livingston Township of Livingston.pdf

TOWNSHIP OF LIVINGSTON

Essex County, New Jersey

BID NO. 22-2026

FURNISH AND INSTALL FOLDING PARTITION PANELS AT COMMUNITY CENTER

Issue Date: September 23, 2026

Bid Opening: October 14, 2026

Township of Livingston Bid No. 22-2026

Furnish & Install Folding Partition Panels at Community Center

TABLE OF CONTENTS

PAGE NO.

Public Notice 2

General Instructions to Bidders 3 –20

Submission of Bids

Insurance and Indemnification Statutory and Other Requirements Time for Award of Contract General Information

Scope of Work / Specifications

21-23

Document Checklist 24-25

Bid Forms 26-44

1. Proposed Fee Schedule / Bid Form

2. Exceptions

3. Statement of Ownership Disclosure

4. List of Subcontractors

5. Acknowledgement of Receipt of Addenda

6. Non-Collusion Affidavit

7. Affirmative Action Compliance Notice

8. Performance Record

9. Certification of Non-Debarment for Federal Government Contracts

10. Lowest Bidder Prevailing Wage Certification

11. Disclosure of Investment Activities in Iran

12. Certification of Non Involvement in Prohibited Activities in Russia or Belarus

13. Exhibit A Mandatory Affirmative Action Language (Read Only)

14. Americans with Disabilities Act of 1990 (Read Only)

NOTICE TO BIDDERS

NOTICE IS HEREBY GIVEN that sealed bids will be received by the Clerk’s Office, for the Township of Livingston, County of Essex, State of New Jersey on Wednesday, October 14, 2026, 11:00 AM prevailing time at 357 S. Livingston Avenue, Livingston, New Jersey at which time and place proposals will be opened in the Council Chambers and publicly read for:

Bid No. 22-2026 Furnish & Install Folding Partition Panels at Community Center

Bid documents and specifications can be downloaded for no charge online at https://www.livingstonnj.org/Bids.aspx (upon registration) beginning on Wednesday, September 23, 2026.

Bidders are required to comply with the requirements of NJSA 10:5-31 et seq. and NJAC 17:27-1 et seq.

Publication date: September 23, 2026 By Order of the Township Council

Karen A. Sullivan Township Purchasing Manager

GENERAL INSTRUCTIONS TO BIDDERS

I. SUBMISSION OF BIDS

A. All bidders must submit one (1) complete ORIGINAL bid proposal, clearly marked as the “ORIGINAL.” It is suggested that any bidder make and retain a copy of its bid proposal.

B. Submissions will be received by the Township Clerk at the time and place mentioned in the

Public Notice for Solicitation, and at such time will be publicly opened and read aloud in the Council Chambers.

C. The proposal shall be submitted, in a SEALED ENVELOPED, bearing the name and address of the bidder written on the face of the envelope, and addressed to:

Karen A. Sullivan, PURCHASING MANAGER c/o Township Clerk

Township of Livingston 357 South Livingston Avenue

Livingston, New Jersey 07039 and clearly marked with the words

“BID responding to Bid No. 22-2026 – Furnish & Install Folding Partition Panels at Community Center

Do Not Open Until October 14, 2026 at 11:00 AM”

ALL BIDS MUST BE DELIVERED TO AND RECEIVED BY THE TOWNSHIP CLERK’S OFFICE

WHO WILL DATE AND TIME STAMP ALL SUBMISSIONS.

D. It is the bidder’s responsibility to see that bids are presented to the TOWNSHIP on the hour and at the place designated. Submissions may be hand delivered or mailed; however, the TOWNSHIP claims no responsibility for bids forwarded by regular or overnight mail. If the proposal is sent by overnight mail, the designation in section D, above, must also appear on the outside of the delivery company envelope. Proposals received after the designated time and date will be returned unopened.

E. Sealed submissions forwarded to the TOWNSHIP before the time of opening of bids may be withdrawn upon written application of the professional service provider 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.

F. Each proposal/bid form must give the full business address, business phone, fax, e-mail if available, the contact person of the bidder and be signed by an authorized representative as follows:

• Submissions 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.

• Submissions 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.

• Submissions by sole-proprietorship shall be signed by the proprietor.

• When requested, satisfactory evidence of the authority of the officer signing shall be furnished.

II. GENERAL INFORMATION

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

1. (X ) BID GUARANTEE.

If bid security is required, such security must be submitted with the bid in the amount listed in the bid documents, see N.J.S.A. 40A:11-21. Acceptable forms of bid security are as follows:

a. A Bid Guarantee in the form of a properly executed individual or annual Bid Bond issued by an insurance or security company authorized to do business in the State of New Jersey, cashier’s check or certified check made payable unconditionally to the Township of Livingston in the amount of 10% of the bid submitted, not to exceed twenty thousand dollars ($20,000.00).

b. The Township of Livingston will hold all bid security during the evaluation process. Pursuant to N.J.S.A. 40A:11-24, contracts must be awarded within sixty

(60) days of receipt of bids. The Township will:

(i) Issue an award notice to the lowest responsible bidder;

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

Within three days, Sundays and holidays excepted, after the awarding and signing of the contract and the approval of the contractor's performance bond, the bid security of the remaining unsuccessful bidders shall be returned to them.

2. ( X ) CONSENT OF SURETY.

Bidder shall submit with the bid a Certificate (Consent of Surety) with Power of Attorney for full amount of bid price from a Surety Company authorized to do business in the State of New Jersey and acceptable to the Township of Livingston 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 statute.

3. ( X ) PERFORMANCE BOND.

The successful bidder shall simultaneously, with the delivery of the executed contract, submit an executed bond in the amount of one hundred percent (100%) of the acceptable bid as security for the faithful performance of this contract.

4. ( X ) LABOR AND MATERIAL (PAYMENT) BOND

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.

Failure to submit a labor and material bond with the performance bond shall be cause for declaring the contract null and void.

5. ( X ) MAINTENANCE BOND.

Upon acceptance of the work by the owner, the contractor shall submit a maintenance bond (N.J.S.A. 40A:11-16.3) in an amount not to exceed ten percent (10%) of the project costs guaranteeing against defective quality of work or materials for the period of:

_____1 year

__ X __2 years

5. ( ) IRREVOCABLE STANDBY LETTER OF CREDIT

The Standby Letter of Credit is required to guarantee payment, guarantee performance and to strengthen the credit worthiness of the contractor. The amount should cover the amount of the contract (or anticipated revenues to the Township, as applicable) and remain in effect though the term of the contract. The Irrevocable Standby Letter of Credit shall serve as a backup form of payment in the event the contractor does not make payments to the Township as agreed.

B. Exceptions to the Bid Specifications. Whenever the Work Specifications identify a brand name, trade name or manufacturer’s name, this designation is used for classification or descriptive purposes only, and the bidder may substitute an equal project, subject to the Approval of the Township Council. ALL EXCEPTIONS TO THE TECHNICAL SPECIFICATIONS MUST BE

DISCLOSED ON THE “EXCEPTIONS” FORM CONTAINED HEREIN.

C. “Or Equal” Substitutions. Any conditions, limitations, provisions, amendments, or other changes attached or added by the bidder to any of the provisions of these Bid Specifications or any changes made by the bidder on the Proposal Forms shall result in the rejection of the bid proposal by the Township Council.

D. Compliance. The bidder shall be familiar with and comply with all applicable local, state and federal laws and regulations in the submission of the bid proposal and, if the bidder is awarded the contract, in the performance of the contract.

E. Conflict of Interest and Non-collusion. Each bidder must execute and submit as part of the Bid

Proposal a “Non-Collusion Affidavit” which at a minimum shall attest that:

The bidder has not entered into any agreement or participated in any collusion with any other person, corporate entity or government entity or competitive bidding either alone or with any other person, corporate entity or government entity in connection with the above named project;

F. All statements made in the bid proposal are true and correct and made with the full knowledge that the Contracting Unit relies upon the truth of those statements in awarding the contract; and the truth of those statements in awarding the contract; and

G. No person or business is employed to solicit or secure the contract in exchange for a commission, percentage brokerage agreement or contingency fee unless such person possesses a Certificate of Public Convenience and Necessity and a License issued pursuant to N.J.A.C. 7:26-16 et. seq.

III. QUOTATIONS, BIDS AND FORMS

A. The Township of Livingston is exempt from any local, state or federal sales, use or excise tax.

The Township of Livingston will not pay service charges such as interest and late fees.

B. The Township of Livingston or any of its offices or divisions will not complete any credit application(s) as a result of contract(s) resulting from award based on these specifications.

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

D. Estimated Quantities (Open-Ended Contract, Purchase as Needed). The Township of

Livingston has attempted to identify the item(s) and the estimated amounts of each item bid to cover its requirements; however, past experience shows that the amount ordered may be different than that submitted for bidding. The right is reserved to decrease or increase the quantities specified in the specifications pursuant to Statute. NO MINIMUM OR MAXIMUM

PURCHASE IS IMPLIED OR GUARANTEED.

E. Insert prices for furnishing all of the material described. Prices shall be met including all transportation charges fully prepaid by the contract F.O.B. destination and placement as designated by the Township. No additional charges will be allowed for any transportation costs resulting from partial shipments made at vendor’s convenience when a single shipment is ordered.

F. All forms shall be completed and attached to the bid form. Bidder is alerted to the checklist on the bid form.

IV. INTERPRETATIONS AND ADDENDA

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

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

C. No oral representation of the meaning of the specifications will be made to any bidder. Every request for an interpretation shall be in writing, addressed to the Purchasing Manager. In order to be given consideration, written requests for interpretation must be received at least seven (7) days prior to the date fixed for the opening of the bids. All addenda will be distributed to all prospective bidders in accordance with N.J.S.A. 40A:11-23(c)(2). All addenda so issued shall become part of the contract documents, and shall be acknowledged by the bidder in the bid.

The Township’s interpretations or corrections thereof shall be final.

D. If the amount in words and its equivalent figures do not agree, the written words shall be binding. Ditto (“) marks are not considered writing or printing and shall not be used.

E. In the event there is a discrepancy between the unit prices and the extended total, 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.

V. BRAND NAMES, STANDARDS OF QUALITY, PATENTS

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

B. Brand names and/or descriptions used in this bid are to acquaint bidders with the type of commodity desired and will be used as a standard by which alternate or competitive materials offered will be judged. Competitive items must be equal to the standard described and be of the same quality of work. Variations between materials described and the materials offered are to be fully explained by the bidder on a separate sheet and submitted with the proposal/bid 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.

C. It is the responsibility of the bidder to demonstrate the equivalency of item(s) offered. The

Township of Livingston reserves the right to evaluate the equivalency of a product which, in its deliberations, meets its requirements.

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

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

VI. AWARD OF BID

A. The Township of Livingston reserves the right to accept or reject any or all bids in accordance with the NJ Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq, and to award in whole or in part to the lowest responsive and responsible bidder, in accordance with the NJ Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq. Without limiting the generality of the foregoing, any bid which is incomplete, obscure, or irregular may be rejected, any bid having erasures or corrections in the price sheet may be rejected; any bid which unit prices are omitted, or in which unit/total prices are unbalanced, may be rejected; any bid accompanied by any insufficient or irregular certified check, cashier’s check or bid bond may be rejected.

B. The Township may reject all bids pursuant to N.J.S.A. 40A:11-13.2 and any bid that is non-responsive or submitted by a bidder that is not responsible. In the event that the Township Council rejects all bids, the Township Council shall publish a notice of re-bid no later than ten

(10) days, Saturdays, Sundays and holidays excepted, prior to the date for acceptance of bids.

C. Notice of Award and Execution of Contract. Within thirty (30) days of the award of the Contract, the Township of Livingston shall notify the successful bidder in writing at the address set forth in the Bid Proposal and such notice shall specify the place and time for delivery of the executed Contract and the performance bond. Failure to deliver the documents as specified in the notice of award shall be cause for the Township of Livingston to declare the contractor non-responsive and to award the contract to the next lowest bidder.

D. Responsible Bidder. The Township of Livingston shall determine whether a bidder is

“responsible” in accordance with N.J.S.A. 40A:11-2(32). The Bid Proposal of any bidder this is deemed not to be “responsible” shall be rejected.

VII. PERMISSION FOR BIDDER TO WITHDRAW A BID DUE TO A MISTAKE IN CERTAIN

CIRCUMSTANCES

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

A bidder claiming a mistake under N.J.S.A. 40A:11-23.3 must submit a request for withdrawal, in writing, by certified or registered mail to

Karen A. Sullivan, PURCHASING MANAGER c/o Township Clerk

Township of Livingston 357 South Livingston Avenue

Livingston, New Jersey 07039

The bidder must request withdrawal of a bid due to a mistake, as defined by the law, within five business days after the receipt and opening of the bids. Since the bid withdrawal request shall be effective as of the postmark of the certified or registered mailing, Karen A. Sullivan, Purchasing Manager, 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:11-23.3.

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

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

VIII. NEW JERSEY PREVAILING WAGE ACT

Pursuant to N.J.S.A. 34:11-56.25 et seq., contractors on projects for public work shall adhere to all requirements of the New Jersey Prevailing Wage Act. The contractor shall be required to submit a certified payroll record to the Township within ten (10) days of the payment of wages. The contractor is also responsible for obtaining and submitting said certified payrolls in the form set forth in N.J.A.C.

12:60-6.1(c). It is the contractor’s responsibility to obtain any additional copies of the certified payroll form to be submitted by contacting the New Jersey Department of Labor and Workforce Development, Division of Workplace Standards. Additional information is available at www.state.nj.us/labor/lsse/lspubcon.html.

34:11-56.27. Required contract provisions; liability of contractor and sureties for excess costs

Every contract in excess of the prevailing wage contract threshold amount for any public work to which any public body is a party or for public work to be done on property or premises owned by a public body or leased or to be leased by a public body shall contain a provision stating the prevailing wage rate which can be paid (as shall be designated by the commissioner) to the workers employed in the performance of the contract and the contract shall contain a stipulation that such workers shall be paid not less than such prevailing wage rate.

Such contract shall also contain a provision that in the event it is found that any worker, employed by the contractor or any subcontractor covered by said contract, has been paid a rate of wages less than the prevailing wage required to be paid by such contract, the public body, the lessee to whom the public body is leasing a property or premises or the lessor from whom the public body is leasing or will be leasing a property or premises may terminate the contractor's or subcontractor's right to proceed with the work, or such part of the work as to which there has been a failure to pay required wages and to prosecute the work to completion or otherwise. The contractor and his sureties shall be liable for any excess costs occasioned thereby to the public body, any lessee to whom the public body is leasing a property or premises or any lessor from whom the public body is leasing or will be leasing a property or premises.

34:11-56.28. Specification of prevailing wage rate by craft in contract

The public body, any lessee to whom the public body is leasing a property or premises and any lessor from whom the public body is leasing or will be leasing a property or premises awarding any contract for public work or otherwise undertaking any public work shall ascertain from the commissioner the prevailing wage rate in the locality in which the public work is to be performed for each craft or trade needed to perform the contract and shall specify in the contract itself what the prevailing wage rate in the locality is for each craft or trade or classification of all workers needed to perform the contract during the anticipated term thereof. Nothing in this act however shall prohibit the payment of more than the prevailing wage rate to any worker employed on a public work.

IV. NON-DISCRIMINATION

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

X. WORKER AND COMMUNITY RIGHT TO KNOW ACT

The manufacturer or supplier of chemical substances or mixtures shall label them in accordance with the New Jersey Worker and Community Right to Know Act (N.J.S.A. 34:5A-1 et seq.). Containers that the law and rules require to be labeled shall show the Chemical Abstracts Service number of all the components and the chemical name. Further, all applicable Material Safety Data Sheets (MSDS), also known as Hazardous Substance Fact Sheets, must be furnished.

XI. INSURANCE AND INDEMNIFICATION

A. Insurance Requirements

1. 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 pursuant to N.J.S.A.

34:15-12(a) and N.J.A.C. 12:235-1.6. Minimum Employer’s Liability $1,000,000.00.

2. General Liability Insurance (including Products and Completed Operations)

This insurance shall have limits of not less than $1,000,000.00 any one person and $1,000,000.00 any one accident for bodily injury and $2,000,000.00 aggregate for property damage, and shall be maintained in force during the life of this contract by the bidder. The Township shall be listed as an additional insured on the bidder’s policy and the policy shall state that their policy is primary and non-contributory.

3. Automotive Liability Insurance

Coverage must be for all owned, non-owned, and hired vehicles. The limit of liability should not be less than One Million Dollars ($1,000,000) for both property damage and bodily injury. The Township is not responsible for any property damage to the Contractor’s vehicles. The limits may be in conjunction with an umbrella.

B. Certificates of the Required Insurance

Certificates of Insurance for those polices required above shall be submitted after contract award.

Such coverage shall be with an insurance company authorized to do business in the State of New Jersey and from an insurance company rated A- or better by AM Best. All certificates shall name the TOWNSHIP as an additional insured.

C. Indemnification

The contractor agrees to indemnify, defend and hold harmless the Township, its officers, agents and employees, hereinafter referred to as indemnitees, from all suits, including attorneys’ fees and costs of litigation, actions, loss damage, expense, cost of claims, of any character or on account of any act, claim or amount arising or recovered under Workers’ Compensation law, or arising out of failure of the contractor or those acting under contractor to conform to any statutes, ordinances, regulations, law or court decree. It is the intent of the parties to this contract that the indemnitees shall, in all instances, except for loss or damage resulting from the sole negligence of the indemnitee, be indemnified against all liability, loss, or damage or any nature whatsoever.

XII. STATUTORY AND OTHER REQUIREMENTS

A. Mandatory Affirmative Action Compliance Notification

No firm may be issued a contract unless it complies with the affirmative action provisions of N.J.S.A.

10:5-31 et seq. and N.J.A.C. 17:27-1 et seq.

B. Statement of Ownership Disclosure

N.J.S.A. 52:25-24.2 provides that no corporation or partnership or limited liability company shall be awarded any contract for the performance of any work or the furnishing of any goods and services, unless, prior to the receipt of the bid or accompanying the bid of said corporation or partnership or limited liability company. Bidders shall submit a statement setting forth the names and addresses of all stockholders in the corporation or partnership or limited liability company who own ten percent or more of its stock of any class, or of all individual partners in the partnership who own a ten percent or greater interest therein. The included Statement of Ownership Disclosure shall be completed and attached to the bid proposal. This requirement applies to all forms of corporations and partnerships and limited liability companies, including, but not limited to, limited partnerships, limited liability partnerships and Subchapter S corporations. Failure to submit a stockholder disclosure document shall result in rejection of the proposal.

C. Non-Collusion Affidavit

The Non-Collusion Affidavit shall be properly executed and submitted with the bid proposal.

D. Proof of Business Registration

Pursuant to N.J.S.A. 52:32-44 proof of business registration shall be provided to the Township prior to a contract award. Proof of registration shall be a copy of the bidder’s Business Registration Certificate (BRC). A BRC is obtained from the New Jersey Division of Revenue. Information on obtaining a BRC is available on the internet at www.nj.gov/njbgs or by phone at (609) 292-1730.

N.J.S.A. 52:32-44 imposes the following requirements on contractors and all subcontractors that knowingly provide goods or perform services for a contractor fulfilling this contract:

1) Prior to receipt of final payment from a contracting agency, a contractor must submit to the contacting agency an accurate list of all subcontractors or attest that none was used;

2) During the term of this contract, the contractor and its affiliates shall collect and remit, and shall notify all subcontractors and their affiliates that they must collect and remit to the Director, New Jersey Division of Taxation, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A. 54:32B-1 et seq.) on all sales of tangible personal property delivered into this State.

A contractor, subcontractor or supplier who fails to provide proof of business registration or provides false business registration information shall be liable to a penalty of $25 for each day of violation, not to exceed $50,000 for each business registration not properly provided or maintained under a contract with a contracting agency. Information on the law and its requirements is available by calling (609) 292-1730.

N.J.S.A. 34:11-56.55 specifically prohibits accepting applications for registration as a substitute for a certificate of registration.

E. “Pay to Play” – Notice of Disclosure Requirement – P.L. 2005, Chapter 271, Section 3 Reporting (N.J.S.A. 19:44A – 20.27)

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

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

(3) At a minimum, a list of all business entities that file an annual disclosure report will be listed on ELEC’s website at www.elec.state.nj.us.

(4) If you have any questions please contact ELEC at:

1-888-313-ELEC (3532) (toll free in NJ) or 609-292-8700

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

It is understood by all parties that if, during the life of the contract, the contractor disposes of his/her business concern by acquisition, merger, sale and/or transfer or by any means convey his/her interest(s) to another party, all obligations shall be are transferred to that new party only by written consent of the Township Council, which consent shall not be unreasonably withheld. Upon the approval of the transfer by the Township Council, the new owner(s) will be required to submit, when requested, a performance bond in the amount of the open balance of the contract.

XIV. INSURANCE, ACCIDENTS, INJURIES, DAMAGES

A. If It becomes necessary for the contract, either as principal or by agent or employee, to enter upon the premises or property of the Township in order to construct, erect, inspect, make delivery or remove property hereunder, the contractor hereby covenants and agrees to take use, provide and make all proper, necessary and sufficient precautions, safeguards, and protection against the occurrence of happenings of any accidents injuries, damages, or hurt to person or property during the course of the work herein covered and be his/her sole responsibility.

The contractor further covenants and agrees to indemnify and save harmless the Township from the payment of all sums of money or other consideration(s) by reason of any, or all, such accidents, injuries, damages, or hurt that may happen or occur upon or about such work and all fines, penalties and loss incurred for or by reason of the violation of any Township regulation, ordinance or the laws of the State, or the United States while said work is in progress.

B. The contractor shall maintain sufficient insurance to protect against all claims under Workers’

Compensation, General Liability and Automobile and shall be subject to approval for adequacy of protection and certificates of such insurance shall be provided to the Township when required. In all cases where a Certificate of Insurance is required, the Township shall be named as an additional insured.

XV. PAYMENT

Payment will be made after a properly executed Township voucher has been received and formally approved. The voucher will be certified correct by the department/division head who received the goods or services. The Township’s payment process will be in compliance with the requirements of the Prompt Payment Act at N.J.S.A. 2A:30A-1 et seq.

Payment and Completion

(a) The Contractor shall prepare and submit to the department head accurate statements or invoices of the value of the material incorporated in the work and the work done to the date of the estimates. The statements or invoices shall show a general description of the work completed for which the invoice of payment is being made and the amount due. All invoices or statements for payments will be subject to verification by the department head. The Township shall pay to the Contractor the amount thus determined less retainage as set forth hereinafter for services or equipment which have been approved, accepted, certified and performed or provided in accordance with the agreed-upon terms within thirty (30) calendar days after the billing date. However, a bill by the Contractor will not be deemed approved, accepted or certified and the Township may withhold full or partial payment if, within twenty (20) calendar days after receiving the bill, the Township provides the Contractor with a written statement of the amount withheld and the reasons for withholding payment.

(b) Where individual construction contracts do not exceed One Hundred Thousand Dollars ($100,000.00), ten percent (10%) of each partial payment shall be retained by the Township in a manner as provided in N.J.S.A.

40A:11-16.1. Said retained amount shall be paid to the Contractor forty-five (45) days after final completion and acceptance by the Township, with interest paid if the retained amount was through bonds or notes. Any interest accruing on cash payments withheld shall be credited to the contracting agency.

(c) Where individual construction contracts exceed One Hundred Thousand Dollars ($100,000.00), the Township shall retain two percent (2%) of the amount due on each payment pending completion of the Contract. Pursuant to N.J.S.A. 40A:11-16.1 (Chapter 152, P.L. 1979), the Contractor may choose to deposit bonds in lieu of the two percent (2%) cash retainage. The in lieu deposit shall be in the form of appropriate bonds of the State of NJ, or negotiable bearer bonds or notes of any political subdivision of the State with a value equal to two percent (2%) of the partial payment, the retainage which would have been withheld by the Township. In the event that the Contractor chooses the option of depositing the bonds in lieu of cash retainage, the Contractor shall be prepared to enter into an Escrow Agreement with the Township and with a federally insured bank or savings and loan institution with a trust department located in the State of NJ. Forty-five (45) days after final completion and acceptance of the work by the Township, the Township shall either pay to the Contractor the two percent (2%) cash retained plus interest or shall release the bonds in lieu of retainage held in escrow.

XVI. TERMINATION

A. Non-Performance. Non-performance of the Contractor in terms of specifications shall be a basis for termination of the contract by the Township. The Township may terminate the contract upon thirty (30) days’ written notice to the Contractor. The Township shall not pay for any services and/or materials which are unsatisfactory. The contractor may be given a reasonable opportunity before termination to correct the deficiencies. This, however, shall in no way be constructed as negating the basis for termination for non-performance.

B. Unconditional Termination for Convenience. The Township may terminate the contract for convenience by providing sixty (60) calendar days advance written notice to the contractor.

C. Termination for Default. If the contractor fails to meet deadlines, or fails to provide the agreed upon services, and or material altogether, a termination for default will be issued, but only after the Township has determined the Contractor has failed to remedy the problem after being forewarned.

D. Termination by the Township. If the contractor should be adjudged bankrupt or should made a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, the Township may terminate this contract. If the contractor should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to provide enough properly skilled workers or proper materials, or persistently disregard laws and ordinances, or not proceed with work of this contract, the Township shall give the contractor fifteen (15) calendar days written notice. Upon receipt of such termination notice, the contractor shall be allowed seven (7) calendar days to cure such deficiencies.

XVII. SPECIFICATIONS

Any prospective bidder who wishes to challenge a bid specification shall file such challenge, in writing, with the contracting agent no less than three (3) business days prior to the opening of bids. Challenges filed after that time shall be considered void and having no impact on the contracting unit or the award of contract.

XVIII. TRUTH IN CONTRACTING (N.J.S.A. 2C:21-34 and N.J.S.A. 2C:27-11)

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

XIX. PUBLIC WORKS CONTRACTOR REGISTRATION ACT

Pursuant to N.J.S.A. 34:11-56.51 et seq., No contractor shall bid on any contract for public work as defined in section 2 of P.L. 1963, c. 150 (C. 34:11-56.26) unless the contractor is registered pursuant to this act. No contractor shall list a subcontractor in a bid proposal for the contract unless the subcontractor is registered pursuant to P.L. 1999, c. 238 (C. 34:11-56.48 et seq.) at the time the bid is made. No contractor or subcontractor, including a subcontractor not listed in the bid proposal, shall engage in the performance of any public work subject to the contract, unless the contractor or subcontractor is registered pursuant to that act.

XX. CHANGES, CHANGED CONDITIONS, CHANGE ORDERS

The Owner may, at any time, by written order, and without notice to the sureties, make changes in the work within the general scope of the Contractor Documents, consisting of additions, deletions or other revisions. Such changes may include, without limitation, changes in the Contractor Documents, Contractor Drawings and Specifications, changes in the quantities, estimated quantities, design, line, grade, plan, form, dimensions or materials of the work or any part thereof, changes in the method or manner of performing the work, and changes in Owner-furnished property.

Any other written or oral orders (including, without limitation, directions, instructions, interpretations, or determinations) from the Owner or Engineer to the Contractor that cause material change in the requirements of the Contractor Documents, may be authorized as changes under this Clause; provided, as conditions precedent, that the Contractor gives the Owner and Engineer advance written notice at the earliest practicable time (in any case before beginning the work which will be the subject of the claimed change and before incurring any costs in connection with the claimed change) of the date, circumstances and source of the alleged change; provided that the Contractor expressly states in the notice that the Contractor regards the order as a change in the requirements of the Contractor Documents and cites this Article of the Contract; and provided that the Owner determines that the claim of the Contractor is meritorious and issues a duly authorized written change order to that effect.

If any such change causes an increase or decrease in the cost of or time required for the performance of any part of the work under this Contractor, the Owner shall make an adjustment in the Contractor Price, the required completion times for the Contractor work, or both. If any change decreases the work to be performed, the Contractor shall not be entitled to damages or anticipated profits on the work that is eliminated.

This construction Contract is subject to changed conditions clauses in accordance with P.L. 2017 c.

317.

A) A Contract subject to this section shall include the following differing site conditions provisions as per P.L.

2017 c. 317:

(1) If the Contractor encounters differing site conditions during the progress of the work of the Contract, the

Contractor shall promptly notify the Owner in writing of the specific differing site conditions encountered before the site is further disturbed and before any additional work is performed in the impacted area.

(2) Upon receipt of a differing site conditions notice in accordance with paragraph (1) of this subsection, or upon the Owner otherwise learning of differing site conditions, the Owner shall promptly undertake an investigation to determine whether differing site conditions are present.

(3) If the Owner determines different site conditions that may result in additional costs or delays exist, the

Owner shall provide prompt written notice to the Contractor containing directions on how to proceed.

(4) (a) The Owner shall make a fair and equitable adjustment to the Contract price and Contract completion date for increased costs and delays resulting from the agreed upon differing site conditions encountered by the Contractor.

(b) If both parties agree that the Owner’s investigation and directions decrease the Contractor’s costs or time of performance, the Owner shall be entitled to a fair and equitable downward adjustment of the Contract price or time of performance.

(c) If the Owner determines that there are no differing site conditions present that would result in additional costs or delays, the Owner shall so advise the Contractor, in writing, and the Contractor shall resume performance of the Contract, and shall be entitled to pursue a differing site conditions claim against the Owner for additional compensation or time attributable to the alleged differing site conditions.

(5) Execution of the Contract by the Contractor shall constitute a representation that the Contractor has visited the site and has become generally familiar with the local conditions under which the work is to be performed.

(6) As used in this subsection, “differing site conditions” mean physical conditions at the Contract work site that are subsurface or otherwise concealed and which differ materially from those indicated in the Contract documents or are of such an unusual nature that the conditions differ materially from those ordinarily encountered and generally recognized as inherent in the work of the character provided for in the Contract.

B) A Contract subject to this section shall include the following suspension of work provisions as per P.L. 2017

c. 317:

(1) The Owner shall provide written notice to the Contractor in advance of any suspension of work lasting more than 10 calendar days of the performance of all or any portion of the work of the Contract.

(2) If the performance of all or any portion of the work of the Contract is suspended by the Owner for more than 10 calendar days due to no fault of the Contractor or as a consequence of an occurrence beyond the Owner’s control, the Contractor shall be entitled to compensation for any resultant delay to the project completion or additional Contractor expenses, and to an extension of time, provided that, to the extent feasible, the Contractor, within 10 calendar days following the conclusion of the suspension, notifies the Owner, in writing, of the nature and extent of the suspension of work. The notice shall include available supporting information, which information may thereafter be supplemented by the Contractor as needed and as may be reasonably requested by the Owner. Whenever a work suspension exceeds 60 days, upon seven days’ written notice, either party shall have the option to terminate the Contract for cause and to be fairly and equitably compensated therefor.

(3) Upon receipt of the Contractor’s suspension of work notice in accordance with paragraph (2) of this subsection, the Owner shall promptly evaluate the Contractor’s notice and promptly advise the Contractor of its determination on how to proceed in writing.

(4) (a) If the Owner determines that the Contractor is entitled to additional compensation or time, the

Owner shall make a fair and equitable upward adjustment to the Contract price and Contract completion date.

(b) If the Owner determines that the Contractor is not entitled to additional compensation or time, the Contractor shall proceed with the performance of the Contract work, and shall be entitled to pursue a suspension of work claim against the Owner for additional compensation or time attributable to the suspension.

(5) Failure of the Contractor to provide timely notice of a suspension of work shall result in a waiver of a claim if the Owner can prove by clear and convincing evidence that the lack of notice or delayed notice by the Contractor actually prejudiced the Owner’s ability to adequately investigate and defend against the claim.

C) A Contract subject to this section shall include the following change in character of work provisions as per

P.L. 2017 c. 317:

(1) If the Contractor believes that a change directive by the Owner results in a material change to the

Contract work, the Contractor shall so notify the Owner in writing. The Contractor shall continue to perform all work on the project that is not the subject of the notice.

(2) Upon receipt of the Contractor’s change in character notice in accordance with paragraph (1) of this subsection, the Owner shall promptly evaluate the Contractor’s notice and promptly advise the Contractor of its determination on how to proceed in writing.

(3) (a) If the Owner determines that a change to the Contractor’s work caused or directed by the Owner materially changes the character of any aspect of the Contract work, the Owner shall make a fair and equitable upward adjustment to the Contract price and Contract completion date. The basis for any such price adjustment shall be the difference between the cost of performance of the work as planned at the time of contracting and the actual cost of such work as a result of its change in character, or as otherwise mutually agreed upon by the Contractor and the Owner prior to the Contractor performing the subject work.

(b) If the Owner determines that the Contractor is not entitled to additional compensation or time, the Contractor shall continue the performance of all Contract work, and shall be entitled to pursue a claim against the Owner for additional compensation or time attributable to the alleged material change.

(4) As used in this subsection, “material change” means a character change which increases or decreases the Contractor’s cost of performing the work, increases or decreases the amount of time by which the Contractor completes the work in relation to the contractually required completion date, or both.

D) A Contract subject to this section shall include the following change in quantity provisions as per P.L. 2017

c. 317:

(1) The Owner may increase or decrease the quantity of work to be performed by the Contractor.

(2) (a) If the quantity of a pay item is cumulatively increased or decreased by 20 percent or less from the bid proposal quantity, the quantity change shall be considered a minor change in quantity.

(b) If the quantity of a pay item is increased or decreased by more than 20 percent from the bid proposal quantity, the quantity change shall be considered a major change in quantity.

(3) For any minor change in quantity, the Owner shall make payment for the quantity of the pay item performed at the bid price for the pay item.

(4) (a) For a major increase in quantity, the Owner or Contractor may request to renegotiate the price for the quantity in excess of 120 percent of the bid proposal quantity. If a mutual agreement cannot be reached on a negotiated price for a major quantity increase, the Owner shall pay the actual costs plus an additional 10 percent for overhead and an additional 10 percent for profit, unless otherwise specified in the original bid.

(b) For a major decrease in quantity, the Owner or Contractor may request to renegotiate the price for the quantity of work performed. If a mutual agreement cannot be reached on a negotiated price for a major quantity decrease, the Owner shall pay the actual costs plus an additional 10 percent for overhead and an additional 10 percent for profit, unless otherwise specified in the original bid; provided, however, that the Owner shall not make a payment in an amount that exceeds 80 percent of the value of the bid price multiplied by the bid proposal quantity.

(5) As used in this subsection, the term “bid proposal quantity” means the quantity indicated in the bid proposal less the quantities designated in the project plans as “if and where directed.”

As a condition precedent to the Contractor's right to any entitlement to increased costs or an extension of time under this Clause, the Contractor must fully document its claim to an adjustment within thirty

(30) days after receipt of a written change request/directive from the Owner or within thirty (30) days after the Contractor gives notice of a constructive change. Such documentation shall, without limitation, include a written statement to the Owner and Engineer setting forth the full particulars of the Contractor's claimed entitlements and the claimed amounts, accompanied by full documentation and detailed accounting in support of all aspects of the claim.