SPECIFICATIONS FOR THE

2025 ROAD IMPROVEMENT PROGRAM

NJDOT FY2025 MUNICIPAL AID

TOWNSHIP OF WATERFORD

CAMDEN COUNTY, NEW JERSEY

Prepared for:

TOWNSHIP OF WATERFORD

2131 AUBURN AVENUE

ATCO, NJ 08004

Prepared by:

815 East Gate Drive, Suite 103 Mount Laurel, New Jersey 08054 tel. (856) 235-7170 mail@erinj.com

Glenn J. Hanson, PE NJ Professional Engineer No. 24GE04787700

October 2026 46041 25

TABLE OF CONTENTS

INDEX PAGE

Legal Notice 1 to 3

Division 8, Supplementary Specifications

Section 1, Special Conditions 8-1.1 to 8-1.5

Special Provisions for State Aid Projects 1 to 123

State Funded Attachment 1 1 to 8

State Funded Attachment 2 1 to 7

State Funded Attachment 3 1 to 3

State Funded Attachment 4 1

State Funded Attachment 5 1

State Funded Attachment 6 1

New Jersey Anti-Discrimination Provisions

Pay to Play Advisory

Items to be submitted by all bidders

Form of Proposal FP-1 to FP-3

Bid Document Submission Checklist BD-1 to BD-2

Bid Guarantee BB-1

Ownership Disclosure Form OD-1 to OD-2

List of Subcontractors LS-1

Proof of Licensure, if applicable POL-1

Acknowledgement of Receipt of Changes to Bid Documents Form CBD-1

Plant, Equipment and Experience Statement PE-1 to PE-4

Non-Collusion Affidavit of Prime Bidder NCA-1 Americans with Disabilities Act Equal Employment Opportunity Notice ADA-1

Mandatory Equal Employment Opportunity – Exhibit B EXB-1 to EXB-4

Items to be submitted by successful bidder

Contractor Registration CR-1

Business Registration BR-1

Certification of Non-Debarment For Federal Government Contracts CND-1 to CND-4

Lowest Bidder Prevailing Wage Certification LBC-1

Additionally Submitted Documentation (If Applicable) ASD-1

Initial Project Workforce Report IPW-1

Certificate of Insurance COI-1

Sample Performance Bond PEB-1

Sample Payment Bond PAB-1

TABLE OF CONTENTS (CONT.)

INDEX PAGE

Items to be submitted by successful bidder, end of contract

Sample Maintenance Bond MB-1

Form of Release of Liens- Contractor RLC-1

Form of Release of Liens- Subcontractor RLS-1

Contract Close-Out Checklist CC-1

Agreement A-1 to A-4

Legal Notice

Notice is hereby given by the Township of Waterford that a bid request in accord with N.J.S.A. 40A:11-1

et. Seq. will be received by the Township on October 29, 2026, at 10:00A.M. prevailing time publicly broadcast and recorded on zoom and conducted on electronic platform, in accord with N.J.A.C.

5:34-1 et. Seq., on BIDNET at www.bidnetdirect.com//twpofWaterford

Bid #26-07 2025 Road Improvement Program

Bids shall be electronically uploaded, no physical bids shall be received, opened or honored.

NOTE:

It is the bidder’s responsibility to ensure that the bid package is delivered by the bid opening date and time. Any bid document received after the deadline established by the

Department of Purchasing will not be accepted, regardless of the method of delivery.

Submission of Bid:

If indicated, bid proposals must be accompanied by a certified check, cashier’s check, or bid bond in the amount of ten per centum (10%) of the total amount of the bid, but not in excess of twenty thousand ($20,000) dollars and made payable to Twp of Waterford.

Bid guarantees shall be submitted as follows:

Bid Bonds:

Bid bonds may be submitted electronically through the e-procurement platform, provided the bond is issued by a surety authorized to do business in the State of New Jersey and is verifiable by the contracting unit through the surety provider. No physical original is required at the time of bid submission unless otherwise requested by the contracting unit prior to award.

Certified or Cashier’s Checks:

If a certified check or cashier’s check is submitted in lieu of a bid bond, a copy shall be uploaded with the bid proposal, and the original check must be received by the Office of the Municipal Clerk, 2131 Auburn Ave, Ste A Atco, NJ 08004, prior to the time scheduled for receipt of bids.

Failure to submit a valid bid guarantee in accordance with these requirements may result in rejection of the bid as non-responsive.

Contract documents may be obtained from the bid platform, for zoom opening information contact the Purchasing Agent at:

Sean P. Canning, QPA scanning@TheCanningGroup.org

The Twp of Waterford does not release the project estimate.

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.

Bid Tabulation:

Bid results will be posted on BidNet Direct at www.bidnetdirect.com//twpofwaterford within 24 hours of the bid opening.

The Township of Waterford will award this bid to the lowest responsible bidder in accord with the New Jersey Local Publics Contract Law.

This procurement has been advertised in accordance with the “Fair and Open Basis” and nothing further shall be required under the Pay-to-Play Legislation (N.J.S.A. 19:44A-20.5).

Date: October 15, 2026 Dawn M. Liedtka RMC

Page 8-1.1

DIVISION 8

SUPPLEMENTARY SPECIFICATIONS

SECTION 1

SPECIAL CONDITIONS

8.1.1 DESCRIPTION

It is the intention of these Specifications and Plans to provide and secure the construction of the 2025 Road Improvement Program, NJDOT FY 2025 Municipal Aid, in the Township of Waterford, Camden County, New Jersey complete in every detail as shown or specified, for the prices bid in the Proposal. Division 8, Sections 1, Special Conditions and Supplementary Conditions takes precedence over the conditions and specifications preceding this section included herein. NJDOT Supplemental Specifications, latest revision, are applicable. The roads to be improved under this contract are as follows:

BASE BID

Susan Court – 2150 SY of Milling, 265 Tons of 2” Thick HMA Surface Course paving, 437 LF of Concrete Vertical Curb, 392 LF of Monolithic Concrete Curb & Gutter, 268 SY of 4” Thick Concrete Sidewalk, 217 SY of 6” Concrete Driveway Aprons, ADA ramps, and traffic striping.

ALTERNATE BID NO. I

Albert Court – 1900 SY of Milling, 230 Tons of 2” Thick HMA Surface Course paving, 267 LF of Concrete Vertical Curb, 396 LF of Monolithic Concrete Curb & Gutter, 167 SY of 4” Thick Concrete Sidewalk, 216 SY of 6” Concrete Driveway Aprons, ADA ramps, and traffic striping.

8.1.2 PLANS

The work of this contract is illustrated on drawings prepared by Environmental Resolutions, Inc., entitled: "2025 Road Improvement Program, NJDOT FY2025 Municipal Aid, Susan Court and Albert Court, Township of Waterford, Camden County, New Jersey" Project No.

46041 25, 5 Sheets, dated October 5, 2026 and included with these Specifications.

8.1.3 COMMENCEMENT & TIME FOR COMPLETION

The work of this Contract shall commence within ten (10) calendar days after the issuance of the “Notice to Proceed” and shall be completed within ninety (90) calendar days of commencement. It shall be the Contractor’s responsibility to inform the Engineer forty-eight (48) hours in advance of construction start.

The Contractor shall perform no work of this contract on weekends or holidays unless the prior written consent of the Engineer is obtained. All work shall be performed between the hours of 7:00 AM and 4:00 PM unless the prior written consent of the Engineer is obtained. No work shall be performed after dark.

Page 8-1.2

8.1.4 WATER SUPPLY

The Contractor shall be responsible to provide water, for any purpose, at his own expense.

If the Contractor wishes to obtain water from the Township, permission from the Township Water Department is required.

8.1.5 NEW JERSEY DEPARTMENT OF TRANSPORTATION STANDARD

SPECIFICATIONS

Throughout these specifications, whenever reference is made to "New Jersey Department of Transportation Standard Specifications" it shall mean the "New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction", latest revision.

8.1.6 SOIL EROSION CONTROL

Unless otherwise specifically provided for in this proposal no separate or additional payment will be made for Soil Erosion Control. The Contractor is responsible for complying with Applicable Soil Erosion Control measures for this project.

8.1.7 CUTTING OF SURFACE

Surfaces are to be sawcut along existing structures or surfaces to remain. The Contractor shall sawcut the surface along a neat line to prevent damage to the structure and/or surface to remain and to promote a neat and smooth transition between surfaces. The cost of sawcutting shall be included in the various related items requiring the sawcut edges.

8.1.8 RESTORATION OF SURFACES & STRUCTURES

The Contractor shall repair or replace, in kind, all structures and/or surfaces removed or damaged as a result of his operations. When specific payment for such repair is not provided for in the Proposal, the cost thereof shall be included in the prices bid for the various items scheduled in the Proposal. Specific attention is called to grass areas and stone areas adjacent to the roadway.

Also, any landscaped areas, mailboxes, driveways, bollards, etc. must be replaced in kind.

Disturbed grass areas shall be topsoiled and seeded in accordance with the requirements of Division 7, Section 1 of these Specifications. No additional payment will be made for topsoil and seed restoration and the cost thereof shall be included in the various bid items.

8.1.9 MAINTENANCE OF ADJACENT ROADWAYS

The Contractor shall be responsible for maintaining the cleanliness and condition of all roadways over which construction traffic travels. All adjacent roadways and areas shall be kept clean of construction debris, excess materials and trash generated during construction operations.

8.1.10 MAINTENANCE OF STORM DRAINAGE FLOWS

The contractor shall provide for the uninterrupted flow of storm waters from and through the project area at all times.

Page 8-1.3

8.1.11 ACCEPTANCE OF WORK

Before the work of this project is accepted by the Owner it shall have been inspected and approved by the Engineer.

8.1.12 UTILITY LOCATION

The Contractor shall be responsible for locating all existing structures and utilities, which the Contractor deems necessary, both above and below the ground surface before equipment enters the construction site.

The Contractor shall make final inquiries to Underground Utilities telephone number 1-

800-272-1000 within seven (7) days of entering the site. The Contractor shall coordinate and verify the method of utility locations with the appropriate utility company.

Utility locations shown on the plans are approximate and based on existing information received from utility companies. If a Utility is to be relocated, the Contractor will be responsible for paying all fees required by the Utility Company due to the relocation. The Owner will not be responsible for any down time incurred by the Contractor due to the Utility Company work.

8.1.13 STORAGE OF MATERIALS AND EQUIPMENT

Materials shall be stored to assure the preservation of their quality and fitness. Stored materials, even though approved before storage, may again be inspected prior to their use on the Project. Stored materials shall be located so as to facilitate their prompt inspection. With the approval of the Engineer, portions of the right-of-way within the project area may be used for storage purposes and for the placing of the Contractor plant and equipment. Private property shall not be used for storage purposes without written permission of the owner or lessee. Copies of such written permission shall be furnished to the Engineer prior to storage. Storage sites shall be restored to their original condition at no cost to the Owner.

No specific payment will be made for Storage of Materials and Equipment. The cost thereof shall be included in the prices bid for the various items scheduled in the Proposal.

8.1.14 MOBILIZATION AND DEMOBILIZATION

Mobilization shall consist of preparatory work and operations necessary for the movement of personnel, equipment, supplies and incidentals to the project site, and other work performed or costs incurred prior to commencing work.

Demobilization shall consist of the complete removal of all personnel, equipment, supplies, materials and incidentals from the project site and storage areas. A final cleanup of all areas disturbed or used as part of the project by the Contractor and/or Subcontractor shall be performed as part of the demobilization. This final clean up should include the removal of all rubbish, excess materials, temporary structures and equipment. All work areas shall be left in an acceptable condition and is subject to the Engineer’s inspection and approval.

No specific payment will be made for Mobilization and Demobilization. The cost thereof shall be included in the prices bid for the various items scheduled in the Proposal.

Page 8-1.4

8.1.15 MAINTENANCE AND PROTECTION OF TRAFFIC

No specific payment will be made for maintenance and protection of traffic. The cost

Vehicular Traffic shall be maintained in both directions where possible, along the roadway, at all times when the Contractor is not working. During actual construction operations at least one lane shall be maintained open to vehicular traffic where possible. At no time will the roadway be closed to through traffic. The Township of Waterford would consider local detours to be used during the hours of construction. The Contractor shall provide a detailed plan for the maintenance and protection of traffic. The plan shall be delivered to both the Engineer and the Township Police Department for review and comment.

No excavation shall remain open overnight.

All traffic control equipment shall conform to the Manual on Uniform Traffic Control Devices, latest edition.

If police traffic directors are needed, The Township of Waterford will pay the police department directly. Police control will only be provided if it is deemed necessary by the Township of Waterford.

8.1.16 PREPARATION OF SURFACES

The contractor shall clear the roadway surfaces of all debris, soil, weeds, etc. prior to the start of construction. The engineer will then mark out the proposed concrete repairs for the contractor.

No specific payment will be made for preparation of surfaces. The cost thereof shall be included in the prices bid for the various items scheduled in the Proposal.

8.1.17 PROMPT PAYMENT ACT

The Owner will issue timely payments to Contractors in accordance with the requirements of “The Prompt Payment Act”, N.J.S.A. 2A:30A-1, et. seq. The bidders are hereby notified that Waterford Township, as a public entity, requires all payments to be approved by the Township personnel. The authorization for payments will be made by the Township personnel following receipt of the Engineer’s authorization for payment, and paid during the subsequent payment cycle, not more than 30 days after the receipt of the approval. Disputes regarding whether the Owner has made payments in accordance with the Prompt Payment Act, may be submitted to mediation.

8.1.18 NOTIFICATION OF RESIDENTS

A written notice of proposed paving and concrete operations shall be delivered by the

Contractor to all residences encompassed in the work area. This notice shall contain the date the paving or concrete work is to be done and the Contractor’s name, telephone number and address.

This notice is to be delivered to the residences no later than 24 hours prior to the commencement of paving or concrete work. If the paving or concrete operation is canceled for any reason these notices are to be reissued to all the residences showing the new date of paving or concrete work, again no later than 24 hours prior to the commencement of paving or concrete operations.

Page 8-1.5

The Engineer’s office shall have a copy of this notice to residents in his office 48 hours prior to the start of the paving or concrete work. If the Engineer’s office does not have a valid copy of this notice to the residents at least 48 hours prior to the commencement of paving or concrete work, no paving or concrete work will be allowed to commence until this item is satisfied.

8.1.19 CONSTRUCTION STAKE-OUT

The Contractor shall employ a New Jersey Licensed Surveyor experienced in Construction

Stake-Out to establish line and grade for all of the proposed work. Generally, all work shall be constructed in such a way that existing drainage patterns are maintained and existing ponding areas are eliminated. Prior to construction, the Contractor's Surveyor shall bring to the Contractor's attention any areas where these objectives cannot be met. The Contractor shall, prior to construction, bring these areas to the Engineer's attention for discussion and resolution. Any work built that impedes drainage or otherwise ponds water will be reconstructed at the Contractor's expense. No pay item is provided for Construction Stake-Out, the cost thereof shall be included in the various construction items in the proposal that require Stake-Out.

8.1.20 CONSTRUCTION SEQUENCING

The contractor shall take care when developing the sequencing of the improvements.

Particular consideration shall be given to the scheduling of milling, base repair and base paving items with respect to the weather.

No specific payment will be made for construction sequencing. The cost thereof shall be included in the prices bid for the various items scheduled in the Proposal.

8.1.21 ROADWAY EXCAVATION

Where roadway excavation is required the contractor shall perform the work as described in Division 2, Section 3. No specific payment will be made for roadway excavation. The cost

TOWNSHIP OF WATERFORD Page 1 of 123

State of New Jersey

Department of Transportation

Special Provisions For

State Aid Projects

FY 2019 Edition Revision 43: August 2026

TOWNSHIP OF WATERFORD Page 2 of 123

SPECIAL PROVISIONS

AUTHORIZATION OF CONTRACT

The Contract for this project is authorized by the provisions of local public contracts law, NJSA 40A: 11-1 et seq.

SPECIFICATIONS TO BE USED

The 2019 Standard Specifications for Road and Bridge Construction, of the New Jersey Department of Transportation (Department) as amended herein will govern the construction of this Project and the execution of the Contract.

These Special Provisions consist of the following:

Pages 1 to 130 inclusive.

State wage rates may be obtained from the New Jersey Department of Labor & Workforce Development (Telephone: 609-292-2259) or by accessing the Department of Labor & Workforce Development’s website at https://www.nj.gov/labor/wagehour/wagerate/prevailing_wage_determinations.html. The State wage rates in effect at the time of award are part of this Contract, pursuant to Chapter 150, Laws of 1963 (N.J.S.A. 34:11-56.25 et seq.).

In the event it is found that any employee of the contractor or any subcontractor covered by the contract, has been paid a rate of wages less than the minimum wage required to be paid by the contract, the contracting agency 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 contracting agency for any excess costs occasioned thereby.

GENERAL

All awards shall be made subject to the approval of the New Jersey Department of Transportation. No construction shall start before approval of said award by the New Jersey Department of Transportation. Prior to the start of construction the contractor must submit a Material Questionnaire (SA-11) listing all sources of materials. Any materials used on the project from a non-approved New Jersey Department of Transportation source will be considered non-participating. The contractor is also notified that the District Office, Division of Local Aid and Economic Development must be notified of the construction commencement date at least three (3) calendar days prior to the start of construction.

Award of contract and subletting will not be permitted to, materials will not be permitted from, and use of equipment will not be permitted that is owned and/or operated by, firms and individuals included in the report of suspensions, debarments and disqualifications of firms and individuals as maintained by the Department of the Treasury, Division of Purchase & Property, Contract Compliance & Administration, Trenton NJ 08625 (609-292-5400).

Payment for a pay item in the proposal includes all the compensation that will be made for the work of that item as described in the contract documents unless the "measurement and payment" clause provides that certain work essential to that item will be paid for under another pay item.

Whenever any section, subsection, subpart, or subheading is amended by such terms as changed to, deleted or added it is construed to mean that it amends that section, subsection, subpart or subheading of the 2019 Standard Specifications unless otherwise noted.

Whenever reference to page number is made, it is construed to refer to the 2019 Standard Specifications unless otherwise noted.

Henceforth in this supplementary specification whenever reference to the State, Department, ME, RE or Inspector is made, it is construed to mean the particular municipality or county executing this contract.

Whenever reference to Title 27 is made, it is construed to mean Title 40.

TOWNSHIP OF WATERFORD Page 3 of 123

The following information is located at the end of these Special Provisions:

1. Small Business Enterprise Utilization on Wholly State Funded Projects. (State Funded Project Attachment 1)

2. State of New Jersey Equal Employment Opportunity Special Provisions for Wholly State Funded Projects.

(State Funded Project Attachment 2)

3. Requirements for Affirmative Action to Ensure Equal Employment Opportunity on Wholly State Funded

Projects. (State Funded Project Attachment 3)

4. Investigating, Reporting and Resolving Employment Discrimination and Sexual Harassment Complaints on

Wholly State Funded Projects. (State Funded Project Attachment 4)

5. Payroll Requirements for Wholly State Funded Projects. (State Funded Project Attachment 5)

6. Americans with Disabilities Act Requirements for Wholly State Funded Contracts. (State Funded Project

Attachment 6)

TOWNSHIP OF WATERFORD Page 4 of 123

DIVISION 100 – GENERAL PROVISIONS

SECTION 101 – GENERAL INFORMATION

101.01 INTRODUCTION

THE FOLLOWING IS ADDED:

Pursuant to N.J.S.A. 27:1B-21.6, the Department intends to enter into a contract for the advancement of the Project.

However, sufficient funds for the Project may not have been appropriated, and only amounts appropriated by law may be expended. Payment under the Contract is restricted to the amounts appropriated for a fiscal year (FY).

Governing bodies have no legal obligation to make such an appropriation. There is no guarantee that additional funds will be appropriated. Failure by governing bodies to appropriate additional funds will not constitute a default under, or a breach of, the Contract. However, if the Department terminates the Contract or suspends work because funds have not been appropriated, the parties to the Contract will retain their rights for suspension and termination as provided in 108.13, 108.14, and 108.15; except as indicated below.

Do not expend or cause to be expended any sum in excess of the amount allocated in the current fiscal year's Capital Program (as specified below). The Department will notify the Contractor when additional funding has been appropriated.

Any expenditure by the Contractor which exceeds the amount appropriated is at the Contractor's risk and the Contractor waives its right to recover costs in excess of that appropriated amount.

The approved FY 2025 Municipal Aid Program has an item with $146,946.00 for the construction of the Project.

The Department anticipates that the balance of the funds necessary to complete the Project will be provided during State

FY 2025.

The Federal FY begins October 1 of the previous calendar year, and the State FY begins July 1 of the previous calendar each year.

101.02 ABBREVIATIONS

THE FOLLOWING ARE ADDED:

BOCA Building Officials and Code Administrators International, Inc.

FIA Factory Insurance Association, IAEI, International Association of Electrical Inspectors IAEI International Association of Electrical Inspectors IEEE Institute of Electrical and Electronic Engineers IES Illuminating Engineering Society NBS National Bureau of Standards NECA National Electrical Contractors Association NFPA National Fire Protection Association

101.03 TERMS

THE FOLLOWING TERM IS ADDED:

Full Traffic Access. All work is complete to allow safe unencumbered use of the final paved portion of roadway throughout the project including but not limited to striping, RPMs, rumble strips, highway lighting, and traffic signals as determined by the RE.

Completion. When all of the following have occurred:

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PART (1) IS CHANGED TO:

1. The Work has been satisfactorily completed in all respects according to the Contract including landscaping Items listed in 811.04, removal of SESC measures, FINAL CLEANUP, and repair of unacceptable work.

THE FOLLOWING TERMS ARE ADDED:

AGREEMENT, the written agreement between the OWNER and the CONTRACTOR covering the Work to be performed;

other Contract Documents are attached to the Agreement and made a part thereof as provided therein.

BIDDER, an individual, firm, partnership, or corporation, acting directly or through a duly authorized representative, legally submitting a Bid.

BID PROPOSAL QUANTITY, the quantity indicated in the bid proposal less the quantities designated in the project plans as "If and Where Directed".

BONDS, Bid, performance and payment bonds and other instruments of security.

CHANGE ORDER, a written order to the CONTRACTOR signed by the OWNER authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after the Effective Date of the Agreement.

CONTRACT PRICE, the moneys payable by the OWNER to the CONTRACTOR under the Contract Documents as stated in the Agreement.

CONTRACT TIME, or Time for Completion, the number of days or the date stated in the Agreement for the completion of the Work.

CONTRACTOR, the party of the second part to the Contract, acting directly or through agents or employees, who is primarily liable for the acceptable performance of the Project and for the payment of all obligations pertaining to the Project.

DAY, a calendar day of twenty-four hours measured from Midnight to Midnight.

DEFECTIVE, an adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents or does not meet the requirements of any inspection, test or approval referred to in the Contract Documents, or has been damaged prior to the ENGINEER'S recommendations of final payment.

DIFFERING SITE CONDITIONS, the physical conditions at the contract work site that are subsurface or otherwise concealed and which differ materially from those indicated in the contract documents or are of such an unusual nature that the conditions differ materially from those ordinarily encountered and generally recognized as inherent in the work of the character provided for in the contract.

DRAWINGS or PLANS, the drawings which show the character, scope, and detail of the Work to be performed and which have been prepared or approved by the ENGINEER and are referred to in the Contract Documents.

EFFECTIVE DATE OF THE AGREEMENT, the date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver.

ENGINEER, the Engineer or Engineers designated by the Owner to provide engineering services in connection with the Project, or the agents, servants, and employees of such Engineer.

GENERAL REQUIREMENTS or GENERAL CONDITIONS, Sections of Division 1 of the Specifications.

MATERIALS, all raw or prepared materials and manufactured or fabricated products entering into the finished Project.

TOWNSHIP OF WATERFORD Page 6 of 123

MATERIAL CHANGE, a character change which increases or decreases the Contractor's cost of performing 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.

MODIFICATION, (a) a written amendment of the Contract Documents signed by both parties, (b) a Change Order, or (c) a Field Order. A modification may only be issued after the effective date of the Agreement.

MUNICIPALITY, the political subdivision of the State within which the work is to be performed.

NOTICE OF AWARD, the written notice by the Engineer, pursuant to the direction of the Owner, to the apparent successful Bidder stating that upon compliance by the apparent successful Bidder with the condition’s precedent enumerated therein, within the time specified, the OWNER will sign and deliver the Agreement.

NOTICE TO PROCEED, a written notice given by the Engineer, to the CONTRACTOR fixing the date on which the Contract Time will commence to run and on which the CONTRACTOR shall start to perform his obligation under the Contract Documents.

OWNER, the party of the first part to the Contract, acting directly or through agents or employees and is responsible for payment to the Contractor upon acceptable completion of the Work in accordance with the terms and conditions contained in the Contract Documents. May be considered interchangeable with Department.

PROPOSAL DOCUMENTS or BID DOCUMENTS, all documents as set forth in Division 1, Section 2, Information For Bidders and the Supplemental Specifications, as required by the Owner to fully evaluate the Bid and qualifications of the Bidder, which shall include but not be limited to the following in the proper, prescribed form: Bid, Bid Guarantee, Consent of Surety and Plant, Equipment and Experience Statement.

RESIDENT PROJECT REPRESENTATIVE, the authorized representative of ENGINEER who is assigned to the site or any part thereof.

SHOP DRAWINGS, all drawings, diagrams, illustrations, schedules and other data which are specifically prepared by the CONTRACTOR, a Subcontractor, manufacturer, fabricator, supplier or distributor to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a manufacturer, fabricator, supplier or distributor and submitted by the CONTRACTOR to illustrate material or equipment for some portion of the Work.

STANDARD SPECIFICATIONS, sections of all Divisions which have been incorporated into this Contract excluding General Conditions and Supplementary Specifications, including any Modifications or Addenda associated thereto.

SUCCESSFUL BIDDER, the lowest, qualified, responsible Bidder to whom the Owner, based on his evaluation of the Bids, makes award of the Contract.

THE FOLLOWING IS OMITTED:

Federal Aid Project. Any agreement or modification thereof between NJDOT and any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Federal government or borrowed on the credit of the Federal government pursuant to any program involving a grant, contract, loan, insurance or guarantee under which the NJDOT itself participates in the construction work.

Federal Aid Project Attachments. Attachments to the Contract Special Provision document, used for Federal Aid Projects.

ADD THE FOLLOWING TERM:

TOWNSHIP OF WATERFORD Page 7 of 123

Wholly State Funded Project: Any agreement, contract or modification thereof between local public agencies and a person for construction work which is paid for in whole or in part with funds obtained from the State government or borrowed on the credit of the State government pursuant to any program involving a grant agreement, contract, loan, insurance or guarantee. This term excludes any agreement, contract or modification for construction work which is paid for in whole or in part with funds obtained from the Federal government.

REVISE THE FOLLOWING TERM:

actual cost: The computed cost using calculations of direct labor, labor fringe benefits, indirect labor costs, insurance, materials, extraordinary expenses, equipment, profit, overhead, and subcontractors.

101.04 INQUIRIES REGARDING THE PROJECT

2. After Award of Contract.

Environmental Resolutions, Inc.

G. Jeffrey Hanson, PE, CME, Township Engineer 815 East Gate Drive, Suite 103 Mount Laurel, NJ 08054 Telephone: 856-235-7170

THE FOLLOWING SUBSECTIONS ARE ADDED:

101.05 GIVING NOTICE

Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice, or sent by facsimile with confirmation.

101.06 SPECIFICATIONS INCORPORATED BY REFERENCE

Whenever, in these Specifications, other specifications or standards are referred to as criteria for materials to be used or work to be performed, the cited portions of such other specifications or standards shall be deemed to be incorporated herein in their entirety, and they shall have the same force and effect as if they were reproduced herein, in full. The Contractor's lack of knowledge of any part of such other Specifications or standards shall in no way relieve him of his obligation to conform to all the requirements thereof.

SECTION 102 – BIDDING REQUIREMENTS AND CONDITIONS

102.01 QUALIFICATION TO BID

THE FIRST PARAGRAPH IS CHANGED TO:

The Bidder is an individual, firm, or corporation submitting a bid for the advertised Work. The Department will not accept bids from Bidders who fail to meet all of the following criteria:

1. The Bidder has been prequalified according to regulations covering the Classification of Prospective Bidders as required by N.J.S.A. 27:7-35.1, et seq.

2. Before the receipt of the bid or accompanying the bid, the Bidder has disclosed ownership as required by N.J.S.A. 52:25-24.2.

3. At the time the bid is delivered, the Bidder has an effective maximum and project ratings of not less than the amount of its bid.

4. If the Bidder is a corporation not incorporated in the State, the Bidder has been authorized to do business in the State as required by N.J.S.A. 14A:15-2, et seq.

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5. For wholly State Funded Projects, the Bidder has a valid, current registration with the New Jersey Department of Labor, Division of Wage and Hour Compliance as required by “Public Works Contractor Registration Act,” N.J.S.A. 34:11-56.48, et seq.

THE FOLLOWING IS ADDED:

In accordance with the Official Advertisement, Proposals will be received for the performance of the Project, the designation of which is stated in the Official Advertisement, which shall be that which has published in the Official Publication of the Owner. The Official Advertisement for bids will appear in newspapers not less than ten (10) working days before the bid opening. Any notices of revisions or addenda to the Official Advertisement or bid documents will be outlined in accordance with N.J.S.A. 40A:11-23. The Owner and the Engineer assume no responsibility for any errors or omissions of a reproduction of the Official Advertisement produced by a third party. Proposals are requested on the items stated in the Form for Proposal for the Project. The prices bid shall cover all costs of any nature, incident to and growing out of the work.

To enable the Owner to judge the fitness and ability of the Bidder to perform the Work, each Bidder must submit a Plant, Equipment and Experience Statement on the form provided, together with his Proposal. Such statement shall demonstrate

(1) the Bidder's previous experience and ability to perform similar type work, (2) adequate manpower and equipment available to complete the Work within the time specified in the Supplementary Specifications, (3) the Bidder's current financial ability to undertake the Work, and (4) the Bidder's qualifications and authority to do business within the State and local jurisdiction where the Project is located. Where a Bidder lacks the legal authority to do business within the State or local jurisdiction where the Project is located, he shall provide a Notarized Affidavit whereby he covenants to obtain such authority prior to award of the Contract.

Each bidder must complete, sign, seal and submit with his bid the Ownership Disclosure form, in accordance with N.J.S.A.

52:25-24.2. Failure to do so will automatically result in rejection of the bid.

102.02 BIDDER REGISTRATION AND DOWNLOADING OF THE PROPOSAL DOCUMENTS

SHALL BE REMOVED AND REPLACED WITH THE FOLLOWING:

102.02 COPIES OF PROPOSAL DOCUMENTS

Complete sets of the Proposal Documents in the number and for the price if any, stated in the Advertisement or Invitation may be obtained from the issuing office designated in the Advertisement. The Owner and the Engineer assume no responsibility for any errors or omissions of a reproduction of the Official Proposal documentation produced by a third party.

Complete sets of Bidding Documents shall be used in preparing Proposals; neither the Owner nor the Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Proposal Documents.

The Owner and the Engineer in making copies of Proposal Documents available on the above terms do so only for the purpose of obtaining Proposals on the Work and do not confer a license or grant for any other use.

102.04 EXAMINATION OF CONTRACT AND PROJECT LIMITS

Project Manager: G. Jeffrey Hanson, PE, CME Email Address: ghanson@erinj.com Mailing Address: Environmental Resolutions, Inc.

815 East Gate Drive, Suite 103 Mount Laurel, NJ 08054

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On request the Owner will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his Proposal.

102.05 INTERPRETATION OF QUANTITIES IN THE PROPOSAL

SHALL BE RENAMED TO:

102.05 INTERPRETATIONS

THE FOLLOWING IS ADDED:

On the Drawings, figured dimensions shall govern in case of discrepancy between scaled and figured dimensions. If any discrepancy is found between the Drawings and the Specifications, the decision of the Engineer shall govern. The Engineer shall have the right to correct apparent errors or omissions in the Drawings and Specifications and to make such interpretations as he deems necessary for the proper fulfillment of the intent of the Drawings and Specifications.

Prospective bidders shall have the right to request interpretations in accordance with 102.13.

Notice of revisions or addenda to advertisements or bid documents relating to bids shall be provided no later than seven

(7) days, Saturdays, Sundays, and holidays excepted, prior to the date for acceptance of bids, to any person who has submitted a bid or received a bid package in the following ways: i) in writing by certified mail or ii) by certified facsimile transmission, meaning that the sender’s facsimile machine produces a receipt showing date and time of transmission and that the transmission was successful or iii) by a delivery service that provides certification of delivery to the sender. Only questions answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

102.06 ESTIMATE OF QUANTITIES

THE FOLLOWING IS ADDED:

The estimated quantities listed in the Form for Proposal are approximate; the actual quantities may be greater or less.

Payment will be made only for the actual quantity of authorized Work done under each scheduled item.

102.07 PREPARATION OF THE BID

OMIT THE LAST TWO PARAGRAPHS OF THIS SECTION FOR WHOLLY STATE FUNDED PROJECTS

102.09 PROPOSAL BOND

REMOVE THIS SECTION AND REPLACE WITH:

Each Bidder shall submit with his Proposal a guarantee payable to the Owner, that if the Contract is awarded, he will execute the Agreement and will furnish any performance bonds or other security required as a guarantee or indemnification.

The Proposal Security shall be in the form of a certified check, cashier's check or a Bid Bond issued by a Surety meeting the requirements 151.03.01. The total amount of the Proposal Security shall be not less than 10% of the Total Price Bid, but not in excess of $20,000.00. Cash or negotiable securities will not be accepted.

The Proposal Security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required Contract Security, whereupon it will be returned; if the successful Bidder fails to execute and deliver the Agreement and furnish the required Contract Security within ten (10) days of the Notice of Award, the Owner may annul the Notice of Award and the Proposal Security of that Bidder will be forfeited. All bid security, except the security of the three apparent lowest responsible bidders, shall be returned unless otherwise requested by bidder, within ten (10) days after the opening of the bids, Sundays and holidays excepted, and the bids of such bidders shall be considered

TOWNSHIP OF WATERFORD Page 10 of 123 withdrawn. Within three days, Sundays and holidays excepted, after the awarding and signing of the contract and the approval of the contractor's performance bond, the bid security of the remaining unsuccessful bidders shall be returned to them.

102.10 SUBMISSION OF THE BID

THE SECOND PARAGRAPH IS CHANGED TO:

The Bidder shall ensure delivery of its bid with all required components and attachments, including, but not limited to the following:

1. Schedule of Items.

2. Form of Proposal with Bidder’s Certification.

3. For wholly State Funded contracts, acknowledgement of compliance with the registrations specified in 102.01.

4. Proposal Bond form.

5. Other related documents as specified in the Contract.

6. For Projects subject to the New Jersey Prevailing Wage Act, N.J.S.A. 34:11-56.25 to .98, an acknowledgement that the Bidder accounted for the prevailing wage rate in their bid pricing and that the Bidder agrees to pay the prevailing wage rate if awarded the Contract.

7. Each Bidder shall submit, along with his Proposal, a "Consent of Surety" issued by a Surety meeting the requirements of 151.03.01. Such "Consent of Surety" shall certify that if the Contract is awarded to the stated Bidder, the surety company will provide a performance and payment bond as required in 151.03.01 in a sum not less than the Total Price Bid for the Project. The Surety Company shall be listed on the Department of the Treasury's Listing of Approved Sureties (Dept. Circular 570).

8. Each Bidder shall execute and submit with his Bid a Non-Collusion Affidavit in the form provided herein to the affect that he has not in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person (1) to submit a collusion or sham Bid in connection with the Contract; (2) to refrain from bidding on this Contract; (3) to fix the price or prices of the Bid or any portion thereof including overhead, profit and other cost elements; or (4) to secure any advantage against the Owner or any other person interested in the proposed Contract. This form is provided at Page NCA-1.

THE FOLLOWING IS ADDED AT THE END OF THE SUBSECTION:

By submitting its bid to the Department, the Bidder warrants that no person or selling agency has been employed or retained by the Bidder to solicit or secure such Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by the Bidder for the purpose of securing business, for the breach or violation of which warranty the Department shall have the right to annul such Contract without liability or in its discretion to deduct from the contract price or consideration the full amount of such commission, percentage, brokerage or contingent fee as required by N.J.S.A. 52:34-15.

No official, agent, employee, or representative of the Owner who exercises any function or responsibilities in connection with the Project to which the Contract pertains shall have any direct or indirect interest in this Contract or the proceeds thereof.

The Contractor shall include or cause to be included in all subcontracts and lower tier subcontracts under this Contract clauses the provisions of the foregoing paragraphs under this Article.

The Form for Proposal is attached hereto; additional copies may be obtained from the Engineer.

The Form of Proposal must be completed in ink or by typewriter. If completed in ink, all items must be printed clearly and legibly. The Bidder shall state in his Proposal the price per unit of measure, or the lump sum price, for each scheduled item of work, for which he will agree to carry out the work, as well as the Total Price Bid for the performance of the Project as determined by multiplying each estimated quantity by the price per unit of measure bid therefore, and adding, together with any lump sum prices, the resulting amounts.

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No alternate bids will be considered unless alternate bids are specifically requested and provided for in the Form for Proposal.

Before award is made to a Bidder who is not a resident of the State of New Jersey, such Bidder shall designate a proper agent in the State of New Jersey on whom service can be made in event of litigation.

Proposals by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.

Proposals by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature.

All names must be typed or printed below the signature.

The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which shall be filled in on the Bid Form).

The name of the individual, his address and telephone number to which communications regarding the Proposal are to be directed must be shown.

Bids shall be submitted at the time and place indicated in the Advertisement and must be enclosed in an opaque sealed envelope, marked with the Project title and name and address of the Bidder, and accompanied by the Bid Security and other required documents. If the Proposal is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "PROPOSAL ENCLOSED" on the face thereof.

102.11 WITHDRAWAL OF BIDS

THE FOLLOWING IS ADDED:

Proposals may be modified or withdrawn by an appropriate document duly executed (in the manner that a Proposal must be executed) and delivered to the place where Proposals are to be submitted at any time prior to the opening of Proposals.

THE FOLLOWING SUBSECTION IS ADDED:

102.11.01 Withdrawal of Proposal After Opening of Proposals

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 the Municipal Clerk. 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. 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.

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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.

102.12 PUBLIC OPENING OF BIDS

SHALL BE REMOVED AND REPLACE WITH THE FOLLOWING:

Proposals will be opened publicly and read aloud on the date and at the time and place specified in the Advertisement.

Only those Proposals which have been properly completed, executed and submitted in the manner prescribed and accompanied by an acceptable Proposal Security and other required documentation will be accepted and read aloud. A Summary of Proposals will be made available within five (5) days after the opening of bids.

102.13 CONSIDERATION OF BIDS

THE FOLLOWING IS ADDED:

The Owner reserves the right to reject any and all Proposals, to waive any and all informalities, the right to disregard all nonconforming, nonresponsive, or conditional Proposals, and to consider as unqualified any Bidder who does not habitually perform with his own forces the major portion of the work involved with the construction of the improvements embraced in this Contract.

For the purpose of comparison of Proposals received, the actual unit prices bid times the proposal quantities, correctly extended and summed shall govern. If any errors are found, the Total Price Bid will be corrected. Proposals will be compared based on corrected Total Price Bid.

In evaluating Proposals, the Owner shall consider the qualifications of the Bidders, whether or not the Proposals comply with the prescribed requirements and alternates and…