woodbridge 00-WOOD00524-Docks-Dredge-Specs-FULL_Rebid.pdf

BID SPECIFICATIONS

For

UP SMITH’S CREEK COMMUNITY COMPLEX

DREDGING PROJECT

For the

TOWNSHIP OF WOODBRIDGE

IN THE

COUNTY OF MIDDLESEX

Prepared for

John E. McCormac, MAYOR

C O U N C I L M E M B E R S

Sharon McAuliffe, Council President, First Ward

Cory Spillar, Councilman, Third Ward

Howie Bauer, Councilman-Second Ward

Virbhadra N. Patel, Councilman, Fourth Ward

Debbie Meehan, Councilwoman, Fifth Ward

Lizbeth DeJesus, Council Vice President-at Large

Kyle Anderson, Councilman-at-Large

Brian Small, Councilman-at-Large

Daniel Harris, Councilman-at-Large

A u g us t 1 2 , 20 2 6

Prepared By

(Engineer’s Signature)

Charles P. Cunliffe, P.E., P.P., C.M.E.

NJ PE #GE053690

11 Tindall Road, Middletown, NJ, 07748

T & M P R O J E C T N U M B E R : W O O D - 0 0 5 2 4

TA BLE OF C O NTE N TS

N O T I C E T O B I D D E R S 3

T H E I N T R O D U C T I O N 4

A R T I C L E 1 : D E F I N I T I O N S 4 A R T I C L E 2 : C O N T R A C T D O C U M E N T S 6

T H E B I D P A C K E T P R O C E D U R E S 8

A R T I C L E 3 : B I D P A C K E T I N S T R U C T I O N S 8 A R T I C L E 4 : B I D P A C K E T S U B M I S S I O N S 1 1

T H E C O N T R A C T P R O C E D U R E S 1 4

A R T I C L E 5 : A W A R D O F C O N T R A C T 1 4 A R T I C L E 6 : C O N T R A C T P R O C E D U R E S 1 6 A R T I C L E 7 : N O T I C E T O P R O C E E D 2 9 A R T I C L E 8 : C O N T R A C T M O D I F I C A T I O N S 3 0

T H E W O R K P R O C E D U R E S 3 4

A R T I C L E 9 : L A Y I N G O U T T H E W O R K 3 4 A R T I C L E 1 0 : R O L E S T H R O U G H O U T P R O J E C T 3 6 A R T I C L E 1 1 : P R O S E C U T I O N O F T H E W O R K 3 9 A R T I C L E 1 2 : I N S P E C T I O N A N D T E S T I N G P R O C E D U R E S 4 7 A R T I C L E 1 3 : M I S C E L L A N E O U S P R O V I S I O N S 4 9

S P E C I A L P R O V I S I O N S 5 0

N J D E P W A T E R F R O N T D E V E L O P M E N T P E R M I T ( I N - W A T E R ) 5 0 U S A C E - N Y D I S T R I C T I P 5 0

F O R M S 5 3

B I D P A C K E T 5 4 C O N T R A C T 8 4

T E C H N I C A L S P E C I F C I A T I O N S T A B L E O F C O N T E N T S 9 7

N OT IC E T O BIDDERS

A N O T I C E I S H E R E B Y G I V E N that sealed Bid Packets will be received by the Purchasing Agent, Jennifer

Burns, Purchasing Department for the Township of Woodbridge, County of Middlesex County, State of New Jersey on

Wednesday, August 26, 2026 at 10:00AM prevailing time at the Township of Woodbridge Memorial Municipal Building, 1 Main Street, Woodbridge, New Jersey at which time and place the Bid Packets will be publicly unsealed and its contents announced in public for UP SMITH’S CREEK COMMUNITY COMPLEX DREDGING PROJECT

The scope of Work contemplated for the above-named Project includes the dredging of boat slips, removal of mooring piles, and removal and resetting of floating dock and associated utility connections along Up Smith’s Creek, as well as all other Work of any type or description necessary for contemplation of the Project, whether or not specifically described in these Contract Documents. All Work on this Contract shall be completed within sixty (60) Calendar Days from Notice to Proceed.

Contract Documents and Plans for the proposed Work, which have been prepared by Charles P. Cunliffe, P.E., P.P., C.M.E. of the firm of T&M Associates will be made available electronically via the Township of Woodbridge’s bid portal at https://www.bidnetdirect.com/new-jersey/twpwoodbridge.

Questions: Prospective bidders are strongly encouraged to visit the project site prior to submitting a bid to become familiar with existing site conditions, access constraints, and all other factors that may affect the performance and cost of the Work. All questions during the bidding period shall be directed to the Engineer listed in the bid documents. The deadline for questions is Monday, August 17, 2026, at 4:00PM.

The provided Bid Packet must be completed in the manner designated in the Contract Documents, must be enclosed in a sealed envelope bearing the name and address of the Bidder and the name of the Project on the outside and must be addressed to the Township of Woodbridge. Also, Bid Packets must be accompanied by a Statement of

Consent of Surety from a surety company holding a Certificate of Authorization to do business in the State of New Jersey and either a Bid Bond or a Certified Check drawn to the order of “Township of Woodbridge” for not less than ten percent

(10%) of the total bid price amount, except that the check shall not exceed $20,000.00. The successful Bidder is hereby notified that a Performance and Payment Bonds for the full amount of this Project is required.

The award of the Contract for this Project will not be made until the necessary funds have been provided by the

Township of Woodbridge in a lawful manner. By virtue of Executive Order #34 (1976), vendors currently suspended, debarred, or disqualified are excluded from participating on this project.

The successful Bidder shall be required to comply with the applicable statutory requirements of the Contract

Documents and Plans which include all of the following: (i) N.J.A.C. 17:27; (ii) N.J.S.A. 10:5-31 et seq.; (iii) Business

Registrations (N.J.S.A. 52:32-44); (iv) Prevailing Wage Act (N.J.S.A. 34:11-56.25, et seq.); (v) Public Work Contractor

Registration (N.J.S.A. 34:11-56.48); and (vi) Affirmative Action Requirements (N.J.S.A. 10:5-1, et seq.); and any other legal requirements applicable to this Project.

The Township of Woodbridge intends to award this Project to the lowest responsible and responsive Bidder in accordance with applicable law. The Township of Woodbridge reserves the right to reject any and all Bid Packets to the extent permitted by law. An award will be made, or Bid Packets will be rejected within sixty (60) Calendar Days after the opening of the Bid Packets, during which time the Bid Packets shall be irrevocable and unavailable to withdraw by

Bidders, unless otherwise extended in the Contract Documents.

By Order of the Mayor and Council of Township of Woodbridge

CASEY WAGNER, BUSINESS ADMINISTRATOR

JENNIFER BURNS, PURCHASING AGENT

Publication Date: August 12, 2026

T HE INTRO DUC TIO N

The headings of the sections herein and in other parts of these Contract Documents are for convenience of reference only and shall have no bearing on their interpretation.

A R T I C L E 1 : D E F I N I T I O N S Whenever in these Contract Documents the following defined terms in place of them are used, their intent and meaning shall be as follows:

1.1.1 A d d e n d a : Written amendments or changes to the Contract Documents acknowledged by the parties during the pre-Bid process.

1.1.2 B i d d e r : Any individual, firm or corporation submitting a Bid Packet for the Work contemplated, acting directly or through a duly authorized representative.

1.1.3 B i d P a c k e t : The forms which shall be reviewed, completed and submitted by the Bidder.

1.1.4 B i d P r o p o s a l : The form on which the Bidder will submit its bid prices for the Work contemplated.

1.1.5 Bid Proposal Quantity: The quantity indicated in the Bid Proposal less the quantities designated in the project plans as “if and where directed.”

1.1.6 B u s i n e s s D a y : Any day of the year exclusive of Saturdays, Sundays, and Legal Holidays.

1.1.7 C a l e n d a r D a y : Any day of the year including weekdays, Saturdays, Sundays, and Legal Holidays.

1.1.8 C h a n g e O r d e r : A written order recommended by the Engineer, which is signed by the Contractor and the Owner authorizing an addition, deletion, or revision of the Work, or an adjustment of the contract sum or contract term.

1.1.9 C l a r i f i c a t i o n : Written interpretation issued by the Engineer.

1.1.10 C l e r k : The Clerk of the governing body, if the Owner is a County or Municipality.

1.1.11 C o n t r a c t : The fully executed Agreement covering the performance of the Work and the furnishing of materials in the construction of the Work.

1.1.12 C o n t r a c t D o c u m e n t s : The Notice to Bidders, the public advertisement, the Introduction, the Bid

Packet Procedures, the Bid Packet Forms, the Contract Procedures, the Contract Forms, the Work

Procedures, the Approved Submittals, Special Provisions, Specifications, Plans, Standard and

Supplementary Specifications, Change Orders, Addenda and Clarifications.

1.1.13 C o n t r a c t o r : The successful Bidder that executes the Contract with the Owner.

1.1.14 Differing Site Conditions: Physical conditions at the 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 provide for in the Contract.

1.1.15 E n g i n e e r : The professional engineering representative of the Owner, duly authorized to represent the

Owner in the execution of the Work covered by the term “Engineer” refer to an engineering company or an individual engineer and their authorized representatives.

1.1.16 F i n a l C o m p l e t i o n : The date as certified by the Engineer when (i) the Contractor has completed the construction of the Project and all punch list items in a neat and workmanlike manner; (ii) the Contractor has fulfilled and satisfied all obligations to the Owner and the Project in accordance with the Contract

Documents; (iii) the Owner has accepted all Work performed by the Contractor; and (iv) final payment to the Contractor is due.

1.1.17 I n s p e c t o r : An authorized representative of the Engineer assigned, under the supervision of the

Engineer, to the inspection of the Work.

1.1.18 Material Change: A character change which increases or decreases the Contractor’s cost of performing the Work, increases or decreases the amount of time by which the Contractor completes the Work in relation to the contractually required completion date, or both.

1.1.19 O w n e r : A public body or authority, association, partnership, corporation or individual for whom the Work is to be performed.

1.1.20 P l a n s : All drawings, signed and sealed drawings, details, blueprints, sketches or reproductions of such, pertaining to the construction of the Project.

1.1.21 P r o j e c t : The entire Work to be performed as set forth in the Contract Documents in a manner satisfactory to the Owner.

1.1.22 S i t e / S i t e o f W o r k : The Project’s location or area at which the Work will be performed by the

Contractor.

1.1.23 S p e c i f i c a t i o n s : The directions, provisions and requirements contained herein, together with all written agreements pertaining to the method and manner of performing the Work, or to the quantity or quality of materials to be furnished under the Contract.

1.1.24 S u b c o n t r a c t o r : An individual, firm, or corporation having a direct contract with the Contractor or with any other subcontractor for the performance of any part of the Work.

1.1.25 S u b m i t t a l s : All drawings, shop drawings, charts, cut sheets, diagrams, illustrations, brochures, schedules, and other data which are prepared by the Contractor, Subcontractor, manufacturer, supplier or distributor and which illustrate the equipment, material, or some portion of the Work.

1.1.26 S u b s t a n t i a l C o m p l e t i o n : As further defined in S U B S E C T I O N 6 . 2 , the date as certified by the Engineer when the construction of the Project or a specified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project or specified part can be utilized for the purposes for which it was intended; or if there is no such certification, the date when final payment is due in accordance with the Contract.

1.1.27 W o r k : Any and all obligations, duties, and responsibilities necessary to the successful completion of the Project under the Contract Documents, including the furnishing of all labor, materials, equipment and other incidentals.

1.1.28 W o r k i n g D a y : A calendar day exclusive of Saturdays, Sundays, and Legal Holidays, on which, in the sole opinion of the Engineer, weather and working conditions permit the Contractor to make effective use of not less than one-half of its normal current daily man-hours.

A R T I C L E 2 : C O N T R A C T D O C U M E N T S

SECTION 2.1: INTENT

2.1.1 C O M P L E T E P R O J E C T . The intention of the Contract Documents is to describe the complete Project to be constructed in accordance with all the requirements therein notwithstanding that each and every item required may not be shown on the drawings or mentioned in the Specifications. The Contract

Documents comprise the entire agreement between the Owner and the successful Bidder and may be amended as described herein.

2.1.2 C O M P L E M E N T A R Y . The Contract Documents are complementary, and what is required by any one of such documents shall be as binding as if mentioned by all.

2.1.3 U S E I N P R E P A R A T I O N O F B I D P A C K E T S . Bidders shall use the complete sets of Contract

Documents in preparing Bid Packet. Neither the Owner nor the Engineer assumes responsibility for any errors or misinterpretations resulting from the use of incomplete sets of Contract Documents.

SECTION 2.2: SEQUENCE OF PRECEDENCE

In case of conflict between the various parts of the Contract Documents, they shall be interpreted (a) to require the higher, in terms of quality of materials and workmanship, of the possible interpretations; and (b) in accordance with this sequence of precedence with the highest listed first:

1) Change Orders

2) Clarifications

3) The Contract

4) Addenda

5) Approved Submittals

6) Details

7) Plans

8) Special Provisions

9) Supplementary Specifications

10) Standard Specifications (Technical Only)

In case of discrepancies between calculated and scaled dimensions on the Plans, the calculated dimensions shall govern.

SECTION 2.3: OWNERSHIP

All Contract Documents and copies thereof are furnished by the Engineer for use only on the Project described herein and, with the exception of those sets which have been signed in connection with the execution of the

Contract, shall at all times remain the property of the Engineer. The Contract Documents shall not be used in connection with any other project. Except for use as intended in connection with the Project, the Engineer shall own an exclusive copyright.

SECTION 2.4: CHALLENGES MADE BY BIDDERS

Bidders are expected to examine the Specifications and related Contract Documents with care and observe all their requirements. Ambiguities, errors or omissions noted by the Bidders should be promptly reported in writing to the Engineer. Any prospective Bidder who wishes to challenge the Specifications shall file such challenges in writing with the Owner and/or Engineer no less than three (3) business days prior to the opening of the Bid

Packets. Challenges filed after that time shall be considered void and having no impact on the Owner or Engineer of the award of this Contract pursuant to N.J.S.A. 40A:11-13. In the event the Bidder fails to notify the Owner of such ambiguities, errors or omissions, the Bidder shall be bound by the requirements of the Specifications and the Bidder’s submitted Bid Packet.

SECTION 2.5: PRE-BID INTERPRETATION AND ADDENDA

2.5.1 No oral interpretation and/or clarification of the meaning of the Contract Documents will be made to any

Bidder. Any interpretation or clarification requested by a Bidder shall be in writing, addressed to the

Engineer. In order to be given consideration, a written request must be received by the Engineer according to the procedures outlined in the Special Provisions.

2.5.2 All interpretations, clarifications and any supplemental instructions issued by the Engineer will be in the form of written Addenda to the Plans or Specifications, and will be distributed to all prospective Bidders.

All Addenda so issued shall become part of the Specifications and Contract Documents, and shall be acknowledged by the Bidder in the Bid Packet.

2.5.3 When issuing Addenda, the Owner shall provide required notice prior to the official receipt of Bid Packets or who has received a Bid Packet pursuant to N.J.S.A. 40A:11-23(c).

T HE BID PAC KE T PROC E DURE S

A R T I C L E 3 : B I D P A C K E T I N S T R U C T I O N S

SECTION 3.1: BID PACKET REQUIREMENTS

3.1.1 B I D D E R I N F O R M A T I O N . Each Bid Packet must provide the full business address, business phone and fax numbers, business email, and the contact person of the bidding entity. The Bid Packet must be signed by an authorized representative as follows:

a) Bid Packets by partnerships must furnish the full name of all partners and must be signed in the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and designation of the person signing;

b) Bid Packet by corporations must be signed in the legal name of the corporation, followed by the name of the State in which incorporated and must contain the signature and designation of the president, secretary or other person authorized to bind the corporation in the matter; or

c) Bid Packet by sole-proprietorship shall be signed by the sole proprietor.

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

3.1.2 B I D S U B M I S S I O N C H E C K L I S T . Bidder is to initial next to each document provided with its Bid

Packet on the Bid Submission Checklist. Items 1 through 14 on the Bid Submission Checklist are to be included in the Bid Packet.

SECTION 3.2: BID PROPOSAL

3.2.1 T A X E X E M P T I O N . The Owner is exempt from any Federal, State or local sales, use or excise tax.

3.2.2 P E R M I T S A N D L I C E N S E S . As identified in Special Provisions, the successful Bidder shall be responsible for obtaining and paying the necessary fees for any applicable permits or licenses from any government entity that has jurisdiction to require the fees. The Bidder shall be aware of the terms and any conditions of said permits. All Bid Proposals submitted shall include this cost.

3.2.3 E S T I M A T E D Q U A N T I T I E S . The Owner has attempted to identify the item(s) and the estimated quantities of each item to cover the Project’s requirements; however, past experience shows that the amount ordered may be different than that submitted for bidding. The right is reserved to decrease or increase the quantities specified in the Specifications pursuant to N.J.A.C. 5:30-11.2 and N.J.A.C. 5:30-

11.10.

(A) ME A SURE ME NT O F QUA NTI T IE S. All Work completed under the Contract shall be measured by the

Engineer according to United States Standard Measures using the units scheduled in the Bid

Proposal. Whenever requested by the Engineer, the Contractor shall provide the necessary capable assistance together with suitable facilities for weighing, measuring or otherwise determining the quantities of materials used in the Work. The Contractor shall also provide applicable documentation establishing the quantities or measurements of materials delivered or removed from the Site, for example, material tickets.

(B) A DJU STME NT O F E STIMA TE D QUA NTI T IE S. The quantities shown are approximate only, and the

Owner reserves the right to increase or decrease quantities at the unit bid price. Such change, however, will be only upon direction of the Engineer. The Owner reserves the right to omit any items in the Bid Proposal if deemed to the best interest of the Owner to do so.

3.2.4 “ I F A N D W H E R E D I R E C T E D ” I T E M S . The Bid Proposal may include items for which the Owner has established only “If and Where Directed” quantities. The items are presented for the purpose of obtaining a representative unit price for additional or supplemental work. The presence of these items does not indicate the Owner’s guarantee or intent to incorporate them in the Project. The successful

Bidder will perform the Work using these items only at the specific direction of the Engineer.

3.2.5 M A T E R I A L S T O B E B I D I N P L A C E . Unless otherwise specified, the bid price for each of the items in the Bid Proposal shall be for the material in place. Any and all costs necessary to order, deliver, construct, erect or place such material in the Work shall be estimated and included in the unit price bid of each item.

3.2.6 P R I C E S A N D A M O U N T S . All prices and amounts must be written in ink. Bid Packets containing any conditions, omissions, unexplained erasures or alterations, items not called for in the Bid Packet, attachment of additive information not required by the Specifications, or irregularities of any kind, may require rejection by the Owner in accordance with applicable law. Any changes, whiteouts, or strikeouts in the Bid Packet must be initialed in ink by an individual authorized by the Bidder.

3.2.7 D I S C R E P A N C I E S I N B I D P R O P O S A L S .

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

(B) In the event that there is a discrepancy between the unit price bid and the total bid amount, the unit price bid shall prevail. In the event there is an error of the summation of the total bid amount, the

Engineer shall correct the error and the corrected computation shall govern.

SECTION 3.3: BID BOND

3.3.1 B I D B O N D . Bidder is required to submit with the Bid Packet a certified check, cashier’s check or Bid

Bond in the amount of ten percent (10%) of the total bid amount but not in excess of $20,000 payable unconditionally to the Owner. When submitting a Bid Bond, it shall contain a Power of Attorney for the full amount of the Bid Bond from a surety company authorized to do business in the State of New Jersey and acceptable to the Owner. Failure to submit a Bid Bond shall result in rejection of the Bid Packet.

3.3.2 R E T U R N O F B I D B O N D .

(A) Pursuant to N.J.S.A. 40A:11-24, the Bid Bonds, except that of the three apparent lowest responsible

Bidders, shall be returned within ten (10) Calendar Days after the opening of the Bid Packets, Sundays and Holidays excluded, and the Bid Packets of such Bidders shall be considered withdrawn.

(B) Within three (3) Calendar Days, Sundays and Holidays excluded, after the awarding and signing of the

Contract and the approval of the successful Bidder’s performance bond, the Bid Bond of the remaining unsuccessful Bidders shall be returned to them.

(C) The Bid Bond of the Bidder to whom the Contract is awarded shall be retained until the Contract is executed and all required bonds and other security are submitted and approved.

(D) The check or bond of the successful Bidder shall be forfeited if the Bidder fails to enter into the

Contract pursuant to N.J.S.A. 40A:11-24.

(E) If all Bid Packets are rejected, the Bid Bonds of all Bidders will be returned to the Bidders when the

Contract Documents are returned to the Engineer in reasonable and complete condition within ninety

(90) Calendar Days of notice of the Contract has not been awarded.

SECTION 3.4: CONSENT OF SURETY

3.4.1 Bidder shall submit with the Bid Packet a Consent of Surety for the full amount of the Bid Proposal from a surety company authorized to do business in the State of New Jersey and acceptable to the Owner stating that the surety company will provide said Bidder with Performance and Payment Bonds in the full amount of the Bid Proposal.

3.4.2 This Consent of Surety shall confirm that the Bidder to whom the Contract is awarded will furnish the

Performance and Payment Bonds from an acceptable surety company on behalf of said Bidder (and any or all Subcontractors or by each respective Subcontractor or any combination thereof) which results in the Performance and Payment Bonds equal to the total amount of the Contract, pursuant to N.J.S.A.

40A:11-22. Failure to submit the Consent of Surety shall result in rejection of this Bid Packet.

SECTION 3.5: STATUTORY AND OTHER REQUIREMENTS

The following are mandatory requirements of this Bid Packet and Contract.

3.5.1 M A N D A T O R Y A F F I R M A T I V E A C T I O N C E R T I F I C A T I O N . No firm may be issued a contract unless it complies with the affirmative action provisions of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1 et seq. The following information summarizes the full, required regulatory text, which is included as

Appendix A and Appendix B of the Contract.

( A ) G O O DS A N D SE RV ICE S ( IN CLU DI NG P RO F E SSIO NAL SE RV I CE S) CO N TRA C TS

The successful Bidder and each of its Subcontractors shall submit to the Owner, after notification of award but prior to execution of a goods and services contract, one of the following three (3) documents:

a) A photocopy of a valid letter that the successful Bidder and/or Subcontractor is operating under an existing Federally approved or sanctioned affirmative action program (good for one year from the date of the letter); or

b) A photocopy of a Certificate of Employee Information Report approval, issued in accordance with

N.J.A.C. 17:27-4; or

c) A photocopy of an Employee Information Report (Form AA-302) provided by the Division and distributed to the Owner to be completed by the successful Bidder and/or Subcontractor in accordance with N.J.A.C. 17:27-4.

( B) CO NST RUCT IO N CO NT RA CTS

1) After notification of award, but prior to signing the Contract, the successful Bidder shall submit to the public agency compliance officer and the Dept. of LWD, Construction EEO Monitoring

Program (Division) an initial project workforce report (Form AA-201) electronically provided to the public agency by the Division, through its website for distribution to and completion by the

Contractor, in accordance with N.J.A.C. 17:27-7.

2) 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 public agency compliance officer. The Contractor shall also cooperate with the public agency in the payment of budgeted funds, as is necessary, for on-the job and/or off-the-job programs for outreach and training of minorities and women.

3.5.2 A M E R I C A N S W I T H D I S A B I L I T I E S A C T O F 1 9 9 0 . Discrimination on the basis of disability in contracting for the purchase of goods and services is prohibited. Bidders are required to read

Americans with Disabilities language that is included as Appendix C of the Contract and agree that the provisions of Title II of the Act are made a part of the Contract. The Contractor is obligated to comply with the Act and to hold the Owner and Engineer harmless.

3.5.3 N E W J E R S E Y W O R K E R A N D C O M M U N I T Y R I G H T T O K N O W A C T . The manufacturer or supplier of chemical substances or mixtures shall label them in accordance with the New Jersey Worker and Community Right to Know Law (N.J.S.A. 34:5A-1 et seq., and N.J.A.C 8:59-2 et seq.). Containers that the law and rules require to be labeled shall show the Chemical Abstracts Service number of all the components and the chemical name. Further, all applicable Material Safety Data Sheets (MSDS) -hazardous substance fact sheet - must be furnished by the Contractor.

A R T I C L E 4 : B I D P A C K E T S U B M I S S I O N S

SECTION 4.1: SUBMISSIONS

It is the Bidder’s sole responsibility to deliver the Bid Packets to the Owner at the time and at the place designated in the Notice to Bidders and these Specifications. Bid Packets may be personally delivered, mailed or via overnight services, however, the Owner disclaims any responsibility for Bid Packets that are not personally delivered.

SECTION 4.2: RECEIPT OF SEALED BID PACKETS

4.2.1 Sealed Bid Packets will be received by the designated representative identified in the Notice to Bidders in accordance with the terms of said Notice.

4.2.2 The Bid Packets shall be submitted in a sealed envelope: (1) addressed to the Owner; (2) bearing the name and address of the Bidder written on the face of the envelope; and (3) clearly marked “Bid Packet” with the Project title and/or Bid Packet number of the Contract being bid.

SECTION 4.3: WITHDRAWAL OF BID PACKET DUE TO MISTAKE

4.3.1 B I D P R O P O S A L M I S T A K E . In accordance with N.J.S.A. 40A:11-23.3, a Bidder’s request to withdraw its Bid Packet, due to a mistake on the part of the Bidder, must be made within five (5) Business

Days after the opening of the Bid Packets. “Mistake” shall have the same meaning as provided in N.J.S.A.

40A:11-2 which is “a clerical error that is an unintentional and substantial computational error or unintentional omission of a substantial quantity of labor, material, or both, from the final Bid Proposal computation”.

4.3.2 F O R M A L W I T H D R A W A L R E Q U E S T . To request the withdrawal of a Bid Packet, the Bidder shall submit a written request for withdrawal by certified or registered mail to the address to which the Bid

Packet was submitted. The request will be effective upon mailing. The request shall include evidence, including pertinent documents, demonstrating that a mistake was made and was so great a consequence that:

a) Enforcement of the Contract, if actually made, would be unconscionable;

b) The mistake relates to a material feature of the Bid Packet;

c) The mistake occurred notwithstanding the fact that the Bidder exercised reasonable care in preparation of the Bid Packet; and

d) The Bidder who made the mistake is able to get relief by way of withdrawing the Bid Packet without serious prejudice to the Owner, except for the loss of the bargain to the Owner.

4.3.3 W I T H D R A W A L R E Q U E S T R E V I E W . Pursuant to N.J.S.A. 40A:11-23.3(c), the Owner, or its authorized representative and/or legal counsel, shall review the request for the withdrawal of the Bid

Packet. No later than the next meeting of the Owner following the receipt of the withdrawal request, the individual reviewing the withdrawal request shall make a recommendation to the Owner concerning the disposition. The Owner shall act upon the request to withdraw the Bid Packet no later than at its’ next regular meeting.

4.3.4 A P P R O V E D W I T H D R A W A L . Upon granting the Bidder’s request to withdraw its Bid Packet, the

Owner shall return the Bid Bond and any other form of security to the Bidder. Once the decision to approve the withdrawal is made, the Owner shall continue the award process with the remaining Bid Packets.

4.3.5 W I T H D R A W N B I D P A C K E T S . Pursuant to N.J.S.A. 40A:11-23.3(f), if the Bidder withdraws a Bid

Packet, said Bidder shall be disqualified from future bidding on the same project, including whenever all bids are rejected pursuant to N.J.S.A. 40A: 11-13.2.

SECTION 4.4: BID PACKET REJECTIONS

The Owner can reject all Bid Packets in accordance with N.J.S.A. 40A:11-13.2.

4.4.1 O W N E R ’ S R I G H T S R E S E R V E D .

(A) The Owner expressly reserves the right to reject all Bid Packets in accordance with N.J.S.A. 40A:11-

13.2, or to waive any minor informality or non-material exception in the Bid Packets in accordance with applicable law.

(B) The Owner reserves the right to reject any Bid Packet from a Bidder who cannot produce documentation of the Bidder’s qualifications sufficient to allow the Engineer and Owner to determine that the Bidder is qualified and responsible. If the Owner, after affording the Bidder an opportunity for a hearing, is not satisfied that the Bidder is responsible, the Owner may reject the Bid Packet.

(C) The Owner reserves the right to delay the rejection of Bid Packets or the award of the Contract for a period not exceeding sixty (60) Calendar Days from the receipt of Bid Packets.

(D) If, for any reason, the Owner is unable to make an award within sixty (60) Calendar Day period, it shall be lawful for the Owner and the Bidders and their surety companies to agree upon an extension for making the award.

(E) In the event the Owner shall reject any or all Bid Packets for any reason whatsoever, the Bidders shall not be entitled to any compensation in connection with the preparation and submittal of the Bid

Packets or for any profits that might be anticipated had the Contract been awarded to the Bidder.

4.4.2 C A U S E S F O R D I S Q U A L I F I C A T I O N O R R E J E C T I O N .

(A) I NCO MP LE TE BI D P A CKE TS. Failure to include Items 1 through 6, 7 (if Work includes construction, alteration, or repair of a public building), and 8 through 9 on the Bid Submission Checklist in the Bid

Packet will require rejection of the Bid Packet. Failure to include Items 10 through 14 on the Bid

Submission Checklist in the Bid Packet may mandate rejection of the Bid Packet in accordance with applicable law.

(B) I NF O RMA L BI D P A CKE TS. Any revisions or attachments of conditions, limitations or provisions to the

Bid Packets made by the Bidders will render such Bid Packets informal and may cause its rejection by the Owner.

(C) U NRE SP O NSIV E B ID P A CKE TS. Any Bid Packet which does not conform in all material respects to the terms and conditions, specifications, legal requirements and other provisions of these documents shall be considered unresponsive Bid Packets by the Owner and shall be rejected as a result.

(D) W ITH DRA W N BID P A CKE TS. As stated in 4 . 3 . 5 W I T H D R A W N B I D P A C K E T S , if the Bidder withdraws a Bid Packet, said Bidder shall be disqualified from future bidding on the same project, including whenever all bids are rejected pursuant to N.J.S.A. 40A:11-13.2.

(E) E V IDE N CE O F CO LLUSIO N . Pursuant to N.J.S.A. 52:34-15, any collusion discovered amongst Bidders will result in rejection of the Bid Packets of the Bidders who are participants in such collusion. Those

Bidders will not receive recognition as Bidders in future work of the Owner until reinstatement as a qualified Bidder.

(F) P RIO R NE G A TIV E E XPE RIE N CE . Pursuant to N.J.S.A. 40A:11-4, a Bidder which has otherwise been determined to be the lowest responsive and responsible Bidder may be disqualified if a majority of the governing body of the Owner finds history of prior negative experience with the Bidder.

(G) MULT IP LE BID P A CKE TS. More than one (1) Bid Packet for the same work from an individual, firm, partnership, corporation or combination thereof, under the same or different names shall be cause for rejection of the Bid Packet. Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof, is interested in more than one Bid Packet for the Work contemplated may cause the rejection of Bid Packet in which such individual, firm, partnership, corporation or combination thereof is interested.

(H) U NBA LA NCE D BI D P RO POSA LS. Any Bid Proposal which is obviously unbalanced will be rejected by the Owner.

(I) SUSP E N DE D O R DISBA RRE D BI DDE RS . Bidders must be able to complete the Contract in accordance with all requirements pertaining to experience, moral integrity, operating capacity, financial capacity credit, workforce, equipment and facilities available and any other requirements proscribed in the New Jersey Local Public Contracts Laws, N.J.S.A. 40A:11-1 et seq. Bid Packets will not be accepted from Bidders which are suspended or disbarred by any agency of the State of New

Jersey.

(J) F A ILURE TO E NTE R IN TO CO NTRA CT. Pursuant to N.J.S.A. 40A:11-24(b), if the successful Bidder refuses or fails to enter into this Contract within twelve (12) Calendar Days. Sundays and Holidays excepted, from the Notice of Award, or within such time as otherwise agreed by Bidder and the Owner, the Owner may then reject the Bid Packet of said Bidder and accept the next lowest responsive Bid

Packet from a responsible Bidder.

T HE C ONTRAC T PROC E DURE S

A R T I C L E 5 : A W A R D O F C O N T R A C T

SECTION 5.1: BASIS OF AWARD

5.1.1 Pursuant to N.J.S.A. 40A:11-2(27), the Project shall be awarded to the lowest responsible Bidder which shall mean the Bidder (a) whose response to a request for Bid Proposals offers the lowest price and is responsive; and (b) who is responsible.

(A) “Responsible” means able to complete the Contract in accordance with its requirements, including but not limited to requirements pertaining to experience, moral integrity, operating capacity, financial capacity, credit, and workforce, equipment, and facilities availability.

(B) “Responsive” means conforming in all material respects to the terms and conditions, specifications, legal requirements, and other provisions of the request.

(C) “Lowest price” means the least possible amount that meets all requirements of the request of a contracting agency.

5.1.2 If the award is to be made on the basis of a combination of the Bid Proposal with Bid Proposal Alternates, it shall be made to that responsible and qualified Bidder submitting the lowest net Bid Proposal.

SECTION 5.2: TIME FRAME OF AWARD

The Contract shall be awarded, or all Bid Proposals therefore rejected within sixty (60) Calendar Days after the opening of Bid Packets, except that the Bid Proposals of any Bidders who consent thereto may be held for consideration for such longer period as may be agreed.

SECTION 5.3: NOTICE OF AWARD

5.3.1 The Notice of Award will be issued to the successful Bidder by the Engineer within five (5) Calendar Days, excluding Sundays and Holidays, of the date the Owner awards the Contract.

5.3.2 If the Owner’s action to award is conditional, the Notice of Award will be issued within five (5) Calendar

Days, with the exception of Sundays and Holidays, of the date on which all conditions of the award are deemed satisfactory by the Owner and Engineer.

5.3.3 No award of Contract shall be binding upon the Owner unless and until the Contract has been fully executed and a Notice to Proceed has been issued.

5.3.4 C O N T R A C T E X E C U T I O N :

(A) E XE CUTIO N BY B ID DE R. The successful Bidder shall sign the necessary documents, shall provide the projected work schedule, required bonds and insurance certificates, and shall return all to the

Owner within twelve (12) Calendar Days, excluding Sundays and Holidays, of the Notice of Award.

(B) E XE CUTIO N BY O W NE R. Upon receipt of the successful Bidder’s properly executed documents as well as the required bonds and insurances, the Owner shall execute the Contract and thereafter provide a copy to the Bidder within twenty-one (21) Calendar Days, excluding Sundays and Holidays, of the Notice of Award.

(C) TIME E XTE NS IO N F O R E XEC UTIO N. The Owner and successful Bidder may agree to extend the time set forth in the Contract Documents to execute the Contract. The Owner may, in its sole discretion, waive its rights and agree to extend the time for the Bidder to deliver executed documents, bonds and insurance certificates. In such case, the Bidder agrees to waive any obligation of the Owner to execute the Contract within twenty-one (21) Calendar Days, excluding Sundays and Holidays, of the

Notice of Award.

5.3.5 Failure to issue a Notice of Award within the time set forth herein and/or a Notice to Proceed within the time set forth in A R T I C L E 7 : N O T I C E T O P R O C E E D will result in an equitable extension of time allowed for the completion of Work as the Bidder’s sole remedy; provided this limitation on Bidder’s remedy shall not apply if the delay is due to the Owner’s negligence, bad faith, active interference, tortious conduct, or other reasons uncontemplated by the parties.

A R T I C L E 6 : C O N T R A C T P R O C E D U R E S

SECTION 6.1: CONTRACT

The successful Bidder shall execute a Contract in substantially the same for as the one Contract contained herein.

Any exceptions must be submitted, in writing, by the Bidder to the Owner and Owner must formally accept.

SECTION 6.2: TIME ALLOWED AND SUBSTANTIAL COMPLETION

6.2.1 All Work stipulated in the Contract Documents shall be fully completed within the time set forth in the

Notice to Bidders and Special Provisions, normally within a specified number of Calendar Days of the

Notice to Proceed.

6.2.2 An allocation of time for minor delays due to weather, conflicts and unforeseen as well as an extension of time for completion shall not be provided for such situations unless approved by the Engineer and

Owner.

6.2.3 If and when the Engineer determines that the Project is substantially complete, the Engineer will prepare a written determination of the date of substantial completion and establish, in the Engineer’s sole judgment, a reasonable time for the Contractor to perform final cleanup and repair unacceptable Work

(as described in the punch list attached to the substantial completion letter), which time may be prior to the time originally allowed for the completion of Work. If the Contractor fails to fully complete the Work within the time allowed for completion of the punch list, subject to any approved extension of time, or such earlier time for final cleanup and repair of unacceptable Work as may be determined by the Engineer pursuant to this S E C T I O N 6 . 2 , the Owner may seek the remedies provided by these Contract

Documents and proscribed by law for the Contractor’s failure to complete on time, including, without limitation, liquidated damages.

SECTION 6.3: MANDATORY CONTRACT SUBMITTALS

6.3.1 I N S U R A N C E . The successful Bidder shall procure and maintain at its own expense, until the later of the final payment or the release of the Maintenance Bond required by S U B S E C T I O N 6 . 3 . 2

B O N D S , insurance for liability of damages of any kind imposed or assumed under this Contract.

Certificates of Insurance shall be submitted by the successful Bidder with the properly executed Contract.

( A ) G E NE RA L RE QUI RME NTS .

1) Evidence of insurance satisfactory to the Owner is a condition precedent to initiating any work and must be submitted along with the Contract executed by Bidder.

2) Certificates of insurance will usually be satisfactory evidence of insurance; however, the

Owner and/or Engineer may request, and the Bidder shall submit, such additional documentation as the Owner and / or Engineer may consider necessary including: copies of declaration pages, copies of endorsements or certified copies of the entire policies, including premium provisions. Insurance binders are not acceptable as evidence of insurance.

3) The evidence of insurance submitted must include, or be accompanied by, full information concerning exclusions and deductible clauses. The Owner may allow deductible clauses that the Owner does not consider excessive, overly broad or harmful to the Owner’s interests. Standard exclusions, not inconsistent with the requirements of this subsection, will be permitted. Non-standard exclusions may be permitted at the discretion of the Owner.

Regardless of the allowance of exclusions or deductibles, the successful Bidder shall be fully responsible for all risks assumed under this Contract. It is the responsibility of the

Contractor, the Insurers and the Agents of the Contractor and/or of the Insurers to provide insurance as required by this subsection covering the risks assumed by the Contractor under this Contract including, but not limited to, the contractual indemnification and assumption of defense obligation set forth in S U B S E C T I O N S 6 . 6 . 1

I N D E M N I F I C A T I O N and 6 . 6 . 2 L I A B I L I T Y . The Owner and Engineer may and will rely upon the inferred representation of the Contractor, its Insurers and their Agents embodied in the evidence of insurance provided, that the coverage provided is in full accordance with the Contract Documents unless the Contractor, its Insurers or their Agents specifically advise the Owner and Engineer in writing of any exceptions or deviations. Any general statement to the effect that coverage is limited by the terms, conditions, declarations, endorsements and / or exclusions of the policies shall be of no force or effect.

4) The Owner and Engineer and their officers and employees will be named as Additional

Insureds on the Commercial General Liability (CGL), Comprehensive Automobile Liability

(Auto) and Excess Liability or Umbrella Coverage (Excess) policies. The evidence of insurance submitted shall indicate if this requirement is met by a Blanket Additional

Insured policy endorsement or by a project specific additional insured endorsement. In the latter case, the evidence of insurance shall include a copy of the endorsement which must be in a form acceptable to the Owner.

5) The Engineer and Owner shall receive notice thirty (30) Calendar Days prior to the effective date of any changes which modify the coverage provided and prior to cancellation of any coverage for any reason except non-payment of premium. The Engineer and Owner shall receive notice ten (10) Calendar Days prior to the effective date of any cancellation for non-payment of premium. Any “Failure to Notice” clause in the policies, endorsements or insurance certificates which attempt to limit the liability of the insurers and/or agents shall be of no force or effect.

6) All policies shall be issued by insurance companies authorized to do business in New Jersey holding a rating of B+ or better (without any negative implications) from A.M. Best and

Company.

7) In the event that the successful Bidder provides evidence of insurance, valid for a period of time less than the period during which the Contractor is required by the terms of the

Contract to maintain insurance, the Contractor shall be obligated to renew its insurance policies as necessary and to provide new certificates of insurance so that the Owner and

Engineer are continuously in possession of evidence of the Contractor’s insurance according to this subsection.

(B) RE QUI RE D I NSU RA NCE . Different minimum insurance limits are shown for projects identified as

Insurance Levels A, B and C. The Insurance Level associated with this Project shall be identified in the Special Provisions or, if no specific Insurance Level is identified in the Special Provisions, shall be

Level B.

1) COMMERCIAL GENERAL LIABILITY (CGL)

Project Insurance Level

A B C

Minimum Limits

Combined Single Limit (CSL)

$500,000

$1,000,000

Policy Aggregate (if any)

$2,000,000

$3,000,000

Project Aggregate (if any)

$2,000,000

$3,000,000

Total Coverage Limit

(Primary PLUS Excess Coverage)

$5,000,000

$10,000,000

a) The coverage to be provided under this policy shall be at least as broad as that provided by the standard basic, not amended, and unendorsed comprehensive general liability coverage forms currently in use in the State, which shall not be circumscribed by an endorsement limiting the breadth of coverage. Moreover, such policy shall be endorsed so as to delete any exclusions applying to property damage liability arising from explosions or arising from damage to underground utilities and collapse of foundations.

b) The insurance policy shall be endorsed to include contractual liability coverage, premises/operations coverage, products/completed operations coverage, broad form property damage coverage, independent contractor’s coverage, and personal injury coverage.

c) The minimum total coverage limit required may be provided by a primary policy or by a combination of primary and excess or umbrella coverage.

d) Excess coverage or umbrella coverage shall include the same terms and conditions as the primary underlying coverage (following form) in an amount such that the primary and umbrella coverage together equals or is greater than the minimum required. Said excess or umbrella policy shall contain a clause stating that it takes effect (drops down) in the event the primary coverage is impaired or exhausted.

2) COMPREHENSIVE AUTOMOBILE LIABILITY

Combined Single Limit (CSL)

Total Coverage Limit

(Primary PLUS Excess Coverage)

$5,000,000

$10,000,000

a) The Policy shall cover owned, non-owned and hired vehicles.

b) The minimum total coverage limit required may be provided by a primary policy or by a combination of primary and excess or umbrella coverage.

c) Excess coverage or umbrella coverage shall include the same terms and conditions as the primary underlying coverage (following form) in an amount such that the primary and umbrella coverage together equals or is greater than the minimum required. Said excess or umbrella policy shall contain a clause stating that it takes effect (drops down) in the event the primary coverage is impaired or exhausted.

3) WORKERS COMPENSATION AND EMPLOYER’S LIABILITY

Coverage A

New Jersey Statutory

Coverage B

Each Accident

Disease, Policy Limit

Disease, Each Employee

$100,000

$100,000

a) Workers Compensation Insurance shall be provided according to the requirements of the laws and this State and shall include in all states endorsement to extend coverage to any State that may be interpreted to have legal jurisdiction.

b) Unless the Contractor’s Subcontractor’s provide comparable coverage, the Contractor’s insurance shall extend to the employees of the Subcontractor.

4) EXCESS LIABILITY COVERAGE

Excess liability coverage is not required. The minimum total coverage limit may be met by a primary policy. If the Contractor offers excess liability or umbrella coverage to meet a portion of the insurance requirements it may be accepted by the Owner if it includes essentially the same terms and conditions as the primary underlying coverage (following form) and contains a clause stating that it takes effect (drops down) in the event that the primary coverage is impaired or exhausted.

( C) O THE R F O RMS O F I NSU RAN CE .

1) MARINE LIABILITY. When the Contractor or a Subcontractor is engaged in marine operations, it shall be required to obtain US Longshoremen’s and Harbor Worker’s coverage, Jones Act coverage and Maritime coverage is applicable. The Contractor or

Subcontractor shall also procure and maintain Marine Liability Insurance with protection and indemnity coverage with a minimum limit of liability of $2,000,000 per occurrence.

2) BUILDER’S RISK. If the Contract provides for the construction, repair, alteration or renovation of a building, a Builder's Risk Policy may be required.