20-File C- INSTRUCTION TO BIDDERS ELECTRONIC2.pdf

INSTRUCTION TO BIDDERS AND STATUTORY REQUIREMENTS

I. SUBMISSION OF BID

A Sealed electronic bids/proposal shall be received by the contracting unit, hereinafter referred to as “owner,” in accordance with public advertisement as required by law, with a copy of said notice being attached hereto and made a part of these specifications.

B Sealed Bids/proposals will be received ELECTRONICALLY by the Township of Stafford (“the Township”) at the time listed on the NOTICE TO BIDDERS on the Bonfire E-Procurement platform accessible via https://staffordnj.bonfirehub.com in accordance with NJAC 5:34-5.5(a)(1).

C Once bids/proposals have been opened, they shall remain firm for a period of sixty (60) calendar days.

D. All prices and amounts must be written in ink or preferably machine-printed. Bids containing any conditions, omissions, unexplained erasures or alterations, items not called for in the bid proposal form, attachment of additive information not required by the specifications, or irregularities of any kind, may be rejected by the Owner. Any changes, whiteouts, strikeouts, etc. in the bid must be initialed in ink by the person signing the bid.

E. Each bid proposal form must give the full business address, business phone, fax, e-mail if available, the contact person of the bidder, and be signed by an authorized representative as follows:

• Bids by partnerships must furnish the full name of all partners and must be signed in the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and designation of the person signing.

• Bids by corporations must be signed in the legal name of the corporation, followed by the name of the State in which incorporated and must contain the signature and designation of the president, secretary or other person authorized to bind the corporation in the matter.

• Bids submitted by a sole-proprietorship shall be signed by the proprietor.

• When requested, satisfactory evidence of the authority of the officer signing shall be furnished.

F. Bidder should be aware of the following statutes that represent “Truth in Contracting” laws:

• 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.

• N.J.S.A. 2C:27-10 provides that a person commits a crime if said person offers a benefit to a public servant for an official act performed or to be performed by a public servant, which is a violation of official duty.

• 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.

• Bidder should consult the statutes or legal counsel for further information.

G. If applicable, bidders must be experienced in the kind of work required to be performed, have the equipment required and/or have the means to secure it, and have sufficient capital to properly execute the work within the time allowed.

H. If applicable, attention is called specifically to the requirements of Chapter 10, Title 34, Revised Statutes, providing, as a condition of this contract, the establishment of an eight-hour working day for laborers, workmen and mechanics and requiring payment of prevailing rates of wage.

If applicable, the contractor will be required to comply with the provisions of the NJ Prevailing Wage Act, Chapter 150 of the Laws of 1963, setting forth requirements for the payment of prevailing wages and for the proper documentation of such payments where the project construction, reconstruction, demolition, alteration or repair work, or maintenance work, including painting and decorating, done under contract and paid for in whole or in part out of funds of the Township of

Stafford, except work performed under a rehabilitation program.

I. If applicable, bids will be received under these specifications for the completion of the whole work or be awarded on an item-by-item basis. Bids must be given on a unit price multiplied by the maximum estimated units given. In the event of an error in multiplication or typographical errors, unit prices will prevail.

J. If applicable, the Owner reserves the right to include provisions for an extension to the contract with vendor’s agreement.

If the local unit desires to extend a contract under the provisions of N.J.S.A. 40A:11-15 the index rate is the basis to determine the appropriate increase in the contract price. The extension will be for one (1) two-year extension or two (2) one-year extensions as per the Local Public Contracts Law

(N.J.S.A. 40A:11-15).

K. The successful bidder shall indemnify and save the Township of Stafford and the participating cooperative pricing members, harmless from and against all suits, claims, actions or judgments for any injury or damage sustained or alleged to have been sustained by any party or parties by reason of the use of defective materials furnished and delivered under the contract to the awarded vendor or by or on account of any act of omission or commission of any contract, his, its, or their agents or employees and in case any such action shall be brought against the Township of Stafford and the participating cooperative pricing members, the contractor shall immediately take charge of and defend such action and charge the expense of same to the contractor.

L. If applicable, any construction work to be done that will exceed the prevailing wage threshold ($19,375.00) will require the successful vendor to submit a Contractor’s Registration Certificate for themselves and their subcontractors before award of the bid.

M. The Owner reserves the right to award the bid in whole or in part, either by item or category.

N. Unless otherwise established by law, sales to Stafford Township and sales to the Stafford Township

Cooperative Pricing System participating cooperative pricing members are exempt from state, municipal and federal taxation, including excise taxes.

O. No pre-payment clauses of any nature will be acceptable.

P. Before submitting his Bid, each Bidder must (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with the local conditions that may in any manner affect performance of the Work, (c) review the information relied upon by the Engineer in preparing the Drawings and Specifications and/or obtain any additional information deemed necessary to determine his Bid Price(s) for performance of the work, (d) familiarize himself with laws, and regulations affecting performance of the Work; and (e) carefully correlate his observations with the requirements of the Contract

Documents. Neither the Owner nor the Engineer shall be liable to the successful Bidder for any claim whatsoever arising out of or in any way attributable to the failure of the successful Bidder to satisfy its obligations set forth in this section.

Q. Bidders shall examine the Plans, Specifications and other Contract Documents and shall exercise their own judgment as to the nature and amount of the whole of the work to be done, and for the Bid Prices must assume all risk of variance, by whomsoever made, in any computation or statement of amounts or quantities necessary to complete the work in strict compliance with the Contract Documents. Neither the Owner nor the Engineer shall be liable to the successful Bidder for any claim whatsoever arising out of or in any way attributable to the failure of the successful Bidder to satisfy its obligations set forth in this section.

In accordance with 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 contracting agent no less than three business days prior to the opening of the bids.

Challenges filed after that time shall be considered void and having no impact on the contracting unit or the award of a contract.

R. Before submitting his Proposal, each Bidder shall fully familiarize himself with any and all Federal and State Laws and/or local Municipal Ordinances and Regulations affecting the performance of the Work and necessary to determine his Bid

Price(s).

II. BID SECURITY AND BONDING REQUIREMENTS

The following provisions if indicated by an (X), shall be applicable to this bid and be made a part of the bid documents:

A. BID GUARANTEE

Bidder shall submit with the bid a certified check, cashier's check or bid bond in the amount of ten percent (10%) of the total price bid, but not in excess of $20,000, payable unconditionally to the Owner. When submitting a Bid Bond, it shall contain Power of Attorney for full amount of Bid Bond from a surety company authorized to do business in the State of

New Jersey and acceptable to the Owner. The check or bond of the unsuccessful bidder(s) shall be returned pursuant to

N.J.S.A. 40A:11-24a. The check or bond of the bidder to whom the contract is awarded shall be retained until a contract is executed and the required performance bond or other security is submitted. The check or bond of the successful bidder shall be forfeited if the bidder fails to enter into a contract pursuant to N.J.S.A. 40A:11-21.

Bid guarantee will be returned to all except the three apparent low bidders within ten working days after the opening of bids. The remaining bid guarantees, except that of the bidder, to whom the contract is awarded, shall be returned within three working days of the date of the contract award. The bid guarantee of the bidder to whom the contract is awarded shall be retained until the contract is executed and any required performance bond or other security is submitted. If bid proposals are rejected, the guarantees of all bidders will be returned within five working days thereafter.

In the event the successful Bidder fails or refuses to execute and deliver the Contract and required bonds and policies or certificates of insurance within the time specified in the Notice of Award, the Owner may direct that the Bid Security deposited by such Bidder be forfeited as liquidated damages for such failure or refusal, and may annul the initial Notice of

Award, and thereafter award to the next apparent lowest Bidder, or otherwise dispose of the Contract as permitted by law and best serving the Owner's interest. Nothing in the Specifications and Contract Documents shall prevent Owner from seeking recovery for actual damages exceeding the limit of the Bid Security.

Failure to submit a bid guarantee shall result in rejection of the bid.

B. CONSENT OF SURETY

Bidder shall submit with the bid a Certificate (Consent of Surety) with Power of Attorney for full amount of bid price from a Surety Company authorized to do business in the State of New Jersey and acceptable to the Owner stating that it will provide said bidder with a Performance Bond in the full amount of the bid. This certificate shall be obtained in order to confirm that the bidder to whom the contract is awarded will furnish Performance and Payment Bonds from an acceptable surety company on behalf of said bidder, any or all subcontractors or by each respective subcontractor or by any combination thereof which results in performance security equal to the total amount of the contract, pursuant to N.J.S.A.

40A:11-22.

Failure to submit a consent of surety form shall result in rejection of the bid.

C. PERFORMANCE BOND – UPON AWARD

Bidder shall simultaneously with the delivery of the executed contract, submit an executed bond in the amount of one hundred percent (100%) of the acceptable bid as security for the faithful performance of this contract.

The performance bond provided shall not be released until final acceptance of the whole work and then only if any liens or claims have been satisfied. The surety on such bond or bonds shall be a duly authorized surety company authorized to do business in the State of New Jersey pursuant to N.J.S.A. 17:31-5.

Failure to submit this with the executed contract shall be cause for declaring the contract null and void pursuant to

N.J.S.A. 40A:11-22.

D. LABOR AND MATERIAL (PAYMENT) BOND - UPON AWARD

Bidder shall with the delivery of the performance bond submit an executed payment bond to guarantee payment to laborers and suppliers for the labor and material used in the work performed under the contract.

Failure to submit a labor and material bond with the performance bond shall be cause for declaring the contract null and void.

E. MAINTENANCE BOND – AT PROJECT COMPLETION

Upon acceptance of the work by the Owner, the contractor shall submit a maintenance bond (N.J.S.A. 40A:11-16.3) in an amount not to exceed _100_% of the project costs guaranteeing against defective quality of work or materials for the period of: 1 year 2 years

III. INTERPRETATION, CHALLENGES AND ADDENDA

A. The bidder understands and agrees that its bid is submitted on the basis of the specifications prepared by the Owner. The bidder accepts the obligation to become familiar with these specifications.

B. Bidders are expected to examine the specifications and related bid documents with care and observe all their requirements.

Ambiguities, errors or omissions noted by bidders should be promptly reported in writing to the appropriate official. Any prospective bidder who wishes to challenge a bid specification shall file such challenges in writing with the contracting agent no less than three business days prior to the opening of the bids. Challenges filed after that time shall be considered void and having no impact on the contracting unit or the award of a contract pursuant to N.J.S.A. 40A:11-13. In the event the bidder fails to notify the Owner of such ambiguities, errors or omissions, the bidder shall be bound by the requirements of the specifications and the bidder’s submitted bid.

C. No oral interpretation and or clarification of the meaning of the specifications for any goods and services will be made to any bidder. Such request shall be in writing, addressed to the Owner’s representative stipulated in the specification. In order to be given consideration, a written request must be received at least seven (7) business days prior to the date fixed for the opening of the bid for goods and services.

All interpretations, clarifications and any supplemental instructions will be in the form of written addenda to the specifications, and will be distributed to all prospective bidders. All addenda so issued shall become part of the specification and bid documents, and shall be acknowledged by the bidder in the bid. The Owner’s interpretations or corrections thereof shall be final.

When issuing addenda, the Owner shall provide required notice prior to the official receipt of bids to any person who has submitted a bid or who has received a bid package pursuant to

N.J.S.A. 40A:11-23c.1.

D. Discrepancies in Bids

1. If the amount shown in words and its equivalent in figures do not agree, the written words shall be binding. Ditto marks are not considered writing or printing and shall not be used.

2. In the event that there is a discrepancy between the unit prices and the extended totals, the unit prices shall prevail. In the event there is an error of the summation of the extended totals, the computation by the Owner of the extended totals shall govern.

E. Pre-Bid Conference

If stated in the Notice to Bidders:

A Pre-Bid Conference is not required for this bid.

F. N.J.S.A. 40A:11-13 requires that any challenges to bid specifications must be submitted to the purchasing agent no less than three (3) business days prior to the bid opening. Challenges filed after that time will not be considered.

G. Bidders should be aware that N.J.S.A. 40A:11-4 allows in part for the governing body of the Owner of a contracting unit to disqualify a bidder who would otherwise be determined to be the lowest responsible bidder, if the governing body finds that it has had prior negative experience with the bidder.

Additional causes for rejecting bids may be found in Section IX (page I-12).

H. N.J.S.A 40A:11-23.3 authorizes a bidder to request withdrawal of a public works bid due to a mistake on the part of the bidder. A mistake is defined by N.J.S.A. 40A:11-2(42) as a clerical error that is an unintentional and substantial computational error or an unintentional omission of a quantity of labor, material, or both, from the final bid computation.

A bidder claiming a mistake under N.J.S.A 40A:11-23.3 must submit a request for withdrawal, in writing, by certified or registered mail to Nicola Reid, Purchasing Agent, Township of Stafford, 260 East Bay Avenue, Manahawkin, NJ

08050. The bidder must request withdrawal of a bid due to a mistake, as defined by the law, within five business days after the receipt and opening of the bids. Since the bid withdrawal request shall be effective as of the postmark of the certified or registered mailings, Nicola Reid, Purchasing Agent, may contact all bidders, after bids are opened, to ascertain if any bidders wish to, or already have exercised a request to withdraw their bid pursuant to N.J.S.A. 40A:11-23.3.

A bidder’s request to withdraw the bid shall contain evidence, including any pertinent documents, demonstrating that a mistake was made. Such documents and relevant written information shall be reviewed and evaluated by the public owner’s designated staff pursuant to the statutory criteria of N.J.S.A 40A:11-23.3.

The public owner will not consider any written request for a bid withdrawal for a mistake, as defined by N.J.S.A 40A:11-

2(42), by a bidder in the preparation of a bid proposal unless the postmark of the certified or registered mailing is within the five business days following the opening of bids.

IV. BRAND NAMES, STANDARDS OF QUALITY AND PERFORMANCE

A. 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.

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

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

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

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

18.

F. The contractor shall guarantee any or all goods and services supplied under these specifications. Defective or inferior goods shall be replaced at the expense of the contractor. The contractor will be responsible for return freight or restocking charges.

V. INSURANCE AND INDEMNIFICATION

The insurance documents indicated by an (X) shall include but are not limited to the following coverage’s.

A. INSURANCE REQUIREMENTS

1. Worker's Compensation Insurance

Workers Compensation insurance shall be maintained in full force during the life of the contract, covering all employees engaged in performance of the contract pursuant to N.J.S.A. 34:15-12(a) and N.J.A.C. 12:235-1.6.

X 2. General Liability Insurance

General liability insurance shall be provided with limits of not less than $1,000,000.00 any one person and

$1,000,000.00 any one accident for bodily injury and $1,000,000.00 aggregate for property damage, and shall be maintained in full force during the life of the contract.

3. Automotive Liability Insurance

Automotive liability insurance covering contractor for claims arising from owned, hired and non- owned vehicles with limits of not less than $1,000,000.00 any one person and $1,000,000.00 any one accident for bodily injury and $1,000,000.00 each accident for property damage, shall be maintained in full force during the life of the contract.

4. Other Forms of Insurance Required

Insurance policies and/or certificates of insurance providing not less than the required types and amounts of coverage as required by the Supplementary Conditions - Section G of the Contract Documents, and issued by an acceptable insurance company licensed to provide such insurance in the State of New Jersey, shall be furnished with the aforementioned Contract

Documents, including fully executed Contract Agreement, and required bond(s), and within 10 days of receipt of the

"Notice of Award".

All such certificates or policies of insurance must provide for not less than thirty (30) days’ notice to the Owner and

Engineer of any pending modification, cancellation, or reduction of the coverage provided. Any statement of cancellation shall include the reason for cancellation. If and in the event, insurance is canceled during the contract due to the action or inaction of the Contractor or non-payment of premium by the Contractor, then the Contractor shall be charged five-hundred dollars ($500.00) to defray the administrative cost and expense of the Engineer and Attorney for the Owner for each new policy and certificate that must be reviewed and approved.

B. CERTIFICATES OF THE REQUIRED INSURANCE

Certificates of Insurance for those policies required above shall be submitted with the contract. Such coverage shall be with an insurance company authorized to do business in the State of New Jersey and shall name the Owner as an additional insured.

Self-insured contractors shall submit an affidavit attesting to their self-insured coverage and shall name the Owner as an additional insured.

C. INDEMNIFICATION

Bidder shall indemnify and hold harmless the Owner from all claims, suits or actions, and damages or costs of every name and description to which the Owner may be subjected or put by reason of injury to the person or property of another, or the property of the Owner, resulting from negligent acts or omissions on the part of the contractor, the contractor's agents, servants or subcontractors in the delivery of goods and services, or in the performance of the work under the contract.

VI. PRICING INFORMATION FOR PREPARATION OF BIDS

A. The Owner and participating cooperative pricing members are exempt from any local, state or federal sales, use or excise tax.

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

C. If applicable, the Contractor shall be responsible for obtaining any applicable permits, licenses and bonds from any government entity that has jurisdiction to require the same and shall pay all necessary fees required in the performance of the work. All bids submitted shall have included this cost.

D. Bidders shall insert prices for furnishing goods and services required by these specifications. Prices shall be net, including any charges for packing, crating, containers, etc. All transportation charges shall be fully prepaid by the contractor, F.O.B.

destination and placement at locations specified by the Owner and the participating cooperative pricing members. As specified, placement may require inside deliveries. No additional charges will be allowed for any transportation costs resulting from partial shipments made for the contractor's convenience.

E. The attention of the bidders is especially directed to the provisions of federal, state, county and municipal law, statutes and regulations that may apply to the work, particularly with regard to safety regulations of the New Jersey Labor Board. Such provisions refer to obstruction of streets, maintaining of signals, storing and handling of explosives, etc. Particular note is to be taken also of those provisions affecting the contractor of his employees in the performance of the work or his relation to the political subdivision or person. All pertinent laws, statutes, ordinances and regulations shall be obeyed and complied with.

VII. STATUTORY AND OTHER REQUIREMENTS

The following are mandatory requirements of this bid and contract.

A. MANDATORY AFFIRMATIVE ACTION CERTIFICATION

No firm may be issued a contract unless it complies with the affirmative action provisions of N.J.S.A. 10:5-31 et seq. and

N.J.A.C. 17:27-1 et seq. The following information summarizes the full, required regulatory text, which is included as

Exhibit A of this bid specification.

1. Goods and Services (including professional services) Contracts

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.

2. Maintenance/Construction Contracts

If applicable, after notification of award, but prior to signing the contract, the contractor shall submit to the public agency compliance officer and the Division of Contract Compliance and Equal Employment Opportunity in Public Contracts

(Division) an initial project workforce report (Form AA201) provided to the public agency by the Division for distribution to and completion by the contractor, in accordance with N.J.A.C. 17:27-7.

The contractor shall also submit a copy of the Monthly Project Workforce Report once a month thereafter for the duration of the contract to the Division and to the public agency compliance officer. The contractor shall also cooperate with the public agency in the payment of budgeted funds, as is necessary, for on-the job and/or off-the-job programs for outreach and training of minorities and women.

B. AMERICANS WITH DISABILITIES ACT OF 1990

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

C. STOCKHOLDER DISCLOSURE

N.J.S.A. 52:25-24.2 provides that no corporation or partnership shall be awarded any contract for the performance of any work or the furnishing of any goods and services, unless, prior to the receipt of the bid or accompanying the bid of said corporation or partnership, bidders shall submit a statement setting forth the names and addresses of all stockholders in the corporation or partnership who own ten percent or more of its stock of any class, or of all individual partners in the partnership who own a ten percent or greater interest therein. The included Statement of Ownership shall be completed and attached to the bid proposal. This requirement applies to all forms of corporations and partnerships, including, but not limited to, limited partnerships, limited liability corporations, limited liability partnerships and Subchapter S corporations.

Failure to submit a stockholder disclosure document shall result in rejection of the bid.

D. PROOF OF BUSINESS REGISTRATION (BRC)

P.L. 2009, c. 315 (Chapter 315) amends and supplements the business registration provisions of N.J.S.A. 52:32-

44, which imposes certain requirements upon a business competing for, or entering into a contract with a government agency in the State of New Jersey. As further explained below, Chapter 315 no longer requires contracting agencies to reject as nonresponsive bids or proposals that do not include proof of business registration, as defined below, for the bidder/proposer and named subcontractors.

The business registration requirement applies to contracts with public contracting agencies such as:

- State Departments, agencies and instrumentalities of the State;

- State colleges and universities, and county colleges;

- Contracting units as defined in the Local Public Contracts Law (N.J.S.A. 40A:11-2);

- Boards of education as defined in the Public School Contracts Law (N.J.S.A. 18A:18A-2);

- Private firms that have entered into a contract with a public entity to provide water supply services pursuant to P.L. 1995, c. 101 (N.J.S.A. 58:26-19 et seq.); and

- A private firm or public authority that has entered into a contract with a public entity for the provision of wastewater treatment service pursuant to P.L. 1995 c. 216 (N.J.S.A. 58:27-19 et seq.).

Please review the definitions of “contracting agency” and “local unit” as set forth in N.J.S.A. 52:32-44 for further details on the public entities subject to the business registration requirement.

Chapter 315 adjusted the deadline for bidders to submit proof of business registration from the time of bid or proposal submission to prior to the time of contract award or authorization. Therefore, a contracting agency is no longer required to reject as nonresponsive bids or proposals that fail to include proof of business registration.

Information on how a business can register and obtain proof of business registration can be accessed on the internet at www.nj.gov/njbgs or by phone at (609)292-9292.

If boxes of the following items are checked, they are mandatory requirements of the bid proposal and contract.

E. NEW JERSEY WORKER AND COMMUNITY RIGHT TO KNOW ACT

The manufacturer or supplier of chemical substances or mixtures shall label them in accordance with the N.J. Worker and

Community Right to Know Law (N.J.S.A. 34:5A-1 et seq., and N.J.A.C 8:59-2 et seq.,). Containers that the law and rules require to be labeled shall show the Chemical Abstracts Service number of all the components and the chemical name.

Further, all applicable Material Safety Data Sheets (MSDS) - hazardous substance fact sheet - must be furnished.

http://www.nj.gov/njbgs

F. PREVAILING WAGE ACT

If applicable, 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. The contractor is also responsible for obtaining and submitting all subcontractors' certified payroll records within the aforementioned time period. The contractor shall submit said certified payrolls in the form set forth in N.J.A.C. 12:60-6.1(c). It is the contractor's responsibility to obtain any additional copies of the certified payroll form to be submitted by contacting the New Jersey Department of Labor and

Workforce Development, Division of Workplace Standards. Additional information is available at www.state.nj.us/labor/lsse/lspubcon.html.

G. THE PUBLIC WORKS CONTRACTOR REGISTRATION ACT

(Required to be registered at the time of the bid opening, must be submitted prior to contract award)

N.J.S.A. 34:11-56.48 et seq. requires that a general or prime contractor and any listed subcontractors named in the contractor’s bid proposal shall possess a certificate at the time the bid proposal is submitted. After bid proposals are received and prior to award of contract, the successful contractor shall submit a copy of the contractor’s certification along with those of all listed subcontractors. All non-listed subcontractors and lower tier sub-subcontractors shall be registered prior to starting work on the project. It is the general contractor’s responsibility that all non-listed sub-contractors at any tier have their certificate prior to starting work on the job.

Under the law a “contractor” is “a person, partnership, association, joint stock company, trust, corporation or other legal business entity or successor thereof who enters into a contract” which is subject to the provisions of the New Jersey

Prevailing Wage Act [N.J.S.A. 34:11-56.25, et seq.] It applies to contractors based in New Jersey or in another state.

The law defines “public works projects” as contracts for "public work" as defined in the Prevailing Wage statute [N.J.S.A.

34:11-56.26(5)]. The term means:

• “Construction, reconstruction, demolition, alteration, or repair work, or maintenance work, including painting and decorating, done under contract and paid for in whole or in part out of the funds of a public body, except work performed under a rehabilitation program.

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

• “Maintenance work" means the repair of existing facilities when the size, type or extent of such facilities is not thereby changed or increased. While “maintenance” includes painting and decorating and is covered under the law, it does not include work such as routine landscape maintenance or janitorial services.

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

N.J.S.A. 34:11-56.55 specifically prohibits accepting applications for registration as a substitute for a certificate of registration.

X H. NON-COLLUSION AFFIDAVIT

The Affidavit shall be properly executed and submitted with the bid proposal.

http://www.state.nj.us/labor/lsse/lspubcon.html http://www.state.nj.us/labor/lsse/lspubcon.html

I. CERTIFICATION OF NON-DEBARMENT FOR FEDERAL GOVERNMENT CONTRACTS

Prior to awarding a contract for public work a local unit must obtain written certification from the contracting person or entity through the certification of non-debarment for federal government contracts form, attesting to their non-debarment from contracting with federal government agencies.

Pursuant to state law 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.

J. PAY TO PLAY

Starting in January 2007, business entities are advised of their responsibility to file an annual disclosure statement of political contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A. 19:44A-

20.27 if they receive contracts in excess of $50,000 from public entities in a calendar year.

Business entities are responsible for determining if filing is necessary. Additional information on this requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.

VIII. METHOD OF CONTRACT AWARD

(A) 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 X, Termination of Contract, Sub-section E, for additional information.

(B) The Owner 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.

(C) 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.

(D) If applicable, 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.

(E) If applicable, the owner may also elect to award the contract on the basis of unit prices.

(F) The form of contract shall be submitted by the owner to the successful bidder of each proposal. Terms of the specifications/bid package prevail. Bidder exceptions must be formally accepted by the owner.

(G) NOTICE OF AWARD

Will be issued to the successful Bidder of each proposal by the Engineer within five (5) calendar days, Sundays and Holidays excepted, of the date the OWNER awards the contract, or, if the OWNER’S action to award is conditional, of the date that all conditions of award are satisfied. The Notice of Award shall usually be accompanied by contracts and related documents prepared for execution by the successful Bidder and will designate a date for a preconstruction meeting, if one is to be held, and identify any other submissions by and/or actions of the successful Bidder precedent to starting work. Failure to issue a Notice of Award within the time set forth above and/or a Notice to Proceed with the time set forth Section VIII (M) will result in an equitable extension of time allowed for completion of work as the contractor’s sole remedy.

http://www.elec.state.nj.us/

(H) EXECUTION OF CONTRACT

Pursuant to N.J.S.A. 40A:11-24(b), the contract shall be signed by all parties within the time limit set forth in the specifications, which shall not exceed 21 days, Sundays and holidays excepted, after the making of the award; provided, however, that all parties to the contract may agree to extend the limit set forth in the specifications beyond the 21 day limit required in this subsection.

The individual, firm or corporation to whom or to which the Contract is awarded, shall sign the necessary documents, shall provide the required bond and insurance certificates, and shall return them, to the OWNER within twelve (12) calendar days, Sundays and Holidays excepted, of the date of the OWNER awards the

Contract, or if the OWNER’S action to award was conditional, of the date that all conditions of award are satisfied.

(I) FORM CONTRACT

The OWNER will provide the form of Contract for execution by the successful bidder. The Contract may only be signed by:

1. If a Partnership, all General Partners.

2. If a Corporation, the President and at least one (1) other officer.

3. If a Sole Proprietorship, the Proprietor.

4. An authorized agent of the Contractor, in this case evidence that the agent is authorized to vid the Contractor, in the form of a Power-of-Attorney or equivalent document, for the Partnership, Corporation or Sole Proprietorship must be provided.

(J) EXTENSION OF TIME TO EXECUTE CONTRACT

The OWNER and CONTRACTOR may agree to extend the time set forth in the bid specifications to execute the Contract. The OWNER may, in its discretion, waive its rights under Section VIII (M) and agree to extend the time for the CONTRACTOR to deliver the executed documents, Bonds and Insurance

Certificates. In such case, the CONTRACTOR agrees to waive any obligation of the OWNER to execute the

Contract within 21 calendar days, Sundays and Holidays accepted, of the date of award.

(K) FAILURE OR REFUSAL TO EXECUTE CONTRACT

The successful bidder, upon his or their failure or refusal to execute and deliver the Contract, Insurance

Certificates and Bonds required within the twelve (12) calendar days, Sundays and Holidays excepted, hereinabove specified, shall forfeit to the OWNER, as liquidated damages and not as a penalty, for such failure or refusal, the Bid Security deposited with the bid.

If the successful bidder fails to enter into the contract, as herein provided, the award may be annulled and the contract let to then lowest responsible bidder in the opinion of the OWNER; and such bidder shall fulfill every stipulation required herein as if he were the original party to whom the award was made.

(L) AWARD NOT BINDING PRIOR TO NOTICE TO PROCEED

No award of Contract shall be binding upon the OWNER unless and until the Contract has been executed by the

CONTRACTOR, the required insurance certificates have been provided and the Contractor’s surety has been approved by the OWNER and a Notice to proceed has been issued.

(M) NOTICE TO PROCEED

The Engineer will issue a Notice to Proceed to the CONTRACTOR within seven (7) working days of the completion of the following:

1. The CONTRACTOR has properly executed and returned the Contract;

2. The CONTRACTOR has provided any required bonds and insurance certificates;

3. The OWNER has approved the bonds and insurance certificates and has consented to starting work;

4. A pre-construction conference, if required, has been held; and

5. The CONTRACTOR has provided any other submission and/or taken any other action required by the

Contract Documents as a condition precedent to starting work.

When provided for by the Contract Documents, or in emergency situations, the Engineer may, w i t h the consent of the OWNER, issue a Notice to Proceed without completion of one or more of the conditions listed in the first paragraph of this section.

Within seven (7) calendar days of receiving a written request from the CONTRACTOR requesting authorization to proceed, the Engineer shall respond by: (1) issuing a Notice to Proceed; or (2) issuing a written response detailing why a Notice to Proceed cannot be issued.

IX. CAUSES FOR REJECTING BIDS

Bids may be rejected for any of the following reasons:

A. All bids pursuant to N.J.S.A. 40A:11-13.2;

B. If more than one bid is received from an individual, firm or partnership, corporation or association under the same name;

C. Multiple bids from an agent representing competing bidders;

D. The bid is inappropriately unbalanced;

The amount bid for each Pay Item in the Bid Proposal shall reflect the actual cost which the B i d d e r reasonably anticipates that performance of that Pay Item will entail, together with a proportional share of the cost to perform work for which no separate Pay Item is provided and a proportional share of the Bidder’s anticipated overhead and profit. Bid Proposals which are, in the sole discretion of the OWNER, materially unbalanced, will be considered unresponsive. Materially unbalanced means that the bid proposal is structured on the basis of nominal

Prices for some items and inflated prices for other items, creating, in the sole judgment of the Owner, reasonably exercised, the possibility that:

(1) Progress payments for items completed early may result in the unpaid project balance being insufficient to complete the project and/or

(2) Award to the Bidder will not result in the lowest ultimate cost to the OWNER, taking into consideration the reasonable potential for adjustment of quantities including, but not limited to, “If and Where Directed” items and quantities.

E. PRIOR NEGATIVE EXPERIENCE

The governing body of the Township of Stafford may, by resolution approved by a majority of the governing body and subject to subsections b. and c. of N.J.S.A 40A:11-4, disqualify a bidder who would otherwise be determined to be the lowest responsible bidder, if the governing body finds that it has had prior negative experience with the bidder.

As used in this section, "prior negative experience" means any of the following:

1. The bidder has been found, through either court adjudication, arbitration, mediation, or other contractually stipulated alternate dispute resolution mechanism, to have: failed to provide or perform goods or services; or failed to complete the contract in a timely manner; or otherwise performed unsatisfactorily under a prior contract with the contracting unit;

2. The bidder defaulted on a contract, thereby requiring the Township of Stafford to utilize the services of another contractor to provide the goods or perform the services or to correct or complete the contract;

3. The bidder defaulted on a contract, thereby requiring the Township of Stafford to look to the bidder's surety for completion of the contract or tender of the costs of completion; or

4. The bidder is debarred or suspended from contracting with any of the agencies or departments of the executive branch of the State of New Jersey at the time of the contract award, whether or not the action was based on experience with the contracting unit.

F. 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 owner may accept the bid of the next lowest responsible bidder. (N.J.S.A. 40A:11-24b)

G. Bid is determined not to be lowest responsible bid.

X. TERMINATION OF CONTRACT

A. If, through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations under the contract or if the contractor shall violate any of the requirements of the contract, the Owner shall there upon have the right to terminate the contract by giving written notice to the contractor of such termination and specifying the effective date of termination. Such termination shall relieve the Owner of any obligation for balances to the contractor of any sum or sums set forth in the contract. Owner will pay only for goods and services accepted prior to termination.

B. Notwithstanding the above, the contractor shall not be relieved of liability to the Owner for damages sustained by the

Owner by virtue of any breach of the contract by the contractor and the Owner may withhold any payments to the contractor for the purpose of compensation until such time as the exact amount of the damage due the Owner from the contractor is determined.

C. The contractor agrees to indemnify and hold the Owner and the participating cooperative pricing members, 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 Owner under this provision.

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

E. Continuation of the terms of the contract beyond the fiscal year is contingent on availability of funds in the following year's budget. In the event of unavailability of such funds, the Owner reserves the right to cancel the contract.

F. ACQUISITION, MERGER, SALE AND/OR TRANSFER OF BUSINESS, ETC.

It is understood by all parties that if, during the life of the contract, the contractor disposes of his/her business concern by acquisition, 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 Owner.

G. 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 Owner.

H. The Owner may terminate the contract for convenience by providing 60-calendar days advanced notice to the contractor.

XI. PAYMENT – TOWNSHIP OF STAFFORD

Successful vendor(s) should review each participating cooperative member’s payment policies.

A. No payment will be made unless duly authorized by the Owner’s /Cooperative Pricing Members authorized representative and accompanied by proper documentation.

B. Payment will be made in accordance with the Owner’s /Cooperative Pricing Member’s policy and procedures.

C. The Township of Stafford and participating cooperative pricing members DO NOT PAY late fees.

D. Bills are publicly approved every first and third Tuesday of each month at regular Township of Stafford

Council meetings. All bills approved at that meeting are paid by check and are mailed from the Treasurer's office within five days. All vouchers submitted for payment must be in the Treasurer’s office by 10:00am on the Monday preceding a Tuesday meeting.

E. No deposits or pre-payments will be accepted as condition of acceptance of award.

F. All prices are to be FOB Destination. No shipping or freight charges will be assumed unless specifically noted on the exception sheet.

G. Vouchers are publicly approved every first and third Tuesday of each month at regularly scheduled Township Council meetings. All bills approved at that meeting are paid by check and are mailed from the Treasurer's office within five business days.

H. All Signed Vouchers and original invoices must be received by the Township of Stafford’s Finance Department by 10:00am on the Monday prior to the scheduled Council Meeting Date, unless otherwise stated.

CY2026 - All meetings begin at 7:00pm unless otherwise stated.

Meeting date changes will be advertised in the Park Press

XII. REPORTING TO THE OFFICE OF THE STATE COMPTROLLER

Office of the NJ State Comptroller (OSC): N.J.S.A. 52:15C-10 requires contracts exceeding $2,000,000 but below $10,000,000 to be reported to the OSC within twenty (20) days after award, and that proposed contracts exceeding $10,000,000 must be approved by the OSC prior to awarding the contract. Contracts awarded under a national cooperative agreement are subject to these requirements. In addition, the OSC may audit or review contracts of any amount or type and may audit or review the records of the vendor as well.

OSC has adopted a regulation, N.J.A.C.