CON 126 - 2025 RIP - Full Spec.pdf

TOWNSHIP OF EGG HARBOR

ATLANTIC COUNTY, NEW JERSEY

2025 Road Improvement Program Contract No. 126

MAYOR

Laura Pfrommer

TOWNSHIP COMMITTEE

Ray Ellis, Jr., Deputy Mayor

Paul W. Hodson William Pauls

Raul Rosenberg

June 2025

Robert A. Watkins

Professional Engineer, License No. 45865

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ATLANTIC COUNTY, NEW JERSEY

NOTICE TO BIDDERS

NOTICE is hereby given that sealed bids will be received by the Township of Egg Harbor (here-inafter called the "Owner") for:

2025 Road Improvement Program

CONTRACT NO. 126

Electronically sealed bids for the above-named Contract, which comprises of miscellaneous improvements at 2025 Road Improvement Program in the Municipality of Egg Harbor Township, Atlantic County, New Jersey ("Owner"), will be received and conducted in electronic platform in accord with N.J.A.C. 5:34-1 et. Seq., on BidNet Direct at www.bidnetdirect.com//ehtgov at which time and place the sealed bids will be opened publicly and read for the following: on Thursday July 17th, 2025, at 12 p.m. noon prevailing time. Bid opening will be broadcast via zoom, public access can be obtained by contacting the assistance purchasing agent at scanning@thecanninggroup.org.

The work includes the furnishing of all labor, materials and equipment necessary to complete the work as shown on the Drawings and as described in the Specifications. The work on CONTRACT NO. 126 consists of 2025 ROAD IMPROVEMENT PROGRAM which will include various roadway improvements on School House Road, Old Stage Road, Pine Avenue, Mitchell Avenue, Seaview Drive, Reega Avenue, Kathy Lane, Camelot Court, River Drive, Harbor Drive, Byron Drive, and Ships Drive.

The work for CONTRACT NO. 126 shall be completed within ninety days (90) calendar days of the Contractor's receipt of written Notice to Proceed. Township reserves the right to award any/all or none of the bids

Bids are to be submitted electronically in accord with this notice, then the bidder shall submit a copy of the bid guarantee with electronic submittal and mail PRIOR to bid opening the original to the Municipal Clerks office Township of Egg Harbor, 3515 Bargaintown Road, Egg Harbor Township, NJ 08234. No bid will be received unless in writing on the forms furnished, and unless accompanied by bid security in the form of a bid bond or certified check made payable to the Owner in an amount equal to 10% of the amount of the total bid, provided that the said security need not be more than $20,000 nor less than $500.00 and be delivered at the place on or before the hour named above.

The bid shall be accompanied by a Certificate of Surety on the form included in the Contract Documents, from a surety company licensed to do business in the State of New Jersey, which shall represent that the surety company will provide the Contractor with the required bonds in the sums required in the Contract Documents and in a form satisfactory to the Owner's Attorney and in compliance with the requirements of law. Each bidder shall submit with his bid an “Ownership Disclosure Statement” and “Non-Collusion Affidavit” as stated in Public Law, 1975, C.127 NJSA 34:11-56,25 et seq. as amended in chapter 64 of the Laws of 1974 and P.L.

1977 Ch.33, NJSA 52:25-24.2 on the forms included in the Contract Documents.

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Public Works Contractor Registration pursuant to NJSA 34:11-56.48 et. Seq. is required for all projects/contracts that include construction, reconstruction, demolition, alter at ion, and alteration of repair or maintenance work on a public building.

All Contractors and Subcontractors are required to submit a copy of their Business Registration Certificate issued by the NJ Division of Taxation (PL 2004, c 57 effective 9-1-04). Compliance with the New Jersey Prevailing Wage Act (N.J.S.A. 34:11-56.25) is required.

Bidders must use the prepared proposal forms that are contained in the Contract Documents.

Each individual proposal must be separately BidNet Direct at www.bidnetdirect.com//ehtgov.

After receipt of bids, no bid shall be withdrawn except as expressly authorized herein. The Owner shall award the Contract or reject all bids within 60 days of bid opening, except that the bids of any bidders who consent thereto may, at the request of the Owner, be held for consider-ation for such longer period as may be agreed.

The Owner will evaluate bids and any award will be made to the lowest, responsive, responsible bidder, in accordance with N.J.S.A. 40A:11-6.1. A copy of N.J.S.A. 40A:11-6.1 is included in Section entitled Local Public Contract of this specification. The Owner reserves the right to reject any or all bids and to waive minor informalities or irregularities in bids received.

The qualification and reclassification of bidders will be subject to the statutory provisions contained in N.J.S.A. 40A:11-25 to 32 (“Local Public Contract Law”). A copy of N.J.S.A.

40A:11-25 to 32 is included in Section entitled “Local Public Contract Law” of this specification.

Successful bidders, after notification of award, but prior to signing a construction contract, shall submit to the township and the Dept. of LWD, Construction EEO Monitoring Program an initial project workforce report (Form AA 201) electronically provided to the public agency by the Dept. LWD, Construction EEO Monitoring Program, through its website http://www.state.nj.us/treasury/contract_compliance /pdf/aa201.pdf for distribution to and completion by the contractor, in accordance with the N.J.A.C. 17:27-7. The contractor also agrees to submit a copy of the Monthly Project Workforce Report once a month thereafter for the duration of this contract to the Dept. of LWD, Construction EEO Monitoring Program and to the public agency compliance officer

The successful bidder will also be required to submit bonds and proof of insurance on or before execution of their respective Contracts as explained in t he Contract Documents.

Bidders are required to comply with all relevant Federal and State Statues, Rules and Regulations including but not limited to the applicable provisions of Title VI of the Civil Rights Act of 1964 as amended (42 USC 2000d 2000D 4A), the discrimination and affirmative action provisions of NJSA 10:5-31 et seq. and NJAC 17:24 (Contract Compliance and Affirmative Action for Public Contracts), the rules and regulations promulgated pursuant thereto, the State requirement for bidders to supply statements of ownership (N.J.S.A. 52:25 24.2) and the State requirement for submission of the names and addresses of certain subcontractors (N.J.S.A.

40A:11 16).

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Challenges to bid specifications must be made, in writing, addressed to the Owner, at least, three

(3) business days prior to the bid opening date.

Challenges filed otherwise will not be considered.

Pursuant to P.L. 2004, c.57 (N.J.S.A. 52:32-44) effective September 1, 2004, all business organizations that conduct business with a New Jersey government agency are required to be registered with the State of New Jersey.

If the Contract is awarded, no refunds will be given. If for any reason the Contract is not awarded, refunds will be made to bidders pursuant to N.J.S.A. 40A:11-24(b) when the Contract Documents are returned in reasonable condition within 90 days of notice that the Contract has not been awarded.

It is the purpose of this Notice to Bidders to summarize some of the more important provisions of the Contract Documents. Prospective bidders are cautioned not to rely solely on this sum-mary, but to read the Contract Documents in their entirety.

The Township reserves the right to reject bids based upon the criteria specified in the Information to Bidders.

By Order of the Township of Egg Harbor

Sharon Riley, CFO Chief Financial Officer

INFORMATION FOR BIDDERS

Table of Contents Page

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ATLANTIC COUNTY, NEW JERSEY

2025 Road Improvement Program

CONTRACT NO. 126

Description Page No.

Notice to Bidders NB-1 - NB-3

Table of Contents i

Information for Bidders – Table of Contents IB-i - IB-iii

Information for Bidders IB-1 - IB-29

State Wage Rates SWR-1

Proposal P-i - P-26

Contract - Table of Contents CON-i – CON-iii

Contract CON-1-CON-38

Performance Bond PB-1 - PB-5

Maintenance Bond MB-1 – MB-2

General Requirements – Table of Contents GR-i – GR-iii

General Requirements GR-1 - GR-22

Technical Specifications – General SG-1 - SG-2

Technical Specifications TS-1 - TS-72

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INFORMATION FOR BIDDERS

0.00 Definitions

The attention of all bidders is directed to the Article of the Contract entitled, "Definitions", for definitions of the terms, Owner, Contractor, Engineer, Contract Documents, Contract, Contract Price, Specifications, Substantial Completion, Contract Drawings and General Conditions.

In the Contract Documents the words "Bid", "bid", "Proposal" and "proposal" are used interchangeably.

0.01 Location of Work

The site work to be performed under the Contract consists of various roadway & stormwater improvements on School House Road, Old Stage Road, Pine Avenue, Mitchell Avenue, Seaview Drive, Reega Avenue, Kathy Lane, Camelot Court, River Drive, Harbor Drive, Byron Drive, and Ships Drive and various concrete work through the Township.

0.02 Contract Drawings

The Contract Drawings, forming an integral part of this project, bear the following general title:

TOWNSHIP OF EGG HARBOR

ATLANTIC COUNTY, NEW JERSEY

2025 ROAD IMPROVEMENT PROGRAM

CONTRACT NO. 126

Copies of the Contract Documents shall be furnished to interested parties as set forth in the Notice to Bidders.

0.03 Phases Comprising the Project

The work on this project will be performed under a single overall Contract comprising of site work, and general construction work.

0.04 Date and Place of Opening Bids

Sealed Proposals for this work, as required by the Contract Documents and as specified herein, including the furnishing of all required plant, labor, equipment, materials, facilities and services, will be received at the time and place stated in the Notice to Bidders and at that time unsealed and the contents publicly announced.

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0.05 Preparation of Proposal

Proposals must be submitted on the prescribed forms. All blank spaces for bid prices must be filled in, in ink, in both words and figures.

The Proposal shall contain the full name and address of every person, partnership and corporation having an interest in the bid. In addition, any trade name of the bidder must be set forth in full. When an individual proprietor bids, the bid must be signed for or on behalf of the proprietor. When a partnership bids, the bid must be signed for or on behalf of each general partner. When a corporation bids the president and secretary (or assistant secretary) must sign, except that other officers of the corporation may sign, provided a corporate resolution, certified by the corporate secretary (or assistant secretary) duly authorizing such other officers to sign, accompanies the bid. Bids of corporations shall have the corporate seal affixed. Bids signed by an agent must be accompanied by a Power of Attorney duly acknowledged before a notary public, evidencing the authority of the agent to act for the principal or principals. All corporations and partnerships must complete the statement form that appears on the Proposal pages pursuant to the requirements of P.L. 1977, c. 33 (N.J.S.A. 52:25-24.2).

All Public contracts prohibit the successful bidder from discrimination in hiring of persons who are qualified and available to perform work to which the contract relates by reason of age, race, religion, sex, national origin, creed, color, ancestry, marital status, affectional or sexual orientation, familial status, liability for services in the Armed Forces of the United States or nationality. All bidders shall comply with the Act relating to Affirmative Action in relation to the Law Against Discrimination as amended per Chapter 127, P.L. 1975.

0.06 Right to Accept or Reject Bids

Award, if made, will be to the lowest responsible and responsive bidder. All bids can be rejected: when the lowest bid substantially exceeds projected cost estimates and/or budgetary appropriations; the Owner decides to abandon the project or purchase; the specifications are substantially revised; purposes and/or provisions of the applicable laws are violated or it is determined that use of a State Contract / Cooperative Purchasing Agreement is in the best interest of the Township.

In determining the lowest responsible bidder, the Owner may take into account conformity with the requirements of the general and technical specifications, including but not limited to: 1) Strict conformance with the technical/performance requirements for equipment, labor and goods/services. 2) The ability of the bidder to perform all of the work required. 3) Experience of the bidder. 4) Prior negative experience or lack of performance as documented by the Owner.

Chapter 353 of the Public Laws of 1975 shall govern the award of contracts, regardless of wording to the contrary in the general specifications.

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The Township reserves the right to waive minor irregularities, except for late delivery of bids and/or to permit minor exceptions to the requirements of the specifications.

Penalties for the submission of false, deceptive or fraudulent statements or information by bidders are provided by Local Public Contracts Law (N.J.S.A. 40A:11-33 and 34). No contract for work shall be awarded to a contractor or subcontractor who is included on the New Jersey State Treasurer’s list of debarred, suspended and disqualified bidders.

Bidder should be aware of the following statutes that represent “Truth in Contracting” laws:

N.J.S.A. 2C:21-34, et seq. governs false claims and representations by bidders. It is a serious crime for the bidder to knowingly submit a false claim and/or knowingly make material misrepresentation.

N.J.S.A. 2C:27-10 provides that a person commits a crime if said person offers a benefit to a public servant for an official act performed or to be performed by a public servant, which is a violation of official duty.

N.J.S.A. 2C:27-11 provides that a bidder commits a crime if said person, directly or indirectly, confers or agrees to confer any benefit not allowed by law to a public servant.

Bidder should consult the statutes or legal counsel for further information.

0.07 Withdrawal of Bids

No bidder may withdraw his bid for a period of sixty (60) days after the bids are opened.

The Owner and bidder may agree to hold bids for consideration for a longer period of time, in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq.

0.08 Items of Work

No bid will be allowed to be withdrawn for any reason after it has been presented.

0.09 Addenda and Interpretations

No interpretations of the meaning of the Contract Drawings, Specifications or other Contract Documents will be made to any bidder orally. Any request for interpretations shall be made in through the bidnet direct platform at www.bidnetdirect.com//ehtgov, and, to be given consideration, must be received at least ten (10) days – Saturdays, Sundays and holidays excepted – prior to the date fixed for the opening of bids. Any and all revisions, interpretations, or supplemental instructions will be in the form of written addenda to the Contract Documents which, if issued, will be noticed in bia bidnetdirect and noticed to registered contractors who have downloaded bids. Failure of any bidder to receive any such addenda shall not relieve the bidder from any obligations under such addenda. All addenda so issued shall become part of the Contract Documents. If any addenda materially change the solicitation, the Owner may postpone the date for the opening of bids.

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0.10 Bid Security

Each bid must be accompanied by a certified check, cashiers check or bid bond prepared on the form in the Contract Documents, or on an equivalent form which has been approved by Owner's attorney; duly executed by the Bidder as principal and having as surety thereon a surety company duly authorized to issue bonds in New Jersey, in the amount of 10% of the total amount bid but not in excess of $20,000 nor less than $500.

Such checks or bid bonds except those of the three apparent lowest responsible bidders, shall, unless otherwise requested by the bidder, be returned within ten (10) days after the opening of the bids, Sundays and holidays excepted, and the bids of such bidders shall be considered as withdrawn. Within three days, Sundays and holidays excepted, after the awarding and signing of the Contract and the approval of the Contractor's performance bond, insurance and other submissions required in the Information for Bidders, the bid security of the remaining unsuccessful bidders shall be returned to them. The check or bid bond of the bidder to whom the Contract is awarded shall be retained until the required performance bond, insurance and other submissions required in the Information for Bidders is submitted and approved and the Contract is signed. If, for any reason, the Owner does not make an award within sixty (60) days after the opening of bids, the Owner may request that each of the three apparent lowest responsible bidders agree to hold their bids open for consideration for a longer period.

Bid security shall remain in effect for a minimum of sixty (60) calendar days from the date of opening of bids, except as set forth above. In the event that a bidder shall agree to an extension in the sixty (60) day period for making award, such bidder shall be required to ensure that their bid security shall remain in effect to cover the period of extension.

An attorney-in-fact who signs any bid bonds or other bonds required by the Contract Documents shall file with each bond a certified copy of a Power of Attorney duly acknowledged before a notary public authorizing the attorney-in-fact to execute said bonds in behalf of the surety.

All bonds issued for this project must be issued by bonding companies that have a Best's Rating Guide rating of B-minus or higher.

0.11 Certificate of Surety

Each bidder must accompany his bid with an appropriate certificate from a surety company duly authorized to issue bonds in New Jersey and satisfactory to the Owner, stating that such surety company will provide the bidder with the bonds in such sums as are required by the Contract Documents for the faithful performance of the Contract including the payment of the labor and material furnished in the prosecution thereof and the faithful performance of the contract provisions relating to Contract warranties and the repair and maintenance of the Contract Work and keeping the same in good and serviceable condition. All surety bonds in connection with the advertisement and award of this Contract must be written by a surety company whose qualification and authority to

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issue bonds in New Jersey has been certified by the New Jersey Commissioner of Insurance pursuant to the provisions of N.J.S.A. 17:17-1 et seq.

Where federal funding is involved in the Project, the surety company must also hold a federal Certificate of Authority as an acceptable surety (31CFR Part 223) and must be listed on the Federal Treasury List (Department Circular 570 - "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies". Copies of this document may be obtained from the USEPA.

With respect to all payment and performance bonds in the amount of $850,000 or more, the surety must hold a current Certificate of Authority issued by the United States Secretary of the Treasury pursuant to 31 U.S.C. Sec. 9305, that is valid in New Jersey as listed annually in the United States Treasury Circular 570, all as required by and subject to the exceptions and exemptions of N.J.S.A. 2A:44-143.

With respect to payment and performance bonds in the amount of more than $3.5 million, there are further certification requirements under N.J.S.A. 2A:44-143 which must be observed.

N.J.S.A. 2A:44-143 requires that a Surety Disclosure Statement and Certification be attached to the payment and performance bonds. The requisite form of such Certification is set forth in the Proposal pages herein. The Owner may not accept a payment bond or a performance bond unless the required Surety Disclosure Statement and Certification, complete in all respects and duly acknowledged according to Law, is attached thereto.

0.12 Obligation of Bidders

At the time of the opening of bids, each bidder will be conclusively presumed to have read and to be thoroughly familiar with the Contract Documents, including all addenda and interpretations issued. The failure or omission of any bidder to receive or examine the Contract Documents and any addenda thereto or interpretations thereof shall in no way relieve the bidder from any obligation in respect of his bid.

0.13 Examination of and Familiarity with Work

Each bidder must inform himself fully of the conditions under which the work will be performed. Failure to do so will not relieve a successful bidder of the obligation to furnish all plant, labor, material, equipment, facilities and services necessary to carry out the provisions of the Contract Documents, and to complete the required work for the consideration set forth in the bid.

Bidders are expected to read and become familiar with the Contract Documents, including all addenda; to visit the site of the work; to make their own estimates of the plant, labor, material, equipment, facilities and services needed to perform the work; to make any required tests and inspections and to evaluate the difficulties attending the execution of the proposed Contract, including local conditions, site conditions, location and availability of utilities, labor, transportation facilities, uncertainties of weather, IB-6 subsurface conditions and other contingencies. In no case will the Owner or the Engineer assume any responsibility whatsoever for any interpretation, deduction or conclusion to be drawn from the Contractor's examination of the site. Failure to become aware of all conditions affecting the work will not relieve the successful bidder from assuming all responsibility for estimating the difficulties and cost of successfully performing the complete work. The failure or omission of any bidder to receive or examine any form, instrument or document; or to make any required tests or inspections shall in no case relieve any bidder from any obligation under the Contract Documents.

Neither the Owner nor the Engineer make any express or implied representations or warranties as to the accuracy of the information shown on drawings of previous construction or any interpretation of same. The Contractor shall ascertain by his own field inspections the accuracy of the information shown on any existing drawings or reports.

0.14 Bidder Responsibility

The prime Contractor (the bidder) shall perform on the site and with its own organization, work equivalent to at least 51% of the total amount of work to be performed under this Contract. This percentage may be reduced by a supplemental agreement to this Contract if during the performance of the work the Contractor requests a reduction and the Owner determines that the reduction would be to the advantage of the Owner.

Each bidder shall submit experience, and equipment information as described below with and as a part of its bid:

(Nothing required herein shall be construed as limiting the right of the Owner or Engineer to request any bidder to supply clarifying or additional information concerning the bidder's responsibility.)

A. The bidder's performance record with listing of work of similar character and size which he has constructed, giving the names of the Owners, dates built and con-struction cost.

B. A tabulation of other work now under contract, giving location, type, size, total cost, required date of completion and the percentage of completion (to the date of this bid) of each job.

C. An itemized list of equipment owned, leased or controlled, which will be available for use on the Contract (See Proposal Pages).

D. A listing of the work identified in N.J.S.A. 40A:11-16 which the bidder will sub-contract and the names and addresses of the subcontractors (See Proposal Pages).

E. Evidence, in the case of a corporation organized under the laws of any other state, that the bidder has been issued a certificate of authority to transact business in this State

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F. In the case of a corporation, the names and addresses of the stockholders holding 10% or more of that corporation's stock (See Proposal Pages) and the names and addresses of all corporate officers and directors.

G. Evidence, in the case of a partnership, as to whether the partnership is general or limited and identifying the names and addresses of all partners and indicating whether they are general or limited partners (See Proposal Pages).

H. Evidence, in the case of a joint-venture bidder, as to the parties to the joint venture, a statement of the individual responsibilities of each party to the joint venture agreement and such other information as may be pertinent to each of the joint venture’s responsibility to fulfill the obligations of the Contract.

I. All information and certification required in the Contract Documents shall be separately stated for each member of the joint venture.

J. The largest amount of construction work which the bidder has done in any one year (state the year).

K. Such additional information as will satisfy the Owner and the Engineer that the bidder is responsible and is adequately prepared to fulfill the requirements of the Contract.

The Owner and the Engineer may in addition make such investigations as they deem necessary to verify the responsibility of the bidder to perform the Contract, and the bidder shall furnish the Owner with all additional information and data for this purpose as may be requested. The Owner reserves the right to reject any bid if the evidence submitted by the bidder, or the investigation of such bidder fails to satisfy the Owner that such bidder has the responsibility to properly carry out the obligations of the Contract.

Before taking final action to reject a low bid for lack of bidder responsibility, the Owner shall notify the low bidder and afford such bidder an opportunity to request a hearing before the Owner to present any additional information concerning the low bidder's responsibility.

0.15 Rescission of Award

It is expressly understood and agreed by the bidder that, in addition to and not in lieu of any other provisions of the Contract Documents, the Owner may condition any award made by it upon consummation of financing and/or upon receipt of the necessary approvals of the State and Federal agencies involved and, further, may, at any time, rescind any award made by it, if financing satisfactory to the Owner cannot be consummated as contemplated, if such financing does not continue to be available on terms satisfactory to the Owner, if the requisite State and Federal agencies do not approve said Contract, or if any court of competent jurisdiction shall enjoin or otherwise prohibit the Owner from proceeding with the work.

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0.16 Failure of Bidders to Enter Contract

On a date and time to be set by the Owner and notified to the successful bidder, but in any case within twenty-one (21) days, Sundays and holidays excepted, after notification of the award of the Contract, the successful bidder shall deliver to the Owner, in quadruplicate, the duly executed Contracts. The successful bidder shall simultaneously deliver to the Owner an executed Performance Bond of a responsible surety company authorized to issue bonds in New Jersey and satisfactory to the Owner, as specified herein, and evidence of all insurance coverage required in the Contract Documents (consisting of certificates of insurance and copies of the policies with all endorsements).

The Contractor shall also submit at that time a detailed Cost Breakdown as further described in the Article of the Information for Bidders, entitled, "Cost Breakdown, Construction Schedule and Shop Drawing Schedule." This Cost Breakdown must be satisfactory to the Owner prior to the Owner's signing the Contract and may or may not, in the discretion of the Engineer, be used by the Engineer as a basis for evaluating periodic Applications for payment.

The Contractor shall also submit at that time a detailed Construction Schedule Bar Graph and detailed Shop Drawing Submission Schedule, which are further described in the Article of the Information for Bidders, entitled, "Cost Breakdown, Construction Schedule Bar Graph and Shop Drawing Submission Schedule" and which must be satisfactory to the Owner prior to the Owner's signing the Contract. The submission of the foregoing documents in a form satisfactory to the Owner shall be a condition precedent to the Owner's execution of the Contract. Copies of the referenced documents shall be provided to the Engineer at the same time.

Should the successful bidder fail or refuse to execute and deliver the Contract, bonds, evidence of insurance, Cost Breakdown, Construction Schedule Bar Graph, Shop Drawing Submission Schedule, or any of them, satisfactory to the Owner, within twenty-one (21) days after the Contractor has received notice of the award, Sundays and holidays excepted, or within such further time period as the Contractor and Owner may in writing agree, the Owner shall have the right to declare the amount of the Contractor's bid security to be forfeited to the Owner, as liquidated damages for such failure or refusal.

0.17 Security for Faithful Performance and Maintenance (Bonds)

The execution of the Contract is contingent inter alia upon the Contractor's furnishing of the Performance Bond as set forth herein.

The Performance Bond shall be in a sum equal to 100% of the accepted bid as security for the faithful performance of the Contract and for the payment of all persons performing labor or furnishing materials in connection with the Contract. The Performance Bond shall remain in effect until completion and acceptance by the Owner as specified in the Article of the Contract, entitled "Final Estimate and Payment"; and the furnishing of the Maintenance Bond to cover the Contractor's obligations specified in the Article of the Contract, entitled "Maintenance Period".

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The Maintenance Bond shall be in a sum equal to 50% of the Contract Price, as security for the faithful performance of the Contract during the Maintenance Period, as specified in the Articles of the Contract, entitled "Warranty" and "Maintenance Period". The Maintenance Bond shall be furnished to the Owner prior to completion and acceptance by the Owner as specified in the Article of the Contract, entitled "Final Estimate and Payment" and shall remain in effect for a period of two (2) years from such completion and acceptance.

The Performance Bond and Maintenance Bond shall be in the forms included in the Contract Documents, or in equivalent forms which have received the prior approval of the Owner's Attorney.

An attorney-in-fact who signs any bonds must file with each bond a certified copy of his power of attorney authorizing him to execute said bonds on behalf of the surety.

All bonds issued for this project must be issued by bonding companies which have a Best's Rating Guide of B-minus or higher.

0.18 Interference or Delay

Insofar as possible, the Contractor in carrying out his work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor or subcontractor on this Contract or on any other on-going project contracted for by the Owner, or operations conducted by the Owner, whether or not they are directly associated with this Contract. All contractors will be required to cooperate to the end that the projects will be brought to a successful conclusion as rapidly as possible, but the Owner cannot guarantee that no interference or delay will be caused thereby. The Contractor shall have no recourse against the Owner for any damages whatsoever with regard to any interference or delay occasioned by the work or operations of the Owner or of others with that of the Contractor or that of his subcontractors. The Contractor shall refer to the requirements of the Article of this Information for Bidders, entitled, "Cost Breakdown, Construction Schedule and Shop Drawing Submission Schedule."

0.19 Lines and Grades

Attention of bidders is directed to the following specific requirements regarding the establishing and transferring of lines and grades.

a) The Engineer will establish a benchmark as shown on the Contract Drawings. The Contractor shall run all offset lines, set the drive stakes, set batter boards, and take all other measurements in order to lay out the work in accordance with the Contract Documents. The Contractor shall be aware that the alignment may change slightly due to the existing utilities.

b) No separate payment will be made to the Contractor for the cost of establishing lines and grades or for the cost of assisting the Engineer in

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checking of such work or for delay in checking such work, but the cost thereof shall be included in prices bid for the various items.

Bidders shall also note further requirements as explained in the paragraph entitled, "Line, Grades and Measurements" as set forth in the General Requirements of the Specifications.

0.20 Insurance Requirements

The Contractor shall not commence any work under the Contract until the Contractor has obtained, at the Contractor's own expense, all insurance as set forth in the Contract Article entitled, "Insurance" and has delivered Certificates of Insurance and copies of the required insurance policies with all required endorsements and indemnifications to the Owner and Engineer, and as required by the Article of this Information for Bidders entitled, "Failure of Bidders to Enter Contract." The Contractor shall not permit any subcontractor of any tier to begin work until the required insurance and evidence of insurance has been provided to the Owner and Engineer by the subcontractor. Such insurance and evidence of insurance must be in a form satisfactory to the Owner.

The Township of Egg Harbor, Atlantic County and Mott Watkins Associates shall be additionally insured on all Certificates of Insurance submitted by the Contractor.

0.21 Time Limit

The Contractor is required to begin work within ten (10) calendar days of Contractor's receipt of a written Notice to Proceed issued by the Owner. The Contractor shall prosecute the work diligently and uninterruptedly, at a rate to ensure completion sufficient for final acceptance of all work within one hundred and twenty (120) consecutive calendar days from the day of the Contractor's receipt of the written Notice to Proceed. Failure to complete the Contract within this prescribed time period will result in the assessment of liquidated damages in accordance with Article XXII in the Contract section of these specifications. The Contractor shall comply with all provisions in the Contract Documents regarding intermediate times of completion of construction.

The Contractor shall complete certain minimum amounts of work under this Contract by specified times as shown in the following Schedule of Intermediate Completion Times.

Intermediate Completion Minimum Percentage Dollar

Time, In Consecutive Value of Work Required to

Calendar Days After be Completed Under the

Contractor's Receipt of Written Contract Shown

Notice to Proceed (Total Base Bid) 30 33% 60 66%

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90 100%

Time is of the essence for final completion of all work within the time limit established from the Contractor's receipt of the Notice to Proceed and for intermediate completion of the work covered by the Base Bid by the above Intermediate Completion Times. All work shall be completed within four (4) months of the Notice to Proceed or subject to liquidated damages of $500.00 per day.

0.22 Damages

The bidder shall refer to the Article of the Contract entitled, "Damages and Liquidated Damages".

0.23 Site Conditions

Bidders are required to make any investigations of site conditions bidder shall deem necessary. However, prior to any site investigation, the bidder shall obtain the permission of the Owner and the bidder shall ascertain the location of underground utilities and structures. The bidder shall be responsible for any damage caused by the bidder, shall restore the site to its original condition and shall repair any damage resulting from such investigations. In addition, prior to undertaking any on-site investigations, the Bidder shall furnish the Owner with a certificate of insurance that is in accordance with the Contract Article, entitled "Insurance".

0.24 Cost Breakdown, Construction Schedule and Shop Drawing Submission Schedule

On a date and time set by the Owner and notified to the successful bidder, but in any case within twenty-one (21) days, Sundays and holidays excepted, after notification of the award of the Contract, the successful bidder shall deliver to the Owner and the Engineer (in addition to the other documents referred to in the Article of the Information for Bidders entitled, "Failure of Bidders to Enter Contract"), a detailed Cost Breakdown, a detailed Construction Schedule Bar Graph and a detailed Shop Drawing Submission Schedule. The breakdown and schedules are for the review of the Owner and the Engineer who may elect to comment upon the contents as it may suit their respective interests. No Contract will be signed by the Owner until these documents are satisfactory to the Owner and Engineer and the Contractor hereby agrees to any extension of the time limit set forth in N.J.S.A. 40A:11-24(b) necessary for this purpose.

A cost breakdown is not required for contracts with all unit price items.

Neither the comments upon nor the acceptance of the Cost Breakdown or Construction Schedule Bar Graph or Shop Drawing Submission Schedule by the Owner or Engineer shall relieve the Contractor of his responsibility for the means, methods, techniques, sequences and procedures of construction, or for the safety precautions and programs incident thereto; and neither the Owner nor the Engineer will be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents.

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The detailed Cost Breakdown will be a reference document to which the Owner and Engineer may (but need not) refer in determining the value of the work-in-place in order to approve the periodic Applications for Payment. The detailed Cost Breakdown must be sufficiently detailed to permit complete appraisal of the work to the degree that will permit all parties to be fairly treated. This breakdown will not necessarily be used as a basis for determining the cost of any change orders that might occur during the period of construction.

The Cost Breakdown shall set forth, in detail, a true and representative breakdown of costs, by each major Specification Division, for each of the individual components listed in the Scope of Contract; and shall include the expected delivered costs of all materials and equipment to be installed and the costs for the plant, labor, construction equipment, facilities, services and overhead to be incurred in connection with each such component and in connection with the Contract generally. The Cost Breakdown must also include line items for testing and maintenance, where applicable. The Cost Breakdown shall, as nearly as possible, reflect the true cost of each item, and the Owner reserves the right to reject the Cost Breakdown if the Owner considers it unbalanced, unreasonable, unsatisfactory or lacking in detail. The burden of proof shall be upon the Contractor to substantiate the correctness of the proposed Cost Breakdown as fit for its intended purpose. If the Contractor fails to provide a Cost Breakdown satisfactory to the Owner, the Owner shall, in its sole discretion, have the right to have a Cost Breakdown supplied by the Engineer and, in such case, the Contractor agrees to be bound by the Cost Breakdown to be supplied by the Engineer. In preparing his bid, the Contractor shall limit mobilization costs in accordance with N.J.A.C. 7:14-2.9(b).

The Construction Schedule Bar Graph must be submitted on a date and time set by the Owner and notified to the successful bidder, but in any case within ten (10) days, Sundays and holidays excepted, after notification of the award of the Contract.

The Construction Schedule Bar Graph is to be a graphical representation of all significant construction and construction-related activities indicating their duration and the concurrence with the various contract activities.

The Construction Schedule Bar Graph must be in accordance with the calendar days permitted for construction and the Intermediate Completion Times and must indicate appropriately the percentage of work scheduled for completion by any given day of the Schedule.

The Construction Schedule Bar Graph must be in accordance with the calendar days permitted for construction and the Intermediate Completion Times and must indicate appropriately the percentage of work scheduled for completion by any given day of the Schedule.

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The detailed Shop Drawing Submission Schedule must account for each item for which shop drawings are required, must indicate the equipment manufacturer proposed for use and the time frame estimated from first submittal to projected final approval of any item.

The Contractor shall enter his actual progress on the Construction Schedules and shall deliver copies to the Owner and Engineer at least once each month. If at any time, in the opinion of the Owner, progress is not being maintained as required by the Construction Schedules, amendments shall be made to the Schedules to regain the progress in the work required by the Contract Documents, without additional cost to the Owner. In this circumstance the Owner may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for review any amendments to the Construction Schedules as the Owner deems necessary to demonstrate how the required rate of progress will be regained. The amendments shall be subject to the review of the Owner, but action or inaction by the Owner shall not relieve the Contractor of any responsibility under the Contract. Failure of the Contractor to comply with the requirements of the Owner shall be grounds for the Owner to order the Contractor to discontinue the work under the Article of the Contract entitled, "Right of the Owner to Terminate the Contract or Give a Three (3) Day Deficiency Notice".

Further, the Contractor may be required by the Owner to submit supplementary construction schedules, concurrent with applications for monthly progress payments, which will show the order in which the Contractor will start various parts of the work and the estimated dates of completion of these parts. Such submissions, acceptable to the Owner and Engineer, shall be a prerequisite for consideration of applications for progress payments and shall be revised to indicate the progress of the work and the projected schedule at the time of the applications for the progress payments.

0.25 Field Measurements

The Drawings show existing conditions only in a general way, and it shall be the responsibility of the Contractor to verify all distances and locations in the field.

0.26 Preconstruction and Progress Video

The following are the requirements for Preconstruction and Construction video:

1. The Contractor shall furnish a video showing the state of the project and all stages of construction as deemed appropriate by the Engineer.

2. The video shall be forwarded to the Engineer as completed. All videotapes shall be referenced to indicate pertinent project information, including location and view, description of subject and names of the Owner, Engineer, Contractor and Photographer.

3. The Contractor shall furnish video showing the existing condition prior to the start of site and access clearing and construction. Special attention shall be given to environmentally critical areas and areas outside of the

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public right-of-way. Video shall be referenced by station so that upon completion of the construction, or during construction, if necessary, subsequent videos can be taken from the same control points.

4. The Contractor shall provide one video per month, as specified above, during the course of the project. A pre-construction video will also be required, prior to start of work.

5. The Engineer, at his discretion, may direct the manner, method, and units of the construction to be videotaped; therefore, before the video is to be taken, the Contractor shall notify the Engineer at least 24 hours in advance.

Video shall be referenced by exact location station so that upon completion of the construction, or during construction, if necessary, subsequent video can be taken from the same control points.

In the event that the Contractor delays in complying with above requirements, the Engineer, in conjunction with the Owner, may call in an experienced photographer to take such video and the cost thereof shall be borne by the Contractor.

0.27 Subsurface Structures and Utilities

The Contractor will be held solely responsible for locating and protecting all underground utilities and structures affected by Contractor activities or the work; including, but not limited to, utilities and structures of the Owner, and the Contractor shall comply with all applicable provisions of the Underground Facility Protection Act (PC 1994, C. 118). The Contractor shall notify, in writing, the owners of all utilities and structures that will or may be affected by the nature and scope of the project or the Contractor's operations.

The Contractor shall, at his own expense, arrange with the owners of all such utilities and structures for the location of their utilities and structures, and shall be responsible for the protection of subsurface structures and utilities, and shall pay all charges, costs and fees in connection therewith at his own expense.

Attention is particularly directed to the fact that the locations, elevations and sizes of utilities and other subsurface structures shown on the Contract Drawings are not warranted to be even approximately correct, nor can they be assumed to be the only subsurface piping or structures which may be encountered in the work. All required test pit excavations are to be performed prior to the start of work to locate existing subsurface piping and structures at the expense of the Contractor.

0.28 Materials and Equipment

In order to establish standards of quality, the Engineer, in the detailed Specifications, may have referred to certain products by name and/or catalog number. This procedure is not to be construed as eliminating from competition other products of equivalent or better

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quality by other suppliers or manufacturers where fully suitable in design and manufacture.

The Contractor's bid must be based upon the materials and equipment named in the Specifications, or materials and equipment of equivalent quality and effectiveness. The first named supplier shall be considered as the standard of reference, for the Engineers design and for the equivalency determination to be made by the Engineer.

Equivalent Materials and Equipment

Following execution of the Contract with the successful bidder, the Contractor may then submit to the Engineer for consideration the use of materials and equipment that the Contractor believes to be equivalent to or better than those specified.

To be considered an equivalent, the materials and equipment must be shown by the Contractor to meet all requirements of the Specifications herein; be of similar type, function and quality; be cost effective, as compared to the materials and equipment named, in all respects, including first costs, operating costs and maintenance costs; and must perform satisfactorily.

Substitution of Materials and Equipment

The procedure to be followed for review of proposed substitutions for the materials and equipment not equivalent to those specified is as follows:

Requests for review of substitute items of material and equipment will not be accepted by the Engineer from anyone other than the Contractor. If the Contractor wishes to furnish or use a substitute item of material or equipment, the Contractor shall make a written application to the Engineer for acceptance thereof, certifying that the proposed substitute will be similar and of equal or better substance and quality to that specified, will be suited to the same use and will perform properly the same functions as that specified.

The application will state whether or not acceptance of the substitute for use in the work will require a change in the Drawings or Specifications to adapt the design to the substitute and whether or not incorporation or use of the substitute in connection with the work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified shall be identified in the application and available warranties, maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such a substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Engineer in evaluating the proposed substitute.

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The Engineer may require the Contractor to furnish at the Contractor's expense, additional data about the proposed substitute. The Engineer will be the sole judge of acceptability and no substitute will be ordered or installed without the Engineer's prior written acceptance. The Owner may require the Contractor to furnish, at the Contractor's expense, a special performance guarantee or other surety with respect to any substitute.

Equivalent Materials and Equipment and Substitutions

The following provisions shall apply to both the furnishing of equivalent materials and equipment and to substitutions.

It shall be the responsibility of the…