Township Council Meeting — Packet

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

20. 21, 22. 23. 24. NON-COLLUSION AFFIDAVIT As noted under No. 3, PROPOSAL, above, the bidder shall accompany his proposal with a Non-Collusion Affidavit certifying that the bid has been arrived at independently and without collusion with any other bidder. Further, that no persons or agency has been employed to solicit such bid except as provided under NJSA 52:34-15. This affidavit will be completed on the form provided and shall be signed and notarized as required. CONSENT OF SURETY Each bid must be accompanied by a Consent of Surety furnished by a surety company authorized to do business in the State of New Jersey to the effect that a performance bond in the form annexed hereto will be furnished to the Owner in the full amount of the Contract in the event that a contract is awarded to the bidder. The Consent of Surety shall be completed on the form provided and shall be executed and attested to as required. STATEMENT OF BIDDER'S RESPONSIBILITY Every bid shall be accompanied by a statement of bidder's responsibility on the form provided covering the experience of the bidder in the performance of similar work as well as the bidder's financial responsibility. Bidders shall be experienced in the satisfactory performance of work of the nature and extent to be performed under the contract and shall have sufficient capital to properly execute the work within the time allowed, as well as sufficient equipment therefore. BASIS FOR COMPARING BIDS Comparison of bids will be made on the basis of lump sum price or on the basis of the total for the various items as shown in the Proposal. Whenever alternate bids are requested, the Owner reserves the right to select the nature and type of construction deemed by it to be most advantageous to its interests. Whenever estimated quantities are shown in the Proposal, such estimated quantities are not to be considered by bidders as actual quantities required to complete the work, since such estimated quantities are included solely to serve as a basis for the comparison of bids. EXECUTION OF CONTRACT, DAMAGES FOR FAILURE A bidder to whom the Contract is awarded shall execute and deliver the Contract within ten (10) days after the Contract is presented to the bidder for execution. If the bidder shall 1B-7