TITLE: DESIGN AND CONSTRUCTION OF A 300 KW GROUND SOLAR #12 PARK LAKE DRIVE IN SPARTA, NEW JERSEY CONTROL NO

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1 TITLE: DESIGN AND CONSTRUCTION OF A 300 KW GROUND SOLAR #12 PARK LAKE DRIVE IN SPARTA, NEW JERSEY CONTROL NO.

2 Township of Sparta 65 Main Street Sparta, New Jersey Phone: (973) NOTICE TO BIDDER NOTICE IS HEREBY GIVEN that sealed bids will be received by the Township Manager of the Township of Sparta, Sussex County, New Jersey on behalf of the Township of Sparta at the Sparta Municipal Building on MARCH 16, at 10:00 AM prevailing time, for the following: DESIGN AND CONSTRUCTION OF A 300 kw GROUND SOLAR #12 PARK LAKE DRIVE IN SPARTA, NEW JERSEY Bids will be opened and publicly read at this time. A contract(s) will be awarded to the responsive, responsible bidder(s) submitting the lowest bid. Plans and Specifications are available upon request for a non-refundable charge of $20.00 and may be obtained by any interested bidder at the Sparta Municipal Building at the Office of the Township Clerk during normal business hours. Bids must be submitted in standard proposal form and must be enclosed in a sealed envelope bearing the name and address of the bidder on the outside, addressed to the Township Manager, Township of Sparta, and be accompanied by a Bid Bond, Certified Check, or Cashier s Check made payable, without condition, to the Township of Sparta in an amount not less than ten percent (10%) of the amount of the bid, not to exceed $20, The Township will not be responsible for late mail deliveries and no bids will be accepted after the time stipulated in the NOTICE TO BIDDER. The Township of Sparta reserves the right to award a contract in its sole discretion and further reserves the right to reject any and all bids, waive irregularities, and to decide as to the responsibility of the bidders. Bidders are required to comply with the requirements of P.L. 1975, c 127 (NJAC 17:27), the law against discrimination (Affirmative Action). These bids and/or proposals are being solicited through a Fair an Open process in accordance with N.J.S.A. 19:44A-20.4 et seq. David R. Troast Township Manager 65 Main Street Sparta, NJ 07871

3 BID DOCUMENT SUBMISSION CHECKLIST TOWNSHIP OF SPARTA Design and Construction of a 300kW (DC) Ground Solar #12 Park Lake Drive in Sparta, New Jersey CN # (Project Name) (Project Or Bid Number) A. Failure to submit the following documents is a mandatory cause for the bid to be rejected. (N.J.S.A. 40A: ) Required With Submission of Bid (Owner s Checkmarks) A bid guarantee as required by N.J.S.A. 40A: A certificate from a surety company, pursuant to N.J.S.A. 40A: A statement of corporate ownership, pursuant to N.J.S.A. 52: A listing of subcontractors as required by N.J.S.A. 40A: Initial Each Item Submitted With Bid (Bidder s Initials) If applicable, bidder s acknowledgment of receipt of any notice(s) or revisions(s) or addenda to an advertisement, specifications or bid document(s) A copy of the contractor s Business Registration Certificate issued by the Division of Taxation of the State of New Jersey. Township of Sparta, 65 Main Street, Sparta, NJ B. Failure to submit the following documents may be cause for the bid to be rejected. (N.J.S.A. 40A: ) Required With Submission of Bid (Owner s Checkmarks) Initial Each Item Submitted With Bid (Bidder s Initials) A Certified Financial Statement prepared within the last twelve months Consent as Surety as to a Labor and Material Payment Bond Statement of compliance with N.J.S.A. 45:14C-2(h) (licensed master plumber) Submittal of Public Works Contractor Registration Act Required With Submission of Bid (Owner s Checkmarks) Initial Each Item Submitted With Bid (Bidder s Initials) Content of surety as to maintenance bond as required by N.J.S.A. 40A: b Submission of a Non-Collusion Affidavit (this form must be Notarized) Certification of Bidder showing that Bidder owns, leases or controls any necessary equipment C. SIGNATURE: The undersigned hereby acknowledges and has submitted the above listed requirements. Name of Bidder: Signature: Print Name and Title: Date: BD - 1

4 I. SUBMISSION OF BIDS INSTRUCTIONS TO BIDDERS A. TOWNSHIP OF SPARTA, Sussex County, New Jersey (hereinafter referred to as OWNER ) invites sealed bids pursuant to the Notice to Bidders. B. Sealed bids will be received by the designated representative at the time and place stated in the Notice to Bidders and at such time and place will be publicly opened and read aloud. C. The bid proposal form shall be submitted in a sealed envelope: (1) addressed to the OWNER, (2) bearing the name and address of the bidder written on the face of the envelope, and (3) clearly marked BID with the contract title and/or bid # being bid. D. It is the Bidder s responsibility to see that bids are presented to the OWNER on the hour and at the place designated. Bids may be hand delivered or mailed; however, the OWNER disclaims any responsibility for bids forwarded by regular or overnight mail. If the bid is sent by overnight mail, the designation in section C, above, must also appear on the outside of the delivery company envelope. Bids received after the designated time and date will be returned unopened. E. Sealed bids forwarded to the OWNER before the time of opening of bids may be withdrawn upon written application of the Bidder who shall be required to produce evidence showing that the individual is or represents the principal or principals involved in the bid. Once bids have been opened, they must remain firm for a period of sixty (60) calendar days. F. All prices and amounts must be written in ink or preferably typewritten. Bids containing any conditions, omissions, unexplained erasures or alterations, items not called for in the bid proposal form, attachment of additive information not required by the Specifications or irregularities of any kind may be rejected by the OWNER. Any changes, whiteouts, strikeouts, etc. on the proposal page must be initialed in ink by the person responsible for signing the bid. G. Each bid proposal form must give the full business address of the Bidder and be signed by an authorized representative. Bids by partnerships must furnish the full name of all partners and must be signed in the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and designation of the person signing. Bids by corporations must be signed in the legal name of the corporation, followed by the name of the state in which incorporated and must contain the signature and designation of the President, Secretary or other person authorized to bind the corporation in the matter. When requested, satisfactory evidence of the authority of the officer signing shall be furnished. H. Bidders must insert prices for furnishing all of the materials and/or labor required by these specifications. Prices shall be net, including any charges for packing, crating, containers, etc. All transportation charges shall be fully prepaid by the contractor F.O.B. destination and placement at locations specified by the OWNER. As specified, placement may require inside deliveries. No additional charges will be allowed for any transportation costs resulting from partial shipments made at the contractor s convenience. I. The vendor shall guarantee any or all materials and services supplied under these specifications. Defective or inferior items shall be replaced at the expense of the vendor. In case of rejected materials, the vendor will be responsible for return freight charges. J. Bidder should be aware of the following statutes that represent Truth in Contraction laws: N.J.S.A. 2C:21-34, et seq. governs false claims and representations by bidders. It is a serious crime for the bidder to knowingly submit a false claim and/or knowingly make material misrepresentation. Township of Sparta, 65 Main Street, Sparta, NJ IB - 1

5 II. N.J.S.A. 2C:27-10 provides that a person commits a crime if said person offers a benefit to a public servant for an official act performed or to be performed by a public servant, which is a violation of official duty. N.J.S.A. 2C:27-11 provides that a bidder commits a crime if said person, directly or indirectly, confers, or agrees to confer any benefit not allowed by law to a public servant. Bidder should consult the statutes of legal counsel for further information. BID SECURITY The following provisions, if indicated by a, shall be applicable to this bid and be made a part of the bidding documents: A. BID GUARANTEE Bidder shall submit with the bid a Certified Check, Cashier s Check, or Bid Bond in the amount of ten percent (10%) of the total price bid, but not in excess of $20,000, payable unconditionally to the OWNER. When submitting a Bid Bond, it shall contain Power of Attorney for full amount of Bid Bond from a Surety Company authorized to do business in the State of New Jersey and acceptable to the OWNER. The check or bond of the unsuccessful Bidder(s) shall be returned as prescribed by law. The check or bond of the Bidder to whom the contract is awarded shall be retained until a contract is executed and the required Performance Bond or other security is submitted. The check or bond of the successful Bidder shall be forfeited if the Bidder fails to enter into a contract pursuant to N.J.S.A. 40A: Township of Sparta, 65 Main Street, Sparta, NJ Failure to submit this shall be cause for rejection of the bid. B. CONSENT OF SURETY Bidder shall submit with the bid a Certificate (Consent of Surety) with Power of Attorney for full amount of bid price from a Surety Company authorized to do business in the state of New Jersey and acceptable to the OWNER stating that it will provide said Bidder with a Performance Bond in the full amount of the bid. This certificate shall be obtained in order to confirm that the Bidder to whom the contract is awarded will furnish Performance and Payment Bonds from an acceptable Surety company on behalf of said Bidder, any or all Sub-Contractors, or by each respective subcontractor, or by any combination thereof which results in performance security equal to the total amount of the contract, pursuant to N.J.S.A., 40A: Failure to submit this shall be cause for rejection of the bid. C. PERFORMANCE BOND Successful Bidder shall simultaneously, with the delivery of the executed contract, submit an executed bond in the amount of one hundred percent (100%) of the acceptable bid security for the faithful performance of this contract. The performance bond provided shall not be released until final acceptance of the whole work and then only if any liens or claims have been satisfied. The surety on such bond or bonds shall be a duly authorized surety company authorized to do business in the State of New Jersey pursuant to N.J.S.A. 17:31-5. Failure to deliver this with the executed contract shall be cause for declaring the contract null and void pursuant to N.J.S.A. 40A: IB - 2

6 D. LABOR AND MATERIAL (PAYMENT) BOND Successful Bidder shall with the delivery of the Performance Bond submit an executed Payment Bond to guarantee payment to laborers and suppliers for the labor and material used in the work performed under the contract. Failure to deliver this with the Performance Bond shall be cause for declaring the contract null and void. E. MAINTENANCE BOND Successful Bidder shall, upon acceptance of the work, submit a Maintenance Bond in the amount of 100% guaranteeing against defective quality of work or materials for the period of: One (1) Year Township of Sparta, 65 Main Street, Sparta, NJ Two (2) Years The Performance Bond provided shall not be released until final acceptance of the whole work and then only if any liens or claims have been satisfied and any Maintenance Bonds required have been executed and approved by the OWNER. The surety of such boind or bonds shall be a duly authorized Surety Company authorized to do business in the State of New Jersey pursuant to N.S.A. 17:31-5. III. INTERPRETATION AND ADDENDA A. The Bidder understands and agrees that its bid is submitted on the basis of the specifications prepared by the OWNER. The Bidder accepts the obligation to become familiar with these specifications. B. Bidders are expected to examine the specifications and related documents with care and observe all their requirements. Ambiguities, errors or omissions noted by Bidders should be promptly reported in writing to the appropriate official. Any prospective bidder who wishes to challenge a bid specification shall file such challenges in writing with the contracting agent no less than three business days prior to the opening of the bids. Challenges filed after that time shall be considered void and having no impact on the contracting unit or the award of a contract pursuant to N.J.S.A. 40A: In the event the Bidder fails to notify the OWNER of such ambiguities, errors, or omissions, the Bidder shall be bound by the Bid. C. No oral interpretation of the meaning of the specifications will be made to any Bidder. Every request for an interpretation shall be in writing, addressed to the OWNER S representative stipulated in the Bid. In order to be given consideration, written requests for interpretation must be received at least seven (7) days prior to the date fixed for the opening of the Bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications, and will be distributed to all prospective Bidders, in accordance with N.J.S.A. 40A: All addenda so issued shall become part of the contract documents and shall be acknowledged by the bidder in the bid. The OWNER S interpretations or corrections thereof shall be final. D. Discrepancies in Bids: 1. If the amount shown in words and its equivalent in figures do not agree, the written words shall be binding. Ditto marks are not considered writing or printing and shall not be used. 2. In the event that there is a discrepancy between the unit prices and the extended totals, the unit price shall prevail. In the event that there is an error of IB - 3

7 IV. the summation of the extended totals, the computation by the OWNER of the extended totals shall govern. BRAND NAMES, PATENTS, & STANDARDS OF QUALITY A. Brand names and/or descriptions used in these specifications are to acquaint bidders with the types of goods and services desired and will be used as a standard by which goods and services offered, as equivalent will be evaluated. B. Variations between the goods and services described and the goods and services offered are to be fully identified and described by the bidder on a separate sheet and submitted with the bid proposal form. Vendor literature WILL NOT suffice in explaining exceptions to these specifications. In the absence of any exceptions by the bidder, it will be presumed and required that the goods and services as described in the bid specification be provided or performed. C. It is the responsibility of the bidder to document and/or demonstrate the equivalency of the goods and services offered. The owner reserves the right to evaluate the equivalency of the goods and services. D. In submitting its bid, the bidder certifies that the goods and services to be furnished will not infringe upon any valid patent or trademark and that the successful bidder shall, at its own expense, defend any and all actions or suits charging such infringement, and will save the owner harmless from any damages resulting from such infringement. E. Only manufactured and farm products of the United States, wherever available, shall be used pursuant to N.J.S.A. 40A: F. The contractor shall guarantee any or all goods and services supplied under these specifications. Defective or inferior goods shall be replaced at the expense of the contractor. The contractor will be responsible for return freight or restocking charges. Township of Sparta, 65 Main Street, Sparta, NJ V. GUARANTEE The Bidder guarantees that the item(s) bid is of good quality and complies in all respects with the standards regularly sold by the manufacturer. All items shall be guaranteed for one year after date of delivery and acceptance or if the manufacturer prescribes a guarantee of greater duration, the latter time period of the guarantee will control. VI. PROTECTION OF WORK AND PROPERTY The successful Bidder shall continuously maintain insurance or other security for adequate protection for all his work from damage and shall protect the owner s property from damage, injury, or loss arising in connection with the Contract. The bidder shall make good any such damage, injury, or loss. The successful Bidder shall take all necessary precautions for the safety of employees on the work site and shall comply with all applicable provisions of federal, state, and municipal safety laws and building codes to prevent accident or injury to persons on, or adjacent to, the premises where the work is being performed. The Bidder shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards and protection of the workmen and the public. VII. INSURANCE AND INDEMNIFICATION A. Insurance Requirements 1. Worker s Compensation and Employer s Liability Insurance IB - 4

8 This insurance shall be maintained in force during the life of this contract, covering all employees engaged in performance of this contract in accordance with the applicable statute. Minimum Employer s Liability $ Unlimited. 2. General Liability Insurance This insurance shall have limits of not less than $500, for any one person and $1,000, for any one accident for bodily injury and $1,000, aggregate for property damage and shall be maintained in force during the life of this contract. 3. Automobile Liability Insurance Automotive liability insurance covering contractor for claims arising from owned, hired, and non-owned vehicles with limits of not less that $1,000, any one person and $1,000, any one accident for bodily injury and $1,000, each accident for property damage and shall be maintained in force during the life of the contract. Township of Sparta, 65 Main Street, Sparta, NJ B. Certificates of the Required Insurance Certificates as listed above shall be submitted along with the contract as evidence covering Comprehensive General Liability, Comprehensive Automobile Liability and, where applicable, necessary Worker s Compensation and Employer s Liability Insurance. Such coverage shall be with acceptable insurance companies operating on an admitted basis in the State of New Jersey and shall name the OWNER as an additional insured. C. Indemnification Successful Bidder will indemnify and hold harmless the OWNER from all claims, suits, or actions and damages or costs of every name and description to which the OWNER may be subjected or put by reason of injury to the person or property of another, or the property of the OWNER, resulting from negligent acts or omissions on the part of the Bidder, the Bidder s agents, servants, or Subcontractors in the delivery of materials and supplies, or in the performance of the work under this agreement. VIII. LIQUIDATED DAMAGES (if applicable) The Contractor and the OWNER recognize that delay in completion results in damage to the OWNER in terms of the effect of the delay on the use of the Project, upon the public convenience, and also results in additional cost to the OWNER for engineering, inspections, and administration of the Contract. Because this damage is difficult or impossible to estimate, the parties agree that if the Contractor fails to complete the contract within the time stated, or within such further time as may have been granted in accordance with the provisions of the contract, the Contractor shall pay the OWNER liquidated damages in accordance with the following schedule in lieu of the above stated actual damage. Such liquidated damages shall be paid for each and every day, as hereinafter defined that the Contractor is in default on time to complete the contract. SCHEDULE OF LIQUIDATED DAMAGES FOR EACH DAY OF OVERRUN IN CONTRACT TIME Original Contract Amount Liquidated Damages From More than To And Including Calendar Day $0.00 $25, $ , , , , , , IB - 5

9 IX. 500, ,000, ,000, ,000, ,000, ,000, ,000, ,000, ,000, XXXXXXXXX The days in default mentioned above are the number of calendar days in default when the time of completion is specified on the basis of calendar days or a specified completion date and are the number of calendar days in default. The OWNER will recover damages by deducting the amount thereof from any monies due or that may become due the Contractor or from the Contractor or his surety. PREPARATION OF BIDS Township of Sparta, 65 Main Street, Sparta, NJ A. The owner is exempt from any local, state, or federal sales, use or excise tax. Federal Tax Exempt ID # , Exemption Certificate(s) are on file wit the Director of Finance. B. Estimated Quantities (Open-End Contracts): The owner has attempted to identify the item(s) and the estimated amounts of each item bid to cover its requirements; however, past experience shows that the amount ordered may be different than that submitted for bidding. The right is reserved to decrease or increase the quantities specified in the specifications pursuant to N.J.A.C. 5: NO MINIMUM PURCHASE IS IMPLIED OR GUARANTEED. C. Successful Bidder shall be responsible for obtaining any applicable permits or licenses from any government entity that has jurisdiction to require the same. All bids submitted shall have included this cost. X. STATUTORY AND OTHER REQUIREMENTS A. Mandatory Affirmative Action Certification No firm may be issued a contract unless it complies with the Affirmative Action Regulations of N.J.S.A. 10:5-31 et seq. (P.L. 1975, c. 127). The following information summarizes the full, required regulatory text, which is included as Exhibit A of this bid specification. 1. Procurment, Professional, and Service Contracts All successful vendors must submit, within seven days after receipt of notice of intent to award the contract or the receipt of the contract, one of the following: i A photocopy of a valid letter that the contractor is operating under an existing Federally approved or sanctioned affirmative action program (good for one year from the date of the letter); or ii A photocopy of an approved Certificate of Employee Information Report approval, issued in accordance with N.J.A.C. 17:27-4; or iii If the vendor has none of the above, the public agency is required to provide the vendor with an initial Affirmative Action Employee Information Report (AA-302) 2. Construction Contracts All successful Contractors must submit within three (3) days of the signing of the contract an Initial Project Manning Report (AA201 available upon request from IB - 6

10 the State s Affirmative Action Office) for any contract award that meets or exceeds the bidding threshold. B. Americans with Disabilities Act of 1990 Discrimination on the basis of disability in contracting for the purchase of bids and services is prohibited. The successful Bidder is required to read American with Disabilities language that is part of this specification and agrees that the provisions of Title II of the Act are made a part of the contract. The successful Bidder is obligated to comply with the Act and to hold the OWNER harmless. C. Prevailing Wage Act (When Applicable) Pursuant to N.J.S.A. 34: et seq., successful Bidders on projects for public work shall adhere to all requirements of the New Jersey Prevailing Wage Act. The Contractor shall be required to submit a certified payroll record to the OWNER within ten (10) days of the payment of the wages. The Contractor is also responsible for obtaining and submitting all Subcontractors certified payroll records within the aforementioned time period. The Contractor shall submit said certified payrolls in the form set forth in N.J.A.C. 12:60-6.1C. It will be the Contractor s responsibility to obtain any additional copies of the certified payroll form to be submitted by contacting the Office of Administrative Law, CN 049, Trenton, New Jersey or the New Jersey Department of Labor, Division of Workplace Standards. Township of Sparta, 65 Main Street, Sparta, NJ D. Stockholder Disclosure Chapter 33 of the Public Laws of 1977 provides that no corporation or partnership shall be awarded any contract for the performance of any work or the furnishing of any materials or supplies, unless, prior to the receipt of the bid or accompanying the bid of said corporation or partnership, there is submitted a statement setting forth the names and addresses of all stockholders in the corporation or partnership who own ten percent (10%) or more of its stock of any class or of all individual partners in the partnership who own a ten per cent (10%) or greater interest therein. A Form of Statement shall be completed and attached to the bid proposal. E. The New Jersey Worker and Community Right to Know Act 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 and the chemical name. The manufacturer and supplier must properly label each container. Further, all applicable Material Safety Data Sheets (MSDS) hazardous substance fact sheet must be furnished. F. Non-Collusion Affidavit The Non-Collusion Affidavit, which is part of these specifications, shall be properly executed and submitted with the bid proposal. G. The Public Works Contractor Registration Act (When Applicable) Pursuant to N.J.S.A. 34: , successful Bidder(s) on projects for public work shall adhere to requirements of New Jersey s The Public Works Contractor Registration Act. The Bidder MUST, at the time of receipt of this Proposal by the governing body, includes evidence of contractor registration. Registration shall be in the format prescribed by the State of New Jersey. H. New Jersey Business Registration Requirements The Contractor shall provide written notice to its subcontractors of the responsibility to submit proof of business registration to the contractor. IB - 7

11 Before final payment of the contract is made by the contracting agency, the contractor shall submit an accurate list an accurate list and the proof of business registration of each subcontractor or supplier used in the fulfillment of the contract, or shall attest that no subcontractors were used. For the term of the contract, the contractor and each of its affiliates and subcontractor and each of its affiliates (N.J.S.A. 52:32-44(g)(3)) shall collect and remit to the Director, Nee Jersey Division of Taxation, the use tax due pursuant to the Sales and Use Tax Act on all sales of tangible personal property delivered in to the State, regardless of whether the tangible personal property is intended for a contract with a contraction agency. A business organization that fails to provide a copy of a business registration as required pursuant to section 1 of P.L.2001, c.134 (C52:32-44 et al.) or subsection e. or f. of section of section 92 of P.L.1977, c.110 (C.5:12-92), or that provides false business registration information under the requirements of either of those sections, shall be liable for a penalty of $25 for each day of violation, not to exceed $50,000 for each business registration copy not property provided under a contract with a contraction agency. New Jersey Workers and Community Right To Know Act Township of Sparta, 65 Main Street, Sparta, NJ I. Legal Compliance It is agreed and understood that any Contracts and/or orders placed as a result of this Proposal shall be governed and constructed and the obligations of the parties hereto shall be determined in accordance and compliance with all Local, State, and Federal Laws, Rules and Regulations. Persons or firms submitting bids must be a prime Contractor engaged in the lines of work required in these specifications or shall be able to refer to work of a similar nature performed by them. Corporations submitting Proposals shall be authorized to do business in the State of New Jersey. Before this work is awarded, the Bidder will be required to satisfy the OWNER that the Contractor has, or will promptly provide, suitable and proper employees and all needful tools, equipment, and material for each of the different kinds of work the Contractor proposes to do or is able to supply materials and equipment as detailed. Upon request, Bidders shall immediately file current financial and experience statements with the OWNER. These statements shall be attested to by a Notary Public of the State of New Jersey and must be satisfactory to the OWNER. In addition to the financial qualifications, the Bidder may be required to prove to the satisfaction of the OWNER that he has successfully completed a contract for similar work in an amount of not less than 50 per cent (50%) of the amount of the proposed Contract. If requested, such proof shall be furnished with the financial statement. The above qualifications will be used by the OWNER in determining the reliability and reputability of the bidder. They may be modified when, in the interests of the OWNER, reliability and reputability can be better determined. The OWNER shall be the judge of the merits of the qualifications submitted and make such investigations of same as are deemed proper. J. Pay To Play Starting in January, 2007, business entities are advised of their responsibility to file an annual disclosure statement of political contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A. 19:44A if they receive contracts in excess of $50,000 from public entities in a calendar year. IB - 8

12 XI. Business entities are responsible for determining if filing is necessary. Additional information on this requirement is available from ELEC at or at METHODS OF AWARD K. All contracts shall be for twelve (12) consecutive months unless otherwise noted in technical or supplemental specifications. L. The OWNER may award the work on the basis of the Base Bid, combined with such alternates as selected, until a net amount is reached which is within the funds available. M. If the award is to be made on the basis of Base Bids only, it will be made to that responsible Bidder whose Base Bid, therefore, is the lowest. If the award is to be made on the basis of a combination of a Base Bid with Options, it will be made to that responsible Bidder whose net bid on such combination is the lowest. N. The OWNER may also elect to award the work on the basis of line items or unit prices, whichever results in the lowest total amount. O. The successful Bidder will not assign any interest in this contract and shall not transfer any interest in the same without the prior written consent of the OWNER. P. Tie bids shall be resolved at the sole discretion and in the best interest of the OWNER after consideration of the following factors: - Location of contractor s offices, plant and/or warehouse. - Quality and reputation of manufacturer s products and/or services. - Availability of sales or technical representatives for product and/or service support. Township of Sparta, 65 Main Street, Sparta, NJ XII. XIII. TIME FOR EXECUTING CONTRACT The successful Bidder shall enter into the Formal Contract, to be prepared by the OWNER pursuant to the terms of the Contractor s Bid and these conditions, within ten (10) days following the Notice of Acceptance by the OWNER and presentation of Contract documents. Upon failure of the successful Bidder to execute a Contract within the time stated, the OWNER may then accept the Bid of the second lowest bidder on these conditions and hold the first bidder liable for any extra costs incurred by the OWNER over the amount of his Bid. REJECTION OF BIDS A. Availability of Funds Pursuant to statutory requirements, any contract resulting from this bid shall be subject to the availability and appropriation of sufficient funds annually. B. Multiple Bids Not Allowed More than one bid from an individual, firm or partnership, corporation or association under the same or different names shall not be considered. C. Unbalanced Bids Bids, which are obviously unbalanced, may be rejected. D. Unsatisfactory Past Performance IB - 9

13 XIV. Bids received from Bidders who have previously failed to complete contracts within the time scheduled or who have performed prior work for the OWNER in an unacceptable manner, may be rejected. E. Failure to Enter Contract Should the Bidder to whom the contract is awarded fail to enter into a contract within 21 days, Sundays and holidays excepted, the OWNER may then, at its option, accept the bid of the next lowest responsible Bidder. TERMINATION OF CONTRACT A. If, through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations under the contract or if the contractor shall violate any of the requirements of the contract, the owner shall there upon have the right to terminate the contract by giving written notice to the contractor of such termination and specifying the effective date of termination. Such termination shall relieve the owner of any obligation for balances to the contractor of any sum or sums set forth in the contract. Owner will pay only for goods and services accepted prior to termination. B. Notwithstanding the above, the contractor shall not be relieved of liability to the owner for damages sustained by the owner by virtue of any breach of the contract by the contractor and the owner may withhold any payments to the contractor for the purpose of compensation until such time as the exact amount of the damage due the owner from the contractor is determined. C. The contractor agrees to indemnify and hold the owner harmless from any liability to subcontractors/suppliers concerning payment for work performed or goods supplied arising out of the lawful termination of the contract by the owner under this provision. D. In case of default by the contractor, the owner may procure the goods or services from other sources and hold the contractor responsible for any excess cost. E. Continuation of the terms of the contract beyond the fiscal year is contingent on availability of funds in the following year's budget. In the event of unavailability of such funds, the owner reserves the right to cancel the contract. F. The OWNER reserves the right to terminate any contract entered into as a result of this bid provided written notice has been given by the Township Manager to the Contractor at least thirty (30) calendar days prior to such proposed termination date. Township of Sparta, 65 Main Street, Sparta, NJ XV. TRANSFER OF BUSINESS It is understood by all parties that if, during the life of the contract, the Contractor disposes of his business by sale, transfer, or by any means to another party, all obligations are transferred to such purchaser. In that event, the new owner(s) will be required to submit a Performance Bond in the amount of the open balance of the contract. XVI. SUB-CONTRACTING OR ASSIGNMENT A. The contract may not be sub-contracted or assigned by the Contractor, in whole or in part, without the prior written consent of the Township Manager B. In the event that the Bidder proposed to sub-contract for the services to be performed, under the terms of the contract award, he shall state so in his bid and attach for approval a list of said Sub-contractors and an itemization of the services to be supplied by them pursuant to N.J.S.A. 40A: C. Nothing contained in the specifications shall be construed as creating any contractual relationship between any Sub-Contractor and the OWNER. It shall also be understood IB - 10

14 that the specifications are not intended to control the Contractor in dividing the services among Sub-Contractors. D. The Contractor shall be as fully responsible to the OWNER for the acts and omissions of Sub-Contractors, and of any persons employed by them, as he is for the acts and omissions of persons directly employed by him. E. The Contractor shall be responsible for the coordination of all activities of Subcontractors. F. The OWNER shall not undertake to settle any differences between the Contractor and his Sub-Contractors or between Contractors. G. The Contractor shall cause appropriate provisions to be inserted in all sub-contracts to bind Sub-Contractors to the Contractor by the terms of the Contract, insofar as applicable, and to give the Contractor the same power of terminating any sub-contract that the OWNER may exercise over the Contractor under any provisions of the Contract. H. In the event that the Contractor proposes to request approval of out-of-state Sub- Contractors, he must attach a statement to his bid to the effect that exhaustive effort was made to use New Jersey firms. I. It shall be further understood that the approval by the OWNER of a Sub-Contractor does not relieve the Contractor of the responsibility of complying with the specifications. Township of Sparta, 65 Main Street, Sparta, NJ IB - 11

15 1). DEFINITIONS: INSTRUCTIONS TO BIDDERS GENERAL SUPPLEMENT (Public Works Contracts) A. The Contract documents consist of, but are not limited to, the Agreement, the General Conditions of the Contract, the Drawings and Specifications, and the Addenda, including all modifications thereof incorporated in the document before their execution. Whenever the word Contract is used herein it means all of the above documents or such part of them as are clearly indicated. B. Whenever the word Owner is used herein, it means the Township of Sparta. C. Whenever the word Contractor or Prime Contractor is used herein it means the firm person or persons to do all work contracted for under the Contract. D. Whenever the word Engineer and/or Project Manager is used herein, it means the Engineer and/or Project Manager engaged by the Township of Sparta and duly acting as the duly authorized representative of the Township of Sparta. E. The term Sub-Contractor as employed herein includes only one having a direct contract with the Contractor and includes one who furnished labor or material worked to a special design according to the drawings or specifications of this work but does not include one who merely furnished material not so worked. F. All of the above are treated throughout the Contract as if each were the singular number and of masculine gender. G. When the term acceptable or approved is used herein, it means that the material or work shall be acceptable to or approved by the Engineer and/or Project Manager. H. The term work of the Contractor or Sub-Contractor as used herein includes labor, materials, or both. I. Written notice shall be deemed to have been duly served in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended to or sent by registered mail to the last business address known to him who gives the notice. J. Public work means construction, reconstruction, demolition, alteration or repair work, or maintenance work, including painting and decorating, done under contract and paid for in whole in part out of funds of a public body, except work performed under a rehabilitation program. K. Maintenance work means the repair of existing facilities when the size, type, or extent of such facilities is not thereby changed or increased. 2). EXECUTION OF WORK: All work under this Contract shall be completed within 75 days form the Notice to Proceed. 3). EXECUTION, CORRELATION, AND INTENT OF DOCUMENTS: The Owner and the Contractor shall sign the Contract Documents in triplicate. In case the Owner and the Contractor fail to sign the General Conditions, Drawings, or Specifications, the Engineer and/or Project Manager shall identify them. The Contract Documents are complementary and what is called for by one shall be as binding as if called for by all. The intention of the documents is to include all labor and materials, equipment, and transportation necessary for the proper execution of the work. It is not intended, however, that materials or work not covered by or properly inferable from any headings, branch, class, or trade of the Specifications shall be supplied unless distinctly IBGS - 1

16 noted on the Drawings, Materials or work described in words that so applied have a wellknown technical or trade meaning shall be held to refer to such standards. 4). CONSTRUCTION SCHEDULE AND PERIODIC ESTIMATES: Immediately after execution of the Contract, and before the first partial payment is made, the Contractor shall deliver to the Engineer and/or Project Manager a construction progress schedule in a form satisfactory to the Engineer and/or Project Manager, showing the proposed dates of commencement and completion of the various sections of work and the anticipated amount of each monthly payment. No change can be made in the approved schedule except with the permission of the Engineer and/or Project Manager. The Contractor shall also furnish to the Engineer and/or Project Manager (a) a detailed estimate giving a complete breakdown of the contract price in case of lump sum bids and (b) periodical itemized estimates of work done for the purpose of making partial payment thereon. The values employed in making up any of these schedules will be used only for determining the basis of partial payments and will not be considered as fixing a basis for additions or deductions from the Contract price. 5). DELAYS AND EXTENSION OF TIME: If the Contractor is delayed at any time in the progress of the work by any act or neglect of the Owner, or of his employees, or by any other Contractor employed by the Owner, or by changes ordered in the work, or by strikes, lockouts, fire, unusual delay in transportation, unavoidable casualties, or any causes beyond the Contractor s control, or by delay authorized by the Engineer and/or Project Manager pending arbitration, or by any cause which the Engineer and/or Project Manager shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the Engineer and/or Project Manager may decide. No such extension shall be made for delay occurring more than seven days before claim is made in writing to the Engineer and/or Project Manager. In the case of a continuing cause of delay, only one claim is necessary. If no schedule or agreement stating the dates upon which drawings shall be furnished is made then no claim for delay shall be allowed on such drawings and not then unless such claim be reasonable. This article does not exclude the recovery of damages for delay by either party under other provisions in the Contract Documents. 6). DUTIES BY THE ENGINEER AND/OR PROJECT MANAGER AND/OR PROJECT MANAGER: The Engineer and/or Project Manager and/or Project Manager shall furnish all Drawings, Specifications, and Estimates of quantities. He shall set stakes for all lines and grades required for the proper extension of the work and completion thereof, as designated in the Specifications, or as may be required by the Owner. He shall decide all questions that may arise as to the quality and the acceptability of materials furnished and work performed. He shall furnish certificates of the quantity of work done before payment can be made, the quantities being determined by him. Should any differences arise between the contracting parties as to the meaning or intent of these Specifications his decision on these matters, when approved by the Owner, shall be final and conclusive between the contracting parties. 7). INSPECTION OF WORK: The Engineer and/or Project Manager and/or Project Manager and his representative(s) shall at all times have access to the work whenever it is in preparation or progress and the Contractor shall provide proper facilities for such access and for inspection. If the Specifications, the Engineer and/or Project Manager and/or Project Manager s instructions, laws, ordinances, or any public authority require any work to be specifically tested or approved, the Contractor shall give the Engineer and/or Project Manager and/or IBGS - 2

17 Project Manager timely notice of its readiness for inspection and, if the inspection is by another authority other then the Engineer and/or Project Manager and/or Project Manager, of the date fixed for such inspection. Inspections by the Engineer and/or Project Manager and/or Project Manager shall be promptly made and, where practicable, at the source of supply. If any work should be covered up without approval or consent of the Engineer and/or Project Manager and/or Project Manager, it must, if required by the Engineer and/or Project Manager and/or Project Manager, be uncovered for examination at the Contractor s expense. The Engineer and/or Project Manager and/or Project Manager may order re-examination of questioned work and, if so ordered, the Contractor must uncover the work. If such work were found in accordance with the Contract Documents, the Owner shall pay the cost of reexamination and replacement. If such work were found not in accordance with the Contract Documents, the Contractor shall pay such cost unless he shall show that another Contractor caused the defect in the work, and, in that event, the Owner shall pay such cost. 8). CONSTRUCTION SCHEDULE: The Contractor shall submit, at such times as may be required by the Engineer and/or Project Manager and/or Project Manager, schedules which shall show the order in which the Contractor will start the several parts of the work and estimated dates of completion of several parts. 9). LAYING OUT WORK: The locations, lines, and grades of the structures, and other appurtenances shown or specified shall be considered as approximate only. The actual locations, lines, and grades shall be as directed at the time of construction. Before construction, the Contractor shall consult the Engineer and/or Project Manager and/or Project Manager and ascertain the exact locations, lines, and grades required which the Engineer and/or Project Manager and/or Project Manager will stake out. 10). MATERIAL AND WORKMANSHIP: Unless otherwise specifically provided for in the Specifications, all equipment, materials, and articles incorporated in the work covered by this Contract are to be new and of the most suitable grade of their respective kinds for the purpose and all workmanship shall be firstclass. Where equipment, materials, or articles are referred to in the Specifications as equal to any particular standard, the Engineer and/or Project Manager and/or Project Manager shall decide upon the question of equality. The Contractor shall furnish to the Engineer and/or Project Manager and/or Project Manager, for his approval, the name of the mechanical machinery and other equipment that he intends to incorporate in the work along with their performance capacities and other pertinent information. When required by the Specifications or called for by the Engineer and/or Project Manager and/or Project Manager, the Contractor shall furnish to the Engineer and/or Project Manager and/or Project Manager, for his approval, full information concerning the materials or articles that he intends to incorporate in the work. Samples of materials shall be submitted for approval when so directed. Machinery, equipment, materials, and articles installed or used without such approval shall be at risk of subsequent rejection. The Engineer and/or Project Manager and/or Project Manager may, in writing, require the Contractor to remove from the work such employees as the Engineer and/or Project Manager and/or Project Manager deems incompetent, careless, insubordinate, or otherwise objectionable or whose continued employment on the work is deemed by the Engineer and/or Project Manager and/or Project Manager to be contrary to the public interest. 11). QUANTITIES APPROXIMATE AND SUBJECT TO CHANGE: The quantities of the work shown on the Contract plans and stated in the Proposal are only approximate and are given for the purpose of comparing bids. During the progress of the IBGS - 3

18 work the Owner may find it necessary to omit, as it sees fit, any portion of the work shown on the plans or it may also find it necessary to increase or decrease the quantities in accordance with the modifications provided in the foregoing section. Payment will be made for the actual quantity of work satisfactorily completed and accepted at the various unit prices bid. 12). CONTRACTOR TO PROVIDE FOR ALL WORK AND MATERIALS: These Specifications and accompanying Plans are intended to require and include all work and materials necessary or proper for the work intended for the Owner, for CN 11-XX Design and Construction of a PV Ground #12 Park Lake Road, as shown on the Plans or as specified herein. Any estimates of quantities as shown on the Plans or in the Specifications are in no way guaranteed to indicate the true quantities. In case, by inadvertence or otherwise, the Plans or Specifications do not indicate some work or material necessary for the project, the Contractor shall nevertheless be required to provide the same so that the work may be complete according to the true intent and purpose of the Plans and Specifications. 13). SUPERINTENDENCE BY CONTRACTOR: The Contractor shall give his personal superintendence to the work or have a competent Foreman or Superintendent, satisfactory to the Engineer and/or Project Manager and/or Project Manager, on the work at all times during the progress with authority to act for him. 14). TRAFFIC: The Contractor shall conduct his work with the least possible obstruction to traffic and shall provide temporary crossings, barricades, danger signals, warning signs, lights, and directors of traffic where required. In areas where trenches are soft, the Contractor shall post soft trench signs at one hundred (100) foot intervals on adequate four (4) foot high stakes. At least one lane shall be kept open for fire or other emergency apparatus at all times. 15). PROTECTION OF WORK AND PROPERTY: The Contractor shall continuously maintain adequate protection of all his work from damage and shall protect the Owner s property from injury or loss arising in connection with their contract. He shall make good any such damage injury or loss, except such as may be directly due to errors in the Contract Documents or caused by agents or employees of the Owner. He shall adequately protect adjacent property as provided by law and the Contract Documents. He shall provide and maintain all passageways, guard fences, lights, and other facilities for protection required by public authority or local conditions. In an emergency affecting the safety of life, of the work, or of adjoining property, the Contractor, without special instruction or authorization from the Engineer and/or Project Manager and/or Project Manager, is hereby permitted to act at his discretion to prevent such threatened loss or injury and he shall so act without appeal. Any compensation claimed by the Contractor on account of emergency work shall be determined by agreement or arbitration. 16). RESPONSIBILITY AND DAMAGE: The Contractor shall be responsible for all parts of his work, both temporary and permanent, until the Contract is accepted by the Owner and shall thoroughly protect all finished and unfinished work against damage from any cause. The use of part or all of the work by the Owner shall not relieve the Contractor of this responsibility. The Contractor shall be responsible for damage to life and property due to his operations and shall provide all necessary precautions such as barricades, warning signs, ventilation, etc. IBGS - 4