Township Council Meeting — Packet

NEW JERSEY STATUTORY FORM OF LABOR AND MATERIALS PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS, that we, the undersigned as Principal and as Surety, are hereby held and firmly bound unto the Township of West Orange in the penal sum of Dollars, for the payment of which will 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 above named principal did on the day of 20 , enter into a contract with the Township of West Orange which said contract is made a part of this bond the same as though set forth herein: NOW, if the said Principal shall promptly make payment to all persons, firms, subcontractors and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such Contract, and any authorized extension or modification thereof, including all amounts due for material, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with such work, and all insurance premiums on said work, and for all labor performed in such work, whether by subcontractors or otherwise, we agreeing and assenting that this undertaking shall be for the benefit of the obligee herein; 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 said surety hereby stipulates and agrees that no modifications, omissions or additions in or to the terms of said Contract or in or to the plans and specifications therefore shall in any way affect the obligations of said surety on its bond. Principal Surety (seal) (acknowledgments) NOTE: The attorney-in-fact signing the Labor and Materials Payment Bond on behalf of the surety should attach a valid power of attorney to the Labor and Materials Payment Bond. P-34

HELEN AVENUE, LAWRENCE AVENUE, FLORENCE PLACE AND LOWELL AVENUE IMPROVEMENTS PROJECT P-35

REQUIRED EVIDENCE (AFFIRMATIVE ACTION) AFFIRMATIVE ACTION REGULATIONS N.J. S.A. 10:5-31, et seq. (N.J.A.C. 17:27) If awarded a contract, the Bidder will be required to comply with the requirements of N.J.S.A. 10:5-31, et seq., and N.J.A.C, 17:27. Within five (5) days after receipt of the notification of intent to award the contract, the Bidder shall present one of the following: 1. Appropriate evidence that the Contractor is operating under an existing federally approved or sanctioned affirmative action program; or 2. A Certificate of Employee Information Report Approval issued in accordance with N.J.A.C. 17:27-4; or 3. An initial Employee Information Report consisting of forms provided by the Affirmative Action Office and completed by Contractor in accordance with N.J.A.C. 17:27-4. The Bidder must submit no later than three (3) days after the signing of the Contract an Initial Project Manning Table consisting of forms provided by the Affirmative Action Office and completed by Contractor in accordance with N.J.A.C. 17:27-7. Bidders are referred to the Bidder's Information Section of the Bid Packet for a further description of the above requirements. NO BIDDER MAY BE ISSUED A CONTRACT UNLESS THEY COMPLY WITH THE AFFIRMATIVE ACTION REGULATIONS OF N.J.S.A. 10:5-31, et seq. The following questions must be answered by all Bidders: 1. Do you have a federally-approved or sanctioned Affirmative Action Program? Yes ________ (If yes, submit a copy of such approval.) No_________ 2. Do you have a State Certificate of Employee Information Report approval? Yes ________ (If yes, submit a copy of such approval.) No_________ The undersigned Bidder certifies that he is aware of the commitment to comply with the requirements of N.J.S.A. 10:5-31, et seq., and agrees to furnish the required documentation pursuant to the law. COMPANY: _____________________________ NAME: ____________________________ SIGNATURE: ____________________________ TITLE: ____________________________ NOTE: A bid must be rejected as non-responsive if a Bidder fails to comply with requirements of N.J.S.A. 10:5-31, et seq., within stipulated time. P-36

STATEMENT OF BIDDER'S RESPONSIBILITY (This Statement must accompany the Bid) 1. Name under which Bidder conducts business: _______________________ _____________________________________________________________ 2. Business address: ______________________________________________ _____________________________________________________________ 3. Form of Bidder's business: Individual Corporation Partnership If Bidder is a joint venture, all questions must be answered by each venturer. If a corporation, state Date of incorporation___________________________________________ State of incorporation___________________________________________ Address of principal office in New Jersey ___________________________ _____________________________________________________________ If a partnership, state Date of organization____________________________________________ Is partnership general or limited? ________________________________ Names and addresses of general partners: _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ 4. State the number of years during which the Bidder has engaged in business under the name set forth above: _____________________________________________________________ P-37

5. If within the last five (5) years the Bidder conducted business under another name, or if the Bidder was the successor to another business within the last five (5) years, state the former name and address and the period during which such business was operated: Prior name: _________________________________________________ Prior address: ________________________________________________ ________________________________________________ Period of operation: ___________________________________________ 6. Has the Bidder or any officer, director or partner thereof been adjudicated bankrupt in the past ten (10) years? __________ If so, give full details, including the name and address of such person and present position with the Bidder: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ 7. List each piece of equipment which is available to the Bidder and intended to be used by the Bidder in the performance of the Contract. State whether the equipment is owned by the Bidder or will be leased, and if to be leased, the name of the lessor. Equipment of Owned or Vehicle Body Type Leased Lessor ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ P-38

8. Has the Bidder or any predecessor thereof ever failed to complete any work under any contract or subcontract? ___________ If so, give full details: __________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ 9. Has the Bidder or any predecessor thereof every failed to execute a contract awarded to the Bidder or any predecessor? _______ If so, give full details:__________________________________________ ____________________________________________________________ 10. List all companies which have written performance bonds for the Bidder or any predecessor thereof within the last five (5) years. ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ Date: ________________ _________________________________________ (Name of Bidder) By: ________________________________________ ________________________________________ (Printed name and title of person signing above) P-39

EQUIPMENT CERTIFICATION The undersigned Bidder hereby certifies as follows: The bidder owns, controls, or has proof of lease of all the necessary equipment required to accomplish the work described in the specifications. To the extent that said equipment is not currently owned or under lease by the bidder, attached hereto is documentation from that owner or leasing organization that states the equipment will be available as required by the bidder upon award of a contract.  Check here if documentation is attached. Name of Bidder: By: (Signature of Authorized Representative) Name: Title: Date: P-40

CERTIFICATE OF BIDDER SHOWING ABILITY TO PERFORM CONTRACT PURSUANT TO N.J.S.A. 40A: 11-20 The undersigned Bidder hereby certifies as follows: The undersigned bidder hereby certifies to the Township of West Orange that he owns, leases or controls all the necessary equipment required by the plans, specifications, and advertisements under which bids are asked for. To the extent that the undersigned is not the actual owner or lessee of any such equipment, I have completed and attached hereto the Equipment Source List showing the source from which the equipment will be obtained together with a certificate from the owner or person in control of the equipment granting to the undersigned the control of the equipment required during such time as may be necessary for the completion of that portion of the contract for which the equipment is required and necessary. Signed Date P-41

STATUS OF PRESENT CONTRACTS 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 PHONE # LOCATION DESCRIPTION ADJUSTED DATE OF CONTRACT COMPLETION AMOUNT ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ P-42

LOWEST BIDDER PREVAILING WAGE CERTIFICATION In the matter of an award of a TOWNSHIP OF WEST ORANGE contract for public work Certification of Lowest Bidder ______________________________________, of full age and under oath, duly provides the following sworn statement: (1). I am the owner and/or highest-ranking official or officer of a company or firm named ______________________________________, which holds a currently valid public works contractor registration pursuant to the New Jersey Public Works Contractor Registration Act, N.J.S.A. 34:11-56.48 et seq., certificate number ____________________. (2). I submitted a bid for a contract award in the above identified project and the public body has informed me that I am the lowest bidder by 10 percent or more as compared to the next lowest bid submitted. (3). The amount of my bid does include paying the prevailing wage rate to all workers who perform work on the project at rates of pay, including both base wage and fringe benefits, set forth in applicable Wage Determinations, (1) for the appropriate locality, (2) for the appropriate work classification (e.g., carpenter, electrician, mason, plumber), and (3) for the appropriate job title (e.g., Apprentice, Journeyman, Foreman), published by the New Jersey Department of Labor and Workforce Development (NJDOL) pursuant to the New Jersey Prevailing Wage Act (NJPWA), N.J.S.A. 34:11-56.25 et seq., and corresponding NJDOL rules, N.J.A.C. 12:60. I certify under penalty of perjury that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are false, I am subject to punishment. See N.J.S.A. 2C:28-1 et seq., specifically, N.J.S.A. 2C:28-3, within the New Jersey Code of Criminal Justice. Dated:_________________ Signature:_________________ Title: ____________________________ P-43