed or Typed Name of Officer)

AFFIX CORPORATE SEAL

or (if appropriate)

*By:

(Signature of Authorized Representative)

(Signature)

(Printed or Typed Name of Representative

(Print or Type Name and Title)

* Attach appropriate, proof, dated as of the same date as the Bond, evidencing authority to execute in behalf of the corporation.

ALL CORPORATE BIDDERS MUST ATTACH A DULY AND PROPERLY ISSUED CORPORATE

RESOLUTION PERMITTING SUBMISSION OF BID AND EXECUTION OF ALL BONDS.

NORTHWEST BERGEN COUNTY UTILTIES AUTHORITY E16

CORPORATE SURETY

Witness or Attest:

**By:

(Signature and Title) (Signature of Officer and Title or Attorney-In-Fact)

(Printed or Typed Name and Title) (Printed or Typed Name of Officer

AFFIX CORPORATE SURETY SEAL

** Attach an appropriate power of attorney, dated as of the same date as the Bond, evidencing the authority of the attorney-in-fact to act in behalf of the Corporation.

** Attach an audited financial statement and, if the bonding company is a foreign corporation, a proper certificate authorizing it to do business in the State of New Jersey.

** Attach proof of underwriting limitation within the State of New Jersey.

NORTHWEST BERGEN COUNTY UTILTIES AUTHORITY E17

M A T E R I A L A N D L A B O R B O N D

(Penalty of this bond must be 100 percent of Contract Amount)

NO SUBSTITUTE MATERIAL AND LABOR BOND FORM IS ACCEPTABLE. ANY SUBSTITUTE

FORM OF MATERIAL AND LABOR BOND SUBMITTED IN THE STEAD OF THIS DOCUMENT

WILL RESULT IN THE REJECTION OF THE CONTRACTORS BID AS NON-CONFORMING.

KNOW ALL MEN BY THESE PRESENTS that we the undersigned, , as Principal (the "Principal") and a corporation organized and existing under the laws of the State of , as Surety (the "Surety"), are held and firmly bound unto the Northwest Bergen County Utilities Authority, Waldwick, New Jersey as OBLIGEE (the

"OBLIGEE"), as hereinafter set forth, in the full and just sum of

Dollars ($ ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OBLIGEE, dated the day of , 20 , a copy of which is hereto attached and made a part hereof for Contract No dddd for Disposal of Incinerator Ash for the wastewater treatment plant.

NOW, THEREFORE, the terms and conditions of this Bond are and shall be that if the Principal and any subcontractor of the Principal, to whom any portion of the Work under the Contract shall be subcontracted, and if all assignees of the Principal and of any such subcontractor, promptly shall pay or shall cause to be paid, in full, all money which may be due any claimant supplying labor or materials in the prosecution and performance of the Work in accordance with the Contract and in accordance with the Contract Documents, including any amendment, extension or addition to the Contract and/or to the Contract Documents, for material furnished or labor supplied or labor performed, then this Bond shall be void; otherwise, this Bond shall be and shall remain in force and effect.

This Bond shall be solely for the protection of claimants supplying labor or materials to the Principal or to any subcontractor of the Principal in the prosecution of the Work covered by the Contract, including any amendment, extension or addition to the Contract. The term "claimant," when used herein, shall mean any individual, firm, partnership, association or corporation. The phrase "labor or materials," when used herein, shall include public utility services and reasonable rentals of equipment, but only for periods when the equipment rented is actually used at the site of the Work covered by the Contract. The provisions of this Bond shall be applicable whether or not the material furnished or labor performed enters into and becomes a component part of the building, work or improvement contemplated by the Contract Documents and the Contract.

The Principal and the Surety agree that any claimant, who has performed labor or furnished material in the prosecution of the Work in accordance with the Contract and in accordance with the Contract Documents, including any amendment, extension or addition to the Contract and/or to the Contract Documents, and who has not been paid therefor, in full, before the expiration of ninety (90) days after the day on which such claimant performed the last of

NORTHWEST BERGEN COUNTY UTILTIES AUTHORITY E18

such labor or furnished the last of such materials for which payment is claimed, may institute an action upon this

Bond, in the name of the claimant, in assumpsit, to recover any amount due the claimant for such labor or material, and may prosecute such action to final judgment and may have execution upon the judgment; Provided, however, that: (a) any claimant who has a direct contractual relationship with any subcontractor of the Principal, but has no contractual relationship, express or implied, with the Principal, may institute an action upon this Bond only if such claimant first shall have given written notice, to the Principal, within ninety (90) days from the date upon which such claimant performed the last of the labor or furnished the last of the materials for which payment is claimed, stating, with substantial accuracy, the amount claimed and the name of the person for whom the Work was performed or to whom the material was furnished; and (b) no action upon this Bond shall be commenced after the expiration of one (1) year from the day upon which the last of the labor was performed or material was supplied, for the payment of which such action is instituted by the claimant; and (c) every action upon this Bond shall be instituted either in the appropriate court of the County where the Contract is to be performed or of such other County as New Jersey statutes shall provide, or in the United States district court for the district in which the project, to which the Contract relates, is situated, and not elsewhere.

The Principal and the Surety agree that any alterations, changes and/or additions to the Contract Documents, and/or any alterations, changes and/or additions to the Work to be performed under the Contract in accordance with the

Contract Documents, and/or any alterations, changes and/or additions to the Contract, and/or any giving by the

OBLIGEE of any extensions of time for the performance of the Contract in accordance with the Contract

Documents, and/or any act of forbearance of either the Principal or the OBLIGEE toward the other with respect to the Contract Documents and the Contract, and/or the reduction of any percentage to be retained by the OBLIGEE as permitted by the Contract Documents and by the Contract, shall not release, in any manner whatsoever, the

Principal and the Surety, or either of them, or their heirs, executors, administrators, successors and assigns, from liability and obligations under this Bond; and the Surety, for value received, does waive notice of any such alterations, changes, additions, extensions of time, acts of forbearance and/or reduction of retained percentage.

The Principal and the Surety agree that no final settlement between the OBLIGEE and the Principal shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, the Principal and the Surety cause this Bond to be signed, sealed and delivered this day of 20 .

NORTHWEST BERGEN COUNTY UTILTIES AUTHORITY E19

INDIVIDUAL PRINCIPAL

(Signature of Individual)

(Printed or Typed Name of Individual)

(Signature of Witness)

(Print Name and Address of Witness)

Individual Trading and doing business as:

NORTHWEST BERGEN COUNTY UTILTIES AUTHORITY E20

PARTNERSHIP PRINCIPAL

(Name of Partnership)

** The execution of this form by any, some or all of the partners of the partnership submitting the bid to the Authority is a representation that the signators are acting on behalf of and with the full advice and consent of all of the partners of said partnership.

NORTHWEST BERGEN COUNTY UTILTIES AUTHORITY E21

CORPORATE PRINCIPAL

ATTEST:

By:

(Signature and Title) (Signature of Officer and Title)

(Printed or Typed Name and Title) (Printed or Typed Name of Officer)

AFFIX CORPORATE SEAL

or (if appropriate)

*By:

(Signature of Authorized Representative)

(Signature)

(Printed or Typed Name of Representative)

(Print or Type Name and Title)

*All corporate bidders must attach corporate resolution permitting submission of bid and execution of all bonds.

NORTHWEST BERGEN COUNTY UTILTIES AUTHORITY E22

CORPORATE SURETY

Witness or Attest:

**By:

(Signature and Title) (Signature of Officer and Title

(Printed or Typed Name and Title) (Printed or Typed Name of Officer

AFFIX CORPORATE SURETY SEAL

** Attach an appropriate power of attorney, dated as of the same date as the Bond, evidencing the authority of the Attorney-In-Fact to act in behalf of the Corporation.

** Attach an appropriate financial statement and, if the bonding company is a foreign corporation, a proper certificate authorizing it to do business in the State of New Jersey.

** Attach proof of underwriting limitation within the State of New Jersey.