hopewell 26-17 SPECS_Titus Mill Draiange.pdf

PROJECT MANUAL

for

Bid #26-17

Drainage Improvements

Titus Mill Road

Hopewell Township, Mercer County

New Jersey

October 22, 2026 10:00 A.M.

201 Washington Crossing

Pennington Road

Titusville, NJ 08560

David Chait, Mayor

Uma Purandare, Deputy Mayor

Michael Ruger, Committee Member

Kevin Kuchinski, Committee Member

Courtney Peter-Manning, Committee Member

Prepared By: Approved by:

Van Cleef Engineering Associates, LLC Township of Hopewell

Date: 9-30-26 __________________________Date: 9-30-26 Herbert J. Seeburger, JR., P.E., Wendy Birkhead, P.E., Township Engineer

New Jersey Professional Engineer New Jersey Professional Engineer

New Jersey License Number 24GE04748700 New Jersey License Number 24 GE04519500

Invitation for Public Bid

NOTICE TO BIDDERS

Notice is hereby given that on October 22, 2026, at 10:00 A.M. (Prevailing time), sealed bids will be conducted in electronic platform in accord with N.J.A.C. 5:34-1 et. Seq., on BidNet Direct at www.bidnetdirect.com//townshipofhopewell, at which time and place the sealed bids will be received for the following:

Bid #26-17 Drainage Improvements Titus Mill Road

NOTE:

It is the bidder's responsibility to ensure that the bid package is delivered by the bid opening date and time. Any bid document received after the deadline established by the Department of

Purchasing will not be accepted, regardless of the method of delivery.

Scope of Work:

Work on this project generally includes Site Clearing, 2 Units Type E Inlet, 61 LF 15” Reinforced Concrete Pipe, 2 Units 15” RCP Flared End Sections, 10 CY Rip-Rap, 76 SY HMA Driveway Apron, restoration and other appurtenant items.

Submission of Bid:

All bids must be submitted on the e-procurement platform at BidNet Direct at www.bidnetdirect.com//townshipofhopewell.

Accompanying each bid shall be a bid security payment in the form of a certified check, cashier’s check, or bid bond made payable to the Township of Hopewell in the amount of ten percent (10%) of the total amount of the bid, but not in excess of twenty thousand ($20,000) dollars and. If bids are to be submitted electronically in accord with this notice, then the bidder shall submit a copy of the bid guarantee with electronic submittal and mail ensuring receipt, PRIOR to electronic bid opening, the original to the Township of Hopewell Municipal Clerks Office 201 Washington Crossing – Pennington Road, Titusville, N.J. 08560. The bid bond may also be provided in certified check and cashiers check in accord with provisions within general requirements of this bid.

Invitation for Public Bid

Questions as to obtaining contract and bid documents may be directed to the Qualified Purchasing Agent at:

Sean P. Canning, QPA scanning@TheCanningGroup.org 862-228-3563

The Township of Hopewell does not release the project estimate nor plan holders lists.

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

SCHEDULE:

Release Specifications: October 5, 2026 Pre-Bid Meeting None

Deadline for All Questions: October 9, 2026, at 10:00 AM

TOWNSHIP OF HOPEWELL CONTACTS:

GENERAL INQUIRIES TO: TECHNICAL INQUIRIES TO:

Sean P. Canning QPA Herbert J. Seeburger, P.E Voice: (862)228-3563 Voice: (609)689-1100 Email: Scanning@TheCanningGroup.org Hseeburger@vancleefengineering.com

Bid Tabulation:

Bid results will be posted on the Township website at https://www.hopewelltwp.org/ within 24 hours of the bid opening. This bid has been advertised in accordance with the “Fair and Open Basis” and nothing further shall be required under the Pay-to-Play Legislation (N.J.S.A. 19:44A-20.4).

Date: October 5, 2026 Sean Canning QPA, MPA Tax Exempt # 21-6000738 Purchasing Agent Township of Hopewell

Applicable to Bid if marked “X”

DOCUMENTATION REQUIRED OR REVIEWED

Initials When Due

X Bid Guarantee (Bid Bond or Certified/Cashier’s Check) (with

POA for full amount of Bid Bond)

With Bid

Submission

X Consent of Surety (Certificate from Surety company) With Bid

Submission

X Performance Bond and Labor and Material Payment Bond

(Required from the Awarded Contractor)

At signing of contract

X

Maintenance Bond in the Amount of 100 % for a period indicated in “General Conditions” Required from the Awarded

Contractor Upon Acceptance of Project

Upon

Acceptance of

Project

X Acknowledgment of Receipt of Addenda (To be Completed if

Addenda are Issued)

With Bid

Submission

X Ownership Disclosure Form With Bid

Submission x Named Subcontractors in Bid for Listed Specialty Trades With Bid

Submission x Public Works Contractor Registration Certificate(s) for the

Bidder and all Subcontractors

Prior to Award, but effective at time of bid

X Business Registration Certificate – Bidder and all Subcontractors

Prior to

Contract

Award

Non-Collusion Affidavit

Prior to

Contract

Award

X Experience and Qualifications

Prior to

Contract

Award

X Insurance and Indemnification Certificate

Prior to

Contract

Award

Disclosure of Investment Activities in Russia Form

Prior to

Contract

Award

Disclosure of Investment Activities in Iran Form

Prior to

Contract

Award x Federal Debarment Form

Prior to

Contract

Award x

EEO/AA Form AA-201

After Notice of

Award, Prior to

Signing

Contract

EEO/AA Form AA-302 or Letter of Federal Approval or

Certificate of Employee Information Report

After Notice of

Award, Prior to

Signing

X Bidder’s Checklist Prior to

Award

This checklist is provided for bidder’s use in assuring compliance with required documentation; however, it does not include all specification requirements and does not relieve the bidder of the need to read and comply with the specifications.

Bidder

Name:

Date:

Authorized

Representative:

Signature:

Print Name &

Title:

CONTRACTOR'S PROPOSAL

CONTRACT 26-17

DRAINAGE IMPROVEMENTS TITUS MILL ROAD

TOWNSHIP OF HOPEWELL

MERCER COUNTY, NEW JERSEY

The Undersigned hereby declares that he carefully examined the site of the work, the Contract and Specifications and the Drawings therein referred to, and will provide all necessary machinery, tools apparatus and other means for construction, and do all the work and furnish all the materials called for by said Contract and Specifications and the requirements under them, in accordance with the Advertisement, Instructions to Bidders, Plans, Specifications, all of which are annexed hereto and form a part of this Contract, and any instructions which may be given during the work.

The Undersigned hereby agrees to be bound by the award of the Contract and, if awarded the Contract on this Proposal, to execute within ten (10) days after notice of award, the Contracts and provide a Performance Bond.

The Undersigned understands that the following are estimated quantities and in no way guarantee the exact amount of the final as-built quantities. The owner reserves the right to set, without limit, the amount of the final quantities.

The Undersigned understands that the owner(s) reserves the right to reject all bids for any reason whatsoever if in its best interest.

Work will commence within Ten (10) Calendar Days after receipt of written “Notice to

Proceed” and be completed within 7 calendar days.

The Undersigned agrees to perform the Contract for the following unit price to wit:

Item

No.

Quantity

And Units

Description Unit Price Total

1 1 LUMP SUM MOBILIZATION $ $

2 1 LUMP SUM SITE CLEARING $ $

3 1 LUMP SUM TRAFFIC CONTROL $ $

4 2 UNITS TYPE ‘E’ INLET $ $

5 61 LINEAR

FEET

15” REINFORCED CONCRETE

PIPE CLASS III

6 2 UNITS 15” REINFORCED CONRETE PIPE

FLARE END SECTION

7 8 CUBIC

YARDS

¾” CLEAN CRUSHED STONE

FOUNDATION MATERIAL (IF AND

WHERE DIRECTED)

8 40 CUBIC

YARDS

DENSE GRADED AGGREGATE

(PIPE BACKFILL) (IF AND WHERE

DIRECTED)

9 10 CUBIC

YARDS

RIP-RAP $ $

10 76 SQUARE

YARDS

HMA DRIVEWAY APRON $ $

Item

No.

Quantity

And Units

Description Unit Price Total

11 140 SQUARE

YARDS

5” TOPSOIL, SEED, FERT., LIME,

MULCH AND TACK

12 1 LUMP SUM CONTINGENCY $10,000.00 $10,000.00

TOTAL AMOUNT BID: $___________ __

TOTAL AMOUNT BID WRITTEN IN WORDS

COMPANY NAME COMPANY REPRESENTATIVE

ADDRESS TITLE

BID GUARANTEE

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned: as PRINCIPAL; and A CORPORATION organized and existing under the laws of the State of and duly authorized to do business in the State of New Jersey as SURETY and held and firmly bound unto the Township of Hopewell, a body politic and corporate of the State of New Jersey, as OWNER in penal sum of ($ ) for the payment of which, well and truly be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns.

Signed, sealed and dated this day of 20

The condition of the above obligation is such that whereas the principal has submitted a certain bid, attached hereto and hereby made a part of hereof, to enter into a contract in writing for the

Bid number and name: .

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 a contract properly completed in accordance with said bid and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said bid.

Then this obligation shall be void; otherwise it shall remain in full force and effect; it being expressly understood and agreed that the liability of the surety for any and all claims hereunder shall in no event, exceed the penal amount of this obligation as herein stated.

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

IN WITNESS WHEREOF, the Principal and Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents signed by their proper officers, the day and year first set forth above.

Witness or attest

Principal

Witness or attest:

Surety

Attorney – in Fact

If the bid is being conducted in an electronic only format, the bidder shall provide for a bid guarantee that can be verified through an electronic verification code issued by a surety agency. The bidder may also offer an electronic image of a certified check or cashier’s check through the electronic platform and must:

Provide a physical sealed check upon no later than the submission deadline to the local unit clerk’s office and clearly marked as the offerors response. Any late submittals of the sealed check guarantee will be a mandatory rejection in accord with N.J.S.A. 40A:11-23.2.

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

Failure to submit a bid guarantee shall result in rejection of the bid.

CONSENT OF SURETY

KNOW ALL MEN BY THESE PRESENTS, that for and in consideration of the sum of $1.00, lawful money of the United States of America, the receipt whereof is hereby acknowledged, paid the undersigned corporation, and for other valuable consideration, the SURETY

COMPANY organized and existing under the laws of the State of and licensed to do business in the

State of New Jersey certifies and agrees, that if the contract for the is awarded to the undersigned corporation will execute the bond or bonds as required of the contract documents and will become Surety in the full amount set forth in the contract documents for the faithful performance of all obligations of the Contractor.

Signed and sealed this day of 20

SURETY COMPANY

Name Attorney in fact

NEW JERSEY STATUTORY

PERFORMANCE AND LABOR AND MATERIAL

PAYMENT BOND#

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, , as Principal, and the , , a corporation organized and existing under the laws of the State of

· business in the State of New Jersey, as Surety, are held and firmly bound unto as Obligee in the penal sum of

(surety) and duly authorized to do for payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns.

THE CONDITION _OF THIS OBLIGATION IS SUCH. that whereas the above named Principal did on the day of enter into a contract with for which contract is made part of this bond the same as though set forth herein.

NOW. if the said (principal) shall well and faithfully do and perform the things agreed by them to be done and performed according to the terms of the said contract, and shall pay all lawful claims of beneficiaries as defined by N.J.S.A. 2A: 44-143 for labor performed or materials, provisions, provender or other supplies or teams, fuel, oils, implements, or machinery furnished, used or consumed in the carrying forward, performing or completing of said contract, we agreeing and assenting that this undertaking shall be for the benefit of any beneficiary as defined by N.J.S.A. 2A: 44-143 having a just claim, as well as for the Obligee herein; then this obligation shall be void; otherwise the same shall remain in full force and effect; it being expressly understood and agreed that the liability of the Surety for any arid all claims hereunder shall in no event exceed the penal amount of this obligation as herein stated.

The said Surety hereby stipulates and agrees that no modifications, omissions or additions in or to the terms of the said contract; or in or to the plans or specifications therefore, shall in any way_ affect the obligation of said

Surety on its bond.

This bond is given in compliance with the requirements of the statutes of the State of New Jersey in respect to bonds of contractors on public works. Revised Statutes of the State of New Jersey, N.J.SA 2A: 44-143 to

4A: 44-147, both inclusive, and liability hereunder is limited as in said statutes provided.

SIGNED, SEALED, AND DATED this

ATTEST:

day of

Witness: Principal

Witness: Surety:

MAINTENANCE SURETY BOND

We, , having offices at , , as principal, and , having offices at , , a corporation duly licensed to transact a surety business in the State of New Jersey, as surety, are indebted to the municipality of in the county of , obligee, in the sum of

$ , for which payment we bind ourselves and our respective heirs, legal representatives, successors, and assigns, jointly and severally.

On (date), principal was granted approval by the (approving authority) of the of for (include reference to specific job and resolution of approval).

This bond shall become effective upon approval or acceptance of the improvements by the governing body, as certified by the resolution of the governing body, which is, or shall be, attached hereto and made a part hereof.

The improvements subject to this bond are as follows: . The certification of the cost of such improvements by the municipal engineer is attached hereto and made a part hereof.

Pursuant to municipal ordinance, adopted under authority of the Municipal Land

Use Law (N.J.S.A. 40:55D-1 et seq.), the principal, as a condition of approval or acceptance of improvements, hereby furnishes this maintenance bond in the amount of $ (not to exceed 15 percent of the cost of the improvements as certified by the municipal engineer), written by , a surety licensed in the State of New Jersey, guarantying full and faithful compliance with all terms and conditions of the approval. The bond shall continue in effect for a period of

(not to exceed two years) from the date of approval or acceptance of the said improvements.

This bond shall remain in full force and effect until released by resolution of the municipal governing body. This bond is issued subject to the following expressed conditions:

1. This bond shall not be subject to cancellation either by the principal or by the surety for any reason until the end of the period for which it is required to be maintained.

2. The aggregate liability of the surety under this bond shall not exceed the sum set forth above.

3. In the event that the improvements subject to this bond exhibit any defects in functioning, materials or quality of work, the municipal governing body may, at its option, and upon at least 30 days prior written notice to the principal and to the surety by personal delivery or by certified or registered mail or courier, declare the principal to be in default and, in the event that the surety fails or refuses to perform the necessary corrective work, claim payment under this bond for the cost of any work required for the proper correction of any such defects in the said improvements. In the event that any action is brought against the principal under this bond, written notice of such action shall be given to the surety by the municipality by personal delivery or by registered or certified mail or courier at the same time.

4. The surety shall have the right to repair any defects in functioning, materials or quality of work and, to that end, to do such corrective work as may be necessary in accordance with the terms and conditions of the original approval, either with its own employees or in conjunction with the principal or another contractor;

provided, however, that as an alternative to performing such maintenance or corrective work it may, in its sole discretion, make a monetary settlement with the municipality.

5. This bond shall inure to the benefit of the municipality only and no other party shall acquire any rights hereunder.

Date: Witness/Attest Principal

Witness/Attest:

Surety

NEW JERSEY

STATUTORY

PERFORMANCE

BOND

Bond no.

KNOW ALL MEN BY THESE PRESENTS, that we the undersigned as Principal, and a Corporation organized and existing under the laws of the State of and duly authorized to do business in the State of New Jersey, as Surety, are held and bound unto as Obligee, in the penal sum of

($ ) for the payment of which well and truly made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns.

THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the above named Principal did on the day of 20 enter into a contract with for which contract is made a part of this bond and the same as though set forth herein.

NOW if the said shall well and faithfully do and perform the things agreed by them to be done and performed according to the terms of said contract, then this obligation shall be null and void; otherwise the same shall remain in full force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall in no event exceed the penal amount of this obligation as herein stated.

The said Surety hereby stipulates and agrees that no modifications, omissions or additions in or to the terms of the said contract; or in or to the plans or specifications therefore shall, in anyway affect the obligations of aid Surety on its bonds.

This bond is given in compliance with the requirements of the Statutes of New

Jersey in respect to bonds of the contractors on public works. Revised statutes of

New Jersey, 1937, Sections 2A:44-143-147, and amendments thereof, and the liability hereunder is limited as in said statutes provided.

Signed and sealed this day of

ATTEST:

Witness Principal

Witness Principal

CERTIFICATION OF NON-DEBARMENT

FOR FEDERAL GOVERNMENT CONTRACTS

N.J.S.A. 52:32-44.1 (P.L. 2019, c.406)

This certification shall be completed, certified to, and submitted to the contracting unit prior to contract award, except for emergency contracts where submission is required prior to payment.

PART I: VENDOR INFORMATION

Individual or Organization Name

Address of Individual or Organization

DUNS Code

(if applicable)

CAGE Code (if applicable)

Check the box that represents the type of business organization:

Sole Proprietorship (skip Parts III and IV) Non-Profit Corporation (skip Parts III and

IV)

For-Profit Corporation (any type) Limited Liability Company (LLC) Partnership

Limited Partnership Limited Liability Partnership (LLP)

Other (be specific):

PART II – CERTIFICATION OF NON-DEBARMENT: Individual or Organization

I hereby certify that the individual or organization listed above in Part I is not debarred by the federal government from contracting with a federal agency. I further acknowledge: that I am authorized to execute this certification on behalf of the above-named organization; that the Township of Hopewell is relying on the information contained herein and that I am under a continuing obligation from the date of this certification through the date of contract award by Township to notify the Township in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it will constitute a material breach of my agreement(s) with the Township permitting the Township to declare any contract(s) resulting from this certification void and unenforceable.

Full Name (Print):

Date

PART III – CERTIFICATION OF NON-DEBARMENT: Individual or Entity Owning

Greater than 50 Percent of Organization

Section A (Check the Box that applies)

Below is the name and address of the stockholder in the corporation who owns more than 50 percent of its voting stock, or of the partner in the partnership who owns more than 50 percent interest therein, or of the member of the limited liability company owning more than 50 percent interest therein, as the case may be.

Name of Individual or

Organization

Home Address (for Individual) or Business Address

OR

No one stockholder in the corporation owns more than 50 percent of its voting stock, or no partner in the partnership owns more than 50 percent interest therein, or no member in the limited liability company owns more than 50 percent interest therein, as the case may be.

Section B (Skip if no Business entity is listed in Section A above)

Below is the name and address of the stockholder in the corporation who owns more than 50 percent of the voting stock of the organization’s parent entity, or of the partner in the partnership who owns more than 50 percent interest in the organization’s parent entity, or of the member of the limited liability company owning more than 50 percent interest in organization’s parent entity, as the case may be.

Stockholder/Partner/Member

Owning Greater Than 50

Percent of Parent Entity

Home Address (for Individual) or Business Address

No one stockholder in the parent entity corporation owns more than 50 percent of its voting stock, no partner in the parent entity partnership owns more than 50 percent interest therein, or no member in the parent entity limited liability company owns more than 50 percent interest therein, as the case may be.

Section C – Part III Certification

I hereby certify that no individual or organization that is debarred by the federal government from contracting with a federal agency owns greater than 50 percent of the Organization listed above in Part I or, if applicable, owns greater than 50 percent of a parent entity of I further acknowledge: that I am authorized to execute this certification on behalf of the above- named organization; that the Township of Hopewell is relying on the information contained herein and that I am under a continuing obligation from the date of this certification through the date of contract award Township to notify the Township in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it will constitute a material breach of my agreement(s) with the Township permitting the Township to declare any contract(s) resulting from this certification void and unenforceable.

Full Name (Print):

Date

Part IV – CERTIFICATION OF NON-DEBARMENT: Contractor – Controlled Entities

Section A

Below is the name and address of the corporation(s) in which the Organization listed in Part I owns more than 50 percent of voting stock, or of the partnership(s) in which the Organization listed in Part I owns more than 50 percent interest therein, or of the limited liability company or companies in which the Organization listed above in Part I owns more than 50 percent interest therein, as the case may be.

Name of Business Entity Business Address

**Add additional sheets if necessary**

The Organization listed above in Part I does not own greater than 50 percent of the voting stock in any corporation and does not own greater than 50 percent interest in any partnership or any limited liability company.

Section B (skip if no business entities are listed in Section A of Part IV)

Below are the names and addresses of any entities in which an entity listed in Part III A owns greater than 50 percent of the voting stock (corporation) or owns greater than 50 percent interest (partnership or limited liability company).

Name of Business Entity Controlled by

Entity Listed in Section A of Part IV

Business Address

**Add additional Sheets if necessary**

No entity listed in Part III A owns greater than 50 percent of the voting stock in any corporation or owns greater than 50 percent interest in any partnership or limited liability company.

Section C – Part IV Certification

I hereby certify that the does not own greater than 50 percent of any entity that that is debarred by the federal government from contracting with a federal agency and, if applicable, does not own greater than 50 percent of any entity that in turns owns greater than 50 percent of any entity debarred by the federal government from contracting with a federal agency. I further acknowledge: that I am authorized to execute this certification on behalf of the above-named organization; that the Township of Hopewell is relying on the information contained herein and that I am under a continuing obligation from the date of this certification through the date of contract award by Township to notify the Township in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it will constitute a material breach of my agreement(s) with the Township permitting the Township to declare any contract(s) resulting from this certification void and unenforceable.

Full Name (Print):

Date:

Township of Hopewell

General Conditions - Construction

SECTION I – SUBMISSION OF BIDS

• The Township of Hopewell, Mercer County, New Jersey (hereinafter referred to as "OWNER") invites sealed bids pursuant to the Notice to Bidders. Said Notice Bidders is to be attached to and is considered as a part of these General Conditions.

• Sealed bids will be received by the designated representative of the Township at the time and place stated in the Notice to Bidders, and at such time and place win publicly open and real aloud all bids received. If delivered prior to the date and time of opening, bids MUST BE DELIVERED TO THE MUNICIPAL CLERKS OFFICE ONLY. Bidder is solely responsible for this delivery.

• The bid proposal form shall be submitted on the prescribed form with appropriate spaces properly filled in and with all required supporting documentation, in a sealed envelope:

o Addressed to the Township of Hopewell o Bearing the name and address of the bidder written on the face of the envelope o Clearly marked "BID" with the contract title and/or BID # being identified o Bidders shall submit an original as well as a printed copy(ies), clearly labeled as “COPY” o Bidders shall also, if indicated in notice submit their bid in CD/ Flash

Drive form.

• It is the bidder's responsibility to see that the bid is presented to the Township on the hour and at the place designated. Bids may be hand delivered or mailed; however, the Township disclaims any responsibility for bids forwarded by regular or overnight mail. If the bid is sent by overnight mail, the designation above, must also appear on the outside of the delivery company envelope. Bids received after the designated time and date will be returned unopened.

• Sealed bids forwarded to the Township before the time of opening of bids may be withdrawn upon written application of the bidder who shall be required to produce evidence showing that the individual is or represents the principal or principals involved in the bid. Once bids have been opened, they must remain firm for a period of sixty (60) calendar days.

• All prices and amounts must be written in ink or preferably typewritten. Bids containing any conditions, omissions, unexplained erasures or alternation, items not called for in the bid proposal form, attachment of additive information not required by the specifications, or irregularities of any kind, may be rejected by the Township. Any changes, white-outs, strike-outs, etc. on the proposal page must be initialed in ink by the person responsible for signing the bid.

• Each bid proposal form must give the full business address of the bidder and be signed by an authorized representative. Bids by partnerships must furnish the full name of all partners and must be signed in the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and designation of the person signing. Bids by corporations must be signed in the legal name of the corporation, followed by the name of the State in which incorporated and must contain the signature and designation of the president, secretary or other person authorized to bind the corporation in the matter. When requested, satisfactory evidence of the authority of the officer signing shall be furnished.

• Bidders must insert prices for furnishing of the specified equipment, materials or supplies, or for all of the materials and/or labor required by these specifications.

• Prices shall be net, including any charges for packing, crating, containers, etc. All transportation charges shall be fully prepaid by the contractor F.O.B.

destination and placement at locations specified by the Township. As specified, placement may require inside deliveries. No additional charges will be allowed for any transportation costs resulting from partial shipments made at the contractor's convenience.

• The vendor shall guarantee any or all materials and services supplied under these specifications. Defective or inferior items shall be placed at the expense of the vendor. In case of rejected materials, the vendor will be responsible for return freight charges.

• Per N.J.S.A. 40A:11-6.1(d), in the event of a tie in all aspects of bids the

Township will award to the vendor whose response is most advantageous, price and other factors considered.

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

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

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

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

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

SECTION II – BID SECURITY/CONTRACT SECURITY

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

o Bid Guarantee X

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 of Hopewell. When submitting a Bid Bond, it shall contain Power of Attorney for fill' amount of Bid Bond from a surety company authorized to do business in the State of New Jersey and acceptable to the Township of Hopewell. 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 N.J.S.A. 40A: 11-21. If required, failure to submit this shall be cause for rejection of the bid.

o Consent of Surety X

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 Bond in the full amount of the bid. This certificate shall be obtained in order to confirm that the bidder to whom the contract is awarded will furnish Performance and Payment Bonds from an acceptable surety company on behalf of said bidder, any or all subcontractors or by each respective subcontractor or by any combination thereof which results in performance security equal to the total amount of the contract, pursuant to N.J.S.A. 40A: 11-22. If required, failure to submit this shall be cause for rejection of the bid.

o Performance Bond X

The successful bidder shall execute and deliver to the Township within ten (10) days after notification of award of the contract, a satisfactory surety bond or bonds in an amount equal to 100% of the contract prices, upon the form prepared for and used by the Township in statutory form with such surety companies as sureties as shall be approved by the Township Council and qualified and authorized to do business under the laws of the State of New Jersey.

The proposal shall also be accompanied by a Consent of Surety wherein the surety consents and agrees that if the Contract for which the proposal is made be awarded, that it will become bound as surety and guarantor for its faithful performance. If required, failure to deliver this with the executed contract shall be cause for declaring the contract null and void.

o Labor & Material Payment Bond X

Successful bidder shall with the delivery of the performance bond submit an executed payment bond to guarantee payment to laborers and suppliers for the labor and material used in the work performed under the contract. If required, failure to deliver this with the performance bond shall be cause for declaring the contract null and void.

o Maintenance Bond _X

Successful bidder shall upon acceptance of the work submit a maintenance bond in the amount of 10% of the final contract amount guaranteeing against defective quality of work or materials for the period of:

X _ 1 year ____2years

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

The surety on such bond or bonds shall be a duly authorized surety company authorized to do business in the State of New Jersey N.J.S.A. 17:31-5.

o Retention Proposal Guarantee

As an alternate performance guarantee, the proposal guarantee of the successful bidder shall be retained by the Township to assure the successful performance of the contract.

o Payment Deferral

As an alternate performance guarantee, no payment shall be made for any part of this contract until the entire contract is completed to the satisfaction of the Township.

o Workmanship Guarantee- Contract Retention

The Contractor shall guarantee all labor and materials for a period of __months from the date of acceptance of the work by the Township, and he shall make all needed repairs on the work as it progresses and during this guarantee period, except those due to ordinary wear and tear. The Contractor agrees that, during the said guarantee the Township may retain, out of monies payable to him under this agreement, the sum of percent of the amount of the contract; and that, should he fail to make the necessary repair at once after due notice from the Administrator or A/E, the Township may expend the same or so much thereof as may be required to make the needed repairs; provided, however, that in case of emergency, where in the opinion of the Administrator or the A/E it would cause serious loss or damage, the Township may make repairs without previous notice and at the expense of the Contractor.

The Contract may provide a Maintenance Bond equal to ten (l0%) percent of the contract value in a form approved by the Township Attorney.

If an alternate guarantee provision is contained in the Detailed Specifications, then this alternate guarantee provision shall prevail.

SECTION III – INTERPRETATION & ADDENDA – BIDDER’S RESPONSIBILITIES

• All interpretations, clarifications and any supplemental instructions will be in the form of written addenda to the specifications, and will be distributed to all prospective bidders. All addenda so issued shall become part of the specification and bid documents, and shall be acknowledged by the bidder in the bid by completing the Acknowledgement of Receipt of Addenda form. The owner’s interpretations or corrections thereof shall be final.

• Pursuant to N.J.S.A. 40A:11-23(c)(1) when issuing addenda, the owner shall provide required notice prior to the official receipt of bids to any person who has submitted a bid or who has received a bid package. They will be sent from scanning@TheCanningGroup.org. It is recommended that 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.

• 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.

• 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 appropriate Township official. In the event the bidder fails to notify the Township of such ambiguities, errors or omissions, the bidder shall be bound by the bid.

• 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 Township’s representative stipulated in the bid. In order to be given consideration, written requests for interpretation must be received at least five (5) 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 N.J.S.A. 40A: 11-23. 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.

• Discrepancies in the Bid o If the amount shown in words and its equivalent in figures do not agree, the written words shall be binding. Ditto marks are not considered writing or printing and shall not be used.

o 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.

• Optional Pre-Bid Conference

If stated in the Notice to Bidders and checked below:

A Pre-Bid Conference will not be held. X

A pre-bid conference for this proposal will be held on .

Attendance is not mandatory, but is strongly recommended. Failure to attend does not relieve the bidder of any

• Site Investigation & Representation

The bidder acknowledges that he has satisfied himself as to the nature and location of the work, the general and local conditions, particularly those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads and uncertainties of weather, physical conditions at the site, the conformation and condition of the ground, the character, quality and quantity of surface and sub-surface materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work and all other matters which can in any way affect the work or the cost thereof under this contract. Any failure by the bidder to acquaint himself with all the available information concerning these conditions shall not relieve him from responsibility for estimating properly the difficulty or cost of successfully performing the work

Excavating for foundations of surface structure: buildings, bridges, tanks, towers, retaining walls and other types of surface structures. The Contractor shall promptly, and before such conditions are disturbed, except in the event of an emergency, notify the owner by written notice of subsurface or latent physical conditions at the site differing materially from those indicated in the contract documents.

Or unknown physical conditions at the site of unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for the contract documents.

The Owner shall promptly investigate the conditions, and if it is found that such conditions do so materially differ and cause an increase or decrease in the cost of, or in the time required for, performance of the work, an equitable adjustment shall be made and the contract documents shall be modified by a change order. Any claim of the Contractor for adjustment hereinafter shall not be allowed unless the required written notice has been given; provided that the Owner may, if the Owner determines the facts so justify consider and adjust any such claims asserted before the date of the final payment.

Excavating for below-surface structures: water mains, sewers, power and telephone cables and other types of below surface structures.

No extra compensation will be paid for rock excavation or varying geologic features encountered on the project, unless so shown as a bid item in the Bid Schedule for bid.

IT IS THE CONTRACTOR'S RESPONSIBILITY TO ESTIMATE PROPERLY THE

DIFFICULTY OR COST OF SUCCESSFULLY PERFORMING THE WORK, AND ANY

FAILURE ON HIS PART TO ACQUAINT HIMSELF WITH ALL THE AVAILABLE

INFORMATION CONCERNING THESE CONDITIONS WILL NOT RELIEVE HIM

FROM THAT RESPONSIBILITY. THE CONTRACTOR ASSUMES ALL RISKS

REGARDING THE ACCURACY OF SUCH INFORMATION AS HE MAY OBTAIN,

REGARDLESS OF THE SOURCE THEREOF. NO REPRESENTATIONS OF ANY KIND

MADE BY ANYONE CONCERNING THE NATURE, CHARACTER OR

CONDITIONS OF THE SOIL OR SUBSOIL SHALL BE CONSTRUED BY THE

CONTRACTOR AS INDICATIVE OF THE SUBSURFACE CONDITIONS WHICH MAY

BE ENCOUNTERED, AND THE OWNER ACCEPTS NO RESPONSIBILITY IN RESPECT

TO ANY SUCH REPRESENTATION.

• Deviations

All bidders shall clearly identify any deviations from the specifications at the time the bids are opened and examined. After the contract has been entered into, no consideration shall be given for any misunderstanding as to work, materials set forth therein specified and indicated on drawings, it being mutually understood that tender of a proposal carries with it an agreement to this and other obligations set forth in the contract and further implies full understanding of the contract document.

SECTION IV – BRAND NAMES, PATENTS & STANDARD OF QUALITY

• 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 identified and described by the bidder on a separate sheet and submitted with the bid proposal form. Vendor's literature WILL NOT suffice in explaining exceptions to these specifications. In the absence of any changes by the bidder, it will be presumed and required that materials as described in the proposal be delivered.

• 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 an item(s) which, in its deliberations, meets its requirements.

• In submitting its bid, the bidder certifies that the merchandise to be furnished will not infringe upon any valid patent or trademark and that the successful bidder shall, at its own expense, defend any and all actions or suits charging such infringement, and will save the Township harmless from any damages resulting from such infringement.

• Only manufactured and farm products of the United States, wherever available, shall be used on this contract pursuant to N.J.S.A. 40A: 11-18.

• Wherever practical and economical to the Township, it is desired that recycled or recyclable products be provided. Please indicate when recycled products are being offered.

• Workmanship

All workmanship shall be in every respect in accordance with the best current practice. Only skilled craftsmen, fully qualified in the various disciplines required, shall be used in this project.

• In submitting its bid, the bidder certifies that the goods and services to be furnished will not infringe upon any valid patent or trademark and that the successful bidder shall, at its own expense, defend any and all actions or suits charging such infringement, and will save the owner harmless from any damages resulting from such infringement.

• The contractor shall guarantee any or all goods and services supplied under these specifications. Defective or inferior goods shall be replaced at the expense of the contractor. The contractor will be responsible for return freight or restocking charges.

SECTION V – INSURANCE & INDEMNIFICATION

• INSURANCE REQUIREMENTS

o Worker's Compensation and Employer's Liability Insurance

This insurance shall be maintained in force during the life of this contract by the bidder covering all employees engaged in performance of this contract in accordance with the applicable statute. Minimum Employer's Liability $100,000.

o General Liability Insurance

This insurance shall have limits of not less than $1,000,000 any one person and $1,000,000 any one accident for bodily injury and $3,000,000 aggregate for property damage and shall be maintained in force during the life of the contract by the bidder.

o Automobile Liability Insurance

This insurance covering bidder for claims arising from owned, hired and non-owned vehicles with limits of not less than $1,000,000 any one person and $1,000,000 any one accident for bodily injury and $1,000,000 each accident for property damage, shall be maintained in force during the life of this contract by the bidder.

o Umbrella/Excess liability

The Contractor shall obtain an Excess or Umbrella Liability Policy (to respond in excess of the commercial general liability, employer’s liability and commercial automobile liability policies) at the limit of $5,000,000.00 combined single limits occurrence.

o Policy Changes

If at any time, any of the foregoing policies shall be or become unsatisfactory to the Owner, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the Township, the Contractor shall, upon notice to that effect from the Township, within (90) days obtain a new policy, submit the same to the Township for approval and submit a Certificate thereof as hereinabove provided. Upon failure of the Contractor to furnish, deliver and maintain such insurance as above provided, this Agreement, at the election of the Authority, may be forthwith declared suspended, discontinued or terminated. Failure of the Contractor to take out and/or maintain or the taking out and/or maintenance of any required insurance, shall not relieve the Contractor of any liability under the Agreement. All policies required above shall contain a ninety (90) day notice of cancellation and/or non-renewal and shall require the insured to notify the Township of its intent to either cancel or not to renew immediately.

o Policies Shall Remain in Force

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

o Subcontractors

Subcontractors shall be required, by the General Construction Contractor, to provide the same types of insurance with the same limits, as described above. The Contractor shall not allow any Subcontractor to commence work on his subcontract, until all similar insurance required of the Subcontractor has been so obtained and approved. Approval of the insurance by the Owner shall not relieve or decrease the liability of the Contractor hereunder.

Certificates and policies of insurance, covering each Subcontractor, shall also be filed with the A/E and Owner, before any work is begun by a Subcontractor.

o Naming Utility Companies as Insured

The Contractor shall carry Liability Insurance to cover damages to existing underground and above-ground facilities of the Utility…