2026_CONCRETE_REPAIR_PROGRAM.pdf

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2026-BID-02

2026 CONCRETE REPAIR PROGRAM

RELEASE DATE: March 13, 2026

RESPONSE DEADLINE: April 15, 2026, 10:10 am

Please refer to the project timeline in this document for all important deadlines.

#2026-BID-02

Title: 2026 CONCRETE REPAIR PROGRAM

Table Of Contents

1. INSTRUCTIONS TO BIDDERS, GENERAL CONDITIONS AND SPECIFICATIONS

1.1. NOTICE TO BIDDERS

1.2. GENERAL INSTRUCTIONS TO BIDDERS

1.3. BID FORM INSTRUCTIONS

1.4. BID BOND INSTRUCTIONS

1.5. PERFORMANCE/SURETY BOND

1.6. OBLIGATION OF BIDDER

1.7. INSURANCE COVERAGE

1.8. MANDATORY AFFIRMATIVE ACTION LANGUAGE

1.9. REQUIREMENTS OF P.L. 1977, C.33 as amended by P.L. 2016, c.43)

1.10. AWARDING OF CONTRACT

1.11. VENDOR QUALIFICATIONS

1.12. PERMITS AND LICENSES

1.13. CONTRACT PERIOD

1.14. BID PRICES

1.15. SPECIFICATION EXCEPTIONS TO BE LISTED

1.16. PURCHASE ORDER REQUIREMENTS

1.17. PROMPT PAYMENT REQUIREMENT

1.18. INTENT OF SPECIFICATIONS

1.19. TERMINATION OF CONTRACT

1.20. NEW JERSEY BUSINESS REGISTRATION REQUIREMENTS

1.21. SAFETY PRECAUTIONS AND MAINTENANCE OF TRAFFIC

1.22. DISPUTE RESOLUTION

1.23. PREVAILING WAGE RATE

1.24. PUBLIC WORKS CONTRACTOR REGISTRATION ACT

1.25. AMERICAN GOODS AND PRODUCTS

1.26. PROTECTION OF EXISTING PROPERTY AND STRUCTURES

1.27. Americans with Disabilities Act of 1990

1.28. DISCLOSURE OF CONTRIBUTIONS

1.29. HOLD HARMLESS CLAUSE

1.30. LIQUIDATED DAMAGES

1.31. PROHIBITED VENDORS

2. TECHNICAL SPECIFICATIONS

2.1. SCOPE OF WORK

2.2. INSURANCE REQUIREMENTS

2.3. BID PROPOSAL

2.4. BID DOCUMENT SUBMISSION CHECKLIST

2.5. VENDOR QUESTIONNAIRE

2.6. ATTACHMENTS & EXHIBITS

Attachments:

A - Project Details

1. INSTRUCTIONS TO BIDDERS, GENERAL CONDITIONS AND SPECIFICATIONS

1.1. NOTICE TO BIDDERS

1. PROPOSALS: Sealed bids for the following: 2026 CONCRETE REPAIR PROGRAM for the

Township of Pennsauken will be received at 10:10 am on Wednesday, April 15, 2026 at which time bids will be opened via the OpenGov Procurement Portal. Bids will not be accepted after the specified time.

All proposals shall be submitted through the https://procurement.opengov.com/portal/pennsauken. Bids will be publicly posted on the OpenGov eProcurement portal.

The Township Committee and its Solicitor will be the sole discretionary body for consideration or rejection of the proposals.

2. SPECIFICATIONS: Specification and Form of Bid for “2026 CONCRETE REPAIR PROGRAM” can be downloaded from https://procurement.opengov.com/portal/pennsauken.

3. AFFIRMATIVE ACTION REGULATIONS: Bidders are required to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27 et seq.

Elizabeth Peddicord

CFO

Township of Pennsauken

1.2. GENERAL INSTRUCTIONS TO BIDDERS

Time and place for acceptance of bids: All proposals will be auto opened by the OpenGov site on Wednesday, April 15, 2026, at 10:10 am prevailing time and responses will be published shortly thereafter. Bids will not be accepted after the specified time.

EXAMINATION OF SITE AND DOCUMENTS

Bidders are expected to read and become thoroughly familiar with the contract documents and specifications, including any addenda, and to evaluate the difficulties attending the execution of the proposed contract. Bidders should visit the site to ascertain pertinent local conditions readily determinable by inspection and inquiry, such as the location, accessibility and general character of the site, labor conditions, the character and extent of the work within or adjacent thereto.

Failure to acquaint oneself with all available information concerning the requirements and site conditions will not relieve the successful bidder of assuming all responsibility for estimating the difficulties and cost of successfully performing the complete contract.

Bidders are responsible to be fully aware that this is an annual unit price bid with services to be provided on an as-needed basis. No claim shall be made hereafter related to any misunderstanding of the nature or amount of the work to be done.

RIGHT OF OWNER TO REJECT BIDS

The Owner reserves the right to reject all bids or to reject any bid or bids not complying with these instructions to bidders, if in its sole discretion, it is in the public interest to do so. The Owner reserves the right to waive any informality in a bid received and to accept or reject any item of any bid, if such waiver is deemed to be in the best interests of the Owner in accordance with the requirements of N.J.S.A. 40A:11-1 et seq. The Owner reserves the right to reject the bid of a Bidder who has previously failed to complete a contract or who has performed work for the Owner of an unacceptable nature.

QUALIFICATION OF BIDDERS

The Owner must be reasonably satisfied that the successful Bidder will be able to carry out all the requirements of the contract, including completion deadlines. The Owner will consider factors including, but not limited to, the Bidder’s technical qualifications, past experience, management structure, and financial resources in making a determination. Bidders shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted fails to satisfy the Owner that the Bidder is properly qualified to carry out the obligations of the contract.

SUBCONTRACTORS

Bidders that propose using subcontractors for any part of the work must submit with their bid a listing of each subcontractor and their category of work. All subcontractors to perform work on this project must be listed or the bid will be rejected. If no subcontractors are to be used, Bidder must attest to this fact.

1.3. BID FORM INSTRUCTIONS

All bids must be submitted on the form of proposal supplied by the Township. If any type of discount is offered for prompt payment of bills or other consideration, such may be set forth on the form of proposal. All bid documents submitted should include original signatures. Failure to provide original signatures may be cause for rejection of the bid at the discretion of the Township.

1.4. BID BOND INSTRUCTIONS

Each bid shall be accompanied by a cashier’s check, certified check, or a bid bond duly executed by the Bidder as principal and an acceptable surety company, such guarantee to be made payable to the Owner in the amount of ten percent (10%) of the bid, but not in excess of $20,000.00.

1.5. PERFORMANCE/SURETY BOND

All bids must be accompanied by a certificate from a surety company, authorized to conduct business in the

State of New Jersey, certifying that said Company will furnish the required Performance Bond in the event the

Bidder is awarded a contract. If the bid shall be accepted by the Owner and the accepted Bidder fails to execute a satisfactory contract, the Owner may, at their option, determine that the acceptable Bidder has abandoned the contract, thereupon the bid shall be null and void and the surety accompanying the bid shall be forfeited to and become the property of the Owner, as liquidated damages.

1.6. OBLIGATION OF BIDDER

At the time of the opening of bids, each bidder will be presumed to have read and to be thoroughly familiar with the contents of the Notice to Bidders, the General Information and the Specifications of the material and/or service to be supplied. The failure or omission of any bidder to receive or examine any form, instrument, or document shall in no way relieve the bidder from any obligation in respect of that bid.

Any challenge to the bid specifications shall be presented in writing to Elizabeth Peddicord, CFO , Township of

Pennsauken, 2400 Merchantville Ave, Pennsauken, NJ 08110 within three (3) business days prior to the bid opening and shall be clearly marked on the outside “Bid Challenge”. Any challenge filed thereafter shall have no effect on bid award.

1.7. INSURANCE COVERAGE

Applicable insurance certificates must be furnished by the successful bidder with the contract naming the

Township of Pennsauken as additionally insured and certificate holder, upon request, and/or as more particularly set forth herein on the attached Certificate of Insurance and Insurance Coverage Requirements pages. The vendor shall fill out the attached vendor information form, upon intent of award. All insurance certificates must be uploaded prior to award.

RETURN OF BID GUARANTY

After bids are opened and read, bid securities will be returned to all but the three (3) apparent lowest responsible bidders. All other bid securities will be returned after signing of a formal contract.

BONDS

The successful bidder shall furnish the following bonds. Bonds are to be of an acceptable surety company authorized to transact business in the State of New Jersey. Failure to deliver either a Performance Bond or

Labor and Payment Bond at the time of contract execution shall be cause for declaring the contract null and void.

1. A Performance Bond in the amount of one hundred percent (100%) of the total contract to insure faithful performance and completion of the work.

2. A Labor and Payment Bond in the amount of one hundred percent (100%) of the total contract price.

3. A Maintenance Bond in the amount of twenty percent (20%) of the total contract price. After completion and acceptance of the work, the Maintenance Bond shall remain in effect for a period of one (1) year as a guarantee against defects in materials and workmanship.

1.8. MANDATORY AFFIRMATIVE ACTION LANGUAGE

P.L. 1975 c.127 (N.J.A.C.17:27)

During the performance of this contract, the contractor agrees to comply with all the requirements of N.J.S.A.

10:5-31 et seq and N.J.A.C. 17:27 in accordance with the attached document.

After notification of award, but prior to signing the contract, the contractor shall submit to the Purchasing Agent and the Division of Contract Compliance and Equal Employment Opportunity in Public Contracts (division) an initial project workforce report (Form AA201) provided.

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 Purchasing Agent.

1.9. REQUIREMENTS OF P.L. 1977, C.33 as amended by P.L. 2016, c.43)

If bidder is a corporation or partnership, there must accompany its bid, a statement setting forth the names and addresses of all stockholders in the corporation or partnership who own ten percent (10%), or more of its stock, of any class, or of all individual partners in the partnership who own a ten percent (10%) or greater interest therein. If one or more stockholders or partnership, the stockholders holding ten percent (10%) or more of that corporation’s stock, or the individual partner owning ten percent (10%), or greater interest in that partnership, must be set forth as aforesaid.

All bidders shall comply with the act relating to a disclosure statement to conflict of interest as per P.L., 1977, c.33, and shall submit the completed and signed disclosure statement as attached. Failure to submit this information may be cause for the rejection of the bid, at the option of the Township.

1.10. AWARDING OF CONTRACT

The Township Committee will award the contract to the lowest qualified responsible bidder but reserves the right to reject any and all proposals and to waive any immaterial informality as may be permitted by law.

This award of contract shall not be binding upon the Township of Pennsauken until the contract, in accordance with the specifications, is actually executed by the successful bidder and by the proper officers of the Township of Pennsauken.

The Township shall award the contract or reject all bids within sixty (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. No bids may be withdrawn during this 60 day period, except as provided for herein.

The inability of any vendor to bid on all items listed under each category on which that party is bidding may preclude consideration of the bid. The contract shall be awarded to that agency which provides the lowest overall bid, considering all items are bid or otherwise calculated in for award purposes. Bids shall be reviewed to determine any unbalanced bidding. Unbalanced bidding shall be cause for rejection.

1.11. VENDOR QUALIFICATIONS

All bidders shall provide certification demonstrating its ability to perform this contract. Certification shall be provided within the OpenGov Procurement Portal and shall attest the contractor will have available resources, equipment, experience and capability to undertake and perform the work described in this specification.

1.12. PERMITS AND LICENSES

Bidders must be licensed to work in the Township of Pennsauken. If any bidder does not possess a valid

Contractors License issued by the Township Construction Dept., that will NOT be cause for rejection of any bid submitted. However, bidder agrees to obtain said license prior to the start of work, if awarded contract.

Bidders shall be required to determine which construction permits shall be needed prior to and/or during the work authorized under the contract and shall be responsible for procuring and paying for said permits.

Bidders shall be aware that applicable Federal, State, County, and Municipal laws, ordinances, and regulations and the rules and regulations of agencies and authorities having jurisdiction over the construction of the project shall apply to this contract and they shall be deemed to be included in the contract the same as if written out herein in full including, but not limited to the Occupational Safety and Health Act of 1970 (OSHA).

1.13. CONTRACT PERIOD

The contract period shall be for 1 year with 1 year extension from the date first appearing thereon unless otherwise specified by law.

In accordance with 40A:11-15 of the Local Public Contracts Law the Township reserves the right to extend this contract, when mutually agreed upon between the Township and the contractor, for not more than one-additional year period. Any change in price shall not exceed the change in the index rate for the 12 months preceding the most recent quarterly calculation available at the time of the contract renewal. The contract extension shall be awarded by resolution of the governing body only upon a finding by the governing body that the services are being performed in an effective and efficient manner, and no extension shall be granted so that the contract runs for more than a total of two consecutive years. Otherwise, the terms and conditions of the contract shall remain substantially the same.

1.14. BID PRICES

The bid shall be based upon the descriptions provided on the “Bid Form” and from the technical specifications attached hereto. The bid shall be based on “top of the line” quality items and/or service shall be quoted f.o.b.

Pennsauken Township Municipal Building, 2400 Merchantville Ave., Pennsauken, NJ 08110.

Full replacement shall be provided by the successful bidder should any item and/or services supplied fail to perform in accordance with the standards of “top of the line” quality as known by the trade.

The successful bidder shall make delivery of services and/or installation as requested to the address within the

Township of Pennsauken designated on the purchase order, at no additional charge.

1.15. SPECIFICATION EXCEPTIONS TO BE LISTED

Any exceptions to this Specification on the product or service bid, technical or otherwise, shall be listed by the bidder. Said information shall be attached to the Bid Form provided herein and shall be submitted with the bid. General sales literature, regardless of how technical in nature, shall not be considered as meeting this requirement. In recognition of ever changing “state of the art” the technical specifications may be satisfied by substitution of an equivalent item or design subject to acceptance by the Township.

1.16. PURCHASE ORDER REQUIREMENTS

No work shall be performed, services rendered or material provided by the successful bidder unless a proper purchase order number has been issued by the Township of Pennsauken.

Requests for payment of material or services delivered shall be made on Township of Pennsauken vouchers with copies of supplier’s invoices attached which shall specify the quantity, description, unit and extended prices of each item delivered. Payments shall not be provided on a frequency less than a monthly basis after services are rendered and vouchers are timely submitted for review and processing.

1.17. PROMPT PAYMENT REQUIREMENT

Requests for payment of goods or services delivered by prime contractors pursuant to a contract for improvements to real property shall be made on Township of Pennsauken (“Township”) vouchers with copies of supplier’s invoices attached which shall specify the quantity, description, unit and extended prices of each item delivered.

For contracts for improvements to real property, the Township shall make periodic payments to prime contractors in accordance with P.L. 2006, Chapter 96. Prime contractors shall submit requests for payments to the appropriate Township Official or Municipal Engineer as this request for payment shall include but not be limited to:

1. Pennsauken Township voucher with claimant’s signature,

2. Itemized invoice and/or A.I.A. “Application and Certificate for Payment”,

3. Such other pertinent documents, spreadsheets, schedules of values, etcetera which may be required to verify the claim,

4. Copies of supplier’s invoices which will specify the quantity, description, unit and extended prices of each item delivered,

5. Certified payrolls and/or monthly manning reports.

The Township shall consider failure to provide any of the above information including but not limited to certified payrolls and/or monthly manning reports as failure to fulfill the contract terms and reject the request for payment accordingly. Bills received after the “deadline” shall be deferred to the next payment cycle.

For contracts for Goods & Services, the Township shall make periodic payment to contractors in accordance with P.L. 2018, Chapter 127. Vendors shall submit request for payment to the appropriate Township Official as this request shall include but not be limited to:

1. Pennsauken Township Voucher with claimant’s signature.

2. Itemized Invoice

The Township shall consider failure to provide any of the above as failure to fulfill the contract terms and reject the request for payment accordingly. Bills received after the “deadline” shall be deferred to the next payment cycle.

Unless otherwise specified by the Township in bid specifications or contracts, the billing date for periodic payments, final payments and retainer payments shall be the date the bill is received by the Township. On or before five (5) business days after the date of the Township’s Governing Body Meeting which is at least twenty

(20) calendar days after the billing date the Township or Townships Engineer shall provide written notification to the contractor of any reason for withholding such payment. If not so notified, then the bill shall be deemed approved and certified for payment. If so notified, the Township shall pay, as provided herein, such portion of the request which has been completed in accordance with the provisions of the contract.

Billings approved and certified by the Township Engineer or other Township representative shall be authorized at the next scheduled meeting of the Township Governing Body. Billings approved and certified by the

Township Governing Body shall be authorized at the same meeting which granted approval and certification.

Checks shall be issued within five (5) business days after authorization by the Governing Body. Nothing in this section shall prohibit the Township from approving and authorizing payment in a manner which will provide prompt payment in time frames less than outlined above. Contractors agree they shall comply with the

Townships prompt payment. In general bills are required thirty (36) calendar days before the scheduled

Governing Body Public Meeting.

Disputes concerning contracts for improvements to real property may be submitted to an alternative dispute resolution (ADR) for bills or portion thereof which are not approved and certified. ADR procedures do not apply to disputes concerning the bid solicitation or award process or formation of contracts. Also, the ADR procedures do not apply to any transportation project as defined in N.J.S.A. 27:1B-3, if that project receives federal funding and the application of this procedure would jeopardize the funding because the owner could not meet the federal standards for financial management systems as outlined in 49 C.F.R. 18.20. ADR shall be by mediation or non-binding arbitration at the request of either party pursuant to the rules and procedures of the

American Arbitration Association.

1.18. INTENT OF SPECIFICATIONS

The equipment and/or service specifications in this bid package are intended to specify equipment and/or service in terms of performance and function. No part of this specification should be interpreted as representing or recommending a particular brand of equipment. It should be noted, however, that only manufacturer’s publicly identified “top of the line” equipment will be accepted.

1.19. TERMINATION OF CONTRACT

If the Contractor shall fail to fulfill the obligations under this contract in a timely manner, or shall violate the requirements of this contract, the Owner shall have the right to terminate this contract upon giving written notice of intent to terminate and specifying the effective date of the termination.

The Owner shall have the right and power to declare the whole or any part of the contract forfeited if the performance of the contract is unreasonably or unnecessarily delayed, or if the Contractor is not progressing with the work in a manner necessary to ensure its completion within the time specified by this contract, or if the

Contractor is showing bad faith in carrying out the contract, or if the Contractor shall fail or refuse to remedy or repair defective work or materials when so ordered by the Owner.

The Contractor shall indemnify and hold the Owner harmless from any liability to subcontractors or suppliers concerning payment for work performed or goods supplied arising out of the lawful termination of the contract by the Owner.

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. 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.

If the Owner shall declare the said contract forfeited in whole, or in any part, such declaration shall not relieve or affect the liability of the Contractor and his Sureties for breach of any of the covenants and conditions of said contract.

1.20. NEW JERSEY BUSINESS REGISTRATION REQUIREMENTS

In accordance with N.J.S.A. 52:32-44 bidders may provide with their bid a Business Registration Certificate issued by the State of New Jersey. Contractors are required to be registered at the time of bid. A Business

Registration Certificate must be provided prior to award.

N.J.S.A. 52:32-44 imposes the following requirements on contractors and all subcontractors that knowingly provide goods or perform services for a contractor fulfilling this contract:

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

2. Subcontractors through all tiers of a project must provide written notice to their subcontractors and suppliers to submit proof of business registration and subcontractors shall collect such proofs of business registration and maintain them on file;

3. Prior to receipt of final payment from a contracting agency, a contractor must submit to the contracting agency an accurate list of all subcontractors and suppliers and the proof of business registration or attest that no subcontractors were used;

4. During the term of this contract, the contractor and its affiliates shall collect and remit, and shall notify all subcontractors and their affiliates that they must collect and remit, to the Director, New Jersey

Division of Taxation, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A 54:32B-1 et seq.)

on all sales of tangible personal property delivered into this State.

A contractor, subcontractor or supplier who fails to provide proof of business registration or provides false business registration information shall be liable to a penalty of $25 for each day of violation, not to exceed

$50,000 for each business registration not provided or maintained under a contract with a contracting agency. Information on the law and its requirements are available by calling 609-292-9292.

1.21. SAFETY PRECAUTIONS AND MAINTENANCE OF TRAFFIC

The number and type of safety and traffic control devices shall be appropriate for the work at a particular location. The safety measures shall be maintained for the entire duration of work at any location. If, in the opinion of the Engineer or the Police Department, adequate safety and warning devices are not installed at a work location, the Contractor shall be notified and provided the opportunity to correct the situation. If the

Contractor fails to correct the situation, the Owner will make provision for safety lights and barricades to be installed with the cost of said installation being deducted from monies due to the Contractor.

Equipment or stockpiled material should not be left at a work location overnight. If it is unavoidable, the equipment must be locked and protected by means of barricades, lights, or other means to ensure the safety of pedestrians and vehicles. Stockpiled material shall not be placed in the traveled lane(s) of any street. Warning lights shall be used if necessary to safely guide traffic through the work area.

In the event a lane of traffic must be closed so as to require traffic directors in order to provide for the safe movement of traffic, said traffic directors must be provided by the Contractor and be provided with stop/slow paddles; safety vests and two-way communication as the particular situation warrants.

If it is necessary to close a street or portion of a street to vehicular traffic, the Contractor must notify the following 24 hours in advance:

Pennsauken Police Traffic Division 856-488-0080

Pennsauken Fire Department 856-665-0774

1.22. DISPUTE RESOLUTION

It is agreed by the parties of this contract that inasmuch as expenses and inconvenience and other damages will be sustained by the Owner in the event that the Contractor fails to perform the work specified herein in a timely and continuous manner, such as inconvenience to the public, extra engineering and inspection costs, interest charges, wages, delay to other work by failure to perform this contract, and other elements, some of which are indefinite and, in some cases, insusceptible of easy proof, the Owner may withhold payment pending resolution of the dispute.

The Owner and Contractor agree that in the event of a dispute arising under this contract, it shall be submitted to a process of resolution pursuant to alternative dispute resolution practices, such as mediation, binding or non-binding arbitration pursuant to industry standards, prior to being submitted to a Court for adjudication.

1.23. PREVAILING WAGE RATE

This contract is subject to the provisions of Chapter 150, L. 1963 (NJSA 34:11-56.25, et seq.) as amended in

Chapter 64 L. 1974 in that all workmen shall be paid according to prevailing wage rates. The successful bidder is hereby notified that he is required to pay wages to all workmen which shall be not less than the prevailing wage rate as established by the New Jersey Department of Labor and Industry. It is the responsibility of the bidder to comply with applicable prevailing wage rate determination. In accordance with N.J.S.A. 34:11-56.25 et seq., no contract shall be awarded to any contractor or subcontractor who are on the “debarred list” of the

New Jersey Department of Labor and Industry.

1.24. PUBLIC WORKS CONTRACTOR REGISTRATION ACT

In accordance with N.J.S.A. 34:11-56.48 et seq., the Public Works Contractor Registration Act, all bidders are required to be registered with the New Jersey Department of Labor at the time of receipt of bids. A copy of their certificate issued by the New Jersey Department of Labor should be provided with their bid but no later than prior to award of contract. It is unlawful to submit a bid if you are not registered.

1. All named contractors and subcontractors must be registered with the Department of Labor pursuant to the PWCRA at the time the proposal is received, or the proposal will be determined to be non-responsive.

2. Any non-listed subcontractor must be registered with the Department of Labor prior to physically starting work.

1.25. AMERICAN GOODS AND PRODUCTS

Only manufactured and farm products of the United States, wherever available, shall be used in performance of this contract.

1.26. PROTECTION OF EXISTING PROPERTY AND STRUCTURES

Prior to the start of construction, the Contractor shall be responsible for underground utility mark out(s) in accordance with the New Jersey Underground Facilities Protection Act, N.J.S.A. 48:2 – 73. The One-Call phone number is 1-800-272-1000.

The Contractor shall protect all existing vegetation including grass, shrubs, and trees on or adjacent to the work site from damage. As much as possible, the Contractor shall confine all equipment, materials, and construction activity to the street and avoid as much as possible damage to adjacent property due to equipment operation, stockpiling of materials, or tracking of grass areas by equipment. In those cases where it is unavoidable in order to accomplish the work, any and all damage shall be repaired.

The Contractor shall fully indemnify and hold harmless the Owner from damages or injury to persons or property resulting from the performance of the work.

1.27. Americans with Disabilities Act of 1990

Equal Opportunity for Individuals with Disability

The contractor and the Township of Pennsauken, (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.

1.28. DISCLOSURE OF CONTRIBUTIONS

Starting in January 2007, all business entities are advised of their responsibility to file an annual disclosure statement of political contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A. 19:44A-20.27 if they receive contracts in excess of $50,000 from public entities in a calendar year. Business entities are responsible for determining if filing is necessary. Additional information on this requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.

1.29. HOLD HARMLESS CLAUSE

The successful bidder shall defend, indemnify and save harmless the Township of Pennsauken, its officers, agents and servants and each and every one of them against and from all suits and cost of every name and description, and from all damages to which said Township of Pennsauken or any of its officers, agents or servants may be put by reason of injury to the person or property of others resulting from carelessness in the performance of said work, or through the negligence of the Contractor, or through any improper or defective machinery, implements or appliances used by said Contractor in the aforesaid work or through any act or omission on the part of said Contractor, his agent or agents. This provision applies regardless of whether insurance coverage is provided.

1.30. LIQUIDATED DAMAGES

Should the contractor fail to complete the work contracted for, satisfactory to and acceptable to the Township within 180 calendar days of execution of contract documents by the Township then the Contractor shall pay to the Township as liquidated damages five hundred ($500) dollars per calendar day for each day the contractor is determined to be in default.

The Township shall recover said damages by deducting the amount thereof from any money which may be due or may become due the Contractor.

In case the Contractor shall be delayed due to failure on the part of the Township to furnish anything on its part, or for causes beyond his control, he shall be entitled to such extension of time as in the judgment of the

Township to be fair and just.

1.31. PROHIBITED VENDORS

State Law S-1304, Prohibits State and local public contracts with persons or entities engaging in certain investment activities in energy, finance, or construction sectors of Iran. It is unlawful for Pennsauken Township to contract with vendors that engage in certain activities with Iran. Should Pennsauken Township be made aware that any vendor is involved in these activities during the course of any contract the contract will immediately be voided.

P.L. 2022, c. 3 prohibits the award, renewal, amendment, or extension of State and local public contracts for goods or services with persons or entities engaging in prohibited activities in Russia or Belarus. P.L. 2012, c.25 prohibits the award or renewal of State and local public contracts for goods and services with persons or entities engaged in certain investment activities in the energy or finance sectors of Iran. Before a goods and services contract can be entered into, vendors and contractors must certify that neither they nor any parent entity, subsidiary, or affiliate is listed on the New Jersey Department of the Treasury’s list of entities determined to be engaged in prohibited activities in Russia or Belarus pursuant to P.L. 2022, c. 3 (“Russia-Belarus list”) or in

Iran pursuant to P.L. 2012, c. 25 ("Chapter 25 list").

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

2. TECHNICAL SPECIFICATIONS

2.1. SCOPE OF WORK

2.1.1. PROJECT DESCRIPTION

The project consists of the removal and replacement of existing concrete items and the construction of new concrete items at various locations throughout the Township of Pennsauken. Concrete items include, but are not necessarily limited to, curb, sidewalk, driveway aprons, curb access ramps, monolithic curb & gutter, and concrete street pavement.

It is the intent of this contract to complete the construction and/or replacement of various concrete items in the

Township of Pennsauken throughout the duration of the contract period, on an as-needed basis, in accordance with the details and specifications contained herein, and with the work to be complete in all respects and ready for use by the Owner.

The Contractor will be advised periodically, in writing, by the Township Engineer, or his designee, of the specific locations of work to be accomplished as well as the specific type and quantity of work required at each particular location, including any special instructions that must be followed. The Contractor should expect that work locations can be anywhere within the geographic boundaries of the Township. The Contractor should expect the amount of work at any particular location to be as directed by the Township. There is no minimum amount of work at any particular location.

The Contractor shall begin the work within ten (10) days of receipt of notice from the Township, or as otherwise agreed to by the Contractor and the Township. If the Contractor fails to proceed within the time stipulated, or fails to carry on the work on a continuous basis, the Owner is empowered to any and all of the remedies contained in this Contract.

2.1.2. STATEMENT OF QUANTITIES

The specific items of work to be done under this contract are as specified in the Bid Proposal. This is a unit price Bid Proposal. The quantities of work specified in the Bid Proposal are to be used solely as a uniform basis for comparing Proposals and/or for determining the amount of the Contractor’s Performance Bond. The actual quantities for each item will vary from that contained in the Bid Proposal. The Owner shall not be held responsible, and the Contractor shall not make any claim for damages or for loss of profits or for an extension of time because of a difference between the quantities of the various classes of work as estimated and the work actually performed.

If any error, omission, or misstatement is discovered in the estimated quantities, the same shall not invalidate the contract or release the Contractor from the execution or completion of the whole or any part of the work to the satisfaction of the Owner and in accordance with the plans and specifications for the prices agreed upon and fixed therein, or excuse him from any of the obligations or liabilities set forth in the Contract Documents, or entitle him to any damages or compensation than is otherwise specified in the Contract Documents.

The quantities of the work on which payments will be made to the Contractor are to be determined by measurements of the work actually performed by the Contractor and accepted by the Owner as being satisfactorily completed in accordance with the requirements of the Contract Documents.

The Contractor shall not at any time after the submission of this Proposal, dispute the schedule of quantities or assert that there was any misunderstanding as to the amount or character of the work to be done, and shall not make any claim for damages, or for loss of profits, or for an extension of time because of a difference between the quantities of the various classes of work stated, and the quantities of work actually performed.

2.1.3. PERMISSIBLE CHANGES AND VARIATIONS IN THE WORK

Should it be deemed necessary in the execution of the work, to make any variation necessary for the safety, economy or betterment of the work, the Contractor may, with prior approval of the Owner, make such variations. If such variations increase or decrease the quantity of work specified at a particular location, the value of the work actually performed shall be determined and payments made to the Contractor shall be in accordance with the quantity of work actually done at the unit prices stipulated in the contract.

The Contractor shall make no claim for damages or loss of anticipated profits due to any decrease in the work resulting from any variation in the work.

Any extra work not originally contemplated under this contract and not covered by unit prices in the Proposal shall be performed by the Contractor if so, directed by the Owner. Extra work shall be subject to payment under the contract with a subsidiary agreement or a change order identifying the work, fixing the prices and method of payment for the work. Receipts for materials used, but not covered by unit prices, will be provided by the

Contractor when the work is invoiced.

2.1.4. CONTRACT DURATION, EXTENSION & TIME FOR COMPLETION

Work shall be commenced within ten (10) days from the date a notice to proceed is received for work at a particular location, unless otherwise agreed with the Owner.

The contract shall remain in force for a period of one (1) year from the date of execution of the contract unless otherwise agreed with the Owner or as necessary to complete work authorized prior to the one (1) year contract period expiration. At the discretion of the Owner, and upon mutual agreement of both parties, this contract may be extended for a period of one (1) additional year provided the Contractor agrees to perform work at the contractual unit prices bid.

The Contractor understands and agrees that once work commences on an authorized phase of work as authorized, it shall be carried on in a timely and continuous manner until that phase of the work is completed or unless otherwise agreed, in advance, with the Owner. The Contractor understands and agrees that it is unacceptable to commence site clearing and/or excavation at a work location and not then proceed in a timely and continuous manner to completion of the work including worksite cleanup.

The Contractor shall attend to the work personally or through a competent, English-speaking superintendent who shall be continually present onsite whenever work is in progress. Said superintendent shall have the authority to act for the contractor.

2.1.5. SUSPENSION OF WORK

The Owner may order the Contractor to suspend all or any part of the work for such period of time as may be determined by the Owner to be necessary or desirable for the convenience of the Township.

Unless such suspension unreasonably delays the progress of the work and causes additional expense to the

Contractor, no increase in contract price will be allowed. In the case of suspension of all or part of the work, for an unreasonable length of time, causing additional expense not due to the fault or negligence of the Contractor, a fair and reasonable adjustment in the contract price shall be made and an extension of time for the completion of the contract will be allowed.

If the suspension of work by the Owner is due to the fault or negligence of the Contractor, no increase in contract amount or extension of time shall be allowed.

2.1.6. INSPECTION

The work is subject to inspection by the Owner or his designee to ensure compliance with the terms of the contract including all specifications, details, work instructions, drawings and sketches.

The presence of an inspector shall not relieve the Contractor from compliance with the requirements of the contract.

As soon as practicable after the completion of the entire work, or any part thereof as may be designated, a thorough examination will be made by the Owner. If such work is found to be in full compliance with the details and specifications, payment will be made in accordance with the provisions in the contract.

2.1.7. APPROVAL AND ACCEPTANCE OF THE WORK

At the completion of all work authorized under this contract, the Owner will inspect the entire work and if said work is found to be satisfactory and in accordance with the specifications of the contract, the Owner will accept the work as complete. Said acceptance is prerequisite to the making of final payment.

Following the completion and acceptance of the work, the Contractor shall file with the Owner his Contractor’s

Certificate or Invoice, as appropriate, duly executed Twelve (12) months after the acceptance of the completed work under this contract, the Owner shall make a final inspection of the work. If the work shall be found to be satisfactory, then the Owner shall certify the release of the Maintenance Bond herein specified.

If the inspection of the work discloses deterioration of the work due to defects of workmanship or materials, the

Owner shall notify the Contractor in writing, and the Contractor shall, at his own expense, repair or replace any and all defects of workmanship as identified by the Owner. Said remedying of defects in workmanship and materials shall be a prerequisite to the release of the Maintenance Bond. If, after due notice, the Contractor shall neglect to make good the defects as identified by the Owner, and to the satisfaction of the Owner, then the

Owner shall proceed with notification to the Maintenance Bonding Co. and request the Bonding Co. fulfill its obligation as Surety of the Contractor.

2.1.8. SITE CLEARING

Site clearing shall consist of the clearing, cutting, trimming, pruning of tree roots, light brush, shrubs, branches, weeds, rubbish, debris as required to complete the work.

Site clearing consists of the removal and proper disposal of any roots, brush, shrubs, weeds, rubbish, or debris that are removed in order to accomplish the work. Site clearing consists of the temporary removal of structures including, but not limited to, brick pavers, mailboxes, and street & traffic signs. The items removed are to be reinstalled unless otherwise directed by the Engineer.

Site clearing shall consist of the removal and proper disposal of existing concrete curb, sidewalk, pavement, bituminous pavement as necessary to complete the work.

REFERENCE SPECIFICATIONS

Specification Attachments

Standards for Soil Erosion and Sediment Control in New Jersey.

PROTECTION OF PROPERTY

Prior to the start of construction, the Contractor shall obtain an underground utility markout for each work location in accordance with the New Jersey Underground Facilities Protection Act, N.J.S.A. 48:2–73. The One-

Call phone number is 1-800-272-1000.

The Contractor shall locate and protect sanitary sewer vents, water shutoff valves, gas shutoff valves, and any other utility located behind the curb from damage or clogging due to the construction.

The Contractor shall protect streets, sidewalks, grass, trees, shrubs, mailboxes, fences, sprinkler systems, curbs, aprons, and any and all property adjacent to the work site from damage due to the work.

The Contractor is responsible for repairing and restoring any and all damage to adjacent property such as street, curbs, aprons, grass, shrubs, trees, mailboxes, signs, sprinkler systems, any utility valve boxes and sanitary vent lines to their original, or better, condition. Failure of the Contractor to make repairs in a timely manner, especially in the case of a nonfunctioning sanitary sewer lateral, will cause the Township to make the necessary repairs. The cost of said repairs will be deducted from the payment for the work location.

METHODS OF CONSTRUCTION

The Contractor shall provide a minimum of 24 hours advance notice to residential and business property owners prior to starting site clearing operations.

Site clearing shall be done within the limits of construction. All removed materials shall be removed and disposed of properly. Excavated material shall not be stored or stockpiled on private property or within the traveled way of any street.

Burning or burial of materials is not permitted. All state and local regulations for the disposal of various cleared material shall be complied with. Broken concrete, bituminous paving, rubble, trash, or any waste material shall not be mixed into the subgrade.

The Contractor shall employ construction methods and means that will keep flying dust to a minimum.

Any survey markers or reference points shall be protected and not disturbed. If said markers must be removed in order to accomplish the work, they are to be reinstalled in their proper location.

Removal and replacement of street signs is the responsibility of the Contractor. If it is necessary to temporarily remove a traffic control sign, such as a STOP SIGN, YIELD SIGN or other such warning sign, the Contractor must notify the Pennsauken Police Department in advance. In addition, the Contractor is responsible to provide for traffic control for the full time that the sign is removed. UNDER NO CIRCUMSTANCES SHALL A

TRAFFIC CONTROL SIGN BE REMOVED WITHOUT PROVIDING APPROPRIATE MEASURES FOR

THE SAFETY OF VEHICULAR AND PEDESTRIAN TRAFFIC.

The Contractor shall notify the Pennsauken Police Department and Fire Department in advance if a street must be closed to traffic.

Shrubs, fences,…