FCSI Spec Book - Complete.pdf

SPECIFICATIONS

DATE: 02/01/25 SET NO:

THE GOLDSTEIN PARTNERSHIP, LLC, ARCHITECTS

THE MAP BUILDING, 515 VALLEY STREET, SUITE 110, MAPLEWOOD, NJ 07040 (973) 761-4550

© 2025 THE GOLDSTEIN PARTNERSHIP. ALL RIGHTS RESERVED.

Fisk Chapel Site Improvements

BOROUGH OF FAIR HAVEN

Fair Haven, New Jersey

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Section NB Notice for Bids

NB – 1 FCSI: 02/01/25

ADVERTISEMENT - NOTICE FOR BIDS

GENERAL CONTRACTOR for Fisk Chapel Site Improvements, Borough of Fair Haven, New Jersey

NOTICE IS HEREBY GIVEN, that sealed Bids for this contract shall be received, opened, and read in public in the Meeting Room of the Fair Haven Municipal Building, 748 River Road, Fair Haven, NJ 07704, on Thursday, April 24, 2025, at 12:00 NOON prevailing time. Bids shall be received at the time and place specified. No Bids shall be accepted by fax or after the date and time specified.

The proposed Work includes, but is not limited to, the provision of all labor, materials, services, equipment, transportation, and supervision required to construct and complete the Fisk Chapel Site Improvements for the Borough of Fair Haven. The Work shall include all requirements set forth in the Contract Documents prepared by The Goldstein Partnership, Architects.

The Work is required to be completed within 120 calendar days of the Contract Award.

The bid package, including the forms, contract, Specifications, and Drawings will be available free of charge, on or after 4:00 PM on Tuesday, April 1, 2025, at www.bidnetdirect.com; please register on that website.

Although no formal Site Inspection/Pre-Bid Conference shall be held, any Bidders that wish for an accompanied walk-through of the site may do so by visiting the existing it between 11:00 AM and 2:00 PM on Wednesday, 04/09/25. That date and time will be the only opportunity for bidders to inspect the site.

Each Bid must be enclosed in a sealed envelope bearing the name and address of the Bidder, name of the Project and name of the Contract placed on the outside of the envelope and must be received at or prior to the time and date designated for the receipt of Bids, and the envelope must be addressed to the Borough of Fair Haven, Attention: Borough Clerk, 748 River Road, Fair Haven, NJ 07704. No Bid may be withdrawn within sixty (60) days of the date specified for the receipt of bids, except as may be permitted by N.J.S.A. 40A:11-24 and N.J.S.A. 40A:11-23.3. Bidders who elect to utilize public or private mailing for delivery of the bid assume the burden of correctly addressing the envelope.

All contract and bid documents shall be submitted intact in accordance with the completed and signed bidder’s checklist.

All erasers, interpolations, and other physical changes to any forms shall be signed or initialed by the bidder.

Bids must be accompanied by a bid security in the form of a certified check, cashier’s check or bid bond drawn to the order of the “Borough of Fair Haven” for not less than Ten Percent (10%) of the amount of the bid, but in no case in excess of Twenty Thousand Dollars ($20,000.00). Bid security shall comply with the Bidding Documents and N.J.S.A. 40A:11-21. Bids shall also include a Consent of Surety in the form permitted by the Bidding Documents, obligating the issuing surety company to provide the bidder and its subcontractors, if awarded the contract for the Project, with a New Jersey Statutory Performance Bond and a New Jersey Statutory Payment Bond in the full amount of the contract.

Bidders are required to comply with the requirements of N.J.S.A. 10:5-31, et seq., N.J.A.C. 17:27, et seq., the New Jersey Prevailing Wage Act, the Affirmative Action Requirements, and the Americans with Disabilities Act, and shall submit all completed documents required by the bid specifications.

The Borough of Fair Haven reserves the right to consider the bids for sixty (60) days after the receipt thereof and may reject all bids in accordance with N.J.S.A. 40A:11-13.2. In addition, the Borough may only waive minor informalities or non-material exceptions in a bid as set forth in Meadowbrook Carting v. Borough of Island Heights, 138 N.J. 307 (1994).

Bidders must comply with all requirements of New Jersey Local Public Contracts Law.

The successful Bidder shall execute the Contract and provide the required Bond in the full amount of the Contract, within seven (7) days after notification of acceptance of its Bid.

By Order of: Borough Clerk, Borough of Fair Haven, New Jersey 07704

Fisk Chapel Site Improvements

GENERAL DOCUMENTS

Borough of Fair Haven, NJ PROJECT INDEX

GENERAL DOCUMENTS: COLOR / PAGES

Section G1 Advertisement NB Advertisement (Notice for Bids) White 1

Section G2 Instructions IB Instructions to Bidders White 10

Section G3 Bidding Documents BC Bidder’s Checklist White 1 BF Bid Form (including acknowledgement of Addenda) White 3 BB Bid Security (Bid Bond, Certified Check, or Cashier’s Check) White 1 CS Consent of Surety White 1 SD Surety Disclosure Statement & Certification White 3

AN Affidavit of Non-Collusion White 1 BD Bidder Disclosure Statements White 2 OD Statement of Ownership Disclosure White 3 LS Mandatory List of Subcontractors White 1 PW Prevailing Wage Act Compliance Form White 1 DIA Disclosure of Investment Activities in Iran White 1 AA Affirmative Action Requirements White 3 NDC Non-Debarment Certification Form White 1 BR Business Registration Certificate Requirements White 1 ADA Americans with Disabilities Act Requirements White 1

Section G4 Contract Forms CB Contract Bond White 2 FA Form of Agreement White 8

Section G5 General Conditions (separately indexed) White 74

Section G6 Addenda (as published) Pink

Section G7 Prevailing Wage Rate Schedules Monmouth County, NJ White 76 Statewide, NJ White 53

SPECIFICATIONS:

DIVISION 1 GENERAL

Section 1A Project Sequencing Requirements White 1

DIVISION 2 SITE WORK

Section 2223 Sitework Demolition & Removals White 4 Section 2330 Site Clearing White 4 Section 2276 Modular Block Retaining Walls White 4 Section 2300 Excavation, Filling & Grading White 14 Section 2630 Site Storm Sewer White 3 Section 2741 Paving White 5 Section 2745 Site Signage White 2 Section 2751 Site Concrete White 5 Section 2800 Fences White 2 Section 2900 Trees, Shrubs & Groundcovers White 10 Section 2920 Lawns & Grasses White 7

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GENERAL DOCUMENTS

Borough of Fair Haven, NJ PROJECT INDEX

LIST OF DRAWINGS (10 Drawings and 3 Reference Drawings):

C-201 PROPOSED PARKING LOT COVER SHEET

C-202 PROPOSED PARKING LOT SITE PLAN

C-203 PROPOSED PARKING LOT GRADING PLAN

C-204 PROPOSED PARKING LOT LANDSCAPE PLAN

C-205 PROPOSED PARKING LOT SITE LIGHTING PLAN

C-206 PROPOSED PARKING LOT DETAILS

C-207 PROPOSED PARKING LOT DETAILS

C-208 PROPOSED PARKING LOT DETAILS

C-209 PROPOSED PARKING LOT SE/SC PLAN

E-1 ELECTRICAL SITE UTILITY PLAN AND DETAILS

REFERENCE DRAWINGS (from the project being completed under a separate Contract next door):

E-4, REV. 8 ELECTRICAL SCHEDULES AND RISER DIAGRAM

E-6, REV. 8 ELECTRICAL SITE UTILITY PLAN AND DETAILS

SK-35 DRAINAGE CONNECTIONS FOR OFF-SITE PLAN

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Section G1 Instructions to Bidders

IB.01 STATEMENT OF WORK:

Location:

This General Contract consists of the construction of various site improvements on the gently sloping site of Fisk Chapel, on Fisk Street, Fair Haven, Monmouth County, New Jersey.

Brief Project Description:

Site improvements will include demolition of existing gravel driveways and construction of a new paved parking lot.

Sitework includes site clearing, site utilities, stormwater management, earthwork, asphalt paving, concrete curbs and sidewalks, site lighting, site amenities, site retaining walls, and landscaping.

IB.02 OWNER'S ARRANGEMENTS FOR BIDDING THE WORK:

a. Contract Type: Single lump-sum fixed-price General Contract.

b. Bidding Alternates: Bidding Alternates, if any, are described in the Bid Form.

c. Unit Prices: Unit Prices, if any, are described in the Bid Form.

d. Allowances: Allowances, if any, are described in the Bid Form and/or are addressed in the Specifications.

e. Document Availability: Drawings will be available on-line to properly registered firms, who will have the option of arranging for prints at their own expense.

f. Establishment of Time and Completion of Project: As time is the essence of each Contract, and the Owner and the public will be caused great hardship if the facilities are not completed on schedule, each Bidder does, by submitting a bid for work on a Contract, acknowledge his ability to complete substantially all of his work (including overtime work, and on such Saturdays, Sundays, and Holidays as necessary, within such calendar duration), within the time period stated in the Bid Form for this project.

IB.03 PREPARATION OF BIDS:

a. Interpretation of Documents:

1. Questions: Discrepancies, omissions, or doubts as to meaning of documents shall be communicated in writing to the Architect using the online document distribution system referenced in the Bid Notice.

Questions should be received at least fourteen (14) days prior to the date scheduled for the opening of bids. Questions received after that time may not be considered. Answers: Any interpretation and/or additional clarification made by the Architect will be issued in the form of an Addendum to the documents, which Addendum will be made available to all Bidders through the online document distribution system, evidenced by a time stamp generated by the platform confirming when notice was transmitted to the bidder, per N.J.A.C. 5:34-5.3(e), with Bidder’s acknowledgement required on the Bid Form.

3. Necessity to Question Promptly: All inquiries for interpretation of Specifications and Drawings should be submitted in writing through the online document distribution system by the deadline for questions posted there.

4. Oral Questions and Answers Prohibited: No oral explanation in regard to the meaning of the Documents will be made, and no oral instructions will be given.

b. Bid Forms:

1. Copies Furnished: Bid Forms will be available online to registered bidders.

2. Submission of Bids: Bidders shall submit their bids in accordance with the procedures outlined on the online document distribution system.

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c. Completion and Execution of Bid Forms:

1. General:

(a) Completion of Bid Forms: Bidder shall fill in all blank spaces in Bid Form. Bid shall be submitted on forms furnished, and shall be signed in ink. Erasures or other changes in a Bid must be explained or noted over signature of the Bidder. Bids containing any conditions, omissions, unexplained erasures or alterations, or items not called for in the proposal, or irregularities of any kind, may be rejected by Owner as irregular, incomplete, and not in compliance with the Instructions to Bidders.

(b) Form of Signature of Bidder: The firm, corporate, or individual name of Bidder must be signed in space provided for signatures on Bid Form. In case of corporation, state the title of the authorized officer signing the bid. In case of partnership, the bid should be executed by at least one of the firm’s partners . In case of an individual, use term "doing business as", or "sole Owner”, if applicable.

(c) Qualification of Foreign Corporation: A corporation not organized in State of New Jersey must, as a condition to an award of Contract to it as the lowest bidder, furnish proof that it has qualified under Laws of New Jersey to do business in this State.

2. Bid Bond: Each Bid must be accompanied by either:

(a) Bid Bond or

(b) Cashier's check or a certified check payable to the Borough of Fair Haven, New Jersey.

The Bid Bond shall act as a guarantee that if the Contract or Agreement is awarded to the Bidder that it will enter into a Contract therefor. The Surety company is subject to review and approval by the Borough of Fair Haven. The amount to be deposited shall be 10% of the total amount bid, but shall not exceed $20,000. Within ten (10) days after the bids are opened, Sundays and holidays excepted, all bid security except for the security of the three (3) lowest bidders shall be returned, unless otherwise requested by the bidder. The contracting unit shall award the contract or reject all bids within such time as may be 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 consideration for such longer period as may be agreed. Within three (3) days, Sundays and holidays excepted, after the awarding and signing of the Contract and the approval of the contractor’s performance bond, the bid security of the remaining unsuccessful bidders shall be returned to them. The successful Bidder on the Contract shall be prepared to execute the Contract Agreement and the required Contract Bond (Performance, Payment, Completion, and Maintenance Bond) in the full amount of the Contract, within seven (7) calendar days after Award of the Contract. The successful Bidder on the Contract shall also furnish the required Certificate of Insurance within seven (7) calendar days after notification of acceptance of the Bid.

3. Consent of Surety: All Bidders are required to submit with their bid, an unconditional guarantee certificate from a surety company authorized to do business in the State of New Jersey and satisfactory to the Borough, stating that it will provide the Contractor if awarded a contract for the Project, with a performance and payment bond in the amount of 100% of the Contract Sum for the faithful performance of all provisions relating to the performance of the Contract with the Borough during the course of construction, and including the guarantees required under N.J.S.A. 2A:44-143. Submission of a Consent of Surety which contains any prior conditions upon the Surety's issuance of the required Bonds (other than the award of the contract) may be cause for rejection of the Bid.

4. Affidavit of Non-Collusion: Affidavit of Non-Collusion, in the form annexed to Bidding Documents, shall be completed, executed, notarized and submitted with the Bid.

5. Ownership Disclosure Statement: The Bidder shall submit with its Bid, a statement setting forth the names and addresses of all stockholders or owners in the corporation, partnership, or limited liability company

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bidding who own ten percent (10%) or greater interest therein. If one or more such stockholder or partner is itself a corporation, partnership or limited liability company, the Bidder shall submit further disclosures for such entity pursuant to the law. Ownership Disclosure Statement is included herewith.

6. Bidder Disclosure Statements: Listings in the forms included in the Bidding Documents, shall be completed and submitted with the Bid.

7. Mandatory List of Subcontractors: Each Bidder shall complete and submit this form with his Bid in accordance with N.J.S.A. 40A:11-16.

8. Other Required Documents: For a complete list of documents required to be submitted, see the Bid Form.

9. Submission of Bid in Sealed Envelope: Each Bid must be enclosed in a sealed opaque envelope, with the name and address of the Bidder and the name of the Contract (“GENERAL CONTRACT, Fisk Chapel Site Improvements, Borough of Fair Haven, NJ") plainly marked on the outside, addressed in this manner:

TO: Borough of Fair Haven, 748 River Road, New Jersey 07704

BID FOR: GENERAL CONTRACT, Fisk Chapel Site Improvements, Borough of Fair Haven, NJ

BID DATE: _____________________________________________________________________

BID TIME: _____________________________________________________________________

SUBMITTED BY: ________________________________________________________________

Name of Bidder

Address of Bidder

10. Examination of Site and Contract Documents:

(a) Familiarity with Site: Each Bidder shall visit the site of the proposed work and shall fully acquaint and familiarize himself with all conditions as they exist, the character of operations to be carried on under the proposed Contract, shall make such investigations as may be required to fully understand the facilities, difficulties and restrictions attending the work under the Contract.

(b) Familiarity with Contract Documents: Each Bidder shall thoroughly examine and become familiar with all relevant Contract Documents, including the Drawings and Specifications of all work. He shall note all cases where it is specified that certain work or materials or both is to be omitted by one Section and to be furnished by another Section under the Contract or under a separate Contract.

(c) Submission of a Bid shall constitute a representation by Bidder that he has carefully examined the site and all existing construction, all Contract Documents, Drawings, and Specifications and that he has satisfied himself as to the nature and location of the work, the general and local conditions, and all other matters which may in any way affect his work or performance; and such Bidder further represents that, as a result of such examination, he fully understands the nature and difficulties of the Project and his obligations pursuant to the Contract and Contract Documents and that he will not make any claim for or assert any right to damages because of any misunderstanding or misinterpretation of the Contract or Contract Documents, or because of any lack of information at the

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time of submission of the Bid. By submitting a bid, Bidder further acknowledges that the Contract Documents are complete in all respects and acknowledges that it has had the opportunity to ask any questions regarding any perceived ambiguity, omission, or any other issue with the Contract Documents.

11. New Jersey Sales Tax Exemption: This project is exempt from New Jersey State Tax, however, Contractors and Subcontractors are required to comply with New Jersey Sales and Use Tax, in accordance with N.J.S.A.

54:32B-1 et seq. Forms and additional information are available from the New Jersey State Tax Department.

No allowance will be made by the Borough for any such taxes paid by the Contractor or Subcontractor arising out of the applicability of the New Jersey Sales and Use Tax.

12. Equal Employment Opportunity Compliance: The successful bidder shall be required to comply with the Mandatory Equal Employment Opportunity Language which will be annexed to the Contract. A copy of the language is included in the bid package. The successful bidder shall be required to complete and submit to the Borough an Initial Project Workforce Report, New Jersey Department of Treasury Form AA-201, upon notification of award. Failure to submit this completed form may result in the contract being terminated. The successful bidder shall also be required to submit a copy of its Monthly Project Workforce Report, New Jersey Department of Treasury Form AA-202, to the New Jersey Department of Treasury’s Division of Public Contracts Equal Employment Opportunity Compliance and to the Borough. The Contractor’s failure to provide monthly manning reports in accordance with applicable law may result in the withholding of further payments to the Contractor and/or shall be grounds for termination of the Contractor.

13. Prevailing Wage Rates and the date of the Wage Rate Determination: The wage rates are attached. The date of the wage rate determination for this Project will be set forth in the contract and is attached. This determination is conclusive for a period of two (2) years from that date, unless superseded by a later determination. Contractor shall be responsible for complying with such determination.

(a) Pursuant to New Jersey Prevailing Wage Act, N.J.S.A. 34:56.27 and 56.28 the following is mandatory and applies to the project.

(b) Workers shall be paid not less than such prevailing wage rate in the event it is found that any worker, employed by the contractor or any subcontractor covered by said contract, has been paid a rate of wages less than the prevailing wage required to be paid by such contract, the public body, the lessee to whom the public body is leasing a property or premises or the lessor from whom the public body is leasing or will be leasing a property or premises may terminate the contractor's or subcontractor's right to proceed with the work, or such part of the work as to which there has been a failure to pay required wages and to prosecute the work to completion or otherwise.

15. Anti-Discrimination Provisions: The following will be inserted into the Owner/Contractor agreement:

Every contract for or on behalf of the State or any county or municipality or other political subdivision of the State, or any agency of or authority created by any of the foregoing, for the construction, alteration or repair of any building or public work or for the acquisition of materials, equipment, supplies or services shall contain provisions by which the contractor agrees that:

a. In the hiring of persons for the performance of work under this contract or any subcontract hereunder, or for the procurement, manufacture, assembling or furnishing or any such materials, equipment, supplies or services to be acquired under this contract, no contractor, nor any person acting on behalf of such contractor or subcontractor, shall, by reason of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex, FCSI: 02/01/25 G2-IB - 4 discriminate against any person who is qualified and available to perform the work to which the employment relates;

b. No Contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee engaged in the performance of work under this contract or any subcontract hereunder, or engaged in the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under such contract, or account of race, creed, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex;

c. There may be deducted from the amount payable to the contractor by the contracting public agency, under this contract, a penalty of $50.00 for each person for each calendar day during which such person is discriminated against or intimidated in violation of the provisions of the contract; and

d. This contract may be canceled or terminated by the contracting public agency, and all money due or to become due hereunder may be forfeited, for any violation of this section of the contract occurring after notice to the contractor from the contracting public agency or any prior violation of this section of the contract.

No provision in this section shall be construed to prevent a board of education from designating that a contract, subcontract or other means of procurement of goods, services, equipment or construction shall be awarded to a small business enterprise, minority business enterprise or a women’s business enterprise pursuant to P.L. 1985, c. 490 (C. 18A:18A-51 et. seq.).

16. Brand Name or Equal: When the Specifications, Forms, and other Contract Documents use “brand name or equivalent”, “basis of design” or similar language, the listed brand name shall serve as a reference or point of comparison for the functional or operational characteristic desired for the goods or services being requested. Where a bidder attempts to submit an equivalent product for a brand name, it shall be the responsibility of the bidder to fully describe and document the product to be provided with the bid in order to establish the equivalence claim.

A. If the Bidder proposes to offer substitute goods as an equal to those specified herein, the bidder shall so indicate with the Bid Proposal. For the purposes of this paragraph, a proposed item shall be considered equal to goods specified herein if the Borough, in its sole discretion, determines that: (i) the goods conform substantially, even with deviations, to the brand name goods specified herein;

(ii) the goods are equal to or greater than the brand name goods specified herein in terms of quality, durability, functionality, appearance, strength and design; (iii) the goods are capable, at least as well as the brand name goods specified herein, of performing with existing equipment; and (iv) the goods don’t cost the Borough more than the goods specified herein cost the Borough.

B. To offer substitute goods as an equal to those specified herein, it is necessary that:

1. The Bidder submits sufficient information with its bid to permit the Borough to determine that the goods are equivalent to the brand name goods specified herein, including, but not necessarily limited to the brand, catalog number and specifications/data sheets;

2. The Bidder fully identifies and describes the variations of the goods from the brand name goods specified herein on a separate sheet that is to be submitted with the bid proposal. Bidder’s literature WILL NOT suffice in explaining exceptions to these specifications;

3. The Bidder certifies that the goods (i) are similar in substance to the brand name goods specified, and (ii) are suited to the same use as the item specified;

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C. The Borough shall be allowed a reasonable time within which to evaluate the Bidder’s proposal to offer substitute goods as an equal to those specified herein. The Borough shall be the sole judge of acceptability. No “or-equal” goods shall be ordered, delivered, assembled, set-up or utilized until the Borough’s evaluation is complete. The Borough’s determination as to equivalency shall be deemed final and absolute.

D. In the event the Bidder fails to identify and equivalent items, or does not provide sufficient supporting documentation regarding an equivalent product with the bid, it will be presumed and required that the brand name or basis of design goods and services as described in the specifications will be provided.

17. Addenda, Interpretations, and Equivalency Determinations: Should any error, omissions, inconsistencies or obscure wording appear or occur in the Specifications, or should there be any discrepancies between any of the Contract Documents, the Bidder shall, before submitting its bid, apply to the Borough in writing for an interpretation and determination of the intent of the Specifications and equivalency, if applicable. Requests for such interpretations, to be given consideration, must be received at least fourteen (14) calendar days prior to the date fixed for the opening of bids (Saturday, Sunday, and Holidays excluded). Failure to request an interpretation shall serve as an acknowledgement by the Bidder that the specifications are complete and contain no discrepancies.

Interpretations and any supplemental instructions will be in the form of written Addenda to the Specifications, which shall be provided no later than seven days, Saturdays, Sundays, or holidays excepted, prior to the date for acceptance of bids, to any person who has submitted a bid or who has received a bid package issued through the online document distribution system and evidenced by a time stamp generated by the platform confirming when notice was transmitted to the bidder. Each Bidder shall ascertain, prior to submitting its bid that it received all Addenda issued and it shall acknowledge their receipt in its bid. Failure of any Bidder to receive any Addenda or interpretation shall not relieve the Bidder from any obligation under its bid as submitted. In addition, a failure on the part of any Bidder to acknowledge receipt of said Addenda may result in disqualification of the entire bid submission. Addenda so issued, shall become part of the Contract Documents.

The price bid for the work of any Contract shall NOT be based in any manner upon oral opinions, or real or alleged instructions of an oral nature, regardless or whether such opinions or instructions are expressed by the Borough or agents or representatives of any of them.

18. Form of Contract: Contracts will be let on the attached Form of Agreement Between Borough and Contractor, including supplementary terms and conditions, if any. The Contract will be subject to all statutory provisions on the matter of Public Works, Public Contracts and Prevailing Rates of Wages under the laws of New Jersey.

19. Compliance with the Public Works Contractor Registration Act (N.J.S.A. 34:11-56.48 et seq.): Pursuant to the above-referenced law, Bidders are required to be registered with the New Jersey Department of Labor at the time of bid opening. Bidders are notified of this requirement of their compliance. Subcontractors must also be registered. No Bidder shall list a subcontractor in a bid proposal unless the subcontractor is registered.

20. Obligation of Bidder: At the time of the opening of bids, each Bidder will be presumed to have inspected the site(s) and to have read, and to be thoroughly familiar with the Contract Documents. The failure or neglect of any Bidder to receive or examine any form, instrument, or document, or to inspect the site, shall in no way relieve any Bidder from any obligation in respect to its bid.

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Prior to the Bid Opening, the Bidder shall examine the contents of the Bid Specifications and assure itself that all pages of the Specifications and other Contract Documents are included in the documents obtained for bidding purposes and contain no ambiguities or conflicting provisions. Should the Specifications or other Contract Documents be incomplete or contain any ambiguities or conflicting provisions, the Bidder shall notify the Owner in writing, who will supply the Bidder with any missing pages of Specifications or other Contract Documents and resolve any ambiguities or conflicts. The lack of such written notification by the Bidder will be construed as evidence that the Specifications and other Contract Documents are full and complete, and as a waiver of any subsequent claim to the contrary.

21. American Goods and Products where possible: Bidder shall comply with the requirements of N.J.S.A.

14A:11-18 and use only manufactured and farm products of the United States, wherever available, for the Project.

22. New Jersey Pay-to-Play Requirements: A business entity as defined by law is advised of its responsibility to file and annual disclosure statement on political contributions by the New Jersey Election Law Enforcement Commission pursuant to N.J.S.A. 19:44A-20.27 (P.L. 2005 Chapter 271 section 3) if the business entity receives contracts in excess of $50,000 from public entities in a calendar year. It is the business entity’s responsibility to determine if the filing is necessary. Additional information on this requirement is available from the New Jersey Election Law Enforcement commission at 1-888-313-3532 or at www.elec.nj.us.

23. New Jersey Business Registration Certificate (N.J.S.A. 52:32-44) and Sales and Use Tax Requirements (N.J.S.A. 54:32B-1 et. seq.): Contractors are required to comply with the following:

Business Registration Certificate Requirements: Prior to contract award or authorization, the contractor shall provide the Borough of Fair Haven with its proof of business registration and that of any named subcontractor(s). Subcontractors named in a bid or other proposal shall provide proof of business registration to the bidder, who in turn, shall provide it to the Borough of Fair Haven prior to the time a contract, purchase order, or other contracting document is awarded or authorized. Contractor must maintain and submit a current updated list of Subcontractors, their addresses, and all valid Business Registration forms as a continuing obligation under the Contract. Before final payment on the Contract is made by the Owner, the Contractor shall submit a complete and accurate list of subcontractors used and their addresses. Pursuant to N.J.S.A. 54:49-4.1, a business organization that fails to provide a copy of a business registration as required, or that provides false business registration information, shall be liable for a penalty of $25 for each day of violation, not to exceed $50,000, for each proof of business registration not properly provided under a contract with a contracting agency.

a. For purposes herein, “affiliate” shall mean any entity that: (a) directly, indirectly, or constructively controls another entity, (b) is directly, indirectly, or constructively controlled by another entity, or (c) is subject to the control of a common entity. For purposes of the immediately preceding sentence, an entity controls another entity if it owns, directly or indirectly, more than fifty percent (50%) of the ownership interest in that entity. N.J.S.A. 52:32-44(g)(3).

b. New Jersey Sales and Use Tax Requirements: All contractors or contractors with subcontractors, or any of their affiliates, who enter into contracts for the provision of goods or services with or for New Jersey local government entities, including without limitation, boards of education, are required to collect and remit to the New Jersey Director of Taxation in the Department of the Treasury the use tax due on all of their sales of tangible personal property delivered into the State of New Jersey pursuant to the “Sales and Use Tax Act,” (N.J.S.A.54:32B-1 et seq.), regardless of whether the tangible personal

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http://www.elec.nj.us property is intended for a contract with a contracting agency. This tax shall be remitted for the term of the Contract.

24. Disclosure of Investment Activities in Iran: Pursuant to N.J.S.A. 40A:11-2.1 and N.J.S.A. 52:32-58, any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification enclosed in the bid to attest, under penalty of perjury, that the person or entity, or one of the person or entity, or one of the person or entity’s parents, subsidiaries, or affiliates, is not identified on a list created and maintained by the Department of the Treasury as a person or entity engaging in investment activities in Iran. If the Borough finds a person or entity to be in violation of the principles which are the subject of this law, they shall take action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the person or entity.

25. Record Maintenance: Pursuant to N.J.A.C. 17:44-2.2, the Contractor shall maintain all documentation related to products, transactions or services under this Contract for a period of five years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon request.

27. Submission and Opening of Bids:

(a) Bids may be submitted in person or may be sent by U.S. certified mail return receipt requested, or may be sent by private courier service. Mail bids to: Borough Clerk, Borough of Fair Haven, 748 River Road, Fair Haven, New Jersey 07704. The Owner shall not be responsible for the loss, non-delivery or physical condition of bids. Bids must be submitted individually in a sealed envelope addressed to Borough of Fair Haven. Bid proposals must comply with specifications.

(b) No bids received after that time will be considered.

(c) No bids received by FAX will be considered.

IB.04 OWNER'S CONSIDERATION OF BIDS:

a. Public Opening of Bids and Reading Aloud: At the time fixed for opening of Bids, their contents will be made public for the information of Bidders and others properly interested and present in person or by representative.

b. Award of Contract or Rejection of Bids:

1. Contract Award: Contract will be awarded to the lowest responsible Bidder based on the pricing of his Base Bid and and requested Alternates, if any, in accordance with N.J.S.A. 40A: 11-4, and whose Bid complies with the instructions herein set forth. The award shall be made by resolution of the governing body, and attached to, or included in, the resolution shall be a certification of available funds in accordance with N.J.A.C. 5:30-5.4(a)(2).

2. Time Frame for Award: Award will be made or the Bids rejected, within 60 days.

3. Return of Bid Security: Within ten (10) days after the bids are opened, Sundays and holidays excepted, all bid security except for the security of the three (3) lowest bidders shall be returned, unless otherwise requested by the bidder. Within three (3) days after sixty (60) days from the date that bids are received, and provided that the bid has not been awarded, the bid security of the three lowest bidders shall also be returned, except as otherwise set forth in this Section. Within three (3) days after the awarding and signing of the Contract and the approval of the contractor’s performance bond, the bid security of the remaining unsuccessful bidders shall be returned to them.

FCSI: 02/01/25 G2-IB - 8

4. Rights Reserved: The Owner reserves the right to reject all of the bids in accordance with N.J.S.A. 40A:

11-13.2, or as otherwise may be permitted by law. Owner reserves the right to reject as irregular and non-conforming any Bid submitted other than in strict accordance with the Instructions to Bidders and all applicable laws, and reserves the right to waive any minor waivable defects, irregularities, or other informalities, or the failure to comply with any technicalities or other informalities of the requirements of the Instructions to Bidders, all in accordance with law. Owner reserves the right to reject the Bid of any Bidder, who, in the judgment of the Owner, is unable to perform the Contract.

5. Submission constitutes Release: Submission of a Bid in response hereto shall constitute a release of the Owner from any and all liability directly or indirectly resulting solely from the acceptance or rejection of any or all Bids.

6. Challenges to Specifications: Any prospective bidder who wished to challenge a bid specification shall file such challenges in writing with the Borough no less than three business days prior to the opening of the bids. Challenges filed after that time shall be considered void and having no impact on the Borough or the award of contract.

c. Execution of Contract: The Bidder to whom the Contract is awarded shall, within seven (7) calendar days of date of award, execute and deliver the necessary Contract Forms. Should Bidder to whom the Contract has been awarded fail to execute and deliver necessary Contract Documents in the manner and within the time herein specified, the Owner may thereupon declare the Bid Bond, certified check, or cashier’s check, in lieu thereof, to be forfeited and may either award the Contract to the next lowest Bidder or re-advertise for new proposals, and the Bidder to whom the Contract was previously awarded and who failed to execute the same shall be liable to Owner for the difference between the sum to which said Bidder would have been entitled upon the completion of the Contract and that which the Owner may be obliged to pay the Bidder by whom such Contract Documents are executed.

d. Contract Bond (Performance, Payment, Completion, and Maintenance Bond): The successful Bidder for each Contract shall be required to furnish all aspects of the Contract Bond in the full amount of his Contract within seven (7) calendar days after notification of the acceptance of his Bid, which Contract Bond must be in a form acceptable to the Owner and written by a reputable Surety Company authorized to do business in the State of New Jersey, and sufficiently sound financially, as of the Bid Date, as judged by the Owner’s Attorney, per the current requirements of N.J.S.A. 2A:44-143.

1. Agents of Bonding Companies which write Bonds for the performance of the Contract shall furnish power of attorney, bearing the seal of the company, evidencing such agent's authority to execute the particular type of bond to be furnished, and evidencing both (a) the right of the Surety Company to do business in the State of New Jersey, and (b) the adequate financing of the Surety Company to insure that the Contract guarantees of the full performance of the Contract are performed to completion. A copy of this proof shall be attached to each copy of the Bond.

2. If, at any time after the execution and authorization of a Contract and Contract Bond required by the Contract Documents, the Owner shall deem any sureties upon such Bond to be unsatisfactory, or if, for any reason, such Bond shall cease to be adequate security for the Owner, the Contractor shall, within seven (7) calendar days after notice, furnish new or additional Bond, in form, sum, and signed by such Sureties as shall be satisfactory to Owner. No further payment shall be deemed due nor shall any further payment be made to Contractor unless and until such new or additional Bond shall be furnished and authorized. The premiums on all Bonds shall be paid by the Contractor.

G2-IB - FCSI: 02/01/259

3. See General Conditions Par. G5-G.1, and form of Contract Bond in Section CB of the General Documents, including, but not limited to, the Maintenance Bond for two (2) full years after Owner's Final Acceptance of the Project, as part of the Bond's "Completion" aspect.

FCSI: 02/01/25 G2-IB - 10

Bid Document Checklist for General Contract

BOROUGH OF FAIR HAVEN

Fair Haven, NJ 07704 Required with Bid

Read, Signed, & Submitted

G3/BC-1 FCSI: 02/01/25

Section BC Bidder's Checklist

This form is required to be submitted. It is provided for bidder's use in assuring compliance with all required documentation.

Name of Bidder

Signature of Authorized Representative

Please Print

Please Print

Please Print

By:

Name:

Title:

Date:

For:

Non-Debarment Certification

Requested with Bid, but Required prior to Award

Bid Form (including acknowledgement of Addenda)

Bid Security (Bid Bond, Certified Check, or Cashier's Check)

Consent of Surety

Surety Disclosure Statement

Affidavit of Non-Collusion

Bidder Disclosure Statements

Ownership Disclosure Statement

Bidder's Checklist

Copy of Contractor's Business Registration Certificate

Copies of Business Regist. Certificates for all listed Subcontractors

Public Works Contractor's Registration Certificate

Public Works Contractor's Regist. Cert. for Subcontractors

Disclosure of Investment Activities in Iran

Prevailing Wage Act Form

List of Subcontractors

Affirmative Action Employee Information

Section BF Bid Form

BID SUBMITTED BY:

ADDRESS:

MADE THIS _________________________ day of ________________________ 2025.

TO: BOROUGH OF FAIR HAVEN

748 River Road Fair Haven, NJ 07704

PROPOSAL: In compliance with the Instructions to Bidders, the undersigned hereby proposes to furnish all labor and materials and perform all work for the: GENERAL CONTRACT for the Project entitled: Fisk Chapel Site Improvements for the Owner entitled Borough of Fair Haven, NJ 07704, such work and Contract to be performed in strict accordance with the Bidding Documents, Drawings, Specifications, and General Conditions dated 10/01/24, including all Addenda to said Bidding Documents, Drawings, and

Specifications, as prepared by The Goldstein Partnership, LLC, Architects, for the total consideration of the following amount:

1. BASE BID CONTRACT SUM: $

DOLLARS

2. ALTERNATES: None requested.

3. UNIT PRICE: None requested.

4. ALLOWANCES: Any allowances can be found in the Technical Specifications.

5. ABSORPTION OF COST INCREASES: The undersigned Bidder agrees to assume all applicable increases in labor rates and material and equipment prices which may develop during the life of this Contract.

6. TIME TO COMPLETE: Work on the General Contract is scheduled to commence as soon after signing of the Contract as weather permits. Bidder agrees that if awarded the aforesaid Contract, Bidder will, for the Base Bid Contract Sum (which sum includes all Project allowances) plus awarded Alternates, complete all work, including necessary overtime, within: ONE HUNDRED TWENTY (120) calendar days after issuance of a Notice to Proceed. The Contractor will be subject to liquidated damages if the work is not completed within that time.

7. BID ACCEPTANCE: If written notice (Award) of acceptance is given within sixty (60) days following the date of bid opening (unless extended pursuant to N.J.S.A. 40A:11-24), the undersigned will within seven (7) calendar days after tender of a form of Contract to the undersigned, execute and return such Contract together with the Contract (Performance, Payment, Completion, and Maintenance) Bond(s) in the full amount of the Contract, in accordance with the Contract terms and the Instructions to Bidders and Bid Documents. Pursuant to N.J.S.A.

40A:11-24, 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. This Bid may be withdrawn at any time prior to the scheduled Opening of Bids or any authorized postponement thereof, and within 5 days after bid opening due to mistake, per N.J.S.A. 40A:11-23.3.

G3/BF - FCSI: 02/01/251

Section BF Bid Form

8. EMPLOYER’S IDENTIFICATION NUMBER: The undersigned Employer’s Identifying number used when filing Employer’s Quarterly Federal Tax Return is: E.I. Number: ___________________________

9. ADDENDUM RECEIPT: Receipt of these Addenda to Specifications and Drawings is acknowledged:

Addendum No. ___________________________ Dated ______________________________

Addendum No. ___________________________ Dated ______________________________

Pursuant to N.J.S.A. 40A:11-23.2, failure to acknowledge receipt of any issued addendum will be a fatal defect and render the bid proposal unresponsive.

10. EXECUTION OF BID: IN WITNESS WHEREOF, the undersigned Bidder has caused this Bid to be duly executed by authorized person to bind contractor to this bid.

11. BIDDING DOCUMENTS: See the Bidder’s Checklist for the list of Bidding Documents required to be submitted with the Bid and those requested to be submitted with the Bid, but required prior to Contract Award.

FAILURE TO PROVIDE ANY OF THE REQUIRED ITEMS WITHIN THE TIME PERMITTED BY LAW SHALL

RESULT IN DISQUALIFICATION OF BIDDER.

SIGNATURE: WITNESS:

Signed Signature Typed Signature Name of Firm Address Date State of Incorporation

(if Bidder is a corporation) Names of all Partners

(if Bidder is a partnership)

FCSI: 02/01/25 G3/BF - 2

Section BB Bid Bond

BID BOND

(Must be Executed and Submitted with Bid)

KNOW ALL MEN BY THESE PRESENTS, that I (we), the undersigned

Name of Bidder: _________________________________________________________ as Principal, and

_______________________________________________________________________ as Surety, are hereby held and firmly bound unto Borough of Fair Haven, NJ, hereinafter referred to as the Owner, in sum of:

__________________________________________________ DOLLARS ($___________)

(Must be dollar figure - NOT "10%", but not more than $20,000) for the payment of which sum, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns.

The Condition of the above obligation is such that whereas the principal has submitted to the Owner a certain Bid, attached hereto and made a part hereof, to enter into a Contract, in writing, for the performance of the General Contract:

for the Project entitled Fisk Chapel Site Improvements, Borough of Fair Haven, NJ 07704.

NOW THEREFORE,

(a) If Said Bid shall be rejected, or, in the alternative,

(b) If said Bid shall be accepted and the Principal shall execute and deliver to Owner a Contract in the form described in the Instructions to Bidders or in the format enclosed with the Instructions to Bidders, and shall in all other respects perform the agreements and obligations created by the acceptance of such Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all default of the Principal hereunder shall be the amount of this obligation as herein stated.

The Surety, for value received, stipulates and agrees that its obligations shall in no way be impaired or affected by any extension of the time within which the Owner may accept the Bid of the Principal; and said Surety waives notice of any such extension.

Signed, sealed and delivered in the presence of

ATTEST: ________________________________________________

Principal

_______________________________ BY: ________________________________________________ As to Principal Name Title Date

ATTEST: ________________________________________________

Surety

_______________________________ BY: ________________________________________________ As to Surety Name Title Date

(Bidders may use any standard form of bid bond that complies with the requirements of N.J. S.A. 40A:11-21.)

Bid Bonds must be accompanied by the usual form of proof of authority of officers of Surety Company to execute the same, together with (a) proof of Surety's authority to do business in the State of New Jersey as a Surety Company, and

(b) evidence of financial soundness).

G3/BB - FCSI: 02/01/251

Section CS Consent of Surety

CONSENT OF SURETY

Fisk Chapel Site Improvements, Borough of Fair Haven, NJ

In consideration of the sum of One Dollar ($1.00), lawful money of the United States of America, the receipt whereof is hereby acknowledged, the undersigned consents and agrees that if the Contract, for which the preceding estimate and proposal is made, be awarded to the person or persons making the same, it will become bound as surety and provide performance payment bonds guaranteeing the bidder’s faithful performance as required by the Contract Documents.

In witness whereof, said corporation has set its seal and caused there present to be signed by its fully authorized officer this ________ day of _______________, 2025.

A Corporate Acknowledgement and State to be hereto attached by the Surety Company.

ATTEST:

By. __________________________________

(Surety Company)

NOTE: TO ALL BONDING COMPANIES

ANY STANDARD BONDING COMPANY FORMS IN COMPLIANCE WITH NEW JERSEY LAW WILL BE

ACCEPTABLE.

FAILURE TO COMPLETE AND SUBMIT A FORM OF CONSENT OF SURETY WITH YOUR PROPOSAL

MAY…