Pennsauken_Community_Pool_Improvements.pdf

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2026-BID-15

PENNSAUKEN COMMUNITY POOL IMPROVEMENTS

RELEASE DATE: October 7, 2026

RESPONSE DEADLINE: November 11, 2026, 10:30 am

Please refer to the project timeline in this document for all important deadlines.

#2026-BID-15

Title: Pennsauken Community Pool Improvements

Table Of Contents

1. INSTRUCTIONS TO BIDDERS, GENERAL CONDITIONS AND SPECIFICATIONS

1.1. NOTICE TO BIDDERS

1.2. GENERAL INSTRUCTIONS TO BIDDERS

1.3. BID FORM INSTRUCTIONS

1.4. BID BOND INSTRUCTIONS

1.5. PERFORMANCE/SURETY BOND

1.6. MAINTENANCE BOND

1.7. OBLIGATION OF BIDDER

1.8. INSURANCE COVERAGE

1.9. MANDATORY AFFIRMATIVE ACTION LANGUAGE

1.10. REQUIREMENTS OF P.L. 1977, C.33 as amended by P.L. 2016, c.43)

1.11. AWARDING OF CONTRACT

1.12. VENDOR QUALIFICATIONS

1.13. PENNSAUKEN TOWNSHIP BUSINESS LICENSE

1.14. CONTRACT PERIOD

1.15. BID PRICES

1.16. SPECIFICATION EXCEPTIONS TO BE LISTED

1.17. PURCHASE ORDER REQUIREMENTS

1.18. PROMPT PAYMENT REQUIREMENT

1.19. SAVINGS CLAUSE

1.20. INTENT OF SPECIFICATIONS

1.21. TERMINATION OF CONTRACT

1.22. NEW JERSEY BUSINESS REGISTRATION REQUIREMENTS

1.23. RIGHT TO KNOW ACT

1.24. DISPUTE RESOLUTION

1.25. PREVAILING WAGE RATE

1.26. PUBLIC WORKS CONTRACTOR REGISTRATION ACT

1.27. AMERICAN GOODS AND PRODUCTS

1.28. ERRORS AND CHANGES

1.29. APPENDIX A - Withdrawal of Bids

1.30. APPENDIX B: Americans with Disabilities Act of 1990

1.31. DISCLOSURE OF CONTRIBUTIONS

1.32. HOLD HARMLESS CLAUSE

1.33. LIQUIDATED DAMAGES

1.34. UNIFORMED TRAFFIC CONTROL OFFICERS

1.35. PROHIBITED VENDORS

2. TECHNICAL SPECIFICATIONS

2.1. SCOPE OF WORK

2.2. INSURANCE REQUIREMENTS

2.3. BID PROPOSAL

2.4. BID DOCUMENT SUBMISSION CHECKLIST

2.5. VENDOR QUESTIONNAIRE

2.6. ATTACHMENTS & EXHIBITS

Attachments:

A - 11 - Spec Prov

B - 13 - Div 2

C - 26-09-30 Pennsauken Pool - R2 - Plan Set

D - 274104254-camden-10-1-2026

E - State Rates

1. INSTRUCTIONS TO BIDDERS, GENERAL CONDITIONS AND SPECIFICATIONS

1.1. NOTICE TO BIDDERS

1. PROPOSALS: Sealed bids for the following: Pennsauken Community Pool Improvements for the

Township of Pennsauken will be received at 10:30 am on Wednesday, November 11, 2026 at which time bids will be opened via the OpenGov Procurement Portal. Bids will not be accepted after the specified time. All proposals shall be submitted through the https://procurement.opengov.com/portal/pennsauken. Bids will be publicly posted on the OpenGov eProcurement portal.

The Township Committee and its Solicitor will be the sole discretionary body for consideration or rejection of the proposals.

2. SPECIFICATIONS: Specification and Form of Bid for “Pennsauken Community Pool Improvements” can be downloaded from https://procurement.opengov.com/portal/pennsauken.

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

Bob Dolan

QPA

Township of Pennsauken

1.2. GENERAL INSTRUCTIONS TO BIDDERS

Time and place for acceptance of bids: All proposals will be auto opened by the OpenGov site on Wednesday, November 11, 2026, at 10:30 am prevailing time and responses will be published shortly thereafter. Bids will not be accepted after the specified time.

1.3. BID FORM INSTRUCTIONS

All bids must be submitted on the form of proposal supplied by the Township. If any type of discount is offered for prompt payment of bills or other consideration, such may be set forth on the form of proposal. All bid documents submitted should include original signatures. Failure to provide original signatures may be cause for rejection of the bid at the discretion of the Township.

1.4. BID BOND INSTRUCTIONS

A bid bond, cashier’s check or certified check in the amount of ten percent (10%) of the total amount bid, not to exceed $20,000.00, N.J.S.A 40A:11-21, must accompany each proposal as a guarantee which may be forfeited and retained by the Township in lieu of its other legal remedies if a successful bidder’s proposal is accepted by the Township and he shall fail to execute and return to the Township the required contract within twenty-one

(21) days, Sundays and holidays excepted, after the delivery of the prepared contract to him by the

Township. A Copy of the Bid Bond shall be submitted via OpenGov Procurement. A Certificate of Authority, issued by the New Jersey Department of Banking and Insurance should be submitted with the bid proposal. The guarantee checks or bid bonds of all except the three (3) lowest bidders will be returned within ten (10) days after opening of the bids, Sundays and holidays excepted, and the bids of such bidders shall be considered as withdrawn. The remaining bid guarantees will be returned promptly upon execution of contract documents by the successful bidder but no more than three days, Sundays and holidays excepted, after the awarding and signing of the contract and the approval of the contractor's performance bond.

1.5. PERFORMANCE/SURETY BOND

The successful bidder, when awarded a contract, shall furnish a performance/surety bond in the amount of one hundred percent (100%) of the total amount bid guaranteeing performance of the contract in a form acceptable by the Township of Pennsauken. A Surety Disclosure Statement shall accompany the Performance/Surety

Bond.

Construction projects shall include a material and labor bond in the amount of one hundred percent (100%) of the total bid amount. A Consent of Surety (see attached) shall be submitted with the bid proposal.

1.6. MAINTENANCE BOND

Upon completion of the project and prior to final payment, the successful bidder shall provide a maintenance bond in the amount of one hundred percent (100%) of the total contracted amount, including any change orders. The maintenance bond shall be for a two-year (2) term in a form acceptable to the Township. A Surety

Disclosure Statement shall accompany the Maintenance Bond.

1.7. OBLIGATION OF BIDDER

At the time of the opening of bids, each bidder will be presumed to have read and to be thoroughly familiar with the contents of the Notice to Bidders, the General Information and the Specifications of the material and/or service to be supplied. The failure or omission of any bidder to receive or examine any form, instrument, or document shall in no way relieve the bidder from any obligation in respect of that bid.

Any challenge to the bid specifications shall be presented in writing to Bob Dolan, QPA, Township of

Pennsauken, 2400 Merchantville Avenue, Pennsauken, NJ 08110 within three (3) business days prior to the bid opening and shall be clearly marked on the outside “Bid Challenge”. Any challenge filed thereafter shall have no effect on bid award.

1.8. INSURANCE COVERAGE

Applicable insurance certificates must be furnished by the successful bidder with the contract naming the

Township of Pennsauken as additionally insured and certificate holder, upon request, and/or as more particularly set forth herein on the attached Certificate of Insurance and Insurance Coverage Requirements pages. The vendor shall submit their Certificate of Insurance to the Township upon intent of award. All insurance certificates must be uploaded by the insured’s agent prior to award.

1.9. MANDATORY AFFIRMATIVE ACTION LANGUAGE

P.L. 1975 c.127 (N.J.A.C.17:27)

During the performance of this contract, the contractor agrees to comply with all the requirements of N.J.S.A.

10:5-31 et seq and N.J.A.C. 17:27 in accordance with the attached document.

After notification of award, but prior to signing the contract, the contractor shall submit to the Purchasing Agent and the Division of Contract Compliance and Equal Employment Opportunity in Public Contracts (division) an initial project workforce report (Form AA201) provided.

The contractor shall also submit a copy of the Monthly Project Workforce Report once a month thereafter for the duration of the contract to the Division and to the Purchasing Agent.

1.10. REQUIREMENTS OF P.L. 1977, C.33 as amended by P.L. 2016, c.43)

If bidder is a corporation or partnership, there must accompany its bid, a statement setting forth the names and addresses of all stockholders in the corporation or partnership who own ten percent (10%), or more of its stock, of any class, or of all individual partners in the partnership who own a ten percent (10%) or greater interest therein. If one or more stockholders or partnership, the stockholders holding ten percent (10%) or more of that corporation’s stock, or the individual partner owning ten percent (10%), or greater interest in that partnership, must be set forth as aforesaid.

All bidders shall comply with the act relating to a disclosure statement to conflict of interest as per P.L., 1977, c.33, and shall submit the completed and signed disclosure statement as attached. Failure to submit this information may be cause for the rejection of the bid, at the option of the Township.

1.11. AWARDING OF CONTRACT

The Township Committee will award the contract to the lowest qualified responsible bidder but reserves the right to reject any and all proposals and to waive any immaterial informality as may be permitted by law.

This award of contract shall not be binding upon the Township of Pennsauken until the contract, in accordance with the specifications, is actually executed by the successful bidder and by the proper officers of the Township of Pennsauken.

The Township shall award the contract or reject all bids within sixty (60) days except that the bids of any bidders who consent thereto may, at the request of the contracting unit, be held for consideration for such longer period as may be agreed. No bids may be withdrawn during this 60 day period, except as provided for herein.

The inability of any vendor to bid on all items listed under each category on which that party is bidding may preclude consideration of the bid. The contract shall be awarded to that agency which provides the lowest overall bid, considering all items are bid or otherwise calculated in for award purposes. Bids shall be reviewed to determine any unbalanced bidding. Unbalanced bidding shall be cause for rejection.

1.12. VENDOR QUALIFICATIONS

All bidders shall provide certification demonstrating its ability to perform this contract. Certification shall be provided within the OpenGov Procurement Portal and shall attest the contractor will have available resources, equipment, experience and capability to undertake and perform the work described in this specification.

1.13. PENNSAUKEN TOWNSHIP BUSINESS LICENSE

Any business submitting a bid and whose business is located within the Township of Pennsauken shall have a valid Pennsauken Township business license in accordance with Chapter 171 of the Code of the Township of Pennsauken. A copy of a valid business license should be submitted with the bid.

1.14. CONTRACT PERIOD

The contract period shall be for 1 Year from the date first appearing thereon unless otherwise specified by law.

In accordance with 40A:11-15 of the Local Public Contracts Law the Township reserves the right to extend this contract, when mutually agreed upon between the Township and the contractor, for not more than one-additional year period. Any change in price shall not exceed the change in the index rate for the 12 months preceding the most recent quarterly calculation available at the time of the contract renewal. The contract extension shall be awarded by resolution of the governing body only upon a finding by the governing body that the services are being performed in an effective and efficient manner, and no extension shall be granted so that the contract runs for more than a total of two consecutive years. Otherwise, the terms and conditions of the contract shall remain substantially the same.

1.15. BID PRICES

The bid shall be based upon the descriptions provided on the “Bid Form” and from the technical specifications attached hereto. The bid shall be based on “top of the line” quality items and/or service shall be quoted f.o.b.

Pennsauken Township Municipal Building, 2400 Merchantville Ave., Pennsauken, NJ 08110.

Full replacement shall be provided by the successful bidder should any item and/or services supplied fail to perform in accordance with the standards of “top of the line” quality as known by the trade.

The successful bidder shall make delivery of services and/or installation as requested to the address within the

Township of Pennsauken designated on the purchase order, at no additional charge.

1.16. SPECIFICATION EXCEPTIONS TO BE LISTED

Any exceptions to this Specification on the product or service bid, technical or otherwise, shall be listed by the bidder. Said information shall be attached to the Bid Form provided herein and shall be submitted with the bid. General sales literature, regardless of how technical in nature, shall not be considered as meeting this requirement. In recognition of ever changing “state of the art” the technical specifications may be satisfied by substitution of an equivalent item or design subject to acceptance by the Township.

1.17. PURCHASE ORDER REQUIREMENTS

No work shall be performed, services rendered or material provided by the successful bidder unless a proper purchase order has been issued by the Township of Pennsauken in accordance with Chapter 58 of the Code of the Township of Pennsauken entitled “Purchase Procedure”. Vouchers shall be submitted in accordance with

Chapter 10 of the Code of the Township of Pennsauken entitled “Claims Approval”.

Requests for payment of material or services delivered shall be made on Township of Pennsauken vouchers with copies of supplier’s invoices attached which shall specify the quantity, description, unit and extended prices of each item delivered. Payments shall not be provided on a frequency less than a monthly basis after services are rendered and vouchers are timely submitted for review and processing.

1.18. PROMPT PAYMENT REQUIREMENT

Requests for payment of goods or services delivered by prime contractors pursuant to a contract for improvements to real property shall be made on Township of Pennsauken (“Township”) vouchers with copies of supplier’s invoices attached which shall specify the quantity, description, unit and extended prices of each item delivered.

For contracts for improvements to real property, the Township shall make periodic payments to prime contractors in accordance with P.L. 2006, Chapter 96. Prime contractors shall submit requests for payments to the appropriate Township Official or Municipal Engineer as this request for payment shall include but not be limited to:

1. Pennsauken Township voucher with claimant’s signature,

2. Itemized invoice and/or A.I.A. “Application and Certificate for Payment”,

3. Such other pertinent documents, spreadsheets, schedules of values, etcetera which may be required to verify the claim,

4. Copies of supplier’s invoices which will specify the quantity, description, unit and extended prices of each item delivered,

5. Certified payrolls and/or monthly manning reports.

The Township shall consider failure to provide any of the above information including but not limited to certified payrolls and/or monthly manning reports as failure to fulfill the contract terms and reject the request for payment accordingly. Bills received after the “deadline” shall be deferred to the next payment cycle.

For contracts for Goods & Services, the Township shall make periodic payment to contractors in accordance with P.L. 2018, Chapter 127. Vendors shall submit request for payment to the appropriate Township Official as this request shall include but not be limited to:

1. Pennsauken Township Voucher with claimant’s signature.

2. Itemized Invoice

The Township shall consider failure to provide any of the above as failure to fulfill the contract terms and reject the request for payment accordingly. Bills received after the “deadline” shall be deferred to the next payment cycle.

Unless otherwise specified by the Township in bid specifications or contracts, the billing date for periodic payments, final payments and retainer payments shall be the date the bill is received by the Township. On or before five (5) business days after the date of the Township’s Governing Body Meeting which is at least twenty

(20) calendar days after the billing date the Township or Townships Engineer shall provide written notification to the contractor of any reason for withholding such payment. If not so notified, then the bill shall be deemed approved and certified for payment. If so notified, the Township shall pay, as provided herein, such portion of the request which has been completed in accordance with the provisions of the contract.

Billings approved and certified by the Township Engineer or other Township representative shall be authorized at the next scheduled meeting of the Township Governing Body. Billings approved and certified by the

Township Governing Body shall be authorized at the same meeting which granted approval and certification.

Checks shall be issued within five (5) business days after authorization by the Governing Body. Nothing in this section shall prohibit the Township from approving and authorizing payment in a manner which will provide prompt payment in time frames less than outlined above. Contractors agree they shall comply with the

Townships prompt payment. In general bills are required thirty (36) calendar days before the scheduled

Governing Body Public Meeting.

Disputes concerning contracts for improvements to real property may be submitted to an alternative dispute resolution (ADR) for bills or portion thereof which are not approved and certified. ADR procedures do not apply to disputes concerning the bid solicitation or award process or formation of contracts. Also, the ADR procedures do not apply to any transportation project as defined in N.J.S.A. 27:1B-3, if that project receives federal funding and the application of this procedure would jeopardize the funding because the owner could not meet the federal standards for financial management systems as outlined in 49 C.F.R. 18.20. ADR shall be by mediation or non-binding arbitration at the request of either party pursuant to the rules and procedures of the

American Arbitration Association.

1.19. SAVINGS CLAUSE

If any provision of this Specification is subsequently declared by the proper Legislative or Judicial authority to be unlawful, unenforceable, or not in accordance with applicable statutes, all other provisions of this

Specification shall remain in full force and effect.

The Township, without invalidating the contract, may order changes consisting of additions, deletions, or modifications. The contract sum shall be adjusted accordingly, in accordance with the Local Public Contracts

Law of New Jersey.

1.20. INTENT OF SPECIFICATIONS

The equipment and/or service specifications in this bid package are intended to specify equipment and/or service in terms of performance and function. No part of this specification should be interpreted as representing or recommending a particular brand of equipment. It should be noted, however, that only manufacturer’s publicly identified “top of the line” equipment will be accepted.

1.21. TERMINATION OF CONTRACT

If, through any cause, the successful bidder shall fail to fulfill in a timely and proper manner obligations under this contract, or if the Contractor shall violate any of the requirements of this contract, the Township of

Pennsauken shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination. Such termination shall relieve the Township of any obligations for balances due the

Contractor of any sum or sums set forth in the contract.

In the case of default by the successful bidder, the Township may procure the goods or services from other sources and hold the successful bidder responsible for any excess cost occasioned thereby.

At any time should the Township determine that any or all of the services described herein become unnecessary; the Township reserves the right to terminate any or all of this contract upon thirty days written notice.

Strikes, walkouts or other such instances shall be reason for the Township to immediately acquire other services until such time the Contractor can again complete the remainder of the contract. Such actions may also be cause for the Township to terminate the contract, at the Township’s discretion.

Continuation of the terms of this contract beyond the fiscal year is contingent on availability of funds in the following year’s budget. In the event of unavailability of such funds, the Township reserves the right to terminate this contract upon thirty days written notice.

1.22. NEW JERSEY BUSINESS REGISTRATION REQUIREMENTS

In accordance with N.J.S.A. 52:32-44 bidders may provide with their bid a Business Registration Certificate issued by the State of New Jersey. Contractors are required to be registered at the time of bid. A Business

Registration Certificate must be provided prior to award.

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

1. The contractor shall provide written notice to its subcontractors and suppliers to submit proof of business registration to the contractor;

2. Subcontractors through all tiers of a project must provide written notice to their subcontractors and suppliers to submit proof of business registration and subcontractors shall collect such proofs of business registration and maintain them on file;

3. Prior to receipt of final payment from a contracting agency, a contractor must submit to the contracting agency an accurate list of all subcontractors and suppliers and the proof of business registration or attest that no subcontractors were used;

4. During the term of this contract, the contractor and its affiliates shall collect and remit, and shall notify all subcontractors and their affiliates that they must collect and remit, to the Director, New Jersey

Division of Taxation, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A 54:32B-1 et seq.)

on all sales of tangible personal property delivered into this State.

A contractor, subcontractor or supplier who fails to provide proof of business registration or provides false business registration information shall be liable to a penalty of $25 for each day of violation, not to exceed

$50,000 for each business registration not provided or maintained under a contract with a contracting agency. Information on the law and its requirements are available by calling 609-292-9292.

1.23. RIGHT TO KNOW ACT

The successful bidder shall comply with Pennsauken Townships “Hazard Communication (HAZCOM)/Right to

Know (RTK) Program”. The successful bidder shall, within thirty (30) days from award of bid or upon the date of first delivery of products, whichever comes first, provide to the Township of Pennsauken the following:

1. A Material Safety Data Sheet for any product provided with the bid/contract herein and applicable under the “Right to Know” act.

2. A Hazardous Substance Fact Sheet for any product provided with the bid/contract herein and applicable under the “Right to Know” act.

3. Appropriate labels shall be on the containers in which products are delivered and which otherwise require labeling under the “Right to Know” Act.

Each contractor bringing chemicals on-site must provide Dayna Pitts and/or her designee with the appropriate hazard information on these substances, including the MSDS, the labels used and the precautionary measures to be taken in working with these chemicals.

All contractors performing construction work which may affect indoor air quality standards shall in accordance with NJAC 12:100-13 and Pennsauken Townships Indoor Air Quality Program notify Cedric Smith and/or his designee not less than 24 hours prior to such commencement of work.

1.24. DISPUTE RESOLUTION

All claims, disputes and other questions between the Township and the Contractor arising out of or relating to the Contract documents, shall be decided by mediation. The mediator shall be an independent, third party, as follows:

1. An individual mutually agreeable to both sides; or

2. An individual(s) affiliated with the American Arbitration Association.

Mediation shall be conducted pursuant to accepted industry standards and shall, at a minimum, adhere to the

“Construction Industry Mediation Rules” adopted by the American Arbitration Association. The cost of mediation shall be borne equally by the Township and the Contractor.

In the event the Township and Contractor cannot resolve the claim, dispute or other matters in question through the mediation process, each may exercise such rights or remedies as either may have under law.

Notwithstanding the foregoing, the mediation process above shall not apply to disputes concerning the bid solicitation or award process or to the formation of contracts or subcontracts to be entered pursuant to N.J.S.A.

40A:11-1, et seq. Nothing in this section shall prevent the Township from seeking injunctive or declaratory relief in court at any time.

1.25. PREVAILING WAGE RATE

In accordance with N.J.S.A. 34:11-56.25 et seq., New Jersey Prevailing Wage Rates shall be made a part of every contract for the performance of the described work. The New Jersey Prevailing Wage Rates may be obtained from the New Jersey Department of Labor. An official copy of the wage rate determination is on file in the office of the Purchasing Agent. Certified payrolls shall be provided with each request for payment under this contract.

Certification by bidder with lowest bid by 10 percent or more

When a public body engages in competitive bidding for public work subject to the provisions of the New Jersey

Prevailing Wage Act (PWA), the person who makes the lowest bid for the contract by 10 percent or more under the amount of the next lowest bid shall prior to award of the contract certify to the public body on the form found with the bid documents that the prevailing wage rates required by the PWA shall be paid in performing the work under the contract.

If the bidder does not provide the certification required pursuant to above prior to the award of the contract, the public body shall award the contract to the next lowest responsible and responsive bidder.

"Attached hereto and incorporated herein is(are) the Department of Labor and Workforce Development prevailing wage determination(s) for the locality and craft(s) that will be employed in the performance of work under this contract. It is hereby stipulated that each individual who performs work under this contract shall be paid not less than the prevailing wage rate to which that worker is entitled under the New Jersey Prevailing

Wage Act, as reflected in the appropriate Department of Labor and Workforce Development prevailing wage determination"; and

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

1.26. PUBLIC WORKS CONTRACTOR REGISTRATION ACT

In accordance with N.J.S.A. 34:11-56.48 et seq., the Public Works Contractor Registration Act, all bidders are required to be registered with the New Jersey Department of Labor at the time of receipt of bids. A copy of their certificate issued by the New Jersey Department of Labor should be provided with their bid but no later than prior to award of contract. It is unlawful to submit a bid if you are not registered.

1. All named contractors and subcontractors must be registered with the Department of Labor pursuant to the PWCRA at the time the proposal is received, or the proposal will be determined to be non-responsive.

2. Any non-listed subcontractor must be registered with the Department of Labor prior to physically starting work.

1.27. AMERICAN GOODS AND PRODUCTS

Only manufactured and farm products of the United States, wherever available, shall be used in performance of this contract.

1.28. ERRORS AND CHANGES

All changes or corrections made to the bid pages should be crossed out, re-written and initialed by the individual making the change. Failure of the bidder to initial changes may be cause for rejection of the bid.

Where there are discrepancies between unit price bid and extended amounts, the unit price shall prevail. In the event of discrepancies between extended amounts and totals, the extended amounts shall prevail.

1.29. APPENDIX A - Withdrawal of Bids

(N.J.S.A. 40A:11-23.3)

Permission for Bidder to Withdraw a Bid Due to a Mistake in Certain Circumstances

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

A bidder claiming a mistake under N.J.S.A. 40A:11-23.3 must submit a request for withdrawal, in writing, by certified or registered mail to Bob Dolan, QPA, Township of Pennsauken, 2400 Merchantville Avenue, Pennsauken, NJ 08110. The bidder must request withdrawal of a bid due to a mistake, as defined by the law, within five business days after the receipt and opening of the bids. Since the bid withdrawal request shall be effective as of the postmark of the certified or registered mailing, the purchasing agent or designee may contact all bidders, after bids are opened, to ascertain if any bidders wish to, or already have exercised a request to withdraw their bid pursuant to N.J.S.A. 40A:11-23.3.

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

The public owner will not consider any written request for a bid withdrawal for a mistake, as defined by

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

1.30. APPENDIX B: Americans with Disabilities Act of 1990

Equal Opportunity for Individuals with Disability

The contractor and the Township of Pennsauken, (hereafter “owner”) do hereby agree that the provisions of

Title 11 of the Americans With Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 et seq.), which prohibits discrimination on the basis of disability by public entities in all services, programs, and activities provided or made available by public entities, and the rules and regulations promulgated pursuant there unto, are made a part of this contract. In providing any aid, benefit, or service on behalf of the owner pursuant to this contract, the contractor agrees that the performance shall be in strict compliance with the Act. In the event that the contractor, its agents, servants, employees, or subcontractors violate or are alleged to have violated the Act during the performance of this contract, the contractor shall defend the owner in any action or administrative proceeding commenced pursuant to this Act. The contractor shall indemnify, protect, and save harmless the owner, its agents, servants, and employees from and against any and all suits, claims, losses, demands, or damages, of whatever kind or nature arising out of or claimed to arise out of the alleged violation. The contractor shall, at its own expense, appear, defend, and pay any and all charges for legal services and any and all costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith. In any and all complaints brought pursuant to the owner’s grievance procedure, the contractor agrees to abide by any decision of the owner which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the owner, or if the owner incurs any expense to cure a violation of the ADA which has been brought pursuant to its grievance procedure, the contractor shall satisfy and discharge the same at its own expense.

The owner shall, as soon as practicable after a claim has been made against it, give written notice thereof to the contractor along with full and complete particulars of the claim, If any action or administrative proceeding is brought against the owner or any of its agents, servants, and employees, the owner shall expeditiously forward or have forwarded to the contractor every demand, complaint, notice, summons, pleading, or other process received by the owner or its representatives.

It is expressly agreed and understood that any approval by the owner of the services provided by the contractor pursuant to this contract will not relieve the contractor of the obligation to comply with the Act and to defend, indemnify, protect, and save harmless the owner pursuant to this paragraph.

It is further agreed and understood that the owner assumes no obligation to indemnify or save harmless the contractor, its agents, servants, employees and subcontractors for any claim which may arise out of their performance of this Agreement. Furthermore, the contractor expressly understands and agrees that the provisions of this indemnification clause shall in no way limit the contractor’s obligations assumed in this

Agreement, nor shall they be construed to relieve the contractor from any liability, nor preclude the owner from taking any other actions available to it under any other provisions of the Agreement or otherwise at law.

1.31. DISCLOSURE OF CONTRIBUTIONS

Starting in January 2007, all business entities are advised of their responsibility to file an annual disclosure statement of political contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A. 19:44A-20.27 if they receive contracts in excess of $50,000 from public entities in a calendar year. Business entities are responsible for determining if filing is necessary. Additional information on this requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.

1.32. HOLD HARMLESS CLAUSE

The successful bidder shall defend, indemnify and save harmless the Township of Pennsauken, its officers, agents and servants and each and every one of them against and from all suits and cost of every name and description, and from all damages to which said Township of Pennsauken or any of its officers, agents or servants may be put by reason of injury to the person or property of others resulting from carelessness in the performance of said work, or through the negligence of the Contractor, or through any improper or defective machinery, implements or appliances used by said Contractor in the aforesaid work or through any act or omission on the part of said Contractor, his agent or agents. This provision applies regardless of whether insurance coverage is provided.

1.33. LIQUIDATED DAMAGES

Should the contractor fail to complete the work contracted for, satisfactory to and acceptable to the Township within 180 calendar days of execution of contract documents by the Township then the Contractor shall pay to the Township as liquidated damages five hundred ($500) dollars per calendar day for each day the contractor is determined to be in default.

The Township shall recover said damages by deducting the amount thereof from any money which may be due or may become due the Contractor.

In case the Contractor shall be delayed due to failure on the part of the Township to furnish anything on its part, or for causes beyond his control, he shall be entitled to such extension of time as in the judgment of the

Township to be fair and just.

1.34. UNIFORMED TRAFFIC CONTROL OFFICERS

At any time during the performance of this contract should the use of uniformed traffic control officers be required, in accordance with NJSA 40A11-23.1, the Township shall provide such officers at its own cost. The contractor shall be responsible for all other aspects of traffic control in accordance with Chapter 276 – 40 through 48 of the Code of the Township of Pennsauken.

1.35. PROHIBITED VENDORS

State Law S-1304, Prohibits State and local public contracts with persons or entities engaging in certain investment activities in energy, finance, or construction sectors of Iran. It is unlawful for Pennsauken Township to contract with vendors that engage in certain activities with Iran. Should Pennsauken Township be made aware that any vendor is involved in these activities during the course of any contract the contract will immediately be voided.

P.L. 2022, c. 3 prohibits the award, renewal, amendment, or extension of State and local public contracts for goods or services with persons or entities engaging in prohibited activities in Russia or Belarus. P.L. 2012, c.25 prohibits the award or renewal of State and local public contracts for goods and services with persons or entities engaged in certain investment activities in the energy or finance sectors of Iran. Before a goods and services contract can be entered into, vendors and contractors must certify that neither they nor any parent entity, subsidiary, or affiliate is listed on the New Jersey Department of the Treasury’s list of entities determined to be engaged in prohibited activities in Russia or Belarus pursuant to P.L. 2022, c. 3 (“Russia-Belarus list”) or in

Iran pursuant to P.L. 2012, c. 25 ("Chapter 25 list").

2. TECHNICAL SPECIFICATIONS

2.1. SCOPE OF WORK

2.1.1. Pennsauken Community Pool Improvements

This project entails the the complete rehabilitation of the Pennsauken Community Pool along with other improvements. The successful contractor will be tasked with making significant improvements to the pool structure as well as the demolition and construction of the pool mechanical room, electrical upgrades, and installing plumbing and other upgrades to the pool complex.

2.2. INSURANCE REQUIREMENTS

1. All Certificates of Insurance must be entered into our electronic system by your broker (we do not want paper certificates). Vendors are not permitted to enter Certificates of Insurance.The information you provide in the Required Information Sheet will be entered into our system. You will then receive an e-mail from the Township which you, in turn, must e-mail to your broker. There is a link in the e-mail which your broker will use to enable him/her to enter your insurance information into our system.

2. The Certificate of Insurance must list Township of Pennsauken as Additional Insured, and the "Addi lnsd" box must be checked in the General Liability section of the certificate. Sample attached. *Should a prospective bidder or vendor not have commercial automobile coverage in their business name, please provide a Hired and Non-Owned Automobile Enforcement to the GL policy.

3. Explanation and date of work, program, or contract being performed for the Township must be entered in the "Description of Operations" section of the Certificate of Insurance.

4. Insurance requirements are listed below.

5. A Hold Harmless Clause, per attached, must be filled in and signed by applicant, and returned to

Docutrax – cfiorito@docutrax.com. This form is also available on the Docutrax portal.

SHOULD YOU HAVE ANY QUESTIONS, PLEASE CONTACT CRYSTAL FIORITO AT 855 747-5866

x717.

Category Description Certificate of

Insurance

Additional

Insured

1 Repair/Minor Contractors/Construction: Contracts up to $50,000Minor

Contractors (50k)

General Liability $500,000

(Occurrence);

$1,000,000

(Aggregate)

Automobile

Liability

$500,000

Workers'

Compensation

Statutory

Employer's

Liability

$500,000

2 Building Contractors/Construction: Contracts up to $1,000,000Building

Contractors (1M)

General Liability $1,000,000

(Occurrence);

$2,000,000

$1,000,000

Workers'

Compensation

Statutory

Employer's

Liability

$1,000,000

Professional

Liability

$1,000,000

Builder's

Risk/Installation

Floater

Amount of

Contract

3 Building Contractors/Construction: Contracts $1,000,000 to

$5,000,000Building Contractors (1M - 5M)

General Liability $1,000,000

(Occurrence);

Excess

Liability/Umbrella

$5,000,000

(Occurrence);

$5,000,000

Workers'

Compensation

Statutory

Employer's

Liability

$1,000,000

Professional

Liability

$1,000,000

Builder's

Risk/Installation

Floater

4 Building Contractors/Construction: Contracts exceeding $5,000,000Building

Contractors (5M+)

General Liability $1,000,000

(Occurrence);

$1,000,000

Excess

Liability/Umbrella

$10,000,000

(Occurrence);

$10,000,000

Statutory

Employer's

Liability

$1,000,000

Professional

Builder's

Risk/Installation

Floater

5 Trade Contractors: Painters, Plumbers, Landscapers, etc. Trade Contractors

General Liability $1,000,000

(Occurrence);

$1,000,000

Workers'

Compensation

Statutory

Employer's

Liability

$1,000,000

6 Environmental Contractors or ConsultantsEnvironmental Contractors

General Liability $1,000,000

(Occurrence);

$1,000,000

Workers'

Compensation

Statutory

Employer's

Liability

$1,000,000

Pollution Liability and/or Asbestos

Pollution Liability and/or Professional

Liability

$1,000,000

(Occurrence);

7 Consultants/Professional Service Providers: Solicitor, Labor Attorney, Auditor, Engineer, Risk Management Consultant, Specified Medical

Practitioners, etc. Professional Service

General Liability $1,000,000

(Occurrence);

$1,000,000

Professional

Liability (other than physicians)

$1,000,000

Medical

Malpractice

(Doctors, Dentists, Psychologists)

$1,000,000

Workers'

Compensation

Statutory

Employer's

Liability

$1,000,000

Sexual Abuse or

Molestation

$3,000,000

Cyber Security and

Privacy Liability

$1,000,000

Technology Errors and Omissions

$1,000,000

8 Suppliers and/or VendorsSuppliers and Vendors

General Liability $1,000,000

Automobile

Statutory

Cyber Security and

Privacy Liability

$1,000,000

Property Insurance Replacement Value

9 Use of Facilities: Private Citizens, Organizations or Non-Business Groups, etc. Use of Facilities

General Liability $1,000,000

10 Towing Contractors

General Liability $1,000,000

Comprehensive

Liability

$1,000,000

Automobile

Liability

$1,000,000

Garage Keepers

Not less than

$100,000

Garage Liability $1,000,000

Endorsement to provide collision coverage for vehicles in tow

11 Event Vendors

General Liability $500,000

Automobile

$500,000

Statutory

Employer's

$500,000

Gun Ranges

General Liability $1,000,000

(Occurrence);

$1,000,000

Workers'

Compensation

Statutory

Employer's

Liability

$1,000,000

Pollution Liability and or Asbestos

Pollution Liability

$1,000,000

(Occurrence);

*Waiver of Subrogation Required

**Limit of $500,000 can be considered for minor engagements

2.3. BID PROPOSAL

TABLE 1

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 Mobilization and Demobilization

(Max Bid $100,000)

1 LS

2 Clearing and Preparation of Site (Max

Bid $100,000)

1 LS

3 Allowance ($50,000) 1 LS

4 Removal of existing Area Lights (To be coordinated with PSE&G)

2 UN

Line Item Description Quantity Unit of

Measure Unit Cost Total

5 Reinforced Concrete Flooring, 8"

Thick (Including Bedding)

500 SY

6 Reinforced Concrete Wall 650 SF

7 Repair Existing Wall (Former

Skimmer Locations)

55 SF

8 Sandblast Remaining Pool Interior to

Bare Pool Shell Concrete

1,100 SY

9 1" Deep Crack Repair (If and where directed)

600 LF

10 Masonry Repair for Depth to 2" or

Less

200 SF

11 30'W X 3.5'H Concrete Stairs 1 UN

12 10'W X 2.5'H Concrete Stairs 2 UN

13 6.25' Dia. X 1.5'H Concrete Stairs 2 UN

14 Concrete Decking, 4" Thick

(Including Bedding)

1,850 SY

15 Splash Park Concrete Play Surface, 6"

Thick (Including 3/8" Rubber Bonded

Surface)

205 SY

16 Epoxy Pool Coating 2,330 SY

17 Bullnose Coping, 1' Wide 890 LF

18 Perimeter Tile, 6" Wide Band 450.25 SF

19 Anti-Slip Pool Tile 400 SF

20 Epoxy Pool Paint 280 SF

21 11' Tall Closed Flume Water Slide

(including feature pump)

1 UN

22 Install Spray Pad Spray Features 1 LS

23 ADA Pool Lift 1 UN

Unit Cost Total

24 0.5-Meter Diving Board 1 UN

25 Stainless Steel Ladder 8 UN

26 Stainless Steel Handrails, 7' Long 4 UN

27 Stainless Steel Handrails, 9.5' Long 4 UN

28 Stainless Steel Handrails, 32' Long 2 UN

29 Pool Lane Divider Anchors 22 UN

30 Pool Lane Dividers 160 LF

31 Install Utility Pole with Area Light 2 UN

32 4' Tall Chain Link Fence 180 LF

33 4' Tall X 4' Wide Chain Link Gate 2 UN

34 Modified 'A' Inlet 4 UN

35 Spray Pad Main Drains 6 UN

36 4" Perforated HDPE Pipe 90 LF

37 6" Trench Drain 130 LF

38 6" HDPE Pipe 100 LF

39 10" HDPE Pipe 30 LF

40 10" SCH. 80 PVC PIPE 70 LF

41 18" Perforated HDPE Pipe 270 LF

42 4' Dia. Doghouse Drop Sanitary

Manhole

1 UN

43 4" HDPE Clean Out 1 UN

44 4" HDPE Pipe 159.5 LF

45 6" HDPE Clean Out 1 UN

Unit Cost Total

46 6" HDPE Pipe 19.8 LF

47 2" Type K Copper Pipe 450 LF

48 2" Water Meter 1 UN

49 2" X 2" X 2" Tee 3 LF

50 2" Gate Valves 2 UN

51 2" Motorized Ball Valve 4 UN

52 2" Back-Flow Preventer 1 UN

53 6"x6"6" Motorized 3-Way Valve 1 UN

54 Underground Water Meter Concrete

Vault (4.5' X 7' X 5')

1 UN

55 Replace Site Irrigation 1 LS

56 Pool Pump Room Equipment and

Installation

1 LF

57 10" Schedule 80 PVC Pipe (including excavation, bedding, backfill and compaction)

220 LF

58 8" Schedule 80 PVC Pipe (including excavation, bedding, backfill and compaction)

250 LF

59 6" Schedule 80 PVC Pipe (including excavation, bedding, backfill and compaction)

1,050 LF

60 4" Schedule 80 PVC Pipe (including excavation, bedding, backfill and compaction)

1,025 LF

61 3" Schedule 80 PVC Pipe (including excavation, bedding, backfill and compaction)

525 LF

Unit Cost Total

62 2" Schedule 80 PVC Pipe (including excavation, bedding, backfill and compaction)

1,150 LF

63 1.5" Schedule 80 PVC Pipe (including excavation, bedding, backfill and compaction)

400 LF

64 1" Schedule 80 PVC Pipe (including excavation, bedding, backfill and compaction)

1,550 LF

65 Return Jets 39 UN

66 Pool Skimmers 36 UN

67 Zero Entry Skimmers 3 UN

68 6" Feature Manifolds 2 UN

69 3' X 6' X 4' Concrete Vault 2 UN

70 Main Drain 2 UN

71 Slide Main Drain 2 UN

72 Connect to Existing Main Drains 2 UN

73 Install Upgraded Electrical Service

(including upgraded overhead wire and utility meter if required)

1 AL

74 Nema 3R Service Entrance Rated

Cold Sequence Disconnect Switch

(400A 240V 3PH 4W)

1 UN

75 New Electric Service Penetration (if required)

1 UN

76 1.5" Schedule 80 PVC Conduit 1,250 LF

77 2" Schedule 80 PVC Conduit 1,000 LF

78 3" Schedule 80 PVC Conduit 120 LF

79 3" Metal Riser Conduit 140 LF

Unit Cost Total

80 Emergency Disconnect Switch and

Mount

1 UN

81 Electric Pull Box 11 UN

82 3'x3' Electric Pull Box 2 UN

83 Site Equipotential Bonding 1 LS

84 Topsoil, Up to 5" Thick 220 CY

85 Hydroseeding 3,225 SY

TOTAL

TABLE 2

Measure Unit Cost Total

86 25' X 25' Shade Structure (includes concrete pad)

TABLE 3

Measure Unit Cost Total

87 Install Zero-Entry Spray Features 1 LS

88 Conveyance Pipe for Spray Equipment 1 LS

89 6" Feature Manifold and Vault 1 UN

TABLE 4

Unit Cost Total

90 25' X 25' Shade Structure (includes concrete pad)

2.4. BID DOCUMENT SUBMISSION CHECKLIST

• Failure to submit the following documents is mandatory cause for the bid to be rejected.

N.J.S.A. 40A:11-23.2

Required with

Submission of Bid?

Yes A bid guarantee as required by N.J.S.A. 40A:11-21

Yes certificate from a surety company, pursuant to N.J.S.A. 40A:11-22 “Consent of Surety”

Yes A statement of corporate ownership, pursuant to N.J.S.A. 52:25-24.2

Yes A listing of subcontractors as required by N.J.S.A. 40A:11-16

Yes If applicable, bidder’s acknowledgement of receipt of any notice(s) or revision(s) or addenda to an advertisement, specifications or bid document(s)

• Failure to submit the following documents may be a cause for the bid to be rejected.

N.J.S.A. 40A:11-23.1b

Required with

Submission of Bid?

Yes Submission of a Non-Collusion Affidavit (this form must be notarized)

Yes Certificate of Authority

Yes Withdrawal of Bid (N.J.S.A. 40A:11-23.3)

Yes A copy of the contractor’s, and subcontractors’ listed, business registration as required pursuant to Section 1 of P.L.2001, c.134(C.52:32-44)

Yes Public Works Contractor Registration Certificate (including all known subcontractors

No Electric or plumbing license as required.

Yes Disclosure Of Investment Activities Iran

Yes Certificate of Non-Debarment

2.5. VENDOR QUESTIONNAIRE

1. Bid Bond*

Please download the below documents, complete, and upload. Example attached.

• BID_BOND_EXAMPLE_PENN.pdf

*Response required

2. Consent of Surety*

Please download the below documents, complete, and upload. Example attached.

• COS_Only.pdf

*Response required

3. Acknowledgement of Receipt of Changes*

Please download the below documents, complete, and upload.

• Addenda_Acknowledgement_Not...

*Response required

4. Statement of Ownership Disclosure*

Please download the below documents, complete, and upload.

• Ownership_Disclosure.pdf

*Response required

5. Listing of Subcontractors AS REQUIRED BY N.J.S.A. 40A:11-16*

Please download the below documents, complete, and upload.

• subcontractor_utilization_f...

*Response required

6. Non-Collusion Affidavit*

Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding.

• Non-Colliusion_Affidavit.pdf

*Response required

7. CERTIFICATE OF INSURANCE - SAMPLE

Please download the below documents, complete, and upload.

• Insurance_Certificate_Examp...

8. Please upload your W9 here*

*Response required

9. Certification of Non-Debarment*

Please download the below documents, complete, and upload.

• Debarment_Certification.pdf

*Response…