180-26 - Exhibit A. CDBG 2025 SPECS_compressed.pdf

TOWNSHIP OF WEST ORANGE COUNTY OF ESSEX, NEW JERSEY 2025 CDBG ROAD REHABILITATION STANDISH AVENUE AND FREMONT STREET ROAD INSTRUCTIONS TO BIDDERS PROPOSALS RECEIVED The Township of West Orange, Essex County, New Jersey (hereinafter called the OWNER), will receive proposals for the 2025 CDBG ROAD REHABILITATION STANDISH AVENUE AND FREMONT STREET , at the time and place and under the conditions stated in the NOTICE TO BIDDERS. WORK INCLUDED The work generally consists of approximately 3,000 linear feet of granite curb, 800 square yards of sidewalk, 5,300 square yards of HMA milling, and 800 tons of hot mix asphalt surface course, crosswalk striping, replacement of various inlet casting & inlet reconstruction and related improvements; all in accordance with the form of proposal, contract and specifications prepared by Township of West Orange Department of Engineering, 25 Lakeside Avenue, West Orange, New Jersey. PROPOSAL Each proposal must be made upon forms contained herein. The proposal, as submitted, shall not be separated from the volume containing the other contract documents which are bound with it. The blank spaces in the proposal must be filled correctly where indicated for each and every item and the bidder must state, both in words and numerals written or printed in ink, the prices for which he proposes to do each item of the work contemplated. In case of discrepancy between the words and numerals, the words shall govern. Ditto marks are not considered writing or printing and shall not be used. The bidder shall sign his proposal correctly. If the proposal is made by an individual, his name and post office address must be shown. If made by a firm or partnership or by a corporation, the proposal must be signed by an official of the firm, partnership or corporation authorized to sign contracts, and must also show the post office address of the firm, partnership or corporation. Bidders are instructed to submit the following properly completed documents with their proposal: (1) a Non-Collusion Affidavit, (2) a Consent of Surety, and (3) Record of Recent Contract Awards, all on the forms contained herein. A copy of the Bidder’s Business Registration Certificate must be submitted with the bid. 1B-1

Please provide one hard copy and one additional copy of your proposal which should be on an external storage device (example USB flash drive/or CD). In the event the Township decides to award this contract; Contractor is herein advised that he/she will be required to attend the Council meeting at which it is scheduled to be awarded on to answer questions by the governing body at no additional charge to the Township. 4, BUSINESS REGISTRATION CERTIFICATE Chapter 57, PL 2004 requires that all business organizations (except non-profit entities and other government agencies) that do business with a public entity must provide a copy of its Business Registration Certificate issued by the New Jersey Department of the Treasury (Division of Revenue) prior to the issuance of a contract and/or purchase order. A business registration form may be obtained by calling the New Jersey Department of the Treasury at 609-292-0252 or online at www.nj.gov/treasury/revenue/taxreg.htm. The Business Registration Certificate must be submitted with the bid. 5. CONTRACTOR REGISTRATION The Public Works Contractor Registration Act, NJSA 34:11-56.48 et seq., which became effective on April 11, 2000, provides generally that no contractors or subcontractors shall bid on or engage in any public work contract (or part thereof) for the construction, reconstruction, demolition, alteration, repair or maintenance of a public building regularly open to or used by the general public unless they are registered with the Commissioner of Labor of the State of New Jersey. The Contractor Registration Certificate must be submitted with the bid. Registration application forms and copies of the Public Works Contractor Registration Act may be obtained by contacting: Contractor Registration Unit New Jersey Department of Labor Division of Wage & Hour Compliance P.O. Box 389 Trenton, New Jersey 08625-0389 Telephone: 609-292-9464 Fax: 609-633-8591 E-mail: contreg@dol.state.nj.us 6. IRREGULAR PROPOSALS Proposals may be rejected if they show any omissions, alterations of form, additions not called for, conditional or alternate bids, or irregularities of any kind. Bids which are considered to be unbalanced or unreasonable as to the amount bid for any lump sum or unit price item may be rejected. The Owner reserves the right to waive any informality in proposals as submitted. 1B-2

Te COMPETENCY OF BIDDERS Bidders shall be experienced in the kind of work to be performed and shall have the necessary equipment therefore and sufficient capital to properly execute the work within the time allowed. 8. CERTIFIED CHECK, CASHIER'S CHECK OR BID BOND Each bid must be accompanied by a certified check, cashier's check, or bid bond in the sum of ten percent (10%) of the amount of the bid, satisfactory to and payable to the order of the Owner. The certified check, cashier's check or bid bond submitted by the bidder to whom a contract is awarded shall be retained until a contract is executed and the required performance bond furnished. Certified checks, cashier's checks, or bid bonds submitted by other bidders shall be returned within three (3) business days after the award of the contract. In the event that the Owner shall reject all bids or shall not award a contract within sixty (60) days after the opening of bids, all certified checks, cashier's checks and bid bonds shall be returned within three (3) days after such rejection or the expiration of such period, as the case may be. 9. PERFORMANCE AND MAINTENANCE BOND The successful bidder at the time of the execution of the Contract must deposit with the Owner a surety company bond for the satisfactory completion of the work in an amount equal to the amount of the contract award. The form of the bond and the surety shall be acceptable to the Owner. Surety companies shall be only those authorized to transact business in New Jersey. Prior to the payment of the final estimate, the Contractor shall furnish a certificate from his surety stating that the performance bond covers the one-year defective workmanship and materials guarantee period or if it does not, the Contractor shall provide a separate Maintenance Bond. The Maintenance Bond shall include the following: "In case of default under this obligation, it is understood that the Owner has the option of taking the cash or of having the Surety do the work." 10. EXECUTION OF CONTRACT The party to whom Contract is awarded or his authorized representative will be required to execute the Contract within ten (10) business days from the date of Notice of Award, and, in case of his failure or neglect to do so, the Owner may, at its option, determine that the bidder has abandoned the Contract, and thereupon the proposal and acceptance shall be null

e of Award, and, in case of his failure or neglect to do so, the Owner may, at its option, determine that the bidder has abandoned the Contract, and thereupon the proposal and acceptance shall be null and void, and the security accompanying the proposal shall be forfeited to the Owner. 1B-3

11. 12. CONTRACTOR'S INSURANCE The Contractor shall secure and maintain such insurance from insurance company authorized to write casualty insurance in the State as will protect himself, his subcontractors, and the Owner from claims for bodily injury, death or property damage which may arise from operations under this Contract. The Contractor shall not commence work under this Contract until he has obtained all insurance required under this section and until he has filed a certificate of insurance with the Owner prior to award of bid. Each insurance policy shall contain a clause providing that it shall not be canceled by the insurance company without ten (10) days written notice to the Owner of intention to cancel. An endorsement showing the Township of West Orange to be additionally insured shall be included in all policies as follows: "The Township of West Orange, its officers, agents, servants, and employees as their interest may appear are covered by this policy". All parties to the Contract must be named in the Certificate of Insurance as additional insured/coinsured. The amounts of such insurance shall not be less than the following: a) Workmen's Compensation and Employer's Liability Insurance shall be secured and maintained as required by the State. b) Public Liability, Bodily and Property Damage: 1: Injury or death $1,000,000 occurrence/ $2,000,000 aggregate 2. Property Damage $ 250,000 occurrence/ $ 500,000 aggregate 3. Fire and Extended Coverage Equal to bid price c) Automobile and Truck Public Liability Bodily Injury and Property Damage: 4. Injury or death $1,000,000 occurrence/ $2,000,000 aggregate 2 Property Damage $ 250,000 occurrence/ $ 500,000 aggregate d) Contractors General Liability including completed operations $1,000,000 occurrence/ $2,000,000 aggregate Approval of the insurance by the Owner shall not relieve or decrease the liability of the Contractor. RESPONSIBILITY OF CONTRACTOR Attention here is particularly directed to the provisions of the Contract and Specifications whereby the Contractor shall be responsible for any loss or damage that may happen to the work or any part thereof during its progress; and also whereby the Contractor shall make good any defects or faults that may occur within one (1) year after its completion and acceptance. He shall indemnify and save harmless the Owner from any damages or costs to

the Contractor shall make good any defects or faults that may occur within one (1) year after its completion and acceptance. He shall indemnify and save harmless the Owner from any damages or costs to which it may be put by reason of injury to the person or property of another 1B-4

resulting from negligence or carelessness in the performance of the work under this Contract. 13. FAMILIARITY WITH THE WORK Bidders are advised to carefully examine all Contract Drawings and Specifications and to make a thorough investigation of conditions at the location of the proposed work. It is the obligation of the bidder to ascertain for himself all the facts concerning conditions to be found at the location of the project, including all physical characteristics above, on and below the surface of the ground; to consider fully these and all other matters which can, in any way, affect the work under this Contract and to make necessary investigations relating thereto, and he agrees to this obligation in signing the Contract. The Owner assumes no responsibility whatsoever with respect to ascertaining for the Contractor such facts concerning physical characteristics at the site of the project. The Contractor agrees that he/she will make no claim for, and has no right to, additional payment or extension of time for completion of the work or any other concessions because of any misinterpretation or misunderstanding on his part of this Contract or because of any failure on his part to fully acquaint himself with all conditions relating to the work. In the event that any easements or rights-of-way are necessary for the performance of the Contract, the bidder shall be responsible for ascertaining the status of any such easement or right-of-way acquisition and the bidder shall examine the provisions of agreements between the Township and property owners that may relate to his bid or to the work to be performed. Copies of the aforesaid documents and information regarding the status of easement and right-of-way acquisition are available at the office of the Township Engineer. The Contractor shall also confer with the Township Engineer in the above-mentioned matters immediately after award of the Contract and at such other times thereafter as may be necessary or advisable. The Contractor shall be governed by the provisions of easement, right-of-way and other agreements between the Township and property owners. The Contractor shall make no claim for additional compensation or for damages on account of delays or necessary alterations in the procedure of his work that may be caused by delays in the acquisition of any easement or right-of-way. 14,

additional compensation or for damages on account of delays or necessary alterations in the procedure of his work that may be caused by delays in the acquisition of any easement or right-of-way. 14, INTERPRETATIONS If any person contemplating submitting bids for the proposed work is in doubt as to the true meaning of any part of these proposed contract documents, he may submit to the Purchasing Agent, Panayiota Reynolds, QPA, a written request for an interpretation thereof. Any interpretation of such document will be made only in writing and copy of each interpretation will be mailed or delivered to each person receiving a set of said documents. The Owner will not be responsible for any other explanations or interpretations of such documents which anyone presumes to make on behalf of the Owner before expiration of the time set for the receipt of bids. 15. RIGHT TO REJECT The Owner reserves the right to reject any or all Proposals and to reject any unbalanced bids. IB-S

16. 1%: 18. 19. NONDISCRIMINATION IN EMPLOYMENT Contracts for work under this proposal will obligate the contractors and subcontractors not to discriminate in employment practices and specifically to comply with the provisions of Chapter 127 of the Laws of 1975, effective July 23, 1975. Successful bidders must be prepared to comply in all respects with the contract provisions regarding nondiscrimination, a copy of which is set forth in the General Conditions of Contract. In the event that the Owner shall award a contract for the proposed construction, such award shall be made conditioned upon the subsequent approval by the State Treasurer of an affirmative action program as submitted by the successful bidder in accordance with Chapter 127. The Contractor is also obliged to comply with PL 1934, c. 34, s. 9.2. AFFIRMATIVE ACTION PLAN REQUIREMENTS This Contract is subject to the provisions of Chapter 127 of the New Jersey Public Laws of 1975 and Regulations promulgated thereunder as NJAC 17:27-1 et seq. with respect to Affirmative Action Plans for employment opportunity. Detailed provisions are set forth in Sec. 26 - AFFIRMATIVE ACTION PROVISIONS of the General Conditions of Contract. NEW JERSEY PREVAILING WAGE ACT REQUIREMENTS The New Jersey Prevailing Wage Act, Chapter 150 of the Laws of 1963 as amended by Chapter 64 of the Laws of 1974, applies to this Contract. Accordingly, the Contract must set forth the prevailing wage rate in the locality of the Owner for each craft or trade or classification of all workers needed to perform the Contract during its performance period. The Owner has ascertained from the Commissioner of Labor and Industry of the State of New Jersey the prevailing wages in the locality of the Owner which shall be paid by the Contractor to workers employed in the performance of the Contract, and a copy of such prevailing wages shall be incorporated in the Contract and binding on the Contractor. In the event that any such prevailing wage is increased prior to the award of the Contract, then the increased prevailing wage or wages shall apply and supersede those issued as of an earlier date. In accordance with the New Jersey Prevailing Wage Act, the Contractor and any subcontractor shall pay to workers wages which are not less than the prevailing wages set forth for the locality of the owner and made a part of the

Jersey Prevailing Wage Act, the Contractor and any subcontractor shall pay to workers wages which are not less than the prevailing wages set forth for the locality of the owner and made a part of the Contract. INELIGIBLE BIDDERS Prior to the awarding of a Contract for the project, the Owner is required by law to obtain from the Commissioner of Labor and Industry the names of contractors and subcontractors who have failed to pay the prevailing wages. The Contract will not be awarded to any bidder whose name appears on such list unless a period of three (3) years has elapsed since the date of the listing of the bidder by the Commissioner. The aforesaid ineligibility shall extend to and include any bidder in which any person, firm, corporation, or partnership, which has been listed by the Commissioner within the last three (3) years, has an interest. 1B-6