Township Council Meeting — Packet

AFFIDAVIT OF NON-COLLUSION The undersigned bidder of full age, being duly sworn according to law depose and hereby specifically certifies that: A. To the best of the bidder's knowledge and belief, the annexed bid proposal for this project has not been prepared in collusion with any other bidder of like item or services and the prices, discounts, terms and conditions thereof have not been directly or indirectly communicated by or on behalf of the bidder to any person other than the recipient of the bid and will not be communicated to any person prior to the official opening of the bid. B. The bidder fully understands that no premiums, rebates, or gratuities are permitted either with, prior to, or after signing of contract. Any violation will result in cancellation and removal from the bid list. C. The bidder further certifies that the undersigned has the necessary authority, to sign this stipulation stating that the bidder has not entered into any agreement, or otherwise taken any action in restraint of free competitive bidding in connection with this bid. All references to the bidder are understood to include the undersigned and all principals, partners and officers of the bidder. Date: _______________ (Signature) (Name and Title) (Company Name) (Address) ________________________________________________________________________ (Corporate Seal) Subscribed and sworn to before me this _______________ day of __________________________ , 20____ Notary Seal P-26

BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, __________________ as Principal, and ___________________as Surety, is hereby held and firmly bound unto the Township of West Orange, in the County of Essex as Owner, in the Penal Sum of $ (the penal sum shall be equal to ten percent (10%) of the Base Bid, but not more than $20,000) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed this day of , 2026 The condition of the above obligation is such that whereas the Principal has submitted to the Township of West Orange, in the County of Essex, New Jersey a certain bid, attached hereto and hereby made a part of hereof, to enter into a contract in writing for the HELEN AVENUE, LAWRENCE AVENUE, FLORENCE PLACE AND LOWELL AVENUE IMPROVEMENTS PROJECT NOW THEREFORE, A) If said bid shall be rejected or in the alternative, B) If said bid shall be accepted and the Principal shall execute and deliver a contract properly completed in accordance with said bid and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in the connection therewith, and shall in all other respects perform the agreement created by the acceptance of said bid, Then this obligation shall be void, otherwise the same shall remain in full force and effect; it being expressly understood and agreed that the liability of the surety for any and 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 Owner may accept such bid; and Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.

aused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Principal BY: Witness Surety BY: Witness Attorney-in-Fact P-27

CONSENT OF SURETY In consideration of the premises and of One Dollar ($1.00) lawful money of the United States, to it is hand paid by the Contractor, the receipt whereof is hereby acknowledged, the undersigned surety consents and agrees that if the contract, for which the preceding estimate and proposal is made, be awarded to the person or persons submitting the same as contracted, it will become bound as surety and guarantor for its faithful performance, in an amount equals to one hundred percent (100%) of the contract price, and will execute it as party of the third part thereto when required so to do by the Owner, and if the said Contractor shall omit or refuse to execute such Contract, remand to the Owner any increase between the sum to which the said Contract would have been entitled upon the completion of the said Contract and the sum which the said Owner may afterwards be awarded, the amount in such case to be determined by the bids plus the cost, if any, of readvertising the bids for this work, less the amount of any certified check or bid bond payable and received. In Witness whereof, said surety has caused these presents to be signed and attested by a duly authorized officer and its corporate seal to be hereto affixed this ____ day of _______, 2026. A corporate acknowledgment and statement of authority to be here attached by the surety company. A performance bond will be required from the successful contractor on this project, and consequently, all bidders shall submit, with their bid, a consent of surety in substantially the following form: To: ______________________________________________ (Owner) Re: ______________________________________________ (Contractor) (Project Description) This is to certify that the (Surety Company) will provide to ________________________________________a performance bond in the full amount (Owner) of awarded contract in the event that said contractor is awarded a contract for the above project. (CONTRACTOR) (Authorized Agent of Surety Company) Date: _______________ CONSENT OF SURETY MUST BE SIGNED BY AN

CONTRACTOR) (Authorized Agent of Surety Company) Date: _______________ CONSENT OF SURETY MUST BE SIGNED BY AN AUTHORIZED AGENT OR REPRESENTATIVE OF A SURETY COMPANY AUTHORIZED TO DO BUSINESS IN NEW JERSEY AND NOT BY THE INDIVIDUAL OR COMPANY REPRESENTATIVE SUBMITTING THE BID. P-28

BID SECURITY This Proposal is accompanied by bid security in accordance with the conditions stated in the Invitation to Bid. The bid security in the form of: A. Surety Bid Bond B. Certified/Treasurer's check C. Cash the amount of gt) payable to Township of West Orange The Bidder hereby agrees that if this Proposal shall be accepted by the Owner and the Bidder shall fail to execute and deliver the Contract and the required Performance Bond or other required documents in accordance with the requirements of this Proposal and other sections of the Contract Documents within the time specified, then the Bidder shall be deemed to have abandoned the Contract and thereupon the Proposal and acceptance shall be null and void and the security accompanying the Proposal shall be forfeited to and retained by the Owner, as liquidated damages for such failure or neglect, and to indemnify the Owner for any loss which may be sustained by failure of the Bidder to execute the Contract and furnish documents as aforesaid. In compliance with the Laws of the State the Bidder is: An Individual A Partnership A Corporation of having principal offices at P-29

NOTICE OF AWARD Helen Ave, Lawrence Ave, Florence Pl and Lowell Ave, Improvements Project Project P-30

Within ten days after you comply with those conditions, OWNER will return to you one fully signed counterpart of the Agreement with the Contract Documents attached. TOWNSHIP OF WEST ORANGE, NEW JERSEY (Owner) Receipt of this "Notice of Award" is acknowledged. Contractor:, By: Printed Name Signature Date Title Copy to ENGINEER (Use Certified Mail, Retum Receipt Requested) P-31

PERFORMANCE & PAYMENT BOND NOTICE TO PROCEED P-32

IN WITNESS WHEREOF. this instrument is executed in counterparts, each one of which shall be deemed an original, this day of 20 ATTEST: Principal (Contractor) BY; (8) (Principal) Secretary or Witness as to Principal (Typed Name) (Address) ATTEST: Surety BY; (S) Attorney-in-Fact (Surety) Secretary (Typed Name) or Witness as to Surety (SEAL) (Address) NOTE: Date of Bond must not be prior to date of Contract. If CONTRACTOR is a partnership, all partners must NOTE: execute bond and signature sheets, as necessary. A corporate acknowledgment and statement of authority to be attached by the Surety Company. APPROVAL OF BOND The foregoing Bond approved this day of 20, SIGNED BY. SIGNATURE, (S) TITLE, The attorney-in-fact signing the Performance Bond on behalf of the surety should attach a valid power of attorney to the Performance Bond. P-33