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Addendum To Bid Documents Bid 24-13 – Frank Sinatra Drive Complete Streets Redesign Phase 2 Of2 – Frank Sinatra Drive Tb0905-001 Federal Project Number: 1055301
BID #: 24-13
ISSUED: 12/10/2024
DUE: 3/4/2025
VALUE: $500,000
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Executive Summary
The City of Hoboken is seeking bids for the Frank Sinatra Drive Complete Streets Redesign Phase 2 of 2, focusing on improvements to Frank Sinatra Drive. The project includes milling and overlaying the existing pavement, constructing a concrete island to separate the roadway from a bicycle path, installing raised crosswalks, building ADA-accessible curb ramps, and adding associated landscaping, pavement markings, and signage. A Disadvantaged Business Enterprise (DBE) goal of 7% has been assigned to the contract by the NJDOT Division of Civil Rights. Addendum # 2 was issued on December 10, 2024, and the deadline for bid submissions is March 4th, 2025.
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Document Text
--- Document: See Full Description ---
Page 1 of 115
CITY OF HOBOKEN, NEW JERSEY
Office of Administration
Division of Purchasing
Specifications and Statutory Requirements For:
Bid Number: 24-13
FRANK SINATRA DRIVE COMPLETE STREETS REDESIGN
PHASE 2 OF 2 – FRANK SINATRA DRIVE
TB0905-001
Federal Project Number: 1055301
State Job Number: 6305318
Bid Opening Date: March 4th, 2025
2:00 PM Prevailing time
_________________________________
Page 2 of 115
TABLE OF CONTENTS
NOTICE TO BIDDERS .............................................................................................................4
ADVISORY NOTICE TO ALL BIDDERS ..................................................................................6
INSTRUCTIONS TO BIDDERS & STATUTORY REQUIREMENTS ........................................9
EXHIBIT A – AMERICANS WITH DISABILITIES ACT OF 1990 ............................................ 24
EXHIBIT B – NEW JERSEY ANTI-DISCRIMINATION PROVISIONS .................................... 25
TAX EXEMPTION CERTIFICATES ........................................................................................ 26
BIDDER CHECKLIST OF MANDATORY FORMS & REQUIRED DOCUMENTS .................. 28
1. CERTIFICATION OF AFFIRMATIVE ACTION COMPLIANCE ........................................ 30
2. AMERICANS WITH DISABILITIES ACT OF 1990 - ACKNOWLEDGEMENT FORM ..... 34
3. DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN ................................................. 35
4. PREVAILING WAGE AFFIDAVIT .................................................................................... 37
5. STATEMENT OF OWNERSHIP DISCLOSURE .............................................................. 38
6. EXHIBIT C – CHANGED CONDITIONS IN CONSTRUCTION CONTRACTS………..…40
7. NON-COLLUSION AFFIDAVIT ........................................................................................ 43
8. NUCLEAR-FREE HOBOKEN ORDINANCE FORM ....................................................... 44
9. STATEMENT OF UNDERSTANDING ............................................................................. 45
10. NAMING OF SUBCONTRACTORS FORM .................................................................... 46
11. BIDDER’S AFFIDAVIT ..................................................................................................... 47
12. BID BOND ..................................................................................................................... 48
13. CONSENT OF SURETY .................................................................................................. 49
14. ACKNOWLEDGEMENT OF SURETY ............................................................................. 50
Page 3 of 115
15. BIDDER’S SAFETY ACKNOWLEDGEMENT FORM ...................................................... 51
16. BIDDER’S QUALIFICATION FORM ................................................................................ 52
17. PLANT AND EQUIPMENT QUESTIONAIRE & STATUS OF CONTRACTS ON HAND 53
18. EXCEPTION TO SPECIFICATIONS ............................................................................... 57
19. ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA .................................................... 58
20. SCHEDULE OF PRICES ................................................................................................ 59
21. BID PROPOSAL .............................................................................................................. 65
22. CERTIFICATION OF EQUAL EMPLOYMENT OPPORTUNITY ..................................... 66
23. CERTIFICATION OF NON-SEGREGATED FACILITIES ................................................ 67
24. ELIGIBILITY AFFIDAVIT-STATE OF NJ DEBARRED LIST AFFIDAVIT ......................... 68
25. ACKNOWLEDGEMENT OF AMERICAN IRON AND STEEL REQUIREMENTS ............ 69
26. CERT. OF NON-DEBARMENT FOR FEDERAL GOVERNMENT CONTRACTS ……... 70
27. CONTRACT FOR CONSTRUCTION SERVICES………………………………………….. 74
28. MAINTENANCE (WARRANTY) BOND FORM …………………………………………….108
ENVIRONMENTAL COMMITMENTS……………………………………………….………...….111
SPECIAL PROVISIONS…………………………………………………………………………....113
SPECIAL PROVISIONS FOR FEDERAL AID PROJECTS………………………………….…117
ARCHAEOLOGICAL MONITORING PLAN ...................... ………………………………….…222
Page 4 of 115
CITY OF HOBOKEN
NOTICE TO BIDDERS
Sealed bids will be received by an authorized representative of the City of Hoboken, Office of
Administration, Division of Purchasing, c/o City Clerk’s Office, 94 Washington Street, Hoboken, New
Jersey 07030 in the County of Hudson and State of New Jersey on Tuesday, March 4th, 2025
at 2:00 pm prevailing time, and then publicly opened and read aloud for:
BID NO. 24-13
I-Bank Project Number: TB0905-001
Federal Project Number: 1055301
State Job Number: 6305318
FRANK SINATRA DRIVE COMPLETE STREETS REDESIGN
PHASE 2 OF 2 – FRANK SINATRA DRIVE
CITY OF HOBOKEN, HUDSON COUNTY, NEW JERSEY
The City of Hoboken (City or Owner) is soliciting bids for Frank Sinatra Drive Complete Streets
Redesign Phase 2 of 2 – Frank Sinatra Drive. This work generally consists of the milling and overlay
of Frank Sinatra Drive, the construction of a concrete island that will separate the roadway from a bicycle
path to be constructed within the existing roadway width, the installation of raised crosswalks, the
construction of new ADA-accessible curb-ramps and the installation of associated landscaping,
pavement markings and signage.
The final day to submit any bid questions shall be 12:00 PM on Tuesday, January 21st, 2025.
The work contemplated under this Contract shall be completed on or before 3 6 5 days after Notice
to Proceed. Copies of plans, specifications, and contract documents will be on file for public inspection
and may be obtained at the offices of Kimley-Horn and Associates, Inc., 301 Carnegie Center
Boulevard, Suite 202, Princeton, New Jersey 08540 upon payment of $300, said sum not refundable,
between the hours of 8:00 a.m. and 5:00 p.m. prevailing time, Monday through Friday, excluding
legal holidays. An electronic set of Bidding Documents can be provided at no charge via email at
jeff.depaolis@kimley-horn.com.
Bids shall be made upon the prescribed forms, furnished with the Contract Drawings and Specifications,
including the non-collusion affidavit and ownership statement compliance form and must be
accompanied by a Consent of Surety and a certified check, cashier's check, or Bid Bond of not less
than ten (10%) percent of the amount bid and, not to exceed $20,000.00. Such checks and
Bonds shall be made payable to the Owner and will be held as a Guarantee that in the event the Bid
is accepted and a Contract awarded to the bidder, the Contract shall be duly executed and its
performance properly secured. The successful bidder shall furnish and deliver to the Owner a
performance and payment bond in the amount of 100 percent of the accepted bid amount as security
for the faithful performance and payment of the Contract. Further, the successful bidder must furnish
the policies or Certificates of Insurance required by the Contract. In default thereof, said checks and
the amount represented thereby will be forfeited to the aforesaid Owner as liquidated damages.
Bids must be accompanied, in the case of corporations not chartered in New Jersey, by proper
certificate that such corporation is authorized to do business in the State of New Jersey.
Pursuant to P.L. 2019, c.406, a contractor that is debarred from contracting with a federal government
agency, along with any affiliates of the debarred contractor, is now prohibited from contracting for “public
Page 5 of 115
work” with any State or local government entity. This prohibition applies to all entities subject to the
Local Public Contracts Law or Public-School Contracts Law, as well as to county colleges.
Proposals are being solicited through a fair and open process in accordance with N.J.S.A. 19:44A-
20.3 et seq., and as such, contractors are exempt from the limitations on making political contributions
under that law. Further, for that reason, as well as because of language in New Jersey’s Annual
Appropriations Ace, refusal to disclose campaign contributions otherwise required by N.J.S.A. 19:44A-
20.3 et seq. and N.J.S.A. 19:44A-20.25 et seq., will not adversely affect your consideration for award.
Bidders/Vendors/Contractors are required to comply with the requirements of N.J.S.A. 10:5-31 et seq.
and N.J.A.C. 17:27, as amended, regarding equal employment opportunity. All corporations,
partnerships, and limited liability companies must comply with N.J.S.A. 52:25-24.2 regarding
disclosure of partners, members, and stockholders.
In addition, a Disadvantaged Business Enterprise (DBE) goal of 7% has been assigned to the contract
by the NJDOT Division of Civil Rights. All bidders are required to submit a DBS/ESBE/SBE
Participation Plan/Commitment (CR-266) and DBE/ESBE/SBE Confirmation Forms (CR0273 and
applicable CR-272 and/or CR-274), supporting documentation and Good Faith Effort (GFE)
documentation. If the apparent low bidder’s commitment fails to meet the established Contract goal
and they fail to provide adequate documented evidence of their GFE, the next lowest responsive and
responsible bidder could be awarded the contract.
Each bid must be enclosed in a sealed envelope bearing the name and address of the bidder,
addressed to the Owner and labeled for the BID NO. 24-13.
The successful bidder will be required to comply with all provisions of prevailing wage rates as
determined by the New Jersey Department of Labor and Davis-Bacon prevailing wage rates.
Pursuant to N.J.S.A. 40A:11-23.3, the bidder may request a withdrawal of a bid, due to a mistake on
part of the bidder, within five (5) business days after a bid opening. After the five (5) business days, all
bids shall be irrevocable, not subject to withdrawal and shall stand available for a period of fifty-five (55)
days.
The Owner reserves the right to reject any and all bids pursuant to applicable law and regulations, to
waive informalities or irregularities in the bids received and to accept the bid from the lowest, responsive
and responsible bidder.
To protect the health and safety of everyone, vendors are encouraged to submit their
proposals via certified mail or overnight delivery.
CITY OF HOBOKEN
Jennifer Mastropietro, QPA,
Purchasing Agent
Page 6 of 115
ADVISORY NOTICE TO ALL BIDDERS
Topic: Project Goal Requirements
FEDERALLY FUNDED CONTRACTS: DISADVANTAGED BUSINESS ENTERPRISE
(DBE) OR EMERGING
Small Business Enterprise (ESBE) Goals
State Funded Contracts: Small Business Enterprise (SBE) Goals
The following guidance is provided to help ensure a bid is not rejected for being non-responsive and/or not
responsible due to Civil Rights Goal Requirements.
All bidders are required to submit a DBE/ESBE/SBE Participation Plan/Commitment (CR-266) and
DBE/ESBE/SBE Confirmation Forms (CR-273, and applicable CR-272 and/or CR-274), supporting
documentation and Good Faith Effort documentation for every contract they bid on that has an established
Contract DBE, ESBE or SBE goal. It is in the best interest of the New Jersey Department of
Transportation/public contracting agency as well as the contracting community.
DBE Goal: Only certified DBEs may be used to satisfy DBE goals.
ESBE Goal: Either certified DBEs or ESBEs may be used to satisfy ESBE goals. SBE Goal:
Only current registered SBEs may be used to satisfy SBE goals.
NOTE: If the apparent low bidder’s commitment fails to meet the established Contract goal and they fail to
provide adequate documented evidence of their Good Faith Efforts (GFE), the next lowest responsive and
responsible bidder could be awarded the contract.
This project requires that all bidders at time of bid, or within five (5) days of bid opening: Forms CR- 266, CR-
273, CR-272, CR-274 with supporting documentation, and documented evidence of Good Faith Effort (GFE).
Be sure to include ALL required forms and documentation as follows:
o CR-266 “Schedule of DBE/ESBE/SBE Participation”, listing each firm that will be used to meet the
contract goal; the classification or role the firm will play on the contract; NAICS Codes for the kind
and type of work the firm will be performing on the contract; specific contract items, including
identification of items where partial work will be performed; dollar value of proposed subcontract. If
the Bidder is itself a DBE, ESBE or SBE they must list themselves on the CR-266, include the
NAICS codes and only the value of work they will self-perform for which they are certified as a DBE,
ESBE or SBE to perform.
o CR-273 “Confirmation of DBE/ESBE/SBE Firm”, for each firm listed on the CR-266. Provide all
information requested on the form, including the specific contract items and item descriptions, noting
identification of items where partial work is being performed; answers to the questions listed on the
form, and proposed dollar value of the work the firm will perform.
Page 7 of 115
o CR-272 “DBE/ESBE/SBE Regular Dealer/Supplier Verification” – for each Regular
Dealer/Supplier listed on the CR-266
o CR-274 “DBE/ESBE/SBE Trucking Verification” and supporting documentation– for
each trucker/trucking firm/transportation firm listed on the CR-266
Make sure that all required forms are PROPERLY, ACCURATELY and FULLY COMPLETED and
signed. Bidders are not to complete any portion of the CR-273, CR-272 or CR-274 forms, except
for Bidder signature, unless they themselves are the prime DBE, prime ESBE or prime SBE. These
forms must be completed and signed by the respective DBE, ESBE or SBE.
PLEASE NOTE THAT THE FOLLOWING, COMMON ERRORS CAN CAUSE A BID TO BE
REJECTED:
Bidder failing to submit a CR-266; submitting a blank CR-266; or failing to sign the CR-266.
Bidder failing to list themself, when they are a DBE, ESBE or SBE. (Note: They should
only list the value of work they will self-perform, and not any work they will subcontract
out.)
Bidder failing to submit a fully completed CR-266, including kind and type of work, contract
items and item descriptions each firm listed will perform.
Identifying SBE and/or ESBE subcontractors on the CR-266 for a Federally funded, DBE
goal.
Bidder failing to submit COMPLETED and SIGNED CR-273 forms confirming agreement
for each firm listed on the CR-266.
Not verifying and confirming the proper NAICS Code(s) in the NJUCP directory for the
classification of work the DBE or ESBE is certified for and committed to perform.
Failing to identify the correct item numbers, work descriptions, materials to be supplied
and NAICS codes on the CR-266 and CR-273; CR-272 and CR-274 for federally funded
projects.
Bidder failing to submit a COMPLETED and SIGNED CR-272 (Dealer/Supplier
Verification) for each dealer/supplier listed on the CR-266.
Bidder failing to submit a COMPLETED and SIGNED CR-274 (Trucking Verification) and
required supporting documentation for each trucking firm/ trucker/transportation firm listed
on the CR-266.
Item Numbers and Contract Amounts on CR-266 and CR-273 don’t correspond or match.
Bidder completes and signs the CR-273 for the DBE, ESBE or SBE subcontractor.
Firms listed on the CR-266 are not certified as a DBE or are not a SBE with current
registration.
Failure to submit documented evidence to support Good Faith Efforts (GFE) when the
bidder fails to document enough DBE, ESBE or SBE participation to meet the goal.
Submitting inadequate documentation to support Good Faith Efforts (GFE) when the
bidder fails to document enough DBE, ESBE or SBE participation to meet the goal.
Page 8 of 115
If you have any questions or need clarification concerning the above forms, please contact the
Division of Civil Rights/Affirmative Action’s Contractor Compliance Unit at 609-963-2047 or by email
at DOT- CR.Verifications@dot.nj.gov.
Page 9 of 115
INSTRUCTIONS TO BIDDERS & STATUTORY REQUIREMENTS
I. SUBMISSION OF BIDS
A.
The City of Hoboken in Hudson County, New Jersey (hereinafter may be referred to as "City",
“Owner”, “Contracting Agency”) invites sealed bids pursuant to the Notice of Bidders.
B.
Sealed bids will be received by the designated representative of the City at the time and place
stated in the Notice to Bidders, and at such time and place will be publicly opened and read
aloud.
C.
Sealed Bid proposal(s) shall be submitted in a sealed envelope: (1) addressed to
Office of Administration, Division of Purchasing, c/o City Clerk’s Office, City of
Hoboken, 94 Washington St., Hoboken, NJ 07030 (2) bearing the name and
address of the Vendor written on the face of the envelope, and (3) clearly marked
"BID PROPOSAL" with the contract title and/or Bid number of the
contract/project. There shall be one (1) original and one (1) duplicate copy and
one (1) electronic copy of the Bid proposal submitted.
Due to current conditions, and to protect the health and safety of everyone, vendors
are encouraged to submit their proposals via certified mail or overnight delivery.
D.
It is the bidder's responsibility to see that bids are presented to the City on the hour and at the
place designated. Bids may be hand delivered or mailed; however, the City disclaims any
responsibility for bids forwarded by regular or overnight mail. If the bid is sent by overnight mail,
the designation in section C, above, must also appear on the outside of the delivery company
envelope. Bids received after the designated time and date will be returned unopened.
E.
Sealed bids forwarded to the City before the time of opening of bids may be withdrawn upon
written application of the bidder who shall be required to produce evidence showing that the
individual is or represents the principal or principals involved in the bid. Once bids have been
opened, they must remain firm for a period of sixty (60) calendar days.
F.
All prices and amounts must be written in ink or preferably typewritten. Bids containing any
conditions, omissions, unexplained erasures or alterations, items not called for in the bid
proposal form, attachment of additive information not required by the specifications, or
irregularities of any kind, may be rejected by the City. Any changes, white-outs, strike-outs, etc.
on the proposal page must be initialed in ink by the person responsible for signing the bid.
G.
Each bid proposal form must give the full business address of the bidder and be signed by an
authorized representative. Bids by partnerships must furnish the full name of all partners and
must be signed in the partnership name by one of the members of the partnership or by an
authorized representative, followed by the signature and designation of the person(s) signing.
Bids by corporations must be signed in the legal name of the corporation, followed by the name
of the State in which incorporated and must contain the signature and designation of the
president, secretary or other person authorized to bind the corporation in the matter. When
requested, satisfactory evidence of the authority of the officer signing shall be furnished.
Page 10 of 115
H.
Bidders must insert prices for furnishing all of the materials and/or labor required by these
specifications. Prices shall be net, including any charges for packing, crating, containers, etc.
All transportation charges shall be fully prepaid by the contractor FOB destination and placement
at locations specified by the City. As specified, placement may require inside deliveries. No
additional charges will be allowed for any transportation cost resulting from partial shipments
made at the contractor's convenience.
I. Vendor is presumed to be familiar with all applicable federal, state, and local statutes, ordinances,
regulations, codes, rules, and orders which are applicable to its performance, whether or not
specifically enumerated herein or in any contract document, including and not limited to the
following statutes that represent “Truth in Contracting” laws:
N.J.S.A. 2C:21-34, et seq. governs false claims and representations by Vendors. It is a serious
crime for the Vendor to knowingly submit a false claim and/or knowingly makes a material
misrepresentation in connection with the negotiation, award, or performance of a government
contract.
N.J.S.A. 2C:27-2 provides that a person commits a crime if said person offers a benefit to a
public servant for an official act performed or to be performed by a public servant, which is a
violation of official duty.
N.J.S.A. 2C:27-11 provides that a Vendor commits a crime if said person, directly or indirectly,
confers or agrees to confer any benefit not allowed by law to influence a public servant.
Vendor should consult the statutes or legal counsel for further information on these or related
provisions.
J. The vendor shall guarantee any or all materials and services supplied under these specifications.
Defective or inferior items shall be replaced at the expense of the vendor. In case of rejected
materials, the vendor will be responsible for return freight charges.
K.
All construction under this project shall be compliant with ordinances of the City. Bidders should
especially take note of the City’s noise control ordinance, Hoboken Code Chapter 133, and,
Code Section 133-9 Restricted uses and activities.
L.
Pursuant to N.J.A.C. 17:44-2.2), The vendor shall maintain all documentation related to
products, transactions or services under this contract for a period of five years from the date of
final payment. Such records shall be made available to the New Jersey Office of the State
Comptroller upon request. Furthermore, the contractor hereby agrees to provide invoices and
other non-proprietary documents in accordance with OPRA and/or the Common Law Right to
Access and the vendor shall be required to do any and all redaction of invoice which becomes
necessary at their sole cost and expense. Should the contractor fail and/or refuse to provide
documents as required hereunder the contractor shall hold the City harmless from any OPRA
claims and/or damages associated therewith.
M.
Official Request for Bid packages are available from Kimley-Horn and Associates, Inc. at cost
to the prospective respondents. All addenda will be provided to all vendors who obtained the Bid
package and will be posted on the City website. Potential respondents are cautioned that they
are responding at their own risk if a third party supplied the specifications that may or may not
be complete. The City is not responsible for third party supplied documents.
Page 11 of 115
II. BID SECURITY AND BONDING REQUIREMENTS
The following provisions if indicated by an (X), shall be applicable to this bid and be made a part of the
bidding documents:
A.
[X] BID GUARANTEE
Bidder shall submit with the bid a certified check, cashier's check or bid bond in the amount of
ten percent (10%) of the total price bid, but not in excess of $20,000, payable unconditionally to
the City. When submitting a Bid Bond, it shall contain Power of Attorney for full amount of Bid
Bond from a surety company authorized to do business in the State of New Jersey and
acceptable to the City. The check or bond of the unsuccessful bidder(s) shall be returned as
prescribed by law. The check or bond of the bidders to whom the contract is awarded shall be
retained until a contract is executed and the required performance bond or other security is
submitted. The check or bond of the successful bidder shall be forfeited if the bidder fails to
enter into a contract pursuant to N.J.S.A. 40A:11-21.
***If this section is applicable, failure to submit this shall be cause for rejection of the
bid.
B. [X] CONSENT OF SURETY
Bidder shall submit with the bid a Certificate (Consent of Surety) with Power of Attorney for full
amount of bid price from a Surety Company authorized to do business in the State of New Jersey
and acceptable to the City stating that it will provide said bidder with a Performance Bond in the
full amount of the bid. This certificate shall be obtained in order to confirm that the bidder to
whom the contract is awarded will furnish Performance and Payment Bonds from an acceptable
surety company on behalf of said bidder, any or all subcontractors, or by each respective
subcontractor or by any combination thereof which results in performance security equal to the
total amount of the contract, pursuant to N.J.S.A. 40A:11-22.
***If this section is applicable, failure to submit this shall be cause for rejection of the
bid.
C.
[X] PERFORMANCE BOND
Successful bidder shall simultaneously with the delivery of the executed contract, submit an
executed bond in the amount of one hundred percent (100%) of the acceptable bid as security
for the faithful performance of this contract.
The performance bond provided shall not be released until final acceptance of the whole work
and then only if any liens or claims have been satisfied and any maintenance bonds required
have been executed and approved by the City.
Failure to timely submit this Bond shall be a basis to declare the contract null and void
and/or a material breach and grounds to terminate the contract.
Page 12 of 115
D.
[X] LABOR AND MATERIAL (PAYMENT) BOND
Successful bidder shall with the delivery of the performance bond and executed contract
submit an executed payment bond to guarantee payment to laborers and suppliers for the
labor and material used in the work performed under the contract.
Failure to timely submit this Bond shall be a basis to declare the contract null and void
and/or a material breach and grounds to terminate the contract.
E.
[X] MAINTENANCE BOND
Successful bidder shall upon completion of the work submit a maintenance bond in the amount
of 15% of the final adjusted Contract Sum guaranteeing against defective quality of work or
materials for the period of two (2) years
The surety of such bond(s) shall be a duly authorized surety company authorized to do
business in the State of New Jersey and possess a certificate of authority per N.J.S.A. 17:31-
5.
III. INTERPRETATION AND ADDENDA
A.
The bidder understands and agrees that its bid is submitted on the basis of the specifications
prepared by the City. The bidder accepts the obligation to become familiar with these
specifications.
B.
Bidders are expected to examine the specifications and related documents with care
and observe all their requirements. Ambiguities, errors or omissions noted by bidders
should be promptly reported in writing to the appropriate official. In the event the bidder
fails to notify the City of such ambiguities, errors or omissions, the bidder shall be bound
by the bid.
C.
No oral interpretation and/or clarification of the meaning of the specifications for any
goods and services will be made to any Vendor. Such request shall be in writing,
addressed to the City’s representative stipulated in the specification. In order to be given
consideration, a written request must be received at least three (3) business days prior
to the date fixed for the opening/deadline of the proposal for goods and services.
All interpretations, clarifications and any supplemental instructions will be in the form of
written addenda to the specifications and notice will be provided through an
advertisement in the City official newspaper, sent to potential bidders who provided a
physical or email address when obtaining a copy of the proposal/bid package, or had
submitted a proposal/bid submission. All addenda so issued shall become part of the
specification and proposal/bid documents and shall be so acknowledged by the bidder
in the proposal/bid by completing the Acknowledgement of Receipt of Addenda form.
The owner’s interpretations or corrections thereof shall be final.
Pursuant to N.J.S.A. 40A:11-23(c)(1) when issuing addenda, the City shall provide
required notice prior to the official receipt of proposals/bids to any person who has
submitted a proposal/bid or who has received a proposal/bid package. They will be sent
Page 13 of 115
from
the
City
Purchasing
Agent
(purchasing@hobokennj.gov
or
jmastropietro@hobokennj.gov ). It is recommended that vendors include this address in
the recipient email’s contact list to ensure it is not routed to a junk email folder.
D.
Discrepancies in Bids
1. If the amount shown in words and its equivalent in figures do not agree, the written
words shall be binding. Ditto marks (“ “) are not considered writing or printing and
shall not be used.
2. In the event of a discrepancy between unit prices and extended totals, the unit prices
shall prevail. In the event there is an error of the summations of the extended totals,
the computation by the City of the extended totals shall govern.
E.
Optional Pre-Bid Conference
A pre-bid conference for this proposal will be held on Monday, November 18, 2024, at 10:00
AM eastern standard time at the intersection of 4th Street and River Street, Hoboken, New
Jersey 07030.
p
Attendance is not mandatory but is strongly recommended. Failure to attend does not relieve
the bidder of any obligations or requirements.
IV. BRAND NAMES, PATENTS & STANDARDS OF QUALITY
A.
Brand names and/or descriptions used in this bid are to acquaint bidders with the type of
commodity desired and will be used as a standard by which alternate or competitive materials
offered will be judged. Competitive items must be equal to the standard described and be of the
same quality of work. Variations between materials described and the materials offered are to
be fully identified and described by the bidder on a separate sheet and submitted with the bid
proposal form. Vendor's literature WILL NOT suffice in explaining exceptions to these
specifications. In the absence of any changes by the bidder, it will be presumed and required
that materials as described in the bid proposal be delivered.
B.
It is the responsibility of the bidder to demonstrate the equivalency of item(s) offered. The City
reserves the right to evaluate the equivalency of an item(s) and to determine whether it meets
the stated requirements.
C.
In submitting its bid, the bidder certifies that the merchandise to be furnished will not infringe
upon any valid patent or trademark and that the successful bidder shall, at its own expense,
defend any and all actions or suits charging such infringement, and will save the City harmless
from any damages resulting from such infringement.
D.
Only manufactured and farm products of the United States, wherever available, shall be used
on this contract pursuant to N.J.S.A. 40A:11-18.
E.
Wherever practical and economical to the City, it is desired that recycled or recyclable products
be provided. Please indicate when recycled products are being offered.
Page 14 of 115
V. INSURANCE & INDEMNIFICATION
A. Insurance Requirements
1.
Worker's Compensation and Employer's Liability Insurance
This insurance shall be maintained in force during the life of this contract by the bidder
covering all employees engaged in performance of this contract in accordance with the
applicable statute. Minimum Employer's Liability $1,000,000.
2.
General Liability Insurance
This insurance shall have limits of not less than $3,000,000 per occurrence and
$5,000,000 in aggregate covering property damage, bodily injury and products &
completed operations and shall be maintained in force during the life of this contract by
the bidder. The policy shall include Bidder's Protective Liability Insurance (also known
as Contingent Liability Insurance) with the same limits.
3.
Automobile Liability Insurance
This insurance covering bidder for claims arising from owned, hired and non-owned
vehicles with limits of not less than $1,000,000 Combined Single Limit for property
damage and bodily injury shall be maintained in force during the life of this contract by
the bidder.
4.
Umbrella/Excess Liability Insurance
General, Auto, and Employer’s Liability shall all fall under this insurance with an
additional limit no less than $10,000,000 per occurrence and in aggregate. Coverage
shall be on ‘follow-form’ basis with coverage at least as broad as the underlying policies.
B.
Certificates of Required Insurance
Certificates for the coverage listed in part A, above, shall be submitted to the City along with the
contract.
Such coverage shall be with an insurance company authorized to do business in the State of
New Jersey and shall name the City and its officers, agents and employees as additional
assureds.
Such coverage shall have a thirty (30) day notice of cancellation, which shall require written
notice to the Purchasing Agent of the City of Hoboken upon any cancellation of policy.
C.
INDEMNIFICATION
The successful bidder (“Contractor”) will be required to provide the following indemnification:
CONTRACTOR’S INDEMNITY OBLIGATION. CONTRACTOR COVENANTS, AGREES TO,
AND SHALL DEFEND (WITH COUNSEL REASONABLY ACCEPTABLE TO THE CITY),
INDEMNIFY, AND HOLD HARMLESS THE CITY OF HOBOKEN, NEW JERSEY AND THE
Page 15 of 115
ELECTED
OFFICIALS,
OFFICERS,
EMPLOYEES,
REPRESENTATIVES,
AND
VOLUNTEERS OF THE CITY OF HOBOKEN, NEW JERSEY, INDIVIDUALLY OR
COLLECTIVELY, IN BOTH THEIR OFFICIAL AND PRIVATE CAPACITIES (THE CITY OF
HOBOKEN, NEW JERSEY, AND THE ELECTED OFFICIALS, OFFICERS, EMPLOYEES,
REPRESENTATIVES, AND VOLUNTEERS OF THE CITY OF HOBOKEN, NEW JERSEY
EACH BEING A "HOBOKEN PERSON" AND COLLECTIVELY THE "HOBOKEN PERSONS"),
FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, JUDGMENTS, LAWSUITS,
DEMANDS, HARM, LOSSES, DAMAGES, PROCEEDINGS, SUITS, ACTIONS, CAUSES OF
ACTION, LIENS, FEES, FINES, PENALTIES, EXPENSES, OR COSTS, OF ANY KIND AND
NATURE WHATSOEVER MADE UPON OR INCURRED BY THE CITY OF HOBOKEN, NEW
JERSEY AND/OR ANY OTHER HOBOKEN PERSON, WHETHER DIRECTLY OR
INDIRECTLY, (THE “CLAIMS”), THAT ARISE OUT OF, RESULT FROM, OR RELATE TO: (I)
ANY OF THE WORK AND SERVICES OF THE CONTRACTOR, (II) ANY REPRESENTATIONS
AND/OR WARRANTIES BY CONTRACTOR UNDER THIS AGREEMENT, AND/OR (III) ANY
ACT OR OMISSION UNDER, IN PERFORMANCE OF, OR IN CONNECTION WITH THIS
AGREEMENT BY CONTRACTOR, OR BY ANY OF CONTRACTOR’S OWNERS,
DIRECTORS, OFFICERS, SHAREHOLDERS, MANAGERS, PARTNERS, EMPLOYEES,
AGENTS,
ENGINEERS,
ARCHITECTS,
CONSULTANTS,
CONTRACTORS,
SUBCONTRACTORS,
INVITEES,
PATRONS,
GUESTS,
CUSTOMERS,
TENANTS,
SUBTENANTS, LICENSEE, SUBLICENSEE, CONCESSIONAIRES, OR ANY OTHER
PERSON OR ENTITY FOR WHOM CONTRACTOR IS LEGALLY RESPONSIBLE, AND THEIR
RESPECTIVE OWNERS, DIRECTORS, OFFICERS, SHAREHOLDERS, MANAGERS,
PARTNERS, EMPLOYEES, AGENTS, ENGINEERS, ARCHITECTS, CONSULTANTS,
CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, INVITEES, PATRONS, GUESTS,
CUSTOMERS, CONTRACTORS, AND CONCESSIONAIRES. SUCH DEFENSE, INDEMNITY
AND HOLD HARMLESS SHALL AND DOES INCLUDE CLAIMS ALLEGED OR FOUND TO
HAVE BEEN CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR GROSS
NEGLIGENCE OF ANY HOBOKEN PERSON, OR CONDUCT BY ANY HOBOKEN PERSON
THAT WOULD GIVE RISE TO STRICT LIABILITY OF ANY KIND. CONTRACTOR SHALL
PROMPTLY ADVISE THE CITY IN WRITING OF ANY CLAIM OR DEMAND AGAINST ANY
HOBOKEN PERSON RELATED TO OR ARISING OUT OF CONTRACTOR'S ACTIVITIES
UNDER THIS AGREEMENT AND SHALL SEE TO THE INVESTIGATION AND DEFENSE OF
SUCH CLAIM OR DEMAND AT CONTRACTOR'S SOLE COST AND EXPENSE. THE
HOBOKEN PERSONS SHALL HAVE THE RIGHT, AT THE HOBOKEN PERSONS’ OPTION
AND OWN EXPENSE, TO PARTICIPATE IN SUCH DEFENSE WITHOUT RELIEVING
CONTRACTOR OF ANY OF ITS OBLIGATIONS HEREUNDER. THE DEFENSE, INDEMNITY,
AND HOLD HARMLESS OBLIGATIONS SET FORTH HEREIN SHALL SURVIVE THE
EXPIRATION OR TERMINATION OF THIS AGREEMENT.
VI. PREPARATION OF BIDS
A.
The City is exempt from any local, state or federal sales, use or excise tax.
B.
Estimated Quantities (Open-End Contracts)
The City has attempted to identify the item(s) and the estimated amounts of each item bid to
cover its requirements; however, past experience shows that the amount ordered may be
different than that submitted for bidding. The right is reserved to decrease or increase the
quantities specified in the specifications pursuant to N.J.A.C..5:30-11.2 – 5:30-11.10. NO
MINIMUM PURCHASE IS IMPLIED OR GUARANTEED.
Page 16 of 115
C.
Successful bidder shall be responsible for obtaining any applicable permits or licenses from any
government entity that has jurisdiction to require the same. All bids submitted shall include this
cost in the bid price.
D.
All construction under this project shall be compliant with the City’s noise control ordinance,
Hoboken Code Chapter 133, and, specifically the time constraints required by Hoboken Code
Section 133-9(c).
VII. STATUTORY AND OTHER REQUIREMENTS
A.
PROOF OF BUSINESS REGISTRATION CERTIFICATE
Pursuant to N.J.S.A. 52:32-44, the City is prohibited from entering into a contract with an
entity unless the bidder/proposer/contractor/vendor, and each subcontractor that is required
by law to be named in the bid/proposal/contract has a valid Business Registration Certificate
(BRC) on file with the Division of Revenue and Enterprise Services within the Department
of Treasury.
Prior to the contract award or authorization, the vendor shall provide the City with its proof
of business registration and that of any named subcontractor(s). Subcontractors named in
the bid or other proposal shall provide proof of business registration to the bidder/proposer,
who in turn, shall provide it to the City prior to the time a contract, purchase order, or other
contracting document is awarded or authorized.
During the course of contract performance:
the contractor shall not enter into a contract with a subcontractor unless the
subcontractor first provides the contractor with a valid proof of business registration.
the contractor shall maintain and submit to the Contracting Agency a list of
subcontractors and their addresses that may be updated from time to time.
the contractor and any subcontractor providing goods or performing services under
the contract, and each of their affiliates, shall collect and remit to the Director of the
Division of Taxation in the Department of the Treasury, the use tax due pursuant to
the Sales and Use Tax Act, (N.J.S.A. 54:32B-1 et seq.) on all sales of tangible
personal property delivered into the State. Any questions in this regard can be
directed to the Division of Taxation at (609)292-6400.FormNJ-REG can be filed
online at www.state.nj.us/treasury/revenue/busregcert.shtml.
Before final payment is made under the contract, the contractor shall submit to the Contracting
Agency a complete and accurate list of all subcontractors used and their addresses.
Pursuant to N.J.S.A. 54:49-4.1, a business organization that fails to provide a copy of a
business registration as required, or that provides false business registration information, shall
be liable for a penalty of $25 for each day of violation, not to exceed $50,000, for each proof
of business registration not properly provided under a contract with a contracting agency.
Page 17 of 115
Emergency Purchases or Contracts. For purchases of an emergent nature, the contractor shall
provide its Business Registration Certificate within two weeks from the date of purchase or
execution of the contract or prior to payment for goods or services, whichever is earlier.
B.
MANDATORY AFFIRMATIVE ACTION CERTIFICATION
No firm may be issued a contract unless it complies with the affirmative action regulations of
N.J.S.A. 10:5-31 et seq. (P.L. 1975, c. 127).
1.
Procurement, Professional and Service Contracts
All successful vendors must submit, within seven (7) days after the receipt of the notice
of intent to award the contract or the receipt of the contract, one of the following:
i.
A photocopy of a valid letter for an approved Federal Affirmative Action Plan
(good for one year from the date of the letter), or
ii.
A photocopy of an approved Certificate of Employee Information Report, or
iii.
If the vendor has none of the above, the vendor must submit an initial Affirmative
Action Employee Information Report (AA-302), which is available online at
www.state.nj.us/treasury/contract_compliance/pdf/aa302ins.pdf or from the City
of Hoboken.
2.
Construction Contracts
Successful contractors must submit within three (3) days of the signing of the contract
an Initial Project Manning Report (AA201), which is available online at
www.state.nj.us/treasury/contract_compliance/pdf/aa201.pdf for any contract award that
meets or exceeds the bidding threshold.
C.
NEW JERSEY ANTI-DISCRIMINATION PROVISIONS
The contract for this solicitation/proposal shall require that the contractor agrees not to
discriminate in employment and agrees to abide by all anti-discrimination laws including but not
limited to N.J.S.A 10:2-1.
D.
AMERICANS WITH DISABILITIES ACT OF 1990
Discrimination on the basis of disability in contracting for the purchase of bids and services is
prohibited. The successful bidder is required to read Americans With Disabilities language that
is part of this specification and agrees that the provisions of Title II of the Act are made a part of
the contract. The successful bidder is obligated to comply with the Act and to hold the City
harmless.
E.
PREVAILING WAGE ACT
Notwithstanding anything herein to the contrary, bidders shall not pay any worker at a rate less
than the greater wage requirement of the Davis-Bacon Act, 40 U.S.C. 3141-3148 or the New
Page 18 of 115
Jersey Prevailing Wage Act, N.J.S.A. 34:11-56.25 et seq. The contractor shall be required to
submit a certified payroll record to the owner within ten (10) days of the payment of the wages.
Payment of wages to any worker employed by the contractor or any subcontractor at a rate less
than the prevailing wage required by law is a material breach of contract. In such event and
without limiting any other rights or remedies, the owner 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.
The contractor is also responsible for obtaining and submitting all subcontractors' certified payroll
records within the aforementioned time period. The contractor shall submit said certified payrolls
in the form set forth in N.J.A.C. 12:60- 6.1(c). It is the contractor's responsibility to obtain any
additional copies of the certified payroll form to be submitted by contacting the New Jersey
Department of Labor and Workforce Development, Division of Workplace Standards. Additional
information is available at:
http://lwd.dol.state.nj.us/labor/wagehour/wagerate/pwr_construction.html
Furthermore, the contractor hereby agrees to provide invoices and other non-proprietary
documents in accordance with OPRA and/or the Common Law Right to Access and the
contractor shall be required to do any and all redaction of invoice which becomes necessary at
its sole cost and expense. Should the contractor fail and/or refuse to provide documents as
required hereunder the contractor shall hold the City harmless from any OPRA claims and/or
damages associated therewith.
Current Hudson County prevailing wage rates can be found here:
https://lwdwebpt.dol.state.nj.us/archivewages/338120812-hudson-12-3-24.pdf
Current New Jersey Statewide prevailing wage rates can be found here:
https://lwdwebpt.dol.state.nj.us/archivewages/338120924-statewide-12-3-24.pdf
Current Davis-Bacon prevailing wage rates for Hudson County, New Jersey can be found
here: https://sam.gov/wage-determination/NJ20240002/6
F.
PUBLIC WORKS CONTRACTOR REGISTRATION ACT
N.J.S.A. 34:11-56.48 et seq. requires that a general or prime contractor and any listed
subcontractors named in the contractor’s bid proposal shall possess a certificate of registration
at the time the bid proposal is submitted. After bid proposals are received and prior to award of
contract, the successful contractor shall submit a copy of the contractor’s certification along with
those of all listed subcontractors. All non-listed subcontractors and lower tier sub-subcontractors
shall be registered prior to starting work on the project. It is the general contractor’s responsibility
to confirm that all non-listed sub- contractors at any tier have their certificate prior to starting work
on the job.
Under the law a “contractor” is “a person, partnership, association, joint stock company, trust,
corporation or other legal business entity or successor thereof who enters into a contract” which is
subject to the provisions of the New Jersey Prevailing Wage Act [N.J.S.A. 34:11-56.25, et seq.] It
applies to contractors based in New Jersey or in another state.
To register, a contractor must provide the State Department of Labor with a full and accurately
completed
application
form.
The
form
is
available
online
at
www.state.nj.us/labor/lsse/lspubcon.html.
Page 19 of 115
N.J.S.A. 34:11-56.55 specifically prohibits a Contracting Agency from accepting applications
for registration as a substitute for a certificate of registration.
G.
STATEMENT OF OWNERSHIP DISCLOSURE
N.J.S.A. 52:25-24.2 provides that no business organization, regardless of form of ownership
shall be awarded any contract for the performance of any work or the furnishing of any goods
and services, unless, prior to the receipt of the bid or accompanying the bid of said business
organization, bidders shall submit a statement setting forth the names and addresses of all
persons and entities that own ten percent or more of its stock or interest of any type at all levels
of ownership. The disclosure shall be continued until names and addresses of every
noncorporate stockholder, and individual partner, and member exceeding the ten percent
ownership, has been listed.
The Statement of Ownership shall be completed and attached to the bid proposal. This
requirement applies to all forms of business organizations, including, but not limited to,
corporations and partnerships, publicly-owned corporations, limited partnerships, limited liability
corporations, limited liability partnerships, sole proprietorship, and Subchapter S corporations.
***Failure to submit a disclosure document shall result in rejection of the bid as it cannot
be remedied after bids have been opened.
Not-for-profit entities should fill in their name, check the not-for-profit box, and certify the form.
No other information is necessary.
H.
THE NEW JERSEY WORKER AND COMMUNITY RIGHT TO KNOW ACT
The manufacturer or supplier of a substance or mixture shall supply the Chemical Abstracts
Service number of all the components of the mixture or substance and the chemical name. The
manufacturer and supplier must properly label each container. Further, all applicable Material
Safety Data Sheets (MSDS) - HAZARDOUS SUBSTANCE FACT SHEET - must be furnished.
I.
NON-COLLUSION AFFIDAVIT (MUST BE NOTARIZED)
The Non-Collusion Affidavit, which is part of these specifications, shall be properly executed and
submitted with the bid proposal.
J.
NUCLEAR-FREE HOBOKEN ORDINANCE STATEMENT
The Nuclear-Free Hoboken Ordinance Statement, which is part of these specifications, shall be
properly executed and submitted with the bid proposal.
K.
STATEMENT OF UNDERSTANDING
The Statement of Understanding, which is part of these specifications, shall be properly
executed and submitted with the bid proposal.
L. DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
N.J.S.A. 52:32-55 prohibits State and local public contracts with persons or entities engaging in
certain investment activities in energy or finance sectors of Iran. Vendors must complete the
enclosed Disclosure of Investment Activities in Iran prior to the time a contract is awarded, and
if relevant, at the time a contract is renewed. Pursuant to N.J.S.A. 40A:11-2.1 the owner is
Page 20 of 115
required to notify the New Jersey Attorney General if it determines a false certification has been
submitted.
M.
EQUIPMENT CERTIFICATION
Bidder shall certify on the Equipment Certification form that they control or have access to
equipment necessary to do the required work if awarded the contract. If the bidder does not
own or lease the equipment, a certification from the owner of the equipment that the bidder will
have access to the equipment is required with the bid. (N.J.S.A. 40:11-20)
N.
AMERICAN GOODS AND PRODUCTS TO BE USED WHERE POSSIBLE
Only manufactured and farm products of the United States, wherever available, shall be used
pursuant to N.J.S.A. 40A:11-18.
O.
DAVIS BACON ACT
If this project is being funded with Federal Funds the vendor shall be subject to the provisions
of the Federal Labor Standards (Davis Bacon), which shall be required as a condition of the
contract. Additional information may be obtained at http://www.wdol.gov/.
R.
FEDERAL DEBARMENT – Consequences for Certain Public Works Contracts
Pursuant to P N.J.S.A. 52:32-44.1, a contractor, and any affiliate of contractor, that is debarred
from contracting with a federal government agency is prohibited from contracting for “public
work” with any State or local government entity.
VIII. METHOD OF CONTRACT AWARD
A.
All contracts shall be for 12 consecutive months unless otherwise noted in technical or
supplemental specifications.
B.
The City may award the work on the basis of the Base Bid, combined with such Alternates as
selected, until a net amount is reached which is within the funds available.
C.
If the award is to be made on the basis of Base Bids only, it will be made to that responsible
bidder whose Base Bid is the lowest. If the award is to be made on the basis of a combination
of a Base Bid with Alternate(s), it will be made to that responsible bidder whose net bid on such
combination is the lowest.
D.
The City may also elect to award the work on the basis of line items or unit prices, whichever
results in the lowest total amount.
E.
The successful bidder will not assign any interest in this contract and shall not transfer any
interest in the same without the prior written consent of the City.
IX. REJECTION OF BIDS
A.
Availability of Funds
Pursuant to statutory requirements, any contract resulting from this bid shall be subject to the
availability and appropriation of sufficient funds annually.
Page 21 of 115
B.
Multiple Bids Not Allowed
More than one bid from an individual, a firm or partnership, a corporation or association under
the same or different names shall not be considered.
C.
Unbalanced Bids
The City may reject bids when it has sound business reasons which are in the best interest of
the City. The amount bid for each pay item shall reflect the actual cost the bidder reasonably
anticipates that performance of that pay item will entail, together with a proportional share of the
cost to perform the Work for which no separate pay item is provided plus a proportional share
of the bidder’s anticipated overhead and profit. Bids that are materially unbalanced in the City’s
sole discretion will be considered unresponsive. The City reserves the right to reject all
nonconforming, nonresponsive, unbalanced or conditional bids, including and not limited to, bids
which are structured on the basis of nominal prices for some items and inflated prices for other
items creating, in the City’s reasonable judgment, the possibility that: (1) progress payments for
items completed early in the project may result in the unpaid project balance being insufficient
to complete the Work; or (2) an award to the bidder will not result in the lowest ultimate cost to
the City, taking into consideration the reasonable potential for adjustment of quantities of bid
items.
D.
Unsatisfactory Past Performance
The City reserves the right to disqualify a bidder who would otherwise be determined to be the
lowest responsible bidder if the City finds that it had had prior negative experience with the
bidder under New Jersey law. N.J.S.A. 40A:11-4.
E.
Failure to Enter Contract
Should the bidder to whom the contract is awarded fail to enter into a contract within 21 days of
notice of contract award, Sundays and holidays excepted, the City may then, at its option, accept
the bid of the next lowest responsible bidder.
F.
Rejection of All Bids
The City reserves the right to reject all bids for the reasons stated in N.J.S.A. 40A:11-13.2.
X. TERMINATION OF CONTRACT
A.
If, through any cause, the successful bidder shall fail to fulfill in a timely and proper manner
obligations under this contract or if the contractor shall violate any of the requirements of this
contract, the City shall thereupon have the right to terminate this contract by giving written notice
to the contractor of such termination and specifying the effective date of termination. Such
termination shall relieve the City of any obligation for balances to the contractor of any sum or
sums set forth in the contract.
B.
Notwithstanding the above, the contractor shall not be relieved of liability to the City for damages
sustained by the City by virtue of any breach of the contract by the contractor and the City may
Page 22 of 115
withhold any payments to the contractor for the purpose of compensation until such time as the
exact amount of the damage due the City from the contractor is determined.
C.
The contractor agrees to indemnify and hold the City harmless from any liability to
subcontractors/suppliers concerning payment for work performed or goods supplied arising out
of the lawful termination of the contract by the City under this provision.
D.
In case of default by the successful bidder, the City may procure the articles or services from
other sources and hold the successful bidder responsible for any excess cost occasioned
thereby.
E.
Continuation of the terms of this contract beyond the fiscal year is contingent on availability of
funds in the following year's budget. In the event of unavailability of such funds, the City
reserves the right to cancel this contract.
XI. TIME IS OF THE ESSENCE
The work contemplated under this Contract shall be completed within the time specified in the contract
documents. The Contractor shall commence the work not later than 10 calendar days after the notice
to proceed. The completion time shall include, but not be limited to, the time necessary to prepare shop
drawings, to order, process, and deliver all equipment and materials, to obtain necessary permits and
approvals, to perform the proper installation contemplated under this contract and all else necessary
and incidental in connection with the performance of this Contract. By submitting a bid, the contractor
acknowledges that time is of the essence and that time specifications contained within the bid, including
without limitation, the date of completion shall be strictly construed.
Liquidated Damages. In the event of the failure of the Contractor to complete the said work within the
time stated in the Contract, the Contractor shall be liable to the City in the sum of TWO-THOUSAND
DOLLARS ($2,000.00) per day for each and every calendar day that the work remains incomplete in
accordance with designated phased completions. This sum shall be treated as liquidated damages
(and not a penalty) for the loss to the City of the use of premises in a completed state of construction,
alteration or repair, and for added administration and inspection costs to the City on account of the
delay; provided, however, that the said liquidated damages shall be in addition to other consequential
losses or damages that the City may incur by reason of such delay, such as, but not limited to,
reasonable attorney’s fees, all additional consequential Architectural and Engineering fees incurred
including, but not necessarily limited to, additional design work, submittal reviews, correspondence,
inspections, job meetings, reviewing applications for payment, punch lists, and similar services, etc. by
the City after the scheduled date of substantial completion, other added costs of the project and the
cost of furnishing temporary services, if any. Any such sums for which the Contractor is liable may be
deducted by the City from any monies due or to become due to the Contractor. The City, in its discretion,
may deduct and retain out of any money due or to become due hereunder the amount of the liquidated
damages. Failure of the City to withhold estimated liquidated damages from payments due the
Contractor shall not be deemed a waiver of liquidated or estimated liquidated damages.
XII. BUSINESS INTERRUPTION
In the event that business interruption is necessary due to testing, switchover or for any other reason,
it must be properly arranged in writing in advance with the Business Administrator. A minimum 48-hour
advance notice is absolutely necessary.
Page 23 of 115
Testing and switchover shall take place during non-business hours to limit disruption to municipal offices
and services.
XIII. LIMIT ON OVERHEAD AND PROFIT FOR CHANGE ORDER
Unless otherwise provided in the Bid Documents and/or unless otherwise determined by the Owner’s
Engineer based on the specific circumstances of the bid, overhead shall include all other expenses for
which the contractor seeks reimbursement which are not included in material and labor costs.
The Prime Contractor’s maximum allowable overhead and profit shall be as follows:
Work performed by own forces – 15% combined overhead and profit.
Work performed by Subcontractors – 7% combined overhead and profit.
XIV. PAYMENT TERMS
Based on evaluations of the Contractor's Applications for Payment, the City’s consultant will review and
certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. Once
approved, payment vouchers with appropriate invoices are publicly approved at the scheduled City
council meetings. The schedule for the City council meetings is available on the City website. All
payment vouchers/invoices approved at each meeting are paid by checks which are mailed the day
after each meeting. Under no circumstances may checks be picked-up by the vendor/contractor.
The City shall pay the net amount of all invoice amounts within sixty (60) days of the date of vendor’s
properly executed invoice. Invoices shall not be sent earlier than the date on which the
Products/services related thereto are delivered to the City.
Furthermore, the City will not accept any delivery of goods or services ‘C.O.D.’.
There are no exceptions to these procedural requirements.
Page 24 of 115
Exhibit A
AMERICANS WITH DISABILITIES ACT OF 1990
Equal Opportunity for Individuals with Disabilities
The Bidder and the City of Hoboken, (hereafter “City”) do hereby agree that the provisions of Title II 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 City pursuant
to this contract, the Bidder agrees that the performance shall be in strict compliance with the Act. In the
event that the Bidder, its agents, servants, employees, or subcontractors violate or are alleged to have
violated the Act during the performance of this contract, the Bidder shall defend the City in any action
or administrative proceeding commenced pursuant to this Act. The Bidder shall indemnify, protect, and
save harmless the City, 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 Bidder 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 City’s
grievance procedure, the Bidder agrees to a proposal by any decision of the City which is rendered
pursuant to said grievance procedure. If any action or administrative proceeding results in an award of
damages against the City, or if the City incurs any expense to cure a violation of the ADA which has
been brought pursuant to its grievance procedure, the Bidder shall satisfy and discharge the same at
its own expense.
The City shall, as soon as practicable after a claim has been made against it, give written notice thereof
to the Bidder along with full and complete particulars of the claim. If any action or administrative
proceeding is brought against the City or any of its agents, servants, and employees, the City shall
expeditiously forward or have forwarded to the Bidder every demand, complaint, notice, summons,
pleading, or other process received by the City or its representatives.
It is expressly agreed and understood that any approval by the City of the services provided by the
Bidder pursuant to this contract will not relieve the Bidder of the obligation to comply with the Act and
to defend, indemnify, protect, and save harmless the City pursuant to this paragraph.
It is further agreed and understood that the City assumes no obligation to indemnify or save harmless
the Bidder, its agents, servants, employees and subcontractors for any claim which may arise out of
their performance of this Agreement. Furthermore, the Bidder expressly understands and agrees that
the provisions of this indemnification clause shall in no way limit the Bidder’s obligations assumed in
this Agreement, nor shall they be construed to relieve the Bidder from any liability, nor preclude the City
from taking any other actions available to it under any other provisions of the Agreement or otherwise
at law.
Page 25 of 115
EXHIBIT B
NEW JERSEY ANTI-DISCRIMINATION PROVISIONS
N.J.S.A. 10:2-1 ET SEQ.
Pursuant to N.J.S.A. 10:2-1, if awarded a contract, the Contractor agrees that:
a.
In the hiring of persons for the performance of work under this contract or any
subcontract hereunder, or for the procurement, manufacture, assembling or furnishing of any
such materials, equipment, supplies or services to be acquired under this contract, no contractor,
nor any person acting on behalf of such contractor or subcontractor, shall, by reason of race,
creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or
sexual orientation or sex, discriminate against any person who is qualified and available to
perform the work to which the employment relates;
b.
No contractor, subcontractor, nor any person on his behalf shall, in any manner,
discriminate against or intimidate any employee engaged in the performance of work under this
contract or any subcontract hereunder, or engaged in the procurement, manufacture, assembling
or furnishing of any such materials, equipment, supplies or services to be acquired under such
contract, on account of race, creed, color, national origin, ancestry, marital status, gender identity
or expression, affectional or sexual orientation or sex;
c.
There may be deducted from the amount payable to the contractor by the contracting
public agency, under this contract, a penalty of $50.00 for each person for each calendar day
during which such person is discriminated against or intimidated in violation of the provisions of
the contract; and
d.
This contract may be canceled or terminated by the contracting public agency, and all
money due or to become due hereunder may be forfeited, for any violation of this section of the
contract occurring after notice to the contractor from the contracting public agency of any prior
violation of this section of the contract.
No provision in this section shall be construed to prevent a board of education from designating
that a contract, subcontract or other means of procurement of goods, services, equipment or
construction shall be awarded to a small business enterprise, minority business enterprise or a
women's business enterprise pursuant to P.L.1985, c.490 (C.18A:18A-51 et seq.).
Page 26 of 115
Page 27 of 115
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BIDDER CHECKLIST OF MANDATORY FORMS & REQUIRED DOCUMENTS
Bid No. 24-13 / FRANK SINATRA DRIVE COMPLETE STREETS REDESIGN
PHASE 2 OF 2 – FRANK SINATRA DRIVE
CITY OF HOBOKEN
Each bidder is required to complete this checklist of all mandatory items that are required to be
submitted with the bid. Except as otherwise noted, the absence of any of these mandatory forms
from the sealed bid package will be sufficient for the rejection of the entire bid.
One (1) original and one (1) duplicate paper copy plus one (1) electronic copy (on CD, DVD, or
USB) of these Mandatory Forms & Required Documents shall be submitted with the Bid
Proposal.
FORM #
FORM or DOCUMENT NAME
BIDDER’S
INITIALS
1.
*Certification Of Affirmative Action Compliance
2.
Americans With Disabilities Act Of 1990 - Acknowledgement Form
3.
*Disclosure Of Investment Activities In Iran
4.
Prevailing Wage Affidavit
5.
Statement Of Ownership Disclosure
6.
Exhibit C-Provisions Concerning Changed Conditions in Construction Contracts
7.
Non-Collusion Affidavit (Notarized)
8.
Nuclear-Free Hoboken Ordinance Form
9.
Statement Of Understanding
10.
Naming Of Subcontractors Form (Includes ALL, plumbing, asbestos, etc.)
11.
Bidder’s Affidavit
12.
Bid Bond
13.
Consent Of Surety
14.
Acknowledgement Of Surety
15.
Bidder’s Safety Acknowledgement Form
16.
Bidder’s Qualification Form
17.
Plant And Equipment Questionnaire & Status Of Contracts On Hand
18.
Exception To Specifications
19.
Acknowledgement Of Receipt Of Addenda
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20.
Schedule Of Prices
21.
Bid Proposal
22.
Certification Of Equal Employment Opportunity Compliance
23.
Certification Of Non-Segregated Facilities
24.
Eligibility Affidavit-State of NJ Debarred List Affidavit
25.
Acknowledgement Of American Iron and Steel Requirements
26.
*Federal Debarment Certification
ADDITIONAL REQUIRED DOCUMENTS –
*Proof of Business Registration (includes for all listed subcontractors)
Evidence of Public Works Contractor Registration (includes for all listed
subcontractors)
**Evidence of Coverages for Required Insurance Listed in Notice to Bidders,
Part V.
Licenses & Certificates as required by Law (eg. Electrical, Plumbing, Asbestos,
etc. Licenses, or any additional requirements stated in the bid specifications.)
* Statutorily allowed to be provided with proposal OR prior to execution of contract.
**Certificate of Insurance must be submitted together with the signed contract.
BIDDER: ______________________________________________
AUTHORIZED SIGNATURE:_______________________________
PRINT
NAME:_________________________TITLE:__________________________DATE:____________
Page 30 of 115
1. CERTIFICATION OF AFFIRMATIVE ACTION COMPLIANCE
N.J.S.A. 10:5-31 et seq. (P.L.1975, c.127)
N.J.A.C. 17:27-1.1 et seq.
CONSTRUCTION CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate against any employee or
applicant for employment because of age, race, creed, color, national origin, ancestry, marital status,
affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with
respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure
that equal employment opportunity is afforded to such applicants in recruitment and employment, and
that employees are treated during employment, without regard to their age, race, creed, color, national
origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability,
nationality or sex. Such equal employment opportunity shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The 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 will send to each labor union, with which it has a collective bargaining
agreement, a notice, to be provided by the agency contracting officer, advising the labor union or
workers' representative of the contractor's commitments under this act and shall post copies of the
notice in conspicuous places available to employees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated
by the Treasurer, pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to
time and the Americans with Disabilities Act.
When hiring or scheduling workers in each construction trade, the contractor or subcontractor agrees
to make good faith efforts to employ minority and women workers in each construction trade consistent
with the targeted employment goal prescribed by N.J.A.C. l7:27-7.2; provided, however, that the Dept.
of LWD, Construction EEO Monitoring Program, may, in its discretion, exempt a contractor or
subcontractor from compliance with the good faith procedures prescribed by the following provisions,
A, B, and C, as long as the Dept. of LWD, Construction EEO Monitoring Program is satisfied that the
contractor or subcontractor is employing workers provided by a union which provides evidence, in
accordance with standards prescribed by the Dept. of LWD, Construction EEO Monitoring Program,
that its percentage of active “card carrying” members who are minority and women workers is equal to
or greater than the targeted employment goal established in accordance with N.J.A.C. 17:27-7.2. The
Page 31 of 115
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 sub-
contractor as it fulfills its affirmative action obligations under this contract and in accordance with
the rules promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et. seq., as supplemented
and amended from time to time and the Americans with Disabilities Act. If the contractor or
subcontractor is unable to obtain said assurances from the construction trade union at least five
business days prior to the commencement of construction work, the contractor or subcontractor
agrees to afford equal employment opportunities minority and women workers directly,
consistent with this chapter. If the contractor's or subcontractor's prior experience with a
construction trade union, regardless of whether the union has provided said assurances,
indicates a significant possibility that the trade union will not refer sufficient minority and women
workers consistent with affording equal employment opportunities as specified in this chapter,
the contractor or subcontractor agrees to be prepared to provide such opportunities to minority
and women workers directly, consistent with this chapter, by complying with the hiring or
scheduling procedures prescribed under (B) below; and the contractor or subcontractor further
agrees to take said action immediately if it determines that the union is not referring minority and
women workers consistent with the equal employment opportunity goals set forth in this chapter.
B. If good faith efforts to meet targeted employment goals have not or cannot be met for each
construction trade by adhering to the procedures of (A) above, or if the contractor does not have
a referral agreement or arrangement with a union for a construction trade, the contractor or
subcontractor agrees to take the following actions:
(1) To notify the public agency compliance officer, the Dept. of LWD, Construction EEO
Monitoring Program, and minority and women referral organizations listed by the Division
pursuant to N.J.A.C. 17:27-5.3, of its workforce needs, and request referral of minority and
women workers;
(2) To notify any minority and women workers who have been listed with it as awaiting available
vacancies;
(3) Prior to commencement of work, to request that the local construction trade union refer
minority and women workers to fill job openings, provided the contractor or subcontractor
has a referral agreement or arrangement with a union for the construction trade;
(4) To leave standing requests for additional referral to minority and women workers with the
local construction trade union, provided the contractor or subcontractor has a referral
agreement or arrangement with a union for the construction trade, the State Training and
Employment Service and other approved referral sources in the area;
(5) If it is necessary to lay off some of the workers in a given trade on the construction site,
layoffs shall be conducted in compliance with the equal employment opportunity and non-
Page 32 of 115
discrimination standards set forth in this regulation, as well as with applicable Federal and
State court decisions;
(6) To adhere to the following procedure when minority and women workers apply or are
referred to the contractor or subcontractor:
(i)
The contactor or subcontractor shall interview the referred minority or women worker.
(ii)
If said individuals have never previously received any document or certification
signifying a level of qualification lower than that required in order to perform the work
of the construction trade, the contractor or subcontractor shall in good faith determine
the qualifications of such individuals. The contractor or subcontractor shall hire or
schedule those individuals who satisfy appropriate qualification standards in
conformity with the equal employment opportunity and non-discrimination principles
set forth in this chapter. However, a contractor or subcontractor shall determine that
the individual at least possesses the requisite skills, and experience recognized by a
union, apprentice program or a referral agency, provided the referral agency is
acceptable to the Dept. of LWD, Construction EEO Monitoring Program. If necessary,
the contractor or subcontractor shall hire or schedule minority and women workers
who qualify as trainees pursuant to these rules. All of the requirements, however, are
limited by the provisions of (C) below.
(iii)
The name of any interested women or minority individual shall be maintained on a
waiting list, and shall be considered for employment as described in (i) above,
whenever vacancies occur. At the request of the Dept. of LWD, Construction EEO
Monitoring Program, the contractor or subcontractor shall provide evidence of its
good faith efforts to employ women and minorities from the list to fill vacancies.
(iv)
If, for any reason, said contractor or subcontractor determines that a minority
individual or a woman is not qualified or if the individual qualifies as an advanced
trainee or apprentice, the contractor or subcontractor shall inform the individual in
writing of the reasons for the determination, maintain a copy of the determination in
its files, and send a copy to the public agency compliance officer and to the Dept. of
LWD, Construction EEO Monitoring Program.
(7) To keep a complete and accurate record of all requests made for the referral of workers in
any trade covered by the contract, on forms made available by the Dept. of LWD,
Construction EEO Monitoring Program and submitted promptly to the Dept. of LWD,
Construction EEO Monitoring Program upon request.
C. The contractor or subcontractor agrees that nothing contained in (B) above shall preclude the
contractor or subcontractor from complying with the union hiring hall or apprentice-ship policies
in any applicable collective bargaining agreement or union hiring hall arrangement, and, where
required by custom or agreement, it shall send journeymen and trainees to the union for referral,
or to the apprenticeship program for admission, pursuant to such agreement or arrangement.
However, where the practices of a union or apprenticeship program will result in the exclusion
of minorities and women or the failure to refer minorities and women consistent with the targeted
Page 33 of 115
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 Dept. of LWD, Construction
EEO Monitoring Program an Initial Project Workforce Report (Form AA-201) electronically
provided to the public agency by the Dept. of LWD, Construction EEO Monitoring
Program, through its web-site, for distribution to and completion by the contractor, in
accordance with N.J.A.C. 17:27-7. The contractor also agrees to submit a copy of the Monthly
Project Workforce Report once a month thereafter for the duration of this contract to the Dept.
of LWD, Construction EEO Monitoring Program, and to the public agency compliance officer.
The contractor agrees to cooperate with the public agency in the payment of budgeted funds,
as is necessary, for on-the-job and/or off-the job programs for outreach and training of minorities
and women.
D. The contractor and its subcontractors shall furnish such reports or other documents to the Dept.
of LWD, Construction EEO Monitoring Program as may be requested by the Dept. of LWD,
Construction EEO Monitoring Program from time to time in order to carry out the purposes of
these regulations, and public agencies shall furnish such information as may be re-quested by
the Dept. of LWD, Construction EEO Monitoring Program for conducting a compliance
investigation pursuant to N.J.A.C. 17:27-1.1 et seq.
BIDDER: ______________________________________________
AUTHORIZED SIGNATURE:_______________________________
PRINT
NAME:_________________________TITLE:__________________________DATE:____________
Page 34 of 115
2. AMERICANS WITH DISABILITIES ACT OF 1990
ACKNOWLEDGEMENT FORM
This form is an agreement of the successful Vendor’s obligations to comply with the requirements of 42
U.S.C. §121.01 et seq., referred to as the Americans With Disabilities Act of 1990.
The undersigned Vendor hereby acknowledges receipt of the Americans With Disabilities Act of 1990
found at Exhibit A of this packet.
The undersigned Vendor hereby certifies that he/she is aware of the commitment to comply with the
requirements of 42 U.S.C. §121.01 et seq. and agrees to furnish any required forms as evidence of
compliance.
The undersigned Vendor further certifies that he/she understands that his/her proposal shall
be rejected as non-responsive, and any contract entered into shall be void and of no effect if
said Vendor fails to comply with the requirements of 42 U.S.C. §121.01 et seq.
BIDDER: ______________________________________________
AUTHORIZED SIGNATURE:_______________________________
PRINT
NAME:_________________________TITLE:__________________________DATE:____________
Page 35 of 115
3. DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
City of Hoboken
PART 1: CERTIFICATION
BIDDERS MUST COMPLETE PART 1 BY CHECKING EITHER BOX.
FAILURE TO CHECK EITHER BOX WILL RENDER THE PROPOSAL NON-RESPONSIVE.
Pursuant to N.J.S.A. § 52:32-57 et seq. (Public Law 2012, c. 25, and P.L. 2021, c.4) any person or
entity that submits a bid or proposal or 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 http://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 may
be cause for the bid to be rejected. If the Director finds a person or entity to be in violation of law,
s/he shall take action as may be appropriate and provided by law, rule or contract, including but not
limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default
and seeking debarment or suspension of the party.
PLEASE CHECK EITHER BOX:
I certify, pursuant to Public Law 2012, c. 25, that neither the person/entity listed above
nor any of the entity’s parents, subsidiaries, or affiliates is listed on the N.J. Department
of the 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 above, or I am
an officer or representative of the entity listed above and am authorized to make this certification
on its behalf. I will skip Part 2 and sign and complete the Certification below.
OR
I am unable to certify as above because I or the bidding entity and/or one or more of its
parents, subsidiaries, or affiliates is listed on the Department’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
assessed 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 or affiliates, engaging in the investment activities in Iran
outlined above by completing the boxes below.
PROVIDE INFORMATION RELATIVE TO THE ABOVE QUESTIONS. PLEASE PROVIDE
THOROUGH ANSWERS TO EACH QUESTION. IF YOU NEED TO MAKE ADDITIONAL ENTRIES,
USE ADDITIONAL PAGES.
Name of Entity Investing In Iran: ________________________________
Relationship to Bidder/Vendor: __________________________________
Page 36 of 115
Description of Activities:
Duration of Engagement:
Anticipated Cessation Date
Bidder/Vendor
Contact Name:
Contact Phone Number:
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 City of Hoboken is relying on the information contained herein and thereby
acknowledge that I am under a continuing obligation from the date of this certification through the
completion of contracts with the City to notify the City 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 agreements(s) with the
City of Hoboken and that the City at its option may declare any contract(s) resulting from this certification
void and unenforceable.
BIDDER: ______________________________________________
AUTHORIZED SIGNATURE:_______________________________
PRINT
NAME:_________________________TITLE:__________________________DATE:____________
Page 37 of 115
4. PREVAILING WAGE AFFIDAVIT
The successful bidder agrees to comply with the New Jersey Prevailing Wage Act, N.J.S.A. 34:11-56.25
(P.L. 1963, Chapter 150) (“the Act”) for contracts entered into with the City of Hoboken, except those
contracts which are not within the scope of the Act. Bidder shall rely solely and exclusively upon its
own determination as to whether the Act applies to a given contract.
The successful bidder and any of its subcontractors shall be obligated to pay the prevailing wage, to
submit certified payrolls as documentation of compliance, if requested, and to permit on-site monitoring,
including interviews with employees and review subcontracts by City representatives. The bidder's
signature on this proposal is his guarantee that neither he nor any subcontractor he might employ to
perform the work covered by this bid are listed or are on record in the Office of the Commission of the
New Jersey Department of Labor and Workforce Development as one who has failed to pay prevailing
wages in accordance with the provisions of this Act.
Every contractor and subcontractor shall keep an accurate payroll record, showing the name, craft or
trade, job title or classification, actual hourly rate or wages paid, hours worked and total wages paid to
each workman employed by him/her in connection with a public work. Payroll records shall be
preserved for a period of two (2) years from the date of payment.
Pursuant to N.J.S.A. 34:11-56.27, the contract documents must contain a provision “that in the event it
is found that any worker, employed by the contractor or any subcontractor covered by said contract,
has been paid a rate of wages less than the prevailing wage required to be paid by such contract, the
City 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.”
Furthermore, the contractor hereby agrees to provide invoices and other non-proprietary documents in
accordance with OPRA and/or the Common Law Right to Access and the vendor shall be required to
do any and all redaction of invoices which becomes necessary at its sole cost and expense. Should
the contractor fail and/or refuse to provide documents as required hereunder the contractor shall hold
the City harmless from any OPRA claims and/or damages associated therewith.
The successful bidder agrees to indemnify and hold harmless the City of Hoboken, the City Council of
Hoboken and all of its officers, agents and employees of, and from, any and all liability for damages and
attorney fees associated with a New Jersey Department of Labor and Workforce Development
investigation and/or determination that the New Jersey Prevailing Wage Act was not complied with.
If successful bidder’s bid price is ten percent or more lower than that of the next lowest bidder, bidder
further certifies pursuant to N.J.S.A. 34:56.27A that the prevailing wage rates required by the New
Jersey Prevailing Wage Act for the project shall be paid. If this Certification is not provided to the City
prior to award of the contract, bidder understands that the City shall award the contract to the next
lowest bidder.
Signed this ___ day of ________, 20___ as a binding act & deed of __________________________
____________________________
__________________________
Authorized signature & title
Witness Signature
____________________________
___________________________
PRINT - Authorized name & title
Print Name
Page 38 of 115
5. 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)
Name of Individual or Business Entity
Home Address (for Individuals) or Business Address
(Please attach additional sheets if more space is needed)
Part III DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS,
PARTNERS OR LLC MEMBERS LISTED IN PART II
Page 39 of 115
If a bidder has a direct or indirect parent entity which is publicly traded, and any person holds a
10 percent or greater beneficial interest in the publicly traded parent entity as of the last annual
federal Security and Exchange Commission (SEC) or foreign equivalent filing, ownership
disclosure can be met by providing links to the website(s) containing the last annual filing(s) with the
federal Securities and Exchange Commission (or foreign equivalent) that contain the name and address
of each person holding a 10% or greater beneficial interest in the publicly traded parent entity, along
with the relevant page numbers of the filing(s) that contain the information on each such person. Attach
additional sheets if more space is needed.
Website (URL) containing the last annual SEC (or foreign equivalent) filing
Page #’s
Please list the names and addresses of each stockholder, partner or member owning a 10 percent or
greater interest in any corresponding corporation, partnership and/or limited liability company (LLC)
listed in Part II other than for any publicly traded parent entities referenced above. The disclosure
shall be continued until names and addresses of every noncorporate stockholder, and individual
partner, and member exceeding the 10 percent ownership criteria established pursuant to N.J.S.A.
52:25-24.2 has been listed. Attach additional sheets if more space is needed.
Stockholder/Partner/Member and
Corresponding Entity Listed in Part II
Home Address (for Individuals)
or 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 City of Hoboken 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 City of Hoboken to notify the City of Hoboken 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 City of Hoboken to
declare any contract(s) resulting from this certification void and unenforceable.
Full Name
(Print):
Title:
Signature:
Date:
Page 40 of 115
6. Exhibit C
Provisions Concerning Changed Conditions in Construction Contracts
(N.J.S.A. 40A:11-16.7)
a. Differing site conditions:
(1)
If the contractor encounters differing site conditions during the progress of the work of the
contract, the contractor shall promptly notify the contracting unit in writing of the specific differing
site conditions encountered before the site is further disturbed and before any additional work is
performed in the impacted area.
(2)
Upon receipt of a differing site conditions notice in accordance with paragraph (1) of this
subsection, or upon the contracting unit otherwise learning of differing site conditions, the
contracting unit shall promptly undertake an investigation to determine whether differing site
conditions are present.
(3)
If the contracting unit determines different site conditions that may result in additional costs
or delays exist, the contracting unit shall provide prompt written notice to the contractor containing
directions on how to proceed.
(4)
(a)
The contracting unit shall make a fair and equitable adjustment to the contract price and
contract completion date for increased costs and delays resulting from the agreed upon differing
site conditions encountered by the contractor.
(b)
If both parties agree that the contracting unit’s investigation and directions decrease the
contractor’s costs or time of performance, the contracting unit shall be entitled to a fair and
equitable downward adjustment of the contract price or time of performance.
(c)
If the contracting unit determines that there are no differing site conditions present
that would result in additional costs or delays, the contracting unit shall so advise the
contractor, in writing, and the contractor shall resume performance of the contract, and shall be
entitled to pursue a differing site conditions claim against the contracting unit for additional
compensation or time attributable to the alleged differing site conditions.
(5)
Execution of the contract by the contractor shall constitute a representation that the
contractor has visited the site and has become generally familiar with the local conditions under
which the work is to be performed.
(6)
As used in this subsection, “differing site conditions” mean physical conditions at the
contract work site that are subsurface or otherwise concealed and which differ materially from those
indicated in the contract documents or are of such an unusual nature that the conditions differ
materially from those ordinarily encountered and generally recognized as inherent in the work of the
character provided for in the contract.
b. Suspension of Work:
(1) The contracting unit shall provide written notice to the contractor in advance of any
suspension of work lasting more than 10 calendar days of the performance of all or any portion of
the work of the contract.
(2) 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
Page 41 of 115
compensation for any resultant delay to the project completion or additional contractor expenses,
and to an extension of time, provided that, to the extent feasible, the contractor, within 10 calendar
days following the conclusion of the suspension, notifies the contracting unit, in writing, of the nature
and extent of the suspension of work. The notice shall include available supporting information,
which information may thereafter be supplemented by the contractor as needed and as may be
reasonably requested by the contracting unit. Whenever a work suspension exceeds 60 days, upon
seven days’ written notice, either party shall have the option to terminate the contract for cause and
to be fairly and equitably compensated therefor.
(3) Upon receipt of the contractor’s suspension of work notice in accordance with paragraph (2)
of this subsection, the contracting unit shall promptly evaluate the contractor’s notice and promptly
advise the contractor of its determination on how to proceed in writing.
(4)
(a) If the contracting unit determines that the contractor is entitled to additional compensation
or time, the contracting unit shall make a fair and equitable upward adjustment to the contract
price and contract completion date.
(b) If the contracting unit determines that the contractor is not entitled to additional
compensation or time, the contractor shall proceed with the performance of the contract work,
and shall be entitled to pursue a suspension of work claim against the contracting unit for
additional compensation or time attributable to the suspension.
(5) Failure of the contractor to provide timely notice of a suspension of work shall result in a
waiver of a claim if the contracting unit can prove by clear and convincing evidence that the lack of
notice or delayed notice by the contractor actually prejudiced the contracting unit’s ability to
adequately investigate and defend against the claim.
c. Change in character of work provisions:
(1) If the contractor believes that a change directive by the contracting unit results in a material
change to the contract work, the contractor shall so notify the contracting unit in writing. The
contractor shall continue to perform all work on the project that is not the subject of the notice.
(2) Upon receipt of the contractor’s change in character notice in accordance with paragraph (1)
of this subsection, the contracting unit shall promptly evaluate the contractor’s notice and promptly
advise the contractor of its determination on how to proceed in writing.
(3)
(a)
If the contracting unit determines that a change to the contractor’s work caused or
directed by the contracting unit materially changes the character of any aspect of the contract
work, the contracting unit shall make a fair and equitable upward adjustment to the contract
price and contract completion date. The basis for any such price adjustment shall be the
difference between the cost of performance of the work as planned at the time of contracting
and the actual cost of such work as a result of its change in character, or as otherwise mutually
agreed upon by the contractor and the contracting unit prior to the contractor performing the
subject work.
(b)
If the contracting unit determines that the contractor is not entitled to additional
compensation or time, the contractor shall continue the performance of all contract work, and
shall be entitled to pursue a claim against the contracting unit for additional compensation
or time attributable to the alleged material change.
(4) As used in this subsection, “material change” means a character change which increases or
decreases the contractor’s cost of performing the work, increases or decreases the amount of time
by which the contractor completes the work in relation to the contractually required completion date,
or both.
Page 42 of 115
d. Changes in quantity:
(1) The contracting unit may increase or decrease the quantity of work to be performed by the
contractor.
(2)
(a) If the quantity of a pay item is cumulatively increased or decreased by 20
percent or less from the bid proposal quantity, the quantity change shall be
considered a minor change in quantity.
(b) If the quantity of a pay item is increased or decreased by more than 20
percent from the bid proposal quantity, the quantity change shall be considered a
major change in quantity.
(3) For any minor change in quantity, the contracting unit shall make payment for the
quantity of the pay item performed at the bid price for the pay item.
(4)
(a) For a major increase in quantity, the contracting unit or contractor may request
to renegotiate the price for the quantity in excess of 120 percent of the bid
proposal quantity. If a mutual agreement cannot be reached on a negotiated price
for a major quantity increase, the contracting unit shall pay the actual costs plus
an additional 10 percent for overhead and an additional 10 percent for profit,
unless otherwise specified in the original bid.
(b) For a major decrease in quantity, the contracting unit or contractor may
request to renegotiate the price for the quantity of work performed. If a mutual
agreement cannot be reached on a negotiated price for a major quantity decrease,
the contracting unit shall pay the actual costs plus an additional 10 percent for
overhead and an additional 10 percent for profit, unless otherwise specified in the
original bid; provided, however, that the contracting unit shall not make a payment
in an amount that exceeds 80 percent of the value of the bid price multiplied by
the bid proposal quantity.
(5) As used in this subsection, the term “bid proposal quantity” means the quantity
indicated in the bid proposal less the quantities designated in the project plans as “if and
where directed”.
COMPANY: ___________________________________________________
SIGNATURE:
__________________
PRINT NAME:
TITLE:
DATE:
Page 43 of 115
7. NON - COLLUSION AFFIDAVIT
State of New Jersey:
SS
County of Hudson
I, _____________________________ of the City of________________________in the County of
______________________ and the State of ____________________being of age, being duly sworn
according to the law on my oath depose and say: I am the _______________________________
of the firm of__________________________________, the bidder making the sealed bid for the
attached bid, and that I executed the said sealed bid with full authority to do so; that said bidder has
not, directly or indirectly, participated in any collusion, or otherwise taken any action in restraint of free,
competitive bidding in connection with the attached bid; and that all statements contained in said sealed
bid and in this Affidavit are true and correct, and made with full knowledge that the City of Hoboken
relies upon the truth of the statements contained is said sealed bid and in the statements in this Affidavit
in awarding the contract for said bid.
I further warrant pursuant to N.J.S.A. 52:34-15 that no person or selling agency has been
employed or retained to solicit or secure such contract upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee except bona fide employee(s) or bona fide
established commercial or selling agencies maintained by bidder for the purpose of securing business.
In the event of a breach or violation of this warranty the City shall have the right to annul such contract
without liability or in its discretion, to deduct from the contract price the full amount of such commission,
percentage, brokerage or contingent fee.
_________________________________________
(BIDDER)
_____________________________
Signature of Affiant
Sworn and Subscribed to before me this _______day of ____________________20_________
_____________________________
Notary Public
Page 44 of 115
8. THE NUCLEAR-FREE HOBOKEN ORDINANCE
(1) FINDINGS: The People of the City of Hoboken hereby find that:
(a)
Nuclear weapons production, in the United States and in other countries, is draining the
world's resources and presenting humanity with an ever-increasing threat of nuclear war.
(b)
Any participation in the nuclear war industry, locally, federally, or otherwise, directly
condones the possible annihilation of our civilization. We see this as a crime against the
sacredness of our humanity.
(c)
The emphatic expression of our community, along with communities throughout the
world, can help initiate steps by the United States, the Soviet Union, and other nuclear weapons
powers to end the arms race and the proliferation of all nuclear weapon systems.
(2) POLICY: Hoboken shall be established as a Nuclear Free Zone.
A Nuclear Free Zone shall be defined by these requirements:
(a)
No nuclear weapons, delivery systems for such weapons, or components expressly
intended to contribute to the operation, guidance or delivery of a nuclear weapon shall be
produced or stored within the City or its' port.
(b)
No waste from the production of nuclear weapons, their components, or commercial
nuclear power shall be stored within the City or its' port.
(c)
No research furthering nuclear weapons, their components, or commercial nuclear
power shall be stored within the City or its' port.
(d)
The Mayor and Council of the City of Hoboken shall request the United States
Department of Transportation and the New Jersey Department of Transportation to provide the
City with advance notification of any radioactive waste shipment through the City limits. Upon
such notification, the Mayor and Council shall act to prevent transportation of radioactive waste
through the City by seeking an exemption for preemption by Department of Transportation
regulations or using other legal means at their disposal.
(e)
The Mayor and Council of the City of Hoboken shall not do business or award any
municipal contract to any person, firm, or organization engaged in the production of nuclear
weapons or components.
(3) This ordinance expresses the policy of the City of Hoboken. It is not intended to make violations
subject to forfeiture and nothing in this ordinance shall be construed to prohibit or regulate any
activity not specifically described in Subsection (2).
(4) SEVERABILITY: If any portion of this Ordinance is hereafter declared invalid, all remaining portions
shall remain in full force and effect, and to this extent, the provisions of this Ordinance are
severable.
NUCLEAR-FREE HOBOKEN ORDINANCE CERTIFICATION:
I hereby certify that ______________________________ (Name of Bidder) does not engage in the
Production of nuclear weapons or components.
BIDDER: ______________________________________________
AUTHORIZED SIGNATURE:_______________________________
PRINT
NAME:_________________________TITLE:__________________________DATE:____________
Page 45 of 115
9. STATEMENT OF UNDERSTANDING
I, the undersigned, as a duly authorized agent of the Contractor, hereby attest to having read and
understand all items, paragraphs, conditions, regulations, specifications, etc., contained within these
bidding/contract documents and will abide by them. Where Federal requirements cite the term
"Grantee", the Contractor and the City shall be included. The Contractor and the City now known as
"Grantee" shall comply with all requirements, paragraphs, conditions, regulations, specifications, etc.,
contained within these bidding/contract documents.
BIDDER: ______________________________________________
AUTHORIZED SIGNATURE:_______________________________
PRINT
NAME:_________________________TITLE:__________________________DATE:____________
Page 46 of 115
10. NAMING OF SUBCONTRACTORS FORM
N.J.S.A. 40A:11-16 requires that where all the work and materials required to complete the
construction project are to be included in a single overall contract, bidders that propose using
subcontractors for any of the four specialized “sub-prime” categories (i.e. Plumbing and gas fitting and
all kindred work; Steam and hot water heating, ventilating apparatus, steam power plants and kindred
work (HVAC); Electrical work; and Structural steel and ornamental iron work) must submit a certificate
with their bids listing each subcontractor named in the bid for that category.
In addition, the City requires that Bidders list ALL subcontractors to be utilized for the Project.
BIDDER’S CERTIFICATION: If _______________________________________ (BIDDER) is
successfully awarded this project, I, _______________________________________ (Authorized
Representative of Bidder) of the City of ___________________, in the County of __________________
and State of _________________, certify pursuant to N.J.S.A. 40A:11-16 that Bidder shall subcontract
with the following subcontractors if this Bid is successfully awarded to my firm:
NAME OF SUBCONTRACTOR
SCOPE OF WORK
(Use additional sheet of paper if more space required)
BIDDER: ______________________________________________
AUTHORIZED SIGNATURE:_______________________________
PRINT
NAME:_________________________TITLE:__________________________DATE:____________
SWORN TO AND SUBSCRIBED BEFORE ME THIS _____ DAY OF ________________20______.
Page 47 of 115
11. BIDDER’S AFFIDAVIT
STATE OF
COUNTY OF
being duly sworn, deposes and says that he resides at
_________________________________________ and that he is the
(Title)
of
(Name of Bidder)
who signed the Bidder’s Proposal of Bid, that he was duly authorized to sign, that the Bid is the true
offer of the Bidder, that the seal attached is the seal of the Bidder, and that all declarations and
statements contained in the Bid are true to the best of his knowledge and belief.
He further deposes that he has submitted herewith a list of names and addresses of all stockholders
and/or partners owning a 10 percent or greater interest in compliance with N.J.S.A. 52:25-24.2.
Affiant
Subscribed and Sworn before me this ______________day of ________________, 20_____.
(Seal)
(Notary Public)
(Commission expiration date)
Page 48 of 115
12. BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,
as Principal, and
as
Surety, are hereby held and firmly bound unto the City of Hoboken (“City”) in the penal sum of not less
than ten percent of the bid amount to a maximum of $20,000.00 for the payment of which, well and truly
to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators,
successors and assigns.
Signed this
day of
, 20
The condition of the above obligation is such that whereas the Principal has submitted to the City a
certain Bid, attached hereto, and made a part of hereof, to enter into a contract in writing for
NOW THEREFORE,
A)
If said Bid shall be rejected, or, in the alternate,
B)
if said Bid shall be accepted and the Principal shall execute and deliver a contract in the form
of contract to be prepared by the City Attorney (properly completed in accordance with said Bid) and
shall furnish a bond for his faithful performance of said Contract, and shall in all other respects perform
the agreement created by the acceptance of the said Bid,
Then, this obligation shall be void, otherwise the same shall remain in force and effect; it being
expressly understood that all claims hereunder shall, in no event, exceed the penal amount of this
obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its
bond shall be in no way impaired or affected by any extension of the time within which the Principal
may accept such Bid; and said Surety does hereby waive notice of any such extension.
IN WITNESS WHEREOF, the Principal and Surety have set their hands and seals, and such of them
as are corporations having their corporate seals to be hereto affixed and these presents to be signed
by their proper corporate officers, the day and year first set forth above.
Principal:
(L.S.)
Surety:
By:
Page 49 of 115
13. CONSENT OF SURETY
In consideration of the promises (in the Proposal to which this is attached), the undersigned consents
and agrees that if the contract for which the preceding Proposal is made be awarded to the corporation,
person or persons making the same, it shall become bound as surety and a guarantor for its faithful
performance, and shall execute a bond in the form required by the New Jersey R.S. 2A:44-147, said
bond to be in an amount equal to one hundred percent (100%) of the contract price and to be
conditioned so as to indemnify the Owner City of Hoboken, Hudson County, New Jersey, against loss
due to the failure of the Contractor to meet the stipulation of the contract, contract documents, and the
bond, and to guarantee payment to all persons performing or furnishing labor or materials for
performance of said contract and if the said corporation, person or persons shall omit or refuse to
execute such contract if so awarded, it will pay, on demand to the said City of Hoboken, the difference
between the sum to which said corporation, person or persons would have been entitled upon the
completion of such contract and the sum which the said City or Township may hereafter be obliged to
pay the corporation, person or persons to whom a substitute contract may be afterwards awarded, the
amount of the difference to be determined by the bids.
IN WITNESS WHEREOF, said corporation has set its seal and caused these present to be signed by
its duly authorized officers, this ____________day of _______________________________,20
.
ATTEST:
By:
(Seal)
Surety
ATTEST:
By:
COUNTERSIGNED:
Bidder’s Signature & Business Address
Page 50 of 115
14. ACKNOWLEDGMENT OF SURETY
SURETY ACKNOWLEDGEMENT:
STATE OF ________________________________________________________
: SS.
______________________ COUNTY OF ________________________________
On this ______________________ day of ______________________, ____________, before me
personally came _____________________________________ to me known to be the person
described in and, who, being by me duly sworn, did depose and say that he/she resides in
_____________________________that he/she is the Attorney-in-Fact of ______________________
the
corporation
described
in
and
which
executed
the
attached
instrument;
that
_____________________________ knows the corporate seal of the said corporation; that the seal
affixed to the said instrument is such corporate seal; and that it was so affixed by order of the Board of
Directors of the said corporation; and that _____________________ signed his/her name thereto by
like order.
________________________________
(Notary Seal) Notary Public
(Notary Seal)
State of ______________________________
My commission expires:
___________________________________
Page 51 of 115
15. BIDDER’S SAFETY ACKNOWLEDGMENT
The undersigned hereby states that as a principal of the firm submitting this proposal, he or she is fully
aware that all safety regulations of the Occupational Safety and Health Administration (OSHA) and the
requirements of the State of New Jersey Department of Labor and Industry shall be adhered to on this
project and that he or she shall instruct his or her personnel to follow these regulations. These
regulations include, but are not limited to, the regulations concerning Trench Excavation, Competent
Persons and Confined Space Regulations.
If it is observed by an official representative of the municipality that these safety regulations are not
being followed and there exists a potential serious safety deficiency that could result in accident, I
acknowledge that this municipal representative may stop the project until the safety deficiency is
corrected without any claim for additional compensation by this firm.
________________________________
WITNESS OR ATTESTED BY
SIGNATURE
________________________________
DATE
NAME OF ORGANIZATION
PRINT NAME AND TITLE OF
PERSON SIGNING
Page 52 of 115
16. BIDDER’S QUALIFICATION FORM
(This form is part of the Proposal)
Identify at least five (5) jobs performed within the last three (3) years of a similar nature and contract
amount to the Project on which you are submitting this Bid.
1.
Name of Job:
Major Construction Items:
Engineer Name, Address, & Telephone Number:
2.
Name of Job:
Major Construction Items:
Engineer Name, Address, & Telephone Number:
3.
Name of Job:
Major Construction Items:
Engineer Name, Address, & Telephone Number:
4.
Name of Job:
Major Construction Items:
Engineer Name, Address, & Telephone Number:
5.
Name of Job:
Major Construction Items:
Engineer Name, Address, & Telephone Number:
Page 53 of 115
17. PLANT AND EQUIPMENT QUESTIONNAIRE & STATUS OF CONTRACTS ON HAND
Submitted to the City of Hoboken,
A Corporation
by bidder
A Co-partnership
An Individual
(“Bidder”) with a Principal Office at
.
The signatory of this Questionnaire guarantees the truth and accuracy of all statements and of all
answers to the following questions:
1.
In what manner have you inspected the proposed work? Explain in detail.
2.
Explain your plan or layout for performing the proposed work.
3.
The work, if awarded to you, will have the personal supervision of whom?
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
4.
Do you intend to do the proposed work with your own forces?
Page 54 of 115
STATUS OF CONTRACTS ON HAND
5. Give full information about all of your contracts, whether private or government contracts, whether prime or sub-contracts; whether in
progress or awarded but not yet begun; or where you are low bidder pending formal award of contract.
Owner
Location
Description
Adjusted
Contract
Amount
Amount
Completed
and Billed
Additional
Earned Since
Last Estimate
Balance
To Be
Completed
Estimated
Completion
Date
Totals
Page 55 of 115
6.
What equipment does the Bidder own that is available for and intended to be used on the
proposed project?
TABLE 1
Quantity
Item
Description, Size Capacity, Etc.
Condition
Years of
Service
Present
Location
7.
What equipment does the Bidder intend to purchase or lease for use on the proposed work,
should the contract be awarded to Bidder?
TABLE 2
Quantity
Item
Description, Size Capacity, Etc.
Approximate
Purchase
Cost
Lease
Page 56 of 115
8.
Has Bidder made contracts or received firm offers for all materials within prices used in preparing
Bidder’s proposal? Do not give name of dealers or manufacturers.
______Yes
______No
Certification
The Undersigned hereby declare(s) that the items of equipment in Table 1 are owned by Bidder, and
are available for and intended to be used on the Project, if Bidder is awarded the Contract, and that the
Bidder propose(s) to purchase or lease for the Project the additional items of equipment stated in Table
2.
If awarded the Contract, the Undersigned will furnish certificates from the owners of leased equipment
to the effect that, in case of default of contract, as set forth the Contract that the City has the right to
take over the leased equipment for use in completing the work.
I Certify that the foregoing statements are true. I understand that if they are willfully false I may be
subject to punishment.
Dated at___________________________ this _______day of ____________________, 20_______.
Bidder
By
Name/Title
STATE OF
COUNTY OF
, Being duly sworn, deposes and says that he
Is the __________________________ of the above Bidder, and that the answers to the foregoing
questions and all statements therein contained are true and correct.
Sworn to before me this ___ day of_________________, 20___.
My Commission Expires
Notary Public
Page 57 of 115
18. EXCEPTIONS TO SPECIFICATIONS
BID NUMBER: 24-13
FRANK SINATRA DRIVE COMPLETE STREETS REDESIGN
PHASE 2 OF 2 – SINATRA DRIVE
BIDDER’S NAME
Exceptions:
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
BIDDER: ______________________________________________
AUTHORIZED SIGNATURE:_______________________________
PRINT
NAME:_________________________TITLE:__________________________DATE:____________
Page 58 of 115
19. ACKNOWLEDGMENT OF RECEIPT OF ADDENDA
BID NUMBER: 24-13
FRANK SINATRA DRIVE COMPLETE STREETS REDESIGN
PHASE 2 OF 2 – SINATRA DRIVE
The undersigned Bidder hereby acknowledges receipt of the following Addenda:
Addendum Number
Date
Acknowledge Receipt
(Initial)
Addendum # 1
December 4, 2024
____________
_______________
_______________
____________
_______________
_______________
____________
_______________
_______________
____________
_______________
_______________
____________
_______________
_______________
____________
_______________
_______________
____________
_______________
_______________
____________
_______________
_______________
____________
OR
No addenda were received:
Acknowledged for:
BIDDER: ______________________________________________
AUTHORIZED SIGNATURE:_______________________________
PRINT
NAME:_________________________TITLE:__________________________DATE:____________
Page 59 of 115
20. SCHEDULE OF PRICES
BID NUMBER: 24-13
FRANK SINATRA DRIVE COMPLETE STREETS REDESIGN
PHASE 2 OF 2 – SINATRA DRIVE
BIDDER: _____________________________________________________
Bid
Item
Description
Bid
Quant.
Unit
Unit Price
Bid
Bid Amount
1
EXCAVATION, REGULATED
MATERIAL
411
CY
$
$
2
DISPOSAL OF REGULATED
MATERIAL
587
TON
$
$
3
SUBBBASE
65
CY
$
$
4
CONSTRUCTION LAYOUT
1
DOLL
$
$
5
FIELD OFFICE TYPE A SET
UP
1
UNIT
$
$
6
FIELD OFFICE TYPE A
MAINTENANCE
12
MO
$
$
7
FUEL PRICE ADJUSTMENT
1
DOLL
$
$
8
ASPHALT PRICE
ADJUSTMENT
1
DOLL
$
$
9
CORE SAMPLES, HOT MIX
ASPHALT
1
UNIT
$
$
10
HMA MILLING, 3" OR LESS
10952
SY
$
$
11
HMA MILLING, MORE THAN
3" TO 6"
2480
SY
$
$
12
HOT MIX ASPHALT 12.5 M
64 SURFACE COURSE
3680
TON
$
$
Page 60 of 115
13
HOT MIX ASPHALT 25 M 64
BASE COURSE
1857
TON
$
$
14
DENSE-GRADED
AGGREGATE BASE COURSE,
6" THICK
6748
SY
$
$
15
CONCRETE DRIVEWAY,
REINFORCED, 6" THICK
50
SY
$
$
16
CONCRETE SIDEWALK,
REINFORCED, 6" THICK
3763
SY
$
$
17
BRICK PAVERS
202
SY
$
$
18
POLYMER CEMENT
SURFACING
4618
SY
$
$
19
9" X 16" CONCRETE
VERTICAL CURB
66
LF
$
$
20
9" X 18" CONCRETE
VERTICAL CURB
10979
LF
$
$
21
12" X 13" CONCRETE
SLOPING CURB
292
LF
$
$
22
CONCRETE ISLAND,
REINFORCED, 6" THICK
388
SY
$
$
23
DETECTABLE WARNING
SURFACE
79
SY
$
$
24
GATE, CHAIN-LINK FENCE,
24' WIDE
2
UNIT
$
$
25
CHAIN-LINK FENCE, 8' HIGH,
COATED BLACK
767
LF
$
$
26
12" REINFORCED
CONCRETE PIPE
1150
LF
$
$
27
INLET, TYPE A
5
UNIT
$
$
Page 61 of 115
28
INLET, TYPE B
14
UNIT
$
$
29
INLET CONVERTED TO
MANHOLE
5
UNIT
$
$
30
RECONSTRUCTED INLET,
TYPE X, USING NEW
CASTING
9
UNIT
$
$
31
RESET EXISTING CASTING
9
UNIT
$
$
32
BICYCLE SAFE GRATE
28
UNIT
$
$
33
TRAFFIC STRIPES, 4",
THERMOPLASTIC
6520
LF
$
$
34
TRAFFIC STRIPES, 6",
THERMOPLASTIC
9209
LF
$
$
35
TRAFFIC MARKING LINES,
12", THERMOPLASTIC
62
LF
$
$
36
TRAFFIC MARKING LINES,
24", THERMOPLASTIC
1800
LF
$
$
37
TRAFFIC MARKINGS,
SYMBOLS
942
SF
$
$
38
REGULATORY AND
WARNING SIGN
264
SF
$
$
39
CUSTOM SIGN
126
SF
$
$
40
RELOCATE EXISTING SIGN
ASSEMBLY
18
UNIT
$
$
41
FLEXIBLE DELINEATOR,
GROUND MOUNTED
46
UNIT
$
$
42
BICYCLE/PEDESTRIAN
COUNTER FOUNDATION
AND WIRING
2
UNIT
$
$
Page 62 of 115
43
SOLAR FLASHING BEACON
13
UNIT
$
$
44
PEDESTRIAN SIGNAL
STANDARD, COATED BLACK
22
UNIT
$
$
45
FOUNDATION, TYPE SPF
22
UNIT
$
$
46
SPEED RADAR ASSEMBLY
8
UNIT
$
$
47
PEDESTRIAN SIGNAL HEAD
1
UNIT
$
$
48
PUSH BUTTON
INSTALLATION
14
UNIT
$
$
49
ELECTRICAL CONDUIT
22
LF
$
$
50
ELECTRICAL, JUNCTION
BOXES/CABINETS, NORM
(28"X30" LIGHTING)
63
UNIT
$
$
51
ELECTRICAL, JUNCTION
BOXES/CABINETS, NORM
(120/240V 1P ELEC. SERVICE
METER)
2
UNIT
$
$
52
2" RIGID NONMETALLIC
CONDUIT (PVC CONDUIT,
TRENCH INCLUDED)
3,368
LF
$
$
53
1 - 2" FLEXIBLE
NONMETALLIC CONDUIT
(BORED HDPE)
316
LF
$
$
54
FOUNDATION DECORATIVE
LIGHT STANDARD
110
UNIT
$
$
55
ELECTRICAL CONDUIT (24"
PVC SONATUBE)
54
LF
$
$
56
SILT FENCE
1245
LF
$
$
Page 63 of 115
57
INLET FILTER TYPE 1
162
SF
$
$
58
INLET FILTER TYPE 2, 2' X 4'
28
UNIT
$
$
59
TREE PROTECTION
150
LF
$
$
60
IMPORTED TOPSOIL
3250
CY
$
$
61
STRUCTURAL SOIL
3287
CY
$
$
62
4" PERFORATED HDPE
AERATION PIPE
6155
LF
$
$
63
AERATION PIPE RISER WITH
ATRIUM GRATE
236
UNIT
$
$
64
CANOPY TREE_3" CALIPER
117
UNIT
$
$
65
UNDERSTORY TREE_2.5"
CALIPER
47
UNIT
$
$
66
SHRUBS - 7 GALLON
(MULCH INCLUDED)
608
UNIT
$
$
67
SHRUBS - 3 GALLON
(MULCH INCLUDED)
1350
UNIT
$
$
68
SHRUBS - 1 GALLON
(MULCH INCLUDED)
2949
UNIT
$
$
69
SHRUBS - 4" POT (MULCH
INCLUDED)
1534
UNIT
$
$
70
SOD GRASS AREA
727
SF
$
$
Page 64 of 115
71
BIKE RACKS
11
UNIT
$
$
72
REMOVAL OF TREES
10
UNIT
$
$
73
TREE PLANTER FENCE
997
LF
$
$
74
REMOVAL OF PAVEMENT
12538
SY
$
$
75
REMOVAL OF FENCE
795
LF
$
$
76
REMOVAL OF PLANTER
BOXES
3
UNIT
$
$
77
SAWCUTTING
9827
LF
$
$
78
RELOCATION AND
RESETTING OF SHIP
BOLLARDS
31
UNIT
$
$
79
RESET GAS VALVE BOX
5
UNIT
$
$
80
RESET WATER VALVE BOX
18
UNIT
$
$
81
RELOCATE FIRE HYDARNT
3
UNIT
$
$
82
RESET MANHOLE,
SANITARY SEWER USING
EXISTING CASTING
9
UNIT
$
$
83
CONSTRUCTION SIGNS
2538
SF
$
$
84
DRUMS
845
UNIT
$
$
Page 65 of 115
85
TEMPORARY TRAFFIC
STRIPES, 4"
15120
LF
$
$
NON-FEDERAL PARTICIPATING ITEMS
86
RODENT CONTROL
1
ALLOWANCE
$30,000
$30,000
87
CONTINGENCY
1
ALLOWANCE
$500,000
$500,000
88
ILLUMINATED GATEWAY
SIGNS AND FOUNDATION
2
UNIT
$
$
89
WAYFINDING KIOSK STYLE
SIGNS
3
UNIT
$
$
90
WAYFINDING DIRECTION
BLADE SET (5 PER SET)
4
UNIT
$
$
91
HOT BOX REPLACEMENT
1
UNIT
$
$
92
BIKE REPAIR STATION
2
UNIT
$
$
93
REMOVAL OF TELEPHONE
STRUCTURE
1
UNIT
$
$
94
RELOCATION OF PUBLIC
ART
1
UNIT
$
$
95
UTILITY RELOCATION
1
ALLOWANCE
$100,000
$100,000
96
POLICE TRAFFIC
DIRECTORS
1
ALLOWANCE
$500,000
$500,000
BIDDER MUST INSERT THE REQUIRED ITEMS
Page 66 of 115
21. BID PROPOSAL (___ PAGES)
BID NUMBER: 24-13
FRANK SINATRA DRIVE COMPLETE STREETS REDESIGN
PHASE 2 OF 2 – SINATRA DRIVE
BIDDER: _____________________________________________________
Bidders should familiarize themselves with the local conditions affecting the cost of the work and the
site of the work. Bidders shall furnish all of the labor, materials, necessary tools, fees, permits and
equipment including transportation services necessary to perform the whole of the work and submit to
all conditions of the specifications, as they apply to the contract resulting from this bid, on the following
to wit:
The City reserves the right, at its sole discretion, to award the contract based upon Bidder’s base bid
or combination of base bid and alternate bids.
Based upon the specifications herein provided, the following is the proposal for this project:
Base Bid: $ ________________.____
Please write out in words the base bid amount:
_______________________________________________________________________________
Bid Submitted by:
_____________________________
_____________________________
Authorized Signature
Date
_____________________________
_____________________________
Print Name
Title/Position
Bidder/Company ____________________________________________________
___________________________________________________________________
Company Address
_____________________________
_____________________________
Telephone #
Fax #
_____________________________
_____________________________
Email Address
PO Email Address
Page 67 of 115
22. CERTIFICATION OF EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE
____________________________________________________________________________
Name of Bidder
Project Number
INSTRUCTIONS
This Certification is required pursuant Executive Order 11246, Part II, Section 203(b), (30 F.R. 12319-
25). Any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an
initial part of the bid or negotiations of the contract whether it has participated in any previous contract
or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance
reports due under applicable instructions.
Where the certification indicates that the prime or subcontractor has not filed a compliance report due
under applicable instructions, such contractor shall be required to submit a compliance report.
CONTRACTOR CERTIFICATION
Bidder’s Name: _________________________________________________________________
Address: ___________________________________________________________________
1.
Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity
Clause.
Yes ______ No ______
2.
Compliance reports were required to be filed in connection with such contract or subcontract.
Yes ______
No ______
If YES, state what reports were filed and with what agency:
3.
Bidder has filed all compliance reports due under applicable instructions, including EEO-1.
Yes ______
No ______
If answer to Item 3 is NO, please explain in detail on reverse side of this certification.
4.
Have you ever been or are you currently being considered for sanction due to violation of
Executive Order 11246, as amended?
Yes ______ No ______
I Certify that the information above is true and complete to be best of my knowledge and belief.
I understand that a willfully false statement is punishable by law. (U.S. Code, Title 18, Section 1001)
BIDDER: ______________________________________________
AUTHORIZED SIGNATURE:_______________________________
PRINT
NAME:_________________________TITLE:__________________________DATE:____________
Page 68 of 115
23. CERTIFICATION OF NON-SEGREGATED FACILITIES
U.S. ENVIRONMENTAL PROTECTION AGENCY
(Applicable to federally assisted construction contracts and related subcontractors
exceeding $10,000 which are not exempt from the Equal Opportunity clause.)
The federally assisted construction contractor certifies that he does not maintain or provide for
his employees any segregated facilities at any of his establishments, and that he does not permit his
employees to perform their services at any location, under his control, where segregated facilities are
maintained. The federally assisted construction contractor certifies further that he will not maintain or
provide for his employees any segregated facilities at any of his establishments, and that he will not
permit his employees to perform their services at any location, under his control, where segregated
facilities are maintained. The federally assisted construction contractor agrees that a breach of this
certification is a violation of the Equal Opportunity clause in this contract. As used in this certification,
the term “segregated facilities” means any waiting rooms, work areas, rest rooms and wash rooms,
restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas,
parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities
provided for employees which are segregated by explicit directive or are in fact segregated on the bases
of race, creed, color, or national origin, because of habit, local custom, or otherwise. The federally
assisted construction contractor agrees that (except where he has obtained identical certifications from
proposed subcontractors for specific time periods) he will obtain identical certifications from proposed
subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the
provisions of the Equal Opportunity clause, and that we will retain such certifications in his files.
BIDDER: ______________________________________________
AUTHORIZED SIGNATURE:_______________________________
PRINT
NAME:_________________________TITLE:__________________________DATE:____________
NOTE: The penalties for making false, fictitious, or fraudulent statements to an executive, legislative,
or judicial branch of the Government of the United States are prescribed in 18 U. S. C. 1001.
Page 69 of 115
24. ELIGIBILITY AFFIDAVIT
STATE TREASURER'S LIST OF DEBARRED, SUSPENDED AND DISQUALIFIED BIDDERS
The Contractor shall submit with his bid a sworn statement, as set forth herein signed by an officer
or partner of the Contractor, indicating whether or not the Contractor is at the time of the bid, included
on the State Treasurer's List of Debarred, Suspended, or Disqualified Bidders. The Contractor will
immediately notify the Owner whenever it appears that a Contractor is on the State Treasurer's List.
The Contractor may be debarred, suspended, or disqualified from contracting with the State of New
Jersey and NJDEP if the Contractor commits any of the acts listed in N.J.A.C. 7:1D-2.2.
STATE OF NEW JERSEY
ss
COUNTY OF
I, ____________________________ of the City of ___________________________________
In the County of ____________________ and the State of ________________________
Being duly sown according to law on my oath depose and say that:
I am ____________________________, a principal, officer, owner, partner, or member of the firm of
____________________________ the bidder making the Proposal for the above named work, and that
I executed the said Proposal with full authority to do so; that said bidder at the time of making of this
bid, is not included on the State of New Jersey, State Treasurer's List of Debarred, Suspended
and Disqualified Bidder; and that all statements contained in said Proposal and in this Affidavit are true
and correct, and made with the full knowledge that the City of Hoboken relies upon the truth of the
statements contained in said Proposal and in this Affidavit in awarding the contract for said work.
The undersigned further warrants that should the name of the firm making this bid appear on the
State Treasurer's List of Debarred, Suspended and Disqualified Bidders at any time prior to, and
during the life of this Contract, including the Guarantee Period, that the City of Hoboken shall be
immediately notified by the signatory of this Eligibility Affidavit.
The undersigned understands that the firm making the bid as a Contractor is subject to
debarment, suspension and/or disqualification in contracting with the State of New Jersey and the
Department of Environmental Protection if the Contractor, pursuant to N.J.A.C. 7:1D-2.2 commits any
of the acts listed therein, and as determined according to applicable law and regulation.
Bidder:
Address:
Signed:
Print Name/Title: ___________________________________________________
Subscribed and sworn before me this. ___day of _______________
20
Notary Public of: __________________________ My commission expires: ____________, 20_____
Page 70 of 115
25. ACKNOWLEDGEMENT OF AMERICAN IRON AND STEEL REQUIREMENTS
P.L. 113-76, CONSOLIDATED APPROPRIATIONS ACT, 2014
The Contractor acknowledges to and for the benefit of the City of Hoboken (“Purchaser”) and the State
of New Jersey including any division, department, agency, or office thereof (the “State”) that it
understands the goods and services under this Agreement are being funded with monies made
available by the Clean Water State Revolving Fund and/or Drinking Water State Revolving Fund and
such law contains provisions commonly known as “American Iron and Steel;” (P.L. 113-76,
Consolidated Appropriations Act, 2014 (Act), section 436) that requires all of the iron and steel products
used in the project to be produced in the United States (“American Iron and Steel Requirement”)
including iron and steel products provided by the Contactor pursuant to this Agreement. The Contractor
hereby represents and warrants to and for the benefit of the Purchaser and the State that (a) the
Contractor has reviewed and understands the American Iron and Steel Requirement, (b) all of the iron
and steel products used in the project will be and/or have been produced in the United States in a
manner that complies with the American Iron and Steel Requirement, unless a waiver of the requirement
is approved, and (c) the Contractor will provide any further verified information, certification or assurance
of compliance with this paragraph, or information necessary to support a waiver of the American Iron
and Steel Requirement, as may be requested by the Purchaser or the State. Notwithstanding any other
provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the
Purchaser or State to recover as damages against the Contractor any loss, expense, or cost (including
without limitation attorney’s fees) incurred by the Purchaser or State resulting from any such failure
(including without limitation any impairment or loss of funding, whether in whole or in part, from the
State or any damages owed to the State by the Purchaser). While the Contractor has no direct
contractual privity with the State, as a lender to the Purchaser for the funding of its project, the Purchaser
and the Contractor agree that the State is a third-party beneficiary and neither this paragraph (nor any
other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or
waived without the prior written consent of the State. The Contractor affirms that it will comply to the
fullest extent with the American Iron and Steel requirement as it applies to the Project, including and
not limited to in the provision of the following:
Lined or unlined pipes or fittings; Manhole Covers; Municipal Castings; Hydrants; Tanks; Flanges; Pipe
clamps and restraints; Valves; Structural steel (Structural steel is rolled flanged shapes, having at least
one dimension of their cross-section three inches or greater); Reinforced precast concrete; and
Construction materials (Construction materials are those articles, materials, or supplies made primarily
of iron and steel, that are permanently incorporated into the project, not including mechanical and/or
electrical components, equipment and systems).
Municipal Castings: Access Hatches; Ballast Screen; Benches (Iron or Steel); Bollards; Cast Bases;
Cast Iron Hinged Hatches, Square and Rectangular Cast Iron Riser Rings; Catch Basin Inlet;
Cleanout/Monument Boxes; Construction Covers and Frames; Curb and Corner Guards; Curb
Openings; Detectable Warning Plates; Downspout Shoes (Boot, Inlet); Drainage Grates, Frames and
Curb Inlets; Inlets; Junction Boxes; Lampposts; Manhole Covers, Rings and Frames, Risers; Meter
Boxes; Service Boxes; Steel Hinged Hatches, Square and Rectangular; Steel Riser Rings; Trash
receptacles; Tree Grates; Tree Guards; Trench Grates; and Valve Boxes, Covers and Risers.
BIDDER: ______________________________________________
AUTHORIZED SIGNATURE:_______________________________
PRINT
NAME:_________________________TITLE:__________________________DATE:____________
Page 71 of 115
26. CERTIFICATION OF NON-DEBARMENT FOR FEDERAL GOVERNMENT CONTRACTS
N.J.S.A. § 52:32-44.1 (P.L. 2019 c. 406).
This certification shall be completed, certified to, and submitted to the contracting unit prior to contract
award, except for emergency contracts where submission is required prior to payment.
PART I: VENDOR INFORMATION
Individual or
Organization Name
Physical Address of
Individual or
Organization
Unique Entity ID
(if applicable)
CAGE/NCAGE Code
(if applicable)
Check the box that represents the type of business organization:
Sole Proprietorship (skip Parts III and IV) Non-Profit Corporation (skip Parts III and IV)
For-Profit Corporation (any type) Limited Liability Company (LLC) Partnership
Limited Partnership
Limited Liability Partnership (LLP)
Other (be specific): ______________________________________________
PART II – CERTIFICATION OF NON-DEBARMENT: Individual or Organization
I hereby certify that the individual or organization listed above in Part I is not debarred by the
federal government from contracting with a federal agency. I further acknowledge: that I am
authorized to execute this certification on behalf of the above-named organization; that the City
of Hoboken is relying on the information contained herein and that I am under a continuing
obligation from the date of this certification through the date of contract award by the
municipality to notify the municipality 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 municipality,
permitting the municipality to declare any contract(s) resulting from this certification void and
unenforceable.
Full Name
(Print):
Title:
Signature:
Date:
Page 72 of 115
PART III – CERTIFICATION OF NON-DEBARMENT: Individual or Entity Owning Greater than 50
Percent of Organization
Section A (Check the Box that applies)
Below is the name and address of the stockholder in the
corporation who owns more than 50 percent of its voting stock, or
of the partner in the partnership who owns more than 50 percent
interest therein, or of the member of the limited liability company
owning more than 50 percent interest therein, as the case may be.
Name of Individual or
Organization
Physical Address
OR
No one stockholder in the corporation owns more than 50 percent
of its voting stock, or no partner in the partnership owns more
than 50 percent interest therein, or no member in the limited
liability company owns more than 50 percent interest therein, as
the case may be.
Section B (Skip if no Business entity is listed in Section A above)
Below is the name and address of the stockholder in the
corporation who owns more than 50 percent of the voting stock of
the organization’s parent entity, or of the partner in the
partnership who owns more than 50 percent interest in the
organization’s parent entity, or of the member of the limited
liability company owning more than 50 percent interest in
organization’s parent entity, as the case may be.
Stockholder/Partner/Member
Owning Greater Than 50
Percent of Parent Entity
Physical Address
OR
No one stockholder in the parent entity corporation owns more
than 50 percent of its voting stock, no partner in the parent entity
partnership owns more than 50 percent interest therein, or no
member in the parent entity limited liability company owns more
than 50 percent interest therein, as the case may be.
Page 73 of 115
Section C – Part III Certification
I hereby certify that no individual or organization that is debarred by the federal government from
contracting with a federal agency owns greater than 50 percent of the Organization listed above in
Part I or, if applicable, owns greater than 50 percent of a parent entity of <name of organization>.
I further acknowledge: that I am authorized to execute this certification on behalf of the above-
named organization; that the City of Hoboken is relying on the information contained herein and
that I am under a continuing obligation from the date of this certification through the date of
contract award by municipality to notify the municipality 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
municipality, permitting the municipality to declare any contract(s) resulting from this certification
void and unenforceable.
Full Name (Print):
Title:
Signature:
Date:
Part IV – CERTIFICATION OF NON-DEBARMENT: Contractor – Controlled Entities
Section A
Below is the name and address of the corporation(s) in which the
Organization listed in Part I owns more than 50 percent of voting stock, or
of the partnership(s) in which the Organization listed in Part I owns more
than 50 percent interest therein, or of the limited liability company or
companies in which the Organization listed above in Part I owns more than
50 percent interest therein, as the case may be.
Name of Business Entity
Physical Address
**Add additional sheets if necessary**
OR
The Organization listed above in Part I does not own greater than 50
percent of the voting stock in any corporation and does not own greater
than 50 percent interest in any partnership or any limited liability company.
Page 74 of 115
Section B (skip if no business entities are listed in Section A of Part IV)
Below are the names and addresses of any entities in which an entity listed
in Part III A owns greater than 50 percent of the voting stock (corporation)
or owns greater than 50 percent interest (partnership or limited liability
company).
Name of Business Entity Controlled by Entity
Listed in Section A of Part IV
Physical Address
**Add additional Sheets if necessary**
OR
No entity listed in Part III A owns greater than 50 percent of the voting
stock in any corporation or owns greater than 50 percent interest in any
partnership or limited liability company.
Section C – Part IV Certification
I hereby certify that the Organization listed above in Part I does not own greater than 50 percent
of any entity that that is debarred by the federal government from contracting with a federal
agency and, if applicable, does not own greater than 50 percent of any entity that in turns owns
greater than 50 percent of any entity debarred by the federal government from contracting with
a federal agency. I further acknowledge: that I am authorized to execute this certification on
behalf of the above-named organization; that the City of Hoboken is relying on the information
contained herein and that I am under a continuing obligation from the date of this certification
through the date of contract award by the municipality to notify the municipality 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 municipality, permitting the municipality to declare any contract(s) resulting from this
certification void and unenforceable.
Full Name (Print):
Title:
Signature:
Date:
Page 75 of 115
CITY OF HOBOKEN, NEW JERSEY
CONTRACT FOR CONSTRUCTION SERVICES
Frank Sinatra Drive Complete Streets Redesign
Phase 2 of 2 – Sinatra Drive
Office of Administration
Division of Purchasing
Award Date:
Resolution Date:
Page 76 of 115
Contract for Construction Services
City of Hoboken
AGREEMENT made as of the ___ day of __________ in the year 20______ (“Agreement”)
BETWEEN the Owner, The City of Hoboken, a Municipal Corporation of the State of New Jersey with a principal
office located at: 94 Washington Street. Hoboken, NJ 07030 (“City” or “Owner”);
and the Contractor: (Name, address);
for the following Project: Frank Sinatra Drive Complete Streets Redesign Phase 2 of 2 – Sinatra Drive.
The Construction Manager for the Project is: Steven Amos, P.E., ENGenuity Infrastructure, 2 Bridge Avenue,
Suite 323, Red Bank, NJ, 07701.
The Engineer for the Project is: Jeffrey DePaolis, P.E., PTOE, Kimley-Horn and Associates, Inc., 301 Carnegie
Center Boulevard, Suite 202, Princeton, NJ, 08540.
WHEREAS, pursuant to Hoboken City Council Resolution No. _________ dated ______________, the City
awarded a contract to Contractor; and,
WHEREAS, Contractor will be required to abide by: all State and Local “Pay-to-Play” requirements,
including but not limited to the Hoboken Public Contracting Reform Ordinance, codified as §20A-11 et seq. of the
Code of the City of Hoboken; all Affirmative Action laws; and all other laws and regulations relating to public
contractors, the performance of the work of the Project, including but not limited to the Open Public Records Act
and the Local Public Contracts Law; and,
WHEREAS, this Agreement was awarded in response to Bid No. 24-13;
NOW, THEREFORE, in consideration of the mutual covenants and promises therein contained, the City
and Contractor agree as follows.
ARTICLE 1 THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Drawings, Specifications, Project Manual, Addenda issued
prior to execution of this Agreement, Bidding Requirements (City of Hoboken Notice to Bidders & Bid Specifications
and sample forms), Conditions of the Contract (General, Supplementary and other Conditions), Hoboken City
Council Resolution No. __________ dated ________________, Contractor’s Bid Proposal dated
______________, other documents listed in this Agreement, and Modifications issued after execution of this
Agreement, all of which form the Contract and are as fully a part of the Contract as if attached to this Agreement or
repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and
supersedes prior negotiations, representations, or agreements, either written or oral.
Page 77 of 115
Priority and Conflicts. To the extent there is a conflict or inconsistency between the Contract Documents,
interpretations will be based on the following order of precedence, with the highest precedence given to the
document listed first:
.1 Modifications, Change Orders;
.2 Construction Change Directives, Bulletins and other documents issued by the Engineer to amend or
clarify the scope of work, approve submittals, and similar documents;
.3 This Agreement;
.4 Addenda issued prior to execution of this Agreement;
.5 Notice to Bidders and Bid Specifications;
.6 Project Manual including Drawings and Specifications;
.7 General Conditions;
.8 Bid Proposal.
§ 1.2 EXECUTION OF THE CONTRACT DOCUMENTS
Execution of the Agreement by the Contractor is a representation that the Contractor has visited the site and studied
the Specifications, become familiar with the local conditions under which the Work is to be performed, has submitted
any discrepancy, error, or omission which it discovered, or reasonably should have discovered, to the Owner and/or
Engineer prior thereto and correlated personal observations with requirements of the Contract Documents.
Contractor represents and warrants that its investigation of the site was performed in detail and was sufficient to
disclose the condition of the Project and the conditions under which the Work is to be performed, including, without
limitation (i) site and soil conditions, (ii) anticipated labor supply and costs, (iii) availability and cost of materials,
tools, and equipment, (iv) the likelihood or potential for unforeseen conditions, and (v) other similar issues pertinent
to the performance of the Work. Contractor waives claims relating to any of the conditions set forth in (i) through
and including (iv) of this paragraph.
§ 1.3 THE WORK
The term “Work” means the construction and services required by the Contract Documents, whether completed or
partially completed, and is defined in more detail elsewhere in this Agreement.
§ 1.4 INTENT
The intent of the Contract Documents is to include all items necessary for the proper execution and completion of
the Work by the Contractor including the full extent of all labor, materials, equipment and services required to ensure
the complete and proper construction of the Project as required by, and as reasonably inferable from, the Contract
Documents. The Contract Documents are complementary, and what is required by one shall be as binding as if
required by all.
§ 1.5 THE PROJECT
The Project is the total construction of which the Work performed under the Contract Documents may be the whole
or a part and which may include construction by other Multiple Prime Contractors and/or by the Owner's own forces
including persons or entities under separate contracts not administered by the Construction Manager (“separate
contractors”).
§ 1.6 OWNER
§ 1.6.1 OWNER’S RIGHT TO STOP THE WORK
If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents or
repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order
to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated;
Page 78 of 115
however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise
this right for the benefit of the Contractor or any other person or entity. Contractor shall not be entitled for an
extension of the Contract Time or delay damages in such event.
§ 1.6.2 OWNER’S RIGHT TO CARRY OUT THE WORK
If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails
within a three (3) day period after receipt of written notice from the Owner to commence and continue correction of
such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the
Owner may have, correct such deficiencies in any manner which Owner deems expedient. In such case an
appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost
of correcting such deficiencies, including Owner’s expenses and compensation for the Engineer and Construction
Manager’s additional services made necessary by such default, neglect or failure. If payments then or thereafter
due the Contractor are not sufficient to cover such amounts, the Contractor shall Indemnify the Owner for same,
and pay the difference to the Owner. The correction of such deficiencies by Owner shall not relieve Contractor of
any obligation or liability for the Work, and shall not operate to waive any right or claim of Owner.
§ 1.7 CONTRACTOR
§ 1.7.1 SUPERVISION AND CONSTRUCTION PROCEDURES
The Contractor shall supervise and direct the Work using the Contractor’s best skill and attention. The Contractor
shall be solely responsible for and have control over construction means, methods, techniques, sequences and
procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give
other specific instruction concerning these matters.
The Contractor shall have a continuing obligation to carefully study and compare the Contract Documents with each
other and with information furnished by the Owner. Before commencing activities, the Contractor shall (1) take field
measurements and verify field conditions; (2) carefully compare this and other information known to the Contractor
with the Contract Documents; (3) carefully review the shop drawings; and (4) promptly report errors, inconsistencies
or omissions discovered to the Engineer. The Contractor shall be liable to the Owner for any damage resulting from
any error, inconsistency or omission which it knew or reasonably should have known but failed to report to the
Owner and Engineer. No claims for extra work will be allowed on account of minor differences between the actual
dimensions and those indicated in the Contract Documents.
The Contractor shall Indemnify the Owner for acts and omissions of the Contractor’s employees, Subcontractors
and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of,
the Contractor or any of its Subcontractors.
§ 1.7.2 The Contractor shall be responsible for inspection of portions of Work already performed to determine that
such portions are in proper condition to receive subsequent work.
The Owner shall have the right to inspect all materials and work performed during any phase of construction and
the Contractor shall provide all reasonable facilities for the safe and convenient means of such inspection. The
Contractor shall notify the Engineer of any work requiring inspection three (3) business days prior to commencing
work. Unless otherwise authorized, work shall be done only in the presence of the Engineer or an authorized
representative. Any work done without proper inspection will be subject to rejections and non-payment. Inspection
of the work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract.
No work shall be closed or covered until it has been duly inspected and approved. Should un-approved work be
covered, the Contractor shall, if requested by the Engineer, uncover all work for inspection. The cost of uncovering
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the work and replacement shall be borne by the Contractor. The cost of inspection shall be borne by the Owner
during the normal work week. The costs for inspection services on Saturdays, Sundays, legal holidays, or on
weekdays outside the hours of 8:00 A.M. to 4:30 P.M. inclusive shall be borne by the Contractor.
§ 1.7.3 Maintain Full Work Force. Contractor shall at all times maintain a full work force at the Project site as
appropriate for the stage of the Work and to maintain the Project Schedule.
§ 1.7.4 Inspections and Testing. In the event the Engineer and/or Construction Manager questions any Work
performed by the Contractor which requires testing to determine if the work was performed in accordance with
industry standards and/or the contract documents, the Contractor shall timely arrange for the necessary testing. If
the testing concludes that the work is defective or non-compliant with the Contract Documents, the Contractor shall
be responsible for all testing costs and remediating the defective work. If the testing concludes that the work was
satisfactorily performed by the Contractor, the Owner shall be responsible for associated testing costs.
§ 1.7.5 Protection of Work and Property. At all times, the Contractor shall provide adequate protection against
inclement weather including, but not limited to, rain, wind, storms, snow, dust, cold and heat, so as to protect all
work, materials, apparatus and fixtures from injury or damage. Protection of work shall include removal of snow so
that work may proceed in accordance with the applicable schedule. The Contractor shall continuously maintain
adequate protection of all its work, the Owner's property and operations, utility facilities, and adjacent property, and
shall be responsible for all damage, injury or loss arising in connection with this Contract.
§ 1.7.5.1 Protection from Water Damage. At all times, the Contractor shall protect the work from damage by water
from any source. The Contractor shall provide all pumps and equipment, enclosures, and supervision as necessary
to ensure this protection.
§ 1.7.5.2 Protection of Existing Systems. The Contractor shall protect any existing systems, equipment, or
structures from damage resulting from work performed under the Contract. All such systems and equipment, unless
otherwise indicated, shall remain intact and undisturbed during the performance of the work. In the event that
damage to any such systems or equipment is caused by operations under this Contract, the Contractor shall make
repairs and/or replacements to such systems and equipment as directed by the Construction Manager at no cost to
the Owner. The Contractor shall pay the costs incurred by the Owner and/or Construction Manager and Engineer
in connection with such repairs and replacements.
§ 1.7.6 Utilities. The Contractor shall comply with the State of New Jersey notification and utility locator service
requirements prior to digging, excavating or otherwise moving earth on this Project. The Contractor shall engage
and pay for the services of a qualified agency to assist in locating utilities on site not covered under the New Jersey
utility call service.
The Contractor shall contact in writing, all agencies which may have utilities located in the area of work prior to
commencement of construction and a copy of such notification shall be forwarded to the Engineer. The Contractor
shall send appropriate notices to utility companies, make all necessary arrangements, and perform all other services
required for the care and maintenance or relocation and removal of utilities, including, but not limited to, electric
cables and wires, gas mains, water pipes, sewer pipes, and all other items of this character depending on whether
the Contract Documents indicate such utilities will be continued in service or that the Contract Documents indicate
will be discontinued. The Contractor shall be solely responsible for the coordination and scheduling of all utility
companies.
Upon completion of the work, the Contractor shall obtain a written statement from the various utility companies
stating that all manholes or valve boxes within any newly paved area under this Contract are free of any foreign
matter and can be readily opened.
§ 1.7.7 Snow Removal. The Contractor shall remove snow or ice from the site as required to provide safe access
to the work and for emergency egress.
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§ 1.7.8 Lines and Grades. Unless otherwise stated in the specifications, the Contractor shall stake out such lines
and grades as necessary in order to perform the work. The Contractor shall transfer the line and grade far enough
in advance of the immediate work area to detect any errors or omissions that may exist and shall report such errors
or omissions to the Engineer immediately. Work done without lines and grade being given, work done beyond the
lines and grades shown on the drawings or as given, or any extra work done without a written authorization will be
considered unauthorized. Such work will be at the expense of the Contractor and will not be paid for by the Owner.
Work so done may be ordered removed and/or replaced by the Engineer at the Contractor's expense.
§ 1.7.9 Maintenance of Traffic. The Contractor shall provide for and maintain local vehicular traffic during
construction operations wherever feasible. At no time shall any street be closed by barricading or other methods
without the prior consent of the Owner. If and when it becomes necessary to close a street to the normal flow of
traffic, the Contractor shall notify the Police Department, Fire Department, Office of Emergency Management, and
the Engineer, and shall at all times provide ingress and egress for emergency services as provided by the aforesaid
departments. Detour routes, if approved by the Engineer, must be adequately and fully marked by the Contractor
for the entire length of the detour. The Contractor shall conduct the work with the least possible obstruction to
traffic.
§ 1.7.10 Erosion and Sedimentation Control. The Contractor shall schedule and conduct the Work exercising
such precautions as necessary to prevent and/or reasonably minimize the pollution or contamination of stream and
other waters with sediment or other harmful materials. Wherever construction exposes work which is subject to
erosion, the extent of such exposures in advance of subsequent construction shall be subject to the approval of the
Engineer. Erosion control features or other work to be completed within such areas shall follow as soon after
exposure as practicable.
Construction of drainage facilities as well as performance of other Contract work which will contribute to the control
of siltation shall be carried out in conjunction with earthwork operations, including borrow pit operations, or as soon
thereafter as is practicable.
During construction, the Contractor shall shape the top of earthwork so as to effect the drainage of rainwater and to
prevent the flow of runoff over the slopes except at locations selected or approved by the Engineer. If and where
the Engineer so directs, temporary slope drains shall be constructed to carry the runoff.
The erosion control measures described herein shall be continued until the grass on seeded slopes is sufficiently
established to be an effective erosion deterrent.
Unless otherwise approved in writing by the Engineer, construction operations in rivers, streams and impoundments
should be restricted to those areas where channel changes are shown on the Contract documents and to those
areas which must be entered for the construction of temporary or permanent structures. Rivers, streams and
impoundments shall be promptly cleared of all falsework, piling, debris, or other obstructions placed therein or
caused by the construction operations.
Excavation from the roadway, channel changes, cofferdams, etc., shall not be deposited in or so near to rivers,
streams or impoundments so that it will be washed away by high water or runoff.
Each 5,000 square feet of cut face of earth excavation and/or fill for roadway slopes will be treated to establish a
temporary vegetative cover as described in the "Standards for Soil Erosion and Sedimentation Control in New
Jersey" immediately after the completion of excavation and/or embankment operations in the same area. All work
must also be in accordance with the Hudson Essex Passaic Soil Conservation District. The Contractor shall notify
the Hudson Essex Passaic Soil Conservation District in writing at least two (2) business days in advance of any
land disturbance activity.
No separate payment will be made to the Contractor for measures provided for erosion and sedimentation control,
the cost of which will be included in the Contract Sum.
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§ 1.7.11 Rodent/Pest Control.
A. Rodent/pest control shall be implemented with adequate time to ensure that rodents are eliminated by a pest
control operator prior to construction mobilization and site disruption.
B. Contractor shall acquire permits and show written proof of a rodent/pest control contract. Rodent/pest control
shall be maintained throughout the duration of the work and until all equipment and materials are removed from the
site.
C. Rodent/pest control contract shall include but is not limited to the basic tasks including: a documented baseline
(preconstruction) survey of rodent/pest activity and sanitation on the proposed work site and observable areas
nearby (within 300 ft of the site), poison baiting or trapping so the site and nearby public areas are rodent/pest-free
prior to construction/demolition, installation of monitoring (bait/trap) stations at the site perimeter and trailer/storage
locations, subsurface (manhole) baiting may be necessary if utility systems will be impacted, catch basins in
bordering streets shall be inspected and baited if necessary. Once construction begins, the pest control operator
shall be on site weekly to inspect for sanitation conditions and rodent/pest activity. Inspection and baiting records
shall be maintained for the site and adjacent areas and the program shall be adjusted to match construction
sequencing.
D. In addition, the Contractors (and its subcontractors) shall provide and use rodent-proof refuse containers, conduct
site cleanup for litter daily, properly contain refuse, remove unnecessary debris piles and control weeds and other
undesirable vegetation, as required.
§ 1.7.12 Plant Pest Control.
A. The indiscriminate movement of nursery stock, hay or straw mulch, equipment and soil samples into and out of
New Jersey constitutes a potential hazard to State and National Agriculture. Comply with all applicable State and
Federal Plant Pest Regulations in fulfillment of this Contract.
B. Information regarding these regulations may be obtained from the United States Department of Agriculture,
Agriculture Research Service, Plant Pest Control Division, P.O. Box 1257, Roanoke, Virginia 24001.
§ 1.7.13 Compliance with Laws. The Contractor shall comply with all laws applicable to the performance of the
Work, whether or not specifically referred to in the Contract. Contractor will not look to, or rely upon, Owner or its
consultants for a determination of which laws apply and shall confer with its own counsel to resolve all questions in
that regard. Contractor shall not rely upon any listing of laws in the Contract Documents as limiting, in any way, the
laws governing Contractor’s performance. Any such listings are not intended as a limitation on the Contractor’s
responsibility to comply with all laws that relate to the Project.
Contractor agrees to be bound by, to comply with, and to give all notices required under the provisions of all Federal,
State, and local laws, codes, ordinances, regulations and permits applicable to the Contract and performance of the
Work. Contractor shall be liable to the Owner for all loss, cost and expense (including without limitation, attorneys
fees and court costs related thereto and incurred in enforcing this Article) attributable to any acts or omissions of
the Contractor or any subcontractor of any tier, or any employees or agents thereof, resulting from failure to comply
with any such provisions and give required notices, including without limitation, any fines, penalties or corrective
measures (“Violation Expenses”). Contractor’s failure to pay any Violation Expenses when due shall constitute
consent for Owner, in its sole discretion, to pay the Violation Expenses and deduct same from any then outstanding
payment or any payment thereafter due Contractor.
§ 1.7.13.1 Compliance with Labor Statutes and Rules. The Contractor agrees to comply with all the laws of the
State of New Jersey regarding labor and compensation and with all labor statutes, rules, regulations, and ordinances
applicable. The Contractor agrees that:
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(A)
In the hiring of persons for the performance of work under this Contract or any subcontract
hereunder, or for the procurement, manufacture, assembling or furnishing of any such materials,
equipment, supplies or services to be acquired under this Contract, no Contractor, nor any person
acting on behalf of such Contractor or subcontractor, shall, by reason or race, creed, color, national
origin, or ancestry, discriminate against any person who is qualified and available to perform the
work to which the employment relates.
(B)
No Contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate
against or intimidate any employees engaged in the performance of work under this Contract or
any subcontract hereunder, or engaged in the procurement, manufacture, assembling or furnishing
of any such Contract on account of race, creed, color, national origin, or ancestry.
(C)
There may be deducted from the amount payable to the Contractor by the contracting public
agency, under this Contract, a penalty of $50.00 for each person for each calendar day during
which such person is discriminated against or intimidated in violation of the provision of the
Contract.
(D)
This Contract may be cancelled or terminated by the contracting public agency, and all money due
or to become due hereunder may be forfeited, for any violation of this section occurring after notice
of Contractor’s prior violation of this section of the Contract.
(E)
The Contractor agrees to comply with all State statutes, rules and regulations dealing with minimum
wage rates and failure to do so shall subject the Contractor to forfeiture of the Contract or other
penalties imposed by law.
(F)
Contractor is responsible for subcontractor compliance.
(G)
The Contractor shall instruct all personnel to follow all safety regulations of the Occupational Safety
and Health Administration (OSHA) and officials of the State of New Jersey Department of Labor
and Industry. The Contractor is forewarned that the regulatory agencies could impose a work
stoppage if their representatives inspect the Contract work and discover that safety precautions
mandated by the agencies have been violated.
(H)
In the case of contracts exceeding $50,000, the Contractor shall have an Affirmative Action Plan.
The form AA-201B and/or others as it may be required by the Affirmative Action Office shall be
completed by the Contractor and furnished to the Owner and the Affirmative Action Office no later
than three (3) days after the Contractor signs the Contract.
§ 1.7.13.2 American Goods and Products. Contractor shall comply with any and all "Buy American" requirements
of Federal and State law, including N.J.S.A. 40A:11-18 which provides that only manufactured products of the
United States, wherever available, be used; and with any other Buy American provisions, laws or regulations
applicable to the Project.
§ 1.7.13.3 Prevailing Wage Act. The Contractor shall comply with the requirements of the New Jersey Prevailing
Wage Act (NJSA 34:11-56.25 et seq.) and all other applicable provisions of state labor laws.
§ 1.7.13.4 Compliance with Project Labor Agreement. The Contractor is responsible for Project compliance
with any Project Labor Agreement applicable to the Work, the Contract or the Project.
§ 1.7.14 TAXES
The Contractor shall pay all taxes that are legally required including without limitation, all social security taxes,
unemployment insurance, contributions, or other taxes measured by wages of employees, attributable to, or
performing the Work. Contractor’s Exemption Purchase Certification, Form ST-13 issued by the State of New
Jersey, Division of Taxation, Sales Tax Bureau, shall be completed and presented to suppliers. Contractor certifies
that the Form ST-13 will only be presented to suppliers for materials for this Project.
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§ 1.7.15 PERMITS, FEES AND NOTICES
The Contractor shall obtain and pay for the building permit, if necessary for the Work, and other permits and
governmental fees, licenses and inspections and utility fees necessary for proper execution and completion of the
Work.
The Contractor shall comply with and give notices required by agencies having jurisdiction over the Work. If the
Contractor performs Work contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful
orders of public authorities, the Contractor shall assume full responsibility for such Work and shall bear the
attributable costs, damages, losses and expenses of every kind, including but not limited to, reasonable attorney’s
fees. The Contractor shall promptly notify the Owner and Construction Manager in writing of any known
inconsistencies in the Contract Documents with governmental laws, rules and regulations.
The Contractor shall comply with all applicable laws, statutes, building codes, rules and regulations of all
governmental, public and quasi-public authorities and agencies having jurisdiction over the Project in effect on the
date the Contract Documents are delivered to the Owner. If necessary, the Contractor shall be responsible for
securing any waivers therefrom in order to complete the Work. Contractor shall comply with any CDC, DOH, OSHA
or other applicable agency or entity rules, guidelines, regulations, procedures or protocols to prevent or mitigate the
spread of infection, including but not limited to COVID-19, including all Executive Orders with regard to same.
The Contractor acknowledges that it has familiarized itself with the nature and location of the work, the configuration
and conditions of the site and of any existing structure, and the character of equipment and facilities required for
the performance of the work. The Contractor further acknowledges that it has familiarized itself with the character,
quality and quantity of surface and subsurface materials and/or obstacles to be encountered during the performance
of this Contract. Any extra work occasioned by the Contractor's failure so to familiarize itself as described above
shall be performed at no cost to the Owner.
The Contractor shall comply with all regulations of the Uniform Construction Code of the State of New Jersey and
any of its amendments as they are made official.
It is the obligation of the Contractor to ascertain for itself all the facts concerning conditions to be found at the
location of the Project, to fully examine the Plans and read the Specifications, to consider fully these and all other
matters which can in any way affect the work under this Contract and to make the necessary investigations relating
thereto, and Contractor agrees to this obligation in the signing of the Contract. Neither the Owner nor its agents
assume any responsibility whatsoever with respect to ascertaining for the Contractor such facts concerning physical
characteristics at the site of the Project.
It is the obligation of the Contractor to make its own investigations of subsurface conditions prior to submitting its
Proposal. Borings, test excavations and other subsurface investigations, if any, made by the Owner or its agents
prior to the construction of the Project, the records of which may be available to Contractor, are made for use as a
guide for design. Any estimate or estimates of quantities shown on the Plans or in the form of proposal, based on
said borings, test excavations and other subsurface investigations, are in no way warranted to indicate the true
quantities.
§ 1.7.16 Concealed or Unknown Conditions.
If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions
that differ materially from those indicated in the Contract or (2) unknown physical conditions of an unusual nature,
that differ materially from those ordinarily found to exist and generally recognized as inherent in construction
activities of the character provided for in the Contract, the Contractor shall promptly provide notice to the Owner,
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Construction Manager and the Engineer before conditions are disturbed and in no event later than three (3) business
days after first observance of the conditions. The Engineer and Construction Manager will promptly investigate such
conditions and, if the Engineer, in consultation with the Construction Manager, determines that they differ materially
and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the
Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Engineer
determines that the conditions at the site are not materially different from those indicated in the Contract and that
no change in the terms of the Contract is justified, the Engineer shall promptly notify the Owner, Construction
Manager and Contractor in writing, stating the reasons.
The provisions of N.J.S.A. 40A:11-16.7(a) “Differing site conditions” shall be incorporated by reference into this §
1.7.14; and in the event of a conflict between § 1.7.14 and the statute, the provisions of the statute shall control.
Any claim made by the Contractor for concealed, unknown, or differing site conditions must be made pursuant to
Article 14 of this Agreement.
§ 1.7.17 CONTRACTOR’S PROJECT MANAGEMENT
§ 1.7.17.1 The Contractor shall employ a competent project manager, a separate superintendent, and necessary
assistants, all of whom shall be English speaking and able to thoroughly understand the Contract Documents, and
who shall be in attendance at the Project site during normal working hours and at any time when work is being
performed from commencement of the Work up to and including through completion of all corrective and punchlist
items to the Owner’s satisfaction. The project manager and the superintendent shall be approved by the Owner
and shall not be changed except with the prior written consent of the Owner. The project manager and the
superintendent shall each represent the Contractor, and communications given to either shall be as binding as if
given to the Contractor. The number of necessary assistants shall be such that the superintendent or one of his/her
assistants shall adequately supervise work in progress at all times. If, in Construction Manager’s opinion, the quality
or progress of work is adversely affected by lack of adequate supervision, Contractor shall, upon request, increase
the number of supervisory personnel at no additional cost.
The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the
Construction Manager the names and qualifications of the proposed project manager and superintendent. The
Owner, Engineer and Construction Manager may conduct an interview of these personnel. The Construction
Manager may reply within ten (10) days to the Contractor in writing stating (1) whether the Owner or Construction
Manager has reasonable objection to the proposed project manager or superintendent, or (2) that the Construction
Manager requires additional time to review.
The project manager’s attendance is mandatory at all progress, coordination, and scheduling meetings and such
other meetings as may reasonably be requested by the Construction Manager. Failure to be present at the
scheduled start time for any meeting will result in a penalty against the Contractor of $250.00 per occurrence, which
amount may be deducted from sums due the Contractor. Assessment of the penalty does not relieve the Contractor
from its obligations under the Contract. At Owner’s election, Contractor shall promptly replace the project manager
if he or she fails to be present as required. In the event of project manager’s illness, vacation, or other absence
approved by the Construction Manager, Contractor shall provide a substitute qualified project manager subject to
Owner’s approval.
§ 1.7.17.2 USE OF SITE The Contractor shall coordinate the Contractor’s operations with, and secure the approval
of, the Construction Manager before using any portion of the site.
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§ 1.7.17.3 Contractor shall use the site in a manner that will cause minimum interference and maximum safety to
the staff and general public. Contractor must have prior approval of the Construction Manager and Owner for
locations of stored materials, access trailer locations, etc. Contractor is not permitted to use any parking spaces
designated for Owner's staff or visitors. Contractor shall review available on-site parking locations prior to submitting
bid.
§ 1.7.17.3.1 Contractor may work weekdays, evenings, nights, weekends, and holidays. Evenings, nights,
weekend and holiday work is subject to regulations and requirements of local ordinances and also requires prior
approval from the Owner.
§ 1.7.17.3.2 Contractor shall schedule deliveries so as to minimize time and space requirements for storage of
materials and equipment on site. Protection of construction materials and equipment from weather, theft, damage,
and all other loss or damage is solely the responsibility of the Contractor.
§ 1.7.17.3.2 Contractor shall comply with the Owner's Site Security Programs as administered by the Construction
Manager which may include Contractor badging. If required: each employee of the Contractor will be supplied a
badge by the Owner, which will be distributed by the Construction Manager; the badge must be worn at all times
while on the construction site; no Contractor will be allowed access to the site without a badge and prior approval
from the Construction Manager.
§ 1.7.17.3.4 If the project site is located at an operating facility, Contractor will make every effort to minimize the
effects of the construction operations on the everyday operations at the site with regard to the work of other
contractors, as well as the use of the adjacent properties by the public at large. Contractor will be responsible for
the safety of the public and will provide all necessary, barricades, overhead protection, temporary fences, signs,
traffic control and rerouting, dust and pollution control, etc., associated with the scope of work, so as to insure
public safety at all times.
§ 1.7.17.3.5 Contractor shall restore streets, drives, curbs, sidewalks, and other existing conditions that were
disturbed by construction operations to a condition equal to their condition prior to commencement of the Work.
§ 1.7.18 CUTTING AND PATCHING
Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit
together properly.
§ 1.7.19 CLEANING UP
The Contractor shall keep the premises and surrounding area free from accumulation of debris and trash related to
the Work. At the completion of the Work, the Contractor shall remove its tools, construction equipment, machinery
and surplus material; and shall properly dispose of waste materials. The premises shall be kept free of trash and
other encumbrances on a daily basis.
The Contractor shall clean and provide maintenance on completed construction included in its work, after
installation, as frequently as necessary throughout construction. The Contractor shall supervise its construction
operations to assure that no part of the construction, completed or in progress, is subject to harmful, dangerous,
damaging, or otherwise deleterious exposure during the construction period. The term "clean" shall include the
removal of debris from the work area to dumpsters furnished by the Contractor.
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The Contractor will be given twenty-four (24) hours' notice to clean up as directed by the Owner, Engineer, or
Construction Manager or as otherwise required by the Contract. If Contractor does not comply, the Construction
Manager will arrange for other means to achieve the daily clean up and the Contractor will be back charged.
§ 1.7.20 INDEMNIFICATION
§ 1.7.20.1 To the fullest extent permitted by law, the Contractor hereby assumes and agrees to indemnify, defend,
and hold harmless the Owner, Engineer, Construction Manager, and their partners, consultants and/or subsidiaries,
and their respective agents, officers and employees (hereinafter “Indemnitees”) from and against any and all claims,
suits, demands, damages, liabilities, losses, costs and expenses of any kind, and professional fees (including but
not limited to attorneys’ fees, costs, court costs, litigation expenses, and disbursements) (hereinafter collectively,
“Claims”), arising out of or resulting from Contractor’s activities, operations, performance, or work under the
Contract, regardless of whether or not such Claims arose out of or were related to the active or passive negligence
or other fault of the Indemnitees. The Contractor agrees, acknowledges, and understands that the requirement to
indemnify, defend, and hold harmless the Indemnitees from and against any and all Claims extends to and includes
the Indemnitees’ own, but not sole, negligence or fault. The indemnity obligations extend to Claims made by
separate contractors and/or subcontractors against the Indemnitee(s) as a result of Contractor’s work and/or
performance in connection with this Agreement.
§ 1.7.20.2 Contractor’s indemnity obligation includes but is not limited to Claims arising out of or related to: (a)
personal or bodily injury; (b) advertising injury; (c) employers’ liability damages; (d) damages to real and personal
property of any type or kind, (e) professional errors and omissions liability, (f) nonpayment by Contractor,
subcontractors, laborers, vendors and materialmen, and (g) all construction or mechanics liens, builders trust fund,
or similar claims, asserted, brought, or filed by any person or entity, including Contractor, subcontractors,
employees, agents, servant, officers, directors, or representatives, or any other person or entity.
§ 1.7.20.3 In the event that any Claims are made, asserted or threatened against Indemnitees, the Owner shall
have the right to withhold from any payments due or to become due to Contractor, an amount sufficient in the
Owner’s judgment to protect and indemnify the Indemnitees from and against any and all such Claims; or the
Owner, in its discretion, may require the Contractor to furnish a Surety Bond satisfactory to the Owner, guaranteeing
such protection, which Bond shall be furnished by the Contractor within five (5) business days after written demand
has been made therefore.
§ 1.7.20.4 Contractor agrees that its obligation to defend commences when a Claim is made against an
Indemnitee, even if Contractor disputes its obligation to indemnify them and hold them harmless.
§ 1.7.20.5 The Indemnitees, in each of their sole discretion, may elect to require Contractor to satisfy its defense
obligations through separate counsel of each of their own choosing, in which case the Contractor shall either timely
pay the costs of defense directly to the selected counsel upon submission of an invoice, or reimburse the
Indemnitees for those costs upon demand.
§ 1.7.20.6 Notwithstanding any other provision in the Contract, the indemnity obligations of the Contractor under
this Article (“Indemnity” or “Indemnification”) shall govern and apply wherever indemnification is required in the
Contract. The Indemnity obligations shall survive the termination of the Contract and shall be fulfilled at no cost or
expense to the Indemnitees.
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§ 1.7.21 Video of Conditions. The Contractor shall provide clear video tapes taken before and after construction
of those areas where contemplated construction activities are in close proximity to private and other properties
within the easements duly existing or obtained. Questions about which areas to video will be resolved by the
Engineer in his/her sole discretion. The cost of taking, developing, and furnishing copies of these video tapes shall
be borne by the Contractor. The “before” construction video tapes must be submitted to the Engineer for review
prior to commencement of construction.
ARTICLE 2 THE WORK OF THIS CONTRACT
§ 2.1 Scope of Work. In exchange for payment of the Contract Sum, Contractor shall perform all work and furnish
all supervision, labor, materials, plant, equipment, loading, hoisting, scaffolding, tools, supplies, transportation,
permits, and all other items necessary for the construction and completion of the entire work described in the
Contract Documents in strict accordance and full compliance with all Contract Documents to the satisfaction of the
Owner (“the Work”). The scope of the Work shall be broadly interpreted and shall include items reasonably inferable
from the drawings, specifications, applicable building codes and Contract Documents to achieve the intended result,
including all labor, materials, equipment and services. Contractor shall be solely responsible for: the complete
coordination of the Work; all construction means and methods; and the performance, acts, and omissions of all
persons performing work including, without limitation, all employees, laborers, materialmen, subcontractors of any
tier.
ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
§ 3.1 Contract Time. Contract Time is the number of calendar days alotted in the Contract Documents for
Substantial Completion of the Work. The Contractor shall achieve Substantial Completion of the entire Work within
365 calendar days of the Date of Commencement, subject to adjustments of the Contract Time as permitted in and
provided for by the Contract Documents, time being of the essence of the Contract. It is expressly understood that
the Contractor believes that the Contract Time is reasonable, taking into consideration all factors which it deems
relevant to its performance.
§ 3.1.1 Date of Commencement. The date of commencement of the Work shall be the later of the date of this
Agreement or the date set forth in a Notice to Proceed issued by the Owner (“Date of Commencement”). Contractor
shall commence work on the Date of Commencement.
§ 3.1.2 The Contractor shall achieve completion of the following Milestones by the Dates indicated below:
Milestone Item
Milestone Date
§ 3.1.3 The term “day” as used in the Contract shall mean calendar day unless specifically stated otherwise.
§ 3.1.4 Substantial Completion. Substantial Completion is the stage in the progress of the Work when the Work
or designated portion thereof is sufficiently complete in accordance with the Contract Documents. The Work will
not be considered substantially complete until:
.1 all project systems included in the Work are functionally operational as designed and scheduled;
.2 all casework, equipment and finishes are in place;
.3 all building keys, properly tagged or indexed, have been received by the Owner;
.4 all designated or required inspections, certifications, permits, approvals, licenses and other
documents from authorities having jurisdiction thereof necessary for the beneficial use and
occupancy of the Work are received;
.5 designated instruction and training of Owner's personnel has been completed or is otherwise
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scheduled at a mutually agreeable time;
.6 final cleaning has been performed;
.7 spare parts and extra materials have been stored where designated by Owner;
.8 warranties and operating and maintenance manuals have been submitted for review;
.9 the only remaining Work shall be minor in nature; and
.10 the Engineer and/or Construction Manager shall have issued a Certificate of Substantial Completion.
§ 3.1.5 When the Engineer, assisted by the Construction Manager, determines that the Work or designated portion
thereof is substantially complete, the Construction Manager will prepare, and the Construction Manager and
Engineer shall execute a Certificate of Substantial Completion that shall establish the date of Substantial Completion
and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate.
§ 3.2 Progress and Completion
§ 3.2.1 Time of the essence. Time limits stated in the Contract Documents are of the essence of the Contract. By
executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the
Work.
§ 3.2.2 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion
within the Contract Time.
§ 3.3 Delays and Extensions of Time.
§ 3.3.1 The Contractor shall, within ten (10) days, provide written notice to the Owner, Engineer and Construction
Manager of the discovery or knowledge of any delay, or the reasonable likelihood of a delay, and shall suggest
strategies to mitigate the effect of the delay, including overtime work, resequencing, and other remedial methods.
Absent timely written notification Contractor shall be deemed to have waived any entitlement to an extension of
time. In addition, if Contractor believes it has suffered a delay for which it is entitled to additional time under the
terms of the Contract it must make a claim in accordance with applicable provisions of the Contract.
§ 3.3.2 No damages for delay. In no event shall the Contractor be entitled to collect damages from the City or its
consultant(s) (collectively referred to as “the City” for purposes of this paragraph) as a result of any Project delay
not solely caused by the City’s negligence, bad faith, active interference, tortious conduct, or unforeseen
circumstances uncontemplated by the parties which were not otherwise foreseeable (collectively, “the City’s
Misconduct” for purposes of this paragraph). The Contractor is aware that its ability to complete its portion of the
Project could be hindered or delayed by the actions or inactions of other contractors or other causes not attributable
to the City’s Misconduct. The City shall have the right for any business purpose, to delay, accelerate, or suspend
the commencement or execution of the whole or any part of the Work, or vary the sequence or performance thereof,
without compensation to the Contractor other than extending the time for completing the Contractor’s Work for a
period equal to such delay or suspension. The Contractor’s sole remedy for delays caused by any reason other
than the City’s Misconduct shall be an extension of time to complete the Project. The Contractor’s sole remedy for
delays due to the City’s Misconduct shall be the actual out of pocket expenses incurred by the Contractor directly
attributable to the delays caused solely by the City’s Misconduct.
§ 3.3.3 Waiver of delay claims against Owner. Contractor expressly waives and releases Owner with regard to
claims for any delay attributable to lack of coordination and cooperation by and between the Contractor, separate
contractors, subcontractors, the Engineer, and/or the Construction Manager. Contractor shall Indemnify Owner with
regard to such claims which shall not be a basis for any claim by Contractor for increase in the Contract Sum, but
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shall be settled directly by and between Contractor and those parties, without the involvement of or costs being
incurred by the Owner.
§ 3.3.4 The Contractor agrees that if the Work shall not be completed within the Contract Time the Owner may
forthwith or at any time after said date, at its option, with notice to the Contractor, purchase the materials and furnish
the labor necessary to complete said work, charging the cost thereof to the Contractor, and the Contractor expressly
agrees to pay the Owner the entire cost of completing said work; provided, however, that this provision shall be
deemed and taken to be in addition to and not in substitution of the right of the Owner to liquidated damages for
delays or failures to perform the Contract by the Contractor, if such liquidated damages are provided for in the
Contract. Notwithstanding this or any other provision, Owner shall have no obligation to undertake to perform the
Contract Work.
§ 3.3.5 Liquidated damages for delay. Inasmuch as the damage and loss to the Owner which will result from a
failure by the Contractor to complete the work within the Contract Time including any extensions to the Contract
Time granted pursuant to the terms of the Contract, may include interest on monies borrowed for construction, loss
from the inability of the Owner to utilize the new work, additional costs, expenses, and damages, and cannot be
calculated with any degree of mathematical certainty, then in accordance with NJSA 40A:11 -19, the damages to
the Owner for delay in the case of such failure or failures on the part of such Contractor shall be liquidated in the
sum of two thousand dollars ($2,000.00) per calendar day for contracts with an original Contract Sum of more than
one million dollars ($1,000,000.00).
The Owner may, at its option, recover said damages by deducting the amount thereof from any monies due or that
may become due the Contractor, including any retainage under control of the Owner, and if said monies prove to
be insufficient to cover said damages, then the Contractor shall pay the amount due.
The surety upon the Performance Bond furnished by the Contractor shall be liable for any such liquidated damages
for which the Contractor may be liable, to the extent that the Contractor shall not make payment therefor to the
Owner.
§ 3.3.6 The Contractor shall be responsible for the compensation of Owner’s consultants, employees, and
inspectors incurred as a result of Contractor’s failure to meet contractual completion dates. In the Owner’s
discretion, deductions shall be made from payments due Contractor for such costs and wages due to such personnel
being necessarily employed on the work for the number of days in excess of the Contract Time due to a failure to
timely complete the Work.
ARTICLE 4 CONTRACT SUM
§ 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of the
Work under the Contract. The Contract Sum shall be a Stipulated Sum, in accordance with Section 4.2 below.
Payment is subject to Engineer’s Certification that performance of the Work is acceptable in accordance with the
terms of the Contract and the Resolution of the City Council awarding the Contract.
§ 4.2 Stipulated Sum
§ 4.2.1 The Stipulated Sum shall be _____________________________ ($_____________), subject to additions
and deletions as provided in the Contract Documents. The Owner shall pay the Contractor the Stipulated Sum,
which payment is for the value of all labor and materials for work completed pursuant to an inspection certification
that the Contractor’s performance is acceptable subject to all terms and conditions of the Contract Documents.
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§ 4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract
Documents and are hereby accepted by the Owner:
§ 4.2.3 Unit prices, if any:
(Identify and state the unit price, and state the quantity limitations, if any, to which the unit price will be applicable.)
Item
Units and Limitations
Price per Unit ($0.00)
§ 4.2.4 Allowances included in the Stipulated Sum, if any:
(Identify allowance and state exclusions, if any, from the allowance price.)
Item
Allowance
ARTICLE 5 PAYMENTS
§ 5.1 Progress Payments
§ 5.1.1 Based upon Applications for Payment (“Invoices”) submitted to the Construction Manager by the Contractor,
and upon certification of the Application for Payment and Certificate for Payment by the Construction Manager and
Engineer and issuance by the Engineer, the Owner shall make progress payments on account of the Contract Sum
to the Contractor as provided below and elsewhere in the Contract Documents.
§ 5.1.1.1 Submission of Invoices. The parties agree that submission of invoices by Contractor in accordance
with this Agreement is the sole responsibility of Contractor. Contractor is required to bill the City for services
rendered on a monthly basis. Any invoice for services rendered under this Agreement that is received by the City
more than 90 days after the services are rendered will not be considered and will be rejected as untimely. Contractor
acknowledges that, due to the City’s budgeting, appropriation, and fiscal affairs procedures, any invoices not
submitted within ninety (90) days of services rendered will not be paid by the City, and the sums therein shall not
be sought at law or in equity.
§ 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of
the month
§ 5.1.2.1 Each Application for Payment shall be based on the most recent schedule of values submitted by the
Contractor in accordance with the Contract Documents and approved in writing by the Construction Manager and
Engineer. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work
and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager
and Engineer may require. This schedule shall be used as a basis for reviewing the Contractor’s Applications for
Payment.
§ 5.1.2.2 Applications for Payment (or “Invoices”) shall show the percentage of completion of each portion of the
Work as of the end of the period covered by the Invoice. Invoices shall be submitted monthly on the first of the
month. Invoices submitted with required supporting documentation, as specified below, will be considered for
approval and certification at the next-scheduled public meeting of the City Council; this is an exception to the twenty
(20) day period in New Jersey’s Prompt Payment Act, N.J.S.A. 30A-2(a). Amounts due, approved, and certified for
payment by the City Council shall be paid during the City’s subsequent payment cycle.
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§ 5.1.2.3 In order to be considered for approval by the City, Invoices must include the following:
.1 Certified payroll records for each payroll period within ten (10) days of the payment of the wages as
required by N.J.S.A. 34:11-56.25, et seq. and N.J.A.C. 12:60-2.1 and 6.1; and
.2 Evidence of New Jersey’s Affirmative Action requirements as set forth in N.J.S.A. 10:5-31 et seq. and
N.J. compliance with A.C. 17:27; and
.3 Lien Waivers: A current sworn statement from the Contractor setting forth all Subcontractors and
material suppliers with whom the Contractor has subcontracted, the amount of each such subcontract, the
amount requested for any subcontractor or material supplier in the Application for Payment, and the amount
to be paid to the subcontractor or material supplier from such progress payment. After the first payment is
made by Owner to Contractor, Contractor shall provide Owner with a current, duly executed waiver of
construction and/or material suppliers’ liens from the Contractor, in a form satisfactory to the Owner,
establishing receipt of payment or satisfaction of the payment requested by the Contractor in the current
Application for Payment.
.4 After the first payment is made by Owner to Contractor, Contractor shall provide Owner with duly
executed waivers of construction liens from all Subcontractors establishing receipt of payment or satisfaction
of payment of all amounts paid to Contractor on behalf of such Subcontractor prior to Contractor’s submittal
of subsequent Applications for Payment.
.5 Evidence of payments to trade unions and related funds.
.6 Such other information, documentation, and materials as the Owner may reasonably require.
§ 5.1.2.4 Contractor warrants that upon submittal of an Application for Payment, all Work for which Certificates for
Payment have been previously issued and payments received from the Owner are and shall remain, to the best of
the Contractor’s knowledge, information and belief, free and clear of defects, liens, claims, security interests or other
encumbrances adverse to the Owner’s interests.
§ 5.1.3 The Contractor shall make payment of all proper charges for materials and labor required in the Work and
Indemnify, defend and hold harmless the Owner, Engineer, Construction Manager, or their officers, agents and
servants and each and every one of them (“Indemnitees”), against and from all suits and costs of every name and
description and from all damages to which the Indemnitees may be put, by reason of claims for payment, including
liens, arising from the Contract or the Project by an employee of the Contractor, a Subcontractor, supplier, a sub-
subcontractor, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable. The
Indemnification provisions of § 1.7.13 of this Agreement shall apply to the Contractor’s indemnity obligations in
regard to such claims.
§ 5.1.3.1 Liens. Contractor shall immediately notify Owner of any and all liens filed against the Project and shall
provide Owner with a copy of all liens. If any subcontractor, laborer or material man of Contractor, or any person
or entity directly or indirectly acting for or through it, files a mechanic’s or construction lien or other claim against the
Project, the property, or any part thereof, or any improvements thereon or against monies due or to become due
from the Owner to Contractor or from Contractor to Subcontractor, for or on account of any work, labor, services,
materials, equipment or other items furnished in connection with the Project, the Contractor agrees to satisfy,
remove, or discharge such liens or claims at its own expense by bond, payment or otherwise within ten (10) days
of the date of filing thereof. If the Contractor shall fail to do so, Owner shall have the right, in addition to all of the
rights and remedies provided by the Contract Documents or law, to satisfy, remove, or discharge such liens or
claims by whatever means Owner chooses at the entire expense of the Contractor, including Owner’s legal fees
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incurred as a result of the lien. Owner shall have the right to retain out of any payments due or to become due to
Contractor a reasonable amount to protect Owner from any and all loss, damage or expense, including attorney’s
fees arising out of or relating to any such claim or lien, until the claim or lien has been satisfied or discharged by
Contractor.
§ 5.1.3.2 Notwithstanding any other provision to the contrary, the Owner reserves the right to make payment directly
or by joint check to any Subcontractor, supplier, or trade union in such amounts as the Owner determines to protect
the Owner’s interest from a lien or asserted lien or other claim, and the amount owed the Contractor shall be reduced
in the amount of any such payment by the Owner. Exercise of this option shall not create any contract or rights in
any Subcontractor or third party against the Owner. Any amount so paid a Subcontractor shall be deducted from
any payment due or to become due to Contractor.
In any event, if Owner has reason to believe that labor, material or other obligations incurred in the performance of
Contractor’s work are not being paid, Owner may take any steps deemed necessary in Owner’s sole discretion to
satisfy itself that any progress payment shall be utilized to pay such obligations. The provisions of this section are
in addition to any other rights and remedies available to Owner under the Contract.
§ 5.1.4 Retainage. The City shall deduct Retainage from Progress Payments as follows: Retainage of two percent
(2%) as required by N.J.S.A. 40A:11-16.2 and -16.3, unless the Contract sum is less than $100,000 in which case
retainage shall be ten percent (10%). Retainage in a different percentage may be withheld where the Project is
federally funded, and/or as required by federal rules, regulations, and/or governing law.
§ 5.1.5 Payment is not acceptance. A Certificate for Payment, progress or final payment, or partial or entire use
or occupancy of the Project by Owner shall not constitute acceptance of Work not in accordance with the
requirements of the Contract. Notwithstanding any payment or payments hereunder, the Contractor shall be liable
for all damages sustained by the City by reason of any defective or improper work or materials or of any wrongful
act by the Contractor, its servants, agents or employees committed or suffered to be done in the performance of
this contract and shall also be liable for any damage or injury caused to a third party through any such negligent or
wrongful act.
§ 5.1.10 DECISIONS TO WITHHOLD PAYMENT
§ 5.1.10.1 The Owner may withhold a Progress Payment or, because of subsequently discovered evidence, may
nullify the whole or a part of a Progress Payment previously issued, to such extent as may be necessary in the
Owner’s opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from
acts and omissions because of:
.1
defective Work;
.2
third party claims filed or reasonable evidence indicating probable filing of such claims unless security
acceptable to the Owner is provided by the Contractor;
.3
failure of the Contractor to make payments properly to Subcontractors, suppliers, trade unions, or
others or for labor, materials or equipment;
.4
reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum;
.5
damage to the Owner or another contractor;
.6
reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid
balance would not be adequate to cover actual or liquidated damages for the anticipated delay;
.7
persistent failure to carry out the Work in accordance with the Contract; or
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.8
failure to maintain the site in a safe and satisfactory manner in accordance with construction practices
as determined by the Owner;
.9
any labor strike or labor disruption whatsoever which impacts the progress of the Work;
.10 loss caused by Contractor or its Subcontractors;
.11 failure of Contractor to correctly and accurately represent the Work performed in a payment request;
.12 Contractor’s failure to use funds previously paid to Contractor to pay Project-related obligations;
.13 Failure of the Contractor to maintain the scheduled progress or meet intermediate milestones;
.14 Failure to submit certified payroll records for previous period;
.15 Failure to submit waivers of mechanic's liens from all subcontractors and material suppliers for the
previous Period;
.16 Failure of the Contractor to submit required schedule updates;
.17 Failure of the Contractor to keep as-built drawings current;
.18 Unsatisfactory prosecution of the Work;
.19 Failure to provide all required documentation with applications for payment;
.20 Failure to submit current Certificates of Insurance as required by the Contract.
§ 5.2 Final Completion and Payment
§ 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum including retainage, is contingent
upon and shall not be made by the Owner to the Contractor until the following have been completed to Owner’s
satisfaction and submitted to Owner:
.1
the Contractor has fully performed the Contract except for the Contractor’s responsibility to correct
rejected Work, and to satisfy other requirements, if any, which extend beyond final payment;
.2
Subcontractor and Supplier Final Releases and Waivers of Lien in a form satisfactory to Owner;
.3
Engineer has approved Contractor’s final Request for Payment and a final Certificate for Payment or
Project Certificate for Payment has been issued by the Engineer;
.4
Supplemental Attachment for Accord Certificate of Insurance – AIA Document G715.
.5
Affidavit of Payments of Debits and Claims – AIA Document G706.
.6
Affidavit of Release of Liens – AIA Document G706A.
.7
Consent of Surety to Final Payment – G707.
.8
Certification of Paid Wages in accordance with NJ Prevailing Wage Act.
.9
Two Year Maintenance Bond for fifteen percent (15%) of the final adjusted Contract Sum in the form
required by Contract.
.10 Contractor As-Built drawings in approved digital format.
.11 Maintenance and Operations Manuals and Instructions, hard copy and digital format.
.12 Contractor’s Affidavit stating that the Work has been constructed in accordance with the Contract
Documents.
.13 Final Certificate of Occupancy.
.14 Special written guarantees and warranties in addition to the two-year guarantee covered by
Maintenance Bond. Guarantees shall be signed and sealed by Officer of the Contracting Firm and shall
be notarized.
.15 Attic stock and spare parts.
.16 Testing or Inspection Reports required by the Contract Documents.
Based upon the above, the billing date for Contractor’s Final Application for Payment shall be deemed to be the
date that the Final Invoice including all required documentation listed above and as required elsewhere in the
Contract is received by the Owner or Construction Manager. Thereafter the Final Application will be considered for
approval and certification at the next-scheduled public meeting of the City Council; this is an exception to the twenty
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(20) day period in New Jersey’s Prompt Payment Act, N.J.S.A. 30A-2(a). Amounts due, approved, and certified for
payment by the City Council shall be paid during the City’s subsequent payment cycle.
§ 5.2.2 Acceptance of Final Payment by the Contractor shall constitute a full waiver and release of claims by
Contractor arising out of and/or relating to the Contract and/or the Project.
ARTICLE 6 DISPUTE RESOLUTION
§ 6.1 Initial Decision Maker
The Initial Decision Maker (or “IDM”) is the person identified in the contract to render initial decisions on claims
arising from or related to the Contract and/or the Project. The Initial Decision Maker shall not show partiality to the
Owner or Contractor and shall not be liable for results of interpretations or decisions rendered in good faith. The
Engineer will serve as Initial Decision Maker.
§ 6.1.1 Claims shall be referred to the Initial Decision Maker for initial decision. An initial decision shall be required
as a condition precedent to mediation of any claim arising prior to the date final payment is due, unless 30 days
have passed after the claim has been served upon the Initial Decision Maker with no decision having been rendered.
Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes
between the Contractor and persons or entities other than the Owner.
§ 6.1.2 The Initial Decision Maker will review claims and within ten days of the receipt of a claim take one or more
of the following actions: (1) request additional supporting data from the claimant or a response with supporting data
from the other party, (2) reject the claim in whole or in part, (3) approve the claim, (4) suggest a compromise, or (5)
advise the parties that the Initial Decision Maker is unable to resolve the claim if the Initial Decision Maker lacks
sufficient information to evaluate the merits of the claim or if the Initial Decision Maker concludes that, in the Initial
Decision Maker’s sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the claim.
§ 6.1.3 In evaluating claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek
information from either party or from persons with special knowledge or expertise who may assist the Initial Decision
Maker in rendering a decision.
§ 6.1.4 If the Initial Decision Maker requests a party to provide a response to a claim or to furnish additional
supporting data, such party shall respond, within ten days after receipt of such request, and shall either (1) provide
a response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting
data will be furnished or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt
of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the claim in whole
or in part.
§ 6.1.5 The Initial Decision Maker will render an initial decision approving or rejecting the claim or indicating that the
Initial Decision Maker is unable to resolve the claim. This initial decision shall (1) be in writing; (2) state the reasons
therefor; and (3) notify the parties and the Construction Manager, if the Construction Manager is not serving as the
Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final
and binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation,
to binding dispute resolution.
§ 6.1.6 Mediation. Claims, disputes, and other controversies arising out of or related to the Contract and/or the
Project are subject to non-binding mediation. As a condition precedent to binding dispute resolution, the parties
shall enter into non-binding mediation with a Judge who has retired from the Courts of the State of New Jersey, to
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be agreed upon by the parties. The parties shall share equally in the costs of mediation. To the extent that mediation
is not successful, the filing of a demand for arbitration or a complaint in litigation shall not take place until forty-five
(45) days have passed following the final mediation session.
§ 6.2 Binding Dispute Resolution
For any claim subject to, but not resolved by, mediation, the method of binding dispute resolution shall be, at
Owner’s sole election, either: litigation in the Superior Court, Hudson County; or binding arbitration, as set forth in
the Contract.
§ 6.2.1 Owner May Elect to Arbitrate or Litigate. At the sole and exclusive option of the Owner, any and all
disputes arising out of or relating to this Contract or the Project shall be decided by arbitration in accordance with
the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining. The award
rendered by the arbitrator(s) shall be final and judgment may be entered upon it in accordance with applicable law.
Upon Owner’s election to arbitrate, the Contractor’s obligation to arbitrate as provided in this paragraph shall be
specifically enforceable under applicable law. The Contractor shall have no right to demand arbitration of any
dispute with the Owner without the Owner's written consent. The locale of any arbitration or litigation hereunder
shall be Hudson County, New Jersey.
§ 6.2.1.1 Contractor’s Waiver of Litigation. Contractor acknowledges that, in the event that Owner elects to
arbitrate disputes, Contractor agrees to arbitrate all claims, disputes, and other controversies arising out of or related
to the Contract or the Project, including all statutory claims, including but not limited to any claims under Prompt
Payment or Consumer Fraud statutes. Contractor understands that the rules governing arbitration are different than
those in court. Arbitration does not involve a judge or jury and review of an award is limited, but an arbitrator can
award the same damages as a court. Contractor understands that, should the Owner elect to arbitrate disputes,
the Contractor is giving up the right to a trial in court, either with or without a jury, including with regard to any and
all statutory claims. Contractor waives its right to a jury trial, and understands that other rights Contractor may have
in Court may not be available in arbitration, and understands that the rules and procedures in arbitration may differ
from those in a Court. An arbitration award issued by an arbitrator may be entered as a judgment in the Superior
Court of New Jersey, Law Division, Hudson County. Contractor consents to personal and exclusive jurisdiction and
venue in that Court with regard to any such application.
§ 6.2.2 Demand for arbitration shall be filed in writing with the other party to this Agreement and with the American
Arbitration Association. In the Owner’s sole discretion, arbitration may include, by consolidation or joinder or in any
other manner, any party needed in order to settle the entire controversy and provide complete relief in one forum.
§ 6.2.3 Locale. Mediation, arbitration, and/or litigation shall be conducted within Hudson County, New Jersey.
§ 6.2.4 Waiver of Jury Trial. Contractor hereby waives trial by jury in the event that the Owner elects to litigate a
dispute.
§ 6.2.5 Time Limits On Claims. No action or proceeding, including mediation, litigation, or arbitration, shall be
instituted by the Contractor against the Owner for any dispute arising out of and/or relating to this Contract and/or
the Project unless such action or proceeding is commenced within one year after the date when the Contractor's
Work is complete, the date the Contractor is terminated, the last date the Contractor supplied labor or materials to
the Project, or the date of the issuance of a final Certificate of Occupancy for the Project, whichever comes first.
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The Contractor waives and releases Owner from all claims and causes of action not commenced in accordance
with this Section.
§ 6.3 Attorneys Fees
In the event that Contractor breaches any obligation imposed by the Contract, in addition to all other damages,
losses, costs, and relief which the Owner may recover, Owner shall also be entitled to recover from Contractor the
Owner’s reasonable attorneys’ fees (whether or not incurred in connection with an arbitration or litigation) incurred
in seeking to enforce or recover upon the Contract by reason of the Contractor’s breach.
ARTICLE 7 TERMINATION OR SUSPENSION
§ 7.1 Termination for Convenience; Suspension.
§ 7.1.1 The Owner may, at any time, at will and without cause, by written notice: (A) terminate the Contract; or, (B)
order the Contractor to suspend, delay or interrupt any part of Work for any reason whatsoever for such period of
time as the Owner may determine, specifying the affected part of Work and effective day of such suspension, delay
or interruption. In case of suspension, the Contractor shall continue to prosecute the part of Work not thereby
affected and shall not be entitled to any additional compensation as a result of the suspension, interruption or delay.
§ 7.1.2 The Work may be suspended or terminated for convenience by the Owner without cause even if the
Contractor has properly performed pursuant to the Contract.
§ 7.1.3 In case of termination for the Owner's convenience, the Contractor’s exclusive remedies shall be:
.1 Reimbursement of all actual expenditures and costs approved by the Owner as having been made or
incurred in performing that portion of the Work performed to Owner’s satisfaction up to the date of
termination; and
.2 Reimbursement of expenditures made and costs incurred with the Owner’s prior written approval in
settling or discharging outstanding commitments entered into by the Contractor in performing the Contract.
§ 7.1.4 Upon a determination that a termination of the Contract, other than a termination for convenience under
this Section, was wrongful or improper for any reason, such termination shall be automatically deemed a
convenience termination, and the Contractor’s remedies for such wrongful termination shall be limited to the
recoveries specified under this Section.
§ 7.1.5 The provisions of N.J.S.A. 40A:11-16.7(b) “Suspension of Work” shall be incorporated by reference into
this section; and in the event of a conflict between § 7.1 and the statute, the provisions of the statute shall control.
Any claim made by the Contractor related to Owner’s suspension or termination must be made pursuant to Article
14 of this Agreement.
§ 7.2 Termination for Cause
§ 7.2.1 Owner may, without prejudice to any other remedy the Owner may have, terminate the Contract for cause,
as set forth here and elsewhere in the Contract Documents, including and not limited to in the occurrence of any of
the following events. If Contractor:
i. Refuses or fails to supply enough properly skilled workers or proper materials or equipment;
ii. persistently or repeatedly fails or neglects to carry out the Work in accordance with the Contract
Documents or otherwise to perform in accordance with this Contract;
iii. fails after commencement of the Work to proceed continuously with the Work for more than ten
(10) consecutive days except as permitted under the Contract;
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iv. fails to make proper and/or timely payment to Subcontractors;
v. fails to make proper and/or timely payment to any worker or union benefit fund;
vi. fails to submit accurate Certified Payroll;
vii. abandons the Work or reduces its labor force to a number insufficient in Construction Manager’s
sole discretion, to complete the Work within the scheduled time;
viii. fails to provide contractually required payment or performance bonds or insurance coverage;
ix. fails to comply with Project Schedules or achieve Final Completion within thirty (30) days of the
Final Completion Date;
x. fails to pay prevailing wages and/or the proper rate of wages to anyone involved in the Project;
xi. is the subject of an investigation, claim or complaint by the Department of Labor pertaining to the
Project;
xii. disregards laws, ordinances, rules, regulations or orders of a public authority having jurisdiction
including but not limited to the Occupational Safety and Health Agency (OSHA);
xiii. disregards the instructions of Owner, Engineer or the Construction Manager when such
instructions are based on the terms of the Contract;
xiv. fails to diligently proceed with the Work for a period of seven (7) consecutive days;
xv. fails to discharge any lien claim within ten (10) days of written demand;
xvi. falls to provide a conditional or unconditional lien waiver as required under the Contract;
xvii. is adjudged bankrupt or insolvent, or makes a general assignment for the benefit of creditors, or a
trustee or receiver is appointed for Contractor or any of its property, or files a petition to take
advantage of any debtor's act, or to reorganize under bankruptcy or similar laws;
xviii. fails, with three (3) days' notice, to resolve any labor dispute, picket, strike, or to otherwise maintain
labor harmony;
xix. allows insurance required by Contract to expire or fails to provide a bond required by Contract;
xx. fails to continue its Work when a claim has been made in accordance with the Contract;
xxi. fails to furnish the Owner with satisfactory assurances evidencing the Contractor’s ability to
complete the Work in compliance with all the requirements of the Contract Documents;
xxii. assigns or subcontracts its Work in violation of this Agreement; or
xxiii. otherwise does not fully comply with the Contract Documents.
When any of the above reasons exist, the Owner may, without prejudice to any other rights or remedies of Owner
and after giving the Contractor three (3) calendar days’ written notice (except in cases of emergency in which case
no notice shall be required), terminate the services of the Contractor and may: (A) take possession of the site and
of all materials, equipment, tools and construction equipment and machinery thereon owned or leased by the
Contractor; and/or (B) finish the Work by whatever reasonable method Owner may deem commercially expedient;
and/or (C) make payments directly to subcontractors or suppliers. Owner’s choice of any remedy shall not operate
to waive any other rights or remedies of the Owner provided hereunder, or by law, against the Contractor and/or
its surety. Owner at is option may choose more than one remedy or choose one or more particular remedies at
different times.
In such event the Contractor shall not be entitled to receiver further payment until the Work is finished. If the unpaid
balance of the Contract Sum exceeds the expense of finishing the Contractor's Work and other damages incurred
by the Owner, such excess shall be paid to the Contractor. If such expense and damages exceed such unpaid
balance, the Contractor shall pay the difference to the Owner.
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ARTICLE 8 SUBCONTRACTS
§ 8.1 Approval of Subcontracts. The Contractor, as soon as practicable after award of the Contract, shall furnish
in writing to the Owner through the Construction Manager the names of subcontractors or suppliers for each portion
of the Work. The Contractor, prior to engaging any subcontractor, shall furnish the Engineer, in writing, with the
name and address of the subcontractor, and the nature and extent of the work to be performed. A list of five
completed similar projects by the subcontractor and the name, address and phone number of the Engineer in-
charge for each shall also be furnished. The Contractor shall not award any subcontract until the proposed
subcontractor has been approved by the Engineer and evidence has been presented to the Owner that the
employees of the subcontractor are protected by required insurance including worker’s compensation insurance.
§ 8.2 The Contractor shall require the subcontractors to comply with any and all rules, regulations, laws, statutes
and Contract requirements that apply to the Contractor including and not limited to insurance requirements.
Contractor agrees that it is fully responsible to the Owner for acts or omissions of its subcontractors and of persons
directly or indirectly employed by them.
§ 8.3 Subcontractors’ Insurance. Contractor shall be responsible to ascertain that subcontractors comply with
the insurance requirements of the Contract and specifically, Article 10 of this Agreement. Upon request, Contractor
shall provide Owner with copies of subcontractors’ certificates of insurance and/or insurance policies required under
the Contract.
§ 8.1 Upon termination of the Contract for any reason, Contractor shall at Owner’s written election: (a) remain
contractor of record for Project permits, licenses, certifications, authorizations, or the like, unless and until Contractor
is replaced as of record; and (b) upon written request of Owner, assign (including executing any documentation
related thereto) any and all Project subcontractor agreements to Owner or an entity designated by the Owner.
ARTICLE 9 WARRANTY
§ 9.1 WARRANTY The Contractor warrants to the Owner, Construction Manager, and Engineer that: (1) materials
and equipment furnished under the Contract will be new and of good quality unless otherwise required or permitted
by the Contract, free from faults and defects, and will be in conformance with the Contract; (2) the Work will be free
from defects not inherent in the quality required or permitted; and (3) the Work will conform to the requirements of
the Contract; (4) any applicable manufacturer’s warranties will be transferred to the Owner; (5) title to all work,
materials and equipment will pass to the Owner. A two (2) year guarantee of the materials, equipment and work
shall commence from the date of issuance of a Certificate of Substantial Completion of the Work (Warranty Period).
§ 9.2 Contractor shall, at its expense (including, without limitation, payment of all in-and-out-costs, and similar
charges) remedy all deficiencies appearing within the Warranty Period and, at its option, repair or replace all
defective work as required to accomplish this. All such repair and/or replacement work shall be warranted for the
greater of: the remaining time left on the Warranty Period or one year following the date such repair and/or
replacement was completed and accepted by Owner. If the Contractor fails to remedy such deficiencies within five
(5) business days after written notice from Owner, the Owner may cause such remedies to be performed and charge
the expense thereof to the Contractor.
§ 9.3 Twenty-Third Month Inspection. During the twenty-third (23rd) month after the date of Substantial
Completion, the Contractor shall meet with the Owner on a day mutually agreed upon and determine whether all
conditions related to warranties have been satisfied in accordance with the Contract. Should any defects appear at
this time, they are to be remedied by the Contractor prior to the expiration of the Warranty Period. Any warranties
which are in effect for more than two (2) years after the date of Substantial Completion shall continue under
conditions of the Contract. Nothing contained in this paragraph shall release the Contractor from its obligations
under the Contract.
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ARTICLE 10 INSURANCE AND BONDS
§ 10.1 The Contractor shall purchase and maintain insurance and provide bonds as set forth in the Bid
Specifications and as described below. In the event of a conflict between the requirements of the Bid Specifications
and this Agreement, the greater coverage requirement will govern. Contractor shall ascertain that subcontractors
comply with the insurance requirements of this Article 10.
§10.1.1 Worker’s Compensation and Employer’s Liability Insurance. Contractor shall carry Worker’s
Compensation Insurance in accordance with the Statutes of The State of New Jersey. Under Coverage A, Worker’s
Compensation, such coverage will be Statutory. Under Coverage B, Employers’ Liability, coverage will be unlimited
as respects employees subject to the New Jersey Workers’ Compensation Law, and not less than $1,000,000 for
other employments or exposures.
§10.1.2 Commercial General Liability Insurance. Contractor shall carry Commercial General Liability Insurance
which covers property damage, bodily injury and products and completed operations. The policy shall include
Bidder’s Protective Liability Insurance (also known as Contingent Liability Insurance) with the same limits. This
form may not be restricted in coverage by any endorsement attached to the policy. Policy Limits shall not be less
than:
$3,000,000 Each Occurrence
$ 100,000 Fire Legal Liability
$1,000,000 Personal and Advertising Injury Liability
$5,000,000 General Aggregate**
$2,000,000 Completed Operations/Products Liability Aggregate
** The General Aggregate shall apply separately for each project of the Contractor.
The Owner and its officers, agents and employees shall be named as an Additional Insureds under Contractor’s
Policy using ISO Endorsement Form CG2010 Additional Insured- Lessees, or Contractors (Form B). This coverage
shall be primary, including defense of the Owner. Contractor is also reminded that the Contract includes a Defense
and Hold-Harmless Agreement from the Contractor in favor of the Owner, Construction Manager, and Project
Engineer. Contractor shall provide this document to the Owner prior to any payment being made.
§10.1.3 Business Auto Liability Insurance. Coverage shall be provided under the latest Standard ISO Form
CA0001 as filed with and approved by the New Jersey Department of Banking and Insurance. Coverage shall be
provided for Symbol 1 “Any Auto”, or Symbol 2 “All Owned Autos”, Symbol 8 “Hired Vehicles”, and Symbol 9 “Non-
Owned Vehicles”. Should the Contractor neither own nor lease any vehicles, Symbol 8 and Symbol 9 are a minimum
requirement. Coverage shall be not less than $ 1,000,000 CSL (Combined Single Limit) for property damage and
bodily injury. The Owner and its officers, agents and employees shall be named as an Additional Insureds.
Contractor shall provide this document to the Owner prior to any payment being made.
§10.1.4 Umbrella Liability Insurance. Contractor shall carry Umbrella Liability Insurance in a limit not less than
$10,000,000 Each Occurrence and Annual Aggregate. General, Auto, and Employer’s Liability shall all fall under
this insurance. Coverage shall be on “follow-form” basis and this Policy shall not be more restrictive than the
coverage provided under the above-described primary policies. In the event of exhaustion of Primary Limits, this
policy shall drop down and act as primary until the exhaustion of its limits.
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§10.1.5 At the time of presentation of Contractor’s Bid or Proposal for the Project, Contractor shall include either a
Certificate of Insurance verifying that the Coverage requested above is in full force and effect or a Consent of
Insurance guaranteeing coverage will be in place at the commencement of the project. At the time the Contract is
awarded, Contractor’s Certificate of Insurance or Consent of Insurance shall also verify notice of not less than thirty
(30) day’s cancellation of coverage or non-renewal of coverage for any reason, with ten (10) day notice of
cancellation for non-payment of premium. Provision of all required insurance documents is a condition precedent
to payment to Contractor under the Contract.
§10.2 Performance, Payment, and Maintenance Bond. Contractor shall execute and deliver to the Owner a
performance, payment, and maintenance bond in the form required by Owner, with such sureties as are acceptable
to the Owner.
§ 10.2.1 Coverages, whether written on an occurrence or claims-made basis, shall be maintained without
interruption from the date of commencement of the Contractor’s Work until the date of final payment and termination
of any coverage required to be maintained after final payment to the Contractor, and, with respect to the Contractor’s
completed operations coverage, until the expiration of the period for correction of Work or for such other period for
maintenance of completed operations overage as specified in the Contract Documents.
§ 10.2.2 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of
the Contractor's Work. These certificates and the insurance policies required by this Article shall contain a provision
that coverages afforded under the policies will not be cancelled or allowed to expire until at least thirty (30) days'
prior written notice has been given to the Purchasing Agent of the City of Hoboken. If any of the foregoing insurance
coverages are required to remain in force after final payment and are reasonably available, an additional certificate
evidencing continuation of such coverage shall be submitted with the final application for payment as required
elsewhere in the Contract Documents. If any information concerning reduction of coverage is not furnished by the
insurer, it shall be furnished by the Contractor to Owner in writing within three (3) business days of request by the
Owner. Contractor’s failure to do so constitutes a material breach of contract.
ARTICLE 11 CHANGES IN THE WORK
§ 11.1 GENERAL
§ 11.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the
Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the
limitations stated in this Article 11 and elsewhere in the Contract.
§ 11.1.2 A Change Order shall be based upon agreement among the Owner, Engineer, Construction Manager and
Contractor; a Construction Change Directive requires agreement by the Owner, Engineer, and Construction
Manager and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be
issued by the Engineer alone.
§ 11.1.3 Changes in the Work shall be performed under applicable provisions of the Contract, and the Contractor
shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for
a minor change in the Work.
§ 11.1.4 In order to facilitate the review of quotations for extras or credits where the method of adjustment requires
an itemized accounting, proposals, except for those so minor that their propriety can be seen by inspection, shall
be accompanied by a complete itemization of costs including labor, materials and subcontracts. Labor and materials
shall be itemized and where major cost items are subcontracts, they shall also be itemized. In no case shall a
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change involving over $500.00 be approved without such itemization. All such documentation of costs shall be
supported by quantity takeoffs with cost extensions and totals for labor, material and equipment. The takeoffs shall
contain sufficient detail to clearly identify and describe the affected original Contract work, and to demonstrate that
it in fact had been properly included as an accurate cost component of the Contractor's bid proposal and the Contract
sum. The Contractor is required to promptly respond to requests by the Construction Manager and/or Engineer for
all appropriate back-up and supporting information for change orders. In the event the Contractor does not
cooperate or withholds such required information, the Owner shall be entitled to withhold all payments until the
requests are fully complied with.
§ 11.2 CHANGE ORDERS
§ 11.2.1 A Change Order is a written instrument prepared by the Construction Manager and signed by the Owner,
Contractor and Construction Manager stating their agreement upon all of the following:
.1
The change in the Work;
.2
The amount of the adjustment, if any, in the Contract Sum; and
.3
The extent of the adjustment, if any, in the Contract Time.
§ 11.2.2 It shall be the Contractor's responsibility to account for all cost elements and time elements associated with
any changed work including any and all cleanup and disposal, and shall present same in a request for change order.
The Contractor shall not later claim additional costs or additional time that by Contractor’s error or omission were
not included in an approved change order for the changed work, including claims for delay or extensions of time.
Notwithstanding any other provision of the Contract, execution of a Change Order by the Contractor shall constitute
a release and waiver of all further or future claims by the Contractor for additional costs or time directly or indirectly
associated with the identified change.
§ 11.3 CONSTRUCTION CHANGE DIRECTIVES
§ 11.3.1 A Construction Change Directive is a written order prepared by the Engineer or Construction Manager and
signed by the Owner and Construction Manager, directing a change in the Work prior to agreement on adjustment,
if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without
invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions,
deletions or other revisions in the Work, and changes to the Contract Sum, if any, and Contract Time, if any, being
adjusted accordingly.
§ 11.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change
Order.
§ 11.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall
be based on one of the following methods:
.1
Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data
to permit evaluation;
.2
Unit prices stated in the Contract or subsequently agreed upon;
.3
Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or
percentage fee; or
.4
As provided in Section 11.3.7.
§ 11.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change
in the Work involved and advise the Construction Manager in writing within ten (10) days of receipt of the
Contractor’s agreement or disagreement with the method, if any, provided in the Construction Change Directive for
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determining the proposed adjustment in the Contract Sum or Contract Time. Contractor’s failure to timely do so
shall be deemed acceptance of the method for determining the proposed adjustment.
§ 11.3.5 A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith,
including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall
be effective immediately and shall be recorded as a Change Order. Notwithstanding any other provision of the
Contract, execution of a Construction Change Directive by the Contractor shall constitute a release and waiver of
all further claims by the Contractor for additional costs or time directly or indirectly associated with the identified
change.
§ 11.3.6 If the Contractor provides timely notice of disagreement with the method for adjustment in the Contract
Sum, the Construction Manager shall determine the method and the adjustment on the basis of reasonable
expenditures and savings of those performing the Work attributable to the change, including, in case of an increase
in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set
forth in the Agreement, a reasonable amount. In such case, and also under Section 11.3.3.3, the Contractor shall
keep and present, in such form as the Construction Manager may prescribe, an itemized accounting together with
appropriate supporting data. Unless otherwise provided in the Contract, costs for the purposes of this Section 11.3.7
shall be limited to the following:
.1
Costs of labor, including social security, old age and unemployment insurance, fringe benefits required
by agreement or custom, and workers’ compensation insurance;
.2
Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or
consumed;
.3
Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor
or others;
.4
Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to
the Work; and
.5
Additional costs of supervision and field office personnel directly attributable to the change.
§ 11.3.7 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in
a net decrease in the Contract Sum shall be actual net cost as confirmed by the Construction Manager. When both
additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead
and profit shall be figured on the basis of net increase, if any, with respect to that change.
§ 11.3.8 Pending final determination of the total cost of a Construction Change Directive to the Owner, the
Contractor may request payment for Work completed under the Construction Change Directive in Applications for
Payment. The Engineer will make an interim determination for purposes of monthly certification for payment for
those costs and certify for payment the amount that the Construction Manager determines, in the Engineer’s
professional judgment, to be reasonably justified. The Construction Manager’s interim determination of cost shall
adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and
assert a claim in accordance with the Contract.
§ 11.3.9 When the Owner and Contractor agree with a determination made by the Construction Manager concerning
the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such
agreement shall be effective immediately and the Engineer will prepare a Change Order. Change Orders may be
issued for all or any part of a Construction Change Directive.
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§ 11.4 MINOR CHANGES IN THE WORK
The Construction Manager has authority to order minor changes in the Work not involving adjustment in the Contract
Sum or extension of the Contract Time and not inconsistent with the intent of the Contract. Such changes will be
effected by written order signed by the Engineer and shall be binding on the Owner and Contractor.
§ 11.5 The provisions of N.J.S.A. 40A:11-16.7(c) and (d) “Change in character of work provisions” and “Changes
in quantity” shall be incorporated by reference into this Article 11; and in the event of a conflict between the
paragraphs in Article 11 above and the statute, the provisions of the statute shall control. Any claim made by the
Contractor related to changes in the work must be made pursuant to Article 14 of this Agreement.
ARTICLE 12 PROTECTION OF PERSONS AND PROPERTY
§ 12.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and
programs in connection with the performance of the Contract. The Contractor is solely responsible for compliance
with all applicable safety regulations regarding safety and confined space entry including, but not limited to, those
of the Occupational Safety and Health Administration (OSHA), National Safety Council, State of New Jersey,
Department of Labor and Industry, etc.
§ 12.1.1 The Contractor shall submit the Contractor’s safety program to the Construction Manager for review and
coordination with the safety programs of any other contractors. The Construction Manager’s responsibilities for
review and coordination of safety programs shall not extend to direct control over or charge of the acts or omissions
of the Contractor, Subcontractors, agents or employees of the Contractor or Subcontractors, or any other persons
performing portions of the Work and not directly employed by the Construction Manager.
§ 12.2 SAFETY
§ 12.2.1 The Contractor shall take precautions for safety of, and shall provide protection to prevent damage, injury
or loss to:
.1
employees on the Work, Owner and its representatives, inspectors, the traveling public in the vicinity
of the site, invitees to the site, and other persons who may be affected thereby;
.2
the Work and materials and equipment to be incorporated therein, whether in storage on or off the
site, under care, custody or control of the Contractor or the Contractor’s Subcontractors or Sub-
subcontractors; and
.3
other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements,
roadways, structures and utilities not designated for removal, relocation or replacement in the course
of construction.
§ 12.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes,
rules and regulations, and lawful orders of public authorities bearing on safety of persons or property or their
protection from damage, injury or loss. The Contractor is responsible for determining which laws apply to the
Contractor’s performance under the Contract. Any reference to laws within the Contract are not intended as a
limitation on the Contractor’s responsibility to comply with all laws that relate to the Project.
The Contractor will be responsible for providing general safeguarding as well as gaining compliance with the
requirements of safety codes and ordinances and coordinating with all Contractors on the Project in accordance
with N.J.S.A. 34:5-166 et seq. the State of New Jersey Construction Safety Code. The Contractor shall obtain
Material Safety Data Sheets (M.S.D.S.) for all material to be used on site and prior to material being brought on site,
and shall make them available for inspection as required by law.
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The Contractor shall hold weekly safety meetings with its subcontractors to provide for the safeguarding of persons
and property. The Contractor shall record minutes of the meetings and submit copies to the owner on a weekly
basis for the record. The Contractor shall provide the Owner, at the initial project meeting, a written safety program
and hazard communication program as required by OSHA.
If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from
a material or substance encountered on the site by the Contractor, the Contractor shall, upon recognizing the
condition, immediately stop Work in the affected area and report the condition to the Owner and Engineer in writing.
§ 12.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the
Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings
against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities.
§ 12.2.4 The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the
Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by
anyone for whose acts they may be liable or for which the Contractor is responsible.
§ 12.2.5 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or
create an unsafe condition.
§ 12.2.6 The Contractor shall designate a responsible member of the Contractor’s organization at the site whose
duty shall be the prevention of accidents. This person shall be the Contractor’s superintendent unless otherwise
designated by the Contractor in writing to the Owner and Engineer.
§ 12.2.7 INJURY OR DAMAGE TO PERSON OR PROPERTY
In the event of injury or damage to person or property on the Project site, written notice of such injury or damage,
whether or not insured, shall be given to the Construction Manager within twenty-four (24) hours of the event. The
notice shall provide sufficient detail to enable the Construction Manager to investigate the matter.
ARTICLE 13 CORRECTION OF WORK
§ 13.1 The Contractor shall promptly correct Work rejected by the Owner, Construction Manager or Engineer as
failing to conform to the requirements of the Contract. The Contractor shall bear the cost of correcting such rejected
Work, including the costs of uncovering, replacement and additional testing.
§ 13.2 In addition to the Contractor’s other obligations including warranties under the Contract, the Contractor shall,
for a period of two (2) years after the issuance of a Certificate of Substantial Completion, correct work not conforming
to the requirements of the Contract.
§ 13.3 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner, in its sole
discretion, may decide to accept the nonconforming work, in which case an appropriate deduction as determined
by the Engineer, will be made against the Contract Sum by change order.
ARTICLE 14 CLAIMS AND DISPUTES
§ 14.1 CLAIMS
§ 14.1.1 DEFINITION
A claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other
relief with respect to the terms of the Contract. The term also includes other disputes and matters in question
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between the Owner and Contractor arising out of and/or relating to the Contract and/or the Project. The responsibility
to substantiate claims shall rest with the party making the claim.
§ 14.1.2 NOTICE OF CLAIMS
Contractor must give written notice to the Initial Decision Maker with a copy to Owner and Construction Manager of
any claim for increase to the Contract Sum, extra compensation or damages of any kind, or extension of time as
soon as possible, and in no event later than ten (10) days after Contractor first learns of the act, omission,
occurrence or circumstance on which the claim is based. Claims shall be identified with a title or a caption stating,
“Notice of Claim”, and shall state in detail the nature of the claim. The purpose of this notice is to give the Owner
prompt opportunity: (a) to cancel or revise orders or directions, change plans, mitigate or remedy circumstances
giving rise to the claim or to take other action that may be desirable; (b) to monitor and verify the facts and
circumstances as they occur; and (c) to verify any costs and expenses claimed by the Contractor
contemporaneously as they are incurred. Written notice is required whether or not Owner, Construction Manager,
or Engineer is aware of the facts or circumstances that constitute the basis for the Contractor’s claim, and no action
or conduct of Owner, Construction Manager, or any other person will be regarded as a waiver of such notice
requirement except a written statement to that effect signed by Owner. Failure of the Contractor to give written
notice as required shall be deemed conclusively to be a waiver and release of any claim, and such notice shall be
a condition precedent to the Contractor’s right to make any claim arising out of, under, or in connection with the
Contract or the performance of the Work. Time is of the essence of this provision.
§ 14.1.3 CONTINUING CONTRACT PERFORMANCE
Pending final resolution of a claim, except as otherwise agreed in writing, the Contractor shall proceed diligently
with performance of the Contract. The Construction Manager will prepare Change Orders and issue Certificates for
Payment in accordance with the decisions of the Initial Decision Maker. Contractor shall have no right to suspend
all or any part of the work or refuse to comply with any written instruction of the Construction Manager pending
resolution of a dispute providing that the Owner shall continue to make payments of undisputed amounts in
accordance with the Contract. Any such suspension or refusal will be considered a material breach of the Contract.
Contractor may preserve whatever right, if any, it may have to make a claim by giving notice of a claim as required
under the Contract and advising Owner that it is proceeding under protest.
ARTICLE 15 CONSTRUCTION SCHEDULE
§ 15.1 Time limits stated in the Contract and this section and all dates and deadlines in the Contract, Project
Schedule, and performance of the Work are of the essence of the Contract. Contractor understands and agrees
that an accurate and approved Schedule is critical to the performance of the Work.
§ 15.2 Approved Construction Schedule. Upon award of the Contract the Contractor shall submit a detailed
manpower-loaded construction schedule for work of the entire Project to be prepared in accordance with the
Specifications. Contractor shall make appropriate revisions as needed in order to obtain the approval of the Engineer
and Construction Manager within twenty (20) business days of the award of the Contract. (“Approved Construction
Schedule”) The Approved Construction Schedule and any Schedule Updates (collectively, “Schedule”) are to be
produced with Primavera P6 CPM scheduling software, and to be provided to the Construction Manager in paper
and electronic form.
§ 15.3 Schedule Updates. The Approved Construction Schedule shall be updated at least every 30-calendar days
or as often as deemed necessary by the Engineer and Construction Manager. (“Schedule Updates”) The Contractor
shall provide Schedule Updates with required advance and cooperative input from each Subcontractor. Upon seven
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(7) working days of such request by the Engineer or Construction Manager, the Contractor shall provide a Schedule
Update.
All Schedule Updates must show a substantial completion date consistent with the date required by the Contract.
Changes in logistics or durations shall not be made, except for good cause, and shall not result in an extension of
the time for substantial completion except to the extent that the substantial completion date has been extended by
written signed Change Order. In the event activities on the critical path fall behind the Schedule, the Contractor
shall develop a recovery plan to revise logistics, add manpower resources to reduce durations, expedite
procurement or advance start of activities, to get the Project back on Schedule to assure completion in accordance
with the substantial completion date; The recovery plan shall be appropriately adjusted by the Contractor in order
to obtain the approvals of the Engineer and Construction Manager.
§ 15.4 Liquidated Damages for Schedule failures. Contractor acknowledges that an accurate and complete
Schedule is critical to efficient progress of the Work. Inasmuch as the negative impact to the Project and the damage
and loss to the Owner which will result from a failure by the Contractor to timely provide an Approved Construction
Schedule or Schedule Updates is difficult to quantify and likely to include project inefficiencies and additional change
orders due to inefficiencies, in accordance with NJSA 40A:11 -19 the Contractor will be assessed liquidated
damages in the sum of TWO THOUSAND DOLLARS ($2,000.00) per day in the case of such failure or failures on
the part of such Contractor, continuing until the date of correction. Liquidated damages assessed under this
provision shall be in addition to liquidated damages assessed under any other provision of the Contract.
ARTICLE 16 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS
§ 16.1 Owner’s Right to Perform Construction with Own Forces and to Award Other Contracts
§ 16.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner’s
own forces, which include persons or entities under separate contracts, and to award other contracts in connection
with other portions of the Project or other construction or operations on the site under Conditions of the Contract
identical or substantially similar to these including those portions related to insurance and waiver of subrogation.
§ 16.1.2 The Contractor shall coordinate and cooperate with the Owner’s own forces and separate contractors
employed by the Owner. Where the parties cannot agree as to who has precedence in any location the decision
shall rest with the Engineer, whose determination shall be final and binding.
§ 16.2 Mutual Responsibility
§ 16.2.1 The Contractor shall afford the Owner’s own forces, Construction Manager and separate contractors
reasonable opportunity for introduction and storage of their materials and equipment and performance of their
activities, and shall connect and coordinate the Contractor’s construction and operations with theirs as required by
the Contract.
§ 16.2.2 If part of the Contractor’s Work depends for proper execution or results upon construction or operations by
the Owner’s own forces or separate contractors, the Contractor shall, prior to proceeding with that portion of the
Work, promptly report to the Construction Manager apparent discrepancies or defects in such other construction
that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall
constitute an acknowledgment that the Owner’s own forces or other contractors’ completed or partially completed
construction is fit and proper to receive the Contractor’s Work, except as to defects not then reasonably
discoverable.
Page 107 of 115
§ 16.2.3 The Contractor shall Indemnify, as defined in § 1.7.13, and reimburse the Owner for costs the Owner
incurs, including costs that are payable to a separate contractor or Owner’s consultants because of the Contractor’s
delays, improperly timed activities or defective construction.
§ 16.2.4 The Contractor shall immediately remedy damage the Contractor wrongfully causes to completed or
partially completed construction or to property of the Owner or separate contractors and shall Indemnify the Owner
for same. This obligation shall be in addition to all other obligations of the Contractor set forth in the Contract.
§ 16.2.5 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make
its parts fit together properly. All areas requiring cutting, fitting and patching shall be restored to the condition existing
prior to the cutting, fitting and patching, unless otherwise required by the Contract Documents.
§ 16.2.6 The Contractor shall not damage or endanger a portion of the Work, or fully or partially completed
construction of the Owner’s own forces or of separate contractors by cutting, patching, or otherwise altering such
construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner’s own
forces or by other Multiple Prime Contractors except with written consent of the Construction Manager, Owner and
such other Multiple Prime Contractors; such consent shall not be unreasonably withheld. The Contractor shall not
unreasonably withhold from the other Multiple Prime Contractors or the Owner the Contractor’s consent to cutting
or otherwise altering the Work.
§ 16.3 Owner’s Right to Clean Up
If a dispute arises regarding the responsibility for maintaining the premises and surrounding area free from waste
materials and rubbish, the Owner may clean up and the Construction Manager will allocate the cost among those
responsible.
ARTICLE 17 ADDITIONAL TERMS
§ 17.1 Severability If any part of the Contract or its application to any situation is to any extent invalidated or found
to be contrary to law, the remainder of the Contract, and the application to other situations of any provision found
invalid as to any given situation, shall not be affected thereby.
§ 17.2 Notice Any notices required to be given by the terms of this Contract, or by any law or governmental
regulation, either by Owner or by the Subcontractor, or which either party may desire to give hereunder, shall be in
writing and shall be personally delivered or forwarded by overnight service, express mail, or registered or certified
mail return receipt requested, and shall be addressed to the other party at its address as herein stated. The time
of the issuance of such notice shall be deemed to be the time when the same was personally delivered or received.
Either party may change the address to which any notice is to be sent by written notice of such change of address
to the other party in the manner provided herein. Notice shall be effective on the date of delivery as appearing on
the delivery receipt, or in the absence of such receipt, on the date of attempted delivery as reflected in the courier’s
records.
§ 17.2.1 Notice to Owner:
Olga Y. Garcia - City Engineer - City of Hoboken
94 Washington Street
Hoboken, NJ 07030
(201) 420-2000 x1105
ogarcia@hobokennj.gov
Page 108 of 115
§ 17.2.2 Notice to Contractor:
(Name, address and other information)
§ 17.3 Modifications The Contract Documents constitute the entire agreement between the Owner and the
Contractor, and cannot be amended, modified or changed except if done so in a writing signed by both the Owner
and the Contractor (“Modification”).
§ 17.4 Assignment The Contract shall not be assigned without written consent of the Owner and its governing
body which may be withheld in Owner’s sole discretion.
§ 17.5 Audit Contractor shall keep and maintain full, complete and detailed records of all of its costs. Contractor
authorizes the Owner or its delegate to inspect and audit, during business hours and after 24-hour notice, all records
relating to the Project, including by way of example and not by limitation: invoices, data maintained in any form,
insurance information, daily reports, scheduling information, communications, financial books and records of
account, manpower reports, labor records, photographs, and documentation of payments made to subcontractors
and suppliers, and any other matter relating to the Project deemed relevant by Owner. Contractor agrees to provide
the City with any relevant information requested and shall permit the City access to its premises, upon reasonable
notice, during normal business hours for the purpose of inspecting and copying such books, records, accounts, and
other material that may be relevant to a matter under investigation for the purpose of determining compliance with
this requirement. Contractor shall preserve such records, books and accounts for a period of five (5) years after
the Final Completion Date.
Relevant records of private vendors or other person entering into contracts with covered entities are subject to audit
or review by the New Jersey Office of the State Comptroller (OSC) pursuant to N.J.S.A. 52:15C-14(d). Such records
shall be made available to the OSC upon request. Contractor shall maintain all Project records under this Contract
for a period of five (5) years from the date of final payment.
§ 17.6 Interest. Payments due and unpaid under the Contract shall not bear interest except to the extent required
by law.
§ 17.7 No Third Party Beneficiaries. No provision of this Contract shall in any way inure to the benefit of any third
party so as to constitute any such person as a third party beneficiary of the Contract or of any of its terms, or
otherwise give rise to any cause of action in anyone not a party hereto.
§ 17.8 No Waiver. Any law, usage, or custom to the contrary notwithstanding, Owner shall have the right at all
times to enforce all terms, conditions and covenants hereof in strict accordance herewith, notwithstanding any
conduct or custom on the part of either party in refraining from so doing at any other time or times. The failure of
Owner to insist upon the strict performance of any provision of this Contract, or the failure of Owner to exercise any
right, option, or remedy hereunder, shall not be construed as a waiver of any such provision, right, option, or remedy,
or as a waiver of any breach thereof. No action or failure to act by the Owner shall constitute a waiver of any right
it may have under the terms of this Contract.
§ 17.9 Governing Law. The Contract shall be governed by and construed in accordance with the Laws of the State
of New Jersey.
Page 109 of 115
§ 17.10 Waiver of Claims for Consequential Damages. The Contractor waives claims against the Owner and/or
its consultants, and their agents and employees, for consequential damages arising out of or relating to this
Contract. This waiver includes damages claimed by the Contractor including but not limited to: principal office
(“home office”) overhead and expenses including but not limited to the compensation of personnel stationed there;
for losses of financing, business and reputation; and for lost profits. This waiver is applicable, without limitation, to
all consequential damages due to the Owner’s termination of the Contract. Nothing contained in this Section shall
be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of
the Contract.
This Agreement is entered into as of the day and year first written above.
City of Hoboken
[_____________________]
OWNER (Signature)
CONTRACTOR (Signature)
(Printed name and title)
(Printed name and title)
MAINTENANCE (WARRANTY) BOND
KNOW
ALL
BY
THESE
PRESENTS,
that
we,
the
undersigned,
___________________________________________
Contractor
and
Principal,
and
___________________________ a surety organized under the laws of the State of
_______________________ and duly authorized to do business in the State of New Jersey,
as Surety, are hereby held and firmly bound unto the City of Hoboken (“City”) as Owner and
Obligee, in the penal sum of not less than fifteen percent of the Final Contract amount of
_________________________________($________________) to which payment well and
truly to be made, we hereby jointly and severally bind ourselves, our and each of our heirs,
executors, administrators, successors and assigns and severally, firmly by these presents.
WHEREAS, Contractor entered into a Contract dated the _____ day of _____________,
________
with
the
City
for
construction
of
a
project
known
as
____________________________ (“the Contract”); and
WHEREAS, the work under said Contract was finally completed and accepted on the _____
day of __________________, __________;
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that; during the term
of this Bond, the Contractor and Surety, jointly and severally, bind themselves, their heirs,
executors, administrators, successors, and assigns, to the City for the Contractor’s guarantee
obligations set forth in the Contract, which is incorporated herein, including all contract
documents, by reference; and
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall satisfy its
warranty and guarantee obligations under the Contract such that the work will be free of any
Page 110 of 115
defective materials or workmanship which became apparent during the period of two (2) years
following final completion and acceptance of the Contract, then this obligation shall be void,
otherwise to remain in full force and effect, provided however, any additional warranty or
guarantee whether expressed or implied is extended by the Principal or Manufacturer only. It
being expressly understood that all claims hereunder shall, in no event, exceed the penal
amount of this obligation as herein stated.
IN WITNESS WHEREOF, the Principal and Surety have set their hands and seals, and such
of them as are corporations having their corporate seals to be hereto affixed and these
presents to be signed by their proper corporate officers, the day and year first set forth above.
CONTRACTOR AS PRINCIPAL
SURETY
Company:
(Corporate Seal)
Company:
(Corporate Seal)
Signature:
Signature:
Name and
Title:
« »« »
Name and
Title:
« »« »
Address:
« »
Address:
« »
Page 111 of 115
ENVIRONMENTAL COMMITMENTS
1. Construction activities are to comply with NJ standards for soil erosion and sediment control.
2. If there are any changes to the proposed activities, they must be re-evaluated by BEPR to determine the
need for additional regulatory compliance.
3. The project will not involve any activity (including staging) outside the limits of previously disturbed areas.
All project related activities will occur within the existing roadway. Construction staging activities (including
the storage of equipment/vehicles/materials) are prohibited in environmentally sensitive areas. If the
contractor wishes to use these areas or access these areas for any reason, all appropriate
permits/approvals must be obtained prior to such use.
4. Proposed new inlets, reconstructed inlets, and existing inlets that come into contact with
resurfacing/repaving, repairing (except individual pothole repair), reconstruction or alterations must meet
new jersey pollutant discharge elimination system (NJPDES) requirements.
5. Best management practices will be utilized to prevent sediment and debris from entering environmental
sensitive areas.
6. Several landscape resources including stone or concrete walls, fences or rock outcrops, which are found
all along the western edge of frank Sinatra Drive must be retained.
7. If the marine bollards are to be relocated, they should be relocated within the same immediate vicinity for
purposes of streetscape improvement therefore should not pose any historic preservation-related
concerns. Additionally, project plans should ensure that all existing bollards are itemized and remain in
the project’s immediate vicinity.
8. Comply with applicable NJDEP permits during construction. All terms and conditions of environmental
permits will be adhered to.
9. Implement standard measures for minimization of construction-related noise impacts during construction.
10. Implement timing restrictions for tree clearing from April 1st - September 30th for northern long-eared bat.
11. When installing new or replacing existing permanent lights, use downward-facing, full cut-off lens lights
(with same intensity or less for replacement lighting); or for those transportation agencies using the bug
system developed by the illuminating engineering society, be as close to 0 for all three ratings with a
priority of "uplight" of 0 and "backlight" as low as practicable.
12. No impacts to brick sewer system are anticipated, however the contractor must contact engineer if the
brick sewer system is encountered in the field
13. Contractor shall not directly impact any features along the western side of the road. Those features
include but are not limited to the following: rock bluffs along castle point, the wall along elysian park, the
stone wall at 5th street, and the fencing around sybil cave.
Page 112 of 115
SPECIAL PROVISIONS
Page 113 of 115
AMENDMENTS AND SUPPLEMENTS TO THE TECHNICAL SPECIFICATIONS
SP-1
Prior to beginning any work, the Contractor will prepare and distribute to all properties affected by the project
a letter outlining the proposed improvements and the anticipated dates and duration of each phase of work.
This letter will be reviewed and approved by the Engineer prior to distribution and will be distributed by the
Contractor not less than seven days prior to the beginning of work.
If the Contractor deviates from the original letter's dates of construction, a follow up letter shall be distributed
to the homeowners.
In addition to the above letter, the Contractor shall provide a second notice to the residents and businesses 24
hours in advance of the work. This notice shall provide additional details on starting and duration times of
the work.
If the Contractor deviates from the original letter's dates of construction, a follow up letter shall be distributed
to the residents and businesses.
SP-2
LOCATION OF EXISTING UTILITIES
Prior to the excavation for any run of pipe, the Contractor shall have all utilities marked in the field. The
Contractor shall arrange for any necessary utility relocations and shall reschedule its operations appropriately.
SP-3
PERMIT ACQUISITION BY CONTRACTOR
The Contractor shall properly and promptly file all permit applications which are its responsibility. If, through
no fault of the Contractor, a permit which is filed in a timely manner is not obtained within 60 calendar days
of the filing date of the application, the Contractor will be granted an appropriate extension of time to the
contract. The Contractor shall make no claim for additional compensation on account of any delay in
obtaining the necessary permits.
Contractor shall obtain any and all permits, which by law or agency regulations are required to be obtained
by the Contractor.
All conditions made a part of any permit shall be imposed upon the Contractor as if they were described in
the contract document. All additional costs associated with a permit fee resulting from the Contractor’s
activity outside the area depicted in the contract documents shall be the responsibility of the Contractor.
Wherever necessary or appropriate, the Owner shall assist the Contractor in the acquisition of permits.
SP-4
EXISTING SYSTEM
The Contractor is not to interfere with the employees of the Owner in performing any work that they may be
considered necessary to the existing systems during the construction of this contract.
SP-5
EMERGENCY PUBLIC SERVICES COORDINATION
The Contractor shall notify the local Fire Departments, First Aid Squads, and any other emergency public
services prior to construction on any street. Access to vehicles and equipment must be maintained at all times.
The Contractor shall not prevent, or in any way impair, the movement of these vehicles.
SP-6
PROTECTION OF PROPERTY
The Contractor shall take responsible care and caution to preserve and protect the site(s), all existing pavement,
curbs, easement areas, trees, and shrubs, sidewalk, private and public property along and adjacent to the lines
of work. Destruction to any of the above items shall be repaired or replaced at the Contractor’s expense.
SP-7
OSHA
The Contractor must perform all work in conformance with OSHA regulations, as well as all local, state, and
federal regulations.
Page 114 of 115
SP-8
NOTICE TO OWNER
The Contractor shall provide the Owner at least 72 hours’ notice concerning which areas are to be affected by
its operations. Under no circumstance is Contractor to leave an unsafe traffic condition.
SP-9
WORK HOURS
If the Contractor determines it must perform all or a portion of the work at hours other than the working hours
stipulated in the contract, it must notify the Owner at least 24 hours in advance of the work and must receive
written approval for this work to be done at the requested hours. Typically, no work shall be performed on
Sundays or holidays. No additional payment will be made for work performed during hours other than the
normal working hours as defined in the Contract. The Contractor shall refer to General Note #6 on Sheet 3 of
the Plans regarding works hours.
SP-10
DISPOSAL OF MATERIALS
The Contractor shall, at its own expense, make arrangements with, and dispose of material removed from the
project site at a facility permitted by the NJDEP to accept such materials. Dewatering of materials and disposal
parameters shall be consistent with all State, County and Municipal regulatory requirements.
SP-11
NJDOT NOTIFICATION
Contractor shall be responsible for all NJDOT traffic notification requirements.
SP-12
THE TERM “ENGINEER,” IS AMENDED TO INCLUDE THE FOLLOWING:
THE CITY ENGINEER IS OLGA GARCIA, PE
THE CONSULTING ENGINEER IS:
Name:
Kimley-Horn and Associates, Inc.
Address:
301 Carnegie Center Blvd, Suite 202, Princeton, NJ 08540
Contact:
Jeffrey M. DePaolis, P.E., PTOE
Telephone:
(412) 615 - 4396
Facsimile:
Email:
jeff.depaolis@kimley-horn.com
SP-13
THE TERM “PLANS,” IS AMENDED TO INCLUDE THE FOLLOWING:
The plans prepared for this project consist of:
Plans entitled “Frank Sinatra Drive Complete Streets Redesign Phase 2 of 2 -Sinatra Drive”, consisting of 107
sheets, which have been signed and sealed by Jeffrey M. DePaolis, P.E. of Kimley-Horn and Associates, Inc.
SP-14
TIME ALLOWED AND SUBSTANTIAL COMPLETION
All Work stipulated in the Contract shall be fully completed within Three Hundred Sixty-Five (365) Calendar
Days of the Notice to Proceed.
SP-15
WAGE RATES
The contractor shall pay the minimum wage rates determined by the New Jersey Department of Labor.
SP-16
NJDOT APPROVAL
All awards shall be made subject to the approval of the New Jersey Department of Transportation. No
construction shall start before approval of said award by the New Jersey Department of Transportation. Prior
to the start of construction the contractor must submit a Material Questionnaire (SA‐11) listing all sources of
materials. Any materials used on the project from a non‐approved New Jersey Department of Transportation
source will be considered non‐participating. The contractor is also notified that the District Office, Division
Page 115 of 115
of Local Aid and Economic Development must be notified of the construction commencement date at least
five (5) calendar days prior to the start of construction.
SP-17
SPECIFICATIONS TO BE USED
The 2019 Standard Specifications for Road and Bridge Construction, of the New Jersey Department of
Transportation (Department) as amended herein will govern the construction of this Project and the execution
of the Contract.
SP-18
TECHNICAL SPECIFCATIONS
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 for Road and Bridge Construction, of the New Jersey Department of Transportation
(Department) unless otherwise noted.
SP-19
HUDSON COUNTY REQUIREMENTS
County Road opening permit will be required within County right of way. Soil Erosion and Sediment Control
permit will be required for the project site. The County to be included as additional insured for all insurance
and bonding.
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Sincerely,
Caleb D. Stratton, AICP, PP, CFM
Assistant Business Administrator and Chief Resilience Officer
94 Washington Street
Hoboken, New Jersey 07030
OFFICE OF THE BUSINESS ADMINISTRATOR
DEPARTMENT OF ADMINISTRATION
CITY HALL
94 WASHINGTON STREET
HOBOKEN, NEW JERSEY 07030
(201) 420-2000 EXT. 1100
RAVINDER S. BHALLA
MAYOR
CALEB STRATTON, AICP, PP, CFM
ASSISTANT BUSINESS ADMINISTRATOR
JASON R. FREEMAN,
DIRECTOR OF OPERATIONS
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"...The successful bidder shall furnish and deliver to the Owner a performance and payment bond in the amount of 100 percent of the accepted bid amount as security for the faithful performance and payment of the Contract...."
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"...In the event of the failure of the Contractor to complete the said work within the time stated in the Contract, the Contractor shall be liable to the City in the sum of TWO-THOUSAND DOLLARS ($2,000.00) per day for each and every calendar day that the work remains incomplete in accordance with designated phased completions...."
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Jennifer Mastropietro, QPA
Purchasing Agent · Division of Purchasing
hidden@email.com
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First Discovered
Apr 2, 2026
Last Info Update
Apr 30, 2026
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