23-02 Bituminous Materials Bid.pdf

PROJECT MANUAL

for

Bid #23-02

Bituminous

Road Material

East Amwell Township, Hunterdon County

New Jersey

January 9, 2023 at 10:00 A.M.

East Amwell Township

1070 Route 202/31

Ringoes, NJ 08551

Jenna Casper-Bloom: Mayor

Dante DiPirro: Deputy Mayor

Michael Dendis: Committee Member

John Mills: Committee Member

Tara Ramsey: Committee Member

INVITATION FOR PUBLIC BID

Notice is hereby given by the Township of East Amwell that a Bid in accord with

N.J.S.A. 40A:11-1 et. Seq. will be received by the Township on January 9, 2023 at

10:00am, prevailing time publicly broadcast and recorded on zoom and conducted on electronic platform, in accord with N.J.A.C. 5:34-1 et. Seq., on

BIDNET at www.bidnetdirect.com//eastamwelltownship:

Bid #23-02 Bituminous Materials Bid

NOTE:

It is the bidder’s responsibility to ensure that the bid package is uploaded to the e-procurement site by the bid opening date and time. Any bid document received after the deadline established by the Department of Purchasing will not be accepted, regardless of the method of delivery.

For information on attending the publicly broadcast opening contact the Qualified

Purchasing Agent at scanning@TheCanningGroup.org.

Bidders must comply with the requirements of N.J.S.A. 10:5-31 et seq., and

N.J.A.C. 17:27 et. Seq., The Township of East Amwell will award this bid to the lowest responsible bidder in accord with the New Jersey Local Public Contracts Law.

This procurement has been advertised in accordance with the “Fair and Open Basis”

(N.J.S.A. 19:44A-20.5).

Date: November 2, 2023 Sean Canning QPA, MPA

Purchasing Agent Township of East Amwell

Applicable to Bid if marked “X”

DOCUMENTATION REQUIRED OR REVIEWED

Initials When Due

Bid Guarantee (Bid Bond or Certified/Cashier’s Check) (with

POA for full amount of Bid Bond)

With Bid

Submission

Consent of Surety (Certificate from Surety company)

Performance Bond and Labor and Material Payment Bond

(Required from the Awarded Contractor)

At signing of contract

Maintenance Bond in the Amount of 100 % for a period indicated in “General Conditions” Required from the Awarded

Contractor Upon Acceptance of Project

Upon

Acceptance of

Project

Acknowledgement of Receipt of Addenda (To be Completed if Addenda are Issued)

X Ownership Disclosure Form With Bid

Submission

Named Subcontractors in Bid for Listed Specialty Trades

Public Works Contractor Registration Certificate(s) for the

Bidder and all Sub Contractors

Prior to Award, but effective at time of bid

X Business Registration Certificate – Bidder and all Sub

Contractors

Prior to

Contract

Award

Non-Collusion Affidavit With Bid

Submission

X Experience and Qualifications With Bid

Submission

Insurance and Indemnification Certificate

Prior to

Contract

Award

X Disclosure of Investment Activities in Iran Form

Prior to

Contract

Award

Federal debarment Form

Prior to

Contract

Award

Prevailing Wage Certification (PL 2021, C301)

Prior to

Contract

Award

Equipment Certification

EEO/AA Form AA-201

After Notice of

Award, Prior to

Signing

Contract

X EEO/AA Form AA-302 or Letter of Federal Approval or

Certificate of Employee Information Report

After Notice of

Award, Prior to

Signing

Contract

X Bidder’s Checklist

This checklist is provided for bidder’s use in assuring compliance with required documentation; however, it does not include all specifications requirements and does not relieve the bidder of the need to read and comply with the specifications.

Bidder

Name:

Date:

Authorized

Representative:

Signature:

Print Name &

Title:

EAST AMWELL TOWNSHIP

SCHEDULE OF PRICES

BID 23-02

BITUMINOUS ROAD MATERIALS

PROPOSAL FORM

The undersigned proposes for furnish and deliver the above goods/services pursuant to the bid specification and made a part hereof:

2024-2025 BITUMINOUS ROAD MATERIALS PROPOSAL SHEET

All Materials to be picked up by the Township of East Amwell on an as needed basis.

Respondents shall also include closure dates during winter months.

Item

Primary pick-up location state street address, city, state

Plant closure dates

Secondary pick-up location state street address, city, state

Plant closure dates

Est. Qty.

Unit Price

Base

I-2

Ton

FABC

I-5

HMA

9.5

M64

HMA

19.5

M64

MOGFC

9.5mm

11/2”

Washed

Clean

¾”

Washed

Clean

DGABC

100 Ton

Small

Core

Large

Core

Starting point Primary pick-up location

Miles

Secondary pick-up location miles

Mileage calculated by best route calculated from (1070 Route 202/31 Ringoes, NJ 08551) to the pick-up location (GOOGLE MAPS OR EQUAL) to determine low bidder for F.O.B.

plant material

Company Name Security #

Federal ID # or Social

Address

Signature of Authorized Agent Type or Print Name

Title:

Telephone Number Date

Fax Number E-mail address

SCOPE OF WORK

1.0 The Township of East Amwell, Hunterdon County, New Jersey is soliciting

Bids for bituminous road materials for a two (2) year period with the option to renew for two (2) additional, one (1) year extensions no later than 30 days prior to expiration of awarded contract.

2.0 For the determination of the lowest bid:

2.1 For each item bid on an F.D.S. basis (furnished, delivered and stockpiled by the bidder), it shall mean the Township Road Department yard located just north of the intersection of Route 31 and Route 202 in Ringoes, New Jersey. The Contractor shall unload all materials promptly upon their arrival in the location designated by the Superintendent of the Department of Public Works at the time of placing the order.

2.2 For each item bid on an F.O.B. basis (to be picked up at the bidder’s location by Township trucks; or in the case of Recycling of Bituminous Material, delivered to the bidder’s plant), the location of the bidder’s place of delivery or plant shall be stated. If the price is to be different for different locations, that shall be stated on the proposal form or on a separate sheet of paper attached to the proposal form with the price given for each location.

2.3 The Contractor, by submitting a bid on an F.D.S. item, declares that the items of equipment necessary to perform the work required are owned by him or secured by lease agreements and are available for and intended to be used on the project if awarded the contract.

2.4 Should any difference arise between the contracting parties as to the meaning or intent of these Instructions to Bidders and Specifications, the Superintendent of the Department of Public Works decision is to be final and conclusive.

2.5 For items bid on an F.D.S basis, the lowest price bid shall be determined based on the unit price shown on the PROPOSAL FORM. For items bid on an FOB basis, the lowest bid price shall be determined by adding the unit price shown on the PROPOSAL FORM and the township’s hauling costs. The hauling costs will be determined as follows:

2.6 The round trip distances (in miles) from the intersection of Linvale Road and

Mountain Road (in the Township of East Amwell) to the bidder's plant shall be multiplied by $0.50 per ton for each mile over a route selected by the Superintendent of the Department of Public Works.

2.7 For items bid on an F.O.B. basis, the bidder's unit prices as shown on the PROPOSAL FORM, will be adjusted by the Township after the bid opening and before the award, to include the hauling costs (based on the above formula) incurred by the Township. The bidder with the lowest combination of unit price plus hauling cost will be considered the low bidder. The quantity of materials purchased may be decreased if it appears to the Township that because of traffic conditions or conditions of roads and bridges, accessibility to bidder's place of delivery or poor service at bidder's place of delivery at the time the materials are needed for use, there will be a saving or advantage to the Township through purchasing the same materials from another bidder at its unit price bid. Distance will be determined by the indicated location provided on the Quarry Location Form located in the Bid Documents section of these specifications.

2.8 Should any difference arise between the contracting parties as to the meaning or intent of these Instructions to Bidders and Specifications, the Superintendent of the Department of Public Works decision is to be final and conclusive.

2.8.1 The successful bidder will not assign any interest in this contract and shall not transfer any interest in the same without the prior written consent of the OWNER.

2.8.2 The basic asphalt price index will be the monthly asphalt price index published during the month of Advertisement.

2.9 Asphalt price adjustment for asphalt binder will be determined on a monthly basis by the following formula:

A = (MA - BA) x T where: A = Asphalt Price Adjustment MA = Monthly Asphalt Price Index BA = Basic Asphalt Price Index T = Tons of New Asphalt Binder (see

Note)

2.10 Note: The weight of asphalt binder eligible for price adjustment will be determined by multiplying the percentage of new asphalt binder in the approved job mix formula by the weight of HMA.

2.11 The monthly asphalt price index will be the average of quotations of suppliers selling price in both North and South New Jersey. For that part of the State north of and including Route 195, the asphalt price index will be based on quotations from Chevron, Citgo, and, Valero Refining Company New Jersey.

2.12 It is expected that the township will pick up bituminous material from the successful bidder over the course of several months during the paving season. An asphalt price adjustment will be calculated for each month the products are picked up by township forces and the unit price of the material adjusted by the township accordingly. Invoices prepared by the supplier and presented to the township shall clearly state the date, month and year the material was picked up.

2.13 Should a monthly asphalt price index increase 50 percent or more over the basic asphalt price index, no additional material shall be furnished for the Project without written approval from the Township Engineer or Township Administrator. Should a monthly asphalt price index decrease from the basic asphalt price index, payments will be decreased accordingly.

2.14 Asphalt price adjustments will not be made in those months for which the monthly asphalt price index has changed by less than five percent from the basic asphalt price index.

3.0 SUPPLEMENTARY SPECIFICATIONS

3.1 ITEMS 1 & 2 BITUMINOUS SURFACE COURSES I-5)

3.2 Description - The work includes the furnishing asphalt surface course F.O.B. at the Contractor's plant.

3.3 Materials – All materials shall conform to the 2007 New Jersey Department of

Transportation Standard Specifications for Road and Bridge Construction. The Township may have samples of the materials tested by an independent laboratory approved by the State of New Jersey for compliance with the specifications and the requirements of the specifications.

3.4 Method of Measurement: Bituminous Surface Course will be measured by the ton. The weight will be determined by one of the following methods:

3.4.1 A weigh ticket printed by an automatic printer system used in conjunction with an automated batching and mixing system. The printed ticket shall show the individual weights of the various components of the material mixture in a batch, the total weight of each batch, and the sum of all batch weights in the truckload. At the completion of each days work, a producer’s representative shall certify on NJDOT forms that the total weight supplied to the Township was correct.

3.4.2 A weigh ticket printed by an automatic scale showing the tare and gross weights of the truck as determined for each trip and the time and date indicating when the truck was tared and when it departed from the plant. Time and date may be printed automatically by a time clock. However, the net weight must be documented on each delivery ticket by a certified weighmaster. Fully automatic scales that print gross, tare and net weights are acceptable if the system is of an approved type according to the requirements of the Department and the Office of Weights and Measures, Division of Consumer Affairs, Department of Law and Public Safety. The signature and official seal of a certified weighmaster shall be affixed to each weigh ticket.

3.4.3 Automatic truck scale weighing devices must be approved and certified by the Office of Weights and Measures, Division of Consumer Affairs, Department of Law and Public Safety.

3.4.4 In the event of breakdown of an automatic printer system, weigh tickets showing the gross, tare and net weight of each truck, as entered and certified by a weighmaster, will be accepted for a period not exceeding the necessary repair time as certified by a licensed repairman.

3.4.5 A weigh ticket shall be furnished for each truckload. Material will not be accepted unless accompanied by a weigh ticket, which shall be legible and clearly indicate the printed heading of the supplier and location of the batch plant, the title of the Project for which delivery is intended, the time and date, truck number, lot number and mix number of material being furnished, and the total net weight in each truckload.

3.5 Basis of Payment - Payment will be made under:

Pay Item Pay Unit Bituminous Surface Course, Mix I-5 Ton

Note: The weight of asphalt binder eligible for price adjustment will be determined by multiplying the percentage of new asphalt binder in the approved job mix formula by the weight of material

The Asphalt Price Adjustment for asphalt binder will be determined using the method described herein in the “Instructions to Bidders.”

3.6 ITEMS 3 & 4 1 INCH BLEND & 3/4 INCH CLEAN STONE

3.6.1 Description – The work includes the furnishing, delivery and stockpiling

(F.D.S.) of the various materials by the bidder at the Township’s Department of Public Works facility at the intersection of Rt. 31 and Route 202 in Ringoes, New Jersey. The bidder shall unload all materials promptly upon their arrival in the location designated by the Superintendent of the Department of Public Works at the time of placing the order.

3.6.2 Materials - All materials shall conform to the 2007 New Jersey

Department of Transportation Standard Specifications for Road and Bridge Construction. The Township may have samples of the materials tested by an independent laboratory approved by the State of New Jersey for compliance with the specifications and the requirements of the specifications.

3.6.3 Method of Measurement – Stone will be measured by the ton. A weigh ticket shall be furnished for each truckload. Material will not be accepted unless accompanied by a weigh ticket, which shall be legible and clearly indicate the printed heading of the supplier and the location of the plant, the title of the project for which it is intended, the time and date, truck number, and the total net weight in each

3.6.4 Basis of Payment – Payment will be made under:

3.6.4.1 Pay Item Pay Unit

3.6.4.2 1” Blend Ton

3.6.4.3 3/4” Clean Stone Ton

3.7 ITEM 5 & 6 RIP RAP STONE D50 = 4” & RIP RAP STONE D50 = 6”

3.7.1 Description – The work includes the furnishing, delivery and stockpiling (F.D.S.) of the various materials by the bidder at the Township’s Department of Public Works facility at the intersection of Rt. 31 and Route 202 in Ringoes, New Jersey. The bidder shall unload all materials promptly upon their arrival in the location designated by the Superintendent of the Department of Public Works at the time of placing the order.

3.7.2 Materials - All materials shall conform to the 2007 New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction. The Township may have samples of the materials tested by an independent laboratory approved by the State of New Jersey for compliance with the specifications and the requirements of the specifications.

3.7.3 Method of Measurement – Rip Rap Stone will be measured by the ton.

A weigh ticket shall be furnished for each truckload. Material will not be accepted unless accompanied by a weigh ticket, which shall be legible and clearly indicate the printed heading of the supplier and the location of the plant, the title of the project for which it is intended, the time and date, truck number, and the total net weight in each

3.7.4 Basis of Payment – Payment will be made under:

3.7.4.1 Pay Item Pay Unit

3.7.4.2 Rip Rap Stone, D50 = 4”

ToN

3.7.4.3 Rip Rap Stone, D50 = 6” Ton

3.8 RECYCLING OF BITUMINOUS MATERIAL

3.8.1 Description - The work includes the acceptance of bituminous material by the bidder that has been excavated by the township during a road improvement project and delivered to the bidder’s location or plant by the township (F.O.B.)

3.8.2 Materials – The material will be the excavated bituminous material and chip seal components excavated by the township during a road improvement project. The material will, for the most part, be free of dirt, stone and fabric to the extent that is possible. Some material may contain a small amount of stone which is adhered to the bituminous or chip seal road material.

3.8.3 Method of Measurement: Recycling of Bituminous Material will be measured by the ton. The weight will be determined by the following method:

3.8.3.1 A weigh ticket printed by an automatic scale showing the tare and gross weights of the truck as determined for each trip and the time and date indicating when the truck was tared and when it departed from the plant. Time and date may be printed automatically by a time clock. However, the net weight must be documented on each delivery ticket by a certified weighmaster. Fully automatic scales that print gross, tare and net weights are acceptable if the system is of an approved type according to the requirements of the Department and the Office of Weights and Measures, Division of Consumer Affairs, Department of Law and Public Safety.

The signature and official seal of a certified weighmaster shall be affixed to each weigh ticket.

3.8.3.2 Automatic truck scale weighing devices must be approved and certified by the Office of Weights and Measures, Division of Consumer Affairs, Department of Law and Public Safety.

3.8.3.3 In the event of breakdown of an automatic printer system, a weigh ticket shall be provided for each truckload and shall show the time and date, truck number, and the total gross, net and tare weight of each truck, as entered and certified by a weighmaster, will be accepted for a period not exceeding the necessary repair time as certified by a licensed repairman.

3.8.3.4 Basis of Payment - Payment will be made under:

3.8.3.4.1 Pay Item Pay Unit

3.8.3.4.2 Recycling of Bituminous Material Ton

BID 23-02

THIS BID SUBMITTED TO: East Amwell Township Committee 1070 U.S. Highway Route 202 Ringoes, NJ 08551

FROM: NAME OF BIDDER: ______________

ADDRESS OF BIDDER: _____________________________________

TELEPHONE #: FAX #:

DATE:

1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.

2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instruction to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty (60) days after the day of Bid opening. BIDDER will sign and submit the required number of counterparts of the Agreement with the bonds and other documents required by Bidding Requirements within fifteen (15) days after the date of OWNER'S Notice of Award.

3. In submitting this Bid, BIDDER represents, as more fully set forth in the agreement, that:

a. BIDDER has examined copies of all the Bidding Documents

b. BIDDER has visited the site and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance and furnishing of the Work;

c. BIDDER is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work;

d. BIDDER is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents.

e. BIDDER has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted.

f. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other bidder to submit a false or sham bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other bidder or over OWNER.

4. It is understood that the quantities listed below of the various items of work to be performed or materials to be furnished are estimates only, which can be increased or decreased in the manner designated in the specifications. All materials, formulas, testing requirements, measurements and payments, and methods of construction herein specified shall comply with the 2007 New Jersey State Department of Transportation Standard Specifications for Road and Bridge Construction, unless otherwise specified except Bituminous Surface Course Mixes I-5 which shall comply with the 2001 NJDOT Standard Specifications for Road and Bridge Construction, unless otherwise specified.

5. Bidder will complete the Work in accordance with the Contract Documents for the following price(s):

General Conditions – Professional Services, Goods &

Services

SECTION I - SUBMISSION OF BIDS

• The Township of East Amwell, Hunterdon County, New Jersey

(hereinafter referred to as "OWNER") invites sealed bids pursuant to the Notice to Bidders. Said Notice Bidders is to be attached to and is considered as a part of these General Conditions.

• IF IN PERSON BIDS, OTHERWISE REFER TO LEGAL NTOICE FOR E-

PROCUREMENT SITE. Sealed bids will be received by the Purchasing Agent or his/her designee of the Township at the time and place stated in the Notice to Bidders, and at such time and place will publicly open and real aloud all bids received.

• The bid proposal form shall be submitted on the prescribed form with appropriate spaces properly filled in and with all required supporting documentation, in a sealed envelope:

o Addressed to the Township of East Amwell o Bearing the name and address of the bidder written on the face of the envelope o Clearly marked "BID" with the contract title and/or BID # being identified o Bidders shall submit an original as well as a printed copy, clearly labeled as “COPY” o Bidders shall also, if indicated in notice submit their bid in CD/ Flash

Drive form.

• It is the bidder's responsibility to see that the bid is presented to the

Township on the hour and at the place designated. Bids may be hand delivered or mailed; however, the Township disclaims any responsibility for bids forwarded by regular or overnight mail. If the bid is sent by overnight mail, the designation in prior bullet point, above, must also appear on the outside of the delivery company envelope. All mailed bids must be delivered and signed for by the Administration Office Staff ONLY. Bids received after the designated time and date will be returned unopened.

• Sealed bids forwarded to the Township before the time of opening of bids may be withdrawn upon written application of the bidder who shall be required to produce evidence showing that the individual is or represents the principal or principals involved in the bid. Once bids have been opened, they must remain firm for a period of sixty (60) calendar days.

• All prices and amounts must be written in ink or preferably typewritten in a word format on the bid form provided. Any discrepancies between the words and numbers, the written word price shall prevail. Bids containing any conditions, omissions, unexplained erasures or alteration, 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 Township. Any changes, white-outs, strike-outs, etc. on the proposal page must be initialed in ink by the person responsible for signing the bid.

• Each bid proposal form must give the full business address of the bidder and be signed by an authorized representative. 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.

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

• Bidders must insert prices for furnishing of the specified equipment, materials or supplies, or for all of the materials and/or labor 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 Township. As specified, placement may require inside deliveries. No additional charges will be allowed for any transportation costs resulting from partial shipments made at the contractor's convenience.

• The vendor shall guarantee any or all materials and services supplied under these specifications. Defective or inferior items shall be placed at the expense of the vendor. In case of rejected materials, the vendor will be responsible for return freight charges.

• 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.

SECTION II - BID SECURITY I CONTRACT SECURITY

• The following provisions if indicated shall be applicable to this bid and be made a part of the bidding documents:

Bid Guarantee

Bidder shall submit with the bid a certified check, cashier's check or bid bond in the amount often percent (10%) of the total price bid, but not in excess of $20,000, payable unconditionally to the Township of East Amwell. When submitting a Bid Bond, it shall contain Power of Attorney for fill' amount of Bid Bond from a surety company authorized to do business in the State of New Jersey and acceptable to the Township of East Amwell. The check or bond of the unsuccessful bidder(s) shall be returned as prescribed by law.

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. If required, failure to submit is a mandatory cause for rejection of bid in accordance with NJSA 40A:11-23.2.

Consent of Surety

Bidder shall submit with the bid proposal a Certificate (Consent of

Surety) to guarantee that the surety company will furnish the Township with the bonds required by the contract documents within the time periods and in the amounts so specified. The surety shall be authorized to do business in the State of New Jersey. The Consent of Surety shall be in a form acceptable to the Township and accompanied by (a) duly executed acknowledgements of the respective parties; (b) a duly certified copy of a Power of Attorney (where the Consent of Surety is executed by an agent or other representative of the surety); (c) a duly certified extract from the By-Laws or resolutions of Surety under which the Power of Attorney was issued; and (d) a duly certified copy of latest published financial statement of asset and liabilities of Surety. If required, failure to submit is a mandatory cause for rejection of bid in accordance with NJSA 40A:11-23.2.

Performance Bond

The successful bidder shall execute and deliver to the Township within ten (10) days after notification of award of the contract, a satisfactory surely bond or bonds in an amount equal to 100% of the contract prices, upon the form prepared for and used by the Township in statutory form with such surety companies as sureties as shall be approved by the Township Council and qualified and authorized to do business under the laws of the State of New Jersey. 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 and any maintenance bonds required have been executed and approved by the OWNER.

The proposal shall also be accompanied by a Consent of Surety wherein the surely consents and agrees that if the Contract for which the proposal is made be awarded, that it will become bound as surety and guarantor for its faithful performance. If required, failure to submit may be cause for rejection of bid in

Labor & Material Payment Bond

Successful 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. If required, failure to submit may be cause for rejection of bid in accordance with NJSA 40A:11-23.2.

Maintenance Bond

Successful bidder shall upon acceptance of the work submit a maintenance bond in the amount of 100% guaranteeing against defective quality of work or materials for the period of:

1 year 2 years

If required, failure to submit may be cause for rejection of bid in

Payment Deferral

As an alternate performance guarantee, no payment shall be made for any part of this contract until the entire contract is completed to the satisfaction of the Township.

o Workmanship Guarantee – Contract Retention

The Contractor shall guarantee all labor and materials for a period of months from the date of acceptance of the work by the Township, and he shall make all needed repairs on the work as it progresses and during this guarantee period, except those due to ordinary wear and tear. The Contractor agrees that, during the said guarantee the Township may retain, out of monies payable to him under this agreement, the sum of percent of the amount of the contract; and that, should he fail to make the necessary repair at once after due notice from the Administrator or Engineer, the Township may expend the same or so much thereof as may be required to make the needed repairs; provided, however, that in case of emergency, where in the opinion of the Administrator or the Engineer it would cause serious loss or damage, the Township may make repairs without previous notice and at the expense of the Contractor.

Township, the Contract may provide a Maintenance Bond equal to ten (l0%) percent of the contract value in a form approved by the Township Attorney.

If an alternate guarantee provision is contained in the Detailed Specifications, then this alternate guarantee provision shall prevail.

SECTION III - INTERPRETATION AND ADDENDA - BIDDERS RESPONSIBILITIES

• 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 by completing the Acknowledgement of Receipt of Addenda form. The owner’s interpretations or corrections thereof shall be final.

• Pursuant to N.J.S.A. 40A:11-23(c)(1) 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. They will be sent from scanning@TheCanningGroup.org . It is recommended that the bidder understands and agrees that its bid is submitted on the basis of the specifications prepared by the Township. The bidder accepts the obligation to become familiar with these specifications.

• Bidders are expected to examine the specifications and related documents with care and observe all their requirements. Ambiguities, errors or omissions noted by bidders should be promptly reported in writing to the appropriate Township official. In the event the bidder fails to notify the Township of such ambiguities, errors or omissions, the bidder shall be bound by the bid.

mailto:scanning@TheCanningGroup.org

• No oral interpretation of the meaning of the specifications will be made to any bidder. Every request for an interpretation shall be in writing, addressed to the Township’s representative stipulated in the bid. In order to be given consideration, written requests for interpretation must be received at least five (5) days prior to the date fixed for the opening of the bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications, and will be distributed to all prospective bidders, in accordance with

N.J.S.A. 40A: 11-23. All addenda so issued shall become part of the contract documents and shall be acknowledged by the bidder in the bid.

The Township’s interpretations or corrections thereof shall be final.

• Discrepancies in the Bid o 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.

o 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 Township of the extended totals shall govern.

• Site Investigation & Representation

The bidder acknowledges that he has satisfied himself as to the nature and location of the work, the general and local conditions, particularly those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads and uncertainties of weather, physical conditions at the site, the conformation and condition of the ground, the character, quality and quantity of surface and sub-surface materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work and all other matters which can in any way affect the work or the cost thereof under this contract. Any failure by the bidder to acquaint himself with all the available information concerning these conditions shall not relieve him from responsibility for estimating properly the difficulty or cost of successfully performing the work

• Deviations

All bidders shall clearly identify any deviations from the specifications at the time the bids are opened and examined. After the contract has been entered into, no consideration shall be given for any misunderstanding as to work, materials set forth therein specified and indicated on drawings, it being mutually understood that tender of a proposal carries with it an agreement to this, and other obligations set forth in the contract and further implies full understanding of the contract document.

• Optional Pre-Bid Conference

If stated in the Notice to Bidders and checked below:

A Pre-Bid Conference will not be held. X

A pre-bid conference for this proposal will be held on .

Attendance is not mandatory but is strongly recommended. Failure to attend does not relieve the bidder of any obligations or requirements.

SECTION IV - BRAND NAMES, PATENTS AND STANDARDS OF QUALITY

• Brand names and/or descriptions used in this bid are to acquaint bidders with the type of commodity desired and will be used as a standard by which alternate or competitive materials offered will be judged.

Competitive items must be equal to the standard described and be of the same quality of work Variations between materials described and the materials offered are to be fully identified and described by the bidder on a separate sheet and submitted with the bid proposal form. Vendor's literature WILL NOT suffice in explaining exceptions to these specifications.

In the absence of any changes by the bidder, it will be presumed and required that materials as described in the proposal be delivered.

• It is the responsibility of the bidder to demonstrate the equivalency of item(s) offered. The Township reserves the right to evaluate the equivalency of an item(s) which, in its deliberations, meets its requirements.

• In submitting its bid, the bidder certifies that the merchandise 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 Township harmless from any damages resulting from such infringement.

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

• Wherever practical and economical to the Township, it is desired that recycled or recyclable products be provided. Please indicate when recycled products are being offered.

• Workmanship

All workmanship shall be in every respect in accordance with the best current practice. Only skilled craftsmen, fully qualified in the various disciplines required, shall be used in this project.

• 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.

• 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.

SECTION V - INSURANCE AND INDEMNIFICATION

• Insurance Requirements o Worker's Compensation and Employer's Liability Insurance

This insurance shall be maintained in force during the life of this contract by the bidder covering all employees engaged in performance of this contract in accordance with the applicable statute. Minimum Employer's Liability $100,000.

o General Liability Insurance

This insurance shall have limits of not less than $1,000,000 any one person and $1,000,000 any one accident for bodily injury and $2,000,000 aggregate for property damage and shall be maintained in force during the life of the contract by the bidder.

o Automobile Liability Insurance

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

• Certificate of Insurance

The contractor shall provide Certificates of the Required Insurance as listed above along with the contract as evidence covering Comprehensive General Liability, Comprehensive Automobile Liability, and where applicable, necessary Worker's Compensation and Employer's Liability Insurance. Such coverage shall be with acceptable insurance companies operating on an admitted basis in the State of New Jersey and shall name the Township as an additional insured. Said Certificates of Insurance shall state specifically that the Indemnification cited below is guaranteed by the policy. if such statement is not included in the body of the policy shall be typed on the face or back of the certificate.

• Indemnification

Successful bidder will indemnify and hold harmless the Township of East Amwell from all claims, suits or action and damages or costs of every name and description to which the Township may be subjected or put by reason of injury to the person or property of another, or the property of the Township, including attorney’s fees and costs relating to the defense of such claims, resulting from negligent acts or omissions on the part of the bidder, the bidder's agents, servants or subcontractors in the delivery of materials and supplies, or in the performance of the work under this agreement. The Township of East Amwell shall be named “Additionally Insured” on the contractor’s insurance policy.

SECTION VI - PREPARATION OF BIDS

• The Township of East Amwell is exempt from any local, state or federal sales, use or excise tax. Exemption certificates will be provided when required

• Estimated Quantities (Open-end Contracts)

The Township of East Amwell 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.5:34-4.9. NO MINIMUM PURCHASE IS IMPLIED OR

GUARANTEED.

• Successful bidder shall be responsible for obtaining any applicable permits or licenses from any government entity that has jurisdiction to require the same. All bids submitted shall include this cost in the bid price agreement, unless stated specifically otherwise in the Technical Specifications.

SECTION VII - STATUTORY AND OTHER REQUIREMENTS

• The Contractor shall familiarize himself and comply with all Federal, State and local laws, ordinances and regulations, which in any manner affect those engaged or employed in the, work, the materials or equipment to be used, or the conduct of the work. No plea or misunderstanding will be considered because of ignorance of the law.

If the CONTRACTOR observes that the Specifications or Drawings are at variance therewith, he will give the Township prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If the CONTRACTOR performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Township, he will bear all costs arising there from.

The following is a list of some Laws/Regulations which MAY impact on this contract. This list is not intended to be inclusive and is in addition to other requirements, statutes, regulations cited in these General conditions:

• Mandatory Affirmative Action Certification

No firm may be issued a contract unless it complies with the affirmative action regulations of N.J.S.A 10:5-31 et seq. & N.J.A.C 17:27. Procurement, Professional and Service Contracts

All successful vendors must submit, upon award the contract or the receipt of the contract, one of the following:

o A photocopy of a valid letter for an approved Federal Affirmative

Action Plan, or o A photocopy of an approved Certificate of Employee Information

Report, or o If the vendor has none of the above, the public agency is required to provide the vendor with an initial Affirmative Action Employee Information Report (AA-302).

• Americans with Disabilities Act of 1990

Discrimination on the basis of disability in contracting for the purchase of bids and services is prohibited. The successful bidder is required to read Americans with Disability language that is part of this specification and agrees that the provisions of Title II of the Act are made a part of the contract. The successful bidder is obligated to comply with the Act and to hold the Township harmless.

• Stockholder Disclosure

Chapter 33 of the Public Laws of 1977 provides that no corporation or partnership shall be awarded any contract for the performance of any work or the furnishing of any materials or supplies, unless, prior to the receipt of the bid or accompanying the bid of said corporation or partnership, there is submitted 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. Form of Statement shall be completed and attached to the bid proposal.

• The New Jersey Worker & Community Right to Know Act

The manufacturer or supplier of a substance or mixture shall supply the Chemical Abstracts Service number of all the components of the mixture or substance and the chemical name. The manufacturer and supplier must properly label each container. Further, all applicable Material Safety Data Sheets (MSDS) - hazardous substance fact sheet- must be furnished.

• VOC REQUIREMENT

The Contractor shall use on the job site only chemicals and cleaning products that do not exceed the national Volatile Organic Chemical (VOC) limitations rule(s) published by the U.S. Environmental Protection Agency (EPA).

• Non-Collusion Affidavit

The Non-Collusion Affidavit, which is part of these specifications, shall be properly executed and submitted with the bid proposal.

• Safety & Protection

The Contractor will be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. He will take all necessary precautions for the safety of; and will provide the necessary protection to prevent damage, injury or loss to all employees on the work and other persons who may be affected by the work and all public/private property at the site or adjacent to the work area. The Contractor will be solely responsible for compliance with all relevant State and Federal Law and Regulation governing construction activities and practices.

• Other Related Statutes o TITLE 40A, Chapter 11, Public Contract Law.

o TITLE 34, Chapter 2, concerning employment of child labor;

Chapter 5, concerning safety codes for workers in the construction industry together with the rules and regulations of the State Department of Labor and Industry, Chapter 10, concerning establishment of an eight-hour working day for laborers, workmen and mechanics.

o TITLE 52, Chapter 34, concerning the payment of commissions, percentage, brokerage or contingent fees to solicit or secure the contract.

• Release of All Liens

Prior to the final payment the contractor shall provide a certification that all liens relating to the contract have been satisfied or will be satisfied though the receipt of the final payment.

• New Jersey Business Registration Certification

All contractors and businesses must submit with their bid proof that they are properly registered with the Department of Treasury of the State of New Jersey pursuant to Chapter 57 of the laws of 2004. This certificate must be provided in accordance with current applicable New Jersey State Law. For any proposal involving subcontractors, the Business Registration Certificate must be provided for both the contractor and each subcontractor required to be listed in the bid document. See attached detailed information on this requirement.

The contractor shall provide written notice to its subcontractors of the responsibility to submit proof of business registration to the contractor.

Before final payment is made the contractor shall submit an accurate list and the proof of business registration of each subcontractor or supplier used in the fulfillment of the contract or shall attest that no subcontractors were used. For the term of the contract, the contractor and each of its affiliates and a subcontractor and each of its affiliates [N.J.S.A. 52:32- 44(g)(3)] shall collect and remit to the Director, N.J. Division of Taxation, the use tax pursuant to the Sales and Use Tax Act on all sales of tangible personal property delivered into the State, regardless of whether the tangible personal property is intended for a contract with a contracting agency.

• New Jersey Anti-Discrimination

The contract for this bid shall require that the contractor agrees not to discriminate in employment and agrees to abide by all the anti-discrimination laws, including but not limited to N.J.S.A 10:2-1 as included in this packet.

• Pay-to-Play Legislation

Pursuant to P.L. 2005, c.271, s3 any business entity that has received

$50,000 or more in a calendar year through agreements or contracts with public entities, must file an annual disclosure statement with the Commission. The Business Entity Annual Statement (Form BE) and filing instructions can be found at www.elec.state.nj.us.

• Disclosure of Investment Activities in Iran

N.J.S.A. 52:32-55 prohibits state and local public contracts with persons or entities engaging in certain investment activities in energy or finance sectors in Iran. Bidders must indicate if they comply with the law by certifying the form Pursuant to N.J.S.A. 40A:11-2.1 the owner is required to notify the New Jersey Attorney General if it determines a false certification has been submitted.

SECTION VIII - BID OPENING I ANALYSIS & AWARD

• Acceptance of Bids

The Township of East Amwell reserves the right to waiver any immaterial defect or informality in any bid and reserves the right to…