260918_Full Specs_26EOWC103.pdf

SPECIFICATIONS

FOR

HYDRANT REPLACEMENT PROGRAM

EAST ORANGE WATER COMMISSION

CITY OF EAST ORANGE

ESSEX COUNTY, NEW JERSEY

COMMISSION MEMBERS

Alison Rolling, President

Shantel Harrison, Vice President

Sherkera Lucas, Secretary

Emmanuel Awe, Commissioner

Fatimah McConnell, Commissioner

BOSWELL, INC.

330 Phillips Avenue

South Hackensack, NJ 07606

N.J. Certificate of Authorization No. 24GA27958000

26EOWC103

Giselle Diaz, P.E.

Professional Engineer

New Jersey License No. 24GE04483200

September 17, 2026

This project is funded by the City of East

Orange, Board of Water Commission.

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TABLE OF CONTENTS

TABLE OF CONTENTS ............................................................................................................................................................................................. i

DEFINITION OF TERMS ........................................................................................................................................................................................... ii

NOTICE TO BIDDERS

INFORMATION FOR BIDDERS

GENERAL CONDITIONS OF THE CONTRACT

SCOPE OF WORK

AGREEMENT

PERFORMANCE/LABOR MATERIAL BOND

INITIAL PROJECT WORKFORCE REPORT CONSTRUCTION

EMPLOYEE INFORMATION REPORT

MONTHLY PROJECT WORKFORCE REPORT - CONSTRUCTION

PROPOSAL FORMS

BID DOCUMENT SUBMISSION CHECKLIST

BID PROPOSAL FORM

SCHEDULE OF PRICES

CONSENT OF SURETY

STATEMENT OF OWNERSHIP DISCLOSURE

CERTIFICATION OF NON-DEBARMENT FOR FEDERAL GOVERNMENT CONTRACTS

BUSINESS REGISTRATION CERTIFICATE

PREVAILING WAGE COMPLIANCE DECLARATION

LOWEST BIDDER PREVAILING WAGE CERTIFICATION

PUBLIC WORKS CONTRACTOR REGISTRATION

NON - COLLUSION AFFIDAVIT

EQUIPMENT CERTIFICATION

BIDDER’S AFFIDAVIT

BID BOND

BIDDER’S SAFETY ACKNOWLEDGMENT

BIDDER’S QUALIFICATION FORM

PLANT AND EQUIPMENT QUESTIONNAIRE

NAMING OF SUBCONTRACTORS FORM

DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN

CERTIFICATION PROHIBITED ACTIVITIES IN RUSSIA OR BELARUS

SUPPLEMENTARY TECHNICAL SPECIFICATIONS

PREVAILING WAGE RATES ....................................................................................................................................................... APPENDIX A

PUBLIC UTILITIES ............................................................................................................................................................................ APPENDIX B

HYDRANT LOCATION AND TYPE ........................................................................................................................................ APPENDIX C

STANDARD CONSTRUCTION DETAILS ............................................................................................................................APPENDIX D ii

DEFINITION OF TERMS

Owner East Orange Water Commission 99 South Grove St East Orange, N.J. 07018

Engineer Kevin J. Boswell, P.E.

Boswell Inc.

330 Phillips Avenue South Hackensack, N.J. 07606

Contractor Party to whom the contract is awarded acting directly or through authorized representatives or employees.

Plans & Specifications All engineering plans and specifications prepared by Boswell Engineering, and as directed herein, shall govern in the execution of the work.

Owner’s Attorney Ronald Hunt 44 City Hall Plaza, 2nd Floor East Orange, New Jersey 07019

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NOTICE TO BIDDERS

EAST ORANGE WATER COMMISSION

CITY OF EAST ORANGE

ESSEX COUNTY, NEW JERSEY

Sealed bids will be received by the City of East Orange, East Orange Water Commission, 44 City Hall

Plaza, East Orange, New Jersey 07018 in the County of Essex and State of New Jersey on Wednesday, October 14, 2026, at 11:00 a.m. prevailing time on the City’s E- Procurement portal at https://hub.planetbids.com/hub/bm/bm-detail/145523, and then publicly opened for:

HYDRANT REPLACEMENT PROGRAM

EAST ORANGE WATER COMMISSION

CITY OF EAST ORANGE

ESSEX COUNTY, NEW JERSEY

The work to be performed under this contract includes the replacement of fire hydrants throughout the

City of East Orange.

Principal items of work in the project include:

• 78 UNIT Fire Hydrant Replacement

• 49 UNIT Hydrant Assembly Replacement

The work contemplated under this Contract shall be completed within 120 calendar days of notice to proceed.

Proposals shall be submitted via the City's electronic procurement portal https://hub.planet-bids.com/hub/bm/bm-detail/145523.

Any proposal received after 11:00 A.M. shall not be accepted. All questions and requests for infor-mation must be submitted through the E-Procurement portal. The deadline for posting questions and requests is Friday, October 2, 2026, at 11:00 A.M. The E-Procurement system will not accept postings after the deadline set for submitting questions. All notices of revisions or addenda shall be transmitted through the City's electronic procurement portal in accordance with N.J.A.C. 5:34-5.3(e).

ONLY ELECTRONIC PROPOSALS SHALL BE ACCEPTED.

Detailed Bid proposal packets and Specifications are available free of charge for download on the City of East Orange E-Procurement portal: https://hub.planetbids.com/hub/bm/bm-detail/145523.

Each bid must be made upon the prescribed forms, furnished with the Contract Drawings and Specifi-cations, including the non-collusion affidavit and ownership statement compliance form and must be accompanied by a Consent of Surety and a certified check, cashier's check, or Bid Bond of not less than ten (10%) percent of the amount bid and, not to exceed $20,000.00. Such checks and Bonds shall be made payable to the Owner and will be held as a Guarantee that in the event the Bid is accepted and a Contract awarded to the bidder, the Contract shall be duly executed and its performance properly se-cured. The successful bidder shall furnish and deliver to the Owner a performance and payment bond

- 2 -in the amount of 100 percent of the accepted bid amount as security for the faithful performance and payment of the Contract. The bid guarantee shall be submitted in accordance with N.J.A.C 5:34-5.3(f).

Further, the successful bidder must furnish the policies or Certificates of Insurance required by the

Contract. In default thereof, said checks and the amount represented thereby will be forfeited to the aforesaid Owner as liquidated damages. Bids must be accompanied, in the case of corporations not chartered in New Jersey, by proper certificate that such corporation is authorized to do business in the

State of New Jersey.

Bidders are required to comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 regarding equal employment opportunity, as amended. All corporations and partnerships and limited liability companies must comply with N.J.S.A. 52:25-24.2, regarding disclosure of partners and stock-holders. Each bid must be enclosed in a sealed envelope bearing the name and address of the bidder, addressed to the Owner and labeled for the HYDRANT REPLACEMENT PROGRAM.

The successful bidder will be required to comply with all provisions of prevailing wage rates as deter-mined by the New Jersey Department of Labor.

All bid security, except for the security of three apparent lowest responsible Bidders, will be returned, unless otherwise requested by the Bidder, within 10 days after the opening of the bids, Sundays and holidays excepted, and the bids of such bidders shall be considered as withdrawn as per N.J.S.A.

40A:11-24.

Unless otherwise permitted by N.J.S.A. 40A:11-23.3, all bids shall be irrevocable, not subject to with-drawal and shall stand available for a period of sixty (60) days in accordance with N.J.S.A. 40A:11-24.

The Owner and Bidder may agree to hold bids for consideration for a longer period of time, in accord-ance with N.J.S.A. 40A:11-24.

The Owner reserves the right to reject bids pursuant to N.J.S.A. 40A:11-13.2, N.J.A.C. 7:22-9.10, or other applicable law; to waive minor informalities or non-material exceptions in the bids received and to accept the bid from the lowest responsible bidder, as per N.J.S.A. 40A: 11-1, et seq.

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

CITY OF EAST ORANGE

BOARD OF WATER COMMISSIONERS

Edward Cho, QPA

INFORMATION FOR BIDDERS

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INFORMATION FOR BIDDERS

1. Contract Documents

Detailed Bid proposal packets and Specifications are available free of charge for download on the City of East Orange E-Procurement portal: https://hub.planetbids.com/hub/bm/bm-detail/145523.

The Owner, pursuant to N.J.S.A. 40A:11-25, may require from any person proposing to bid hereon a statement showing their experience in performing public work before furnishing them with the Con-tract Documents and, if not satisfied with the sufficiency of the statement, may refuse to furnish the Contract Documents to them.

2. Proposal Forms

The proposal form shall be filled out entirely and submitted with the full Bidder’s proposal via the City's electronic procurement portal. All blank spaces for unit prices, extended totals, summation, and lump sums must be completed. Any omission in the Proposal shall be just cause for rejection.

3. Submission of Bid

Proposals shall be submitted via the City's electronic procurement portal: https://hub.planet-bids.com/hub/bm/bm-detail/145523. Any proposal received after 11:00 A.M. shall not be accepted.

Bidders must use the proposal forms provided.

4. Bid Bond

Accompanying each bid shall be a certified check, cashier's check or bid bond, in the amount of ten percent (10%) of the amount of the bid but not more than $20,000.00. N.J.S.A. 40A:11-21. Such checks and Bonds shall be made payable to the Owner and will be held as a Guarantee that in the event the Bid is accepted and a Contract awarded to the Bidder, the Contract shall be duly executed and its performance properly secured.

In the event that the Bidder elects to provide its Guarantee in the form of a cashier’s check or certified check, the Bidder shall comply with the following requirements:

1. The Bidder shall include an image of the check with its bid submitted via the electronic pro-curement platform;

2. The physical check shall be sealed upon submission of the bid to the local unit and clearly marked as part of the Bidders response;

3. The Bidder shall deliver the physical check to delivered to the City of East Orange’s purchasing department at 44 City Hall Plaza East Orange, NJ 07018. The physical check shall be received from the Bidder no later than the deadline for receipt of bids;

4. The Owner will not open the sealed envelope containing the physical check until the time and place of the opening of Bid submissions.

In the event that the Bidder elects to provide its Guarantee in the form of a Bid Bond, the Bidder shall provide its Bid Bond with its bid submitted via the electronic procurement platform in a format where the bond or certificate can be verified electronically through a verification code issued by the surety.

A hard copy of the Bond shall be delivered to the City of East Orange’s purchasing department, 44 City Hall Plaza East Orange, NJ 07018, for review within 5 days from bid opening date.

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The Owner shall award the contract or reject all bids within such time as may be specified herein, but in no case more than 60 days, except that the bids of any Bidders who consent thereto may, at the request of the Owner, be held for consideration for such longer period as may be agreed. All bid security, except the security of the three apparent lowest responsible Bidders, shall be returned, un-less otherwise requested by the Bidder, within 10 days after the opening of the bids, Sundays and holidays excepted, and the bids of such Bidders shall be considered as withdrawn. Within three days, Sundays and holidays excepted, after the awarding and signing of the contract and the approval of the contractor's performance bond, the bid security of the remaining unsuccessful Bidders shall be returned to them. N.J.S.A. 40A:11-24. No interest will be allowed upon any bid security

5. Consent of Surety

In addition to the bid security, each bidder must file with their bid a letter from a surety company which states, in the event said bidder is awarded the Contract, that the surety company will furnish a performance bond and payment bond each in the amount of one hundred percent (100%) of the amount of the Contract. The bonding company must be listed on the Federal Treasury List (Depart-ment Circular 570) and must be licensed to do business in the State of New Jersey. This shall be included with the Bidder’s proposal and submitted via the City's electronic procurement portal.

6. Performance Bond

The successful Bidder shall furnish and deliver to the Owner, along with the executed contract, a bond in the amount of one hundred percent (100%) of the contract price as security for the faithful perfor-mance of the contract, and guaranteeing 100 percent of the work performed. The performance bond must be executed by a responsible surety company acceptable to the Owner with a rating of "A" or better as determined by Best Rating System and authorized to transact business in the State of New Jersey. The performance bond shall be in accordance with N.J.S.A. 2A:44-143 to 147. This bond may be in the form of a single performance in the total amount of one hundred percent (100%) of the amount of the contract price.

7. Payment Bond

The Contractor or Contractors to whom the Contract is awarded shall, along with the executed con-tract, give a bond for one hundred percent (100%) of the full amount of the contract price in satis-factory legal form of a surety company or companies with a rating of "A" or better as determined by Best Rating System authorized to do business by and operating in accordance with the laws of the State of New Jersey and to be approved by the said Owner for the protection of all persons furnishing materials or labor for the construction of this contract to the Contractor or any subcontractors, said material and labor bond to be in the form required by Chapter 2A:44-143 to 147, N.J.S.A. and amend-ments thereto and supplements thereto, said bond not be returned and cancelled until all liability to any and all persons protected by the condition of said bond shall have been met by the Contractor or persons primarily liable for the payment thereof, or by the surety on said bond. This bond shall be in the form of a single payment bond in the total amount of one hundred percent (100%) of the amount of the contract price.

The surety company issuing the payment and performance bonds shall have the minimum surplus and capital stock or net cash assets required by N.J.S.A. 17:17-6 or N.J.S.A. 17:17-7, whichever is appro-priate, at the time the invitation to bid is issued. Furthermore, the surety company, with respect to the issuance of the payment and performance bonds, must expressly comply with all of the provisions contained in N.J.S.A. 2A:44-143(b), with respect to the requirements concerning the holding of a cur-rent Certificate of Authority, issued by the United States Secretary of the Treasury pursuant to 31 U.S.C. Sec. 9305, that is valid in the State of New Jersey as listed annually in the United States Treas-ury Circular 570.

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Moreover, with respect to the issuance of the payment and performance bonds, the surety company must submit the statutorily required Surety Disclosure Statement and Certification, required by N.J.S.A. 2A:44-143(d.), a copy of which document is included in these specifications, and furthermore, must meet all of the requirements of the Commissioner of Insurance of the State of New Jersey with respect to issuance of payment bonds for construction projects involving public funds.

8. Unit Prices

This is a unit price bid which will be awarded to the responsible bidder submitting the lowest total cost proposal for the Owner unit price estimates as defined in the proposal sheet. The Contract will be awarded based on the overall total cost proposed in the bid. Payment shall be made as described in the Technical Specifications.

The unit price is to reflect the Bidder’s firm cost of each item. The Owner reserves the right to reject the Bidder’s unit prices if considered unbalanced. Burden is on the Contractor to substantiate the reasonableness of unit prices. If evidence is not forthcoming, the Contractor agrees to accept the value provided by the Engineer. This provision only applies to unit prices to the extent that those unit prices constitute a schedule of values used to calculate the total bid.

9. Errors in Bid

In the event there is a discrepancy between the unit prices and the extended totals, the unit prices shall prevail. In case there is an error in the summation of the extended totals, the extended totals shall govern and the computed summation by the Engineer shall be accepted as the amount bid.

In the event there is a discrepancy between the item unit bid prices written in numbers and the item unit bid prices written in words, the item unit bid prices written in words shall govern.

10. Estimated Quantities

The quantities as listed in the proposal are approximate only, and are given as a basis for the com-parison of bids. The Owner reserves the right to increase or decrease any item in accordance with

NJAC 5:30-11.3.

11. Condition of Job Site

Each Bidder shall familiarize themself with the conditions of the job site and inform themself fully of the conditions relating to the construction and labor under which the work will be performed. Failure to do so will not relieve the successful Bidder of his obligation to perform the work as set forth in the Contract Documents.

Bidders are hereby notified that it will be their responsibility to obtain information which they may require as to subsurface conditions and the location of underground utilities.

Each Bidder by submission of his bid represents that he has apprised himself of all conditions, and the kind, quality, and quantity of work to be performed.

12. Addenda and Interpretations

No interpretations of the meaning of the Contract Documents will be made orally by the Engineer to any prospective Bidder. All questions and requests for information must be submitted through the E- Procurement portal. The deadline for posting questions and requests is Friday, October 2, 2026, at 11:00 A.M. The E-Procurement system will not accept postings after the deadline set for submitting questions. In accordance with N.J.A.C. 5:34-5.3(e), all notices of revisions or addenda shall be

- 7 -transmitted through the City's electronic procurement portal to each of the persons who has received a bid package not later than seven (7) days – Saturdays, Sundays and holidays exempted – prior to the date of acceptance of bids. NJDEP approval is necessary for any and all addenda issued for inclu-sion as part of the approved contract documents.

13. False Statements

Bidder are required to comply with N.J.S.A. 40A:11-1.1 et seq., N.J.A.C. 5:34-1 to -9, and any and all other associated laws and regulations concerning penalties for false statements.

A deposit made by any person who makes or causes to be made a false, deceptive or fraudulent state-ment or answers in response to a questionnaire or in the course of a hearing hereunder may be caused to be forfeited, as liquidated damages by and to the contracting unit.

Any person who makes or causes to be made, a false, deceptive or fraudulent statement in the state-ment or answers in response to the questionnaire, or in the course of any hearing hereunder, shall be guilty of a misdemeanor, and upon conviction shall be punishable by a fine of not less than $100.00 nor more than $1,000.00, and shall be permanently disqualified from bidding on all public work or contracts of the contracting unit which submitted the questionnaire; or, in the case of an individual or an officer or employee charged with the duty of responding to the questionnaire for a person, firm, copartnership, association or corporation, by such fine or by imprisonment, not exceeding 6 months, or both.

14. Rejection of Bids

The Owner reserves the right to reject bids pursuant to N.J.S.A. 40A:11-13.2, N.J.A.C. 7:22-9.10, or other applicable law; to waive immaterial informalities or non-material exceptions in the bids received and to accept the bid from the lowest responsible Bidder, as per N.J.S.A. 40A:11-1, et seq.

15. Utilities

Bidders are hereby notified that it will be the Contractor's responsibility to notify respective utility companies of any damages caused by the Contractor to their lines and see that the same will be repaired immediately at no cost to the Owner.

16. Work Scheduling

In accordance with the Contract Documents, prior to beginning construction, the Contractor shall sub-mit a project schedule to the Engineer for approval–Construction Progress Schedule. This Schedule shall include sequence of work activity and estimated time of initiation and completion of each phase of the work as defined in the Contract Documents.

17. The Bids

On a bid for any contract, the Owner reserves the right to hold a hearing to determine who is the lowest responsible/responsive Bidder. All Bidders agree that the decision of the Owner shall be final and not appealable unless such decision is made in bad faith. Whenever two or more responses to a request of a contracting agent offer equal prices and are the lowest responsible bids or proposals, the contracting unit may award the contract to the vendor whose response, in the discretion of the con-tracting unit, is the most advantageous, price and other factors considered. In such a case, the award resolution or purchase order documentation shall explain why the vendor selected is the most advan-tageous. N.J.S.A. 40A:11-6.1(d).

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18. Discrimination, Affirmative Action Program and Equal Employment Opportunity (EEO)

Bidders are required to comply with the requirements of N.J.S.A. 10:2-1 to -4; N.J.S.A. 10:5-31 et seq.

and N.J.A.C. 17:27, and with all regulations promulgated thereunder. The Contractor also agrees to submit a copy of the Monthly Project Work Form AA-202 once a month thereafter for the duration of the contract to the New Jersey Department of Labor & Workforce Development Construction EEO Compliance Monitoring Program and to the Owner's compliance officer.

19. Beneficial Ownership In Bidder

Pursuant to N.J.S.A. 52:25-24.2, No corporation, partnership, or limited liability company shall be awarded any contract nor shall any agreement be entered into for the performance of any work or the furnishing of any materials or supplies, the cost of which is to be paid with or out of any public funds, by the State, or any county, municipality or school district, or any subsidiary or agency of the State, or of any county, municipality or school district, or by any authority, board, or commission which exercises governmental functions, unless prior to the receipt of the bid or accompanying the bid, of said corporation, said partnership, or said limited liability company there is submitted a statement setting forth the names and addresses of all stockholders in the corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the limited liability company who own a 10 percent or greater interest therein, as the case may be. If one or more such stockholder or partner or member is itself a corporation or partnership or limited liability company, the stockholders holding 10 percent or more of that corporation's stock, or the individual partners owning 10 percent or greater interest in that partnership, or the members owning 10 percent or greater interest in that limited liability com-pany, as the case may be, shall also be listed. The disclosure shall be continued until names and ad-dresses of every noncorporate stockholder, and individual partner, and member, exceeding the 10 percent Ownership criteria established in this act, has been listed.

To comply with this section, a bidder with any direct or indirect parent entity which is publicly traded may submit the name and address of each publicly traded entity and the name and address of each person that holds a 10 percent or greater beneficial interest in the publicly traded entity as of the last annual filing with the federal Securities and Exchange Commission or the foreign equivalent, and, if there is any person that holds a 10 percent or greater beneficial interest, also shall submit links to the websites containing the last annual filings with the federal Securities and Exchange Commission or the foreign equivalent and the relevant page numbers of the filings that contain the information on each person that holds a 10 percent or greater beneficial interest.

20. Payment of Wages

Bidders on this contract will be required to pay the prevailing wage rates for the locality in which the project is to be performed. The prevailing wage rate shall be determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended, or the New Jersey Prevailing Wage Law of 1963, Chapter 150 (N.J.S.A. 34:11 - 56.25 et seq.)., whichever rates are higher.

Record of wages paid by contractor and subcontractor

At the time of the bid due date, the bidder and the subcontractors must be registered in ac-cordance with “The Public Works Contractor Registration Act,” N.J.S.A. 34:11-56.48, et seq.

Contractors should be aware that registration and compliance with this act will require, among other things, that the Contractor must report its payroll weekly to the New Jersey Department of Labor and Workforce Development. This reporting is now required to be performed elec-tronically, through a site developed and maintained by the Department of Labor and Work-force Development. Contractors are required to establish an account in this electronic system,

- 9 -and to comply with all relevant reporting requirements. The Department of Labor and Work-force Development has created this portal for contractors to register and submit payrolls:

https://www.nj.gov/labor/wageandhour/prevailing-rates/njwagehub.shtml.

All questions regarding registration and payroll submission should be addressed to:

Contractor Registration Unit New Jersey Department of Labor & Workforce Development

Division of Wage & Hour Compliance P O Box 389

Trenton NJ 08625-0389 Telephone: 609-292-9464

FAX: 609-633-8591

The Contractor shall pay the minimum rates determined by the United States Secretary of Labor and the New Jersey Department of Labor and Workforce Development. If the minimum wage rate pre-scribed for any craft by the United States Secretary of Labor is not the same as the minimum wage rate prescribed for that craft by the New Jersey Department of Labor and Workforce Development, the higher rate shall be the rate paid.

The state wage rates in effect at the time of award are made a part of this contract, pursuant to Chapter 150, Laws of 1963 (N.J.S.A. 34:11-56.25 et seq.).

In the event it is found that any employee of the Contractor or any subcontractor covered by the contract, has been paid a rate of wages less than the minimum wage required to be paid by the con-tract, the Owner may terminate the Contractor's or subcontractor's right to proceed with the work, or such part of the work, as to which there has been a failure to pay required wages and to prosecute the work to completion or otherwise. The Contractor and its sureties shall be liable to the local gov-ernment for any excess costs occasioned thereby.

21. Requirements Before Contract

The Owner requires the submission of the documents set forth in the Bid Submission Checklist. This

Checklist must be completed and submitted with bid in accordance with N.J.S.A. 40A:11-23.1B.

22. Payment to Contractors

Pursuant to N.J.A.C. 7:14-2.8, the following payment requirements apply to contracts for the construc-tion of wastewater treatment facilities. Should any provision of N.J.A.C. 7:14-2.8 conflict with N.J.S.A.

40A:11-1 et seq. or N.J.S.A. 2A:30A-1 et seq., the latter shall control with respect to this contract.

(a) At least 20 days before each monthly progress payment falls due for approval (but not more often than once per month), the Contractor will submit to the Engineer a partial payment estimate filled out and signed by the Contractor covering the work performed during the pe-riod covered by the partial payment estimate and supported by such data as the Engineer may reasonably require. Where any specific item(s) in the partial payment estimate is in dis-pute, the Engineer may delete those costs from the estimate and approve the acceptable por-tion of the payment request. Payment requested for stored materials and/or equipment shall be subject to the following conditions being met or satisfied:

1. The materials and/or equipment shall be received in a condition satisfactory for in-corporation in the work.

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2. The materials and/or equipment shall be stored in such manner that they will not be damaged due to weather, construction operations or any other cause.

3. An invoice from the supplier shall be furnished for each item on which payment is requested.

4. The Contractor shall furnish written proof from the supplier of 90 percent payment for the materials and/or equipment no later than 30 days after receipt of payment for same from the Owner. The Owner shall have the right to deduct from the next pay-ment estimate an amount equal to the payment for said material and/or equipment if reasonable and adequate proof is not submitted.

(b) The Contractor warrants and guarantees that title to all work, materials, and equipment cov-ered by an Application for Payment, whether incorporated in the project or not, will pass to the Owner upon the receipt of such payment by the Contractor free and clear of all lien, claims, security interests or encumbrances (except 10 percent retention which may be withheld from suppliers and subcontractors to guarantee completion and performance). The Engineer will after receipt of each partial payment estimate either indicate in writing its approval of pay-ment and present the partial payment estimate to the Owner, or return the partial payment estimate to the Contractor indicating in writing its reasons for refusing to approve payment.

In the latter case, the Contractor may make the necessary corrections and resubmit the partial payment estimate. The Owner shall review the partial payment estimate at its next regularly scheduled meeting and, if approved, payment shall be made available to the Contractor within five days. The Owner shall retain not more than two percent of the amount of each payment claimed. In accordance with EPA regulations, prime contractors are also required to make prompt payment to subcontractors and suppliers for eligible construction, material, and equipment costs. Generally, payments of all valid subcontractor and supplier requests for pay-ment should be satisfied prior to the next succeeding request for progress payment by the prime contractor.

(c) When the work is substantially complete (Operational or Beneficial Occupancy), the withheld amount shall be further reduced below two percent but not less than twice the current market value of the work yet to be completed. On completion and acceptance of a part of the work on which the price is stated separately in the Contract Documents, payment shall be made in full including retained percentages, less authorized deductions. The contractor or Owner may request assistance and guidance from the Department on disputes regarding retainage.

(d) "Substantial completion" as used in the context of this section shall mean satisfactory com-pletion of major portions of the contract work, including inspection and testing, so that the facility may be turned over to the Owner for its intended use or occupancy. The Engineer shall certify the date of substantial completion and that date shall establish the beginning date of the warranty/guarantee period unless a prior date has been established.

23. The Owner is responsible to apply and obtain any applicable permits in accordance with N.J.A.C. 7:14–

2.3 and shall provide record information as per N.J.A.C. 7:14–2.2 in order for the Engineer to prepare As-Built drawing. The Owner is responsible for all fees associated with the permits. The Contractor shall be required to coordinate and assist in acquisition of same

24. The Contractor to use field layout information provided by the Owner as per N.J.A.C. 7:14 – 2.5 and his own and report any discrepancies to the Engineer.

25. The Contractor is obligated to give New Jersey Department of Environmental Protection personnel full access to the construction site and records as per N.J.A.C. 7:22-3.23 and 7:22-4.23.

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26. The Owner is obligated to post on their website, the New Jersey Department of Environmental Pro-tection (NJDEP) Project description as per N.J.A.C. 7:22-3.27 and 4.27. A project sample is attached under Appendix “D”.

27. Construction Phase Requirements

The Owner will employ one, or more if warranted by the scope of the project, environmental inspec-tor(s) to ensure that the requirements of the specifications relating to environmental and cultural resource protection and restoration are effectively carried out. Individuals designated as environmen-tal inspectors by the project sponsor must possess, at a minimum, the education/experience qualifi-cations of an Environmental Specialist employed with the Department. The Department will also con-duct environmental inspections to oversee the conduct of the protection/restoration measures. Re-sponsibilities of the project’s environmental inspector(s) include the following:

1. Daily inspections of active work areas and periodic inspection of maintenance or restoration areas sufficient to ensure performance of protection measures in accordance with contract documents.

2. The maintenance of a daily job diary in which they shall record the progress of work and of any problems encountered. The environmental inspectors shall notify the Contractor in writ-ing immediately upon noticing that environmental specifications are not being met.

3. At frequent intervals during construction, the load recipient, the Engineer, the environmental inspectors and the Department inspectors shall meet to review progress and to resolve diffi-culties that might result in unnecessary delays in the work. The Department shall notify the recipient if deficiencies are not immediately corrected. The loan recipient shall then direct compliance with the environmental requirements.

28. Failure of Bidders to Enter Into Contract

Should the successful Bidder fail or refuse to execute and deliver the Contract, bonds, certificate of insurance, cost breakdown, construction schedule, shop drawing submission schedule, or any of them, satisfactory to Owner, within 15 days after the Contractor has received the notice of the award, Sun-days and holidays excepted, or within such further time period as the Contractor and Owner may in writing agree, the Owner shall have right to rescind the award and declare the amount of the contrac-tor’s bid security to be forfeited to the Owner, as liquidated damages for such failure or refusal.

29. Value Engineering Change Orders

In accordance with N.J.S.A. 40A:11-16.6 all construction contracts equal to, or in excess of, $5,000,000 shall allow for value engineering construction change orders to be approved after award of contract.

As provided for in the referenced statute the Contractor and Owner shall equally share in cost savings generated on the contract as a result of an approved value engineering construction change order.

The Contractor shall have no claim against the Owner as a result of a disapproval of a value engineer-ing construction proposal.

The Bidder is cautioned not to base any bid prices on the anticipated approval of a proposal and to recognize that such proposal may be rejected. In the event of a rejection, the Contractor is required to complete the contract according to the original plans and specifications and the prices initially bid and accepted by the Owner.

The Bidder shall refer to the Article of the Contract entitled “Value Engineering Change Orders” for additional information and procedure.

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30. Conditions For Purchases Funded, In Whole or In Part, By Federal Funds

In accordance with 2 CFR 200.327, the Contractor must comply with the conditions set forth in Ap-pendix M.

GENERAL CONDITIONS OF THE CONTRACT

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INDEX FOR

ART. 1 DEFINITIONS

ART. 2 INTENT OF CONTRACT DOCUMENTS

ART. 3 ORDER OF COMPLETION

ART. 4 OWNERSHIP OF DRAWINGS

ART. 5 CONTRACTOR'S UNDERSTANDING

ART. 6 CONTRACTOR'S RESPONSIBILITY

ART. 7 OWNER'S RESPONSIBILITY

ART. 8 SUBCONTRACTORS

ART. 9 SUPERINTENDENTS

ART. 10 PROTECTION OF WORK AND PROPERTY

ART. 11 INSPECTION OF WORK

ART. 12 CHANGES IN THE WORK

ART. 13 TIME OF COMPLETION

ART. 14 MONTHLY ESTIMATES

ART. 15 WITHHOLDING OF PAYMENT

ART. 16 FINAL ESTIMATE AND FINAL PAYMENT

ART. 17 MAINTENANCE

ART. 18 DEFECTIVE WORK

ART. 19 CLAIMS FOR EXTRA COST

ART. 20 LINE AND GRADE

ART. 21 PUBLIC UTILITIES

ART. 22 CHATTEL MORTGAGES

ART. 23 INSURANCES

ART. 24 WORK BY OTHERS

ART. 25 RIGHT OF OWNER TO DECLARE CONTRACTOR IN DEFAULT

ART. 26 REMOVAL OF EQUIPMENT

ART. 27 CONTRACTOR'S RIGHT TO TERMINATE WORK

ART. 28 SUSPENSION OF WORK

ART. 29 POWERS OF THE ENGINEER

ART. 30 DISPUTES

ART. 31 UNAUTHORIZED WORK

ART. 32 MAINTENANCE OF TRAFFIC

ART. 33 EROSION AND SEDIMENTATION CONTROL

ART. 34 FINAL CLEAN UP

ART. 35 LIENS

ART. 36 COMPLIANCE WITH LABOR STATUTES AND RULES

ART. 37 AMERICAN GOODS AND PRODUCTS

ART. 38 PUBLIC WORKS CONTRACTOR REGISTRATION ACT

ART. 39 DOCUMENTATION RETENTION

ART. 40 DIFFERING SITE CONDITIONS

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ART. 1 DEFINITIONS

Certain terms are used from time to time in the Contract Documents and shall be construed as follows:

Contract Documents - consist of the Notice to Bidders, Information for Bidders, Proposal, Agreement, General Conditions of the Contract, General Specifications, Supplemental Specifications, Plans, ad-denda, responses to requests for information, change orders, other amendments, and all exhibits, ap-pendices and documents attached to or referenced in any of the foregoing materials.

Owner - shall mean the EAST ORANGE WATER COMMISSION (“EOWC”).

Engineer - shall mean the individual or their agent so designated by the Owner.

Contractor - shall mean the successful bidder who is the party of the second part of the Agreement.

For convenience throughout the Contract Documents, the Contractor shall be referred to as an indi-vidual.

Subcontractor - shall mean those having a direct contract with the Contractor to furnish materials worked to a special design according to the Contract Documents of this work.

Work - shall mean all labor, materials, supplies, tools and equipment, insurance, bonds, and other fa-cilities necessary to complete the Contract.

Surety - shall mean the corporate body which is bound with and for the Contractor and which engages to be responsible for their payment of all debts pertaining to and for their acceptable performance of the work for which they have contracted.

Drawings - shall mean all sketches, blueprints, plans, and reproductions of drawings pertaining to the construction of the structures and appurtenances.

Specifications - shall mean the directions, provisions and requirements, contained herein, together with all written agreements made to the method and manner of performing the work or the quantities and qualities of materials to be furnished under the Contract.

Extra work - shall mean any work required by the Owner, which in the judgment of the Engineer, involves changes in or additions to that work required by the Contract Documents.

Written Notice - shall mean notice which has been duly served when delivered to or at last known business address of the person, firm or corporation for whom intended or when enclosed in a prepaid postage wrapper or envelope addressed to such person, firm, or corporation at the last known busi-ness address and deposited in a United States mail box. All notices sent by mail shall be certified, and the time of receipt shall be used for the determination of any waiting period for action to be taken as called for in the Contract Documents.

ART. 2 INTENT OF CONTRACT DOCUMENTS

The Contract Documents are complementary, and what is required or called for by any one of them shall be as binding as if mentioned by all. The intention of the documents is to include all labor and materials, equipment and transportation necessary for the proper execution of the work in a good and workmanlike manner. In the performance of the work, the Contractor shall also bear all costs of insurance; obtain and pay for any necessary permits; royalties; conform to all federal, state, county,

- 16 -and municipal legislation pertinent to this project; and protect the work during construction. The Contractor shall also provide to the Owner any and all equipment warranties which are standard and transferable.

ART. 3 ORDER OF COMPLETION

The Contractor shall submit a schedule which will show the order in which the proposed work will be performed and the dates when each part will be started and completed. The order of work shall be approved by the Engineer.

ART. 4 OWNERSHIP OF DRAWINGS

All furnished Drawings, with the exception of the Contract set, are the property of the Engineer, and shall be returned to them at the completion of work.

ART. 5 CONTRACTOR'S UNDERSTANDING

It is understood and agreed that the Contractor has satisfied themself as to the nature and location of the work; the character, quality and quantity of the necessary material; the character of equipment and facilities needed to perform the work; the general and local surface and subsurface conditions; all federal, state, county and municipal ordinances which may affect the work to be performed under this Contract.

ART. 6 CONTRACTOR'S RESPONSIBILITY

The Contractor shall be responsible for all parts of the work, temporary and permanent, until the project is accepted by the Owner. The Contractor shall also bear all losses resulting from any unfore-seen difficulties which may be encountered; or delays of work resulting from the breaking, leaking or relocation of any underground utilities; or from delays required for any related or adjoining contract and shall save the Owner harmless from all claims of any kind arising from the performance of this Contract.

The Contractor shall be responsible for any and all damage caused by or due to flooding during con-struction, which damages either personal and/or real property, and it will be their responsibility to take adequate steps during the course of construction to prevent such damage.

The Contractor is solely responsible for compliance with all applicable safety regulations regarding safety and confined space entry including, but not limited to, those of the Occupational Safety and Health Administration (OSHA), National Safety Council, State of New Jersey, Department of Labor and Industry, etc.

The Contractor shall comply with the changed conditions contract provisions set forth in N.J.S.A.40A:11-16.7, which are incorporated herein by reference.

ART. 7 OWNER'S RESPONSIBILITY

The Owner shall be responsible for the ownership of lands, easements, or slope rights upon which the proposed work is to constructed. The Owner shall not be responsible for lands used for storage of the Contractor's equipment. If the Contractor desires temporary use of other land during construc-tion, he will secure written permission from the owner and shall file a duplicate copy of such permission with the Owner.

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ART. 8 SUBCONTRACTORS

The Contractor, prior to engaging any subcontractor, shall furnish the Engineer, in writing, with the name and address of the subcontractor; and the nature and extent of the work to be performed. A list of five completed similar projects by the subcontractor and the name, address and phone number of the Engineer in-charge shall also be furnished. The Contractor shall not award any subcontract until the proposed subcontractor has been approved by the Engineer and evidence has been pre-sented to the Owner that the employees of the subcontractor are protected by compensation insur-ance. The Contractor shall require the Subcontractors to comply with any and all rules, regulations, laws, statutes and contract requirements set forth herein that apply to the Contractor.

The Contractor agrees that they are fully responsible to the Owner for acts or omissions of their sub-contractor and of persons either directly or indirectly employed by them.

The Owner reserves the right to require the Contractor to construct, with their own employees, not less than forty percent of the total value of the Contract; such percentage to be calculated on the basis of the original bid proposal.

Nothing contained in the Contract Documents, shall create any contractual relation between any sub-contractor and the Owner.

ART. 9 SUPERINTENDENTS

The Contractor shall keep on the work site at all times during its progress, a competent superinten-dent who shall be satisfactory to the Engineer. The superintendent shall not be changed except with the consent of the Engineer, unless the superintendent ceases to be in the Contractor's employ. The superintendent shall represent and have full authority to act for the Contractor. Any directions so given shall be confirmed in writing by the Engineer upon written request of the Contractor.

The Contractor shall also furnish to the Owner the telephone numbers of their superintendent and assistants for any emergency arising outside the normal work day schedule as a result of the Contract.

If such an emergency does arise, and the Owner cannot contact the Contractor or their agents, or the Contractor or their agent does not arrive on the job site within two hours of such notification, the Owner reserves the right to correct the situation. Any costs incurred by the Owner shall be reported, in writing, to the Contractor for immediate payment. No additional estimates for work under this Contract shall be paid to the Contractor until the Owner is in receipt of payment for such emergency work.

ART. 10 PROTECTION OF WORK AND PROPERTY

The Contractor shall continuously maintain adequate protection of all their work, the Owner's prop-erty and operations, existing utility facilities, and adjacent property from injury or loss arising in con-nection with this Contract. They shall be responsible for such damage, loss or injury except if caused by agents or employees of the Owner.

In the event of emergency affecting the safety of life or of the work or of adjoining property, the Contractor shall act to prevent such threatened loss of property without authorization by the Owner, and they shall act, without appeal, if instructed by the Owner. Any compensation due to the Contrac-tor by reason of such action shall be determined by agreement prior to the submittal of the next monthly estimate.

In the event of a discharge of sewage to surface or ground, the Contractor shall be responsible for following all applicable Federal, State and local rules and regulations relative to reporting and clean-up operations.

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The Contractor shall provide clear video tapes taken before and after construction of those areas where contemplated construction activities are in close proximity to the private and other properties within the easements duly existing or obtained.

The cost of taking, developing and furnishing copies of these video tapes shall be borne by the Con-tractor.

The before construction video tapes must be submitted to the Engineer for their review prior to com-mencement of the actual construction work.

ART. 11 INSPECTION OF WORK

The Owner shall have the right to inspect all materials and work performed during any phase of con-struction and the Contractor shall provide all reasonable facilities for the safe and convenient means of such inspection. The Contractor shall notify the Engineer of any work requiring inspection 72 hours prior to commencing work. Unless otherwise authorized, work shall be done only in the presence of the Engineer or an authorized representative. Any work done without proper inspection will be sub-ject to rejections and not approved for payment. Inspection of the work shall not relieve the Contrac-tor of the obligation to fulfill all conditions of the Contract.

No work shall be closed or covered until it has been duly inspected and approved. Should un-ap-proved work be covered, the Contractor shall, if requested by the Engineer, uncover all work for in-spection. The cost of uncovering the work and replacement shall be borne by the Contractor.

The cost of inspection shall be borne by the Owner during the normal work week. The wages and overhead for inspection services on Saturdays, Sundays, legal holidays, or on week days outside the hours of 8:00 A.M. to 4:30 P.M. inclusive shall be borne by the Contractor.

ART. 12 CHANGES IN THE WORK

The Owner may order extra work or make changes by altering, adding or deducting from the work without invalidating the Contract. All such work shall be executed under the conditions of the original Contract except that any claim for extension of time caused thereby shall be adjusted at the time of ordering such change.

In giving instructions, no extra work or change shall be made unless said order is written, except in an emergency endangering life and property. (See ART. 10) Prior to the execution of any written change order the value of such extra work shall be determined in writing in one of the following ways.

(A) By estimate or acceptance in a lump sum.

(B) By unit prices named in the Contract or subsequently agreed upon.

(C) By cost and percentage or by cost and a fixed fee.

It is understood that the Owner reserves the right to have any extra work done by any person, per-sons, or corporation other than the Contractor if an agreement upon the prices to be paid for such extra work cannot be promptly reached between the Owner and the Contractor. The Contractor agrees to make no claim for damages or for any privileges or rights other than that provided in the Contract by reason of such work by others.

Any extra work done by the Contractor shall be included in the monthly estimates.

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ART. 13 TIME OF…