TOWNSHIP OF DENVILLE

MORRIS COUNTY, NEW JERSEY

RENOVATION OF A HISTORIC

STRUCTURE INTO A COMMUNITY

CIVIC CENTER

MAYOR

Thomas W. Andes

COUNCIL MEMBERS

Glenn R. Buie

Chrissy Kovacs Gary Borowiec

Adrienne Zimmermann Mark Venis

Robbie Simpson Lou Maffei

April 2026

John K. Ruschke

Professional Engineer - NJ Lic. No. 37148

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TOWNSHIP OF DENVILLE

MORRIS COUNTY, NEW JERSEY

RENOVATION OF A HISTORIC STRUCTURE INTO

A COMMUNITY CIVIC CENTER

NOTICE TO BIDDERS

NOTICE is hereby given that sealed bids will be received by the Township of Denville (hereinafter called the "Owner") for:

RENOVATION OF A HISTORIC STRUCTURE INTO

A COMMUNITY CIVIC CENTER

Sealed bids for the above named Contract, which comprises the renovation of a historic structure into a community civic center within the Township of Denville, Morris County, New Jersey ("Owner"), will be received at the Township Municipal Building, 1 Saint Mary’s Place, Denville, New Jersey 07834 on September 2, 2026, at 11:00 a.m. prevailing time, at which time they will be publicly unsealed and the contents publicly announced.

A Pre-Bid Conference will be held at the project site 501 Openaki Road, Denville, New Jersey 08934 on August 5, 2026, at 9:00 a.m. prevailing time. Contractors are strongly encouraged to attend the Pre-Bid Conference. Access to the existing building will be provided at that time.

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 consists of modernizing utilities, making the structure energy efficient, improving the structure framework, numerous safety improvements and making the facility fully ADA compliant. The work is located at the abandoned building at 501 Openaki Road (Block 20203, Lot 13) in the Township of Denville. Despite the age, the building is not listed in any State or Federal historic registries although the proposed design will attempt to maintain a historic feel and some original features. The work shall be completed within 270 calendar days of the Contractor's receipt of written Notice to Proceed.

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, cashier's check, or a certified check made payable to the Township of Denville in an amount equal to 10% of the amount of the total bid, but not exceeding $20,000.

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.

Bidders must use the prepared bid form which is contained in the Contract Documents. Each individual proposal must be separately enclosed in a sealed envelope addressed to the Township Clerk, 1 Saint Mary’s Place, Denville, New Jersey 07834 marked on the outside with the number of the contract(s) and name of the project being bid on.

No bids will be received after the time and date specified, and no bids will be received by mail. Bids shall be received by courier service (date and time recorded) or shall be hand delivered. 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 consideration for such longer period as may be agreed.

The Owner will tabulate the bids and any award will be made to the lowest responsible bidder in accordance with N.J.S.A. 40A:11-4. The Owner reserves the right to reject all bids pursuant to N.J.S.A. 40A:11-13.2.

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All bid security except the security of the three apparent lowest responsible bidders shall be returned, unless otherwise requested by the bidder, within ten (10) days after the opening of the bids, Sundays and holidays excepted, and the bids of the bidders whose bid security is returned shall be considered withdrawn.

Each bidder must submit with his bid a signed certificate stating that he owns, leases or controls all the necessary equipment required to accomplish the work shown and described in the Contract Documents.

Should the bidder not be the actual owner or leasee of such equipment, his certificate shall state the source from which the equipment will be obtained and, in addition, shall be accompanied by a signed certificate from the owner or person in control of the equipment definitely granting to the bidder the control of the equipment required during such time as may be necessary for the completion of that portion of the Contract for which it is necessary. The bidder shall comply with the documentation requirements set forth in the Article of the Infor-mation for Bidders, entitled, "Bidder Submissions".

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

Bidders are required to comply with all relevant Federal and State Statutes, 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 N.J.S.A. 10:2-1 through 10:2-4, the New Jersey Law against Discrimination, N.J.S.A. 10:5-1, et seq., 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).

Bid packets may be reviewed and downloaded online at no cost through the New Jersey Purchasing Group online bid system. http://www.bidnetdirect.com/new-jersey or on the Denville Website – Denvillenj.org under Quick Links- Bidding/ Current Projects.

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

Each Bidder must submit with his bid an "Ownership Disclosure Statement" and is requested to submit with his bid the "Non-Collusion Affidavit" on the forms included in the Contract Documents.

Bidders and their subcontractors of any tier must comply with all applicable provisions of the Public Works Contractor Registration Act (N.J.S.A. 34:11-56.48) and the New Jersey Prevailing Wage Act (N.J.S.A. 34:11- 56.25). P.L. 2021, c. 301 requires that if a Contract is subject to the Prevailing Wage Act and the contractor submitting the lowest bid for a Contract is 10 percent (or more) lower than the next lowest bid, the bidder must certify to the public body that the prevailing wage rates required by the Act shall be paid. If the Bidder does not provide the certification prior to the award of the contract, the public body will award the Contract to the next lowest responsible and responsive Bidder. Further, P.L. 2021, c. 301 also amended N.J.S.A. 34:11-

56.27 to require that any Contract for public work expressly stipulate that workers performing work under the contract shall not be paid less than the required prevailing wage rate. Contractors and their sureties shall be liable to the public body, any lessee to whom the public body is leasing a property or premises or to any lessor from whom the public body is leasing or will be leasing a property or premises, for any excess costs occasioned by the termination of their right to proceed with the work, or such part of the work as to which there has been a failure to pay required wages.

Pursuant to N.J.S.A. 52:32-44, all business organizations that conduct business with a New Jersey government agency are required to be registered with the State of New Jersey. Bidders and their subcontractors must submit proof that they are registered with the New Jersey Department of Treasury, Division of Revenue by submitting a copy of their Business Registration Certificate prior to Contract award.

This project is funded in part by the U.S. Department of Housing and Urban Development (HUD). Contractors must comply with all applicable Federal provisions under 2 CFR 200.327.

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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 summary, but to read the Contract Documents in their entirety.

By Order of the Township of Denville

Matthew Bansch, RMC, QPA, CMR Township Clerk

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TOWNSHIP OF DENVILLE

MORRIS COUNTY, NEW JERSEY

RENOVATION OF A HISTORIC STRUCTURE INTO

A COMMUNITY CIVIC CENTER

Table of Contents

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-25

Federal Regulations 2 CPR, Part 200.327 FR-1 – FR-7

Federal Wage Rates FWR-1 - FWR-9

County Wage Rates CWR-1 - CWR-72

State Wage Rates SWR-1 - SWR-52

Scope of Contract SC-1

Bid - Table of Contents B-i

Bid BP-1 - B-33

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

Contract CON-1 - CON-29

Performance Labor and Material Payment Bond PB-1 - PB-2

Surety Disclosure Statement and Certification PB-3 - PB-5

Maintenance Bond MB-1 - MB-2

Notice of Award NA-1

Notice to Proceed NP-1

Technical Specifications

INFORMATION FOR BIDDERS

Table of Contents Page No.

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0.00 Definitions 1

0.01 Location of Work 1

0.02 Contract Drawings 1

0.03 Phases Comprising the Project 1

0.04 Date and Place of Opening Bids 1

0.05 Preparation of Bid 1

0.06 Right to Accept or Reject Bids 2

0.07 Withdrawal of Bids 3

0.08 Items of Work 3

0.09 Addenda and Interpretations 3

0.10 Bid Security 4

0.11 Certificate of Surety 4

0.12 Obligation of Bidders 5

0.13 Examination of and Familiarity with the Work 5

0.14 Bidder Submissions 5

0.15 Rescission of Award 7

0.16 Failure of Bidders to Enter Contract 8

0.17 Security for Faithful Performance and Maintenance (Bonds) 8

0.18 Interference or Delay 9

0.19 Lines and Grades 9

0.20 Insurance Requirements 9

0.21 Time Limit 9

0.22 Damages 10

0.23 Site Conditions 10

0.24 Cost Breakdown, Construction Schedule and Shop Drawing Submission Schedule 10

0.25 Field Measurements 11

0.26 Preconstruction and Progress Photographs 11

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0.27 Subsurface Structures and Utilities 12

0.28 Materials and Equipment 13

0.29 Construction Terms and Conditions 15

0.30 Nondiscrimination Provisions 15

0.31 State Mandatory Affirmative Action Language, Construction Contracts 15

0.32 Solid Waste Disposal 18

0.33 New Jersey State Sales and Use Tax Exemption 18

0.34 Allowances (NOT IN CONTRACT) 18

0.35 Department of Labor, Safety and Health Regulations 18

0.36 Prompt Payment 18

0.37 Construction Plans and Specifications 19

0.38 Bidders Referred to Laws and Safety 19

0.39 Subcontractor Requirements 20

0.40 Pre-Construction and Construction Conferences 20

0.41 State Wage Rates and Contractor Registration 20

0.42 Change Orders 22

0.43 Project Observation 22

0.44 Observer's Service for Saturdays, Sundays, Holidays and Off-Hours 22

0.45 American Goods and Products 22

0.46 Access to the Work and Records 22

0.47 Joint Venture Bidder Responsibility 22

0.48 Quality of Materials and Workmanship 23

0.49 Dewatering Facilities 23

0.50 Connections to Existing Mains and Valve Operation 23

0.51 Interruption in Traffic Flow and Traffic Control 23

0.52 Right-to-Know Labeling 23

0.53 Extra Material on Hand 24

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0.54 Debarment 24

0.55 Americans With Disabilities Act (Equal Opportunity for Individual with Disabilities) 24

0.56 Security Measures of Owner 25

0.57 Business Registration Certificate for Bidder and Subcontractors 25

THIS PAGE INTENTIONALLY LEFT BLANK

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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 of the work to be performed under the Contract is located at the abandoned building at 501 Openaki Road (Block 20203, Lot 13) in the Township of Denville.

0.02 Contract Drawings

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

TOWNSHIP OF DENVILLE

MORRIS COUNTY, NEW JERSEY

RENOVATION OF A HISTORIC STRUCTURE INTO

A COMMUNITY CIVIC CENTER

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 site work, general construction work, plumbing work, heating and ventilating work and electrical work, as well as structural work to existing building.

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.

A Pre-Bid Conference will be held at the project site 501 Openaki Road, Denville, New Jersey 08934 on August 5, 2026, at 9:00 a.m. prevailing time. Contractors are strongly encouraged to attend the Pre-Bid Conference. Access to the existing building will be provided at that time.

0.05 Preparation of Bid

Bids must be submitted on the prescribed forms. All blank spaces for bid prices must be filled in, in ink, in both words and figures. In the event of a discrepancy between the unit price bid in words and in figures, the unit price in words is to govern. In the event of a discrepancy between the unit price bid for any pay item and the extension shown for that item under the column of the proposal form designated “Amount”, the unit price is to govern. Where a unit price is bid for a pay item but no extension is provided, the Engineer will provide the extension based on the unit price bid and the estimated quantity for that pay item. Where an extension is provided by the bidder in the “Amount” column, but no unit price appears in the “Unit Price” column of the proposal form, the Engineer will provide the unit price by dividing the

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“Amount” figure provided by the Bidder by the estimated quantity. When no figure is provided by the Bidder in both the “Unit Price” and “Amount” columns for one or more pay items, or where no figure is provided in the “Amount” column for one or more lump sum pay items, the Owner shall reject the Bid.

Bidders shall remove the bid pages from the volume of contract documents and submit only the bid pages along with the required forms and attachments. Submission shall be bound with a binder clip and include no staples.

The Bid shall contain the full name and address of every person, partnership, corporation, and limited liability company 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. When a limited liability company bids, the bid must be signed by a managing member of that LLC. 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, partnerships, and limited liability companies must complete the statement form which appears on the Bid pages pursuant to the requirements of N.J.S.A. 52:25-24.2.

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

The envelopes containing the bids must be sealed, addressed as outlined in the Notice to Bidders and prominently marked "Renovations of a Historic Structure Into a Community Civic Center".

0.06 Right to Accept or Reject Bids

The Owner will tabulate the bids and any award will be made to the lowest responsible bidder whose bid conforms to this solicitation in accordance with N.J.S.A. 40A:11-4. The Owner reserves the right to reject all pursuant to N.J.S.A. 40A:11-13.2.

The Owner may reject bids which are incomplete, conditional, or obscure, or which contain additions not called for, erasures not properly initialed, alterations, or irregularities of any kind. Alterations by erasure or interlineation must be explained or noted in the bid over the signature of the Bidder.

In the event that there is a discrepancy between prices written in words and written in figures, prices written in words shall govern. No bid will be accepted which does not contain a price for every bid item contained in the Bid forms.

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 or disqualified bidders. Submission of false, deceptive, or fraudulent statements or information by bidders shall result in bid rejection or, if applicable, revocation of an awarded contract. Additionally, any such bidder will be subject to the criminal and/or civil penalties provided by all applicable state and federal laws.

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0.07 Withdrawal of Bids

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

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

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

40A:11-23.3.

The owner will not consider any written request for a bid withdrawal for a mistake, as defined by N.J.S.A.

40A:11-2(42), by a bidder in the preparation of a bid proposal unless the postmark of the certified or registered mailing is within the five business days following the opening of bids.

If a bidder withdraws a bid, the bidder shall be disqualified from future bidding on the same project, including whenever all bids are rejected pursuant to N.J.S.A. 40A:11-13.2.

0.08 Items of Work

The Bidder understands that the Owner may, without limitation, increase, decrease or eliminate items of work to be performed under the Contract. The Bidder further understands that in case of any error or inconsistency in the figures, the unit prices stated in the proposal shall govern.

The prime Contractor (the bidder) shall perform on the site and with its own organization, work equivalent to at least 51% (by cost) 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.

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 writing, addressed to Mott MacDonald, 412 Mt. Kemble Avenue, Suite G22, Morristown, New Jersey 07960, and to be given consideration, must be received at least twelve (12) 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 through the New Jersey Purchasing Group online bid system. http://www.bidnetdirect.com/new-jersey or on the Denville Website – Denvillenj.org under Quick Links- Bidding/ Current Projects no later than seven

(7) days - Saturdays, Sundays and holidays excepted - prior to the date fixed for the opening of bids.

Failure of any bidder to receive any such addenda shall not relieve the bidder from any obligation 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.

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 of 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.

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 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. The Certificate of Surety must have attached to it a valid power of attorney, issued by the surety, stating that the person who signed the Certificate on behalf of the surety is authorized to commit the surety to the issuance of bonds in an amount at least equal to the total bid.

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 Bid pages herein. The Owner may not accept a payment bond or a performance bond unless the required Surety

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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.

Failure of the bidder to acknowledge the bidder’s receipt of any notice or revisions or addenda to the advertisement or bid documents, in the document set forth in the Bid pages of the Contract Documents, entitled “Acknowledgement of Receipt of Changes to Bid Document Form” shall be deemed a fatal defect that shall render the bid proposal unresponsive and that cannot be cured by the Owner.

0.13 Examination of and Familiarity with the Work

Each bidder must inform himself fully of the conditions under which the Work will be performed. Failure to do so will not relieve the 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 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, 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 Bidder's examination of the site where the Work is to be performed. 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 completely 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 the successful 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 any 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 Submissions

PART I

Items Mandatory for Bid

The bidder must submit the following Mandatory Items with the Bid. In order to be considered an adequate submission, each item must meet the requirements of the relevant statute and, in the case of the execution of the Contract Documents, must be legally binding on the bidder.

The following items shall be mandatory for submission with the Bid:

A. A guarantee to accompany the bid that complies with N.J.S.A. 40A:11-21.

B. A certificate from a surety company that complies with N.J.S.A.40A:11-22.

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C. A statement of corporate ownership that complies with N.J.S.A. 52:25-24.2.

D. For joint venture bidders, separate Ownership Disclosure Statements are included in the Bid Pages for each member (N.J.S.A. 52:25-24.2).

E. A listing of subcontractors that complies with N.J.S.A. 40A:11-16.

F. A document provided by the Owner for the bidder to acknowledge the bidder’s receipt of any notices, revisions or addenda to the advertisement or bid documents pursuant to N.J.S.A.

40A:11-23.1.

PART II

Items Discretionary for

Bid but Mandatory for Award

The Bidder is requested to submit the following items with the Bid. The failure of the bidder to provide any of these items in proper form by the time set for award may result in the rejection of the Bid.

The following items shall be mandatory for award:

A. Prices for every bid item contained in the Bid forms.

B. Prices in words and numbers as may be modified to correct discrepancies (or omissions) inserted for each Bid Item in Bid.

C. Total Price bid as may be modified to correct discrepancies in the individual bid amounts inserted in Bid in words and numbers.

D. Details of bid security inserted in Bid Pages.

E. Bid is legally executed on behalf of the bidder and is witnessed.

F. Names of signers and witnesses are typed or printed below signatures.

G. Corporate acknowledgment on Certificate of Surety and evidence of authority of the signer is attached to Certificate of Surety (N.J.S.A. 40A:11-22).

H. Certification of Bidder’s Status on State Treasurer’s List has been completed and submitted.

I. Equipment Certification is completed (N.J.S.A. 40A:11-20).

J. Duly acknowledged Powers of Attorney are attached to Bid Pages for Bids and signed by Attorney-in-Fact.

K. For corporate bidders, corporate resolution authorizing the Bid is attached to Bid Pages.

L. 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.

M. Evidence of bidder’s compliance with all legal requirements for the bidder to bid and to enter into the contract (e.g., plumbing contractor compliance with N.J.S.A. 45:14C-12.3 (b), electrical compliance with N.J.S.A. 45:5A-9, etc.).

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N. 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.

O. 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 venturers’ responsibility to fulfill the obligations of the Contract. All information and certification required in the Contract Documents shall be separately stated for each member of the joint venture. Comply with all additional requirements in Information for Bidders Section 0.47, Joint Venture Bidder Responsibility.

P. A statement of the largest amount of construction work which the bidder has done in any one year (state the year). Describe experience with similar projects over the last five (5) years. State and describe the projects of equal or greater value during the last five (5) years.

Q. Certificate(s) of Registration under The Public Works Contractor Registration Act (where applicable) (N.J.S.A. 34:11-56.48 - et. seq.) for bidder and subcontractors of any tier.

R. A Non-Collusion Affidavit is correctly filled out, signed on behalf of Bidder and properly notarized.

S. Contractor’s Certification regarding Discrimination, Affirmative Action and Equal Employment Opportunity completed.

T. Certification of Nonsegregated Facilities.

U. Business Registration Certificate(s) to comply with the provisions of N.J.S.A. 52:32-44 for bidder and subcontractors of any tier. The Business Registration Certificates shall be provided to the Contracting Agency and that of any named subcontractor prior to the time the contract is awarded.

V. Such additional information as may be required to establish 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 shall 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 certificates of insurance required in the Contract Documents.

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, certificate 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 rescind the award and 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".

The Maintenance Bond shall be in a sum equal to 100% of the Contract Price according to N.J.S.A.

40A:11-22, 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.

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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.

0.18 Interference or Delay

Insofar as possible, the Contractor must employ such methods or means so 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 Work 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. In the event that the delay is caused by the Owner’s negligence, bad faith, active interference, or tortious conduct, then the Contractor may make a claim for its damages caused by said delay. The Owner will review and evaluate the merits of each claim submitted. The Owner will endeavor to work cooperatively with the Contractor to resolve these issues in a timely manner. 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 bench mark(s) and baseline(s) 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 checking of the Work or for delay in checking the 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 Division 1 – General Requirements Section 1100 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 all Certificates of Insurance as required by the Article VII, Insurance, set forth in the Contract.

The Contractor shall not permit any subcontractor of any tier to begin work until the required insurance and certificates of insurance have been provided to the Owner and Engineer by the subcontractor. Such insurance and certificates of insurance must be in a form satisfactory to the Owner.

The Township of Denville, Morris County and Mott MacDonald shall be named as additional insureds on all Certificates of Insurance submitted by the Contractor, except Workers’ Compensation Insurance.

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 270 consecutive calendar days from the day of the Contractor's receipt of the written Notice to Proceed. The

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Contractor shall comply with all provisions in the Contract Documents regarding intermediate times of completion of construction.

Time is of the essence for final completion of all work within the time period starting from the Contractor's receipt of the Notice to Proceed and for the intermediate completion of the work by the above Intermediate Completion Times.

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 conduct 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 which 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 accepted by 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.

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 may but will not necessarily be used as a basis for determining the cost of any change orders which 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

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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 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…