franklin 639198197949400000.pdf

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NOTICE TO BIDDERS

NOTICE IS HEREBY GIVEN that sealed bids will be opened and read in public by the Purchasing Agent for Township of Franklin, Somerset County, Municipal Building 475 DeMott Lane, Somerset, New Jersey, at 11:30 a.m. prevailing time on July 31, 2026 for the following:

Street Resurfacing 2026 Golf View Dr Area Resurfacing

Contract # B26-015-ENG

Bids shall be delivered in sealed envelopes and addressed to Jennifer Burns, Purchasing Agent, Purchasing Office at the Municipal Building, 475 DeMott Lane, Somerset, NJ 08873, clearly marked on the outside with the contract name and number, bearing the name and address of the bidder on the outside.

Drawings/plans for this bid are free of charge and MUST be obtained in person at the office of the Purchasing Administrator, during regular business hours 8:30 am thru 4:00pm on or after July 17, 2026.

Specifications and instructions may be obtained at the Purchasing Office or can be downloaded from the website https://www.franklintwpnj.org/

Bidder shall submit with the bid a certified check, cashier’s check or bid bond in the amount of ten percent (10%) of the total price bid, but not in excess of $20,000, payable unconditionally to Franklin Township, along with a Certificate (Consent of Surety) with Power of Attorney for full amount of bid price from a Surety Company authorized to do business in the State of New Jersey and that said Surety will furnish a Performance and Payment Bond in amounts of 100% of successful bidder’s contract.

*All Bid Addenda and bid tabulations will be issued on the website at https://www.franklintwpnj.org/ and processed in accordance with N.J.S.A 40A: 11-23(c). All interested respondents should check the website from now through bid opening. It is the sole responsibility of the respondent to be knowledgeable of all addenda related to this procurement.

Bidders shall comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27 et seq.

Jennifer Burns, QPA Posted: July 17, 2026

TOWNSHIP OF FRANKLIN, COUNTY OF SOMERSET

475 DeMott Lane, Somerset, NJ 08873-6704

MUNICIPAL BUILDING

Somerset, NJ 08873-6704

PURCHASING DEPARTMENT

Jennifer Burns

Purchasing Agent, QPA

PHONE: (732) 873-2500 ext. 6239 Email: Jennifer.Burns@franklinnj.gov

TOWNSHIP OF FRANKLIN, COUNTY OF SOMERSET

GENERAL INSTRUCTIONS

1. SUBMISSION OF BIDS

A. Sealed bids shall be received in accordance with public advertisement as required by law, a copy of said notice being attached hereto and made a part of these specifications.

B. Each bid shall be submitted on the proposal form attached, in a sealed envelope

(1) addressed to the Purchasing Agent

(2) bearing the name and address of the bidder on the outside

(3) clearly marked "BID" with the name of the item(s) being bid.

Provide One (1) Original & one (1) copy of the bid.

(4) The Township is storing all responses electronically; therefore submit all pages of the response on a CD or flash drive in addition to the printed copies.

C. It is the bidder's responsibility to see that bids are presented to the Purchasing Agent on the hour and at the place designated. The Township disclaims any responsibility for bids forwarded by regular or express mail.

If the bid is sent by express mail, the designation in B. above must also appear on the outside of the express company envelope. Bids received after the designated time and date will be returned unopened.

D. The Township reserves the right to postpone the date for presentation and opening of bids and will give written notice of any such postponement to each prospective bidder as required by law.

E. More than one bid from an individual, a firm or partnership, a corporation or association under the same or different names shall not be considered.

F. In the event of a manufacturer’s price decrease during the contract period, the Township shall receive the full benefit of such price reduction.

2. BID SECURITY

The following provisions, if indicated by an (x), shall be applicable to this bid and be made a part of the bidding documents:

A. BID GUARANTEE

Bidder shall submit with the bid a certified check, cashier’s check or bid bond in the amount of ten percent (10%) of the total price bid, but not in excess of $20,000, payable unconditionally to the Township.

When submitting a Bid Bond, it shall contain Power of Attorney for full amount of Bid Bond from a surety company authorized to do business in the State of New Jersey and acceptable to the Township.

The check or bond of the unsuccessful bidder(s) shall be returned as prescribed by law. The check or bond of the bidder to whom the contract is awarded shall be retained until a contract is executed and the required performance bond or other security is submitted.

The check or bond of the successful bidder shall be forfeited if the bidder fails to enter into a contract pursuant to statute. Failure to submit the required bid guarantee shall be cause for rejection of the bid.

B. CONSENT OF SURETY

Bidder shall submit with the bid a Certificate (Consent of Surety) with Power of Attorney for full amount of bid price from a Surety Company authorized to do business in the State of New Jersey and acceptable to the Township, stating that it will provide said bidder with a Performance and Payment Bond in the full amount of the bid. This certificate shall be obtained in order to confirm that the bidder to whom the contract is awarded will furnish Performance and Payment bond from an acceptable surety company on behalf of said bidder, any or all subcontractors, or each respective subcontractor, or any combination thereof, which results in performance and payment security equal to the total amount of the contract, pursuant to statute.

Failure to submit this shall be cause for rejection of the bid.

C. PERFORMANCE AND PAYMENT (LABOR AND MATERIAL) BOND

Successful bidder shall simultaneously with the delivery of the executed contract, submit an executed Performance and Payment bond in the amount of one hundred percent (100%) of the acceptable bid as security for the faithful performance of this contract and guarantee of all payments to laborers and suppliers for the labor and material used in the work performed in the contract..

D. MAINTENANCE BOND: REQUIRED IF CHECKED

1. Upon acceptance of the work by the Township, the vendor shall submit a maintenance bond in the amount of ten percent 10% guaranteeing against defective quality of work or materials for the period of one (1) year.

2. The performance bond provided shall not be released until final acceptance of the whole work and then only if any items or claims have been satisfied and any maintenance bonds required have been executed and approved by the Township.

3. The surety on such bond or bonds shall be a duly authorized surety company authorized to do business in the State of New Jersey and acceptable to the Township.

3. QUOTATIONS, BIDS AND FORMS

A. (1). Franklin Township, County of Somerset is exempt from any local, state or federal sales, use or excise tax. Franklin Township will not pay service charges such as interest and late fees.

(2). The Township of Franklin or any of its offices and divisions will not complete credit applications as a result of contract(s) resulting from award based on these specifications.

B. Bids must be signed in ink by the bidder, all quotations shall be made with a typewriter or pen and ink.

Any quotation showing any erasure alteration must be initialed by the bidder in ink. Unit prices and totals are to be inserted in spaces provided.

C. Failure to sign and give all information in the bid may result in the bid being rejected.

D. Insert prices for furnishing all of the material/or labor described. Prices shall be all inclusive (gross) including all transportation charges fully prepaid by the contractor (F.O.B. destination, freight prepaid) and placement as designated by the Township. No additional charges will be allowed for any transportation costs resulting from partial shipments made at vendors’ convenience when a single shipment is ordered.

E. Any bidder may withdraw his bid at any time before the time set for receipt of bids. No bid may be withdrawn in the 60 day period after the bids are received, except as provided by N.J.S.A. 40A:11- 23.3.

F. All forms shall be completed and attached to the bid proposal. BIDDER IS ALERTED TO THE BID

DOCUMENT CHECK LIST PAGE.

4. INTERPRETATIONS AND ADDENDA

A. The bidder understands and agrees that its bid is submitted on the basis of the specifications prepared by the Township. The bidder accepts the obligation to become familiar with these specifications.

B. Bidders are expected to examine the specifications and related documents with care and observe all their requirements. Ambiguities, errors or omissions noted by bidders should be promptly reported in writing to the Purchasing Administrator. In the event the bidder fails to notify the Township of such ambiguities, errors or omissions, the bidder shall be bound by the bid.

C. No oral interpretation of the meaning of the specifications will be made to any bidder. Every request for an interpretation shall be in writing, addressed to the Purchasing Administrator. In order to be given consideration, written requests for interpretation must be received at least ten (10) days prior to the date fixed for the opening of the bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications, and will be distributed to all prospective bidders, in accordance with statute N.J.S.A. 40A:11-23 (c)(2). For all contracts for construction work, notice 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 in any of the following ways: i) in writing by certified mail or ii) by certified facsimile transmission, meaning that the sender's facsimile machine produces a receipt showing date and time of transmission and that the transmission was successful or iii) by a delivery service that provides certification of delivery to the sender All addenda so issued shall become part of the contract documents, and shall be acknowledged by the bidder in the bid. The Township’s interpretations or corrections thereof shall be final.

D. 1. If the amount shown in words and its equivalent figures do not agree, the written words shall be binding.

Ditto marks are not considered writing or printing and shall not be used.

2. In the event that there is a discrepancy between the unit prices and the extended totals, the unit prices shall prevail. In the event there is an error of the summation of the extended totals, the computation by the Township of the extended totals shall govern.

5. BRAND NAMES, STANDARDS OF QUALITY, PATENTS

A. Only manufactured and farm products of the United States, wherever available, shall be used on this contract in accordance with prevailing statutes.

B. Brand names and/or descriptions used in this bid are to acquaint bidders with the type of commodity desired and will be used as a standard by which alternate or competitive materials offered will be judged.

Competitive items must be equal to the standard described and be of the same quality of work. Variations between materials described and the materials offered are to be fully explained by the bidder on a separate sheet and submitted with the proposal form. Vendor's literature will not suffice in explaining exceptions to these specifications. In the absence of any or equivalent product request by the bidder, it will be presumed and required that materials as described in the proposal be delivered.

C. It is the responsibility of the bidder to demonstrate the equivalency of item(s) offered. The Township reserves the right to evaluate the equivalency of a product which, in its deliberations, meets its requirements.

D. The contractor shall hold and save harmless the Township, its officers, agents, servants, and employees, from any liability of any nature and kind for or on account of the use of any copyrighted or un-copyrighted composition, secret process, patented or unpatented invention or article furnished or used in the performance of this contract.

E. Estimated Quantities, the Township has attempted to identify the item(s) and the estimated amounts of each item bid to cover its requirements; however, past experience shows that the amount ordered may be different than that submitted for bidding. The right is reserved to decrease or increase the quantities specified in the specifications pursuant to Statute. No minimum purchase is implied or guaranteed.

6. AWARD OF BID

A. The Township reserves the right to accept or reject any or all bids, to waive identified irregularities and technicalities, and to award in whole or in part to the lowest responsible bidder, in accordance with applicable laws. Without limiting the generality of the foregoing, any bid which is incomplete, obscure, or irregular may be rejected, any bid having erasures or corrections in the price sheet may be rejected; any bid in which unit prices are omitted, or in which unit/total prices are unbalanced, may be rejected; any bid accompanied by any insufficient or irregular certified check, cashier's check or bid bond may be rejected.

B. The Township further reserves the right to award each branch separately to the lowest responsible bidder meeting specifications or to make an award based on the total bid to the bidder whose total sum is the low bid meeting the specifications, whichever in the awarding authorities' opinion is in the best interest of the Township. Without limiting the generality of the foregoing, the Township reserves the right to award a contract based on either option that may be described in the bid proposal or based on any combination thereof.

C. The Township reserves the right to award equal or tie bids to the vendor whose response, in the discretion of the contracting unit, is the most advantageous, price and other factors considered. In such a case, the award resolution or purchase order documentation shall explain why the vendor selected is the most advantageous, in accordance with N.J.S.A. 40A:11-6.1..

D. Should the bidder, to whom the contract is awarded, fail to enter into a contract, the Township may then, at its option, accept the bid of the next lowest responsible bidder.

E. Continuation of the terms of this contract beyond the fiscal year is contingent on availability of funds in the following year's budget. In the event of unavailability of such funds, the Township reserves the right to cancel this contract.

F. Government entities are not private business/consumer clients; therefore, separate company agreements are not honored. Terms of the specifications/bid package prevail.

G. If applicable, successful bidder shall be responsible for being fully informed about the cost and for obtaining any applicable permits or licenses from any government entity that has jurisdiction to require the same. All bids submitted shall include this cost in the bid price agreement. These approvals may be from persons or government bodies other than the Township. The contractor shall be responsible for obtaining the approval and acceptance of this work by such persons, counties and similar bodies. Such work may include, but shall not be restricted to, township road opening permits, replacement of sidewalks, curbs, pavement or utilities and other incidental work required to complete the contract. Any fees associated with building permits and any associated inspection fees shall be borne by the contractor.

H. The successful bidder will not assign any interest in this contract and shall not transfer any interest in the same without the prior written consent of the Township. If, during the life of the contract, the contractor disposes of his/her business concern by acquisition, merger, sale and/or transfer or by any means convey his/her interests to another party, all obligations are transferred to that new party. In this event, the new owner(s) will be required to submit all documentation/legal instruments that were required in the original bid/contract. Any change shall be approved by the Township.

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

J. If the award is to be made on the basis of a base bid only, it shall be made to that responsible bidder whose base bid is the lowest.

K. If the award is to be made on the basis of a combination of a base bid with selected options, it shall be made to that responsible bidder whose net bid on such combination is the lowest.

L. Comparison of bids will be made on the basis of the relative amount of the respective base bids, as corrected for any errors, together with the adoption of any alternative items deemed advantageous to the

Township or necessary to maintain the cost of the work within the funds available. The Township reserves the right to select the size and type of construction deemed by it to be the most advantageous and to its best interest.

M. P.L. 2021, c. 301 requires a contractor submitting the lowest bid for a contract that is subject to the Prevailing Wage Act, if that bid is 10 percent or more lower than the next lowest bid, to 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 shall award the contract to the next lowest responsible and responsive bidder.

7. NEW JERSEY PREVAILING WAGE ACT (When Applicable)

Pursuant to N.J.S.A. 34:11-56.25 et seq., contractors on projects for public work shall adhere to all requirements of the New Jersey Prevailing Wage Act. The contractor shall be required to submit a certified payroll record to the owner within ten (10) days of the payment of the wages. The contractor is also responsible for obtaining and submitting all subcontractors’ certified payroll records within the aforementioned time period. The contractor shall submit said certified payrolls in the form set forth in N.J.A.C. 12:60-6.1(c). It is the contractor’s responsibility to obtain any additional copies of the certified payroll form to be submitted by contacting the New Jersey Department of Labor and Workforce Development, Division of Workplace Standards. Additional information is available at http://lwd.dol.state.nj.us/labor/wagehour/wagerate/prevailing_wage_determinations.html.

a. The Wage Rates for the trade/locality of the project will be included by the Township in the final executed contract;

b. Workers cannot be employed at less than the prevailing wage rates; and,

c. If the Employer pays less than the prevailing wage rates, the Township may, in addition to any other remedies, terminate the work.

8. THE PUBLIC WORKS CONTRACTOR REGISTRATION ACT

N.J.S.A. 34 :11-56.48 et seq. requires that a general or prime contractor and any listed subcontractors named in the contractor’s bid proposal shall possess a certificate at the time the bid proposal is submitted.

After bid proposals are received and prior to award of contract, the successful contractor shall submit a copy of the contractor’s certification along with those of all listed subcontractors. All non-listed subcontractors and lower tier sub-subcontractors shall be registered prior to starting work on the project. It is the general contractor’s responsibility that all non-listed sub-contractors at any tier have their certificate prior to starting work on the job.

Under the law a “contractor” is “a person, partnership, association, joint stock company, trust, corporation or other legal business entity or successor thereof who enters into a contract” which is subject to the provisions of the New Jersey Prevailing Wage Act (N.J.S.A. 34 :11-56.25, et seq.) It applies to contractors based in New Jersey or in another state.

The law defines “public works projects” as contracts for “public work” as defined in the Prevailing Wage statute (N.J.S.A. 34 :11-56.25(5) ). The term means:

• “Construction, reconstruction, demolition, alteration, or repair work, or maintenance work, including painting and decorating, done under contract and paid for in whole or in part out of the funds of a public body, except work performed under a rehabilitation program.

• “Public work” shall also mean construction, reconstruction, demolition, alteration, or repair work, done on any property or premises, whether or not the work is paid for from public funds… “

• “Maintenance work” means the repair of existing facilities when the size, type or extent of such facilities is not thereby changed or increased. While “maintenance” includes painting and decorating and is covered under the law, it does not include work such as routine landscape maintenance or janitorial services.

To register, a contractor must provide the State Department of Labor with a full and accurately completed application form. The form is available online at www.state.nj.us/labor/lsse/lspubcon.html. N.J.S.A. 34:11-

56.55 specifically prohibits accepting applications for registration as a substitute for a certificate or registration.

9. NON-COLLUSION AFFIDAVIT

The Non-Collusion Affidavit, which is part of these specifications, shall be properly executed and submitted intact with the proposal.

10. NON-DISCRIMINATION

There shall be no discrimination against any employee engaged in the work required to produce the commodities covered by any contract resulting from this bid, or against any applicant to such employment because of race, religion, sex, national origin, creed, color, ancestry, age, marital status, affectional or sexual orientation, familial status, liability for service in the Armed Forces of the United States, or nationality. This provision shall include, but not be limited to the following: employment upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The contractor shall insert a similar provision in all subcontracts for services to be covered by any contract resulting from this bid.

11. MANDATORY EEO/AFFIRMATIVE ACTION EVIDENCE

NO FIRM MAY BE ISSUED A CONTRACT UNLESS THEY COMPLY WITH THE EEO/AFFIRMATIVE

ACTION REGULATIONS OF P.L. 1975, c. 127, AS AMENDED FROM TIME TO TIME, AND THE

AMERICANS WITH DISABILITIES ACT.

A. Procurement, Professional and Service Contracts

All successful vendors must submit prior to an award of the contract one of the following:

(1) A photocopy of their Federal Letter of Affirmative Action Plan Approval, or

(2) A photocopy of their State Certificate of Employee Information Report, or

(3) A photocopy of completed Affirmative Action Employee Information Report:

AA302- Available on-line at www.state.nj.us/treasury/contract_compliance

B. Construction Contracts All successful contractors must submit prior to signing of the contracts an Initial Project Manning Report (AA201-available on-line at www.state.nj.us/treasury/contract_compliance) for any contract award that meets or exceeds the bidding threshold.

12. WORKER AND COMMUNITY RIGHT TO KNOW ACT

The manufacturer or supplier of chemical substances or mixtures shall label them in accordance with the N.J. Worker and Community Right to Know Law (N.J.S.A. 34: 51 et seq., and N.J.A.C 5:89-5 et seq.,).

Containers that the law and rules require to be labeled shall show the Chemical Abstracts Service number of all the components and the chemical name. Further, all applicable Material Safety Data Sheets MSDS) aka hazardous substance fact Sheet, must be furnished.

13. STATEMENT OF OWNERSHIP

In accordance with N.J.S.A. 52:25-24.2, no corporation, partnership, limited partnership, limited liability corporation, limited liability partnership, Subchapter S corporation or sole proprietorship, shall be awarded a contract, unless prior to the receipt of the bid or accompanying the bid of the corporation, partnership, limited partnership, limited liability corporation, limited liability partnership, subchapter S corporation or sole proprietorship, there is submitted to the Township a statement setting forth the names and addresses of all stockholders who own 10% or more of the stock, of any class, or of all individual partners or members who own a 10% or greater interest in the corporation, partnership, limited partnership, limited liability corporation, limited liability partnership, Subchapter S corporation or sole proprietorship. If one or more such interestholders is itself a corporation or partnership or limited liability company, the interestholders holding

10% or more of that entity’s stock, partnership, or other form of interest, as the case may be, shall also be listed. The disclosure shall be continued until names and addresses of every individual interestholder exceeding the 10% ownership criteria established in this act has been listed. This form shall be signed and submitted with the bid/proposal whether or not any interestholder(s) owns more than 10% of the business submitting the bid. Failure to comply requires mandatory rejection of the bid/proposal.

14. ACQUISITION, MERGE, SALE AND/OR TRANSFER OF BUSINESS, ETC.

It is understood by all parties that if, during the life of the contract, the contractor disposes of his/her business concern by acquisition, merger, sale and/or transfer or by any means convey his/her interest(s) to another party, all obligations are transferred to that new party. In this event, the new owner(s) will be required to submit, when required, a performance bond in the amount of the open balance of the contract.

Any transfer of contracts must be submitted in writing and approved by Franklin Township.

15-18 Reserved for Future Use

19. ADDITIONS/DELETIONS OF SERVICE:

The Township reserves the right to add and/or delete services to this contract, in accordance with applicable laws including, but not limited to, N.J.A.C. 5:30-113. Should a service requirement be deleted, payment to the Contractor will be reduced proportionally to the amount of service deleted in accordance with the bid price. Should additional services be required, payment to the Contractor will be increased proportionally to the amount of service added in accordance with the bid price.

20. Vendor’s literature and/or pricing sheets will not be accepted in lieu of completing the proposal blank(s) set forth in these specifications.

21. ALTERING OFFICIAL DOCUMENT

Bidders shall not write in margins or alter the official content or requirements of the Township bid documents.

22. SPECIFICATIONS

Any prospective bidder who wishes to challenge a bid specification shall file such challenges in writing with the contracting agent 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 contracting unit or the award of contract.

23. OWNERSHIP OF MATERIAL

The owner shall retain all of its rights and interest in any and all documents and property both hard copy and digital furnished by the owner to the contractor for the purpose of assisting the contractor in the performance of this contract. All such items shall be returned immediately to the owner at the expiration or termination of the contract or completion of any related services, pursuant thereto, whichever comes first. None of the documents and/or property shall, without the written consent of the owner, be disclosed to others or used by the contractor or permitted by the contractor to be used by their parties at any time except in the performance of the resulting contract.

Ownership of all data, materials and documentation originated and prepared for the owner pursuant to this contract shall belong exclusively to the owner. All data, reports, computerized information, programs and materials related to this project shall be delivered to and become the property of the owner upon completion of the project. The contractor shall not have the right to use, sell, or disclose the total of the interim or final work products, or make available to third parties, without the prior written consent of the owner. All information supplied to the owner may be required to be supplied on CD-ROM media compatible with the owner’s computer operating system, windows based, Microsoft Office Suite 2000.

24. AMENDMENTS TO N.J.S.A. 2C: 21-33 et. seq. “TRUTH IN CONTRACTING”

Provisions of law govern false claims and representation. It is a serious crime for the vendor to knowingly submit a false claim and/or knowingly make material misrepresentation. There are enhanced penalties for areas of false claims, bid rigging and bribery, gratuities and gifts; and conflict of interest. Please consult the statute for further information.

25. N.J. BUSINESS REGISTRATION PROGRAM

Pursuant to N.J.S.A. 52:32-44, Franklin Township Somerset NJ (“Contracting Agency”) is prohibited from entering into a contract with an entity unless the bidder/proposer/contractor, and each subcontractor that is required by law to be named in a bid/proposal/contract has a valid Business Registration Certificate on file with the Division of Revenue and Enterprise Services within the Department of the Treasury at the time of contract award.

26. “PAY TO PLAY” – NOTICE OF DISCLOSURE REQUIREMENT – P.L. 2005, Chapter 271, Section 3

Reporting (N.J.S.A. 19:44A – 20.27)

1. Any business entity that has received $50,000 or more in contracts from government entities in a calendar year is required to file an annual disclosure report with ELEC. The instructions and form are available on the ELEC website.

2. Annual Disclosures require submission by March 30th of each year covering contracts and contributions for the prior calendar year.

3. At a minimum, a list of all business entities that file an annual disclosure report will be listed on

ELEC’s website at www.elec.state.nj.us.

4. If you have any questions please contact ELEC at: 1-888-313-ELEC (3532) (toll free in NJ) or 609-

292-8700

27. NON-ALLOCATION OF FUNDING TERMINATION

Each fiscal year payment obligation of the Owner is conditioned upon the availability of Owner funds appropriated or allocated for the payment of such an obligation. If funds are not allocated and available for the continuance of any services performed by the Contractor hereunder, whether in whole or in part, the Owner at the end of any particular fiscal year may terminate such services. The Owner will notify the Contractor in writing immediately of any services that will be affected by a shortage of appropriated funds.

This provision shall not be construed so as to permit the Owner to terminate this Agreement during the term, or any service hereunder, merely in order to acquire identical services from a third party contractor.

28 FORCE MAJEURE

Neither party shall be responsible for any resulting loss or obligation to fulfill duties as specified in any of the terms or provisions of this Agreement if the fulfillment of any term or provision of this Agreement is delayed or prevented by any revolutions, insurrections, riots, wars, acts of enemies, national emergencies, strikes,floods, fires, acts of God, or by any cause not within the control of the party whose performance is interfered with which by the exercise of reasonable diligence such party is unable to prevent. Additionally, if the fulfillment of any of the terms and provisions of this Agreement is delayed or prevented by any court order, or action or injunction or other such agreement, this Agreement shall become voidable by the Franklin Township by notice to each party.

29. The Township and the Contractor each bind themselves and their successors, executors, administrators, heirs and assigns and legal representatives of the other party respecting all covenants and agreements and obligations of this contract.

30. The terms of this Agreement shall be construed and interpreted, and all respective rights and duties of the parties shall be governed by the laws of the State of New Jersey.

31. NON-PAYMENT OF PENALTIES AND INTEREST ON OVERDUE BILLS

Public funds may be used to pay only for goods delivered or services rendered. Franklin Township will not pay penalties and/or interest on overdue bills. No employee is authorized to sign a letter of credit or any other document that represents a legal commitment on the part of the Township to pay additional fees.

32. FIRM FIXED CONTRACT

This is a firm fixed contract, prices firm, FOB Township locations. No price escalation. The vendor shall void the contract and permit the Township to solicit open market pricing should any price increase or surcharge be imposed.

33. W-9

Successful bidder/respondent shall complete W-9 Form and submit to Purchasing prior to contract award. The form is available at the following link: www.irs.gov/pub/irs-pdf/fw9.pdf

34. Future use

35. PUBLIC EMERGENCY

In the event of a Public Emergency declared at the Local, State or Federal Level, if the Township opts to extend terms and conditions of this bid, the contractor agrees to extend the terms and conditions of this bid, whether existing, expiring or expired no longer than six months, for goods and/or services for the duration of the emergency. In the event the original contractor cannot meet this requirement, the Township may solicit the goods and/or services from any bidder on this contract.

36. SOURCE OF SPECIFICATIONS/BID PACKAGES

Drawings/plans for this bid are free of charge, they MUST be obtained in person at the office of the Purchasing Administrator, during regular business hours 8:30 am thru 4:00pm Monday thru Friday. Specifications and instructions may be obtained at the Purchasing Office or can be downloaded from the website https://www.franklintwpnj.org/

All addenda are posted on the website site. Potential bidders are cautioned that they are bidding at their own risk if a third party supplied the specifications that may or may not be complete. The Township is not responsible for third party supplied specifications.

37. EMPLOYEE WAGE REPORTING:

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

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

38. CONTRACT PERIOD:

A. The contract shall be in effect until all the terms of the specifications are met. The contractor shall carry on the work regularly and without interruption at a rate to insure full completion of the base bid contract, 60 days from Notice to Proceed.

B. In any event, the Township reserves the right to cancel the contract with 30-day notification to the vendor.

C. If, through any cause, the successful bidder shall fail to fulfill in a timely and proper manner obligations under this contract, or if the contractor shall violate any of the requirements of this contract, the Township shall thereupon have the right to terminate this contract by giving written notice to the contractor of such termination and specifying the effective date of termination. Such termination shall relieve the Township of any obligation for balances to the contractor for work not yet completed or approved by the Township.

D. Notwithstanding the above, the contractor shall not be relieved of liability to the Township for damages sustained by the Township by virtue of any breach of the contract by the contractor and the Township may withhold any payments to the contractor for the purpose of compensation until such time as the exact amount of the damage due the Township from the contractor is determined.

E. The contractor agrees to indemnify and hold the Township harmless from any liability to subcontractors/suppliers concerning payment for work performed or goods supplied arising out of the lawful termination of the contract by the Township under this provision.

F. In case of default by the successful bidder, the Township may procure the services from other sources and hold the successful bidder responsible for any excess costs occurred.

G. Continuation of the terms of this contract beyond the fiscal year is contingent on availability of funds in the following year’s budget. In the event of unavailability of such funds, the Township reserves the right to cancel this contract.

39. DELIVERY AND INSPECTION:

A. Bidders shall guarantee delivery of materials in accordance with the delivery schedule provided in the specifications and/or bid proposal form.

B. All materials, equipment, supplies and/or services delivered to or performed for the Township shall be inspected upon delivery to insure compliance with specifications. Items which are not in accordance with the specifications will be rejected.

C. The successful bidder shall guarantee any and all materials and services supplied under these specifications. Defective or interior materials shall be replaced at the expense of the contractor. In case of rejected materials, the contractor will be responsible for return freight or removal from the site and proper disposal.

40. PAYMENTS

A. All payments will be processed in accordance with the Prompt Payment Act NJSA 2A:30A-1 et seq. and the Public Works payment requirements of 40A:11-16-2,16.3 and 16.4. The bidder must provide an itemized invoice and signed Purchase Order/Voucher. The Voucher will be certified correct by the Department Head who receives the material or service.

Payment will only be made following the approval of the Township Council. The Township Council meets and approves warrants on the second and fourth Tuesday of each month, except July, August and December, when they meet only on the 2nd Tuesday of the month.

Payment vouchers and invoices must reach the Department for review no later than three weeks before the Township Council meeting in order for payment to be on the agenda for approval. Once approved by Council, payment is made within five days.

B. Acceptance of the final payment by the bidder shall be considered as a release in full of all claims against the Township of Franklin, Somerset County.

C. Partial and Final Payments:

If the work progresses according to this contract, the contractor will be paid 98 percent (98%) of the work completed during the preceding month.

Upon completion of the work and acceptance by the Township, contractor will receive full final payment, including the 2 percent (2%) retainage held during the project.

All retainage shall be processed in accordance with NJSA 40A:11-16.1.

D. Township of Franklin will not pay penalties, interest, or late fees. No employee is authorized to sign a letter or credit of any other document that represents a legal commitment on the part of the Township to pay additional fees.

41. INSURANCE & INDEMNIFICATION

A. INDEMNIFICATION

If it becomes necessary for the bidder to enter upon the premises or property of the Township, or any other property not owned by the Township but where the bidder is acting as an agent for the township, to construct, erect, inspect, make delivery or remove property hereunder, the Contractor covenants and agrees to take, use, provide and make all proper, necessary and sufficient precautions, safeguards and protection against any accidents, injuries or damages. This includes land, and adjacent or nearby areas where incidental operations are performed including areas off the project site used for the purpose of storing materials, and excluding permanent locations of any insured party.

The obligation to indemnify and hold the Township of Franklin harmless under this Agreement shall extend to any negligent acts or omissions of the Contractor, its agents, employees, any of its Subcontractors, their agents, employees, anyone directly or indirectly employed by the Contractor or its Subcontractors, or anyone for whose acts they may be held liable. This obligation shall not limit, negate, diminish or otherwise reduce any other rights or obligations that may exist as to a party or person as described under this section.

In any claim by an employee of the Contractor, the Contractor’s Subcontractors, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, that may be made against the Township of Franklin or any person or entity indemnified under this Agreement, the indemnification obligation shall not be reduced or limited by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor, or its Subcontractors, under any laws, regulations or acts regarding workers compensation, disability benefits or any other employee benefits.

B. INSURANCE

Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. A Certificate of Insurance shall be filed with the Township of Franklin prior to commencement of the work.

C. MINIMUM SCOPE AND LIMIT OF INSURANCE

1. Commercial General Liability (CGL): Coverage for all operations including, but not limited to, contractual, products and completed operations, and personal injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Coverage for all owned, non-owned and hired vehicles with limits not less than $1,000,000 per occurrence, combined single limits (CSL) or its equivalent.

3. Workers Compensation: As required by the State of New Jersey and Employers Liability with limits not less than $1,000,000 per accident for bodily injury or disease.

4. Professional Liability (if design/build): Coverage with limits not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

5. Contractor’s Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors &

Omissions (if project involves environmental hazards): Coverage with limits no less than $1,000,000 per occurrence or claim/$2,000,000 aggregate.

6. Builders Risk (for major renovations): During the course of construction utilizing an “All Risk” coverage form with limits equal to the completed value of the project and no coinsurance penalty provisions. The Township of Franklin shall be named as Loss Payee as their interest may appear.

D. OTHER INSURANCE PROVISIONS

• The Township of Franklin, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor.

• For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance coverage as respects the Township of Franklin, its officers, officials, employees, and volunteers.

• Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the Township of Franklin.

• Any combination of primary and umbrella/excess policies may be used to satisfy the limits.

• Acceptability of Insurers - Insurance is to be placed with insurers authorized to conduct business in the State of New Jersey with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the Township of Franklin.

• Subcontractors - Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that the Township of Franklin is an additional insured on insurance required from subcontractors.

• Policies shall remain in force until all work has been completed and until all maintenance bonds have been released.

• Special Risks or Circumstances: The Township of Franklin reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

42. SUBCONTRACTORS: (Failure to submit shall result in rejection of bid.)

Bidders must submit names of subcontractors for the specialty trade categories shown below

Prospective prime contractor's failure to identify in its bid the particular subcontractors with whom it would deal will be cause for rejection of bid. These include:

• Plumbing and gas fitting

• Heating and air conditioning

• Electric

• Structural steel

43. CHANGE ORDERS:

A. New or unforeseen work will be determined by the Township's representative as that work which is substantially different from that on which the contractor bid. Should the contractor encounter conditions materially different from those indicated by the specifications or materially different from conditions generally recognized as inherent in the kind of work being performed, the Township shall be immediately notified. If the Township is in agreement with the contractor, a Change Order will be issued for an appropriate adjustment in contract time and cost.

B. If a mutually-satisfactory price can be agreed upon, the contractor shall proceed with the work without undue delay and payment shall be made as outlined below.

C. A Change Order authorizing any such work will be issued by the Township. The Township may refuse to compensate the contractor for any work performed which is not covered by the proposal or a Change Order.

44. ALTERNATE DISPUTE RESOLUTION:

A. If a dispute between the Township and the Contractor arises during the course of the contract, the parties will attempt to resolve the dispute, in good faith, through non-binding mediation.

B. Either party may demand such mediation by providing written notice to the other party. The written notice shall contain: (1) a detailed statement of the nature of the dispute, including all pertinent information and documentation; and (b) the name, address, and telephone number of that party’s present designated representative for the purposes of mediation. Any demand for mediation shall be delivered within three calendar days after the event or dispute in question arises. The other parties shall designate its representative for mediation, in writing, no later than five business days after the receipt of the demand for medication. The respective designees shall thereupon, and promptly, with due regard for the need for timely action, choose a mediator. If the parties cannot agree on a mediator, or if they prefer, they shall choose a reputable mediation firm. Any mediation firm so chosen shall present a list of at least five proposed mediators to the parties, and shall provide the parties with a summary of each person’s qualifications to serve as the mediator. Each party shall rank the proposed mediators in order of preference. The fifth and any lower ranked person on each list will be excluded from further consideration. The chosen mediator shall be the remaining person who is the combined highest ranking mediator on both preference lists, after deleting all excluded persons. In the event of a tie, the mediator shall be chosen by lot.

C. The parties will not be bound by the Rules of Evidence in presenting their positions before the mediator.

D. The mediation shall be conducted in such reasonable and efficient manner as may be agreed between the parties, and the mediator, or, in the lack of such an agreement, as may be determined by the mediator.

E. Each party will bear its own costs of participation in mediation, and they will divide the cost of the mediator equally.

F. If, after a good faith effort to resolve the dispute through mediation, the dispute is not resolved, either party may terminate the mediation by written notice to the mediator and to the other party, whereupon either party may submit the dispute to the Superior Court of New Jersey, Somerset County, for adjudication, which Court shall be exclusive original jurisdiction over the dispute.

45. TIME OF BEGINNING, COMPLETION AND DAMAGES FOR NON-COMPLETION:

A. The contractor shall carry on the work regularly and uninterruptedly at a rate to insure full completion of the entire contract.

B. If the contractor has finished the work after the above period of full completion, there may be deducted from the contract price and retained by the Township an amount to cover the actual cost paid by the Township for any inspection or construction-related engineering services related to the work for the number of days in excess of the completion time above mentioned.

C. In additional to the actual cost of observation and engineering services, the Township shall have full authority to and may deduct and retain from the payments to the contractor the sum of $500.00 for each day any portion of the work (exclusive of minor punch list items which have no substantial impact upon the usability or performance of the contract) remains uncompleted beyond the time limit noted above. This sum will be retained as liquidated damages due to the extreme difficulty of estimating the actual costs which would be suffered by the Township as a result of late completion and does not represent a penalty for late completion.

D. Extension of time may be granted by the Township by reason of unusual difficulty or for other cause deemed by the Township to be good and sufficient, provided that requests for extension be accompanied by the approval, in writing, the Surety Company appearing as such…