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Carteret Ferry Terminal Bid Documents
BID #: N/A
DUE: 5/20/2022
VALUE: $580,000.00
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Executive Summary
The Borough of Carteret is seeking bids for the Bulkhead Installation at the Future Carteret Ferry Terminal at Arthur Kill. The project involves the installation of permanent steel sheet piles and a steel cap. All work must be completed within 90 calendar days from the Notice to Proceed. Bids must be submitted to the Borough Clerk by May 20, 2022, at 10:00 am, and must include a Statement of Consent of Surety and a Proposal Bond or Certified Check for 10% of the total bid price (up to $20,000.00).
Web Content
Carteret Ferry Terminal Bid Documents Sheet Pile Wall Plans Sheet Pile Wall Engineer’s Estimate Certified Sheet Pile Wall Specifications
Document Text
--- Document: Sheet Pile Wall Plans ---
PREPARED BY
PLANS FOR
MATTHEW J. WAGNER, P.E.
CONSULTING ENGINEER
BULKHEAD INSTALLATION AT FUTURE
CARTERET FERRY TERMINAL AT ARTHUR KILL
BLOCK 304 LOTS 2.01 AND 2.02,
BOROUGH OF CARTERET
,
MIDDLESEX COUNTY
, NEW JERSEY
11 TINDALL ROAD
MIDDLETOWN, NJ 07748
TEL 732-671-6400
FAX 732-671-7365
YOUR GOALS. OUR MISSION.
www.tandmassociates.com
NEW JERSEY BOARD OF PROFESSIONAL ENGINEERS
AND LAND SURVEYORS
CERTIFICATE OF AUTHORIZATION 24GA27987500
Know what'sbelow.
before you dig.
Call
R
GL
HG
MM
CART-02534
AS SHOWN
CL-1
CONSULTING ENGINEER
NJ
24GE05018200
2
CONSTRUCTION LEGEND
AND GENERAL NOTES
MATTHEW J. WAGNER, P.E.
LICENSED PROFESSIONAL ENGINEER
STATE OF LICENSE No.
OF
SHEET
NO.
REVISIONS
DATE
BY
CHECKED
PROJECT NO.
DRAWING
SCALE
DESIGNED BY
CHECKED BY
DATE
CADD FILE
DRAWN BY
CART02534_SPW_SHT002_LEG.dwg
COPYRIGHT , T&M ASSOCIATES - ALL RIGHTS RESERVED. THE COPYING OR REUSE OF
THIS DOCUMENT OR PORTIONS THEREOF, FOR OTHER THAN THE ORIGINAL PROJECT OR THE
PURPOSE ORIGINALLY INTENDED, WITHOUT THE WRITTEN PERMISSION OF T&M ASSOCIATES
IS PROHIBITED.
2022
BOROUGH OF CARTERET
BOROUGH OF CARTERET, MIDDLESEX COUNTY, NEW JERSEY
CARTERET FERRY TERMINAL AT ARTHUR KILL
(BLOCK 304 LOTS 2.01 AND 2.02)
11 TINDALL ROAD
MIDDLETOWN, NJ 07748
TEL 732-671-6400
FAX 732-671-7365
YOUR GOALS. OUR MISSION.
NEW JERSEY BOARD OF PROFESSIONAL ENGINEERS
AND LAND SURVEYORS
CERTIFICATE OF AUTHORIZATION 24GA27987500
4/29/2022
4/29/2022
5
MARINA STRUCTURE AT
●
●
●
●
●
●
“
”
“
”
“
”
“
”
“
”
ARTHUR KILL
GL
HG
FC
CART-02534
AS SHOWN
STE-1
CONSULTING ENGINEER
NJ
24GE05018200
3
OVERALL SITE PLAN
MATTHEW J. WAGNER, P.E.
LICENSED PROFESSIONAL ENGINEER
STATE OF LICENSE No.
OF
SHEET
NO.
REVISIONS
DATE
BY
CHECKED
PROJECT NO.
DRAWING
SCALE
DESIGNED BY
CHECKED BY
DATE
CADD FILE
DRAWN BY
CART02534_SPW_SHT003_EXC.dwg
COPYRIGHT , T&M ASSOCIATES - ALL RIGHTS RESERVED. THE COPYING OR REUSE OF
THIS DOCUMENT OR PORTIONS THEREOF, FOR OTHER THAN THE ORIGINAL PROJECT OR THE
PURPOSE ORIGINALLY INTENDED, WITHOUT THE WRITTEN PERMISSION OF T&M ASSOCIATES
IS PROHIBITED.
2022
BOROUGH OF CARTERET
BOROUGH OF CARTERET, MIDDLESEX COUNTY, NEW JERSEY
CARTERET FERRY TERMINAL AT ARTHUR KILL
(BLOCK 304 LOTS 2.01 AND 2.02)
11 TINDALL ROAD
MIDDLETOWN, NJ 07748
TEL 732-671-6400
FAX 732-671-7365
YOUR GOALS. OUR MISSION.
www.tandmassociates.com
NEW JERSEY BOARD OF PROFESSIONAL ENGINEERS
AND LAND SURVEYORS
CERTIFICATE OF AUTHORIZATION 24GA27987500
4/29/2022
4/29/2022
5
MARINA STRUCTURE AT
LICENSED PROFESSIONAL ENGINEER
STATE OF LICENSE No.
OF
SHEET
NO.
REVISIONS
DATE
BY
CHECKED
PROJECT NO.
DRAWING
SCALE
DESIGNED BY
CHECKED BY
DATE
CADD FILE
DRAWN BY
CART02534_SPW_SHT004_SHT.dwg
COPYRIGHT , T&M ASSOCIATES - ALL RIGHTS RESERVED. THE COPYING OR REUSE OF
THIS DOCUMENT OR PORTIONS THEREOF, FOR OTHER THAN THE ORIGINAL PROJECT OR THE
PURPOSE ORIGINALLY INTENDED, WITHOUT THE WRITTEN PERMISSION OF T&M ASSOCIATES
IS PROHIBITED.
2022
BOROUGH OF CARTERET
BOROUGH OF CARTERET, MIDDLESEX COUNTY, NEW JERSEY
CARTERET FERRY TERMINAL AT ARTHUR KILL
(BLOCK 304 LOTS 2.01 AND 2.02)
11 TINDALL ROAD
MIDDLETOWN, NJ 07748
TEL 732-671-6400
FAX 732-671-7365
YOUR GOALS. OUR MISSION.
NEW JERSEY BOARD OF PROFESSIONAL ENGINEERS
AND LAND SURVEYORS
CERTIFICATE OF AUTHORIZATION 24GA27987500
4/29/2022
4/29/2022
5
MARINA STRUCTURE AT
GL
HG
FC
CART-02534
AS SHOWN
SHT-1
CONSULTING ENGINEER
NJ
24GE05018200
4
PERMANET SHEETING -
PLAN AND DETAILS
MATTHEW J. WAGNER, P.E.
LICENSED PROFESSIONAL ENGINEER
STATE OF LICENSE No.
OF
SHEET
NO.
REVISIONS
DATE
BY
CHECKED
PROJECT NO.
DRAWING
SCALE
DESIGNED BY
CHECKED BY
DATE
CADD FILE
DRAWN BY
CART02534_SPW_SHT005_BOR.dwg
COPYRIGHT , T&M ASSOCIATES - ALL RIGHTS RESERVED. THE COPYING OR REUSE OF
THIS DOCUMENT OR PORTIONS THEREOF, FOR OTHER THAN THE ORIGINAL PROJECT OR THE
PURPOSE ORIGINALLY INTENDED, WITHOUT THE WRITTEN PERMISSION OF T&M ASSOCIATES
IS PROHIBITED.
2022
BOROUGH OF CARTERET
BOROUGH OF CARTERET, MIDDLESEX COUNTY, NEW JERSEY
CARTERET FERRY TERMINAL AT ARTHUR KILL
(BLOCK 304 LOTS 2.01 AND 2.02)
11 TINDALL ROAD
MIDDLETOWN, NJ 07748
TEL 732-671-6400
FAX 732-671-7365
YOUR GOALS. OUR MISSION.
www.tandmassociates.com
NEW JERSEY BOARD OF PROFESSIONAL ENGINEERS
AND LAND SURVEYORS
CERTIFICATE OF AUTHORIZATION 24GA27987500
4/29/2022
4/29/2022
5
MARINA STRUCTURE AT
GL
HG
FC
CART-02534
AS SHOWN
BOR-1
CONSULTING ENGINEER
NJ
24GE05018200
5
BORING LOGS
MATTHEW J. WAGNER, P.E.
--- Document: Sheet Pile Wall Engineer’s Estimate Certified ---
DATE:
4/28/2022
SEQUENCE
No.
NJDOT ITEM
No.
ITEM DESCRIPTION
UNIT
TOTAL
QUANTITY
UNIT PRICE
TOTAL COST
1
151006M
PERFORMANCE BOND AND PAYMENT BOND
DOLL
1
$8,000.00
$8,000.00
2
153003P
PROGRESS SCHEDULE
LS
1
$5,000.00
$5,000.00
3
154003P
MOBILIZATION
LS
1
$40,000.00
$40,000.00
4
157004M
CONSTRUCTION LAYOUT
DOLL
1
$5,000.00
$5,000.00
5
158045M
FLOATING TURBIDITY BARRIER, TYPE 2
LF
150
$30.00
$4,500.00
6
158072M
OIL ONLY EMERGENCY SPILL KIT, TYPE 1
U
1
$750.00
$750.00
7
201003P
CLEARING SITE
LS
1
$25,000.00
$25,000.00
8
501006P
PERMANENT SHEETING
SF
4,663
$47.50
$221,492.50
9
502003P
FURNISHING EQUIPMENT FOR DRIVING PILES
LS
1
$220,000.00
$220,000.00
10
506003P
STRUCTURAL STEEL
LS
1
$44,000.00
$44,000.00
TOTAL:
$573,742.50
SAY:
$580,000.00
I, MATTHEW J. WAGNER, P. E., CERTIFY
THAT THIS ENGINEER'S ESTIMATE IS ACCURATE AND CORRECT.
MATTHEW J. WAGNER, P.E., STATE OF NJ LICESNE No. GE50182
ENGINEER'S ESTIMATE
BULKHEAD INSTALLATION AT FUTURE CARTERET FERRY TERMINAL AT ARTHUR KILL
BLOCK 304 LOTS 2.01 AND 2.02, BOROUGH OF CARTERET, MIDDLESEX COUNTY, NEW JERSEY
G:\Projects\CART\02534\Estimates\Permanent Sheeting\CART02534_SPW_Estimate.xlsx
Summary
Printed on: 4/29/2022 9:21 AM
Page 1 of 1
--- Document: Sheet Pile Wall Specifications ---
N E W J E R S E Y
Standard Form
Contract & Bond
General Requirements
Bidding Sheets
and
SPECIAL PROVISIONS FOR THE BULKHEAD INSTALLATION
AT FUTURE CARTERET FERRY TERMINAL AT ARTHUR KILL,
IN THE BOROUGH OF CARTERET
MIDDLESEX COUNTY, NEW JERSEY
Bid Date: May 20, 2022
Borough Council
Borough of Carteret
Daniel J. Reiman
Mayor
John P. DuPont, P.E., CME, P.P.
Director of Engineering
P.E. License No. 38617
Carmela Pogorzelski
Borough Clerk
Prepared By:
Matthew J. Wagner, P.E.
P.E. License No. 50182
T&M Associates
11 Tindall Road
Middletown, NJ 07748
Page i
TABLE OF CONTENTS
NOTICE TO BIDDERS ........................................................................................................................................................ 5
SPECIAL PROVISIONS ...................................................................................................................................................... 1
AUTHORIZATION OF CONTRACT ................................................................................................................................. 1
SPECIFICATIONS TO BE USED ....................................................................................................................................... 1
GENERAL ........................................................................................................................................................................... 1
DIVISION 100 – GENERAL PROVISIONS ................................................................................................................... 3
SECTION 101 – GENERAL INFORMATION ............................................................................................................................... 3
101.01 Introduction ...................................................................................................................................................... 3
101.03 Terms ................................................................................................................................................................ 3
101.04 Inquiries Regarding the Project ........................................................................................................................ 5
SECTION 102 – BIDDING REQUIREMENTS AND CONDITIONS .................................................................................................. 5
102.01 Qualification to Bid .......................................................................................................................................... 5
102.02 Bidder Registration and Downloading of the Proposal Documents ................................................................. 6
102.03 Revisions Before Submitting a Bid .................................................................................................................. 6
102.04 Examination of Contract and Project Limits .................................................................................................... 6
102.07 Preparation of the Bid ....................................................................................................................................... 6
102.09 Proposal Bond .................................................................................................................................................. 7
102.10 Submission of the Bid....................................................................................................................................... 7
102.11 Withdrawal of the Bids ..................................................................................................................................... 7
102.13 Consideration of Bids ....................................................................................................................................... 8
102.15 Disqualification of Bidders ............................................................................................................................... 8
102.16 Rejection of All Bids ........................................................................................................................................ 9
102.17 Annual Political Disclosure ............................................................................................................................. 10
SECTION 103 – AWARD AND EXECUTION OF CONTRACT ..................................................................................................... 10
103.03 Release of Proposal Bond ............................................................................................................................... 10
103.04 Execution of the Contract ............................................................................................................................... 10
103.05 Escrow Bid Documents ................................................................................................................................... 10
103.06 Failure to Execute Contract ............................................................................................................................ 10
SECTION 104 – SCOPE OF WORK ......................................................................................................................................... 10
104.01 Intent ............................................................................................................................................................... 10
104.02 Value Engineering ........................................................................................................................................... 11
104.03 Changes to the Contract .................................................................................................................................. 11
SECTION 105 – CONTROL OF WORK .................................................................................................................................... 14
105.01 Authority of the Department ........................................................................................................................... 14
105.02 Responsibilities of the Contractor .................................................................................................................. 15
105.03 conformity with the contract ........................................................................................................................... 15
105.04 Plans and Specifications ................................................................................................................................. 16
105.05 Working Drawings ......................................................................................................................................... 16
105.07 Cooperation with Utilities .............................................................................................................................. 17
SECTION 106 – CONTROL OF MATERIAL.............................................................................................................................. 18
SECTION 106 – CONTROL OF MATERIAL AND EQUIPMENT .................................................................................................. 18
106.01 Source of Supply and Quality Requirements .................................................................................................. 18
106.03 Foreign Materials ............................................................................................................................................ 18
106.03 Foreign Materials and Equipment .................................................................................................................. 18
106.07 Certification of Compliance ........................................................................................................................... 19
106.10 Use of United States Flag Vessels .................................................................................................................. 19
SECTION 107 – LEGAL RELATIONS ...................................................................................................................................... 19
107.01 Legal Jurisdiction ........................................................................................................................................... 19
107.04 New Jersey Contractual Liability Act .............................................................................................................. 20
107.09 Independent Contractor ................................................................................................................................... 20
Page ii
107.11 Risks Assumed by the Contractor ................................................................................................................... 20
107.12 The Contractual Claim Resolution Process .................................................................................................... 21
107.13 Litigation of Claims by the Contractor ........................................................................................................... 21
107.14 Patented Devices, Materials, and Processes ................................................................................................... 21
107.15 Taxes .............................................................................................................................................................. 22
107.17 Communication with the Media ..................................................................................................................... 22
SECTION 108 – PROSECUTION AND COMPLETION ................................................................................................................ 22
108.01 Subcontracting ................................................................................................................................................ 22
108.02 Commencement of Work ................................................................................................................................ 22
108.06 Night Operations ............................................................................................................................................ 23
108.10 Contract Time ................................................................................................................................................. 23
108.11 Modifications to the Contract Time ................................................................................................................ 23
108.12 Right-of-Way Restrictions .............................................................................................................................. 24
108.13 Suspension of Work........................................................................................................................................ 24
108.14 Default and Termination of Contractor’s Right to Proceed ............................................................................ 24
108.15 Termination of Contract .................................................................................................................................. 24
108.19 Completion and Acceptance ........................................................................................................................... 24
108.20 Liquidated Damages ....................................................................................................................................... 24
108.21 Warranties ...................................................................................................................................................... 25
SECTION 109 – MEASUREMENT AND PAYMENT ................................................................................................................... 25
109.01 Measurement of Quantities ............................................................................................................................. 25
109.02 Scope of Payment ........................................................................................................................................... 25
109.03 Payment for Force Account ............................................................................................................................ 25
109.04 Payment for Delay Damages .......................................................................................................................... 25
109.05 Estimates ........................................................................................................................................................ 25
109.07 Bonds Posted in lieu of Retainages ................................................................................................................ 26
109.08 As-Built Quantities ......................................................................................................................................... 26
109.09 Audits ............................................................................................................................................................. 26
109.11 Final Payment and Claims .............................................................................................................................. 26
DIVISION 150 – CONTRACT REQUIREMENTS ...................................................................................................... 29
SECTION 151 – PERFORMANCE BOND AND PAYMENT BOND ............................................................................................... 29
151.03 Procedure ........................................................................................................................................................ 29
SECTION 152 – INSURANCE ................................................................................................................................................. 29
152.04 Measurement and Payment ............................................................................................................................. 29
SECTION 153 – PROGRESS SCHEDULE ................................................................................................................................. 29
153.03 Procedure ........................................................................................................................................................ 29
153.03.01 CPM Progress Schedule ............................................................................................................................ 29
153.03.03 Bar Chart Progress Schedule Update ......................................................................................................... 30
SECTION 155 – CONSTRUCTION FIELD OFFICE .................................................................................................................... 30
SECTION 156 – MATERIALS FIELD LABORATORY AND CURING FACILITY ........................................................................... 30
SECTION 157 – CONSTRUCTION LAYOUT AND MONUMENTS ............................................................................................... 30
157.03 Construction ................................................................................................................................................... 30
157.04 Measurement and Payment ............................................................................................................................. 31
SECTION 158 – SOIL EROSION AND SEDIMENT CONTROL AND WATER QUALITY CONTROL ................................................ 32
158.03 Construction ................................................................................................................................................... 32
SECTION 161 – FINAL CLEANUP .......................................................................................................................................... 32
161.04 Measurement and Payment ............................................................................................................................. 32
DIVISION 200 – EARTHWORK ................................................................................................................................... 33
SECTION 201 – CLEARING SITE ........................................................................................................................................... 33
201.04 Measurement and Payment ............................................................................................................................. 33
SECTION 202 – EXCAVATION .............................................................................................................................................. 33
202.03 Construction ................................................................................................................................................... 33
Page iii
DIVISION 500 – BRIDGES AND STRUCTURES ....................................................................................................... 34
SECTION 501 – SHEETING AND COFFERDAMS ...................................................................................................................... 34
501.02 Materials ......................................................................................................................................................... 34
501.03 Construction ................................................................................................................................................... 34
501.04 Measurement and Payment ............................................................................................................................. 34
SECTION 502 – LOAD BEARING PILES ................................................................................................................................. 34
502.01 Description ..................................................................................................................................................... 34
501.03 Construction ................................................................................................................................................... 35
502.04 Measurement and Payment ............................................................................................................................. 35
SECTION 506 – STRUCTURAL STEEL .................................................................................................................................... 35
506.01 Description ..................................................................................................................................................... 35
506.02 Materials ......................................................................................................................................................... 35
503.03 Construction ................................................................................................................................................... 35
506.04 Measurement and Payment ............................................................................................................................. 35
APPENDIX A ...................................................................................................................................................................... 1
APPENDIX B ...................................................................................................................................................................... 2
APPENDIX C ...................................................................................................................................................................... 3
BID PROPOSAL ................................................................................................................................................................ 4
BID SUBMISSION CHECKLIST ................................................................................................................................ 5
BID PROPOSAL ........................................................................................................................................................... 6
BASIS OF AWARD...................................................................................................................................................... 7
ACKNOWLEDGMENT OF RECEIPT OF ADDENDA ............................................................................................. 1
BUSINESS REGISTRATION CERTIFICATE ............................................................................................................ 2
PUBLIC WORKS CONTRACTOR CERTIFICATE ................................................................................................... 3
OWNERSHIP DISCLOSURE ...................................................................................................................................... 4
DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN ....................................................................................... 5
DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN ....................................................................................... 6
DISCLOSURE OF ELECTION CONTRIBUTIONS ................................................................................................... 7
PROPOSAL BOND ...................................................................................................................................................... 8
CONSENT OF SURETY .............................................................................................................................................. 9
NON-COLLUSION AFFIDAVIT .............................................................................................................................. 10
EQUIPMENT CERTIFICATION ............................................................................................................................... 11
SUBCONTRACTOR IDENTIFICATION ................................................................................................................. 12
SUBCONTRACTOR IDENTIFICATION ................................................................................................................. 13
PREVAILING WAGE COMPLIANCE DECLARATION ........................................................................................ 14
BIDDER’S ACKNOWLEDGEMENT ....................................................................................................................... 15
AMERICAN PRODUCTS CERTIFICATION ........................................................................................................... 17
STATEMENT OF EXPERIENCE AND QUALIFICATIONS .................................................................................. 18
BID FORM ATTACHMENT ..................................................................................................................................... 22
BID PACKET CERTIFICATION ............................................................................................................................... 24
EXHIBITS INDEX ........................................................................................................................................................... 25
EXHIBIT A .......................................................................................................................................................................... 1
EXHIBIT B ........................................................................................................................................................................... 1
EXHIBIT C ........................................................................................................................................................................... 1
EXHIBIT D .......................................................................................................................................................................... 1
EXHIBIT E ........................................................................................................................................................................... 1
EXHIBIT F ........................................................................................................................................................................... 1
STATE FUNDED PROJECT ATTACHMENT 1 ........................................................................................................... 1
SMALL BUSINESS ENTERPRISE UTILIZATION ON WHOLLY STATE FUNDED PROJECTS ................................ 1
Page iv
STATE FUNDED PROJECT ATTACHMENT 2 ........................................................................................................... 1
STATE OF NEW JERSEY EQUAL EMPLOYMENT OPPORTUNITY SPECIAL PROVISIONS FOR WHOLLY
STATE FUNDED PROJECTS ............................................................................................................................................. 1
STATE FUNDED PROJECT ATTACHMENT 3 ........................................................................................................... 1
REQUIREMENTS FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY ON
WHOLLY STATE FUNDED PROJECTS ........................................................................................................................... 1
STATE FUNDED PROJECT ATTACHMENT 4 ........................................................................................................... 1
INVESTIGATING, REPORTING AND RESOLVING EMPLOYMENT DISCRIMINATION AND SEXUAL
HARASSMENT COMPLAINTS ON WHOLLY STATE FUNDED PROJECTS ............................................................... 1
STATE FUNDED PROJECT ATTACHMENT 5 ........................................................................................................... 1
PAYROLL REQUIREMENTS FOR WHOLLY STATE FUNDED PROJECTS ................................................................ 1
STATE FUNDED PROJECT ATTACHMENT 6 ........................................................................................................... 1
AMERICANS WITH DISABILITIES ACT REQUIREMENTS FOR WHOLLY STATE FUNDED PROJECTS ............. 1
Page v
NOTICE TO BIDDERS
Resolution #22-81
A N O T I C E I S H E R E B Y G I V E N that sealed Bid Packets will be received by the Borough of Carteret,
of Middlesex County, State of New Jersey on May 20, 2022, at 10:00 am prevailing time at Borough Hall, 61 Cooke
Avenue, Carteret, New Jersey 07008 at which time and place the Bid Packets will be publicly unsealed and its contents
announced in public for the Bulkhead Installation at Future Carteret Ferry Terminal at Arthur Kill, Block 304
Lots 2.01 and 2.02.
The scope of Work contemplated for the above named Project includes installation of permanent steel sheet piles,
steel cap, as well as all other Work of any type or description necessary for contemplation of the Project, whether or not
specifically described in these Contract Documents. All work on this Contract shall be completed within Ninety (90)
Calendar Days from Notice to Proceed.
The provided Bid Packet must be completed in the manner designated in the Contract Documents, must be enclosed
in a sealed envelope bearing the name and address of the Bidder and the name of the Project on the outside and must be
addressed to Carmela Pogorzelski (pogorzelskic@carteret.net), Borough Clerk. Also, Bid Packets must be accompanied
by a Statement of Consent of Surety from a surety company holding a Certificate of Authorization to do business in the
State of New Jersey and either a Proposal Bond or a Certified Check drawn to the order of the “Borough of Carteret” for
not less than ten percent (10%) of the total bid price amount, except that the check shall not exceed $ 20,000.00. The
successful Bidder is hereby notified that a Performance and Payment Bonds for the full amount of this Project is
required.
The successful Bidder shall be required to comply with the applicable statutory requirements of the Contract
Documents and Plans which include all of the following: (i) N.J.A.C. 17:27; (ii) N.J.S.A. 10:5-31 et seq.; (iii) Business
Registrations (N.J.S.A. 52:32-44); (iv) Prevailing Wage Act (N.J.S.A. 34:11-56.25, et seq.); (v) Public Work Contractor
Registration (N.J.S.A. 34:11-56.48); and (vi) Affirmative Action Requirements (N.J.S.A. 10:5-1, et seq.); and any other legal
requirements applicable to this Project.
The Borough of Carteret intends to award this Project to the lowest Bidder whose Bid Packet is responsive and
complies with its requirements for the Project, provided that in the judgment of the Borough of Carteret is reasonable,
within available funds and in the interest of the Borough of Carteret. The Borough of Carteret reserves the right to reject
any and all Bid Packets to the extent permitted by law. An award will be made, or Bid Packets will be rejected within
sixty (60) Calendar Days after the opening of the Bid Packets, during which time the Bid Packets shall be irrevocable
and unavailable to withdraw by Bidders, unless otherwise extended in the Contract Documents.
The contract shall not be approved until a favorable eligibility determination has been made by the New Jersey
Department of Transportation.
By Order of the Borough of Carteret
BULKHEAD INSTALLATION
AT FUTURE CARTERET FERRY TERMINAL AT ARTHUR KILL
PAGE 1 OF 36
SPECIAL PROVISIONS
FOR
STATE AID PROJECTS
BULKHEAD INSTALLATION
AT FUTURE CARTERET FERRY TERMINAL AT ARTHUR KILL,
IN THE BOROUGH OF CARTERET
MIDDLESEX COUNTY, NEW JERSEY
State Job No. 6601315
AUTHORIZATION OF CONTRACT
The Contract for this project is authorized by the provisions of local public contracts law, NJSA 40A: 11-1 et seq.
SPECIFICATIONS TO BE USED
The 2019 Standard Specifications for Road and Bridge Construction, of the New Jersey Department of Transportation
(Department) as amended herein will govern the construction of this Project and the execution of the Contract.
These Special Provisions consist of the following:
Pages 1 to 36 inclusive.
The following additional project specific Attachments are located at the end of these Special Provisions:
State wage rates may be obtained from the New Jersey Department of Labor & Workforce Development
(Telephone: 609-292-2259) or by accessing the Department of Labor & Workforce Development’s website at
https://www.nj.gov/labor/wagehour/wagerate/prevailing_wage_determinations.html. The State wage rates in effect at the
time of award are part of this Contract, pursuant to Chapter 150, Laws of 1963 (N.J.S.A. 34:11-56.25 et seq.).
In the event it is found that any employee of the contractor or any subcontractor covered by the contract, has been paid a
rate of wages less than the minimum wage required to be paid by the contract, the contracting agency may terminate the
contractor's or subcontractor's right to proceed with the work, or such part of the work, as to which there has been a
failure to pay required wages and to prosecute the work to completion or otherwise. The contractor and his sureties shall
be liable to the contracting agency for any excess costs occasioned thereby.
GENERAL
All awards shall be made subject to the approval of the New Jersey Department of Transportation. No construction shall
start before approval of said award by the New Jersey Department of Transportation. Prior to the start of construction
the contractor must submit a Material Questionnaire (SA-11) listing all sources of materials. Any materials used on the
project from a non-approved New Jersey Department of Transportation source will be considered non-participating. The
contractor is also notified that the District Office, Division of Local Aid and Economic Development must be notified of
the construction commencement date at least three (3) calendar days prior to the start of construction.
Award of contract and subletting will not be permitted to, materials will not be permitted from, and use of equipment
will not be permitted that is owned and/or operated by, firms and individuals included in the report of suspensions,
debarments and disqualifications of firms and individuals as maintained by the Department of the Treasury, Division of
Purchase & Property, Contract Compliance & Administration, Trenton NJ 08625 (609-292-5400).
BULKHEAD INSTALLATION
AT FUTURE CARTERET FERRY TERMINAL AT ARTHUR KILL
PAGE 2 OF 36
Payment for a pay item in the proposal includes all the compensation that will be made for the work of that item as
described in the contract documents unless the "measurement and payment" clause provides that certain work essential to
that item will be paid for under another pay item.
Whenever any section, subsection, subpart or subheading is amended by such terms as changed to, deleted or added it is
construed to mean that it amends that section, subsection, subpart or subheading of the 2019 Standard Specifications
unless otherwise noted.
Whenever reference to page number is made, it is construed to refer to the 2019 Standard Specifications unless otherwise
noted.
Henceforth in this supplementary specification whenever reference to the State, Department, ME, RE or Inspector is
made, it is construed to mean the particular municipality or county executing this contract.
Whenever reference to Title 27 is made, it is construed to mean Title 40.
The following information is located at the end of these Special Provisions:
1.
Small Business Enterprise Utilization on Wholly State Funded Projects. (State Funded Project Attachment 1)
2.
State of New Jersey Equal Employment Opportunity Special Provisions for Wholly State Funded Projects.
(State Funded Project Attachment 2)
3.
Requirements for Affirmative Action to Ensure Equal Employment Opportunity on Wholly State Funded
Projects. (State Funded Project Attachment 3)
4.
Investigating, Reporting and Resolving Employment Discrimination and Sexual Harassment Complaints on
Wholly State Funded Projects. (State Funded Project Attachment 4)
5.
Payroll Requirements for Wholly State Funded Projects. (State Funded Project Attachment 5)
6.
Americans with Disabilities Act Requirements for Wholly State Funded Contracts. (State Funded Project
Attachment 6)
The following additional project specific Attachments are located at the end of these Special Provisions:
•
Freehold Soil Conservation District Certification
•
NJDEP Permit Approvals
•
US Army Crops of Engineers Approval
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DIVISION 100 – GENERAL PROVISIONS
SECTION 101 – GENERAL INFORMATION
101.01 INTRODUCTION
THE FOLLOWING IS ADDED:
Pursuant to N.J.S.A. 27:1B-21.6, the Department intends to enter into a contract for the advancement of the Project.
However, sufficient funds for the Project may not have been appropriated, and only amounts appropriated by law may be
expended. Payment under the Contract is restricted to the amounts appropriated for a fiscal year (FY).
Governing bodies have no legal obligation to make such an appropriation. There is no guarantee that additional funds will
be appropriated. Failure by governing bodies to appropriate additional funds will not constitute a default under, or a breach
of, the Contract. However, if the Department terminates the Contract or suspends work because funds have not been
appropriated, the parties to the Contract will retain their rights for suspension and termination as provided in 108.13,
108.14, and 108.15; except as indicated below.
Do not expend or cause to be expended any sum in excess of the amount allocated in the current fiscal year's Capital
Program (as specified below). The Department will notify the Contractor when additional funding has been appropriated.
Any expenditure by the Contractor which exceeds the amount appropriated is at the Contractor's risk and the Contractor
waives its right to recover costs in excess of that appropriated amount.
101.03 TERMS
THE FOLLOWING TERM IS ADDED:
Full Traffic Access. All work is complete to allow safe unencumbered use of the final paved portion of roadway
throughout the project including but not limited to striping, RPMs, rumble strips, highway lighting, and traffic signals as
determined by the RE.
Federal Aid Project. Any agreement or modification thereof between NJDOT and any applicant and a person for
construction work which is paid for in whole or in part with funds obtained from the Federal government or borrowed on
the credit of the Federal government pursuant to any program involving a grant, contract, loan, insurance or guarantee
under which the NJDOT itself participates in the construction work.
Federal Aid Project Attachments. Attachments to the Contract Special Provision document, used for Federal Aid
Projects.
ADD THE FOLLOWING TERM:
Wholly State Funded Project: Any agreement, contract or modification thereof between local public agencies and a
person for construction work which is paid for in whole or in part with funds obtained from the State government or
borrowed on the credit of the State government pursuant to any program involving a grant agreement, contract, loan,
insurance or guarantee. This term excludes any agreement, contract or modification for construction work which is paid
for in whole or in part with funds obtained from the Federal government.
REVISE THE FOLLOWING TERM:
actual cost: The computed cost using calculations of direct labor, labor fringe benefits, indirect labor costs, insurance,
materials, extraordinary expenses, equipment, profit, overhead, and subcontractors.
THE FOLLOWING TERMS ARE CHANGED AND ADDED TO:
It is the intent of these amendments to the Terms to change all references to the State of New Jersey (and various
Departments and offices thereof) to the Borough of Carteret, and offices with the Borough where context or jurisdiction
dictates otherwise.
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Whenever in these Contract Documents the following defined terms in place of them are used, their intent and meaning
shall be as follows:
Bid Packet. The forms which shall be reviewed, completed and submitted by the Bidder.
Bid Proposal. The form on which the Bidder will submit its bid prices for the Work contemplated.
Bid Proposal Quantity. The quantity indicated in the Bid Proposal less the quantities designated in the project plans as
“if and where directed.”
Business Day. Any day of the year exclusive of Saturdays, Sundays, and Legal Holidays.
Calendar Day. Any day of the year including weekdays, Saturdays, Sundays, and Legal Holidays.
Clarification. Written interpretation issued by the Engineer.
Clerk. The Clerk of the governing body, if the Owner is a County or Municipality.
Contract Documents. The Notice to Bidders, the public advertisement, the Introduction, the Bid Packet Procedures, the
Bid Packet Forms, the Contract Procedures, the Contract Forms, the Work Procedures, the Approved Submittals, Special
Provisions, Specifications, Plans, Standard and Supplementary Specifications, Change Orders, Addenda and
Clarifications.
Differing Site Conditions. Physical conditions at the 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 provide
for in the Contract.
Engineer. The professional engineering representative of the Owner, duly authorized to represent the Owner in the
execution of the Work covered by the term “Engineer” refer to an engineering company or an individual engineer and
their authorized representatives.
Final Completion. The date as certified by the Engineer when (i) the Contractor has completed the construction of the
Project and all punch list items in a neat and workmanlike manner; (ii) the Contractor has fulfilled and satisfied all
obligations to the Owner and the Project in accordance with the Contract Documents; (iii) the Owner has accepted all
Work performed by the Contractor; and (iv) final payment to the Contractor is due.
Inspector. An authorized representative of the Engineer assigned, under the supervision of the Engineer, to the inspection
of the Work.
Material Change. A character change which increases or decreases the Contractor’s cost of performing the Work,
increases or decreases the amount of time by which the Contractor completes the Work in relation to the contractually
required completion date, or both.
Owner. A public body or authority, association, partnership, corporation or individual for whom the Work is to be
performed.
Resident Engineer (RE). The Borough of Carteret and/ or his/her duly authorized representative.
Site / Site of Work. The Project’s location or area at which the Work will be performed by the Contractor.
Specifications. The directions, provisions and requirements contained herein, together with all written agreements
pertaining to the method and manner of performing the Work, or to the quantity or quality of materials to be furnished
under the Contract.
Subcontractor. An individual, firm, or corporation having a direct contract with the Contractor or with any other
subcontractor for the performance of any part of the Work.
Submittals. All drawings, shop drawings, charts, cut sheets, diagrams, illustrations, brochures, schedules, and other data
which are prepared by the Contractor, Subcontractor, manufacturer, supplier or distributor and which illustrate the
equipment, material, or some portion of the Work.
Substantial Completion. As further defined in SUBSECTION 6.2, the date as certified by the Engineer when the
construction of the Project or a specified part thereof is sufficiently completed, in accordance with the Contract
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Documents, so that the Project or specified part can be utilized for the purposes for which it was intended; or if there is
no such certification, the date when final payment is due in accordance with the Contract.
Work. Any and all obligations, duties, and responsibilities necessary to the successful completion of the Project under
the Contract Documents, including the furnishing of all labor, materials, equipment and other incidentals.
Working Day. Any day, exclusive of:
1.
Saturdays, Sundays, and holidays.
2.
Days on which the Contractor is specifically required by the Contract to suspend construction operations.
3.
Days on which the Contractor is prevented by any conditions beyond the control of the Contractor and adverse to
the current controlling operation or operations, as determined by the RE, from proceeding with at least 75 percent
of the normal labor and equipment force engaged on such operation or operations for at least 60 percent of the
total daily time being currently spent on the controlling operation or operations for all shifts.
4.
The allowable workday hours are limited by local Municipal Ordinance. In general, the work is only limited due
to noise nuisance ordinance.
101.04 INQUIRIES REGARDING THE PROJECT
2.
After Award of Contract.
THIS SUBSECTION IS DELETED IN ITS ENTIRETY AND IS REPLACED AS FOLLOWS:
The Contractor shall refer any inquiries regarding the various type of work of this contract in writing via letter or fax to:
John P. DuPont, P.E., CME, P.P.
Director of Municipal Engineering
61 Cooke Avenue, Carteret NJ 07008
Phone: 732.541.3847
Fax:732.541.4504
1.
Before Award of the Contract.
All inquiries shall include the following:
a)
Name of the company
b)
Telephone number, fax number, and contact person, and
c)
Specifics of the inquiry, including anticipated impacts.
The Borough will investigate the information provided in the inquiry and then respond through an addendum
only if determined to be necessary.
All questions should be received no later than 7 business days prior to the date for receipt of bids.
2.
After Award of the Contract submit inquiries to Project Manager through:
John P. DuPont, P.E., CME, P.P.
Director of Municipal Engineering
61 Cooke Avenue, Carteret NJ 07008
Phone: 732.541.3847
Fax:732.541.4504
SECTION 102 – BIDDING REQUIREMENTS AND CONDITIONS
102.01 QUALIFICATION TO BID
THE FOLLOWING IS ADDED:
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For all projects funded, in whole or in part, out of funds from the Local Aid program, each bidder on a construction
contract valued at more than $5,000,000 shall be prequalified by the New Jersey Department of Transportation.
102.02 BIDDER REGISTRATION AND DOWNLOADING OF THE PROPOSAL DOCUMENTS
THIS TITLE AND SUBSECTION ARE DELETED IN ITS ENTIRETY.
102.03 REVISIONS BEFORE SUBMITTING A BID
THIS SUBSECTION IS DELETED IN ITS ENTIRETY AND REPLACED AS FOLLOWS:
The Contractor is advised that addenda will be issued pursuant to N.J.S.A. 40A:11-23(c)(2). Notice of addenda shall be
provided no later than seven days, Saturday, Sundays, or holidays excepted, prior to the date of acceptance of bid. When
addenda and other forms of notice giving revisions and interpretations of the contract documents are mailed or otherwise
transmitted to prospective bidders, acknowledgment thereof must be made by the bidder. Acknowledgment forms must be
fully executed and attached to the Proposal at the time of bidding. If said acknowledgment is not present when bids are
opened and reviewed, the Proposal shall be considered to be irregular and rejected
102.04 EXAMINATION OF CONTRACT AND PROJECT LIMITS
Project Manager:
John P. DuPont, P.E., CME, P.P.
Director of Municipal Engineering
Phone: 732.541.3847
Fax:732.541.4504
Email Address:
dupontj@carteret.net
Mailing Address:
61 Cooke Avenue, Carteret NJ 07008
1.
Evaluation of Subsurface and Surface Conditions.
THE FIRST SENTENCE OF THE FIRST PARAGRAPH OF SUBPARTS (1) AND (2) IS REVISED AS
FOLLOWS:
The Bidder may inspect available records at the Borough Hall, 61 Cooke Avenue, Carteret, New Jersey 07008,
or at such other locations as directed in response to the request.
The second and third paragraphs of Subpart (1) are deleted and replaced as follows:
The Contractor is advised that files, plans, reports or other documents may exist for this site. Such information
as may exist is available for review and inspection at the Borough Hall at the address listed above, or at such
other locations as directed in response to any written request. It is the Contractor’s responsibility to request
review and inspection of such information prior to bidding.
102.07 PREPARATION OF THE BID
THE FIRST AND SECOND SENTENCES OF THE FIRST PARAGRAPH ARE DELETED AND REPLACED AS
FOLLOWS:
The bid is the completed Proposal documents that are submitted by the Bidder to the Borough at the time for the opening
of bids. The Bidder shall submit a Proposal on the forms furnished by the Borough.
THE THIRD, FOURTH, FIFTH, SIXTH AND SEVENTH PARAGRAPHS ARE DELETED.
THE FOLLOWING IS ADDED TO THIS SUBSECTION:
In all instances, the Proposal Form shall govern. Bid prices presented on any other form submitted by the Bidder, if
different from those submitted on the Proposal Form, shall not govern.
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All figures entered in the “Unit Price” and “Amounts” columns and the figure for the “Total Contract Price” shall be in
ink or should be typed. The Bidder may make additions or corrections to the unit prices, lump sum prices, or amounts as
contained on the Proposal Form. These changes should be made in ink and initialed.
The Proposal Form must be signed in ink by the Bidder.
102.09 PROPOSAL BOND
THE SECOND PARAGRAPH OF THIS SUBSECTION IS DELETED IN ITS ENTIRETY AND REPLACED AS
FOLLOWS:
The Proposal, when submitted, shall be accompanied by a proposal bond satisfactory to the Borough, for a sum of ten
percent (10%) of the total amount bid but not in excess of $20,000.00. Alternately, a proposal guarantee may be substituted
for the proposal bond, provided that this guarantee be in an equal amount and provided in the form of a certified check or
cashier’s check made payable to the Borough of Carteret. In the event of default by the Contractor as defined in Subsection
103.06, funds from the proposal bond, or from the alternate proposal guarantee will be forfeited and will be disbursed as
further specified in Subsection 103.06.
A Surety Disclosure Statement and Certification in the form required by N.J.S.A. 2A:44-143 shall accompany the Consent
of Surety at the time of bid. The Borough may, however, in its discretion, allow submission of the Surety Disclosure
Statement and Certification after receipt of bids. Performance and Payment Bonds cannot be accepted by the Borough
unless a Surety Disclosure Statement and Certification complying with N.J.S.A. 2A:44-143 has been provided.
102.10 SUBMISSION OF THE BID
THIS SUBSECTION IS DELETED IN ITS ENTIRETY AND IS REPLACED AS FOLLOWS:
It is the Bidder’s sole responsibility to deliver the Bid Packets to the Owner at the time and at the place designated in the
Notice to Bidders and these Specifications. Bid Packets may be personally delivered, mailed or via overnight services,
however, the Owner disclaims any responsibility for Bid Packets that are not personally delivered.
Sealed Bid Packets will be received by the designated representative identified in the Notice to Bidders in accordance with
the terms of said Notice.
The Bid Packets shall be submitted in a sealed envelope: (1) addressed to the Owner; (2) bearing the name and address of
the Bidder written on the face of the envelope; and (3) clearly marked “Bid Packet” with the Project title and/or Bid Packet
number of the Contract being bid.
102.11 WITHDRAWAL OF THE BIDS
THE FOLLOWING IS ADDED TO THIS SUBSECTION:
In accordance with N.J.S.A. 40A:11-23.3, a Bidder’s request to withdraw its Bid Packet, due to a mistake on the part of
the Bidder, must be made within five (5) Business Days after the opening of the Bid Packets. “Mistake” shall have the
same meaning as provided in N.J.S.A. 40A:11-2 which is “a clerical error that is an unintentional and substantial
computational error or unintentional omission of a substantial quantity of labor, material, or both, from the final Bid
Proposal computation”.
To request the withdrawal of a Bid Packet, the Bidder shall submit a written request for withdrawal by certified or registered
mail to the address to which the Bid Packet was submitted. The request will be effective upon mailing. The request shall
include evidence, including pertinent documents, demonstrating that a mistake was made and was so great a consequence
that:
a) Enforcement of the Contract, if actually made, would be unconscionable.
b) The mistake relates to a material feature of the Bid Packet.
c) The mistake occurred notwithstanding the fact that the Bidder exercised reasonable care in preparation of the Bid
Packet; and
d) The Bidder who made the mistake is able to get relief by way of withdrawing the Bid Packet without serious
prejudice to the Owner, except for the loss of the bargain to the Owner.
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Pursuant to N.J.S.A. 40A:11-23.3(c), the Owner, or its authorized representative and/or legal counsel, shall review the
request for the withdrawal of the Bid Packet. No later than the next meeting of the Owner following the receipt of the
withdrawal request, the individual reviewing the withdrawal request shall make a recommendation to the Owner
concerning the disposition. The Owner shall act upon the request to withdraw the Bid Packet no later than at its’ next
regular meeting.
Upon granting the Bidder’s request to withdraw its Bid Packet, the Owner shall return the Proposal Bond and any other
form of security to the Bidder. Once the decision to approve the withdrawal is made, the Owner shall continue the award
process with the remaining Bid Packets.
Pursuant to N.J.S.A. 40A:11-23.3(f), if the Bidder withdraws a Bid Packet, said Bidder shall be disqualified from future
bidding on the same project, including whenever all bids are rejected pursuant to N.J.S.A. 40A: 11-13.2.
102.13 CONSIDERATION OF BIDS
102.13.01 Bidder Pre-Award Requirements
A. Federal Aid Projects
This section intentionally left blank.
PART C IS CHANGED TO:
C.
All Projects. Prior to the time of contract award:
1.
Submit proof of business registration with the Division of Revenue and Enterprise Services in the New Jersey
Department of Treasury as required by N.J.S.A. 52:32-44. Information on how a business can register and
obtain proof of business registration can be accessed on the internet at www.nj.gov/njbgs.
2.
On the Disclosure of Investment Activities in Iran (Form DC-16) provided by the Department, certify pursuant
to N.J.S.A. 52:32-58, that neither the Bidder, nor one of its parents, subsidiaries, and affiliates (as defined in
N.J.S.A. 52:32-56(e)(3)), is listed on the Department of the Treasury's List of Persons or Entities Engaging in
Prohibited Investment Activities in Iran and that neither is involved in any of the investment activities set forth
in N.J.S.A. 52:32-56(f). If the Bidder is unable to certify, the Bidder shall provide a detailed and precise
description of such activities to the Department.
102.15 DISQUALIFICATION OF BIDDERS
THIS SUBSECTION IS DELETED IN ITS ENTIRETY AND REPLACED AS FOLLOWS:
The Borough may reject a bid submitted by that Bidder if a Bidder is determined by the Borough to lack responsibility. Factors
demonstrating a lack of responsibility include, but are not be limited to:
1.
Pursuant to N.J.S.A. 52:34-15, any collusion discovered amongst Bidders will result in rejection of the Bid
Packets of the Bidders who are participants in such collusion. Those Bidders will not receive recognition as
Bidders in future work of the Owner until reinstatement as a qualified Bidder.
2.
Uncompleted work, which in the judgment of the Borough, might hinder or prevent completion of additional
work if awarded.
3.
Submission of a materially unbalanced bid. A materially unbalanced bid is a bid where there is a reasonable
doubt that award to the Bidder submitting a mathematically unbalanced bid, which is structured on the basis of
nominal prices for some work and inflated prices for other work, will result in the lowest ultimate cost to the
Borough or would result in progress payments to the bidder that would exceed the reasonable value of the work
performed.
4.
Lack of competency or lack of adequate machinery, plant, or other equipment.
5.
Unsatisfactory performance on previous or current contracts.
6.
Questionable moral integrity as determined by the Borough.
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7.
Any other outward actions or lack of action that demonstrates the Bidder is not responsible.
8.
Disqualification, suspension, or debarment of an individual, firm, partnership, corporation, or any combination
as required by N.J.A.C. 16:44-11.1.
9.
Failure to pay, or satisfactorily settle, all bills due for labor, equipment or material on previous contracts.
10.
Default under any previous contract.
11.
Failure to reimburse the Borough for monies owed on any previously awarded contracts
including those where the prospective bidder is a party to a joint venture and the joint venture has failed to
reimburse the Borough for monies owed.
12.
Documented failure to comply with the conditions of permits on previous contracts.
13.
Failure to include Items 1 through 7, 8 (if Work includes construction, alteration, or repair of a public building),
and 9 through 10 on the Bid Submission Checklist in the Bid Packet will require rejection of the Bid Packet.
Failure to include Items 11 through 15 on the Bid Submission Checklist in the Bid Packet may mandate rejection
of the Bid Packet in accordance with applicable law.
14.
Any revisions or attachments of conditions, limitations or provisions to the Bid Packets made by the Bidders will
render such Bid Packets informal and may cause its rejection by the Owner.
15.
Any Bid Packet which does not conform in all material respects to the terms and conditions, specifications, legal
requirements and other provisions of these documents shall be considered unresponsive Bid Packets by the Owner
and shall be rejected as a result.
16.
As stated in 102.11, if the Bidder withdraws a Bid Packet, said Bidder shall be disqualified from future bidding
on the same project, including whenever all bids are rejected pursuant to N.J.S.A. 40A:11-13.2.
17.
More than one (1) Bid Packet for the same work from an individual, firm, partnership, corporation or combination
thereof, under the same or different names shall be cause for rejection of the Bid Packet. Reasonable grounds for
believing that any individual, firm, partnership, corporation or combination thereof, is interested in more than one
Bid Packet for the Work contemplated may cause the rejection of Bid Packet in which such individual, firm,
partnership, corporation or combination thereof is interested.
18.
Pursuant to N.J.S.A. 40A:11-24(b) if the successful Bidder refuses or fails to enter into this Contract within twelve
(12) Calendar Days. Sundays and Holidays excepted, from the Notice of Award, or within such time as otherwise
agreed by Bidder and the Owner, the Owner may then reject the Bid Packet of said Bidder and accept the next
lowest responsive Bid Packet from a responsible Bidder.
102.16 REJECTION OF ALL BIDS
THE FOLLOWING IS ADDED TO THIS SUBSECTION:
The Owner expressly reserves the right to reject all Bid Packets in accordance with N.J.S.A. 40A:11-13.2, or to waive any
minor informality or non-material exception in the Bid Packets in accordance with applicable law.
The Owner reserves the right to reject any Bid Packet from a Bidder who cannot produce documentation of the Bidder’s
qualifications sufficient to allow the Engineer and Owner to determine that the Bidder is qualified and responsible. If the
Owner, after affording the Bidder an opportunity for a hearing, is not satisfied that the Bidder is responsible, the Owner
may reject the Bid Packet.
The Owner reserves the right to delay the rejection of Bid Packets or the award of the Contract for a period not exceeding
sixty (60) Calendar Days from the receipt of Bid Packets.
If, for any reason, the Owner is unable to make an award within sixty (60) Calendar Day period, it shall be lawful for the
Owner and the Bidders and their surety companies to agree upon an extension for making the award.
In the event the Owner shall reject any or all Bid Packets for any reason whatsoever, the Bidders shall not be entitled to
any compensation in connection with the preparation and submittal of the Bid Packets or for any profits that might be
anticipated had the Contract been awarded to the Bidder
THE FOLLOWING SUBSECTION IS ADDED:
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102.17 ANNUAL POLITICAL DISCLOSURE
In accordance with N.J.S.A. 19:44A-20.27, any business entity that has received $50,000 or more cumulatively in contracts
from New Jersey governmental entities in a calendar year is required to file an annual Business Entity (“BE”) disclosure report
with ELEC. These reports are due by March 30 following the year reported. At a minimum, a list of all business entities that
file an annual report will be listed on ELEC’s website at www.elec.state.nj.us. If you have any questions please contact ELEC
at: 1-888-313-ELEC (toll free in NJ) or 1-609-292-8700.
SECTION 103 – AWARD AND EXECUTION OF CONTRACT
103.03 RELEASE OF PROPOSAL BOND
THIS SUBSECTION IS DELETED IN ITS ENTIRETY AND REPLACED AS FOLLOWS:
In accordance with N.J.S.A. 40A:11-24(a):
The Borough will release all Proposal Bonds except those of the 3 lowest Bidders within 10 days after opening of bids,
Sundays and holidays excepted.
The Borough will release the Proposal Bond of the three remaining Bidders within three days, Sundays and holidays
excepted, when the Contract and performance bond and payment bond have been executed and delivered as specified in
103.04, or, if not executed, when other disposition of the matter has been made by the Borough.
103.04 EXECUTION OF THE CONTRACT
THIS SUBSECTION IS DELETED IN ITS ENTIRETY AND REPLACED AS FOLLOWS:
In accordance with N.J.S.A. 40A:11-24(b):
After award or conditional award, the Borough will prepare the necessary contract documents and deliver them to the
successful bidder by certified mail return receipt requested. The Bidder shall then have 10 calendar days from the receipt
of these documents to sign and return the Contract, Performance Bond, Payment Bond, Insurance and Equal
Employment Opportunity Documents. If the contract is not executed by all parties within 21 days, Sunday and holidays
excepted, after the award, this time may be extended upon agreement of the parties.
A form of contract is attached to these Special Provisions as an exhibit.
103.05 ESCROW BID DOCUMENTS
THIS SUBSECTION IS DELETED IN ITS ENTIRETY.
103.06 FAILURE TO EXECUTE CONTRACT
THIS SUBSECTION IS DELETED IN ITS ENTIRETY AND REPLACED AS FOLLOWS:
Failure on the part of the Bidder to whom the contract has been awarded to execute and deliver the contract as provided
for in Subsection 103.04 and the bonds as provided for in Subsection 151.03.01 in the manner and within the time provided
is just cause for the annulment of the award. If the award is annulled for the above reasons, the proposal bond or proposal
guarantee, as described in Subsection 102.09 shall become forfeited and the Borough will proceed to be covered under the
terms of the proposal bond. Award may then be made to the next lowest responsible Bidder, or the work may be re-
advertised and constructed under contract or otherwise, as the Borough may decide.
SECTION 104 – SCOPE OF WORK
104.01 INTENT
THE FOLLOWING IS ADDED TO THIS SUBSECTION:
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The work to be performed under this Contract consists of the installation of permanent sheeting and steel cap.
The work under this project includes all required labor, equipment, material and other incidental and necessary work shown
on the Construction plan and as further described herein in accordance with the Standard Specifications for Road and
Bridge Construction 2019, and these Special Provisions, or as directed by the Engineer.
The intention of the Contract Documents is to describe the complete Project to be constructed in accordance with all the
requirements therein notwithstanding that each and every item required may not be shown on the drawings or mentioned
in the Specifications. The Contract Documents comprise the entire agreement between the Owner and the successful Bidder
and may be amended as described herein.
The Contract Documents are complementary, and what is required by any one of such documents shall be as binding as if
mentioned by all.
Bidders shall use the complete sets of Contract Documents in preparing Bid Packet. Neither the Owner nor the Engineer
assumes responsibility for any errors or misinterpretations resulting from the use of incomplete sets of Contract
Documents.
Environmental Restriction: All Work shall be performed in strict accordance with the approved permits.
104.02 VALUE ENGINEERING
THIS SUBSECTION IS DELETED IN ITS ENTIRETY.
104.03 CHANGES TO THE CONTRACT
104.03.01 Authority to Make Changes
THE FIRST SENTENCE OF THE FIRST PARAGRAPH IS REVISED AS FOLLOWS:
Quantities shown in the proposal are approximate for bidding purposes only and the Borough reserves the right to increase
or decrease quantities, alter or delete items, as needed during the period of the contract.
THE LAST PARAGRAPH IS DELETED.
3.
Changes in the Character of Work.
a.
Differing Site Condition.
THE SECOND PARAGRAPH IS REVISED AS FOLLOWS:
The Borough will make payment for increased costs resulting from a Type 1 or Type 2 Differing Site Condition
as a change in the character of work; however, the Borough will not consider making payment for a differing site
condition unless the resulting change in cost exceeds $7,500. Except, if the Contractor incurs cost as the result of
multiple differing site conditions, with the cost of each separate differing site condition having a value of at least
$1,500 but not more than $7,500, the Borough will consider making payment for such costs if the aggregate cost
of the multiple differing site conditions exceeds $7,500. If the change in cost exceeds these amounts, the Borough
will base the modification on the total cost of the change, and the Borough will not deduct the threshold amount
of $7,500 from the cost of the change.
THE FOLLOWING IS ADDED TO THIS SUBSECTION.
N.J.S.A. 40A:11-16.7 governing changed conditions shall apply to this project. To the extent section 104.03.03
conflicts with N.J.S.A. 40A:11-16.7, the latter shall control. N.J.S.A. 40A:11-16.7 provides:
a. (1) If the Contractor encounters differing site conditions during the progress of the work of the contract, the
Contractor shall promptly notify the Borough 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.
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(2) Upon receipt of a differing site conditions notice in accordance with paragraph (1) of this subsection, or
upon the Borough otherwise learning of differing site conditions, the Borough shall promptly undertake an
investigation to determine whether differing site conditions are present.
(3) If the Borough determines different site conditions that may result in additional costs or delays exist, the
Borough shall provide prompt written notice to the Contractor containing directions on how to proceed.
(4)
(a) The Borough 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 Borough’s investigation and directions decrease the Contractor's costs
or time of performance, the Borough shall be entitled to a fair and equitable downward adjustment of
the contract price or time of performance.
(c) If the Borough determines that there are no differing site conditions present that would result in
additional costs or delays, the Borough 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 Borough 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.
(1) The Borough 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 Borough for
more than 10 calendar days due to no fault of the Contractor or as a consequence of an occurrence beyond
the Borough’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 time, provided that, to the extent
feasible, the Contractor, within 10 calendar days following the conclusion of the suspension, notifies the
Borough, 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 Borough. 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 Borough shall promptly evaluate the Contractor's notice and promptly advise the Contractor
of its determination on how to proceed in writing.
(4)
(a) If the Borough determines that the Contractor is entitled to additional compensation or time, the
Borough shall make a fair and equitable upward adjustment to the contract price and contract
completion date.
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(b) If the Borough 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 Borough for additional compensation or time attributable to the
suspension.
(5) Failure of the Contractor to provide timely notice of a suspension of work shall result in a waiver of a
claim if the Borough can prove by clear and convincing evidence that the lack of notice or delayed notice by
the Contractor actually prejudiced the Borough’s ability to adequately investigate and defend against the
claim.
c.
(1) If the Contractor believes that a change directive by the Borough results in a material change to the
contract work, the Contractor shall so notify the Borough in writing. The Contractor shall continue to
perform all work on the project that is not the subject of the notice.
(2) Upon receipt of the Contractor's change in character notice in accordance with paragraph (1) of this
subsection, the Borough shall promptly evaluate the Contractor's notice and promptly advise the Contractor
of its determination on how to proceed in writing.
(3)
(a) If the Borough determines that a change to the Contractor's work caused or directed by the Borough
materially changes the character of any aspect of the contract work, the Borough shall make a fair and
equitable upward adjustment to the contract price and contract completion date. The basis for any such
price adjustment shall be the difference between the cost of performance of the work as planned at the
time of contracting and the actual cost of such work as a result of its change in character, or as otherwise
mutually agreed upon by the Contractor and the Borough prior to the contractor performing the subject
work.
(b) If the Borough determines that the Contractor is not entitled to additional compensation or time,
the Contractor shall continue the performance of all contract work and shall be entitled to pursue a
claim against the Borough for additional compensation or time attributable to the alleged material
change.
(4) As used in this subsection, “material change” means a character change which increases or decreases
the Contractor's cost of performing the work, increases or decreases the amount of time by which the
Contractor completes the work in relation to the contractually required completion date, or both.
d.
(1) The Borough may increase or decrease the quantity of work to be performed by the Contractor.
(2)
(a) If the quantity of a pay item is cumulatively increased or decreased by 20 percent or less from the
bid proposal quantity, the quantity change shall be considered a minor change in quantity.
(b) If the quantity of a pay item is increased or decreased by more than 20 percent from the bid proposal
quantity, the quantity change shall be considered a major change in quantity.
(3) For any minor change in quantity, the Borough shall make payment for the quantity of the pay item
performed at the bid price for the pay item.
(4)
(a) For a major increase in quantity, the Borough or Contractor may request to renegotiate the price for
the quantity in excess of 120 percent of the bid proposal quantity. If a mutual agreement cannot be
reached on a negotiated price for a major quantity increase, the Borough shall pay the actual costs plus
an additional 10 percent for overhead and an additional 10 percent for profit, unless otherwise specified
in the original bid.
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(b) For a major decrease in quantity, the Borough or Contractor may request to renegotiate the price
for the quantity of work performed. If a mutual agreement cannot be reached on a negotiated price for
a major quantity decrease, the Borough shall pay the actual costs plus an additional 10 percent for
overhead and an additional 10 percent for profit, unless otherwise specified in the original bid;
provided, however, that the Borough shall not make a payment in an amount that exceeds 80 percent
of the value of the bid price multiplied by the bid proposal quantity.
(5) As used in this subsection, the term “bid proposal quantity” means the quantity indicated in the bid
proposal less the quantities designated in the project plans as “if and where directed.”
104.03.08 Force Account
7.
Equipment.
a.
Contractor-Owned Equipment.
PART 1 IS CHANGED AS FOLLOWS:
1.
The Borough will calculate the “rental” hourly rates by dividing the monthly rate by 176. The Borough
will not use weekly, daily, or hourly rates. The Borough will apply rental hourly rates for every hour the
equipment is in active use, except that for any 30-day period, the Borough will limit the total amount
paid for each piece of equipment to a maximum of the monthly rate.
THE FOLLOWING PART IS ADDED:
6.
The Borough will make payment for costs for transporting equipment to and from the work site, if said
costs are solely required as a direct result of the Force Account activity.
THE SECOND PARAGRAPH IS CHANGED TO:
The payment established is full payment for all equipment costs, including the cost of fuel, repairs, maintenance,
depreciation, storage and incidentals.
THE FIRST SENTENCE OF ITEM 8 ‘PROFIT’ IS DELETED AND REPLACED AS FOLLOWS:
The Borough will make payment for profit at the rate of five (5%) percent applied on the following:
THE FIRST SENTENCE OF ITEM 9 ‘OVERHEAD’ IS DELETED AND REPLACED AS FOLLOWS:
The Borough will make payment for overhead at the rate of ten (10%) percent applied on the following:
10. Subcontractors.
THE SECOND PARAGRAPH IS CHANGED TO:
The Borough will make payment for markup on subcontracted work at the rate of 5 percent applied on the total amount of all
costs for subcontracted force account work up to $500,000 and 2% applied on the total amount of all costs for subcontracted
force account work over $500,000.
SECTION 105 – CONTROL OF WORK
105.01 AUTHORITY OF THE DEPARTMENT
105.01.01 RE
REVISE THE SECOND PARAGRAPH TO:
Unless otherwise specified, send correspondence with the Department to the RE. Where correspondence is specified to
be directed to persons other than the RE, send a copy to the RE. Ensure that correspondence complies with the following:
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1.
Assign every correspondence sent to the Department a unique correspondence serial number in the subject line,
numbered sequentially beginning with Contractor Correspondence No. 1.
2.
If the correspondence includes a request for information or asks for an interpretation of the Contract, also assign
a unique RFI serial number in the subject line numbered sequentially beginning with RFI-1.
3.
If the correspondence constitutes a notice of change, assign a unique change notice serial number in the subject
line numbered sequentially beginning with Change Notice No. 1. For subsequent correspondence referring to a
change notice or to the events that are the subject of a previous change notice, refer in the subject line to the
original change notice number.
THE FOLLOWING IS ADDED:
Unless otherwise directed, all communications with the Borough shall be forwarded to the Director of Engineering as
specified in section 101.04 of these Special Provisions, unless otherwise specified in writing from the Borough. For projects
where no specific contact has been designated, all such correspondence shall be forwarded to the Mayor.
All Project related correspondence (i.e., emails, letters, Notice of Changes etc.) shall be forwarded to the RE with a copy
to the Director of Engineering and the .
The designated Borough Project Manager shall also hold the same authority as the RE.
105.01.03 Contractor Performance Evaluation
REVISE SECTION 105.01.03 TO:
This section intentionally left blank.
105.02 RESPONSIBILITIES OF THE CONTRACTOR
105.02.05 Civil Rights Requirements
REVISE SECTION 105.02.05.1 TO THE FOLLOWING :
1. Federal Aid projects. This section intentionally left blank.
105.02.05.2 WHOLLY STATE FUNDED CONTRACTS
REVISE THE FIRST LINE TO THE FOLLOWING:
2. Wholly State Funded Contracts. When applicable for wholly State Funded contracts under the jurisdiction of
New Jersey Statutes N.J.S.A. 10:5-31 et seq., State EEO regulations and goals apply as specified in State
Funded Project Attachments 1 to 6 of the Special Provisions.
THE FOLLOWING IS ADDED TO THE FIRST PARAGRAPH:
All bidding Contractors, and their respective subcontractors on publicly bid municipal public works projects so
designated for new construction shall be required to independently, or through agreement with other organizations,
provide craft training for journeymen and apprentice levels through a bona fide program approved by and registered with
the U.S. Department of Labor's Bureau of Apprenticeship and Training or a similar New Jersey Apprenticeship Agency.
In order to ensure compliance with this mandatory requirement, all applicable bid specifications utilized by the Borough
to solicit bids for such work shall include the Bid Form Attachment which is attached hereto under BID PROPOSAL and
made a part hereof.
105.03 CONFORMITY WITH THE CONTRACT
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REVISE THE FIRST SENTENCE OF THE FIRST PARAGRAPH TO: In the event the Contractor discovers a
discrepancy, error, omission, or ambiguity in the Contract, or if the Contractor has any doubt or question as to the intent
or meaning of the Contract, the Contractor must immediately notify the RE.
REVISE THE FOURTH SENTENCE OF THE SIXTH PARAGRAPH TO: If the Department loses funding for the
nonconforming work, on the basis of permitting nonconforming work to remain, the Department will not pay for the
work permitted to remain in place.
105.04 PLANS AND SPECIFICATIONS
THE LAST SENTENCE OF THIS SUBSECTION SHALL BE REPLACED AS FOLLOWS:
In case of conflict between the various parts of the Contract Documents, they shall be interpreted (a) to require the higher,
in terms of quality of materials and workmanship, of the possible interpretations; and (b) in accordance with this sequence
of precedence with the highest listed first:
1) Change Orders
2) Clarifications
3) The Contract
4) Addenda
5) Approved Submittals
6) Details
7) Plans (calculated dimensions will govern over scaled dimensions; Right-of-Way Plans will govern over Plans
when setting monuments)
8) Special Provisions
9) Supplementary Specifications
10) Standard Specifications (Technical Only)
105.05 WORKING DRAWINGS
THE SECOND PARAGRAPH IS DELETED AND REPLACED AS FOLLOWS:
Ensure that working drawing submissions also conform to the NJDOT design manuals and other NJDOT standards for the
proposed work. After Award, the Borough will provide additional formatting information, the number of copies required,
and the designated design unit to which the Contractor shall submit working drawings.
THE FOLLOWING IS ADDED TO THE SECOND PARAGRAPH:
The Contractor shall furnish the RE with four prints (on white background) of each working drawing submitted for review.
If prints are returned for correction, four additional prints of the revised drawings shall be resubmitted until finally reviewed
and certified or approved. Originals of the drawings may be required to be furnished upon completion of the work, if so
directed by the Engineer. Drawings for metal parts or structures shall include a shop bill of material on each individual
drawing showing all pertinent information including weights of all items.
THE REMAINDERS OF THE PARAGRAPHS ARE REVISED AS FOLLOWS:
All references to 22”x 36” working drawings are revised to 24”x 36” working drawings.
TABLE 105.05-1 IS CHANGED TO:
Table 105.05-1 – Working Drawing Submission Category
Certified
Approved
Catalog Cuts
Change in Structural Steel Details
Structural Steel Fabrication
Other work shown on the Plans as conceptual
Steel Sheeting
Temporary Sheeting and Cofferdams
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Paint
Temporary Shielding
Temporary Structures
Value Engineering Plans
Sheet Pile Driving Equipment
Permeant Sheeting
THE FOLLOWING IS ADDED AFTER TABLE 105.05-1:
All drawings described above shall be on 24" x 36" sheets unless otherwise directed by the Engineer. The title block in
the lower right-hand corner shall contain the following information: Name of Project, Contractor, and Fabricator and/or
Supplier.
1.
Certified Working Drawings.
THE LAST SENTENCE OF THE FIRST PARAGRAPH IS CHANGED TO:
The Borough will require 10 days for review and certification or rejection and return of certified working
drawings.
2.
Approved Working Drawings.
THE LAST SENTENCE OF THE FIRST PARAGRAPH IS CHANGED TO:
The Borough will require 10 days for review and approval or rejection and return of working drawings.
105.07 COOPERATION WITH UTILITIES
105.07.01 Working in the Vicinity of Utilities
A.
Initial Notice.
The known utility owners who are located in the vicinity of the Project are:
UTILITIES
SERVICE
OWNER
CONTACT INFORMATION
Electric
Public Service Electric Company
472 Western Canal Road
Somerset, NJ 08873
Attn: Mr. Isidro Buen
Phone: (732) 638-7533
Telephone
Verizon
445 George Road
North Brunswick, NJ 08092
Attn: Mr. Ian Chan
Phone: (732) 683-5146
Cable
Comcast Cable – Construction
Division
800 Rahway Avenue
Union, NJ 07083
Attn: Mr. Richard Gugulski
Phone: (732) 602-7444 ext. 2293
Gas
Elizabethtown Gas Company – Union
Division
520 Green Lane
Union, NJ 07083
Attn: Mr. Gregory Balint
Phone: (908) 289-5000 ext. 4351
Water
Middlesex Water Company
1500 Ronson Road
Iselin, NJ 08830
Attn: Mr. Isidro Buen
Phone: (732) 638-7533
Sewer
Borough of Carteret Sewer Department
Attn: Mr. John Dupont
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339 Roosevelt Avenue
Carteret, NJ 07008
Phone: (732) 541-3847
105.07.02 Work Performed by Utilities
THE FOLLOWING IS ADDED:
It is not anticipated that any utilities will be affected by the project. However, it is the responsibility of the contractor to
contact the utility companies to determine if any utilities will be affected.
SECTION 106 – CONTROL OF MATERIAL
THE SECTION HEADING IS CHANGED TO:
SECTION 106 – CONTROL OF MATERIAL AND EQUIPMENT
106.01 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS
THE FIRST PARAGRAPH IS CHANGED TO:
Ensure that materials furnished for the Project are new, unless otherwise specified in the Contract. Comply with
2 CFR 200.323 – Procurement of recovered materials, ensuring that materials furnished for the Project contain, “the
highest percentage of recovered materials practicable,” where the purchase price of the covered item listed exceeds
$10,000. Use materials that conform to the requirements of the Contract. When required by the Contract, use only products
and suppliers listed on the QPL. Use sources of materials that have been approved by the Department on a Materials
Questionnaire as specified in 106.04.
THE FOLLOWING IS ADDED TO THE END OF THE SUBSECTION:
For telecommunication and video surveillance services or equipment a certification is required to confirm that the
telecommunication and video surveillance services or equipment are not from companies as listed in 2 CFR 200.216.
Ensure that the certification includes the statement that all telecommunication and video surveillance services or equipment
proposed in this project are not produced by companies as listed in 2 CFR 200.216.
106.03 FOREIGN MATERIALS
THE SUBSECTION HEADING IS CHANGED TO:
106.03 FOREIGN MATERIALS AND EQUIPMENT
1.
Wholly State Funded Projects
REMOVE SECTION 106.03.2 Federal Aid Projects
THE FOLLOWING IS ADDED TO THE END OF THE SUBSECTION:
Comply with 2 CFR 200.216 Prohibition on Certain Telecommunication and Video Surveillance Services or Equipment.
Do not provide Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any
subsidiary or affiliate of such entities). Do not provide video surveillance and telecommunications equipment produced
by Hytera Communications Corporation, Hanghzou Hikvision Digital Technology Company, or Dahua Technology
Company (or any subsidiary or affiliate of such entities). Do not provide Telecommunications or video surveillance
services provided by such entities or using such equipment.
Do not provide Telecommunications or video surveillance equipment or services produced or provided by an entity that
the Secretary of Defense, in consultation with the director of the National Intelligence or the Director of the Federal Bureau
of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of
a covered foreign country.
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Do not provide any equipment assembled by others that has an integral component that was manufactured and supplied by
the aforementioned companies.
THE FOLLOWING IS ADDED AFTER THE FIRST PARAGRAPH:
Bidders must fully account for the requirements of N.J.S.A. 40A:11-18 that call for the use and incorporation in the Work
of only manufactured and farm products of the United States of America, wherever they are available. The Contract Sum
will not be increased for any reasons that stem from the Contractor’s failure or neglect to reflect this requirement in its Bid
Proposal and the Contract Sum.
106.07 CERTIFICATION OF COMPLIANCE
THE FOLLOWING IS ADDED TO THIS SUBSECTION:
In the event that materials or assemblies used on the basis of certificates of compliance are sampled and tested and found
to be in nonconformance with the contract requirements, all costs for said tests and for any future tests regarding that same
material, shall be borne by the Contractor. An amount equal to the cost of subject tests may be deducted from the next
regular payment made to the Contractor. This clause shall apply regardless of any certifications that may have been
submitted by the Contractor.
As specified, certifications shall be provided for all materials and/or assemblies required for this contract.
106.10 USE OF UNITED STATES FLAG VESSELS
THE ENTIRE TEXT IS CHANGED TO: This section intentionally left blank.
SECTION 107 – LEGAL RELATIONS
107.01 LEGAL JURISDICTION
107.01.02 Permits, Licenses, and Approvals
THE FOLLOWING IS ADDED:
The Contractor is advised that several permits have been issued for this project. A copy of each permit is included in
Appendices of these Special Provisions.
The Contractor must comply with the terms, conditions and restrictions contained in said permits. The Contractor is
advised that these Permits and any associated permit conditions or restrictions must be strictly adhered to throughout
construction.
No separate payment shall be made for work associated with conformance to permit regulations and conditions, rather,
all costs for same shall be included in the various pay items in the proposal.
The permit approvals received for this project establish the maximum limit of disturbance for the contractors’ work. The
Contractor is responsible for the selection of the appropriate construction access method that meets the conditions of the
various permits while adhering to the project schedule. No additional compensation will be made by the Borough if the
Contractor chooses to use different means and methods to construct the Project.
THE FOLLOWING SUBSECTION IS ADDED:
107.01.04 New Jersey Business Registration Requirements-Construction
The Contractor will comply with the New Jersey Business Registration Requirements for construction, as explained in
Exhibits and as stated in Form of Contract of these Special Provisions.
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107.04 NEW JERSEY CONTRACTUAL LIABILITY ACT
THIS SUBSECTION IS DELETED IN ITS ENTIRETY.
107.09 INDEPENDENT CONTRACTOR
THE SECOND SENTENCE IS CHANGED TO:
It shall neither hold itself out as, nor claim to be, an officer or employee of the Brough by reason hereof.
107.11 RISKS ASSUMED BY THE CONTRACTOR
107.11.01 Risks
Replace the paragraph beginning “Defend and indemnify…” (immediately after Subparagraph 4, entitled Risks of Loss to
Property of Those Performing the Work) with:
The Contractor will indemnify and hold harmless the Borough and their respective servants, volunteers, and agents
(collectively the “Borough”) for and from any and all losses, costs, damages, claims, suits and/or liabilities arising from
any and all State or Federal actions of whatever kind, including Section 1983 claims, including counsel fees and costs of
suit (collectively the “losses’), described in Sections 107.11.3 and 107.11.4 above, to which the Borough may be put by
reason of any claim for damages of any kind to persons, business entities, or property due, in whole or in part, to the
carelessness or negligence of the Contractor. It is the expressed intent of the parties hereto that the Contractor shall defend
and indemnify the Borough even for the Borough’s own alleged or actual partial negligence up to and until such a time as
a trier of fact, be it a judge, jury, or binding arbiter, determines that the losses were the result of the sole and complete
negligence of the Borough.
The Contractor will also indemnify and hold harmless the Borough for and from any and all losses to which the Borough
may be put by reason of the Contractor’s failure to pay its workers, suppliers, or subcontractors for labor or materials
provided to the Borough.
The Contractor further agrees that the Borough reserves its right to monitor and actively participate in the defense of any
and all claims against the Borough, at its own expense, if, in its sole discretion, it chooses to do so.
107.11.02 General Insurance
A.
Policy Requirements.
THE SIXTH, SEVENTH AND EIGHTH SENTENCES ARE DELETED AND REPLACED AS FOLLOWS:
The certificates of insurance shall be on an Acord® form or a substantially similar form. Ensure that insurance
policies are endorsed to provide written notice to the Borough at least 30 days prior to changes to and/or cancellation
of the policies. Upon request, provide the RE with a certified copy of each policy and all applicable endorsements
to each policy.
B.
Types.
1. Comprehensive General Liability Insurance.
THE FOLLOWING IS ADDED:
Ensure the policy names the Borough, its officers, employees and agents as additional insured.
2. Comprehensive Automobile Liability Insurance.
THE FOLLOWING IS ADDED:
Ensure the policy names the Borough, its officers, employees and agents as additional insured.
3. Owner’s and Contractor’s Protective Liability Insurance.
THE THIRD SENTENCE OF THE FIRST PARAGRAPH IS CHANGED TO:
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Ensure the policy names the Borough, its officers, employees and agents as additional insured.
THE FOURTH SENTENCE OF THE SECOND PARAGRAPH IS CHANGED TO:
Ensure the policy names the Borough, its officers, employees and agents as additional insured.
6. Marine Liability Insurance.
THE FOLLOWING LAST SENTENCE IS CHANGED:
Ensure the policy names the Borough, its officers, employees and agents as additional insured.
THE FOLLOWING IS ADDED TO THIS SUBSECTION:
For projects where the total lump sum price for all items is equal or less than $2,000,000.00 the minimum limits for the
various types of insurance are deleted and replaced as follows:
1. Comprehensive General
$1,000,000.00 Per Occurrence
Liability Insurance
$3,000,000.00 Aggregate
2. Umbrella Coverage
Not required, however, may be used to
supplement primary limits
3. Comprehensive Automobile
$1,000,000.00 Each
Liability Insurance
Occurrence CSL
4. Owner’s and Contractor’s
Required
Protective Insurance
5. Workers Compensation and
Statutory
Employer’s Liability Insurance
6. Marine Liability Insurance
$1,000,000.00 Per Occurrence CSL
If construction operations require marine operations, procure appropriate Marine Liability Insurance with a minimum limit
of liability in the amount of $1,000,000.00 per occurrence CSL. Ensure the policy names the Borough, its officers,
employees and agents as additional insured. All other provisions of this Subsection not specifically revised above shall
apply regardless of the total lump sum price bid for all items.
C.
Renewal
THE SUBSECTION IS CHANGED TO FOLLOWING IN ITS ENTIRETY:
Submit certificates of insurance to demonstrate continuous coverage until Acceptance.
Certificates of Insurance for each policy issued from the Contractor must carry evidence that Borough, its officers,
employees and agents have been added to the policies as additional insured.
107.12 THE CONTRACTUAL CLAIM RESOLUTION PROCESS
REPLACE THIS SECTION WITH: This section intentionally left blank.
107.13 LITIGATION OF CLAIMS BY THE CONTRACTOR
THIS SECTION IS DELETED IN ITS ENTIRETY.
107.14 PATENTED DEVICES, MATERIALS, AND PROCESSES
REMOVE THE SECOND PARAGRAPH OF THIS SECTION
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107.15 TAXES
REVISE THE THIRD SENTENCE OF THE FIRST PARAGRAPH OF THIS SECTION TO: The sales tax exemption
does not apply to equipment used for Contract work.
THE FOLLOWING SUBSECTION IS ADDED:
107.17 COMMUNICATION WITH THE MEDIA
Do not communicate with the news media or issue a news release without obtaining a prior written approval from the
Borough.
SECTION 108 – PROSECUTION AND COMPLETION
108.01 SUBCONTRACTING
REMOVE SENTENCE FOUR OF PARAGRAPH TWO OF THIS SECTION.
1.
Values and Quantities.
THE FOLLOWING IS ADDED TO THE FIRST PARAGRAPH:
a.
There are no Specialty Items in this Project.
THE FOURTH PARAGRAPH IS CHANGED TO:
If only a portion of work of an Item is subcontracted, the Department will determine the value of work
subcontracted based on the value of the work subcontracted as indicated in the subcontract agreement and as
shown in a breakdown of cost submitted by the Contractor.
REMOVE PARAGRAPH FOUR OF SECTION 108.01
REVISE SECTION 108.01.3.a TO THE FOLLOWING:
a.
Federal Aid Projects. This section intentionally left blank.
108.02 COMMENCEMENT OF WORK
THIS SUBSECTION IS DELETED IN ITS ENTIRETY AND REPLACED AS FOLLOWS:
Unless otherwise stated, the Contractor shall commence the work herein covered within ten (10) days after the date of the
mailing of a notice to proceed along with the fully executed Contract by the Borough. However, in no case shall the
Contractor commence work until a construction schedule is submitted to and approved by the RE and participation in
preconstruction conference scheduled by the Borugh, unless the Contractor is specifically authorized to commence work
by the Borough in writing.
Should Contractor begin work prior to execution of the Contract by the Borough, such work shall be considered as having
been done by him/her at his/her own risk and as a volunteer. In the event the Board decides to reject the Contract, the
Contractor shall at his/her own expense do such work as is necessary to leave the site in a neat condition to the satisfaction
of the RE. If any of the work done prior to the Borough's rejection affects any existing road or highway, the Contractor
shall at his/her expense restore it to its former condition, or the equivalent thereof, to the satisfaction of the RE. However,
all work done in accordance with the Contract Documents prior to its execution by the Borough will, when he/she executes
the Contract, be considered authorized work and will be paid for as provided in the Contract.
The Contractor shall not be entitled to any additional compensation or an extension of time for any delay, hindrance, or
interference caused by or attributable to commencement of work prior to execution of the Contract by the Borough.
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The Contractor shall notify in writing the Borough, as well as the Fire and Police Departments, First Aid Squads, serving
the Borough of Carteret at least 7 days in advance of beginning construction. Such notification shall include the duration
of project and a description of the methods to be employed to maintain traffic throughout the work site.
In no case will work commence prior to receipt and approval by the Borough of the necessary insurance documents.
108.06 NIGHT OPERATIONS
2.
Visibility Requirements for Workers and Equipment.
THE FIRST PARAGRAPH IS CHANGED TO:
Ensure that workers wear a 360° high-visibility retro reflective safety garment meeting ANSI/ISEA Class 3,
Level 2 standards.
108.10 CONTRACT TIME
THE SUBSECTION IS AMENDED AS FOLLOWS:
All work to be performed by the Contractor specified herein shall be completed within ninety (90) calendar days after the
date of execution of the contract, which date shall be the date when the Notice to Proceed has been sent to the Contractor.
108.11 MODIFICATIONS TO THE CONTRACT TIME
108.11.01 Extensions to Contract Time
A.
Qualifications for Extensions.
REVISE THE SECOND PARAGRAPH TO:
The Department will not extend Contract Time due to Extra Work or other type of delay unless an approved progress
schedule and updates are current as specified in 153.03. The Department will not make payment for delay damages, unless
an approved progress schedule and updates are current as specified in 153.03.
B.
Types of Delays.
2.
Excusable, Non-Compensable Delays.
THE LAST PARAGRAPH IS CHANGED TO:
If approved excusable, non-compensable delays exceed a total of 10 days, the time in excess of 90 days
will become excusable and compensable as specified in 108.11.01.B.3.
CHANGE SECTION 108.11.01.B.3 TO:
3. Excusable, Compensable Delays. Excusable, compensable delays are delays that are the Department’s fault or
responsibility. For excusable, compensable delays, the Department will grant an extension of Contract Time and
will make payment for delay damages.
CHANGE SECTION 108.11.01.B.4 TO:
4. Concurrent Delays. Concurrent delays are separate delays on the critical path that occur at the same time. When
an excusable, non-compensable delay is concurrent with an excusable, compensable delay, the Department will
grant an extension of Contract Time but will not make payment for delay damages. When a non-excusable delay
is concurrent with an excusable delay, the Department will not grant an extension of Contract Time or make
payment for delay damages.
C. Submitting Time Impact Evaluation. If an excusable delay occurs, notify the RE, detailing how the event or cause
is affecting the approved progress schedule that is current at the time the delay occurred. When the full extent of the
impact on the approved progress schedule can be determined, submit a request for an extension of Contract Time to
the RE with a Time Impact Evaluation Form and a CPM fragnet diagram including all additional work, and the
fragnet’s relationship to the approved progress schedule that is current at the time the delay occurred. Clearly identify
how each change or delay is represented by an activity or group of activities. Ensure that the fragnet shows logic
revisions, duration changes, and new activities, including the predecessor and successor relationships.
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The Contractor is considered to have waived its rights to claim an extension of Contract Time, if the Contractor fails
to provide written notice or fails to provide the time impact evaluation.
The RE will evaluate the time impact evaluation. The Department will only extend Contract Time when delay causes
the work to be extended beyond the scheduled Contract Time as specified in 108.10. If the Contractor is already
behind schedule and an excusable delay delays the work beyond the Contract Time as specified in 108.10, the
Department will only extend Contract Time for the amount of time that directly results from the excusable delay. If
the Department determines that an extension of Contract Time is warranted, the Department will extend Contract
Time by a Change Order.
For excusable, compensable delays, submit a request for and documentation supporting the entitlement to compensable
delay damages associated with the delay.
108.12 RIGHT-OF-WAY RESTRICTIONS
THE FOLLOWING IS ADDED:
Borough of Carteret owns and/or is the Contract Purchaser for the properties where the Project Work is specified. There
shall be no disturbance to adjacent properties unless prior approval by the RE.
108.13 SUSPENSION OF WORK
SUBPART (3) OF THIS SUBSECTION IS REVISED AS FOLLOWS
3. Convenience of the Borough. For the convenience of the Borough, the RE may direct, in writing, the
Contractor to suspend all or any portion of the Work for the period of time that the RE determines to be
appropriate.
108.14 DEFAULT AND TERMINATION OF CONTRACTOR’S RIGHT TO PROCEED
LIST ITEM (1) OF THE FIRST PARAGRAPH IS CHANGED TO:
1.
Fails to begin construction operations within 10 days of execution of the Contract.
THE FOLLOWING IS ADDED AFTER THE SECOND PARAGRAPH:
If the Borough directs the Surety to complete the Contract, and the Surety elects to use a completion -contractor to perform
the Work, the Surety must promptly submit to the Borough a request for approval of the proposed completion-contractor
as a subcontractor as per Section 108.01. The Borough has the right to reject a request by the Surety to use the Contractor
as the completion-contractor, either directly or under the direction of a consultant to the Surety. In addition, the Borough
has the right to reject a request by the Surety to contract with employees of the Contractor, directly or under the direction
of a consultant to the Surety, to complete the Contract. The Borough’s right to reject contained in this paragraph is based
on the sole discretion of the Borough.
108.15 TERMINATION OF CONTRACT
108.15.02 For Cause
REVISE PARAGRAPH FIVE TO:
The Department will not make payment for profit and overhead not included in the Contract price for Items for work
completed or partially completed except that the Department may make payment for profit and overhead on work.
108.19 COMPLETION AND ACCEPTANCE
THE FOLLOWING IS ADDED:
No Incentive Payment for Early Completion is specified for this project.
108.20 LIQUIDATED DAMAGES
Liquidated damages are as follows:
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A.
For each calendar day that the Contractor fails to achieve Completion as specified in Subsection 108.10 of
these Special Provisions, the Borough will assess liquidated damages in the amount of $1,000.00.
108.21 WARRANTIES
THE FOLLOWING IS ADDED TO THIS SUBSECTION:
Before final payment is made, as provided for in Subsection 109.11, the Contractor shall furnish Maintenance Bond in a
sum equal to 5% of the final contract price. The Maintenance Bond shall be satisfactory to the Borough and the Bond shall
remain in full force and effect for a period of one (1) year from the date of acceptance of the project by the Borough and
shall provide that the Contractor guarantees to replace all materials furnished that were not furnished in accordance with
the terms of the contract, and make good defects in material or workmanship which become apparent before the expiration
of one (1) year.
SECTION 109 – MEASUREMENT AND PAYMENT
109.01 MEASUREMENT OF QUANTITIES
THE LAST PARAGRAPH IS CHANGED TO:
The Department does not typically measure quantities for Proposal Items, except quantities designated on the Plans as “if
and where directed,” for payment. The Contractor or the RE can measure Proposal Items for payment. If making a
measurement for a change in payment, submit drawings, calculations, and other information demonstrating the as-built
quantity to the party not initiating measurement. If the difference between the measured quantity and the Contract quantity
is less than or equal to 10 percent of the Proposal quantity, the Department will make payment based on the Contract
quantity. If the difference is more than 10 percent of the Contract quantity, the Department will make payment based on
the measured quantity. For each Item that the Contractor requests a Proposal Item be measured, and it is determined that
the difference between the quantity measured, and the Contract quantity is less than or equal to 10 percent of the Proposal
quantity, the Department will deduct $500.00. The Department will measure quantities for Proposal Items that are
designated on the Plans as “if and where directed” for payment when the RE directs work using the “if and where directed”
quantity.
109.02 SCOPE OF PAYMENT
THE FOLLOWING IS ADDED:
No additional payment will be made for nighttime, weekend or holiday work. All costs for labor, equipment, materials,
rate changes or surcharges by the contractor, subcontractors or third-party entities or other costs incidental thereof
necessary to complete the same shall be included within the respective bid items in the contract.
REVISE THE ENTIRE TEXT OF SECTION 109.03 TO THE FOLLOWING:
109.03 PAYMENT FOR FORCE ACCOUNT
This section intentionally left blank.
109.04 PAYMENT FOR DELAY DAMAGES
REVISE THE FIRST SENTENCE OF SECTION 109.04 TO:
For eligible extensions, the department will make payment for the costs allowed based on the following documentation
submitted by the contractor:
Copies of paid invoices for all allowable specific extraordinary expenses
109.05 ESTIMATES
THIS SUBSECTION IS DELETED IN ITS ENTIRETY AND REPLACED AS FOLLOWS:
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The Contractor shall be advised that partial payments will be made pursuant to N.J.S.A. 2A:30A-2(a).
In response to a monthly invoice from the contractor the RE will determine the approximate quantities of work
satisfactorily completed in accordance with the Contract Documents during the preceding period. Partial payments on
account of such estimates will be made based on the prices bid in the Proposal or as provided by field order, change order
or Supplementary Agreement.
No such estimate or payment shall be required to be made when, in the judgment of the RE, the work is not proceeding in
accordance with the Contract Documents or following the RE giving the Contractor and Surety notice of delay, neglect or
default under Subsection 108.14.
No such estimate or payment shall be construed to be an acceptance of any defective work or improper materials. The RE
upon determining that any payment under a previous estimate was improper, unwarranted, or incorrect for any reason may
deduct the amount of such payment from the subsequent monthly estimate and partial payments made to the Contractor.
From the total amounts ascertained as payable, an amount equal to 2% of the amount due to the Contractor will be deducted
and retained pending completion of the project. The RE will deduct from any monthly estimate and payment and/or the
final payment such amounts as are required to be deducted pursuant to provisions of the contract documents.
109.07 BONDS POSTED IN LIEU OF RETAINAGES
THIS SUBSECTION IS DELETED IN ITS ENTIRETY AND REPLACED AS FOLLOWS:
The Contractor may post bonds in lieu of allowing the deduction of 2% retainage, in accordance with N.J.S.A. 40A:11-16.1
109.08 AS-BUILT QUANTITIES
THIS SUBSECTION IS DELETED AND REPLACED AS FOLLOWS:
Following Completion, the RE will finalize as-built quantities for all pay Items and Extra Work which has been authorized
and incorporated into the Project. When such as-built quantities are completed, they are incorporated into a proposed final
certificate. The Contractor assumes the positive obligation of assisting the RE wherever possible in the preparation of such
as-built quantities.
109.09 AUDITS
THE FIRST SENTENCE IS REVISED TO:
All claims filed are subject to audit at any time following the filing, whether or not part of a suit pending in the courts of
this State pursuant to N.J.S.A. 59:13-1, et seq.
THE FOLLOWING IS ADDED TO THIS SUBSECTION:
Pursuant to N.J.S.A. 52:15C-14(d), relevant records of private vendors or other persons entering into contracts with the
Borough are subject to audit or review by the New Jersey Office of the State Comptroller. Therefore, the Contractor shall
maintain all documentation related to products, transactions or services under the Contract for a period of five years from
the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon
request.
109.11 FINAL PAYMENT AND CLAIMS
THIS SUBSECTION IS DELETED IN ITS ENTIRETY AND REPLACED AS FOLLOWS:
The Final Payment Certificate shows the total amount payable to the Contractor, including therein itemization of said amount
segregated as to pay item quantities, extra work, and any other basis for payment, and also shows therein all deductions made
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or to be made for prior payments, and as required pursuant to the contract documents. All prior estimates and payments are
subject to correction in the final certificate.
The Final Change Order shows all adjustments from estimated to as-built quantities as indicated on the Final Payment
Certificate as well as any other information and/or authorizations typically included in Change Orders pursuant to the
Construction Specifications as added to and amended by these Special Provisions.
The Engineer shall provide the Contractor with the Final Change Order and Final Payment Certificate. Within 30 calendar
days after the Final Change Order and Final Payment Certificate have been provided to the Contractor, the Contractor shall
either:
1.
Sign and return the Final Change Order.
2.
Submit written acceptance of the Final Change Order with exception or reservation as further described
herein.
The Contractor's failure to return the signed Final Change Order or to submit written acceptance of the Final Change Order
with exception or reservation within said 30 calendar days will be construed as an acceptance of the Final Change Order without
exception or reservation. Final payment will be made to the Contractor following acceptance of the Final Change Order by the
Borough in the amount set forth in the Final Payment Certificate.
Execution of the Final Change Order, as evidenced by the Contractor's signature thereon, constitutes acceptance of the Final
Change Order and Final Payment Certificate without exception or reservation. By accepting the Final Change Order as
described, or as described in the preceding paragraph, the Contractor thereby releases the Borough, their agents, officers and
employees from all claims and liabilities of whatsoever nature for anything done or furnished or in any manner growing out of
performance of the work.
If the Contractor submits to the Engineer his written acceptance of the Final Change Order conditioned with exception or
reservation, the acceptance shall contain a release signed by the Contractor in the following form:
In consideration of the above payment pursuant to the Final Change Order, I hereby release the Borough, their
agents, officers, and employees from all claims and liabilities of whatsoever nature for anything done or
furnished or in any manner growing out of performance of the work except for
.
The reservation shall state the specific amounts of the claims being reserved. Failure to state specific amounts shall result in
a waiver of such claims. The Contractor can reserve only those claims properly filed with the Engineer pursuant to Subsection
107.12.01 and not previously resolved. The Contractor waives all claims for which the required notice has not been filed.
If the Contractor conditions his acceptance of the Final Change Order he shall submit with his conditional release information
sufficient to enable the Engineer to determine the facts or contentions involved in the reserved claims. The claims filed by the
Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. As a minimum,
the following information must accompany each claim:
1.
A detailed factual statement of the claim providing all necessary dates, locations and items of work
affected by the claim, and
2.
the date on which facts arose which gave rise to the claim, and
3.
a copy of the correspondence for the specific claim by the Contractor pursuant to Subsection 107.12.01, and
4.
the name, function, and activity of each Borough individual, official or employee involved in or
knowledgeable about such claim, and
5.
the specific provisions of the Contract which support or mitigate against the claim and statement of the
reasons why such provisions support or mitigate against the claim, and
6.
if the claim relates to a decision of the Engineer which Contract leaves to Engineer's discretion or as to which
the Contract provides that the Engineer's decision is final, the Contractor shall set out in detail all facts
supporting his contention that the decision of the Engineer was fraudulent or capricious or arbitrary or is not
supported by substantial evidence, and
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7.
the identification of any documents and the substance of any oral communications relating to such claim,
and
8.
a statement as to whether the additional compensation or extension of Contract Time sought is based on the
operation of the provisions of the Contract or an alleged breach of contract, and
9.
if an extension of Contract Time is sought, the specific days for which it is sought and the basis for such
claim, and
10.
if additional compensation is sought, the exact amount sought and a breakdown of that amount into the
following categories:
. Direct Labor
. Direct Materials
. Job Overhead
. Overhead (general and administrative)
. Subcontractor's Work
. Other categories as specified by the Contractor.
Failure to provide all requested information within the time specified will result in rejection of a claim. The requested
information is in addition to the information provided pursuant to Subsection 107.12.01.
The Contractor may request an additional fourteen (14) calendar days to provide additional information regarding the claims
which he reserved in his acceptance, but all information must be submitted to the Engineer within forty-four (44) calendar days
of the issuance of the Final Change Order.
The Engineer will review the information submitted by the Contractor and attempt to resolve the reserved claims within thirty
(30) calendar days, unless that time period is extended by agreement between the parties.
If the Engineer determines after review of the claims that no further payment is warranted except for the sum indicated in the
Final Payment Certificate, he will so advise the Contractor in writing. Final payment will be made following acceptance of the
Final Change Order by the Borough in the amount set forth in the Final Payment Certificate.
If the parties agree to a resolution of the reserved claims, the Engineer will issue an amended Final Change Order and Final
Payment Certificate which will include all sums previously included in the Final Change Order and Final Payment Certificate
as well as the additional payment being made on the claims. Within fourteen (14) calendar days, the Contractor shall submit
to the Engineer his acceptance or rejection of this amended Final Change Order. If the Contractor wishes to accept the amended
Final Change Order he shall sign and return same. Execution of the amended Final Change Order, as evidenced by the
Contractor's signature thereon, constitutes acceptance of the amended Final Change Order and Final Payment Certificate. By
accepting the amended Final Change Order as described, the Contractor thereby releases the Borough, their agents officers and
employees from all claims and liabilities of whatsoever nature for anything done or furnished or in any manner growing out
of performance of the work. If the Contractor wishes to reject the amended Final Change Order, written notice of his rejection
shall be given to the Engineer. If the Contractor rejects the amended Final Change Order, final payment will be made following
acceptance of the original Final Change Order by the Borough in the amount set forth in the original Final Payment Certificate.
The Contractor's failure to submit any written acceptance or rejection of the amended Final Change Order within said fourteen
(14) calendar days will be construed as a rejection of the amended Final Change Order and final payment will be made to the
Contractor following acceptance of the original Final Change Order by the Borough in the amount set forth in the original Final
Payment Certificate.
Failure of the Contractor to accept any tendered final payment whether based on the original or amended Final Payment
Certificate, shall not affect completion of the contract.
In any case, final payment will not be released until such time as the Contractor provides the Borough with a sworn statement,
on a form provided by the Borough, identifying the project and stating that all employees have been paid in full at the prevailing
wage rate, all suppliers of materials have been paid in full, and that no outstanding obligations exist from the Contractor to any
individual supplier or subcontractor for the furnishing of any labor or materials needed for the performance of the contract.
This requirement is in addition to the requirement for the one year maintenance bond described in section 108.21 Warranties.
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DIVISION 150 – CONTRACT REQUIREMENTS
SECTION 151 – PERFORMANCE BOND AND PAYMENT BOND
151.03 PROCEDURE
151.03.01 Performance Bond and Payment Bond
THIS SUBSECTION IS DELETED IN ITS ENTIRETY AND REPLACED AS FOLLOWS:
Within ten (10) business days of the date of award or conditional award, the bidder to whom the contract has been awarded
shall complete and deliver a Performance Bond and a Payment Bond on forms satisfactory to the Borough of Carteret.
Each bond shall be separate and distinct, and each shall be for a sum equal to the total contract price. The aggregate sum
of both bonds shall therefore equal 200% of the total contract price. The Performance Bond shall be maintained by the
Contractor until closeout of the contract, and the Payment Bond shall be maintained by the Contractor until such time as
any and all claims against the Contractor by Subcontractors, material suppliers, or others have been resolved. In the event
of the insolvency of the Surety, the Contractors shall forthwith furnish and maintain, as above provided, other surety
satisfactory to the Borough.
All alterations, extensions of Contract Time, Extra and additional Work, and other changes authorized by the Contract
documents may be made without securing the consent of the surety or sureties of the bonds.
The surety corporation bonds shall be furnished by only those sureties who meet the requirements set forth in N.J.S.A.
2A:44-143. The bonds shall be accompanied by a certification as to authorization of the attorney-in-fact to commit the
surety company and a true and correct statement of the financial condition of said surety company.
SECTION 152 – INSURANCE
152.04 MEASUREMENT AND PAYMENT
THE SUBSECTION IS DELETED AND REPLACED AS FOLLOW:
•
Railroad Protective Liability Insurance
Not Required
In addition to the requirement of Section 107.11.02 the cost of all insurance shall be included in the unit prices bid for the
various items included in the Bid Proposal.
No separate payment shall be made for the cost of OWNER’S AND CONTRACTOR’S PROTECTIVE LIABILITY
INSURANCE and POLLUTION LIABILITY INSURANCE. All cost of the same shall be included in the unit prices bid
for the various items included in the Bid Proposal.
SECTION 153 – PROGRESS SCHEDULE
153.03 PROCEDURE
153.03.01 CPM PROGRESS SCHEDULE
REVISE THE SIXTH PARAGRAPH TO:
The progress schedule does not constitute notice and does not satisfy the notice requirements. Approval of the schedule
by the RE does not modify the contract or constitute acceptance of the feasibility of the contractor’s logic, activity
durations, or assumptions used in creating the schedule. If the schedule reflects a completion date different than that
specified in 108.10, this does not change the specified completion date. If the re approves a schedule that reflects a
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completion date earlier than that specified as the contract time, the department will not accept claims for additional
contract time or compensation as the result of failure to complete the work by the earlier date shown on the CPM
schedule. Float is the amount of time that an activity may be delayed from its early start without delaying completion.
Float belongs to the project and is not for the exclusive use of the contractor or the department.
153.03.03 BAR CHART PROGRESS SCHEDULE UPDATE
REVISE THE THIRD PARAGRAPH TO:
Approval of the schedule by the RE does not modify the Contract or constitute Acceptance of the feasibility of the
Contractor’s logic, activity durations, or assumptions used in creating the schedule. The progress schedule does not
constitute notice and does not satisfy the notice requirements. Provide 3 color paper copies of a bar chart progress
schedule or similar type that is acceptable to the RE for approval as follows:
THE FOLLOWING IS ADDED TO THIS SUBSECTION:
This type of progress schedule shall be submitted to the RE at or before the Project Preconstruction Conference, which
shall be scheduled at a mutually convenient time shortly after award of contract. The progress schedule shall be satisfactory
to the RE as to form and substance. This schedule shall be graphically depicted, presented in a scale suitable to depict the
percentage of work scheduled for completion at any time. This schedule shall clearly show the various tasks necessary to
complete the project and the interdependence of these tasks to each other. Sufficient tasks shall be included to enable good
project management. Tasks shall be clearly identified, and time estimates shall be developed for each. Each task shall have
an estimated start date and completion date. Those items on the project critical path shall be highlighted or otherwise
identified. Whenever clearing site for advance utility work is required it shall be indicated on the project schedule. The
schedule shall clearly show a project commencement and completion date, shall be properly identified, and shall be signed
and dated by the Contractor.
The Contractor shall include on the progress schedule, or in a separate submission, a schedule of working drawing
submissions.
The Contractor shall update the progress schedule when conditions have changed such as to invalidate the current schedule,
or as directed by the RE.
SECTION 155 – CONSTRUCTION FIELD OFFICE
REPLACE THIS SECTION WITH THE FOLLOWING:
This section intentionally left blank.
SECTION 156 – MATERIALS FIELD LABORATORY AND CURING FACILITY
REPLACE THIS SECTION WITH THE FOLLOWING:
This section intentionally left blank.
SECTION 157 – CONSTRUCTION LAYOUT AND MONUMENTS
157.03 CONSTRUCTION
157.03.01 Construction Layout
THIS SUBSECTION IS DELETED IN ITS ENTIRETY AND REPLACED AS FOLLOWS:
The Contractor shall provide all work required in connection with the layout for construction of the project, using control
points and data shown on the plans. The Contractor shall furnish all necessary qualified personnel and adequate equipment
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to layout all of the lines and grades necessary for the complete construction of the project. Prior to commencement of
construction, the Contractor shall verify the difference in elevation between benchmarks.
The Contractor shall make all necessary computations to establish the exact position of all the work from the control points
which are shown in the plans or furnished by the RE. All the work shall be referenced to baselines which the Contractor
shall establish from the control points, re-establish when necessary and maintain throughout the life of the contract so as
not to delay the RE from making necessary preliminary, interim, and final measurements and from checking the
Contractor’s layout if he/she so desires.
The Contractor shall be responsible for the preservation of all control points furnished by the RE for his/her use in staking
out the work. If such control points are damaged, lost, displaced, or removed, they shall be reset by the Brough and all
costs therefore may be deducted from subsequent payments made to the Contractor.
The Contractor shall be responsible for maintaining the points he/she has established. Any error or apparent
discrepancies found in the plans or specifications shall be immediately called to the attention of the RE in writing for
interpretation prior to proceeding with work.
The Contractor shall be responsible for the finished work conforming to the lines and grades called for in the plans and
specifications and he/she shall correct all errors caused by his/her personnel or Sub-Contractors in his/her employ at no
cost to the Borough at the direction of the RE.
The contractor shall be responsible to verify points, elevations, grades, stakes, benchmarks, utility locations, or any other
item requested by the RE at no cost to the Department.
157.03.02 Monument
THE SUBPART IS CHANGED TO:
Comply with the Map Filing Law N.J.S.A. 46:26B-1 through 8 and N.J.A.C. 13:40-5.1 through 2. Set non-Department
monuments according to the requirements of the agency. Set Department monuments at the specified location and
elevation, and ensure that the monuments are held firmly in place. Excavate so that concrete for the monument base and
sides can be placed against undisturbed in-situ material, ensuring that the base is wider than the shaft. If rock is
encountered, drill into the rock to provide a rock socket to the satisfaction of the RE. Reuse excess excavated material as
specified in 202.03.03.C.1. Place concrete, as specified in 504.03.02.D, and set the reinforcement steel and the monument
marker at the time of the concrete pour. Ensure that the top surface of the monument is level, and the disk is in the true
position. After the concrete has attained strength, punch the disk.
After the monuments have been set, obtain the current horizontal and vertical control datum values on the monument and
submit these values, signed and sealed by the land surveyor, to the RE.
157.04 MEASUREMENT AND PAYMENT
THE THIRD PARAGRAPH IS CHANGED TO:
The Department will adjust payment for CONSTRUCTION LAYOUT based on the final contract amount and will
calculate as follows:
Where:
CL = Adjusted payment for CONSTRUCTION LAYOUT.
CLB = Bid price for CONSTRUCTION LAYOUT.
CO = Original Contract Price.
CF = Final Contract Price.
EF = Total of CLB, Incentive/Disincentives for completion/interim completion, and claim settlements.
EO = Total of CLB,
O
O
F
F
B
E
-
C
)
E
-
(C
CL
CL
=
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THE FOLLOWING IS ADDED:
No separate payment will be made for labor, equipment, re-establishing points, grades, stakes, benchmarks, or any other
item to construct same.
SECTION 158 – SOIL EROSION AND SEDIMENT CONTROL AND WATER QUALITY
CONTROL
158.03 CONSTRUCTION
158.03.02 SESC Measures
19. Oil-Only Emergency Spill Kit.
158.04 Measurement and Payment
THE FOLLOWING IS ADDED:
The contractor shall be responsible for complying with all Permit regulations. The contractor shall be responsible for
warnings, summons, project delays, and all items and costs to re-establish, remedy and comply with the approved
permits.
SECTION 161 – FINAL CLEANUP
161.04 MEASUREMENT AND PAYMENT
THIS SUBSECTION IS DELETED IN ITS ENTIRETY AND REPLACED AS FOLLOWS:
No separate payment shall be made for the cost of final cleanup as provided for in this Subsection, but all costs therefore
shall be included in the prices bid for the various items contained in this Contract.
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DIVISION 200 – EARTHWORK
SECTION 201 – CLEARING SITE
201.04 MEASUREMENT AND PAYMENT
THE FOLLOWING IS ADDED:
The Department will not make payment for the Item CLEARING SITE in excess of three percent (3%) of the total Contract
amount until Completion.
Payment for the item CLEARING SITE will be made periodically as described in Subsection 109.05 based on the
approximate percentage of project completion as determined by the ratio of total payments to date to the original total
contract cost of the project.
No separate payment shall be made for “Remove” or “Relocate” Items. Rather all costs for same shall be included in
the price bid for the item CLEARING SITE
Any work not specifically mentioned under other items and necessary for the satisfactory completion of this project in a
neat and workmanlike manner shall be included in the price bid for the item CLEARING SITE including but not limited
to the following:
•
Providing pollution control measures to maintain water quality.
•
Constructing and maintaining permanent SESC measures.
•
Constructing, maintaining, and removing temporary SESC measures.
•
Removal of tree stumps, underbrush, clearing of wooded areas or any unsuitable or undesirable obstructions in
the area of work.
•
Removal of all trees and brush within the limits of disturbance, whether shown on the plans individually or not,
and pruning of existing trees outside the limits of disturbance whose branches overhang the work area.
•
Backfill and compaction of voids.
•
Repair and regrading of all driveways to conform to the new construction.
•
Removal, resetting, or relocating any existing features or items necessary to complete the project which are not
otherwise indicated as a pay item.
CLEARING SITE also includes maintaining driveway access at all locations throughout the duration of the project.
SECTION 202 – EXCAVATION
202.03 CONSTRUCTION
202.03.01 Stripping
THE SECOND PARAGRAPH IS CHANGED TO:
Strip vegetation and underlying soil to a depth of 4 to 6 inches below the existing ground surface. Confirm the thickness
of stripping with the RE based on field conditions. Temporarily store in stockpiles, as specified in 202.03.03.B, stripped
material including excess that is determined suitable for the future use of the Department. The Department will sample
and analyze stripped material in stockpiles to determine suitability for use as topsoil. Reuse or dispose of unsuitable
stripped material as specified in 202.03.03.C.
BULKHEAD INSTALLATION
AT FUTURE CARTERET FERRY TERMINAL AT ARTHUR KILL
PAGE 34 OF 36
DIVISION 500 – BRIDGES AND STRUCTURES
SECTION 501 – SHEETING AND COFFERDAMS
501.02 MATERIALS
THE FOLLOWING IS ADDED:
Coarse Aggregate (No. 57) ……………………………………………………………….……..………….901.03
Inorganic Zinc Coating System……………………………………………………..………….………..912.01.01
Corrugated Steel Underdrain Pipe…………………………………………………………………………..919.01
Subsurface Drainage Geotextile ………………………………………………......………………………..919.01
501.03 CONSTRUCTION
501.03.02 Permanent Sheeting
THE FOLLOWING IS ADDED TO THE SUBSECTION:
Permanent Sheeting shall be the type shown on the Contract Plans or approved equal having the properties at minimum
or greater than shown on the Contract Plans. Permanent sheeting shall be new steel sheet piling.
Top of sheeting shall be cut at the elevation stated on the plans in clean, straight lines.
No heavy equipment or machinery shall be placed on the landside of the wall.
Existing subsurface fill conditions are unknown and may contain large boulders, debris and other obstructions. The
Contractor shall remove the obstructions to install the sheeting as shown on the Contract Plans. The wall layout shall not
change to avoid obstructions without prior approval from the Owner and the Engineer. In the case where existing grade
is excavated to remove disturbances, ensure that the maximum exposed grade difference is less than the design height of
4’. If the difference is greater, backfill in front of the wall as needed.
Place a stone pocket, subsurface drainage geotextile, and an 8 inch corrugated steel underdrain pipe as shown on the
Plans. Ensure that the peroration are at the bottom. Join underdrains according to the manufacturer’s recommendations.
Seal the dead ends of pipe underdrain with a pipe cap.
Permanent Sheeting shall be painted with color Black in accordance with 912.01.01 to the limits shown on the Contract
Plans. Any damage to the painting shall be repaired in accordance with the Standard Specifications.
501.04 MEASUREMENT AND PAYMENT
THE FOLLOWING IS ADDED TO THIS SUBSECTION:
The Borough will measure the square footage of PERMANENT SHEETING by multiplying the average height and length
of sheeting that is driven. The Borough will determine the average height by extending a line from the minimum tip
elevation of sheeting to the cut-off elevation of the sheeting as shown on the plans complete and in place.
All cost of material, equipment and labor required to install underdrain pipe behind the sheeting shall be included in the
price bid for the pay item PERMANENT SHEETING.
No additional payment will be made for any engineering fees, working drawings, redesign fees, and all necessary items
to complete the task. All cost of obstruction removal, painting and painting repairs shall be included in the price bid for
the pay item PERMANENT SHEETING.
SECTION 502 – LOAD BEARING PILES
502.01 DESCRIPTION
THE ENTIRE SECTION IS REPLACED AS FOLLOW:
This Section describes the requirements for furnishing and installing steel sheeting.
BULKHEAD INSTALLATION
AT FUTURE CARTERET FERRY TERMINAL AT ARTHUR KILL
PAGE 35 OF 36
501.03 CONSTRUCTION
502.03.01 Furnishing Pile Driving Equipment
THE ENTIRE SUBSECTION IS REPLACED AS FOLLOW:
The Contractor shall submit a driving plan with equipment to be used for installing sheeting using barge system with
anchoring if needed. The plan shall include a staging area and a laydown area for approval.
502.04 MEASUREMENT AND PAYMENT
THE FOLLOWING IS ADDED:
All cost of mobilization, material, equipment, labor, any permits, if required, any engineering fees, working drawings, to
install sheeting as shown on the Contract Plans shall be included in the price bid for the pay item FURNISHING
EQUIPMENT FOR DRIVING PILES.
SECTION 506 – STRUCTURAL STEEL
506.01 DESCRIPTION
THE ENTIRE SECTION IS REPLACED AS FOLLOW:
This Section describes the requirements for furnishing and erecting the steel cap to be installed on top of the permanent
sheeting including the steel bent plate, filler plate, high strength bolts, nuts, and washers.
506.02 MATERIALS
THE FOLLOWING IS ADDED:
Inorganic Zinc Coating System……………..…………………………………………………………..912.01.01
503.03 CONSTRUCTION
506.03.01 Structural Steel
PART B IS CHANGED TO:
B.
Erection Plan. At least 30 days before the pre-erection meeting, submit working drawings for approval, as specified
in 105.05, regarding the plan of operations to the RE. Include, at a minimum, the following in the plan:
1.
Number and type of manpower and equipment.
2.
Shipping procedures.
3.
Lifting procedures.
4.
Beam erecting sequence, including method of setting bearings and diaphragms.
5.
Temporary bracing.
6.
Manufacturer’s recommendations.
7.
Procedures for employee safety.
8.
Traffic control and protection.
PART G IS ADDED:
G.
Painting. Steel cap shall be painted with color Black in accordance with 912.01.01. Any damage to the painting shall
be repaired in accordance with the Standard Specifications.
506.04 MEASUREMENT AND PAYMENT
THE FOLLOWING IS ADDED:
Item
Pay Unit
STRUCTURAL STEEL
LUMP SUM
All cost of mobilization, material, equipment, labor, working drawings, painting and painting repairs, to install steel cap
as shown on the Contract Plans shall be included in the price bid for the pay item STRUCTURAL STEEL.
BULKHEAD INSTALLATION
AT FUTURE CARTERET FERRY TERMINAL AT ARTHUR KILL
PAGE 36 OF 36
Steel cap size plate may require adjustment to account for construction tolerances of sheeting installation. No additional
payment will be made for steel cap size adjustment. All cost of field welding steel cap shall be included in the price bid
for the pay item STRUCTURAL STEEL.
APPENDIX A
FREEHOLD SOIL CONSERVATION DISTRICT
CERTIFICATION LETTER
APPENDIX B
NJDEP DIVISION OF LAND USE REGULATION
APPROVALS FOR
WATERFRONT DEVELOPMENT INDIVIDUAL PERMIT (WATERWARD)
FLOOD HAZARD AREA INDIVIDUAL PERMIT – OTHER
FRESHWATER WETLANDS GENERAL PERMIT GP11 OUTFALLS/ INTAKE STRUCTURES
FRESH WATER WETLANDS GENERAL PERMIT GP7 HUMAN-MADE DITCHES/SWALES IN
HEADWATERS
VERIFICATION-METHOD 2 (FEMA TIDAL METHOS)
WATERFRONT DEVELOPMENT INDIVIDUAL PERMIT – COMMERCIAL (LANDWARD)
WATER QUALITY CERTIFICATE
APPENDIX C
U.S. ARMY CORPS OF ENGINEERS, NEW YORK DISTRICT
PERMIT APPROVAL
BID PROPOSAL
FOR:
Bulkhead Installation at Future
Carteret Ferry Terminal at Arthur Kill
BY:
(Bidder Name)
(Bidder Address)
(Bidder Phone Number)
(Bidder Alternative Phone Number)
(Bidder Fax Number)
(Bidder Federal I.D. # or S.S. #)
(Bidder Email Address)
(Name of Bidder’s Authorized Representative)
BID SUBMISSION CHECKLIST
(Pursuant to N.J.S.A. 40A:11-23.2)
Bulkhead Installation at Future
Carteret Ferry Terminal at Arthur Kill
(Bidder Name)
Bidders are required to submit all of the following documents with their Bid Packets. Failure to submit all
documents may mandate rejection of the Bid Packets.
DESCRIPTION OF DOCUMENT
BIDDER’S
INITIALS
1. BID SUBMISSION CHECKLIST pursuant to N.J.S.A. 40A:11-23.2 (this document)
2. BID PROPOSAL
3. ACKNOWLEDGMENT OF RECEIPT OF ADDENDA pursuant to N.J.S.A. 40A:11-23c, 1,2,
& 3
4. BUSINESS REGISTRATION CERTIFICATE pursuant to N.J.S.A. 52:32-44
5. PUBLIC WORKS CONTRACTOR CERTIFICATE pursuant to N.J.S.A. 34:11-56.48
6. OWNERSHIP DISCLOSURE pursuant to N.J.S.A. 52:25-24.2
7. DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN pursuant to N.J.S.A. 40A:11-2.1
8. DISCLOSURE OF ELECTION CONTRIBUTIONS pursuant to N.J.S.A. 19:44A-20.27
9. PROPOSAL BOND AND SECURITY pursuant to N.J.S.A. 40A:11-21
10. CONSENT OF SURETY pursuant to N.J.S.A. 40A:11-22
11. NON-COLLUSION AFFIDAVIT pursuant to N.J.S.A. 52:34-15
12. EQUIPMENT CERTIFICATION pursuant to N.J.S.A. 40A:11-20
13. SUBCONTRACTOR IDENTIFICATION pursuant to N.J.S.A. 40A:11-16
14. PREVAILING WAGE COMPLIANCE DECLARATION pursuant to N.J.S.A. 34:11-56.25 et
seq.
15. BIDDER’S ACKNOWLEDGMENT
16. AMERICAN PRODUCTS CERTIFICATION pursuant to N.J.S.A. 40A:11-18
17. STATEMENT OF EXPERIENCE AND QUALIFICATIONS (on the forms provided)
18. BID PACKET CERTIFICATION (completed and signed by appropriate an authorized
representative(s) of Bidder and notarized by Notary Public)
BID PROPOSAL
Bulkhead Installation at Future
Carteret Ferry Terminal at Arthur Kill
(Bidder Name)
ITE
M
DESCRIPTION
UNIT
BID
QUANTITY
UNIT
PRICE BID
BID AMOUNT
1.
PERFORMANCE BOND AND
PAYMENT BOND
DOLL
1
$ 8,000.00
$ 8,000.00
2.
PROGRESS SCHEDULE
LS
1
$
$
3.
MOBILIZATION
LS
1
$
$
4.
CONSTRUCTION LAYOUT
DOLL
1
$ 5,000.00
$ 5,000.00
5.
FLOATING TURBIDITY BARRIER,
TYPE 2
LF
150
$
$
6.
OIL ONLY EMERGENCY SPILL KIT,
TYPE 1
U
1
$
$
7.
CLEARING SITE
LS
1
$
$
8.
PERMANENT SHEETING
SF
4,663
$
$
9.
FURNISHING EQUIPMENT FOR
DRIVING PILES
LS
1
$
$
10.
STRUCTURAL STEEL
LS
1
$
$
TOTAL BASE BID AMOUNT (Items 1 through 10): $______________________
WRITE TOTAL BID AMOUNT (Items 1 through 10);
___________________________________________________
__________________________________________________
NOTE: This is a unit price bid. The unit price provided for each item is representative of the Bidder’s intent. The total bid
amount is the correct sum of the unit price bid multiplied by the bid quantity. Errors by the Bidder in determining the bid
amount for an item or the correct total bid amount or in expressing the correct total bid amount in words will be corrected
by the Engineer or the Owner.
By initialing here, the Bidder hereby represents and warrants that the above
B I D P R O P O S A L is complete and accurate: ______________
BASIS OF AWARD
BIDDERS ARE ADVISED THAT ONE CONTRACT WILL BE AWARDED FOR THE SUM OF THE LOWEST
AMOUNT BID FOR EITHER THE BASE BID OR BASE BID AND SELECTED ALTERNATES IN THE
ORDER LISTED SUBJECT TO THE AVAILABILITY OF FUNDS.
TOTAL AMOUNT BASE BID
$___________.___
By initialing here, the Bidder hereby represents and warrants that the above B I D P R O P O S A L is complete
and accurate:
ACKNOWLEDGMENT OF RECEIPT OF ADDENDA
(Pursuant to N.J.S.A. 40A:11-23c, 1, 2, & 3)
Bulkhead Installation at Future
Carteret Ferry Terminal at Arthur Kill
(Bidder Name)
Bidders must complete this A C K N O W L E D G M E N T O F R E C E I P T O F A D D E N D A below and
submit along with Bid Packets.
ADDENDA
NUMBER
DATED
TITLE OR DESCRIPTION
BIDDER’S
INITIALS
/ /
/ /
/ /
/ /
/ /
No Addendum received:
By initialing here, the Bidder hereby represents and warrants that the above
A C K N O W L E D G M E N T O F R E C E I P T O F A D D E N D A is complete and accurate:
BUSINESS REGISTRATION CERTIFICATE
(Pursuant to N.J.S.A. 52:32-44)
Bulkhead Installation at Future
Carteret Ferry Terminal at Arthur Kill
(Bidder Name)
Bidders shall provide proof of its own business registration and proofs of business registration for any
Subcontractors. The proof of business shall be in the form of a copy of the organization’s B U S I N E S S
R E G I S T R A T I O N C E R T I F I C A T E issued by the New Jersey Division of Revenue. No contract with a
Subcontractor shall be entered into by any Contractor, as the successful Bidder, under any contract with the Owner
unless the Subcontractor first provides its proof of registration. The proofs of business registration shall be provided
prior to the award of Contract.
Before final payment on the Contract is made by the Owner, the Contractor, as the successful Bidder, shall
submit an accurate list and copies of the B U S I N E S S R E G I S T R A T I O N C E R T I F I C A T E S of
each Subcontractor at all levels used in the fulfillment of the Contract, or shall attest that no Subcontractors were
used.
For the term of the Contract, the Contractor or the Contractor with a Subcontractor(s) that has entered into this
Contract with the Owner, and each of their affiliates, shall collect and remit to the Director of the Division of
Taxation in the Department of the Treasury the use tax due pursuant to the “Sales and Use Tax Act,”
N.J.S.A.54:32B-1 et seq.) on all their taxable sales of tangible personal property delivered into this State.
By initialing here, the Bidder hereby acknowledges and accepts all of the requirements detailed above
for the B U S I N E S S R E G I S T R A T I O N C E R T I F I C A T E :
PUBLIC WORKS CONTRACTOR CERTIFICATE
(Pursuant to N.J.S.A. 34:11-56.48)
Bulkhead Installation at Future
Carteret Ferry Terminal at Arthur Kill
(Bidder Name)
Pursuant to New Jersey Public Works Contractor Registration Act (PWCRA), all Bidders and Subcontractors
must be registered with the Department of Labor at the time the Bid Packets are received. Each Bidder shall, along
with its Bid Packet, submit to the Owner the P U B L I C W O R K S C O N T R A C T O R
C E R T I F I C A T E S of registration for all Subcontractors identified in the Bid Packet. Applications for
registration shall not be accepted as substitutes for a certificate of registration for the purposes of this section. Any
non-listed Subcontractor must provide certificates of registration from the Department of Labor prior to physically
starting the work on the Project. Failure to register accordingly and submit copies of the P U B L I C W O R K S
C O N T R A C T O R C E R T I F I C A T E shall render the Bid Packet to be non-responsive.
By initialing here, the Bidder hereby acknowledges and accepts all of the requirements detailed above
for the P U B L I C W O R K S C O N T R A C T O R C E R T I F I C A T E :
OWNERSHIP DISCLOSURE
(Pursuant to N.J.S.A. 52:25-24.2)
Bulkhead Installation at Future
Carteret Ferry Terminal at Arthur Kill
(Bidder Name)
P A R T I - Check the box that represents the type of business organization:
Partnership
Corporation
Sole Proprietorship
Limited Partnership
Limited Liability Corporation
Limited Liability Partnership
Subchapter S Corporation
Other:
P A R T I I - Please check the appropriate box below:
The Bidder certifies that no one stockholder owns ten percent (10%) or more of the issued and outstanding
stock or partnership interest of the bidding entity.
– OR –
The Bidder certifies that the list below contains the names and addresses of all stockholders holding ten
percent (10%) or more of the issued and outstanding stock or partnership interest of the bidding entity.
FULL NAME OF INDIVIDUAL
OR BUSINESS ENTITY
ADDRESS OF INDIVIDUAL
OR BUSINESS ENTITY
SHARE
OWNED
1.
%
2.
%
3.
%
NOTES:
1. Attach additional sheets in this format, if necessary.
2. If a corporation or partnership is shown as a greater than ten percent (10%) owner, attach similar breakdown of (“its”)
individual owners.
By initialing here, the Bidder hereby represents and warrants that the information provided in this
O W N E R S H I P D I S C L O S U R E is complete and accurate:
DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
(Pursuant to N.J.S.A. 52:25-24.2)
Bulkhead Installation at Future
Carteret Ferry Terminal at Arthur Kill
(Bidder Name)
P A R T I - BIDDERS MUST COMPLETE PART I BY CHECKING EITHER OF THE BOXES BELOW.
FAILURE TO CHECK ONE OF THE BOXES WILL RENDER THAT BID 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 or entity, nor any of its parents, subsidiaries, or affiliates, is identified on the Department of
Treasury Chapter 25 list as a person or entity engaging in investment activities in Iran. The Chapter 25 list is found
on the Division’s website at: http://www/state.nj.us/treasury/purchase/pdf/ Chapter25List.pdf. Bidders must review
this list prior to completing the below certification. Failure to complete the certification will render a Bidder’s Bid
Packet non-responsive. If the New Jersey Director of the Division of Purchase and Property finds a person or entity
to be in violation of law, he or she 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 suspension of the party.
PLEASE CHECK THE APPROPRIATE BOX BELOW:
I certify, pursuant to Public Law 2012, c.25, that neither the Bidder listed above nor any of the
Bidder’s parents, subsidiaries, or affiliates listed on the N.J. Department of the Treasury’s list of entities
determined to be engaged in prohibited activities in Iran pursuant to P.L. 2012, c.25 (“Chapter 25 List”). I
further certify that I am the Bidder’s Authorized Representative and am authorized to make this certification
on its behalf. I will skip Part 2 and sign and complete the Certification below:
– OR –
I am unable to certify as above because the BIDDER and/or one of its parents, subsidiaries, or
affiliates is listed on the Department’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 will result in the Bid Packet being rendered as non-responsive and appropriate penalties,
fines and/or sanctions will be assessed as provided by law.
P A R T I I - Bidders must provide a detailed, accurate and precise description of the activities of the bidding
person and/or entity, or one of its parents, subsidiaries, or affiliates, engaging in the investment activities in
Iran outlined above by completing the boxes below:
Entry #1 (If necessary, attach additional sheets in the format below.)
Name:
Relationship to Bidder:
Description of Activities:
Duration of Engagement:
Anticipated Cessation Date:
Bidder Contact Name:
Contact Phone Number:
DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
( C O N T I N U E D )
(Pursuant to N.J.S.A. 52:25-24.2)
Bulkhead Installation at Future
Carteret Ferry Terminal at Arthur Kill
(Bidder Name)
P A R T I I I - Certification:
I, being duly sworn upon my oath, hereby represent and state the foregoing information and any attachments
thereto to the best of my knowledge are true and complete. I attest that I am authorized to execute this certification
on behalf of the above-referenced person or entity. I acknowledge that the State of New Jersey and the Owner of the
Project are relying on the information contained herein and thereby acknowledge that I am under a continuing
obligation from the date of this certification through the completion of any contracts with the State of New Jersey
and the Owner to notify the State of New Jersey and the Owner in writing of any changes to the answers of
information contained herein. I acknowledge that I am aware of that it is a criminal offense to make a false statement
or misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal prosecution under
the law and that it will also constitute a material breach of my agreement(s) with the State of New Jersey and/or the
Owner and that the State and / or Owner at its option may declare any contract(s) resulting from this certification
void and unenforceable.
BY:
CORPORATE SEAL:
(Bidder Authorized Representative Signature)
NAME:
(Print or Type)
TITLE:
DISCLOSURE OF ELECTION CONTRIBUTIONS
(Pursuant to N.J.S.A. 19:44A-20.27)
Bulkhead Installation at Future
Carteret Ferry Terminal at Arthur Kill
(Bidder Name)
Starting in January 2007, all business entities are advised of their responsibility to file an annual disclosure statement of
political contributions with the New Jersey Election Law Enforcement Commission (ELEC) when they receive contracts
in excess of $50,000 from public entities in a calendar year. Business entities are responsible for determining if filing is
necessary.
1. Please check the appropriate box below:
Bidder has attached a true copy of its annual report of election contributions pursuant to
N.J.S.A. 19:44A-20.27;
– OR –
Bidder has not made any election contributions during the past twelve (12) months that require
reporting under N.J.S.A. 19:44A-20.27.
NOTE: Additional information on this requirement is available from ELEC at (888) 313-3532 or at www.elec.state.nj.us.
By initialing here, the Bidder hereby certifies that the information submitted by Bidder in regard
to this D I S C L O S U R E O F E L E C T I O N C O N T R I B U T I O N S is complete and
accurate:
PROPOSAL BOND
(Pursuant to N.J.S.A. 40A:11-2.1)
Bidders are required to submit, along with Bid Packets, a P R O P O S A L B O N D in substantially the following form.
KNOW ALL MEN BY THESE PRESENTS, that the
Bidder,
,
(Bidder Name)
located at
, (hereinafter called the “Principal”), and
(Bidder Address)
, located at
(Surety Name)
, (hereinafter called the “Surety”), are hereby and firmly bound
(Surety Address)
onto
, as Owner, in the penal sum of
($ )
(10% of Bid Amount or $20,000 [in words])
(10% of Bid Amount or $20,000 [in numbers])
for the payment of which, well and truly to be made, the said Principal and the said Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of the above
obligation is such that whereas the Principal has submitted to the Owner as defined, a certain Bid Packet, attached hereto, and
hereby made a part hereof, to enter into an Agreement in writing for the following Project:
NOW, THEREFORE, if said Bid Packet shall be (i) rejected; OR (ii) accepted and the Principal shall execute and
deliver a Contract in the form of Contract provided (properly completed in accordance with said Bid Packet) and shall furnish
a Performance and Payment Bonds for its faithful performance of said Agreement, and shall in all other respects perform the
Contract created by the acceptance of the said Bid Packet; 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 Packet; and said Surety does
hereby waive notice of any such extension.
I N W I T N E S S W H E R E O F , said Surety has caused this Proposal Bond to be signed and attested by a duly authorized
representative and its corporate seal to be hereto affixed on this day of
of the month of
(Date)
in the year of 20
.
(Month)
(Year)
BY:
CORPORATE SEAL:
(Surety Authorized Representative Signature)
NAME:
(Print or Type)
TITLE:
CONSENT OF SURETY
(Pursuant to N.J.S.A. 40A:11-22)
Bidders are required to submit, along with Bid Packets, a C O N S E N T O F S U R E T Y in substantially the
following form.
The
located at
(Surety Name)
, a corporation organized under the laws of the State of
(Surety Address)
and authorized to do business in New Jersey, consents and agrees that if the Contract for the
(State)
, located in the
, is awarded to
, the
(Bidder Name)
undersigned Corporation shall execute the Performance and Payment Bonds as required by the Contract Documents and will
become Surety in the full amounts set forth in the Contract Documents for the faithful performance of all obligations of the
Bidder. The total of the Performance and Payment Bonds shall be:
$
. The said Surety hereby stipulates and agrees that no modifications,
(Bidder’s Total Bid Amount)
omissions or additions in or to the terms of the said Contract or in or to the Plans or Specifications therefore shall in anywise
affect the obligation of said Surety on its Bond.
IN WITNESS WHEREOF, said Surety has caused this Consent to be signed and attested by a duly authorized
representative and its corporate seal to be affixed hereto this
of
,
20
.
(Date)
(Month)
(Year)
BY:
CORPORATE SEAL:
(Surety Authorized Representative Signature)
NAME:
(Print or Type)
TITLE:
NON-COLLUSION AFFIDAVIT
(Pursuant to N.J.S.A. 52:34-15)
Bidders are required to submit, along with Bid Packets, this N O N - C O L L U S I O N A F F I D A V I T .
I,
, residing in
(Bidder’s Authorized Representative Name)
(Municipality Name)
In the County of
and the State of New Jersey, of full age, being duly sworn
(County Name)
according to law on my oath depose and say that:
I am
of the firm of
(Bidder’s Authorized Representative Title)
(Bidder’s Name)
,
the Bidder making this Bid Proposal for the Bid Packet entitled,
,
and that I executed all Bid Packet forms with full 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 Bid Packet and in this
Affidavit are true and correct, and made with full knowledge that the Owner relies upon the truth of the statements
contained in said Bid Packet and in the statements contained in this Affidavit in awarding the Contract for 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 commission, percentage, brokerage, or contingent fee, except bona fide
employees or bona fide established commercial or selling agencies maintain by
.
(Bidder’s Name)
BY:
CORPORATE SEAL:
(Bidder’s Authorized Representative Signature)
NAME:
(Print or Type)
TITLE:
EQUIPMENT CERTIFICATION
(Pursuant to N.J.S.A. 40A:11-20)
–
(Bidder Name)
P A R T I - Please check the appropriate box below:
A.) The Bidder, signing and submitting this Bid Packet, OWNS, LEASES, OR CONTROLS all of the necessary
equipment required to complete the work shown and described in the Contract Documents, Plans and Specifications.
– OR –
B.) The Bidder, signing and submitting the attached Bid Packet, DOES NOT OWN OR LEASE the equipment necessary
to perform the work shown and described in the Contract Documents, Plans and Specifications.
P A R T I I -ONLY IF BIDDER SELECTED OPTION B IN PART I ABOVE, the sources from which the equipment
will be obtained are as follows*:
NAME OF
EQUIPMENT OWNER
ADDRESS
TELEPHONE NUMBER
& EMAIL ADDRESS
a.
b.
c.
Before the award of the Contract, certificates from the owner or person in control of the equipment clearly granting the
Bidder the control of the equipment requested by the Owner to verify the Bidder’s capability to perform the Work of this
Project.
NOTE: Attach additional sheets in the appropriate format, if necessary.
By initialing here, the Bidder hereby represents and warrants that the information provided in this
E Q U I P M E N T C E R T I F I C A T I O N is complete and accurate:
SUBCONTRACTOR IDENTIFICATION
(Pursuant to N.J.S.A. 40A:11-16)
Bulkhead Installation at Future
Carteret Ferry Terminal at Arthur Kill
(Bidder Name)
PART I – Pursuant to N.J.S.A. 40A:11-16, all Bidders are required to identify the primary Subcontractors to be used for
each of the categories of work below.
WORK
SUBCONTRACTOR
1. Structural steel and ornamental
iron work
Name:
Address:
License No.:
Expiration:
2. Other
Name:
Address:
License No.:
Expiration:
NOTE: Attach additional sheets in the appropriate format, if necessary.
SUBCONTRACTOR IDENTIFICATION
(Pursuant to N.J.S.A. 40A:11-16)
Bulkhead Installation at Future
Carteret Ferry Terminal at Arthur Kill
(Bidder Name)
PART II – In addition to this SUBCONTRACTOR IDENTIFICATION, each Bidder is required to submit, along with
its Bid Packet, the following:
a.) Evidence of Business Registration Certificate for all Subcontractors listed;
– AND –
b.) Evidence of Consent of Surety for the full value of Bidder’s total bid amount including the value of all work
performed by Subcontracts may be supplied by the Bidder on behalf of the Bidder and any or all Subcontractors,
or by any combination thereof which results in the Consent of Surety equaling the total bid amount. If separate
Consent of Surety will be submitted by any Subcontractor, the Bid shall be accompanied by a separate Consent
of Surety in accordance with N.J.S.A. 40A:11-22.
Failure to submit either the Evidence of Business Certificate Registration or the Evidence of Consent of Surety
for all Subcontractors shall be caused to reject this Bid Packet.
By initialing here, the Bidder hereby represents and warrants that the information provided in PART I and PART
II are complete and accurate. Bidder also accepts and agrees to the terms and conditions of PART III of this
S U B C O N T R A C T O R I D E N T I F I C A T I O N :
PREVAILING WAGE COMPLIANCE DECLARATION
(Pursuant to N.J.S.A. 34:11-56.25 et seq.)
Bulkhead Installation at Future
Carteret Ferry Terminal at Arthur Kill
(Bidder Name)
Bidders must submit, along with their Bid Packets, this P R E V A I L I N G W A G E C O M P L I A N C E
D E C L A R A T I O N .
The above named Bidder, located at
,
(Bidder Address)
hereby certifies that any and all laborers employed by the Bidder and all its Subcontractors engaged in the work on the
Project under this Bid Packet will be paid in full and prevailing wages for their respective crafts or trades as determined
and computed by the New Jersey Commissioner of Labor and Industry under N.J.S.A. 34:11-56.25 regulation pertaining
to prevailing wage rates.
Bidder is required to keep current records and retain all records for the Project for a period of five (5) years after the
Project is complete.
The Owner of the Project will not consider any claims for additional compensation made by the Bidder because of
payment by the Bidder of any wage rate in excess of the applicable rate contained in the Contract. All disputes in regard to
payment of wages in excess of minimum wages shall be adjusted by the Bidder.
The New Jersey Prevailing Wage Act, as per N.J.A.C. 12:60-1.4, will not be applicable to this Project if the Contract
amount is below $15,444.
By initialing here, the Bidder hereby accepts and agrees to the terms and conditions of the
P R E V A I L I N G W A G E C O M P L I A N C E D E C L A R A T I O N :
BIDDER’S ACKNOWLEDGEMENT
Bulkhead Installation at Future
Carteret Ferry Terminal at Arthur Kill
(Bidder Name)
This B I D D E R ’ S A C K N O W L E D G M E N T shall be submitted in the Bidder’s with Bid Packet. Prior to
the submission of Bid Packets, all Bidders are required to agree to the following items:
I .
S I T E V I S I T A T I O N .
All Bidders shall visit the Site of Work and examine the means of access to the Site in order to become familiar with
local conditions that may in any manner affect the cost, progress or performance of the Work. Bidders shall make all
investigations to become thoroughly informed as to the character and magnitude of all work involved in the complete
execution of the Contract, including facilities for delivery and handling of material, obstructions, if any, and
difficulties that may be encountered in the performance of the Work. All such examinations and investigations must be
made prior to the submission of Bid Packets.
Submission of Bid Packet by a Bidder is a representation that the Bidder has visited the Site, has become familiar with
the extent and requirements of the Work and the actual conditions with the requirements of the Contract Documents,
and has affirmed that the Contract time specified is a reasonable period for performing the Work and completing the
Project.
I I .
W O R K C O N D I T I O N S .
All Bidders must fully inform themselves as to the conditions under which the Work is to be performed. Failure to do
so will not relieve the successful Bidder of its obligation to furnish all materials, labor, and equipment necessary to
complete the Work as specified for the consideration set forth in the Bid Packet. These conditions shall include
problems of construction, availability of labor and equipment, transportation and all else necessary to perform and
complete the Project as specified herein.
Failure on the part of the Bidders to thoroughly acquaint themselves with all details of all Work to be performed under
the Contract and the conditions under which it will be performed will not be considered as a valid excuse for claims of
any kind after the award of the Contract.
I I I .
C O M P L I A N C E & S A F E T Y .
All Bidders must become familiar with all Federal, State and local laws, ordinances, rules and regulations that may in
any manner affect the cost, progress or performance of the Work. The successful Bidder shall be required to comply
with the requirements of Federal, State and local laws governing the employment of labor, including, but not limited to
those listed in B i d P r o p o s a l , laws pertaining to work hours and minimum wages as well as those regarding
safety. The successful Bidder must be fully aware that all safety regulations of the Occupational Safety and Health
Administration (OSHA) and the requirements of the State of New Jersey Department of Labor and Industry shall be
adhered to on this Project and that the Bidder shall instruct his or her personnel to follow these regulations which
include, but are not limited to, those concerning Trench Excavation, Competent Persons and Confined Space
Regulations.
The Engineer shall not at any time supervise, direct, or have control over Contractor’s Work, nor shall Engineer have
authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected
or used by the Contractor, for security or safety at the Site, for safety precautions and programs incident to the
Contractor’s Work in progress, nor for any failure of Contractor to comply with laws and regulations applicable to
Contractor’s furnishing and performing the Work in accordance with the Contract Documents.
BIDDER’S ACKNOWLEDGEMENT ( C O N T I N U E D )
Bulkhead Installation at Future
Carteret Ferry Terminal at Arthur Kill
(Bidder Name)
I V .
P R O J E C T R E S P O N S I B I L I T I E S .
All Bidders acknowledge that the Engineer will be responsible only for its activity and that of its employees and
subconsultants on the Site of Work. Neither the professional activities of the Engineer nor the presence of the Engineer
or its employees or subconsultants at a work site, shall relieve the successful Bidder (hereinafter referred to as
“Contractor”) of its obligations, duties and responsibilities including, but not limited to, construction means, methods,
sequence techniques or procedures necessary for performing, superintending and coordinating the Contractor’s Work
in accordance with its applicable Contract Documents and any health and safety requirements of the Owner and
regulatory agencies.
V .
P R O P O S A L B O N D F O R F E I T .
Accompanying this Bid Packet is a Consent of Surety and a certified check, cashier’s check or ProposalBond for a
minimum of ten percent (10%) of the total bid amount but not greater than $20,000.00 payable to the Owner which is
agreed by the Bidder to be forfeited as liquidated damages, and not as a penalty, if the Contract is awarded to the
Bidder, and the Bidder shall fail to execute the Contract for the Work within the stipulated time. Otherwise the
Proposal Bond shall be returned to the Bidder as specified in the Contract Documents.
By signing here, the Bidder hereby acknowledges and accepts the terms and conditions detailed above in this
B I D D E R ’ S A C K N O W L E D G E M E N T :
BY:
CORPORATE SEAL:
(Bidder Authorized Representative Signature)
NAME:
(Print or Type)
TITLE:
AMERICAN PRODUCTS CERTIFICATION
(Pursuant to N.J.S.A. 40A:11-18)
Bulkhead Installation at Future
Carteret Ferry Terminal at Arthur Kill
(Bidder Name)
Pursuant to N.J.S.A. 40A:11-18, the goods and products provided under this Contract shall be only manufactured
goods and farm products of the United States, wherever available.
The Bidder certifies that this Bid Packet reflects the Bidder’s best, good faith effort to identify domestic sources of
iron, steel, and manufactured goods for every component contained in the proposal solicitation where such American-
made components are available on the schedule and consistent with the deadlines prescribed in or required by the
request for Bid Packets.
The Bidder certifies that all components contained in the solicitation for Bid Packets that are American-made have
been so identified, and if this Bid Packet is accepted, the Bidder agrees that it will provide reasonable, sufficient, and
timely verification to the Owner of the U.S. production of each component so identified.
The Bidder certifies that for any component or components that are not American-made and are so identified in this
Bid Packet, the Bidder has included in or attached to this Bid Packet one or both of the following as applicable:
a.
Identification of and citation to a categorical waiver published by the U.S. Environmental Protection
Agency in the Federal Register that is applicable to such component or components, and an analysis
that supports its applicability to the component or components.
– OR –
b.
Verifiable documentation sufficient to the Owner or State, as required in the solicitation for Bid Packets
or otherwise, that the Bidder has sought to secure American-made components but has determined that
such components are not available on the schedule and consistent with the deadlines prescribed in the
solicitation for Bid Packets, with assurance adequate for the Bidder under the applicable conditions
stated in the solicitation for Bid Packets or otherwise.
The Bidder certifies that for any such component or components that are not so available, the Bidder has also
provided in or attached to this Bid Packet information, including, but not limited to, the verifiable documentation and
a full description of the Bidder’s efforts to secure any such American-made component or components, that the
Bidder believes are sufficient to provide and as far as possible constitute the detailed justification required for a
waiver with respect to such component or components. The Bidder further agrees that, if this Bid Packet is accepted,
it will assist the Owner and State in amending, supplementing, or further supporting such information as required by
the Owner or State to request and, as applicable, implement the terms of a waiver with respect to any such component
or components.
By initialing here, the Bidder hereby certifies that the products included in this Project will meet the
requirements of the A M E R I C A N P R O D U C T S C E R T I F I C A T I O N :
STATEMENT OF EXPERIENCE AND QUALIFICATIONS
Bulkhead Installation at Future
Carteret Ferry Terminal at Arthur Kill
(Bidder Name)
All Bidders must submit, along with Bid Packets, this Bidder’s S T A T E M E N T O F E X P E R I E N C E
A N D Q U A L I F I C A T I O N S and all necessary attachments, in order to allow the Owner and Engineer the
opportunity to evaluate Bidders.
1.) Date of Incorporation or Formation of bidding entity:
2.) State of Incorporation or Formation of bidding entity:
3.) Number of years engaged in the contracting business under your present firm or trading name:
4.) General character of work performed by company:
5.) Have you ever failed to complete any work awarded to your firm? If so, please explain the circumstances.
6.) Have you ever defaulted on a contract? If so, please explain the circumstances.
7.) In the past three (3) years, have there been any outstanding debts over 60 days to subcontractors or
material and equipment suppliers for work in place of any of your contracts other than the maximum
allowance of ten percent (10%) for retainage? If so, how much and why?
8.) In the past three (3) years, have there been any liens placed on any projects attributed to your contract or
have there been any attempts to have any liens placed on any projects attributed to your contract? If so,
please explain the circumstances.
9.) Have all payments associated with past labor costs been paid in full to the proper authorities as required
by law or agreements? If not, please explain the circumstances.
STATEMENT OF EXPERIENCE AND QUALIFICATIONS
( C O N T I N U E D )
Bulkhead Installation at Future
Carteret Ferry Terminal at Arthur Kill
(Bidder Name)
10.) Upon request, will you provide a detailed financial statement and furnish any
other financial information that may be required by the proper agency?
11.) Please provide a minimum of five (5) references and the following information for projects currently in
progress or completed within the last three (3) years:
PROJECT NAME & ADDRESS
PROJECT
OWNER
PROJECT
ENGINEER
PHONE NUMBER(S)
& EMAIL ADDRESS(ES)
STATEMENT OF EXPERIENCE AND QUALIFICATIONS
( C O N T I N U E D )
Bulkhead Installation at Future
Carteret Ferry Terminal at Arthur Kill
(Bidder Name)
12.) Please provide the following information about all of your projects which are currently under construction:
PROJECT NAME & ADDRESS
CONTACT PERSON &
PHONE NUMBER
GROSS
CONTRACT
ANTICIPATED
COMPLETION
DATE
STATEMENT OF EXPERIENCE AND QUALIFICATIONS
( C O N T I N U E D )
Bulkhead Installation at Future
Carteret Ferry Terminal at Arthur Kill
(Bidder Name)
13.) Please provide the following information regarding major contracts completed by your firm within the last
three (3) years:
PROJECT NAME &
ADDRESS
CONTACT PERSON
& PHONE NUMBER
CONSTRUCTION COSTS
COMPLETION
DATE
ORIGINAL
COST
CHANGE
ORDERS
FINAL
COST
By initialing here, the Bidder hereby represents and warrants that the information provided in this
S T A T E M E N T O F E X P E R I E N C E A N D Q U A L I F I C A T I O N S is complete and accurate:
BID FORM ATTACHMENT
BID PACKET CERTIFICATION
STATE OF NEW JERSEY
SS.
COUNTY OF
I,
, residing in
(Authorized Representative Name)
(Municipality Name)
In the County of
and the State of New Jersey, of full age, being duly sworn
(County Name)
according to law on my oath depose and say that:
I am
of the firm of
(Authorized Representative Title )
(Bidder Name)
,
the Bidder submitting this Bid Packet for the Project, entitled
.
I hereby certify that I am authorized to submit this Bid Packet on behalf of the Bidder and that the information contained in
this Bid Packet is complete, true, and accurate. I further certify that the Bidder and all Subcontractors listed herein have
sufficient means and experience to complete the Work in accordance with Contract Documents.
BY:
CORPORATE SEAL:
(Bidder Authorized Representative Signature)
NAME:
(Print or Type)
TITLE:
This Bid Packet has been Sworn and Subscribed before me this
NOTARY PUBLIC SEAL:
Day of
, 20
NOTARY
PUBLIC
(Notary Public Signature)
(Print or Type Name)
My Commission Expires
EXHIBITS INDEX
EXHIBIT
TITLE
A.
MANDATORY AFFIRMATIVE ACTION LANGUAGE FOR GOODS AND SERVICES
CONTRACTS
B.
MANDATORY ANTI-DISCRIMINATION IN EMPLOYMENT
C.
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY - CONSTRUCTION
D.
AMERICANS WITH DISABILITIES ACT
E.
BUSINESS REGISTRATION – CONSTRUCTION
F.
SAMPLE FORM OF CONTRACT
(Including Mandatory EEO Language and Prompt Payment Provisions)
A-1
EXHIBIT A
MANDATORY AFFIRMATIVE ACTION LANGUAGE
FOR GOODS AND SERVICES CONTRACTS
(Pursuant to N.J.S.A. 34:11-56.25 et seq.)
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 expressions, the Contractor or
Subcontractor will take affirmative action to ensure that such applicants are recruited and employed, and
that employees are treated during employment, without regard to their age, race, creed, color, national
origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, the
disability, nationality or sex. Such action shall include, but not be limited to the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay
or other forms of compensation; and selection for training, including apprenticeship. The Contractor or
Subcontractor 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 place 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 expressions, disability, nationality, or sex.
The Contractor or Subcontractor, where applicable, will send to each labor union or representative
of workers with which it has a collective bargaining agreement or other contract or understanding, a notice,
to be provided by the agency contracting officer advising the labor union or workers’ representative of the
Contractor’s commitments under 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.
The Contractor or Subcontractor agrees to make good faith efforts to employ minority and women
workers consistent with the applicable county employment goals established in accordance with N.J.A.C.
17:27-5.2, or a binding determination of the applicable county employment goals determined by the
Division, pursuant to N.J.A.C. 17:27-5.2.
The Contractor or Subcontractor agrees to inform in writing its appropriate recruitment agencies
including, but not limited to, employment agencies, placement bureaus, colleges, universities, labor unions,
that it does not discriminate on the basis of age, 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.
The Contractor or Subcontractor agrees to revise any of its testing procedures, if necessary, to
assure that all personal testing conforms to 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.
A-2
In conforming with the applicable 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, color, ancestry, creed, national origin, 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 Court decisions.
The Contractor or Subcontractor 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 Purchase & Property, CCAU, EEO Monitoring Program 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 Purchase & Property, CCAU, EEO Monitoring Program
for conducting a compliance investigation pursuant to N.J.A.C. 17:27-1.1 et. seq.
B-1
EXHIBIT B
MANDATORY ANTI-DISCRIMINATION IN EMPLOYMENT LANGUAGE
N.J.S.A. 10:2-1
CONSTRUCTION, ALTERATION OR REPAIR OF ANY PUBLIC BUILDING OR PUBLIC WORK OR FOR
THE ACQUISITION OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES CONTRACTS
During the performance of this contract, the contractor agrees as follows:
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.
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 of 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.
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.
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.
No provision in this section shall be construed to prevent a board of education from designating that a contract,
subcontract or other means of procurement of goods, services, equipment or construction shall be awarded to
a small business enterprise, minority business enterprise or a women’s business enterprise pursuant to P.L.
1985, c. 490 (C.18A:18A-51 et seq.).
(Revised 2/2017)
C-1
EXHIBIT C
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
N.J.S.A. 10:5-31 et seq. (P.L. 1975, c. 127)
N.J.A.C. 17:27-1.1 et seq.
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 trade consistent with the targeted
employment goal prescribed by N.J.A.C. 17:27-7.2; provided, however, that the Dept. of LWD, Construction
EEO Monitoring Program 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 Dept. of LWD,
Construction EEO Monitoring Program is satisfied that the contractor or subcontractor is employing workers
provided by a union which provides evidence, in accordance with standards prescribed by the Dept. of LWD,
Construction EEO Monitoring Program, 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. 17:27-7.2. 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
C-2
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:
(1)
To notify the Public Agency Compliance Officer, the Dept. of LWD, Construction EEO
Monitoring Program, and minority and women referral organizations listed by the Dept. of LWD, Construction
EEO Monitoring Program 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;
(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 contractor or subcontractor shall interview the referred minority or woman 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 Dept. of LWD, Construction EEO Monitoring Program. 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
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the request of the Dept. of LWD, Construction EEO Monitoring Program, 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 Dept. of LWD,
Construction EEO Monitoring Program.
(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 Dept. of LWD, Construction EEO
Monitoring Program and submitted promptly to the Dept. of LWD, Construction EEO Monitoring Program 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 Dept. of LWD, Construction EEO Monitoring Program an Initial Project
Workforce Report (Form AA-201) electronically provided to the public agency by the Dept. of LWD, Construction
EEO Monitoring Program, 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 Dept. of LWD, Construction EEO Monitoring
Program 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 Dept.
of LWD, Construction EEO Monitoring Program as may be requested by the Dept. of LWD, Construction EEO
Monitoring Program 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 Dept. of LWD, Construction EEO Monitoring
Program for conducting a compliance investigation pursuant to N.J.A.C. 17:27-1.1 et seq.
(Revised 2/2017)
D-1
EXHIBIT D
AMERICANS WITH DISABILITIES ACT OF 1990
Equal Opportunity for Individuals with Disability
The contractor and the Borough of Carteret, (hereafter “owner”) do hereby agree that the provisions of Title 11
of the Americans With Disabilities Act of 1990 (the "Act") (42 U.S.C. §12101 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 there unto, 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 own expense, appear, defend, and pay any and all charges for legal services and any and all costs
and other expenses arising from such action or administrative proceeding or incurred in connection therewith.
In any and all complaints brought pursuant to the owner’s 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 proceeding
is 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.
(Revised 2/2017)
E-1
EXHIBIT E
NEW JERSEY BUSINESS REGISTRATION REQUIREMENTS
GOODS, SERVICES, AND CONSTRUCTION* CONTRACTS
Proof of valid business registration (a Business Registration Certificate) with the New Jersey Department of
Treasury, Division of Revenue must be submitted to the contracting agency prior to the award of any contract,
including purchase orders. No contract will be awarded without proof of such business registration. N.J.S.A.
52:32-44 imposes the following requirements on contractors and on all subcontractors that knowingly enter into
a contract, or construct a construction project, with a contractor in the fulfillment of a contract with a contracting
agency. *In the case of a construction contract, “subcontractor” shall mean only designated subcontractors
who are required by N.J.S.A. 40A:11-16 to be named in the submission of a bid.
A subcontractor named in a bid or other proposal made by a contractor to a contracting agency shall provide
a copy of its business registration to the contractor who shall provide it to the contracting agency. The contractor
shall provide the contracting agency with the business registration of the contractor and that of any named
subcontractors prior to the time a contract is awarded.
The contractor shall maintain and submit to the contracting agency a list of subcontractors and their addresses
that may be updated from time to time during the course of the contract performance. Before final payment of
the contract is made by the contracting agency, the contractor shall submit a complete and accurate list and
proof of business registration of each subcontractor or supplier used in the fulfillment of the contract or shall
attest that no subcontractors were used.
For the term of the contract, the contractor and each of its affiliates and each subcontractor and each of its
affiliates (N.J.S.A. 52:32-44 (g) (3)) shall collect and remit to the Director, New Jersey Division of Taxation, the
use tax due pursuant to the “Sales and Use Tax Act” (N.J.S.A. 54:32 B-1, et seq.) on all taxable sales of tangible
personal property delivered into this state.
A business organization that fails to provide proof of business registration or provides false business registration
information shall be liable to a penalty of $25 for each day of violation, not to exceed $50,000 for each business
registration not properly provided or maintained under a contract with a contracting agency
Sample Business Registration Certificates are attached for convenience. Questions on obtaining a Business
Registration Certificate or on the law and its requirements can be directed to the Division of Revenue at (609)
292-9292.
E-2
THESE ARE SAMPLES OF BUSINESS REGISTRATION CERTIFICATES.
OR
(Revised 5/2017)
F-1
EXHIBIT F
SAMPLE FORM OF CONTRACT
[Construction Contract]
THIS AGREEMENT, entered into this _____ day of _______________, 20__:
BY AND BETWEEN the BOROUGH OF CARTERET, a body politic, with offices located at Borough Hall, 61
Cooke Avenue, Carteret, New Jersey 07008, hereinafter referred to as "Borough",
AND [NAME OF CONTRACTOR], with offices located at [CONTRACTOR’S ADDRESS], hereinafter referred
to as "Contractor".
IT IS AGREED:
1. The Contractor hereby agrees to Bulkhead Installation at Future Carteret Ferry Terminal at Arthur
Kill, Block 304 Lots 2.01 and 2.02 for the sum of [CONTRACT AMOUNT], in accordance with the notice to bidders,
plans and specifications (#22-81) the Contractor’s bid, Resolution No. _____________ adopted by the Borough Council
on _____________, and other bid documents, if any, all of which are incorporated herein and made a part hereof as if set
forth in full.
2. The Contractor will not assign or subcontract the work specified and covered under the terms of this Contract
or any part hereof, without the written consent of the Borough, except for any subcontractors named in the bid.
3. Should the Borough during the progress of work require any alterations, deviations, additions or omissions
from the said specifications at any time thereof, it shall be at liberty to do so and the same shall in no way be deemed to
be a breach or void of this contract, but the value of such work or material involved in such change shall be added to or
deducted from the amount of the Contract as the case may be at the rate herein specified or, if not herein specified, then
by fair, just and reasonable valuation.
4. The Contractor agrees to comply with the Anti-Discrimination in Employment on Public Works requirements
of N.J.S.A. 10:2-1, set forth in Exhibit B attached hereto.
5. The Contractor also agrees to comply with the Equal Employment Opportunity requirements of N.J.S.A.
10:5-31 et seq. and N.J.A.C. 17:27 et seq., set forth in Exhibit C attached hereto.
6. The Contractor also agrees to comply with the Americans with Disabilities Act requirements of 42 U.S.C. §
12101 et seq., set forth in Exhibit D attached hereto.
7. a.
The Contractor agrees to comply with the New Jersey Prevailing Wage Act (N.J.S.A. 34:11-56.25 et
seq.) and the Regulations issued thereunder (N.J.A.C. 12:60-1.4 et seq.). An Official Wage Rate Determination for this
project was ordered by the Borough and the State assigned a Confirmation Number which has been provided to the
Contractor. It is the sole responsibility of the Contractor to use this Confirmation Number to obtain the wage rates
applicable to this project on the State’s website.
b. It is the Contractor’s responsibility to pay its workers no less than the applicable prevailing wage rates
that are in effect on the date that the contract is awarded. In the event it is found that any worker employed by the
Contractor, or any subcontractor covered by this Contract, has been paid a rate of wages less than required to be paid, the
Borough may terminate the Contractor's or subcontractor's right to proceed with the work, or such part of the work as to
which there has been a failure to pay required wages, and to prosecute the work to completion or otherwise. The Contractor
and its sureties (if any) shall be liable to the Borough for any excess costs occasioned thereby. The Contractor and its
subcontractors must post the prevailing wage rates in prominent and easily accessible places at the site of the work or at
F-2
such place or places as are used then to pay workers their wages. Before final payment is made to the Contractor, the
Contractor and its subcontractors shall file written certification as to any unpaid wages, pursuant to N.J.S.A. 34:11-56.33.
c. Pursuant to N.J.S.A. 34:11-56.38, no contract for public work may be awarded to any contractors or
subcontractors (including any firm, corporation or partnership in which they have an interest) which are on the State’s
Prevailing Wage Debarment List. Accordingly, the Contractor agrees not to hire any subcontractors which are on this List.
8. With regard to New Jersey Business Registration:
a. The Contractor has previously provided the Borough with a copy of the New Jersey Business Registration
Certificate(s) for the Contractor and any Designated Subcontractor(s) listed in the bid, verifying that the Contractor and
any Designated Subcontractors is/are properly registered with the New Jersey Department of the Treasury.
b. The Contractor acknowledges that:
(i) N.J.S.A. 52:32-44 imposes the following requirements on contractors and all subcontractors that
knowingly provide goods or perform services for a contractor fulfilling this contract: (1) a subcontractor named in a bid
or other proposal made by a contractor to a contracting agency shall provide a copy of its business registration to the
contractor who shall provide it to the contracting agency; (2) the contractor shall maintain and submit to the contracting
agency a list of subcontractors and their addresses that may be updated from time to time during the course of the contract
performance; (3) prior to receipt of final payment from a contracting agency, the contractor must submit to the contacting
agency a complete and accurate list of all subcontractors or attest that none was used; and, (4) during the term of this
contract, the contractor and its affiliates shall collect and remit, and shall notify all subcontractors and their affiliates that
they must collect and remit to the Director, New Jersey Division of Taxation, the use tax due pursuant to the Sales and Use
Tax Act, (N.J.S.A. 54:32B-1 et seq.) on all taxable sales of tangible personal property delivered into this State.
(ii) A contractor or subcontractor who fails to provide proof of business registration or provides false
business registration information shall be liable to a penalty of $25 for each day of violation, not to exceed $50,000 for
each business registration copy not properly provided or maintained under a contract with a contracting agency.
Information on the law and its requirements are available by calling (609) 292-9292.
9.
Contracts for the improvement of real property and related design professional contracts are subject to the
prompt payment provisions of N.J.S.A. 2A:30A-1 et seq., modified, however, in accordance with the Borough 's billing
and payment cycles, as follows:
a.
The Contractor will bill for periodic payments under the Contract no more frequently than monthly.
b. Absent extraordinary circumstances, approval by the Borough Council is required for each periodic
payment, final payment or payment of retainage monies. The Council Members regularly, but not
always, meets once a month, on Thursdays of each month. A specific schedule of meeting dates is posted
on the Borough’s website www.carteret.net/borough-council/. The Borough reserves the right to amend
its regular meeting schedule upon notice posted on the Borough’s website indicated above.
c.
The Contractor should submit a bill (including a properly prepared, dated and signed Borough voucher)
to the Borough at least 27 days prior to a Borough Council’s meeting date. The "billing date" is the date
when the Borough receives the bill. The Borough mails payment of approved bills by no later than the
sixth business day following the Borough Council’s meeting at which payment is approved.
d. If the Borough challenges all or part of a bill submitted by the Contractor, the Borough will notify the
Contractor in writing of the amount(s) withheld and the reason(s) therefor within three (3 ) business days
following the Borough Council’s meeting that occurs on or after the 20th day following the billing date.
e.
Pursuant to N.J.S.A. 2A:30A-2(b), the Contractor shall pay subcontractors within 10 days of receipt of
payment from the Borough and subcontractors shall pay sub-subcontractors within 10 days of receipt of
payment from the Contractor, unless otherwise agreed between the parties.
F-3
10.
The Borough and the Contractor will attempt to resolve any dispute(s) between them, in good faith, through
non-binding mediation. Either party may demand such mediation by written notice to the other party. The written notice
shall contain at least (a) a brief statement of the nature of the dispute, and (b) the name, address and phone number of that
party's designated representative for purposes of mediation. The other party shall designate its representative for mediation
in writing no later than five business days after receipt of the demand for mediation. The respective designees shall
thereupon, and promptly, with due regard for the need for timely action, choose a mediator. If the parties cannot agree on
a mediator, or if they prefer, they shall choose a reputable mediation firm. Any mediation firm so chosen shall present a
list of at least five proposed mediators to the parties and shall provide the parties with a summary of each person's
qualifications to serve as the mediator. Each party shall rank the proposed mediators in order of preference. The fifth and
any lower ranked persons on each list will be excluded from further consideration. The chosen mediator shall be the
remaining person who is the combined highest ranking mediator on both preference lists, after deleting all excluded
persons. In the event of a tie, the mediator shall be chosen by lot. The parties will not be bound by the Rules of Evidence
in presenting their positions before the mediator. The mediation shall be conducted in such reasonable and efficient manner
as may be agreed between the parties and the mediator or, in the lack of such an agreement, as may be determined by the
mediator. Each party will bear its own costs of participation in mediation, and they will divide the costs of the mediator
equally. If, after a good faith effort to resolve the dispute through mediation, the dispute is not resolved, either party may
terminate the mediation by written notice to the mediator and to the other party, whereupon either party may submit the
dispute to the Superior Court of New Jersey, Middlesex County, for adjudication, which Court shall have exclusive original
jurisdiction over the dispute.
11.
The Contractor shall maintain all documentation related to products, transactions or services under this
Contract for a period of five years from the date of final payment. Such records shall be made available to the New Jersey
Office of the State Comptroller upon request. (N.J.A.C. 17:44-2.2)
12.
Counterparts. This Contract may be fully executed in any number of counterparts, each of which shall be
deemed to be an original and all of which taken together shall constitute one agreement binding upon all parties,
notwithstanding that all parties have not signed the same counterpart. Such executions may be transmitted to the parties
electronically or by facsimile, and such electronic or facsimile execution shall have the same force and effect as an original
signature.
13.
Notices. Any notices that are provided pursuant to this Contract shall be in writing (including facsimile and
electronic transmissions) and mailed or transmitted or delivered as follows:
To the Borough:
Borough of Carteret
Borough Hall
61 Cooke Avenue
Carteret, New Jersey 07008
Attn: Borough Counsel
Fax: 732-431-0437
F-4
To the Contractor:
[NAME OF CONTRACTOR]
Or to such other address or individual as any party may from time to time notify the other.
IN WITNESS WHEREOF, the parties have executed this Contract.
ATTEST:
_____________________________
By:
____________________________
Name:
Name:
Title:
Title:
ATTEST OR WITNESS:
[NAME OF CONTRACTOR]
(Corporate Seal, if any)
_____________________________
By:
____________________________
Name (Print):
Name (Print):
Title (Print):
Title (Print):
January 2022
April 2019
State Funded Project Attachment 1 – Small Business Enterprise Utilization
Page 1 of 8
STATE FUNDED PROJECT ATTACHMENT 1
SMALL BUSINESS ENTERPRISE UTILIZATION ON WHOLLY STATE FUNDED PROJECTS
A.
Utilization of Small Business Enterprises Businesses as Subcontractors, Transaction Expeditors,
Regular Dealers, Manufacturers and Truckers. The Department advises the Contractor and
subcontractor that failure to carry out the requirements set forth in this attachment constitutes a material
breach of Contract and, after notification to the applicable State agency, may result in termination of the
agreement or Contract by the Department or such remedy as the Department deems appropriate.
Requirements set forth in this section shall also be physically included in all subcontract agreements in
accordance with State of New Jersey requirements.
B.
Policy. It is the policy of the Department that small businesses, as defined in N.J.A.C. 17:13-1.2 et seq.
comprising a Small Business Enterprise (SBE) shall have the maximum opportunity to participate in the
performance of contracts financed wholly with State funds. In this regard, the Department and all
Contractors shall take all necessary and reasonable steps to ensure that registered Small Business
Enterprises are utilized on, compete for, and perform on NJDOT construction contracts.
C.
Definitions
1.
Small Business Enterprise. A business which has its principal place of business in the State of
New Jersey; is independently owned and operated; has no more than 100 full-time employees; has
gross revenues that do not exceed the applicable Federal revenue standards referenced at
N.J.A.C. 17:13-2.1 and satisfies any additional eligibility standards under this chapter.
Small businesses with no more than 100 full-time employees will be registered in one of the following
three categories:
a.
Small business with gross revenues that do not exceed $3 million.
b.
Small businesses with gross revenues that do not exceed 50 percent of the applicable annual
revenue standards set forth in federal regulation at 13 CFR 121.201, incorporated herein by
reference, and as may be adjusted periodically.
c.
Small business with gross revenues that do not exceed the applicable annual revenue standards
set forth in federal regulation at 13 CFR 121.201, incorporated herein by reference, as may be
adjusted periodically.
The business must be independently owned and operated, with management being responsible for
both its daily and long-term operation, as well as owning at least 51 percent interest in the business.
Businesses must be incorporated or registered with the Division of Revenue & Enterprise Services to
do business in the State and have its principal place of business in New Jersey, defined when:
a.
51 percent or more of its employees work in New Jersey supported by paid New Jersey
unemployment taxes or;
b.
51 percent or more of its business operations/activities occur in New Jersey supported by income
and/or business tax returns.
c.
The business must be a sole proprietorship, partnership, limited liability company or corporation
with 100 or fewer employees in full-time positions, not including:
1.
Seasonal and part-time employees employed for less than 90 days, if seasonal and casual
part-time employment are common to that industry and
2.
Consultants employed under contracts for which the business wants to be eligible as a small
business.
2.
Commercially Useful Function (CUF). A SBE performs a commercially useful function when it is
responsible for execution of a distinct element of the work of a contract and carrying out its
responsibility by actually performing, managing, and supervising the work involved. To perform a
commercially useful function, the SBE must also be responsible, with respect to materials and
supplies used on the contract, for preparing the estimate, negotiating price, determining quality and
quantity, ordering the material, arranging delivery, installing (where applicable), and paying for the
material and supplies itself for the project.
January 2022
April 2019
State Funded Project Attachment 1 – Small Business Enterprise Utilization
Page 2 of 8
3.
Transaction expeditor (broker). A SBE who arranges or expedites transactions and who arranges
for material drop shipments.
4.
SBE regular dealers. A firm that must be an established, regular business that engages, as its
principal business and under its own name, in the purchase and sale or lease of the products in
question. In addition, a regular dealer must own, operate, or maintain a store, warehouse, or other
establishment in which the materials, supplies, articles, or equipment required under this Contract are
bought, kept in stock, and regularly sold or leased to the public in the usual course of business.
5.
SBE manufacturer. A firm that operates or maintains a factory or establishment that produces on
the premises, the materials, supplies, articles, or equipment required for the Contract.
6.
Good faith effort (GFE). Efforts to achieve a SBE goal or other requirement of N.J.A.C. 17:13 et seq.
which by their scope, intensity, and appropriateness to the objective, can reasonably be expected to
fulfill the program requirement. Efforts to include firms not certified as SBEs in the state where the
contract is being let are consequently not good faith efforts to meet a SBE contract goal.
D.
Compliance. The Contractor is responsible for compliance as specified in Section 105.
E
Contractor SBE Goal Obligations. Ensure that SBEs have an equal opportunity to receive and
participate in contracts and subcontracts financed in whole with State funds in performing work with the
Department. Take all necessary and reasonable steps in accordance with the Contract to ensure that
SBEs are given equal opportunity to compete for and to perform on the Department’s wholly State funded
projects. Do not discriminate in the award and performance of any Contract obligation including, but not
limited to, performance of obligations on wholly State funded contracts, as specified in Section 107.
1.
Post Award Obligations
a.
Give SBEs equal consideration with non-small business firms in negotiation for any subcontracts,
purchase orders or leases.
b.
Attempt to obtain qualified SBEs to perform the work. A directory of registered Small Businesses
Enterprise firms can be found in the New Jersey Selective Assistance Vendor Information
(NJSAVI) database online at: https://www20.state.nj.us/TYTR_SAVI/vendorSearch.jsp
2.
Affirmative Action After Award of the Contract
a.
Subletting. If at any time following the award of the Contract, the Contractor intends to sublet
any portion(s) of the work under said Contract, or intends to purchase material or lease
equipment not contemplated during preparation of bids, take affirmative action:
(1) Notify the RE, in writing, of the type and approximate value of the work which the Contractor
intends to accomplish by such subcontract, purchase order or lease.
(2) Submit the Post-Award SBE Certification Form to the Regional Supervising Engineer with
the application to sublet, or prior to purchasing material or leasing equipment. Obtain Post
Award SBE Certification forms from the RE.
(3) Efforts made to identify and retain a SBE as a replacement subcontractor, lower tier
subcontractor, transaction expeditor, regular dealer, supplier, manufacturer, or trucker when
the arrangements with the original SBE prove unsuccessful, shall be followed as specified
for SBE subcontractors in Section 108. Work in the category concerned shall not begin until
such approval is granted in writing by the Department.
(4) Notification of a SBE subcontractor’s termination will be the same as for SBE
subcontractors, specified in Section 108. Send notice in writing to the Department through
the RE, with a copy to DCR/AA. Said termination notice will include the firm’s ethnic
classification, whether the firm is a SBE and the detailed reason(s) for termination.
b.
Selection and Retention of Subcontractors. Do not discriminate in the selection and retention
of subcontractors, including procurement of materials and leases of equipment as specified in
108.01. Provide the RE with a listing of firms, organizations or enterprises solicited and those
utilized as subcontractors on the proposed project. Such listing shall clearly delineate which
firms are classified as SBEs. Provide the RE with subcontract agreements for all subcontractors
performing work on the Contract as specified in Section 108.
January 2022
April 2019
State Funded Project Attachment 1 – Small Business Enterprise Utilization
Page 3 of 8
(1) Efforts made to identify and retain a SBE as a replacement subcontractor, lower tier
subcontractor, transaction expeditor, regular dealer, supplier, manufacturer, or trucker when
the arrangements with the original SBE prove unsuccessful, shall be the same as for SBE
subcontractors and submitted as specified in Section 108. Work in the category concerned
shall not begin until such approval is granted in writing by the Department.
(2) Notification of a SBE firm’s termination will be as specified in Subsection 108.01. Send
notice in writing to the Department through the RE. Said termination notice will include the
firm’s ethnic classification, whether the firm is a SBE and the detailed reason(s) for
termination.
c.
Meeting Contract SBE Goal. Report attainment toward meeting the Contract SBE goal by
submitting monthly, all SBE participation, to the Department’s RE and DCR/AA Contract
Compliance Unit using the CR-267 – Monthly Report of Utilization of DBE/ESBE or SBE form.
The form is due by the 5th of the month and must list all SBEs used on the Contract to meet the
Contract goal, the specific Contract work items each SBE is performing, whether the SBE is
performing full or partial work on the items, and the amount paid to each SBE each month.
Failure to report the information, and accurately report it may result in payment being delayed or
withheld as specified in Section 105, assessing sanctions, or termination of the Contract as
specified in Section 108.
d.
Termination, Substitution or Replacement of SBEs. Make good faith efforts to replace a SBE
that is terminated or has otherwise failed to complete its work on the Contract with another
registered SBE, to the extent needed to meet the Contract SBE goal. Notify the DCR/AA
immediately of the SBE’s inability or unwillingness to perform and provide reasonable
documented evidence. Prior to termination, substitution, or replacement of a SBE subcontractor,
lower-tier subcontractor, transaction expeditor, regular dealer, supplier, manufacturer, or trucker,
submit a Revised CR-266 – Schedule of DBE.ESBE/SBE Participation form to the Department
naming the replacement SBE firm(s), type of work performed, specific Contract work items,
whether the SBE is performing full or partial work on the items, dollar value and percent of total
Contract for each SBE firm. Submit detailed written explanation of why each change is being
made, including documented evidence of good faith effort(s) with the submission of the revised
Form CR- 266. Submit along with the revised CR-266: 1) a completed Confirmation of SBE Firm
(Form CR-273) to demonstrate direct written confirmation from each SBE firm participating on
the Contract, confirming the kind and amount of work that was provided on the Contractor’s
CR-266, and if applicable; 2) a completed SBE Regular Dealer/Supplier Verification (Form CR-
272) for all SBE Regular Dealers/Suppliers listed on the revised CR-266; and if applicable, 3) a
completed SBE Trucking Verification (Form CR-274) for all SBE truckers listed on the revised
CR-266 form. The Contractor is not permitted to complete any portion of the CR-273, CR-272
or CR-274 forms. Termination, substitution, or replacement of SBEs shall be made as specified
in Section 108. Termination or replacement of SBE cannot be made without prior written
approval of the Department as per Section108.
e.
Submission of Good Faith Effort Documentation. If the Contractor is unable to meet the
Contract goal for SBE participation, submit to the DCR/AA for review and approval, documented
evidence of good faith efforts along with the monthly CR-267 form. This submission must include
written details addressing each of the good faith efforts outlined in the Contract. Submittal of
such information does not imply DCR/AA approval.
F.
SBE Goals for this Contract. This Contract includes a goal of awarding 0% (Zero Percent) percentage
of the Total Contract Price to subcontractors qualifying as SBEs.
NOTE: SUBCONTRACTING GOALS ARE NOT APPLICABLE IF THE PRIME CONTRACTOR IS A
REGISTERED SMALL BUSINESS ENTERPRISE (SBE) FIRM.
The Department’s DCR/AA has sole authority to determine whether the Contractor met the Contract goal
or made adequate good faith efforts to do so. If the DCR/AA determines that the Contractor has failed to
meet the Contract SBE goal or made adequate good faith efforts to do so, the Department will follow
Section 105.
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G.
Counting SBE Participation.
1.
Each SBE is subject to a registration procedure to ensure its SBE eligibility status prior to the award
of Contract. All SBEs working on the Contract must be registered SBEs. Only Small Business
Enterprises registered prior to the date of bid, or prospective Small Business Enterprises that have
submitted to the New Jersey Commerce and Economic Growth Commission on or before the day of
bid, a completed “State of New Jersey Small Business Vendor Registration Form” and all the required
support documentation, will be considered in determining whether the Contractor has met the
established Contract SBE goal. Early submission of required documentation is encouraged.
2.
The Department determines the percentage of SBE participation that will be counted toward the
Contract SBE goal. Once a firm is determined to be a bona fide SBE by the New Jersey Commerce
and Growth Commission, the total dollar value of the contract awarded to the SBE is counted toward
the applicable goal.
3.
The Contractor will count SBE participation toward the Contract SBE goal only the value of the work
actually performed by a SBE when that SBE performs a commercially useful function in the work of a
contract as per Section H of this Special Provision Attachment.
4.
If a Contractor is part of a Joint Venture and one or more of the Sole Proprietorships, Partnerships,
Limited Liability companies or Corporations comprising the Joint Venture is a registered SBE, the
actual payments made to the Joint Venture for work performed by the SBE member, will be applied
toward the Contract SBE goal. Payments made to the Joint Venture for work performed by a non-
small business firm will not be applied toward the Contract SBE goal.
5.
If the Contractor is a registered SBE, payments made to the Contractor for work that the Contractor
is registered to perform and performed by the Contractor will be applied toward the Contract SBE
goal. Payments made to the Contractor for work performed by non-SBEs will not be applied toward
the Contract SBE goal.
6.
When a SBE subcontracts part of the work of its contract to another firm, the value of the
subcontracted work may be counted towards the SBE goal only if the subcontractor itself is an SBE.
Work that a SBE subcontracts to a non-SBE firm does not count toward the Contract SBE goal.
H.
Commercially Useful Function
1.
Performance of Work. The SBE must perform the work with their own permanent employees, or
employees recruited through traditional recruitment and/or employment centers. SBEs must employ
and control their own workforce, and cannot share employees with the Contractor, other
subcontractors on the present project, or the renter-lessor of equipment being used on the present
project. The SBE firm must be responsible for all payroll and labor compliance requirements for all
of their employees performing work on the Contract. Direct or indirect payments by any other
contractor are not allowed.
2.
Managing Work. The SBE must manage the work themselves including the scheduling of work
operations, ordering of equipment and materials, hiring/firing of employees, including supervisory
employees, and preparing and submitting certified payrolls. The SBE must supervise their portion of
daily work operations of the project. With respect to materials and supplies used on the Contract, the
SBE must be responsible for preparing the estimate, negotiating price, determining quantity and
quality, ordering the material, arranging delivery, installing, (where applicable), and paying for the
material and supplies for the project.
3.
Responsibility of Work. A SBE must perform or exercise responsibility for at least 30 percent of the
total cost of its contract with its own workforce. The SBE must not subcontract a greater portion of
the work of a contract than would be expected on the basis of normal industry practice for the type of
work involved.
4.
Equipment of SBE. The SBE must perform the work stated in the subcontract with their own
equipment, whether owned or leased and operated on a long-term agreement, not an ad hoc or
contract by contract agreement. The equipment must be owned by the SBE firm or leased/rented
from traditional equipment lease/rental sources. The equipment will not belong to the Contractor, any
other subcontractor or lower tier subcontractors on the current project, or supplier of materials being
installed by the SBE firm.
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5.
Lease of Equipment. A SBE firm may lease specialized equipment from a contractor, but not from
the Contractor, if it is consistent with normal industry practices and at rates competitive for the area.
Rental agreements must be for short periods of time, specify the terms of the agreement and involve
specialty equipment to be used at the job site. The lease may allow the operator to remain on the
lessor’s payroll if it is the generally accepted industry practice, but the operation of the equipment
must be subject to full control by the SBE. The SBE shall provide the operator for non-specialized
equipment and is responsible for all payroll and labor compliance requirements. A separate lease
agreement is required.
6.
SBE Trucking. SBE trucking companies must perform a commercially useful function. Contrived
arrangements for the purpose of meeting SBE goals will not be allowed. The SBE must be
responsible for the management and supervision of the entire trucking operation on a contract-by-
contract basis, and must own and operate at least one fully, licensed, insured, and operational truck
used on the Contract.
The SBE trucking firm is not permitted to obtain trucks from the Contractor to perform work on the
project. The SBE may lease trucks from a subcontractor working on the project, provided the trucks
are obtained from the subcontractor prior to the project letting. Bona fide lease agreements must be
for the length of time needed by the SBE on the Contract and signed by both the SBE and the firm(s),
either certified SBE or non-SBE, from which the trucks will be leased. Leases must indicate that the
SBE has exclusive use and control over the truck. All leased trucks must display the name and
USDOT identification number issued for interstate commerce, of the SBE firm, on the outside of the
truck. SBE firms are expected to use the same trucks for SBE credit on all projects so use of leased
vehicles on a project-by-project basis is not permitted.
The Contractor shall have signed Hiring Agreements. Submit copies of these signed Hiring
Agreements, and copies of all signed lease agreements to the RE prior to the trucking firm’s
commencing work on the project. Prior to the SBE trucking firm beginning work on the Contract, SBE
Trucking firms will be required to complete the SBE Trucking Verification (Form CR-274). The SBE
and Contractor must sign the form and the Contractor submit the original CR-274 form directly to the
Department’s RE, with a copy submitted to the DCR/AA. The Contractor is not permitted to complete
any portion of the CR-274 form. The Contractor must prepare, sign and submit along with the
CR-267 – Monthly Report of Utilization of DBE/ESBE or SBE form, a Monthly Trucking Verification
form (CR-271), identifying each truck owner, SBE Certification number, company name and address,
truck number, and commission or amount paid for all SBE and non-SBE truckers performing work on
the project. Also, submit the form to the Department as per Section E of this Special Provision for the
DCR/AA’s review, approval, and determination of credit toward the Contract goal. Failure to submit
the forms may result in denial or limit of credit toward the Contract SBE goal, payment being delayed
or withheld as specified in Section 105, assessing sanctions or termination of the Contract as specified
in Section 108.
7.
SBE Regular Dealers. SBE regular dealers must be an established, regular business that engages,
as its principal business and under its own name, in the purchase and sale or lease of the products
in question. In addition, a regular dealer must own, operate, or maintain a store, warehouse, or other
establishment in which the materials, supplies, articles, or equipment of the general character
described by the specifications and required under this Contract are bought, kept in stock, and
regularly sold or leased to the public in the usual course of business.
8.
SBE Manufacturers. SBE manufacturers must be a firm that operates or maintains a factory or
establishment that produces on the premises, the materials, supplies, articles, or equipment required
for this Contract.
9.
The Contractor shall not use a SBE solely for the purpose of acting as an extra participant in a
transaction, a contract or the Contract through which funds are passed in order to obtain the
appearance of SBE participation.
I.
Good Faith Effort. To demonstrate good faith efforts to meet the Contract SBE goal, a Contractor shall,
on an ongoing basis, adequately document the steps it takes to obtain SBE participation, including but not
limited to the following:
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1.
Conducting market research to identify qualified potential small business subcontractors and
suppliers and soliciting through all reasonable and available means, the interest of registered SBEs
that have the capability to perform the work of the Contract. This may include attendance at pre-bid
and business matchmaking meetings and events, advertising and/or written notices, posting of
Notices of Sources Sought and/or Requests for Proposals, written notices, or emails to all registered
SBEs listed in the New Jersey Selective Assistance Vendor Information (NJSAVI) database that
specialize in the areas of work desired (as noted in SAVI) and which are located in the area or
surrounding areas of the project.
Solicit this interest as early in the acquisition process as practicable to allow the SBEs to respond to
the solicitation and submit a timely offer for the subcontract. Determine with certainty if the SBEs are
interested by taking appropriate steps to follow up initial solicitations.
Request a listing of small businesses from the New Jersey Department of the Treasury, Division of
Property Management and Construction if none are known to the Contractor
2.
Selecting portions of the work to be performed by SBEs in order to increase the likelihood that the
SBE goals will be achieved. This includes, where appropriate, breaking out Contract work items into
economically feasible units (for example, smaller tasks or quantities) to facilitate SBE participation,
even when the Contractor might otherwise prefer to perform these work items with its own forces.
This may include, where possible, establishing flexible timeframes for performance and delivery
schedules in a manner that encourages and facilitates SBE participation.
3.
Providing all potential SBE subcontractors with detailed information about the plans, specifications,
and requirements of the Contract in a timely manner to assist them in responding to a solicitation with
their offer for the subcontract. Attempt to contact all potential subcontractors on the same day and
use similar methods to contact them.
4.
Negotiating in good faith with interested SBEs. Make a portion of the work available to SBE
subcontractors and suppliers and select those portions of the work or material needs consistent with
the available SBE subcontractors and suppliers, so as to facilitate SBE participation. Evidence of
such negotiation includes the names, addresses, and telephone numbers of SBEs that were
considered; a description of the information provided regarding the plans and specifications for the
work selected for subcontracting; and evidence as to why additional Agreements could not be reached
for SBEs to perform the work.
Consider a number of factors in negotiating with subcontractors, including SBE subcontractors. Take
a firm’s price and capabilities as well as Contract goals into consideration. The fact that there may
be some additional costs involved in finding and using SBEs is not in itself sufficient reason for failure
to meet the Contract SBE goal, as long as such costs are reasonable. The ability or desire of a
Contractor to perform the work of a Contract with its own organization does not relieve the
responsibility to make good faith efforts. Contractors are not, however, required to accept higher
quotes from SBEs if the price difference is excessive or unreasonable.
5.
Not rejecting SBEs as being unqualified without sound reasons based on a thorough investigation of
their capabilities. The contractor’s standing within its industry, membership in specific groups,
organizations, or associations and political or social affiliations (for example union vs. non-union
status) are not legitimate causes for the rejection or non-solicitation of bids in the Contractor’s efforts
to meet the Contract SBE goal. Another practice considered an insufficient good faith effort is the
rejection of the SBE because its quotation for the work was not the lowest received. However, nothing
in this paragraph shall be construed to require the Bidder to accept unreasonable quotes in order to
satisfy the Contract SBE goal.
Inability to find a replacement SBE at the original price is not alone sufficient to support a finding that
good faith efforts have been made to replace the original SBE. The fact that the Contractor has the
ability and/or desire to perform the contract work with its own forces does not relieve the Contractor
of the obligation to make good faith efforts to find a replacement SBE, and it is not a sound basis for
rejecting a prospective replacement SBE’s reasonable quote. Attempt, wherever possible, to
negotiate prices with potential subcontractors which submitted higher than acceptable price quotes.
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Keep a record of efforts, including the names of businesses contacted and the means and results of
such contacts.
6.
Making efforts to assist interested SBEs in obtaining bonding, lines of credit, or insurance as required
by the recipient or Contractor.
7.
Making efforts to assist interested SBEs in obtaining necessary equipment, supplies, materials, or
related assistance or services.
If the Contractor fails to meet the Contract SBE goal, they must submit documented evidence of good faith
effort(s) to meet the goal with the CR-268 final SBE Report to the DCR/AA for review and approval.
Submittal of such information does not imply DCR/AA approval. The Department’s DCR/AA has sole
authority to determine whether the Contractor met the Contract SBE goal or made adequate good faith
efforts to do so. If the DCR/AA determines that the Contractor has failed to meet the Contract SBE goal
or made adequate good faith effort to do so, the Department will follow Section 105.
J.
Submission of Affirmative Action Program
Contractors, subcontractors, and professional service firms performing work for the Department are
required to submit their company’s Affirmative Action Program annually to the DCR/AA. Contractors must
have an approved Affirmative Action Program on file in the DCR/AA no later than seven (7) State business
days after the date of bid opening. No recommendations to award will be made without an approved
Affirmative Action Program on file in the DCR/AA. Ensure subcontractors and professional service firms
have an approved Affirmative Action Plan on file in the DCR/AA prior to their beginning work on a particular
project.
The Annual Affirmative Action Program will include, but is not limited to the following:
1.
Copy of company’s comprehensive EEO/Affirmative Action Plan, with a cover page that includes the
company name and address, and signature of the Chief Executive or EEO Officer.
2.
Copy of document designating the company’s corporate EEO Officer, including the name, address
and contact telephone number for the officer, and signature of the Chief Executive or President, on
company letterhead.
3.
Copy of the company’s EEO Policy Statement on company letterhead, dated and signed by the Chief
Executive and the EEO Officer.
4.
Copy of the company’s Sexual Harassment Policy on company letterhead.
5.
EEO Legend such as letterhead, envelope, or published advertisement showing the company is an
equal opportunity employer.
6.
Copy of document designating the company’s SBE Liaison Officer to administer the firm’s Small
Business Program.
7.
SBE Affirmative Action Plan which is an explanation of affirmative action methods intended to be used
to seek out and consider SBEs as subcontractors, material suppliers or equipment lessors. This
refers to the Contractor’s ongoing responsibility, i.e., Small Business Enterprise/Affirmative Action
activities after the award of the Contract and for the duration of the Contract.
K.
SBE Liaison Officer. Designate a SBE Liaison Officer who shall be responsible for the administration of
your SBE program in accordance with the Contract and ensuring that the Contractor complies with all
provisions of the SBE Program.
L.
Consent by Department to Subletting. The Department will not approve any subcontract proposed by
the Contractor unless and until said Contractor has complied with the terms of the Contract.
M. Conciliation. In cases of alleged discrimination regarding these and all equal employment opportunity
provisions and guidelines, investigations and conciliation will be undertaken by the DCR/AA.
N.
Documentation
1.
Requiring of Information. The Department or the State funding agencies may at any time require
information as specified in Subsection 107.02 and deemed necessary in the judgment of the
Department to ascertain the compliance of any Bidder, Contractor, or subcontractor with the terms of
the Contract.
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2.
Record and Reports. The Contractor, subcontractors and other sub-recipients will keep such
records as are necessary to determine compliance with its SBE obligations. These records kept will
be designed to indicate:
a.
The names of SBE contractors, subcontractors, transaction expeditors and material suppliers
contacted for work on the Contract, including when and how contacted, and the specific Contract
work items and other information provided to each.
b.
Work, services, and materials which are not performed or supplied by the Contractor.
c.
The actual dollar value of work subcontracted and awarded to SBEs, including specific Contract
work items and cost of each work item.
d.
The progress being made, and efforts taken in seeking out and utilizing SBEs to include:
solicitations, specific Contract work items and the quotes and bids regarding those specific
Contract work items, supplies, leases, or other contract items, etc.
e.
Detailed written documentation of all correspondence, contacts, telephone calls, etc., including
names and dates/times, to obtain the services of SBEs on the Contract.
f.
Records of all SBEs and non-SBEs who have submitted quotes/bids to the Contractor on the
Contract.
g.
Monthly CR-267 – Monthly Report, Utilization of DBE/ESBE or SBE, and other reports required
for submission to the Department, hiring agreements, subcontracts, lease agreements,
equipment rental agreements, supply tickets, delivery slips, payment information, and other
records documenting SBE utilization on the Contract.
h.
Documentation outlining EEO workforce information for the Contract.
i.
Documentation outlining EEO and Affirmative Action efforts made in the administration and
performance of the Contract.
3.
Submission of Reports, Forms and Documentation. Submit reports, forms, and documentation,
as required by the Department, on those contracts and other business transactions executed with
SBEs in such form and manner as may be prescribed by the Department. Failure to submit the
required forms, reports or other documentation as required may result in payment being delayed or
withheld as specified in Section 105, assessing sanctions, or termination of the contract as specified
in Section 108. Submission of falsified forms, reports, or other required documentation may result in
termination of the Contract as specified in Section 108, investigation by the Department’s Inspector
General, and prosecution by the State Attorney General’s Office.
4.
Maintaining Records. All records must be maintained for a period of three (3) years following
acceptance of final payment and will be available for inspection by the Department, or the State
funding agencies.
O.
Prompt Payment to Subcontractors. Payment to subcontractors, equipment lessors, suppliers, and
manufacturers is made in accordance with Section 109.
P.
Non-Compliance. Failure by the Contractor to comply with the SBE program, rules, and regulations in
the administration of the Contract may result in denial or limit of credit toward the Contract SBE goal,
payment being delayed or withheld as specified in Section 105, assessing sanctions, liquidated damages
as specified in Section 108, default as specified in Section 108, debarment, or termination of the Contract
as specified in Section 108. The Contractor may further be declared ineligible for future Department
contracts.
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State Funded Project Attachment 2 – State Of NJ EEO Special Provisions for
Wholly State Funded Projects
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STATE FUNDED PROJECT ATTACHMENT 2
STATE OF NEW JERSEY EQUAL EMPLOYMENT OPPORTUNITY SPECIAL PROVISIONS FOR WHOLLY
STATE FUNDED PROJECTS
A.
General. It is the policy of the New Jersey Department of Transportation (hereafter “NJDOT”) that its
contracts should create a workforce that reflects the diversity of the State of New Jersey. Therefore,
contractors engaged by the Department to perform under a construction contract shall put forth a good
faith effort to engage in recruitment and employment practices that further the goal of fostering equal
opportunities to minorities and women.
The Contractor must demonstrate to the Department’s satisfaction that a good faith effort was made to
ensure that minorities and women have been afforded equal opportunity to gain employment under the
Department’s contract with the Contractor. Payment may be withheld from a Contractor’s contract for
failure to comply with these provisions.
Evidence of a “good faith effort” includes, but is not limited to:
1.
The Contractor shall recruit prospective employees through the New Jersey career connections
website, managed by the Department of Labor and Workforce Development, available online at
http://careerconnections.nj.gov/careerconnections/for_businesses.shtml
2.
The Contractor shall keep detailed documented evidence of its efforts, including records of all
individuals interviewed and hired, including the specific numbers of minorities and women;
3.
The Contractor shall actively solicit and shall provide the Department with proof of solicitations for
employment, including but not limited to advertisements in general circulation media, professional
service publications and electronic media;
4.
The Contractor shall provide evidence of efforts described at 2 above to the Department no less
frequently than once every 12 months; and
5.
The Contractor shall comply with the requirements set forth at N.J.A.C. 17:27-1.1 et seq.
The Contractor is required to implement and maintain a specific Affirmative Action Compliance Program
of Equal Employment Opportunity in support of the New Jersey “Law Against Discrimination”,
N.J.S.A. 10:5-31 et seq., and according to the Affirmative Action Regulations set forth at
N.J.A.C. 17:27-1.1 et seq.
The provisions of N.J.S.A. 10:2-1 through 10:2-4 and N.J.S.A. 10:5-31 et seq., as amended and
supplemented) dealing with discrimination in employment on public contracts, and the rules and
regulations promulgated pursuant thereunto, are hereby made a part of this contract and are binding upon
the Contractor.
Noncompliance by the Contractor with the requirements of the Affirmative Action program for Equal
Employment Opportunity may be cause for delaying or withholding monthly and final payments pending
corrective and appropriate measures by the Contractor to the satisfaction of the Department.
The Contractor will cooperate with the State agencies in carrying out its Equal Employment Opportunity
obligations and in their review of its activities under the contract.
The Contractor and all its subcontractors, not including material suppliers, holding subcontracts of $2,500
or more, will comply with the following minimum specific requirement activities of Equal Opportunity and
Affirmative Action set forth in these special provisions. The Contractor will include the following mandatory
equal employment opportunity language in every subcontract of $2,500 or more with such modification of
language in the provisions of such contracts as is necessary to make them binding on the subcontractor.
During the performance of this Contract, the contractor agrees as follows:
1.
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. 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
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identity or expression, veteran’s status, 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.
2.
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.
3.
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.
4.
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.
5.
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 trade
consistent with the targeted employment goal prescribed by N.J.A.C. 17:27-7.2; provided, however,
that the NJ Department of Labor and Workforce Development, Construction EEO Monitoring
Program, 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 NJ Department of
Labor and Workforce Development, Construction EEO Monitoring Program is satisfied that the
Contractor or subcontractor is employing workers provided by a union which provides evidence, in
accordance with standards prescribed by the NJ Department of Labor and Workforce Development,
Construction EEO Monitoring Program, 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. 17:27-7.2. 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 sub-
contractor 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 sub-contractor
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:
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(1) To notify the public agency compliance officer, the NJ Department of Labor and Workforce
Development, Construction EEO Monitoring Program, 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;
(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 NJ Department of Labor and Workforce Development, Construction EEO
Monitoring Program. 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 6(i) above,
whenever vacancies occur. At the request of the NJ Department of Labor and
Workforce Development, Construction EEO Monitoring Program, 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 NJ Department of Labor
and Workforce Development, Construction EEO Monitoring Program.
(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 NJ Department of Labor
and Workforce Development, Construction EEO Monitoring Program and submitted
promptly to the NJ Department of Labor and Workforce Development, Construction EEO
Monitoring Program 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 apprentice-ship 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,
January 2022
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State Funded Project Attachment 2 – State Of NJ EEO Special Provisions for
Wholly State Funded Projects
Page 4 of 7
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.
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.
The Contractor and its subcontractors shall furnish such reports or other documents to the NJ Department
of Labor and Workforce Development, Construction EEO Monitoring Program as may be requested by the
NJ Department of Labor and Workforce Development, Construction EEO Monitoring Program 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 NJ Department of Labor and Workforce Development,
Construction EEO Monitoring Program for conducting a compliance investigation pursuant to N.J.A.C.
17:27-1.1 et seq..
The Contractor agrees to cooperate with the public agency in the payment of budgeted funds, as is
necessary, for on-the-job and off-the-job programs for outreach and training of minority and female trainees
employed on the construction projects.
B.
Equal Employment Opportunity Policy. The Contractor agrees that it will accept and implement during
the performance of this contract as its operating policy the following statement which is designed to further
the provision of Equal Employment Opportunity to all persons 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 and to promote the full realization of Equal Employment
Opportunity through a positive continuing program:
“It is the policy of this company that it 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 and that it will take Affirmative
Action to ensure that applicants are recruited and employed and that employees are treated during
employment without regard to their age, race, creed, color, national origin, ancestry, marital status,
affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such action
shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment
or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection
for training, including apprenticeship.”
C.
Equal Employment Opportunity Officer. Designate and make known to the Department’s contracting
officers, an Equal Employment Opportunity Officer (hereafter “EEO Officer”) who will have the
responsibility for and must be capable of effectively administering and promoting an active Equal
Employment Opportunity program and be assigned adequate authority and responsibility to do so.
D.
Dissemination of Policy.
1.
Implementation. All members of the Contractor’s staff who are authorized to hire, supervise,
promote, and discharge employees, or who recommend such action, will be made fully cognizant of,
and will implement, the Contractor’s Equal Employment Opportunity Policy and contractual
responsibilities to provide Equal Employment Opportunity in each grade and classification of
January 2022
June 2017
State Funded Project Attachment 2 – State Of NJ EEO Special Provisions for
Wholly State Funded Projects
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employment. To ensure that the above agreement will be met, the following actions will be taken as
a minimum:
a.
Initial Project Site Meeting. Conduct an initial project site meeting with supervisory and
personnel office employees before the start of work and then not less often than once every 6
months, at which time the Contractor’s Equal Employment Opportunity Policy and its
implementation will be reviewed and explained. The EEO Officer will conduct the meetings.
b.
EEO Obligations. Give all new supervisory or personnel office employees a thorough
indoctrination by the EEO Officer covering all major aspects of the Contractor’s Equal
Employment Opportunity obligations within 30 days following their reporting for duty with the
Contractor.
c.
All personnel who are engaged in direct recruitment for the project will be instructed by the EEO
Officer in the Contractor’s procedures for locating and hiring minority and women workers.
2.
Take the following actions in order to make the Contractor’s Equal Employment Opportunity Policy
known to all employees, prospective employees, and potential sources of employees, i.e., schools,
employment agencies, labor unions (where appropriate), college placement officers, etc.
a.
Place notices and posters setting forth in the Contractor’s Equal Employment Opportunity policy,
as set forth in Section 2 of these Equal Employment Opportunity Special Provisions in
conspicuous places readily accessible to employees, applicants for employment and potential
employees.
b.
Bring the Contractor’s Equal Employment Opportunity Policy and the procedures to implement
such policy to the attention of employees by means of meetings, employee handbooks, or other
appropriate channels.
E.
Recruitment
1.
In all solicitations and advertisements for employees placed by or on behalf of the Contractor, the
Contractor will 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, veteran’s status, disability, nationality, or sex. All such
advertisements will be published in newspapers or other publications having a large circulation among
minorities and women in the area from which the project workforce would normally be derived.
2.
Unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through
public and private employee referral sources likely to yield qualified minority and women applicants,
including, but not limited to state employment agencies, schools, colleges and minority and women
organizations. Through their EEO Officer, identify sources of potential minority and women
employees, and establish with such identified sources procedures whereby minority and women
applicants may be referred to the Contractor for employment consideration.
3.
In the event the Contractor has a valid bargaining agreement providing for exclusive hiring hall
referrals, he is expected to observe the provisions of that agreement to the extent that the system
permits the Contractor’s compliance with Equal Employment Opportunity contract provisions. (The
US Department of Labor has held that where implementations of such agreements have the effect of
discriminating against minorities or women, or obligates the Contractor to do the same; such
implementation violates Executive Order 11246, as amended).
4.
In the event that the process of referrals established by such a bargaining agreement fails to provide
the Contractor with a sufficient number of minority and women referrals within the time period set forth
in such an agreement, the Contractor shall comply with the provisions of “Section I Unions” of this
“State Of New Jersey Equal Employment Opportunity Special Provisions for Wholly State Funded
Projects” Attachment.
F.
Personnel Actions. Wages, working conditions, and employee benefits shall be established and
administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer,
demotion, layoff, and termination, shall be taken without regard to age, race, color, creed, national origin,
ancestry, marital status, affectional or sexual orientation, gender identity or expression, veterans’ status,
disability, nationality, or sex. The following procedures shall be followed:
January 2022
June 2017
State Funded Project Attachment 2 – State Of NJ EEO Special Provisions for
Wholly State Funded Projects
Page 6 of 7
1.
Conduct periodic inspections of project sites to ensure that working conditions and employee facilities
do not indicate discriminatory treatment of project site personnel.
2.
Periodically evaluate the spread of wages paid within each classification to determine any evidence
of discriminatory wage practices.
3.
Periodically review selected personnel actions in-depth to determine whether there is evidence of
discrimination. Where evidence is found, the Contractor will promptly take corrective action. If the
review indicates that the discrimination may extend beyond the actions reviewed, such corrective
action shall include all affected persons.
4.
Promptly investigate all complaints of alleged discrimination made to the Contractor in connection
with his/her obligations under this contract, will attempt to resolve such complaints, and will take
appropriate corrective action within a reasonable time. If the investigation indicates that the
discrimination may affect persons other than the complainant, such corrective action shall include
such other persons. Upon completion of each investigation, the Contractor will inform every
complainant of all of their avenues of appeal.
G.
Training and Promotions.
1.
Assist in locating, qualifying, and increasing the skills of minority group and women workers, and
applicants for employment.
2.
Consistent with the Contractor’s workforce requirements and as permissible under State regulations,
make full use of training programs, i.e., apprenticeship, and on-the-job training programs, for the
geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in
each occupation shall be in their first year of apprenticeship or training.
3.
Advise employees and applicants for employment of available training programs and entrance
requirements for each.
4.
Periodically review the training and promotion potential of minority group and women workers and
encourage eligible employees to apply for such training and promotion.
H.
Unions. If the Contractor relies in whole or in part upon unions as a source of employees, the Contractor
will use their good faith efforts to obtain the cooperation of such unions to increase opportunities for
minority groups and women within the unions, and to effect referrals by such unions of minority and women
workers. Actions by the Contractor either directly or through a Contractor’s association acting, as agent
will include the procedures set forth below:
1.
The Contractor will send to each labor union or representative of workers with which it has a collective
bargaining agreement or other contract of understanding, a notice advising the labor union or workers’
representative of the Contractor’s commitments under both the law against discrimination and this
contract and shall post copies of the notice in conspicuous places readily accessible to employees
and applicants for employment. Further, the notice will request assurance from the union or worker’s
representative that such union or worker’s representative will cooperate with the Contractor in
complying with the Contractor’s Equal Employment Opportunity and Affirmative Action obligations.
2.
The Contractor will use their best efforts to develop, in cooperation with the unions, joint training
programs aimed toward qualifying more minority group members and women for membership in the
unions and increasing the skills of minority group employees and women so that they may qualify for
higher paying employment.
3.
The Contractor will use their best efforts to incorporate an Equal Employment Opportunity clause into
each union agreement to the end that such union will be contractually bound to refer applicants
without regard to their age, race, color, creed, sex, national origin, ancestry, marital status, affectional
or sexual orientation, gender identity or expression, disability, or nationality.
4.
The Contractor is to obtain information as to the referral practices and policies of the labor union
except to the extent that such information is within the exclusive possession of the labor union and
such labor unions refuse to furnish this information to the Contractor, certify to the Department and
shall set forth what efforts have been made to obtain this information.
5.
In the event the union is unable to provide the Contractor with a reasonable flow of minority and
women referrals within the time limit set forth in the collective bargaining agreement, the Contractor
will, through independent recruitment efforts, fill the employment vacancies without regard to age,
race, color, creed, sex, national origin, ancestry, marital status, affectional or sexual orientation,
January 2022
June 2017
State Funded Project Attachment 2 – State Of NJ EEO Special Provisions for
Wholly State Funded Projects
Page 7 of 7
gender identity or expression, disability, or nationality making full efforts to obtain qualified and/or
qualifiable minority group persons and women. (The US Department of Labor has held that it shall be
no excuse that the union with which the Contractor has a collective bargaining agreement providing
for exclusive referral failed to refer minority employees). In the event the union referral practice
prevents the Contractor from meeting the obligations pursuant to Executive Order 11246, as
amended, and these Special Provisions, such Contractor shall immediately notify the Department.
I.
Subcontracting. The Contractor will use his best efforts to solicit bids from and to utilize minority group
and women subcontractors or subcontractors with meaningful minority group and women representation
among their employees. Contractors may use lists of minority owned and women owned construction
firms as issued by the NJDOT and/or the New Jersey Unified Certification Program (NJUCP).
Ensure subcontractor compliance with the Contract’s Equal Employment Opportunity obligations.
J.
Records and Reports
1.
Keep such records as are necessary to determine compliance with the Contractor’s Equal
Employment Opportunity obligations. Records kept will be designed to indicate:
a.
The work hours of minority and non-minority group members and women employed in each work
classification on the project;
b.
The progress and efforts being made in cooperation with unions to increase employment
opportunities for minorities and women (applicable only to Contractors who rely in whole or in
part on unions as a source of their workforce);
c.
The progress and efforts being made in locating, hiring, training, qualifying, and upgrading
minority and women workers; and
d.
The progress and efforts being made in securing the services of minority group and women
subcontractors or subcontractors with meaningful minority and women representation among
their employees.
2.
All such records must be retained for a period of five (5) years following completion of the contract
work and shall be available at reasonable times and places for inspection by authorized
representatives of the NJDOT.
3.
Submit monthly reports to the NJDOT after construction begins for the duration of the project,
indicating the work hours of minority, women, and non-minority group employees currently engaged
in each work classification required by the contract work. This information is to be reported on a form
supplied by the NJDOT.
January 2022
June 2017
State Funded Project Attachment 3 – Requirements for AA to Ensure EEO on Wholly State Funded Contracts
Page 1 of 3
STATE FUNDED PROJECT ATTACHMENT 3
REQUIREMENTS FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY ON
WHOLLY STATE FUNDED PROJECTS
A.
Minority and Women Employment Goal Obligations. The Department has established, pursuant to
N.J.A.C. 17:27-7.2, the minority and women goals for each construction contractor and subcontractor
based on availability statistics as reported by the New Jersey Department of Labor, Division of Planning
and Research, in its report, “EEO Tabulation - Detailed Occupations by Race/Hispanic Groups.” The
goals for minority and women participation, in the covered area, expressed in percentage terms for the
Contractor’s aggregate work force in each trade, on all construction work are:
Minority and Women Employment Goal Obligations for Construction
Contractors and Subcontractors on Wholly State Funded Projects
County
Minority %
Participation
Women %
Participation
Percent
Percent
Atlantic
18
6.9
Bergen
22
6.9
Burlington
15
6.9
Camden
19
6.9
Cape May
5
6.9
Cumberland
27
6.9
Essex
53
6.9
Gloucester
9
6.9
Hudson
60
6.9
Hunterdon
3
6.9
Mercer
30
6.9
Middlesex
24
6.9
Monmouth
15
6.9
Morris
16
6.9
Ocean
7
6.9
Passaic
36
6.9
Salem
10
6.9
Somerset
20
6.9
Sussex
4
6.9
Union
45
6.9
Warren
5
6.9
The NJ Department of Labor and Workforce Development, Construction EEO Monitoring Program has
interpreted Section 7.2 of the State of New Jersey Affirmative Action Regulations as applicable to work
hour goals for minority and women participation.
If a project is located in more than one county, the minority work hour goal will be determined by the county
which serves as the primary source of hiring or, if workers are obtained equally from one or more counties,
the single minority goal shall be the average of the individual goal for the affected counties.
January 2022
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State Funded Project Attachment 3 – Requirements for AA to Ensure EEO on Wholly State Funded Contracts
Page 2 of 3
The NJ State Department of Labor and Workforce Development, Construction EEO Monitoring Program
may designate a regional goal for minority membership for a union that has regional jurisdiction. No
regional goals shall apply to this project unless specifically designated elsewhere herein.
When hiring workers in the construction trade, the Contractor and/or subcontractor agree to attempt, in
good faith, to employ minority and women workers in each construction trade, consistent with the
applicable county or, in special cases, regional goals.
It is understood that the goals are not quotas. If the Contractor or subcontractor has attempted, in good
faith, to satisfy the applicable goals, they will have complied with their obligations under these EEO Special
Provisions. It is further understood that if the Contractor shall fail to attain the goals applicable to this
project, it will be the Contractor’s obligation to establish to the satisfaction of the Department that it has
made a good faith effort to satisfy such goals. The Contractor or subcontractor agrees that a good faith
effort to achieve the goals set forth in these special provisions shall include compliance with the following
procedures:
B.
Requests for Referrals from Unions to Meet Contract Workforce Goals. Requests shall be made by
the Contractor or subcontractor to each union or collective bargaining unit with which the Contractor or
subcontractor has a referral agreement or arrangement for the referral of minority and women workers to
fill job openings. Requests shall also be made for assurances for the referral of minority and women
workers to fill job openings. Requests shall also be made for assurances from such unions or collective
bargaining units that they will cooperate with the Contractor or subcontractor in fulfilling the Affirmative
Action obligations of the Contractor or subcontractor under this contract. Such requests shall be made
prior to the commencement of construction under the contract.
1.
The Contractor and its subcontractors shall comply with Section I, Unions of these EEO Special
Provisions and, in particular, with Section I, Paragraph D, if the referral process established in any
collective bargaining arrangement is failing to provide the Contractor or subcontractor with a sufficient
number of minority and women referrals.
2.
The Contractor and its subcontractors shall notify the Department’s Compliance Officer, the NJ
Department of Labor and Workforce Development, Construction EEO Monitoring Program and at
least one approved minority referral organization of the Contractor’s or subcontractors work force
needs and of the Contractor’s or subcontractor’s desire for assistance in attaining the goals set forth
herein. The notifications should include a request for referral of minority and women workers.
3.
The Contractor and its subcontractors shall notify the Department’s Compliance Officer and the NJ
Department of Labor and Workforce Development, Construction EEO Monitoring Program in the
event that a union or collective bargaining unit is not making sufficient minority and women referrals
to enable the Contractor or subcontractor to attain the workforce goals for the Contract.
4.
The Contractor and its subcontractors shall make standing requests to all local construction unions,
the State’s training and employment service and other approved referral sources for additional
referrals of minority and women workers until such time as the project workforce is consistent with the
work hour goals for the Contract.
C.
In the event that it is necessary to lay off some of the workers in a given trade on the construction site, the
Contractor and its subcontractors shall ensure that fair layoff practices are followed regarding minority,
women and other workers.
D.
Comply with the other requirements of these EEO Special Provisions.
E.
Reporting Requirements.
1.
Directly provide the NJ Department of Labor and Workforce Development, Office of Diversity
Compliance, Construction Contract Compliance Unit with workforce data for the Contract.
a.
After notification of award, but prior to signing the Contract, submit to the Department and the
Department of Labor and Workforce Development, Construction EEO Monitoring Program an
AA-201 – Initial Project Workforce Report Construction form in accordance with
N.J.A.C. 17:27-7. Also, submit the information within 10 working days of award of any
construction subcontract in excess of $10,000 at any tier for construction work under the
Contract. This form is available online at the New Jersey Department of the Treasure’s website
January 2022
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State Funded Project Attachment 3 – Requirements for AA to Ensure EEO on Wholly State Funded Contracts
Page 3 of 3
at:
https://www.nj.gov/treasury/contract_compliance/documents/pdf/forms/aa202.pdf.
Instructions
for
completing
the
form
can
be
found
online
at:
https://www.nj.gov/treasury/contract_compliance/documents/pdf/forms/aa201ins.pdf.
b.
Monthly, complete and submit an AA 202 - Monthly Project Workforce Report – Construction
form for the duration of the Contract. This form may be completed:
(1) Manually and mailed to the Department of Labor & Workforce Development, Construction
& EEO Monitoring Program, P.O. Box 209, Trenton, NJ 08625-0209, or:
(2) Input electronically directly onto the AA-202 form via the Department of the Treasury’s
Premier Business Services Online Forms web application. Information about how to
register and access the Premier Business Services web application can be found at:
https://www.nj.gov/treasury/contract_compliance/documents/pdf/PBS-Introduction-
Page.pdf. Follow all instructions to set up online access to the web application.
(3) Submit a printed copy of the AA-202 form to the Department along with the hard copy of the
CC-257R and confirmation e-mail of the successful submission of Monthly Employment
Utilization Report.
2.
Directly provide the Department with employment workforce data of the number and work hours of
minority and non-minority group members and women employed in each work classification for the
Contract. The Contractor, subcontractors, professional service firms and others working on the
project must submit this information via a web-based application through the New Jersey portal,
Vendor Workforce Reporting Manager. Instructions on how to complete Form CC-257R are provided
within the web application. Instructions for registering and receiving the authentication code to access
the web based application can be found at the Contractor Manpower Project Reporting CC-257R
website at: https://www.nj.gov/transportation/business/civilrights/pdf/CC257R.pdf.
a.
On a monthly basis, submit Form CC-257R through the web-based application within 10 days
following the end of each reporting month.
b.
In addition to the above, submit a hard copy of the electronic Form CC-257R to the RE within 10
days following the end of each reporting month.
c.
Submit a copy of the confirmation e-mail of the successful submission of Monthly Employment
Utilization Report to the RE within 10 days following the end of each reporting month.
3.
All employment data must be accurate and consistent with certified payroll records. The Contractor
is responsible for ensuring compliance with these reporting requirements. Failure of the Contractor,
subcontractors, professional service firms and others working on the Contract to report monthly
employment and wage data may result in payments being delayed or withheld as per 105.01, or
impact the Contractor’s prequalification rating with the Department.
June 2017
State Funded Project Attachment 4 – Investigating, Reporting & Resolving Employment Discrimination & Sexual
Harassment Complaints
Page 1 of 1
STATE FUNDED PROJECT ATTACHMENT 4
INVESTIGATING, REPORTING AND RESOLVING EMPLOYMENT DISCRIMINATION AND SEXUAL
HARASSMENT COMPLAINTS ON WHOLLY STATE FUNDED PROJECTS
The Contractor hereby agrees to the following requirements in order to implement fully the nondiscrimination
provisions of the Supplemental Specifications:
The Contractor agrees that in instances when it receives from any person working on the project site a verbal
or written complaint of employment discrimination, prohibited under N.J.S.A. 10:5-1 et seq. 10:2-1 et seq., 42
U.S.C. 2000 (d) et seq., 42 U.S.C. 2000(e) et seq. and Executive Order 11246, it shall take the following actions:
A.
Within one (1) working day commence an investigation of the complaint, which will include but not be
limited to interviewing the complainant, the respondent, and all possible witnesses to the alleged act or
acts of discrimination or sexual harassment.
B.
Prepare and keep for its use and file a detailed written investigation report which includes the following
information:
1.
Investigatory activities and findings.
2.
Dates and parties involved and activities involved in resolving the complaint.
3.
Resolution and corrective action taken if discrimination or sexual harassment is found to have taken
place.
4.
A signed copy of resolution of complaint by complainant and Contractor.
(In addition to keeping in its files the above-noted detailed written investigative report, the Contractor shall
keep for possible future review by the Department, all other records, including, but not limited to, interview
memos and statements.)
C.
Upon the request of the Department, provides to the Department within ten (10) calendar days a copy of
its detailed written investigative report and all other records on the complaint investigation and resolution.
D.
Take appropriate disciplinary actions against any Contractor employee, official or agent who has
committed acts of discrimination or sexual harassment against any Contractor employee or person working
on the project. If the person committing the discrimination is a subcontractor employee, then the Contractor
is required to attempt to effectuate corrective and/or disciplinary action by the subcontractor in order to
establish compliance with the Contract.
E.
Take appropriate disciplinary action against any Contractor employee, official or agent who retaliates,
coerces or intimidates any complainant and/or person who provides information or assistance to any
investigation of complaints of discrimination or sexual harassment. If the person retaliating, coercing or
intimidating a complainant or other person assisting in an investigation is a subcontractor’s employee, then
the Contractor is required to attempt to effectuate corrective and/or disciplinary action taken by the
subcontractor in order to establish compliance with the Contract.
F.
Ensure to the maximum extent possible that the privacy interests of all persons who give confidential
information in aid of the Contractor’s employment discrimination investigation are protected.
G.
In conjunction with the above requirements, the Contractor herein agrees to develop and post a written
sexual harassment policy for its workforce.
H.
The Contractor also agrees that its failure to comply with the above requirements may be cause for the
Department to institute against the Contractor any and all enforcement proceedings and/or sanctions
authorized by the Contract or by State and/or Federal law.
June 2017
State Funded Project Attachment 5 - Payroll Requirements for Wholly State Funded Projects
Page 1 of 1
STATE FUNDED PROJECT ATTACHMENT 5
PAYROLL REQUIREMENTS FOR WHOLLY STATE FUNDED PROJECTS
A.
Payroll Reports. Each Contractor and subcontractor shall furnish the RE with payroll reports for each
week of contract work. Such reports shall be submitted within 10 days of the date of payment covered
thereby and shall contain the following information:
1.
Each employee’s full name and address of each such employee.
2.
The ethnicity and gender of each employee.
3.
Each employee’s specific work classification (s).
4.
Entries indicating each employee’s basis hourly wage rate(s) and, where applicable, the overtime
hourly wage rate(s). Any fringe benefits paid to approved plans, funds or programs on behalf of the
employee must be indicated. Any fringe benefits paid to the employee in cash must be indicated.
5.
Each employee’s daily and weekly hours worked in each classification, including actual overtime
hours worked (not adjusted).
6.
Each employee’s gross wage.
7.
The itemized deductions made.
8.
The net wages paid.
B.
Statement of Wages. Each Contractor or subcontractor shall furnish a statement each week to the RE
with respect to the wages paid each of its employees engaged in contract work covered by the New Jersey
Prevailing Wage Act during the preceding weekly payroll period. The statement shall be executed by the
Contractor or subcontractor or by an authorized officer or employee of the Contractor or subcontractors
who supervises the payment of wages. Contractors and subcontractors must use the certification set forth
on NJ Department of Labor Payroll Certification for Public Works Project (R-08-12-08), or any form with
identical wording.
C.
Maintaining Records. Contractor and subcontractor shall maintain complete social security numbers and
home address for employees. Government agencies are entitled to request or review all relevant payroll
information, including social security numbers and addresses of employees. Contractors and
subcontractors are required to provide such information upon request.
D.
Lack of Compliance. Failure of the Contractor or subcontractor to comply with the payroll requirements
may result in payment being delayed or withheld as specified in Section 105, default as specified in Section
108 or termination of the Contract as specified in Section 108.
June 2017
State Funded Project Attachment 6 – ADA Act State Funded Projects
Page 1 of 1
STATE FUNDED PROJECT ATTACHMENT 6
AMERICANS WITH DISABILITIES ACT REQUIREMENTS FOR WHOLLY STATE FUNDED PROJECTS
Equal Opportunity for Individuals with Disabilities.
The CONTRACTOR and the STATE do hereby agree that the provisions of Title II of the American With
Disabilities Act of 1990 (the “ACT”) (42 U.S.C. Section 12101 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 STATE 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 STATE in any action or administrative
proceeding commenced pursuant to this Act. The CONTRACTOR shall indemnify, protect, and save harmless
the STATE, 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 own expense, appear, defend, and pay any and all charges for legal services 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 STATE’S grievance procedure, the CONTRACTOR
agrees to abide by any decision of the STATE which is rendered pursuant to said grievance procedure. If any
action or administrative proceeding results in an award of damages against the STATE or if the STATE 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 STATE shall, as soon as practicable after a claim has been made against it, give written notice thereof to
the CONTRACTOR along with full and complete particulars of the claim. If any action or administrative
proceeding is brought against the STATE or any of its agents, servants, and employees, the STATE shall
expeditiously forward or have forwarded to the CONTRACTOR every demand, complaint, notice, summons,
pleading, or other process received by the STATE or its representatives.
It is expressly agreed and understood that any approval by the STATE 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 STATE pursuant to this paragraph.
It is further agreed and understood that the STATE 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 STATE
from taking any other actions available to it under any other provisions of this Agreement or otherwise at law.
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performance bond
Evidence Detected
"...The successful Bidder is hereby notified that a Performance and Payment Bonds for the full amount of this Project is
required...."
liquidated damages
Evidence Detected
"...For each calendar day that the Contractor fails to achieve Completion as specified in Subsection 108.10 of
these Special Provisions, the Borough will assess liquidated damages in the amount of $1,000.00...."
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Contacts
Carmela Pogorzelski
Borough Clerk
hidden@email.com
UnlockJohn P. DuPont, P.E., CME, P.P.
Director of Engineering · Municipal Engineering
hidden@email.com
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Timeline
First Discovered
Apr 1, 2026
Last Info Update
Apr 1, 2026
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