Demolition_of_Various_Structures_and_Limited_Site_Improvements_at_Robert_Wilson_Park-791_Holmdel_Road_(Addendum__4_Revision).pdf

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Township of Holmdel

INVITATION FOR BID

03-2026

DEMOLITION OF VARIOUS STRUCTURES AND LIMITED SITE

IMPROVEMENTS AT ROBERT WILSON PARK-791 HOLMDEL ROAD

RELEASE DATE: June 8, 2026

RESPONSE DEADLINE: June 18, 2026, 10:00 am

Please refer to the project timeline in this document for all important deadlines.

Invitation For Bid #03-2026 Title: Demolition of Various Structures and Limited Site Improvements at Robert Wilson Park-791 Holmdel Road

Table Of Contents

1. INVITATION FOR BIDS

2. INSTRUCTIONS TO BIDDERS

3. BID SUBMISSION REQUIREMENTS

4. NO ASSIGNMENT OF BID

5. AWARD OF CONTRACT

6. WORK SPECIFICATIONS - GENERAL

7. SCOPE OF WORK

8. VEHICLES AND EQUIPMENT

9. ASSIGNMENT OF CONTRACT & PREVAILING WAGE REPORTING

10. SOLICITATION OF GRATUITIES

11. INVOICES PAYMENT PROCEDURES & LIQUIDATED DAMAGES

12. COMPETENCE OF EMPLOYEES

13. EMPLOYEE WAGE REPORTING

14. INSURANCE REQUIREMENTS

15. EXHIBIT A MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE

16. PROPOSAL PAGE

17. VENDOR QUESTIONNAIRE

18. Attachments

19. Advertisement

Attachments:

A - Technical Specs

B - Plans for Bidding

C - Form of Contract

D - Checklist Wilson Park

E - Subcontractor Identification

Title: Demolition of Various Structures and Limited Site Improvements at Robert Wilson Park-791 Holmdel Road

1. INVITATION FOR BIDS

Topic: Bid Opening: Demolition of Various Structures and Limited Site Improvements

Time: Jun 18, 2026 10:00 AM Eastern Time (US and Canada)

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1.1. TOWNSHIP COMMITTEE MEMBERS

THE TOWNSHIP OF HOLMDEL, COUNTY OF MONMOUTH is notifying of opportunity for Demolition of Various

Structures and Limited Site Improvements at Robert Wilson Park-791 Holmdel Road. Bids are to be received

Thursday, June 18, 2026 before 10:00 am via the Township's eProcurement Portal .

To: Township of Holmdel, Barbara Kovelesky, QPA.

TOWNSHIP COMMITTEE MEMBERS: Mayor: ROCCO IMPREVEDUTO, Deputy Mayor: BRIAN FOSTER , Greg

Buontempo, Joe Romano , Gary Vanderham , and Township Administrator: Christopher Cherbini https://us02web.zoom.us/j/89211915191?pwd=zD7GAs0gF90bzxdPUUb6xlPyGH98oH.1 mailto:89211915191@zoomcrc.com https://us02web.zoom.us/meetings/89211915191/invitations?signature=iHKAYTxKKfwIpN0MjhvX85Js8sMjdFraRY5LVORcKdY https://us02web.zoom.us/meetings/89211915191/invitations?signature=iHKAYTxKKfwIpN0MjhvX85Js8sMjdFraRY5LVORcKdY https://procurement.opengov.com/portal/holmdeltownship-nj

Title: Demolition of Various Structures and Limited Site Improvements at Robert Wilson Park-791 Holmdel Road

2. INSTRUCTIONS TO BIDDERS

2.1. The Bid

The Township of Holmdel is soliciting bid proposals from companies interested in responding to Demolition of

Various Structures and Limited Site Improvements at Robert Wilson Park-791 Holmdel Road. This bid is for a period of Lump Sum Award commencing on 06/30/2026 and ending on 09/30/2026 with an option of No renewal, fixed term contract or finished upon completion.. The option years may or may not be awarded solely at the Township's disdcretion in accordance with the terms of these bid specifications and N.J.S.A. 40A

11-1 et seq and any amendments thereto.

As part of this bid package, the Township is also seeking bids on an alternate option to include: Temporary black vertical fence with double gate with lock, 8 ft. wide, aluminum coated, 4 ft. high.

2.2. Changes to Bid Specifications

Notices of revisions or addenda to the bid documents will be issued no later than five business days before the

Thursday, June 18, 2026

2.3. BID OPENING

All bid proposals will be publicly opened and read by the Purchasing Agent or their designee at 10:00 am

Prevailing Local time via the Township's eProcurement Portal on Thursday, June 18, 2026 at 10:00 am. Bids must be delivered via the Township’s eProcurement Portal to the Office of Administration, before 10:00 am on

Thursday, June 18, 2026.

Bidder is solely responsible for the timely delivery of the Bid Proposal and no bids shall be considered which are presented after the public call for receiving bids. Any Bid Proposal received after the date and time specified will not be accepted. The Township is not responsible for any late, lost, or misdirected bids.

2.4. DEFINITIONS

"Bid guarantee," means the bid bond, cashier's check or certified check submitted as part of the bid proposal, payable to the contracting unit, ensuring that the successful bidder will enter into a contract.

"Bid proposal" means all documents, proposal forms, affidavits, certificates, statements required to be submitted by the bidder at the time of bid opening.

"Bid specifications" means all the documents requesting bid proposals for municipal recycling collection and marketing services as described herein.

"Certificate of insurance" means a document showing that an insurance policy has been written and includes a statement of the coverage of the policy.

Title: Demolition of Various Structures and Limited Site Improvements at Robert Wilson Park-791 Holmdel Road

"Consent of Surety" means a contract or certificate, submitted by the bidder (contractor) with their bid proposal, that guarantees the surety company will provide the successful bidder with the required performance and payment bonds if the contract is awarded to them.

"Contract" means the written agreement executed by and between the successful bidder and the governing body and shall include the bid proposal, and the bid specifications.

"Contract Administrator" is the person authorized by the contracting unit to procure and administer contracts for Demolition of Various Structures and Limited Site Improvements at Robert Wilson Park-791 Holmdel Road.

"Contracting unit" means a municipality or any board, commission, committee, authority or agency, and which has administrative jurisdiction over any district other than a school district, project, or facility, included or operating in whole or in part, within the territorial boundaries of any county to municipality which exercise actions which are appropriate for the exercise by one or more units of local government, and which has statutory power to make purchases and enter into contracts or agreements for the performance of any work of the furnishing or hiring of any materials or supplies usually required, the costs or contract price of which is to be paid with or out of public funds.

"Contractor" means the lowest responsible bidder to whom award of the contract shall be made.

"Contractor" or "subcontractor" means a contractor or subcontractor who employs less than 1,000 employees in the State of New Jersey for the purposes of P.L.2009, Chapter 88, N.J.S.A. 34:11-68 as it applies herein.

"Governing Body" means the governing body of the Township of Holmdel, New Jersey, when the contract or agreement is to be entered into by, or on behalf of a, municipality as further defined at N.J.A.C. 40A:11-2.

"Guarantor" means, if applicable, the parent corporation or other third party, its successors or assigns, which has in each case guaranteed the performance by the successful bidder of each of the bidders' obligations under the terms of this bid. Such guarantee shall be evidenced by an agreement executed by the Guarantor, a form of which is set forth in these specifications.

"Legal newspaper" means the NO VALUE.

"Proposal forms" mean those forms that must be used by all bidders to set forth the prices for services to be provided under the contract.

"Surety" means a company that is duly certified to do business in the State of New Jersey and that is qualified to issue bonds in the amount and of the type and character required by these specifications.

End of Definitons Section

Title: Demolition of Various Structures and Limited Site Improvements at Robert Wilson Park-791 Holmdel Road

3. BID SUBMISSION REQUIREMENTS

3.1. BID PROPOSAL

A. Each document included in the Proposal must be properly completed in accordance with these solicitation specifications and any applicable federal, state, or local regulations. No proposer shall submit the required information on any form other than those provided or explicitly approved as part of this solicitation package.

B. Bid Proposals must be submitted through the Township’s eProcurement Portal, as detailed in the Public

Advertisement, prior to the official time: 10:00 am on the designated Thursday, June 18, 2026. Submissions received at or after the stated time will not be accepted.

C. Submission Authorization

By submitting a bid through the OpenGov e-procurement platform, the individual submitting the proposal certifies that they are an authorized representative of the firm. The act of submission constitutes an official acknowledgment of all bid terms and conditions on behalf of the bidder. The individual submitting this proposal and the firm they represent affirm the following:

A. For a corporation, the submission is made by a principal executive officer or a duly authorized representative.

B. For a partnership or sole proprietorship, the submission is made by a general partner or the proprietor, or a duly authorized representative.

C. For a duly authorized representative, the person submitting this proposal has been given written authority by one of the individuals described above, with that authorization specifying either the individual or a position responsible for the overall operation of the business.

D. Non-Responsive Bids

Any bid proposal that does not comply with the requirements of the Bid Specifications in a material way will be rejected as non-responsive.

3.2. BID GUARANTEES

A Bid Guarantee in the form of a Bid Bond, Cashier's Check or Certified Check, made payable to the Township of Holmdel in the amount of 10% of the highest aggregate Base Bid, not to exceed twenty thousand dollars

($20,000) must accompany each Bid Proposal. In the event that the bidder to whom the Contract is awarded fails to enter into the Contract in the manner and within the time required, the award to the bidder shall be rescinded and the bid guaranty shall become the property of the Township of Holmdel.

3.3. EXCEPTIONS TO THE BID SPECIFICATIONS

Title: Demolition of Various Structures and Limited Site Improvements at Robert Wilson Park-791 Holmdel Road

Any conditions, limitations, provisions, amendments, or other changes attached to or added by the bidder to any of the provisions of these Bid Specifications or any changes made by the bidder on the Proposal Forms shall result in the rejection of the Bid Proposal by the Township of Holmdel.

3.4. "OR EQUAL" SUBSTITUTIONS

Whenever the Work Specifications identify a brand name, trade name or a manufacturer's name, this designation is used for classification or descriptive purposes only, and the bidder may substitute an equal product, subject to the approval of the Township of Holmdel.

Whenever the Work Specifications identify a brand name, trade name or a manufacturer's name, this designation is used for classification or descriptive purposes only, and the bidder may substitute an equal product, subject to the approval of the Township of Holmdel. A. Brand names and/or descriptions used in these specifications are to acquaint bidders with the types of goods and services or materials and items desired and will be used as a standard by which goods and services or materials and items offered as equivalent will be evaluated. B. Variations between the goods and services or materials and items described and the goods and services or materials and items offered are to be fully identified and described by the bidder on a separate sheet and submitted with the bid proposal form. Vendor literature WILL NOT suffice in explaining exceptions to these specifications. In the absence of any exceptions by the bidder, it will be presumed and required that the goods and services or materials and items as described in the bid specification be provided or performed. C. When a specification uses "brand name or equivalent," the listed brand name shall serve as a reference or point of comparison for the functional or operational characteristic desired for the material being requested. Where a bidder submits an equivalent, it is the responsibility of the bidder to document and/or demonstrate the equivalency of the goods and services offered. Failure to submit such documentation shall be grounds for rejection of the claim of equivalence. The Owner reserves the right to evaluate the equivalency of the goods and services. D. In submitting its bid, the bidder certifies that the goods and services or materials and items to be furnished will not infringe upon any valid patent or trademark and that the successful bidder shall, at its own expense, defend any and all actions or suits charging such infringement, and will save the Owner harmless from any damages resulting from such infringement. E. Only manufactured and farm products of the United States, wherever available, shall be used pursuant to N.J.S.A.

40A:11-18. F. The contractor shall guarantee any or all goods and services or materials and items supplied under these specifications. Defective or inferior goods, materials, or items shall be replaced at the expense of the contractor. The contractor will be responsible for return freight or restocking charges.

3.5. COMPLIANCE

The bidder shall be familiar with and comply with all applicable local, state and federal laws and regulations in the submission of the Bid Proposal and, if the bidder is awarded the contract in the performance of the contract.

3.6. CONFLICT OF INTEREST AND NON-COLLUSION

Each bidder must execute and submit as part of the Bid Proposal a "Non - Collusion Affidavit" which at a minimum shall attest that:

Title: Demolition of Various Structures and Limited Site Improvements at Robert Wilson Park-791 Holmdel Road

A. The bidder has not entered into any agreement or participated in any collusion with any person, corporate entity or government entity, or competitive bidding either alone or with any person, corporate entity or government entity in connection with the above named project;

B. All statements made in the bid proposal are true and correct and made with the full knowledge that the contracting unit relies upon the truth of those statements in awarding the contract; and

C. No person or business is employed to solicit or secure the contract in exchange for commission, percentage brokerage agreement or contingency fee unless such person has been disclosed to the Township of Holmdel.

Title: Demolition of Various Structures and Limited Site Improvements at Robert Wilson Park-791 Holmdel Road

4. NO ASSIGNMENT OF BID

4.1. NO ASSIGNMENT OF BID

The bidder may not assign, sell, transfer or otherwise dispose of the Bid or any portion thereof or any right or interest therein. This section is not intended to limit the ability of the successful bidder to assign or otherwise dispose of its duties and obligations under the contract provided that the Township of Holmdel agrees to the assignment or disposition. No such assignment of disposition shall become effective without the written approval of the New Jersey Department of Environmental Protection.

Title: Demolition of Various Structures and Limited Site Improvements at Robert Wilson Park-791 Holmdel Road

5. AWARD OF CONTRACT

5.1. GENERAL

A. The Township of Holmdel shall award the contract or reject all bids within the time specified in the invitation to bid, but in no case more than 60 days, except that the bids of any bidders who consent thereto may, at the request of the contracting unit, be held for such longer period as may be agreed. All bidders will be notified of the Township of Holmdel's decision, in writing.

B. The contract will be awarded to the bidder whose aggregate bid price for the selected service option is the lowest responsible bid.

C. The Township of Holmdel reserves the right to reject any bid not prepared and submitted in accordance with the provisions hereof, and to reject any or all bids. In the event that the Township of Holmdel rejects all bids, the Township shall publish a notice of rebid no later than ten days, Saturdays, Sundays and holidays excepted, prior to Thursday, June 18, 2026

5.2. NOTICE OF AWARD AND EXECUTION OF CONTRACT

A. Within sixty (60) calendar days of the award of the contract, the Township of Holmdel shall notify the successful bidder in writing, at the address set forth in the Bid Proposal and such notice shall specify the place and time for delivery of the executed contract. This notice will specify the location and time for delivery of the executed contract along with the following required documents: Required prior to contract award..

B. The appropriate affirmative action documentation shall be returned within seven (7) days.

C. Failure to deliver the aforementioned documents as specified in the notice of award shall be cause for the

Township of Holmdel to declare the Contractor nonresponsive and to award the contract to the next lowest bidder.

D. CONSTRUCT ION CONTRACTS

1) After notification of award, but prior to signing the Contract, the successful Bidder shall submit to the public agency compliance officer and the Dept. of LWD, Construction EEO Monitoring

Program (Division) an initial project workforce report (Form AA-201) electronically provided to the public agency by the Division, through its website for distribution to and completion by the

Contractor, in accordance with N.J.A.C. 17:27-7.

2) The Contractor shall also submit a copy of the Monthly Project Workforce Report once a month thereafter for the duration of the contract to the Division and to the public agency compliance officer. The Contractor shall also cooperate with the public agency in the payment of budgeted funds, as is necessary, for on-the job and/or off-the-job programs for outreach and training of minorities and women.

E. CHANGES IN ESTIMATED QUANTITIES

In entering this Contract, the Contractor agrees that the quantities of Work as stated in the Bid Proposal or indicated on the Plans are only approximate. The Owner may increase or decrease the quantity of Work

Title: Demolition of Various Structures and Limited Site Improvements at Robert Wilson Park-791 Holmdel Road to be performed by the Contractor. The Contractor agrees to accept payment for the actual amount of

Work performed under each item as measured in place by the Engineer.

5.3. RESPONSIBLE BIDDER

The Township of Holmdel shall determine whether a bidder is "responsible" in accordance with N.J.S.A. 40A:

11-6.1. The Bid Proposal of any bidder that is deemed not to be "responsible" shall be rejected.

5.4. PERFORMANCE BOND

A. For the duration of the contract award, the successful bidder shall provide a performance bond issued by a

Surety in an amount equal to no more than 100% of the annual value of the contract. The successful bidder shall provide said performance bond concurrent with the delivery of the executed contract at the address indicated in the advertisement. The performance bond for each succeeding year shall be delivered to the

Township of Holmdel with proof of full payment of the premium one hundred twenty (120) days prior to the expiration of the current bond.

B. Failure to deliver a performance bond for any year of a multiyear, contract one hundred twenty (120) days prior to the termination of the current bond will constitute a breach of contract and will entitle the Township of Holmdel to terminate the contract upon the expiration of the current bond. Notwithstanding termination pursuant to this section, the Contractor is obligated to fully perform through the date of termination of the contract and damages shall be assessed in an amount to the costs incurred by the Township of Holmdel in rebidding the contract including any increase in the contract amount.

C. Failure to deliver the performance bond at the time and place specified by the Township of Holmdel shall be cause for the assessment of damages in an amount equal to the amount of the bid guarantee.

5.5. AFFIRMATIVE ACTION REQUIREMENTS

If awarded a contract; the successful Respondent will be required to comply with the requirements of N.J.S.A.

10:5-31 et seq. and N.J.A.C. 17:27 et seq.

Within seven days after receipt of notification by the Township's intent to award the Contract the successful

Respondent must submit to the Township of Holmdel, one of the following three (3) documents:

1. A photocopy of a valid letter identifying that the contractor is operating under an existing federally approved or sanctioned affirmative action program, OR

2. A photocopy of a Certificate of Employment Information Report approval issued in accordance with N.J.A.C. 17:27-4, OR

Title: Demolition of Various Structures and Limited Site Improvements at Robert Wilson Park-791 Holmdel Road

3. A photocopy of an Employee Information Report (Form AA302) provided by the Division of Contract

Compliance and Equal Opportunity in Public Contracts and distributed to the public agency to be completed by the contractor in accordance with N.J.A.C. 17:27-4.

Failure to submit the affirmative action document by the fourteenth day shall be cause for the Township to declare the Contractor to be nonresponsive and to award the contract to the next lowest Respondent.

5.6. VEHICLE DEDICATION AFFIDAVIT

The Contractor must submit a Vehicle Dedication Affidavit that attests to one of the following:

• The successful bidder will dedicate a fixed number of vehicles, which have been reasonably calculated to meet the requirements of these specifications.

• If dedicating a fixed number of vehicles is not feasible, the Contractor must agree that the Township of

Holmdel will receive credit for its proportional share of any materials in the collection vehicle, and this credit will be based on its share of materials at the time they are marketed.

5.7. ERRORS IN PRICE CALCULATION

All pricing must be submitted electronically through the designated Proposal Page via the Township's eProcurement Platform. The software automatically calculates and verifies all totals. The Township of Holmdel will consider the prices submitted via the electronic pricing tables as the official and binding bid prices for evaluation and award purposes. Mathematical errors are automatically corrected upon entry, ensuring all bids are complete and accurate. While the electronic platform automatically corrects mathematical errors, bidders remain solely responsible for any and all errors in judgment, including but not limited to, underestimating costs, misinterpreting the scope of work, or submitting an unprofitably low bid. Such errors are not subject to correction and will not be considered a basis for contract relief or modification after the bid submission deadline.

Title: Demolition of Various Structures and Limited Site Improvements at Robert Wilson Park-791 Holmdel Road

6. WORK SPECIFICATIONS - GENERAL

6.1. Technical Specifications

See under #8 "Attachments-A"

6.2. Plans for Bidding

See under #8 "Attachments-B"

6.3. Site Assessment and Compliance

Bidders are strongly advised to thoroughly review all project locations and site conditions prior to submitting a

Bid Proposal. Although general requirements apply across the project, some locations may present unique circumstances or specific requirements that must be fully accounted for.

It is the Bidder's sole responsibility to gain a comprehensive understanding of, and ensure full compliance with, all applicable local regulations and any project-specific rules for each location.

All prices submitted in the Bid Proposal must reflect this comprehensive understanding and adequately cover the costs associated with all site-specific requirements and conditions.

Title: Demolition of Various Structures and Limited Site Improvements at Robert Wilson Park-791 Holmdel Road

7. SCOPE OF WORK

Develop your Scope of Work (SOW) either by composing it in this space or by adding it as an attachment. You may also explore the Scope of Work Library to borrow applicable language from other agencies' SOWs.

7.1. Demolition of Various Structures and Limited Site Improvements at Robert

Wilson Park

The scope of Work contemplated for the abovenamed Project located at 751 Holmdel Road includes obtaining applicable permits, rodent extermination, providing traffic and pedestrian protection and signage, installation of soil erosion measures, abatement of asbestos and hazardous materials and universal waste, and lead-based paint management, building demolition including the removal of nineteen (19) structures, building and structures footings and foundations, site items, concrete slabs, disconnection of utilities, providing clean fill, backfilling the sites to meet surrounding grades, compaction testing, access road limited repairs, fencing, and restoration of the site by providing topsoil and seeding as well as all other Work of any type or description necessary for contemplation of the Project, whether or not specifically described in these Contract Documents. All Work on this Contract shall be completed within ninety (90) Calendar Days from Notice to Proceed.

Title: Demolition of Various Structures and Limited Site Improvements at Robert Wilson Park-791 Holmdel Road

8. VEHICLES AND EQUIPMENT

8.1. VEHICLES AND EQUIPMENT

A. Each bidder shall submit with his proposal, a description of all equipment to be used in the performance of the proposed contract.

B. All vehicles used in the performance of this contract shall be properly registered and shall comply with all applicable federal, state, and local environmental and safety regulations. In addition, vehicles shall be designed to meet current industry safety standards, including those established by the American National

Standards Institute (ANSI) or equivalent governing bodies.

C. All vehicles shall be maintained in good working order and shall be constructed, used and maintained so as to reduce unnecessary noise, spillage and odor. In addition, all vehicles shall be of a uniform color and shall be in good repair. Finally, all vehicles shall enter the Township of Holmdel devoid of any material from other sources. The NO VALUEDepartment Heads or their designee shall have the right to inspect all vehicles, at any time, during the term of this contract, and the Contractor shall comply with all reasonable requests relative to the maintenance and repair of said vehicles and other equipment used in the execution of this contract. All

Vehicles are to be equipped with Equipment Certification Attached.

D. The NO VALUEDepartment Heads or his designee may order any of the Contractor's vehicles used in the performance of the contract out of service if the vehicle is not maintained in accordance with the requirements of these Work Specifications. In such event, the Contractor shall replace such vehicle, at its sole cost and expense, with a conforming vehicle satisfactory to the Contract Administrator.

Title: Demolition of Various Structures and Limited Site Improvements at Robert Wilson Park-791 Holmdel Road

9. ASSIGNMENT OF CONTRACT & PREVAILING WAGE REPORTING

9.1. ASSIGNMENT OF CONTRACT

All parties understand that if, during the life of the contract, the contractor disposes of his/her business concern by acquisition, merger, sale and or/transfer or by any means convey his/her interest(s) to another party, all obligations are transferred to that new party. In this event, the new owner(s) will be required to submit all documentation/legal instruments that were required in the original Proposal/contract.

The contractor will not assign any interest in the contract and shall not transfer any interest in the same without the prior written consent of the Township.

9.2. EMPLOYEE WAGE REPORTING

The contractor and any subcontractors engaged under this contract shall comply with all applicable federal, state, and local labor laws and regulations concerning the documentation and recordkeeping of individuals employed in the performance of this contract. This includes, but is not limited to, maintaining accurate records of hours worked, wages paid, and classifications of labor, as required by governing authorities.

1) The contractor shall keep an accurate record showing the name, the actual hourly rate of wages paid to, and the actual daily, overtime and weekly hours worked by, each individual engaged in the collection and transportation work done under the contract, and any other records deemed necessary by the commissioner for the enforcement of wage payments. In addition, the records shall be preserved for two years from the date of payment. The record shall be open at all reasonable hours to the inspection of the Borough of Florham

Park awarding the contract, any other party to the contract, and the commissioner.

2) By entering into a contract, the contractor acknowledges the provisions of N.J.S.A. 34:11-68 with regard to the authority of the Commissioner of the Department of Labor and Workforce Development to investigate the contractor or subcontractor's wages and any penalties that may result from failure to comply.

Title: Demolition of Various Structures and Limited Site Improvements at Robert Wilson Park-791 Holmdel Road

10. SOLICITATION OF GRATUITIES

10.1. Solicitation of Gratuities

The Contractor shall ensure that no agent or employee shall solicit or receive gratuities of any kind for any of the work or services provided in connection with the contract.

Title: Demolition of Various Structures and Limited Site Improvements at Robert Wilson Park-791 Holmdel Road

11. INVOICES PAYMENT PROCEDURES & LIQUIDATED DAMAGES

11.1. Invoices Payment Procedures & Liquidated Damages

Please submit all invoices for Demolition of Various Structures and Limited Site Improvements at Robert

Wilson Park-791 Holmdel Road in accordance with the requirements outlined below.

Payment Instructions:

6.4.5 PROGRESS PAYMENT CERTIFICATES. The Engineer will, within five (5) Calendar Days after receipt of each

Progress Payment Application, either issue a Progress Payment Certificate to the Owner, with a copy to the

Contractor, for such amount as the Engineer determines is properly due, or notify the Owner and Contractor in writing of the Engineer’s reasons for rejecting the Contractor’s Progress Payment Application and withholding the Progress Payment Certification in whole or in part. If a Progress Payment Application is rejected by the Engineer, the Contractor may make the corrections or revisions requested by the Engineer and resubmit the application. At the Engineer’s discretion, items in dispute may be deleted from a Progress

Payment Application and Engineer may forward the amended progress payment certificate to the Owner for final approval. 6.4.6 PROGRESS PAYMENTS. (A) FINAL DETERMINATION BY OWNER. 1) After the Engineer has issued a Progress Payment Certificate, the Owner will review all provided documentation and make a clear and final determination as to whether or not the Contractor is entitled to the corresponding Progress

Payment. If the Owner disputes any portion of the provided documentation pertaining to a Progress Payment, the Owner will issue timely written notice including specific reasons for rejection to the Contractor and

Engineer within the time allowed by N.J.S.A. 2A:30A-1 et seq., normally twenty (20) Calendar Days of the actual periodic Progress Payment billing estimate date if the governing body of the Owner is not required to approve all bills prior to payment or by the public meeting of the governing body of the Owner next following twenty (20) Calendar Days of the actual periodic Progress Payment billing estimate date if the governing body is required to approve all bills prior to payment. 2) Payment for eighty percent (80%) of the invoiced amount for stored materials and / or equipment shall be subject to the following conditions being met and/or satisfied: a) The materials and / or equipment shall be received in a condition satisfactory for incorporation in the Work; b) The materials and / or equipment shall be stored in such a manner that they will not be damaged due to weather, construction operations, or any other cause; c) An invoice from the supplier shall be furnished for each item; and d) A release of liens from the supplier shall be furnished for each item. (B) APPROVED

PROGRESS PAYMENTS. 1) The Owner shall pay to the Contractor all approved Progress Payments, or approved undisputed portions of Progress Payments, within thirty (30) days of the actual periodic Progress Payment billing date if the Owner is not required to approve all bills prior to payment or, if the OWNER is required to approve all bills prior to payment, in the next normal payment cycle of the Owner following action by the governing body of the Owner at the public meeting of governing body next following twenty (20) Calendar

Days after the actual periodic Progress Payment billing date. 2) The Engineer shall not be required to prepare or process for payment any current Progress Payment Application whose aggregate amount is less than

$1,000.00 or one percent (1%) of the Contract Sum, whichever sum be the lesser. (C) RETAINAGE 1) If the

Contract Sum is greater than $100,000, then two percent (2%) of the approved progress payment amount shall be retained by the Owner as retainage until after the completion of the entire Contract in an acceptable

Title: Demolition of Various Structures and Limited Site Improvements at Robert Wilson Park-791 Holmdel Road manner. 2) Pursuant to N.J.S.A. 40A:11-16.3 (b), upon Final Completion, all amounts being withheld by the

Owner shall be released and paid in full to the Contractor within forty-five (45) Calendar Days of the Final

Completion date agreed upon by the Contractor and the Owner, without withholding of any amounts for any purposes whatsoever, provided that the Contract has been completed as indicated. 3) If the Contractor agrees to the withholding of Progress Payments, the amount withheld shall be deposited, with a banking institution or savings and loan association insured by an agency of the Federal government, in an amount bearing interest at the rate currently paid by such institution or association on time or savings deposits. Any interest accruing on such cash withholdings shall be credited to the Owner. 4) If the Contractor deposits bonds and/or notes, the interest on such bonds and / or notes shall accrue to the Contractor. The interest accruing on such bonds and notes, shall be returned to the Contractor within thirty (30) Calendar Days of fulfillment of the terms and conditions of the Contract relating to final acceptance and payment. (D) DECISIONS TO WITHHOLD

CERTIFICATION AND PROGRESS PAYMENTS The Owner and/or Engineer may withhold in whole or in part

Progress Payment Certificates or Progress Payments due to any of the following: a) Defective Work is not remedied; b) Third party claims filed or reasonable evidence indicating the probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; c) Liens filed or reasonable evidence indicating the probable filing of such liens unless security acceptable to the Owner is provided by the

Contractor; d) Failure of the Contractor to provide updated schedules for the performance of the Work on the

Project: e) Failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; f) Failure of Contractor to submit Shop Drawings as required by the Contract Documents; g)

Failure of Contractor to maintain and / or provide evidence of the minimum required insurance; h) Failure to provide required documentation of the quantity and acceptability of the completed Work including, but not limited to, reports of laboratory testing, field measurements, shipping invoices, delivery tickets, and manufacturer certificates; i) Reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; j) Damage to the Owner or a separate contractor; or k) Reasonable evidence that the

Work will not be completed within the Contract time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay. When all the above grounds are removed or conditions precedent met, payment will be issued for amounts withheld because of them. (E) PAYMENT AND

ACCEPTANCE 1) The payment of any estimate, or of any retained percentage, shall in no way release or waive the Contractor’s obligation at its own cost and expense, to repair, correct, renew or replace any defects and imperfections, in the construction of, in the strength of, or quality of materials used in or about the construction of the Work under the Contract, and its appurtenances as well as all damage due or attributable to such defects, which defects, imperfections, or damages shall be discovered on or before final inspection and acceptance of the Work or during or after the maintenance period, and of which defects, imperfections or damages the Engineer shall be the judge, and the said Contractor shall be liable to the Owner for failure to do

so. 2) At the time of acceptance, the whole Work must have been finished in a neat and workmanlike manner and must be in that condition at that date. Defects arising from any cause or at any time before acceptance must be made good and the whole Work put in the condition as herein specified before acceptance. 3) If at any time of making monthly or other estimates, the Engineer should neglect to condemn defective material or work, such neglect shall not be construed as an acceptance of any such material or Work. 4) Neither the acceptance by the Owner or the Engineer, nor by any of their employees, nor any order, measurement or certificate of the Engineer, nor any order by the Owner for payment of money, nor any payment for, nor

Title: Demolition of Various Structures and Limited Site Improvements at Robert Wilson Park-791 Holmdel Road acceptance of, the whole or any part of the Work by the Engineer or the Owner, nor any extension of time, nor any possession taken by the Owner or employees thereof, shall operate as a waiver of any portion of this

Contract or any power herein reserved to the Owner, or any right to damages herein provided, nor shall any waiver of any breach of this Contract be held to be a waiver of any other or subsequent breach. All remedies provided in this Contract shall be taken and construed as cumulative, that is, in addition to each and every other remedy herein provided. (F) FINAL PAYMENT 1) Upon Final Completion of the Work, the Engineer shall certify to the Owner, in writing, as to the Final Completion of the Work and shall further certify as to the entire amount and value of each class of Work performed. 2) The Owner after receipt of such certificates and within the time allowed by N.J.S.A. 2A:30A-1 et seq., shall certify and pay the amount unpaid and due, which amount shall be one hundred percent (100%) of the entire cost of the Work, less previous payments, liquidated damages, costs of inspection and any other proper deduction as herein provided. (G) MINOR MODIFICATIONS

The Owner shall be required to authorize all Change Orders, except that in accordance with N.J.A.C. 5:30-11.4, minor field modifications may be authorized, provided that they do not affect the overall scope of Work of the

Contract, by the Engineer. This type of Change Order shall result only in minor price increases to the originally awarded Contract Sum. (H) CHANGE ORDERS All adjustment of quantities, contract changes, and change orders shall be made in accordance with N.J.A.C. 5:30-11 et seq and N.J.S.A. 40A:11-16.7. The Contractor should be familiar with these regulations. Provisions of these Contract Documents which conflict with the contents of N.J.A.C. 5:30-11 et seq. or N.J.S.A. 40A:11-16.7 are null and void only to the extent of such conflict.

MI N O R MO D I F I C A T I O N S , before any additional or supplementary Work is performed, the Engineer will prepare a Change Order for any such changes in quantities, additional items or other alterations in the requirements of the Contract Documents and obtain the Owner’s approval thereof. The Engineer shall also prepare a reduction order prior to final payment if any quantities have been reduced or eliminated. These

Change Orders shall be written, shall carry a statement or recommendation over the signature of the Engineer and shall be executed by the Contractor and the Owner. These orders shall be combined with the original

Contract and the final Contract value shall be in accord with this combination.

General Invoice Requirements:

Your invoice must specify, at a minimum:

• The total amount of the invoice.

• A clear and detailed description of the goods or services provided.

• The relevant purchase order number, contract number, or project name.

• The date of service or delivery.

• Your company's name and contact information.

• Township of Holmdel and billing address.

11.2. LIQUIDATED DAMAGES

Liquidated Damages

Title: Demolition of Various Structures and Limited Site Improvements at Robert Wilson Park-791 Holmdel Road

The successful proposer shall be required to enter into a contract with the Township of Holmdel, New Jersey that includes a liquidated damages clause. This clause will specify that if the proposer fails to meet the agreed-upon obligations and timelines, the Township will be entitled to a pre-determined amount as a reasonable estimation of damages. The amount of liquidated damages per instance of non-compliance shall be

LIQUIDATED DAMAGES FOR NON-COMPLETION: CONTRACT AMOUNT CHARGE Per Calendar Day Up to

$100,000 $500/C.D. Up to $1,000,000 $1,000/C.D. Up to $2,000,000 $1,500/C.D. Up to $5,000,000

$2,000/C.D. Over $5,000,000 $3,000/C.D. .

Title: Demolition of Various Structures and Limited Site Improvements at Robert Wilson Park-791 Holmdel Road

12. COMPETENCE OF EMPLOYEES

12.1. Competence of Employees

The Contractor's employees must be competent in their work, and if any person shall appear incompetent or disorderly, the Township of Holmdel shall notify the Contractor and specify how the employee is incompetent or disorderly and the Contractor shall take steps to correct and remedy the situation, including disciplinary action if necessary. Any employee who drives or will drive a vehicle in the course of the employee's employment pursuant to the Contract must possess a valid New Jersey driver's license for the type of vehicle operated.

12.2. Supervision of Employees

The Contractor shall employ a Superintendent or Foreman who shall have full authority to act for the

Contractor. The Contractor shall notify the ProcurementDepartment Heads or their Designee, in writing, that a

Supervisor has been appointed. Such notification shall be given prior to beginning performance on the contract. The Contractor shall promptly notify the NO VALUE Department Heads or their Designee, in writing, of any The NO VALUEDepartment Heads changes. The Township may at its discretion meet with the

Contractor on a monthly basis or more frequently, if desired.

Title: Demolition of Various Structures and Limited Site Improvements at Robert Wilson Park-791 Holmdel Road

13. EMPLOYEE WAGE REPORTING

13.1. Employee Wage Reporting

The contractor and any subcontractor thereof engaged under a contract pursuant to this specification is subject to and shall comply with the provisions of N.J.S.A. 34:11-68 with respect to record keeping of all individuals engaged in the collection or transportation of solid waste or recyclable material, excluding recycled or reclaimed asphalt or concrete, collected under this contract as follows:

1) The contractor shall keep an accurate record showing the name, the actual hourly rate of wages paid to, and the actual daily, overtime and weekly hours worked by, each individual engaged in the collection and transportation work done under the contract, and any other records deemed necessary by the commissioner for the enforcement of wage payments. In addition, the records shall be preserved for two years from the date of payment. The record shall be open at all reasonable hours to the inspection of the Borough of Florham

Park awarding the contract, any other party to the contract, and the commissioner.

2) By entering into a contract, the contractor acknowledges the provisions of N.J.S.A. 34:11-68 with regard to the authority of the Commissioner of the Department of Labor and Workforce Development to investigate the contractor or subcontractor's wages and any penalties that may result from failure to comply.

Title: Demolition of Various Structures and Limited Site Improvements at Robert Wilson Park-791 Holmdel Road

14. INSURANCE REQUIREMENTS

14.1. BID SECURITY AND BONDING REQUIREMENTS

See Below:

14.2. BID GUARANTEE

Bidder shall submit with the bid a certified check, cashier's check or bid bond in the amount of ten percent

(10%) of the total price bid, but not in excess of $20,000, payable unconditionally to the owner. When submitting a Bid Bond, it shall contain Power of Attorney for full amount of Bid Bond from a surety company authorized to do business in the State of New Jersey and acceptable to owner. The check or bond of the unsuccessful bidder(s) shall be returned pursuant to N.J.S.A. 40A:11-24a. The check or bond of the bidder to whom the contract is awarded shall be retained until a contract is executed and the required performance bond or other security is submitted. The check or bond of the successful bidder shall be forfeited if the bidder fails to enter into a contract pursuant to N.J.S.A. 40A:11-21. Failure to submit a bid guarantee shall result in rejection of the bid.

14.3. CONSENT OF SURETY

Bidder shall submit with the bid a Certificate (Consent of Surety) with Power of Attorney for full amount of bid price from a Surety Company authorized to do business in the State of New Jersey and acceptable to the owner stating that it will provide said bidder with a Performance Bond in the full amount of the bid. This certificate shall be obtained in order to confirm that the bidder to whom the contract is awarded will furnish

Performance and payment Bonds from an acceptable surety company on behalf of said bidder, any or all subcontractors or by each respective subcontractor or by any combination thereof which results in performance security equal to the total amount of the contract, pursuant to N.J.S.A. 40A:11-22.

The Certificate (Consent of Surety) shall also provide that if the contract for which the bid is awarded has one or more option terms, Surety hereby specifically consents that, in the event the Owner exercises the option(s) to extend the contract for an additional term(s), the performance guarantee shall automatically be deemed to extend to cover such additional period and the amount of the performance guarantee shall automatically increase to cover any increase in the contract for the option term(s). Failure to submit a consent of surety form consistent with the above terms shall result in rejection of the bid.

14.4. PERFORMANCE BOND

A. For the one-year contract, the successful bidder shall provide a performance bond issued by a Surety in an amount equal to no more than 100% of the annual value of the contract. The successful bidder shall provide said performance bond to Holmdel's Purchasing Agent.

B. Failure to submit the required performance bond at the specified time and place may result in assessment of damages and/or forfeiture of award. The contracting entity reserves the right to award the contract to the next lowest responsible proposer or to terminate the procurement process and reissue the solicitation.

Title: Demolition of Various Structures and Limited Site Improvements at Robert Wilson Park-791 Holmdel Road

C. For a multi-year contract the successful bidder shall provide a performance bond issued by a Surety in an amount equal to no more than 100% of the annual value of the contract. The successful bidder shall provide said performance bond to the Purchasing Agent. The performance bond for each succeeding year shall be delivered to the Township of Holmdel with proof of full payment of the premium one hundred twenty (120) days prior to the expiration of the current bond.

D. Failure to deliver a performance bond for any year of a multi-year, contract one hundred twenty (120) days prior to the termination of the current bond will constitute a breach of contract and will entitle the Township to terminate the contract upon the expiration of the current bond. Notwithstanding termination pursuant to this section, the contractor is obligated to fully perform through the date of termination of the contract and damages shall be assessed in an amount to the costs incurred by the Township of Holmdel in re-bidding the contract.

14.5. MAINTENANCE BOND

Upon acceptance of the work by the owner, the contractor shall submit a maintenance bond (N.J.S.A. 40A:11-

16.3) in an amount not to exceed 100% of the project costs guaranteeing against defective quality of work or materials for the period of 2 years.

14.6. INSURANCE CERTIFICATE: Certificate of Insurance to be provided following award of contract.

1. Worker's Compensation insurance

Workers Compensation insurance shall be maintained in full force during the life of the contract, covering all employees engaged in performance of the contract pursuant to N.J.S.A. 34:15-12(a) and N.J.A.C. 12:235-1.6.

2. General Liability Insurance

The Contractor shall obtain General Liability Insurance on an "occurrence" form with a one million dollar

($1,000,000.00) combined single limit of inability per occurrence and a two million dollar ($2,000,000.00) annual aggregate. The owner and all other parties required by the Owner, shall be named as additional insureds on the general liability using Additional Insured-Owners, Lessees or Contractors CG2010, Additional

Insured - Owners,…