Site work, paving and renovation of a mixed-use development in Newark, New Jersey. Completed plans call for the renovation of a playground / park / athletic field; for site work for a playground / park / athletic field; for paving for a playground / park / athletic field; sidewalk / parking lot; and sidewalk / parking lot.

Respondents are required to comply with N.J.S.A. 10:5-31, et seq., P.L. 1975, c. 127, N.J.A.C. 17:27-1 et seq., and all other applicable laws, regulations, or ordinances concerning affirmative action goals and equal employment opportunity. The City of Newark reserves the right to reject any and all proposals in accordance with N.J.S.A. 40A:11-4, 40A:11-13.2 and 40A:11-23.2, and waive minor informalities not considered material defects under N.J.S.A. 40A:11-1, et seq. The City of Newark will conduct and broadcast the bid opening in real time at the Division of Central Purchasing. If there are any questions regarding the bid opening process, please contact the Division of Central Purchasing at 973-733-3776. Question Submission Deadline: December 6, 2023, 10:00am Questions must be submitted through the Electronically. Questions will not be accepted by any other means. Bid Security Requirements If the Business Administrator has authorized the Purchasing Agent, in writing, to eliminate or modify the Bonding requirements they are as follows: The Bid Bond (certified check/cashier's check), in the amount of 10% of the total bid not to exceed $20,000.00 is Required The Performance Bond isFor the Full Amount of the Bid All pertinent papers including a copy of Bid Bond or Certified Check (if not covered by an Annual Bid Bond) must be submitted as part of the proposal, with an original copy being submitted to the Office of the Division of Central Purchasing, 47-63 Green Street, Newark, NJ 07102. If an Annual Bid Bond is on file with the Office of the Division of Central Purchasing, 47-63 Green Street, Newark, NJ 07102, covering the CURRENT YEAR, no Bid Bond or Certified Check is required with the bid. Note: All Annual Bid Bonds expire on December 31st of each calendar year, regardless of the date filed. If the total amount of your bid is UNDER $44,000.00 a Bid Bond or Certified Check is not required. On bids that are RE-ADVERTISED, a new Bid Bond or Certified Check is not required. Once bids have been opened, they shall remain firm for a period of sixty (60) calendar days. In accordance with N.J.S.A. 40A:11-23.3, a bidder may request a withdrawal of a bid, due to a mistake on the part of a bidder, within five (5) business days after a bid opening. For the purposes of this section "Mistake" is defined as set forth in N.J.S.A. 40A:11-2. To request the withdrawal of a public works bid, a bidder shall submit a request for the withdrawal in writing by certified or registered mail to the Division of Central Purchasing located at 47-63 Green Street, Newark, NJ 07102. The request shall be effective upon mailing. The request shall include evidence, including any pertinent documents, demonstrating that a mistake was made and was of so great consequence that: 1. The enforcement of the contract, if actually made, would be unconscionable; 2. The mistake relates to a material feature of the bid; 3. The mistake occurred notwithstanding the fact that the bidder exercised reasonable care in preparation of the bid; and 4. The bidder making the mistake is able to get relief by way of withdrawing the bid without serious prejudice to the City, except for the loss of bargaining to the City. The Purchasing Agent shall review the request for bid withdrawal. No later than the next meeting of the Municipal Council following receipt of the withdrawal request, the individual responsible for reviewing the request shall make a recommendation to the Municipal Council concerning the disposition of the request. The Municipal Council shall act upon the request to withdraw the bid no later than at its next regular meeting. If the Municipal Council grants a request to withdraw a bid, it shall return the bid guarantee to the bidder. Once the decision to approve the withdrawal is made, the City shall continue the award process with the remaining bids. If a bidder withdraws a bid, the bidder shall be disqualified from future bidding on the same project, including whenever all bids are rejected pursuant N.J.S.A. 40A:11-13.2. More than one bid from an individual, a firm or partnership, a corporation, or association under the same names shall not be considered. Truth in Contracting Bidder should be aware of the following statutes that represent "Truth in Contracting" laws: N.J.S.A. 2C:21-34 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. N.J.S.A. 2C:27-10 provides that a person commits a crime if said person offer benefits to public servants who solicit, accept or agree to accept any benefit, to influence the performance of an official duty or to commit a violation of an 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 or legal counsel for further information. Additional Requirements The City will award the Contract or Contracts to the lowest responsive and responsible bidder N.J.S.A 40A:11-4. The City reserves the right to reject bids and to waive informalities in accordance with applicable laws, including but not limited to N.J.S.A. 40A:11-4(b) and (c), N.J.S.A. 40A:11-13.2 and N.J.S.A. 40A:11- 23.2, and, to award the contract or contracts in whole or any part thereof, also, the right to cancel the contract of any contractor who fails to perform faithfully any of its stipulations or in case of a willful attempt to impose upon the City, any material inferior to the quality required by the contract and any action taken therein shall not impair any right or claim of the City of Newark to damages for breach of contract. The City reserves the right to increase or decrease the amount of the contract to cover the actual requirements needed for the contract period. The City reserves the right to award contract(s) pursuant to these specifications to more than a single bidder, if, in the opinion of the City, the demand for goods and/or services is such as to require the use of more than one supplier in order to satisfy the constraints of quantity and timeliness. The vendor shall guarantee all items to be free of defect in material make-up and to be free of flaws. The vendor shall replace any and all items ascertained by the City to be flawed within forty-eight (48) hours after official notification of such, or as otherwise stated herein. No officer or employee elected or appointed in any municipality shall be interested directly or indirectly in any contract or job for work or materials, or the profit thereof, to be furnished or performed for the municipality, pursuant to N.J.S.A. 40:69A-163 and R.O. 1996 2:4-12. The bidder agrees that the goods and/or services to be provided under this agreement shall only be provided upon presentation to the bidder of a "Purchase Order" for such goods and/or services, authorized by the Purchasing Agent or authorized representative. The City shall bear no obligation to make payment for any goods and/or services provided by the bidder without such duly authorized documents. Award of any contract(s) pursuant to these specifications shall in all cases be subject to availability of funds duly appropriated for these purposes. Any contract(s) as awarded shall immediately cease to be in effect at such time as funds cease to be available for these purposes. Bidders shall comply with the applicable regulations of the Secretary of Labor, United States Department of Labor, made pursuant to the so-called "Anti- Kickback Act" (40 U.S.C. 276c) and any amendments or modifications thereto. It is the strong desire of the Municipal Council that every effort be undertaken to ensure that employment opportunities be provided for Newark residents to fill positions identified within the scope of this contract. The vendor shall be required to file written employment reports on a quarterly basis throughout the term of contract with the Director of Central Purchasing and the Office of the City Clerk. 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. For multi-year contracts, the Performance Bond may be resubmitted each year on the Contract Anniversary Date for the amount remaining on the contract. If stated in the Notice to Bidders and provided below: A Pre-Bid Conference will not be held. Failure to submit this with the executed contract shall be cause for declaring the contract null and void pursuant to N.J.S.A. 40A:11-22. Bids may reject for any of the following reasons: All bids pursuant to N.J.S.A. 40A:11-13.2; If more than one bid is received from an individual, firm or partnership, corporation or association under the same name; Multiple bids from an agent representing competing bidders; The bid is inappropriately unbalanced; The bidder is determined to possess, pursuant to N.J.S.A. 40A:11-4(b), Prior Negative Experience; or If the successful bidder fails to enter into a contract within twenty-one (21) days, Sundays and holidays excepted, or otherwise agreed upon by the parties to the contract. In this case at its option, the City of Newark may accept the bid of the next lowest responsible bidder [N.J.S.A. 40A:11-24(b)]; or Criminal Conviction. Pursuant to Newark Municipal Code 2:4-17.2, Bidder must disclose any criminal conviction(s) in this state or any other jurisdiction. Any rejection by the City, based on prior conviction, shall not take place unless and until there has been a responsibility hearing held by the City. PROJECT AREA 1 : RIVERFRONT PARK, BRIDGE ST TO MADISON ST