Monticello Final Specs-Combined-1.pdf

SPECIFICATIONS FOR THE

LABOR AND MATERIALS REQUIRED FOR

DO NOT REMOVE BID PROPOSAL FROM BOUND SPECIFICATIONS. SUBMIT ENTIRE

DOCUMENT WITH AN ADDITIONAL COPY OF THE ENTIRE BID PROPOSAL AND ALL

SUPPORTING DOCUMENTS SLIPPED INTO BACK COVER.

PROJECT: MONTICELLO COURT IMPROVEMENTS

LOCATION: 254 MONTICELLO AVE, JERSEY CITY, NJ 07306

OWNER: CITY OF JERSEY CITY

280 GROVE STREET

JERSEY CITY, NJ 07302

HONORABLE STEVEN M. FULOP, MAYOR

JOHN J. METRO, BUSINESS ADMINISTRATOR

RAQUEL Y. TOSADO, PURCHASING AGENT, RPPO, QPA

PROJECT DIVISION OF ARCHITECTURE

ARCHITECTS: 13 - 15 LINDEN AVENUE EAST

JERSEY CITY, NEW JERSEY 07305

(201) 547-5900

CONSULTANT: CP ENGINEERS

11 PARK LAKE ROAD

SPARTA, NEW JERSEY 07871

DATE: JULY 2025

PROJECT

NUMBER: 2021-032

SPECIFICATIONS FOR

JERSEY CITY, NEW JERSEY

PROJECT NO. 21-032

INDEX

TITLE PAGE

Notice to Bidders

Information to Bidders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 - 20

General Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 - 57

Supplementary General Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 - 60

Technical Specifications . . . . . . . . . . . . . . . . . . . . . . . . . Sections 011000 through Section 329300

Proposal .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . P1 - P18

Affirmative Action Requirements (Attachments) i

TABLE OF CONTENTS

INFORMATION TO BIDDERS

ARTICLE TITLE PAGE(S)

1 Intent of Contract Documents 2

2 Familiarity With Work 2

3 Plans and Specifications 2

4 Interpretations or Addenda 2-3

5 Differing Site Conditions 3-4

6 Submitting Proposal 4

7 Bid Documents 4-5

8 Bid Guarantee 5

9 Consent of Surety 5

10 Withdrawal of Proposal 6

11 Causes For Rejection 6

12 Return of Bid Guarantees 7

13 Award of Contract 7-8

14 Time For Executing Contract & 8 Liquidated Damages For Failure To Enter Into Contract

15 Performance Bond 8

16 Certificate of Insurance 9

17 Estimated Quantities and Unit Prices 9-10 ii

GENERAL CONDITIONS

ARTICLE TITLE PAGE(S)

GC-1 Public Safety and Convenience 21

GC-2 Failure To Maintain Trenches, 21 Clean Up And Maintain Streets In Safe, Passable Conditions

GC-3 Accident Prevention 22

GC-4 Property Damage 22

GC-5 Public Utilities & Underground Facilities 22-23

GC-6 Maintenance And Protection Of Traffic 23-24

GC-7 Other Contractors 25

GC-8 Existing Monuments 25

GC-9 Patents 25

GC-10 Contracts and Contract Documents 25-26

GC-11 Contractor's Organization And Equipment 26-27

GC-12 Superintendent and Workmen 27

GC-13 Equipment 27-28

GC-14 Working Site 28

GC-15 Sanitary Provision 28

GC-16 Materials And Workmanship 28-29

GC-17 Testing And Inspection Of Materials 29

GC-18 Samples, Certifications & Tests 29-30

GC-19 Contractor's Title To Materials 30

GC-20 Assignment Or Novation 30

GC-21 Storing Of Materials 30-31 iv

MONTICELLO COURT IMPROVEMENTS JULY / 2025

vii

TABLE OF CONTENTS

TECHNICAL

SECTION TITLE

SUPPLEMENTARY CONDITIONS

011000 SUMMARY

013233 PHOTOGRAPHIC DOCUMENTATION

015000 TEMPORARY FACILITIES AND CONTROLS

017300 EXECUTION

017700 CLOSEOUT PROCEDURES

017839 PROJECT RECORD DOCUMENTS

024119 SELECTIVE DEMOLITION

024500 SOIL EROSION AND SEDIMENT CONTROL

033000 CAST-IN-PLACE CONCRETE

099600 HIGH-PERFORMANCE COATINGS

260500 COMMON WORK FOR ELECTRICAL

260519 LOW VOLTAGE POWER CONDUCTORS AND CABLES

260526 GROUNDING

260529 HANGERS AND SUPPORTS

260533 CONDUIT

260534 JUNCTION / PULL BOXES AND WIREWAYS

260543 UNDERGROUND ELECTRICAL WORK

260553 IDENTIFICATION

262416 PANELBOARDS / LOADCENTERS

262726 WIRING DEVICES AND BOXES

265000 LIGHTING

269000 APPENDIX – PSE&G STANDARDS FOR NEW ELECTRIC SERVICE

311000 SITE CLEARING

312000 EARTH MOVING

321216 ASPHALT PAVING

321218 COURT ACRYLIC COLOR SURFACING

321816.13 PROTECTIVE SURFACING

323113 CHAIN LINK FENCES AND GATES

323119 DECORATIVE METAL FENCES AND GATES

323300 SITE FURNISHINGS

329300 PLANTS

MONTICELLO COURT IMPROVEMENTS JULY / 2025

2021-032

LIST OF DRAWINGS:

L-001 TITLE SHEET

L-101 DEMOLITION PLAN

L-102 LAYOUT PLAN

L-103 DIMENSION PLAN

L-104 GRADING PLAN

L-105 SOIL EROSION AND SEDIMENT CONTROL PLAN

L-201 DETAIL SHEET

L-202 DETAIL SHEET

L-203 DETAIL SHEET

E-101 ELECTRIC SERVICE PLAN

E-102 ELECTRICAL PLAN

ABBREVIATIONS

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

AASHTO American Association of State Highway and Transportation Officials or AASHO

ACI American Concrete Institute

AGA American Gas Association, Incorporated

AISC American Institute of Steel Construction, Incorporated

ANSI or ASA American National Standards Institute

ASCE American Society of Civil Engineers

ASME American Society of Mechanical Engineers

ASTM American Society of Testing and Materials

AWS American Welding Society

AWWA American Water Works Association

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

CIPRA Cast Iron Pipe Research Association

CISPI Cast Iron Soil Pipe Institute

CRSI Concrete Reinforcing Steel Institute

EIAJ Electronic Industries Association of Japan

FED. SPEC. Federal Specification

IEEE Institute of Electrical and Electronics Engineer (Successor to AIEE and

IRE)

NEMA National Electrical Manufacturer's Association

NJDOT New Jersey Department of Transportation

NJSS New Jersey State Highway Department, Standard or Specifications for Road & Bridges SS Construction, 1983, as currently amended. Also called

Standard Specifications

OSHA Occupational Safety and Health Administration

UL Underwriter's Laboratory

NOTICE TO BIDDERS

Sealed bid proposals will be received, opened and read in public by the Purchasing Agent at the

Division of Purchasing City Hall, 280 Grove Street, 1st Floor, Room 116, Jersey City, New Jersey

07302 at 11:00 a.m. on November 20, 2025

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

MONTICELLO COURT IMPROVEMENTS

PROJECT NO. 2021-032

254 MONTICELLO AVENUE, JERSEY CITY, NJ, 07306

Questions by prospective bidders concerning this bid must be done on-line at https://www.bidnetdirect.com/new-jersey/cityofjerseycity.

Contract Documents, Specifications, and Bid Forms may be downloaded by going on-line to https://www.bidnetdirect.com/new-jersey/cityofjerseycity. Bid Plans/Drawings (if any) may be obtained at the Office of the Director of Purchasing, 280 Grove Street, First Floor, Room 116, Jersey City, New Jersey 07302, (201)547-5155 or (201)547-5221.

Prospective bidders must download bid specifications and all addenda from https://www.bidnetdirect.com/new-jersey/cityofjerseycity. Failure to download bid specifications and acknowledge receipt of addenda shall result in bid rejection. Failure to download bid specifications and acknowledge receipt of addenda shall result in bid rejection.

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

17:27. Full requirements of the Equal Employment Opportunity and Affirmative Action Programs are incorporated herein by reference and may be obtained with Proposal Form. Bidders are also required to comply with the requirements of P.L. 2004, c.57 (N.J.S.A. 52:32‐44) which includes the requirement that contractors provide copies of their Business Registration Certificates issued by the New Jersey Department of the Treasury, as well as other provisions as listed in the Contract

Documents.

Proposals MUST BE ACCOMPANIED by a Bid Bond or Certified Check, made payable to the

City of Jersey City, in an amount equal to Ten (10%) percent of the Bid not to exceed $20,000.00.

Each Bidder shall submit with his proposal the required submittals listed in the Schedule of

Required Submittals.

https://www.bidnetdirect.com/new-jersey/cityofjerseycity

ONLINE BID RECEPTIONS/PURCHASING LOCKBOX

All bids and proposals must be delivered ONLY to the dedicated lockbox in the Division

Purchasing, 280 Grove Street, 1st Floor, Room 116, Jersey City, NJ 07302 prior to the bid reception.

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

https://www.jerseycitynj.gov/cityhall/finance/purchasing/publiccontracts/bid_openings

Bids may be sent by U.S. certified mail return receipt requested or may be sent by private courier service to the dedicated lock box located at the City Hall, Division of Purchasing, 280

Grove Street, First Floor, Room 116, Jersey City, New Jersey 07302. ATTENTION: Raquel

Tosado, Director of Purchasing, QPA.

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

Purchasing Agent. Bid proposals must comply with specifications. Any Bid Proposal received after the date and time specified will be returned, unopened, to the bidder.

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

Raquel Tosado, Director of Purchasing, QPA

Insert dates:

October 15, 22 and 29, 2025 https://www.jerseycitynj.gov/cityhall/finance/purchasing/publiccontracts/bid_openings

1. INTENT OF CONTRACT DOCUMENTS:

Under these specifications and the contract which will be based thereon, it is proposed that the bidder shall furnish all materials, equipment, tools, labor and supervision necessary to complete the work upon which he bids in strict accordance with the plans and specifications.

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

2. FAMILIARITY WITH WORK:

It is the obligation of the Bidder to ascertain for himself all the facts concerning conditions to be found at the location(s) of the Project including all physical characteristics above, and or below the surface of the ground; to fully examine the Plans, Proposal, Estimate of Quantities, to read the Specifications thoroughly and completely, to consider fully these and all other matters which can in any way affect the work under the Contract and to make the necessary investigations relating thereto, and he agrees to this obligation in the signing of the Contract. The City assumes no responsibility whatsoever with respect to ascertaining for the Contractor such facts concerning physical characteristics at the site(s) of the Project. The Contractor agrees that he will make no claim for additional payment or extension of time for completion of the work or any other concession because of any misinterpretation or misunderstanding of the Contract, on his part, or of any failure to fully acquaint himself with all conditions relating to the work.

3. PLANS AND SPECIFICATIONS:

The project shall be performed in strict accordance with the requirements of the Plans and Specifications, subject to addenda issued by the City in writing. The Plans and Specifications are intended to complement and supplement each other. Any work required by either of them and not by the other shall be performed as if denoted both ways. Should any work be required which is not denoted in the Specifications or on the Plans because of an obvious omission but which is nevertheless necessary for the proper performance of the Project, such work shall be performed as fully as if it were described and delineated.

4. INTERPRETATIONS OR ADDENDA:

Should a Bidder find discrepancies in the Plans, Specifications, or Contract Documents, or should he be in doubt as to their meaning, he should post his inquiry on Bidnetdirect.com Q&A Forum for the project. No oral interpretation will be made to any Bidder as to the meaning of the Contract Documents or any part thereof. Every request for such interpretation shall be posted on the Bidnetdirect.com Q&A Forum and to be given consideration, must be received at least seven (7) calendar days prior to the date fixed for the opening of bids, to allow the City to issue an addendum prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions or addition of items will be in the form of written addenda to the specifications which, if issued, will be posted on Bidnetdirect.com. All addenda must be downloaded and receipt acknowledged on page P-1 of the Bid Proposal. Failure to acknowledge receipt of all addenda will cause the bid to be considered Non-responsive, and bid will be rejected. Acknowledgement of receipt of each addendum must be clearly established and included with the bid pursuant to N.J.S.A.

40A:11-23.2(e). All addenda so issued shall become part of the Contract Documents and shall be read immediately prior to the opening of the bids by the Purchasing Agent or designee who shall give each bidder or his representative present an opportunity to withdraw his bid before any bids are opened. Any objection arising out of the addendum subsequent to the opening of bids will not be considered. Failure of any bidder to receive any such addendum or interpretation or to attend the reading of the bids shall not relieve such bidder from any obligation under his bid as submitted, including such addenda. The City will not be responsible for any other explanations or interpretations of the proposed documents.

5. DIFFERING SITE CONDITIONS:

(1) If the Contractor encounters differing site conditions during the progress of the work of the contract, the Contractor shall promptly notify the City 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 City otherwise learning of differing site conditions, the City shall promptly undertake an investigation to determine whether differing site conditions are present.

(3) If the City determines different site conditions that may result in additional costs or delays exist, the City shall provide prompt written notice to the Contractor containing directions on how to proceed.

(4) (a) The City 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 City’s investigation and directions decrease the Contractor’s costs or time of performance, the City shall be entitled to a fair and equitable downward adjustment of the contract price or time of performance.

(c) If the City determines that there are no differing site conditions present that would result in additional costs or delays, the City 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 City 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 ordinally encountered and generally recognized as inherent in the work of the character provided for in the contract.

6. SUBMITTING PROPOSAL:

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

When the Proposal is made by an individual his Post Office Address shall be stated and he shall sign the Proposal: when made by a firm or partnership its name and Post Office Address shall be stated, and the Proposal shall be signed by one or more of the partners: when made by a corporation, its name and principal Post Office Address shall be stated and the Proposal shall be signed by an authorized official of the Corporation, with Corporate Seal affixed. Signatures shall be notarized in all cases. Proposals shall be delivered in person to the City Purchasing Agent at the time and place stated in the Notice to Bidders, and they will be publicly opened and read aloud on the date, place, and at the time set and stated in the Notice to Bidders.

Bids may be submitted in person, or may be sent by U.S. certified mail return receipt requested, or may be sent by private courier service. Mail bids to: Raquel Tosado, Purchasing Agent, RPPS, City Hall, 280 Grove Street, 1st Floor - Room 116, Jersey City, New Jersey 07302. Bids sent by mail must be received by the Purchasing Agent no later than 4:00 P.M.

on the last City business day before the day of the bid reception. Bids sent by courier service must be delivered to the Purchasing Agent no later than 11:00 A.M. on the day of the bid reception. The City shall not be responsible for the loss, non-delivery or physical condition of bids sent by mail or courier service. Bids must be submitted individually in a sealed envelope addressed to the Purchasing Agent. Bid proposals must comply with specifications.

7. BID DOCUMENTS:

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

* 1. Proposal

* 2. Certificate of Experience of General Contractor

3. Certificate of Experience of Subcontractors listed on Page P-8, pursuant to N.J.S.A. 40A: 11-16

* 4. Plant and Equipment Questionnaire of General Contractor

5. Plant and Equipment Questionnaire of Subcontractors listed on Page P-8, pursuant to N.J.S.A. 40A: 11-16

6. Non-Collusion Affidavit

* 7. Statement of Ownership Disclosure

8. Disclosure of Investment Activities in Iran Form

* 9. Bid Guarantee

* 10. Consent of Surety

11. New Jersey Business Registration Certificates of General Contractor and all Subcontractors listed on Page P-8 pursuant to N.J.S.A. 40A:11-16

12. Certification of Non-Debarment for Federal Government Contracts Form

13. Equality Information on Substituted Items (if applicable)

* 14. Written acknowledgment of Addendum (if issued), pursuant to N.J.S.A. 40A:11- 23.2(e)

15. Public Works Contractor Registration Certificates for bidder and all subcontractors named in bid proposal are required pursuant to N.J.S.A. 34:11-56.48 et seq.

16. Exhibit B: Mandatory Equal Employment Opportunity Language

17. MWB-3; Minority/Women Business Compliance Plan Form

18. Supplier Diversity Bidder Questionnaire Form

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

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

(609) 292-9464, fax no: (609) 633-8591, e-mail: contreg@dol.state.nj.us, website:

www.nj.gov/labor/lsse/lspubcon.html.

8. BID GUARANTEE:

Each proposal shall be accompanied by a Certified Check, Cashier's Check or Bid Bond in the amount of not less than 10% of the total amount bid in the Proposal, but in no case need the Certified Check, Cashier's Check or Bid Bond or any combination thereof exceed $20,000.00. No cash will be accepted. This Certified Check, Cashier's Check or Bid Bond is offered as evidence of good faith and as a guarantee that, if awarded the contract, the Bidder shall execute the Contract and Performance Bond in the full amount of the Contract.

The bidder's bond is offered as a guarantee, made by a surety company qualified and authorized to do business in the State of New Jersey and must be signed by an officer or agent of the surety company authorized to execute bid bonds on behalf of the surety company. Included with the bid bond must be such documents which indicate that the offer or agent is authorized to execute the bid bond. If a certified check is offered as a guarantee, it shall be made payable to the City of Jersey City.

9. CONSENT OF SURETY:

All bidders shall submit with their bids a certificate from an approved surety company, authorized to do business in the State of New Jersey, stating that it will provide the Contractor with a performance bond on such sum as required. The successful bidder will be required to furnish a surety corporation bond in the amount of the contract conditioned for the faithful performance thereof.

mailto:contreg@dol.state.nj.us,

10. WITHDRAWAL OF PROPOSAL:

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

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

A bidder claiming a mistake under N.J.S.A. 40A:11-23.3 must submit a request for withdrawal, in writing, by certified or registered mail to: Raquel Tosado, Purchasing Agent, RPPS, City Hall, 280 Grove Street, 1st Floor - Room 116, Jersey City, New Jersey 07302. The bidder must request withdrawal of a bid due to a mistake, as defined by law, within five business days after the receipt and opening of the bids. Since the bid withdrawal request shall be effective as of the postmark of the certified or registered mailing, Raquel Tosado, Director, Division of Purchasing may contact all bidders, after bids are opened, to ascertain if any bidders wish to, or already have exercised a request to withdraw their bid pursuant to N.J.S.A. 40A:11-23.3.

A bidder’s request to withdraw the bid shall contain evidence, including any pertinent documents, demonstrating that a mistake was made. Such documents and relevant written information shall be reviewed and evaluated by the public owner’s designated staff pursuant to the statutory criteria of N.J.S.A. 40A:11-23.3.

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

11. CAUSES FOR REJECTION:

Proposals from bidders who are found to be unqualified and Proposals not accompanied by all required and properly completed bid documents may be rejected.

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

A. if prices are obviously unbalanced, B. if received from Bidders who have previously performed work in an unsatisfactory manner, C. if the Purchasing Agent, at his/her sole discretion, deems it advisable to do so in the best interest of the City of Jersey City, D. if conditions, limitations or provisions are attached by a Bidder to his Proposal, if Proposals are otherwise irregular or if the enclosed or accompanying documents are not completed and properly executed, E. if the bidder has not constructed at least three (3) comparable projects within the previous three (3) years, F. if the bidder does not own sufficient or satisfactory equipment to perform the work.

12. RETURN OF BID GUARANTEES:

The Bid Guarantees of all except the apparent three (3) lowest responsible bidders on the project will be returned within ten (10) working days after the opening of bids. The bids of such bidders will be considered as officially withdrawn. Within three (3) working days after awarding the contract, and the approval of the Contractor's Performance Bond, the bid guarantees of the remaining unsuccessful bidders will be returned.

Upon execution of the contract by the successful bidder and acceptance by the City of the Performance Bond, and the receipt of the certificate of insurance, the bid guarantee of the lowest bidder will be returned. No interest will be paid on any form of bid guarantee.

13. AWARD OF CONTRACT:

The Contract, if awarded, will be awarded to the lowest responsible, qualified bidder whose Proposal complies with the requirements as stated herein. Proposals may be rejected where the prices as bid are obviously unreasonable. Award of the contract will be announced by the Municipal Council of the City of Jersey City. If the Total Price is found to have been incorrectly computed, change will be made in any and all unit prices so as to attain conformity with the Total Price before the award is made.

BID FOR UNIT PRICES CONTRACT:

The Bidder shall state on the Proposal Form the price per unit of measure for each scheduled item of work for which he will agree to carry out the work, and the total price for the performance of the Project, as determined by multiplying each estimated quantity by the price per unit of measure bid and adding together the resulting amounts. Unit prices shall be given in writing and in figures and in the case of variance the prices in writing shall prevail.

BID FOR LUMP SUM CONTRACT:

Lump Sum Bid, Base Bid prices and Alternates shall be in figures and words. In case of discrepancy the amount described in words shall govern. If any of the alternates listed in the Proposal Form does not involve change in price, the Bidder shall so indicate by writing the words "no change' on the space provided.

If the Grand Total Base Bid Price is within the amount of funds available to finance the construction contract and the City wishes to accept alternate bids, then contract award will be made to that responsible bidder submitting the low combined bid, consisting of the Grand Total Base Bid Price plus alternate bids. Under this procedure, if the City wishes to make award on only the Grand Total Base Bid Price, then contract award will be made to that responsible bidder submitting the low Grand Total Base Bid Price.

The Purchasing Agent may consider informal any Bids not prepared and made in accordance with the provisions stated herein and may waive or reject any or all bids. Bids containing any conditions, omissions, unexplained erasure or alterations, or items not called for in the proposal, or irregularities of any kind may be rejected by the City.

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

14. TIME FOR EXECUTING CONTRACT & LIQUIDATED DAMAGES FOR

FAILURE TO ENTER INTO CONTRACT:

Any bidder whose Proposal is accepted will be required to execute four (4) copies of the Contract and furnish satisfactory bond, and insurance certificate to the City of Jersey City within ten (10) days after notice of acceptance.

The successful bidder, upon his failure or refusal to execute and deliver the signed contract, bonds and certificate of insurance required within ten (10) days after receipt of contracts shall forfeit the certified check, cashier's check or bid bond to the City as liquidated damages for such failure or refusal.

The damages to the City of Jersey City for breach as above provided will include loss from interference with its construction program and other items whose accurate amount will be difficult or impossible to compute. The amount of the Bid Guarantee accompanying the proposal of such Bidder shall be retained by the City of Jersey City, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal has been accepted shall fail, refuse or resist to execute the contract as hereinbefore provided, the Municipal Council of the City of Jersey City may, as their option, determine that such Bidder has abandoned the Contract and thereupon his proposal and the acceptance thereof shall be null and void, and the City shall be entitled to liquidated damages as above provided.

The rights and obligations provided for in the Contract shall become effective and binding upon the parties only with its formal execution by the City of Jersey City. Any work started or materials delivered prior to said execution of contract shall be at the Contractor's risk.

15. PERFORMANCE BOND:

Within ten (10) days of the date of award of the Contract, the Bidder to whom the Contract has been awarded shall furnish and deliver Surety Corporation Bond, conditioned for the faithful performance and completion of the work, and for the payment of all lawful claims and bills against the Contractor for all labor, material, tools and equipment used in or in connection therewith. The Bond shall not be returned or canceled until all liability to any and all persons protected by the conditions of said Bond shall have been met by the Contractor or person primarily liable for the payment thereof, or by the Surety on said Bond.

The Bond required for the faithful performance of the Contract shall be in such sum equal to one hundred percent (100%) of the total amount of the contract, shall be satisfactory to the Corporation Counsel of the City of Jersey City shall be executed by a Surety Company licensed to do business in the State of New Jersey, and shall comply with N.J.S.A. 2A: 44-143 to 147 and amendments thereof and supplements thereto. In addition the Bond shall include the following provision: “The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on the bond and notice to Surety is not required for such increased obligation.” In no case shall the Contractor begin work prior to approval of said bond by the City.

16. CERTIFICATE OF INSURANCE:

The Contractor shall also supply to the City, at the time the Contract is signed, Certificate of Insurance in such amounts as described elsewhere in these specifications, which will be maintained by the Contractor during the life of the contract. The City of Jersey City shall be named as an Additional Insured on Certificate of Insurance.

17. ESTIMATES QUANTITIES AND UNIT PRICES:

The Unit Price bid in each of the items included in the Proposal shall cover all costs of whatever nature, incidental to the work. In explanation but not in limitation thereof, these costs shall include the cost of all work, labor, material, equipment, transportation and all else necessary to perform and complete the Project in the manner and within the time required, and all incidental expenses in connection therewith, all costs on account of loss by damage or destruction encountered for settlement of damages, and for replacement of defective work and materials.

Change in Quantity

(1) The City 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 City 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 City 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 the negotiated price for a major quantity increase, the City shall pay the actual cost 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 City 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 City 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 City 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.”

The Estimate of Quantities specified covering all work to be done and materials to be furnished is approximate only and is given solely to be used as a uniform basis for comparison of bids. The Architect reserves the right to increase or diminish any or all quantities, or to omit any, if it is deemed necessary to do so.

If any part is so withdrawn by the City, the Contractor shall have no claim for loss incurred by the Contractor for commitments made by the Contractor in anticipation of the work contemplated, or for loss of anticipated profits, or for work done prior to the Contractor having been authorized to proceed therewith.

18. LUMP SUM PRICE:

The Lump Sum Price in the Proposal shall cover all costs of whatever nature, incident to and growing out of the work. In explanation but not in limitation thereof, these costs shall include the cost of all work, labor, material, equipment, transportation, and all else necessary to perform and complete the Project in the manner and within the time required, and all incidental expenses for unforeseen difficulties encountered for settlement of damages, and for replacement of defective work and materials.

19. CHANGES - EXTRA WORK FOR UNIT PRICE CONTRACT:

The City may at any time desire changes in either the quantity or the quality of Work or materials to be performed or furnished. These changes may be such as to either reduce or to increase quantities specified or may call for Extra Work or materials not contemplated in the original Schedule of Prices in the Proposal.

The City may make changes in the Work required to be performed by the Contractor under the Contract by making additions thereto, or by omitting Work therefrom, without invalidating the Contract, and without relieving or releasing the Contractor from any of his obligations under the Contract or any Bonds given by him pursuant to the Contract provisions, and without relieving or releasing the Surety or Sureties of said Bonds. All such changes in the Work will be authorized by written Change Order, the Total Contract Price and the Contract Time being adjusted accordingly;

and shall be executed under the terms of the original Contract unless it is expressly provided otherwise. The Change Orders shall be limited to the following types:

A. Emergency occurrence affecting health, safety or welfare.

B. Unforeseeable problems.

C. Minor modifications to effect economics, improve service or resolve minor problems with affected property owners.

Change in Character of Work

(1) If the Contractor believes that a change directive by the City results in a material change to the contract work, the Contractor shall so notify the City 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 City 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 City determines that a change to the Contractor’s work caused or directed by the City materially changes the character of any aspect of the contract work, the City 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 City prior to the Contractor performing the subject work.

(b) If the City 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 City 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.

When the Extra Work to be performed is of a kind not embraced in the Proposal or being so embraced is to be done at a lesser or greater price or quantity than originally agreed upon, the Contractor shall be furnished a written Change Order signed by the City and approved by the City Council. Said Change Order shall state the Extra Work to be done, the amount to be paid therefor, and the number of additional days, if any, that will be added to the time specified for the completion of the entire Project covered by this Contract.

The price stated in this written Change Order representing the sum to be added to or deducted from the Total Contract Price shall be determined as follows:

(1) By such applicable Unit Prices, if any, as are set forth in the Contract; or

(2) If no such Unit Prices are set forth, then by a Lump Sum mutually agreed upon by the City and the Contractor; or

(3) If no such Unit Prices are so set forth and if the parties cannot agree upon a Lump Sum then by the actual net cost in money to the Contractor of:

a. The wages of applied labor, including foreman, required for such Extra Work. Labor rates shall be as per current New Jersey Department of Labor Prevailing Wage Rates plus thirty-four (34%) percent of the Prevailing Wage Rate for other direct cost of labor to the Contractor, which includes taxes (eg. FICA, FUTA, SUTA, SDI, etc.), insurance premiums (Workmen's Compensation Insurance, General Liability, etc.), bond premiums (Performance and Payment Bonds, etc.), plus benefits listed in the Prevailing Wage Rates;

b. Plus the materials entering permanently into such Extra Work;

c. Plus such rental for plant and equipment (other than small tools) required and approved for such Extra Work. The Contractor's hourly equipment rates shall be as per the monthly rates divided by 176 in the current "Blue Book" published by Nielsen/DATAQUEST. The weekly, hourly and daily rates will not be used.

d. Plus power and consumable supplies for the operation of power equipment required for such Extra Work;

e. Plus fifteen (15%) percent of a, b, c and d above as compensation for all other items and profits, and costs or expenses including administration, overhead, superintendence, materials used in temporary structures, allowances made by the Contractor to the Subcontractors, the use of small tools and any other general expenses when the work is performed by the Contractor. For work performed by a Subcontractor, the Subcontractor’s compensation for overhead and profit shall be limited to ten (10%) percent of a, b, c, and d above and the Contractor’s compensation for overhead and profit shall be limited to five (5%) on the work performed by the Subcontractor. All time and material quantities shall be verified by the City on a daily basis.

When Extra Work is performed under Method 3, the Contractor shall furnish satisfactory bills, certified payrolls and vouchers covering all items of cost, and when required, shall give the City access to accounts relating thereto.

The provisions hereof shall not affect the power of the Contractor to act in case of emergency, as hereinafter provided. Under no circumstances shall the Contractor perform Work in excess of the quantities delineated in the Proposal without a written Change Order issued by the City. The City shall not be liable for any claims for Work performed outside the Contract unless so authorized by a written Change Order.

It is understood and agreed to by the Bidder that any delays necessary to institute a Change Order, resolved by the City Council, shall not be a basis for claims for additional compensation. Wherever possible the Contractor shall mobilize his forces to construct another portion of the Project while awaiting said written Change Order.

20. CHANGES - EXTRA WORK FOR LUMP SUM CONTRACT:

The City, through the City, may at any time desire changes in either the quantity or the quality of Work or materials to be performed or furnished. These changes may be such as to either reduce or to increase quantities specified or may call for Extra Work or materials not contemplated in the original Schedule of Prices in the Proposal.

The City, through the City, may make changes in the Work required to be performed by the Contractor under the Contract by making additions thereto, or by omitting Work therefrom, without invalidating the Contract, and without relieving or releasing the Contractor from any of his obligations under the Contract or any Bonds given by him pursuant to the Contract provisions, and without relieving or releasing the Surety or Sureties of said Bonds. All such changes in the Work will be authorized by written Change Order, the Total Contract Price and the Contract Time being adjusted accordingly; and shall be executed under the terms of the original Contract unless it is expressly provided otherwise. The Change Orders shall be limited to the following types:

A. Emergency occurrence affecting health, safety or welfare.

B. Unforeseeable problems.

C. Minor modifications to effect economics, improve service or resolve minor problems with affected property owners.

Change in Character of Work

(1) If the Contractor believes that a change directive by the City results in a material change to the contract work, the Contractor shall so notify the City 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 City 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 City determines that a change to the Contractor’s work caused or directed by the City materially changes the character of any aspect of the contract work, the City 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 City prior to the Contractor performing the subject work.

(b) If the City 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 City 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.

When the Extra Work to be performed is of a kind not embraced in the Proposal or being so embraced is to be done at a lesser or greater price or quantity than originally agreed upon, the Contractor shall be furnished a written Change Order signed by the City and approved by the City Council. Said Change Order shall state the Extra Work to be done, the amount to be paid therefor, and the number of additional days, if any, that will be added to the time specified for the completion of the entire Project covered by this Contract.

The price stated in this written Change Order representing the sum to be added to or deducted from the Total Contract Price shall be determined as follows:

1. By such applicable Unit Prices, if any, as are set forth in the Contract; or

2. If no such Unit Prices are set forth, then by a Lump Sum mutually agreed upon by the City and the Contractor; or

3. If no such Unit Prices are so set forth and if the parties cannot agree upon a Lump Sum then by the actual net cost in money to the Contractor of:

a. The wages of applied labor, including foreman, required for such Extra Work. Labor rates shall be as per current New Jersey Department of Labor Prevailing Wage Rates plus thirty-four (34%) percent of the Prevailing Wage Rate for other direct cost of labor to the Contractor, which includes taxes (eg. FICA, FUTA, SUTA, SDI, etc.), insurance premiums (Workmen's Compensation Insurance, General Liability, etc.), bond premiums (Performance and Payment Bonds, etc.), plus benefits listed in the Prevailing Wage Rates;

b. Plus the materials entering permanently into such Extra Work;

c. Plus such rental for plant and equipment (other than small tools) required and approved for such Extra Work. The Contractor's hourly equipment rates shall be as per the monthly rates divided by 176 in the current "Blue Book" published by Nielsen/DATAQUEST.

The weekly, hourly and daily rates will not be used.

d. Plus power and consumable supplies for the operation of power equipment required for such Extra Work;

e. Plus fifteen (15%) percent of a, b, c and d above as compensation for all other items and profits, and costs or expenses including administration, overhead, superintendence, materials used in temporary structures, allowances made by the Contractor to the Subcontractors, the use of small tools and any other general expenses when the work is performed by the Contractor. For work performed by a Subcontractor, the Subcontractor’s compensation for overhead and profit shall be limited to ten (10%) percent of a, b, c, and d above and the Contractor’s compensation for overhead and profit shall be limited to five (5%) on the work performed by the Subcontractor. All time and material quantities shall be verified by the City on a daily basis.

When Extra Work is performed under Method 3, the Contractor shall furnish satisfactory bills, certified payrolls and vouchers covering all items of cost, and when required, shall give the City access to accounts relating thereto.

The provisions hereof shall not affect the power of the Contractor to act in case of emergency, as hereinafter provided. Under no circumstances shall the Contractor perform Work in excess of the quantities delineated in the Proposal without a written Change Order issued by the City. The City shall not be liable for any claims for Work performed outside the Contract unless so authorized by a written Change Order.

It is understood and agreed to by the Bidder that any delays necessary to institute a Change Order, resolved by the City Council, shall not be a basis for claims for additional compensation. Wherever possible the Contractor shall mobilize his forces to construct another portion of the Project while awaiting said written Change Order.

21. SUBSTITUTIONS:

Each Bidder represents that his Proposal is based upon the materials and equipment described in the bidding documents.

Where materials are specified by a trade name or manufacturer's model or catalog number, the name product shall be construed to read "or equivalent". If a bidder substitutes any material other than those named in the Specifications, such material shall be equivalent in all respects to the named products specified. The burden of submitting adequate information to prove equivalency of substituted materials shall be the responsibility of the Contractor. All information necessary to prove equivalency of substituted materials should be included with the proposal submitted at the bid reception.

Proposed substitutions shall satisfy all design conditions including performance and physical properties which will be reviewed prior to approving the substitute; physical dimensions, pattern, colors, weight effect on other trades, availability, cost, performance and test data, guarantee and other properties. Where a Contractor substitutes materials, he shall submit two (2) samples of materials specified and two (2) samples of material considered by Contractor to be an equivalent, along with technical information on each.