CITY OF PASSAIC NOTICE TO BIDDERS

Sealed Proposals will be received on Wednesday, October 16, 2019 at 10:30 A.M. prevailing time in the Purchasing Conference Room, 2nd Floor, Room 207, City Hall, 330 Passaic Street, Passaic, New Jersey and then publicly opened and read aloud for the furnishing and delivery to the City of Passaic of the following:

AUTHORIZED PRIVATE ON-SITE INSPECTION AGENCY TO SERVE AS ELEVATOR SAFETY SUBCODE OFFICIAL

The bidder must be an authorized private on-site inspection agency and agrees to

serve as Elevator Subcode Official, in accordance with N.J.A.C. 5:23-4.12, -4.13 and N.J.A.C. 5:23-12.1 et seq.

Instructions, specifications, and Proposal blanks may be obtained at the Division of Purchasing, City Hall, 330 Passaic Street, Passaic, NJ between the hours of 8:30 A.M. and 4:00 P.M. daily except Saturdays, Sundays and Holidays. Proposals must be made on the standard Proposal Form provided. The City of Passaic does not require a Bid Bond or Performance Guarantee for the Bid. Proposal, must be enclosed in a sealed envelope addressed to the City of Passaic, Division of Purchasing , Attn: Doris Dudek, Director of Purchasing; bearing the name and address of the bidder written on the face of the envelope, and clearly marked “BID” with the contract title.

Successful contractor must be registered with the Division of Revenue, State of New Jersey for a Business Registration Certificate at the time of contract award. If awarded a contract, your company/firm shall be required to comply with the requirements of N.J.S.A. 10:5-31 et. seq. and N.J.A.C. 17:27. The City Council has the right to consider bids for sixty (60) days after their receipt. DORIS DUDEK, R.P.P.O., QPA DIRECTOR OF PURCHASING

PROPOSAL FORM Date____________________ Mrs. Doris Dudek Director of Purchasing 330 Passaic Street Passaic, NJ 07055 Dear Mrs. Dudek: (I) or (We) have carefully examined the Legal Advertisement, Instructions to Bidders and Specifications for AN AUTHORIZED PRIVATE ON-SITE INSPECTION AGENCY TO SERVE AS ELEVATOR SAFETY SUBCODE OFFICIAL. In accordance with the specifications, the bidder is an authorized private on-site inspection agency and agrees to serve as Elevator Safety Subcode Official, in accordance with N.J.A.C. 5:23-4.12, - 4.13 and N.J.A.C. 5:23-12.1 et seq. for the City of Passaic for a period of one (1) year with an option to renew at the City’s discretion for two (2) one (1) year term or one (1) two (2) year terms at no increase in annual cost. ON-SITE INSPECTION AGENCY % FEE: ________ THE CITY OF PASSAIC REQUIRES AN ADMINISTRATIVE FEE OF 55% It is understood that the attached specifications are an integral part of our proposal. The undersigned company, agrees to provide and deliver the specified items (s), all in accordance with the attached specifications. The bidder’s signature on this proposal attests to the fact that he/she/it can provide the required item (s) and warranty as stipulated in the specifications. We agree to comply with all requirements of the specifications as to workmanship and timeliness of completion, as well as the appropriate Affirmative Action requirements. The attached Corporation or Partnership Statement is completed and is made part of this proposal. The undersigned bidder hereby represents to the City that he/she/it has not discussed, compared or disclosed this bid with any or to any other bidder, and that this bid is not in any way directly or indirectly the result of any fraud or collusion. Prices quoted shall be firm, net exclusive of all use, sales and excise taxes. The registered Federal Excise Number for the City is 22-600-2194.

The City of Passaic reserves the right to consider bids for 60 days after their receipts and to waive any informalities it deems to be in the best interest of the City of Passaic. Respectfully Submitted, NAME OF BIDDER______________________________________________________ COMPANY NAME_______________________________________________________ ADDRESS______________________________________________________________ SIGNATURE____________________________________________________________ PHONE NUMBER_______________________FAX NUMBER____________________ FEDERAL TAX ID NUMBER______________________________________________

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TECHNICAL SPECIFICATIONS

The City of Passaic is seeking sealed written bids from authorized private on-site inspection agencies to serve as Elevator Safety Subcode Official, in accordance with N.J.A.C. 5:23- 4.12, -4.13 AND N.J.A.C. 5:23-12.1 et seq. for a period of one (1) year with an option to renew at the City’s discretion for two (2) one (1) year contracts at no increase in annual cost. I. If you are interested in performing these services, you must submit a written, sealed bid together with a separately sealed qualification statement. The qualification statement submitted shall be in writing and shall contain the following information:

1. The name and principal business address of the on-site inspection Agency (hereinafter, “the Agency”)

2. The name of the person who will serve as the Agency's responsible official and representative to the City of Passaic if awarded the contract.

3. A complete List of all Agency technical, field inspection, and supervisory

personnel, grouped by job classification and title. This list must also contain the technical, educational, certification numbers and licensure qualifications of each person named.

4. A complete list of all municipalities served by the Agency specifically

identifying for each municipality named, the sub-codes enforced, the number of permits supervised and the number of inspections performed during an average month of the previous year.

5. The manner in which each class of employee is compensated, which shall

be one of the following only: full-time salaried, part-time salaried, full-time hourly or part-time hourly. If employees of a given class are compensated more than one way, a percentage breakdown must be provided.

6. The complete address of each agency office that is open and staffed at

least 35 hours per week by salaried or hourly agency employees.

7. The narrative description of the arrangements the Agency plans to make for the issuance of minor work and single trade permits.

8. A narrative description of the arrangements the Agency plans to make for

discharging plan review obligations.

9. The time in which the Agency can or has performed plan reviews if requested by the Construction Official. Plan reviews must be completed within 20 days of said request.

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10. Except for emergency inspections, inspections must be performed in

accordance with the time frame specified in the Uniform Construction Code Regulations.

11. A narrative description of the arrangements the Agency plans to make for

providing emergency inspection services, including a minimum of four hour’s response time. Emergency inspections shall be conducted at no additional fee.

12. The Agency shall be available at all times to the Construction Official and

shall promptly respond to his telephone calls, written communications, directives and/or orders.

13. The Agency shall meet with the Construction Official and any property owner requiring an elevator inspection and shall appear at hearings of the County Construction Board of Appeals as the need arises at no additional fee. 14. In an effort to reduce paperwork in our office we are asking for our elevator files to be stored and preserved on the agency’s website. These files must be kept current for review and downloadable when our needs exist to do so. Please provide your website address for a review of your services with a functional demo of the information contained on site, as it relates to elevators (sites under construction are not acceptable) or access by e-mail.

15. During the past year, has your Agency advised the Construction Official of any municipality or reported to the DCA, as required by N.J.A.C. 5:23-12.11, “Notice Concerning Accidents” that involved either death or personal injury, which was a result or cause of an elevator accident?

II. BID SPECIFICATIONS FOR ELEVATOR SUBCODE INSPECTIONS BY AN

ON-SITE AGENCY (“Agency” and “sub-code official” are used interchangeably)

1. The subcode official must deliver, in person, to our Construction Office;

within (15) days of the inspection all Inspection reports U.C.C. F310 (rev. 3/96), completed Notices of Violation, and Certificate of Compliances for signature of the Construction Official. All "Unsatisfactory Conditions" shall include the proper code citation; code rule number and year code was adopted. We will only accept, U.C.C. F310 forms, substitutes will not be accepted. Provide a copy of a typical inspection report. Additionally, all reports must be completed in triplicate and shall be typed, including the F310 form. Hand written forms will not be accepted. The F310 form shall indicate the installation year of the device, and the code year the device is

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inspected to. In building locations with more than one elevator car, we require a minimum of (2) inspections per form F310. This is required to reduce the filing time and overcrowding of our elevator records. Provide examples of completed forms for three (3) elevator inspections.

2. The subcode official, after all signatures are complete, must separate and

prepare all forms for mailing to the Owner or Agent and filing in the municipality and the office of the on-site agency. The subcode official will enclose each report in an envelope, which will be addressed by the on-site agency. All mailing will be done by the municipality. The onsite agency is responsible for verifying the accuracy of all form prepared by the agency, including records, notices, and bills for elevator inspection services and, as such, the agency shall indemnify, protect, and hold harmless the city, its agents, officials and employees for and from any all claims arising in the performance of the services herein, including reasonable attorney’s fees.

3. We require a separate cover letter of transmittal, which will be attached to

the inspection report F310 prior to mailing, and is to be addressed to each owner or agent. It must include the municipality logo, address of the device to be inspected, the type of certificate issued, and instructions for abatement of violations. If the inspection fee is not paid to the municipality, the agency shall indicate it in this letter and include a "Notice of Violation" to the owner or agent. We require a sample of your cover letter and completed Notice of Violation. Your sample shall be for an elevator fee which was unpaid to the municipality.

4. The subcode official / agency will prepare all Notices of Violation, and

Notice of Penalty, if required, in triplicate, for review and signature(s) with the Construction Official. The forms must be "U.C.C. F211" and "U.C.C F212" and shall reflect all the necessary information such as Name of Owner or Agent, Lot and Block numbers. Control Number, the name and address of the Board of Appeals, and the fee for application to the Board. All notice of violation forms F211 and notice of violation forms F212 shall be typed and must carry an original signature of the elevator Subcode Official. Electronic, or rubber-stamped signatures are not acceptable. Please provide an example of your completed forms.

5. The subcode official / agency shall prepare, in triplicate, the "Certificate of

Compliance" to be signed by the Construction Official. The form must be U.C.C. F260 (rev.3/96) and include the logo of our municipality, the type of Certificate, Block and Lot numbers. Building Registration Numbers, elevator car number and expiration date of Certificate. A control number is required for each certificate issued. One copy of the certificate is to be identified "Applicant," one copy to be identified as "Office," and one copy to be identified as "Municipality". All certificates shall be typed; hand

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written form will not be acceptable. Provide a sample of your completed form.

6. N.J.A.C. 5:23-12 requires that inspection cycles be maintained. We

require a quarterly status report, which lists the address of the elevators, the current owner/agent, the type of elevator device, and the next inspection due date and type of inspection, for each building location in our municipality. If a re-inspection is required, that address must be highlighted for the Construction Official's review. Hand written reports are not acceptable. Please provide a sample of a typical completed status report showing a minimum of five (5) different building locations.

7. The subcode official / agency shall prepare "Elevator Fee Invoices" for

mailing to the owner / agent. The information will include, an addressed envelope to the owner/agent, a cover letter of transmittal and invoice to the owner agent. All mailing will be done through the Building Department. The cover letter will carry the logo of the municipality, the Construction Official's name and phone number, the address of the owner / agent and the address of the elevator(s) to be inspected. The letter will instruct the owner/ agent and will cite the proper Uniform Construction Code regulations. The invoice shall have the date of the next regularly scheduled inspection, the type of inspection, annual or semi-annual, the proper U.C.C citation for the inspection fee(s) and administrative charges. The proper fees for the elevator devices and associated Oil buffers, Counterweight Governor Safeties and Auxiliary Power Generator and extended showing the total fees to be paid to the municipality. Additionally, each invoice shall have an invoice number and address of the municipality for proper mailing of the payment. All invoices will be prepared and mailed (30) days prior to the scheduled inspection. A duplicate copy of each invoice will be prepared by the agency for our office records. Provide a sample of your cover letter and invoice, which will be for a minimum of three (3) elevators and will include oil buffers and counterweight governor safeties.

8 The subcode official/agency will track all non-payment of fees by

owner/agents and prepare, in triplicate, Notice of Violation F211. After (30) days, the agency shall prepare a Notice of Penalty F212 for non-payment and signing with the Construction Official. After signing, the subcode official will separate the three (3) copies and distribute as required. The subcode official / agency will provide addressed envelopes, for mailing to the owner agent, by the Construction Department. Submit examples of your completed Notices of Violation and Notice of Penalty.

9. Please include a sample of the checklist your Agency uses to

perform a complete Elevator Plan Review. We also request a sample of a completed form for an elevator installation.

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10. Please include a sample of the checklist your agency uses to perform a complete Elevator installation. At a minimum the checklist shall contain the following information: capacity, travel, number of openings, type of device, inside cab dimensions, type of buffers, car speed, etc

11. To maintain the quality of inspections and safety of the riding public, the elevator inspector shall perform no more than six (6) inspections per day.

12. As required by N.J.A.C. 5:23-4.14(i), Private on-site agencies are required to bill for services rendered at least once every month. The bill must indicate the name and address of the Owner or Agent, the elevator device address, the Lot and Block number, the billing period, total fee collected, the check number and the owner/agent's invoice number, the fee payable to the on-site agency and the administrative fee retained by the municipality. Please provide a sample of your bill, which shall indicate a minimum of five (5) different building locations.

11. The on-site agency shall supply all stationery and necessary forms for no

additional fee.

12. Provide the educational and professional qualifications of the individual who will serve the City as the Agency's "Responsible Official" described in N.J.A.C. 5:23-4.13(c).

13 Provide a fee schedule based on the Percentage your agency is

bidding. The schedule shall specify the total fee the owner or agent will pay, the amount to be paid to the agency and the administrative fee to be paid to the municipality. The City of Passaic requires an administrative fee of 55 %.

14. All City owned buildings and / or structures are exempt from elevator

inspection fees. 15. The City of Passaic has the right to terminate without cause upon 30 days notice.

You are required to respond to all paragraphs listed above. Failure to respond to any paragraph or to provide any document / sample requested may result in the rejection of your bid. If you have any questions with regard to these specifications, please contact Alberto M. Ventura, Construction Official, at (973) 365- 5521.

10/3/19

INSTRUCTION TO BIDDERS

Sealed Proposals shall be received in accordance with Public Advertisement as required by law, a copy of said notice being attached hereto and made a part of these specifications. I. SUBMISSION OF BIDS A. BIDS FORWARDED THROUGH THE MAIL The bid proposal form shall be submitted, in a sealed envelope: (1) addressed to the City of Passaic, Division of Purchasing, Attn: Doris Dudek, Director of Purchasing (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. It is the bidder’s responsibility to see that bids are presented to the City of Passaic on the hour and the place designated. Bids may be hand delivered or mailed; however, the City of Passaic disclaims any responsibility for bids forwarded by regular mail or overnight mail. Bids received after the designated time and date will be returned unopened. B. PROPOSAL FORM Sealed bids forwarded to the City of Passaic 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. 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 City of Passaic. Any changes, white-outs, strike-outs, etc. on the proposal page must be initialed in ink by the person responsible for signing the bid. 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 City of Passaic. 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. 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. II. BID SECURITY A. BID GUARANTEE – SEE ATTACHED SAMPLE – NOT APPLICABLE Bidder shall submit with the bid a certified check, cashier’s check or bid bond in the amount of ten (10%) of the total price bid, but not in excess of $20,000.00, payable unconditionally to the City of Passaic. 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 City of Passaic. 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:11-21. FAILURE TO SUBMIT THIS SHALL BE CAUSE FOR REJECTION OF THE BID.

B. CONSENT OF SURETY – SEE ATTACHED SAMPLE - NOT APPLICABLE

Bidder shall submit with the bid a Certificate (Consent of Surety) with Power of Attorney for full amount of the bid price from a Surety Company authorized to do business in the State of New Jersey and acceptable to the City of Passaic, 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 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:11-22. FAILURE TO SUBMIT THIS SHALL BE CAUSE FOR REJECTION OF THE BID.

C. PERFORMANCE BOND - NOT APPLICABLE

Successful bidder shall simultaneously with the delivery of the executed contract, submit an executed bond in the amount of one hundred (100%) of the acceptable bid as 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 and any maintenance bonds required have been executed and approved by the City of Passaic. FAILURE TO DELIVER THIS WITH THE EXECUTED CONTRACT SHALL BE CAUSE FOR DECLARING THE CONTRACT NULL AND VOID. D. LABOR AND MATERIAL (PAYMENT BOND) – NOT APPLICABLE

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 - NOT APPLICABLE

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 two (2) years.

THE SURETY ON SUCH BOND OR BONDS SHALL BE A DULY AUTHORIZED SURETY COMPANY AUTHORIZED TO DO BUSINESS IN THE STATE OF NEW JERSEY N.J.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 City of Passaic. 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. In the event the bidder fails to notify the City of Passaic 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 City of Passaic 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 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:11-23. All addenda so issued shall become part of the contract documents, and shall be acknowledged by the bidder in the bid. The City of Passaic’s interpretations or correction thereof shall be final.

D. Any bidder challenging the bid specifications must file notice of the challenge with the Director of Purchasing no less than three (3) business days prior to the opening of the bids. Any challenge filed after that date will be void and will have no impact on the award of the contract. IV. DISCREPANCIES IN BIDS 1. If the amount shown in words and its equivalent in figures do not agree, 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 prices shall prevail. In the event there is an error of the summation of the extended totals, the computation by the City of Passaic of the extended totals shall govern. V. PRICE FLUCTUATIONS DURING CONTRACT All prices quoted shall be firm and not subject to increase during the period of contract. In the event of a manufacturer’s price decrease during the contract period, the City shall receive the full benefit of such price reduction of any undelivered purchase order and on any subsequent order placed during the contract period VI. BRAND NAMES, PATENTS & STANDARDS OF QUALITY A. Brand names and/or descriptions used in this bid are to acquaint bidders with the type of commodity desired and will be used as a standard by which alternate or competitive materials offered will be judged. Competitive items must be equal to the standard described and be of the same quality of work. Variations between materials described by the bidder on a separate sheet and submitted with the bid proposal form. Vendor’s literature WILL NOT suffice in explaining exceptions to these specifications. In the absence of any changes by the bidder, it will be presumed and required that materials as described in the proposal be delivered. B. It is the responsibility of the bidder to demonstrate the equivalency of item(s) offered. The City of Passaic reserves the right to evaluate the equivalency of an item (s) which, in its deliberations, meets its requirements. C. In submitting its bid, the bidder certifies that the merchandise 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 City of Passaic harmless from any damages resulting from such infringement. D. Only manufactured and farm products of the United States, wherever available, shall be used on this contract pursuant to N.J.S.A. 40A:11-18.

E. Wherever practical and economical to the City of Passaic, it is desired that recycled or recyclable products be provided. Please indicate when recycled products are being offered. VII. INSURANCE & INDEMNIFICATION General At all times during the Term of the Agreement, the Company, at its sole cost and expense, shall keep and maintain insurance against any loss or damage in an amount, and under such terms, as set forth below. Insurance Company shall obtain and maintain, at a minimum, the insurance coverage set forth below. Such insurance shall be obtained from insurance companies authorized to do business in the State of New Jersey and having an A.M. Best’s rating of at least “A-“ or better or the equivalent thereof. Deductible amounts or self insured retention amount payable under or with respect to such insurance coverage shall be the sole responsibility of the Company. Required Coverages: Type Minimum Coverage 1. Workers’ Compensation Insurance Statutory, as required by the State of New Jersey, including Employer’s Liability limits of $1,000,000 and including “Other States endorsement.” 2. Commercial General Liability, Bodily Insurance with combined single Injury and Property Damage, including limits of $1,000,000/$2,000,000 Contractual liability and Products and per project/per location Completed Operations 3. All Risk Property Coverage/Builder’s Vendor/contractor shall agree to Risk – if applicable insure any owned, leased or Borrowed property. The City of Passaic will have no liability with Regard to non-owned property. 4. Commercial Automobile Liability $1,000,000 per accident for Bodily Injury with coverage Provided for (1) owned autos (2) hired autos and (3) other Non-owed vehicles 5. Commercial Excess Liability $5,000,000 or an amount Sufficient to equal $5,000,000 With the primary general liability And automobile liability limits 6. Professional liability $1,000,000 each claim/annual Aggregate

Deductibles No policy shall have a deductible amount greater than $100,000 per occurrence. Form and Content All policies, binders or interim insurance contracts with respect to insurance maintained by the Company hereunder shall:

1. Designate the City of Passaic, its officers, agents and employees (except in the case of Workers’Compensation Insurance) as an additional insured:

2. Provide that there shall be no recourse against the City for payment

of premiums or commissions or (if such policies provide for payment thereof) additional premiums or assessments;

3. Provide that such insurance shall be primary insurance without any Right of contribution from any other insurance carried by the City of Passaic or to the Company to the extent that such other insurance provides The City of Passaic or the Company with contingent and/or excess Liability insurance with respect to its respective interest and such insurance shall expressly provide that all provisions thereof (except the limits of liability, which shall be applicable to all insured as a group and Liability for premiums) shall operate in the same manner as if there were a separate policy covering each insured.

4. Provide that the City of Passaic shall be furnished with at least thirty (30) days prior written notice of any material change, cancellation, expiration or non-renewal of coverage and that unilateral change, cancellation, expiration or non-renewal shall be effective absent such notice; and

5. Waive any right of subrogation of the insurers there under against the City of Passaic.

Prior to, but no later than the event date, the Company shall provide to the City, a Certificate of Insurance that evidence compliance with the requirements of this Section. VIII. PREPARATION OF BIDS

A. The City of Passaic is exempt from any local, state or federal sales, use or excise tax. B. Estimated Quantities (Open-End Contracts) The City of Passaic 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. 5:34-4.9. 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 include this cost in the bid price agreement. D. The City of Passaic encourages, but does not require, any business awarded a contract with the City to employ residents of the City of Passaic in connection with the performance of the contract.

IX. 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) and N.J.A.C. 17:27-1 et seq. 1. Procurement, Professional and Service Contracts All Successful vendors must submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents: i. A photocopy of a valid letter for an approved Federal Affirmative Action Plan (good for one year from the date of the letter), or ii. A photocopy of an approved Certificate of Employee Information Report, 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 days of the signing of the contract an Initial Project Manning Report (AA201-available upon request from 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 Americans 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 City of Passaic harmless. C. Prevailing Wage Act (When Applicable) Pursuant to N.J.S.A. 34:11-56.25 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 City of Passaic within ten (10) days of the payment of the wages. The contractor is also responsible for obtaining and submitting all subcontractors’ certified payrolls in the form set forth in N.J.A.C. 12:6-6.1(c). 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 08625 or the New Jersey Department of Labor, Division of Workplace Standards. 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 or more of its stock of any class, or of all individual partners in the partnership who own a ten percent or greater interest therein. 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. Owners must also ensure that all containers, which are stored at their facilities by contractors, display RTK labeling. The options and exclusions from labeling are found in New Jersey Right to Act regulations at (N.J.A.C. 8:59-5.5 and 5.6). General information and labeling assistance for bidders is found on the New Jersey Department of Health and Senior Services Right to Know Program website at: www.nj.gov/health/eoh/rtkweb/

F. Non-Collusion Affidavit The Non-Collusion Affidavit, which is part of these specifications, shall be properly executed and submitted with the bid proposal. FAILURE TO SUBMIT THIS SHALL BE CAUSE FOR REJECTION OF THE BID.

G. Public Works Contractor Registration Act Pursuant to the Public Works Contractor Registration Act (as amended by P.L. 2003 c.91) each contractor

bidding on a public works project must be registered with the Department of Labor’s Division of Wage and

Hour Compliance at the time bids are received by the City of Passaic. After bids are received, and prior to

contract award, the contractor most likely to receive the contract award must submit to the City of Passaic

copies of his certification and copies of his subcontractors certification. All named sub-contractors listed in

a bid (including out of state contractors), material suppliers excluded, must also be registered with the

Department of Labor’s Division of Wage and Hour Compliance at the time bids are received. Non-Listed

subcontractors do not have to be registered until they physically start the public work assigned to them.

The law specifically prohibits accepting applications for registration as a substitute for a certificate of

registration (N.J.S.A. 34:11-56.55)

FAILURE TO BE A REGISTERED CONTRACTOR OR SUBCONTRACTOR AT

THE TIME OF THE BID OPENING IS A

MATERIAL DEFECT WHICH CANNOT BE WAIVED OR CORRECTED AND

WHICH WILL RESULT IN THE BID BEING REJECTED AS NON-RESPONSIVE.

IT IS THE CONTRACTOR’S RESPONSIBILITY TO INSURE THAT ALL HIS SUB-

CONTRACTORS ARE REGISTERED AT THE TIME OF THE BID OPENING. IT

IS ALSO THE CONTRACTOR’S RESPONSIBILITY TO INSURE THAT ALL HIS

NON-LISTED SUBCONTRACTORS ARE REGISTERED UPON STARTING THE

PUBLIC WORK ASSIGNED TO THEM.

For more information please visit the website to register at:

https://www.nj.gov/labor/wagehour/regperm/pw_cont_reg.html OR contact:

Contractor Registration Unit Division of Wage and Hour Compliance NJ Department of Labor PO Box 389 Trenton, NJ 08625-0389 Telephone # 609-292-9464

H. Business Registration Certificate *Revised January 25, 2010* Pursuant to N.J.S.A. 52:32-44 each vendor submitting a bid or proposal with the City of Passaic must be registered with The Division of Revenue, State of New Jersey. If the Business Registration Certificate for the contractor and sub-contractor (if applicable) is not part of the bid package but they are registered, the contractor must submit to the City of Passaic their Business Registration Certificate and a copy of their sub-contractors’ Business Registration Certificate prior to award of contract. All named sub-contractor (s) listed on the bid including out of state vendors must be registered with the Division of Revenue, State of New Jersey. Registration as a Business: Businesses must complete Form NJ-REG and submit it to the Division of Revenue. The form can be filed as per the following: A. Register online at www.state.nj.us/treasury/revenue/busregcert.shtml Click the “online” link and then select “Register for Tax and Employer Purposes.” B. Call the Division at (609) 292-9292 to have a form mailed to

you.

C. Write to the Division at: Client Registration Bureau, PO Box 252, Trenton, NJ 08646-0252.

Registration as an individual:

There is a simplified registration process for individuals doing business with any New Jersey government agency. The form (NJ-REG-A) can be downloaded from the web at www.state.nj.us/treasury/revenue/pdforms/rega.pdf To obtain a copy by mail, call (609) 292-9292 , or write to the Division at the Client Registration Bureau, PO Box 252, Trenton, NJ 08646-0252.

I. Business Code of Ethics The successful bidder must submit prior to OR in conjunction with the signing of the contract, the signed Business Code of Ethics. In order to provide goods or services to the City of Passaic, a vendor must sign the enclosed acknowledgement form indicating that they have reviewed the BCE and has not taken any action which would constitute a violation of the BCE. Any vendor who fails to comply with this requirement shall be subject to their bid being rejected. The following statutes must be adhered to if applicable:

J. New Jersey Underground Facility Protection Act; N.J.S.A. 48:2073 et. seq. K. Licensed Master Plumber; N.J.S.A. 45:14C-2(h) L. The Electrical Contractors Licensing Act of 1962; N.J.S.A. 45:5A-1 M. Plan or Design Immunity; N.J.S.A. 59:4-6 et. seq. N. Certificate of Authority; N.J.S.A. 17:31-5 et. seq. O. Contractor Certification and Alarm Contractor Licensure; N.J.S.A. 45:5A-18 et. seq. P. The Certification of Fire Protection Equipment Contractors; N.J.S.A. 52:14B-5 et. seq. Q. Landscape Irrigation Contractor Certification Act of 1991; N.J.S.A. 45:5AA-1 et. seq. R. Tree Expert Act; N.J.S.A. 45:15C-1 et. seq. S. Pesticide Control Act of 1971; N.J.S.A. 13:1F-1 X. METHODS OF AWARD A. All contracts shall be for 12 consecutive months unless otherwise noted in technical or supplemental specifications. B. The City of Passaic 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. C. 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 Alternates, the Alternates will be awarded based on the order specified in the proposal sheet. D. The City of Passaic may also elect to award the work on the basis of line items or unit prices, whichever results in the lowest total amount. E. 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 City of Passaic. F. Procedure for selecting the lowest responsible qualified bidder when two identical bids are received are as follows:

1) The Purchasing Agent or Business Administrator shall assign “heads”and “tails” to the two bidders and toss a coin a single time to the floor.

2) The winner of the coin toss, shall be determined to be the lowest responsible bidder. 3) The coin toss shall be conducted in the presence of the City Clerk or Assistant City Clerk and a third person.

4) The resolution awarding the contract shall reference the breaking of the identical bid by the coin toss. 5) In the event of a three or more way identical bid (s), all bids will be rejected and the contract rebid. XI. THE FOLLOWING SHALL BE CONSIDERED REASONS FOR REJECTION OF ALL BIDS: A. The lowest bid substantially exceeds the cost estimates for the goods or services.

B. The lowest bid substantially exceeds the City’s appropriation for the goods or services.

C. The governing body decides to abandon project. D. The City wants to substantially revise the bid specifications.

E. The purpose or provisions of the Local Public Contracts Law are being

violated. F. The governing body decides to use a State authorized contract. G. Negative Prior Experience as per N.J.S.A. 40A:11-4 H. 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 City of Passaic may then, at its option, accept the bid of the next lowest bidder. XII. PROMPT PAY PROCEDURES AND ALTERNATIVE DISPUTE RESOLUTION PROCESS

1. BILLS AND PAYMENTS: All bills submitted to the City for approval and payment pursuant to N.J.S.A. 2A:30A-1 et. seq. must comply with the following provisions. The “billing date” shall be the date that the contractor signs the certification on the voucher/purchase order that the work has been performed. These bills include all bills for improvements to real property and contracts for engineers, architects, surveyors, design or skilled services relating to construction work. Bills that are required to be approved by an engineering or architecture firm (prior to submission to the Council for approval) for purposes of confirmation of successful completion of construction work shall be approved or disapproved within 20 days of submission of same to the architect or engineer. If bills are disapproved or monies withheld from payment then notice of the reason for same shall be given within the same 20 days to the contractor. The City Council must approve payment of all bills pursuant to N.J.S.A. 40A:5-17. For the City Council to consider a bill for approval it must be submitted to the City purchasing director at least two weeks prior to a scheduled/or re-scheduled Council meeting date. If the Council or any agent or officer of the Council determines that the bill is not approved then notice of the disapproval shall be sent to the contractor within five days of the Council meeting on which the bill was listed for approval. If the bill is approved by the City Council then payment shall be made to the contractor within 7 days of the Council meeting as the “payment cycle”.

Bills submitted under N.J.S.A. 40A:11-16.2 which are contracts which exceed $100,000.00 then the contractor agrees to the withholding of 2% of the amount due on each partial payment pending completion of the work. Upon final completion of the work and acceptance of the work performed then the City shall release all of the monies withheld. Successful bidder/respondent shall complete W-9 Form and submit to Division of Purchasing prior to contract award. The form is available at the following link: http://www.irs.gov/pub/irs-pdf/fw9.pdf 2. ALTERNATIVE DISPUTE RESOLUTION PROCESS:

All disputes relating to construction contracts pursuant to N.J.S.A. 40A:11-50 or relating to contracts for engineers or architects, surveyors, design or skilled services relating to construction contracts for prompt payment issues shall be submitted to the following Alternative Dispute Resolution Process (“ADR”). All disputes shall first be submitted to the architect of record, if there is one, for a determination. If 30 days pass without a determination by the architect or a determination is made that does not resolve the dispute, then the claims shall be submitted for mediation by a single mediator pursuant to the rules of AAA. If the dispute is submitted for mediation the neutral party involved must demonstrate knowledge of the New Jersey Local Public Contracts Law.

If the parties cannot resolve their dispute through the mediation process, the parties are free to file an action in the appropriate court of law. XIII. INTEREST AND LATE FEES The City of Passaic will not pay late fees or interest on late payments on any contractual payments due from the City to Contractor. The City Council must approve all payments made under a City contract. The Council normally meets every 2 weeks and bills that are submitted timely and approved by the appropriate department will normally be considered for payment by the City Council at the next meeting after approval of same by the department. XIV. QUALIFIED MINORITY BUSINESS, QUALIFIED WOMEN’S BUSINESS AND QUALIFIED SMALL BUSINESS ENTERPRISES Pursuant to Resolution #09-09-249, the City of Passaic seeks to encourage qualified minority business enterprises, qualified women’s business enterprises and qualified small business enterprises to bid on municipal construction contracts. The City purchasing director shall attempt to give notice to qualified minority, women and small businesses, which are registered with the State of New Jersey, of the City’s intent to receive bids on a municipal construction project. Any minority, women’s or small business which seeks to bid on City construction projects can request that the purchasing director put them on a list of businesses to receive notice (via e-mail) of the City’s intent to seek bids on a City construction project. The failure of the purchasing director to provide notice to either the State registered businesses or the list of businesses registered with the City shall not be grounds for the voiding of any bid process. XV. TERMINATION OF CONTRACT A. If, through any cause, the successful bidder shall fail to fulfill in a timely and proper manner obligations under this contract or if the contractor shall violate any of the requirements of this contract, the City of Passaic shall thereupon have the right to terminate this contract by giving written notice to the contractor of such termination and specifying the effective date of termination. Such termination shall relieve

the City of Passaic of any obligation for balances to the contractor of any sum or sums set forth in the contract. B. Notwithstanding the above, the contractor shall not be relieved of liability to the City of Passaic for damages sustained by the City of Passaic by virtue of any breach of the contract by the contractor and the City of Passaic may withhold any payments to the contractor for the purpose of compensation until such time as the exact amount of the damage due the City of Passaic from the contractor is determined. C. The contractor agrees to indemnify and hold the City of Passaic 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 City of Passaic under this provision. D. In case of default by the successful bidder, the City of Passaic may procure the articles or services from other sources and hold the successful bidder responsible for any excess cost occasioned thereby. E. Continuation of the terms of this 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 City of Passaic reserves the right to cancel this contract.

BID BOND SAMPLE

KNOW ALL MEN BY THESE PRESENTS, That we, the undersigned__________________ and principal,

and________________________________ as Surety, are hereby and firmly bound unto

the_____________________________________________ in the penal sum of TEN PERCENT OF amount bid, not to exceed

TWENTY THOUSAND and 00/100---(10%, not to exceed $20,000.00 for 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_____________________________________. The condition of the above obligation is such that whereas the Principal has submitted to the owner as defined, a certain Bid, attached hereto, and hereby made a part hereof, to enter into a contract in writing, for _______________________________________________________________ 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 of Contract

provided (properly completed in accordance with said Bid) and shall furnish a bond for his faithful

performance of said contract, and shall in all other respects perform the Agreement created by the

acceptance of the Bid,

Then, this obligation shall be void, otherwise the same shall remain in force, and effect; it being expressly understood and agreed that the liability of the surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Principal may accept such Bid; and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the principal and Surety have set their hands and seals, and such of them as are corporations having 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. Principal:______________________(L.S.)

Surety:_________________________________ By:__________________________________________

STATE OF SS: COUNTY OF

On this ___________day of ___________20________, before me personally came_____________to me known, who, being by me duly sworn, did depose and say; he resides in___________________________ that he is the ____________________________ of the __________________________________the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. (SEAL)_____________________________________________

Notary Public of______________________________

My Commission expires________________________

SAMPLE

FORM OF

CONSENT OF SURETY/SURETY GUARANTY (To accompany Proposal)

KNOW ALL MEN BY THESE PRESENTS, That for and in consideration of the sum of $1.00, lawful money of the United States, the receipt whereof is hereby acknowledged, paid the undersigned corporation, and for other valuable consideration, the _____________________________________________ corporation organized and existing (Name of Surety Company) under the laws of the State of ________________________, licensed to do business in the State of New Jersey, certifies and agrees, that if ___________________________is awarded (Contract) to _____________________________, the undersigned _____________________corporation (Name of Bidder) (Name of Bidder) will execute the bond or bonds as required by the Contract Documents and will become surety in the full amount of the Contract price for the faithful performance of the contract and for payment of all persons supplying labor or furnishing materials in connection thencewith.

Dated this_______________ day of ________________2________.

By___________________________

(To be accompanied by the usual proof of authority of officers of surety company to execute the same)

CORPORATION ACKNOWLEDGMENT

STATE OF SS: COUNTY OF On this ___________day of ___________2______, before me personally came _____________________________to me known, who, being by me _____________________ duly sworn, did depose and say; he resides in __________________________ that he is the _____________________________ of the ______________________________ the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by order. (SEAL) ______________________________________________ Notary Public of________________________________ My Commission expires__________________________

ALL GOODS AND SERVICES VENDORS

For your convenience, all goods and services vendors now have two (2) options in filing the Division of Contract Compliance AA302, Affirmative Action Employee Information Report. As always, you may complete the forms manually and mail them to NJ Department of the Treasury Division of Purchase and Property or you may input your employment data directly onto the AA302 Vendor Activity Summary Report form located on the State’s website. To access the website, simply follow these steps:

1. Type www.state.nj.us/treasury/contract_compliance

2. Locate tab that says “forms”.

3. The vendor is to complete form AA-302 “Employee Information Report” and submit to NJ Division of Purchase and Property Contract Compliance. Retain a copy for own files. The vendor is to submit a copy to the Public Agency awarding the contract.

4. Once your forms have been completed, please mail your $150.00 certificate fee in the form of a check or money order, payable to: “Treasurer State of New Jersey” NJ Department of the Treasury Division of Purchase and Property Contract Compliance and Audit EEP Monitoring Program PO Box 206 Trenton, NJ 08625-02016 Phone #(609) 292-5473 Fax # (609) 292-1002

CONSTRUCTION CONTRACTORS

For your convenience, all goods and services vendors now have two (2) options in filing the Division of Contract Compliance AA202, Monthly Project Workforce Report Form Construction. As always, you may complete the forms manually and mail them to NJ Department of Labor & Workforce Development or you may input your employment data directly onto the AA202 Vendor Activity Summary Report form located on the State’s website. To access the website, simply follow these steps:

1. Type www.state.nj.us/treasury/contract_compliance

2. Locate tab that says “forms”

3. Select Form AA-202 and fill out the requested information.

4. The vendor is to complete form AA-202 “Monthly Project Workforce Report” and submit to NJ Department of Labor & Workforce Development. Retain a copy for own files. The vendor is to submit a copy to the Public Agency awarding the contract.

New Jersey Department of Labor & Workforce Development Construction EEO Compliance Monitoring Program PO Box 209 Trenton, NJ 08625-0209 Phone #(609) 292-9550

(REVISED 4/10)

EXHIBIT A

MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127)

N.J.A.C. 17:27

GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS

During the performance of this contract, the contractor agrees as follows: 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, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity 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 provisions of this nondiscrimination clause. 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, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union of the contractor's commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act. The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with N.J.A.C. l7:27-5.2. The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, and labor unions, that it does not discriminate on the basis of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.

EXHIBIT A

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. In conforming with the targeted employment goals, 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, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions. The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents: Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Division’s website at www.state.nj.us/treasury/contract_compliance) The contractor and its subcontractors shall furnish such reports or other documents to the Division of Public Contracts Equal Employment Opportunity Compliance 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 Division of Public Contracts Equal Employment Opportunity Compliance for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C. 17:27.

(REVISED 4/10)

EXHIBIT B

MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127)

N.J.A.C. 17:27

CONSTRUCTION CONTRACTS During the performance of this contract, the contractor agrees as follows: 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, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following: employment, up-grading, 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 provisions of this nondiscrimination clause. 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, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer, pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act. When hiring or scheduling workers in each construction trade, the contractor or subcontractor agrees to make good faith efforts to employ minority and women workers in each construction

EXHIBIT B

trade consistent with the targeted employment goal prescribed by N.J.A.C. l7:27-7.2; provided, however, that the Division may, in its discretion, exempt a contractor or subcontractor from compliance with the good faith procedures prescribed by the following provisions, A, B and C, as long as the Division is satisfied that the contractor or subcontractor is employing workers provided by a union which provides evidence, in accordance with standards prescribed by the Division, that its percentage of active "card carrying" members who are minority and women workers is equal to or greater than the targeted employment goal established in accordance with N.J.A.C. l7:27-7.2. The contractor or subcontractor agrees that a good faith effort shall include compliance with the following procedures: (A) If the contractor or subcontractor has a referral agreement or arrangement with a union for a construction trade, the contractor or subcontractor shall, within three business days of the contract award, seek assurances from the union that it will cooperate with the contractor or subcontractor as it fulfills its affirmative action obligations under this contract and in accordance with the rules promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et. seq., as supplemented and amended from time to time and the Americans with Disabilities Act. If the contractor or subcontractor is unable to obtain said assurances from the construction trade union at least five business days prior to the commencement of construction work, the contractor or subcontractor agrees to afford equal employment opportunities minority and women workers directly, consistent with this chapter. If the contractor's or subcontractor's prior experience with a construction trade union, regardless of whether the union has provided said assurances, indicates a significant possibility that the trade union will not refer sufficient minority and women workers consistent with affording equal employment opportunities as specified in this chapter, the contractor or subcontractor agrees to be prepared to provide such opportunities to minority and women workers directly, consistent with this chapter, by complying with the hiring or scheduling procedures prescribed under (B) below; and the contractor or subcontractor further agrees to take said action immediately if it determines that the union is not referring minority and women workers consistent with the equal employment opportunity goals set forth in this chapter. (B) If good faith efforts to meet targeted employment goals have not or cannot be met for each construction trade by adhering to the procedures of (A) above, or if the contractor does not have a referral agreement or arrangement with a union for a construction trade, the contractor or subcontractor agrees to take the following actions:

(l) To notify the public agency compliance officer, the Division, and minority and women referral organizations listed by the Division pursuant to N.J.A.C. 17:27-5.3, of its workforce needs, and request referral of minority and women workers; (2) To notify any minority and women workers who have been listed with it as awaiting available vacancies;

EXHIBIT B (3) Prior to commencement of work, to request that the local construction trade union refer minority and women workers to fill job openings, provided the contractor or subcontractor has a referral agreement or arrangement with a union for the construction trade; (4) To leave standing requests for additional referral to minority and women workers with the local construction trade union, provided the contractor or subcontractor has a referral agreement or arrangement with a union for the construction trade, the State Training and Employment Service and other approved referral sources in the area;

(5) If it is necessary to lay off some of the workers in a given trade on the construction site layoffs shall be conducted in compliance with the equal employment opportunity and non- discrimination standards set forth in this regulation, as well as with applicable Federal and State court decisions; (6) To adhere to the following procedure when minority and women workers apply or are referred to the contractor or subcontractor: (i) The contactor or subcontractor shall interview the referred minority or women worker.

(ii) If said individuals have never previously received any document or certification signifying a level of qualification lower than that required in order to perform the work of the construction trade, the contractor or subcontractor shall in good faith determine the qualifications of such individuals. The contractor or subcontractor shall hire or schedule those individuals who satisfy appropriate qualification standards in conformity with the equal employment opportunity and non-discrimination principles set forth in this chapter. However, a contractor or subcontractor shall determine that the individual at least possesses the requisite skills, and experience recognized by a union, apprentice program or a referral agency, provided the referral agency is acceptable to the Division. If necessary, the contractor or subcontractor shall hire or schedule minority and women workers who qualify as trainees pursuant to these rules. All of the requirements, however, are limited by the provisions of (C) below. (iii) The name of any interested women or minority individual shall be maintained on a waiting list, and shall be considered for employment as described in (i) above, whenever vacancies occur. At the request of the Division, the contractor or subcontractor shall provide evidence of its good faith efforts to employ women and minorities from the list to fill vacancies. (iv) If, for any reason, said contractor or subcontractor determines that a minority individual or a woman is not qualified or if the individual qualifies as an advanced trainee or apprentice, the contractor or subcontractor shall inform the individual in writing of the reasons for the determination, maintain a copy of the determination in its files, and send a copy to the public agency compliance officer and to the Division.

EXHIBIT B

(7) To keep a complete and accurate record of all requests made for the referral of workers in any trade covered by the contract, on forms made available by the Division and submitted promptly to the Division upon request.

(C) The contractor or subcontractor agrees that nothing contained in (B) above shall preclude the contractor or subcontractor from complying with the union hiring hall or apprenticeship policies in any applicable collective bargaining agreement or union hiring hall arrangement, and, where required by custom or agreement, it shall send journeymen and trainees to the union for referral, or to the apprenticeship program for admission, pursuant to such agreement or arrangement. However, where the practices of a union or apprenticeship program will result in the exclusion of minorities and women or the failure to refer minorities and women consistent with the targeted county employment goal, the contractor or subcontractor shall consider for employment persons referred pursuant to (B) above without regard to such agreement or arrangement; provided further, however, that the contractor or subcontractor shall not be required to employ women and minority advanced trainees and trainees in numbers which result in the employment of advanced trainees and trainees as a percentage of the total workforce for the construction trade, which percentage significantly exceeds the apprentice to journey worker ratio specified in the applicable collective bargaining agreement, or in the absence of a collective bargaining agreement, exceeds the ratio established by practice in the area for said construction trade. Also, the contractor or subcontractor agrees that, in implementing the procedures of (B) above, it shall, where applicable, employ minority and women workers residing within the geographical jurisdiction of the union. After notification of award, but prior to signing a construction contract, the contractor shall submit to the public agency compliance officer and the Division an initial project workforce report (Form AA 201) electronically provided to the public agency by the Division, through its website, for distribution to and completion by the contractor, in accordance with N.J.A.C. 17:27-7. The contractor also agrees to submit a copy of the Monthly Project Workforce Report once a month thereafter for the duration of this contract to the Division and to the public agency compliance officer. The contractor agrees to cooperate with the public agency in the payment of budgeted funds, as is necessary, for on-the-job and/or off-the-job programs for outreach and training of minorities and women.

(D) The contractor and its subcontractors shall furnish such reports or other documents to the Division of Public Contracts Equal Employment Opportunity Compliance as may be requested by the Division 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 Division of Public Contracts Equal Employment Opportunity Compliance for conducting a compliance investigation pursuant to Subchapter l0 of the Administrative Code (NJAC 17:27).

EXHIBIT “C”

The contractor shall comply with all federal regulations pursuant to the Code of Federal Regulations, Title 24 – Housing and Urban Development. In particular, the contractor shall comply with the following: 1. Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3); all contracts and subgrants for construction or repair. 2. Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR Part 5); construction contracts in excess of two Thousand Dollars ($2,000.00) awarded by grantees and subgrantees when required by Federal grant program legislation. 3. Contract work hours and Safety Standards Act (40 U.S.C. 327-330 Sections 103 and 107 as supplemented by Department of Labor regulations (29 CFR Part 5); construction contracts awarded by grantees and subgrantees in excess of Two Thousand Dollars ($2,000.00) and in excess of Two Thousand Five Hundred Dollars ($2,500.00) for other contracts which involve the employment of mechanics or laborers. 4. All applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 185 h), Section 508 of the Clean Air Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations (40 CFR Part 15); contracts, subcontracts and subgrants of amounts in excess of One Hundred Thousand Dollars ($100,000.00).

AMERICANS WITH DISABILITIES ACT OF 1990 Equal Opportunity for Individuals with Disability

The CONTRACTOR and the OWNER do hereby agree that the provisions of Title II of the Americans With Disabilities Act of 1990 (the “ACT”) (42 U.S.C. S12101 et seq.), 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 thereunto, are made a part of this contract. In providing any aid, benefit, or service on behalf of the OWNER pursuant to this contract, the CONTRACTOR agrees that the performance shall be in strict compliance with the 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 OWNER in any action or administrative proceeding commenced pursuant to this Act. The Contractor shall indemnify, protect, and save harmless the OWNER, its agents, servants 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 owns 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 OWNER grievance procedure, the CONTRACTOR agrees to abide by any decision of the OWNER which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the OWNER or if the OWNER incurs any expense to cure a violation of the ADA which has been brought pursuant to its grievance procedure, the CONTRACTOR shall satisfy and discharge the same at its own expense. The OWNER 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 proceedings its brought against the OWNER or any of its agents, servants, and employees, the OWNER shall expeditiously forward or have forwarded to the CONTRACTOR every demand, complaint, notice, summons, pleading, or other process received by the OWNER or its representatives. It is expressly agreed and understood that any approval by the OWNER 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 OWNER pursuant to this paragraph. It is further agreed and understood that the OWNER assumes no obligation to indemnify or save harmless the CONTRACTOR, its agents, servants, 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 OWNER from taking any other actions available to it under any other provisions of the Agreement or otherwise at law.

NEW JERSEY ANTI-DISCRIMINATION PROVISIONS N.J.S.A. 10:2-1 et seq.

Pursuant to N.J.S.A. 10:2-1 et seq., if awarded a contract, the contractor agrees that: a. In the hiring of persons for the performance of work under this contract or any subcontract hereunder, or for the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under this contract, no contractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex, discriminate against any person who is qualified and available to perform the work to which the employment relates; b. No contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee engaged in the performance of work under this contract or any subcontract hereunder, or engaged in the procurement, manufacture, assembling or furnishing or any such materials, equipment, supplies or services to be acquired under such contract, on account of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex; c. There may be deducted from the amount payable to the contractor by the contracting public agency, under this contract, a penalty of $50.00 for each person for each calendar day during which such person is discriminated against or intimidated in violation of the provisions of the contract; and d. This contract may be canceled or terminated by the contracting public agency, and all money due or to become due hereunder may be forfeited, for any violation of this section of the contract occurring after notice to the contractor from the contracting public agency of any prior violation of this section of the contract.

PROVISIONS CONCERNING CHANGED CONDITIONS CONTRACTS

(N.J.S.A. 40A:11-16.7)

(1) If the contractor encounters differing site conditions during the progress of the work of the contract, the contractor shall promptly notify the contracting unit in writing of the specific differing site conditions encountered before the site is further disturbed and before any additional work is performed in the impacted area. (2) Upon receipt of a differing site conditions notice in accordance with paragraph (1) of this subsection, or upon the contracting unit otherwise learning of differing site conditions, the contracting unit shall promptly undertake an investigation to determine whether differing site conditions are present. (3) If the contracting unit determines different site conditions that my result in additional costs or delays exist, the contracting unit shall provide prompt written notice to the contractor containing directions on how to proceed. (4) (a) The contracting unit shall make a fair and equitable adjustment to the contract price and contract completion date for increased costs and delays resulting from the agreed upon differing site conditions encountered by the contractor. (b) If both parties agree that the contracting unit’s investigation and directions decrease the contractor’s costs or time of performance, the contracting unit shall be entitled to a fair and equitable downward adjustment of the contract price or time of performance. (c) If the contracting unit determines that there are no differing site conditions present that would result in additional costs or delays, the contracting unit shall so advise the contractor, in writing, and the contractor shall resume performance of the contract, and shall be entitled to pursue a differing site conditions claim against the contracting unit for additional compensation or time attributable to the alleged differing site conditions. (5) Execution of the contract by the contractor shall constitute a representation that the contractor has visited the site and has become generally familiar with the local conditions under which the work is to be performed. (6) As used in this subsection, “differing site conditions” mean physical conditions at the contract work site that are subsurface or otherwise concealed and which differ materially from those indicated in the contract documents or are of such an unusual nature that the conditions differ materially from those ordinarily encountered and generally recognized as inherent in the work of the character provided for in the contract. b. A contract subject to this section shall include the following suspension of work provisions: (1) The contracting unit shall provide written notice to the contractor in advance of any suspension of work lasting more than 10 calendar days of the performance of all or any portion of the work of the contract. (2) If the performance of all or any portion of the work of the contract is suspended by the contracting unit for more than 10 calendar days due to no fault of the contractor or as a consequence of an occurrence beyond the contracting unit’s control, the contractor shall be entitled to compensation for any resultant delay to the project completion or additional contractor expenses, and to an extension of the suspension, notifies the contracting unit, in writing, of the nature and extent of the suspension of work. The notice shall include available supporting information, which information may thereafter be supplemented by the contractor as needed and as may be reasonably requested by the contracting unit. Whenever a work suspension exceeds 60 days, upon seven days, written notice, either party shall have the option to terminate the contract for cause and to be fairly and equitably compensated therefor. (3) Upon receipt of the contractor’s suspension of work notice in accordance with paragraph (2) of this subsection, the contracting nit hall promptly evaluate the contractor’s notice and promptly advise the contractor of its determination on how to proceed in writing. (4) (a) If the contracting unit determines that the contractor is entitled to additional compensation or time, the contracting unit shall make a fair and equitable upward adjustment to the contract price and contract completion date. (b) If the contracting unit determines that the contractor is not entitled to additional compensation or time, the contractor shall proceed with the performance of the contract work, and shall be entitled to pursue a suspension of work claim against the contracting unit for additional compensation or time attributable to the suspension.

IMPORTANT

IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT DORIS DUDEK, DIRECTOR OF PURCHASING

ddudek@cityofpassaicnj.gov (973) 365-5722

FAX (973) 472-0436

BIDDING REQUIREMENTS The following is a checklist of items which must be submitted with bid proposal. Initial each required entry and if required, submit the item 1. Non-Collusion Affidavit _________ 2. Stockholder Disclosure Certification _________ (Corporation Statement) 3. Required Evidence Affirmative Action Regulations * _________ 4. Qualification Questionaire _________ 5. List of Sub-Contractors (if applicable) _________ 6. Disclosure of Investment Activities in Iran Certification _________ 7. Business Registration Certificates: Contractor and * _________ Sub-Contractors must be registered at time of contract award. (Refer to Instruction to Bidders) 8. Acknowledgment of Receipt of Addenda _________

* Statutorily allowed to be provided with bid OR prior to execution of contract.

Print Full Name    Title   

Signature    Date   

NON-COLLUSION AFFIDAVIT

State of New Jersey County of___________________ ss: I,_______________________residing in________________________________ (name of affiant) (name of Municipality)

in the County of_________________and State of ________________________of full age, being duly sworn according to law on my oath depose and say that: I am____________________of the firm of______________________________ (title or position) (name of firm)

______________________________the bidder making this Proposal for the bid proposal entitled________________________, and that I executed the said proposal with full (title of bid proposal)

authority 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 named project; and that all statements contained in said proposal and in this affidavit are true and correct, and made with full knowledge that the City of Passaic relies upon the truth of the statements contained in said proposal and in the statements contained in this affidavit in awarding the contract 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_________________________________ ___________________________________. Subscribed and sworn to before me this day ________________,20___ ________________________________ (Type or print name of affiant under signature)

______________________ Notary Public of My Commission expires_____________________20___

CORPORATION STATEMENT STATEMENT OF INDIVIDUAL(S) OWING 10% OR MORE OF STOCK OR INTEREST IN

THE BIDDER’S BUSINESS ENTITY

This statement is a mandatory requirement of bid submission pursuant to N.J.S.A. 52:25-24.2 Failure to complete and submit will result in disqualification of the bid

Page 1 of 2

Part A – Check the Yes or No boxes for questions #1 and # 2 as appropriate

Name of Bidder/Proposer Organization: 

  

Yes  No 

1.  Are there any individuals, corporations or partnerships, or other business entities that own a 10% or greater interest in the bid/proposal? 

   

2.  Is the bidder/proposer incorporated as a not‐for‐profit organization.     

If the answer to question #1 is NO or the answer to question #2 is YES, execute the certification in Part D No other information is required.  All others continue with Part B 

Part B: Disclose the identifying information related to all individuals, partnerships and/or corporations owning a 10% or greater interest in the bidder/proposer. Use the reverse side if more space is needed. If the owner of 10% or more is:

An individual, insert only the person’s name under Name of Individual and their home address. Any other entity, insert the entity’s name and business address. For any parent entity that is publicly traded,

“Interest” includes beneficial interest; see also Part C. If any 10% or more owner, including if the bidder has a direct or indirect parent entity at any level of ownership who owns more than 10%, that owner must also be listed. Questions concerning ownership disclosure should be considered by the bidder’s legal advisors and review of the statute and its related case law. Use page 2 if additional space is needed. When complete, execute the Certification in Part D. Name of Individual or Business Entity  Home (for individuals) or Business Address 

  

 

  

 

  

 

Part C: Publicly Traded Parent Company Disclosure. Ownership disclosure (name and address) can be met by submitting the last annual filing of an SEC or similar foreign regulator document or providing the website link to such documents, and include relevant page numbers. See N.J.S.A. 52:25-24.2. Continue on Page 2 if more space is needed.

Title of Attached Document or Weblink  Page # 

   

   

Part D: Certification I, being duly sworn upon my oath, hereby represent that the foregoing information and any Attachments thereto to the best of my knowledge are true and complete. I acknowledge: that I am authorized to execute this certification on behalf of the bidder/proposer; that the City of Passaic is relying on the information contained herein and that I am under a continuing obligation from the date of this certification through the completion of any contracts with City of Passaic to notify the City of Passaic in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it will constitute a material breach of my agreement (s) with, and permitting the City of Passaic to declare any contract (s) resulting from this certification void and unenforceable. Full Name (Print):    Title:   

Signature    Date:   

Subscribed and sworn before me this ________day of ________20 __________________________ (Affiant) My Commission expires: (Corporate Seal)

CORPORATION STATEMENT Continuation from Page 1

Page 2 of 2

Part B Continued – If necessary, continue entering the identifying information related to the individuals, partnerships and/or any form of corporation owing a 10% or greater interest in the bidder/proposer. If the owner of 10% or more is:

An individual, insert only the person’s name under Name of Individual and their home address. Any other entity, insert the entity’s name and business address. For any parent entity that is publicly traded,

“interest” includes beneficial interest; see also Part C. If any 10% or more owner, including if the bidder has a direct or indirect parent entity at any level of ownership who owns more than 10%, that owner must also be listed. When done execute the Certification in Part D on Page 1.

Name of Individual  Home or Business Name  Address 

  

   

  

   

  

   

  

   

  

   

  

   

  

   

Part C Continued: Publicly Traded Parent Company Disclosure. If necessary, continue entering here if compliance is being met by document submission or provide the website link to the documents, and including the relevant page numbers. When done, execute the Certification in Part D on page 1.

Title of Attached Document or Weblink  Page # 

  

 

  

 

  

 

  

 

  

 

  

 

  

 

  

 

   

 

  

 

STATE OF NEW JERSEY DEPARTMENT OF THE TREASURY DIVISION OF PURCHASE AND PROPERTY

33 WEST STATE STREET, P.O. BOX 230 TRENTON, NEW JERSEY 08625-0230

DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN FORM

BID SOLICITATION#: VENDOR/BIDDER:

PART I

CERTIFICATION VENDOR/BIDDER MUST COMPLETE PART 1 BY CHECKING ONE OF THE BOXES FAILURE TO

CHECK ONE OF THE BOXES WILL RE NDER THE PROPOSAL NON-RESPONSIVE

Pursuant to Public Law 2012, c. 25, any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest, under penalty of perjury, that neither the person nor entity, nor any of its parents, subsidiaries, or affiliates, is identified on the Department of the Treasury's Chapter 25 list as a person or entity engaged in investment activities in Iran. The Chapter 25 list is found on the Division 's website at htt p://www.state.nj.us/trcasury/purchase/pd f/Chaptcr25List. pdf. Vendors/Bidders must review this list prior to completing the below certification. Failure to complete the certification will render a Vendor's/Bidder's proposal non-responsive. If the Director of the Division of Purchase and Property finds a person or entity to be in violation of the law, s/he shall take action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party.

CHECK THE APPROPRIATE BOX

A. I certify)', pursuant to Public Law 2012, c. 25, that neither the Vendor/Bidder listed above nor any of its parents, subsidiaries, or affiliates is listed on the N.J. Department of the Treasury's list of entities determined to be engaged in prohibited

OR activities in Iran pursuant to P.L. 2012, c. 25 ("Chapler25 List"). Disregard Part 2 and complete and sign the Certification below.

B. I am unable to certify as above because the Vendor/Bidder and/or one or more of its parents, subsidiaries, or affiliates is listed on the Depa11ment's Chapter 25 list. I will provide a detailed, accurate and precise description of the activities in Part 2 below and sign and complete the Certification below. Failure to provide such information will result in the proposal being rendered as nonresponsive and appropriate penalties, fines and/or sanctions will be assessed as provided by law.

PART2

PLEASF: PROVIDE ADDITIONAL INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN

If you checked Box "B" above, provide a detailed, accurate and precise description of the activities of the Vendor/Bidder, or one of its parents, subsidiaries or affiliates, engaged in the investment activities in Iran by completing the boxes below.

ENTITY NAME: RELATIONSHIP TO VENDOR/BIIJDER: DESCRIPTION OF ACTIVITIES: DURATION OF ENGAGEMENT: ANTICIPATED CESSATION DATE:

VENDOR/BIDDER CONTACT NAME: VENDOR/BIDDER CONTACT PHONE No.: Attach Additional Sheets If Necessary.

CERTIFICATION

I , the undersigned, ce1tify that Iam authorized to execute this ce1iification on behalf of the Vendor/Bidder, that the foregoing information and any attachments hereto, to the best of my knowledge are true and complete. I acknowledge that the State of New Jersey is relying on the information contained herein, and that the Vendor/Bidder is under a continuing obligation from the date of this certification through the completion of any contract(s) with the State to notify the State in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification. If I do so, I will be subject to criminal prosecution under the law, and it will constitute a material breach of my agreement(s) with the State, permitting the State to declare any contract(s) resulting from this certification void and unenforceable.

Signature Date

Print Name and Title

DPP Rev. 6.19.17 Page I of I

REQUIRED EVIDENCE AFFIRMATIVE ACTION REGULATIONS

P.L. 1975, C. 127 (N.J.A.C. 17:27)

If awarded a contract, all procurement and service contractors will be required to comply with the requirements of P.L. 1975, (N.J.A.C. 17:27 and N.J.S.A. 10:5-31 et seq.). The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents:

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 date of the letter).

OR 2. A photocopy of approved Certificate of Employee Information Report.

OR 3. An Affirmative Action Employee Information Report (Form AA302)

OR 4. All successful construction contractors must submit within three days of the signing

of the contract an Initial Project Manning Report (AA201) for any contract award that meets or exceeds the Public Agency bidding threshold (available upon request).

NO FIRM MAY BE ISSUED A CONTRACT UNLESS IT COMPLIES WITH THE AFFIRMATIVE ACTION REGULATIONS OF P.L. 1975, C. 127.

The following questions must be answered by all bidders: 1. Do you have a federally-approved or sanctioned Affirmative Action Program?

Yes___________ No___________ If yes, please submit a copy of such approval.

2. Do you have a Certificate of Employee Information Report Approval?

Yes___________ No___________ If yes, please submit a copy of such certificate. The undersigned contractor certifies that he is aware of the commitment to comply with the requirements of P.L. 1975, C127 and agrees to furnish the required documentation pursuant to the law. Company________________________ Signature_____________________ Title:___________________________ Note: A Contractor’s bid must be rejected as non-responsive if a contractor fails to comply with the requirements of P.L. 1975, c. 127, within the time frame.

1

LIST OF SUB-CONTRACTORS 1) If this project is to be awarded as a single prime general construction contract, bidders who propose to use subcontractors for any of the specialized sub-prime contracts, (i.e., electrical, HVAC, plumbing, and structural steel/ornamental iron) must list below each subcontractor to be used to accomplish said specialized sub-prime contract work, setting forth: (1) the Name and Address of the prime subcontractor; (2) the Scope of Work of that prime subcontractor. 2) All potential bidders who intend to use “in-house plumbers” to perform the plumbing work on the contract, are required to comply with N.J.S.A. 45:14C-2 and N.J.A.C. 13:32-1.3. These provisions restrict a licensed master plumber from being utilized as a company employee and applying for a plumbing permit, unless that licensed master plumber holds not less than 10% of the issued corporate stock, or 10% of the partnership capital of a partnership. 3) If the project’s scope of work does involve any of the specialty trade categories below, but will be done “in-house” by the General Contractor or a qualified, licensed employee(s), where required, or by such other employee(s) on the contractor’s payroll, write the word “In-House” and provide the name(s) and license numbers(s) where required, or the name(s) of those employees(s) in each of the appropriate spaces below. (PLEASE FILL OUT IN TOTALITY, to avoid automatic rejection of the bid.) I, or We________________________________________________________________ (name of company) in compliance with Section 16 of P.L. 1971 c 198 (C40:A11-16) as amended by P.L. 1997, c 408 adopted January 19, 1998, hereby certify that I/We will employ the following subcontractors for this project:

Subcontractors who will be used on this project in the four (4) specialty trade categories, as applicable to the contract, as noted below:

NOTE: IF THE PROJECT’S SCOPE OF WORK DOES NOT INVOLVE ANY OF THE SPECIALTY TRADE CATEGORIES BELOW, PLEASE WRITE THE WORD “NONE” IN EACH APPROPRIATE SPACE(S) PROVIDED

Category of Work

Name and Address of Subcontractor

Scope of Work

Plumbing and Gas Fitting and all kindred work

Name of Plumber ___________________________ License #__________________ Tax ID #__________________

2

Category of Work

Name and Address of Subcontractor

Scope of Work

Steam Power Plants, Steam and Hot Water Heating & Ventilating Apparatus, and all kindred work

Name of HVAC ____________________ Tax ID # ________________________

Electrical Work

Name of Electrician __________________ License #_____________ Tax ID #___________________

Structural Steel and Ornamental Iron Work

Name __________________________ Tax ID # ___________________________

ALL Other Subcontractors

Name ___________________________ Tax ID # ___________________________

Failure to complete this form will result in a disqualification of the bid. _________________________________________ (Contracting Company Name) by:_______________________________________ print name:________________________________ (SEAL) title:______________________________________

3

CITY OF PASSAIC PASSAIC COUNTY

PREVAILING WAGE AFFIDAVIT (If Applicable)

The successful bidder agrees to comply with the New Jersey Prevailing Wage Act, N.J.S.A. 34:11-56.25 (P.L. 1963, Chapter 150) for contracts entered into with the City of Passaic. The successful bidder and any of its sub contractors shall be obligated to pay the prevailing wage, to submit certified payrolls as documentation of compliance, and to permit on-site monitoring. The bidder’s signature on this proposal is his guarantee that neither he or any subcontractor he might employ to perform the work covered by this bid are listed or are on record in the Office of the Commission of the New Jersey Department of Labor as one who has failed to pay prevailing wages in accordance with the provisions of this act. The successful bidder agrees to indemnify and hold harmless the City of Passaic, the governing body, agents and employees of and from any and all liability for damages and attorney fees associated with a New Jersey Department of Labor investigation and/or determination that the New Jersey Prevailing Wage Act was not complied with. Signed this__________day of__________________. 20_____ as a binding act ___________________________ Name of Company ___________________________ Authorized signature & title ___________________________ Print - Authorized name & title ______________________ Witness

4

CONTRACTOR’S QUALIFICATION STATEMENT

EXPERIENCE, EQUIPMENT AND FINANCIAL QUALIFICATIONS

The signatory of this proposal guarantees the truth and accuracy of all statements and of all answers to interrogatories hereinafter made. 1. How many years have you been in business under your business name?

_____________________________________________________ 2. What projects of similar nature has your organization completed.

Name of Name & Address Type of Amount of Date Owner persons in project Contract Complete ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________

3. Have you, your company, or any organization of which you have been a responsible

officer or agent, ever failed to complete any work awarded to you? If yes, when?

______________________________________________________________ ______________________________________________________________

4. Have you, or your company ever defaulted on a contract?

______________________________________________________________ 5. Has your company ever been adjudged a bankrupt, or been subject to a receivership or an

order of reorganization?

______________________________________________________________

6. Have you or your company ever not been awarded a contract for reasons other than not being the lowest bidder? If yes, when and why?

_________________________________________________________________

5

7. Have any legal action occurred within the last five (5) years involving your company or its employees. If yes, when and why? __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ 8. Itemize construction equipment owned:

_______ ______ ______ ______ ______ Date___________________ Name of Bidder_______________________ Address_____________________________ ___________________________________ Telephone #_________________________

6

CITY OF PASSAIC

ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA

This form must be submitted whether or not addenda were issued. If no addenda were issued, check the “No addenda were received box” and complete the signature section. Addendum Number/Description  Dated  Acknowledge Receipt 

(Initial) 

  

   

  

   

  

   

  

   

  

   

No addenda were received Name of Bidder:  

 

By:  

 

(Signature of Authorized Representative) 

Name:  

 

Title:  

 

Date: