midland 9697 - Tennis Court Spec.pdf

BOOK# _____________

Notice To Contractors

Instructions To Bidders

Specifications and Form of Proposal

College Road Tennis Court Reconstruction

Borough of Midland Park

Bergen County, NJ

Bid Date: September 1, 2026

Bid Time: 10:00 A.M.

Submitted By:

Contractor:

Address:

City & State:

Prepared By

Joseph F. Vince, PE, LS, PP, CME

New Jersey Professional Engineer & Land Surveyor

License No. GB42588

BOROUGH OF MIDLAND PARK, NJ

NOTICE TO BIDDERS

NOTICE is hereby given that Sealed Bids will be received by the Mayor and Council of the Borough of

Midland Park in the County of Bergen, State of New Jersey, on September 1, at 10:00 a.m. prevailing time, in the Municipal Building of the Borough of Midland Park, 280 Godwin Avenue, Midland Park, New Jersey, for the project known as:

Copies of the plans and specifications and other contract documents are on file and opened to public inspection at said Municipal Building and sets of such documents may be obtained from the Borough

Engineer, Schwanewede Hals & Vince, 111 Littleton Road, Suite 200, Parsippany, New Jersey, (Phone:

201-337-0053) between 8:30 AM and 4:00 P.M. Monday through Friday and upon payment of $125.00, no part of which shall be refunded.

The work shall commence within 10 consecutive calendar days of award of the contract and be completed within 45 consecutive calendar days. If the Municipality determines that unfavorable weather conditions will not allow for the completion of the project within 45 consecutive calendar days, the Municipality may suspend the work at its discretion with no additional cost to the Municipality, until such time that weather permits the project to be completed. The work shall be completed no later than April 30, 2027.

The successful bidder shall be required to comply with all provisions of the New Jersey prevailing local wage rates as determined by the New Jersey Department of Labor and Industry.

Bidders must enclose with their bid a certified check, cashier’s check or bid bond for ten (10%) percent of the amount of their bid.

The successful bidder will be required to furnish bonds as follows:

1. Performance Bond in a sum equal to one hundred (100%) percent of the full amount of contract, and

2. Labor and Material Bond in a sum equal to one hundred (100%) percent of the full amount of contract.

Such Performance Bond and Labor and Material Bond must be furnished by the successful bidder simultaneously with the delivery of the executed contract by such bidder. Further, the successful bidder must furnish to the Borough of Midland Park Certificates of Insurance as required by the Contract

Documents and an AIA form G703 complete in sufficient detail for this project.

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

Affirmative Action Regulations.

Bidders are required to comply with the “Public Works Contractor Registration Act” and provide evidence of registration having been made prior to the date of bid opening.

The Mayor and Council reserve the right to waive any informalities or to reject any and all bids.

By order of the Mayor and Council of the Borough of Midland Park.

Wendy Martin, Borough Clerk

DEFINITION OF TERMS

MUNICIPALITY Borough of Midland Park

GOVERNING BODY Mayor and Council

ENGINEER Schwanewede Hals & Vince

111 Littleton Road, Suite 200

Parsippany, NJ 07054

BIDDER Any individual, firm or corporation submitting a proposal for the work as advertised.

ADVERTISEMENT The notice to Bidders printed in the official newspaper of the Municipality setting the date for receiving bids.

PLANS All drawings, tracings and reproductions relating to the construction specified herein.

SPECIFICATIONS All provisions, requirements and directions contained herein, together with all written agreements, orders for additional and extra work, made or to be made, pertaining or relating to the method and manner of construction, or quantity and quality of materials to be furnished.

CONTRACT The agreement covering the performance of the work and the furnishing of all materials required. The contract includes the Advertisement, Proposal, Plan, Specifications, Bond, and any other agreements or orders which may be required to complete the construction in a substantial and proper manner.

BOND The approved form of security furnished by the Contractor and his Surety, as a guaranty of good faith on the part of the Contractor to execute and perform the work in accordance with the terms of the plans, specifications and the contract.

PROPOSAL The prepared form on which Bidder submits the bid or proposal for the work advertised.

1978 Senate No. 721, P.L. 1979, Chapter 152-(N.J.S. 40A:11 - 16.1)

This provision of law affects contracts for the construction, reconstruction, alteration of repair of any building, structure, facility or other improvements to real property, which require the withholding of payment of percentage of the amount of the contract.

The Contractor may agree to the withholding of payments in the manner prescribed in the contract, or he may deposit with the contracting unit negotiable bearer bonds or notes of any political subdivision of the

State.

This provision of law affects only those contracts where the total price exceeds $100,000.00.

NEW JERSEY PREVAILING WAGE

Bidders are notified that they must pay workmen the prevailing wage rate as determined by the New Jersey

Department of Labor and Industry, for this project.

This will be made a part of the contract pursuant to the "New Jersey Prevailing Wage Act, Chapter 150 of the Laws of 1963" (extension effective July 1974).

The Contractor shall be required to pay all workmen engaged in the performance of the contract, the prevailing rate of wages as ascertained from the Commissioner of Labor and Industry in the locality in which the public work is to be performed for each craft or trade or classification of all workmen needed to perform the contract during the anticipated term thereof. The Contractor shall keep an accurate record showing the name, craft or trade and actual hourly rate of wages paid to each workman employed by him in connection with any public work, which records shall be preserved for two years from date of payment; and the Contractor shall post the prevailing wage rates for each craft and classification involved, including the effective date of any changes thereof in prominent and easily accessible places at the site of the work and at such place or places as used by them to pay workmen their wages. The Contractor shall file written pay statements as required by law, certifying to the amounts then due and owing to any and all workmen for wages due on account of the public work. The statements shall set forth the names of the persons whose wages are unpaid and the amount due to each and shall be verified by the oath of the Contractor.

In the event it is found that any workman employed by the Contractor for the performance of the work herein, is paid less than the required wage rates, the Municipality may terminate the Contractor'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 thereupon the Contractor and his sureties shall be liable to the Municipality or any excess costs occasioned thereby.

MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE

N.J.S.A. 10:5-31 et seq., N.J.A.C. 17:27

GOODS, PROFESSIONAL SERVICES AND GENERAL SERVICE CONTRACTS

During the performance of this contract, the contractor agrees as follows:

The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such action shall include, but not limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the

Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause.

The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for em-ployment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex.

The contractor or subcontractor, where applicable, will send to each labor union or representative or workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

The contractor or subcontractor where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq. as amended and supplemented from time to time and the

Americans with Disabilities Act.

The contractor or subcontractor agrees to make good faith efforts to employ minority and women workers consistent with the applicable county employment goals established in accordance with N.J.A.C. 17:27-5.2, or a binding determination of the applicable county employment goals determined by the Division, pursuant to N.J.A.C.

17:27-5.2.

The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.

The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personal testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions.

In conforming with the applicable employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.

The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents:

Letter of Federal Affirmative Action Plan Approval

Certificate of Employee Information Report Employee

Information Report Form AA302

The contractor and its subcontractor shall furnish such reports or other documents to the Division of Contract

Compliance & EEO as may be requested by the Division from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of

Contract Compliance & EEO for conducting a compliance investigation pursuant to Subchapter 10 of the

Administrative Code at N.J.A.C.17:27.

MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE

N.J.S.A 10:5-31 et seq., N.J.A.C. 17:27

CONSTRUCTION CONTRACTS

During the performance of this contract, the contractor agrees as follows:

The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sex ual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause.

The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex.

The contractor or subcontractor, where applicable, will send to each labor union or representative of work ers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be pro vided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

The contractor or subcontractor where applicable, agrees to comply with any regulations promulgated by the

Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with

Disabilities Act .

When hiring or scheduling workers in each construction trade, the contractor or subcontractor agrees to make good faith efforts to employ minority and women workers in each construction trade consistent with the applicable employment goal prescribed by N.J.A.C. 17:27-7.3; provided, however, that the Division may, in its discretion, exempt a contractor or subcontractor from compliance with the good faith procedures prescribed by the following provisions, A, B and C, as long as the Division is satisfied that the contractor or subcontractor is employing workers provided by a union which provides evidence, in accordance with standards prescribed by the Division , that its percentage of active "card carrying" members who are minority and women workers is equal to or greater than the applicable employment goal established in accordance with

N.J.A.C. 17:27-7.3.

The contractor or subcontractor agrees that a good faith effort shall include compliance with the following procedures:

(A). If the contractor or subcontractor has a referral agreement or arrangement with a union for a construction trade, the contractor or subcontractor shall, within three business days of the contract award, seek assurances from the union that it will cooperate with the contractor or subcontractor as it fulfills its affirmative action obligations under this contract and in accordance with the rules promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et. seq., as supplemented and amended from time to time and the Americans with Disabilities Act. If the contractor or subcontractor is unable to obtain said assurances from the construction trade union at least five business days prior to the commencement of construction work, the contractor or subcontractor agrees to attempt to hire or schedule minority and women workers directly, consistent with the applicable employment goal. If the contractor's or subcontractor's prior experience with a construction trade union, regardless of whether the union has provided said assurances, indicates a significant possibility that the trade union will not refer sufficient minority and women workers consistent with the applicable employment goal, the contractor or subcontractor agrees to be prepared to hire or schedule minority and women workers directly, consistent with the applicable employment goal, by complying with the hiring or scheduling procedures prescribed under (B) below; and the contractor or subcontractor further agrees to take said action immediately if it determines or is so notified by the

Division that the union is not referring minority and women workers consistent with the applicable employment goal.

(B). If the hiring or scheduling of a workforce consistent with the employment goal has not or cannot be achieved for each construction trade by adhering to the procedures of (A) above, or if the contractor does not have a referral agreement or arrangement with a union for a construction trade, the contractor or subcontractor agrees to take the following actions consistent with the applicable county employment goals:

(1). To notify the public agency compliance officer, the Division, and minority and women referral organiza tions listed by the Division pursuant to N.J.A.C. 17:27-5.3, of its workforce needs, and request referral of minority and women workers;

(2). To notify any minority and women workers who have been listed with it as awaiting available vacancies;

(3). Prior to commencement of work, to request that the local construction trade union refer minority and women workers to fill job openings, provided the contractor or subcontractor has a referral agreement or arrangement with a union for the construction trade;

(4). To leave standing requests for additional referral to minority and women workers with the local construction trade union, provided the contractor or subcontractor has a referral agreement or arrangement with a union for the construction trade, the State Training and Employment Service and other approved referral sources in the area until such time as the workforce is consistent with the employment goal;

(5). If it is necessary to lay off some of the workers in a given trade on the construction site, to assure, consis tent with the applicable State and Federal statutes and court decisions, that sufficient minority and women employees remain on the site consistent with the employment goal; and to employ any minority and women workers so laid off by the contractor on any other construction site on which its workforce composition is not consistent with an employment goal established pursuant to rules implementing N.J.S.A. 10:5-31 et. seq.;

(6). To adhere to the following procedure when minority and women workers apply or are referred to the contractor or subcontractor:

(i) If said individuals have never previously received any document or certification signifying a level of qualification lower than that required in order to perform the work of the construction trade, the contractor or subcontractor shall determine the qualifications of such individuals and if the contractor's or subcontractor's workforce in each construction trade is not consistent with the applicable employment goal, it shall hire or schedule those individuals who satisfy appropriate qualification standards. However, a contractor or subcontractor shall determine that the individual at least possesses the requisite skills, and experience recognized by a union, apprentice program or a referral agency, provided the referral agency is acceptable to the Division. If necessary, the contractor or subcontractor shall hire or schedule minority and women workers who qualify as trainees pursuant to these rules. All of the requirements, however, are limited by the provisions of (C) below.

(ii). If the contractor's or subcontractor's workforce is consistent with the applicable employment goal, the name of any interested women or minority individual shall be maintained on a waiting list for the first consid eration, in the event the contractor's or subcontractor's workforce is no longer consistent with the applicable employment goal.

(iii). If, for any reason, said contractor or subcontractor determines that a minority individual or a woman is not qualified or if the individual qualifies as an advanced trainee or apprentice, the contractor or subcontractor shall inform t he individual in writing of the reasons for the determination, maintain a copy of the determina tion in its files, and send a copy to the public agency compliance officer and to the Division.

(7). To keep a complete and accurate record of all requests made for the referral of workers in any trade covered by the contract, on forms made available by the Division and submitted promptly to the Division upon request.

(C). The contractor or subcontractor agrees that nothing contained in (B) above shall preclude the contractor or subcontractor from complying with the union hiring hall or apprenticeship policies in any applicable collective bargaining agreement or union hiring hall arrangement, and, where required by custom or agreement, it shall send journeymen and trainees to the union for referral, or to the apprenticeship program for admission, pursuant to such agreement or arrangement.

However, where the practices of a union or apprenticeship program will result in the exclusion of minorities and women or the failure to refer minorities and women consistent with the county employment goal, the contractor or subcontractor shall consider for employment persons referred pursuant to (B) above without regard to such agreement or arrangement; provided further, however, that the contractor or subcontractor shall not be required to employ women and minority advanced trainees and trainees in numbers which result in the employment of advanced trainees and trainees as a percentage of the total workforce for the construction trade, which percentage significantly exceeds the apprentice to journey worker ratio specified in the applicable collective bargaining agreement, or in the absence of a collective bargaining agreement, exceeds the ratio established by practice in the area for said construction trade. Also, the contractor or subcontractor agrees that, in implementing the procedures of (B) above it shall, where applicable, employ minority and women workers residing within the geographical jurisdiction of the union.

After notification of award, but prior to signing a construction contract, the contractor shall submit to the pub lic agency compliance officer and the Division an initial project workforce report (Form AA 201) provided to the public agency by the Division for distribution to and completion by the contractor, in accordance with N.J.A.C. 17:27-

7. The contractor also agrees to submit a copy of the Monthly Project Workforce Report once a month thereafter for the duration of this contract to the Division and to the public agency compliance officer.

The contractor agrees to cooperate with the public agency in the payment of budgeted funds, as is necessary, for on-the-job and/or off-the-job programs for outreach and training of minorities and women .

(D). The contractor and its subcontractors shall furnish such reports or other documents to the Division of Contract

Compliance & EEO as may be requested by the Division from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of Contract Compliance

& EEO for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C.

17:27.

Alternative Dispute Resolution (ADR) in Public Contracts

(N.J.S. 40A:11 - 16.1)

As required by the provisions of Chapter 371, Laws of 1977 which became effective January 18, 1998, any controversy or claim arising out of or relating to this contract or the breach thereof, must first be submitted to non-binding arbitration, in an attempt to resolve the dispute prior to accessing the judicial system for settlement. The costs for any non-binding arbitration will be divided equally between the

Contractor and the Municipality.

34:9-2 - RESIDENT CITIZENS TO BE PREFERRED

IN EMPLOYMENT ON PUBLIC WORKS

In the construction of any public work for the State, or any County, City, Town, Township, Borough or

Village, or other municipal corporation or any Board, Commission or Officer thereof, whether the same be a building, excavation, sewer, or drainage construction, road building, paving, bridge or any other form or kind of public work, preference in employment thereon shall be given to citizens of the State of

New Jersey who have resided and maintained domiciles within the State for a period of not less than one year immediately prior to such employment. Persons other than citizens of the State may be employed when such citizens are not available.

Every contract for the construction of public works shall provide that if this section is not complied with the contract shall be voidable at the instance of the State, County or Municipality.

All Boards, Officers, Agents or employees having the power to enter into contracts which provide for the expenditure of public money on public works, shall file in the office of the Commissioner of Labor the names and addresses of all Contractors holding contracts with the State or any County, or Municipal

Corporation, or with and Board, Committee, Commission of Officer thereof. Upon the demand of the

Commissioner, a Contractor shall furnish a list of the names and addresses of all his or its

Subcontractors.

Each Contractor performing work for the State, or for any County, or Municipal Corporation, or for any

Board, Committee, Commission, or officer thereof shall keep a list of his or its employees, stating whether they are native born citizens or naturalized citizens, and in case of naturalization, the date thereof and the name of the court in which granted.

Any person, firm or corporation violating the provisions of this section shall be deemed and judged a disorderly person, and upon conviction shall be punishable by a fine of not less than fifty dollars nor more than five hundred dollars, or by imprisonment of not less than thirty days nor more than ninety days, or by both such fine and imprisonment.

THE PUBLIC WORKS CONTRACTOR REGISTRATION ACT:

All contractors must supply a copy of their N.J. Contractor’s Registration Certificate with the bid, which is subject to the provision of the N.J. Prevailing Wage Act, Chapter 150, Laws of 1963 (NJSA

34:11-56.25, et.seq.). Copies of subcontractor’s Registration Certificate can be submitted to the

Borough Clerk after bid and prior to award.

BUSINESS REGISTRATION CERTIFICATE

“For bid to be considered, proof of Business Registration, as evidenced by a copy of a Business

Registration Certificate issued by the N.J. Department of Treasury, Division of Revenue must be provided at time of Bid submission, in accordance with P.L. 2004, c.57”.

INSTRUCTIONS TO BIDDERS

BIDDER REQUIREMENTS

Bidders are instructed to visit the site of the proposed work to completely familiarize themselves with the project and with all physical features adjacent to the site. Bidders are further instructed to familiarize themselves with the plans and specifications for this project and all their requirements.

FAMILIARITY WITH PROPOSED WORK

Bidders shall carefully examine the form of proposal, all plans, specifications and the estimate of quantities, and satisfy themselves concerning all conditions pertaining or relating to them. Bidders shall submit these entire specifications, including Consent of Surety, proposal, and all else necessary at the place of the opening of bids. Failure to do so will render the bid informal and it will be rejected. An extra proposal form marked "Bidders Worksheet" has been included to be used by the Bidder as his worksheet and to be retained by him/her.

MATERIALS

In accordance with Chapter 15, Title 40, and Chapters 32, 33, Title 52 Revised Statutes, the Contractor as a condition of the contract, shall and hereby does agree that in the carrying out and completion of contract, only domestic materials and products manufactured in the United States will be used whenever available, unless exceptions to this rule are made by the Borough Authorities.

ESTIMATE OF QUANTITIES - OPEN END CONTRACT

This contract shall be considered an “Open End Contract” as defined in NJAC 5:34-4.1. The estimated quantity on the bid sheet shall be the basis of calculating the bid amount for contract award purposes. It is understood that the actual quantity for each item could vary from the minimum to maximum quantities tabulated.

ESTIMATE OF QUANTITIES – UNIT PRICE CONTRACT

The Estimate of Quantities listed in the Schedule of Prices specifies the different items of work upon which the Award of the Contract is to be made. The quantity of work is approximately that specified for each unit of construction. The Engineer reserves the right, with the consent of the Governing Body, to increase or diminish any or all quantities, or to omit any if it should be deemed necessary to do so.

ESTIMATE OF QUANTITIES - LUMP SUM CONTRACT

Any quantities indicated for a Lump Sum Bid are only a guide. Bidders shall determine the actual quantities for estimation. The Lump Sum Bid will be the basis upon which the award of the contract is to be made.

The Bidder shall determine or estimate the quantities of the items of work involved to his own complete satisfaction. It shall be definitely understood by the Bidder that no adjustment of the contract price will be made on the premise that unforeseen conditions, which would have affected his bid price or his estimate of quantities, were not apparent or predictable prior to bidding.

PROPOSAL

The Bidder shall submit his proposal on the form attached to these specifications. He will state the prices, written in ink or typewritten in numerals, for each item of work. The Bidder shall sign his proposal correctly. If an individual makes the proposal, his name and post office address shall be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership shall be shown. If made by a corporation, the person signing the proposal shall show the name of the State under the laws of which the corporation was charted, show the names, titles and business addresses of the President, Secretary and Treasurer.

Bidders shall submit their proposal in sealed envelopes. On the outside of the envelope shall be stated the name and address of the Bidder and the name for the work as shown in the place stated in the advertisement. They will be publicly opened and read aloud, on the date and at the time set and stated in the advertisement.

Bidders will not be permitted to withdraw any proposal after it has been received, except with the consent of the Governing Body. Under no condition will the Bidder be allowed to withdraw his bid after the opening of the first bid and for sixty days thereafter.

Bidders are cautioned not to attach any conditions, limitations or provisions to their proposal. Any such limitations, conditions or provisions will render the bid informal and it will be rejected. Bids will not be received or considered on alternate methods of construction or for the use of materials other than those specified.

Bidders will note that two (2) copies of the proposal form are furnished with each set of plans and specifications. One shall be used for submission of the bid and the other shall be retained by the Bidder as his worksheet.

PROPOSAL GUARANTY

Bidders shall enclose with their bids a certified check, cashier's check or approved bid bond, for an amount equal to ten (10) percent of the total amount of their bid, made payable to the order of the

Municipality.

RETURN OF PROPOSAL GUARANTY

The proposal guaranty shall be returned to all Bidders, except the two (2) lowest responsible Bidders within three (3) days after the opening of bids. The proposal guaranty of the two (2) lowest responsible

Bidders shall be returned within forty-eight (48) hours after the execution of the contract.

CONSENT OF SURETY

Each proposal must be accompanied by a Consent of Surety ** from an approved surety company, licensed to conduct business in the State of New Jersey, agreeing to furnish the required completion bond upon the award of contract.

REJECTION OF PROPOSALS

The Governing Body reserves the right to reject any or all bids and to waive any informality as may appear to the best interest of the Municipality.

ADDENDA

If any addenda to these specifications shall be issued, copies will be forwarded by registered mail, return receipt requested, to all prospective Bidders prior to the date set for the opening of bids. Failure of a Bidder to receive any addenda shall relieve the Bidder from any obligation under his bid as submitted. All addenda so issued shall become a part of the contract documents.

**Approved surety companies are those assigned a B+ or better rating by A.M. Best Company.

AWARD OF CONTRACT - LUMP SUM CONTRACT

The Governing Body will award all contracts within sixty (60) days from the date of the opening of proposals. The contract for the work as outlined in these documents and specifications will be awarded, subject to all other governing factors, to the responsible Bidder submitting the lowest lump sum price bid for the work. The Lump Sum Price will be the total amount of payment to be made for the satisfactory completion of all work called for on the plans, in the specifications and under the respective contract, except as provided under "Changes in the Work.”

AWARD OF CONTRACT - OPEN END CONTRACT

proposals. The contract will be awarded, subject to all other governing factors, to the responsible

Bidder submitting a bid in which the aggregate of the unit prices submitted based on the estimated quantities, is the lowest. In the event that there is a discrepancy in the extension or totals, the unit price will govern. Proposals in which the unit prices bid are obviously unbalanced may be rejected.

AWARD OF CONTRACT – UNIT PRICE CONTRACT

proposals. The contract will be awarded, subject to all other governing factors, to the responsible

Bidder submitting a bid in which the aggregate of the unit prices submitted based on the estimated quantities, is the lowest. In the event that there is a discrepancy in the extension or totals, the unit price will govern. Proposals in which the unit prices bid are obviously unbalanced may be rejected.

EXECUTION OF CONTRACT AND COMMENCEMENT OF WORK

The individual, firm or corporation to whom or to which the contract is awarded shall sign the contract and furnish the necessary bond and file it in the office of the Clerk of the Municipality or the Governing

Body within ten (10) days after said award. No proposal will be binding upon the Governing Body until the execution of the contract and the filing of the Bond and its acceptance by the Governing Body.

The necessary bond shall be a Surety Bond, acceptable to the Governing Body in a sum to equal one hundred (100) percent of the amount of the contract.

Failure on the part of the successful Bidder to sign the contract and furnish a Surety Bond as required within ten (10) days of the award, will be just cause for the annulment of the award. In such cases, it is understood by the Bidder that the guaranty deposited with the proposal will be forfeited to the

Governing Body, as liquidated damages, and not as a penalty. The Contractor shall be held responsible for carrying out and completing all of the provisions of the contract and specifications. He/She shall not sublet, transfer, or assign the contract or any portion thereof to any other party without the written consent of the Governing Body.

EQUIPMENT AND WORKMEN

Bidders shall familiarize themselves thoroughly with the requirement herein regarding equipment required for the proper execution of the work and the character of workmen to be employed.

LAWS, ORDINANCES, PERMITS

The Contractor shall secure all permits, insurance or licenses needed under the State Laws or Municipal

Ordinances affecting this work at his own expense. Ignorance regarding such requirements shall in no way serve to modify the provisions of this contract. He shall make all requests of public utilities for the removal or changing of any of their overhead or underground lines, and will be responsible for the execution of all such changes.

ARBITRATION

I-34.01 – Alternate Dispute Resolution (ADR) in Public Contracts (NJS 40A:11-16.1). As required by the provisions of Chapter 371, Laws of 1977 which began effective January 18, 1998, any controversy or claim arising out of or relating to this contract or the breach thereof, must first be submitted to non-binding arbitration, in an attempt to resolve the dispute prior to accessing the judicial system for settlement. The costs for any non-binding arbitration will be divided equally between the Contractor and the Borough.

GENERAL SPECIFICATIONS

BID PRICES

The bid price for each item of work as outlined herein, whether it be unit price or lump sum, shall include all labor, material, equipment, and all else necessary to properly execute the work. No additional compensation will be allowed for any related work required to properly execute the stated work except as contained herein.

WORK TO BE PERFORMED – UNIT PRICE CONTRACT

The work to be performed consists of furnishing all materials, equipment, transportation, labor, and all else necessary for the proper construction in the manner herein specified for the different items of work designated in the proposal. The quantity of work is approximately that specified for each unit of construction. These quantities are estimates only and may be increased or decreased in the manner provided. The depths of underground utilities, manholes and catch basin are subject to change due to field conflicts of existing underground utilities. The Borough Engineer must approve all changes/modifications before any work is performed in the field. The unit price supplied in the proposal governs for all depths zero (0) feet through ten (10) feet. The work will be completed in every respect, free from obstructions and ready for immediate use. The repair and replacing of work and materials for one (1) year after the date of its acceptance by the Governing body is a part of the contract.

WORK TO BE PERFORMED - OPEN END CONTRACT

The work to be performed consists of furnishing all materials, equipment, transportation, labor, and all else necessary for the proper construction in the manner herein specified for the different items of work designated in the proposal. The quantity of work is approximately that specified for each unit of construction. These quantities are estimates only and may be increased or decreased in the manner provided. The depths of underground utilities, manholes and catch basin are subject to change due to field conflicts with existing underground utilities. The Borough Engineer must approve all changes/modifications before any work is performed in the field. The unit price supplied in the proposal governs for all depths zero (0) feet through ten (10) feet. The work will be completed in every respect, free from obstructions and ready for immediate use. The repair and replacing of work and materials for one (1) year after the date of its acceptance by the Governing body is a part of the contract.

WORK TO BE PERFORMED - LUMP SUM CONTRACT

The work to be performed consists of furnishing all materials, equipment, transportation and labor, and all else necessary for the proper construction in the manner herein specified for the work as shown on the plans and specifications. The work will be completed in every respect, free from obstructions and ready for immediate use. The repair and replacing of work and materials for one (1) year after the date of its acceptance by the Governing Body is a part of the contract.

CHANGES IN WORK – UNIT PRICE CONTRACT

If the Engineer or Governing Body desires changes in either the quantity or the quality of work to be performed or materials to be furnished, they will have the right to have them made and the Contractor does hereby agree to make such changes. These changes may reduce, increase, or eliminate the quantity specified or the changes may call for work or material not contemplated in the original schedule. When additional work is to be performed of a kind not embraced in the Proposal, or being so embraced, is done at a lesser or greater price than originally agreed upon, the Contractor shall receive a written order signed by the Engineer and approved by a representative of the Governing Body. This order shall state the additional work to be done, the amount to be paid therefore, and the number of additional days, if any, that will be added to the time specified for the completion of the entire contract.

The price stated in the written order representing the sum to be added or deducted from the contract amount will be determined at the discretion of the engineer in one or more of the following ways:

(a) By estimate & acceptance of a lump sum price

(b) By unit prices to be agreed upon

(c) By net cost plus fifteen percent (15%) or by net cost plus a fixed sum

The determination of the Engineer of any question or dispute that might arise as to the correct net cost of labor or materials furnished under a written order will be final and conclusive.

CHANGES IN WORK - OPEN END CONTRACT

If the Engineer or Governing Body desires changes in either the quantity or the quality of work to be performed or materials to be furnished, they will have the right to have them made and the Contractor does hereby agree to make such changes. These changes may reduce, increase, or eliminate the quantity specified or the changes may call for work or material not contemplated in the original schedule. When additional work is to be performed of a kind not embraced in the proposal, or being so embraced, is done at a lesser or greater price than originally agreed upon, the Contractor shall receive a written order signed by the Engineer and approved by a representative of the Governing Body. This order shall state the additional work to be done, the amount to be paid therefore, and the number of additional days, if any, that will be added to the time specified for the completion of the entire contract.

The price stated in the written order representing the sum to be added or deducted from the contract amount will be determined at the discretion of the Engineer in one or more of the following ways:

(a) By estimate & acceptance of a lump sum price

(b) By unit prices to be agreed upon

(c) By net cost plus fifteen percent (15%) or by net cost plus a fixed sum

The determination of the Engineer of any question or dispute that might arise as to the correct net cost of labor or materials furnished under a written order will be final and conclusive.

CHANGES IN WORK - LUMP SUM CONTRACT

If the Engineer or Governing Body desires any changes to the work shown on the plans or outlined by the specifications under a Lump Sum Contract, these changes will be authorized and performed as outlined in the previous section for work not embraced in the proposal.

DUTIES OF THE CONTRACTOR

When working within a road or right-of-way, the Contractor shall maintain a safe passable right-of-way at all times. When instructed by the Engineer, he shall do whatever is necessary to eliminate excessive dusty, muddy or dangerous conditions, and do so at his own expense. At his own expense, the

Contractor shall erect and maintain at closures, intersections and other points where dangerous conditions exist, all necessary barricades, danger signals and warning signs, provide a sufficient number of watchmen and take the precautions necessary for the proper protection of the work and the safety of the public.

Where detours are necessary and required, the Contractor shall provide and maintain acceptable warning and detour signs at all closures, intersections and along the detour routes, directing the traffic around the closed portions of the highway, so that the temporary detour route or routes shall be indicated clearly throughout the entire length. All barricades and obstructions shall be illuminated at night with red lights which shall be kept burning from sunset until dawn.

The Contractor shall not enter upon or make use of any private property along the line of the work without first obtaining written permission of the owner. He shall be held responsible for damages or injury done by those in his employ, to any private or public property of any character during the execution of the work.

While replacing the curb, sidewalk, driveway aprons and other work in front of private driveways, the

Contractor shall perform the work in such a manner to minimize the duration the driveway is not accessible by car. When instructed by the Engineer, the Contractor shall perform any work necessary to complete the work at the driveway locations.

The Contractor shall preserve all stakes and benchmarks established on the site, until authorized by the

Engineer to remove them. All stakes or benchmarks disturbed or removed without the permission of the Engineer shall be replaced at the expense of the Contractor.

The Contractor, at all times, will observe and comply with all Federal and State laws, local by-laws, ordinances, regulations, etc. that in any manner affect the conduct of the work and the materials to be used. He shall indemnify and save harmless the Municipality and all its officers, agents, and servants against any claim or liability arising from or based on the violation by himself or his employee, of any such laws, by-laws or ordinances, regulations, orders or decrees.

The Contractor will allow, while the work is underway, to any and all companies owning railway tracks, pipes, subway ducts or any other surface or subsurface construction on the line of the work, an opportunity for the preservation of the same from injury; all without charge, or expense to the

Municipality. If during the normal construction, any existing utility line, sewer, drain, house or service connection, etc. is damaged or requires relocation, the Contractor shall make or arrange to have made the necessary repairs or relocation at his own expense.

The building of structures for housing men, tools, machinery or supplies, will be permitted at places approved by the Engineer, provided compliance is made with the requirements of the local health bodies or tribunals having jurisdiction.

No work shall be done between the hours of 6:00 P.M. and 7:00 A.M. Monday - Friday, nor on

Saturdays, Sundays or Borough holidays except as is necessary for the proper care and protection of the work already performed or in case of an emergency. Work will only be performed during these times with permission from the Engineer.

EQUIPMENT

The Contractor shall use only first class equipment. All equipment that has been previously used shall be in first class working condition before its use will be permitted. Sufficient equipment shall be used to permit the work to be completed within the specified time. The equipment shall be such that no injury to adjacent property, or highways, will result from its use. The equipment used for any item, unit, or method of construction herein defined, shall comply with the requirements specified therefore.

When any special type of equipment or quality of equipment is designated, the Contractor shall use only this type of equipment and in the quantity required.

All equipment will at all times be subject to inspection and condemnation by the Engineer, and when so condemned, will not be used further on the work site.

WORKMEN

The Contractor shall attend to every part of the work, either personally or through a competent superintendent or work manager, who shall be kept on the work site and be authorized to receive instructions in the absence of the Contractor.

The Contractor shall employ only competent personnel. They shall be experienced and skilled in the particular type of work they are expected to perform. Work shall be performed in a neat and proper manner and in strict compliance with the requirements of the specifications or the instructions of the

Engineer and Inspector. Whenever the Engineer notifies the Contractor or his representative in charge in writing, that any person is not properly qualified, is not endeavoring to perform the work in a satisfactory manner, is working contrary to the provisions of the specifications or the instruction of the

Engineer or Inspector, or is disorderly, that person shall thereupon be discharged and not again employed by the Contractor upon this contract without permission in writing from the Engineer.

Payment will not be made for any work constructed by workmen after their dismissal has been requested by the Engineer in this manner.

DEFECTIVE WORKMANSHIP OR MATERIALS

Within a period of one (1) year after the completion and acceptance by the Governing Body, the

Contractor shall repair or replace, at the time and in the manner required by the Governing Body, all work performed or materials furnished that were not performed or…