SPECIFICATIONS

JORDANTOWN PARK ENHANCEMENT AND CONNECTIVITY INITIATIVE

STOCKTON PARK SITE IMPROVEMENTS

Prepared for:

TOWNSHIP OF PENNSAUKEN

CAMDEN COUNTY, NEW JERSEY

Prepared by:

815 East Gate Drive, Suite 103 Mount Laurel, New Jersey 08054 tel. (856) 235-7170 mail@erinj.com

Joseph R. Hirsh, PE, CME NJ Professional Engineer No. 24GE04642200

June 2, 2026 33001 01

Joe Hirsh Hirsh signature

TABLE OF CONTENTS

INDEX PAGE

(rev6/22) i

NTB-1 Notice to Bid

Division 1, General Conditions Section 1, General Information 1-1.1 to 1-1.5 Section 2, Information to Bidders 1-2.1 to 1-2.7 Section 3, Award of Contract 1-3.1 to 1-3.2 Section 4, Bonds & Insurance 1-4.1 to 1-4.3 Section 5, Contractor's Responsibility 1-5.1 to 1-5.14 Section 6, Owner's Responsibility 1-6.1 to 1-6.2 Section 7, Engineer's Status During Construction 1-7.1 to 1-7.4 Section 8, Scheduling, Procedure and Progress 1-8.1 to 1-8.3 Section 9, Suspension of Work; Annulment and Default of

Contract; Liquidated Damages 1-9.1 to 1-9.4 Section 10, Warranty and Guarantee; Tests and Inspections 1-10.1 to 1-10.2 Section 11, Modifications to Contract 1-11.1 to 1-11.6 Section 12, Measurement, Payment and Completion 1-12.1 to 1-12.4 Section 13, Laws, Ordinances and Regulations 1-13.1 to 1-13.6 Section 14, Wage Rate Determination 1-14.1 to

State Wage Rates County Wage Rates

Division 2, Earthwork Section 1, Clearing Site 2-1.1 Section 2, Soil Erosion Control 2-2.1 to 2-2.2 Section 3, On-Site Excavation 2-3.1 to 2-3.2 Section 4, Borrow Excavation 2-4.1 to 2-4.2 Section 5, Compaction 2-5.1 to 2-5.2 Section 7, Subsurface Structure Excavation 2-7.1 to 2-7.3 Section 10, Dewatering 2-10.1

Division 3, Pavements Section 2, Dense Graded Aggregate 3-2.1 to 3-2.2 Section 10, Traffic Striping and Markings 3-10.1 to 3-10.2 Section 12, Porous Asphalt 3-12.1 to 3-12.2

Division 4, Masonry Structures Section 1, Concrete Structures 4-1.1 to 4-1.4 Section 2, Concrete Curb 4-2.1 to 4-2.3 Section 4, Concrete Sidewalk and Concrete Aprons 4-4.1 to 4-4.3 Section 6, Handicapped Ramps 4-6.1

Division 5, Utility Improvements Section 1, Manholes, Inlets and Catch Basin 5-1.1 to 5-1.3 Section 2, Underdrains and Combination Drains 5-2.1 to 5-2.2 Section 3, Storm Drains 5-3.1 to 5-3.4 ii

Division 6, Site Improvements Section 1, Audio/Visual Documentation Survey 6-1.1 to 6-1.3 Section 2, Signs 6-2.1 to 6-2.2

Division 7, Landscaping Section 1, Topsoil and Seed 7-1.1 to 7-1.9

Division 8 , Supplemental Specifications Section 1, Special Conditions 8-1.1 to 8-1.5 Section 2, Proposal Items 8-2.1 to 8-2.9

Items to be submitted by all bidders

Form of Proposal FP-1 to FP-3 Bid Document Submission Checklist BD-1 to BD-2 Bid Guarantee BB-1 Ownership Disclosure Form OD-1 to OD-2 List of Subcontractors LS-1 Proof of Licensure, if applicable POL-1 Acknowledgement of Receipt of Changes to Bid Documents Form CBD-1 Plant, Equipment and Experience Statement PE-1 to PE-4 Non-Collusion Affidavit of Prime Bidder NCA-1 Americans with Disabilities Act Equal Employment Opportunity Notice ADA-1 Mandatory Equal Employment Opportunity – Exhibit B EXB-1 to EXB-4

Items to be submitted by successful bidder

Disclosure of Investment Activities in Iran IR-1 Certificate of Non-Involvement in Prohibited Activities in Russia or Belarus RR-1 Dept. of Labor Contractor Registration, Contractor and Subcontractor(s) CR-1 NJ Dept. Revenue Business Registration, Contractor and Subcontractor(s) BR-1 Certification of Non-Debarment for Federal Government Projects CND-1 to CND-4 Lowest Bidder Prevailing Wage Certification LBC-1 Additionally Submitted Documentation (if applicable) ASD-1 Initial Project Workforce Report IPW-1 Certificate of Insurance COI-1 Sample Performance Bond PEB-1 Sample Payment Bond PAB-1

Items to be submitted by successful bidder, end of contract

Sample Maintenance Bond MB-1 Form of Release of Liens- Contractor RLC-1 Form of Release of Liens- Subcontractor RLS-1 Contract Close-Out Checklist CC-1 iii

Agreement A-1 to A-4

APPENDICES

Appendix A – Play Equipment Details, Specifications and Material Lists

Appendix B - Fitness Equipment Details, Specifications and Material Lists

Appendix C – Site Amenities Cut Sheets

Appendix D – Rubber Mulch Cut Sheets

ATTACHMENT

Construction Plans

NTB-1

TOWNSHIP OF PENNSAUKEN

CAMDEN COUNTY, NEW JERSEY

NOTICE TO BID

ELECTRONIC SEALED BIDS WILL BE RECEIVED BY

THE TOWNSHIP OF PENNSAUKEN FOR:

JORDANTOWN PARK ENHANCEMENT AND CONNECTIVITY INITIATIVE –

STOCKTON PARK SITE IMPROVEMENTS PROJECT

BID PACKET NO. 2026-BID-10

And will be electronically opened and posted on our website portal at https://procurement.opengov.com/portal/pennsauken on August 20, 2026, at 11:30 AM

Bid specifications and proposal forms may be obtained through our eProcurement Portal via https://procurement.opengov.com/portal/pennsauken.

Questions and Answers will close on August 7, 2026, at Noon via the eProcurement Portal only.

Bids must be submitted electronically through the eProcurement Portal prior to 11:30 a.m. on August 20, 2026.

The Township reserves the right to accept or reject any or all bids, to waive technical defects, and make the award to the bidder.

Bidders are required to comply with the requirements of N.J.S.A. 10:5-31 et. seq., N.J.S.A. 17:27 (Affirmative Action), P.L. 1963. and Americans with Disabilities Act of 1990 (42 U.S.C. 12101, et.seq.).

Please be advised that State funds through the Green Acres Program are being utilized in this project. Under N.J.A.C. 7:1D-2, vendors currently suspended, debarred, or disqualified are excluded from participation in this project.

By order of the Mayor and Township Committee of the Township of Pennsauken, Camden County, New Jersey.

Robert Dolan, MAS, QPA, CPM Purchasing Agent July 14, 2026 https://procurement.opengov.com/portal/pennsauken https://procurement.opengov.com/portal/pennsauken

(rev11/21) Page 1-1.1

DIVISION 1

GENERAL CONDITIONS

SECTION 1

GENERAL INFORMATION

1.1.1 STRUCTURE

The Bid Documents are structured to provide technical information to bidders as follows:

Division 1 provides general contractual information.

Divisions 2 through 15, with the exception of Sections 8 and/or 16 if present, provide standard technical information, as applicable, for construction which information shall govern unless modified or superseded by the Supplementary Specifications, Division 8 and/or 16.

1.1.2 HEADINGS OF ARTICLES

The headings of the articles are intended for convenience of reference only and shall have no bearing on their interpretation.

1.1.3 NUMBERING OF ARTICLES

The articles herein are numbered in three parts. The first part denotes the division number in which the article is found, the second part the section number of the division, and the third part the article number of the section.

1.1.4 DEFINITIONS

Whenever in this Contract the following terms and abbreviations or pronouns in place of them are used, their intent and meaning shall be interpreted as follows:

ABBREVIATIONS:

AASHTO American Association of State Highway and Transportation Officials ANSI American National Standards Institute ASTM American Society for Testing and Materials AWWA American Water Works Association BOCA Building Officials and Code Administrators International, Inc.

FIA Factory Insurance Association, IAEI, International Association of Electrical Inspectors IAEI International Association of Electrical Inspectors IEEE Institute of Electrical and Electronic Engineers IES Illuminating Engineering Society NBS National Bureau of Standards NECA National Electrical Contractors Association NEC National Electrical Code NFPA National Fire Protection Association NEMA National Electrical Manufacturers Association NJDOT New Jersey Department of Transportation

(rev11/21) Page 1-1.2

NSC National Safety Council SSPC Steel Structures Painting Council UL Underwriters Laboratories, Inc.

ADDENDA, Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the bidding documents or the Contract Documents.

AGREEMENT, the written agreement between the OWNER and the CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein.

BIDDER, an individual, firm, partnership or corporation, acting directly or through a duly authorized representative, legally submitting a Bid.

BID PROPOSAL QUANTITY, the quantity indicated in the bid proposal less the quantities designated in the project plans as "If and Where Directed".

BONDS, Bid, performance and payment bonds and other instruments of security.

CHANGE ORDER, a written order to the CONTRACTOR signed by the OWNER authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after the Effective Date of the Agreement.

CONTRACT OR CONTRACT DOCUMENTS, the Agreement, Addenda (which pertain to the Contract Documents), the CONTRACTOR'S Bid (including documentation accompanying the Bid and any documentation required to be submitted prior to the Effective Date of the Contract) when attached as an exhibit to the Agreement, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications, the Drawings as the same are more specifically identified in the Agreement, together with all Modifications issued after the execution of the Agreement.

CONTRACT PRICE, the moneys payable by the OWNER to the CONTRACTOR under the Contract Documents as stated in the Agreement.

CONTRACT TIME, or Time for Completion, the number of days or the date stated in the Agreement for the completion of the Work.

CONTRACTOR, the party of the second part to the Contract, acting directly or through agents or employees, who is primarily liable for the acceptable performance of the Project and for the payment of all obligations pertaining to the Project.

DAY, a calendar day of twenty-four hours measured from Midnight to Midnight.

DEFECTIVE, an adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents or does not meet the requirements of any inspection, test or approval referred to in the Contract Documents, or has been damaged prior to the ENGINEER'S recommendations of final payment.

DIFFERING SITE CONDITIONS, the physical conditions at the contract work site that are subsurface or otherwise concealed and which differ materially from those indicated in the contract documents or are of such an unusual nature that the conditions differ materially from those ordinarily encountered and generally recognized as inherent in the work of the character provided for in the contract.

(rev11/21) Page 1-1.3

DRAWINGS or PLANS, the drawings which show the character, scope, and detail of the Work to be performed and which have been prepared or approved by the ENGINEER and are referred to in the Contract Documents.

EFFECTIVE DATE OF THE AGREEMENT, the date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver.

ENGINEER, the Engineer or Engineers designated by the Owner to provide engineering services in connection with the Project, or the agents, servants, and employees of such Engineer.

FIELD ORDER, a written order issued by the ENGINEER which orders minor changes in the Work in accordance with Article 1.11.7, but which does not involve a change in the Contract Price or the Contract Time.

GENERAL REQUIREMENTS or GENERAL CONDITIONS, Sections of Division 1 of the Specifications.

MATERIALS, all raw or prepared materials and manufactured or fabricated products entering into the finished Project.

MATERIAL CHANGE, a character change which increases or decreases the Contractor's cost of performing work, increases or decreases the amount of time by which the Contractor completes the work in relation to the contractually required completion date or both.

MODIFICATION, (a) a written amendment of the Contract Documents signed by both parties, (b) a Change Order, or (c) a Field Order. A modification may only be issued after the effective date of the Agreement.

MUNICIPALITY, the political subdivision of the State within which the work is to be performed.

NOTICE OF AWARD, the written notice by the Engineer, pursuant to the direction of the Owner, to the apparent successful Bidder stating that upon compliance by the apparent successful Bidder with the condition’s precedent enumerated therein, within the time specified, the OWNER will sign and deliver the Agreement.

NOTICE TO PROCEED, a written notice given by the Engineer, to the CONTRACTOR fixing the date on which the Contract Time will commence to run and on which the CONTRACTOR shall start to perform his obligation under the Contract Documents.

OWNER, the party of the first part to the Contract, acting directly or through agents or employees and is responsible for payment to the Contractor upon acceptable completion of the Work in accordance with the terms and conditions contained in the Contract Documents.

PROJECT, the total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents.

PROPOSAL DOCUMENTS or BID DOCUMENTS, all documents as set forth in Division 1, Section 2, Information For Bidders and the Supplemental Specifications, as required by the Owner to fully evaluate the Bid and qualifications of the Bidder, which shall include but not be limited to the

(rev11/21) Page 1-1.4 following in the proper, prescribed form: Bid, Bid Guarantee, Consent of Surety and Plant, Equipment and Experience Statement.

RESIDENT PROJECT REPRESENTATIVE, the authorized representative of ENGINEER who is assigned to the site or any part thereof.

SHOP DRAWINGS, all drawings, diagrams, illustrations, schedules and other data which are specifically prepared by the CONTRACTOR, a Subcontractor, manufacturer, fabricator, supplier or distributor to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a manufacturer, fabricator, supplier or distributor and submitted by the CONTRACTOR to illustrate material or equipment for some portion of the Work.

SPECIFICATIONS, those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto.

STANDARD SPECIFICATIONS, sections of all Divisions which have been incorporated into this Contract excluding General Conditions and Supplementary Specifications, including any Modifications or Addenda associated thereto.

SUCCESSFUL BIDDER, the lowest, qualified, responsible Bidder to whom the Owner, based on his evaluation of the Bids, makes award of the Contract.

SUBCONTRACTOR, an individual, firm or corporation having a direct contract with the CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site.

SURETY, the corporate body which is bound with and for the CONTRACTOR, and contracts responsibilities for the CONTRACTOR'S acceptable performance of the Project and for payment of all obligations pertaining to the Project.

WORK, the entire completed construction, or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents.

1.1.5 "OR EQUAL" CLAUSE

Whenever a material or product is specified or designated on the Plans by using the name of a proprietary product or the name of a particular manufacturer or vendor, any material or product which will perform satisfactorily the duties imposed by the general design will be considered equal, provided that the proposed alternate material or product is of equal quality, substance, function and suitability, in the opinion of the Engineer. No alternate material or product shall be installed or used without the prior approval of the Engineer. Article 1.5.4 of these General Conditions, as may be modified in the Supplementary Specifications, sets forth procedures by which applications may be submitted for substitute products or materials.

1.1.6 GIVING NOTICE

(rev11/21) Page 1-1.5

Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice, or sent by facsimile with confirmation.

1.1.7 SPECIFICATIONS INCORPORATED BY REFERENCE

Whenever, in these Specifications, other specifications or standards are referred to as criteria for materials to be used or work to be performed, the cited portions of such other specifications or standards shall be deemed to be incorporated herein in their entirety, and they shall have the same force and effect as if they were reproduced herein, in full. The Contractor's lack of knowledge of any part of such other Specifications or standards shall in no way relieve him of his obligation to conform to all the requirements thereof.

(rev4/22) Page 1-2.1

GENERAL CONDITIONS

SECTION 2

INFORMATION FOR BIDDERS

1.2.1 INVITATION TO BID

In accordance with the Official Advertisement, Proposals will be received for the performance of the Project, the designation of which is stated in the Official Advertisement, which shall be that which has published in the Official Publication of the Owner. The Official Advertisement for bids will appear in newspapers not less than ten (10) working days before the bid opening. Any notices of revisions or addenda to the Official Advertisement or bid documents will be outlined in accordance with N.J.S.A.

40A:11-23. The Owner and the Engineer assume no responsibility for any errors or omissions of a reproduction of the Official Advertisement produced by a third party. Proposals are requested on the items stated in the Form for Proposal for the Project. The prices bid shall cover all costs of any nature, incident to and growing out of the work.

1.2.2 COPIES OF PROPOSAL DOCUMENTS

Complete sets of the Proposal Documents in the number and for the price if any, stated in the Advertisement or Invitation may be obtained from the issuing office designated in the Advertisement. The Owner and the Engineer assume no responsibility for any errors or omissions of a reproduction of the Official Proposal documentation produced by a third party.

Complete sets of Bidding Documents shall be used in preparing Proposals; neither the Owner nor the Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Proposal Documents.

The Owner and the Engineer in making copies of Proposal Documents available on the above terms do so only for the purpose of obtaining Proposals on the Work and do not confer a license or grant for any other use.

1.2.3 QUALIFICATIONS OF BIDDERS

To enable the Owner to judge the fitness and ability of the Bidder to perform the Work, each Bidder must submit a Plant, Equipment and Experience Statement on the form provided, together with his Proposal. Such statement shall demonstrate (1) the Bidder's previous experience and ability to perform similar type work, (2) adequate manpower and equipment available to complete the Work within the time specified in the Supplementary Specifications, (3) the Bidder's current financial ability to undertake the Work, and (4) the Bidder's qualifications and authority to do business within the State and local jurisdiction where the Project is located. Where a Bidder lacks the legal authority to do business within the State or local jurisdiction where the Project is located, he shall provide a Notarized Affidavit whereby he covenants to obtain such authority prior to award of the Contract.

1.2.4 OWNERSHIP DISCLOSURE

Each bidder must complete, sign, seal and submit with his bid the Ownership Disclosure form, in accordance with N.J.S.A. 52:25-24.2. Failure to do so will automatically result in rejection of the bid.

(rev4/22) Page 1-2.2

1.2.5 EXAMINATION OF CONTRACT DOCUMENTS AND SITE

Before submitting a Proposal, each Bidder must (a) examine the Proposal Documents thoroughly,

(b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) make his own surface and subsurface investigations and ascertain for himself all the facts concerning physical conditions above and below the surface of the ground at the site of the Project, (d) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work; and (e) study and carefully correlate his own observations with the Proposal Documents.

Reference is made to the Supplementary Specifications for the identification of those reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which have been relied upon by the Engineer in preparing the Drawings and Specifications. The Owner will make copies of such reports available to any Bidder requesting them. These reports are not guaranteed as to accuracy or completeness, nor are they part of the Contract Documents. Before submitting his Proposal each Bidder will, at his own expense, make such additional investigations and tests as the Bidder may deem necessary to determine his Proposal for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

On request the Owner will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his Proposal.

The lands upon which the Work is to be performed, rights-of-way for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Supplementary Specifications, or Drawings.

The submission of a Proposal will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this Article and that the Proposal Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work.

1.2.6 INTERPRETATIONS

On the Drawings, figured dimensions shall govern in case of discrepancy between scaled and figured dimensions. If any discrepancy be found between the Drawings and the Specifications, the decision of the Engineer shall govern. Within the Specifications, the order of precedence shall be first, Supplementary Specifications, and then Standard Specifications. The Engineer shall have the right to correct apparent errors or omissions in the Drawings and Specifications and to make such interpretations as he deems necessary for the proper fulfillment of the intent of the Drawings and Specifications. Prospective bidders shall have the right to request interpretations in accordance with Section 1.2.20.

Notice of revisions or addenda to advertisements or bid documents relating to bids shall be provided no later than seven (7) days, Saturdays, Sundays and holidays excepted, prior to the date for acceptance of bids, to any person who has submitted a bid or received a bid package in the following ways:

i) in writing by certified mail or ii) by certified facsimile transmission, meaning that the sender’s facsimile machine produces a receipt showing date and time of transmission and that the transmission was successful or iii) by a delivery service that provides certification of delivery to the sender. Only questions answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

(rev4/22) Page 1-2.3

1.2.7 PROPOSAL SECURITY

Each Bidder shall submit with his Proposal a guarantee payable to the Owner, that if the Contract is awarded, he will execute the Agreement and will furnish any performance bonds or other security required as a guarantee or indemnification.

The Proposal Security shall be in the form of a certified check, cashier's check or a Bid Bond issued by a Surety meeting the requirements of Article 1.4.2 of these General Conditions. The total amount of the Proposal Security shall be not less than 10% of the Total Price Bid, but not in excess of $20,000.00. Cash or negotiable securities will not be accepted.

The Proposal Security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required Contract Security, whereupon it will be returned; if the successful Bidder fails to execute and deliver the Agreement and furnish the required Contract Security within ten

(10) days of the Notice of Award, the Owner may annul the Notice of Award and the Proposal Security of that Bidder will be forfeited. All bid security, except the security of the three apparent lowest responsible bidders, shall be returned unless otherwise requested by bidder, within ten (10) days after the opening of the bids, Sundays and holidays excepted, and the bids of such bidders shall be considered 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.

1.2.8 CONSENT OF SURETY

Each Bidder shall submit, along with his Proposal, a "Consent of Surety" issued by a Surety meeting the requirements of Article 1.4.2 of these General Conditions. Such "Consent of Surety" shall certify that if the Contract is awarded to the stated Bidder, the surety company will provide a performance and payment bond as required in Article 1.4.1 of these General Conditions in a sum not less than the Total Price Bid for the Project. The Surety Company shall be listed on the Department of the Treasury's Listing of Approved Sureties (Dept. Circular 570).

1.2.9 COLLUSIVE AGREEMENTS

Each Bidder shall execute and submit with his Bid a Non-Collusion Affidavit in the form provided herein to the affect that he has not in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person (1) to submit a collusion or sham Bid in connection with the Contract; (2) to refrain from bidding on this Contract; (3) to fix the price or prices of the Bid or any portion thereof including overhead, profit and other cost elements; or (4) to secure any advantage against the Owner or any other person interested in the proposed Contract. This form is provided at Page NCA-1.

1.2.10 INTERESTS OF CERTAIN PERSONS PROHIBITED

No official, agent, employee, or representative of the Owner who exercises any function or responsibilities in connection with the Project to which the Contract pertains shall have any direct or indirect interest in this Contract or the proceeds thereof.

The Contractor shall include or cause to be included in all subcontracts and lower tier subcontracts under this Contract clauses the provisions of the foregoing paragraphs under this Article.

(rev4/22) Page 1-2.4

1.2.11 CONTRACT TIME

The time allowed for commencement and completion of all work to be performed under the Contract is set forth in the Supplementary Specifications and will be included in the Agreement. Unless otherwise specified in the Supplementary Specifications, the Contract Time shall start on the tenth day after the effective date of the contract and run for the number of calendar days specified for completion of all work.

1.2.12 SUBSTITUTE MATERIAL AND EQUIPMENT

The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by the Contractor, application for review of such substitute material or equipment will not be considered by the Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by the Contractor and consideration by the Engineer is set forth in Article 1.5.4 of these General Conditions which may be supplemented in the Supplementary Specifications.

1.2.13 FORM FOR PROPOSAL

The Form for Proposal is attached hereto; additional copies may be obtained from the Engineer.

The Form of Proposal must be completed in ink or by typewriter. If completed in ink, all items must be printed clearly and legibly. The Bidder shall state in his Proposal the price per unit of measure, or the lump sum price, for each scheduled item of work, for which he will agree to carry out the work, as well as the Total Price Bid for the performance of the Project as determined by multiplying each estimated quantity by the price per unit of measure bid therefore, and adding, together with any lump sum prices, the resulting amounts.

No alternate bids will be considered unless alternate bids are specifically requested in the Supplementary Specifications and provided for in the Form for Proposal.

Before award is made to a Bidder who is not a resident of the State of New Jersey, such Bidder shall designate a proper agent in the State of New Jersey on whom service can be made in event of litigation.

Proposals by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.

Proposals by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature.

All names must be typed or printed below the signature.

The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which shall be filled in on the Bid Form).

(rev4/22) Page 1-2.5

The name of the individual, his address and telephone number to which communications regarding the Proposal are to be directed must be shown.

1.2.14 SUBMISSION OF BIDS

Bids shall be submitted at the time and place indicated in the Advertisement and must be enclosed in an opaque sealed envelope, marked with the Project title and name and address of the Bidder and accompanied by the Bid Security and other required documents. If the Proposal is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "PROPOSAL ENCLOSED" on the face thereof.

1.2.15 ESTIMATE OF QUANTITIES

The estimated quantities listed in the Form for Proposal are approximate; the actual quantities may be greater or less. Payment will be made only for the actual quantity of authorized Work done under each scheduled item.

1.2.16 MODIFICATION AND WITHDRAWL OF PROPOSALS PRIOR TO OPENING OF

PROPOSALS

Proposals may be modified or withdrawn by an appropriate document duly executed (in the manner that a Proposal must be executed) and delivered to the place where Proposals are to be submitted at any time prior to the opening of Proposals.

1.2.17 OPENING OF PROPOSALS

Proposals will be opened publicly and read aloud on the date and at the time and place specified in the Advertisement. Only those Proposals which have been properly completed, executed and submitted in the manner prescribed and accompanied by an acceptable Proposal Security and other required documentation will be accepted and read aloud. A Summary of Proposals will be made available within five (5) days after the opening of bids.

1.2.18 EVALUATION OF PROPOSALS

The Owner reserves the right to reject any and all Proposals, to waive any and all informalities, the right to disregard all nonconforming, nonresponsive or conditional Proposals, and to consider as unqualified any Bidder who does not habitually perform with his own forces the major portion of the work involved with the construction of the improvements embraced in this Contract.

For the purpose of comparison of Proposals received, the actual unit prices bid times the proposal quantities, correctly extended and summed shall govern. If any errors are found, the Total Price Bid will be corrected. Proposals will be compared based on corrected Total Price Bid.

In evaluating Proposals, the Owner shall consider the qualifications of the Bidders, whether or not the Proposals comply with the prescribed requirements and alternates and unit prices if requested in the Form for Proposals. It is the Owner's intent to accept Alternates (if any are accepted) in the order in which they are listed in the Proposal form. For the purpose of comparisons of Proposals, when Alternates are requested in the Supplementary Specifications and provided for in the Form of Proposal, the Total Price Bid will be adjusted prior to award of the contract to include any and all alternates selected by the Owner.

The adjusted Total Price Bid will serve as the basis for award.

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The Owner may consider the qualifications and experience of Subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for portions of the Work. When required in the Supplementary Specifications, the identity and qualifications of such Subcontractors and other persons and organizations must be submitted as set forth therein. Owner reserves the right to reject any bidder based upon the provisions of N.J.S.A. 40A:11-1, et seq., including but not limited to N.J.S.A. 40A:11-4 governing prior negative experience.

The Owner may conduct such investigations as it deems necessary to assist in the evaluation of any Proposal and to establish the responsibility, qualifications and financial ability of the bidders, proposed Subcontractors and other persons and organizations to do the Work in accordance with the contract Documents to the Owner's satisfaction within the prescribed time.

The Owner reserves the right to reject the Proposal of any Bidder who does not pass any such evaluation to the Owner's satisfaction. Prior to rejection of any Proposal based upon the responsibility evaluation, the Owner shall notify the Bidder in writing of his intent to reject their Proposal and shall describe the basis for the rejection. Before his Proposal is rejected, the Bidder is entitled to be heard by public authority. If such hearing is desired, the Bidder shall make written request to the Owner within the time specified in the notice of the Owner's intent to reject the Proposal.

1.2.19 PROPOSALS TO REMAIN OPEN

All Proposals shall remain open for sixty (60) days from the date when Proposals are opened, but Owner may, at his sole discretion, release any Proposal and return the Proposal Security prior to that date.

The bids of any bidders who consent thereto may, at the request of the contracting unit, be held for consideration for such longer period as may be agreed in accordance with N.J.S.A. 40A:11-24.

1.2.20 CHALLENGE TO SPECIFICATIONS

All challenges to bid specifications, questions and/or interpretations are to be presented within ten

(10) business days prior to the bid opening and must be in writing, email is not acceptable. Challenges to the bid specifications filed thereafter shall have no effect on bid award.

1.2.21 PUBLIC RECORD

Vendor acknowledges that this bid submittal is a public record subject to review and copying pursuant to the New Jersey Open Public Records Act, N.J.S.A. 47:1A-1, et seq.

1.2.22 WITHDRAWAL OF PROPOSAL AFTER OPENING OF PROPOSALS

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

A bidder claiming a mistake under N.J.S.A. 40A:11-23.3 must submit a request for withdrawal, in writing, by certified or registered mail to the Municipal Clerk. The bidder must request withdrawal of a bid due to a mistake, as defined by the law, within five business days after the receipt and opening of the bids. The bid withdrawal request shall be effective as of the postmark of the certified or registered mailing. The purchasing agent or designee may contact all bidders, after bids are opened, to ascertain if any bidders wish to, or already have exercised a request to withdraw their bid pursuant to N.J.S.A. 40A:11- 23.3.

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

40A:11-23.3.

The public owner will not consider any written request for a bid withdrawal for a mistake, as defined by N.J.S.A. 40A:11-2(42), by a bidder in the preparation of a bid proposal unless the postmark of the certified or registered mailing is within the five business days following the opening of bids.

1.2.23 RETURN OF BID SECURITIES, UNSUCCESSFUL BIDDERS

In accordance with N.J.S.A. 40A:11-24, bid securities, with the exception of the three lowest responsible bidders, shall be returned, unless otherwise requested by the bidder, within 10 days after the opening of 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 award 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.

1.2.24 MOBILIZATION

When Mobilization is provided for on the Form of Proposal, in accordance with N.J.S.A. 7A:14- 2.9, Mobilization, the maximum allowable charge for which the Contractor is allowed for Mobilization shall be calculated in accordance with the Chart below:

Original Contract Amount (including Mobilization) From More Than To and Including Maximum Amount for Item of

Mobilization $ 0 $ 100,000 $ 3,000 100,000 500,000 15,000 500,000 1,000,000 30,000 1,000,000 2,000,000 60,000 2,000,000 3,000,000 90,000 3,000,000 4,000,000 120,000 4,000,000 5,000,000 125,000 5,000,000 6,000,000 150,000 6,000,000 7,000,000 175,000 7,000,000 10,000,000 200,000 10,000,000 -- 2.5% of Amount Bid

1.2.25 RETURN OF DEPOSITS FOR BID DOCUMENTS

If for any reason the contract is not awarded and the bidders have paid for or paid a deposit for the plans and specifications to the contracting unit, the payment or deposit shall immediately be returned to the bidders when the plans and specifications are returned in reasonable condition within 90 days of notice that the contract has not been awarded.

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GENERAL CONDITIONS

SECTION 3

AWARD OF CONTRACT

1.3.1 AWARD OF CONTRACT

Award, if made, will be to the lowest responsible Bidder whose Bid complies in all respects with the requirements stated herein, and whose evaluation by the Owner indicates to the Owner that the award will be in his best interests and in the best interests of the Project in accordance with N.J.S.A. 40A:11-6.1.

The award shall not be binding upon the Owner until the Contract has been executed by the Owner, nor shall any work be performed on account of the proposed Contract until the Contract has been fully executed and returned to the Contractor.

1.3.2 EXECUTION AND PROCESSING OF CONTRACT DOCUMENTS

Immediately upon award of the Contract, the Bidder will be provided with six (6) copies of the Contract Documents for execution and processing. Contracts with corporations must be executed in the corporate name by the president or a vice-president (or other corporate officers accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. Contracts with partnerships must be executed in the partnership's name and signed by a partner, whose title must appear under the signature.

The executed Contract Documents must be delivered to the Owner within ten (10) working days after receipt thereof (weekends and holidays excluded) accompanied by the following documents:

• Performance and Payment Bond (refer to Article 1.4.1)

• Certificate of Insurance (refer to Article 1.4.3)

• Schedule of Work (refer to Article 1.8.2)

• Schedule of Shop Drawing Submissions as may be required in the Contract Documents

• Identification and Qualifications of the Individual responsible for overall superintendence of work.

• List of Professional Testing Laboratories to perform testing and to provide certifications of compliance with requirements of various technical specifications contained herein including the name and license numbers of the specific individuals who will be responsible for such testing and certifications.

1.3.3 FAILURE TO EXECUTE CONTRACT DOCUMENTS

The Bidder agrees that the proceeds of the Bid Security shall be retained by the Owner as liquidated damages in the event that his Bid is accepted, and he then shall fail or refuse to execute the Contract and deliver the Documents specified in Article 1.3.2 within the time specified therein, unless otherwise required in the Supplementary Specifications.

1.3.4 INTENT OF CONTRACT DOCUMENTS

The Contract Documents comprise the entire Agreement between the Owner and the Contractor concerning the Work. They may be altered only by a Modification.

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The Contract Documents are complementary; what is called for by one is as binding as if called for by all. If, during the performance of the Work, the Contractor finds a conflict, error or discrepancy in the Contract Documents, he shall report it to the Engineer in writing at once and before proceeding with the Work affected thereby; however, the Contractor shall not be liable to the Owner or the Engineer for failure to report any conflict, error or discrepancy in the Specification or Drawings unless the Contractor had actual knowledge thereof or should reasonably have known thereof.

It is the intent of the Specifications and Drawings to describe a complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work that may reasonably be inferred from the Specifications or Drawings as being required to produce the intended result shall be supplied whether or not it is specifically called for. When words which have a well-known technical or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with such meaning. Reference to standard specifications, manuals or codes of any technical society, organization, or association, or to the code of any governmental agency shall mean the latest standard specification, manual or code in effect at the time of opening of Bids, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall change the duties and responsibilities of the OWNER, CONTRACTOR, or ENGINEER, or any of their agents or employees from those set forth in the Contract Documents. Clarifications and interpretations of the Contract Documents shall be issued by the ENGINEER as provided for in Article 1.7.4.

1.3.5 REUSE OF DOCUMENTS

Neither the CONTRACTOR nor any Subcontractor, manufacturer, fabricator, supplier or distributor shall have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of the ENGINEER; and they shall not reuse any of them on extensions of the Project or any other project without written consent of the

ENGINEER.

1.3.6 SUBLETTING CONTRACT

No work of this Contract shall be sublet without the prior written consent of the Owner. Within ten (10) working days after the award of the Contract (weekends and holidays excluded) and prior to the execution of the Contract by the Owner, the Bidder to whom the Contract has been awarded shall furnish and deliver a list of all subcontractors and other persons and organizations (including those who are to furnish principal items of material and equipment) indicating therein the nature and scope of the work to be performed and/or the items of material and equipment to be supplied by such subcontractor. The Owner may request the submission of a Plant, Equipment and Experience Statement for some or all of the subcontractors listed. In that case, the Contractor shall furnish the requested Statements. The Owner reserves the right to reject any subcontractors based on their evaluation of the information contained in the Plant, Equipment and Experience Statement. However, the name or names of all subcontractors to whom the bidder will subcontract the furnishing of plumbing and gas fitting, and all kindred work, and of steam and hot water heating and ventilating apparatus, steam power plants and kindred work, and of steam and electrical work, structural steel and ornamental iron work, each of which subcontractors shall be qualified in accordance with the Local Public Contracts Law and shall be listed on the form "List of Subcontractors" page LS-1.

Consent by the Owner to the use of any particular subcontractor shall in no way relieve the Contractor of the full responsibility for the work sublet.

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GENERAL CONDITIONS

SECTION 4

BONDS AND INSURANCE

1.4.1 PERFORMANCE AND PAYMENT BOND

The Contractor shall furnish a Performance and Payment Bond in an amount at least equal to the Contract Price as security for the faithful performance and payment of all the Contractor's obligations under the Contract Documents. The obligation of the bond shall continue in full force and effect for until final payment is made to guarantee against defects in the work which in the judgment of the Owner are caused by defective or inferior materials and/or workmanship not performed in accordance with the Contract Documents. The bond shall be in the form provided in the Contract Documents and properly executed, attested and sealed by the Principal and Surety. All Bonds signed by an agent for the Surety must be accompanied by a certified copy of the authority to act and must include the address and telephone number of such agent. All performance and payment bonds shall meet the requirements of N.J.S.A.

2A:44-143.

1.4.2 SURETY

All bonds including Bid Securities, Performance and Payment Bonds, and such other Bonds as are required by the Supplementary Specifications shall be issued and executed by such Sureties as are licensed and authorized by statute to conduct business in New Jersey.

If the Surety on any Bond furnished by the Contractor is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of this Article, the Contractor shall within five days thereafter substitute another Bond and Surety, both of which shall be reviewed and approved by the Owner prior to acceptance.

1.4.3 INSURANCE

The Contractor shall furnish satisfactory proof of carriage of all such insurance required herein. All policies shall name the Owner, Engineer, and the State and its agencies, employees, and officers, and those providing property easements relative to the construction of the work as additional named insureds.

The Contractor shall purchase and maintain property insurance upon the Work at the site to the insurable value thereof. This insurance shall include the interests of the Owner, Engineer, Contractor and Subcontractors in the Work, shall insure against the perils of fire and extended coverage and shall include "all risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage, and such other perils as may be provided in the Supplementary Specifications, and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property including fees and charges of engineers, architects, attorneys and other professionals.

The Contractor shall purchase and maintain such comprehensive general liability and other insurance as will provide protection from claims set forth below which may arise out of or result from the Contractor's performance of the Work and the Contractor's other obligations under the Contract

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Documents, whether such performance is by the Contractor, by any Subcontractor, by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable.

(i) Claims under workers' or workmen's compensation, disability benefits and other similar employee benefit acts;

(ii) Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees;

(iii) Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees;

(iv) Claims for damages insured by personal injury liability coverage which are sustained (a) by any person as a result of an offense directly or indirectly related to the employment of such person by the Contractor, or (b) by any other person for any other reason;

(v) Claims for damages, because of injury to or destruction of…