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HaworthRed RiskOpenBuilding & Construction
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BID #: RFP 2026-002
DUE: 4/21/2026
VALUE: TBD
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Executive Summary
This document contains information for two Requests for Proposals (RFPs) issued by the Borough of Haworth. The first RFP, numbered 2026-002, solicits bids for the Haworth Swim Club Pool Painting Project, involving acid washing and painting two swimming pools. Bids were due on April 21, 2026. The second RFP, numbered 2026-001, seeks proposals for the operation of the food service concession (Snack Bar) at the Haworth Swim Club for the 2026 pool season. Proposals were due on April 8, 2026.
For the pool painting project, all proposals must be accompanied by a bid bond or certified check, and bidders must comply with various state laws regarding disclosure, affirmative action, and equal opportunity. Bidders must also furnish a list of subcontractors and a New Jersey Business Registration Certificate. The contract is anticipated to be awarded at the Mayor and Council meeting on April 28, 2026. The food service concession RFP requires a bid bond or certified check, a consent of surety, and compliance with affirmative action requirements.
Both RFPs outline specific requirements, including the submission of necessary documents, compliance with relevant regulations, and the Borough's right to reject any or all proposals. The snack bar operations are expected to run from May 23, 2026 (weekends) and June 15, 2026 (daily) to September 7, 2026, with specific hours of operation.
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Document Text
--- Document: RFP 2026-002 Haworth Swim Club Pool Painting Project ---
NOTICE TO BIDDERS
BOROUGH OF HAWORTH, BERGEN COUNTY
RFP 2026-002
NOTICE IS HEREBY GIVEN that sealed bids for the HAWORTH SWIM CLUB POOL PAINTING
PROJECT will be received by the Borough Clerk and publicly opened and read in the Council Chambers of the
Municipal Building, 300 Haworth Avenue, Haworth, New Jersey 07641, on Tuesday, April 21, 2026 at 10:00
AM, or as soon thereafter as the matter can be reached.
The project includes acid washing and painting of two (2) swimming pools at the Haworth Swim Club.
All bids must be submitted in the form of proposal prescribed by the Borough of Haworth. Said forms of proposal,
together with the contract plans and specifications prepared by the Borough Engineer, are on file in the office of
the Borough Clerk at the Municipal Building and may be inspected during business hours. Copies of the plans,
specifications and proposal forms may be viewed at the office of the Borough Clerk or obtained electronically by
contacting the Borough Clerk at (201) 384-4785 or boroughclerk@haworthnj.org. There is no charge for the
electronic version of the documents. The pools are available for inspection prior to bidding; contact the Haworth
Department of Public Works at (201) 384-1037 for access.
All proposals must be accompanied by a bid bond or certified check to the order of the Borough in an amount not
less than ten percent (10%) of the bid or $20,000.00, whichever is less, and not less than $500.00, for each bid
submitted. Bidders are required to comply with the requirements of P.L. 1977, c. 33 regarding Disclosure of
Partners and Stockholders; P.L. 1975, c. 127 regarding Affirmative Action; N.J.S.A. 10:5-31 et seq. and N.J.A.C.
17:27 regarding Equal Opportunity; and Executive Order 11246 regarding Equal Opportunity. Bidders must
furnish a list of subcontractors to be used on the project. This bid solicitation is made in a fair and open process
in accordance with N.J.S.A. 19:44A-20.5 et seq.
Pursuant to P.L. 2004, c. 57, all bids must be accompanied by a New Jersey Business Registration Certificate
issued by the New Jersey Department of Treasury, Division of Revenue. Failure to include said certificate is a
material bid defect which cannot be waived.
The proposal shall also contain a consent of surety agreement under which the surety company agrees to provide
a performance and payment bond equal to one hundred percent (100%) of the contract price if the contract is
awarded to its principal.
All bids shall be irrevocable and shall not be subject to withdrawal for any reason for a period of sixty (60) days
following the date fixed for the opening thereof. The Borough of Haworth reserves the right to waive any
immaterial informalities in any bid or to reject all bids if the best interest of the Borough so requires, all in
accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
It is anticipated that the contract will be awarded at the Mayor and Council meeting of April 28, 2026.
BY ORDER OF THE MAYOR AND COUNCIL
Gregory Zagaja, RMC, CMC, CMR
Municipal Clerk, Borough of Haworth
--- Document: RFP 2026-001 HSC Snack Stand. ---
BOROUGH OF HAWORTH
300 Haworth Avenue
Haworth, New Jersey 07641
REQUEST FOR PROPOSALS
Food Service Concession at the Haworth Swim Club for the 2026 Pool Season
Notice to Bidders
Notice is hereby given that the Borough of Haworth will receive proposals for the operation of the
food concession (hereinafter referred to as the “Snack Bar”) at the Haworth Swim Club for the
2026 pool season. Pool membership is expected to be approximately 250 families.
Proposals may be submitted by mail or in person and will be received by the Haworth Borough
Clerk at the Haworth Municipal Building, 300 Haworth Avenue, Haworth, New Jersey 07641 until
Wednesday, April 8, 2026, at 10:00 a.m. All proposals shall be enclosed in sealed envelopes
bearing the legend, “Proposal for Snack Bar at Haworth Swim Club” on the outside.
All proposals will be opened in the Haworth Borough Hall, 300 Haworth Avenue, Haworth, New
Jersey, 07641 on Wednesday, April 8, 2026, at 10:00 a.m. Any proposals received after that time
will be returned to the bidder unopened.
Proposals, when submitted, shall be accompanied by a bid bond or certified check made payable
to the "Borough of Haworth", in the sum of not less than ten percent (10%) of the bid ("Bid
Guarantee"). The Bid Guarantee shall be forfeited as liquidated damages if the bidder fails to
execute and return the contract within ten (10) days after notification of the award of the contract
and submission of the contract to the bidder for signature.
The bidder shall also submit a Consent of Surety from an approved surety company, licensed to
conduct business in the State of New Jersey, agreeing that, if the bidder is awarded the contract by
the Borough of Haworth, the surety will provide the required performance bond. Failure to submit
a Bid Guarantee and/or a Consent of Surety shall result in the rejection of the bid.
The Borough of Haworth reserves the right to reject any or all proposals and to waive any
informalities as deemed to be in the best interest of the Borough of Haworth. Bidders are advised
that they must comply with all applicable laws, including but not limited to the Affirmative Action
requirements set forth in N.J.S.A. 10:5-31 (P.L. 1975, c.127) and N.J.A.C. 17:27-1, et seq.
Instructions to Bidders
1. Objective:
The objective is to provide food service to patrons of the Haworth Swim Club within the Swim
Club complex. The successful bidder (hereinafter the “Vendor”) shall be responsible for providing
all labor, materials, equipment, and services necessary to serve patrons during the specified hours
of operation in accordance with these specifications. Only one Contract will be awarded.
2. Term of Contract; Hours of Operation:
The Snack Bar shall be open and in operation during the period of operation for the 2026 Swim
Club Season, which is expected to commence on May 23, 2026 for weekends and June 15, 2026,
with operations 7 days a week starting June 21, 2026, and ending on September 7, 2026 (Labor
Day).
The Snack Bar must operate between the hours of 12:00 PM and 6:00 PM on all days the Swim
Club is open. Deviation from this schedule will require prior approval from the Borough. Final
daily operating hours will be negotiable once the contract is awarded.
The Snack Bar will be located within the Swim Club complex as determined by the Borough. The
Vendor is responsible for opening the Snack Bar no earlier than May 23, 2026. The Vendor must
contact the Pool Manager at least two business days in advance to arrange for the opening and/or
closing of the Snack Bar. The Vendor will not be entitled to an adjustment of fees payable to the
Borough due to the closure of the Swim Club, except under the following conditions:
•
If the Swim Club is closed for more than five (5) consecutive days that it is otherwise
scheduled to operate, or
•
If the Swim Club is closed for more than twenty (20) total days during the pool season.
3. Concession Products and Prices:
The Vendor shall provide the Borough with a proposed menu that consists of at least the following
products:
a. Variety of cooked food, prepared on premises such as hot dogs, hamburgers, or pressed
sandwiches;
b. A variety of packaged dry snacks (potato chips, corn chips, peanuts without shells, candy,
etc.);
c. Frozen food or dairy products, such as ice pops or ice cream, must be made available;
d. A variety of cold drinks (water, soda, juice, iced tea, etc.).
NOTHING IN GLASS BOTTLES
e. (At the option of the Vendor) Cold sandwiches, wraps, or salads;
f. Other* (at the option of the Vendor – please list below)
* Any off-site food preparation shall take place in an approved canteen or kitchen.
Bidders must submit along with the Bid Proposal Form the Schedule entitled “Proposed Snack Bar
Menu” (attached) showing the maximum prices for menu items. The Schedule must include all
requested information, including the size of the item being sold and the price to be charged. Prices
charged shall be compatible with prices charged “on the street”. The quality of products sold will
adhere to Schedule specifications. Bidders must also submit with the Bid Proposal Form the
Schedule entitled “Background Check Release” for each employee of the Bidder who will be
working at the Snack Bar at any time and/or in any capacity.
Failure to submit completed Schedules shall be cause for rejection of bid. The Borough reserves
the right to reject any and all proposals, to waive any informalities or to accept a proposal, which,
in its judgment best serves the interest of the Borough.
The Borough reserves the right to reject any proposal which includes prices that are, in the
Borough’s sole discretion, substantially higher than prices charged for comparable items by food
vendors and restaurants in Haworth and vicinity.
Deviation from the approved menu offered by the Vendor, either by adding items or deleting, may
be done only with the permission of the Borough.
The Borough reserves the right to sell at the Swim Club food or other items not on the Vendor’s
approved menu.
4. Compliance with Sanitary Codes:
Prior to opening of the Snack Bar, the Vendor shall obtain a permit from and pay the appropriate
fee to the Haworth Health Department, and shall, at all times, comply with all applicable provisions
of the current State Sanitary Code. Prior to commencement of operation, the Snack Bar must be
inspected and approved by the Borough Health Inspector.
Any food preparation done off-site shall take place in an approved kitchen or canteen. The
location(s) for such off-site preparation must be identified by address in the Proposal Form.
5. Business Registration:
Each bidder, as part of the bid package, shall supply a copy of a Business Registration Certificate
issued by the New Jersey Treasury Department demonstrating that the bidder has registered as a
taxpaying business within New Jersey. Failure to supply a copy of this certificate as part of the bid
package is a fatal defect that cannot be corrected after the fact. Information on how a business can
obtain a certificate or to register online can be obtained from the New Jersey Department of the
Treasury, Division of Revenue, either online at http://www.nj.gov/treasury/revenue/taxreg.htm or
by phone at (609) 292-1730.
6. Background Check:
Prior to beginning operation, the Vendor shall supply to the Borough an authorization for a
criminal background check on every individual who will be working and/or providing services at
the Swim Club under this contract. At its sole discretion, the Borough, upon reviewing the
information obtained in this background check, may prohibit a given individual from working on
site. Additional employees may be added during the course of the season only after successful
completion of a criminal background check and prior approval by the Borough.
7. Other Vendor Requirements:
a. All of the Vendor’s employees while on site shall dress in clean clothes, wearing shirts,
pants or skirts, and shoes appropriate to the season.
b. The Vendor shall secure the Snack Bar and any materials left on site during the time it is
unattended.
c. The Borough shall not be responsible for any losses or damage to the Vendor’s equipment
or materials, whether or not they are secured.
d. The Vendor shall be responsible for keeping the Snack Bar and the immediate vicinity
clean and orderly, and shall dispose of any unsold product off-site.
e. There shall be no deliveries of materials and supplies to the Snack Bar during the Swim
Club’s hours of operation unless approved in advance by the Pool Manager. Whenever
possible, deliveries shall be coordinated with the Pool Manager.
f. The Vendor shall answer to the on-duty Pool Manager in the conduct of the Snack Bar in
order to assure an orderly operation in coordination with Swim Club operations.
8. Insurance:
The Contractor shall maintain the following insurance coverage written by insurance companies
authorized to write policies in the State of New Jersey, and acceptable to the Borough, which will
protect the Vendor from and against claims for damages which may arise from operations under
this Contract whether such operations be by the Vendor or by any subcontractor or anyone directly
or indirectly employed by either of them:
Workers Compensation – Statutory limit and Employer’s Liability Insurance limit of not less than
$1,000,000.00. The policy must include a provision that the insurer agrees to waive all rights of
subrogation against the Borough, its officials, employees or agents. If the Vendor has no
employees, but rather will provide all services as an individual, a signed affidavit that there are no
other employees will suffice.
Comprehensive General Liability (Occurrence Form) – Coverage for protection from and against
all claims arising from injuries to any or all persons (including death resulting therefrom) and
damage to property (including loss of use thereof) arising out of any act or omission of the Vendor,
its agents and employees. The limits of liability shall not be less than $500,000 each occurrence
and aggregate where applicable.
All of the aforementioned policies with the exception of Workers Compensation shall name the
Borough as an additional insured and copies of such policies or certificates of insurance shall be
delivered to the Borough as a pre-condition to commencement of the furnishing of work, labor or
services hereunder.
9. Abandonment:
If, for any period of three (3) consecutive days, the Vendor fails to open, staff and/or operate the
Snack Bar in accordance with the terms of the Contract, the premises shall be deemed abandoned
by the Vendor, and the Borough shall terminate the Contract without notice to the Vendor. In that
event, all property remaining on the premises shall be deemed abandoned by the Vendor and may
be retained or removed by the Borough.
The Vendor shall have all necessary licenses and be operational no later than Memorial Day or the
Contract shall be considered terminated, without further action by the Borough.
10. Basis of Award:
The Contract will be awarded based on a comprehensive review of competing proposals,
considering the following factors:
a. Concession fee payable to the Borough;
b. Variety of menu offered to Swim Club patrons;
c. Affordability of maximum prices of menu items; and
d. Experience and qualifications of the bidder.
Questions regarding this Request for Proposals may be directed to the Borough
Clerk/Administrator at (201) 384-4785.
PROPOSAL
Proposal for providing a food concession at the Haworth Swim Club Snack Bar for the 2026 pool
season.
The undersigned hereby declares that the undersigned has carefully examined the designated
Snack Bar site at the Haworth Swim Club and the Request for Proposals on file at the Borough
Clerk’s Office, for which bids are to be received on April 8, 2026 at 10:00 a.m. and hereby
submits the following proposal to sell and vend various food concession items at the Snack Bar as
the Borough permits us to sell pursuant to and in accordance with said Request for Proposals, and
to pay the Borough the following Concession Fee for the entire 2026 Swim Club Season:
1. Technical Response:
a. Describe qualifications and experience in the food concession business, giving names,
addresses, telephone numbers and contact persons of municipalities or other entities for
which you have provided similar services.
b. Provide the number and job titles of the personnel to be assigned to work on the contract.
In the event you propose to use a subcontractor, the qualifications of the subcontractor and
the work to be performed by the subcontractor shall be described in a similar manner.
c. Describe how you will perform the work that is called for in the RFP. Include a schedule
showing your work plan to accomplish the tasks to be performed.
d. List off-site Location(s), if any, where food will be prepared. Give address(es):
e. List any variances or exceptions (if any) from the specifications. If none, write “none”:
2. Concession Fee
We agree to pay the Borough the following Concession Fee for the entire 2026 Swim Club Season,
with no adjustment for any reason, including but not limited to inability to operate due to Swim
Club Closing:
Concession Fee: $________________________________________
Written Amount: __________________________________________________
3. Business References:
Provide the name, address and telephone numbers of three (3) references for whom the Bidder has
performed similar services:
Name
Address
Telephone
4. Bid Guaranty
Each bid must be accompanied by a performance guaranty, in the form of a bid bond or certified
check in the amount of ten percent (10%) of the amount bid and a Consent of Surety. Checks must
be made payable to "Borough of Haworth".
Amount of Guaranty Enclosed: $________________________________________
Proposal Submitted by:
________________________________________
(Attest/Witness)
________________________________________
(Bidder’s Signature)
Dated: _____________________
________________________________________
(Official Title)
________________________________________
(Bidder’s Name – Print)
________________________________________
(Bidder’s Telephone Number)
________________________________________________________________________________
(Bidder’s Address – Print)
SHAREHOLDER OR PARTNERSHIP DISCLOSURE FORM
STATE OF _____________________ :
: SS
COUNTY OF _____________________ :
In compliance with Chapter 33, Public Laws of 1977, every corporation and/or partnership
submitting a bid shall, prior to receipt of the bid by the Borough, or accompanying said bid, submit
a statement setting forth the names and addresses of all stockholders in the corporation or partners
in the partnership who own 10% or greater interest therein, as the case may be. If one or more such
stockholders or partners is itself a corporation or partnership, the stockholders holding 10% or
more of the corporation’s stock, or the individual partners owning 10% or greater interest in that
partnership, as the case may be, shall be listed. This disclosure shall be continued until the names
and addresses of every non-corporate stockholder and individual partner exceeding the 10%
ownership criteria established by this Notice, shall have been listed.
In accordance with the Information For Bidders and the provisions of P.L. 1977, Chapter 33,
Section 1 (N.J.S.A. 52:25-24.2), the undersigned, being duly sworn according to law, deposes and
says that the following is a list of the names and addresses of all stockholders in the corporation
who own 10% or more of its stock or of all individual partners in the partnership who own a 10%
or greater interest therein. (Use other side if additional room is needed.)
STOCKHOLDER OR PARTNER’S
NAME
ADDRESS
% OF STOCK OR
OWNERSHIP
INTEREST
☐ Check here if no individual stockholders or partners own 10% or more interest in the bidding
corporation or partnership.
________________________________________ ________________________________________
(Bidder’s Signature)
(Bidder’s Name – Print)
________________________________________
(Official Title)
Sworn to and subscribed before me this
_______ day of ________________________, 2026
________________________________________
Notary Public of New Jersey
SIGNATURE SHEET
This section must be completed if the Bidder is a sole proprietorship or a partnership
The undersigned certifies that ________________________________________ (name of bidding
entity) is a: sole proprietorship / partnership (cross out inapplicable form of entity).
________________________________________
(Bidder’s Signature)
________________________________________
(Bidder’s Name – Print)
________________________________________
(Official Title)
Sworn to and subscribed before me this
_______ day of ________________________, 2026
________________________________________
Notary Public of New Jersey
This section must be completed if the Bidder is a corporation
The undersigned certifies that ________________________________________ (name of
corporation) is a corporation of the State of ______________________________. It is authorized
to do business in New Jersey and its Charter has not been revoked and is in full force and effect as
of the date of the annexed bid.
________________________________________
(Bidder’s Signature)
________________________________________
(Bidder’s Name – Print)
________________________________________
(Official Title)
Sworn to and subscribed before me this
_______ day of ________________________, 2026
________________________________________
Notary Public of New Jersey
AFFIDAVIT OF NON-COLLUSION
STATE OF _____________________ :
: SS
COUNTY OF _____________________ :
I,
________________________________________,
residing
at
________________________________________, of full age, being duly sworn according to law
on my oath depose and say that:
I
am
the
______________________________
of
________________________________________,
the bidder making the proposal for the above named project, and that I have executed the said
proposal with full authority to do so. The 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. All statements contained in this
bid and in this affidavit are true and correct, and made with full knowledge that the Borough of
Haworth will rely upon the truth of the statements contained in the bid and in the statements
contained in this affidavit in awarding the contract for the project.
________________________________________
(Bidder’s Signature)
________________________________________
(Bidder’s Name – Print)
________________________________________
(Official Title)
Sworn to and subscribed before me this
_______ day of ________________________, 2026
________________________________________
Notary Public of New Jersey
SCHEDULE – PROPOSED CONCESSION MENU
(Must be submitted with bid – attach additional sheets, if necessary)
ITEM
SPECIFICATIONS
MAXIMUM
RETAIL PRICE
Beef Hot Dogs
Must be 100% "Grade A" All Beef in a Hot Dog Bun. Describe
method of preparation, proposed size and price
Bottled Water
Provide brand(s) and size(s)
Bottled Soda
Describe a minimum of three (3) items and sizes
Other Non-
carbonated
Beverages
Describe a minimum of three (3) items and sizes
Dry pre-packaged
snacks and/or candy
Describe a minimum of five (5) items and sizes
Cold Sandwiches
(optional)
Describe item, size, and method & location of off-site
preparation
Other Items
(optional)
Describe items and sizes and, if appropriate, method and
location of off-site preparation
SCHEDULE – BACKGROUND CHECK RELEASE
(must be provided by each individual and checked by the Borough before being permitted
to work at the Snack Bar)
TO WHOM IT MAY CONCERN:
I hereby authorize the Borough of Haworth to conduct a background check on me for the purpose
of determining my suitability to work as a food vendor, or an employee of a food vendor, at the
Haworth Swim Club, and I hereby grant permission for the release to the Borough of public and
private information, as may be requested by the Borough, including but not limited to:
Employment history, including dates of employment, job titles and responsibility, rates of pay,
attendance record, and reason for termination;
Criminal history, including arrests, convictions, and pending charges;
Driver’s license history, including a record of offenses.
I hereby release you, your organization, its officers and employees, and all others from liability or
damages that may result or be claimed from furnishing the information requested, including any
liability or damage pursuant to any state or federal laws, which may at any time result to me, my
heirs, my family or associates because of compliance with this authorization.
Signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date: _
_ _ _ _ _ _ _ _ _ _ _ _ _ _
Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _
Driver’s License #: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ State: _ _
_ _ _ _ _ _ _ _
Social Security #: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
THIS INFORMATION WILL BE USED SOLELY FOR THE PURPOSE OF
OBTAINING AND VERIFYING BACKGROUND INFORMATION AS AUTHORIZED
BY THE ACCOMPANYING RELEASE.
--- Document: 2026 HSC Pool Painting Specs. ---
NOTICE TO BIDDERS
BOROUGH OF HAWORTH, BERGEN COUNTY
NOTICE IS HEREBY GIVEN that sealed bids for the HAWORTH SWIM
CLUB POOL PAINTING PROJECT will be received by the Borough Clerk and
publicly opened and read in the Council Chambers in the Municipal Building,
300 Haworth Avenue, Haworth, NJ on Tuesday, April 21, 2026 at 10:00 AM,
or as soon thereafter as the matter can be reached.
The project includes acid washing and painting of two (2) swimming pools.
All bids must be submitted in the form of proposal prescribed by the
Borough of Haworth. Said forms of proposal, together with the contract
plans and specifications prepared by the Borough Engineer, are on file in
the office of the Borough Clerk at the Municipal Building, and may be
inspected during business hours. Copies of the plans, specifications and
proposal forms may be viewed at the office of the Borough Clerk or
obtained electronically by contacting the Borough Clerk at 201-384-
4785 x2 or BoroughClerk@Haworthnj.org.There is no charge for the
electronic version of the documents.
All proposals must be accompanied by a bid bond or certified check to the order
of the Borough in an amount not less than ten percent (10%) of the bid or
$20,000.00, whichever is less, for each bid submitted. Bidders are required to
comply with the requirements of P.L. 1977, c. 33, Laws of 1977 regarding
disclosure of Partners and Stockholders, and P.L. 1975, c. 127 regarding
Affirmative Action, and Executive Order 11246 regarding Equal Opportunity.
Bidders must furnish a list of subcontractors to be used on the project. This bid
solicitation is made in a fair and open process in accordance with N.J.S.A.
19:44A-20.5 et. seq.
Pursuant to P.L. 2004 c.57, all bids must be accompanied by a New Jersey
Business Registration Certificate issued by the New Jersey Department of
Treasury, Division of Revenue. Failure to include a said certificate is a material
bid defect which cannot be waived.
The proposal shall also contain consent of surety agreement under which the
surety company agrees to provide a performance and payment bond if the
contract is awarded to its principal.
All bids shall be irrevocable and shall not be subject to withdrawal for any
reason for a period of sixty (60) days following the date fixed for the opening
thereof. The Borough of Haworth reserves the right to waive immaterial
informalities in any bid or to reject all bids if the best interest of the Borough so
requires.
GENERAL SCOPE OF WORK
This project includes the following work tasks:
1. All work includes two (2) swimming pools.
2. Pools to be emptied all debris.
3. Pools to be pressure-wash cleaned with muriatic acid and washed
down with water.
4. Masonry cracks to be repaired with cement or caulking.
5. All loose or peeling paint will be scraped and primed.
6. Application of one (1) coat of Miazon Deluxe Semi-Gloss Acrylic
Pool Coating or comparable Semi-Gloss Acrylic Pool Paint.
7. Painting of racing lines, depth designations and pool safety
signage.
8. Area to be cleanup up to the satisfaction of the Haworth Swim
Club Management.
The pools should be inspected to ensure proper lump sum bidding.
Contact the Haworth Department of Public Works at 201-384-1037 for
access.
All work shall be completed by May 13, 2026. The contractor may work
all days, including Sundays.
GSW-1
BIDDER'S PROPOSAL HAWORTH SWIM CLUB POOL PAINTING
Each bidder MUST submit the following documents:
• □ Bidder's Proposal and Itemized Bid for this Contract.
• □ Non-Collusion Affidavit for bid submitted.
• □ Bid Guarantee.
• □ Experience questionnaire.
• □ Consent of Surety that such surety company will provide the
bidder with
Performance and Payment Bonds as required by the Specifications.
• □ Statement of Ownership Disclosure.
• □ List of all Subcontractors.
• □ Disclosure of Investment Activities in Iran.
• □ Proof of New Jersey Public Works Contractor Registration
(including subcontractors).
• □ Attachment of any addenda or clarification
acknowledgements (if received by bidder during bid period).
• □ Business Registration Certificate issued by the NJ Division
of Revenue including subcontractors (May be submitted after
bidding but before award of contract).
Corporation
The undersigned is a Corporation/Partnership/Individual under the
laws of the State of ________________________
having principal offices at
______________________________________________________
Bidder's Name
______________________________________________
(Signed)
Title_________________Phone & Fax No.
ITEMIZED BID
(continued)
HAWORTH SWIM CLUB POOL PAINTING
BIDDER'S PROPOSAL
HAWORTH SWINM CLUB POOL PAINTING, BOROUGH OF
HAWORTH, COUNTY OF BERGEN, STATE OF NEW JERSEY, and
all other work in connection with and incidental thereto, complete in
place according to the Plans and Specifications.
Mayor and Council Borough of Haworth
Municipal Building
300 Haworth Avenue
Haworth, NJ 07641-1298
The undersigned hereby declare that I/We (write in company below)
have carefully examined the Plans and Specifications for the
HAWORTH SWINM CLUB POOL PAINTING, BOROUGH OF
HAWORTH, COUNTY OF BERGEN, STATE OF NEW JERSEY, and
all other work in connection with and incidental thereto, complete in
place according to the Plans and Specifications for which bids were
advertised to be received
on April 21, 2026 at 10:00 a.m., or as soon thereafter
and having examined the Notice to Bidders, Instruction to Bidders,
Bonds, Plans, and Specifications on file in the Office of the Clerk in the
Municipal Building, as well as the advertisement for bids and the site of
work, will contract to do all the work and furnish all materials
mentioned in the said Plans and Specifications for the entire project, in
the manner prescribed therein, or as amended or modified in the
Instructions to Bidders for the Unit Prices as provided on the following
pages:
ITEMIZED BID
HAWORTH SWIM CLUB POOL PAINTING
ITEM NO.
ESTIMATED
QUANTITY
UNIT ITEM
UNIT PRICE EXTENDED IN AMOUNT IN
DOLLARS/CENTS DOLLARS/CENTS
Item
No.
Est.
Qty
Unit Item
Unit Price
in Dollars
and Cents
Extended
Amount in
Dollars/Cent
s
1
1 L.S
.
POOL
PREPARATION
(EMPTY AND
WASH)
per section 670
2
1 L.S
.
POOL REPAIR
AND PAINT
SCRAPING
per section 670
3
1 L.S
.
POOL PAINTING
INCLUDING
RACING
STRIPES, DEPTH
DESIGNATIONS
AND POOL
SAFETY
SIGNAGE
per section 670
BASE BID
TOTAL CONTRACT BID IN DOLLARS AND CENTS (Please Print):
__________________________________________________________
__________________________________________________________
TOTAL CONTRACT BID IN WORDS (Please Print):
__________________________________________________________
__________________________________________________________
_____________________________________________________
Note: The award of this Contract shall be based on the total of the Bid
items to the lowest responsive and responsible bidder.
NON-COLLUSION AFFIDAVIT
STATE OF NEW JERSEY)
S.S.: COUNTY OF BERGEN )
I, _____________________________of the City of
_________________ in the County of ____________________, and in
the State of ___________________, of full age being duly sworn
according to law upon my oath depose and say that:
I am
__________________________________________________________
(Name)
of the firm of
__________________________________________________________
(Firm)
the bidder making the proposal for the above named project, and that I
executed the said proposal with full authority so to do; 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 in this affidavit are
true and correct, and made with full knowledge that the Borough of
Haworth, New Jersey, relies upon the truth of the statements contained
in said Proposal 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 and agreement or
understanding for a commission, percentage, brokerage or contingent
fee, except bona fide employees of bona fide established commercial or
selling agencies maintained by
__________________________________________________________
(Name of Contractor)
Subscribed and sworn to
__________________________________________________
(Also type or print name of affiant under signature)
before me this _____________ day of ____________
__________________________________________________
Notary Public
My commission expires _________________
BID GUARANTEE
Accompanying this Proposal is a:
Certified Check _____________ made payable to the Borough of
Haworth, NJ
or
Cashier's Check _____________
or
Bid Bond _____________ acceptable to the Borough of Haworth, NJ
for the sum of ten percent (10%) (not to exceed $ 20,000.00 or less than
$ 500.00) of the amount of the base bid plus all alternates, namely
__________________________________________________________
($_______________________________)
which I hereby agree to be forfeited as liquidated damages, and not a
penalty, in case this Proposal, including all alternates, in the sum of
__________________________________________________________
($_______________________________)
is found to be the lowest submitted in the manner required and is
accepted by the Borough of Haworth, New Jersey, New Jersey, and if
the undersigned shall fail to execute a Contract with the Borough of
Haworth under the conditions of this Proposal, and to furnish the
required documents within the time provided therefore; otherwise said
check or bid bond is to be returned to the undersigned.
EXPERIENCE QUESTIONNAIRE
This signatory of this Proposal guarantees the truth and accuracy of all
statements and of all answers to the following questions.
1. How many years have you been in business as a Contractor under
your present business name?
_______________________
2. How many years have you been a principal officer of a general
contracting firm under another name?
_______________________
3. How many incomplete and/or active construction contracts with
governmental agencies does your firm have?
_______________________
4. List a minimum of THREE projects of a similar nature your company
completed and fill out each blank completely.
Name, Address & Phone # of
Name of Owner person in responsible charge as
Amount of Date
of and & Location
reference
Class of work
Contract of
Completion
__________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________
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 Home Address (for Individuals) or
Business 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
Home Address (for Individuals) or
Corresponding Entity Listed PT II
Business 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 <name of
contracting unit> 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 <type of contracting unit>
to notify the <type of contracting unit> 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 <type of contracting unit> to declare any
contract(s) resulting from this certification void and unenforceable.
Full Name (Print):
Title:
Signature:
Date:
AFFIRMATIVE ACTION DATA - P.L. 1975, C.127
(to be completed by firms with less than 50 employees)
STATE OF NEW JERSEY) S.S.: COUNTY OF BERGEN )
I, _____________________________of the (City, Town, Borough)
of _______________________ in the County of___________________
and in the State of ________________________________, of full age
being duly sworn according to law upon my oath depose and say that:
1. I am (President, partner, owner) of the firm of a bidder making a
proposal upon the above- named project.
2.
, does not have 50 employees or more inclusive of
all officers and employees of every type.
3. I am familiar with the affirmative action requirements of P.L. 1975, c.
127 and rules and regulations issued by the Treasurer, State of New
Jersey, pursuant thereto.
4.
, had complied with all the affirmative
action requirements of the State of New Jersey, including those required
by P.L. 1975, c. 127 and the rules and regulations issued by the
Treasurer, State of New Jersey, pursuant thereto.
5. I am aware that if,
does not comply with P.L.
1975, c. 127 and rules and regulations issued pursuant thereto, that no
monies will be paid by the Borough of Haworth, until the affirmative
action plan is approved. I am also aware that the contract may be
terminated and the
may be debarred from all
public contracts for a period of up to five (5) years.
6. In the event my workforce increases to 50 employees, I must contact
the State Affirmative Action Office and complete an Employee
Information Report (Form AA-302), which is to be returned to the
Borough of Haworth.
Subscribed and sworn to before me this
day of
_____________________________ (Seal) Notary Public of New Jersey
___________________________
Signature of Authorized Representative
___________________________
Name and Title
AFFIRMATIVE ACTION DATA - P.L. 1975, C.127
(to be completed by firms with 50 or more employees)
An Employee Information Report (Form AA302) must be completed
and returned to the Borough of Haworth within seven (7) days after
receipt of notification of intent to award contract or receipt of contract,
whichever is sooner. An affirmative action plan approved by the Federal
Government or the New Jersey Affirmative Action Office is an
acceptable alternate. In the space provided below, indicate whether your
firm has met any of the requirements listed above. Indicate the number
of the N.J. Affirmative Action Certificate of Approval in the space
provided.
INDICATE BELOW WHETHER YOU HAVE ANY CRITERIA FOR
COMPLIANCE WITH THE NEW JERSEY AFFIRMATIVE ACTION
REGULA TIONS:
_______ A Federal Certificate of Approval has been received. (Proof of
this will be required at time of award.)
_______A New Jersey Affirmative Action Certificate of Approval has
been received, the number is _____________________. (Proof of this
will be required at time of award.)
**********************************************************
I certify that the above information is correct to the best of my
knowledge.
Firm
Name_____________________________________________________
Signature
______________________________________________________
Title
______________________________________________________
Date
LIST OF SUBCONTRACTORS
The following is the name and address of all subcontractors to whom the
bidder will subcontract the furnishing of any work or operations for this
project.
This includes electrical, mechanical, plumbing, cabinetry, etc.
subcontractors.
Whenever a general contractor’s bid sets forth more than one
subcontractor for a particular specialty trade category, the bidder must
submit to the Borough certificates signed by the bidder listing each
subcontractor named in the bid for that category. The certificate is to set
forth the scope of work for which the subcontractor has submitted a
price quote, and that the general contractor has agreed to award to that
subcontractor if the Borough of Haworth awards the bidder the
underlying contract.
The certificate is to be submitted to the Borough simultaneously with the
bid. The certificate may take the form of a single certificate listing all
subcontractors; alternatively, separate certificates may be submitted for
each subcontractor. If the bidder fails to submit certificates to the
Borough, the Borough must award the contract to the next lowest
responsible bidder.
(If none are to be used, state "none").
DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
[Required pursuant with N.J.S.A. 52-32:55 et seq.]
PART 1: CERTIFICATION
BIDDERS MUST COMPLETE PART 1 BY CHECKING EITHER BOX.
FAILURE TO CHECK ONE OF THE BOXES WILL RENDER THE
PROPOSAL NON- RESPONSIVE.
Pursuant to Public Law 2012, c. 25 (N.J.S.A. 52-32:55 et seq.), any person or entity
(bidder) that submits a bid or proposal of otherwise proposes to enter into or renew a
contract must complete the certification below to attest, under penalty of perjury, that
neither the person or entity, nor any of its parents, subsidiaries, or affiliates, is
identified on the Department of Treasury’s Chapter 25 list as a person or entity
engaging in investment activities in Iran. The Chapter 25 list is found on the
Division’s website at www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf.
Bidders must review this list prior to completing the below certification. Failure to
complete the certification will render a bidder’s proposal non-responsive. If the
contracting unit determines that a bidder submits a false certification, the contracting
until shall report the name of the bidder to the New Jersey Attorney General, whom
shall determine whether to bring a civil action against the person or entity to collect
the penalty described in section 5 of P.L. 2012, c. 2012 (N.J.S.A. 52:32-59.)
PLEASE CHECK NEXT TO APPROPRIATE STATEMENT:
______I certify, pursuant to Public Law 2012, c. 25, that neither the bidder listed
herein nor any of the bidder’s parents, subsidiaries, or affiliates are listed on the New
Jersey Department of Treasury’s list of entities determined to be engaged in prohibited
activities in Iran pursuant to P.L. 2012, c. 25 (“Chapter 25 List”). I further certify that
I am the person listed below, or I am an officer or representative of the entity listed
herein and am authorized to make this certification on its behalf. I will skip Part 2 and
sign and complete the Certification below.
______I am unable to certify as indicated whether the bidder listed herein and/or one
or more of its parents, subsidiaries, or affiliates are listed on the New Jersey
Department Treasury’s Chapter 25 list. I will provide a detailed, accurate and precise
description of the activities in Part 2 below and sign and complete the Certification
below. Failure to provide such will result in the proposal being rendered as non-
responsive and appropriate penalties, fines and/or sanctions will be assess as provided
by law.
PART 2: PLEASE PROVIDE FURTHER INFORMATION RELATED TO
INVESTMENT ACTIVITIES IN IRAN
You must provide a detailed, accurate, and precise description of the activities
of the bidding person/entity, or one of its parents, subsidiaries and/or affiliates,
engaging in investment activities in N.J.S.A. 52:32-56(f) by completing the
boxes below.
Relationship to Bidder:_____________________________________
Description of Activities: ___________________________________
Duration of Engagement:______________________________________
Anticipated Cessation Date:____________________________________
Bidder/Offeror Contact Name:__________________________________
Contract Phone Number _______________________________________
Borough of Haworth
DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN (continued)
[Required pursuant with N.J.S.A. 52-32:55 et seq.]
ADDITIONAL ACTIVITIES/CONTINUATION SHEETS (Select this
if you are including additional activities): If there are additional
activities that require disclosure, please provide the description as
attachments to the form, following the same format under Part 2. Please
number each attachment and affix to this form.
Number of Attachments: _____________________
PART 3: CERTIFICATION
I, being duly sworn upon my oath, hereby represent and state that the
foregoing information and any attachments thereto to the best of my
knowledge are true and complete. I attest that I am authorized to execute
this certification on behalf of the below-referenced person or entity. I
acknowledge that the Borough of Haworth, Bergen County, New Jersey
is relying on the information herein and thereby acknowledge that I am
under a continuing obligation from the date of this certification through
the completion of the contract to notify the contracting unit in writing of
any changes to the answers of information contained herein. I
acknowledge 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
recognize that I am subject to criminal prosecution under the law and
that it will also constitute a material breach of my agreement(s) with the
local contracting unit and that the local contracting unit, at its option,
may declare any existing contract(s) resulting from this certification void
and unenforceable.
Full Name (Print): Signature:
Title:
Date:
Bidder/Vendor:
Bidder/Vendor Phone Number and/or Contact Information:
Attach proof of New Jersey Public Works Contractor Registration for
General and all Subcontractors
Attach Business Registration Certificate issued by the NJ Division of
Revenue for General and all Subcontractors
AFFIRMATIVE ACTION
New Jersey Public Law 1975, Chapter 127 provides that no public
works contract can be awarded nor any monies paid until the prospective
contractor has agreed to contract performance which complies with the
approved Affirmative Action Plan. No contract shall be entered until the
contractor, subcontractor or business firm in question has agreed and
guaranteed to afford equal opportunity in performance of the contract in
accordance with the requirements of the Affirmative Action Regulations
issued pursuant to P. L. 1975, C. 127.
During the performance of the contract, the contractor agrees to conform
to "Exhibit B" which is presented on the pages that follow.
AA-1
(REVISED 9/07)
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
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 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, gender identity or expression, disability, nationality
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 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, where applicable, will send to each
labor union or representative of workers with 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
AA-2
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.
l7:27-7.3. The contractor or subcontractor 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 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 consistent with the applicable county employment
goals:
(l) 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 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
AA-3
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) 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.
(ii) 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.
(iii) 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
AA-4
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
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 l0 of the Administrative Code (NJAC 17:27).
AA-5
APPENDIX A
AMERICANS WITH DISABILITIES ACT OF 1990 Equal Opportunity
for Individuals with Disability
The contractor and the owner (hereafter “owner”) do hereby agree that
the provisions of Title 11 of the Americans With Disabilities Act of
1990 (the “Act”) (42 U.S.C. S121 01 et seq.), which prohibits
discrimination on the basis of disability by public entities in all services,
programs, and activities provided or made available by public entities,
and the rules and regulations promulgated pursuant there unto, are made
a part of this contract. In providing any aid, benefit, or service on behalf
of the owner pursuant to this contract, the contractor agrees that the
performance shall be in strict compliance with the Act. In the event that
the contractor, its agents, servants, employees, or subcontractors violate
or are alleged to have violated the Act during the performance of this
contract, the contractor shall defend the owner in any action or
administrative proceeding commenced pursuant to this Act. The
contractor shall indemnify, protect, and save harmless the owner, its
agents, servants, and employees from and against any and all suits,
claims, losses, demands, or damages, of whatever kind or nature arising
out of or claimed to arise out of the alleged violation. The contractor
shall, at its own expense, appear, defend, and pay any and all charges for
legal services and any and all costs and other expenses arising from such
action or administrative proceeding or incurred in connection therewith.
In any and all complaints brought pursuant to the owner’s grievance
procedure, the contractor agrees to abide by any decision of the owner
which is rendered pursuant to said grievance procedure. If any action or
administrative proceeding results in an award of damages against the
owner, or if the owner incurs any expense to cure a violation of the ADA
which has been brought pursuant to its grievance procedure, the
contractor shall satisfy and discharge the same at its own expense. The
owner shall, as soon as practicable after a claim has been made against
it, give written notice thereof to the contractor along with full and
complete particulars of the claim. If any action or administrative
proceeding is brought against the owner or any of its agents, servants,
and employees, the owner shall expeditiously forward or have forwarded
to the contractor every demand, complaint, notice, summons, pleading,
or other process received by the owner or its representatives.
It is expressly agreed and understood that any approval by the owner of
the services provided by the contractor pursuant to this contract will not
relieve the contractor of the obligation to comply with the Act and to
defend, indemnify, protect, and save harmless the owner pursuant to this
paragraph.
It is further agreed and understood that the owner assumes no obligation
to indemnify or save harmless the contractor, its agents, servants,
employees and subcontractors for any claim which may arise out of their
performance of this Agreement. Furthermore, the contractor expressly
understands and agrees that the provisions in 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.
AA-6
SUPPLEMENTARY SPECIFICATIONS
HAWORTH SWIM CLUB POOL PAINTING BOROUGH
OF HAWORTH, COUNTY OF BERGEN, NJ
The 2019 Standard Specifications for Road and Bridge
Construction and current State Aid Supplemental Specifications of
the New Jersey Department of Transportation and as amended
herein, shall govern the construction of this project.
SPECIAL PROVISIONS AUTHORIZATION OF CONTRACT
The Contract for this project is authorized by the provisions of local public contracts
law, NJSA 40A: 11-1 et seq.
SPECIFICATIONS AND DRAWINGS TO BE USED
The 2019 Standard Specifications for Road and Bridge Construction, of the New
Jersey Department of Transportation (Department) as amended herein will govern the
construction of this Project and the execution of the Contract.
The Division, Sections, and Subsections of the Standard Specifications which follow
are supplemented by, or changed to the requirements of the Borough. When there is a
discrepancy between the Standard Specifications and the foregoing amendments, the
more stringent shall apply. Where there is a discrepancy between the Standard and
Supplementary Specifications (Special Provisions) and the Contract Plans, the
Contract Plans shall govern.
These Special Provisions consist of the following: Pages S1 to S22 inclusive.
WAGE RATES
The contractor shall pay the minimum wage rates determined by the New Jersey
Department of Labor.
State wage rates may be obtained from the New Jersey Department of Labor &
Workforce Development (Telephone: 609-292-2259) or by accessing the Department
of Labor & Workforce Development’s web site at
http://lwd.dol.state.nj.us/labor/wagehour/wagehour_index.html The State wage rates
in effect at the time of award are part of this Contract, pursuant to Chapter 150, Laws
of 1963 (NJSA 34:11-56.25, et seq.).
If an employee of the Contractor or subcontractor has been paid a rate of wages less
than the prevailing wage, the Owner may suspend the Work, and declare the
Contractor in default.
All Public Works Contractors and Subcontractors shall submit two (2) copies of a
certified payroll record, in a form satisfactory to the NJ Dept. of Labor, to the R.E. for
each payroll period within ten (10) days of the payment of wages as provided in
NJAC 12:60-6.1(c). Non-compliance by the Contractor may be cause for delaying
and/or withholding payment for work performed pending corrective action by the
Contractor to the satisfaction of the R.E. Failure to pay employees engaged in Public
Work at the minimum wage rates determined by the NJ Dept. of Labor can result in
suspension or debarment of the Contractor.
In the event it is found that any employee of the Contractor or any Subcontractor
covered by the Contract, has been paid a rate of wages less than the minimum wage
required to be paid by the Contract, the contracting agency may terminate the
contractor's or subcontractor's right to proceed with the work, or such part of the
work, as to which there has been a failure to pay required wages and to prosecute the
work to completion or otherwise. The Contractor and his sureties shall be liable to the
contracting agency for any excess costs occasioned thereby.
S-1
GENERAL
All contract awards shall be made subject to the approval of the New Jersey
Department of Transportation. No construction shall start before approval of said
contract award by the New Jersey Department of Transportation. Prior to the start of
construction the contractor must submit a Material Questionnaire (SA-11) listing all
sources of materials. Any materials used on the project from a non-approved New
Jersey Department of Transportation source will be considered non-participating. The
contractor is also notified that the District Office, Division of Local Aid and
Economic Development must be notified of the construction commencement date at
least three (3) calendar days prior to the start of construction.
Award of contract and subletting will not be permitted to, materials will not be
permitted from, and use of equipment will not be permitted that is owned and/or
operated by, firms and individuals included in the report of suspensions, debarments
and disqualifications of firms and individuals as maintained by the Department of the
Treasury, Division of Purchase & Property, Contract Compliance & Administration,
Trenton NJ 08625 (609-292-5400).
Payment for a pay item in the proposal includes all the compensation that will be
made for the work of that item as described in the contract documents unless the
"measurement and payment" clause provides that certain work essential to that item
will be paid for under another pay item.
Whenever any section, subsection, subpart or subheading is amended by such terms as
changed to, deleted or added it is construed to mean that it amends that section,
subsection, subpart or subheading of the 2019 Standard Specifications unless
otherwise noted.
Whenever reference to page number is made, it is construed to refer to the 2019
Standard Specifications unless otherwise noted.
Henceforth in this supplementary specification whenever reference to the State,
Department, ME, RE or Inspector is made, it is construed to mean the particular
municipality or county executing this contract.
Whenever reference to Title 27 is made, it is construed to mean Title 40.
Any additional project specific attachments are found at the end of these Special
Provisions:
MATERIALS
Prior to the start of construction, the contractor must submit a Material Questionnaire
(SA-11) listing all sources of materials. Any materials used on the project from a non-
approved New Jersey Department of Transportation source will be considered non-
participating.
Materials or assemblies as specified will be accepted on the basis of Certificates of
Compliance stating that such materials or assemblies fully comply with the
requirements of the Contract.
Materials or assemblies used on the basis of Certificate of Compliance may be
sampled an tested at any time and if found not to be in conformity with the Contract
requirements will be subject to rejection whether in place or not. The Contractor shall
require the manufacturer of supplier to furnish three (3) copies of Certificates of
Compliance with each delivery of materials, components, and manufactured items that
are acceptable by certification. One copy shall be furnished to the R.E., one copy shall
be furnished to the New Jersey Department of Transportation District Office, Division
of Local Government Services and Economic Development, and one copy shall be
retained by the Contractor.
Certificates of Compliance shall contain the following:
1.
Project and location to which the material is consigned.
2.
Name of Contractor to which the material is supplied.
3.
Kind and Quantity of Material Supplied and represented by the Certificate.
4.
Means of identifying the consignment, such as label marking, seal number, etc.
5.
Date and method of shipment.
S-2
6.
Statement that the materials has been tested and found in conformity with the
pertinent Contract requirements stated in the Certificate.
7.
Signature of a person having legal authority to bin the supplier.
8.
Signature attesting to a Notary Public or other properly authorized person.
Payments relative to materials specified to be accepted on the basis of Certificates of
Compliance shall not be made until the R.E. has in his possession an acceptable
Certificate of Compliance.
FOREIGN MATERIALS
The Contractor’s attention is directed to all existing Federal and State statutes and
regulations which prohibit on any Public Work, the use of materials produced or
manufactured outside of the United States of America. Exceptions to this prohibition,
upon the findings of the R.E., are allowed only where such enforcement would be
inconsistent with public interest or where the materials is not produced or
manufactured in the United States in commercial quantities and of sufficient quality.
This contract requires that all materials are not foreign made.
If the R.E. finds that in performance of the Contract there has been a failure to comply
with the provisions relative to foreign materials, the R.E. shall make public such
findings and no other Contract for the construction of any Public Work by this
contracting agent shall be awarded to such Contractor, or to any Partnership,
Association, or Corporation, with which such Contractor is associated or affiliated,
within a period of three (3) years after such findings is made public.
When the use of foreign material is allowed by the R.E. such material shall be
furnished in accordance with the following requirements:
1.
Materials manufactured or produced outside the United State shall be delivered
to a location, approved by the R.E., where they shall be retained until
examination can be completed.
2.
The Contractor shall arrange, at his expanse, any testing which the R.E. feels
necessary to ascertain the acceptability of the material.
3.
Each lot of foreign material shall be accompanied by a Certificate of
Compliance. In addition, certified mill test reports shall be attached to the
Certificate of Compliance for those materials for which mill test reports are
required and shall clearly identify the lot to which they apply. Certificates of
Compliance shall contain the information as previously described above.
On project utilizing Federal funds, the Contractor’s particular attention is directed to
the Federal Statues and regulations which establish the “Buy American” requirements
applicable to the project. The Contractor must comply with these requirements in
addition to those provided under applicable State Law.
DIVISION 100 – GENERAL PROVISIONS
SECTION 101 – GENERAL INFORMATION
101.01 INRODUCTION
ADD THE FOLLOWING:
Whenever any section, subsection, subpart or subheading is amend by such terms as
changed to, deleted, or added, it is construed to mean that it amends that section,
subsection, subpart, or subheading of the New Jersey Department of Transportation
2019 edition of the “Standard Specifications for Road and Bridge Construction” or
“Standard Specifications” or “Specifications.”
Whenever any reference to a page number is made, it is construed to refer to the 2019
“Standard Specifications.”
Worker and community right-to-know: 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 to the Owner to assure that every
container bears a proper Libel 315 “Worker and Community Right to Know Act,”
Subsection B, Section 14. Furthermore, all applicable Material Safety Data Sheets
(MSDS), also known as a hazardous substance fact sheet, must be furnished to the
Owner.
S-3
101.02 – ABBEVIATIONS
The following abbreviations are added:
A.O.B.E. I. & W.D. S.H.P.O.
101.03 TERMS
As Ordered By the Resident Engineer (R.E.) If & Where Directed by the R.E.
The N.J. State Historic Preservation Officer
THE FOLLOWING TERM IS ADDED:
Full Traffic Access. All work is complete to allow safe unencumbered use of the final
paved portion of roadway throughout the project including but not limited to striping,
RPMs, rumble strips, highway lighting, and traffic signals as determined by the RE.
THE FOLLOWING TERMS ARE CHANGED.
Completion.
(3) IS CHANGED TO:
3. The Contractor has satisfactorily executed and delivered to the RE all documents,
including federal form FHWA-47 “Contractor’s Statement of Materials and Labor”
according to 23CFR 635, certifications, and proofs of compliance required by the
Contract Documents, it being understood that the satisfactory execution and delivery
of documents, certificates, and proofs of compliance is a requirement of the Contract.
pavement structure. The combination of pavement, base courses, and when specified,
a subbase course, placed on a subgrade to support the traffic load and distribute it to
the roadbed (see Figure 101-1). These various courses are defined as follows:
pavement. One or more layers of specified material of designed thickness at the top of
the pavement structure. base course. One or more layers of specified material of
designed thickness placed on the subgrade or subbase. subbase. One or more layers of
specified material of designed thickness placed on the subgrade.
Commissioner. The term “Commissioner” means the Mayor of the municipality when
the Contract is to be executed by a municipality, either as created by law, acting or
through his duly authorized representatives, such representative acting within the
scope of the particular duties delegated to them.
Department. The term “Department” means the Owner where the Contract is to be
executed.
Department Laboratory. The term “Department Laboratory” means the testing
laboratory retained by the Owner,
or as the Owner may designate.
Engineer. The term “Engineer” means the Owner’s Engineer, acting directly or
through his duly authorized representatives, such representatives acting within the
scope of the particular duties delegated to them.
Owner. The entity issuing the contract.
R.E. The abbreviation “R.E” means the Owner’s field representative having direct
supervision of the
administration of the Contract as designed by the Engineer.
Existing Plans, As-Built Plans, Permits and Certifications:
Existing plans and as-built drawings if any, and complete permit
applications/approvals if any are available for inspection at the above location during
normal business hours.
The project area is available for inspection, investigations, or testing at any time. All
testing shall be approved by the Municipal Engineer in writing at least 72 hours before
such tests can be scheduled. All costs for uniformed traffic directors and repairs to the
project area/bridge due to field investigations or studies shall be borne by the
Contractor conducting such tests. The Owner makes no representations as to the
condition or sufficiency of the existing project area, bridges, or structures.
SECTION 102 – BIDDING REQUIREMENTS AND CONDITIONS
102.01 QUALIFICATION TO BID
THE FIRST PARAGRAPH IS CHANGED TO:
The Bidder is an individual, firm, or corporation submitting a bid for the advertised
Work. The Department will not accept bids from Bidders who fail to meet all of the
following criteria:
1.
The Bidder has been prequalified according to regulations covering the
Classification of Prospective Bidders as required by N.J.S.A. 27:7-35.1, et seq.
2.
Before the receipt of the bid or accompanying the bid, the Bidder has disclosed
ownership as required by N.J.S.A. 52:25-24.2.
3.
At the time the bid is delivered, the Bidder has an effective maximum and
project ratings of not less than the amount of its bid.
4.
If the Bidder is a corporation not incorporated in the State, the Bidder has been
authorized to do business in the State as required by N.J.S.A. 14A:15-2, et seq.
5.
For wholly State Funded Projects, the Bidder has a valid, current registration
with the New Jersey Department of Labor, Division of Wage and Hour
Compliance as required by “Public Works Contractor Registration Act,”
N.J.S.A. 34:11-56.48, et seq.
THE FOLLOWING IS ADDED:
For all projects funded, in whole or in part, out of funds from the Local Aid program,
each bidder on a construction contract valued at more than $5,000,000 shall be
prequalified by the New Jersey Department of Transportation.
S-5
102.04 EXAMINATION OF CONTRACT AND PROJECT LIMITS
ADD THE FOLLOWING TO THE THIRD PARAGRAPH:
Such inspection of records shall be made at the Borough of Haworth Borough Hall,
300 Haworth Avenue, Haworth, NJ.
102.07 PREPARATION OF THE BID
The first two sentences of the first paragraph and last two paragraphs in this
subsection referencing computer software for preparation of the proposal are deleted.
Software to prepare the proposal is not available for this contract.
THE FOLLOWING IS ADDED TO THIS SUBSECTION:
Proposals shall be submitted on the “Form of Proposal” furnished by the Owner and
shall be properly completed and executed. The Bidders shall state in the form of the
proposal, in word and figures, the price per unit or measure for each scheduled item of
work for which he will agree to carry out the work, the products of the respective
estimated quantities and the unit prices therefore, and the total price for the
performance of the project obtained by summing the amounts of the bid items. All
words and figures shall be typed or written (printed) in ink. For the purpose of
comparison of the bids received by the Owner, the total price as correctly determined
from the estimated quantities listed in the proposal and the prices per unit of measure
bid respectively therefore, will be considered to be the amount bid for the project, and
award will be made on the correct total price.
102.09 PROPOSAL BOND
ADD THE FOLLOWING TO THE FIRST PARAGRAPH:
The Proposal when submitted shall be accompanied by the two Proposal Guarantees
as follows:
•
A Certified Check or Cashiers Check made payable to the order of the
Municipality(Chapter189 of the Laws of 1974, effected December 24, 1974),
acceptable to the Municipality for a sum not less than ten percent (10%) of the
Total Contract Price, except that the Amount in any case need not exceed
$20,000 and shall not be less than $500.00.
•
A Certificate from a surety company acceptable to the Municipality that
such surety will provide the Bidder with a Performance Bond, as is required in
these Specifications.
•
102.10 SUBMISSION OF THE BID
THE SECOND PARAGRAPH IS CHANGED TO:
The Bidder shall ensure delivery of its bid with all required components and
attachments, including, but not limited to the following:
1.
Schedule of Items.
2.
Proposal Electronic Bidding File with Bidder’s Certification.
3.
For wholly State Funded contracts, acknowledgement of
compliance with the registrations specified in 102.01.
4.
Proposal Bond form.
5.
Other related documents as specified in the Contract.
6.
For Federal Aid Projects exceeding a bid amount of $100,000 or
more, Bidder shall certify to the Byrd
Anti-Lobbying Act requirements under 31 USC 1352.
7.
Certification of Non-Involvement in Prohibitive Activities in
Russia or Belarus Pursuant to N.J.S.A. 52:32-
60.1. In accordance with legislation, N.J.S.A. 52:32-60.1 enacted to
require contractor on public works projects to sign a certification that
they are not engaged in prohibited activities in Russia or Belarus except
as permitted by federal law. If the Bidder certified that they engaged in
activities prohibited by N.J.S.A. 52:32-60.1, the
S-6
Bidder shall have 90 days to cease engaging in any prohibited activities and on or
before the 90th day after the certification, shall provide an updated certification. If the
Bidder does not provide the updated certification or at that time cannot certify on
behalf of the entity that it is not engaged in prohibited activities, the Department shall
not award the Bidder any contracts, renew any contracts, and shall be required to
terminate any contract(s) the person or entity holds with the Department that were
issued on or after the effective date of N.J.S.A. 52:32- 60.1.
THE FOLLOWING IS ADDED AT THE END OF THE SUBSECTION:
By submitting its bid to the Department, the Bidder warrants that no person or selling
agency has been employed or retained by the Bidder to solicit or secure such Contract
upon an agreement or understanding for a commission, percentage, brokerage or
contingent fee, except bona fide employees or bona fide established commercial or
selling agencies maintained by the Bidder for the purpose of securing business, for the
breach or violation of which warranty the Department shall have the right to annul
such Contract without liability or in its discretion to deduct from the contract price or
consideration the full amount of such commission, percentage, brokerage or
contingent fee as required by N.J.S.A. 52:34-15.
102.13.01 BIDDER PRE-AWARD REQUIREMENTS
A. Federal Aid Projects
This section intentionally left blank.
THE FOLLOWING IS ADDED IN PART B:
B. State Funded Projects
2. Compliance with N.J.S.A. 19:44A-20.13, et seq. The Department will verify the
certification status of the bidder with the State Chapter 51 Review Unit. If the bidder
is NOT within an approved 2 year period, then a completed and signed Two-Year
Vendor Certification and Disclosure forms must be submitted to the Department.
PART C IS CHANGED TO:
C.
All Projects. Prior to the time of contract award:
1.
Submit proof of business registration with the Division of Revenue and
Enterprise Services in the New Jersey Department of Treasury as required by
N.J.S.A. 52:32-44. Information on how a business can register and obtain proof
of business registration can be accessed on the internet at www.nj.gov/njbgs.
2.
On the Disclosure of Investment Activities in Iran (Form DC-16) provided by
the Department, certify pursuant to N.J.S.A. 52:32-58, that neither the Bidder,
nor one of its parents, subsidiaries, and affiliates (as defined in N.J.S.A. 52:32-
56(e)(3)), is listed on the Department of the Treasury's List of Persons or
Entities Engaging in Prohibited Investment Activities in Iran and that neither is
involved in any of the investment activities set forth in N.J.S.A. 52:32-56(f). If
the Bidder is unable to certify, the Bidder shall provide a detailed and precise
description of such activities to the Department.
THE FOLLOWING IS ADDED IN PART C:
3.
3. On the "Certification of Non-Debarment Form" provided by the Department,
certify pursuant to N.J.S.A. 52:32-44.1, that neither the Bidder, nor its affiliates
are debarred at the federal level from contracting with a federal government
agency. The Department shall not make, negotiate, or award a contract to any
bidder that does not provide the above certification. Instructions on submitting
the form may be found on the Department's Electronic Bidding website and the
Department's website. In addition, all Bidders must register with the federal
System for Award Management (SAM) prior to contract award. ln order to
comply with this requirement, Bidders must register in SAM at
https://www.sam.gov and the Department will verify the successful Bidder's
registration in SAM prior to contract award.
S-7
102.15 DISQUALIFICATION OF BIDDERS
THE FOLLOWING IS ADDED TO THE SECOND PARAGRAPH:
16. If the bidder is Federally debarred pursuant to N.J.S.A. 52:32-44.1.
102.16 REJECTION OF ALL BIDS
THIS SUBSECTION IS CHANGED TO:
The Municipality reserves the right to reject any and all proposal as it is deemed to do
so in the best interest of the Municipality.
SECTION 103 – AWARD AND EXECUTION OF CONTRACT
103.01 AWARD OF CONTRACT
THIS SUBSECTION IS CHANGED TO:
The Municipality will award a contract to the lowest responsible Bidder whose bid
conforms in all respects to the requirements set forth in the Contract. The
Municipality will award the Contract or reject all bids within 60 business days of
receipt thereof.
103.04 EXECUTION OF THE CONTRACT
THE FIRST PARAGRAPH IS CHANGED TO:
Within 5 days of the date of Award or Conditional Award, the Bidder shall properly
and duly execute the Contract and deliver to the Department the following:
1.
If escrowing bid documents, the custody agreement as specified in 103.05.
2.
Performance bond and payment bond as specified in 151.03.01.
3.
Request for Authorization Form for the New Jersey Pollutant Discharge
Elimination System 5G3 – Construction
Activity Stormwater General Permit (NJG0088323) when required as shown on
the Plans.
4.
Proof of the registrations specified in 102.01 for the Department of Treasury
and the Department of Labor.
5.
If the case of non-resident Bidders, the completed form regarding
“Appointment of Agent” for compliance with
N.J.S.A. 14A:15-2, et seq.
ADD THE FOLLOWING:
Within 5 State business days of the date of Award or Conditional Award of the
contract by the Municipality, the Bidder to whom the Contract has been awarded shall
complete and deliver a Performance and Payment Bond.
The Performance and Payment Bonds shall be in the sum of not less than the Total
Contract Price of the scope of work for the project. The Performance and Payment
Bonds shall be maintained by the Contactor until project acceptance.
In the event of insolvency of the surety or if the Performance Bond and Payment
Bond have not been properly authorized or issued by the surety company, the
Contractor shall forthwith furnish and maintain as above provided, other surety
satisfactory to the Municipality.
The cost of the Performance, Payment, and Maintenance bonds shall be included in all
other items of the contract unless specific pay items have been provided for in the
Proposal to cover such costs.
The Contracts shall be executed by the successful Bidder and returned, together with
the Performance, Payment, and Maintenance Bonds within five (5) State business
days of the date of Award or Conditional Award. The Contractor shall
S-8
proceed with the work under the executed contract(s). The Contracts are not effective
until they are fully executed by the Municipality.
For every appropriate Public Works Contract which is subject to bidding in
accordance with N.J.S.A. 40A:11-1, et seq., and which is undertaken by the
Municipality, each successful Bidder and all levels of subcontractor, as a condition of
being awarded a Contract or Subcontract, shall agree to enter into and abide by the
provisions of a Project Agreement with applicable AFL-CIO Building Trade
Council(s) which Agreement shall include a procedure for resolution of grievances
and jurisdictional disputes and the elimination of strikes, work stoppages, and
lockouts. Each successful Bidder and any all Subcontractor shall be bound by the
provisions of the Project Agreement in the same manner as any other provisions of the
Contract.
104.03.03 TYPES OF CHANGES
THIS SUBSECTION IS CHANGED TO:
SECTION 104 – SCOPE OF WORK
Differing Site Condition
The law defines “differing site conditions” as the physical conditions at the contract
work site that are subsurface or otherwise concealed and which differ materially from
those indicated in the contract documents or are of such an unusual nature that the
conditions differ materially from those ordinarily encountered and generally
recognized as inherent in the work of the character provided for in the contract.
•
If the contractor encounters differing site conditions during the progress
of the contract work, the contractor must promptly provide written notification
to the contracting unit of the specific differing site conditions encountered
before the site is further disturbed and before any additional work is performed
in the impacted area.
•
Upon receipt of differing site conditions written notice or upon the
contracting unit otherwise learning of differing site conditions, the contracting
unit must promptly undertake an investigation to determine whether differing
site conditions are present.
•
If the contracting unit determines that different site conditions may
result in additional cost or delays, the contracting unit shall provide prompt
written notification to the contractor containing directions on how to proceed.
•
The contracting unit must 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.
•
If both parties agree to the contracting unit’s investigation and
directions decrease the contractor’s costs or time, the contracting unit is entitled
to fair and equitable downward adjustment to the contract and price.
•
If the contracting unit determines that there are no differing site
conditions present that would result in additional costs or delays, the
contracting unit must notify the contractor, in writing, and the contractor must
resume performance of the contract, and 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.
Contract execution by the contractor constitutes 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.
Suspension of Work
•
The contracting unit must provide advance written notice to the
contractor 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 must 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.
S-9
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 therefor.
Upon receipt of the contractor’s suspension of work notice, the contracting unit
must promptly evaluate the contractor’s notice and promptly advise, in writing, the
contractor of its determination on how to proceed.
•
If the contracting unit determines that the contractor is entitled to
additional compensation or time, the contracting unit must 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 is 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 will
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.
Change in Character of Work
The law defines “material change” as 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.
•
If the contractor believes that a change directive by the contracting unit
results in a material change to the contract work, the contractor must notify the
contracting unit in writing. The contractor must continue to perform all work
on the project that is not the subject of the notice.
•
Upon receipt of the contractor’s change in character notice 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 must 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 must continue the performance
of all contract work and is entitled to pursue a claim against the contracting unit
for additional compensation or time attributable to the alleged material change.
Change in Quantity
The law defines “bid proposal quantity” as the quantity indicated in the bid
proposal less the quantities designated in the project plans as “if and where
directed.”
Contracting unit may increase or decrease the quantity of work to be
performed by the contractor.
•
If the quantity of a pay item:
•
Is cumulatively increased or decreased by 20% or less from the bid
proposal quantity, the quantity change is considered a minor change in
quantity.
•
The contracting unit must make payment for the quantity of the pay item
performed at the bid price for the pay item.
•
Is cumulatively increased or decreased by more than 20% from the bid
proposal quantity, the quantity change is considered a major change in
quantity.
For major increase:
The contracting unit or the contractor may request to renegotiate the price for the
quantity in excess of 120% of the bid proposal.
If mutual agreement cannot be reached the contracting unit must pay the actual
cost plus an additional 10% for overhead and additional 10% for profit.
For major decrease:
The contracting unit or the contractor may request to renegotiate the price for the
quantity of work performed.
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If mutual agreement cannot be reached the contracting unit must pay the actual
cost plus an additional 10% for overhead and additional 10% for profit. Provided that
the contracting unit does not make a payment in an amount that exceeds 80% of the
value of the bid price multiplied by the bid proposal quantity.
SECTION 105 – CONTROL OF WORK 105.01 AUTHORITY OF THE
DEPARTMENT
105.01.01 RE
REVISE THE SECOND PARAGRAPH TO:
Unless otherwise specified, send correspondence with the Department to the RE.
Where correspondence is specified to be directed to persons other than the RE, send a
copy to the RE. Ensure that correspondence complies with the following:
1.
Assign every correspondence sent to the Department a unique correspondence
serial number in the subject line, numbered sequentially beginning with
Contractor Correspondence No. 1.
2.
If the correspondence includes a request for information or asks for an
interpretation of the Contract, also assign a unique RFI serial number in the
subject line numbered sequentially beginning with RFI-1.
3.
If the correspondence constitutes a notice of change, assign a unique change
notice serial number in the subject line numbered sequentially beginning with
Change Notice No. 1. For subsequent correspondence referring to a change
notice or to the events that are the subject of a previous change notice, refer in
the subject line to the original change notice number.
105.03 CONFORMITY WITH THE CONTRACT
REVISE THE FIRST SENTENCE OF THE FIRST PARAGRAPH TO: In the event
the Contractor discovers a discrepancy, error, omission, or ambiguity in the Contract,
or if the Contractor has any doubt or question as to the intent or meaning of the
Contract, the Contractor must immediately notify the RE at the time of the Pre-
Construction conference but no later than commencing work.
REVISE THE FOURTH SENTENCE OF THE SIXTH PARAGRAPH TO: If the
Department loses funding for the nonconforming work, on the basis of permitting
nonconforming work to remain, the Department will not pay for the work permitted to
remain in place.
105.04 PLANS AND SPECIFICATIONS
ADD THE FOLLOWING:
Contract documents will be furnished upon request at the advertised cost of the
proposal. After Award and Execution of the Contract, the Contractor may request up
to three sets of documents at no charge.
The “Standard Specifications” used for this contract may be obtained from the New
Jersey Department of Transportation, Engineering Documents Unit E & O Building,
1
st Floor, 1035 Parkway Avenue, PO Box 600, Trenton, NJ 08625 telephone no. 609-
530-5587 or at no cost electronically at the website
http://www.state.nj.us/transportation.
COOPERATION WITH OTHERS
THIS SUBSECTION IS SUPPLEMENTED AS FOLLOWS:
The Contractor shall be conclusively presumed to be acquainted with all existing
conditions and to guarantee that all work materials and equipment shall, upon final
completion of the Work, be turned over to the Owner in a complete and perfect
condition. The Contractor shall be responsible for the proper care, maintenance and
protection of all work, materials and equipment, until the entire Contract is completed
and all work, materials, and equipment are found in good condition and accepted. The
Contractor shall be responsible for the entire Work until completed and accepted by
the Engineer and the Owner.
The Contractor shall, at all times, provide the Owner, the Engineer, assistants and
inspectors under him, and all state and federal agencies having jurisdiction, with
necessary facilities for determining both on the work and at the places of manufacture,
that all work being performed and all materials and equipment being manufactured are
strictly in accordance with the Contract Documents. A seven day notification in
writing, stipulating the time and place where the manufacturing is to be done, shall be
given the Engineer prior to the commencement of manufacture of any materials and
equipment, in order that a representative of the Owner may be present, if so desired, to
observe and inspect the operations.
Until acceptance of the Work by the Owner, the Contractor shall be responsible for all
damage to the Work, including action of the elements and all other causes. The
Contractor shall continuously and adequately protect the Work against damage from
any cause.
If proper provision for the carrying out of this stipulation is not made, then the
Contractor shall be held responsible for the execution of such orders and instructions
as the Engineer may deem necessary to given to any foremen or other employee about
the Work, and the engineer may order the Work stopped until a duly authorized
representative of the Contractor appears and receives his instructions. No claim for
damages or any extension of time in which to complete the Work by reason of such
delay will be allowed the Contractor.
Whenever the Engineer informs the Contractor or his representatives in charge that
any man on the Work is incompetent or disorderly, or is working contrary to the
Specifications or the instructions of the Engineer, or that the Engineer knows that the
man has been incompetent or disorderly on this or any previous work, or is
objectionable, that man shall thereupon be immediately dismissed from the job and
shall not be given employment on any work connected with the Contract.
105.07 COOPERATION WITH UTILITIES
ADD THE FOLLOWING:
The Contractor shall provide the R.E. with emergency telephone numbers for the
designated Superintendent and his alternate(s) for use in the event of any emergency
identified at the Project site by the R.E., local police, or local municipality, which may
arise on the Project site during non-working hours. If the R.E. cannot contact the
Contractor or his designee, or the Contractor does not arrive on the Project site within
2 hours of telephone notification by the Municipality, the Municipality reserves the
right to take corrective action deemed necessary by the R.E. to remedy emergency
conditions or situations. The Contractor shall pay the Municipality liquidated damages
in the amount of $350.00 for each incident plus all costs incurred used to respond to
the emergency. The Municipality will recover these costs by deducting the amount
from any monies due the Contractor, or his surety.
105.07.01 Work in the Vicinity of Utilities
ADD THE FOLLOWING:
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A. Initial Notice
The following providers are known to have utility services on the project:
1. Public Service - Gas Company Bruce Broskie, Layout Supervisor Public Service
Electric & Gas 240 Kuller Road
Clifton, NJ 07011
973-365-5332
2. PSEG – Electric
Electric Business Unit
Palisades Division, Distribution Systems Electric Business Unit
325 County Avenue
Secaucus, NJ 07094
4.
Verizon Carlos Cruz
114 Paterson Street, Floor 3 Paterson, NJ 07501
5.
Cablevision of New Jersey, Inc. Dennis Haney
40 Potash Road Oakland, NJ 07436
201-330-6523
973-925-2056
201-569-3720
5.
Borough of Haworth Police Department
Chief Michael Gracey
380 Haworth Avenue
Haworth, NJ 07642 201- 384-1900
6.
Haworth Department of Public Works
Tommy Runge, DPW Superintendent
7.
Veolia – Water Supply
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It is also agreed that the Contractor has considered in the Bid Proposal allowances for
the fact that additional compensation will not be made for any delays, inconveniences,
or damages sustained by the Contractor due to any interference from utility providers
or operations in moving or failure to move utility facilities. Furthermore, the
Contractor will not receive any additional; compensation for the utility work to be
performed by the Contractor’s forces, or be reimbursed for changes by the utility
providers for the relocation/de-energization work. The costs for all utility work are
included in the various bid items in the Bidder’s proposal.
SECTION 106 – CONTROL OF MATERIAL
THE SECTION HEADING IS CHANGED TO:
SECTION 106 – CONTROL OF MATERIAL AND EQUIPMENT
106.01 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS
THE FIRST PARAGRAPH IS CHANGED TO:
Ensure that materials furnished for the Project are new, unless otherwise specified in
the Contract. Comply with 2 CFR 200.323 – Procurement of recovered materials,
ensuring that materials furnished for the Project contain, “the highest percentage of
recovered materials practicable,” where the purchase price of the covered item listed
exceeds $10,000. Use materials that conform to the requirements of the Contract.
When required by the Contract, use only products and suppliers listed on the QPL.
Use sources of materials that have been approved by the Department on a Materials
Questionnaire as specified in 106.04.
THE FOLLOWING IS ADDED TO THE END OF THE SUBSECTION:
For telecommunication and video surveillance services or equipment a certification is
required to confirm that the telecommunication and video surveillance services or
equipment are not from companies as listed in 2 CFR 200.216. Ensure that the
certification includes the statement that all telecommunication and video surveillance
services or equipment proposed in this project are not produced by companies as
listed in 2 CFR 200.216.
106.03 FOREIGN MATERIALS
THE SUBSECTION HEADING IS CHANGED TO:
106.03 FOREIGN MATERIALS AND EQUIPMENT 1. Wholly State Funded
Projects
THE ENTIRE TEXT IS CHANGED TO:
Due to the requirements of MAP-21 (Moving Ahead for Progress in the 21st Century
Act), comply with the Federal Aid Project requirements specified under Subpart 2.
2. Federal Aid Projects.
THE FOLLOWING IS ADDED:
Comply with the Infrastructure Investment and Jobs Act (“IIJA”), Pub. L. No. 117-58,
which includes the Build America, Buy America Act (“the Act”). Pub. L. No. 117-58,
§§ 70901-52. Comply with IIJA’s three categories: iron and steel, manufactured
products, and construction materials:
a. Ensure all iron and steel used in the project are produced in the United States.
Ensure all manufacturing processes, from the initial melting stage through the
application of coatings, occurred in the United States.
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•
Ensure all manufactured products as defined by IIJA are exempted from the
Buy America requirements pursuant to 48 FR 50399 (1983) which excludes
manufactured products from 23 CFR 635.410.
•
Ensure all construction materials are manufactured in and manufacturing
processes occurred in the United States. Construction materials includes an
article, material, or supply - other than an item of primarily iron or steel; a
manufactured product; cement and cementitious materials; aggregates such as
stone, sand, or gravel; or aggregate binding agents or additives – that is or
consists primarily of non-ferrous metals, plastic and polymer-based products
(including PVC, composite building materials, and polymers used in fiber optic
cables), glass (including optic glass), lumber or drywall. Items that consist of
two or more of the listed materials that have been combined through a
manufacturing process, and items that include at least one of the listed
materials combined with a material that is not listed through a manufacturing
process, should be treated as manufactured products, rather than as construction
materials.
107.03 AFFIRMATIVE ACTION, DISADVANTAGED BUSINESS
ENTERPRISES, OR EMERGING SMALL BUSINESS ENTERPRISES, AND
SMALL BUSINESS ENTERPRISES
ADD THE FOLLOWING:
The parties to this Contract agree to incorporate into the is Contact mandatory
language of Subsection 3.4 (a) of the regulations promulgated by the Treasures
pursuant to P.L. 1975 c.127 as amended and supplemented from time to time and the
obligations of said Subsection 3.4(a) provided that said Subsection shall be applied
subject to the terms of Subsection 3.4(d) of said regulations. The Parties to the parties
agree to incorporate into this Contract the mandatory language of Subsection 7.4 (a)
and (b) of the regulations promulgated by the Treasurer pursuant to P.L. 1075 c. 127
as amended and supplemented from time to time and the Contractor or Subcontractor
agrees to fully comply with the terms, provisions, and obligations of Subsection 7.4
(a) and (b).
If the Contractor submits to the Owner appropriate evidence that the contractor is
operating under an existing Federally- approved or -sanctioned Affirmative Action
program, during the performance of this Contract, the Contractor agrees to the
following:
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•
(a) The Contractor or Subcontractor where applicable, will not discriminate
against any employee or applicant for employment because of age, race, creed,
color, nation origin, ancestry, marital status, or sex. 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, or sex. Such action
shall include, but not be limited to, the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates or pay or other forms of compensation; and selection for
training, including apprenticeship. The Contractor aggress 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 non-discrimination clause.
•
(b) 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, or sex.
•
(c) The Contractor or Subcontractor, where applicable, will send to each labor
union or representative of workers with which it has a collective bargaining
agreement or other contact or understanding, a notice, to be provided by the
Public Agency Compliance 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.
SECTION 108 – PROSECUTION AND COMPLETION
108.01 SUBCONTRACTING
1. Values and Quantities.
1. There are no Specialty Items in this Project. The work to complete a traffic signal
installation, if included in the Project, composed of an underground and above ground
system as described in these Specifications is hereby by classified as a “Specialty
Item.” All work to perform construction on such signal shall be completed under the
direction of a qualified, licensed and insured electrician.
ADD THE FOLLOWING:
1. No Contractor shall list a Subcontractor in a bid proposal for this contract unless the
Subcontractor is registered pursuant to P.L. 1999, c. 238 at the time such bid is
submitted. No Contractor or Subcontractor, including a Subcontractor not listed in the
Bid Proposal shall engage in the performance of any public works subject to the
Contact, unless the Contractor or Subcontractor is registered pursuant to this Act;
2. The Contractor is responsible for gatherings every party’s paperwork;
3. Each Contractor shall, after submission of bids and prior to the award of the
Contract, submit to the public entity the Certificate of registration for all
Subcontractors listed in the Bid Proposal. Applications for registration shall not be
accepted as a substitute for a Certificate of registration for the purpose of this Section.
108.02 COMMENCEMENT OF WORK
CHANGE THE 5TH PARAGRAPH TO READ AS FOLLOWS:
The RE shall issue a “Notice to Proceed” after execution of the Contracts by the
Municipality which shall constitute the Contractor’s authority to enter upon the site
and commence work. Construction operations shall commence within five (5) days of
the date of the Notice to Proceed after all written notices have been issued by the
Contractor to all public agencies having jurisdiction over the project i.e. NJDEP,
DCA, NJDOT, the County Soil Conservation District, the local municipality, adjacent
property owners (see below), pursuant to permits and certifications issued for the
Project. Said 10th day or the day construction operations commence, whichever
comes first, shall constitute the first day of the contract period.
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Failure of the Contractor to begin construction operations within 5 days of the Notice
to Proceed for any reason shall constitute a Contractor delay. Failure to begin
construction operations within 10 days shall constitute a default for which the County
may take whatever action it deems appropriate in the best interests of the public.
ADD THE FOLLOWING:
The Contractor shall provide the RE at least 72-hour notice in writing of the intention
to start construction operations.
The Contractor shall give written notice to all landowners, commercial
establishments, and adjacent residents of the project area 72-hour notice of the
commencement of construction operations. Copies of such notices shall be provided
to the RE simultaneously with the delivery of same to affected property owners and
establishments. The Contractor shall give affected property owners at least one week
advance written notice of the intention to removed trees, shrubs, irrigations systems,
signs, mailboxes, etc.
108.05.02 Safety Program
ADD THE FOLLOWING:
The Contactor shall make available to the Contractor’s employees, Subcontractors, the
R.E., and the public, all information pursuant to OSHA 29 CFR Part 1926.59 of the
Hazard Communication Standard 29 CFR 1910.1200 and shall also maintain a file on
each jobsite containing all Material Safety Data Sheets (MSDS) for products in use at
the project. These MSDS shall be made available for the R.E. upon request.
108.10 CONTRACT TIME
A. Complete all work required for Substantial Completion by May 13, 2026.
Commencement of the Contract Period shall be as described under Section 108.02
“Commencements of Work.”
108.11.01 Extensions to Contract Time
108.11.01.A
REVISE THE SECOND PARAGRAPH TO:
The Department will not extend Contract Time due to Extra Work or other type of
delay unless an approved progress schedule and updates are current as specified in
153.03. The Department will not make payment for delay damages, unless an
approved progress schedule and updates are current as specified in 153.03.
108.14 DEFAULT AND TERMINATION OF CONTRACTOR’S RIGHT TO
PROCEED
LIST (1) OF THE FIRST PARAGRAPH IS CHANGED TO:
1. Fails to begin construction operations within 30 days of execution of the Contract.
108.19 COMPLETION AND ACCEPTANCE
THE FOLLOWING IS ADDED:
No Incentive Payment for Early Completion is specified for this project.
108.20 LIQUIDATED DAMAGES
Liquidated damages are as follows:
For each day that the Contractor fails to achieve Completion as specified in Subpart A
of Subsection 108.10 of these
Special Provisions, the Owner will assess liquidated damages in the amount of
$350.00. THE FOLLOWING IS ADDED:
When the Contractor may be subjected to more than one rate of liquidated damages
established in this Section, the Owner will assess liquidated damages at the higher
rate.
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108.21 WARRANTIES
The Contractor agrees to make all repairs on said work described in these
specifications for a period of 24 months after the date of completion and acceptance
by the RE. The Contractor also agrees that the municipality is authorized to make the
aforesaid needed repairs if within five days after the mailing of a notice in writing to
the Contractor, or his agent, he neglects to do so. However, in the case of emergency,
where in the opinion of the Engineer, delay would cause serious loss or damage, then
the Municipality may make the repairs without previous notice at the Contractor's
expense.
For this purpose, the Contractor agrees that the municipality may retain TEN (10%)
PERCENT of the final contract amount for a TWO-YEAR period from the date of
completion. A 20% two-year maintenance bond in the form approved by the
governing body may be accepted at the governing body’s discretion in lieu of the 10%
retainage.
The repairs required to be made by the Contractor shall extend only to make good any
inherent defects which become manifested in the materials and workmanship under
ordinary conditions, and shall not be held to cover any breakage or damage caused by
improper use or by accident resulting from circumstances over which the Contractor
has no control. Soil erosion control measures will be included under the maintenance
period.
SECTION 109 – MEASUREMENT AND PAYMENT 109.01
MEASUREMENT OF QUANTITIES
THE FOLLOWING IS ADDED:
All contract items shall be paid for the actual quantity measured in the field by the
Engineer. If additional measurements are requested by the Contractor, or if the
Contractor fails to assist or be present while measurements are being taken by the
Engineer, the Contractor will be charged for re-measurements made by the Engineer if
requested by the Contractor.
All items paid on a unit basis shall be measured in-place for payment regardless of the
quantity listed in the Bidder’s proposal.
109.02 SCOPE OF PAYMENT
THE THIRD SENTENCE OF THE FIRST PARAGRAPH IS CHANGED TO:
The Owner will not make additional or separate payment for work or portion of work
unless specifically provided for in the “Measurement and Payment” Subsection.
109.05 ESTIMATES
CHANGE THE 8
TH PARAGRAPH (REGARDING PAYMENT REDUCTIONS) TO
READ AS FOLLOWS:
Monthly certifications will be made of the approximate quantities of work done
during the preceding month and payments on account therefore will be made based on
the prices bid in the Proposal and stipulated in supplementary agreements, if any,
except as follows:
An amount equivalent to two percent (2%) of the amount due of the total adjusted
contract price will be deducted and retained by the Municipality from each monthly
estimate pending final completion of the project for projects equal to or over $100,000
in value. An amount equivalent to ten percent (10%) of the amount due of the total
adjusted contract price will be deducted and retained by the Municipality from each
monthly estimate pending final completion of the project for projects under $100,000
in value
An amount equivalent to ten percent (10%) of the total adjusted contract price will be
deducted and retained by the Municipality AT THE COMPLETION of the project.
109.06 MATERIALS PAYMENTS AND STORAGE
ADD THE FOLLOWING SENTENCE TO THE FIRST PARAGRAPH:
The Owner is under no obligation to pay for any stored materials, and may deny all
requests by the Contractor for same without reason or cause.
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109.09 FINAL PAYMENT AND CLAIMS
REVISE THE FOURTH PARAGRAPH TO THE FOLLOWING:
Include in the release the specific monetary amounts and the specific nature of the
claims being reserved. Failure to state specific monetary amounts and the specific
nature of the claim shall result in a waiver of such claims. The Contractor may reserve
only those claims properly filed with the Department and not previously resolved. The
Contractor waives all claims for which the required notice has not been filed with the
Department.
109.10 CONTRACTOR’S COMPLIANCE
THIS HEADING IS CHANGED TO:
109.10 CONTRACTOR’S COMPLIANCE WITH NJSA 34:11-56A et seq.
DIVISION 150 – CONTRACT REQUIREMENTS
SECTION 152 – INSURANCE 152.03.03 Owner’s and Contractor’s Protective
Liability Insurance
All insurance shall be procured from insurers authorized to do business in New Jersey.
The Contractor shall require all subcontractors to carry the insurance required herein,
and contractors may, at their option, provide the coverage for any or all
subcontractors, and, if so, the evidence of insurance submitted shall so stipulate. In no
event shall work be performed until the required certificate(s) of insurance have been
furnished. If the insurance provided is not in compliance with the requirements listed
below, the Municipality or its duly authorized representatives maintain the right to
stop work on the Project until proper evidence is provided.
The Contractor shall maintain during the life of the contract, insurance policies of the
type and with the minimum limits indicated below and in a form satisfactory to the
municipality. The Contractor shall provide a certified copy of the policies and/or
certificates of insurance prior to the commencement of work.
A. Policy and Limit Guidelines as follows:
1.
Workers' Compensation Insurance. The Contractor shall procure and maintain
Workers' Compensation coverage. Such policy must comply with the
requirements of New Jersey Statutes covering all employees of the Contractor.
Employer's Liability coverage with limits of liability of not less than
$500,000.00 per each accident or illness shall be included, as well as USL&H
and Jones Act coverage where applicable.
2.
Commercial General Liability insurance coverage, written on an occurrence
basis, and must not be altered by any endorsements limiting coverage. Limits of
liability shall not be less than the following:
ADD THE FOLLOWING:
$2,000,000 $2,000,000 $1,000,000 $1,000,000
General Aggregate per location/per job
Products/Completed Operations
Personal Injury and Advertising Injury Limit
Each Occurrence Combined Single Limit for Bodily Injury and Property Damage
The coverage shall include:
•
a) Premises/Operations
•
b) Elevators
•
c) Independent Contractors
•
d) Contractual liability covering liability assumed under the indemnification
provision contained in this
Agreement and deleting any third party beneficiary exclusion. S-19
•
e) Broad form property damage liability including completed operations.
•
f) Coverage for liability arising from explosion, collapse and underground
damage, if blasting or
excavation is to be done.
•
g) Personal injury coverage, including coverage for liability arising from false
arrest, malicious
prosecution, willful detention, libel, slander, defamation of character, invasion
of privacy and wrongful
egress or entry.
•
h) Products and completed operations for a period of two (2) years from
substantial completion.
•
i) Limited Pollution Cleanup at a limit of $100,000 for construction project
over $500,000.
3.
Comprehensive Automobile Liability insurance covering the use of all owned,
non-owned, hired or leased automobiles with limits of liability not less than
$1,000,000 combined single limit for bodily injury and property damage.
Coverage should include uninsured and underinsured motorist at limits no less
than the minimum statutory limits.
4.
Owners Protective Liability policy (OCP) with minimum limits of $1,000,000.
The policy “Name Insured” would be the Municipality as Owner and the
Municipal Engineer, his agents and employees. The policy would also show the
Contractor as “Designated Contractor”. This policy will protect the Named
Insured (Owner) for negligent acts of the Designated Contractor (Contractor).
5.
Umbrella Liability insurance policy written on an occurrence basis with a
minimum combined single limit of “see below” as “Follow Form” excess of the
Contractor’s Employer’s Liability, Commercial General Liability and
Comprehensive Automobile Liability insurance policies required herein.
Coverage to include on site limited pollution. The OCP policy is required in
Item #4 should be an underlying policy.
Project Cost
$50,000 and Below
Over $50,000 to $500,000 Over $500,000 to $1,000,000 Over $1,000,000
B. Additional Requirements as follows:
Umbrella Limit
$1,000,000 $3,000,000 $5,000,000 $10,000,000
1.
Certified copies of all insurance policies provided above or certificates thereof
satisfactory to the Municipality shall be furnished forthwith. Each such policy
or certificate shall contain a provision that it is not subject to change,
cancellation or non-renewal unless 30 days prior written notice via certified
mail/return receipt shall have been given to the Municipality by the
Contractor’s Insurer. These must be received 30 days prior to commencement
of work.
2.
The Contractor agrees that it will defend, indemnify and save harmless the
Municipality, its officers, agents and employees from and all liability, suits,
actions, and demands and all damages, costs or fees on account of injuries to
persons or property, including accidental death, arising out of or in connection
with the work, or by reason of the operations under this agreement.
3.
All insurance purchased and maintained by the Contractor shall designate the
Municipality, their officers, officials, agents, employees, consultants as
additional insureds.
4.
Except as modified by the Municipality in writing, the insurance requirements
herein shall also apply to Sub- Subcontractors and to the Subcontractors and the
Contractor will be responsible for supervision of the filing of certified copies of
the insurance policies and/or insurance certificates prior to any Subcontractor
commencing work on the project.
5.
The Municipality shall maintain Property insurance upon the entire work at the
site. The insurance shall insure against the perils as provided by the Bergen JIF
and its excess insurer.
6.
The Municipality and Contractor waive all rights against (1) each other and the
Subcontractors, Sub- Subcontractors agents and employees of each of the other,
and (2) the architect and separate Contractors, if any, and their Subcontractors,
Sub-Subcontractors, agents and employees for damages caused by fire or other
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perils to the extent covered by insurance obtained pursuant to Paragraph 5 or any
other property insurance applicable to the work except such rights as they may have to
the proceeds of such insurance held by the Municipality. The Municipality or the
Contractor, as appropriate, shall require by the architect, separate Contractors,
Subcontractors, and Sub-Subcontractors by appropriate agreements, written where
legally required for validity, similar waivers, each in favor of all parties enumerated in
the Subparagraph 6.
7.
All insurance coverage evidence by the Contractor in accordance with this
contract shall be from A.M. Best’s rated A-X or better Insurance Company
licensed to do business in the State of New Jersey.
8.
All proof of insurance submitted to the Municipality shall clearly set forth all
exclusions and deductible clauses. The Municipality will allow certain
deductible clauses which are not considered excessive, overly broad, or harmful
to the interest of the Municipality. Standard exclusions will be allowed
provided they are not inconsistent with the requirements of this subsection
allowance of any additional exclusions. This will be at the discretion of the
Municipality. Regardless of the allowance of exclusions or deductions by the
Municipality, the Contractor shall be responsible for the deductible limit of this
policy and all exclusions consistent with the risks he assumes under this
contract and as imposed by law.
In the event that the Contractor provides evidence of insurance in the form of
certificates of insurance, valid for a period of time less than the period during which
the Contractor is required by the terms of this contract to maintain insurance, said
certificates are acceptable, but the Contractor shall be obligated to renew its insurance
policies as necessary and to provide new certificates of insurance so that the
Municipality is continuously in possession of evidence of the Contractor’s insurance
in accordance with the foregoing provisions.
In the event the Contractor fails or refuses to renew its insurance policy, or the policy
is canceled, terminated, or modified so that the insurance does not meet the
requirements of this subsection, the Municipality may refuse to make payment of any
further moneys due under this contract or refuse to make payment of moneys due or
coming due under other contracts between the Contractor’s insurance for the periods
and amounts referred to above. Alternately, the Municipality may default the
Contractor and direct the surety to complete the project. During any period when the
required insurance is not in effect, the Municipality may suspend performance of the
contract. If the contract is so suspended, additional compensation or extension of
contract time is not due on account thereof.
SECTION 157 – CONSTRUCTION LAYOUT AND MONUMENTS
157.04 MEASURE AND PAYMENT
ADD THE FOLLOWING:
Construction Layout shall be included in the various items of the contract and shall
not be measured for payment.
SECTION 161 – FINAL CLEANUP 161.04 MEASURE AND PAYMENT
ADD THE FOLLOWING:
No payment will be made for the item Final Cleanup, the cost of which shall be
included in all other Pay Items in the Proposal.
S-21
DIVISION 600 – MISCELLANEOUS CONSTRUCTION
SECTION 670 – POOL PAINTING
670.01 DESCRIPTION
This Section includes the requirements for washing, repairs and painting the pools.
670.02 MATERIALS
Washing of the pools must be completed with the use of muriatic acid and washed
down with water.
All pool cracks to be sealed with cement or caulking with primer paint applied after
drying.
Pool paint (including racing stripes) to be Miazon Deluxe Semi-Gloss Acrylic Pool
Coating or approved equal.
615.03 CONSTRUCTION
All work to be completed on two (2) pools, the Back Pool and the Front Pool. The
kiddie pool is not included. The contractor will complete the following to each pool:
1. Remove all water and debris from the pools and control hydrostatic water
pressure for the duration of repainting. The Contractor to supply all necessary
pumps and related equipment required preventing ground water from
accumulating in the pools.
2.
Pools to be pressure washed with muriatic acid and then washed down with
water.
3.
Masonry cracks to be repaired with cement or caulking. Repair all cracks in pool
floors and walls with non-shrinking hydraulic cement, patching to be flush with existing
concrete surface and to be tooled as close as mechanically possible to the existing surface
texture.
4.
Re-caulk all existing vertical joint material with new polyurethane joint filler. Apply to
all open joints in pool walls.
5.
All loose, flaking or peeling paint to be scraped and removed.
6.
All repair areas to be treated with paint primer.
7.
Application of one (1) coat of pool coating.
8.
Application of racing stripes, depth designations and pool safety signage (No
Diving, etc.)
670.04 Measurement and Payment
The following pay item is added:
Item
Pay Unit
POOL PREPARATION (EMPTY AND WASH)
L.S.
POOL REPAIR AND PAINT SCRAPING
L.S.
POOL PAINTING INCLUDING RACING STRIPES
L.S.
All items to include the lump sum cost for all required improvements. The pools are
open for inspection. Contact the Haworth Department of Public Works at 201-384-1037 for
access.
S-22
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performance bond
Evidence Detected
"...All proposals must be accompanied by a bid bond or certified check to the order of the Borough in an amount not
less than ten percent (10%) of the bid or $20,000.00, whichever is less, and not less than $500.00, for each bid
submitted...."
liquidated damages
Evidence Detected
"...The Bid Guarantee shall be forfeited as liquidated damages if the bidder fails to
execute and return the contract within ten (10) days after notification of the award of the contract
and submission of the contract to the bidder for signature...."
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First Discovered
Apr 1, 2026
Last Info Update
Apr 5, 2026
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