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CITY OF CAPE MAY

CAPE MAY COUNTY

NEW JERSEY

FLOOD PROTECTION / CLIMATE RESILIENCY IMPROVEMENTS TO CAPE MAY SEAWALL

MADISON TO WILMINGTON AVENUE

Table of Contents

Description Page

Table of Contents................................................................................................................................................i

Notice to Bidders........................................................................................................................NTB-1 – NTB-2

Bid Proposal ...................................................................................................................................BP-1 – BP-25

Form of Contract .............................................................................................................................FC-1 - FC-24

Instructions to Bidders ....................................................................................................................IB-1 – IB-24

General Conditions.......................................................................................................................GC-1 – GC-71

Standard Specifications .................................................................................................................................S-1

Special Provisions...........................................................................................................................SP-1 – SP-55

Wage Rates..........................................................................................................................................W-1 – W-2

Contract Provisions for Non-Federal Entity Contract Under Federal Awards ......................FCP1 – FCP23

CITY OF CAPE MAY, COUNTY OF CAPE MAY, STATE OF NEW JERSEY

PUBLIC NOTICE IS HEREBY GIVEN that on November 24, 2026, at 1:00PM (prevailing time) sealed bids will be publicly opened and read aloud at Cape May City Hall, 643 Washington

St, Cape May, NJ 08204 by the City of Cape May for the FLOOD PROTECTION /

CLIMATE RESILIENCY IMPROVEMENTS TO CAPE MAY SEAWALL MADISON TO

WILMINGTON AVENUE project in the City of Cape May, Cape May County, New Jersey.

Copies of the bid forms, contracts and specifications may be obtained on-line only at the following link: www.bidnetdirect.com//capemaycity

All bids must be submitted in sealed envelopes at Cape May City Hall, 643 Washington St, Cape

May, NJ 08204 prior to the date and time established for receipt of bids. Bids received after the designated time will not be accepted. Please provide an electronic copy of the full bid submission on a flash drive in the sealed hardcopy submission at the time for receipt of bids.

Prebid Meeting: There will be a non-mandatory pre-bid site meeting on November 9, 2026 at 10:00 AM at Cape May City Hall, 643 Washington St, Cape May, NJ 08204. All comments and questions must be received by noon on November 11, 2026. This meeting is not a prerequisite to bidding but is to aid all contractors to understand the project.

The City of Cape May reserves the right to consider the bids for sixty (60) days after receipt thereof. The City further reserves the right to reject bids in accordance with N.J.S.A. 40A:11-13.2, N.J.S.A. 40A:11-23.2, and all other applicable provisions of the Local Public Contracts Law.

Bids must be on the bid form prepared by Colliers Engineering & Design, in the manner designated therein and required by the specifications.

Bid proposals must be accompanied by a certified check, cashier�s check or bid bond duly executed by the bidder as principal and having as surety thereon a surety company approved by the City of

Cape May in an amount not less than five percent (5%) of the amount bid. Any such bid bond shall be without endorsement or conditions. Bid shall also be accompanied by a certificate letter from a surety company stating that it will provide the bidder with the completion bond. The original bid guarantee shall accompany the bid at the time of submission.

The award of the contract shall be made subject to the necessary moneys to do the work being provided by the City of Cape May in a lawful manner. The contract to be executed by the successful bidder will provide that it shall not become effective until the necessary moneys to do the work have been provided by the City of Cape May in a lawful manner. The award shall further be subjected to the securing of necessary State, Federal or Local permits governing the work.

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

(Affirmative Action), N.J.S.A. 34:11-56.25 et seq.(New Jersey Prevailing Wage Act), and

Americans with Disabilities Act of 1990 (42 U.S.C. S12101, et seq.).

The contractor is further notified that he must comply with N.J.S.A. 52:25-24.2, and submit a

Disclosure Statement listing stockholders with his bid.

The contractor is further notified that he must comply with N.J.S.A. 34:11-56.48 et seq. Public

Works Contractor Registration Act and he and any subcontractors must be registered in accordance with the act.

The contractor is also further notified that he must comply with N.J.S.A. 52:32-44. The successful bidder shall submit proof of business registration for itself and any named subcontractors prior to contract award.

This procurement has been advertised in accordance with the �Fair and Open Basis� (N.J.S.A.

19:44A-20.5)

This procurement has been posted to the City of Cape May�s bidnet website on: October 2, 2026"

By Order of the City of Cape May

Erin C. Burke, City Clerk

Date posted to the City website: October 2, 2026

Bid Documents

BP-1 | BP-26

Applicable to Bid if marked “X” DOCUMENTATION REQUIRED OR REVIEWED

Initials

When Due if not submitted with Bid

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

POA for full amount of Bid Bond)

With Bid

Submission

X Consent of Surety (Certificate from Surety company) With Bid

Submission

X Performance Bond and Labor and Material Payment Bond

(Required from the Awarded Contractor)

At signing of contract

X

Maintenance Bond in the Amount of 15 % for a period indicated in “General Conditions” Required from the Awarded

Contractor Upon Acceptance of Project

Upon

Acceptance of

Project

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

With Bid

Submission

X Ownership Disclosure Form With Bid

Submission

X Named Subcontractors in Bid for Listed Specialty Trades With Bid

Submission

X

Public Works Contractor Registration Certificate(s) for the

Bidder and all Sub Contractors

Prior to Award, but effective at time of bid

X Business Registration Certificate – Bidder and all Sub

Contractors

Prior to

Contract

Award

X Non-Collusion Affidavit With Bid

Submission

X Experience and Background Questionnaire With Bid

Submission

X Insurance and Indemnification Certificate

Prior to

Contract

Award

Disclosure of Investment Activities in Iran Form

Prior to

Contract

Award

BP-2 | BP-26

Certification of non-involvement in Prohibited Activities in

Russia or Belarus

Prior to

Contract

Award

X Prevailing wage greater than 10% certification

Prior to

Contract

Award

X Federal debarment Form

Prior to

Contract

Award

X EEO/AA Form AA-201

After Notice of

Award, Prior to

Signing

Contract

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

Certificate of Employee Information Report

After Notice of

Award, Prior to

Signing

Contract

X Bidder’s Checklist With Bid

Submission

X Davis Bacon Wage Determinations Advisory

This checklist is provided for bidder’s use in assuring compliance with required documentation;

however, it does not include all specifications requirements and does not relieve the bidder of the need to read and comply with the specifications.

Bidder Name: Date:

Authorized

Representative:

Signature:

Print Name &

Title:

BP-3 | BP-26

Bid Proposal

BY:

(Bidder’s Name)

(Bidder’s Address)

To The:

MAYOR AND COUNCIL

(Owner’s Name)

City of Cape May, Cape May County, New Jersey

For:

Flood Protection / Climate Resiliency Improvements to Cape May Seawall

Madison to Wilmington Avenue

The UNDERSIGNED, as bidder, declares that the only persons or parties interested in this proposal as principals are named herein; that this proposal is in all respects complete, truthful, fair, and without collusion or fraud; that no officer or employee of the OWNER is directly or indirectly interested in this bid or the work of this contract or in any portions of the profits thereof; that he has carefully examined the annexed proposed Form(s) of Contract(s) and Instructions to Bidders, the

Notice to Bidders, the Special Provisions, and the General Conditions; and that he proposes and agrees that if this proposal is accepted, he will contract with the OWNER, in the form of contract hereto annexed, and to provide the necessary machinery, tools, apparatus, and other means of construction and to furnish all the materials, equipment, and labor as specified in the contract in the manner and time therein specified, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefore the following prices to wit:

NOTE: Complete and submit the loose, unbound copy of this Bid Proposal only.

BP-4 | BP-26

PROPOSAL FOR

CAPE MAY SEAWALL EXTENSION: MADISON TO WILMINGTON

CITY OF CAPE MAY

CAPE MAY COUNTY, NEW JERSEY

THE UNDERSIGNED DECLARES THAT THEY HAVE READ AND UNDERSTAND THE PLANS AND SPECIFICATIONS AND PROPOSES TO FURNISH ALL LABOR, MATERIALS, AND EQUIPMENT NECESSARY TO COMPLETE IN EVERY DETAIL THE

WORK INDICATED ON THE PLANS AND/OR OUTLINED IN THE SPECIFICATIONS, AT THE PRICE QUOTED HEREIN.

BASE BID

PAY

ITEM

NO.

DESCRIPTION UNIT

BASE

BID

QTY

UNIT PRICE

(IN NUMBERS)

UNIT PRICE (IN WORDS)

TOTAL PRICE (IN

NUMBERS)

1 MOBILIZATION LS 1

GENERAL WORK/BONDS,

SURVEY, ETC.

LS 1

MAINTENANCE AND

PROTECTION OF TRAFFIC &

TRAFFIC CONTROL

LS 1

4 NO ITEM

5 SECURITY FENCE LS 1

6 SOIL EROSION CONTROL LS 1

7 CLEARING SITE LS 1

EXISTING SEAWALL STONE

RESETTING (IF/WHERE)

TN 2500

9 NO ITEM

10 NO ITEM

11 NO ITEM

12 ASPHALT PRICE ADJUSTMENT DOLL 10000 $1.00 One Dollar

10,000.00

13 FUEL PRICE ADJUSTMENT DOLL 25000 $1.00 One Dollar

25,000.00

DENSE GRADED AGGREGATE

(IF/WHERE)

CY 500

15 SELECT FILL (IF/WHERE) CY 500

16 NO ITEM

17 HMA MILLING, 3" OR LESS SY 26850

HMA 12.5M64 SURFACE

COURSE

TN 3500

HMA 25M64 BASE COURSE

(IF/WHERE)

TN 50

20 HMA PAVEMENT REPAIR SY 2506

BP-5 | BP-26

CAPE MAY SEAWALL EXTENSION: MADISON TO WILMINGTON

CITY OF CAPE MAY

CAPE MAY COUNTY, NEW JERSEY

THE UNDERSIGNED DECLARES THAT THEY HAVE READ AND UNDERSTAND THE PLANS AND SPECIFICATIONS AND PROPOSES TO FURNISH ALL LABOR, MATERIALS, AND EQUIPMENT NECESSARY TO COMPLETE IN EVERY DETAIL THE

WORK INDICATED ON THE PLANS AND/OR OUTLINED IN THE SPECIFICATIONS, AT THE PRICE QUOTED HEREIN.

BASE BID

PAY

ITEM

NO.

DESCRIPTION UNIT

BASE

BID

QTY

UNIT PRICE

(IN NUMBERS)

UNIT PRICE (IN WORDS)

TOTAL PRICE (IN

NUMBERS)

21 HMA PROMENADE SY 360

22 TACK COAT GAL 2776

POLYMERIZED JOINT

ADHESIVE

LF 15000

24 PAVEMENT STRIPING LF 42128

THERMOPLASTIC MARKINGS,

WHITE

SF 3910

THERMOPLASTIC MARKINGS,

BLUE

SF 150

CONCRETE SIDEWALK, 4"

THICK

SY 1394

DETECTABLE WARNING

SURFACE

SF 72

29 CONCRETE STEPS CY 95

30 CONCRETE CURB LF 614

31 CONCRETE WALL LF 800

32 RINSE STATION CONCRETE UNIT 6

33 CONCRETE ADA RAMP SY 590

34 CONCRETE SEAWALL CAP CY 13800

PRECAST CONCRETE

RECURVE WALL

LF 4023

36 TIMBER BULKHEAD LF 4595

37 IPE CLADDING SF 15029

38 FLOOD STOP LOGS UNIT 6

39 CONCRETE SLAB TURN-DOWN LF 880

PUBLIC INTERPRETIVE

SIGNAGE (TYPE A, B & C)

UNIT 3

BP-6 | BP-26

CAPE MAY SEAWALL EXTENSION: MADISON TO WILMINGTON

CITY OF CAPE MAY

CAPE MAY COUNTY, NEW JERSEY

THE UNDERSIGNED DECLARES THAT THEY HAVE READ AND UNDERSTAND THE PLANS AND SPECIFICATIONS AND PROPOSES TO FURNISH ALL LABOR, MATERIALS, AND EQUIPMENT NECESSARY TO COMPLETE IN EVERY DETAIL THE

WORK INDICATED ON THE PLANS AND/OR OUTLINED IN THE SPECIFICATIONS, AT THE PRICE QUOTED HEREIN.

BASE BID

PAY

ITEM

NO.

DESCRIPTION UNIT

BASE

BID

QTY

UNIT PRICE

(IN NUMBERS)

UNIT PRICE (IN WORDS)

TOTAL PRICE (IN

NUMBERS)

41 RAILING - TYPE 1 LF 3055

42 NO ITEM

43 NO ITEM

44 REPLACE/REBUILD DECKING SF 1600

45 SAND IMPORT AND GRADING CY 13600

DUNE GRASS PLANTINGS-

SHRUBS

UNIT 1801

DUNE GRASS PLANTINGS-

GROUND COVER

UNIT 11628

DUNE GRASS PLANTINGS-

GRASSES

UNIT 19259

49 NO ITEM

50 NO ITEM

51 NO ITEM

52 NO ITEM

LIGHTED BOLLARDS,

(INSTALL ONLY, FURNISHED

BY CITY)

UNIT 85

LIGHTED BOLLARDS

ELECTRICAL, COMPLETE

LS 1

3" SCH 80 PVC, EMPTY

ELECTRICAL CONDUIT

LF 5500

56 BOLLARD, REMOVABLE UNIT 4

57 RESET SANITARY CLEANOUT UNIT 2

RESET WATER VALVE

(IF/WHERE)

UNIT 2

RESTROOM w/ WATER, ELECTRIC & SEWER SERVICE, COMPLETE

UNIT 2

RINSE STATION w/ WATER

SERVICE, COMPLETE

UNIT 6

BP-7 | BP-26

CAPE MAY SEAWALL EXTENSION: MADISON TO WILMINGTON

CITY OF CAPE MAY

CAPE MAY COUNTY, NEW JERSEY

THE UNDERSIGNED DECLARES THAT THEY HAVE READ AND UNDERSTAND THE PLANS AND SPECIFICATIONS AND PROPOSES TO FURNISH ALL LABOR, MATERIALS, AND EQUIPMENT NECESSARY TO COMPLETE IN EVERY DETAIL THE

WORK INDICATED ON THE PLANS AND/OR OUTLINED IN THE SPECIFICATIONS, AT THE PRICE QUOTED HEREIN.

BASE BID

PAY

ITEM

NO.

DESCRIPTION UNIT

BASE

BID

QTY

UNIT PRICE

(IN NUMBERS)

UNIT PRICE (IN WORDS)

TOTAL PRICE (IN

NUMBERS)

61 NO ITEM

62 INLET, TYPE 'A' UNIT 19

63 INLET, TYPE 'E' UNIT 6

64 NO ITEM

65 12" DIP, STORM PIPE LF 1986

66 18" DIP, STORM PIPE LF 636

67 48" DIP, STORM PIPE LF 52

STORM MANHOLE, 5'

DIAMETER, 5-8' DEPTH

UNIT 4

ADA ACCESSIBLE PARKING

SIGN

UNIT 7

70 REGULATORY SIGNS SF 150

RPM BI-DIRECTIONAL, AMBER

LENS

UNIT 55

RPM MONO-DIRECTIONAL,

AMBER LENS

UNIT 12

RPM MONO-DIRECTIONAL,

WHITE LENS

UNIT 2

TOTAL BASE BID PRICE (IN

NUMBERS)

TOTAL BASE BID PRICE (IN

WORDS)

COMPANY NAME SUBMITTING

BID

AUTHORIZED OFFICIAL PRINT

NAME AUTHORIZED OFFICIAL SIGNATURE

BP-8 | BP-26

Basis of Award

City of Cape May, Cape May County, New Jersey

(Name of Local Contracting Unit)

Flood Protection / Climate Resiliency Improvements to Cape

May Seawall Madison to Wilmington Avenue 22003409G

(Name of Construction/Public Works Project) (Project or Bid Number)

Refer to “Instructions to Bidders – Section VIII. Method of Contract Award” for further information.

Accompanying this Proposal is a Consent of Surety and a Bid Guarantee, in the form of a Bid Bond

( ), a Certified or Cashier’s Check ( ), payable to the order of the in the sum of

Dollars ($ ), which the undersigned agrees is to be forfeited as liquidated damages, and not as a penalty, if the

Contract is awarded to the undersigned and the undersigned shall fail to execute the Contract for the project or to furnish the Bond required within the stipulated time, otherwise, the check will be returned to the undersigned.

The undersigned is an individual ( ), a corporation ( ), a partnership ( ), a limited liability company ( ), under the laws of the State of having principal offices at

Telephone Number:

Trade Name of Bidder:

1. Signed By:

Signature

Title:

2. Signed By:

Signature

Title:

Signed this __________ day of ____________________, 20______.

BP-9 | BP-26

NOTE: Bids by partnerships and limited liability companies must furnish the full name of all partners or members and must be signed in the partnership or limited liability company name by one of the members of the partnership or limited liability company or by an authorized representative, followed by the signature and designation of the person signing. Bids by corporations must be signed in the legal name of the corporation, followed by the name of the State in which incorporated and must contain the signature and designation of the president, secretary, or other person authorized to bind the corporation in the matter. Bids by sole proprietorships must be signed by the proprietor. When requested, satisfactory evidence of the authority of the officer signing must be furnished. Proposals signed by an agent must be accompanied by a power-of-attorney for the principal or principals involved. Attach additional signature sheets in the above form, if necessary.

BP-10 | BP-26

Acknowledgement of Receipt of Changes to Bid Documents Form

City of Cape May, Cape May County, New Jersey

(Name of Local Contracting Unit)

Flood Protection / Climate Resiliency Improvements to Cape

May Seawall Madison to Wilmington Avenue 22003409G

(Name of Construction/Public Works Project) (Project or Bid Number

This form must be submitted whether or not addenda were issued.

Pursuant to N.J.S.A. 40A:11-23.1(a), the undersigned bidder hereby acknowledges receipt of the following notices, revisions, or addenda to the bid advertisement, specifications, or bid documents.

By indicating date of receipt, the bidder acknowledges the submitted bid takes into account the provisions of the notice, revision, or addendum. Note that the local unit’s record of notice to bidders shall take precedence and that failure to include provisions of changes in a bid proposal may be subject for rejection of the bid.

Local Unit Reference Number

(or Title of Addendum/Revision)

How Received

(mail, fax, pick-up, etc.)

Date Received

Acknowledgement by bidder:

Name of Bidder:

By Authorized Representative:

Signature:

Printed Name and Title:

Date:

BP-11 | BP-26

Bid Bond

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, ___________________________________, as Principal, and _______________________________, as Surety, is hereby held and firmly bound unto City of Cape May, Cape May County, New Jersey, as Owner, in the Penal Sum of _________________________

($____________________) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns.

Signed this ______ day of ____________________, 20______.

The condition of the above obligation is such that whereas the Principal has submitted to City of

Cape May, Cape May County, New Jersey a certain bid, attached hereto and hereby made a part of hereof, to enter into a contract in writing for Cape May Seawall Extension.

NOW, THEREFORE,

A. If said bid shall be rejected or in the alternative, B. If said bid shall be accepted and the Principal shall execute and deliver a contract properly completed in accordance with said bid and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in the connection therewith, and shall in all other respects perform the agreement created by the acceptance of said bid, Then this obligation shall be void, otherwise the same shall remain in full force and effect; it being expressly understood and agreed that the liability of the surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the

Owner may accept such bid; and Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.

Principal

By:

Witness

Surety

Attorney-in-fact

By:

Witness

BP-12 | BP-26

Consent of Surety

In consideration of the premises and of One Dollar ($1.00), lawful money of the United States, it is in hand paid by the CONTRACTOR, the receipt whereof is hereby acknowledged, the undersigned surety consents and agrees that if the contract, for which the preceding estimate and proposal is made, be awarded to the person or persons submitting the same as contracted, it will become bound as surety and guarantor for its faithful performance, in an amount equal to one hundred percent (100%) of the contract price, and will execute it as party of the third part thereto when required to do so by the OWNER, and if the said CONTRACTOR shall omit or refuse to execute such contract, if so awarded, it will pay without proof of notice and on demand to the OWNER any increase between the sum to which the said CONTRACTOR would have been entitled upon the completion of the said contract and the sum which the said OWNER may be obligated to pay to another contractor to whom the contract may be afterwards awarded, the amount in such case to be determined by the bids plus the cost, if any, of re-advertising for bids for this work, less the amount of any certified check or bid bond payable and received.

In witness whereof, said surety has caused these presents to be signed and attested by a duly authorized officer and its corporate seal to be hereto affixed this

______ day of ____________________, 20____.

(A corporate acknowledgement and statement of authority is hereby attached by the surety company.)

Surety Company

By:

Surety Company

Attorney-in-Fact

Attest:

(Surety may substitute a similar statement subject to the OWNER’S approval.)

BP-13 | BP-26

Statement of Ownership Disclosure

N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43)

This statement shall be completed, certified to, and included with all bid and proposal submissions. Failure to submit the required information is cause for automatic rejection of the bid or proposal.

Name of Organization:_________________________________________________________________

Organization Address:_________________________________________________________________

Part I Check the box that represents the type of business organization:

Sole Proprietorship (skip Parts II and III, execute certification in Part IV) Non-Profit Corporation (skip Parts II and III, execute certification in Part IV) For-Profit Corporation (any type) Limited Liability Company (LLC) Partnership Limited Partnership Limited Liability Partnership (LLP) Other (be specific): ______________________________________________

Part II

The list below contains 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. (COMPLETE THE LIST

BELOW IN THIS SECTION)

OR

No one stockholder in the corporation owns 10 percent or more of its stock, of any class, or no individual partner in the partnership owns a 10 percent or greater interest therein, or no member in the limited liability company owns a 10 percent or greater interest therein, as the case may be.

(SKIP TO PART IV)

(Please attach additional sheets if more space is needed):

Name of Individual or Business Entity Address

BP-14 | BP-26

Part III DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS, PARTNERS

OR LLC MEMBERS LISTED IN PART II

If a bidder has a direct or indirect parent entity which is publicly traded, and any person holds a 10 percent or greater beneficial interest in the publicly traded parent entity as of the last annual federal Security and Exchange Commission (SEC) or foreign equivalent filing, ownership disclosure can be met by providing links to the website(s) containing the last annual filing(s) with the federal Securities and Exchange Commission (or foreign equivalent) that contain the name and address of each person holding a 10% or greater beneficial interest in the publicly traded parent entity, along with the relevant page numbers of the filing(s) that contain the information on each such person. Attach additional sheets if more space is needed.

Website (URL) containing the last annual SEC (or foreign equivalent) filing Page #�s

Please list the names and addresses of each stockholder, partner or member owning a 10 percent or greater interest in any corresponding corporation, partnership and/or limited liability company (LLC) listed in Part II other than for any publicly traded parent entities referenced above. The disclosure shall be continued until names and addresses of every noncorporate stockholder, and individual partner, and member exceeding the 10 percent ownership criteria established pursuant to N.J.S.A. 52:25-24.2 has been listed. Attach additional sheets if more space is needed.

Stockholder/Partner/Member and Corresponding Entity Listed in Part II

Address

Part IV Certification

I, being duly sworn upon my oath, hereby represent that the foregoing information and any attachments thereto to the best of my knowledge are true and complete. I acknowledge: that I am authorized to execute this certification on behalf of the bidder/proposer; that the City is relying on the information contained herein and that I am under a continuing obligation from the date of this certification through the completion of any contracts with City to notify the City in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it will constitute a material breach of my agreement(s) with the, permitting the City to declare any contract(s) resulting from this certification void and unenforceable.

Full Name (Print): Title:

Signature: Date:

BP-15 | BP-26

Non-Collusion Affidavit

STATE OF NEW JERSEY )

) ss:

COUNTY OF )

I, , residing in in the

County of and the State of New Jersey, of full age, being duly sworn according to law on my oath depose and say that:

I am of the firm of , the bidder making the proposal for the bid entitled Cape May Seawall Extension, and that I executed the said proposal with full authority so to do; that said bidder has not, directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above named project; and that all statements contained in said proposal and in this affidavit are true and correct, and made with full knowledge that the City of Cape May, Cape May County, New Jersey relies upon the truth of the statements contained in said proposal and in the statements contained in this affidavit in awarding the contract for the said project.

I further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by said bidder.

Full Name (Print): Title:

Signature: Date:

Subscribed and sworn to before me this ______ day of

____________________, 20____.

Notary Public of New Jersey

My Commission Expires

______________________________ 20____.

BP-16 | BP-26

Experience Statement

The Bidder shall furnish with the proposal a listing of relevant projects previously performed, including the project name, owner, approximate contract value, contact information, and a brief description of the work. This information is requested to assist the City in evaluating bidder responsibility and shall not constitute a separate prequalification requirement under

N.J.S.A. 40A:11-25.

Approximate

Value

1. Project Name/Owner: $

Address:

Contact Person:

Phone Number:

Scope:

2. Project Name/Owner: $

Address:

Contact Person:

Phone Number:

Scope:

3. Project Name/Owner: $

Address:

Contact Person:

Phone Number:

Scope:

4. Project Name/Owner: $

Address:

Contact Person:

Phone Number:

Scope:

BP-17 | BP-26

5. Project Name/Owner: $

Address:

Contact Person:

Phone Number:

Scope:

6. Project Name/Owner: $

Address:

Contact Person:

Phone Number:

Scope:

7. Project Name/Owner: $

Address:

Contact Person:

Phone Number:

Scope:

8. Project Name/Owner: $

Address:

Contact Person:

Phone Number:

Scope:

Attach additional sheets in this format if necessary or contractor supplied forms containing substantially similar information.

BP-18 | BP-26

Bidders to Visit Site

All bidders or their representative(s) are strongly encouraged to visit the site of the work of this contract and examine the means of access to the site. Bidders are strongly encouraged to thoroughly investigate the site of the proposed work in order to become informed as to the magnitude and character of all work necessary for the complete execution of the contract, including facilities for delivery and handling of materials, plant(s), if any at the site, and conditions and difficulties that may be encountered in the performance of the work specified herein.

The Bidder shall attest by signing below that he has read and understands the above prior to the submission of this proposal.

Date Signature of Representative

Title

Bidder’s Name

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LISTING OF SUBCONTRACTORS TO BE USED

IF YOU ARE NOT UTILIZING A SUBCONTRACTOR FOR THIS BID, PLEASE INDICATE

�NONE� ON EACH CORRESPONDENCE, AS LISTED BELOW.

PLEASE FILL OUT TOTALLY, TO AVOID AUTOMATIC REJECTION OF THE BID.

If this project is to be awarded as a single prime general construction contract, bidders who propose to use more than one contractor for any of the specialized sub-prime contracts (i.e. electrical, HVAC, plumbing and structural steel/ornamental iron) shall be required to submit along with their bid a certificate listing each subcontractor to be used to accomplish said specialized subcontract work, setting forth: (1) the Name of the Subcontractor; (2) the Scope of Work of that Subcontractor.

I, or we of___________________________________________________________________ (Name of Company)

Are in compliance with Section 16 of P.L. 1971 c 198 (C14A:11-16) as amended by P.L. 1997 c408 adopted January 19, 1998, hereby certify that I/we will employ the following subcontractors for this project:

CATEGORY OF WORK NAME/ADDRESS OF SUBCONTRACTORS

1. Plumbing work and gas fitting and all kindred work:

Name: _____________________________________________________

Address:_________________________________________________ License No._________________________________________________

2. Steam Power Plants, Steam and hot water heating and ventilating apparatus, and kindred work:

Name:______________________________________________________

Address:____________________________________________________

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LISTING OF SUBCONTRACTORS TO BE USED

3. Electrical work:

Name:____________________________________________________

Address:__________________________________________________

License No._______________________________________________

4. Structural steel and ornamental iron work:

Name:____________________________________________________

Address:__________________________________________________

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Subcontractor Experience Statement

The Bidder may furnish information regarding relevant projects previously performed by its proposed subcontractors. Such information may be considered in evaluating responsibility but shall not constitute a separate prequalification requirement under N.J.S.A. 40A:11-25.

Name of Subcontractor: Approximate

Value

1. Project Name/Owner: $

Address:

Contact Person:

Phone Number:

Scope:

2. Project Name/Owner: $

Address:

Contact Person:

Phone Number:

Scope:

3. Project Name/Owner: $

Address:

Contact Person:

Phone Number:

Scope:

4. Project Name/Owner: $

Address:

Contact Person:

Phone Number:

Scope:

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Subcontractor Experience Statement

Name of Subcontractor: Approximate

Value

5. Project Name/Owner: $

Address:

Contact Person:

Phone Number:

Scope:

6. Project Name/Owner: $

Address:

Contact Person:

Phone Number:

Scope:

7. Project Name/Owner: $

Address:

Contact Person:

Phone Number:

Scope:

8. Project Name/Owner: $

Address:

Contact Person:

Phone Number:

Scope:

Attach additional sheets in this format if necessary or contractor supplied forms containing substantially similar information.

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Equipment Certification

Instructions For Completing The Equipment Certification

If the Bidder owns, leases, or controls all the necessary equipment required, he shall complete Parts

1 and 3. Should the Bidder not own, lease, or control all the necessary equipment required, he shall complete Parts 2 and 3. This certification must be attached to and submitted with the proposal.

Part 1

“This is to certify that I, the Bidder signing the attached proposal, own, lease, or control all the necessary equipment required to accomplish the work shown and described on the Contract

Drawings and in the Contract Specifications.”

Date Signature of Bidder

Part 2

“This is to certify that I, the undersigned, own or control the equipment required and noted below and definitely grant or will grant the Bidder named below the control of said equipment during such time as may be required for that portion of the work described on the Contract Drawings and in the

Contract Specifications for which said equipment is necessary.”

Date Signature of Bidder

Controller of Equipment

Date Business address of Above

Part 3

LIST OF EQUIPMENT

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Notice of Award

Description of Work

To:

The Owner, represented by the undersigned, has considered the Proposal submitted by you for the above described work in response to its Notice and Instructions to Bidders dated .

Since you are the apparent successful bidder, said Owner agrees to accept your Proposal in the amount of .

You are hereby notified that your Proposal has been accepted for items:

As specified in the Contract Documents, .

You are required by the Notice and Instruction to Bidders to execute the formal contract with the undersigned Owner and to furnish the required Contractor's Performance and Payment Bond within twenty-one (21) calendar days from the date of this Notice to Award.

If you fail to execute said Contract and to furnish said bond in writing twenty-one (21) calendar days from the date of this Notice of Award, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your Proposal as abandoned and to award the work covered by your Proposal to another, or to re-advertise the work, or otherwise dispose thereof as the Owner may see fit.

Dated this __________ day of ____________________, 20______.

Owner

By

Title: Mayor

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Notice to Proceed

To: Date:

Project

You are hereby notified to commence work in accordance with the Agreement dated

____________________, 20_____, on or before ____________________, 20_____, and you are to complete the work within ___540____ consecutive calendar days thereafter. The date of completion of all work is therefore ____________________, 20_____.

Also, before you may start any work at the site, you must:

Owner

By

Title: Mayor

ACCEPTANCE TO NOTICE

Receipt of the above NOTICE TO

PROCEED is hereby acknowledged by

Contractor

This the _____ day of

____________________, 20_____.

BY:

TITLE:

Form of Contract

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Form of Contract

Contractor

And

City of Cape May, Cape May County of New Jersey

CONTRACT (This “Contract”) made as of the ______day of____________________ in the year of 20____.

between the OWNER: City of Cape May

643 Washington St, Cape May, New Jersey and the CONTRACTOR the PROJECT: Flood Protection / Climate Resiliency Improvements to

Cape May Seawall Madison to Wilmington Avenue the ENGINEER: Richard C. Maloney, PE of COLLIERS ENGINEERING & DESIGN INC.

(DBA MASER CONSULTING)

The Owner and the Contractor agree as set forth below.

Article 1

The Contract Documents

1.1 The Contract Documents consist of this Contract, the Specifications and Contract Documents prepared by Colliers Engineering & Design, Engineer, annexed hereto, the Drawings, the Bid

Specifications, and all addenda issued prior to and all modifications issued after execution of this

Contract. These documents form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. In case of a conflict in terms, the terms of this

Contract shall apply over the terms of any other Contract Documents.

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1.2 The Contractor agrees to furnish its best skill, judgment and efficient business administration in performing its obligations under the Contract, and, further, agrees to maintain an adequate supply of workmen and proper materials on the job site at all times, to perform the Work in the best and most sound way, and to cooperate with the Engineer, in order to complete the Work expeditiously in accordance with the Contract Documents.

1.3 The Contractor shall provide competent supervision of all phases of the Work and shall cause the Work to be performed in strict and complete compliance with the Drawings and

Specifications and all things indicated and implied therefrom. The Contractor shall designate a representative as project manager who shall be satisfactory to the Owner and the Engineer. Such project manager shall not be changed unless his performance is unsatisfactory to the Owner or the

Contractor or unless he ceases to be in the employ of the Contractor. The project manager designated by the Contractor shall attend all job meetings with the Owner and the Engineer at such reasonable times as shall be requested by the Owner or the Engineer and shall periodically render reports to the Owner and the Engineer on the progress of the work.

1.4 The Contractor shall furnish to the Owner and the Engineer, prior to commencement of work and within thirty (30) days from date hereof, a Construction Progress Schedule broken down by stages and, after the issuance of any Change Order, shall furnish to the Owner a revision of such

Schedule. The Progress Schedule shall indicate the dates for the starting and completion of the various stages of construction (and shall be revised as required by the conditions of the Work, subject to the Owner’s approval). The Contractor shall maintain the progress of the Work in accordance with the Construction Progress Schedule, as same may be revised. In order to comply with the Construction Progress Schedule, the Contractor will ensure that all subcontracts clearly state that the requirements of the Construction Progress Schedule must be met.

1.5 The Contractor shall perform its obligations hereunder in strict compliance with all applicable laws, ordinances, rules, regulations, orders, statutes, codes and requirements of the

Board of Fire Underwriters and of all Federal, State, City, and other governmental entities having jurisdiction over the Project, and the Contractor shall apply for and obtain all licenses and permits required in connection with the Work. The Contractor warrants that, when completed, the Project shall be in compliance with all laws in effect at the time of completion. Changes in costs reasonably incurred by the Contractor resulting from changes in any governmental requirements effective after the date of this Agreement (including interpretation by governmental officials which increase or decrease cost) shall be covered by a Change Order.

1.6 The Contractor covenants to maintain complete and accurate books of account showing the costs of the Project, which books shall, at all reasonable times, be open to inspection by the Owner and the Engineer.

Article 2

The Work

2.1 The Contractor shall perform all the Work required by the Contract Documents for the Flood

Protection / Climate Resiliency Improvements to Cape May Seawall Madison to Wilmington Avenue and finish work shown in the Contract Documents.

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2.2 The Contractor represents and warrants to the Owner that the Contractor has (a) examined the Contract Documents, the job site, the surroundings and local conditions, (b) made all investigations it deems necessary or appropriate for a full understanding of the scope of the Work to be performed and (c) examined all other documents and data which it deems necessary or appropriate to establish the Contract Sum. The Contractor acknowledges that it considers the foregoing factors sufficient and is not relying upon any representations or warranties of the Owner except as expressly herein set forth.

Article 3

Time of Commencement and Substantial Completion

3.1 Within ten (10) calendar days from the delivery of a notice from the Owner to the Contractor to proceed (the “Notice to Proceed”) the Contractor shall commence performance of the Work and, subject to authorized adjustments, achieve Substantial Completion no later than 540 (FIVE

HUNDRED & FORTY) calendar days from the commencement date indicated in the Notice to

Proceed.

Article 4

Contract Sum

4.1 The Owner shall pay the Contractor for the performance of the Work, subject to additions and deductions by Change Order as provided in the Contract Documents, the total Contract Sum of

$_______________. Such Contract Sum includes, without limitation, all labor, materials, tools, equipment, water, heat, power, transportation, facilities (temporary or otherwise), equipment rental costs and all other services necessary for the proper construction and completion of the Project in accordance with the Contract Documents.

4.2 The Contract Sum is determined based upon a stipulated sum.

4.3 Attached to this Contract are the Bid Specifications upon which the Contractor was the successful lowest responsible bidder. Any questions which arise as to the work to be performed under this Contract shall be determined by the Engineer with reference to such Bid Specifications.

Article 5

Progress Payments

5.1 Based upon Applications for Payment submitted to the Engineer by the Contractor and

Certificates for Payment issued by the Engineer, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided in the Contract Documents.

5.2 Payments to the Contractor shall be based upon Work actually performed, installed and approved by the Engineer and materials stored off-site, provided however, that with respect to materials stored off-site, the following conditions shall have been satisfied: (a) the Owner shall be furnished with an original invoice from the material supplier certifying that the price of such materials has been paid in full by the Contractor, (b) the Owner shall receive a warranty bill of sale

FC-4 |FC-24

for such materials, (c) the Owner shall have received a certificate evidencing that such materials are insured against loss on an all risk basis with the Owner listed as the named insured, (d) such materials shall be clearly and visibly marked and tagged so as to indicate that title thereto is vested in the Owner, (e) the Engineer shall have inspected and approved such materials for incorporation into the Project, (f) the Owner shall have received an effective waiver of all liens and rights to assert liens from the Owner and lessor of the property upon which such materials are stored, (g) the

Owner shall have received an Affidavit from the Contractor certifying that such materials will be incorporated into the work, (h) Payments for properly stored materials shall be subject to the same retainage applicable to other progress payments under this Contract. Total retainage shall not exceed two percent (2%) of the amount due on each partial payment, in accordance with N.J.S.A.

40A:11-16.3.

5.3 At least fourteen (14) days before each payment falls due, the Contractor shall furnish to the

Engineer an itemized Application for Payment showing the value of Work performed through the end of the previous calendar month. Each pay request must be submitted to the Engineer using AIA formatted payment certificate, the certificate must clearly state the Work and quantities completed and quantities paid to date. In addition, the certificate must clearly identify the period in which the

Work was preformed, i.e., week beginning and week ending date. Also, the Contractor must provide two (2) original sealed and signed certified payrolls for the period for themselves and any subcontractors. If any items of the payment request are omitted or not properly formatted, the

Owner and the Engineer will not review the payment until the pay request is deemed acceptable and complete. Certified payrolls must be submitted for periods of no work and indicate no work was completed during such period.

5.4 Upon each payment to subcontractors and material suppliers, the Contractor shall obtain

Partial Waiver of Lien from each such subcontractor and material supplier and shall deliver such instruments to the Owner prior to the next Application for Payment.

5.5 The Contractor agrees that each Application for Payment shall be made by a duly authorized representative of the Contractor and properly notarized, that it shall set forth the names and addresses of each person, firm or corporation furnishing materials or labor for the Work, the exact dollar amount of liability which has been contracted for with each person, firm or corporation and/or incurred with each such person, firm or corporation, the total disbursements made prior to the date of such Application for Payment to each such person, firm or corporation and the amounts requested by each such person, firm or corporation in that month’s request for payment. Each such affidavit shall be accompanied by evidence satisfactory to the Owner, that there are no liens against the Work, the Project, the property and improvements on which the Project is located, or on any funds or property owned or possessed by the Owner. Failure of the Contractor to list the name of any person who subsequently files a lien against the Project or any other property of the Owner in any Application for Payment furnished to the Owner under this Article 5 or the failure of the

Contractor to obtain a release of lien rights from any person, firm or corporation listed in any affidavit furnished to the Owner under this Article 5 (which person subsequently files a lien), or otherwise to protect the Owner against the same, shall not absolve the Contractor of its responsibilities to the Owner under this Article. In lieu of the requirements of the Contractor under this section, the Contractor may satisfy these requirements by a certification under oath of the

Contractor that no person, firm or corporation has filed a lien against the project.

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5.6 If any subcontractor refuses to furnish such evidence required by the Owner, the Contractor may be required to either withhold payment from such subcontractor or furnish a bond, as approved by the Owner, in a form satisfactory to the Owner, to indemnify them against any such lien. In the event a subcontractor or materialman files a lien against the Project, the Contractor shall promptly cause such lien to be formally released, bonded against or satisfied, and shall reimburse the Owner for all costs and expenses, including, but not limited to, attorneys’ fees, and bonding and title indemnity expenses incurred by it in contesting, discharging, releasing or satisfying such lien or defending or otherwise participating in such suit. The Owner shall have the right to retain out of any payment then or thereafter to become due to the Contractor 150% of the amount claimed, or such other amount as the Owner shall determine, to indemnify the Owner against any lien that may appear in favor of any person claiming by, through, or under the Contractor, which amount shall include reasonable allowances for the estimated costs, including, but not limited to, attorneys’ fees to defend any action in connection therewith or deposits which need to be made to have such lien released against the Project. The Contractor shall similarly indemnify and protect and defend the

Owner in respect of any lien in favor of any person claiming by, through, or under it, including, among others, its subcontractors or its and their material suppliers may appear after final payment is made.

5.7 Once the Contractor's Application for Payment has been certified by the Owner following approval by the Engineer, the Owner shall authorize payment to the Contractor at the next scheduled public meeting and issue payment during the Owner's next payment cycle following the meeting at which payment was authorized.

5.8 The Owner shall withhold two percent (2%) of the amount due on each partial payment pending completion of the Contract, in accordance with N.J.S.A. 40A:11-16.3. No additional or special retainage shall be withheld for stored materials, asphalt materials, testing, incomplete work, or any individual category of Work, except to the extent a separate withholding is expressly authorized by applicable law.

Upon application by the Contractor, the Owner shall release a subcontractor’s proportionate share of retainage following acceptance by the Engineer of that subcontractor’s completed portion of the

Work, as required by N.J.S.A. 40A:11-16.3.

Upon acceptance of the completed Work, all amounts retained by the Owner shall be released and paid to the Contractor within forty-five (45) days of the acceptance date agreed upon by the

Contractor and the Owner, provided that the Contract has been completed as required.

Payment for asphalt improvements may be withheld to the extent reasonably necessary pending required testing, correction of defective Work, or verification of compliance with the Contract

Documents. Any such withholding shall be limited to the amount reasonably related to the affected

Work and shall not constitute additional retainage.

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5.9 “Final Completion” shall be defined as such time as the Contractor obtains a final Certificate of Completion from the Engineer, and the Contractor submits to the Owner and the Owner approves (a) General Release and Final Lien Waivers and releases from Contractor and all subcontractors, materialmen, suppliers and sureties, in form and substance satisfactory to the

Owner, (b) the Contractor’s affidavit that all payrolls, bills for materials and equipment, and other indebtedness incurred by, through or under the Contractor in connection with the Work (excluding

Work pursuant to warranties and guaranties), have been paid or otherwise satisfied or, if not so paid or satisfied, that amounts satisfactory to the Owner, in the Owner’s sole discretion, have been withheld to protect itself from any claims resulting therefrom, including, but not limited to, attorney fees, (c) all the Contractor’s as built drawings, records and related…