INDEX TO BID DOCUMENTS
NOTICE TO BIDDERS
BID SPECIFICATION
5
6
DEFINITIONS
SERVICES
6
6
U.S. GOODS
6
TAXES
6
FORM OF BID
7
BID GUARANTY
7
ERRORS IN BID
7
AWARD OF THE CONTRACT
CONSENT OF SURETY
8
8
PERFORMANCE SECURITY
9
RELEASE OF PERFORMANCE SECURITY
QUALIFICATIONS OF BIDDERS
9
10
EQUAL BIDS
BIDDER’S EXECUTION OF CONTRACT
10
10
AWARD NOT BINDING PRIOR TO CONTRACT
EXECUTION AND DOCUMENT APPROVAL
11
FORM OF CONTRACT
11
TIME OF THE ESSENCE
INTENT OF CONTRACT DOCUMENTS
11
11
REJECTION OF INDIVIDUAL BIDS
REJECTION OF ALL BIDS
11
12
PERMITS TO BE SECURED
INSURANCE
12
13
BIDDERS REFFERRED TO LAWS
15
PUBLIC WORKS CONTRACTOR REGISTRATION ACT
SUBCONTRACTORS
15
16
AFFIDAVIT OF NON-COLLUSION
PERSONAL LIABILITY
17
17
TIME SCHEDULE
COMPLIANCE WITH ANTI-DISCRIMINATION LAWS
18
18
Borough of Sayreville
Traffic Signal Repairs and Electrical Services
2
COMPLAINCE WITH THE AMERICANS WITH
DISABILITIES ACT OF 1990
19
ACCIDENT PREVENTION
20
INSPECTIONS, TESTS AND CORRECTION OF
DEFECTIVE WORK
PAYMENT
21
22
FINAL PAYMENT
ACCEPTANCE OF FINAL PAYMENT OR
22
ISSUANCE OF FINAL ACCEPTANCE
PLANS AND SPECIFICATIONS
22
23
BOROUGH’S RIGHT TO WITHHOLD PAYMENT
BOROUGH’S RIGHT TO STOP WORK OR
23
TERMINATE CONTRACT
24
USES OF PREMISIS AND REMOVAL OF DEBRIS
LABOR LAW PROVISIONS
25
25
CORRESPONDENCE
INDEPENDENT CONTRACTOR/INDEMNIFICATION
25
25
CONTRACTOR’S DELAY DAMAGES
FAILURE TO PROVIDE THE NOTICES REQUIRED BY THIS
26
SECTION IN THE FORM AND WITHIN THE TIME PERIODS
SET FORTH ABOVE SHALL CONSTITUTE A BAR TO
RECOVERY FOR SUCH DELAYS
27
EXTRA WORK AND CHANGE ORDERS
ASSIGNMENT AND TRANSFER
27
27
STANDARDS AND IDUSTRY SPECIFICATIONS
WARRANTIES
28
28
CERTIFICATE OF OWNERSHIP
29
THE NEW JERSEY WORKER AND COMMUNITY
RIGHT TO KNOW ACT
29
CERTIFICATION OF SHAREHOLDERS, OFFICERS
AND PARTNERS
29
DRUGS AND ALCOHOL
CHECKLIST
30
30
EXHIBIT A SPECIFICATIONS.
31
Borough of Sayreville
Traffic Signal Repairs and Electrical Services
3
EXHIBIT B BIDDER’S CHECKLIST
EXHIBIT C BID FORM
32
33
PROPOSAL
EXHIBIT D FORM OF BID BOND
34
35
EXHIBIT E CERTIFICATE OF SURETY
37
EXHIBIT F FORM OF PERFORMANCE BOND
EXHIBIT G ACKNOWLEDGEMENT OF RECEIPT OF
38
NOTICES REVISIONS OR ADENDA TO ADVERTISEMENT
OR BID DOCUMENTS
41
EXHIBIT H FORM OF CONTRACT
EXHIBIT I FORM OF STATEMENT OF
42
SUBCONTRACTORS
EXHIBIT J SUBCONTRACTOR RECOGNITION FORM
51
52
EXHIBIT K REQUEST FOR PRIOR APPROVAL.
53
EXHIBIT L FORM OF NON-COLLUSION AFFIDAVIT
EXHIBIT M REQUIRED EVIDENCE
54
AFFIRMATIVE ACTION
EXHIBIT N STATEMENT OF QUALIFICATIONS
55
57
EXHIBIT O FORM OF CERTIFICATE OF OWNERSHIP
EXHIBIT P CERTIFICATION OF SHAREHOLDERS
61
MEMBERS, OFFICERS OR PARTNERS
62
EXHIBIT Q FORM OF NOTICE AWARD
63
Borough of Sayreville
Traffic Signal Repairs and Electrical Services
4
NOTICE IS HEREBY GIVEN that sealed bids will be received by the Borough of Sayreville ("Borough")
for “TRAFFIC SIGNAL REPAIRS AND ELECTRICAL SERVICES (As Needed)” and such bids shall be,
opened and read in public at 167 Main Street, Sayreville, New Jersey, on August 2, 2011 at 11 a.m., local
prevailing time. After the bids have been opened, they will be reviewed and examined by the Borough or
its representatives, and the results will be made public. Until the actual award and execution of a
Contract, the Borough reserves its right to reject all bids.
Complete sets of the bid documents for the proposed work are on file in the Office of the Municipal Clerk,
167 Main Street, Sayreville, New Jersey, and may be examined Monday through Friday between the hours
of 9:00 a.m. and 3:00 p.m., except holidays. Copies may be obtained by prospective bidders upon
application to the Clerk. There is a $25.00 non-refundable fee for these documents.
All bids must be submitted in triplicate by the date and time provided above on the standard bid forms
provided, and in the manner designated in the bid documents and required by the specifications. All bids
must be enclosed in a sealed envelope bearing the name and address of the bidder, addressed to the
Municipal Clerk, with the words “Bid for Traffic Signal Repairs and Electrical Services (As Needed)”,
placed on the outside of the envelope in the lower left-hand corner. All bids must be accompanied by a
bid guaranty in the form of either a certified check, cashier's check or bid bond drawn to the order of the
Borough for not less than ten (10%) percent of the amount of the bid, but not in excess of Twenty
Thousand ($20,000) Dollars, except as otherwise provided by N.J.S.A. 40A:11-21. See further instructions
under paragraph labeled “Bid Guaranty”.
Bidders are required to comply with the requirements of P.L. 1975, c 127. (Affirmative Action Program,
Equal Employment Opportunity). If applicable, the successful bidder shall be required to comply with all
the provisions of New Jersey prevailing local wage rates, as determined by the New Jersey Department of
Labor and Industry. Further, the successful bidder must furnish the Policies or Certificates of Insurance
as may be required by the Bid Documents. Bidders must also comply with the requirements of P.L. 2004,
c. 57 (Business Registration Certificate).
The specifications contain a complete set of bidding and Contract forms. These are for the convenience of
bidders and are not to be detached from the specifications.
Notices of revisions or addenda to the bid documents or advertisements shall be provided in accordance
with N.J.S.A. 40A:11-23 no later than five (5) business days prior to the date for accepting bids. All bids
must be accompanied by an Acknowledgement Form (attached hereto as Exhibit E) acknowledging the
Bidder's receipt of any such notice of revisions or addenda to the advertisement or bid documents.
The Borough reserves the right to reject any or all bids pursuant to N.J.S.A. 40A:11-13.2, to waive any
informalities or to accept the bid which, in its judgment, is in the Borough’s best interest. Bids must be
prepared and submitted in standard proposal form in the manner designated within the Bid Documents.
By Order of the Mayor and Council of the Borough of Sayreville, County if Middlesex, and State of New
Jersey.
Theresa A. Farbaniec, R.M.C.
Municipal Clerk
Borough of Sayreville
Borough of Sayreville
Traffic Signal Repairs and Electrical Services
5
BID SPECIFICATIONS for: “TRAFFIC SIGNAL REPAIRS AND ELECTRICAL SERVICES (AS NEEDED)
The specifications set forth in Exhibit A are intended to provide bidders with the
necessary information to bid. BY SUBMITTING A BID, A BIDDER SHALL INDICATE ITS
KNOWLEDGE OF AND AGREEMENT TO COMPLY FULLY WITH THE REQUIREMENTS OF ALL BID
AND CONTRACT DOCUMENTS. All bidders should make certain that they review the contents of
the Paragraph entitled "Personal Liability".
DEFINITIONS
A.
“Borough” means the Borough of Sayreville, or any of its members or officers duly
authorized to act in the execution of the Work covered by this contract.
B.
“Bidder” means the person, firm, partnership, corporation, limited liability
company or other business entity submitting a bid for furnishing and delivering the services
and/or materials described herein to or on behalf of the Borough.
C.
“Bid Documents” means the Notice to Bidders, Specifications, Information For
Bidders, Code of Ethics and related documents.
D.
“Contractor” means the person, firm, partnership, corporation, limited liability
company or other business entity contracting for furnishing and delivering the goods as covered
by the Bid Documents.
E.
“Contract Documents” means the Contract and related documents, including the
Bid Documents which the lowest responsible Bidder will enter into with the Borough if the
Borough accepts the Bid submitted by the lowest responsible Bidder.
G.
“Work” means the provision of the services to be provided to the Borough by the
Contractor pursuant to the bid submitted by the Bidder and accepted by the Borough.
SERVICES
The Contractor shall supply the services described in these Contract Documents including
but not limited to the Specifications attached as Exhibit A.
U.S. GOODS
Only manufactured and farm products of the United States, wherever available, shall be
used by the Contractor.
TAXES
Where appropriate the Borough is exempt from taxes and same should not be included in
any Bid calculation.
Borough of Sayreville
Traffic Signal Repairs and Electrical Services
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FORM OF BID
A.
All bids shall be submitted on the form attached hereto as Exhibit C. The bidder
shall not submit any bonds required under these documents on AIA forms. Each bid shall specify
the price for which the Bidder will fulfill all of the terms and conditions of the Contract
Documents.
B.
Bids must strictly conform to the New Jersey Local Public Contracts Law (N.J.S.A.
40A:11-1 et seq.) and this Notice to Bidders. Among other things, each bid must be enclosed in a
sealed envelope, addressed to the Borough, bear on the outside of the envelope the name and
address of the Bidder and must be delivered or mailed so as to be received at the place and time
required prior to the opening time set in the advertisement. BIDS RECEIVED AFTER THE TIME
SET FORTH IN THE ADVERTISEMENT, OR BIDS RECEIVED IN UNSEALED ENVELOPES OR BIDS
WITHOUT THE BIDDER'S NAME ON THE OUTSIDE OF THE ENVELOPE SHALL NOT BE
CONSIDERED.
C.
Any conditions, limitations, provisos, amendments, supplements or other changes
attached or added by the bidder to any of the provisions of these Bid and Contract Documents,
including any such changes rendered to the Bid Forms, shall result in the rejection of the Bid by
the Borough.
BID GUARANTY
Each bid shall be accompanied by a bid guaranty drawn to the order of the Borough for
not less than ten (10%) percent of the total Contract price, not to exceed Twenty Thousand
($20,000.00) Dollars, (“Bid Security”) except as otherwise provided by N.J.S.A. 40A:11-21. The
bid guaranty may be paid by certified check, cashier's check or bid bond, at the Bidder's option.
If the Bidder elects to submit a bid bond, such bond should be in the form attached hereto as
Exhibit D, and shall be issued by an approved surety company authorized by the State of New
Jersey to issue such bonds. A power of attorney and financial disclosure statement shall support
such bid. A Bid Guaranty on an AIA form is not acceptable.
ERRORS IN BIDS
In the event there is a discrepancy between any unit prices and their extended totals, the
unit prices shall govern. If there is a discrepancy between the correct sum of the extended totals
and the total bid submitted, the correct sum shall govern. Amounts written in words shall
govern over the amounts given in numerals. The Borough reserves the right to reject any bid
whose mathematical errors and/or inconsistencies are determined by the Borough to render the
bid price unknowable, conditional, undeterminable or subject to interpretation.
Borough of Sayreville
Traffic Signal Repairs and Electrical Services
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AWARD OF THE CONTRACT
A.
The Borough shall promptly give official Notice of Award of the Contract to the
lowest responsible (successful) Bidder in the form attached as Exhibit Q. Should the successful
Bidder fail to execute and return the Contract to the Borough, along with the required
Certificates of Insurance and an acceptable performance bond and payment bond, within a
period of ten (10) days from the date of receipt of said Notice, then the Borough shall, at its
option, have the right to deem the Contract abandoned. The Borough shall then have the right to
award the Contract to the next lowest responsible bidder or to re-advertise for bids, whichever
shall be determined to be in the best interest of the Borough. In either situation, the bid guaranty
of the original successful Bidder shall be deemed forfeited and shall be retained by the Borough
as liquidated damages. The original successful Bidder, in such event, shall be liable to the
Borough for any damages in excess of the bid guarantee sustained by the Borough as a
consequence of that Bidder's failure to enter into the Contract, including but without limitation,
all loss from delay and interference with the Borough's project and the difference between the
amount of the successful Bidder's Bid and the amount for which the Borough may contract with
another Bidder to perform the work covered by said bid, if the latter is in excess of the former.
B.
The Borough shall award the Contract, or reject all bids, within sixty (60) days
after they are opened. Within ten (10) days after the bids are opened, Sundays and holidays
excepted, all bid security, excluding that of the three (3) lowest Bidders shall be returned, unless
otherwise requested by the Bidder, and the bids of such bidders shall be considered as
withdrawn. Within three (3) days after the awarding and signing of the Contract and the
approval of the contractor's performance bond, Sundays and Holidays excepted, the bid security
of the remaining unsuccessful Bidders shall be returned to them.
C.
If no award has been made within sixty (60) days of the date of the bid opening,
then, upon demand of any Bidder, the Borough shall return the Bidder’s bid Security; provided,
however, that the Bidder making such demand has not been notified of the acceptance of its bid
or has not previously had its bid security returned.
D.
The Borough may consider informal and non-responsive any bid not prepared and
submitted in accordance with the provisions of this Notice to Bidders.
E.
Any bid may be withdrawn prior to the scheduled opening time for the opening of
the bids, but may not be withdrawn within sixty (60) days after the bids are opened. Any bid
received after the time specified in the Notice to Bidders shall not be considered.
CONSENT OF SURETY
In addition to the Bid Security, each bid must be accompanied by one (1) or more consent
of surety statements, in a form similar to the Certificate attached as Exhibit E, of one (1)or more
surety companies authorized by the State of New Jersey Department of Banking and Insurance to
issue Bonds in the State of New Jersey and acceptable to the Borough, unconditionally agreeing,
in the event the Bidder is awarded the Contract, to furnish a performance bond(s) with material
and payment guarantees pursuant to N.J.S.A. 2A:44-143 (Performance Bond).
Borough of Sayreville
Traffic Signal Repairs and Electrical Services
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In the event the surety company or companies choose(s) to furnish its (their) own form of
Certificate, the substituted form must be substantially in compliance with the form provided
herein. A power of attorney and financial disclosure statement shall support the Consent of
Surety. AIA forms are not acceptable.
PERFORMANCE SECURITY
Within ten (10) days after receipt of the Notice of Award the Contractor shall furnish a
surety bond or bonds of face value equal to one hundred (100%) percent of the Contract price as
security for faithful performance of the Contract, and for the payment of all persons performing
labor on the project under the Contract and furnishing materials in connection therewith, all as
specified in the Contract Documents. The Performance Bond shall be in the form annexed as
Exhibit G. The surety on such bond or bonds shall be duly authorized by the State of New Jersey
Department of Banking and Insurance to issue Bonds in the State of New Jersey and satisfactory
to the Borough, except as otherwise provided by N.J.S.A. 40A: 11-22 and except as modified by
the Borough by separate resolution. If the Contractor is a partnership, the bond is to be signed
by each of the individual partners; if a corporation, the bond is to be signed in the correct
corporate name by a duly authorized officer, agent or attorney-in-fact. There shall be executed
an appropriate number of counterparts of the bond corresponding to the number of
counterparts of the Contract. Each executed bond shall be accompanied by:
1.
An appropriate acknowledgment of the respective parties;
2.
An appropriate certified copy of a power of attorney when the bond(s) is (are)
executed by surety's agent, officer or other representative.
3.
A certified extract from the by-laws or resolution of the surety under which power
of attorney or other certificate of Borough of agent, officer or representative was issued.
4.
A Surety Disclosure Statement and Certification.
Performance Security set forth on AIA forms is not acceptable.
RELEASE OF PERFORMANCE SECURITY
The performance bonds (including material and payment bonds) provided to the Borough
shall not be released until final acceptance by the Borough of all services to be provided by the
Contractor. Such release will occur only if all liens or claims have been satisfied. In the case that
a maintenance guarantee is required the Contractor shall provide same under terms and
conditions set by the Borough Engineer. The performance guarantee shall not be released until
the maintenance guarantee, if required, is approved by the Borough.
Borough of Sayreville
Traffic Signal Repairs and Electrical Services
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QUALIFICATIONS OF BIDDERS
The Borough may make such investigation as it deems necessary to determine the ability
of the Bidder(s) to carry out the obligations of the Contract. The Bidder(s) shall furnish to the
Borough all such information and data for this purpose as the Borough may request. Bidder shall
complete and submit with its bid the Statement of Qualifications attached as Exhibit N. The
Borough reserves the right to reject any bid if the evidence submitted by a Bidder or received by
the Borough during an investigation of any Bidder, fails to satisfy the Borough that such Bidder is
properly qualified and responsible to timely carry out the obligations of the Contract Documents.
Such disqualifying evidence may include, but is not limited to evidence that the Bidder has
previously failed to properly perform any contract or has misrepresented factual information
contained in these or other bid documents submitted to the Borough.
More specifically, pursuant to N.J.S.A. 40A:11-4, the Borough may disqualify a bidder who
would otherwise be determined to be the lowest responsible bidder, if it finds that it has had
prior negative experience with the bidder. As used in this section, "prior negative experience"
means any of the following:
A.
The bidder, under a previous Contract with the Borough, has been found, through
either court adjudication, arbitration, mediation, or other contractually stipulated alternate
dispute resolution mechanism, to have: failed to provide or perform goods or services; or failed
to complete the Contract in a timely manner; or otherwise performed unsatisfactorily; or
B.
The bidder defaulted on a prior Contract, thereby requiring the Borough to utilize
the services of another contractor to provide the goods or perform the services or to correct or
complete the contract; or
C.
The bidder defaulted on a Contract, thereby requiring the Borough to look to the
bidder's surety for completion of the Contract or tender of the costs of completion; or
D.
The bidder is debarred or suspended from contracting with any of the agencies or
departments of the executive branch of the State of New Jersey at the time of the Contract award,
whether or not the action was based on experience with the Borough.
EQUAL BIDS
When two (2) or more bids are equal in all respects, awards shall be made by lot which
shall be witnessed by at least three (3) persons and which may be attended by the Bidders or
their representatives.
BIDDER'S EXECUTION OF CONTRACT
The individual, firm, corporation or other entity to which the Contract is awarded shall
execute and return to the Secretary-Treasurer of the Borough, the executed Contract,
performance bond, insurance certificates and all other required documents within ten (10) days
of the successful Bidder’s receipt of the Notice of Award and the Contract.
Borough of Sayreville
Traffic Signal Repairs and Electrical Services
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AWARD NOT BINDING PRIOR TO CONTRACT
EXECUTION AND DOCUMENT APPROVAL
No Award of Contract shall be binding upon the Borough unless and until the Contract has
been fully executed and the insurance certificates, surety bonds and any other required
documents have been submitted to and approved by the Borough.
FORM OF CONTRACT
The Borough shall require the Contractor to execute the Contract substantially in the form
attached as Exhibit H.
TIME OF THE ESSENCE
A.
Time for completion of the Work shall be of the Essence in accordance with the
Contract Documents. All deadlines shall be due at 5:00 p.m. on the date indicated, unless
otherwise stipulated in Exhibit A.
B
Should the Contractor fail to carry out all of the Contract requirements within the
time specified in the Contract documents, the Borough reserves the right to terminate the
Contract and enter into a Contract (“completion contract”) with another contractor to complete
the remaining Contract requirements. In the event the Borough chooses to enter into a
completion Contract pursuant to this paragraph, the original Contractor agrees to pay the
difference between the amount paid under the completion Contract and the amount calculated
for the completion work at the original Contract price. If the Borough procures the goods below
the original Contract price, the Contractor shall have no claim for a refund.
INTENT OF CONTRACT DOCUMENTS
The intent of the Contract Documents is to have the Contractor fully carry out all Contract
requirements in a timely, first-class, workmanlike manner. It shall be understood that each
Bidder has satisfied itself as to the complete requirements of the Contract Documents and has
predicated its bid upon such understanding.
REJECTION OF INDIVIDUAL BIDS
A.
Multiple Bids Not Allowed
More than one Bid from an individual, firm, partnership, corporation, limited liability company,
limited liability partnership, association or other entity under the same or different names shall
not be considered.
B.
Unbalanced Bids
Bids, which are obviously unbalanced, may be rejected at the option of the Borough.
Borough of Sayreville
Traffic Signal Repairs and Electrical Services
11
C.
Right to Waive Informalities Reserved
Consistent with the Local Public Contracts Law, the Borough expressly reserves the right
to waive any informality or error in any Bid, and after considering all relevant factors, to accept
the Bid which in the Borough's judgment, serves its best interests. However, in no event shall
any material defect constituting substantial noncompliance with the bid documents and
requirements be deemed a waivable informality. All such non-waivable, material defects shall
result in the rejection of the bid.
REJECTION OF ALL BIDS
Pursuant to N.J.S.A. 40A:11-13.2, the Borough may reject all bids for any of the following
reasons:
The lowest bid substantially exceeds the cost estimates for the goods or services;
The lowest bid substantially exceeds the contracting unit's appropriation for the goods or
services;
The governing body of the contracting unit decides to abandon the project for provision
or performance of the goods or services;
The contracting unit wants to substantially revise the specifications for the goods or
services;
The purposes or provisions or both of P.L. 1971, c. 198 (C.40A:11-1 et seq.) are being
violated;
The governing body of the contracting unit decides to use the State authorized Contract
procedure pursuant to section 12 of P.L. 1971, c. 198 (C.40A:11- 12).
PERMITS TO BE SECURED
The Contractor shall secure all permits, licenses and bonds, and shall pay all necessary
fees required for the implementation and completion of the Work. Bidders shall fully inform
themselves as to the cost of all necessary permits, licenses, and bonds, and shall include the costs
in the prices bid for the Work. If the Borough is permitted or determines to waive any fees for
permits required, a change order shall be submitted by the Contractor reducing the Contract
Price by the amount of those fees, which change order must be approved by the Borough before
taking effect.
Borough of Sayreville
Traffic Signal Repairs and Electrical Services
12
INSURANCE
A.
Certificates of Insurance
Two (2) copies of Certificate(s) of Insurance evidencing the required coverages as set
forth in the Contract Documents and naming the Borough, its agents, employees and
professionals as additional insureds must be submitted to the Borough no later than ten days
after the date the Contractor receives Notice of Award. The Certificate(s) of Insurance shall
contain the following information:
1.
Name and address of the insured.
2.
Policy number and type or types of insurance in force thereunder on the date
borne on such Certificates.
3.
Expiration date of the policy and the limit or limits of liability thereunder on the
date borne by such Certificates.
4.
In the event of cancellation of or failure to renew any such insurance coverage, the
contractor or the insurance carrier shall provide at least thirty (30) days' prior written notice to
the Borough at the Borough's offices, 167 Main Street, Sayreville, New Jersey. The Contractor
shall provide evidence of replacement insurance at least ten (10) days before the termination of
the initial coverage. The Contractor shall provide copies of policy renewals that occur at any
time prior to the final completion of the Contract. Failure to provide evidence of replacement
coverage within the above time frame shall be grounds for the Borough to declare a default
under the Contract Documents, and entitle the Borough to all remedies allowed by the Contract
Documents and at law or equity. All required Certificate(s) of Insurance shall remain in full force
and effect during the entire Contract period. Upon request of the Borough the Contractor shall
provide evidence that the insurance premiums required by the Contract Documents are fully
paid for a period of at least one (1) year from the date of the Contract.
B.
No Certificates and/or Endorsements - No Work
The Contractor shall not commence Work until it has obtained and submitted all required
insurance certificates and endorsements and such insurance certificates and endorsements shall
be approved by the Borough. Nor shall the Contractor allow any subcontractor to commence
Work under any subcontract until all similar insurance required of the subcontractor has been so
obtained and the certificates have been approved by the Borough, along with all endorsements
as required below.
C.
Workers' Compensation Insurance
The Contractor shall secure and maintain during the life of the Contract, Workers'
Compensation Insurance with a minimum limit of $100,000 per occurrence, for all of its
employees employed at the site of the Project and, in case any Work is sublet.
Borough of Sayreville
Traffic Signal Repairs and Electrical Services
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The Contractor shall require the subcontractor(s) to provide similar Workers' Compensation
Insurance for all of the latter's employees unless such employees are covered by the protection
afforded by the Contractor. In case any class of employees engaged in hazardous work under the
Contract Documents at the site of the Project are not protected under the New Jersey Workers'
Compensation Statute, the Contractor shall provide and cause each subcontractor to provide
adequate insurance for the protection of its employees not otherwise protected.
D.
Liability and Property Damage Insurance
The Contractor shall secure and maintain in full force and effect during the life of the
Contract such Liability and Property Damage Insurance as shall protect it, the Borough and any
subcontractor performing work covered by these Contract Documents from claims for damages
for personal injury including accidental death, as well as from claims for property damage which
may arise from its performance of the Contract, or that by any subcontractor, or anyone directly
or indirectly employed by either of them. On all such policies, the Borough, its agents, employees
and professionals shall be named as additional insureds. Furthermore, Contractor shall provide
endorsements demonstrating that the Borough, its agents, employees and professionals are
named as additional insureds. The amounts of such insurance shall be as follows:
1.
Liability Insurance in an amount not less than $1,000,000 per occurrence/accident
for injuries including death to any one person and subject to the same limit for each person;
2.
Property Damage Insurance in an amount not less than $1,000,000 per
occurrence/accident for damages on account of any one (1) accident and for damages on account
of all accidents; or
3.
In the aggregate, Liability and Property Damage Insurance in an amount not less
than $1,000,000 for damages on account of any one accident and for damages on account of all
accidents.
E.
Automobile Insurance
A rider or endorsement to the Liability and/or Property Damage Insurance policy(ies) or
by separate policy of insurance shall be furnished by the Contractor for automobiles and trucks
to be utilized by the Contractor in the performance of this Contract with limits the same as
required under Public Liability and Property Damage Insurance.
F.
The Contractor shall waive all rights of subrogation against the Borough and shall
submit an endorsement from its insurance company evidencing same.
G.
All policies required hereunder shall be in “occurrence” form.
Borough of Sayreville
Traffic Signal Repairs and Electrical Services
14
BIDDERS REFERRED TO LAWS
A.
The attention of Bidders is directed to the provisions of Federal, State, County and
Municipal laws, statutes, codes, ordinances and regulations that apply to the submission of bids
and performance of public contracts, particularly with regard to safety regulations of the State of
New Jersey, and all are deemed to be included as though herein written. Particular note is to be
taken also of those provisions affecting the Contractor or its employees in the execution of the
Work or its relation to any political subdivision or person, together with the provisions of the
Local Public Contracts Law, N.J.S.A. 40A: 11-1 et seq. and the Prevailing Wage Act, N.J.S.A.
34:11-56.25 et seq. All pertinent statutes, codes, ordinances, rules, regulations, orders and
decrees shall be obeyed and satisfied. The Contractor shall indemnify, defend and save harmless
the Borough and all of its commissioners, officers, employees, representatives and agents against
any claim or liability arising from or based on the violation by itself or its employees of any such
statutes, codes, ordinances, rules, regulations, orders or decrees. No Contractor shall employ a
Borough employee without the consent of the governing body.
B.
Every Contract entered into by the Borough in excess of $2,000.00 for any public
work shall be deemed to contain a provision stating that workers employed in the performance
of the Contract shall not be paid less than the prevailing wage rate. The Contract shall also be
deemed to contain a provision that in the event it is found that any worker, employed by the
successful bidder, or any subcontractor, covered by the Contract, has been paid a rate of wages
less than the prevailing wage, the Borough may terminate the successful Bidder's or
subcontractor's right to proceed with the work, or such part of the work as to which it has been
made aware of a failure to pay required wages and the Borough shall report such failure to the
State of New Jersey Department of Labor. In such event, the successful Bidder and its sureties,
shall be liable to the Borough for any excess costs (including attorney’s fees) occasioned thereby.
C.
The Contractor shall make application and obtain approval of all Work shown on
the Contract Drawings from all authorities having applicable jurisdiction.
PUBLIC WORKS CONTRACTOR REGISTRATION ACT
A.
Pursuant to the N.J.S.A. 34:11-56.48 et seq. (under this paragraph, the "Act"), it is a
violation of New Jersey law for any contractor to: (1) submit a bid on a Public Works Contract
without having first been registered under the Public Works Contractor Registration Act (2);
submit a Bid including the names of proposed subcontractors who are not registered pursuant to
the Act; or (3) engage in public work pursuant to the Contract as a contractor or subcontractor,
including subcontractors not listed on the Bid, without first being registered pursuant to the Act.
B.
Every contractor bidding on this Contract must provide with its Bid a copy of its
Certificate of Registration pursuant to the Act. along with a copy of the Certificates of
Registration for all proposed subcontractors listed in its Bid.
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SUBCONTRACTORS
A.
The Contractor shall submit with its bid, on the form attached as Exhibit I, the
names and addresses of each subcontractor that it proposes utilizing to perform the Work. All
sub-contractors shall qualify and submit all appropriate certificates required by law. The
Contractor shall not be permitted to engage any subcontractors that, in the unfettered, final and
binding opinion of the Borough, are unsatisfactory, not financially solvent, incompetent, unfit or
undesirable. The Borough shall advise the Contractor, prior to the execution of the Contract, as
to whether any of the named subcontractors fail to meet these requirements and must be
replaced. The Contractor shall not use any subcontractor that is not on the list submitted to the
Borough unless the Contractor, by written notice: (1) notifies the Borough of the Contractor’s
desire to use a substitute subcontractor; (2) sets forth the specific reasons why it is necessary to
obtain a substitute subcontractor; (3) identifies the business name and address of the proposed
substitute subcontractor; and (4) receives advanced written approval from the Borough to use
the proposed substitute subcontractor.
B.
The Contractor, by submitting a bid, acknowledges and agrees that it is fully
responsible to the Borough for the acts and omissions of all subcontractors and suppliers, and all
persons either directly or indirectly employed by the Contractor or the subcontractors.
C.
Nothing contained in the Contract Documents shall create a contractual
relationship between any subcontractor or supplier and the Borough. Prior to the Contract
between the Borough and the Contractor being executed, the Contractor shall be responsible for
having each subcontractor execute the subcontractor Recognition Form attached as Exhibit J,
evidencing that (i) it acknowledges that no contractual relationship exists between the
subcontractor and the Borough; (ii) except for duly filed Municipal Mechanics Lien claims, no
claims shall be directed against the Borough for any payments which are not made by the
Contractor; (iii) that, except for duly filed Municipal Mechanics Lien claims, all such claims shall
be waived by the subcontractor; (iv) that any claims against the Borough, its members,
commissioners, employees, agents, consultants and representatives shall be waived pursuant to
the Paragraph herein entitled "Personal Liability"; (v) that the subcontractor has familiarized
itself with the Contract Documents including but not limited to the Contract itself, the
Paragraphs of the Contract Documents entitled "Personal Liability," and "Schedule," and this
Paragraph; and (vi) that the subcontractors shall comply with any established progress and/or
delivery schedules.
D.
Each subcontract must be provided to the Borough for its approval prior to the
subcontractor performing any portion of the subcontract. Failure to provide such subcontracts
to the Borough and obtaining pre-approval prior to the subcontractor performing any portion of
the subcontract shall constitute a material breach of the Contract and may subject the Contractor
to termination or other action at the Borough’s option.
E.
Each subcontractor and sub-subcontractor shall be required to provide in writing,
prior to the Borough approving its subcontract, that subcontractor will guaranty and warranty
its goods, products and work in accordance with the warranty and guaranty provisions of the
Contract Documents.
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F.
No part of any work in connection with this Project shall be performed by any
subcontractor unless such subcontractor shall have received the approval of the Borough to
perform such Work. Each subcontractor must provide the Borough with a list of proposed
sub-subcontractors, and shall be responsible for each sub-subcontractor in the same manner as
the Contractor is responsible for each subcontractor.
G.
The division of work among the Contractor's subcontractors shall be the
responsibility of the Contractor and the Borough shall not have any responsibility to act as
arbiter in order to determine the boundary lines between sections of Work with respect to the
Contractor’s subcontractors.
H.
The Borough shall communicate any and all information relating to this Project to
the Contractor and not to individual subcontractors or sub-subcontractors. The Contractor shall
not accept the statement of any subcontractor regarding any and/or all approvals of the Borough
as to any subcontractor's work, drawings, etc. Any such approval shall be made in writing to the
Contractor directly.
I.
The Contractor shall assume full responsibility for any damage caused by any
subcontractor or its employees to the work of any other subcontractor, not withstanding
anything contained in the contracts between the Contractor and subcontractors.
J.
Each subcontractor or sub-subcontractor shall be required to cooperate with all
other subcontractors or sub-subcontractors and the Contractor and shall arrange its work within
all practical limits so that it will not interfere with the work of other subcontractors or
sub-subcontractors.
AFFIDAVIT OF NON-COLLUSION
Each Bidder shall be required to submit an executed Affidavit of Non-Collusion with its
bid in the form attached as Exhibit L.
PERSONAL LIABILITY
In carrying out the provisions of the Contract documents or in exercising any power or
Borough granted them by their position, there shall be no liability pursued against the members
of the Borough, or any of its commissioners, officers, employees, authorized representatives,
consultants or agents. The Contractor and its subcontractors knowingly waive any right to sue
such individuals for doing same and shall defend, indemnify and hold them harmless unless any
damage is caused by or resulting from any such party’s sole negligence. The Contractor by and
through the act of submitting its bid hereby expressly acknowledges, agrees with and accepts the
terms of this paragraph. The subcontractor shall affirm its acceptance of the terms of this
paragraph by executing the Subcontractor Recognition Form at Exhibit J.
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TIME SCHEDULE
It is the purpose of the Borough to complete performance of the Contract in the shortest
time consistent with the time frame and/or schedule issued by the Borough. The Contractor is
reminded that Time is of the Essence.
The Contractor shall commence the Work at such locations as the Borough may direct and
conform to the Borough’s directions as to the order in which the different parts of the Work shall
be done. The Contractor shall comply with all the Borough’s instructions as to workmanship,
character of Work and quality of materials, so as to accomplish the object of the Contract in strict
accordance with all of the terms of the Contract Documents, and in the time specified. These
requirements are not intended to affect or control the Contractor's method and manner of
performing the Work in all its details but are intended to hold the Contractor strictly responsible
for the final results.
COMPLIANCE WITH ANTI-DISCRIMINATION LAWS
The Contractor and its subcontractors shall comply in all respects with all requirements
of N.J.S.A. 10:5-31 et seq. (P.L. 1975, c. 127) and N.J.A.C. 17:27-3.1 et seq. Bidders must submit
with their initial bid the Affirmative Action Questionnaire attached as Exhibit M.
During the performance of the Contract, the Contractor agrees as follows:
(a)
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, sex, affectional or sexual orientation. The Contractor will take
affirmative action to ensure that such applicants are recruited and employed, and that employees
are treated during employment, without regard to their age, race, creed, color, national origin,
ancestry, marital status, sex, affectional or sexual orientation. Such action 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 the provisions of this nondiscrimination clause.
(b)
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, sex, affectional or sexual orientation.
(c)
The Contractor or subcontractor, where applicable, will send to each labor union
or representative of workers with which it has a collective bargaining agreement or other
contract or understanding, a notice, to be provided by the agency contracting officer advising the
labor union or workers' representative of the Contractor's commitments under N.J.S.A. 10:5-33
and shall post copies of the notice in conspicuous places available to employees and applicants
for employment.
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(d)
The Contractor or subcontractor, where applicable, agrees to comply with the
regulations promulgated by the State Treasurer pursuant to P.L. 1975, c.127, as amended and
supplemented from time to time, and with the Americans with Disabilities Act.
(e)
The Contractor or subcontractor agrees to attempt in good faith to employ
minority and female workers consistent with the applicable county employment goals
prescribed by N.J.A.C. 17:27-5.2, promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as
amended and supplemented from time to time or in accordance with a binding determination of
the applicable county employment goals determined by the Affirmative Action Office pursuant to
N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and
supplemented from time to time.
(f)
The Contractor or subcontractor agrees to inform in writing appropriate
recruitment agencies in the area, including employment agencies, placement bureaus, colleges,
universities, labor unions, that it does not discriminate on the basis of age, race, creed, color,
national origin, ancestry, marital status, sex, affectional or sexual orientation, and that it will
discontinue the use of any recruitment agency which engages in direct or indirect discriminatory
practices.
(g)
The Contractor or subcontractor agrees to revise any of its testing procedures, if
necessary, to assure that all personnel testing conforms with the principles of job-related testing,
as established by the statutes and court decisions of the State of New Jersey and as established
by applicable Federal law and applicable Federal court decisions.
(h)
The Contractor or subcontractor agrees to review all procedures relating to
transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without
regard to age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual
orientation, and conform with the applicable employment goals, consistent with the statutes and
court decisions of the State of New Jersey, and applicable Federal law and applicable Federal
court decisions.
(i)
The Contractor and its subcontractors shall furnish such reports or other
documents to the Affirmative Action Office as may be requested by the office from time to time in
order to carry out the purposes of these regulations, and public agencies shall furnish such
information as may be requested by the Affirmative Action Office for conducting a compliance
investigation pursuant to Subchapter 10 of the Administrative Code (N.J.A.C. 17:27).
COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990
The Contractor and the Borough agree that the provisions of Title II of the Americans
With Disabilities Act of 1990, (42 U.S.C. 12101 et seq.)(hereinafter referred to in this section as
the “Act”), 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 thereto, are made a part of this Contract. In providing
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any aid, benefit, or service on behalf of the Borough pursuant to this Contract, the Contractor
agrees that the performance shall be in strict compliance with said Act.
In the event that the Contractor, its agents, servants, employees, or subcontractors violate or are
alleged to have violated the Act during the performance of this Contract, the Contractor shall defend
the Borough in any action or administrative proceeding commenced pursuant to the Act. The
Contractor shall indemnify, protect, and save harmless the Borough, its agents, servants,
commissioners, officers, representatives, consultants 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 Contractor 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 Borough grievance procedure, the Contractor agrees to abide by any
decision of the Borough which is rendered pursuant to said grievance procedure. If any action or
administrative proceeding results in an award of damages against the Borough or if the Borough
incurs any expense to cure a violation of the Act which has been brought pursuant to its grievance
procedure, the Contractor shall satisfy and discharge the same at its own expense.
The Borough shall, as soon as practicable after a claim has been made against it, give written
notice thereof to the Contractor along with full and complete particulars of the claim. If any action or
administrative proceeding is brought against the Borough or any of its agents, servants, and
employees, the Borough shall expeditiously forward or have forwarded to the Contractor every
demand, complaint, notice, summons, pleading, or other process received by the Borough or its
representatives.
It is expressly agreed and understood that any approval by the Borough of the services
provided by the Contractor pursuant to this Contract will not relieve the Contractor of the obligation
to comply with the Act and to defend, indemnify, protect, and save harmless the Borough pursuant to
this section.
It is further agreed and understood that the Borough assumes no obligation to indemnify or
save harmless the Contractor, its agents, servants, officers, representatives, employees and
subcontractors for any claim which may arise out of their performance of this Agreement.
Furthermore, the Contractor expressly understands and agrees that the provisions of this
indemnification clause shall in no way limit the Contractor's obligations assumed in this Agreement,
nor shall they be construed to relieve the Contractor from any liability, nor preclude the Borough
from taking any other actions available to it under any other provisions of the Agreement or
otherwise at law or in equity.
ACCIDENT PREVENTION
A.
Precaution shall be exercised at all times for the protection of persons (including
employees) and property. The safety provisions of all applicable statutes, ordinances, rules,
regulations, orders and building and construction codes shall be observed.
B.
The Contractor shall be fully responsible for any accident that may occur to any
person or property related to, occurring during the course of, or otherwise arising out of any of the
Contractor’s, its subcontractor’s and/or sub-subcontractor’s performance of the Contract and shall
fully protect, defend, indemnify and hold harmless the Borough, its agents, servants, commissioners,
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officers, representatives, consultants and employees from and against any and all accident suits,
claims, losses, demands, or damages unless any such accidents arise from the sole negligence of the
Borough, its agents or employees.
INSPECTIONS, TESTS AND CORRECTION OF DEFECTIVE WORK
A.
All work, goods, supplies, provisions and materials, whether incorporated in the
Work or not, all manufacturing processes, methods of assembly, installation and/or construction
related to or arising out of the performance of the Contract, shall at all times and places be
subject to the inspection of the Borough and its representatives. The Borough shall be the final
judge of the quality and suitability of the work, goods, supplies, provisions and materials,
manufacturing processes and methods of assembly, installation and/or construction for the
purposes for which they are to be used. Should such work, goods, supplies, provisions and
materials, fail to receive the Borough's approval, and/or should they be defective or not
otherwise conform with the Contract requirements, or be defaced or damaged through the
intentional conduct or negligence of the Contractor, its employees, agents, representatives or
subcontractors, or through acts of fire or weather, or any other cause, then such work, goods,
supplies, provisions and/or materials (“Defective Work”) shall be removed and replaced
immediately without delay or additional cost to the Borough.
B.
The selection of bureaus, laboratories, and/or agencies for the inspection and tests
of supplies, materials or equipment shall be subject to the written approval of the Borough. The
Contractor must furnish satisfactory documentary evidence to the Borough that the material has
passed the required inspections and tests to the Borough prior to the incorporation of the
materials in the Work.
C.
At the Contractor’s sole expense, all Defective Work shall be immediately removed
from the site.
D.
The failure by the Borough to condemn Defective Work, or the act of the Borough
in making payments on account of the Contract, shall not be construed as acceptance by the
Borough of Defective Work. If any doubt exists as to the character of the Defective Work, it must,
at the request of the Borough, be made good; and if it is determined to have been satisfactory, the
actual cost, plus fifteen percent (15%) of the cost of taking up and replacing such work will be
paid by the Contractor.
E.
If, in the opinion of the Borough, it is undesirable to replace any Defective Work or
damaged materials, or to reconstruct or correct any portion of the Work not performed in
accordance with the Contract Documents, the compensation to be paid to the Contractor
hereunder shall be reduced by such amount as in the judgment of the Borough shall be equitable.
F.
Neither the acceptance of the completed Work, nor payment therefor, shall operate
to release the Contractor or its sureties from any obligations under or upon the Contract
Documents or performance bond(s).
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G.
No inspection or certificate on account shall be held to constitute an acceptance of
any work or materials, nor shall it relieve the Contractor from the obligation to furnish sound
materials and perform all Work in accordance with the Contract Documents.
H.
furnished.
The Borough shall be the sole judge as to the quality of the materials and work
PAYMENT
A.
The Contractor shall submit monthly invoices by the tenth (10th) day of the
month, along with the Borough's vouchers, for services rendered during the preceding month
and the Borough will make payment to the Contractor upon verification thereof, as authorized at
the regular meeting of said Borough. The Borough reserves the right to withhold part of any or
all monthly payment(s) as retainage, such retainage shall be released when the Contractor has
fulfilled all of his duties under the Contract Documents.
B.
The Borough reserves the right to withhold monthly payments if in the Borough’s
judgment, the Contractor fails to discharge its Contract responsibilities in accordance with these
bid and Contract documents, with particular attention being directed to the Paragraph entitled
"Borough's Right to Withhold Payments," and subject to New Jersey law.
FINAL PAYMENT
A.
Unless otherwise specifically provided elsewhere under the Contract, the Borough
shall, within forty-five (45) days of the final acceptance date agreed upon by the Borough and the
Contractor, provided that the Contract has been completed, pay to the Contractor the amount of
the Contract, less all prior payments, credits, backcharges and advances, or other withholdings
permitted by law whatsoever to or from the account of the Contractor. All prior estimates and
payments, including those relating to extra work, shall be subject to correction by this payment,
which is called the Final Payment.
B.
Before Final Payment shall be made and before the Project shall be accepted by the
Borough, all tests deemed necessary by the Borough to determine that the Contract has been
performed fully and in a proper manner shall be completed.
ACCEPTANCE OF FINAL PAYMENT OR ISSUANCE OF FINAL ACCEPTANCE
Acceptance by the Contractor of the Final Payment shall be and shall operate as a release
to the Borough of all claims and of all liability to the Contractor for every act and omission of the
Borough, its agents, servants, commissioners, officers, representatives, consultants and
employees arising out of this Work. No payment, final or otherwise, or issuance of the Final
Acceptance shall operate to release the Contractor or its sureties or any subcontractor from any
obligations under the Contract Documents, or the performance bond(s). No payment, final or
otherwise, shall in any way limit the Contractor's obligations assumed in this Agreement, nor
shall they be construed to relieve the Contractor from any liability, nor preclude the Borough
from taking any other actions available to it under any other provisions of the Agreement or
otherwise at law or in equity.
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PLANS AND SPECIFICATIONS
A.
Any discrepancy between the figures and drawings shall be submitted by the
Contractor to the Borough, whose decision shall be final and binding.
B.
The Contract Drawings including specifications shall be binding on all trades even
if they should not be referenced in the particular subcontract involved.
C.
Where the words "furnish," "provide" or "install" are mentioned in the
specifications, either singularly or in combination, they are to be interpreted to mean "furnish
and install" unless specifically noted otherwise. These words are further to be interpreted to be
prefixed to all materials, equipment and apparatus mentioned in the specifications or shown on
the Contract Drawings either in abbreviated or in schedule form.
D.
Contractor’s submission of a bid acknowledges that each specification is included
in the Contract Price. If there are any exceptions to the specifications the Contractor MUST
include same in the Bid Documents. The Borough reserves the right to accept or reject
exceptions or changes in the specifications.
BOROUGH'S RIGHT TO WITHHOLD PAYMENT
The Borough may, in its sole discretion, withhold from the Contractor so much of any
approved payments otherwise due the Contractor as may be necessary:
A.
To assure the payment of just claims when due and unpaid to any persons
supplying labor and/or materials in accordance with the Municipal Mechanics Lien Law, N.J.S.A.
2A:44-125, et seq.; or
B.
To protect the Borough from any loss due to the Contractor providing improper,
damaged or nonconforming goods, delivering goods in a time or manner inconsistent with
Contract requirements or failing to deliver the required goods incomplete. Such loss shall
include but is in no way limited to the Borough’s expense in procuring on an emergent basis any
replacement goods not provided by the Contractor in accordance with the Contract; or
C.
To protect the Borough from any loss or claim due to injury to persons or damage
to the work or property of the Borough, other contractors, subcontractors or others, caused by
the act or omission of the Contractor, its subcontractors or sub-subcontractors.
The Borough shall have the right, on behalf of the Contractor, to apply all such amounts so
withheld in such a manner as the Borough may deem proper to satisfy such claims and losses,
reimburse such expenses or to secure such protection. Application of such money shall be
deemed payments from the account of the Contractor.
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BOROUGH'S RIGHT TO STOP WORK OR TERMINATE CONTRACT
A.
The Borough shall have the right to stop Work or terminate the Contract, upon the
occurrence of any one (1) of the following reasons:
1.
A Petition in Bankruptcy Court is filed by or against the Contractor, and either such
petition is not dismissed within thirty (30) days, the Contractor shall be adjudged bankrupt or
an assignment is made for the benefit of the Contractor’s creditors subject to the Federal
Bankruptcy laws; or
2.
A receiver or liquidator shall be appointed for the Contractor or for any of its
property and either the receiver or liquidator shall not be dismissed within twenty (20) days
after such appointment or the proceedings in connection therewith shall not be stayed on appeal
within the said twenty (20) days; or
3.
The Contractor refuses or fails, after notice of warning from the Borough, to supply
enough properly skilled workers or proper materials to properly, timely and fully perform the
Contract requirements; or
4.
The Contractor refuses or fails to perform the Contract requirements, or any part
thereof, with such diligence as will insure its completion within the period herein specified (or
any duly authorized extension thereof), or shall fail to complete the Contract requirements
within said period; or
5.
The Contractor fails to make proper and timely payment to subcontractors or
suppliers or any other person providing labor, goods, supplies or materials used to carry out the
Contract requirements; or
6.
The Contractor fails or refuses to comply with the Contract Documents and any
and all laws, ordinances, codes, rules and regulations applicable to the Contract, or otherwise
fails or refuses to perform any provision of the Contract.
Upon the occurrence of any such event listed above, the Borough, without prejudice to
any other rights or remedies it may have, may on seven (7) days written notice to the Contractor
and its Surety(ies), terminate the Contract, thereby terminating the Contractor’s right to proceed
as to the entire Work or any portion thereof. As to any portion of the Contract requirements
which the Contractor fails or refuses to perform, the Borough may complete such requirements
by Contract or otherwise as the Borough may deem in its best interest.
B.
If the Borough takes action pursuant to paragraphs under the foregoing heading,
the Contractor shall not be entitled to receive any further payment until all Contract
requirements have been met and performed in full. If the unpaid balance of the compensation to
have been paid the Contractor shall exceed the expense of so completing the Contract, including
compensation for additional managerial, administrative and inspection services and any delay
damages, liquidated or otherwise, such excess shall be paid to the Contractor in accordance with
Final Payment provisions of the bid and Contract documents. If such expense shall exceed the
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unpaid balance to have been paid the Contractor, the Contractor and its Surety(ies) shall be
liable to the Borough for such excess.
C.
If the right of the Contractor to proceed with the Contract is terminated, the
Borough may take possession of and utilize in completing the Contract such materials,
appliances, supplies, plant and equipment on the site and necessary therefor. If the Borough
chooses not to so terminate the right of the Contractor to proceed, or shall terminate the
Contractor’s right to proceed only as to a specified portion of the Contract requirements, then the
Contractor shall continue performing the non-terminated portions of the Contract to completion.
USES OF PREMISES AND REMOVAL OF DEBRIS
The Contractor hereby expressly acknowledges that it shall, at its own expense:
A.
property;
Take every precaution against injuries to persons or damages to the Borough’s
B.
Store its apparatus, materials, supplies and equipment in such orderly fashion at
the site of the Work as will not unduly interfere with the progress of the Contract performance
or the operation of the Borough’s facility; and
C.
Frequently remove, at least on a daily basis, all refuse, rubbish, scrap material and
debris caused by its operations, thereby ensuring at all times a neat, orderly and safe
environment.
LABOR LAW PROVISIONS
As a condition of the Contract, the Contractor shall and hereby agrees to comply with all
requirements of the labor laws of the State of New Jersey applicable to the performance of this
Contract.
CORRESPONDENCE
All communications between the parties hereto relating to details, progress and
coordination of the Work shall be deemed effective only when in writing and delivered to the
other party at the proper location required in these Bid and Contract Documents.
INDEPENDENT CONTRACTOR/INDEMNIFICATION
It is hereby mutually covenanted and agreed that the relation of the Contractor to the
Borough, with respect to the Work to be performed by the Contractor under the Contract, shall
be that of an independent contractor. As such, the Contractor shall be responsible for all
damages, claims, losses or injuries to persons or property arising from or incurred in connection
with or during the conduct and performance of the Contract without regard to whether or not
the Contractor, its agents, or employees have been negligent. The Contractor shall indemnify,
defend, protect, and save harmless the Borough, its agents, servants, commissioners, officers,
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representatives, consultants and employees from and against any and all suits, claims, risks,
casualties, losses, demands, or damages, of whatever kind or nature arising out of or claimed to
arise out of performance of the Contract, whether or not by reason of neglect, intentional
conduct, omission or violation of any Federal, State, County or local laws, codes, rules,
regulations or ordinances, unless same is caused by the sole negligence of the Borough, its agents
or employees. The Contractor 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 Borough’s grievance procedure, the Contractor agrees to abide by any
decision of the Borough which is rendered pursuant to said grievance procedure. If any action or
administrative proceeding results in an award of damages against the Borough, the Contractor
shall satisfy and discharge the same at its own expense.
The Contractor shall assume all responsibility for risks or casualties of every description for loss
or injury to persons or property arising out of the performance of the Contract, from the action of
the elements, or from any unforeseen or unusual difficulty. Notwithstanding anything contained
in the Contract documents to the contrary the Borough shall retain the right to litigate any
matter arising under the Contract documents. Arbitration or any other method of alternate
dispute resolution shall be at the sole discretion of the Borough.
CONTRACTOR’S DELAY DAMAGES
In the event that the Contractor intends to claim that it has been delayed by the acts or
omissions of the Borough, its agents or representatives, the Contractor shall, as a precondition
for seeking to and recovering damages or compensation from the Borough on account of any
such claimed delay(s), provide written notice to the Borough within forty-eight (48) hours of
initial commencement of the delay. No claim shall be made or allowed for any damages which
may arise out of any delay allegedly caused by the Borough unless such notice is given to the
Borough within the required forty-eight (48) hour time frame.
In addition, the Contractor shall provide a subsequent written Notice to the Borough
within five (5) days of the commencement of any such claimed delay setting forth at a minimum,
the following information:
1.
Times and dates the delay commenced and terminated;
2.
Time and date the Contractor became aware of the cause(s) of said delay;
3.
Detailed description of the acts and omissions allegedly causing the delay.
4.
Detailed description of the efforts taken by the Contractor to communicate to the
Borough the nature, duration and causes of the delay;
5.
Detailed description of the efforts taken by the Contractor to minimize the
duration of and mitigate the effects of the delay;
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6.
Detailed description of the damages, no matter how slight or extensive, allegedly
sustained by the Contractor as a result of the delay; and
7.
Detailed description of the compensation and/or time extensions sought by the
Contractor as a result of the delay.
FAILURE TO PROVIDE THE NOTICES REQUIRED BY THIS SECTION IN THE FORM AND
WITHIN THE TIME PERIODS SET FORTH ABOVE SHALL CONSTITUTE A BAR TO RECOVERY
FOR SUCH DELAYS.
The Borough shall be the sole and final arbiter of any determination as to the duration,
cause, and impact of the delay, including the determination to award to the Contractor any
compensation and/or time extension as result of the delay.
EXTRA WORK AND CHANGE ORDERS
A.
The Borough may, at any time, by a written order and without notice to the
sureties, require the performance of such extra work and/or changes as it may find necessary or
desirable. The amount of compensation to be paid to the Contractor for any extra Work as so
ordered shall be determined as follows:
1.
By such applicable unit prices, if any, as are set in the Contract; or
2.
If no such unit prices are so set forth, then by unit prices or by a lump sum price
mutually agreed upon by the Borough and the Contractor; or
3.
If no unit prices are set forth and the parties cannot agree upon unit prices or a
lump sum, then by the actual net cost of the materials and wages of applied labor (including
premiums for Workmen's Compensation Insurance) required for such extra work plus rental of
space, if necessary, and equipment (other than small tools) required and approved for such extra
Work, plus fifteen (15%) percent as compensation for all other items of profit and insurance
other than Worker's Compensation Insurance, materials used in temporary structures,
allowances made by the Contractor to subcontractors, additional premiums upon the
performance bond of the Contractor and the use of small tools.
B.
No extra Work shall be performed and no change orders shall be executed until the
Borough has approved the extra Work/change orders in writing. Notwithstanding anything
herein contained, performance of any extra Work and payment thereunder shall be governed by
N.J.A.C. 5:30-11.1 et seq.
ASSIGNMENT AND TRANSFER
The Bidder shall not assign, sell, transfer or otherwise dispose of its Bid or any portions
thereof or any right or interest therein. The Contractor shall not assign, sell, transfer or
otherwise dispose of its Contract or any right or interest therein in whole or in part without the
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prior, express, written consent of the Borough. The Borough shall have the unfettered discretion
to approve or not approve the assignment, sale or any other transfer of the Contractor’s interest
in the Contract. The Contractor shall, at all times, be responsible for performance of the Contract.
The Contractor shall at all times maintain personal control of, and devote its personal attention
to, the faithful performance of said Contract.
STANDARDS AND INDUSTRY SPECIFICATIONS
A.
Any material or operation specified by reference to any published specifications of
a manufacturer, society, association, code or other published standard shall mean that the
Contractor or applicable subcontractor shall be required to comply with the requirements of the
most recent version of that standard as of the date of receipt of the bids. In the case of a conflict
between the referenced standard and the specifications, the standard shall govern except where
the Contract Documents require materials and/or workmanship of higher qualities or stricter
considerations, in which case the Contract Documents shall govern. In case of a conflict between
referenced standards, the document having the more stringent requirement shall govern.
B.
If requested, the Contractor shall furnish an affidavit from any manufacturer
certifying that materials or products fabricated by that manufacturer and delivered to the site
comply with specified requirements and/or standards.
C.
Should a more current addition of a standard become effective during
construction, the Contractor may, with the approval of the Borough, utilize the latest addition of
the specified standard.
WARRANTIES
A.
The Contractor warrants that all work performed and materials/services provided
shall be in full and complete accordance with the Contract Documents and any addenda and
change orders approved by the Borough, and all requirements pertaining thereto.
B.
The Contractor warrants that all work performed and materials/services provided
shall be free from any defects and fully suitable and fit for the uses and purposes for which they
were intended as specified in these Contract documents.
C.
Except as otherwise stated herein, and in addition to the Borough's common law
and statutory remedies, the Contractor warrants that should any defect develop or should any
portion of the work require repair, replacement or rebuilding within one (1) year from final
acceptance, the Contractor shall, after receiving written notice from the Borough, promptly
correct, substitute and/or make good any such defect, repair or correction within seven (7) days
of the date when such notice shall be mailed, without additional cost to the Borough. The
Contractor warrants that it shall protect, defend, hold harmless and indemnify the Borough
against any claim, demand, loss or damage by reason of any breach of any warranties unless
caused by or resulting from the sole negligence of the Borough. The period of this express
warranty shall commence on the date that final acceptance by the Borough occurs and shall
continue in full force and effect for a period of one (1) year, except for those items for which a
longer period of warranty is specified. If the Contractor shall fail or neglect to start such
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corrective work within seven (7) days, the Borough may employ such persons as it may deem
proper to make such corrections and pay the expenses thereof out of any sum retained by it,
provided nothing herein contained shall limit the liability of the Contractor or its surety to the
Borough for nonperformance of the Contractor's obligations at any time. Nothing herein shall be
deemed a waiver of any rights the Borough may have to assert claims related to negligence, strict
liability in tort, implied or express warranties, or any other rights or remedies permitted to be
asserted under any law, rule, or regulation applicable to the work.
D.
In the event the Borough commences any legal or equitable action based upon this
Paragraph or causes of action referred to herein or based upon any other aspect of the Contract
Documents, the Borough, in the event it is successful in bringing such action, shall be entitled to
recover from the Contractor or any subcontractor all reasonable attorneys' fees and other costs
of suit incurred by the Borough. In addition, the Borough shall be entitled to interest as set forth
in New Jersey Court Rules (without regard to the amount due) on any damages recovered
against the Contractor or any subcontractor from the date of default.
E.
In the event that any guaranties or warranties referred to in the specifications are
less stringent than the guaranties or warranties provided in the Information For Bidders, then,
and in that event, the more stringent requirements provided in the Information For Bidders shall
control.
CERTIFICATE OF OWNERSHIP
The Contractor shall submit at the time of the execution of the Contract a certificate
showing that it owns, leases or controls all equipment required by the specifications in the form
attached as Exhibit O. If the Contractor is not the actual owner or lessee, the certificate shall
state the source of the equipment.
THE NEW JERSEY WORKER AND COMMUNITY RIGHT TO KNOW ACT
It is the Contractor’s responsibility to ensure that 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 as well as the chemical name. The manufacturer and supplier must
properly label each container according to the requirements of the above act. All applicable
Material Safety Data Sheets (MSDS)/hazardous substance fact sheets must be furnished to the
Borough prior to the commencement of work activities.
CERTIFICATION OF SHAREHOLDERS, OFFICERS AND PARTNERS
N.J.S.A. 52:25-24.2 requires each bidder to certify under oath the names of each
stockholder, member or partner owning ten (10%) percent or more of the stock or interest in the
bidder and the amount of that interest. If one or more of the stockholders, members or partners
is itself a corporation, limited liability company or partnership then the stockholders, members
or partners of that corporation, limited liability company or partnership holding ten percent
(10%) or more of the stock or interest shall be listed. The disclosure shall be continued until the
names and addresses of every non-corporate stockholder, member and individual partner
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exceeding the 10% ownership criteria has been listed. The required Certificate is attached as
Exhibit P.
DRUGS AND ALCOHOL
Possessing, using and/or being under the influence of illegal drugs or alcohol on the
Borough’s property is strictly prohibited. Any violation of this clause is grounds for termination
of the Contract.
CHECK LIST
A form of Bidder Check List is attached as Exhibit B. Each bidder must sign and
completely check off each item on the Check List unless it is indicated on the check list that the
specific form need not be used.
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EXHIBIT A
SPECIFICATIONS
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EXHIBIT B
BIDDER'S CHECKLIST
To be Signed or initialed and Submitted with Bid
__________________________________
BID
__________________________________
BID BOND/SECURITY
__________________________________
CERTIFICATE OF SURETY
__________________________________
BIDDER'S REVISIONS & ADDENDA
__________________________________
ACKNOWLEDGEMENT FORM
__________________________________
STATEMENT OF SUBCONTRACTORS
__________________________________
NON-COLLUSION AFFIDAVIT
__________________________________
AFFIRMATIVE ACTION FORM
__________________________________
STATEMENT OF QUALIFICATIONS
__________________________________
CERTIFICATE OF OWNERSHIP
__________________________________
CERTIFICATE OF SHAREHOLDERS,
__________________________________
CERTIFICATE OF REGISTRATION
Witness
___________________________
_______________________________
Trade, Company or Corporate Name
______________________________
Street
_______________________________
City
By: ___________________________
Title:__________________________
Date: __________________________
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EXHIBIT C
BID FORM
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EXHIBIT D
FORM OF 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 Borough of Sayreville as Owner in the sum of
____________________________________________($__________) Dollars 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 Borough of Sayreville a certain bid, attached hereto and hereby made a
part hereof, to enter into a Contract in writing for Work pursuant to the Contract
Documents.
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 in the form attached hereto (properly completed in accordance with said Bid) and
shall furnish a bond for the faithful performance of said Contract and for the payment of all
persons performing labor or furnishing materials in 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 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 Borough of Sayreville may accept such bid and said Surety does
hereby waive notice of any such extension.
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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.
Attest or Witnesseth:
________________________
(print name)
________________________
(print name)
Principal:___________________________
By:________________________________
___________________________________
(signature)
Surety:_____________________________
By:________________________________
___________________________________
(signature)
NOTE: Documents attesting to the Borough of the persons executing this bond to so
act on behalf of the surety company, as well as the financial statement of the company,
must be annexed hereto. The surety company's own form will be accepted if in compliance
with this form. No AIA forms are acceptable.
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EXHIBIT E
CERTIFICATE OF SURETY
TO:
BOROUGH OF SAYREVILLE
Re:
Contract_____________________________
THIS IS TO CERTIFY that if_____________________________ ("Contractor") is the successful
bidder on its bid for _____________________________ ("Project"), _____________________, a corporation
of the State of ______ ("Surety"), with its principal office at _______________________, duly
authorized to transact business in the State of New Jersey and to provide surety services
and not currently in bankruptcy, shall provide to the Borough and shall be surety on the
performance bonds required by the Contract Documents of the Project in such sums as are
designated in the Contract Documents including one hundred (100%) percent of the
amount of the awarded Contract.
Surety further agrees that said performance bond(s) shall remain in full force and
effect for the duration of the Project and shall not be released until final acceptance of the
Work and formal approval by the Borough, and then only if all liens or claims have been
satisfied and all other applicable provisions of the Contract Documents have been executed,
and submitted to and approved by the Borough.
IN WITNESS WHEREOF, the undersigned has caused this certificate to be signed by
its proper officers and its corporate seal to be affixed hereto this ___ day of _______ 20__.
ATTEST:
______________________
___________________________
(Name of Surety Company)
______________________
(Seal)
By:________________________
(Authorized Agent of Surety)
NOTE: Documents attesting to the Borough of the persons executing this Certificate
to so act on behalf of the surety company, as well as the financial statement of the company,
must be annexed hereto. The surety company's own form will be accepted if in compliance
with this form. No AIA forms are acceptable.
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EXHIBIT F
FORM OF PERFORMANCE BOND
Project No:
Contract for:
PERFORMANCE AND PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS that we, the undersigned Contractor and Surety company
(or companies), as principal and surety (or sureties), respectively,
Contractor (Principal)
Surety
are hereby held and firmly bound unto the Borough of Sayreville, 167 Main Street, Sayreville, New
Jersey 08872 (herein called the “Borough”) in the penal sum of ($ amount in writing ($ amount in
figures), for the payment of which, well and truly to be made, we hereby jointly and severally bind
ourselves, our heirs, representatives, executors, administrators, successors and assigns. Each
surety, however, if there is more than one, shall be jointly and severally liable for said penal sum.
Signed this ______________________ day of ________________ 2006
The condition of the above obligation is that
WHEREAS, the above named principal has entered into a Contract in writing with the
Borough, including all documents thereto of which hereby all are made a part of this bond as though
herein set forth in full and known as the Contract Documents and which Contract shall consist of:
(Name Contract and work to be performed.)
WHEREAS, the Borough has required this bond for the faithful performance of all
obligations imposed by said Contract and also for the payment of all lawful claims of
subcontractors, material men, if any, and workmen arising out of the performance of said Contract;
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NOW, if the said principal shall well and faithfully do and perform the things agreed by it to
be done and performed according to the terms and true intent and meaning of said Contract and the
Contract Documents and if all lawful claims of subcontractors, material men and workmen arising
out of the performance of said Contract are paid, then this obligation shall be void, otherwise the
same shall remain in full force and effect; it being expressly understood and agreed that, provided
the surety shall comply with the provisions hereof, the aggregate liability of the surety for any and
all claims hereunder shall in no event exceed the penal amount of this obligation as hereinbefore
stated.
This understanding is for the benefit of the Borough and all subcontractors, material men and
workmen having lawful claims arising out of the performance of said Contract, and all such
subcontractors, material men and workmen (as well as the Borough itself) shall have a direct right
of action upon this bond; but the rights and equities of such subcontractors, material men and
workmen shall be subject and subordinate to those of the Borough. No other rights as to any third
parties are created under this bond.
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 extensions of time, modification, omission,
addition or change in or to the said Contract or the services to be performed thereunder, or by any
supervision or inspection or omission to supervise or inspect the construction, or by any payment
thereunder before the time required therein, or by any waiver of any provision or condition thereof
(whether precedent or subsequent), or by any assignment, subletting or other transfer thereof or of
any part thereof or of any services to be performed or any moneys due or to become due
thereunder, and said surety does hereby waive notice of any and all such extensions, modifications,
omissions, additions, changes, payments, waivers, assignments, subcontracts and transfers, and
hereby expressly stipulate and agree that any and all things done and omitted to be done by and in
relation to assignees, subcontractors and other transferees shall have the same effect as to said
surety as though done by or in relation to said principal.
The surety shall give the Counsel for the Borough the following notices:
Written notice of an intent to pay any claim of a subcontractor, material man or workman
hereunder;
Written notice within five days of the institution of an action by a subcontractor, material man or
worker hereunder.
As a pre-condition to the expiration of this bond, and notwithstanding any other terms and
conditions hereof, the surety shall supply the Borough with sixty (60) days written notice that this
bond will expire. Upon receipt of this written notice and from said date, the bond will remain in full
force and effect until the end of the sixty (60) day period, even if beyond the date set forth in this
bond. Said notice shall be given by Registered mail to the Municipal Clerk of the Borough, Return
Receipt Requested.
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The surety shall not pay the claim of any subcontractor, material man or workman hereunder until
the expiration of thirty days after receipt by said Counsel of notice under either subparagraph A or
B above, describing the claim to be paid.
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 assigned by their proper officers, the day and year first set forth
above.
( Seal )
__________________________________
Principal
By:________________________________
___________________________________
Surety
By:_________________________________
Date:
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EXHIBIT G
ACKNOWLEDGMENT OF RECEIPT OF NOTICES OF REVISIONS OR ADDENDA TO
ADVERTISEMENT OR BID DOCUMENTS
BOROUGH OF SAYREVILLE
_______________________________
(Descriptive Contract name)
_______________________________
(Contract Number)
The undersigned bidder hereby acknowledges its receipt of the below-listed notice(s) of
revisions and/or addenda to the bid advertisement or bid documents. By indicating the date of
receipt, the bidder hereby acknowledges that its submitted bid takes into account all of the
provisions contained in such listed notices of revisions and/or addenda. The bidder hereby
acknowledges and agrees that the Borough’s record of notices of revisions and/or addenda shall
take precedence over the bidders’ accounting of such notices. The bidder further acknowledges and
agrees that any failure of the bidder to include and specifically reference its receipt of any such
notices of revisions and/or addenda on this document, as part of its bid, may be cause for rejection
of the bid.
Borough of Sayreville
Revision/Addenda Title/Number
Bidders Method of Receipt
(Mail, Fax, Delivery, etc…)
Date
Received
_____________________________
_____________________________
_____________________________
_____________________________
_____________________________
_____________________________
_____________________________
_____________________________
______________________
______________________
______________________
______________________
______________________
______________________
______________________
______________________
____________
____________
____________
____________
____________
____________
____________
____________
BIDDER’S ACKNOWLEDGEMENT:
Bidder’s Name:
____________________________________________
Authorized Representative: __________________________,_________________
(print name)
(print title)
Signature:
____________________________________________
Date:
____________________________________________
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EXHIBIT H
FORM OF CONTRACT
THIS AGREEMENT made this ______ day of ______________, 20__, (hereinafter also
referred to as the "Contract") by and between:
The BOROUGH OF SAYREVILLE, a body corporate and politic of the State of New
Jersey, with its principal office at 167 Main Street, Sayreville, New Jersey, 08872
hereinafter referred to as the "Borough"; and _____________________________________, with its
principal office at ________________________________________ hereinafter referred to as the
"Contractor"
W I T N E S S E T H:
WHEREAS, the Borough intends to have, under this Contract,______________________
supplied, (hereinafter called the Work) in accordance with the Contract Documents
prepared by the Borough and its representatives.
WHEREAS, the Borough advertised pursuant to the New Jersey Local Public
Contracts Law for sealed bids for the Work; and,
WHEREAS, the Contractor has been determined to be the lowest responsible bidder
for said Work by submitting a bid in the amount of $________________ and
WHEREAS, the Borough has accepted said bid and authorized the execution of a
Contract with the Contractor for the performance of the Work (as hereinafter defined) in
accordance with the bid documents and specifications in the amount of $__________________,
subject to any increases or decreases due to alternatives, unit prices, and/or cash
allowances, all as authorized by the Contract Documents.
NOW THEREFORE, in consideration of One ($1.00) Dollar to each of the parties in
hand paid, receipt of which is hereby acknowledged and, in further consideration of the
premises and mutual promises herein contained, the parties agree as follows:
I.
Parts of Contract
The parties agree that the terms and conditions contained in the following
documents which comprise and are hereinafter called the Contract Documents are made
part of this Agreement and are binding on all parties as if all conditions contained in the
Contract Documents were set forth in this Agreement:
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1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Notice to Bidders
Information For Bidders
Bid
Agreement ("Contract")
Bonds
General Conditions as modified
Specifications
Modifications or Addenda
Acknowledgment of Addenda Receipt
Contract Drawings
Certificate of Surety
Affidavits
Statement of Qualifications
Any other documents which were attached to bid documents
II.
Contract Time
All Contract time requirements contained within the Contract documents are of the
Essence. Work shall be commenced upon written or oral notice to proceed and shall be
completed as described in the Contract Documents (Saturdays, Sundays, and legal holidays
excluded). All time requirements in this Contract and the Contract Documents shall be
deemed essential terms of this Agreement.
The Contractor unconditionally guarantees that he can and will provide the goods
and/or services as set forth in the specifications within the time limit stated in the Contract
Documents, or within the time as extended in accordance with the provisions of this
Contract. Inasmuch as the damage and loss to the Borough which will result from the
failure of the Contractor to so perform within the stipulated time, will be most difficult or
impossible of accurate estimate, the damages to the Borough for such delay and failure on
the part of the Contractor shall be liquidated in the amount of $50.00 for each day delivery
is delayed beyond the time specified in accordance with the provisions hereof; such
liquidated damages shall not be considered as a penalty. The Borough will deduct and
retain out of any money due or to become due hereunder the amount of the liquidated
damages.
III.
Subcontractors
The Contractor shall bind every subcontractor by the Contract Documents which are
to be a part of their subcontracts, but which shall not be construed as creating any
contractual relationship between any subcontractor and the Borough.
IV.
Work
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The Contractor shall furnish all labor, materials, equipment, tools, and services
necessary to perform and complete the Work in strict compliance with the Contract
Documents, which are made a part of the Agreement.
The Contractor agrees that it will be responsible for the full performance and
completion of all Work to be done under this Agreement and by the execution hereof
acknowledges that it has carefully informed itself regarding conditions at the site and
pertaining to the Work to be done.
V.
Prices for Work
The Borough shall pay and the Contractor shall receive the prices stipulated in the
Bid, as full compensation for everything furnished and done by the Contractor in
conformance with this Agreement except as to any extras authorized by the Borough
pursuant to N.J.A.C. 5:30-11.5 et seq.
The cost for all Work in this Contract is: $____________.
VI.
Contract Documents
The Contract Documents comprise the documents listed in Article I of this
Agreement, entitled "PARTS OF CONTRACT". In the event provisions of one document
conflict with the provisions of another document, the provision in the document first listed
as follows shall govern, except as otherwise specifically stated:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Information for Bidders
Notice to Bidders
Specifications
Agreement (this Instrument)
Bid
Certificate of Surety
Bonds
Affidavits
Any other documents required and/or incorporated by the Bid and Contract
documents.
VII.
Waivers
Neither the inspection by the Borough nor any of its agents, nor any orders,
measurement, or certificate by the Borough or its agents, nor any order by the Borough for
the payment of money nor payment for, nor acceptance of, the whole nor any part of the
Work by the Borough, nor any extension of time, nor any possession taken or use of any
part of the Work product by the Borough or its employees, shall operate as a waiver of any
provisions of this Agreement, or of any power herein reserved to the Borough, or any right
to damages herein provided, nor shall any waiver of any breach of this Contract be held to
be a waiver of any other or subsequent breach. Any remedy provided in this Agreement
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shall be taken and construed as cumulative; that is, in addition to each and every other
remedy herein provided, and in addition to all other suits, actions, or legal proceedings, the
Borough shall also be entitled as of right to a writ of injunction against any breach of any of
the provisions of this Agreement.
VIII.
Responsibility of the Borough
The Borough or its authorized agents or employees expressly designated by the
Borough’s Business Administrator or such appointed designee shall decide any and all
questions which may arise as to the quality and acceptability of Work furnished, interpretation
of specifications, and all questions as to the acceptable fulfillment of the Agreement on the part
of the Contractor.
IX.
Successors and Assigns
This Agreement shall inure to the benefit of and be binding upon the Borough and the
Contractor and its successors, permitted assigns, and legal representatives. The Contractor
shall not assign, transfer, or sublet its interests or obligations with respect to its Bid or this
Contract without the prior written consent of the Borough. Such consent shall be at the
unfettered discretion of the Borough.
X.
Payment
The Contractor shall submit its requisitions pursuant to the Contract Documents on
voucher forms of the Borough in proper form to the Borough, and acceptance of the Work and
payment thereof shall be conditioned upon the Contractor complying with all the terms and
conditions of the Contract Documents referred to herein.
XI.
Bidding Documents and Affirmative Action
The Contractor shall comply in all respects with the requirements of all Contract and
Bid documents and will further comply with all requirements of N.J.S.A. 10:5-31 et seq. (L.
1975, c.127).
XII.
Insurance and Bonds
The Contractor shall be required to provide the insurance coverage described in the
Contract Documents and shall submit the appropriate Certificates and endorsements of such
insurance providing the Borough, its agents, employees and professionals as additional
insureds. In addition, the Contractor shall provide performance, maintenance and other bonds
in the amounts and in such form as set forth in the Contract Documents. These documents shall
be submitted no later than the time that the Contractor executes this contract.
XIII.
Written Notice
All notices, requests or other communications pursuant to this Agreement shall be in
writing and shall be sent pursuant to this Agreement by U.S. First Class Mail, to the parties'
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addresses set forth above, except any notices sent pursuant to the Paragraphs entitled "Award
of the Contract", "Subcontractors," "Acceptance of Final Payment or Issuance of Final
Acceptance," "Final Payment" and, "Warranties," shall be sent by U.S. Mail, Certified, return
receipt requested.
All notices may also be sent by recognized national overnight delivery services for which proof
of delivery is available. All notices are effective upon actual delivery, or if sent by U.S. Mail on
the third business day after posting.
XIV. Entire Agreement
This Agreement contains the entire agreement between the parties and no amendment,
modification or addendum to this Agreement shall be effective unless in writing dated
subsequent to the date hereof and executed by the duly authorized officers of the respective
parties. The requirement for such a writing shall apply to any waiver of the requirement of a
written modification pursuant to this Article and this shall be deemed an essential term of the
Agreement. Furthermore, all headings in the Contract Documents are intended for
convenience and shall have no bearing on the interpretation of those documents.
XV.
Validity
If any term or condition of this Agreement or application thereof shall be determined to
be contrary to the laws of State of New Jersey or the United States, then such term or condition
or application shall not be deemed valid except to the extent permitted by law, but all other
terms and conditions or applications shall continue in full force and effect.
XVI.
Jurisdiction
All disputes arising under this Contract are to be resolved in the courts of the State of
New Jersey. If any party desires to commence an action to enforce any provision of this
Agreement, such action must be instituted in the appropriate New Jersey courts. The parties
consent to the jurisdiction of the New Jersey courts. The parties agree that the courts of the
State of New Jersey are to have exclusive jurisdiction over this Contract. The parties agree that
service of any process is effective if served in the manner that a Notice may be served pursuant
to this Contract.
XVII.
Governing Law
This Contract is governed by and is to be construed and enforced in accordance with the
laws of State of New Jersey as though made and to be fully performed in New Jersey (without
regard to New Jersey’s choice of law rules).
IN WITNESS WHEREOF, the parties, by themselves or by their appropriate corporate
officers and representatives have set their/its hands and/or seals the day and year first
written.
Borough of Sayreville
Traffic Signal Repairs and Electrical Services
54
ATTEST/WITNESS:
BOROUGH OF SAYREVILLE
_________________________
Theresa A. Farbaniec, RMC
Municipal Clerk
By:____________________________
Kennedy O’Brien, Mayor
______________________________
(CONTRACTOR)
__________________________
Print Name and sign above
By: ___________________________
Name:_________________________
Title:__________________________
Borough of Sayreville
Traffic Signal Repairs and Electrical Services
55
ACKNOWLEDGMENT OF CORPORATE CONTRACTOR
STATE OF ________________) s.s.
COUNTY OF ______________)
BE IT REMEMBERED, that on this ______ day of _____________ 20__, before me, the
subscriber, a notary public of _____________, personally appeared ___________________________,
who, being by me duly sworn on _____ oath, deposes and makes proof to my satisfaction that
_____________________________ is the Secretary of ________________________________________the
Corporation named in the within Instrument, that _________________________________ is the
President of said Corporation; that the execution, as well as the making of this Instrument,
has been duly authorized by a proper resolution of the Board of Directors of the said
Corporation; that deponent well knows the corporate seal and was thereto affixed and said
Instrument signed and delivered by said President as and for the voluntary act and deed of
said Corporation, in the presence of deponent, who thereupon subscribed his/her name
thereto as attesting witness.
_________________________________
Sworn to and subscribed
before me this ____ day
of_______________, 20__
__________________________________
Attesting Witness
Print Name and Sign above on the Line
____________________________
Notary Public of the
State of New Jersey
Borough of Sayreville
Traffic Signal Repairs and Electrical Services
56
ACKNOWLEDGMENT OF INDIVIDUAL
STATE OF ________________) s.s.
COUNTY OF ______________)
I CERTIFY that on _________________, 20___, __________________ personally came before me
and acknowledge under oath, to my satisfaction, that this person (or if more than one
person, each person): (a) is named in and personally signed this document; and (b) signed,
sealed and delivered this document as his or her act and deed.
_________________________________
Sworn to and subscribed
before me this ____ day
of_______________, 20__
____________________________
Notary Public of the
State of New Jersey
Borough of Sayreville
Traffic Signal Repairs and Electrical Services
57
ACKNOWLEDGMENT FOR PARTNERSHIP
STATE OF ________________) s.s.
COUNTY OF ______________)
I CERTIFY that on _____, 20__, ________________________ personally came before me and
acknowledged under oath, to my satisfaction, that this person (or if more than one person,
each person):
(a)
(b)
(c)
is named as the Managing Partner of the Partnership executing this document; and
personally signed this document; and
signed, sealed and delivered this document as his or her act and deed.
_________________________________
Sworn to and subscribed
before me this ____ day
of_______________, 20__
____________________________
Notary Public of the
State of New Jersey
Borough of Sayreville
Traffic Signal Repairs and Electrical Services
58
EXHIBIT I
FORM OF STATEMENT OF SUBCONTRACTORS
Name of Subcontractor
Address
Nature of Work
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
Name_________________________________
Title__________________________________
______________________________________
(Signature)
(If partnership or corporation, must be
signed by general partner or corporate
officer).
Borough of Sayreville
Traffic Signal Repairs and Electrical Services
59
EXHIBIT J
SUBCONTRACTOR RECOGNITION FORM
The Subcontractor signing this document acknowledges that (i) there is no
contractual relationship between the subcontractor and the Borough; (ii) that except for
duly filed Municipal Mechanics Lien claims it shall not direct any claims against the
Borough for any payments which are not made by the Contractor; (iii) that except for duly
filed Municipal Mechanics Lien claims all such claims against the Borough shall be waived;
(iv) that any claims against the Borough, its members, commissioners, employees, agents,
consultants and representatives shall be waived pursuant to the Paragraph of the Contract
Documents entitled "Personal Liability"; (v) that the subcontractor has familiarized itself
with the Contract Documents including but not limited to the Contract itself, and the
Paragraphs of the Contract Documents entitled "Personal Liability," and "Schedule;" and
agrees to comply therewith and (vi) that the subcontractor shall comply with the
established progress and/or delivery schedules.
Subcontractor further guarantees and warranties its Work in accordance with the
warranty and guaranty provisions of the Contract Documents.
_____________________________
Name of Subcontractor
_____________________________
Signature
Borough of Sayreville
Traffic Signal Repairs and Electrical Services
60
EXHIBIT K
REQUEST FOR PRIOR APPROVAL
Date of Request _________________________________________
Job Bid Date ____________________________________________
Name of Party Proposing Substitute __________________________
Job Name _______________________________________________
Specifications, Section and Paragraph ________________________
Specified Item ___________________________________________
Proposed Substitute _______________________________________
Manufacturer ____________________________________________
Deviations From the Specified Item __________________________
Manufacturer's Recommendations for Use and Installation (List
recommendations)__________________________________________
_________________________________________________________
_________________________________________________________
Borough of Sayreville
Traffic Signal Repairs and Electrical Services
61
EXHIBIT L
FORM OF NON-COLLUSION AFFIDAVIT
STATE OF NEW JERSEY:
SS:
COUNTY OF _________ :
I, _____________________________, residing in the ___________________ of __________________ in the
County of______________and the State of_____________ of full age, being duly sworn according to
law, upon my oath, depose and say:
I am _____________________of the firm of______________________________, the bidder making
the bid for the Borough of Sayreville's Contract_____, __________________________ (the "Work"),
and I executed the said bid with full Borough to do so; that said bidder has not, directly or
indirectly, entered into any agreement, participated in any collusion, or otherwise taken
any action in restraint of free, competitive bidding in connection with the above project;
and that all statements contained in said bid and in this affidavit are true and correct, and
made with full knowledge that the Borough of Sayreville relies upon the truth of the
statements contained in said bid and in the statements contained in this affidavit in
awarding the contracts for the said project.
I further warrant 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 employees or bona fide
established commercial or selling agencies maintained by the bidder for the purpose of
securing business.
Name____________________________________
Title_____________________________________
_____________________________________
(Signature)
If partnership or corporation, must be signed by managing partner or corporate officer).
Subscribed and sworn to
before me this______day
of_______________, 20__.
_________________________
Notary Public of the
State of___________________
Borough of Sayreville
Traffic Signal Repairs and Electrical Services
62
EXHIBIT M
REQUIRED EVIDENCE
AFFIRMATIVE ACTION
If awarded a Contract, the Contractor shall comply with the requirements of P.L.
1975, c. 127 (N.J.A.C. 17:27-1, et seq.). Within seven (7) days after receipt of the Notice of
Award or receipt of the Contract, whichever is sooner, the Contractor shall present one of
the following to the Borough:
1.
A photocopy of a valid letter from the U.S. Department of Labor that the
contractor has an existing federally-approved or sanctioned Affirmative Action Plan (good
for one year from the date of the letter), OR
2.
A photocopy of approved Certificate of Employee Information Report, issued
in accordance with N.J.A.C. 17:27-4, OR
3.
An Affirmative Action Employee Information Report (Form AA302), provided
by the Affirmative Action Office and completed by the Contractor in accordance with
N.J.A.C. 17:27-4, OR
NO FIRM MAY BE ISSUED A CONTRACT UNLESS IT COMPLIES WITH THE
AFFIRMATIVE ACTION REGULATIONS OF P.L. 1975, C.127.
This questionnaire along with a copy of your Federal Affirmative Action Plan,
Certificate of Employee Information Report, or completed AA302 Form must be filed by the
successful bidder on or before the date that the Contract is executed.
1.
Our company has a Federal Affirmative Action Plan approval.
Yes __________
No __________
A.
If yes, submit a copy of said approval.
2,
Our company has a New Jersey State Certificate of Employee Information
Report Approval.
Yes __________
No __________
A.
If yes, submit a copy of the New Jersey State Certificate.
3.
If you do not have either of the above, check below:
_______ Please send our company an Affirmative Action form for our completion.
(AA302 - Affirmative Action Employee Information Report.) This form must be completed
Borough of Sayreville
Traffic Signal Repairs and Electrical Services
63
and filed by the successful bidder/contractor on or before the date that the Contract is
executed.
The Affirmative Action Affidavit for vendors having less than fifty employees is no
longer acceptable, a New Jersey Certificate of Approval or AA302 is required.
I certify that the above information is correct to the best of my knowledge.
_________________________________
(Company Name)
__________________________________
(Signature)
__________________________________
(Print Name)
__________________________________
(Title)
__________________________________
(Date)
Note: A bid must be rejected as non-responsive if a bidder fails to comply with
requirements of P.L. 1975, c.127, within the time frame.
Borough of Sayreville
Traffic Signal Repairs and Electrical Services
64
EXHIBIT N
STATEMENT OF QUALIFICATIONS
1.
Name Of Bidder________________________________________________
2.
Principal Office ________________________________________________
(Street or Post Office Box)
________________________________________________________________
(City)
(State)
(Zip Code)
3.
Are you an individual ___, a partnership ____, a corporation ___, a joint venture _____,
or other ____ (check as applicable). If "other", please describe: _______________________.
4.
If a corporation, list the names of the officers and directors and the state of
incorporation; if a partnership or joint venture, list the names and addresses of the
partners or venturers; if any partner or venturer is a corporation, partnership or joint
venture, list the information requested above for each such corporation, partnership and
joint venture.
NAME
ADDRESS
TITLE
________________ _______________________ ___________________
________________ _______________________ ___________________
________________ _______________________ ___________________
________________ _______________________ ___________________
________________ _______________________ ___________________
5.
How many years has your organization been in business as a contractor under your
present business name? _____________________
6.
When organized? _________________
7.
When incorporated? _______________
8.
How many years of experience has your organization had in the type of Work
similar to the Work which you are bidding? ____
9.
List contracts involving similar work that your organization has completed in the
last 5 years, together with name and address of Owner and project cost.
a. Location of Work: ______________________________________ Year: _______________ Contract price:
_________________________________________________________________
Kind of Work: _________________________________________________________________
Name of Owner:________________________________________________________________
Address: ______________________________________________________________________
Name of Architect or Engineer:____________________________________________________
Address:_______________________________________________________________________
Borough of Sayreville
Traffic Signal Repairs and Electrical Services
65
b. Location of Work: ______________________________________ Year: _______________ Contract price:
_________________________________________________________________
Kind of Work: _________________________________________________________________
Name of Owner:________________________________________________________________
Address: ______________________________________________________________________
10.
List below all contracts currently being worked on as of this date and include the
name of each contract, the architect, the owner and all subcontractors and the engineer,
the location, a brief description of the contract, the Contract amount, and the percent of
completion.
________________________________________________________________
________________________________________________________________
________________________________________________________________
(Use blank sheet(s) if additional space is needed)
11.
References: Name only engineers, owners or representatives including public
agencies for which you have performed Work.
Name ________________________________________________________________________
Address ______________________________________________________________________
Agency_______________________________________________________________________
Name ________________________________________________________________________
Address_______________________________________________________________________
Agency _______________________________________________________________________
12.
Provide as references the names of those banks, which can substantiate the financial
responsibility of the bidder.
Name of Bank _________________________________________________________________
Address ______________________________________________________________________
Contact _______________________________________________________________________
13.
Provide the name and address of the Contract manager, superintendent and/or
representative who will be responsible for operations under the Contract and set forth the
total number of years of experience of each individual, the total number of years of
experience with the company and the name and address of those persons' prior employer
or employers if with his (their) present employer less than five (5) years.
Name: ______________________________ Address: _________________________________
# of Years Experience:_______________ # of Years with Contractor: ________________
Names and Addresses of Prior Employer(s): _________________________________________
(Use blank sheet(s) if additional space is needed)
14.
Provide a detailed description of the proposed Contract
superintendent's experience as such during the past five (5) years.
manager's and
Borough of Sayreville
Traffic Signal Repairs and Electrical Services
66
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
(Use blank sheet(s) if additional space is needed)
15.
At the discretion of the Borough, you may be required to submit your latest financial
statement which must have been prepared within the past year in accordance with
standards established by the American Institute of Certified Public Accountants and signed
by a certified public accountant. A tax return or tax schedule shall not be acceptable. If you
are so requested, you must submit same within five (5) days of such request.
16.
Name of Accountant__________________________________________________________
Address of Accountant ___________________________________________________________
17.
Credit Line Available for this Contract $ _________________________________________
Name of Institution providing such credit____________________________________________
Contact person at such institution to verify such amount of credit_________________________
18.
Has the Contractor, or any principal, officer or director of the Contractor ever
refused to sign a contract after submitting a bid and award issued? ________________. If the
answer is in the affirmative, please provide detailed explanation.
________________________________________________________________
________________________________________________________________
________________________________________________________________
19.
Has the Contractor, principal, or any director, shareholder or partner ever been
declared in default on any contract? _______
If the answer to this question is in the affirmative, please provide a detailed explanation for
such action.
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
________________________
20.
Provide a list of any major equipment proposed to be used on this project.
Condition
Owned
No.
Description
Capacity
and Age
Purchased New
or Leased
_____ _____________ __________ __________ ________________ _________________
_____ _____________ __________ __________ ________________ _________________
_____ _____________ __________ __________ ________________ _________________
_____ _____________ __________ __________ ________________ _________________
(Use blank sheet(s) if additional space is needed.)
Borough of Sayreville
Traffic Signal Repairs and Electrical Services
67
Undersigned certifies that the foregoing statements made by him are true and accurate and
if any of the foregoing statements made by him are willfully false, that he is subject to
punishment.
________________________________
(general partner, if partnership, or by officer, if corporation)
Title_________________________
_________________________________
Sworn to and subscribed
before me this ____ day
of_______________, 20__
____________________________
Notary Public of the
State of New Jersey
Borough of Sayreville
Traffic Signal Repairs and Electrical Services
68
EXHIBIT O
FORM OF CERTIFICATE OF OWNERSHIP
List of All Equipment Proposed for Project Owned or Leased:
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
If any of the equipment is leased, bidder must attach to this form documentation
from the actual owner evidencing that the owner has agreed to allow the bidder to use this
equipment in connection with this project.
Undersigned certifies that the foregoing statements made by him are true and
accurate and if any of the foregoing statements made by him are willfully false, that he is
subject to punishment.
Signature: ________________________________
(general partner, if partnership, or by officer, if corporation)
Title: ________________________________
Borough of Sayreville
Traffic Signal Repairs and Electrical Services
69
EXHIBIT P
CERTIFICATION OF SHAREHOLDERS, MEMBERS, OFFICERS OR PARTNERS
ALL CORPORATE, LIMITED LIABILITY COMPANY OR PARTNERSHIP BIDDERS MUST
COMPLETE THIS FORM IN ACCORDANCE WITH N.J.S.A. 52:25-24.2
List all shareholders, members or partners with ten percent (10%) or more of the stock or
interest in said corporation, limited liability company or partnership (all corporate
partners or shareholders or members owning ten percent (10%) or more of the stock must
disclose their holdings):
INTEREST HOLDER
_____________________________
_____________________________
_____________________________
_____________________________
% INTEREST
____________________
____________________
____________________
____________________
ADDRESS
_______________________
_______________________
_______________________
_______________________
_________
Please check here if no stockholder, member or partner owns ten percent
(10%) more of the stock or interest in the corporation or partnership.
List all directors and officers of corporation or limited liability company:
NAME
ADDRESS
TITLE (List all positions held)
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
I hereby certify that the information given above is true and correct as of ___________________
(Date of Bid)
I am aware that if any of the foregoing statements made by me above are willfully false, I
am subject to punishment.
_______________________________________________
(Partner, Managing Member or Corporate Officer to sign)
_______________________________________________
(Title)
NOTICE: If any questions concerning this form or its completion, refer to N.J.S.A.
52:25-24.2.
*
If the shareholder, member or partner is a corporation, limited liability company or other
non-individual, then any person who owns ten percent (10%) or more of the shareholder, member or partner
must be listed. The disclosure must be continued until names and addresses of every non-corporate
stockholder, member and individual partner, owning ten percent (10%) or more has been listed.
Borough of Sayreville
Traffic Signal Repairs and Electrical Services
70
EXHIBIT Q
FORM OF NOTICE OF AWARD
TO:
RE:
_______________________
_______________________
_______________________
_______________________
_______________________
The Borough of Sayreville (“Borough”) has considered the bid and Contract
Documents submitted by ___________________ for the above-described Contract in response to
the Borough’s advertisement for bids, which bids were received on _________________, 20__.
You are hereby notified that your bid has been accepted as follows:
You are required by the Contract Documents to execute and return the Contract to
the Secretary-Treasurer of the Borough, along with the required Performance Bond(s) or
other approved security, Certificate(s) of Insurance, no later than ten (10) calendar days
from the date you receive this Notice of Award.
If you fail to execute and furnish to the Borough the Contract and said Bond(s) and
Insurance Certificate(s) within ten (10) days from the date you receive this Notice of
Award, the Borough shall be entitled to consider all your rights arising out of the Borough's
acceptance of your bid as abandoned and as a forfeiture of your bid bond or other bid
security. The Borough shall be entitled to assert such other rights as may be granted by
law, equity and/or pursuant to the bid documents.
You are required to return an acknowledged copy of this Notice of Award to the
Borough.
Dated this ________ day of __________________ 20__.
ATTEST:
Borough of Sayreville
_________________________________
By: __________________________
Theresa A. Farbaniec, R.M.C.
Municipal Clerk
Kennedy O’Brien, Mayor
or other authorized signatory
ACKNOWLEDGEMENT OF RECEIPT
Receipt of the above Notice of Award is hereby acknowledged by _______________________
(print name)
on the ________ day of _____________ 20__.
By: _____________________________
(signature)
Title: ___________________________
Borough of Sayreville
Traffic Signal Repairs and Electrical Services
71
Borough of Sayreville
Traffic Signal Repairs and Electrical Services
72