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Municipal Building Entrance Ramp & Stairs Repairs
BID #: 16
ISSUED: 4/30/2026
DUE: 5/19/2026
VALUE: TBD
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Executive Summary
The Township of East Amwell is soliciting bids for the Municipal Building Entrance Ramp & Stairs Repairs. This project involves the demolition of existing structures, construction of a new ADA-compliant concrete ramp and landing, repair or replacement of railings, and repair of the faux stacked stone façade. Key requirements include adherence to ADA standards, the 2019 Standards for Road and Bridge Construction for concrete, and applicable New Jersey codes. Bids are due by May 19, 2026, at 12:30 PM. The bid number is 26-04.
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Bid Postings • Municipal Building Entrance Ramp & Stairs Rep Skip to Main Content Create a Website Account - Manage notification subscriptions, save form progress and more. Website Sign In Government Services Community Business How Do I... Search Home Bid Postings Print Sign up to receive a text message or email when new bids are added! Print Bid Number: 26-04 Bid Title: Municipal Building Entrance Ramp & Stairs Repairs Category: Competitive Contract Request for Proposals Status: Open Description: Click here for Project Manual Publication Date/Time: 4/30/2026 10:00 AM Publication Information: https://www.eastamwelltownship.com/304/Public-Legal-Notices Closing Date/Time: 5/19/2026 12:30 PM Submittal Information: http://www.bidnetdirect.com/eastamwelltownship Return To Main Bid Postings Page Live Edit Agendas & Minutes FAQ's Forms Notify Me® Sign up for email alerts Property Tax Payments Report a Concern Contact Us East Amwell Township 1070 Route 202/31 Ringoes, NJ 08551 Phone: 908-782-8536 Fax: 908-782-1967 Office Hours: Monday -Friday - 8:30am - 3:00pm Tuesday Evening Hours 5:00pm - 7:30pm (Tax Assessor) 5:30pm-7:30pm (Tax Collector & Zoning Officer) Helpful Links Property Tax Lookup Committee Volunteer Application Form OPRA Form Ordinance Code Book Financial Documents Job Postings /QuickLinks.aspx Site Links Home Site Map Contact Us Accessibility Copyright Notices /QuickLinks.aspx Government Websites by CivicPlus® Loading Loading Do Not Show Again Close Arrow Left Arrow Right [] Slideshow Left Arrow Slideshow Right Arrow
Document Text
--- Document: here ---
PROJECT MANUAL
for
Bid # 26-04 Municipal Building Entrance Ramp & Stairs Repairs
May 19, 2026, at 12:30P.M.
TOWNSHIP OF EAST AMWELL
COUNTY OF HUNTERDON
STATE OF NEW JERSEY
Legal Notice
Notice is hereby given by the Township of East Amwell that a bid request in
accord with N.J.S.A. 40A:11-1 et. Seq. will be received by the Township on
May 19, 2026, at 12:30pm prevailing time publicly broadcast and recorded
on zoom and conducted on electronic platform, in accord with
N.J.A.C. 5:34-1 et. www.bidnetdirect.com//eastamwelltownship
Bid #26-04 Municipal Building Entrance Ramp & Stairs Repairs
NOTE:
It is the bidder’s responsibility to ensure that the bid package is uploaded to the e-
procurement site 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.
For information on attending the publicly broadcast opening contact the
Qualified Purchasing Agent at scanning@TheCanningGroup.org.
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 the Township of East Amwell. If bids are to be
submitted electronically in accord with this notice, then the bidder shall submit a copy of the bid
guarantee with electronic submittal and mail PRIOR to bid opening the original to the Municipal
Clerks Office, 1070 US-202 S, Ringoes, NJ 08551. The bid bond may also be provided in certified
check and cashier’s check in accord with provisions within general requirements of this bid.
Bidders must comply with the requirements of N.J.S.A. 10:5-31 et seq., and
N.J.A.C. 17:27 et. Seq.,
The Township of East Amwell will award this bid to the lowest responsible bidder
in accord with the New Jersey Local Publics Contract Law.
Date: April 30, 2026
Linda Gilberty, RMC
Applicable
to Bid if
marked
“X”
DOCUMENTATION REQUIRED OR REVIEWED
Initials
When Due if
not submitted
with Bid
Bid Guarantee (Bid Bond or Certified/Cashier’s Check) (with
POA for full amount of Bid Bond)
With Bid
Submission
Consent of Surety (Certificate from Surety company)
With Bid
Submission
Performance Bond and Labor and Material Payment Bond
(Required from the Awarded Contractor)
At signing of
contract
Maintenance Bond in the Amount of 100 % for a period
indicated in “General Conditions” Required from the Awarded
Contractor Upon Acceptance of Project
Upon
Acceptance of
Project
Labor and Materials Bond
Upon
Acceptance of
Project
X
Acknowledgement of Receipt of Addenda (To be Completed if
Addenda are Issued)
With Bid
Submission
X
Ownership Disclosure Form
With Bid
Submission
X
Named Subcontractors in Bid for Listed Specialty Trades
With Bid
Submission
X
Public Works Contractor Registration Certificate(s) for the
Bidder and all Sub Contractors
Prior to Award,
but effective at
time of bid
X
Business Registration Certificate – Bidder and all Sub
Contractors
Prior to
Contract
Award
X
Non-Collusion Affidavit
Prior to
Contract
Award
X
Experience and Background Questionnaire
Prior to
Contract
Award
X
Insurance and Indemnification Certificate
Prior to
Contract
Award
Equipment certification
Prior to
Contract
Award
X
Federal debarment Form
Prior to
Contract
Award
X
EEO/AA Form AA-201
After Notice of
Award, Prior to
Signing
Contract
EEO/AA Form AA-302 or Letter of Federal Approval or
Certificate of Employee Information Report
After Notice of
Award, Prior to
Signing
Contract
X
Bidder’s Checklist
Prior to
Contract
Award
X
Proposal Page
With bid
submission
This checklist is provided for bidder’s use in assuring compliance with required documentation; however,
it does not include all specifications requirements and does not relieve the bidder of the need to read and
comply with the specifications.
Bidder Name:
Date:
Authorized
Representative:
Signature:
Print Name &
Title:
TOWNSHIP OF EAST AMWELL
BID SPECIFICATION
Municipal Building Entrance Ramp & Stairs Repairs
1. NOTICE TO BIDDERS (SUMMARY SCOPE)
The Township of East Amwell, Hunterdon County, New Jersey, hereby invites sealed bids for:
Municipal Building Entrance Ramp & Stairs Repairs
Location: East Amwell Township Municipal Building
1070 US-202 S, Ringoes, NJ 08551
The work generally includes, but is not limited to:
•
Demolition of existing entrance ramp, stairs, and appurtenances
•
Construction of new ADA-compliant concrete ramp and landing
•
Reconstruction of building entrance landing at man-door
•
Repair and/or replacement of existing railings
•
Repair of existing faux stacked stone façade
•
Temporary access provisions during construction
•
concrete should follow 2019 Standards for Road and Bridge construction
2. SCOPE OF WORK
2.1 General
The Contractor shall furnish all labor, materials, equipment, and supervision necessary to complete the work in
accordance with ADA standards and applicable codes.
2.2 Demolition
•
Remove existing ramp, stairs, landing, and associated concrete elements
•
Remove railings as required
•
Protect adjacent building elements and façade
•
Dispose of all materials off-site in accordance with regulations
2.3 Concrete ADA Ramp
•
Construct new ADA-compliant concrete ramp
•
Contractor to follow 2019 Standard Specifications as currently amended for Road and Bridge Construction for
concrete material technical specifications.
•
Maximum slope: 1:12 unless otherwise directed
•
Include proper cross slope, detectable warnings if required
•
Provide proper drainage and tie-in to existing grades
2.4 Entrance Landing Reconstruction (Man-Door)
•
Reconstruct entrance landing to meet ADA accessibility standards
•
Ensure:
o
Minimum landing dimensions per ADA
o
Proper door maneuvering clearance
o
Flush transition to doorway threshold
•
Coordinate with existing building elevations
2.5 Concrete Stairs
•
Construct new concrete stairs including landing(s)
•
Provide uniform risers and treads
•
Include non-slip finish
2.6 Railings
Base Bid:
•
Remove, repair, and reinstall existing railings
Alternate Bid Item:
•
Provide and install new code-compliant railings if existing railings are deemed unusable by the Engineer
•
Railings shall comply with ADA, IBC, and local code requirements
2.7 Faux Stacked Stone Repair
•
Repair all damaged or loose faux stacked stone veneer at:
o
Ramp façade
o
Building front adjacent to work area
•
Contractor shall:
o
Reset loose stones
o
Replace damaged sections
o
Match existing color, texture, and pattern
•
Include allowance for potential damage during construction
2.8 Temporary Building Access
•
Provide temporary ADA-compliant access to the building during construction when directed by Engineer.
•
Maintain safe public access at all times
2.9 Site Restoration
•
Restore all disturbed areas including:
o
Landscaping
o
Pavement
o
Building interfaces
4. MEASUREMENT AND PAYMENT
Payment shall be made on a lump sum basis for each bid item.
5. BID ITEMS
Item No. Description
Unit Quantity
1
Demolition
LS 1
2
Concrete Stairs (Including Landing)
LS 1
3
Concrete ADA-Compliant Ramp
LS 1
4
Remove, Repair & Reinstall Existing Railings
LS 1
5
Temporary Building Access (if directed)
LS 1
6
Reconstruction of ADA Entrance Landing (Man-Door) LS 1
7
Repair of Faux Stacked Stone Veneer
LS 1
6. ALTERNATE BID ITEMS
Alt. Item Description
Unit Quantity
A-1
Removal of Existing Railings and Installation of New ADA-Compliant Railings LS 1
Note: Alternate A-1 will be used if existing railings are determined to be unsuitable for reuse.
7. ADA AND CODE COMPLIANCE
All work shall comply with:
•
2010 ADA Standards for Accessible Design
•
NJ Uniform Construction Code (UCC)
•
IBC (as adopted by NJ)
Contractor is responsible for verifying all dimensions and compliance.
8. CONSTRUCTION REQUIREMENTS
•
Maintain continuous safe access to municipal operations
•
Coordinate work schedule with Township
•
Protect building façade and adjacent structures
•
Repair any damage caused by construction
9. PREVAILING WAGE
This project is subject to New Jersey Prevailing Wage Act.
The Contractor shall comply with all applicable NJDOL requirements.
10. TIME OF COMPLETION
The Contractor shall complete all work within 30 calendar days from Notice to Proceed.
11. BASIS OF AWARD
Award will be made to the lowest responsible bidder based on:
•
Base Bid
•
Plus or minus any alternates as determined by the Township
12. CONTRACTOR RESPONSIBILITIES
•
Field verify all dimensions prior to construction
•
Coordinate with Township Engineer
•
Obtain all necessary permits
•
Maintain site safety and compliance
5. BID ITEMS
Item No.
Description
Unit Quantity
1
Demolition
LS 1
$ ___________
2
Concrete Stairs (Including Landing)
LS 1
$ ___________
3
Concrete ADA-Compliant Ramp
LS 1
$ ___________
4
Remove, Repair & Reinstall Existing Railings
LS 1
$ ___________
5
Temporary Building Access (if directed)
LS 1
$ ___________
6
Reconstruction of ADA Entrance Landing (Man-Door) LS 1
$ ___________
7
Repair of Faux Stacked Stone Veneer
LS 1
$ ___________
TOTAL BASE BID
$ ___________
6. ALTERNATE BID ITEMS
Alt. Item
Description
Unit Quantity
A-1
Removal of Existing Railings and Installation of New ADA-
Compliant Railings
LS 1
$
______
TOTAL ALT A-1
$
_____
TOTAL ALT A-1 +
BASE BID
$ _________________________
Note: Alternate A-1 will be used if existing railings are determined to be unsuitable for reuse.
_________________________________________________
____________________________
Company Name
____________________________________________________________________________________
Address
_________________________________________________
______________________________
Signature of Authorized Agent
Type or Print Name
__________________________________________________
Title:
__________________________________________________
_______________________________
Telephone Number
Date
__________________________________________________
_______________________________
Fax Number
E-mail address
EXHIBIT B
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
N.J.S.A. 10:5-31 et seq. (P.L.1975, c.127)
N.J.A.C. 17:27-1.1 et seq.
CONSTRUCTION CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant
for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or
sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to
affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal
employment opportunity is afforded to such applicants in recruitment and employment, and that employees
are treated during employment, without regard to their age, race, creed, color, national origin, ancestry,
marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex.
Such equal employment opportunity shall include, but not be limited to the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay
or other forms of compensation; and selection for training, including apprenticeship. The con- tractor agrees
to post in conspicuous places, available to employees and applicants for employment, notices to be provided
by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause.
The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees
placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or
sexual orientation, gender identity or expression, disability, nationality or sex.
The contractor or subcontractor will send to each labor union, with which it has a collective bar- gaining
agreement, a notice, to be provided by the agency contracting officer, advising the labor union or workers'
representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the
Treasurer, pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the
Americans with Disabilities Act.
When hiring or scheduling workers in each construction trade, the contractor or subcontractor agrees to make
good faith efforts to employ minority and women workers in each construction trade consistent with the
targeted employment goal prescribed by N.J.A.C. l7:27-7.2; provided, however, that the Dept. of LWD,
Construction EEO Monitoring Program, may, in its discretion, exempt a contractor or subcontractor from
compliance with the good faith procedures pre- scribed by the following provisions, A, B, and C, as long as
the Dept. of LWD, Construction EEO Monitoring Program is satisfied that the contractor or subcontractor is
employing workers
EXHIBIT B (Cont)
provided by a union which provides evidence, in accordance with standards prescribed by the Dept. of LWD,
Construction EEO Monitoring Program, that its percentage of active “card carrying” members who are
minority and women workers is equal to or greater than the targeted employment goal established in
accordance with N.J.A.C. 17:27-7.2. The contractor or subcon- tractor agrees that a good faith effort shall
include compliance with the following procedures:
(A)
If the contractor or subcontractor has a referral agreement or arrangement with a union for a
construction trade, the contractor or subcontractor shall, within three business days of the contract award, seek
assurances from the union that it will cooperate with the contractor or sub- contractor as it fulfills its affirmative
action obligations under this contract and in accordance with the rules promulgated by the Treasurer pursuant
to N.J.S.A. 10:5-31 et. seq., as supplemented and amended from time to time and the Americans with
Disabilities Act. If the contractor or subcontractor is unable to obtain said assurances from the construction
trade union at least five business days prior to the commencement of construction work, the contractor or sub-
contractor agrees to afford equal employment opportunities minority and women workers directly, consistent
with this chapter. If the contractor's or subcontractor's prior experience with a construction trade union,
regardless of whether the union has provided said assurances, indicates a significant possibility that the trade
union will not refer sufficient minority and women workers consistent with affording equal employment
opportunities as specified in this chapter, the contractor or subcontractor agrees to be prepared to provide such
opportunities to minority and women workers directly, consistent with this chapter, by complying with the
hiring or scheduling procedures prescribed under (B) below; and the contractor or subcontractor further agrees
to take said action immediately if it determines that the union is not referring minority and women workers
consistent with the equal employment opportunity goals set forth in this chapter.
(B)
If good faith efforts to meet targeted employment goals have not or cannot be met for each
construction trade by adhering to the procedures of (A) above, or if the contractor does not have a referral
agreement or arrangement with a union for a construction trade, the contractor or subcontractor agrees to take
the following actions:
(l) To notify the public agency compliance officer, the Dept. of LWD, Construction EEO Monitoring Program,
and minority and women referral organizations listed by the Division pursuant to N.J.A.C. 17:27-5.3, of its
workforce needs, and request referral of minority and women workers;
(2) To notify any minority and women workers who have been listed with it as awaiting available vacancies;
(3) Prior to commencement of work, to request that the local construction trade union refer minority and
women workers to fill job openings, provided the contractor or subcontractor has a referral agreement or
arrangement with a union for the construction trade;
EXHIBIT B (Cont)
(4) To leave standing requests for additional referral to minority and women workers with the local
construction trade union, provided the contractor or subcontractor has a referral agreement or arrangement
with a union for the construction trade, the State Training and Employment Service and other approved
referral sources in the area;
(5) If it is necessary to lay off some of the workers in a given trade on the construction site, layoffs shall be
conducted in compliance with the equal employment opportunity and non- discrimination standards set forth
in this regulation, as well as with applicable Federal and State court decisions;
(6) To adhere to the following procedure when minority and women workers apply or are referred to the
contractor or subcontractor:
(i) The contactor or subcontractor shall interview the referred minority or women worker.
(ii) If said individuals have never previously received any document or certification signifying a level of
qualification lower than that required in order to perform the work of the construction trade, the contractor or
subcontractor shall in good faith determine the qualifications of such individuals. The contractor or
subcontractor shall hire or schedule those individuals who satisfy appropriate qualification standards in
conformity with the equal employment opportunity and non-discrimination principles set forth in this chapter.
However, a contractor or subcontractor shall determine that the individual at least possesses the requisite skills,
and experience recognized by a union, apprentice program or a referral agency, provided the referral agency
is acceptable to the Dept. of LWD, Construction EEO Monitoring Program. If necessary, the con- tractor or
subcontractor shall hire or schedule minority and women workers who qualify as trainees pursuant to these
rules. All of the requirements, however, are limited by the provisions of (C) below.
(iii) The name of any interested women or minority individual shall be maintained on a waiting list, and shall
be considered for employment as described in (i) above, whenever vacancies occur. At the request of the Dept.
of LWD, Construction EEO Monitoring Program, the contractor or subcontractor shall provide evidence of its
good faith efforts to employ women and minorities from the list to fill vacancies.
(iv) If, for any reason, said contractor or subcontractor determines that a minority individual or a woman is
not qualified or if the individual qualifies as an advanced trainee or apprentice, the contractor or subcontractor
shall inform the individual in writing of the reasons for the determination, maintain a copy of the determination
in its files, and send a copy to the public agency compliance officer and to the Dept. of LWD, Construction
EEO Monitoring Program.
(7) To keep a complete and accurate record of all requests made for the referral of workers in any trade covered
by the contract, on forms made available by the Dept. of LWD, Construction EEO Monitoring Program and
submitted promptly to the Dept. of LWD, Construction EEO Monitoring Program upon request.
(C) The contractor or subcontractor agrees that nothing contained in (B) above shall preclude the
contractor or subcontractor from complying with the union hiring hall or apprentice- ship policies in any
applicable collective bargaining agreement or union hiring hall arrangement, and, where required by custom
or agreement, it shall send journeymen and trainees to the union for referral, or to the apprenticeship program
for admission, pursuant to such agreement or arrangement. However, where the practices of a union or
apprenticeship program will result in the exclusion of minorities and women or the failure to refer minorities
and women consistent with the targeted county employment goal, the contractor or subcontractor shall consider
for employment persons referred pursuant to (B) above without regard to such agreement or arrangement;
provided further, however, that the contractor or subcontractor shall not be re- quired to employ women and
minority advanced trainees and trainees in numbers which result in the employment of advanced trainees and
trainees as a percentage of the total workforce for the construction trade, which percentage significantly
exceeds the apprentice to journey worker ratio specified in the applicable collective bargaining agreement, or
in the absence of a collective bargaining agreement, exceeds the ratio established by practice in the area for
said construction trade. Also, the contractor or subcontractor agrees that, in implementing the procedures of
(B) above, it shall, where applicable, employ minority and women workers residing within the geographical
jurisdiction of the union.
After notification of award, but prior to signing a construction contract, the contractor shall sub-it to the public
agency compliance officer and the Dept. of LWD, Construction EEO Monitoring Program an initial project
workforce report (Form AA-201) electronically provided to the public agency by the Dept. of LWD,
Construction EEO Monitoring Program, through its web- site, for distribution to and completion by the
contractor, in accordance with N.J.A.C. 17:27-7. The contractor also agrees to submit a copy of the Monthly
Project Workforce Report once a month thereafter for the duration of this contract to the Dept. of LWD,
Construction EEO Monitoring Program, and to the public agency compliance officer.
The contractor agrees to cooperate with the public agency in the payment of budgeted funds, as is necessary,
for on-the-job and/or off-the job programs for outreach and training of minorities and women.
(D)
The contractor and its subcontractors shall furnish such reports or other documents to the Dept. of
LWD, Construction EEO Monitoring Program as may be requested by the Dept. of LWD, Construction EEO
Monitoring Program from time to time in order to carry out the pur- poses of these regulations, and public
agencies shall furnish such information as may be re- quested by the Dept. of LWD, Construction EEO
Monitoring Program for conducting a compliance investigation pursuant to N.J.A.C. 17:27-1.1 et seq.
NEW JERSEY ANTI-DISCRIMINATION PROVISIONS
N.J.S.A. 10:2-1 ET SEQ.
Pursuant to N.J.S.A. 10:2-1, if awarded a contract, the contractor agrees that:
a. In the hiring of persons for the performance of work under this contract or any subcontract hereunder, or
for the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or
services to be acquired under this contract, no contractor, nor any person acting on behalf of such contractor
or subcontractor, shall, by reason of race, creed, color, national origin, ancestry, marital status, gender
identity or expression, affectional or sexual orientation or sex, discriminate against any person who is
qualified and available to perform the work to which the employment relates;
b. No contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or
intimidate any employee engaged in the performance of work under this contract or any subcontract
hereunder, or engaged in the procurement, manufacture, assembling or furnishing of any such materials,
equipment, supplies or services to be acquired under such contract, on account of race, creed, color, national
origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex;
c. There may be deducted from the amount payable to the contractor by the contracting public agency, under
this contract, a penalty of $50.00 for each person for each calendar day during which such person is
discriminated against or intimidated in violation of the provisions of the contract; and
d. This contract may be canceled or terminated by the contracting public agency, and all money due or to
become due hereunder may be forfeited, for any violation of this section of the contract occurring after
notice to the contractor from the contracting public agency of any prior violation of this section of the
contract.
STATEMENT OF OWNERSHIP DISCLOSURE
N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43)
This statement shall be completed, certified to, and included with all bid and proposal submissions.
Failure to submit the required information is cause for automatic rejection of the bid or proposal.
Name of Organization:
Organization Address:
Part I Check the box that represents the type of business organization:
Sole Proprietorship (skip Parts II and III, execute certification in Part IV)
Non-Profit Corporation (skip Parts II and III, execute certification in Part IV)
For-Profit Corporation (any type) Limited Liability Company (LLC)
Partnership
Limited Partnership
Limited Liability Partnership (LLP)
Other (be specific):
Part II
The list below contains the names and addresses of all stockholders in the corporation who own
10 percent or more of its stock, of any class, or of all individual partners in the partnership who
own a 10 percent or greater interest therein, or of all members in the limited liability company
who own a 10 percent or greater interest therein, as the case may be. (COMPLETE THE LIST
BELOW IN THIS SECTION)
OR
No one stockholder in the corporation owns 10 percent or more of its stock, of any class, or no
individual partner in the partnership owns a 10 percent or greater interest therein, or no member
in the limited liability company owns a 10 percent or greater interest therein, as the case may be.
(SKIP TO PART IV)
(Please attach additional sheets if more space is needed):
Name of Individual or Business Entity
Address
Part III DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS,
PARTNERS OR LLC MEMBERS LISTED IN PART II
If a bidder has a direct or indirect parent entity which is publicly traded, and any person holds a
10 percent or greater beneficial interest in the publicly traded parent entity as of the last annual
federal Security and Exchange Commission (SEC) or foreign equivalent filing, ownership
disclosure can be met by providing links to the website(s) containing the last annual filing(s) with the
federal Securities and Exchange Commission (or foreign equivalent) that contain the name and address
of each person holding a 10% or greater beneficial interest in the publicly traded parent entity, along
with the relevant page numbers of the filing(s) that contain the information on each such person. Attach
additional sheets if more space is needed.
Website (URL) containing the last annual SEC (or foreign equivalent) filing
Page #’s
Please list the names and addresses of each stockholder, partner or member owning a 10 percent or
greater interest in any corresponding corporation, partnership and/or limited liability company (LLC)
listed in Part II other than for any publicly traded parent entities referenced above. The disclosure
shall be continued until names and addresses of every noncorporate stockholder, and individual partner,
and member exceeding the 10 percent ownership criteria established pursuant to N.J.S.A. 52:25-24.2
has been listed. Attach additional sheets if more space is needed.
Stockholder/Partner/Member and
Corresponding Entity Listed in Part II
Address
Part IV
Certification
I, being duly sworn upon my oath, hereby represent that the foregoing information and any attachments
thereto to the best of my knowledge are true and complete. I acknowledge: that I am authorized to execute
this certification on behalf of the bidder/proposer; that the Township is relying on the information
contained herein and that I am under a continuing obligation from the date of this certification through the
completion of any contracts with Township to notify the Township in writing of any changes to the
information contained herein; that I am aware that it is a criminal offense to make a false statement or
misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law
and that it will constitute a material breach of my agreement(s) with the, permitting the Township to
declare any contract(s) resulting from this certification void and unenforceable.
Full Name (Print):
Title:
Signature:
Date:
Americans with Disabilities Act of 1990
The CONTRACTOR and the OWNER do hereby agree that the provisions of Title 11
of the Americans With Disabilities Act of 1990 (the "ACT") (42 U.S.C~ S12101 et
seq.), which prohibits discrimination on the basis of disability by public entities in all
services, programs, and activities provided or made available by public entities, and the
rules and regulations promulgated pursuant thereunto, are made a part of this contract.
In providing any act benefit, or service on behalf of the OWNER pursuant to this
contract, the CONTRACTOR agrees that the performance shall be in strict compliance
with the Act. In the event that the Contractor, its agents, servants, employees, or
subcontractors violate or are alleged to have violated the Act during the performance of
this contract, the CONTRACTOR shall defend the OWNER in any action or
administrative proceeding commenced pursuant to this Act. The Contractor shall
indemnify, protect, and save harmless the OWNER, its agents, servants, and employees
from and against any and all suits, claims, losses, demands, or damages, of whatever
kind or nature arising out of or claimed to arise out of the alleged violation. The
CONTRACTOR shall, at its own expense, appear, defend, and pay any and all charges
for legal services and any and all costs and other expenses arising from such action or
administrative proceeding or incurred in connection therewith. In any and all complaints
brought pursuant to the OWNER grievance procedure, the CONTRACTOR agrees to
abide by any decision of the OWNER which is rendered pursuant to said grievance
procedure. If any action or administrative proceeding results in an award of damages
against the OWNER or if the OWNER must any expense to cure a violation of the ADA
which has been brought pursuant to its grievance procedure, the CONTRACTOR shall
satisfy and discharge the same at its OWN expense.
The OWNER shall, as soon as practicable after a claim has been made against it,
give written notice thereof to the CONTRACTOR along with frill and complete
particulars of the claim. if any action or administrative proceedings is brought
against the OWNER or any of its agents, servants, and employees, the OWNER
shall expeditiously forward or have forwarded to the CONTRACTOR every
demand, complaint, notice, summons, pleading, or other process received by the
OWNER or its representatives.
It is expressly agreed and understood that any approval by the OWNER of the
services provided by the CONTRACTOR pursuant to this contract will not
relieve the CONTRACTOR of the obligation to comply with the Act and to
defend, indemnify, protect, and save harmless the OWNER pursuant to this
paragraph.
It is further agreed and understood that the OWNER assumes no obligation to
indemnify or save harmless the CONTRACTOR, its agents, servants, employees
and subcontractors for any claim which may arise out of their performance of this
Agreement. Furthermore, the CONTRACTOR expressly understands and agrees
that the provisions of this indemnification clause shall in no way limit the
CONTRACTOR'S obligations assumed in this Agreement, nor shall they be
construed to relieve the CONTRACTOR from any liability, nor preclude the
OWNER from taking any other actions available to it under any other provisions
of the Agreement or otherwise at law.
Furthermore, the contractor expressly understands and agrees that the provisions of this
indemnification clause shall in no way limit the contractor’s obligations assumed in this
Agreement, nor shall they be construed to relieve the contractor from any liability, nor
preclude the owner from taking any other actions available to it under any other
provisions of the Agreement or otherwise at law.
PAY TO PLAY ADVISORY
Disclosure Requirement
P.L. 2005, Chapter 271, Section 3 Reporting
(N.J.S.A. 19:44A – 20.27)
Any business entity that has received $50,000 or more in contracts from government
entities in a calendar year will be required to file an annual disclosure report with ELEC.
The report will include certain contributions and contract information for the current
calendar year.
At a minimum, a list of all business entities that file an annual disclosure report will be
listed on ELEC’s website at www.elec.state.nj.us.
If you have any questions please contact ELEC at: 1-
888-313-ELEC (toll free in NJ) or
609-292-8700
An analyst from ELEC’s Special Programs Section will assist you.
New Jersey Business Registration Certification
Pursuant to N.J.S.A. 52:32-44, The Township of East Amwell (“Contracting
Agency”) is prohibited from entering into a contract with an entity unless the
bidder/proposer/contractor, and each subcontractor that is required by law to be named in
a bid/proposal/contract has a valid Business Registration Certificate on file with the
Division of Revenue and Enterprise Services within the Department of the Treasury.
Prior to contract award or authorization, the contractor shall provide the
Contracting Agency with its proof of business registration and that of any named
subcontractor(s).
Subcontractors named in a bid or other proposal shall provide proof of business
registration to the bidder, who in turn, shall provide it to the Contracting Agency prior to
the time a contract, purchase order, or other contracting document is awarded or
authorized.
During the course of contract performance:
(1) the contractor shall not enter into a contract with a subcontractor unless the
subcontractor first provides the contractor with a valid proof of business
registration.
(2) the contractor shall maintain and submit to the Contracting Agency a list of
subcontractors and their addresses that may be updated from time to time.
(3) the contractor and any subcontractor providing goods or performing services
under the contract, and each of their affiliates, shall collect and remit to the
Director of the Division of Taxation in the Department of the Treasury, the use
tax due pursuant to the Sales and Use Tax Act, (N.J.S.A. 54:32B-1 et seq.) on
all sales of tangible personal property delivered into the State. Any questions in
this regard can be directed to the Division of Taxation at (609)292-6400. Form
NJ-REG can be filed online at
http://www.state.nj.us/treasury/revenue/busregcert.shtml.
Before final payment is made under the contract, the contractor shall submit to the
Contracting Agency a complete and accurate list of all subcontractors used and their
addresses.
Pursuant to N.J.S.A. 54:49-4.1, a business organization that fails to provide a copy of a
business registration as required, or that provides false business registration information,
shall be liable for a penalty of $25 for each day of violation, not to exceed $50,000, for
each proof of business registration not properly provided under a contract with a
contracting agency.
Emergency Purchases or Contracts
For purchases of an emergent nature, the contractor shall provide its Business
Registration Certificate within two weeks from the date of purchase or execution of the
contract or prior to payment for goods or services, whichever is earlier.
SAMPLE BUSINESS REGISTRATION CERTIFICATE
EXPERIENCE AND QUALIFICATIONS
This questionnaire must be filled out and submitted as a part of the Proposal. Failure to
complete this form or to provide any of the requested information will be grounds for the
rejection of the bid proposal. If additional space is required, the respondent shall add
additional sheets, which identify the question being answered.
Number of years in business under present name &
address:
If less than 5 years, list previous names and address:
Within the last 5 years has the business or any officer/partner failed to complete a
contract awarded to them: . If yes, provide the details in on a separate page.
Have any liens and lawsuits been filed against the company in the past 5 years:
If yes, please provide details:
List similar services you are now providing for which you have signed contract, but
not yet started work:
List all major subcontractors to be used to complete the service and the area of their
responsibility:
Please provide at least 3 references below:
Name:
Phone:
Address:
Equipment/Service Provided:
Contract Amount:
Name:
Phone:
Address:
Equipment/Service Provided:
Contract Amount:
Name:
Phone:
Address:
Equipment/Service Provided:
Contract Amount:
Name:
Phone:
Address:
Equipment/Service Provided:
Contract Amount:
FOR FEDERAL GOVERNMENT CONTRACTS
N.J.S.A. 52:32-44.1 (P.L. 2019, c.406)
This certification shall be completed, certified to, and submitted to the contracting unit prior to contract
award, except for emergency contracts where submission is required prior to payment.
PART I: VENDOR INFORMATION
Individual or
Organization Name
Physical Address of
Individual or
Organization
Unique Entity ID
(if applicable)
CAGE/NCAGE
Code
(if applicable)
Check the box that represents the type of business organization:
Sole Proprietorship (skip Parts III and IV) Non-Profit Corporation (skip Parts III and IV)
For-Profit Corporation (any type) Limited Liability Company (LLC) Partnership
Limited Partnership
Limited Liability Partnership (LLP)
Other (be specific): ______________________________________________
PART II – CERTIFICATION OF NON-DEBARMENT: Individual or Organization
I hereby certify that the individual or organization listed above in Part I is not debarred by the
federal government from contracting with a federal agency. I further acknowledge: that I am
authorized to execute this certification on behalf of the above-named organization; that the
Township of East Amwell is relying on the information contained herein and that I am under a
continuing obligation from the date of this certification through the date of contract award by
Township to notify the Township in writing of any changes to the information contained herein;
that I am aware that it is a criminal offense to make a false statement or misrepresentation in this
certification, and if I do so, I am subject to criminal prosecution under the law and that it will
constitute a material breach of my agreement(s) with the Township, permitting the Township to
declare any contract(s) resulting from this certification void and unenforceable.
Full Name
(Print):
Title:
Signature:
Date:
PART III – CERTIFICATION OF NON-DEBARMENT: Individual or Entity Owning
Greater than 50 Percent of Organization
Section A (Check the Box that applies)
Below is the name and address of the stockholder in the
corporation who owns more than 50 percent of its voting
stock, or of the partner in the partnership who owns more than
50 percent interest therein, or of the member of the limited
liability company owning more than 50 percent interest
therein, as the case may be.
Name of Individual or
Organization
Physical Address
OR
No one stockholder in the corporation owns more than 50
percent of its voting stock, or no partner in the partnership
owns more than 50 percent interest therein, or no member in
the limited liability company owns more than 50 percent
interest therein, as the case may be.
Section B (Skip if no Business entity is listed in Section A above)
Below is the name and address of the stockholder in the
corporation who owns more than 50 percent of the voting
stock of the organization’s parent entity, or of the partner in
the partnership who owns more than 50 percent interest in the
organization’s parent entity, or of the member of the limited
liability company owning more than 50 percent interest in
organization’s parent entity, as the case may be.
Stockholder/Partner/Member
Owning Greater Than 50
Percent of Parent Entity
Physical Address
OR
No one stockholder in the parent entity corporation owns more
than 50 percent of its voting stock, no partner in the parent
entity partnership owns more than 50 percent interest therein,
or no member in the parent entity limited liability company
owns more than 50 percent interest therein, as the case may
be.
Section C – Part III Certification
I hereby certify that no individual or organization that is debarred by the federal government from
contracting with a federal agency owns greater than 50 percent of the Organization listed above in
Part I or, if applicable, owns greater than 50 percent of a parent entity of Township of East
Amwell I further acknowledge: that I am authorized to execute this certification on behalf of the
above-named organization; that the Township of East Amwell is relying on the information
contained herein and that I am under a continuing obligation from the date of this certification
through the date of contract award Township to notify the Township in writing of any changes to the
information contained herein; that I am aware that it is a criminal offense to make a false statement
or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under
the law and that it will constitute a material breach of my agreement(s) with the Township is
permitting the Township to declare any contract(s) resulting from this certification void and
unenforceable.
Full Name (Print):
Title:
Signature:
Date:
Part IV – CERTIFICATION OF NON-DEBARMENT: Contractor – Controlled Entities
Section A
Below is the name and address of the corporation(s) in which the
Organization listed in Part I owns more than 50 percent of voting stock, or
of the partnership(s) in which the Organization listed in Part I owns more
than 50 percent interest therein, or of the limited liability company or
companies in which the Organization listed above in Part I owns more than
50 percent interest therein, as the case may be.
Name of Business Entity
Physical Address
**Add additional sheets if necessary**
OR
The Organization listed above in Part I does not own greater than 50
percent of the voting stock in any corporation and does not own greater than
50 percent interest in any partnership or any limited liability company.
Section B (skip if no business entities are listed in Section A of Part IV)
Below are the names and addresses of any entities in which an entity listed in
Part III A owns greater than 50 percent of the voting stock (corporation) or
owns greater than 50 percent interest (partnership or limited liability
company).
Name of Business Entity Controlled by
Entity Listed in Section A of Part IV
Physical Address
**Add additional Sheets if necessary**
OR
No entity listed in Part III A owns greater than 50 percent of the voting stock
in any corporation or owns greater than 50 percent interest in any partnership
or limited liability company.
Section C – Part IV Certification
I hereby certify that the Organization listed above in Part I does not own greater than 50 percent
of any entity that that is debarred by the federal government from contracting with a federal agency
and, if applicable, does not own greater than 50 percent of any entity that in turns owns greater than
50 percent of any entity debarred by the federal government from contracting with a federal agency.
I further acknowledge: that I am authorized to execute this certification on behalf of the above-
named organization; that the Township of East Amwell is relying on the information contained
herein and that I am under a continuing obligation from the date of this certification through the date
of contract award by Township to notify the Township in writing of any changes to the information
contained herein; that I am aware that it is a criminal offense to make a false statement or
misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the
law and that it will constitute a material breach of my agreement(s) with the Township permitting
the Township to declare any contract(s) resulting from this certification void and unenforceable.
Full Name
(Print):
Title:
Signature:
Date:
NON COLLUSION AFFIDAVIT
STATE OF NEW JERSEY
I certify that I am _______________________________________________________________
of the firm of __________________________________________________________________
the Respondent making this Proposal for the bid or proposal for the above named project, that I
executed the said proposal with full authority to do so; that said bidder has not, directly or indirectly
entered into any agreement, participated in any collusion or otherwise taken any action in restraint
of free, competitive bidding in connection with the above named project; and that all statements
contained in said proposal and this affidavit are true, correct, and made with full knowledge that the
Township relies upon the truth of the statements contained in said Proposals and in the statements
contained in this affidavit in awarding the contract for the said project.
I further warrant that no person or selling agency has been employed or retained 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.
Signature of Representative:
Subscribed and sworn to before me this_________ day of ___________________, 20_______
Print Name of Affiant:___________________________________________________________
Notary Public of ____________________________
My commission expires_______________________
*This form MUST be completed, notarized and submitted with the bid document*
Pursuant to the NJSA 40A:11-23. 1a, the undersigned bidder hereby acknowledges receipt of the
following notices, revisions or addenda to the bid advertisement, specifications or bid documents. By
indicating date of receipt, bidder acknowledges the submitted bid takes into account the provisions
of the notice, revision or addendum. Note that the local units record of notice to bidders shall take
precedence and that failure to include provisions of changes in the bid proposal may be subject for
rejection of the bid.
Title of Addendum/Revision Received Via (email, fax, etc.) Date Received
ACKNOWLEDGEMENT OF BIDDER
Name of Bidder:
Bidder’s Signature:
Printed Name & Title:
Date:
SUB-CONTRACTOR INFORMATION
Please provide the Name, address, telephone number and fax number of any subcontractor in the
following categories as required by N.J.S.A.40A:11-16 (if this section is not applicable, please reference
N/A, if performed in house Note: for in-house please provide licensure information)
1.
PLUMBING WORK AND GAS FITTING AND ALL KINDRED WORK:
NAME___________________________________________________________
ADDRESS________________________________________________________
TELEPHONE#:_________________________LICENSE#__________________
2.
ELECTRICAL WORK:
NAME___________________________________________________________
ADDRESS________________________________________________________
TELEPHONE#:_________________________ LICENSE # ________________
3.
STRUCTURAL STEEL AND ORNAMENTAL IRON WORK:
NAME___________________________________________________________
ADDRESS________________________________________________________
TELEPHONE#:_________________________ LICENSE # ________________
4.
STEAM POWER PLANTS, STEAM AND HOT WATER HEATING AND VENTILATING
APPARATUS AND ALL KINDRED WORK:
NAME___________________________________________________________
ADDRESS________________________________________________________
TELEPHONE#:_________________________ LICENSE # _________________
5.
GENERAL CONDITION, WHICH SHALL INCLUDE ALL OTHER WORK REQUIRED FOR
THE COMPLETION OF THE PROJECT:
NAME___________________________________________________________
ADDRESS________________________________________________________
TELEPHONE#:_________________________ LICENSE # _________________
NAME___________________________________________________________
ADDRESS________________________________________________________
TELEPHONE#:_________________________ LICENSE # ________________
1
REQUIRED SUBMISSION IF BIDDER INTENDS TO SUBCONTRACT NON
STATUTORY SUB-CONTRACTORS
)
SUBCONTRACTOR UTILIZATION PLAN
(REFERENCED IN RFP STANDARD TERMS AND CONDITIONS)
Solicitation No.:
NOTE: If utilizing subcontractors, failure to submit the properly completed
form will be sufficient cause for rejection of the bid as non-responsive.
Solicitation Title:
Bidder's Name and Address:
Bidder's Telephone No.:
Bidder's Contact Person:
INSTRUCTIONS: List all businesses to be used as subcontractors. This form may be duplicated for extended lists.
SUBCONTRACTOR'S NAME
ADDRESS, ZIP CODE
TELEPHONE NUMBER
AND VENDOR ID NUMBER
TYPE(S) OF GOODS OR
SERVICES TO BE PROVIDED
ESTIMATED VALUE OF
SUBCONTRACTS
2
I hereby certify that this Subcontractor Utilization Plan (Plan) is being submitted in good faith. I certify that each subcontractor has been notified
that it has been listed on this Plan and that each subcontractor has consented, in writing, to its name being submitted for this contract. Additionally, I certify that I
shall notify each subcontractor listed on the Plan, in writing, if the award is granted to my firm, and I shall make all documentation available to the Division of
Purchase and Property upon request.
I further certify that all information contained in this Plan is true and correct and I acknowledge that the State will rely on the truth of the information in
awarding the contract.
PRINCIPAL OF FIRM:
(Signature)
(Title)
(Date)
3
General Conditions - Construction
SECTION I – SUBMISSION OF BIDS
The Township of East Amwell, Hunterdon County, New Jersey (hereinafter referred to as "OWNER") invites
sealed bids pursuant to the Notice to Bidders. Said Notice to Bidders is to be attached to and is considered as a
part of these General Conditions.
•
If NOT on e-procurement format as described in the LEGAL NOTICE,
in person, sealed bids will be received by the designated representative of
The Township at the time and place stated in the Notice to Bidders, and at
such time and place win publicly open and real aloud all bids received. If
delivered prior to the date and time of opening, bids MUST BE DELIVERED
TO The Township CLERK’S OFFICE ONLY. Bidder is solely responsible for
this delivery.
•
The bid proposal form shall be submitted on the prescribed form with
appropriate spaces properly filled in and with all required supporting
documentation, in a sealed envelope:
o Addressed to The Township of East Amwell
o Bearing the name and address of the bidder written on the face of
the
envelope
o Clearly marked "BID" with the contract title and/or BID #
being identified
o Bidders shall submit an original as well as a printed copy(ies),
clearly labeled as “COPY”
o Bidders shall also, if indicated in notice submit their bid in CD/
Flash Drive form.
•
It is the bidder's responsibility to see that the bid is presented to The Township
on the hour and at the place designated. Bids may be hand delivered or
mailed; however, The Township disclaims any responsibility for bids
forwarded by regular or overnight mail. If the bid is sent by overnight mail, the
designation above, must also appear on the outside of the delivery company
envelope. Bids received after the designated time and date will be returned
unopened.
•
Sealed bids forwarded to The Township before the time of opening of bids may
4
be withdrawn upon written application of the bidder who shall be required to
produce evidence showing that the individual is or represents the principal or
principals involved in the bid. Once bids have been opened, they must remain
firm for a period of sixty (60) calendar days.
•
All prices and amounts must be written in ink or preferably typewritten.
Bids containing any conditions, omissions, unexplained erasures or
alternation, items not called for in the bid proposal form, attachment of
additive information not required by the specifications, or irregularities of
any kind, may be rejected by The Township. Any changes, white-outs, strike-
outs, etc. on the proposal page must be initialed in ink by the person
responsible for signing the bid.
•
Each bid proposal form must give the full business address of the bidder and
be signed by an authorized representative. Bids 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. Bids 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. When requested, satisfactory evidence of the
authority of the officer signing shall be furnished.
•
Bidders must insert prices for furnishing of the specified equipment, materials
or supplies, or for all of the materials and/or labor required by these
specifications.
•
Prices shall be net, including any charges for packing, crating, containers,
etc. All transportation charges shall be fully prepaid by the contractor F.O.B.
destination and placement at locations specified by The Township. As
specified, placement may require inside deliveries. No additional charges
will be allowed for any transportation costs resulting from partial shipments
made at the contractor's convenience.
•
The vendor shall guarantee any or all materials and services supplied under
these specifications. Defective or inferior items shall be placed at the expense
of the vendor. In case of rejected materials, the vendor will be responsible for
return freight charges.
•
Per N.J.S.A. 40A:11-6.1(d), in the event of a tie in all aspects of bids The
Township will award to the vendor whose response is most advantageous,
price and
5
other factors considered.
•
Bidder should be aware of the following statutes that represent “Truth in
Contracting” laws:
• N.J.S.A. 2C:21-34, et seq. governs false claims and representations by
bidders. It is a serious crime for the bidder to knowingly submit a false claim
and/or knowingly make material misrepresentation.
• N.J.S.A. 2C:27-10 provides that a person commits a crime if said person
offers a benefit to a public servant for an official act performed or to be
performed by a public servant, which is a violation of official duty.
• N.J.S.A. 2C:27-11 provides that a bidder commits a crime if said person,
directly or indirectly, confers or agrees to confer any benefit not allowed by
law to a public servant.
• Bidder should consult the statutes or legal counsel for further information.
SECTION II – BID SECURITY/CONTRACT SECURITY
•
The following provisions if indicated by an (X) shall be applicable to this bid
and be made a part of the bidding documents:
o Bid Guarantee
Bidder shall submit with the bid a certified check, cashier's check or bid bond in the
amount often percent (10%) of the total price bid, but not in excess of $20,000,
payable unconditionally to the Township of East Amwell. When submitting a Bid
Bond, it shall contain Power of Attorney for fill' amount of Bid Bond from a surety
company authorized to do business in the State of New Jersey and acceptable to the
Township of East Amwell.
If the bid is being conducted in an electronic only format, The bidder may also offer
an electronic image of a certified check or cashier’s check through the electronic
platform and must:
Provide a physical sealed check upon and no later than the submission deadline to
the local unit clerk’s office and clearly marked as the offerors response. Any late
submittals of the sealed check guarantee will be a mandatory rejection in accord with
N.J.S.A. 40A:11-23.2.
The check or bond of the unsuccessful bidder(s) shall be returned as prescribed by
law. The check or bond of the bidder to whom the contract is awarded shall be
retained until a contract is executed and the required performance bond or
6
other security is submitted. The check or bond of the successful bidder shall be
forfeited if the bidder fails to enter into a contract pursuant to N.J.S.A. 40A: 11-21.
If required, failure to submit is a mandatory cause for rejection of bid in accordance
with NJSA 40A:11-23.2.
o Consent of Surety
Bidder shall submit with the bid a Certificate (Consent of Surety) with
Power of Attorney for full amount of bid price from a Surety
Company authorized to do business in the State of New Jersey and
acceptable to The Township stating that it will provide said bidder
with a Performance Bond in the full amount of the bid. This certificate
shall be obtained in order to confirm that the bidder to whom the
contract is awarded will furnish Performance and Payment Bonds
from an acceptable surety company on behalf of said bidder, any or
all subcontractors or by each respective subcontractor or by any
combination thereof which results in performance security equal to
the total amount of the contract, pursuant to N.J.S.A.. 40A: 11-22. If
required, failure to submit this shall be cause for rejection of the
bid.
o Performance Bond
The successful bidder shall execute and deliver to The Township within ten
(10) days after notification of award of the contract, a satisfactory
surety bond or bonds in an amount equal to 100% of the contract
prices, upon the form prepared for and used by The Township in
statutory form with such surety companies as sureties as shall be
approved by The Township Council and qualified and authorized to
do business under the laws of the State of New Jersey.
The proposal shall also be accompanied by a Consent of Surety
wherein the surety consents and agrees that if the Contract for which
the proposal is made be awarded, that it will become bound as surety
and guarantor for its faithful performance. If required, failure to
deliver this with the executed contract shall be cause for declaring
the contract null and void.
o Labor & Material Payment Bond
Successful bidder shall with the delivery of the performance bond
submit an executed payment bond to guarantee payment to laborers
and suppliers for the labor and material used in the work performed
under the contract. If required, failure to deliver this with the
performance bond shall be cause for declaring the contract null
7
and void.
o Maintenance Bond
Successful bidder shall upon acceptance of the work submit a
maintenance bond in the amount of 100% guaranteeing against
defective quality of work or materials for the period of:
X
1 year
2 years
The performance bond provided shall not be released until final
acceptance of the whole work and then only if any liens or claims
have been satisfied and any maintenance bonds required have been
executed and approved by the OWNER.
The surety on such bond or bonds shall be a duly authorized
surety company authorized to do business in the State of New
Jersey
N.J.S.A. 17:31-5.
o Retention Proposal Guarantee
As an alternate performance guarantee, the proposal guarantee of the
successful bidder shall be retained by The Township to assure the
successful performance of the contract.
o Payment Deferral
As an alternate performance guarantee, no payment shall be made for
any part of this contract until the entire contract is completed to the
satisfaction of The Township.
o Workmanship Guarantee- Contract Retention
The Contractor shall guarantee all labor and materials for a period of
months from the date of acceptance of the work by The
Township, and he shall make all needed repairs on the work as it
progresses and during this guarantee period, except those due to
ordinary wear and tear. The Contractor agrees that, during the said
guarantee The Township may retain, out of monies payable to him
under this agreement, the sum of
percent of the amount of the
contract; and that, should he fail to make the necessary repair at once
after due notice from the Administrator or A/E, The Township may
expend the same or so much thereof as may be required to make
8
the needed repairs; provided, however, that in case of emergency,
where in the opinion of the Administrator or the A/E it would cause
serious loss or damage, The Township may make repairs without
previous notice and at the expense of the Contractor.
The Contract may provide a Maintenance Bond equal to ten (l0%)
percent of the contract value in a form approved by The Township
Attorney.
If an alternate guarantee provision is contained in the Detailed
Specifications, then this alternate guarantee provision shall prevail.
SECTION III – INTERPRETATION & ADDENDA – BIDDER’S RESPONSIBILITIES
•
All interpretations, clarifications and any supplemental instructions will be in
the form of written addenda to the specifications and will be distributed to all
prospective bidders. All addenda so issued shall become part of the
specification and bid documents and shall be acknowledged by the bidder in
the bid by completing the Acknowledgement of Receipt of Addenda form.
The owner’s interpretations or corrections thereof shall be final.
•
Pursuant to N.J.S.A. 40A:11-23(c)(1) when issuing addenda, the owner shall
provide required notice prior to the official receipt of bids to any person who
has submitted a bid or who has received a bid package. They will be sent
from scanning@TheCanningGroup.org. It is recommended that the bidder
understands and agrees that its bid is submitted on the basis of the
specifications prepared by The Township. The bidder accepts the obligation
to become familiar with these specifications.
•
The bidder understands and agrees that its bid is submitted on the basis of the
specifications prepared by The Township. The bidder accepts the obligation
to become familiar with these specifications.
•
Bidders are expected to examine the specifications and related documents
with care and observe all their requirements. Ambiguities, errors or omissions
noted by bidders should be promptly reported in writing to the appropriate
City official. In the event the bidder fails to notify The Township of such
ambiguities, errors or omissions, the bidder shall be bound by the bid.
•
No oral interpretation of the meaning of the specifications will be made to
any bidder. Every request for an interpretation shall be in writing, addressed
to The Township’s representative stipulated in the bid. In order to be
given
9
consideration, written requests for interpretation must be received at least five
(5) days prior to the date fixed for the opening of the bids. Any and all such
interpretations and any supplemental instructions will be in the form of written
addenda to the specifications, and will be distributed to all prospective
bidders, in accordance with N.J.S.A. 40A: 11-23. All addenda so issued shall
become part of the contract documents, and shall be acknowledged by the
bidder in the bid. The Township’s interpretations or corrections thereof shall
be final.
•
Discrepancies in the Bid
o 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.
o In the event that there is a discrepancy between the unit prices and the
extended totals, the unit prices shall prevail. In the event there is an
error of the summation of the extended totals, the computation by The
Township of the extended totals shall govern.
•
Optional Pre-Bid Conference
If stated in the Notice to Bidders and checked below:
A Pre-Bid Conference will not be held.
X
A pre-bid conference for this proposal will be held on
Attendance is not mandatory but is strongly recommended. Failure to
attend does not relieve the bidder of any obligations or requirements.
• Site Investigation & Representation
The bidder acknowledges that he has satisfied himself as to the nature and
location of the work, the general and local conditions, particularly those
bearing upon transportation, disposal, handling and storage of materials,
availability of labor, water, electric power, roads and uncertainties of
weather, physical conditions at the site, the conformation and condition of the
ground, the character, quality and quantity of surface and sub-surface
materials to be encountered, the character of equipment and facilities needed
preliminary to and during the prosecution of the work and all other matters
which can in any way affect the work or the cost thereof under this contract.
Any failure by the bidder to acquaint himself with all the available
10
information concerning these conditions shall not relieve him from
responsibility for estimating properly the difficulty or cost of successfully
performing the work
Excavating for foundations of surface structure: buildings, bridges, tanks,
towers, retaining walls and other types of surface structures. The Contractor
shall promptly, and before such conditions are disturbed, except in the event
of an emergency, notify the owner by written notice of subsurface or latent
physical conditions at the site differing materially from those indicated in the
contract documents.
Or unknown physical conditions at the site of unusual nature, differing
materially from those ordinarily encountered and generally recognized as
inherent in work of the character provided for the contract documents.
The Owner shall promptly investigate the conditions, and if it is found that
such conditions do so materially differ and cause an increase or decrease in
the cost of, or in the time required for, performance of the work, an equitable
adjustment shall be made and the contract documents shall be modified by a
change order. Any claim of the Contractor for adjustment hereinafter shall
not be allowed unless the required written notice has been given; provided that
the Owner may, if the Owner determines the facts so justify consider and
adjust any such claims asserted before the date of the final payment.
Excavating for below-surface structures: water mains, sewers, power and
telephone cables and other types of below surface structures.
No extra compensation will be paid for rock excavation or varying geologic
features encountered on the project, unless so shown as a bid item in the Bid
Schedule for bid.
IT IS THE CONTRACTOR'S RESPONSIBILITY TO ESTIMATE
PROPERLY THE DIFFICULTY OR COST OF SUCCESSFULLY
PERFORMING THE WORK, AND ANY FAILURE ON HIS PART TO
ACQUAINT HIMSELF WITH ALL THE AVAILABLE INFORMATION
CONCERNING THESE CONDITIONS WILL NOT RELIEVE HIM
FROM THAT RESPONSIBILITY. THE CONTRACTOR ASSUMES ALL
RISKS REGARDING THE ACCURACY OF SUCH INFORMATION AS
HE MAY OBTAIN, REGARDLESS OF THE SOURCE THEREOF. NO
REPRESENTATIONS
OF
ANY
KIND
MADE
BY
ANYONE
CONCERNING THE NATURE, CHARACTER OR CONDITIONS OF
THE SOIL OR SUBSOIL SHALL BE CONSTRUED BY THE
CONTRACTOR AS INDICATIVE OF THE SUBSURFACE CONDITIONS
WHICH MAY BE ENCOUNTERED, AND THE OWNER ACCEPTS NO
RESPONSIBILITY IN
11
RESPECT TO ANY SUCH REPRESENTATION.
• Deviations
All bidders shall clearly identify any deviations from the specifications at the
time the bids are opened and examined. After the contract has been entered
into, no consideration shall be given for any misunderstanding as to work,
materials set forth therein specified and indicated on drawings, it being
mutually understood that tender of a proposal carries with it an agreement to
this and other obligations set forth in the contract and further implies full
understanding of the contract document.
SECTION IV – BRAND NAMES, PATENTS & STANDARD OF QUALITY
• Brand names and/or descriptions used in this bid are to acquaint bidders with
the type of commodity desired and will be used as a standard by which
alternate or competitive materials offered will be judged. Competitive items
must be equal to the standard described and be of the same quality of work
Variations between materials described and the materials offered are to be
fully identified and described by the bidder on a separate sheet and submitted
with the bid proposal form. Vendor's literature WILL NOT suffice in
explaining exceptions to these specifications. In the absence of any changes
by the bidder, it will be presumed and required that materials as described in
the proposal be delivered.
• It is the responsibility of the bidder to demonstrate the equivalency of item(s)
offered. The Township reserves the right to evaluate the equivalency of an
item(s) which, in its deliberations, meets its requirements.
• In submitting its bid, the bidder certifies that the merchandise to be furnished
will not infringe upon any valid patent or trademark and that the successful
bidder shall, at its own expense, defend any and all actions or suits charging
such infringement, and will save The Township harmless from any damages
resulting from such infringement.
• Only manufactured and farm products of the United States, wherever
available, shall be used on this contract pursuant to N.J.S.A. 40A: 11-18.
• Wherever practical and economical to The Township, it is desired that
recycled or recyclable products be provided. Please indicate when recycled
products are being offered.
• Workmanship
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All workmanship shall be in every respect in accordance with the best current
practice. Only skilled craftsmen, fully qualified in the various disciplines
required, shall be used in this project.
• In submitting its bid, the bidder certifies that the goods and services to be
furnished will not infringe upon any valid patent or trademark and that the
successful bidder shall, at its own expense, defend any and all actions or suits
charging such infringement, and will save the owner harmless from any
damages resulting from such infringement.
• The contractor shall guarantee any or all goods and services supplied under
these specifications. Defective or inferior goods shall be replaced at the
expense of the contractor. The contractor will be responsible for return freight
or
restocking charges.
SECTION V – INSURANCE & INDEMNIFICATION
• INSURANCE REQUIREMENTS
o Worker's Compensation and Employer's Liability Insurance
This insurance shall be maintained in force during the life of this
contract by the bidder covering all employees engaged in
performance of this contract in accordance with the applicable statute.
Minimum Employer's Liability $100,000.
o General Liability Insurance
This insurance shall have limits of not less than $1,000,000 any one
person and $1,000,000 any one accident for bodily injury and
$2,000,000 aggregate for property damage and shall be maintained in
force during the life of the contract by the bidder.
o Automobile Liability Insurance
This insurance covering bidder for claims arising from owned, hired
and non-owned vehicles with limits of not less than $1,000,000 any
one person and $1,000,000 any one accident for bodily injury and
$1,000,000 each accident for property damage, shall be maintained in
force during the life of this contract by the bidder.
13
o Umbrella/Excess liability
The Contractor shall obtain an Excess or Umbrella Liability Policy
(to respond in excess of the commercial general liability, employer’s
liability and commercial automobile liability policies) at the limit of
$5,000,000.00 combined single limits occurrence.
o Policy Changes
If at any time, any of the foregoing policies shall be or become
unsatisfactory to the Owner, as to form or substance, or if a company
issuing any such policy shall be or become unsatisfactory to The
Township, the Contractor shall, upon notice to that effect from The
Township, within
(90) days obtain a new policy, submit the same to The Township for
approval and submit a Certificate thereof as hereinabove provided.
Upon failure of the Contractor to furnish, deliver and maintain such
insurance as above provided, this Agreement, at the election of the
Authority, may be forthwith declared suspended, discontinued or
terminated. Failure of the Contractor to take out and/or maintain or the
taking out and/or maintenance of any required insurance, shall not
relieve the Contractor of any liability under the Agreement. All
policies required above shall contain a ninety (90) day notice of
cancellation and/or non-renewal and shall require the insured to notify
The Township of its intent to either cancel or not to renew
immediately.
o Policies Shall Remain in Force
Policies shall remain in force until all work has been completed and
until all retained percentages and maintenance bonds have been
released.
o Subcontractors
Subcontractors shall be required, by the General Construction
Contractor, to provide the same types of insurance with the same
limits, as described above. The Contractor shall not allow any
Subcontractor to commence work on his subcontract, until all similar
insurance required of the Subcontractor has been so obtained and
approved. Approval of the insurance by the Owner shall not relieve
or decrease the liability of the Contractor hereunder.
Certificates and policies of insurance, covering each Subcontractor,
shall also be filed with the A/E and Owner, before any work is begun
14
by a Subcontractor.
o Naming Utility Companies as Insured
The Contractor shall carry Liability Insurance to cover damages to
existing underground and above-ground facilities of the Utility
Companies servicing the area covered under this Contract and the
Owner. Specifically, this shall include all water and gas mains and
service lines, wastewater collection line, treatment facilities and
appurtenances, electric and telephone conduits and poles and other
fixtures laid across or along the site of the work. Said Liability
Insurance shall cover the Contractor for damages to other Utility
Companies' facilities not only for that incident when damages are
done to said facilities, but also for damages that may occur at a later
date due to the Contractor's failure to properly tamp under or properly
support by other approved methods, pipe lines, conduits, and other
facilities of other Utility Companies at locations where pipes or
structures (under this contract) are installed either under, over, or in
close proximity to the existing facilities of the other Utility
Companies within a period of twelve (12) months from completion.
• Certificate of Insurance
The contractor shall provide Certificates of the Required Insurance as listed
above along with the contract as evidence covering Comprehensive General
Liability, Comprehensive Automobile Liability, and where applicable,
necessary Worker's Compensation and Employer's Liability Insurance. Such
coverage shall be with acceptable insurance companies operating on an
admitted basis in the State of New Jersey and shall name The Township as
an additional insured. Said Certificates of Insurance shall state specifically
that the Indemnification cited below is guaranteed by the policy. If such
statement is not included in the body of the policy shall be typed on the face
or back of the certificate.
• Indemnification
Successful bidder will indemnify and hold harmless The Township of East
Amwell from all claims, suits or action and damages or costs of every name
and description to which The Township may be subjected or put by reason of
injury to the person or property of another, or the property of The Township,
including attorney’s fees and costs relating to the defense of such claims,
resulting from negligent acts or omissions on the part of the bidder, the
bidder's agents, servants or subcontractors in the delivery of materials and
supplies,
15
or in the performance of the work under this agreement. The Township of
East Amwell shall be named “Additionally Insured” on the contractor’s
insurance policy.
SECTION VI - PREPARATION OF BIDS
• The Township of East Amwell is exempt from any local, state or federal
sales, use or excise tax. Exemption certificates will be provided when
required
• Estimated Quantities (Open-end Contracts)
The Township of East Amwell has attempted to identify the item(s) and the
estimated amounts of each item bid to cover its 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.5:34-4.9. NO MINIMUM
PURCHASE IS IMPLIED OR GUARANTEED.
• Successful bidder shall be responsible for obtaining any applicable permits or
licenses from any government entity that has jurisdiction to require the same.
All bids submitted shall include this cost in the bid price agreement, unless
stated specifically otherwise in the Technical Specifications.
SECTION VII - STATUTORY AND OTHER REQUIREMENTS
• The Contractor shall familiarize himself and comply with all Federal, State
and local laws, ordinances and regulations, which in any manner affect those
engaged or employed in the, work, the materials or equipment to be used, or
the conduct of the work. No plea or misunderstanding will be considered
because of ignorance of the law.
STATE LAW REQUIRING MANDATORY COMPLIANCE BY ALL CONTRACTORS -
The statutes, laws or codes cited herein are available for review at the New
Jersey State Library, 185 West State Street, Trenton, New Jersey 08625
If the CONTRACTOR observes that the Specifications or Drawings are at
variance therewith, he will give The Township prompt written notice thereof,
and any necessary changes shall be adjusted by an appropriate modification.
If the CONTRACTOR performs any work knowing it to be contrary to such
laws, ordinances, rules and regulations, and without such notice to The
Township, he will bear all costs arising there from.
• Differing site conditions
16
o If the contractor encounters differing site conditions during the progress of
the work of the contract, the contractor shall promptly notify the contracting
unit in writing of the specific differing site conditions encountered before the
site is further disturbed and before any additional work is performed in the
impacted area.
o Upon receipt of a differing site conditions notice or upon the contracting unit
otherwise learning of differing site conditions, the contracting unit shall
promptly undertake an investigation to determine whether differing site
conditions are present.
o If the contracting unit determines different site conditions that may result in
additional costs or delays exist, the contracting unit shall provide prompt
written notice to the contractor containing directions on how to proceed.
• Increase in Costs
o If the contracting unit’s investigation and directions increase the contractor’s
costs or time of performance, the contracting unit shall make a fair and
equitable adjustment to the contract price and contract completion date for
increased costs and delays resulting from the agreed upon differing site
conditions encountered by the contractor
• Decrease in costs
o If both parties agree that the contracting unit’s investigation and directions
decrease the contractor’s costs or time of performance, the contracting unit
shall be entitled to a fair and equitable downward adjustment of the contract
price or time of performance.
If the contracting unit determines that there are no differing site conditions
present that would result in additional costs or delays, the contracting unit
shall so advise the contractor, in writing, and the contractor shall resume
performance of the contract, and shall be entitled to pursue a differing site
conditions claim against the contracting unit for additional compensation or
time attributable to the alleged differing site conditions.
Execution of the contract by the contractor shall constitute a representation
that the contractor has visited the site and has become generally familiar with
the local conditions under which the work is to be performed.
17
• As used in this subsection, “differing site conditions” mean physical
conditions at the contract work site that are subsurface or otherwise concealed
and which differ materially from those indicated in the contract documents or
are of such an unusual nature that the conditions differ materially from those
ordinarily encountered and generally recognized as inherent in the work of
the character provided for in the contract.
The following is a list of some Laws/Regulations which MAY impact on this
contract. This list is not intended to be inclusive and is in addition to other
requirements, statutes, regulations cited in these General conditions:
• Mandatory Affirmative Action Certification
No firm may be issued a contract unless it complies with the affirmative
action regulations of N.J.S.A 10:5-31 et seq. & N.J.A.C 17:27 et. Seq.
• Construction Contracts
After notification of award, put prior to signing of the contract, the contractor
shall submit to the Public Agency Compliance Officer and the Division by
the Division for distribution to and completion by the contractor, in
accordance with N.J.A.C. 17:27-7. The contractor also agrees to submit a
copy of the Monthly Project Workforce Report once a month thereafter for
the duration of the contract to the Division and to the Public Agency
Compliance Officer.
The contractor agrees to cooperate with the public agency in the payment of
budgeted funds, as it necessary, for on-the-job and/or off-the-job programs
for outreach and training of minorities and women.
• American Goods and Products to be used where possible
Only manufactured and farm products of the United States, wherever
available, shall be used pursuant to N.J.S.A. 40A:11-18.
• Uniformed Traffic Control Officers Required
As per N.J.S.A40A:11-23.1(C) Uniformed Traffic Control Officers:
18
X
WILL NOT BE REQUIRED
WILL BE REQUIRED (see technical specifications)
• Americans with Disabilities Act of 1990
Discrimination on the basis of disability in contracting for the purchase of
bids and services is prohibited. The successful bidder is required to read
Americans with Disability language that is part of this specification and
agrees that the provisions of Title II of the Act are made a part of the contract.
The successful bidder is obligated to comply with the Act and to hold The
Township harmless.
• Prevailing Wage (if applicable)
Pursuant to N.J.S.A 34:11-56.25 et seq., successful bidders on projects for
public work construction, repair or alteration which exceed the statutory
minimum value shall adhere to all requirements of the New Jersey Prevailing
Wage Act. All workmen employed by the contractor or his subcontractors
shall be paid not less than the prevailing wage rate for that particular craft. if
any workmen employed by the contractor or his subcontractors have been
paid less than required, then The Township may terminate the contractor's or
subcontractor's right to proceed with the work. The contractor or his
subcontractors and their sureties would be liable to The Township for any
excess costs occasioned by this action.
Prevailing wage rates shall be posted by the contractor and subcontractors and
the wage records for the contract shall be accessible to The Township and
State officials at reasonable hours. All such records shall be retained for a
minimum of two years.
The contractor and his subcontractors shall be required to submit a certified
payroll record to The Township within ten (10) days of the payment of the
wages. The contractor is also responsible for obtaining and submitting all
subcontractors' certified payroll records within the aforementioned time
period. The contractor shall submit said certified payrolls in the form set forth
in N. J.A.C. 12:60-6.1(c). It will be the contractor's responsibility to obtain any
additional copies of the certified payroll form to be submitted by contacting
the Office of Administrative Law, CN 049, Trenton, New Jersey 08625 or
the New Jersey Department of Labor, Division of Workplace Standards.
19
Contractor and his subcontractors are required to provide a certification as to
the required wages then due to any and all workmen for the contract prior to
receipt of final payment and final payment will not be made until these wages
have been paid or The Township is satisfied that the wages will be paid with
the receipt of the final payment.
P.L. 2009, c.284 (A-3317/S-2427): Requires journeyman electricians or civil
service qualified electricians to perform electrical installation, repair and
maintenance work done by public employees on public property. Effective
August 1, 2010. The employee must be: a registered, qualified journeyman
electrician; or an employee who holds any civil service title with a job
description which includes electrical work pursuant to the “Civil Service
Act.”
New Jersey Prevailing Wage Act, N.J.S.A. 34:11-56.27 and 56.28. The
following must be included in all contracts
a. The prevailing wage rates for county in which the project is located (the wage
rates can be attached as an exhibit);
b. “workers shall be paid not less than such prevailing wage rate;”
c. “in the event it is found that any worker, employed by the contractor or any
subcontractor covered by said contract, has been paid a rate of wages less
than the prevailing wage required to be paid by such contract, the public
body, the lessee to whom the public body is leasing a property or premises or
the lessor from whom the public body is leasing or will be leasing a property
or premises may terminate the contractor's or subcontractor's right to proceed
with the work, or such part of the work as to which there has been a failure
to pay required wages and to prosecute the work to completion or otherwise.
• Davis Bacon and Related Act and NJ Prevailing Wage Act.
All laborers and mechanics employed by construction contractors or sub-
contractors under contract in excess of $2,000 financed in whole or in part
with grants or loans under the CDBG/DR Program shall be paid wages at
rates not less than those prevailing on similar construction.
The Davis-Bacon Act as amended (40 U.C.S. 276(a)- et. Seq.,) applies to the
rehabilitation of residential property only if such property equals or exceeds
eight units.
• Copeland Act.
20
The Copeland Act, known as the "anti-kickback" prohibition, is applicable to
work performed by laborers and mechanics. Implementing Department of
Labor regulations provide that all laborers and mechanics shall be paid
unconditionally and not less often than once a week and without subsequent
deduction or rebate except "permissible" salary deductions. Contractors and
sub-contractors are required to submit appropriate weekly compliance
statements and payrolls to the Contractors, subcontractors, borrower, and/or
sub-recipients .
• Contract Work Hours and Safety Standards Act.
The Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333)
provides that laborers or mechanics shall receive compensation at a rate not
less than one and one half times their basic rate of pay for all hours worked
in excess of eight hours in any calendar day or in excess of forty hours in
any work week. In the event of violations, the contractor or sub- contractor
shall be liable to any affected employee for his unpaid wages.
All contractors, subcontractors, borrower, and/or sub-recipients are required
to administer and enforce the labor standards requirements set forth in
Section 570.605 of the regulations of the Housing and Community
Development Act of 1974.
• Stockholder Disclosure
Chapter 33 of the Public Laws of 1977 provides that no corporation or
partnership shall be awarded any contract for the performance of any work
or the furnishing of any materials or supplies, unless, prior to the receipt of the
bid or accompanying the bid of said corporation or partnership, there is
submitted a statement setting forth the names and addresses of all
stockholders in the corporation or partnership who own ten percent or more of
its stock of any class, or of all individual partners in the partnership who own
a ten percent or greater interest therein. Form of Statement shall be completed
and attached to the bid proposal.
• The New Jersey Worker & Community Right to Know Act
The manufacturer or supplier of a substance or mixture shall supply the
Chemical Abstracts Service number of all the components of the mixture or
substance and the chemical name. The manufacturer and supplier must
properly label each container. Further, all applicable Material Safety Data
Sheets (MSDS) - hazardous substance fact sheet- must be furnished.
• VOC REQUIREMENT
The Contractor shall use on the job site only chemicals and cleaning products
that do not exceed the national Volatile Organic Chemical (VOC) limitations
rule(s) published by the U.S. Environmental Protection Agency (EPA).
21
• Non-Collusion Affidavit
The Non-Collusion Affidavit, which is part of these specifications, shall be
properly executed and submitted with the bid proposal.
• Safety & Protection
The Contractor will be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the work. He will take all necessary
precautions for the safety of; and will provide the necessary protection to prevent damage,
injury or loss to all employees on the work and other persons who may be affected by the
work and all public/private property at the site or adjacent to the work area. The Contractor
will be solely responsible for compliance with all relevant State and Federal Law and
Regulation governing construction activities and practices.
• Other Related Statutes:
o TITLE 40A, Chapter 11, Public Contract Law.
o TITLE 34, Chapter 2, concerning employment of child labor; Chapter
5, concerning safety codes for workers in the construction industry
together with the rules and regulations of the State Department of
Labor and Industry, Chapter 10, concerning establishment of an
eight-hour working day for laborers, workmen and mechanics.
o TITLE 52, Chapter 34, concerning the payment of commissions,
percentage, brokerage or contingent fees to solicit or secure the
contract.
• Release of Liens
Prior to the final payment the contractor shall provide a certification that all
liens relating to the contract have been satisfied or will be satisfied though
the receipt of the final payment.
• Public Works Contractor Registration Act
All contractors, subcontractors and sub-subcontractors must register with the
Department of labor prior to bidding or engaging on certain public works
contracts (construction, reconstruction, demolition, alteration repair or
maintenance of a public building regularly open to and used buy the general
public or a public institution). A copy of this registration must be provided
with any bid proposal or prior to award of contract indicating at time of bid
opening the registration was valid.
• New Jersey Business Registration Certification
All contractors and businesses must submit with their bid proof that they are
properly registered with the Department of Treasury of the State of New
22
Jersey pursuant to Chapter 57 of the laws of 2004. This certificate must be
provided with the proposal for their bid to be accepted. For any proposal
involving subcontractors, the Business Registration Certificate must be
provided for both the contractor and each subcontractor required to be listed
in the bid document. See attached detailed information on this requirement.
The contractor shall provide written notice to its subcontractors of the
responsibility to submit proof of business registration to the contractor.
Before final payment is made the contractor shall submit an accurate list and
the proof of business registration of each subcontractor or supplier used in
the fulfillment of the contract or shall attest that no subcontractors were used.
For the term of the contract, the contractor and each of its affiliates and a
subcontractor and each of its affiliates [N.J.S.A. 52:32- 44(g)(3)] shall collect
and remit to the Director, N.J. Division of Taxation, the use tax pursuant to
the Sales and Use Tax Act on all sales of tangible personal property delivered
into the State, regardless of whether the tangible personal property is intended
for a contract with a contracting agency.
• Pay-to-Play Legislation
Pursuant to P.L. 2005, c.271, s3 any business entity that has received $50,000
or more in a calendar year through agreements or contracts with public
entities, must file an annual disclosure statement with the Commission.
The Business Entity Annual Statement (Form BE) and filing instructions can
be found at www.elec.state.nj.us.
Standards prohibiting conflicts of interest –
The following prohibitions on contractor activities shall apply to all contracts
or purchase agreements made with the State of New Jersey, pursuant to
Executive Order No. 189 (1988).
o No vendor shall pay, offer to pay, or agree to pay, either directly or
indirectly, any fee, commission, compensation, gift, gratuity, or other
thing of value of any kind to any State officer or employee or special
State officer or employee, as defined by N.J.S.A. 52:13D-13b. and e.,
in the Department of the Treasury or any other agency with which
such vendor transacts or offers or proposes to transact business, or to
any member of the immediate family, as defined by N.J.S.A. 52:13D-
13i., of any such officer or employee, or partnership, firm or
corporation with which they are employed or associated, or in which
such officer or employee has an interest within the meaning of
N.J.S.A. 52: 13D-13g.
23
o The solicitation of any fee, commission, compensation, gift, gratuity
or other thing of value by any State officer or employee or special
State officer or employee from any State vendor shall be reported in
writing forthwith by the vendor to the Attorney General and the
Executive Commission on Ethical Standards.
o No vendor may, directly or indirectly, undertake any private business,
commercial or entrepreneurial relationship with, whether or not
pursuant to employment, contract or other agreement, express or
implied, or sell any interest in such vendor to, any State officer or
employee or special State officer or employee having any duties or
responsibilities in connection with the purchase, acquisition or sale of
any property or services by or to any State agency or any
instrumentality thereof, or with any person, firm or entity with which
he is employed or associated or in which he has an interest within the
meaning of N.J.S.A. 52: 13013g. Any relationships subject to this
provision shall be reported in writing forthwith to the Executive
Commission on Ethical Standards, which may grant a waiver of this
restriction upon application of the State officer or employee or special
State officer or employee upon a finding that the present or proposed
relationship does not present the potential, actuality or
24
appearance of a conflict of interest.
o No vendor shall influence, or attempt to influence or cause to be
influenced, any State officer or employee or special State officer or
employee in his official capacity in any manner which might tend to
impair the objectivity or independence of judgment of said officer or
employee.
o No vendor shall cause or influence, or attempt to cause or influence,
any State officer or employee or special State officer or employee to
use, or attempt to use, his official position to secure unwarranted
privileges or advantages for the vendor or any other person.
o The provisions cited above in paragraphs a through e shall not be
construed to prohibit a State officer or employee or Special State
officer or employee from receiving gifts from or contracting with
vendors under the same terms and conditions as are offered or made
available to members of the general public subject to any guidelines
the Executive Commission on Ethical Standards may promulgate
under paragraph 3c of Executive Order No. 189.
• Notice to all contractors set-off for State Tax Notice
Pursuant to L 1995, c. 159, effective January 1, 1996, and notwithstanding
any provision of the law to the contrary, whenever any taxpayer, partnership
or S corporation under contract to provide goods or services or construction
projects to the State of New Jersey or its agencies or instrumentalities,
including the legislative and judicial branches of State government, is entitled
to payment for those goods or services at the same time a taxpayer, partner or
shareholder of that entity is indebted for any State tax, the Director of the
Division of Taxation shall seek to set off that taxpayer’s or shareholder’s
share of the payment due the taxpayer, partnership, or S corporation.
The amount set off shall not allow for the deduction of any expenses or other
deductions which might be attributable to the taxpayer, partner or shareholder
subject to set-off under this act. The Director of the Division of Taxation
shall give notice to the set-off to the taxpayer and provide an opportunity for
a hearing within thirty (30) days of such notice under the procedures for
protests established under R.S. 54:49-18.
No requests for conference, protest, or subsequent appeal to the Tax Court
25
from any protest under this section shall stay the collection of the
indebtedness. Interest that may be payable by the State, pursuant to P.L.
1987, c.184 (c.52:32-32 et seq.), to the taxpayer shall be stayed.
• NJUCC, latest NEC70, International Building Code N.J. edition 2021
State law requiring mandatory compliance by contractors under
circumstances as set forth in law or based on the type of contract. State law
requiring mandatory compliance by contractors under circumstances as set
forth in law or based on the type of contract. BUILDING SUBCODE (NJAC
5:23-3.14) International Building Code/2015, NJ ed (IBC w/ NJ edits from
3.14) Other referenced I-Codes (IFC/2015; ISPSC/2015; etc.) Other
referenced ICC Standards (ICC/ANSI A117.1-2009; ICC 300-2012; etc.),
OSHA and all applicable codes for this requirement. The contractor shall be
responsible for securing and paying all necessary permits, where applicable.
The contractor shall be responsible for securing and paying all necessary
permits, where applicable.
• Billing cycles and Alternative Dispute Resolutions in accord with New
Jersey Prompt Pay Law
In compliance with N.J.S.A. 2A:30A-1 et seq., The Township of East
Amwell shall impose the following payment process:
The Township of East Amwell shall pay the submitted bill not more than 30
calendar days after the receipt of the bill by the Owner’s Representative if the
contractor has performed in accordance with the contract and the work has
been approved and certified by the Owner’s Representative.
The billing shall be deemed “approved” and “certified” 20 calendar days after
the owner’s representative receives it, unless the Owner’s Representative
provides, before the end of the 20-day period, a written statement of the
amount withheld and the reason for withholding payment.
At least ten (10) days before each progress payment falls due (but not more
often than once a month), the Contractor will submit to the Administrator or
Architect/ A/E (hereinafter referred to as “A/E”), a partial payment estimate
filled out and signed by the Contractor covering the work performed during
the period covered by the partial payment estimate and supported by such data
as the A/E may reasonable require.
The Administrator or A/E will, within ten (10) days after receipt of each
partial payment estimate, either indicate in writing approval of payment,
26
and present the partial payment estimate to the Owner, or return the partial
payment estimate to the Contractor indicating in writing the reasons for
refusing to approve payment. In the latter case, the Contractor may make the
necessary corrections and resubmit the partial payment estimate.
With respect to any contract entered into by a contracting unit pursuant to
section 1 of P.L.1979, c.464 (C.40A:11-16.2) for which the contractor shall
agree to the withholding of payments pursuant to P.L.1979, c.152 (C.40A:11-
16.1), shall be withheld, pending completion of the contract. Upon
acceptance of the work performed pursuant to the contract for which the
contractor has agreed to the withholding of payments pursuant to subsection
a. of this section, all amounts being withheld by the contracting unit shall be
released and paid in full to the contractor within 45 days of the final
acceptance date agreed upon by the contractor and the contracting unit,
without further withholding of any amounts for any purpose whatsoever,
provided that the contract has been completed as indicated.
The request for payment may also include an allowance for the cost of major
materials and equipment which are suitable stored either at or near the site.
Payment does not relieve the Contractor of his responsibility for the safe
keeping of this material and equipment.
Prior to completion and acceptance of the work, the owner, with approval of
the A/E and with the concurrence of the Contractor, may use any completed
or substantially completed portions of the work. Such use shall not constitute
an acceptance of such portions of the work.
The Owner shall have the right to enter the premises for the purpose of doing
work not covered by the contract documents. This provision shall not be
construed as relieving the Contractor of the sole responsibility for the care
and protection of the work, or the restoration of any damaged work except
such as may be caused by agents or employees of the owner.
Upon completion and acceptance of the work, the A/E shall issue a certificate
attached to the final payment request that the work has been accepted under
the conditions of the contract documents. The entire balance found to be due
to the Contractors, including the retained percentages, but except such sums
as may be lawfully retained by the Owner, shall be paid to the Contractor
within thirty (30) days of completion and acceptance of the work. The A/E’s
certificate of acceptance will be on the document “Consultant’s Certification
for Acceptance and Final Payment or suitable other document provided for
by the A/E”.
27
The Contractor will indemnify and save the Owner or the Owner’s agents
harmless from all claims growing out of the lawful demand of
Subcontractors, laborers, workmen, mechanics, material, men and furnishers
of machinery and parts thereof, equipment, tools and all supplies incurred in
the furtherance of the performance of the work. The Contractor shall, at the
Owner’s request furnish satisfactory evidence that all obligations of the
nature designated above have been paid, discharged, or waived. If the
Contractor fails to do so the Owner may, after having notified the Contractor,
either pay unpaid bills or withhold from the Contractor’s unpaid
compensation a sum of money deemed reasonable sufficient to pay any and
all such lawful claims until satisfactory evidence is furnished that all liabilities
have been fully discharged whereupon payment to the Contractor shall be
resumed in accordance with the terms of the contract documents, but in no
event shall the provisions of this sentence be construed to impose any
obligations upon the Owner to either the Contractor, the Contractor’s Surety,
or any third party. In paying any unpaid bills of the Contractor, any payment
so made by the Owner shall be considered as a payment made under the
contract documents by the Owner to the Contractor and the Owner shall not
be liable to the Contractor for any such payments made in good faith.
• Acceptance of final payments as release
The acceptance by the Contractor of final payment shall be and shall operate
as a release to the Owner of all claims and all liability to the Contractor other
than claims in stated amounts as may be specifically excepted by the
Contractor for all things done or furnished in connection with this work and
for every act and neglect of the Owner and others relating to or arising out of
this work. Any payment, however final or otherwise, shall not release the
Contractor or its sureties from any obligations under the contract documents
or the Performance and Payment Bonds.
• Disputes over billing
All disputes over billing and payment cycles shall be resolved as outlined
within Dispute Resolution of this document.
• PRICE ADJUSTMENT FOR PURCHASE OF ASPHALT CEMENT
The asphalt price adjustment is calculated based on the basic asphalt price
index as published by the New Jersey Department of
28
Transportation in its "Standard Specifications for Road and Bridge
Construction," as those standards may be revised by the department. The price
adjustment pay item applies to each ton purchased or used and is not limited
to tonnage exceeding the threshold. When any bid specification includes the
purchase or use of less than 1,000 tons of hot mix asphalt, there shall be
allowable a price adjustment, in accord with law for any quantity of hot mix
asphalt over 1,000 tons that may be used in the work in the event that the
performance of the work, including change orders, requires more than 1,000
tons of hot mix asphalt.
“Hot mix asphalt” shall include equivalent asphalt cement-based
products, such as warm mix asphalt.
Refer
to
Section
160.03.02
for the
Asphalt
Price
Adjustment calculation.
http://www.state.nj.us/transportation/eng/specs/2007/spec150.sht m#s160.
The asphalt price adjustment is to be calculated based on the asphalt price
index published by the New Jersey Department of Transportation (NJDOT)
for the month preceding the month in which the bids are opened (the “basic
asphalt price index”). All invoices for payment shall be accompanied by the
calculation of any asphalt price adjustment and a display of both the current
month’s asphalt price index and the basic asphalt price index.
• FUEL PRICE ADJUSTMENTS FOR ALL CONTRACTS P.L. 2015, c. 201
“Fuel price adjustment” shall apply to all bid specifications, not just those for
the construction, alteration or repair of a public building, where a pay item is
eligible. Pay items shall not be eligible for a fuel price adjustment that are
either 1) not determined by NJDOT to be eligible, or 2) eligible but call for
less than 500 gallons of fuel. Items eligible for a fuel price adjustment are set
forth under Contract Requirements (Section 160.03.01) for NJDOT’s
Standard Specifications for Road and Bridge Construction.
Fuel price adjustments shall not be made in those months for which the
NJDOT’s monthly fuel price index has changed by less than five percent
(5%) from the basic fuel price. The term “pay item”, as defined by N.J.S.A.
40A:11-13(f), means a “specifically described
29
item of work for which the bidder provides a per unit or lump sum price in a
bid specification determined and published by the New Jersey Department of
Transportation.” Under no circumstances may the quantities of hot-mix
asphalt or equivalent be disaggregated for the purpose of avoiding
compliance with the provisions of P.L. 2015, c.201.
• MANDATORY PRICE ADJUSTMENT FOR ASPHALT CEMENT
AND FUEL P.L. 2009, c.187; APPLIES TO PAVING CONTRACTS:
PAVING CONTRACTS executed after May 1, 2010 allow for increases and
decreases in asphalt and fuel prices over the course of large construction
contracts. The calculation is based upon 2007 NJDOT Specifications –
Division 150 Contract Requirements, Section 160.01 through 160.03.
The law requires that PAVING CONTRACTS ANY CONSTRUCTION
CONTRACT involving more than 1,000 tons of hot mix asphalt include a
contract provision that allows for price adjustments in the cost of asphalt.
Fuel price adjustments are based on DOT standards for the type of
construction equipment and the work done by different equipment. For fuel
price adjustments, at least 500 gallons of fuel based on the DOT equipment
standards are required for a price adjustment, and then, only in those months
when the price fluctuated more than five percent.
DOT maintains a web site of index rates for asphalt and fuel that are adjusted
monthly. The law provides that when the quantity or equipment use
thresholds are reached, fuel price adjustments are made, using the change in
index rate from the time of bidding to when the work was performed. The
change is treated as a “pay item” in construction contracts.
• Requirements for New Jersey State Comptroller
Pursuant to N.J.S.A. 52:15C-14(d), relevant records of private vendors or
other persons entering into contracts with the County are subject to audit or
review by the New Jersey Office of the State Comptroller. Therefore, the
Contractor shall maintain all
30
documentation related to products, transactions or services under this
contract for a period of five years from the date of final payment. Such records
shall be made available to the New Jersey Office of the State Comptroller upon
request.
SECTION VIII - BID OPENING I ANALYSIS & AWARD
• Acceptance of Bids
The Township of East Amwell reserves the right to waiver any immaterial
defect or informality in any bid and reserves the right to accept that bid or
portion thereof which, in its judgment, is in the best interest of The Township.
The Township of East Amwell also reserves the right to reject any or all bids.
Any bid received after the time and date specified shall not be considered.
• Bid Opening
All Bidders or their authorized agents are invited to be present when the bids
are opened and read publicly. All bids may be inspected at this time. No bid
may be withdrawn after the specified opening time and ate. Once opened, all
bids become the property of The Township of East Amwell and will not be
returned to the bidders.
All supply/ service contracts shall be for 12 consecutive months unless
otherwise noted in technical or supplemental specifications.
The Township of East Amwell may award the work on the basis of the Base
Bid, or the base bid combined with such Alternates as selected, until a net
amount is reached which is within the funds available.
If the award is to be made on the basis of Base Bids only, it will be made to
that responsible bidder whose Base Bid, therefore, is the lowest. If the award
is to be made on the basis of a combination of a Base Bid with Options, it
will be made to that responsible bidder whose net bid on such combination is
the lowest.
The Township of East Amwell may also elect to award the work on the basis
of line items or unit prices, whichever results in the lowest total amount.
• Contract Award
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Should The Township decide to award the contract, it shall notify the
successful bidder in writing within sixty (60) days of receipt of bids. Should
a successful bidder fail or refuse to execute and deliver such contract,
certificates of insurance, required stated documentation and bonds within 10
days after receipt of Notice of Award, or within such other time period as
specified in the technical specifications, The Township may revoke the
acceptance of his proposal and the bidder shall become liable for any
difference in the proposal awarded and the amount of the contract which The
Township may be obliged to award to another because of the refusal or
omission of a successful bidder to execute and deliver the contract and bonds
aforementioned, together with any sums which The Township may be obliged
to spend by reason for the default of the bidder
The successful bidder will not assign any interest in this bid and shall not
transfer any interest in the same without the prior written consent of The
Township.
SECTION IX - REJECTION OF BIDS
Bids may be rejected for any of the following reasons:
• All bids pursuant to N.J.S.A. 40A:11-13.2;
• If more than one bid is received from an individual, firm or partnership,
corporation or association under the same name;
• Multiple bids from an agent representing competing bidders;
• The bid is inappropriately unbalanced;
• The bidder is determined to possess, pursuant to N.J.S.A. 40A:11-4b, Prior
Negative Experience; or,
• If the successful bidder fails to enter into a contract within 21 days, Sundays
and holidays excepted, or as otherwise agreed upon by the parties to the
contract. In this case at its option, the owner may accept the bid of the next
lowest responsible bidder. (N.J.S.A. 40A:11-24b)
SECTION X - CONTRACT ADMINISTRATION
• Contract Documents
The Contract documents shall consist of the Contract, the drawings, the
32
Specifications, and all modifications and addenda incorporated prior to
execution of the Contract. All the documents are intended to supplement each
other and together constitute a complete set of specifications.
The specifications are intended to require and include all work, equipment,
and materials necessary for proper completion of the work contemplated. If
in any case the specifications do not show, note or otherwise require some
work, equipment or material necessary for that purpose, the Contractor shall,
nevertheless, provide same to fulfill the true intent and purpose of the
specifications.
• Inspection
The Administrator and the A/E shall have the right to inspect all materials
and work done during any phase of construction, fabrication, or manufacture.
The Contractor shall furnish all reasonable facilities and aid to the A/E and
safe and convenient means for the examination and inspection of any part of
the work.
• Authority to Withhold Payment
The Administrator or the A/E, because of subsequently discovered evidence,
may cause to be withheld or cause to be nullified, the whole or a part of any
payment to such extent as may be necessary to protect The Township from
loss because of
Defective work, materials or equipment not corrected; improper work
performed; disapproved substitution of material or equipment specified.
Claims filed or reasonable evidence indicating the probability of claims being
filed.
Failure of the Contractor to make payments properly to subcontractors or for
material or labor.
A reasonable doubt that the contract can be completed for the balance then
unpaid.
Damage to another contract, agency, governing body, corporation or person.
When the above grounds are removed, payment shall be made for amounts
withheld because of them.
33
• Financial Procedures
Payment in full shall be made upon the completion of the contract
requirements of the specifications. Partial payments shall be made if the
required work or equipment can be completed in stages and if previously
agreed to by the Administrator. All payments shall be approved by The
Township Council at their bi-monthly meeting. Vouchers shall be submitted
at least 10 days prior to this meeting for inclusion upon the agenda. Only
properly executed City vouchers may be used for payments.
Partial payment shall be made on the basis of a certified an approved estimate
of work completed. (See SECTION VII)
• Timeliness
o Commencement of Work
The Contractor shall commence work within 30 days of execution of contract by The
Township. (Working days excludes Saturdays, Sundays and Designated City Holidays)
o Completion of Work
The Contractor shall complete all of the work required in these
specifications within 3 0 Working days after commencing work as
required in Section I above.
• Term of Contract – Liquidated Damages
The terms of this contract shall be completed within the time specified for
completion of the work. The Township reserves the right to extend this term
of the contract upon application by the contractor providing evidence of
circumstances beyond the control of the contractor preventing his successful
completion of the contract.
In the case the Contractor shall fail to complete the work within the time fixed
for such completion, or within the time to which such completion may have
been extended, the Contractor shall pay to The Township in the sum of
SCHEDULE OF LIQUIDATED DAMAGES
FOR EACH DAY OF OVERRUN IN
THE CONTRACT TIME
34
ORIGINAL CONTRACT AMOUNT
FROM MORE THAN
TO AND INCLUDING
LIQUIDATED
DAMAGES
$
0.00
$ 500,000.00
$ 400.00
$ 500,000.00
$ 1,000,000.00
$ 500.00
$ 1,000,000.00
$ 2,000,000.00
$ 600.00
$ 2,000,000.00
$ 5,000,000.00
$ 750.00
$ 5,000,000.00
$10,000,000.00
$1,000.00
$10,000,000.00
$15,000,000.00
$1,500.00
dollars for each and every working day that the time consumed in completing
the work exceeds the time allowed therefore; starting at twelve (12 o'clock)
midnight of the date set for completion of the contract, which said sum, in
view of the difficulty or accurately ascertaining the loss which The Township
will suffer by reason of delay in the completion of the work hereunder is
hereby fixed and agreed as the liquidated damages that The Township will
suffer by reason of such delay, and not as a penalty. The Township will
deduct and retain out of the monies which may become due hereunder, the
amount of any such liquidated damages.
The successful bidder/ contractor shall not assign transfer, convey, sublet or
otherwise dispose of any interest in this contract without the prior written
consent of The Township.
• Scope of work -City’s option to reduce scope of work
The Township has the option, in its sole discretion, to reduce the scope of
work for any deliverable, task or subtask called for under this contract.
In such an event, the Owner shall provide to the contractor advance written
notice of the change in scope of work and what the Owner believes should be
the corresponding adjusted contract price.
Within five (5) business days of receipt of such written notice, if either is
applicable:
o If the contractor does not agree with the Owners proposed adjusted
contract price, the contractor shall submit to the Owner any additional
information that the contractor believes impacts the adjusted contract
price with a request that the Owner reconsider
35
the proposed adjusted contract price. The parties shall negotiate the
adjusted contract price. If the parties are unable to agree on an adjusted
contract price, the Owner shall make a prompt decision taking all such
information into account and shall notify the contractor of the final
adjusted contract price.
o If the contractor has undertaken any work effort toward a deliverable,
task or subtask that is being changed or eliminated such that it would
not be compensated under the adjusted contract, the contractor shall
be
compensated for such work effort according to the applicable portions
of its price schedule and the contractor shall submit to the Owner an
itemization of the work effort already completed by deliverable, task
or subtask within the scope of work, and any additional information
the Owner may request. The Owner shall make a prompt decision
taking all such information into account and shall notify the
contractor of the compensation to be paid for such work effort.
• Change in law
Whenever a change in applicable law or regulation affects the scope of work,
the Owner shall provide written notice to the contractor of the change and the
Owner’s determination as to the corresponding adjusted change in the scope
of work and corresponding adjusted contract price.
Within five (5) business days of receipt of such written notice, if either is
applicable:
o If the contractor does not agree with the adjusted contract price, the
contractor shall submit to the Owner any additional information that
the contractor believes impacts the adjusted contract price with a
request that the Owner reconsider the adjusted contract price. The
Owner shall make a prompt decision taking all such information into
account and shall notify the contractor of the final adjusted contract
price.
o If the contractor has undertaken any work effort toward a deliverable,
task or subtask that is being changed or eliminated such that it would
not be compensated under the adjusted contract, the contractor shall
be compensated for such work effort according to the applicable
portions of its price schedule and the contractor shall
36
submit to the Owner an itemization of the work effort already
completed by deliverable, task or subtask within the scope of work,
and any additional information the Owner may request. The Owner
shall make a prompt decision taking all such information into account
and shall notify the contractor of the compensation to be paid for such
work effort.
• Suspension of work
The Owner may, for valid reason, issue a stop order directing the contractor to
suspend work under the contract for a specific time. The contractor shall be
paid for goods ordered, goods delivered, or services requested and performed
until the effective date of the stop order. The contractor shall resume work
upon the date specified in the stop order, or upon such other date as the Owner
may thereafter direct in writing. The period of suspension shall be deemed
added to the contractor's approved schedule of performance. The Owner shall
make an equitable adjustment, if any is required, to the contract price. The
contractor shall provide whatever information that Owner may require
related to the equitable adjustment.
The contracting unit shall provide written notice to the contractor in advance
of any suspension of work lasting more than 10 calendar days of the
performance of all or any portion of the work of the contract. If the
performance of all or any portion of the work of the contract is suspended by
the contracting unit for more than 10 calendar days due to no fault of the
contractor or as a consequence of an occurrence beyond the contracting unit’s
control, the contractor shall be entitled to compensation for any resultant
delay to the project completion or additional contractor expenses, and to an
extension of time, provided that, to the extent feasible, the contractor, within
10 calendar days following the conclusion of the suspension, notifies the
contracting unit, in writing, of the nature and extent of the suspension of work.
The notice shall include available supporting information, which information
may thereafter be supplemented by the contractor as needed and as may be
reasonably requested by the contracting unit. Whenever a work suspension
exceeds 60 days, upon seven days’ written notice, either party shall have the
option to terminate the contract for cause and to be fairly and equitably
compensated therefore.
Upon receipt of the contractor’s suspension of work notice in accordance
with paragraph of this subsection, the contracting unit shall promptly
evaluate the contractor’s notice and promptly advise the contractor of its
determination on how to proceed in writing.
37
If the contracting unit determines that the contractor is entitled to additional
compensation or time, the contracting unit shall make a fair and equitable
upward adjustment to the contract price and contract completion date.
If the contracting unit determines that the contractor is not entitled to
additional compensation or time, the contractor shall proceed with the
performance of the contract work and shall be entitled to pursue a suspension
of work claim against the contracting unit for additional compensation or
time attributable to the suspension.
Failure of the contractor to provide timely notice of a suspension of work
shall result in a waiver of a claim if the contracting unit can prove by clear
and convincing evidence that the lack of notice or delayed notice by the
contractor actually prejudiced the contracting unit’s ability to adequately
investigate and defend against the claim.
• Delivery requirements
Deliveries shall be made at such time and in such quantities as ordered in
strict accordance with conditions contained in the contract.
The contractor shall be responsible for the delivery of material in first class
condition to The Township’s using agency or the purchaser under this
contract and in accordance with good commercial practice.
Items delivered must be strictly in accordance with the contract.
In the event delivery of goods or services is not made within the number of
days stipulated or under the schedule defined in the contract, the using agency
shall be authorized to obtain the material or service from any available
source, the difference in price, if any, to be paid by the contractor.
• Applicable Law and jurisdiction
This contract and any and all litigation arising therefrom or related thereto
shall be governed by the applicable laws, regulations and rules of evidence of
the State of New Jersey without reference to conflict of laws principles and
shall be filed in the appropriate Division of the New Jersey Superior Court.
38
• Contract amendment
Except as provided herein, the contract may only be amended by written
agreement of the Municipality and the contractor.
• Maintenance of records
"Contractor shall maintain all documentation related to products, transactions or services
under this contract for a period of five years from the date of final payment. Such records
shall be made available to the New Jersey Office of the State Comptroller upon request."
N.J.A.C. 17:44-2.2.
“Contract documents” includes the invitation to bidders, request for proposals, request for
qualifications (or other solicitation), or any separate agreement signed by the contractor.
• Assignment of Anti-Trust Claims
The contractor recognizes that in actual economic practice, overcharges
resulting from antitrust violations are in fact usually borne by the ultimate
purchaser. Therefore, and as consideration for executing this contract, the
contractor, acting herein by and through its duly authorized agent, hereby
conveys, sells, assigns, and transfers to The Township of East Amwell, for
itself and on behalf of its political subdivisions and public agencies, all right,
title and interest to all claims and causes of action it may now or hereafter
acquire under the antitrust laws of the United States or The Township of East
Amwell, relating to the particular goods and services purchased or acquired
by The Township of East Amwell or any of its political subdivisions or public
agencies pursuant to this contract.
In connection with this assignment, the following are the express obligations
of the contractor:
It shall take no action that will in any way diminish the value of the rights
conveyed or assigned hereunder.
It shall advise the Municipal Attorney of The Township of East Amwell:
In advance of its intention to commence any action on its own behalf
regarding any such claim or cause(s) of action;
Immediately upon becoming aware of the fact that an action has been
commenced on its behalf by some other person(s) of the pendency of
such action.
It shall notify the defendants in any antitrust suit of the within assignment at
39
the earliest practicable opportunity after the contractor has initiated an action on its own
behalf or becomes aware that such an action has been filed on its behalf by another person.
A copy of such notice shall be sent to the Municipal Attorney of The Township of East
Amwell.
It is understood and agreed that in the event any payment under any such claim
or cause of action is made to the contractor, it shall promptly pay over to The
Township of East Amwell the allotted share thereof, if any, assigned to The
Township hereunder.
• Price fluctuation during contract
Unless otherwise agreed to in writing by The Township all prices quoted shall
be firm through issuance of contract or purchase order and shall not be
subject to increase during the period of the contract. In the event of a
manufacturer's or contractor's price decrease during the contract period, The
Township shall receive the full benefit of such price reduction on any
undelivered purchase order and on any subsequent order placed during the
contract period.
The Owner must be notified, in writing, of any price reduction within five (5)
days of the effective date. Failure to report price reductions may result in
cancellation
of contract
for
cause
pursuant
to
SECTION XI
TERMINATION OF CONTRACT.
SECTION XI - TERMINATION OF CONTRACT
• If through any cause, the successful bidder shall fail to fulfill in a timely and
proper manner obligations under this contract or if the contractor shall violate
any of the requirements of this contract, The Township shall thereupon have
the right to terminate this contract by giving written notice to the contractor
of such termination and specifying the effective date of termination. Such
termination shall relieve The Township of any obligation for balances to the
contractor of any sum or sums set forth in the contract.
• Notwithstanding the above, the contractor shall not be relieved of liability to
The Township for damages sustained by The Township by virtue of any
breach of the contract by the contractor and The Township may withhold any
payments to the contractor for the purpose of compensation until such time
as the exact amount of the damage due The Township from the contractor is
determined.
40
• The contractor agrees to indemnify and hold The Township harmless from
any liability to subcontractors / suppliers concerning payment for work
performed or goods supplied arising out of the lawful termination of the
contract by The Township under this provision.
• In case of default by the successful bidder, The Township may procure the
articles or services from other sources and hold the successful bidder
responsible for any excess cost occasioned thereby.
• The Township shall have the right to declare the Contract in default in any of
the following eventualities:
o The Contractor becomes insolvent or a voluntary or involuntary
petition in bankruptcy be filed by or against the Contractor.
o The Contractor makes an assignment for the benefit of creditors
pursuant to the Statutes of the State of New Jersey.
o The Contractor fails to commence work when notified to do so by the
Administrator or the A/E.
o The Contractor shall abandon the work.
o The Contractor shall refuse to proceed with the work when and as
directed by the Administrator or the A/E.
o The Contractor shall without just cause, reduce his working force to
a number which, if maintained, shall be insufficient, in the opinion of
the Administrator or the A/E, to complete the work in accordance
with the approved Progress Schedule, and shall fail or refuse to
sufficiently to increase such working force when ordered to do so by
the Administrator or A/E.
o The Contractor shall sublet, assign, transfer, convey or otherwise
dispose of this Contract other than as herein specified.
o A receiver or receivers are appointed to take charge of the
Contractor's property or affairs.
o The Administrator or A/E shall be of the opinion that the Contractor
is or has been unnecessarily, unreasonably, or willfully delaying the
performance or completion of the work, and the awards of
41
necessary sub-contractors, or the placing of necessary material and
equipment orders.
o The Administrator or A/E shall be of the opinion that the Contractor
is or has been willfully or in bad faith violating any of the provisions
of this contract in good faith and in accordance with its terms.
o The work is not completed within the time herein provided therefore
or within the time to which the Contractor may be entitled to have
such completion extended.
Before The Township shall exercise its right to declare the Contractor
in default by reason of the conditions set forth above, the Contractor
shall be given an opportunity to be heard. The right to declare in
default, for any of the grounds specified or referred to herein, shall be
exercised by sending the Contractor a
notice, signed by the Administrator, setting forth the ground or
grounds upon which such default is declared. Upon receipt of such
notice, the Contractor shall immediately discontinue all further
operations under this contract and shall immediately quit the site,
leaving UNTOUCHED all plant, materials, equipment, tools and
supplies then on the site.
The Township, after declaring the Contractor in default, shall then
have the work completed by such means and in such manner, by
contract with or without public letting, or otherwise, as The Township
shall deem advisable, utilizing for such purposes any of the
Contractor's or Sub-contractor's plant, materials, equipment, tools and
supplies remaining on the site, as shall be deemed to be available.
After such completion, The Township shall certify the expense
incurred in such completion, which shall include the cost of relating
as well as the total amount of liquidated damages (at the rate provided
for) from the date when the work should have been completed by the
Contract, in accordance with the terms hereof to the date of actual
completion of the work. Such certifications shall be binding and
conclusive upon the Contractor, his Sureties, and any person claiming
under the contract, as to the amount thereof.
The expense of such completion, as so certified by The Township
shall be charged against and deducted from such monies as would
have been payable to the Contractor, if he had completed the work; and
the balance of such monies, if any, subject to the other provisions of
42
this Contract, shall be paid to the Contractor without interest after
such completion. Should the expense of such completion, so certified
by The Township, exceed the total sum which would have been
payable under this contract if the same had been completed by the
Contractor, any such excess shall be paid by the Contractor to The
Township upon demand.
• Continuation of the terms of this contract beyond the fiscal year is contingent
on availability of fluids in the following year's budget. In the event of
unavailability of such funds, The Township reserves the right to cancel this
contract.
• For Convenience
Notwithstanding any provision or language in this contract to the contrary,
The Township may terminate this contract at any time, in whole or in part, for
the convenience of The Township upon no less than thirty (30) days written
notice to the contractor.
SECTION XII – SUBCONTRACTING AND ASSIGNMENT
•
Subcontracting:
The contractor may not subcontract other than as identified in the contractor’s
proposal without the prior written consent of the Director. Such consent, if
granted in part, shall not relieve the contractor of any of his responsibilities under
the contract, nor shall it create privity of contract between the State and any
subcontractor. If the contractor uses a subcontractor to fulfill any of its
obligations, the contractor shall be responsible for the subcontractor’s:
(a) Performance;
(b) Compliance with all of the terms and conditions of the contract; and
(c) Compliance with the requirements of all applicable laws.
Assignment: The contractor may not assign its responsibilities under the
contract, in whole or in part, without the prior written consent of the Owner.
•
No contractual relationship between subcontractors and City.
Nothing contained in any of the contract documents, including the RFP and
vendor’s bid or proposal shall be construed as creating any contractual
43
relationship between any subcontractor and The Township.
•
Mergers and Acquisitions
If, during the term of this contract, the contractor shall merge with or be acquired
by another firm, the contractor shall give notice to the Owner as soon as practicable
and in no event longer than thirty (30) days after said merger or acquisition.
The contractor shall provide such documents as may be requested by the Owner,
which may include but need not be limited to the following: corporate resolutions
prepared by the awarded contractor and new entity ratifying acceptance of the
original contract, terms, conditions and prices; updated information including
ownership disclosure and Federal Employer Identification Number. The
documents must be submitted within thirty (30) days of the request. Failure to do
so may result in termination of the contract for cause.
If, at any time during the term of the contract, the contractor's partnership,
Limited Liability Company, limited liability partnership, Professional
Corporation, or corporation shall dissolve, the Owner must be so notified. All
responsible parties of the dissolved business entity must submit to the Owner in
writing, the names of the parties proposed to perform the contract, and the names
of the parties to whom payment should be made. No payment shall be made until
all parties to the dissolved business entity submit the required documents to the
Owner.
SECTION XIII -DISPUTE RESOLUTION
Any dispute arising under this Contract shall be resolved in accordance with and
subject to the provisions contained in N.J.S.A. 40A: 11-41.1 as outlined below.
Nothing in this section shall prevent The Township from seeking injunctive or
declaratory relief in court at any time.
• All remedies provided elsewhere in the contract and/or specifications
governing the project in dispute shall be exhausted prior to initiating this
Dispute Resolution process. Where The Township, its A/E or architect, or its
administrative authorities are required by contract or specifications to issue a
decision, such decision must be rendered within the time constraints in said
contract prior to proceeding to resolve the dispute in accordance with this
section
• Prior to litigation, The Township and contractor shall endeavor to settle
disputes by mediation in accordance with the current Construction
Industry
44
Mediation Rules of the American Arbitration Association. The demand for
mediation shall be filed in writing with the other party to the Contract and
with the American Arbitration Association, with a copy to the Administrator,
A/E or Architect for the project. This demand must cite the specifics of the
dispute and the relevant remedies sought.
o In no event shall a demand for mediation be made more than 30 days
after the decision in dispute is rendered by The Township, its A/E,
architect, or administrative authorities, nor more than 30 days after
the completion and acceptance of the work and issuance of final
payment, nor after the institution of legal or equitable proceedings
unless specifically agreed to by all parties to the dispute.
o Nothing herein shall be construed to prevent The Township and
contractor from agreeing to an alternate dispute resolution procedure
in lieu of or in addition to mediation.
• This Dispute resolution procedure shall not prevent The Township from
notifying any performance guarantor (surety) or maintenance guarantor
(surety) of the dispute and requesting the surety's assistance in resolving any
disputes with involve the contractor's performance or lack thereof
• Default Provision
For those contracts which do not require a Performance Bond, the following
DEFAULT PROVISIONS govern:
o If the contractor fails to complete the required work within the
number of days specified in the contract, or abandons the required
work for 5 working days, and fails to commence working within 3
calendar days after receiving Notice of Default from The Township,
then the contractor is declared to be in default of the contract.
o In instances of the default of a contract, The Township of East
Amwell reserves the right to immediately have the specified work
completed by an alternate contractor and the cost of this completion
deducted from any and all monies owed to the original contractor. If
insufficient funds are not available within the value of the original
contract, then the contractor shall be liable for any and all extra costs
incurred by The Township in completing the specified work.
45
SECTION XIV – PERMISSION FOR BIDDER TO WITHDRAW BID
• NJSA 40A:11-23.3 authorizes a bidder to request withdrawal of public works
bid due to a mistake on the part of the bidder. A mistake is defined by NJSA
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 NJSA 40A:11-23.3 must submit a request
for withdrawal in writing, by certified mail or registered mail to the Business
Administrator. The bidder must request withdrawal of a bid due to a mistake,
as defined by the law, within five (5) business days after the receipt and
opening of the bids. Since the bid withdrawal request shall be effective as of
the postmark of the certified or registered mailing, the Business
Administrator may contact all bidders, after bids are opened, to ascertain if
any bidder wishes to, or already have exercised a request to withdraw their
bid pursuant to NJSA 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
NJSA 40A:11-23.3.
• The public owner will not consider any written requests for a bid withdrawal
for a mistake, as defined by NJSA 40A:11-2(42), by a bidder in preparation
of a bid proposal unless the postmark of the certified or registered mailing is
within five (5) business days following the opening of bids.
SECTION XV - OTHER PROVISIONS
• Both parties agree to comply with all requirements of the Federal Health
Insurance Portability and Accountability Act of 1996 (“HIPAA”) as maybe
amended from time to time, and the corresponding HIPAA regulations for
the confidentiality and security of medical information. If awarded the bid,
the contractor shall:
o Not use or disclose protected health information other than as
permitted or required by law
o Use appropriate safeguards to protect the confidentiality of the
information
o Report any use or disclosure not permitted
• The contractor, by execution of the contract, shall thereby indemnify and
hold the owner harmless from any and all liabilities, claims, actions, costs
46
and penalties which may be incurred as the result of the failure of the
contractor to comply with the requirements of the Health Insurance
Portability and Accountability Act (HIPAA) or any other statute or case law
protecting the privacy of persons using its services.
• The owner shall retain all of its rights and interest in any and all documents
and property, both hard copy (if applicable) and digital furnished by the
owner to the successful bidder (contractor) for the purpose of assisting the
contractor in the performance of this contract. None of the documents and/or
property shall, without the written consent of the owner, be disclosed to others
or used by the contractor or permitted by the contractor to be used by their
parties at any time except in the performance of the resulting contract.
• The contractor shall not have the right to use, sell, or disclose the total of the
interim or final work products, or make available to third parties, without the
prior written consent of the owner. Any information supplied to the owner
may be required to be supplied on CD/DVD or USB flash drive media
compatible with Microsoft Windows, and Microsoft Office Suite 2010 or
greater.
• Under state and federal statutes, certain government records are protected
from public disclosure. The owner, the contractor and any subcontractors
have a responsibility and an obligation to safeguard from public access an
employee's personal information with which it has been entrusted when
disclosure thereof would violate the employee's reasonable expectation of
privacy. All payroll, personnel and health insurance related files are
confidential. Additionally, the contractor and any subcontractors may be
privy to sensitive law enforcement information or investigations during their
review which must remain confidential. The owner retains the right to make
any public disclosure under the law. Also among government records deemed
confidential are administrative or technical information regarding computer
hardware, software and networks that, if disclosed, would jeopardize
computer security. The contractor and any subcontractor(s) are prohibited
from the sale or distribution of all supplied information to any third party.
• Proof of licensure for any activity regulated by the State of New Jersey and
required to do the work required under this specification, for either the firm
or the person responsible for the work, shall be provided as required by the
owner.
•
47
SECTION XVI – CONTRACTUAL PROVISIONS SUCCESSFUL BIDDER
• Instructions and detailed drawings
The Contractor may be furnished additional instructions and detail drawings,
by the A/E, as necessary to carry out the work required by the contract
documents.
The additional drawings and instructions thus supplied will become a part of
the contract drawings. The Contractor shall carry out the work in accordance
with the additional detail drawings and instructions.
The Contractor and A/E will prepare jointly:
(A)
A schedule fixing the dates of which special detail drawings will be
required and by whom they will be made; and
(B)
A schedule fixing the respective dates for the submission of shop or
setting drawings, the beginning of manufacture, testing, and installation of
materials, supplies, and equipment, and the completion of the various parts of
the work;
Each such schedule to be subject to change from time to time as the work
progresses.
• Schedules, reports and records
The Contractor shall submit to the owner such schedule of quantities and
costs, payrolls, reports, estimates, records and other data where applicable as
are required by the contract documents for the work to be performed.
The Contractor shall submit to the A/E, within five (5) days after the
execution of the contract, a progress schedule showing the schedule with
which the contractor intends to prosecute the work. The form of the progress
schedule shall be approved by the A/E and signed by the Contractor, Owner,
and the A/E. It shall be in such a form that the percent of work completed is
indicated at any time. The Contractor will bring the progress chart up to date
at the end of each month and submit four (4)
48
revised prints with the monthly estimate for payment. THE CHART
UPDATE SHALL ALSO BE SIGNED BY THE CONTRACTOR, OWNER,
AND THE A/E. THE FAILURE TO UPDATE SAID CHART SHALL BE
CONSIDERED A SERIOUS BREACH OF THE CONTRACT. IF SUCH A
BREACH OCCURS, THE OWNER MAY CAUSE THE MONTHLY
PAYMENT TO BE WITHHELD, PENDING THE RECEIPT OF SAID
PROGRESS CHART UPDATE.
The dates at which special drawings will be required and respective dates for
submission of shop drawings, the beginning of manufacture, the testing and
the installation of materials, supplies and equipment.
The Contractor shall also submit a schedule of payments that the Contractor
anticipates will be earned during the course of the work.
• Drawings and specifications
The intent of the drawings and specifications is that the Contractor shall
furnish all labor, materials, tools, equipment and transportation necessary for
the proper execution of the work in accordance with the contract documents
and all incidental work necessary to complete the project in an acceptable
manner, ready for use, occupancy or operation by the owner.
In case of conflict between the drawings and specification, the plans shall
govern. Figure dimensions on drawings shall govern over general drawings.
Any discrepancies found between the drawings and specifications and site
conditions or any inconsistencies or ambiguities in the drawings or
specifications shall be immediately reported to the A/E in writing, who shall
promptly correct such inconsistencies or ambiguities in writing.
Work done by the Contractor after discovery of such discrepancies,
inconsistencies or ambiguities shall be done at the Contractor’s risk.
Four (4) sets of prints of the plans and specifications will be furnished upon
request at cost of reproduction.
• Shop Drawings
The Contractor shall provide shop drawings as may be necessary for the
prosecution of the work as required by the contract documents. The A/E shall
promptly review all shop drawings. The A/E’s approval of any shop drawing
shall not release the Contractor from responsibility for deviations from the
contract documents. The approval of any shop drawing which
49
substantially deviates from the requirement of the contract documents shall be
evidenced by a change order.
When submitted for the A/E’s review, shop drawings shall bear the
Contractor’s certification that he has reviewed, checked and approved the
shop drawings and that they are in conformance with the requirements of the
contract documents.
Portions of the work requiring a shop drawing or sample submission shall not
begin until the shop drawing or submission has been approved by the A/E. A
copy of each approved shop drawing and each approved sample shall be kept
in good order by the Contractor at the site and shall be available to the A/E.
Parts and details not fully indicated on the drawings shall be detailed by the
Contractor in accordance with standard A/Eing practices. The Contractor
shall submit to the A/E for approval, four (4) copies of all shop or setting
drawings as called for under the various headings of these specifications.
These drawings shall be complete and will contain all required detailed
information. If approved by the A/E, each copy of the drawings will be
identified as having received such approval by being so stamped and dated
and shall become a part of the contract. The Contractor shall make any
corrections required by the A/E. Three (3) sets of all shop drawings will be
retained by the A/E and one (1) set will be returned to the Contractor. The
approval of the drawings by the A/E shall not be construed as a complete
check, but will indicate only that the general method of construction and
detailing is satisfactory. The shop drawings herein mentioned are to become
the property of the Owner and no extra charge will be allowed to the
Contractor for such drawings.
• Samples, Workmanship and Descriptive Data
All materials furnished and all work done in carrying out the contract shall
be of the best quality and fitted to the service and conditions required. Where
no standard is specified for such work or materials, they shall be the best of
their respective kinds, trade practices, or designations.
The source of supply of each of the materials shall be approved by the A/E
before the delivery is started. Representative preliminary samples of the
character and quality herein described shall be submitted by the Contractor
when indicated or directed for examination or test, and written approval of the
quality of the samples shall be received by the Contractor prior to obtaining
materials from the respective sources of supply. All
50
materials proposed to be used may be inspected at any time during the
progress of their preparation and use. All materials must be approved by the
A/E prior to being incorporated in the work. Representative samples of all
materials requiring laboratory tests shall be taken and such materials shall be
used only after written approval has been received by the A/E, and so long as
the quality of said materials remains equal to the requirements. All tests
required shall be provided for and at the expense of the Contractor.
In cases where the drawings or specifications describe materials, equipment
or devices as those which shall be equal or similar to certain materials,
equipment, tools and machinery designated by trade or manufacturer's name,
they will be required to demonstrate to the satisfaction of the A/E, the
substitutions the Contractor proposes to use are similar or equal to those
designed. The Contractor shall also be responsible for any additional expense
for changes in plans and specifications to accommodate the proposed
substitution. If any monetary saving is provided by the proposed change, it
shall be credited to the Owner. The A/E will be the sole judge as to the
equivalency of the materials, equipment or devices.
• Materials, Services and Facilities
It is understood that except as otherwise specifically stated in the Contract
Documents, the Contractor shall provide and pay for all materials, labor,
tools, equipment, water, light, power, transportation, supervision, temporary
construction of any nature, and all other services and facilities of any nature
whatsoever necessary to execute, complete, and deliver the work within the
specified time.
Materials and equipment shall be so stored as to ensure the preservation of
their quality and fitness for the work. Stored materials and equipment to be
incorporated in the work shall be located so as to facilitate prompt inspection.
Manufactured articles, materials and equipment shall be applied, installed,
connected, erected, used, cleaned and conditioned as directed by the
manufacturer.
Material, supplies and equipment shall be in accordance with samples
submitted by the Contractor and approved by the A/E.
Materials, supplies or equipment to be incorporated into the work shall not
51
be purchased by the Contractor or by any Subcontractor subject to a chattel
mortgage or under a conditional sale contract or other agreement by which an
interest is retained by the seller when a Payment Bond is not required the
contract documents.
• A/E’s Control
The enumeration in the contract documents of particular instances in which the
opinion, judgment or direction of the A/E shall control the work or in which
work shall be performed to the satisfaction or subject to the approval or
inspection of the A/E, shall not imply that only matters similar to those
enumerated shall be so governed and performed under the control of the A/E.
Without exception, all work under the contract documents shall be the direct
control and authority of the A/E.
• Inspection and testing of materials
All materials and equipment used in the construction of the project shall be
subject to adequate inspection and testing in accordance with generally
accepted standards, as required and defined in the contract documents
The Owner shall provide all inspection and testing services not required by
the contract documents.
The Contractor shall provide at the Contractor’s expense the testing and
inspection services required by the contract documents. If the contract
documents, laws, ordinances, rules, regulations or orders of any public
authority having jurisdiction require any work to specifically be inspected,
tested or approved by someone other than the Contractors, the Contractor will
give the A/E timely notice of readiness. The Contractor will then furnish the
A/E the required certificates of inspection, testing approval.
Inspections, tests or approvals by the A/E or others shall not relieve the
Contractor from the obligations to perform the work in accordance with the
requirements of the contract documents.
The A/E and the A/E’s representatives will at all times have access to the
work. In addition, authorized representatives and agents of any participating
Federal or State agency shall be permitted to inspect all work, materials,
payrolls, records or personnel, invoices of materials and other relevant data
and records. The Contractor will provide proper facilities for such access and
observation of the work and also for any inspection or
52
testing thereof.
If any work is covered contrary to the written instruction of the A/E it must,
if requested by the A/E, be uncovered for the A/E’s observation and replaced
at the Contractor’s expense. If the A/E considers it necessary or advisable
that covered work be inspected or tested by others, the Contractor, at the
A/E’s request, will uncover, expose or otherwise make available for
observation, inspection or testing as the A/E may require, that portion of the
work in question, furnishing all necessary labor, materials, tools and
equipment,. If it is found that such work is defective, the Contractor will bear
all the expenses of such uncovering, exposure, observation, inspection and
testing and of satisfactory reconstruction, if, however, such work is not found
defective, the contractor will be allowed an increase in the contract price or
an extension of the contract time, or both, directly attributable to such
uncovering, exposure, observation, inspection, testing and reconstruction and
an appropriate change order shall be issued.
Authorized representatives and agents of the Department of Housing and
Urban Development (HUD) and/or the New Jersey Economic Development
Authority (NJEDA) shall be permitted to inspect all work, materials, payrolls,
records of personnel, invoices of materials, and other relevant data and
records.
• Substitutions
Whenever a material, article, or piece of equipment is identified on the
drawings and specifications by reference to brand name or catalog numbers,
it shall be understood that this is referenced for the purpose of defining the
performance or other salient requirements and that other products of equal
capacitates, quality and function shall be considered. The Contractor may
recommend the substitution of material, article or piece of equipment of equal
substance and function for those referred to in the contract documents by
referenced to brand name or catalog number, if, in the opinion of the A/E,
such material, article or piece of equipment is of equal substance function to
that specified, the A/E may approve its substitution and use by the Contractor.
Any cost differential shall be deductible from the contract price and the
contract documents shall be appropriately modified by change order. The
Contractor warrants that if substitutes are approved, no major changes in the
function or general design of the project will result. Incidental changes or
extra component parts required to accommodate the substitute will be made
by the Contractor without a change in the contract price or contract time.
53
• Patents
The Contractor shall pay all applicable royalties and license fees, and shall
defend all suits or claims for infringement of any patent rights and save the
owner harmless from loss on account thereof, except that the Owner shall be
responsible for any such loss when a particular process, design, or product of
a particular manufacturer or manufacturers is specified, however, if the
Contractor has reason to believe that design, process or product specified is
an infringement of a patent, the Contractor shall be responsible for such loss
unless the Contractor promptly gives such information to the A/E.
• Permits and regulations
Permits and licenses of temporary nature necessary for the prosecution of the
work shall be secured and paid for by the contractors unless otherwise stated
in the supplemental general conditions. Permits, licenses and easements for
permanent structures or permanent changes in existing facilities shall be
secured and paid for by the owner, unless otherwise specified. The Contractor
shall give all notices and comply with all laws, ordinances, rules and
regulations bearing on the conduct of the work as drawn and specified. If the
Contractor observes that the contract documents are at variance therewith,
the Contractor shall promptly notify the A/E in writing, and any necessary
changes shall be adjusted as provided in Section 13 changes in the work.
• Registration of Motor Vehicles
All motor vehicles used in connection with this contract, shall be
appropriately registered in accordance with the laws of the state of their
origin.
•
Lines and Grades
The A/E will stake all lines and grades. The Contractor shall be responsible
for the transferring of the lines and grades to the line of construction. The
Contractor is required to preserve all grades, stakes, control stakes, and bench
marks set by the A/E along the line of work. If destroyed or removed without
authority, these stakes will be reset, if necessary, at the expense of the
Contractor. At least three (3) batterboards with grade lines shall be
maintained at all times during pipe laying, except when necessary or
convenient, the grade line may be maintained parallel with the trench, again
extending at least three (3) grade stakes. The use of laser beams will be
permitted, provided qualified personnel are available to operate same.
54
The Contractor shall furnish to the A/E or inspector, without charge, such
English speaking common laborers as may be necessary for installing grade
stakes, checking house connection locations and markers, and clearing the
line of obstruction.
Any work improperly done without lines or grades shall be removed and
replaced by the Contractor, at his own expense, when so ordered by the A/E.
It shall be the Contractor's responsibility to inform the A/E the times and places
at which he intends to work, in order that the A/E shall have ample
opportunity to supply the necessary grade stakes. Any grade transferred
wrong from the grade stakes, shall be the responsibility of the Contractor.
If the Contractor shall fail to comply with these specifications and the A/E's
instructions regarding infiltration, clean-up, surface restoration, or any other
contractual requirements, the A/E may delay giving lines and/or grades, until
such time as his instructions are complied with. THE CONTRACTOR
SHALL MAKE NO CLAIM FOR DELAY OR LOST PRODUCTION BY
REASON OF THE WITHHOLDING OF GRADE SHEETS.
• Safety Program
Observe all rules and regulations of the Federal, State, and local health
officials, including regulations concerning construction safety and health
standards. At the preconstruction meeting, submit to The Township for
approval a written safety program that meets or exceeds the minimum
requirements of the Contract and applicable State or Federal regulations.
Include at a minimum the following:
Description. Describe in detail how the safety program is implemented and
monitored. Provide guidelines for protecting personnel from hazards
associated with Project operations and activities. Establish the policies and
procedures for safety practices that are necessary for the Work to be in
compliance with the requirements of OSHA and other State and Federal
regulatory agencies with jurisdiction, rules, regulations, standards, or
guidelines in effect at the time the Work is in progress.
Certification, Responsibility, and Identification of Personnel. Identify the
qualified safety professional responsible for developing the safety program
and provide that person's qualifications for developing the safety program
including, but not be limited to, education, training, certifications, and
experience in developing this type of safety program. Provide a certification,
executed by the qualified safety professional that developed
55
the safety program, stating that the safety program complies with the rules,
regulations, standards, and guidelines in effect at the time the Work is in
progress, of OSHA, and other applicable Federal, State, and local regulatory
agencies having jurisdiction.
Identify a safety officer and designate the on-site supervisory-level personnel
responsible for implementing and monitoring the safety program until
Acceptance and having the authority to take prompt corrective measures to
eliminate hazards, including the authority to stop work. Include
documentation of training provided to the on-site supervisory-level
personnel. For work that requires a competent person as defined by OSHA,
ensure that the person is capable of identifying existing and predictable
hazards and has the authority to take prompt corrective measures to eliminate
the hazards, including the authority to stop work. Include documentation of
the qualifications of such competent persons identified, including
certifications received.
Elements of the Program. Include information and procedures for the
following elements:
o Chain of Command. Include the responsibilities of the management,
supervisor, safety officer, and employees.
o Traffic Control Coordinator. Include the name and contact
information.
o Environmental Manager. Include the name and contact information.
o Local Emergency Telephone Numbers. Include police, fire, medical
o Procedures for Handling Emergencies. Provide guidelines for
handling emergencies, including emergency action plans for
accidents involving death or serious injury, property damage, fires,
explosions, and severe weather. Include the emergency contact
information of the Contractor's personnel responsible for handling
emergencies.
o Training Topics. Include regulatory and jobsite toolbox meetings.
Include the documentation from the training and an attendance sheet
for each.
o Contractor's Safety Rules. Include housekeeping procedures and
personal protective equipment requirements.
o Employee Disciplinary Policy. Include the violation forms.
o Safety Checklists. Include project safety-planning, emergency plans
and procedures, documentation, and protective materials and
equipment.
o Forms. Include OSHA 300 Log
o Security Policy Guidelines. Provide a copy for The Township.
56
o Hazard Communication Program. Provide the following:
o The location of and instructions for understanding the MSDS. Ensure
that the location and instruction are available to anyone within the
Project Limits.
o The person responsible for the hazard communication program and
the method of informing personnel of the hazardous communication
program. Include attendance sheets of hazard communication
meetings.
o When performing work that generates airborne crystalline silica,
include A/Eing and work practice controls to limit exposure levels to
at or below the permissible exposure limit according to 29 CFR
1910.1000 Table Z-3. Ensure that the program includes employee
training and respiratory protection measures according to 29 CFR
1910.134 and control of the area when the permissible exposure limit
is exceeded. Provide a trained and competent person, according to 29
CFR 1926.30, within the Project Limits at all times when performing
work that produces airborne crystalline silica.
Additional Requirements. Provide additional procedures for Project specific
topics including:
o Compressed gas cylinders.
o Confined spaces.
o Cranes.
o Electrical.
o Equipment operators.
o Fall protection.
o Hand and power tools.
o Hearing conservation.
o Highway safety.
o Lead.
o Lock out/tag out.
o Materials handling, storage, use, and disposal.
o Night work.
o Personal protective equipment.
o Project entry and exit.
o Respiratory protection.
o Sanitation.
o Signs, signals, and barricades.
o Subcontractors.
o Trenching.
The Contractor is responsible for implementing, monitoring, updating, and
revising the safety program until Acceptance. Submit updates and revisions
57
to the safety program to The Township for approval when new information,
new practices or procedures, or changing site and environmental conditions
necessitate modifications to protect site personnel. Maintain a copy of the
updated safety program, including the appropriate documentation associated
with each element, within the Project Limits so that it is available to workers
and other authorized persons entering the Project Limits. Provide program
updates to City.
The Contractor is responsible for safety in all aspects, and as set forth in the
Insurance and Indemnification Agreement, shall defend and indemnify The
Township for any failure or breach to comply with the rules, regulations,
standards, and guidelines in effect at the time the Work is in progress, of
OSHA, and other applicable Federal, State, and local regulatory agencies
having jurisdiction pertaining to the Contractor's safety program.
• NJ ONE CALL and Notification of Utilities
By presenting a bid, contractor declares that he is aware of and, if required, will
comply with the requirements of the "Underground Facility Protection Act
(Public Law 1994, Chapter 118)" prior to commencing any intended
excavation. The telephone number to call is 1-800-272-1000. The successful
bidder will be required to show compliance with this requirement by
submitting to the appropriate project coordinator the confirmation number
obtained from ONE-CALL before any excavation is undertaken.
The Contractor shall be responsible to notify water, gas, sewerage, electric
and telephone companies, and all other utility companies having facilities
which are subject to interference, seventy-two (72) hours in advance of the
time he proposes to perform work in proximity to their structures or lines in
order that they may take such precautions as they consider necessary to
protect their property.
• Supervision by Contractor
The Contractor will supervise and direct the work. He will be solely
responsible for the means, methods, techniques, sequences and procedures of
construction. The Contractor will employ and maintain on the work a
qualified supervisor or superintendent who shall have been designated in
writing by the Contractor or the Contractor’s representative at the site. The
supervisor shall have full authority to act on behalf of the Contractor and all
communications given to the supervisor shall be a binding as if given to the
Contractor. The supervisor shall be present on the site at all times as
required to perform adequate supervision and
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coordination of the work. Copies of all drawings and of specifications shall
be kept by the Contractor’s Supervisor at the site of the work, ready for use at
any time.
• Changes in work
The Owner may at any time, as need arises, order changes within the scope of
the work without invalidating the agreement. If such changes increase or
decrease the amount due under the contract documents, or in the time required
for performance of the work, an equitable adjustment shall be authorized by
change order. Change order shall be used to adjust quantities of installed units
which are different than those shown in the bid schedule because of final
measurements. Final measurements shall not be considered changes in the
work. Final measurements will determine compensation to the Contractor
based on unit price shown in bid schedule.
The A/E, also, may at any time, by issuing a field order, make changes in the
details of the work. The Contractor shall proceed with the performance of any
changes in the work so ordered by the A/E unless the Contractor believes that
such field order entitles the Contractor to a change in contract price or time
or both, in which event the Contractor shall give the A/E written notice
thereof within seven (7) days after the receipt of the ordered change.
Thereafter the Contractor shall document the basis for the change in contract
price or time within thirty (30) days. The Contractor shall not execute such
changes pending the receipt of an executed change order or further
instruction from the owner.
• Changes in contract price
The contract price may be changed only by a change order. The value of any
work covered by a change order or any claim for increase or decrease in the
contract price shall be determined by one or more of the following methods
in the order of precedence listed below and in accord with
N.J.A.C 5:34-1 et. Seq.,
• Material Change to Contract Work
If the contractor believes that a change directive by the contracting unit
results in a material change to the contract work, the contractor shall so notify
the contracting unit in writing. The contractor shall continue to perform all
work on the project that is not the subject of the notice.
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Upon receipt of the contractor’s change in character notice in accordance
the contracting unit shall promptly evaluate the contractor’s notice and
promptly advise the contractor of its determination on how to proceed in
writing.
If the contracting unit determines that a change to the contractor’s work
caused or directed by the contracting unit materially changes the character of
any aspect of the contract work, the contracting unit shall make a fair and
equitable upward adjustment to the contract price and contract completion
date.
The basis for any such price adjustment shall be the difference between the cost
of performance of the work as planned at the time of contracting and the actual
cost of such work as a result of its change in character, or as otherwise
mutually agreed upon by the contractor and the contracting unit prior to the
contractor performing the subject work.
If the contracting unit determines that the contractor is not entitled to
additional compensation or time, the contractor shall continue the
performance of all contract work and shall be entitled to pursue a claim
against the contracting unit for additional compensation or time attributable
to the alleged material change.
As used in this subsection, “material change” means a character change
which increases or decreases the contractor’s cost of performing the work,
increases or decreases the amount of time by which the contractor completes
the work in relation to the contractually required completion date, or both.
A contract subject to this section shall include the following change in
quantity provisions:
(1) The contracting unit may increase or decrease the quantity of work to
be performed
by the contractor.
(2) (a) If the quantity of a pay item is cumulatively increased or decreased by
20 percent or less from the bid proposal quantity, the quantity change shall
be considered a minor change in quantity.
(b) If the quantity of a pay item is increased or decreased by more than 20
percent from the bid proposal quantity, the quantity change shall be
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considered a major change in quantity.
(3) For any minor change in quantity, the contracting unit shall make
payment for the quantity of the pay item performed at the bid price for the pay
item.
(4) (a) For a major increase in quantity, the contracting unit or contractor may
request to renegotiate the price for the quantity in excess of 120 percent of
the bid proposal quantity. If a mutual agreement cannot be reached on a
negotiated price for a major quantity increase, the contracting unit shall pay
the actual costs plus an additional 10 percent for overhead and an additional
10 percent for profit, unless otherwise specified in the original bid
(b) For a major decrease in quantity, the contracting unit or contractor may
request to renegotiate the price for the quantity of work performed. If a
mutual agreement cannot be reached on a negotiated price for a major
quantity decrease, the contracting unit shall pay the actual costs plus an
additional 10 percent for overhead and an additional 10 percent for profit,
unless otherwise specified in the original bid; provided, however, that the
contracting unit shall not make a payment in an amount that exceeds 80
percent of the value of the bid price multiplied by the bid proposal quantity.
(5) As used in this subsection, the term “bid proposal quantity” means the
quantity indicated in the bid proposal less the quantities designated in the
project plans as “if and where directed.”
• If this bid is in excess of $5,000,000.00 or funded in part or whole by
federal funding the provisions of N.J.S.A.40A:11-16.6 “Value
Engineering” shall apply.
• Correction of work
The Contractor shall promptly remove from the premises all work rejected
by the A/E for failure to comply with the contract documents, whether
incorporated in the construction or not, and the Contractor shall promptly
replace and execute the work in accordance with the contract documents and
without expense to the owner and shall bear the expense of making good all
work of other Contractors destroyed or damaged by such removal or
replacement.
All removal and replacement work shall be done at the Contractor’s
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expense. If the Contractor does not take action to remove such rejected work
within ten (10) days after receipt of written notice, the Owner may remove
such work and store the materials at the expense of the Contractor.
Before final payment is made, any work or material condemned by the A/E, or
any appropriate governmental funding agency, as failing to conform to the
contract, shall be removed or rebuilt in accordance with the drawings and
specifications at the Contractor's expense.
• Architects/ A/Es authority
The A/E shall act as the Owner’s representative during the construction
period, shall decide questions which may arise as the quality and
acceptability of materials furnished and work performed, and shall interpret
the intent of the contract documents in a fair and unbiased manner. The A/E
will make visits to the site and determine if the work is proceeding in
accordance with the contract documents.
The Contractor will be held strictly to the intent of the contract documents in
regard to the quality of materials, workmanship, and execution of the work.
Inspections may be at the factory or fabrication plant of the source of the
material supply.
The A/E will not be responsible for the construction means, controls,
techniques, sequences, procedures or construction safety.
The A/E shall promptly make decisions relative to interpretation of the
contract documents.
• Completion of Work
If the Contractor shall be delayed in the completion of his work by reason of
unforeseeable causes beyond his control and without his fault or negligence,
including, but not restricted to acts of God, or of the public enemy, acts of
neglect of the Owner, acts of neglect of any other contractor, fires, floods,
epidemics, quarantine restrictions, strikes, riots, civil commotion, or freight
embargoes, the specified time for the completion of work shall be extended
by such time as shall be fixed by the Owner. No such extension of time shall
be deemed a waiver by the Owner of his right to terminate the contract for
abandonment or delay by the Contractor, as provided in the contract, nor shall
such extension be deemed to relieve the Contractor from full responsibility
for performance of his obligations hereunder. Any request for an extension
shall be in writing and shall be
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directed to the Owner with a copy to the A/E.
• Release of Liens
Neither the final payment, nor any part of the retained percentage, shall
become due until the Contractor shall deliver to the Owner a complete release
of all liens arising out of his work, or in lieu thereof, receipts in full, and an
affidavit showing that so far as he has knowledge or information, the releases
and receipts include all labor and materials for which a lien could be filed; if
any subcontractor refuses to furnish a release or receipt in full, the Contractor
may furnish a bond, satisfactory to the Owner, to indemnify him against any
lien. If any lien remains unsatisfied after all payments are made, the
Contractor shall refund to the Owner all monies that the latter may be
compelled to pay in discharging such a lien, including all costs and
reasonable attorney's fees.
• Working Hours and Holidays
Work under the contract, other than maintenance work, shall not be
prosecuted on Saturdays, Sundays, or on New Jersey State holidays, except in
the time of emergency, and then only under written permit from the A/E, who
shall be the judge as to the exigency of the situation. The normal work day
shall consist of eight (8) hours, beginning at 8:00 a.m. and ending at 4:30
p.m. If the Contractor wishes to prosecute any portion of the work between
the hours of 4:30 p.m. and 8:00 a.m., he shall first obtain permission from the
A/E, notifying him each time in advance, giving him ample time in which to
procure an A/E or inspector for the work. The Contractor will be responsible
for paying all costs of the inspection services when work is carried out on
Saturdays, Sundays, legal holidays, and overtime periods. Payment will be
made to the Owner at the prevailing rate for said service.
IF CONDITIONS WARRANT, THE A/E RESERVES THE RIGHT TO
LIMIT WORKING HOURS OR LOCATION OF WORK WITHOUT ANY
ADDITIONAL CHARGES TO THE OWNER.
• Final Examination and Acceptance
The A/E will be prepared to make a final inspection within five (5) work days
after written notification by the Contractor that the work is completed, and
final inspection is requested. Defective work, or work not conforming to the
specifications, is to be repaired or replaced to the satisfaction of the A/E. If
the work is found to meet all requirements of the contract, a written
recommendation of acceptance will be sent to the Owner.
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• Date of Acceptance
The date of acceptance shall be the date of the Owner's Final Estimate or
other suitable form provided by the A/E, indicating that the work has been
completed by the Contractor, approved by the A/E, and accepted by the
Owner.
• Maintenance After Completion
The Contractor shall guarantee all labor and materials for a period of one
(1) years from the date of the Final Estimate (regardless of the date of
possession or use by the Owner of the whole project or any part thereof), and
he shall make all needed repairs on the work during the one (1) year guarantee
period. The Contractor agrees that, during the one (1) year guarantee period,
the Owner may, out of the monies payable to him under this agreement,
necessary repairs at once after due notice from the A/E, expend the same, of
so much thereof as may be required, to make the needed repairs; provided,
however, that in the case of emergency where, in the opinion of the A/E, the
Owner may make repairs without previous notice, and at the expense of the
Contractor. The Contractor shall, at all times within said one (1) year period,
keep the surface of the ground disturbed during construction, in the position
and condition required by the specifications, and refill any settlement or
erosion in the backfilling, paving, or any surface graded by him, due to any
cause whatsoever, when so directed by the A/E; should he fail to do so, the
Owner may have said work done in the manner as described above.
• Use of Facilities Prior to Completion of Contact
The Owner reserves the right to take possession of or use any completed or
partially completed portion of the work. Such possession shall not release
the Contractor of his guarantees or constitute acceptance of improper or
defective materials or workmanship, nor shall it act as beginning of the
maintenance period.
• Location and Protection of Existing Structures and Utilities
The drawings show certain information which has been obtained by the
Owner regarding various pipelines and other structures which are believed to
exist at the location of the project, both below and at the surface of the ground.
THE OWNER DOES NOT GUARANTY THE ACCURACY OR
COMPLETENESS OF THE INFORMATION GIVEN ON THE
DRAWINGS WITH REGARD TO EXISTING STRUCTURES AND
PIPELINES, AND THE CONTRACTOR WILL NOT BE ENTITLED TO
ANY EXTRA COMPENSATION ON ACCOUNT OF
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INACCURACY OR INCOMPLETENESS OF SUCH INFORMATION;
SAID STRUCTURES AND PIPELINES BEING SHOWN ONLY FOR THE
CONVENIENCE OF THE CONTRACTOR WHO MUST VERIFY THE
INFORMATION TO HIS OWN
SATISFACTION. The giving of this information upon the plans will not
relieve the Contractor of his obligations to support and protect all pipelines
and other structures which may be encountered during the construction of the
work and to make good all damages done to such pipelines and structures as
provided in these specifications.
• Preservation and Restoration of Property, Trees and Monuments
The Contractor shall be responsible for the preservation of all public and
private property, trees and structures along and adjacent to the work and shall
use every precaution necessary to prevent damage or injury thereto. He shall
use suitable precautions to prevent damage to tracks or piles, conduits or
other underground structures, utilities, etc., and he shall protect carefully from
disturbance or damage all land monuments and property marks. The
Contractor shall not willfully or maliciously injure or destroy trees or shrubs,
and he shall not remove or cut them without proper authority.
The Contractor shall do all work and pay all costs of protecting, supporting,
maintaining, repairing if damaged, relocating and restoring all surface,
subsurface or overhead structures and all other property, including pipes,
conduits, ducts, tubes, chambers and appurtenances, public or private, in the
vicinity of the work, except as otherwise specified.
In the event any private property corners are encountered which must of
necessity be disturbed or removed in order to permit construction operations,
or if any private survey points are destroyed or removed through carelessness
or negligence or to expedite the Contractor's operations, they shall be
replaced by a licensed surveyor at the Contractor's cost and expense.
• Protection of Material and Work
The Contractor shall at all times take necessary steps to protect and preserve
all materials, supplies, equipment and all work which has been performed.
Should work be suspended temporarily, because of inclement weather or
other causes, the Contractor shall take all steps necessary to protect materials,
supplies, equipment and work performed against damages or injury. Any
damaged materials, supplies, equipment or work performed shall be removed
and replaced at the expense of the Contractor.
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• Storage, Delivery and Handling of all Materials
All arrangements for delivery and handling of materials and equipment
throughout the prosecution of the work shall be the Contractor's
responsibility. Materials shall be stored so as to insure the preservation of
their quality and fitness for the work. When considered necessary, they shall
be placed under cover when directed. Such cover, including storage sheds
and offices, etc., shall be erected by the Contractor with the approval of the
A/E, and shall be built with labor and materials supplied by the Contractor
without expense to the Owner. Such temporary buildings shall remain the
property of the Contractor and shall be removed by him at his expense upon
completion of the work. Stored materials shall be located so as to facilitate
prompt inspection. Lawns, grass plots, or other private or public property
shall not be used for storage purposes without written permission of the
Owner or lessee of such property.
Established roadways may be used by the Contractor with the approval of the
A/E; or construction and use of temporary access roadways may be
authorized by the A/E. All Federal, State, County or Local laws or
regulations, and any recommendations of the manufacturer pertaining to the
loading capacity of vehicles, shall be observed when transporting materials
in the prosecution of the work. The Contractor shall, at times, protect against
damage to roadways, curbing and sidewalks when, in the prosecution of the
work, crossings are necessitated. Any damage to such roadways, sidewalks
and curbing shall be repaired by, or at the expense of the Contractor.
The materials used in construction shall be so disposed as not to endanger the
work so that full access may at all times be had to partly complete work and
structures, and they shall be so distributed as to cause no injury to those having
access to the work or any of the units. Materials, tools and machinery shall
not be piled or placed against trees and structures. All fire hydrants must at
all times be kept free and unobstructed and water and gas shut-off boxes,
underground power and telephone line manholes must be kept uncovered by
stored materials.
• Damage to Work, Public or Private Property
The Contractor shall be responsible for all work until completion and final
acceptance thereof. No payments will be allowed for damage to the
Contractor's materials or equipment. Except as herein provided, damage to
all work, utilities, materials, equipment and other properties, etc., shall be
repaired to the satisfaction of the A/E at the Contractor's expense. The
Contractor shall, at his own expense, restore to a condition similar to the
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condition that existed prior to the damage, any direct or indirect damage to
public or private property caused by the work or in consequence of an act or
omission on the part of the Contractor, his employees, agents, or
subcontractors. Should any property require repair or replacement or
rebuilding by the Owner as a result of damage due to fault or neglect of the
Contractor, the cost thereof will be deducted from any money due or to
become due to the Contractor under this contract; or the Owner may deduct
from any money due to the Contractor under this contract; or the Owner may
deduct from any money due the Contractor a sum sufficient to reimburse the
Owner of the property so damaged. A COLOR VIDEO TAPE OR SUITABLE
OTHER RECORDING OF THE ENTIRE PROJECT, INCLUDING ALL
EASEMENTS, WETLANDS AND STREAM CROSSING AREAS AND
ANY OTHER AREAS OF CONCERN NOTED BY THE A/E SHALL BE
FURNISHED TO THE OWNER 10 WORKING DAYS PRIOR TO THE
START OF CONSTRUCTION.
• Public Protection and Convenience, Rights-Of-Way
The Contractor shall at all times conduct the work in such a manner as to
insure the least obstruction to traffic. The convenience of the general public
and the residents along and adjacent to the work shall be provided for in an
adequate manner, satisfactory to the A/E. Materials stored upon highways
shall be placed so as to cause as little obstruction to the traveling public as is
considered necessary. If materials cause safety hazards, they shall be
relocated at the Contractor's expense. Footways and portions of highways
adjoining the work under construction shall not be obstructed more than is
absolutely necessary. When the work passes in front of business
establishments, in the sidewalk area, a boardwalk, the width of the trench and
five feet (5') in length, shall be laid over the trench to facilitate entrance. The
A/E may direct that a bridge be built over the open trench during construction
to any or all the business establishments. All gutter and storm sewer inlets
shall be kept unobstructed at all times. Where the work is to be constructed
in or upon rights-of-way, such rights-of-way will be secured by the Owner
without cost to the Contractor. Access roads to the obtained rights-of-way
will be the responsibility of the Contractor. All expenses, including the right
of access and restoration of such access roads, shall be the Contractor's. The
Contractor shall not enter upon or occupy with men, tools or materials, any
private land outside of the limits of the rights-of-way furnished without the
written consent of the owner of such property, a copy of which must be sent
to the A/E.
• Maintenance and Protection of Traffic
The Contractor will proceed with the work in such a manner as to maintain
traffic wherever possible. Emergency equipment must be able to pass and
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service all areas at all times. Fire hydrants on or adjacent to the work shall
be kept accessible to fire apparatus and no material or obstruction shall be
placed within ten feet (10') of any such hydrant.
The Contractor shall erect and maintain barricades, danger signals, and
warning signs at working sites, closed roads, intersections and other places of
danger to traffic or to completed work. The Contractor shall provide
sufficient watchmen and directors of traffic and shall take all necessary
precautions for the proper protection of the work and the safety of the public.
The Contractor shall erect direction or detour signs as directed by the A/E.
The cost of protection of traffic as above described, shall be included in the
price bid for the various items scheduled in the proposal.
• Utilities Furnished by the Contractor
Electricity
It shall be the Contractor's responsibility to furnish at his own expense, all
electric current required to complete the work. All arrangements with local
utilities for power supply shall be made by the Contractor. If in any case
electricity is made available by the Owner, the Contractor shall have installed
a meter to determine the amount of current used by him and such electricity
shall be paid for by the Contractor. At the completion of the project, it shall
be removed in a neat, workmanlike manner.
Water
It is the Contractor's responsibility to provide and maintain at his own
expense, an adequate supply of water of suitable quality and quantity for his
use for construction and domestic consumption. He shall install and maintain
at his expense, any necessary water supply connection and piping, but only
at those locations and in such manner as may be authorized by the A/E. At
no time shall the contactor’s personnel access a private property to obtain
water without express permission from the property owner. The use of public
hydrants shall be approved by the local water purveyor having authority.
Sanitary Provisions
The Contractor shall provide and maintain neat and sanitary accommodations
for his employees which shall comply with the regulations of the New Jersey
State Department of Health and any other state or local bodies having
jurisdiction. The cost of such accommodations shall be the Contractor's.
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• Field Office
Not applicable to this project.
• Intoxicating Beverages
The Contractor shall not sell, nor permit, nor suffer the introduction or use of
intoxicating beverages upon or about the work embraced in this contract. If
any of the Contractor's employees are using or have in their possession
intoxicating beverages, the Owner may order all work to be stopped until
such items are removed from the work site.
• School Zones
The Contractor shall not sell, nor permit, nor suffer the introduction or use of
tobacco products upon or about the work embraced in this contract when such
work is located in lawful school zone. If any of the Contractor's employees
are using or have in their possession tobacco products, the Owner may order
all work to be stopped until such items are removed from the school zone.
• Use and Storage of Explosives
The Contractor shall use explosives only when authorized by the A/E. Such
explosives shall be stored, handled, and used as prescribed by the Federal,
State and/or Local authorities having jurisdiction over such storage and use.
The Contractor shall comply with all special rules and regulations that may
be in effect at the time the work is actually done.
The Contractor will be held responsible for all claims for damage caused by
blasting. He shall cover all shots in tunnel and open-cut excavations and shall
take extra precautions when required. He shall blast with such number, length,
placement and direction of holes with such loading of the holes with explosives
of such power as will not make the excavation unduly large or irregular or
unduly disturb the ground and make it unstable or shatter the rock upon or
against which masonry is built, or injure masonry already built for existing
structures at the site or in the vicinity thereof. If blasting with any amount of
explosives is liable to injure any road, roadway, spillway, masonry, or
existing structures, the Contractor shall excavate by barring, wedging, or
other approved methods, without the use of explosives.
• Cleaning Up
The Contractor shall at all times prevent the accumulation of waste
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material or rubbish in the construction area or storage areas. Waste material
and rubbish shall be cleared away and removed from the premises or
deposited at such places as the A/E designates. No stock piling of excavated
material on, about, or near the construction area will be allowed, unless it is
to be disposed of within forty-eight (48) hours.
Before the contract will be considered complete, the Contractor shall
thoroughly clean the construction site and remove all rubbish, debris, unused
and surplus material due to or connected with the construction and must leave
the premises in a condition satisfactory to the A/E. All crosswalks and
sidewalks must be cleared off and the alignment shall be trued up, if the same
have been disturbed during construction; streets, curbs, fences, and other
property disturbed or damaged, must be restored to their former condition and
the final payment will be withheld until such work is completed and
satisfactory to the A/E and the Owner.
• Employment of Sufficient Labor and Equipment
If, in the opinion of the A/E, the Contractor is not employing sufficient labor
or equipment to complete this contract within the time specified, the A/E
may, after giving written notice, require the Contractor to employ such
additional labor and equipment as may be necessary to enable said work to
progress properly. Any refusal to increase labor forces or equipment to
sufficient levels will be considered a breach of the contract, and the
Contractor shall be precluded from making any claim for delay or lost
production by reason of his failure to have sufficient labor, materials or
equipment on the project.
• Payments
Payments will be made in the following ways, as work progresses on the
contract:
Lump sum items or lump sum contracts: The Contractor shall submit
to the A/E for approval, prior to the start of work under the contract, a
schedule showing a breakdown of the labor, materials and
equipment, and other costs used in the preparation of the bid. The
breakdown shall be in sufficient detail to indicate separate figures
for all items making up the lump sum price. This schedule shall be
used in computing an estimate issued monthly, and as a basis for
negotiations concerning any credits or extra work which may arise
during the execution of the project.
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The A/E, in consultation with the Contractor, will, within the first ten
(10) days of each month, estimate the amount of work completed and
materials and equipment built into the project during the previous
calendar month. The time for submittance of the monthly estimate
may vary according to the meeting date of the Owner. The
quantities, as determined, will be used as the basis for a monthly
estimate whenever the value of said monthly work exceeds One
Thousand Dollars ($1,000.00). Materials that are stockpiled will be
paid for, if approved by the A/E. The monthly estimate will be
presented to the Owner by the A/E and shall indicate the value of
work completed and materials and equipment built into the work, in
accordance with the contract. If the contract amount exceeds One
Hundred Thousand Dollars ($100,000.00), the Owner will retain two
percent (2%) of the amount due on each monthly estimate in
accordance with the State of New Jersey requirements.
Payment of any monthly estimate shall not constitute acceptance of
the work covered by the estimate.
The monthly estimate submitted by the A/E will be approximate,
and no claim shall be made by the Contractor for additional
payment, based on any error in any monthly estimate.
PAYMENTS MAY BE WITHHELD IF, IN THE OPINION OF
THE A/E, OR OWNER, THE WORK IS NOT PROCEEDING IN
ACCORDANCE WITH THE PLANS AND SPECIFICATIONS.
Upon completion of the project in accordance with the contract and
acceptance thereof by the A/E and Owner and as soon as possible
thereafter, the A/E will prepare a final estimate which will indicate
the value of the work completed and materials and equipment
furnished, and the exact amount of the compensation to which the
Contractor is entitled under the terms of the contract.
The final estimate will be submitted to the Owner and a copy
furnished to the Contractor. Upon approval of the Final Estimate by
the Owner, and as soon as possible, the Owner will pay the
Contractor an amount equal to ninety percent (90%) of the total
compensation to which the Contractor is entitled for the
performance of the contract, less the amount of all previous
payments. The balance of ten percent (10%) will be retained for one
(1) years from the date of the Contractor's Acceptance of the Final
Estimate or other suitable form provided by the A/E, as a
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guarantee against defect of materials, equipment, workmanship or
other performance. The Contractor will have the option of either
obtaining a maintenance bond covering the value of ten percent
(10%) of the contract for one (1) years or letting ten percent (10%)
of the contract remain in the Owner's possession.
The Contractor will be required to produce receipted paid bills for
materials entering into construction, or for materials delivered, or
waivers of lien by material suppliers before payment for such
estimates will be made. In lieu of receipted bills or waivers of lien,
the Contractor may submit an affidavit in a form acceptable to the
Owner.
The Contractor shall be conclusively deemed to have accepted the
Final Estimate as a correct statement of the total liability of the
Owner and of the compensation paid and to be paid to the Contractor
by the Owner, unless within seven (7) days after delivery of his copy
of the Final Estimate to him, the Contractor shall return such copy
to the Owner, together with a statement of his objections to such
Estimate, and of any claim for damages or compensation in excess
of the amount shown on the Estimate. The acceptance by the
Contractor of the Final Estimate or other suitable form provided for
by the A/E, approved by the Owner, shall constitute a release and
shall discharge the Owner from any further claims by the Contractor
arising out of or relating to the contract, except the Contractor's claim
for the balance, if there be any, of the amount retained as herein
provided.
At the time that the Contractor receives the payment for his monthly
estimate, he shall sign the following statement which shall be a part
of the monthly estimate:
"The Contractor has reviewed the estimate of the work
completed, covered by this estimate, and agrees with
the quantities shown, and the amount of work
completed within the time period covered by said
estimate. The Contractor certifies by signing this
estimate, that he has no claims against the Owner for
the period covered by this estimate, which have not
been duly submitted in accordance with the contract
documents."
• Procedure of Work
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In the progress of the work, the Contractor shall comply with the various
orders, directives and requirements of the A/E, and shall perform all work in
such manner and order as the A/E may require. He shall complete the various
parts of the work in accordance with the schedule approved by the A/E. If
any orders, directives or requirements of the A/E are not carried out
immediately, the A/E may order the Contractor to suspend all or any part of
the work until such previously issued orders, directives or requirements have
been carried out. The time for completion of the contract will not be extended
due to any such suspension. If any such order, directive or requirement is not
carried out within a period of seventy- two (72) hours, the Contractor shall be
deemed to have breached the contract.
For the convenience of the Owner, the A/E may order the Contractor to
suspend all or any part of the work for such period of time as may be
determined by the A/E to be necessary or desirable. IT IS SPECIFICALLY
UNDERSTOOD THAT THERE SHALL BE NO CLAIMS PERMITTED
FOR
CONTRACT
DELAY
DAMAGES
FOR
ANY
REASON
WHATSOEVER. IN THE EVENT OF A DELAY OR SUSPENSION
WHICH WAS NOT CAUSED BY FAULT OR NEGLIGENCE OF THE
CONTRACTOR, AS DETERMINED BY THE A/E, AN EQUITABLE
EXTENSION OF THE CONTRACT COMPLETION TIME WILL BE
GRANTED BY THE OWNER.
The Contractor shall not employ any equipment, plant, materials or methods
to which the A/E objects, and shall not remove any plants, materials,
equipment or other facilities from the site of the work without the A/E's
consent.
IF ANY PERSON EMPLOYED ON THE WORK BY THE CONTRACTOR,
INCLUDING HIS SUPERINTENDENT, SHALL APPEAR TO THE A/E
TO BE INCOMPETENT, DISORDERLY, OR IMPROPER, SUCH
PERSON SHALL BE IMMEDIATELY DISMISSED FROM THE JOB
AND SHALL NOT BE GIVEN EMPLOYMENT ON ANY
WORK CONNECTED WITH THE CONTRACT. The Contractor shall
comply with all Federal labor laws as well as those of the State of New Jersey
and the county and municipality in which the project is located.
• Extension of Time Due to Extra Work
When extra work is ordered near the completion of the contract, or when
extra work is ordered at any time during the progress of the work which
requires, in the opinion of the A/E, an increase of time for the completion of
the contract, an extension of time for the completion of the contract shall be
made. The length of the extension will be as determined by the A/E and agreed
to, in writing, by the Contractor.
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SECTION XVII FEDERAL REQUIREMENTS IF FUNDED WITH FEDERAL MONIES
ARTICLE 19 – FEDERAL REQUIREMENTS
19.01 Agency Not a Party
A. This Contract is expected to be funded in part with funds provided by
Agency. Neither Agency, nor any of its departments, entities, or employees is
a party to this Contract.
19.02 Contract Approval
A. Owner and Contractor will furnish Owner's attorney such evidence as
required so that Owner's attorney can complete and execute the following
"Certificate of Owner's Attorney"to Agency for approval.
B. Concurrence by Agency in the award of the Contract is required before the
Contract is effective.
19.03 Conflict of Interest
A. Contractor may not knowingly contract with a supplier or manufacturer if
the individual or entity who prepared the plans and specifications has a
corporate or financial affiliation with the supplier or manufacturer. Owner's
officers, employees, or agents shall not engage in the award or administration
of this Contract if a conflict of interest, real or apparent, would be involved.
Such a conflict would arise when:
(i)
the employee, officer or agent;
(ii)
any member of their immediate family;
(iii)
their partner or (iv) an organization that employs, or
is about to employ, any of the above, has a financial interest or other interest
in or a tangible personal benefit from the Contractor. Owner's officers,
employees, or agents shall neither solicit nor accept gratuities, favors or
anything of monetary value from Contractor or subcontractors.
19.04 Gratuities
A. If Owner finds after a notice and hearing that Contractor, or any of
Contractor's agents or representatives, offered or gave gratuities (in the form
of entertainment, gifts, or otherwise) to any official, employee, or agent of
Owner or Agency in an attempt to secure this Contract or favorable treatment
in awarding, amending, or making any determinations related to the
performance of this Contract, Owner may, by written notice
74
to Contractor, terminate this Contract. Owner may also pursue other rights
and remedies that the law or this Contract provides. However, the
existence of the facts on which Owner bases such findings shall be an issue
and may be reviewed in proceedings under the dispute resolution provisions
of this Contract.
B. In the event this Contract is terminated as provided in paragraph 19.04.A,
Owner may pursue the same remedies against Contractor as it could pursue
in the event of a breach of this Contract by Contractor. As a penalty, in
addition to any other damages to which it may
be entitled by law, Owner may pursue exemplary damages in an amount (as
determined by Owner) which shall not be less than three nor more than ten
times the costs Contractor incurs in providing any such gratuities to any such
officer or employee.
19.05 Small, Minority and Women's Businesses
A. Contracting with small and minority businesses, women's business
enterprises, and labor surplus area firms. If Contractor intends to let any
subcontracts for a portion of the work, Contractor must take all necessary
affirmative steps to assure that minority businesses, women's business
enterprises, and labor surplus area firms are used when possible.
Affirmative steps must include:
1. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
2. Assuring that small and minority businesses, and women's
business enterprises are solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller
tasks or quantities to permit maximum participation by small and minority
businesses, and women's business enterprises;
4. Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's
business enterprises;
5. Using the services and assistance, as appropriate, of such organizations as
the Small Business Administration and the Minority Business Development
Agency of the Department of Commerce.
19.06 Anti-Kickback
75
A. Contractor shall comply with the Copeland Anti-Kickback Act (40
U.S.C 3145) as supplemented by Department of Labor regulations (29 CFR
Part 3, "Contractors and Subcontractors on Public Buildings or Public
Work Financed in Whole or in Part by Loans or Grants from the United
States"). The Act provides that Contractor or subcontractor must be
prohibited from inducing, by any means, any person employed in the
construction, completion, or repair of public work, to give up any
part of the compensation to which he or she is otherwise entitled. Owner
shall report all suspected or reported violations to Agency.
19.07 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water
Pollution Control Act (33 U.S.C. 1251-1387), as amended:
A. Contractor to agree to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and
the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).
Violations must be reported to the Federal awarding agency and the Regional
Office of the Environmental Protection Agency (EPA).
19.08 Equal Employment Opportunity:
A. The Contract is considered a federally assisted construction contract.
Except as otherwise provided under 41 CFR Part 60, all contracts that meet
the definition of "federally assisted construction contract" in 41 CFR Part 60-
1.3 must include the equal opportunity clause provided under 41 CFR 60-
l.4(b), in accordance with Executive Order 11246, "Equal Employment
Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p.
339), as amended by Executive Order 11375,"Amending Executive
Order 11246 Relating to Equal Employment Opportunity," and
implementing regulations at 41 CFR part 60, "Office of Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of
Labor.
19.09 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352):
A. Contractors that apply or bid for an award exceeding $100,000 must file
the required certification (RD Instruction 1940-Q, Exhibit A-1). The
Contractor certifies to the Owner and every subcontractor certifies to the
Contractor that it will not and has not used Federal appropriated funds to pay
any person or organization for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in
connection with obtaining the Contract if it is covered by 31 U.S.C. 1352.
76
The Contractor and every subcontractor must also disclose any lobbying
with non-Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures are forwarded from tier to tier up to the
Owner. Necessary certification and disclosure forms shall be provided by
Owner.
19.10 Environmental Requirements:
When constructing a Project involving trenching and/or other related earth
excavations, Contractor shall comply with the following environmental
conditions:
A. Wetlands - When disposing of excess, spoil, or other construction
materials on public or private property, Contractor shall not fill in or
otherwise convert wetlands.
B. Floodplains - When disposing of excess, spoil, or other construction
materials on public or private property, Contractor shall not fill in or
otherwise convert 100-year floodplain areas
(Standard Flood Hazard Area) delineated on the latest Federal Emergency
Management Agency Floodplain Maps, or other appropriate maps, e.g.,
alluvial soils on NRCS Soil Survey Maps.
C. Historic Preservation - Any excavation by Contractor that uncovers an
historical or archaeological artifact or human remains shall be immediately
reported to Owner and a representative of Agency. Construction shall be
temporarily halted pending the notification process and further directions
issued by Agency after consultation with the State Historic
Preservation Officer (SHPO).
D. Endangered Species - Contractor shall comply with the Endangered
Species Act, which provides for the protection of endangered and/or
threatened species and critical habitat. Should any evidence of the presence
of endangered and/or threatened species or their
critical habitat be brought to the attention of Contractor, Contractor will
immediately report this evidence to Owner and a representative of Agency.
Construction shall be temporarily halted pending the notification process and
further directions issued by Agency
after consultation with the U.S. Fish and Wildlife Service.
E. Mitigation Measures - The following environmental mitigation measures
are required on this Project:
1
19.11 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708):
A. Where applicable, for contracts awarded by the Owner in excess of
$100,000 that involve the employment of mechanics or laborers, the
Contractor must comply with 40 U.S.C. 3702 and 3704, as supplemented by
Department of Labor regulations (29 CFR Part 5). Under 40
U.S.C. 3702 of the Act, the Contractor must compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work
in excess of the standard work week is permissible provided that the worker
is compensated at a rate of not less than one and a half times the basic rate of
pay for all hours worked in excess of 40 hours in
the work week. The requirements of 40 U.S.C. 3704 are applicable to
construction work and provide that no laborer or mechanic must be required
to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous. These requirements do
not apply to the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or transmission
of intelligence.
19.12 Debarment and Suspension(Executive Orders 12549 and 12689):
A. A contract award (see 2 CFR 180.220) must not be made to parties listed
on the governmentwide exclusions in the System for Award Management
(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR
part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions
contains the names of parties debarred, suspended, or
otherwise excluded by agencies, as well as parties declared ineligible under
statutory or regulatory authority other than Executive Order 12549.
19.13 Procurement of recovered materials:
A. The Contractor must comply with 2 CFR Part 200.322, "Procurement of
recovered materials.
2
CONTRACT FOR
Bid #26-XX Municipal Building Entrance Ramp & Stairs Repairs
THIS CONTRACT made the ____ day of ________2026
BETWEEN
TOWNSHIP of East Amwell, a municipal corporation of the State of New Jersey, whose address 1070 US-202
S, Ringoes, NJ 08551., hereinafter called the OWNER:
AND
hereinafter called the CONTRACTOR;
WHEREAS, the OWNER requires the project known as Bid #26-XX – Municipal Building Entrance
Ramp & Stairs Repairs as per specifications and drawings contained within bid packet, and hereinafter called the
“Project'', in accordance with all applicable federal, state, and local laws and regulations, and the Contract
Documents.
NOW, THEREFORE, the OWNER and the CONTRACTOR, in exchange for the mutual consideration
set forth herein, agree as follows:
ARTICLE I: CONTRACT DOCUMENTS
The Contract Documents shall consist of the following component parts:
a.
The Proposal Form and documents submitted therewith by the CONTRACTOR to the OWNER in
response to OWNER’s request for bids;
b.
Project Manual for this Bid, drawings, specifications and documents referred to therein;
c.
Bonds as required by bid instructions;
d.
This Contract.
ARTICLE II: SCOPE OF WORK
The CONTRACTOR shall furnish all labor, materials, equipment, tools and services necessary to perform and
complete the Project in strict compliance with the Contract Documents and to meet the legal and technical
requirements of the Project. The CONTRACTOR's services shall hereafter be referred to as the "Work".
ARTICLE III: THE CONTRACT SUM
The OWNER shall pay the CONTRACTOR for the performance of the Work based on the Bid prices, in
accordance with and subject to additions and deductions provided by the Contract Documents, the total sum of:
3
The Contractor shall be paid the prices stipulated in the Bid as full compensation for everything furnished and
performed by the CONTRACTOR under this Contract, including all Work required, but not specifically
mentioned, and all loss or damage arising out of the nature of the aforesaid Work, the action of the elements, any
unforeseen obstruction or difficulty encountered in the prosecution of the Work, all risks of every description
connected with the Work, all expenses incurred by or in consequence of the suspension or discontinuance of the
Work as herein specified, and for well and faithfully completing the Work and the whole thereof, as herein
provided.
ARTICLE IV: TIME OF COMPLETION
The CONTRACTOR shall start work on the Project as per days indicated in GENERAL CONDITIONS of bid,
after receiving notice to proceed from the OWNER. The CONTRACTOR shall complete all work as per days
indicated in GENERAL CONDITIONS of bid.
The CONTRACTOR shall pay monetary liquidated damages to the OWNER for each and every working day that
the CONTRACTOR shall be in default in completing the Work within the time stipulated in the Contract
Documents. (Working days excludes Saturdays, Sundays and Designated TOWNSHIP Holidays.)
See also the terms set forth in General Conditions of the Project Manual for the Project, which are incorporated
herein by reference.
ARTICLE V: THE CONTRACT DOCUMENTS
The parties agree that the terms and conditions contained in the Contract Documents (including bid information,
bid documents, specifications, supplemental specifications and drawings) are made part of this Contract and are
binding on both parties as if all conditions contained in the Contract Documents were set forth in this Contract.
In addition, the Owner's designated engineer shall furnish to the CONTRACTOR supplementary drawings or
explanations as may be necessary to illustrate the work to be done, and the CONTRACTOR shall conform to
same as part of this Contract, and all such supplemental information shall be part of the Contract Documents.
The Contract Documents comprise the entire agreement between the Owner and the Contractor and may only be
amended as herein described.
ARTICLE VI: SUBCONTRACTORS
The CONTRACTOR will not use subcontractors for the performance of its obligations under the Contract
Documents.
ARTICLE VII: WAIVERS
Neither the inspection by the OWNER or by the OWNER's agents, nor any orders or measurement of certificate
by the Engineer, nor any order by the OWNER for the payment of money, nor payment for or acceptance of the
whole or any part of the Work by the OWNER, nor any extension of time or any possession taken by the OWNER
or its employees, shall operate as a waiver of any provision of this Contract, any power herein reserved to the
OWNER, or any right to damages herein provided. No waiver of any breach of this Contract shall be held to be a
waiver of any other or subsequent breach. Any remedy provided in this Contract shall be taken and construed as
cumulative; that is, in addition to each and every other remedy herein provided and in addition to all other suits,
4
actions, or legal proceedings. The OWNER shall also be entitled as of right to a writ of injunction against any
breach of any of the provisions of this Contract.
ARTICLE VIII: OWNER AND RESPONSIBILITY OF THE ENGINEER
All work shall be done under the observation of the Engineer, or another authorized representative of the
OWNER. The Engineer shall decide any and all questions which may arise regarding the quality and acceptability
of materials furnished, work performed, rate of progress of work, interpretation of Contract Documents, and all
questions concerning the acceptable fulfillment of the Contract by the CONTRACTOR.
The Engineers services during the construction of the Project are intended to provide OWNER a greater degree
of confidence that the completed work of CONTRACTOR will conform in general to the Contract Documents,
Drawings and Specifications. The Engineer shall not, during visits to the project site or as a result of observation
of CONTRACTOR's work in progress, supervise, direct or have control over CONTRACTOR's work, nor shall
Engineer have authority over or responsibility for the means, methods, techniques, sequences or procedures of
construction selected by CONTRACTOR's, for any safety precautions and programs incident to the work of
CONTRACTOR's or for any failure of CONTRACTOR to comply with laws, rules, regulations, ordinances,
codes or orders applicable to CONTRACTOR's furnishing and performing the work. Accordingly, Engineer
neither guarantees the performance of any CONTRACTOR's nor assumes responsibility for any
CONTRACTOR's failure to furnish and perform its work safely or in accordance with the Contract Documents.
ARTICLE IX: SUCCESSORS AND ASSIGNS
This Contract and all of the covenants herein shall be binding upon the OWNER and the CONTRACTOR
respectively, and the CONTRACTOR’s subcontractors, subconsultants, partners, successors, assigns and legal
representatives. Neither the OWNER nor the CONTRACTOR shall have the right to assign, transfer or sublet
their interests or obligations hereunder without written consent of the other party.
ARTICLE X: TERMINATION
a. The OWNER may, upon seven days written notice to the CONTRACTOR, and at any time after the
execution of this Contract, terminate or limit the services of the CONTRACTOR furnished hereunder
for any reasons; including but not limited to, the abandonment of the Project, or the unavailability of
monies to complete the Work.
b. In the event of such termination, the CONTRACTOR shall be compensated for its authorized services
rendered hereunder up to that date, and for all reasonable shutdown costs as agreed to by both parties.
ARTICLE XI: INDEMNIFICATION
The CONTRACTOR shall indemnify, defend, and hold harmless the OWNER and the Engineer, their officers,
employees and agents, against any loss, liability, claims or demands (including death and/or property damage),
arising out of or resulting, in whole or in part, from the CONTRACTOR's performance of this Contract.
ARTICLE XII: CONTRACTOR'S STATUS AND RESPONSIBILITIES
a.
The CONTRACTOR's status shall be that of an independent principal, and not an agent or employee
of the OWNER.
b.
The CONTRACTOR shall be responsible for providing competent, suitably qualified personnel to
perform the Work.
5
c.
The CONTRACTOR shall be responsible for proceeding with the work and adhering to the schedule
during all disputes or disagreements with the OWNER. No work shall be delayed or postponed
pending resolution of any dispute or disagreement.
d.
The CONTRACTOR shall pay to the OWNER, and the OWNER shall have the right to deduct the
full amount of, all expenses, losses and damages from all monies due or to become due the
CONTRACTOR under this Contract for any of the following reasons:
1. Any defect, omission, or mistake of the CONTRACTOR or its employees; and the repairs of same,
as determined by the Engineer.
2. All costs of engineering work and inspection after the specified completion time for the Contract.
3. All costs incurred by the OWNER for overtime payments to the Inspection personnel caused by
the CONTRACTOR's overtime work. Overtime is considered as all hours worked exceeding eight
hours per day or forty hours per week; all hours worked on Saturday or Sunday; and all hours
worked on legal holidays observed by the OWNER.
4. Liquidated Damages in the amount set forth in Section X of the General Conditions – Construction
of the bid specifications (Project Manual) for each and every day that the CONTRACTOR shall
be in default of completing the Work of this Contract. This sum is hereby agreed to be proper and
reasonable liquidated damages which the OWNER will suffer by reason of such default.
5. All costs associated with liens filed and/or served by any of the CONTRACTOR's subcontractors
seeking payment for work and/or services performed in connection with this contract.
ARTICLE XIII: GUARANTEE AND CORRECTION OF DEFECTIVE WORK
a. The CONTRACTOR warrants and guarantees to the OWNER that all Work will be performed in
accordance with all applicable federal, state and local laws, standards and regulations and the
Contract Documents; and that the Work will not be defective.
b. If within two (2) years after the acceptance date, any Work is found to be defective, the
CONTRACTOR shall promptly correct the defective Work, or remove and replace it with non-
defective Work, as directed by the OWNER, and at no additional cost to the OWNER.
ARTICLE XIV: AFFIRMATIVE ACTION
During the performance of this contract, the CONTRACTOR agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for
employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual
orientation or sex. Except with respect to affectional or sexual orientation, the contractor will take affirmative
action to ensure that such applicants are recruited and employed, and that employees are treated during
employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional
or sexual orientation or sex. Such action shall include, but not be limited to the following: employment, up-
grading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be provided by the Public
Agency Compliance Officer setting forth provisions of this nondiscrimination clause;
The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employee’s place
by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment
without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation
or sex;
The contractor or subcontractor, where applicable, will send to each labor union or representative of workers with
6
which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the
agency contracting officer advising the labor union or workers' representative of the contractor's commitments
under this act and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the
Treasurer, pursuant to N.J.S.A. 10:5-31, et seq., as amended and supplemented from time to time and the
Americans with Disabilities Act.
When hiring or scheduling workers in each construction trade, the contractor or subcontractor agrees to make
good faith efforts to employ minority and women workers in each construction trade consistent with the applicable
employment goal prescribed by N.J.A.C. l7:27-7.3; provided, however, that the Division may, in its discretion,
exempt a contractor or subcontractor from compliance with the good faith procedures prescribed by the following
provisions, A, B and C, as long as the Division is satisfied that the contractor or subcontractor is employing
workers provided by a union which provides evidence, in accordance with standards prescribed by the Division,
that its percentage of active "card carrying” members who are minority and women workers is equal to or greater
than the applicable employment goal established in accordance with N.J.A.C.17:27-7.3. The contractor or
subcontractor agrees that a good faith effort shall include compliance with the following procedures:
(A)
lf the contractor or subcontractor has a referral agreement or arrangement with a union for a
construction trade, the contractor or subcontractor shall, within three business days of the contract award, seek
assurances from the union that it will cooperate with the contractor or subcontractor as it fulfills its affirmative
action obligations under this contract and in accordance with the rules promulgated by the Treasurer pursuant to
N.J.S.A. 10:5-31, et. seq., as supplemented and amended from time to time, and the Americans with Disabilities
Act. If the contractor or subcontractor is unable to obtain said assurances from the construction trade union at
least five business days prior to the commencement of construction work, the contractor or subcontractor agrees
to attempt to hire or schedule minority and women workers directly, consistent with the applicable employment
goal. If the contractor's or subcontractor's prior experience with a construction trade union, regardless of whether
the union has provided said assurances, indicates a significant possibility that the trade union will not refer
sufficient minority and women workers consistent with the applicable employment goal, the contractor or
subcontractor agrees to be prepared to hire or schedule minority and women workers directly, consistent with the
applicable employment goal, by complying with the hiring or scheduling procedures prescribed under (B) below;
and the contractor or subcontractor further agrees to take said action immediately if it determines or is so notified
by the Division that the union is not referring minority and women workers consistent with the applicable
employment goal.
(B)
If the hiring or scheduling of a workforce consistent with the employment goal has not or cannot
be achieved for each construction trade by adhering to the procedures of (A) above, or if the contractor does not
have a referral agreement or arrangement with a union for a construction trade, the contractor or subcontractor
agrees to take the following actions:
(1) To notify the public agency compliance officer, the Division, and minority and women referral
organizations listed by the Division pursuant to N.J.A.C.17:27-5.3, of its workforce needs, and request referral of
minority and women workers;
(2) To notify any minority and women workers who have been listed with it as awaiting available
vacancies;
(3) Prior to commencement of work, to request that the local construction trade union refer minority and
women workers to fill job openings provided the contractor or subcontractor has a referral agreement or
7
arrangement with a union for the construction trade;
(4)
To leave standing requests for additional referral to minority and women workers with the local
construction trade union, provided the contractor or subcontractor has a referral agreement or arrangement with
a union for the construction trade, the State Training and Employment Service and other approved referral sources
in the area until such time as the workforce is consistent with the employment goal;
(5)
If it is necessary to lay off some of the workers in a given trade on the construction site, to assure,
consistent with the applicable State and Federal statutes and court decisions, that sufficient minority and women
employees remain on the site consistent with the employment goal; and to employ any minority and women
workers laid off by the contractor on any other construction site on which its workforce composition is not
consistent with an employment goal established pursuant to rules implementing N.J.S.A. 10:5-31, et. seq.;
(6)
To adhere to the following procedure when minority and women workers apply or are referred to
the contractor or subcontractor:
(i)
The contractor or subcontractor shall interview the referred minority or women worker.
(ii)
If said individuals have never previously received any document or certification signifying a level
of qualification lower than that required in order to perform the work of the construction trade, the contractor or
subcontractor shall determine the qualifications of such individuals and if the contractor’s or subcontractor’s
workforce in each construction trade is not consistent with the applicable employment goal, it shall hire or
schedule those individuals who satisfy appropriate qualification standards. However, a contractor or subcontractor
shall determine that the individual at least possesses the requisite skills and experience recognized by a union,
apprentice program or a referral agency, provided the referral agency is acceptable to the Division. If necessary,
the contractor or subcontractor shall hire or schedule minority and women workers who qualify as trainees
pursuant to these rules. All of the requirements, however, are limited by the provisions of (C) below.
(iii) If the contractor's or subcontractor's workforce is consistent with the applicable employment goal, the
name of any interested women or minority individual shall be maintained on a waiting list for the first
consideration in the event the contractor's or subcontractor's workforce is no longer consistent with the applicable
employment goal.
(iv) If, for any reason, said contractor or subcontractor determines that a minority individual or a woman
is not qualified or if the individual qualifies as an advanced trainee or apprentice, the contractor or subcontractor
shall inform the individual in writing of the reasons for the determination, maintain a copy of the determination
in its files and send a copy to the public agency compliance officer and to the Division.
(7) To keep a complete and accurate record of all requests made for the referral of workers in any trade
covered by the contract, on forms made available by the Division and submitted promptly to the Division upon
request.
(C) The contractor or subcontractor agrees that nothing contained in (B) above shall preclude the
contractor or subcontractor from complying with the union hiring hall or apprenticeship policies in any applicable
collective bargaining agreement or union hiring hall arrangement, and, where required by custom or agreement,
it shall send journeymen and trainees to the union for referral, or to the apprenticeship program for admission,
pursuant to such agreement or arrangement. However, where the practices of a union or apprenticeship program
will result in the exclusion of minorities and women or the failure to refer minorities and women consistent with
the county employment goal, the contractor or subcontractor shall consider for employment persons referred
pursuant to (B) above without regard to such agreement or arrangement; provided further, however, that the
8
contractor or subcontractor shall not be required to employ women and minority advanced trainees and trainees
in numbers which result in the employment of advanced trainees and trainees as a percentage of the total
workforce for the construction trade, which percentage significantly exceeds the apprentice to journey worker
ratio specified in the applicable collective bargaining agreement, or in the absence of a collective bargaining
agreement, exceeds the ratio established by practice in the area for said construction trade. Also, the contractor or
subcontractor agrees that, in implementing the procedures of (B) above, it shall, where applicable, employ
minority and women workers residing within the geographical jurisdiction of the union.
After notification of award, but prior to signing a construction contract, the contractor shall submit to the public
agency compliance officer and the Division an initial project workforce report (Form AA 201) provided to the
public agency by the Division for distribution to and completion by the contractor in accordance with N.J.A.C.
17:27-7. The contractor also agrees to submit a copy of the Monthly Project Workforce Report once a month
thereafter for the duration of this contract to the Division and to the public agency compliance officer.
The contractor agrees to cooperate with the public agency in the payment of budgeted funds, as is necessary, for
on-the-job and/or off-the-job programs for outreach and training of minorities and women.
(D) The contractor and its subcontractors shall furnish such reports or other documents to the Division of
Contract Compliance & EEO as may be requested by the Division from time to time in order to carry out the
purposes of these regulations, and public agencies shall furnish such information as may be requested by the
Division of Contract Compliance & EEO for conducting a compliance investigation pursuant to Subchapter 10
of the Administrative Code (NJAC 17:27).
ARTICLE XV: CONTRACT BINDING
This Contract shall bind the heirs, executors, administrators, successors and assigns of the respective parties
hereto.
ARTICLE XVI: MANDATORY CONTRACT DISPUTE PROCEDURES
The CONTRACTOR agrees to Mandatory Contract Dispute Procedures required by N.J.S.A. 40A:11-50, as
described below.
In an effort to resolve any disputes that arise during the construction of the project or following the completion
of the project, the CONTRACTOR and Owner agree that all disputes between them arising out of or relating to
the performance of the work described in the Contract Documents shall be submitted to nonbinding mediation in
accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in
effect. Request for mediation shall be filed in writing with the other party to the Contract and with the American
Arbitration Association.
The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place
where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation
shall be enforceable as settlement agreements in any court having jurisdiction thereof.
The CONTRACTOR further agrees to include a similar mediation provision in all agreements with independent
contractors and consultants retained for the project and to require all independent contractors and consultants also
to include a similar mediation provision in all agreements with subcontractors, subconsultants, suppliers or
fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the
parties to those agreements.
9
Nothing in this section shall prevent the Owner from seeking injunctive or declaratory relief in court at any time.
The alternative dispute resolution practices required by this section shall not apply to disputes concerning the bid
solicitation or award process, or to the formation of contracts or subcontracts to be entered into pursuant to P.L.
1971, c. 198 (C:40A:11-1, et seq.).
ARTICLE XVII: GOVERNING LAW
The laws of the State of New Jersey will govern the validity of this Contract, its interpretation and performance.
ARTICLE XVIII: PREVAILING WAGE RATE
The CONTRACTOR agrees to comply with the provisions of the New Jersey Prevailing Wage Act, N.J.S.A.
34:11-56.25, et seq., and all corresponding rules and regulations. The CONTRACTOR shall pay all workers
employed in the performance of this contract the prevailing wages determined pursuant to the above cited law.
P.L. 2021, c. 301 requires a contractor submitting the lowest bid for a contract that is subject to the Prevailing
Wage Act, if that bid is 10 percent or more lower than the next lowest bid, to certify to the public body that the
prevailing wage rates required by the Act shall be paid. If the bidder does not provide the certification prior to the
award of the contract, the public body shall award the contract to the next lowest responsible and responsive
bidder.
Further, P.L. 2021, c. 301 also amended N.J.S.A. 34:11 ‐56.27 to require that any contract for public work
expressly stipulate that workers performing work under the contract shall not be paid less than the required
prevailing wage rate. Contractors and their sureties shall be liable to the public body, any lessee to whom the
public body is leasing a property or premises or to any lessor from whom the public body is leasing or will be
leasing a property or premises, for any excess costs occasioned by the termination of their right to proceed with
the work, or such part of the work as to which there has been a failure to pay required wages.
ARTICLE XIX: AMERICANS WITH DISABILITIES ACT
The CONTRACTOR and the Owner do hereby agree that the provisions of Title II of the Americans with
Disabilities Act of 1990 (the “Act'') (42 U.S.C. 12101, et seq.), which prohibits discrimination on the basis of
disability by public entities in all services, programs, and activities provided or made available by public entities,
and the rules and regulations promulgated pursuant thereunto, are made a part of this Agreement. In providing
any aid, benefit, or service on behalf of the Owner pursuant to this Agreement, the CONTRACTOR agrees the
performance shall be in strict compliance with the Act. In the event that the CONTRACTOR, its agents, servants,
employees, or subcontractors violate or are alleged to have violated the Act during the performance of this
Agreement, the CONTRACTOR shall defend the Owner in any action or administrative proceeding commenced
pursuant to this Act. The CONTRACTOR shall indemnify, protect, and save harmless the Owner and engineer,
its agents, servants and employees from and against any and all suits, claims, losses, demands or damages of
whatever kind or nature arising out of or claimed to arise out of the alleged violation. The CONTRACTOR shall,
at its own expense, appear, defend and pay any and all charges for legal services and any and all costs and other
expenses arising from such action or administrative proceeding or incurred in connection therewith. In any and
all complaints brought pursuant to the Owner's grievance procedure, the CONTRACTOR agrees to abide by any
decision of the Owner which is rendered pursuant to said grievance procedure. If any action or administrative
proceeding results in an award of damages against the Owner or if the Owner incurs any expense to cure a
violation of the Act which has been brought pursuant to its grievance procedure, the CONTRACTOR shall satisfy
and discharge the same at its own expense.
The Owner shall, as soon as practicable after a claim has been made against it, give written notice thereof to the
10
CONTRACTOR along with full and complete particulars of the claim. If any action or administrative proceeding
is brought against the Owner or engineer or any of its agents, servants, and employees, the Owner shall
expeditiously forward or have forwarded to the CONTRACTOR every demand, complaint, notice, summons,
pleading or other process received by the Owner or its representatives.
It is expressly agreed and understood that any approval by the Owner or engineer of the services provided by the
CONTRACTOR pursuant to this Agreement will not relieve the CONTRACTOR of the obligation to comply
with the Act and to defend, indemnify, protect, and save harmless the Owner pursuant to this Paragraph.
It is further agreed and understood that the Owner and engineer assume no obligation to indemnify or save
harmless the CONTRACTOR, its agents, servants, employees and subcontractors for any claims made under the
Act.
IN WITNESS WHEREOF, the parties hereto have thereunto set their hands and seals.
ATTEST:
TOWNSHIP OF EAST AMWELL
___________________________
By:___________________________
ATTEST:
VENDOR
_________________________
By:________________________________
.
(Affix Corporate Seal)
--- Document: Committee Volunteer Application Form ---
VOLUNTEER APPLICATION
FOR APPOINTMENT TO BOARDS OR COMMITTEES
E-mail or hand deliver this application with your resume to:
Linda Giliberti, Township Clerk
1070 Route 202/31
Ringoes, NJ 08551
Phone: 908/782-8536, X19
lgiliberti@eastamwelltownship.com
NAME:
DATE:
HOME
BUSINESS
ADDRESS:
ADDRESS:
PHONE:
BUS. PHONE:
FAX:
BUS FAX:
E-MAIL ADDRESS:
I would like to be considered for appointment to the following Board or Committee as a volunteer member.
Planning Board
Board of Health
Recycling Committee
Agricultural Advisory Committee
Historic Preservation Committee
Farmland and Open Space Committee
Ringoes Village Advisory Committee
Environmental Commission
Parks & Recreation Advisory Committee
1st CHOICE:
2nd CHOICE:
Please complete the following and attach resume.
1. EDUCATIONAL BACKGROUND:
2. RELEVANT WORK/PROFESSIONAL EXPERIENCE:
3. INVOLVEMENT IN PROFESSIONAL AND COMMUNITY ORGANIZATIONS:
4. PREVIOUS SERVICE ON ANY BOARD, COMMISSION OR POSITION:
5. DESCRIBE BRIEFLY WHY YOU ARE SEEKING THE APPOINTMENT:
REFERENCES: (Please provide details of two people, not related to you,whom we may ask for a
reference)
Name:_______________________________________________________________
Address:_____________________________________________________________
Telephone No:________________________________________________________
Relationship to you:___________________________________________________
Name:_______________________________________________________________
Address:_____________________________________________________________
Telephone No:________________________________________________________
Relationship to you:___________________________________________________
To process your application, we may need to disclose the information we receive from you to others.
I agree to East Amwell Township processing and retaining the personal information contained on this
form for any purposes connected to my application or my health and safety while on the premises.
SIGNATURE:
DATE:
Your details may be kept in a volunteer file and we may use the data to keep you up to date with other
volunteer opportunities.
--- Document: OPRA Form ---
Township of East Amwell
OPEN PUBLIC RECORDS ACT REQUEST FORM
1070 Route 202/31, Ringoes, NJ 08551
(908) 782-8536 & (908) 782-8536 (Fax)
lgiliberti@eastamwelltownship.com
Linda Giliberti
Requestor Information – Please Print
Payment Information
Record Request Information: Please be as specific as possible in describing the records being requested. Also, please note that your preferred
method of delivery will only be accommodated if the custodian has the technological means and the integrity of the records will not be
jeopardized by such method of delivery.
Note: If you confirmed above that the records sought are in connection with a legal proceeding, identification of that proceeding is
required below.
AGENCY USE ONLY
AGENCY USE ONLY
AGENCY USE ONLY
Est. Document Cost
Est. Delivery Cost
Est. Extras Cost
Total Est. Cost
Deposit Amount
Estimated Balance
Deposit Date
Disposition Notes
Custodian: If any part of request cannot be
delivered in seven business days,
detail reasons here.
In Progress
-
Open
Denied
-
Closed
Filled
-
Closed
Partial
-
Closed
Tracking Information
Final Cost
Tracking #
Total
Rec’d Date
Deposit
Ready Date
Balance Due
Total
Pages
Balance Paid
Records Provided
Custodian Signature
Date
Important Notice
The last page of this form contains important information related to your rights concerning government records. Please read it carefully.
First Name
MI
Last Name
E-mail Address
Mailing Address
City
State
Zip
Telephone
FAX
Preferred Delivery:
Pick
Up
US Mail
On-Site
Inspect
Fax
E-mail
Under penalty of N.J.S.A. 2C:28-3, I certify that
1.
I
HAVE /
HAVE NOT been convicted of any indictable offense under the laws of New Jersey, any
other state, or the United States;
2.
I, or another person,
WILL /
WILL NOT use the requested government records for a commercial
purpose;
3.
I
AM /
AM NOT seeking records in connection with a legal proceeding.
Signature
Date
Maximum Authorization Cost $
Select Payment Method
Cash
Check
Money Order
Fees:
Letter size pages - $0.05
per page
Legal size pages - $0.07
per page
Other materials (CD, DVD,
etc) – actual cost of material
Delivery: Delivery / postage fees
additional depending upon
delivery type.
Extras:
Special service charge
dependent upon request.
DEPOSITS
The custodian may require a deposit against costs for reproducing documents whenever the custodian anticipates that the documents requested
will cost in excess of $5 to reproduce. N.J.S.A. 47:1A-5(f).
Where a special service charge is warranted under OPRA, that amount will be communicated to you as required under the statute. You have
the opportunity to review and object to the charge prior to it being incurred. If, however, you approve of the fact and amount of the special
service charge, you may be required to pay a deposit or pay in full prior to reproduction of the documents.
YOUR REQUEST FOR RECORDS IS DENIED FOR THE FOLLOWING REASON(S):
(To be completed by the Custodian of Records – check the box of the numbered exemption(s) as they apply to the records requested. If
multiple records are requested, be specific as to which exemption(s) apply to each record. Response is due to requestor as soon as
possible, but no later than seven (7) or fourteen (14) business days. See page 5 for additional response details)
N.J.S.A. 47:1A-1.1
Inter-agency or intra-agency advisory, consultative or deliberative material
Legislative records
Law enforcement records:
Medical examiner photos
Criminal investigatory records (however, N.J.S.A. 47:1A-3(b) lists specific criminal investigatory information which must be
disclosed)
Victims’ records and/or OPRA requests submitted by victims seeking their own records
Personal firearms records or personal identifying information connected to any license authorizing hunting with a firearm.
Trade secrets and proprietary commercial or financial information
Any record within the attorney-client privilege
Administrative or technical information regarding computer hardware, tablets, telephones, electronic computing devices, software
applications, and networks or devices operation them which, if disclosed would jeopardize computer security
Emergency or security information or procedures for any buildings or facility which, if disclosed, would jeopardize security of the building
or facility or persons therein
Security measures and surveillance techniques which, if disclosed, would create a risk to the safety or persons, property, electronic
data or software
Security alarm system activity and access reports, including video footage the disclosure of which does not compromise the integrity of
the security system
Information which, if disclosed, would give an advantage to competitors or bidders including detailed or itemized cost estimates prior to
bid opening
Information generated by or on behalf of public employers or public employees in connection with:
Any sexual harassment complaint filed with a public employer
Any grievance filed by or against an employee
Collective negotiations documents and statements of strategy or negotiating
Information that is a communication between a public agency and its insurance carrier, administrative service organization or risk
management office
Information that is to be kept confidential pursuant to court order
Certificate of honorable discharge issued by the United States government (commonly Form DD-214 or NGB-22) filed with a public
agency
Oath of allegiance, oath of office, or other affirmation; except that full name, title, and oath date.
Privacy Information:
Social security numbers
Credit card or debit card numbers
Bank account information
Month and day of birth
Personal e-mail address required by a public agency for government applications, services, or programs
Telephone numbers
Drivers’ license numbers
Primary or secondary addresses for covered persons or immediate family members per N.J.S.A. 47:1B-1 (Daniel’s Law)
Portion of any document disclosing personal information of any person provided to a public agency for sole purpose of receiving official
notifications
Lists (including personal information) of persons identifying as in need of special assistance in the event of an emergency maintained
by a municipality or county
Portion of any record disclosing the personal identifying information of a person under 18 years old
Personal identifying information contained on domestic animal permits, license, and registrations.
Metadata
New Jersey Firemen’s Association financial relief applications
Owner and maintenance manuals
HIPAA information and indecent or graphic images of a person’s intimate parts as defined in N.J.S.A. 47:1A-5.2
Certain records of higher education institutions:
Research records
Questions or scores for exam for employment or academics
Charitable contribution information
Rare book collections gifted for limited access
Admission applications
Student records, grievances or disciplinary proceedings revealing a students’ identification
Biotechnology trade secrets N.J.S.A. 47:1A-1.2
Convicts requesting their victims’ records N.J.S.A. 47:1A-2.2
Ongoing investigations of non-law enforcement agencies (must prove disclosure is inimical to the public interest) N.J.S.A. 47:1A-3(a)
Public defender records N.J.S.A. 47:1A-5(k)
Upholds exemptions contained in other State or federal statutes and regulations, Executive Orders, Rules of Court, and privileges
created by State Constitution, statute, court rule or judicial case law N.J.S.A. 47:1A-9
Personnel and pension records (however, the following information must be disclosed:
An individual’s name, title, position, salary, payroll record, length of service, date of separation and the reason for such
separation, and the amount and type of any pension received
When required to be disclosed by another law, when disclosure is essential to the performance of official duties of a person
duly authorized by this State or the US, or when authorized by an individual in interest
Data contained in information which disclose conformity with specific experiential, educational or medical qualifications
required for government employment or for receipt of a public pension, but not including any detailed medical or psychological
information N.J.S.A. 47:1A-10
N.J.S.A. 47:1A-1
“a public agency has a responsibility and an obligation to safeguard from public access a citizen's personal information with which it
has been entrusted when disclosure thereof would violate the citizen's reasonable expectation of privacy.”
Burnett v. County of Bergen, 198 N.J. 408 (2009). Without ambiguity, the court held that the privacy provision “is neither a preface nor
a preamble.” Rather, “the very language expressed in the privacy clause reveals its substantive nature; it does not offer reasons why
OPRA was adopted, as preambles typically do; instead, it focuses on the law’s implementation.” “Specifically, it imposes an obligation
on public agencies to protect against disclosure of personal information which would run contrary to reasonable privacy interests.”
Executive Order No. 21 (McGreevey 2002)
Records where inspection, examination or copying would substantially interfere with the State's ability to protect and defend the State
and its citizens against acts of sabotage or terrorism, or which, if disclosed, would materially increase the risk or consequences of
potential acts of sabotage or terrorism.
Records exempted from disclosure by State agencies’ proposed rules.
Executive Order No. 26 (McGreevey 2002)
Certain records maintained by the Office of the Governor
Resumes, applications for employment or other information concerning job applicants while a recruitment search is ongoing
Records of complaints and investigations undertaken pursuant to the Model Procedures for Internal Complaints Alleging Discrimination,
Harassment or Hostile Environments
Information relating to medical, psychiatric or psychological history, diagnosis, treatment or evaluation
Information in a personal income or other tax return
Information describing a natural person's finances, income, assets, liabilities, net worth, bank balances, financial history or activities, or
creditworthiness, except as otherwise required by law to be disclosed
Test questions, scoring keys and other examination data pertaining to the administration of an examination for public employment or
licensing
Records in the possession of another department (including NJ Office of Information Technology or State Archives) when those records
are made confidential by regulation or EO 9.
Other Exemption(s) contained in a State statute, resolution of either or both House of the Legislature, regulation, Executive Order,
Rules of Court, any federal law, federal regulation or federal order pursuant to N.J.S.A. 47:1A-9(a).
(Please provide detailed information regarding the exemption from disclosure for which you are relying to deny access to government records.
If multiple records are requested, be specific as to which exemption(s) apply to each record.)
REQUEST FOR RECORDS UNDER THE COMMON LAW
If, in addition to requesting records under OPRA, you are also requesting the government records under the common law, please check the
box below.
A public record under the common law is one required by law to be kept, or necessary to be kept in the discharge of a duty imposed by law, or
directed by law to serve as a memorial and evidence of something written, said, or done, or a written memorial made by a public officer authorized
to perform that function, or a writing filed in a public office. The elements essential to constitute a public record are that it be a written memorial,
that it be made by a public officer, and that the officer be authorized by law to make it.
Yes, I am also requesting the documents under common law.
If the information requested is a "public record" under common law and the requestor has a legally recognized interest in the subject matter
contained in the material, then the material must be disclosed if the individual's right of access outweighs the State's interest in preventing
disclosure.
Please set forth your interest in the subject matter contained in the requested material:
Note that any challenge to a denial of a request for records under the common law cannot be made to the Government Records
Council, as the Government Records Council only has jurisdiction to adjudicate challenges to denials of OPRA requests. A challenge
to the denial of access under the common law can be made by filing an action in Superior Court.
1.
All “government records” as defined in N.J.S.A. 47:1A-1.1 are subject to public access under the Open Public Records Act
(“OPRA”), unless specifically exempt.
2.
A request for access to a government record under OPRA must be in writing, hand-delivered, mailed, transmitted electronically,
or otherwise conveyed to the appropriate custodian. N.J.S.A. 47:1A-5(g). In accordance with OPRA, custodians will generally
have seven (7) business days to respond, unless:
•
The requestor seeks “immediate access” records as outlined in N.J.S.A. 47:1A-5(e); where the custodian must
respond “immediately” disclosing responsive records not to exceed twenty-four (24) months old.
•
The requestor seeks information required to be disclosed by N.J.S.A. 47:1A-3(b), where the custodian must respond
disclosing the information within twenty-four (24) hours or as a soon as practical;
•
The requestor is a seeking records for a “commercial purpose” as defined in N.J.S.A. 47:1A-1.1, where the response
time frame is fourteen (14) business days, but the custodian shall notify the requestor of the additional time within
seven (7) business days. N.J.S.A. 47:1A-5(i). However, the response time frame can be reduced to seven (7)
business days upon payment of no more than two times the cost to produce the responsive records.
•
The requestor is seeking records requiring review for compliance with “Daniel’s Law” (N.J.S.A. 47:1B-1, et seq.),
where the response time frame is fourteen (14) business days, but the custodian shall notify the requestor of the
additional time within seven (7) business days. N.J.S.A. 47:1A-5(i).
•
Fire district employing one or fewer full-time employees serving as custodians may add seven (7) business days to
the seven (7) or fourteen (14) business day response time frames.
The applicable response time does not commence until the custodian receives the request form. N.J.S.A. 47:1A-5(h). If you
submit the request form to any other officer or employee, the recipient must either forward the request to the appropriate
custodian or direct you to the appropriate custodian. Id.
3.
Requestors are not required to use this OPRA request form; however, a written equivalent not containing the form requirements
of N.J.S.A. 47:1A-5(f) and N.J.S.A. 47:1A-5(g) may be denied by a custodian.
4.
Requestors may submit requests anonymously. A request submitted anonymously shall not be considered incomplete.
N.J.S.A. 47:1A-5(f). If you elect not to identify yourself accurately or provide an accurate address, e-mail address, or telephone
number, the custodian is not required to respond until you reappear before the custodian seeking a response to the original
request. Further, anonymous requestors are prohibited from filing a complaint with either the GRC or the Courts. N.J.S.A.
47:1A-6.
5.
The fees for duplication of a “government record” in printed form are listed on page 1 of this form. The custodian will notify you
of any special service charges or other additional charges authorized by State law or regulation before processing your request.
Payment shall be made by cash, check or money order payable to the responding agency.
6.
You may be charged a prepayment or deposit when a request for copies exceeds $5.00. The custodian will contact you and
advise you of any deposit requirements. You agree to pay the balance due upon delivery of the records.
7.
Under OPRA, a custodian must deny access to a person who has been convicted of an indictable offense in New Jersey, any
other state, or the United States, and who is seeking government records containing personal information pertaining to the
person’s victim or the victim’s family. N.J.S.A. 47:1A-2.2. This includes anonymous requests for said information.
8.
By law, the responding agency must notify you that it grants or denies a request for access to government records within
applicable response time frame after the custodian receives the request. If the record requested is in storage, the custodian
will advise you within seven (7) or fourteen (14) business days after receipt of the request when the record can be made
available and the estimated cost for reproduction within no more than twenty-one (21) business days from date of notification.
N.J.S.A. 47:1A-5(i).
9.
You may be denied access to a government record if your request would substantially disrupt agency operations and the
custodian is unable to reach a reasonable solution with you. N.J.S.A. 47:1A-5(g).
10. If the custodian is unable to comply with your request for access to a government record, they will indicate the specific bases
for denial on the request form or other written correspondence and send it to you.
11. Except as otherwise provided by law or by agreement with the requester, if the custodian fails to respond to you in writing
within seven (7) or fourteen (14) business days of receiving a request, the failure to respond is a deemed denial of your request.
N.J.S.A. 47:1A-5(g); N.J.S.A. 47:1A-5(i).
12. If your request for access to a government record has been denied or unfilled within the seven (7) or fourteen (14) business
days required by law, you have a right to challenge the decision by the responding agency to deny access. At your option, you
may either: 1) institute a proceeding in the Superior Court of New Jersey; or 2) file a complaint with the Government Records
Council (“GRC”) by completing the Denial of Access Complaint Form. All questions regarding complaints filed in Superior Court
should be directed to the Court Clerk in your County. Questions regarding the GRC’s Denial of Access Complaint process can
directed to the GRC toll-free telephone at 866-850-0511, by mail at PO Box 819, Trenton, NJ, 08625, by e-mail at
Government.Records@dca.nj.gov, or at their web site at www.state.nj.us/grc. The Council can answer general inquiries about
OPRA.
13. Information provided on this form may be subject to disclosure under the Open Public Records Act.
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