SUPPLEMENTARY SPECIFICATIONS

Oakland Av nue and St. Paul A nu

Int r tion Impro m nt

JE

CITY OF JERSEY CITY

RU

D KA

STATE OR

STA

EW JERSEL

Prepared &. Recoinmended

Briah W..Matsert, P.E.

onsuling. Enginetr.

CENSE'NUMRER

reenman-Pedeen

Aceepted By:

Andy Kaplan, P.E., RT.O.E., TABLE OF CONTENTS TC-1

Table of Contents ABBREVIATIONS ................................................................................................................................................AB-1

UTILITY CONTACTS..........................................................................................................................................UB-1

NOTICE TO BIDDERS ......................................................................................................................................NTB-1

INFORMATION TO BIDDERS ............................................................................................................................IB-1

1. INTENT OF CONTRACT DOCUMENTS.......................................................................................... IB-1

2. TERMS ..................................................................................................................................................IB-1

3. FAMILIARITY WITH WORK .............................................................................................................IB-3

4. PLANS AND SPECIFICATIONS ........................................................................................................ IB-4

5. INTERPRETATIONS OR ADDENDA ................................................................................................IB-4

6. SUBSURFACE CONDITIONS ............................................................................................................IB-5

7. SUBMITTING PROPOSAL ................................................................................................................. IB-5

8. BID DOCUMENTS .............................................................................................................................. IB-5

9. BID GUARANTEE ...............................................................................................................................IB-6

10. CONSENT OF SURETY...................................................................................................................... IB-7

11. WITHDRAWAL OF PROPOSAL ........................................................................................................IB-7

12. CAUSES FOR REJECTION .................................................................................................................IB-7

13. RETURN OF BID GUARANTEES ......................................................................................................IB-8

14. AWARD OF CONTRACT ....................................................................................................................IB-8

15. TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES FOR FAILURE

TO ENTER INTO CONTRACT..........................................................................................................IB-10

16. PERFORMANCE BOND....................................................................................................................IB-10

17. CERTIFICATES OF INSURANCE....................................................................................................IB-11

18. ESTIMATED QUANTITIES AND UNIT PRICES ...........................................................................IB-11

19. LUMP SUM PRICE ............................................................................................................................IB-12

20. CHANGES - EXTRA WORK FOR UNIT PRICE CONTRACT.......................................................IB-12

21. CHANGES - EXTRA WORK FOR LUMP SUM CONTRACT........................................................IB-13

22. SUBSTITUTIONS...............................................................................................................................IB-15

23. INTENT OF PLANS AND SPECIFICATIONS.................................................................................IB-16

24. RESPONSIBILITY OF WORK ..........................................................................................................IB-17

25. LAWS, ORDINANCES, REGULATIONS AND PERMITS.............................................................IB-17

26. PROVISIONS REQUIRED BY LAW DEEMED INSERTED ..........................................................IB-18

27. INSURANCE.......................................................................................................................................IB-18

28. INDEMNITY .......................................................................................................................................IB-20

29. SUBMISSION OF POST BID INFORMATION................................................................................IB-21

30. CITY OF JERSEY CITY LOBBYIST DISCLOSURE ORDINANCE..............................................IB-22

TABLE OF CONTENTS TC-2

GENERAL CONDITIONS ...................................................................................................................................GC-1

1. PUBLIC SAFETY AND CONVENIENCE.........................................................................................GC-1

2. FAILURE TO MAINTAIN STREETS IN SAFE CONDITION.........................................................GC-1

3. ACCIDENT PREVENTION................................................................................................................GC-2

4. PROPERTY DAMAGE .......................................................................................................................GC-2

5. PUBLIC UTILITIES & UNDERGROUND FACILITIES..................................................................GC-3

6. MAINTENANCE AND PROTECTION OF TRAFFIC......................................................................GC-4

7. OTHER CONTRACTORS...................................................................................................................GC-5

8. EXISTING MONUMENTS.................................................................................................................GC-6

9. PATENTS.............................................................................................................................................GC-6

10. CONTRACT AND CONTRACT DOCUMENTS...............................................................................GC-6

11. CONTRACTOR'S ORGANIZATION & EQUIPMENT ....................................................................GC-7

12. SUPERINTENDENT AND WORKMEN ...........................................................................................GC-8

13. EQUIPMENT .......................................................................................................................................GC-9

14. WORKING SITE .................................................................................................................................GC-9

15. SANITARY PROVISIONS ...............................................................................................................GC-10

16. MATERIALS AND WORKMANSHIP ............................................................................................GC-10

17. TESTING AND INSPECTION OF MATERIALS............................................................................GC-11

18. SAMPLES, CERTIFICATES AND TESTS......................................................................................GC-11

19. CONTRACTOR'S TITLE TO MATERIALS....................................................................................GC-12

20. ASSIGNMENT OR NOVATION......................................................................................................GC-12

21. STORING OF MATERIALS.............................................................................................................GC-12

22. CLEANUP..........................................................................................................................................GC-13

23. AUTHORITY OF THE ENGINEER.................................................................................................GC-14

24. APPEAL BY THE CONTRACTOR..................................................................................................GC-14

25. UNAUTHORIZED WORK ...............................................................................................................GC-14

26. INSPECTION.....................................................................................................................................GC-15

27. WORKING HOURS ..........................................................................................................................GC-16

28. INSPECTION SERVICES.................................................................................................................GC-17

29. CONSTRUCTION LAYOUT............................................................................................................GC-17

30. CLAIM FOR ADDITIONAL COMPENSATION ............................................................................GC-18

31. COMMENCEMENT AND PROCEDURE .......................................................................................GC-18

32. NOTICE TO PROCEED....................................................................................................................GC-18

33. PROGRESS SCHEDULE AND PRECONSTRUCTION.................................................................GC-18

34. LIMITATION OF OPERATIONS ....................................................................................................GC-19

35. SHOP DRAWINGS AND SAMPLES ..............................................................................................GC-19

36. TIME FOR COMPLETION, LIQUIDATED DAMAGES AND EXTENSION OF TIME .............GC-21

TABLE OF CONTENTS TC-3

37. ACCEPTANCE OF WORK ..............................................................................................................GC-23

38. ACCEPTANCE OF FINAL PAYMENT AS RELEASE..................................................................GC-24

39. SUSPENSION OF WORK ................................................................................................................GC-24

40. RIGHT OF THE CITY TO DECLARE CONTRACTOR IN DEFAULT ........................................GC-25

41. REMOVAL OF EQUIPMENT ..........................................................................................................GC-26

42. PAYMENTS ......................................................................................................................................GC-26

43. MAINTENANCE BOND ..................................................................................................................GC-31

44. SUBCONTRACTING........................................................................................................................GC-31

45. PREVAILING RATE OF WAGES ON PUBLIC CONTRACTS ....................................................GC-32

46. EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION.........................................GC-33

47. AMERICANS WITH DISABILITIES ACT OF 1990 ......................................................................GC-33

48. WARRANTY OF TITLE...................................................................................................................GC-33

49. COMMUNICATIONS.......................................................................................................................GC-34

50. DEFECTIVE WORK .........................................................................................................................GC-34

51. RECORDS AND REPORTS .............................................................................................................GC-34

52. CORELATED SPECIFICATIONS ...................................................................................................GC-35

53. USE AND OCCUPANCY PRIOR TO ACCEPTANCE BY THE CITY .........................................GC-35

54. STATED ALLOWANCES ................................................................................................................GC-35

55. NEW JERSEY BUSINESS REGISTRATION REQUIREMENTS FOR CONSTRUCTION

CONTRACTS ....................................................................................................................................GC-36

SCHEDULE OF REQUIRED SUBMITTALS..................................................................................................SRS-1

SPECIAL PROVISIONS .......................................................................................................................................SP-1

PROPOSAL ...............................................................................................................................................................P-1

BID PROPOSAL CHECK LIST......................................................................................................................P-4

SCHEDULE OF PRICES.................................................................................................................................P-5

1. CERTIFICATE OF EXPERIENCE ......................................................................................................P-13

2. PLANT AND EQUIPMENT QUESTIONNAIRE ...............................................................................P-14

3. NON-COLLUSION AFFIDAVIT.........................................................................................................P-19

4. STATEMENT OF OWNERSHIP DISCLOSURE ...............................................................................P-20

5. DISCLOSURE OF IRAN INVESTMENT FORM…………………………………………………...P-21

6. BID GUARANTEE (SEE INFORMATION TO BIDDERS ARTICLE NO. 09) ................................P-22

7. CONSENT OF SURETY (SEE INFORMATION TO BIDDERS ARTICLE NO. 10) .......................P-22

APPENDIX

APPENDIX A – FEDERAL AID FORMS

APPENDIX B – STATE AND FEDERAL WAGE RATES

ABBREVIATIONS AB-1

ABBREVIATIONS

Abbreviations of names of Associations, Institutes or Agencies used throughout the Contract Documents are as follows:

AASHTO American Association of State Highway and Transportation Officials

ACGIH American Conference of Governmental Industrial Hygienists

ACI American Concrete Institute

AGA American Gas Association

AIA American Insurance Association

AISC American Institute of Steel Construction, Incorporated

AISI American Iron and Steel Institute

ANSI American National Standards Institute

APHA American

API American Pipe Institute

AREA American Railway Engineering Association

ASCE American Society of Civil Engineers

ASHRAE American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc.

ASME American Society of Mechanical Engineers

ASSE American Society of Sanitary Engineering

ASTM American Society for Testing and Materials

AWPA American Wood-Preservers' Association

AWPB American Wood Preservers' Bureau

AWS American Welding Society

AWWA American Water Works Association

BOG&T Bureau of Geology and Topography, State of New Jersey

ABBREVIATIONS AB-2

CIPRA Cast Iron Pipe Research Association

CISPI Cast Iron Soil Pipe Institute

CRSI Concrete Reinforcing Steel Institute

EEI Edison Electrical Institute

EIA-J Electronic Industries Association - Japan

EPA Environmental Protection Agency of the United States Government

FEDSPEC Federal Specification

FS Federal Specification, General Services Administration

IEEE Institute of Electrical and Electronics Engineers

IMSA International Municipal Signal Association

IPCEA Insulated Power Cable Engineers Association

JCIA Jersey City Incinerator Authority

JCMUA Jersey City Municipal Utilities Authority

MUTCD Manual on Uniform Traffic Control Devices

NEC National Electric Code

NEMA National Electrical Manufacturers Association

NFPA National Fire Protection Association

NJAC New Jersey Administrative Code

NJDEPE New Jersey Department of Environmental Protection and or Energy

NJDEP Formerly New Jersey Department of Environmental Protection

NJDOT New Jersey Department of Transportation

ABBREVIATIONS AB-3

NJSA New Jersey Statutes Annotated or

NJS

or

NJRS

NJSS New Jersey Department of Transportation, Standard Specifications for or Road and Bridge Construction, 2019, as currently amended.

SS Also called Standard Specifications

NSF National Sanitation Foundation

OSHA Occupational Safety and Health Administration

PCI Precast/Prestressed Concrete Institute

PSE&G Public Service Electric & Gas Company

SCS Soil Conservation Service (Local Agency; Hudson-Essex-Passaic Soil Conservation District)

SSPC Steel Structures Painting Council

UL Underwriters Laboratories Incorporated

USDOTFHA United States Department of Transportation Federal Highway Administration

WPCF Water Pollution Control Federation

UTILITY CONTACTS U-1

UTILITY CONTACTS

Listed below are the major and most common utility companies which have utilities located within the

City of Jersey City. The names of their representatives are shown for your information.

Before any digging, the Contractor must call 1-800-272-1000 or 811 for a markout of all existing underground utilities within project limits.

ELECTRIC

PUBLIC SERVICE ELECTRIC & GAS CO

ELECTRIC, PALISADES DIVISION

325 COUNTY AVENUE

SECAUCUS, NJ 07094

SUE WODDELL (ENGINEERING SUPPORT)

(201) 330-6456

PATRICK BUCK (SERVICE CONSULTANT)

(973) -289-0258

WATER (MANAGER)

VEOLIA NORTH AMERICA

233 COLES STREET (AT 13TH STREET)

JERSEY CITY, NJ 07301

JOHN LIBITZ SR., CONTRACT COMPLIANCE

(201) 239-1108

TRAFFIC SIGNALS/LOOP

AND VIDEO IMAGE DETECTORS

CITY OF JERSEY CITY

DEPARTMENT OF INFRASTRUCTURE,

DIVISION OF TRAFFIC ENGINEERING

13-15 LINDEN AVENUE EAST

JERSEY CITY, NJ 07305

PETER TRUCH, DIRECTOR

(201) 547-4470

NATURAL GAS

PUBLIC SERVICE ELECTRIC & GAS CO.

DISTRIBUTION, CENTRAL GAS DIVISION

444 ST. PAUL’S AVENUE

JERSEY CITY, NJ 07306

MARCO ROSADO,

DISTRIBUTION SUPERVISOR

(201) 744-3567

CABLE TV

COMCAST OF JERSEY CITY

2121 KENNEDY BOULEVARD

JERSEY CITY, NJ 07305

KEVIN DAVIS, CONSTRUCTION

REPRESENTATIVE

(201) 526-9978 Ext. 6290978

STORM & SANITARY SEWER

JERSEY CITY MUA

BUREAU OF SEWER ENGINEERING

13 – 15 LINDEN AVE EAST,

JERSEY CITY, NJ 07305

RICHARD HAYTAS, MAINTENANCE

SUPERVISOR (201) 432-1150

WATER (OWNER)

JERSEY CITY MUA

BUREAU OF WATER ENGINEERING

13-15 LINDEN AVE

EAST

JERSEY CITY, NJ 07305

RAJIV PRAKASH, SENIOR ENGINEER

(201) 209-0319

JERSEY CITY CCTV SYSTEM

JERSEY CITY ECONOMIC DEVELOPMENT

CORPORATION

30 MONTGOMERY STREET, SUITE 820

JERSEY CITY, NJ 07302

VINCENT DEPAOLA, CCTV MARKOUT

MANAGER

Office: (201) 333-7797 ext.202

Cell: (201) 970-8203 markout@jcedc.org

TELEPHONE

VERIZON – NEW JERSEY, INC.

114 PATERSON STREET, 3RD FLOOR

PATERSON, NJ 07501

JOURNAL SQUARE/NORTH JERSEY CITY

JESTON GUY

(973) 925-1488

SOUTH JERSEY CITY

DWIGHT GREEN

(973) 925-1490

NOTICE TO BIDDERS

NOTICE TO BIDDERS

Sealed bid proposals will be received opened and read in public by the Purchasing Agent at City Hall, 280 Grove Street, First Floor Room 116 in Jersey City, New Jersey 07302 on November 5, 2026, at 11:00 am

Prevailing time, or as soon thereafter as the matter can be reached, for the:

OAKLAND AVENUE & ST. PAUL’S AVENUE

INTERSECTION IMPROVEMENTS

JERSEY CITY PROJECT NO. 16-002-T

FEDERAL PROJECT NO. HSIP-D00S (546)

The Work of this Contract includes construction of a traffic signal at the intersection of Oakland Avenue and St.

Pauls Avenue. In addition, the work includes the construction of curb extensions, sidewalks, rain gardens, drainage structures, and other appurtenances. Project also involves milling and paving of the intersection, resetting of manholes and valve boxes, and installation of new signing and striping. All other incidental work in accordance with the contract documents.

Questions by prospective bidders concerning this bid must be made on-line at www.bidnetdirect.com.

Contract Documents, Specifications, and Bid Forms may be downloaded by going on-line to www.bidnetdirect.com. Bid Plans/Drawings may be obtained at the Office of the Director of Purchasing, City Hall, 280 Grove Street, Room 116, Jersey City, New Jersey 07302, (201-547-4439 or 201-547-5155).

Prospective bidders must download bid specifications and all addendums from www.bidnetdirect.com.

Failure to download bid specifications and acknowledge receipt of addenda, may result in bid rejection.

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. Full requirements of the Equal Employment Opportunity and Affirmative Action Programs are incorporated herein by reference and may be obtained with Proposal Form. Bidders are also required to comply with the requirements of P.L. 2004, c.57 (N.J.S.A. 52:32-44) which includes the requirement that contractors provide copies of their Business Registration Certificates issued by the New Jersey Department of the Treasury, as well as other provisions as listed in the Contract Documents.

Proposals are being solicited through fair and open process in accordance with N.J.S.A. 19:44A-20.3 et seq., and as such, contractors are exempt from the limitations on making political contributions under that law. Further, for that reason, as well as because of language in New Jersey’s Annual Appropriations Act, refusal to disclose campaign contributions otherwise required by N.J.S.A. 19:44A-20.3 et seq. and N.J.S.A 19:44A-20.25 et seq., will not adversely affect your consideration for award.

Proposals MUST BE ACCOMPANIED by a Bid Bond or Certified Check, made payable to the City of Jersey City, in an amount equal to Ten (10%) Percent of the Bid.

Each Bidder shall submit with his proposal submittal all items listed in the Schedule of Required Submittals by Bidders.

ONLINE BID RECEPTIONS/PURCHASING LOCKBOX

All bids and proposals must be delivered ONLY to the dedicated lockbox in the Division Purchasing, 280 Grove Street, 1st Floor, Room 116, Jersey City, NJ 07302 prior to the bid reception.

All bid receptions are held virtually as video conferences with public access. Link to the online bid receptions appear on the City of Jersey City website at:

https://www.jerseycitynj.gov/cms/one.aspx?portalId=6189744&pageId=16680070

Bids may be sent by U.S. certified mail return receipt requested or may be sent by private courier service to the dedicated lock box located at the City Hall, Division of Purchasing, 280 Grove Street, First Floor, Room 116, Jersey City, New Jersey 07302. ATTENTION: Raquel Tosado, Director of Purchasing, QPA.

Proposals forwarded by facsimile or e-mail will not be accepted. Bids sent by mail or courier service must be received by the Purchasing Agent no later than 4:00 P.M. on the last City business day before the day of the bid reception or no later than 11:00 A.M. on the day of the bid reception. Office hours Monday through Friday from 9:00 am to 4:00pm. The City shall not be responsible for the loss, non-delivery or physical condition of bids sent by mail or courier service. Bids must be submitted individually in a sealed envelope addressed to the Purchasing Agent. Bid proposals must comply with specifications. Any Bid Proposal received after the date and time specified will be returned, unopened, to the bidder.

Time for Completion is as follows:

• Complete all work required for Substantial Completion in 300 days.

• Achieve Completion in 365 days.

The contract shall not be approved until a favorable eligibility determination has been made by the New Jersey Department of Transportation.

The Purchasing Agent reserves the right to reject any and all bids received, or portions thereof, if deemed to be in the best interest of the City to do so.

Raquel Y. Tosado, Director of Purchasing, QPA

Newspaper inserts dates:

October 7, 14, 21, 2026

Bidnet Go Live Date:

October 7, 2026

Link to Public Bid Notices: http://www.jerseycitynj.gov/cityhall/clerk

Link to City of Jersey City Bid Opportunities:

https://www.bidnetdirect.com/new-jersey/cityofjerseycity/solicitations/open-bids?selectedContent=BUYER

Link to Bid Openings https://www.jerseycitynj.gov/cms/one.aspx?portalId=6189744&pageId=16680070

INFORMATION TO BIDDERS

Information to Bidders IB-1

INFORMATION TO BIDDERS

1. INTENT OF CONTRACT DOCUMENTS:

Under these Specifications and the Contract which will be based thereon, it is proposed that the Bidder shall furnish all materials, equipment, tools, labor and supervision necessary to complete the Work upon which he bids in strict accordance with the Plans and Specifications.

The intent of the Contract Documents is to obtain a complete job, satisfactory to the Engineer. It shall be understood that the Bidder has satisfied himself as to the full requirements of the Contract Documents and has based his Proposal upon such understanding.

2. TERMS:

When the following terms are used in the Contract Documents, the intent and meaning shall be as follows:

ACCEPTANCE: The term "Acceptance" means the formal written acceptance of the Project by the Municipal Engineer which has been completed in all respects in accordance with the Contract Documents.

AWARD: The term "Award" means the decision of the City Council to accept the Proposal of the lowest responsible Bidder, subject to the execution and approval of a satisfactory Contract based thereon and Bonds to secure the performance thereof, and such conditions as may hereinafter be specified or as may be specified or required by law.

BY OTHERS: The term "by others" refers to a person, firm or corporation other than the Contractor or its surety or persons, firms or corporations in a contractual relationship with the Contractor or the Surety, such as a Subcontractor, supplier, fabricator or consultant at any tier. "By others" shall include the City or other public body.

CITY: The term "City" refers to the City of Jersey City, a Municipal Corporation and body politic of the State of New Jersey, with its principal office at City Hall, 280 Grove Street, Jersey City, New Jersey 07302-3698.

CITY COUNCIL: The term "City Council" refers to the governing body, as created by law, for the City of Jersey City.

CONTRACT: The term "Contract" means the entire and integrated agreement between the parties thereunder and supersedes all prior negotiations, representations or agreements, either written or oral. The

Information to Bidders IB-2

Contract Documents form the Contract between the City and the Contractor setting forth the obligations of the parties thereunder, including, but not limited to, the performance of the Work and the basis of payment.

CONTRACTOR: The term "Contractor" means the individual, partnership, firm, corporation, or any acceptable combination thereof contracting with the City for performance of the prescribed Work. Throughout the Contract Documents the Contractor is referred to as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative.

DEPARTMENT: The term "Department" means the Department of Public Works, Division of Engineering, Traffic and Transportation of the City of Jersey City, State of New Jersey.

ENGINEER: The term "Engineer" means the Municipal Engineer, acting directly or through his duly authorized representatives, such representatives acting within the scope of the particular duties delegated to them.

Note: In order to avoid repetition, whenever the following words are used, it shall be understood as if they were followed by the words "to the Engineer" or "by the Engineer":

"acceptable, accepted, added, allowed, applied, approved, assumed, authorized, awarded, calculated, charged, checked, classified, computed, condemned, conducted, considered, considered necessary, contemplated, converted, deducted, deemed, deemed necessary, deleted, designated, determined, directed, disapproved, divided, documented, established, evaluated, examined, excluded, furnished, given, granted, included, incorporated, increased, indicated, inspected, insufficient, issued, made, marked, measured, modified, monitored, notified, observed, obtained, opened, ordered, paid, paid for, performed, permitted, provided, received, recorded, reduced, re-evaluated, rejected, removed, required, reserved, retested, returned, sampled, satisfactory, scheduled, specified, stopped, submitted, sufficient, suitable, supplied, suspended, taken, tested, unacceptable, unsatisfactory, unsuitable or used".

MUNICIPAL ENGINEER: The term "Municipal Engineer" refers to the Municipal Engineer of the City of Jersey City.

PRESIDING OFFICER: The Purchasing Agent or his designee in charge of receipt of Bids. The Presiding Officer opens each meeting for the receipt of Bids and declares when the receipt of Bids has been closed.

Information to Bidders IB-3

PRECONSTRUCTION CONFERENCE: The initial project meeting conducted by the Engineer, normally held after Award of the Contract and prior to the start of Work.

A separate utility preconstruction conference may be scheduled. The Contractor shall attend preconstruction conferences.

PROPOSAL: The term "Proposal" means the offer of a Bidder, properly signed and guaranteed, on the prepared form furnished by the City, to perform the work at the prices therein.

PROPOSAL BOND: The term "Proposal Bond" or "Bid Bond" means the security furnished with a Bid to guarantee that the Bidder shall enter into the Contract if awarded the Contract.

PURCHASING AGENT: The term "Purchasing Agent" refers to the Purchasing Agent of the City of Jersey City.

SUPERINTENDENT: The Contractor's authorized representative responsible for and in charge of the work. The Superintendent shall be authorized to receive all communications from the City.

SUPPLEMENTARY AGREEMENT: The term "Supplementary Agreement" means a bilateral agreement between the City and the Contractor, executed on a Change Order form, setting forth the negotiated terms and conditions where under changes are to be accomplished, including negotiated adjustments in compensation and time relative to the subject of the agreement excepting only those instances wherein the agreement recites specific exceptions.

WILL: Designates an action to be taken by the City, the Department, the Municipal Engineer, the Engineer or any authorized representative, unless otherwise indicated.

Wherever in the above Standard Specifications reference to the State, Commissioner, Department, Engineer or Inspector is made, it shall be understood to mean the corresponding City of Jersey City municipal body or official whose powers correspond to those of the State body or official therein referred to or their designated representative.

3. FAMILIARITY WITH WORK:

It is the obligation of the Bidder to ascertain for himself all the facts concerning conditions to be found at the location of the Project including all physical characteristics above and/or below the surface of the ground, to fully examine the Plans, Bid Documents, Estimate of Quantities contained in the Schedule of Prices, to read the Specifications, thoroughly and completely, to consider fully these and all other matters which can in any way affect the Work under the Contract and to make the necessary investigations relating thereto; and he agrees to this obligation in the signing of the Contract. The City assumes no responsibility whatsoever with respect to ascertaining for the Bidders such facts

Information to Bidders IB-4 concerning physical characteristics at the location of the Project. The Bidder agrees that he shall make no claim for additional payment or extension of time for completion of the Work or any other concession because of any misinterpretation or misunderstanding of the Contract, on his part, or of any failure to fully acquaint himself with all conditions relating to the Work.

4. PLANS AND SPECIFICATIONS:

The Project shall be performed in strict accordance with the requirements of the Plans and Specifications, subject to Addenda issued by the Municipal Engineer in writing. The Plans and Specifications are intended to complement and supplement each other. Any Work required by either of them and not by the other shall be performed as if denoted both ways.

Should any Work be required which is not denoted in the Specifications or on the Plans because of an obvious omission but which is nevertheless necessary for the proper performance of the Project, such Work shall be performed as fully as if it were described and delineated. Should there be any conflict between the Plans and Specifications, it shall be resolved according to Section 23 INTENT OF PLANS AND SPECIFICATIONS.

Unless specifically modified therein, the quality of all material furnished and the manner of doing the Work and of paying therefore shall be governed by the applicable requirements of the 2019 New Jersey Department of Transportation "Standard Specifications for Road and Bridge Construction", as currently amended; and are hereby made part of these Specifications and the Contract to be based thereon, as though they were textually incorporated therein.

5. INTERPRETATIONS OR ADDENDA:

Should a Bidder find discrepancies in the Plans, Specifications, or Contract Documents, or should he be in doubt as to their meaning, he should post his inquiry on the bidnetdirect.com Q & A Forum for the project. No oral interpretation will be made to any Bidder as to the meaning of the Contract Documents or any part thereof. Every request for such interpretation shall be posted on the bidnetdirect.com A&A Forum and to be given consideration, must be at least ten (10) calendar days prior to the date fixed for the opening of bids, to allow the City to issue an addendum prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions or addition of items will be in the form of written addenda to the specifications which, if issued, will be posted on bidnetdirect.com. All addendums must be downloaded and receipt acknowledged on P-1 of the Bid Proposal. Failure to acknowledge receipt of all addenda will cause the bid to be considered Non-responsive, and bid will be rejected.

Acknowledgement of receipt of each addendum must be clearly established and included with the bid pursuant to N.J.S.A. 40A:11-23.2(e). All addendums so issued shall become part of the Contract Documents and shall be read immediately prior to the opening of the bids by the Purchasing Agent or designee who shall give each bidder or his representative present an opportunity to withdraw his bid before any bids are opened. Any objection arising out of the addendum subsequent to the opening of bids will not be considered.

Failure of any bidder to receive any such addendum or interpretation or to attend the

Information to Bidders IB-5 reading of the bids shall not relieve such bidder from any obligation under his bid as submitted, including such addendums. The City will not be responsible for any other explanations or interpretations of the proposed documents.

6. SUBSURFACE CONDITIONS:

It is the obligation of the Bidder to make his own investigations of subsurface conditions prior to submitting the Proposal. Borings, test excavations and other subsurface investigations, if any, made by the City prior to the construction of the Project, the records of which may be available to the Bidders, are made for use only as a guide for design. Said borings, test excavations and other subsurface investigations are not warranted to show the actual subsurface conditions.

Any interpretations of the City's subsurface investigation records made by the Bidder as to the types, characteristics, quantity and quality of any subsurface material or condition shall be at the sole risk of the Bidder.

The Bidder agrees that he shall make no claims against the City, if in carrying out the Project he finds that the actual conditions encountered do not conform to those indicated by said borings, test excavations and other subsurface investigations.

7. SUBMITTING PROPOSAL:

Each Bid shall be submitted on the prescribed Bid Documents which shall not be removed from the Specifications. All entries shall be in ink or typewritten. Bidders shall submit their Proposals in sealed envelopes. On the outside of the envelope shall be stated the name and address of the Bidder and the name of the Project as shown in the Notice to Bidders.

When the Proposal is made by an Individual, his Post Office Address shall be stated and he shall sign the Proposal; when made by a Firm or Partnership, its name and Post Office Address shall be stated, and the Proposal shall be signed by one or more of the Partners;

when made by a Corporation, its name and principal Post Office Address shall be stated and the Proposal shall be signed by an authorized official of the Corporation, with Corporate Seal affixed. Signatures shall be notarized in all cases. Proposals shall be hand delivered to the Purchasing Agent at the time and place stated in the Notice to Bidders; and they will be publicly opened and read aloud on the date, place, and at the time set and stated in the Notice to Bidders.

8. BID DOCUMENTS:

The Bid Documents to be included in the sealed envelope with the Proposal shall include but not be limited to the following:

*1. Certificates of Experience of General Contractor

2. Certificates of Experience of Subcontractors listed on the Plant and

Equipment Questionnaire in the Proposal, pursuant to N.J.S.A. 40A:11-16

Information to Bidders IB-6

*3. Plant and Equipment Questionnaire of General Contractor.

4. Plant and Equipment Questionnaire completed by subcontractors required to be named pursuant to N.J.S.A. 40A:11-16

5. Non-Collusion Affidavit *6. Statement of Ownership Disclosure

7. Disclosure of Investment Activities in Iran Form *8. Bid Guarantee *9. Consent of Surety

10. New Jersey Business Registration Certificates of General Contractor and all

Subcontractors listed on the Plant and Equipment Questionnaire in the Proposal, pursuant to N.J.S.A. 40A:11-16.

11. Certification of Non-Debarment for Federal Government Contracts

12. Equality Information on Substituted Items (if applicable) *13. Written acknowledgement of Addendum (if issued), pursuant to N.J.S.A.

40A:11-23.2(e)

14. Public Works Contractor Registration Certificates for bidder and all subcontractors named in bid proposal are required pursuant to N.J.S.A. 34:11-

56.48 et seq

15. Exhibit B: Mandatory Equal Employment Opportunity Language

Failure to include the Bid Documents listed immediately above that are marked with an asterisk (*) shall result in rejection of the Bid at the time of the Bid reception.

The contractor/bidder and all subcontractors named in the bid proposal must be registered with the Department of Labor pursuant to the Public Works Contractor Registration Act, N.J.S.A. 34:11-56.48 et seq., at the time the bid proposal is received, or the proposal will be determined to be non-responsive and will be rejected. Any non-listed subcontractor must be registered with the Department of Labor prior to physically starting work. A contractor desiring to register should contact the Contractor Registration Unit, Division of Wage and Hour Compliance, New Jersey Department of Labor, P.O. Box 389, Trenton, New Jersey 08625-0389, telephone no. (609) 292-9464, fax no: (609) 633-8591, e-mail:

contreg@dol.state.nj.us, website: www.nj.gov/labor/lsse/lspubcon.html.

9. BID GUARANTEE:

Each Proposal shall be accompanied by a Certified Check, Cashier's Check or Bid Bond in the amount of not less than Ten Percent (10%) of the Total Price bid in the Proposal; but in no case need the Certified Check, Cashier's Check or Bid Bond or any combination thereof exceed Twenty Thousand Dollars ($20,000.00) nor shall it be less than Five Hundred Dollars ($500.00). No cash will be accepted. This Certified Check, Cashier's Check or Bid Bond is offered as evidence of good faith and as a guarantee that, if awarded the Contract, the Bidder shall execute the Contract and provide a Performance Bond in the full amount of the Contract.

The Bid Bond is offered as guarantee, made by a Surety Company qualified and authorized to do business in the State of New Jersey and must be signed by an officer or agent of the Surety Company authorized to execute Bid Bonds on behalf of the Surety Company.

Information to Bidders IB-7

Included with the Bid Bond must be such documents which indicate that the officer or agent is authorized to execute the Bid Bond. If a Certified Check or Cashier's Check is offered as guarantee, it shall be made payable to the City of Jersey City.

10. CONSENT OF SURETY:

All Bidders shall submit with their Bids a certificate from an approved Surety Company, authorized to do business in the State of New Jersey, stating that it will provide the Bidder with a Performance Bond on such sum as required. The Successful Bidder shall be required to furnish a Surety Company Bond in the amount of the Contract conditioned for the faithful performance thereof.

11. WITHDRAWAL OF PROPOSAL:

A Proposal, after having been submitted, may be withdrawn by the Bidder on a given Project prior to the opening of any Bid on that Project.

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

A bidder claiming a mistake under N.J.S.A. 40A:11-23.3 must submit a request for withdrawal, in writing, by certified or registered mail to: Raquel Tosado, Director, Division of Purchasing, City Hall, 280 Grove Street, First Floor Room 116, Jersey City, New Jersey 07302. The bidder must request withdrawal of a bid due to a mistake, as defined by law, within five business days after the receipt and opening of the bids. Since the bid withdrawal request shall be effective as of the postmark of the certified or registered mailing, Peter Folgado, Director Division of Purchasing may contact all bidders, after bids are opened, to ascertain if any bidders wish to, or already have exercised a request to withdraw their bid pursuant to N.J.S.A. 40A:11-23.3.

A bidder’s request to withdraw the bid shall contain evidence, including any pertinent documents, demonstrating that a mistake was made. Such documents and relevant written information shall be reviewed and evaluated by the public owner’s designated staff pursuant to the statutory criteria of N.J.S.A. 40A:l1-23.3.

The City will not consider any written request for a bid withdrawal for a mistake, as defined by N.J.S.A. 40A:11-2(42), by the bidder in the preparation of a bid proposal unless the postmark of the certified or registered mailing is within the five business days following the opening of bids.

12. CAUSES FOR REJECTION:

Proposals from Bidders who are found to be unqualified and Proposals not accompanied by all required and properly completed Bid Documents shall be rejected.

Information to Bidders IB-8

In addition, causes for rejection of Proposals may include but not be limited to the following:

A. If prices are obviously unbalanced;

B. If received from Bidders who have previously performed work in an unsatisfactory manner;

C. If the Purchasing Agent, at his sole discretion, deems it advisable to do so in the best interest of the City;

D. If conditions, limitations or provisions are attached by a Bidder to his

Proposal;

E. If Proposals are otherwise irregular or the enclosed or accompanying documents are not completed and properly executed;

F. If the Bidder has not constructed at least three (3) comparable projects within the previous three (3) years;

G. If the Bidder does not own sufficient or satisfactory equipment to perform the Work.

13. RETURN OF BID GUARANTEES:

The Bid Guarantees of all except the apparent three (3) lowest responsible Bidders on the Project will be returned within ten (10) working days after the opening of Bids. The Bids of such Bidders will be considered as officially withdrawn. Within three (3) working days after awarding the Contract and the approval of the Performance Bond, the Bid Guarantees of the remaining Unsuccessful Bidders will be returned.

Upon execution of the Contract by the Successful Bidder, acceptance by the City of the Performance Bond and the receipt of the Certificates of Insurance, the Bid Guarantee of the lowest Bidder will be returned.

No interest will be paid on any form of Bid Guarantee.

14. AWARD OF CONTRACT:

The Contract, if awarded, will be awarded to the lowest responsible, qualified Bidder whose Proposal complies with the requirements as stated herein. Proposals may be rejected where the prices as bid are obviously unreasonable. Award of the Contract will be announced by the City Council.

After the Proposals are opened and read, they will be compared on the basis of the correctly determined summation of the correctly determined products of all the quantities for Pay Items shown in the Proposal multiplied by the Unit Prices Bid together with the sums bid for Lump Sum Pay Items. Award will be made on the basis of the correctly computed Total Bid Price.

Any discrepancy between the Total Bid Price stated in the Proposal and a computation of the Total Bid Price from the Unit Prices written in words in the Proposal will be resolved

Information to Bidders IB-9 by recomputing the Total Bid Price based on a multiplication of the Estimated Quantities by the Unit Prices stated in words in the Proposal. The mathematical errors thereby being corrected.

In the event of a discrepancy between the unit price bid for any Pay Item and the extension shown for that Item, the Unit Price written in words shall govern. Where a Unit Price is bid for a Pay Item, but no extension is provided, the Engineer will provide the extension based on the Unit Price bid multiplied by the Estimated Quantity for that Pay item. Where an extension is provided by the Bidder, but no Unit Price appears in the space provided in the Proposal, the Engineer will provide the Unit Price by dividing the extension figure, provided by the Bidder, by the Estimated Quantity. Where no figure is provided by the Bidder in both the space provided for the Unit Price and for the extension for one or more Pay Items, or where no figure is provided for one or more Lump Sum Pay Items, the Engineer will consider the amount bid to be zero ($0.00) for that Item provided, however, that the City may reject such a bid if this result would be unconscionable and it is shown that the failure to include a bid price was an excusable mistake.

In the event a corporation not incorporated in the State of New Jersey is the lowest bidder, it shall be authorized to do business in New Jersey pursuant to NJSA 14A:15 et seq. prior to beginning work.

The City may reject any and all Proposals when it determines that it is in the public interest to do so. It reserves the right to waive technicalities or to advertise for new Proposals.

A. BID FOR UNIT PRICES CONTRACT:

The Bidder shall state in the Schedule of Prices the price per unit of measure for each scheduled Item of Work for which he shall agree to carry out the Work; and the Total Price for the performance of the Project, as determined by multiplying each Estimated Quantity contained in the Schedule of Prices by the price per unit of measure bid and adding together the resulting amounts. Unit Prices shall be given in writing and in figures and in the case of variance the prices in writing shall prevail.

B. BID FOR LUMP SUM CONTRACT:

Lump Sum Bid or Base Bid, Alternates and Unit Prices shall all be given in writing and in figures. In case of discrepancy, the amount described in words shall govern.

If any of the Alternate(s) listed in the Schedule of Prices does not involve change in price, the Bidder shall so indicate by writing the words "NO CHANGE" on the space provided.

If the Base Bid is within the amount of funds available to finance the Contract and the City wishes to accept Bids on the Alternate(s), then the Contract award will be made to that responsible Bidder submitting the lowest combined Bid, consisting of the Base Bid plus Alternate Bid(s) (applied in the numerical order in which they

Information to Bidders IB-10 are listed in the Schedule of Prices). Under this procedure, if the City wishes to award on only the Base Bid, then the Contract will be awarded to that responsible Bidder submitting the lowest Base Bid.

For the purpose of comparison of Bids received, the Total Bid Price, as stated in the Proposal or as corrected in accordance with the above, will be considered to be the amount bid for the Project and award will be made based on that Total Bid Price. The Purchasing Agent may consider informal any Bids not prepared and made in accordance with the provisions stated herein and may waive or reject any or all Bids. Bids containing any conditions, omissions, unexplained erasure or alterations, or items not called for in the Proposal, or irregularities of any kind may be rejected by the City.

The Purchasing Agent will either award the Contract or reject all Proposals received within sixty (60) calendar days after the formal opening of Proposals. The acceptance of a Proposal will be a notice in writing signed by the Purchasing Agent and no other act shall constitute the acceptance of a Proposal.

15. TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES FOR FAILURE TO ENTER

INTO CONTRACT:

Any Bidder whose Proposal is accepted shall be required to execute four (4) copies of the Contract, furnish satisfactory Bonds and Certificates of Insurance to the City within ten

(10) calendar days after Notice of Award.

The Successful Bidder, upon his failure or refusal to execute and deliver the signed Contract, Bonds and Certificates of Insurance required, within ten (10) calendar days after receipt of the Contract, shall forfeit the Certified Check, Cashier's Check or Bid Bond to the City as liquidated damages for such failure or refusal.

The damages to the City for breach as above provided will include loss from interference with its construction program and other items whose accurate amount will be difficult or impossible to compute.