NOTICE TO BIDDERS CITY OF PASSAIC

Transcription

1 NOTICE TO BIDDERS CITY OF PASSAIC Sealed Proposals will be received on Tuesday, July 31, 2018 at 10:45 A.M. prevailing time in the Purchasing Conference Room, 2 nd Floor, Room 203, 330 Passaic Street, Passaic, New Jersey and then publicly opened and read aloud for the following: RECREATION UNIFORMS YEAR CITY OF PASSAIC Instructions, Specifications and Proposal blanks may be downloaded from the City of Passaic website or obtained at the Division of Purchasing, City Hall, 330 Passaic Street, Passaic, New Jersey between the hours of 8:30 A.M. and 4:00 P.M. daily except Saturdays, Sundays and Holidays. Proposals must be made on the standard Proposal Form provided, accompanied by a Proposal Guarantee in the form of a Bid Bond from a Surety/Bonding Company licensed and qualified to do business in the State of New Jersey pursuant to Federal and/or State law as a Surety, a Certified Check, or Cashier s Check in the amount of ten (10%) of the total amount bid, but not in excess of $20, to insure signing of the contract. Proposal and Proposal Guarantee must be enclosed in a sealed envelope addressed to the City of Passaic, Division of Purchasing, Attn: Doris Dudek, Director of Purchasing; 330 Passaic Street, Passaic, NJ; bearing the name and address of the bidder written on the face of the envelope, and clearly marked BID with the contract title. The City of Passaic is only responsible for forwarding addendums or clarifications to those prospective bidders who obtained specifications directly from the City of Passaic, Division of Purchasing or to those who have put the City of Passaic s Division of Purchasing on notice as having received the specification. Bidders must be registered with the Division of Revenue, State of New Jersey for a Business Registration Certificate prior to the time a contract is awarded or authorized. If awarded a contract, your company/firm shall be required to comply with the requirements of N.J.S.A. 10:5-31 et. seq. and N.J.A.C. 17:27. The City of Passaic reserves the right to waive any informality in the bids received and the right to consider bids for sixty (60) days after their receipt. DORIS DUDEK, R.P.P.O., QPA DIRECTOR OF PURCHASING

2 PROPOSAL FORM Mrs. Doris Dudek Director of Purchasing 330 Passaic Street Passaic, NJ RECREATION UNIFORMS YEAR CITY OF PASSAIC Date (I) or (We) do hereby submit our bid for supplying and delivering Recreation Uniforms for Year to the Recreation Department in the City of Passaic, at the following prices: Item # Description Approx. Qty Unit Price Total 1 RECREATION BASEBALL/SOFTBALL UNIFORMS Game Shirts - Jerzee 29M T-Shirts, Blend; one color print, print must be flashed, 8 number on back. (various numbers) Youth Sizes 300 $ $ Adult Sizes 480 $ $ Adult 2XL-4XL Added charge per shirt 20 $ $ 2 Game Pants Adult Plain Gray/Black - 100% polyester drawstring pants. Small - Large 200 $ $ XL 60 $ $ XXL 30 $ $ Youth Plain Gray/Black, Draw String 100% Polyester Socks - 1 color, heel & toe style. Sizes M-XL - various colors Hats - Cotton Twill, All Purpose, One size fits all Velcro closure 200 $ $ 600 $ $ 600 $ $ 1

3 Item # Description Approx. Qty Unit Price Total 6 TRAVEL BASEBALL UNIFORMS Game Shirts - MLB Majestic Cool Base Pro Style Game Jersey (Style Y) (Indians) 2 Color front. 8 two color number on the back OR Youth Sizes 60 Ea. $ $ Adult Sizes 120 Ea. $ $ Adult XXL 10 Ea. $ $ 7 Game Shirts - MLB Majestic Cool Base V-Neck Game Jersey (Style G008-GY08) (Indians) 2 color front 8 Two color number on back OR Youth Sizes 60 Ea. $ $ Adult Sizes 120 Ea. $ $ Adult XXL 10 Ea. $ $ 8 Game Shirts - MLB Majestic Premier Eagle 2- Button Color-Blocked jersey (Style I383-IY83) (Indians) 2 color front 8 two color number on the back Total Youth Sizes 60 Ea. $ $ Adult Sizes 120 Ea. $ $ Adult XXL 10 Ea. $ $ 9 Game Pants - MLB Majestic Batter Logo Cool Base HD Un-hemmed Baseball Pant (Style Y) OR Youth Sizes Total 60 ea. $ $ Adult Sizes 120 Ea. $ $ Adult XXL 10 Ea. $ $ 2

4 Item # Description Approx. Qty Unit Price Total 10 TRAVEL BASEBALL UNIFORMS, cont d Game Pants - MLB Majestic Batter Logo Cool Base HD Piped Baseball Pant (Style G013-GY13) OR Youth Sizes 60 ea. $ $ Adult Sizes 120 Ea. $ $ Adult XXL 10 Ea. $ $ 11 Game Pants - MLB Majestic Batter Logo Cool Base HD Baseball Pant (Style Y) Youth Sizes 60 ea. $ $ Adult Sizes 120 Ea. $ $ Adult XXL 10 Ea. $ $ 12 Hats - OC Sports Style MLB-595 Youth Sizes Adult Sizes 60 ea. $ $ 120 ea. $ $ Adult X XL 10 ea. $ $ TRAVEL SOFTBALL UNIFORMS 13 Game Shirts - Holloway Style Ladies Rise Jersey Navy/Blue Grey/White (Lady Indians) 2 color print on front 8 color number on back Youth Sizes 30 ea. $ $ Adult Sizes 40 ea. $ $ Adult XXL 10 ea. $ $ 3

5 Item # Description Approx. Qty Unit Price Total 14 TRAVEL SOFTBALL UNIFORMS, cont d Game Pants - Don Alleson or Equivalent Women s Fastpitch Pant: Model 605PBW, Charcoal 100% double knit 12oz. polyester, low rise women s cut w/mid-calf length, double knee construction, sever pro-style loops, two double welt set-in ergonomically back pockets, 2 elastic waistband, zipper fly Youth Sizes 30 ea. $ $ Adult Sizes 40 ea. $ $ 15 Hats - OC Sports Style MLB-175 (Indians) Youth/Adult Sizes Adult XXL 10 ea. $ $ 80 ea. $ $ 16 Belts - Baseball/Softball Belts w/leather tabs Youth Sizes 120 ea. $ $ Adult Sizes 130 ea. $ $ RECREATION FOOTBALL UNIFORMS Travel Jerseys - Wilson or equivalent sublimated jerseys (name & mascot) mock side panel overlapping V neck jersey. Numbers on front, back & sleeves Pants - Wilson or equivalent football pants red/navy with stripe on the side and padding attached Youth Sizes (S-XL) 120 ea. $ $ Adult Sizes (S-XL) 80 ea. $ $ Adult Sizes (2XL-4XL) 20 ea. $ $ Youth Sizes (S-XL) 120 ea. $ $ Adult Sizes (S-XL) 80 ea. $ $ Adult (2XL-4XL) 20 ea. $ $ 4

6 Item # Description Approx. Qty Unit Price Total 19 RECREATION FOOTBALL UNIFORMS, cont d Martin Practice Jersey or equivalent 100% polyester, with one color print on front 20 Practice Pants 100% Polyester Youth Sizes 120 ea. $ $ Adult Sizes 80 ea. $ $ Adult Sizes (2XL-4XL) 10 ea. $ $ 5 Youth Sizes 70 ea. $ $ Adult Sizes 70 ea. $ $ Adult Sizes (2XL-4XL) 10 ea. $ $ Web belts Heavy duty nylon with D ring Pro Down 100 ea. $ $ Alleson or equivalent Integrated padded football girdles Youth Sizes 60 ea. $ $ Adult Sizes 80 ea. $ $ RECREATION BASKETBALL UNIFORMS Game Shirts Winter and Summer - Jerzee 29M T-Shirts, Blend, one color print, Print must be flashed, 8 number on back (Various Numbers) Youth Sizes 160 ea. $ $ TRAVEL BASKETBALL UNIFORMS Adult Sizes 160 ea. $ $ Adult Sizes (2XL-4XL) 40 ea. $ $ Game Shirts Badger Sports or equivalent 100% polyester moisture management/antimicrobial performance fabric, sublimated digital front shoulder inserts & sides panels, self-fabric v-neck collar, double-needle hem and armholes badger size jock tag. 2 color print, 2 color 8 number on back Print must be flashed Youth Model # ea. $ $ Adult Model # ea. $ $ Adult 2XL-4XL 10 ea. $ $

7 Item # Description Approx. Qty Unit Price Total 25 TRAVEL BASKETBALL UNIFORMS, cont d Game Shorts Badger Sports or equivalent, 100% Polyester moisture management/antimicrobial performance fabric sublimated digital side panels, covered elastic waistband with draw cord, badger heat seal logo on left hip, 2 color print, 2 color 8 number on back Print must be flashed Youth Model # ea. $ $ Adult Model # ea. $ $ Adult 2XL 4XL 10 ea. $ $ 26 RECREATION SOCCER UNIFORMS Game Shirts Jerzee 29MT-Shirts Blend; one color print, 8 number on back (various numbers) Print must be flashed Youth Sizes 200 ea. $ $ Adult Sizes 100 ea. $ $ 27 RECREATION VOLLEYBALL UNIFORMS Game Shirts Jerzee 29M T-Shirts, blend, one color print, 8 number on back. Print must be flashed Youth Sizes 60 ea. $ $ Adult Sizes 90 ea. $ $ 2XL-4XL 10 ea. $ $ 28 RECREATION LACROSSE UNIFORMS Game Shirts - Jerzee 29M T-Shirts, blend, one color print, 8 number on back. Print must be flashed Youth Sizes 40 ea. $ $ Adult Sizes 20 ea. $ $ 2XL-4XL 10 ea. $ $ 6

8 Item # Description Approx. Qty Unit Price Total RECREATION PEE WEE PROGRAM UNIFORMS Jerzee 29M T-Shirts, blend, one color print, 8 number on back. Print must be flashed 31 Singlets 32 RECREATION TENNIS UNIFORMS Jerzee or equivalent, Collared shirts, one color logo Passaic Recreation on the front RECREATION WRESTLING COACHES SHIRTS Augusta Sportswear or equivalent, Model 1000 Navy/white or Red/White with Passaic Recreation & recreation logo embroidered on left chest Soccer Youth 50 ea. $ $ Basketball Youth 50 ea. $ $ Flag Football - Youth 50 ea. $ $ T-Ball Youth 100 ea. $ $ Youth Sizes 40 ea. $ $ Adult Sizes 20 ea. $ $ Youth Sizes 20 ea. $ $ Adult Sizes 20 ea. $ $ Adult Sizes 150 ea. $ $ 2XL -4XL 30 ea. $ $ GRAND TOTAL $ 7

9 VENDOR MUST INDICATE BRAND NAME OF ITEMS In signing this Proposal Form, we certify that the prices are not in collusion with any other bidder. NAME OF VENDOR: ADDRESS AUTHORIZED SIGNATURE TELEPHONE FAX # FEDERAL TAX ID # 8

10 SPECIFICATIONS RECREATION UNIFORMS YEAR CITY OF PASSAIC 1. The intent of this specification is for the City of Passaic to make awards to competent and qualified recreation uniform suppliers who submit a responsive and responsible bid reflecting the lowest unit price. A. Furnishing and delivery of Recreation Uniforms to the City of Passaic. Prices shall hold firm for the length of this contract excluding all taxes, and including all transportation and delivery charges full prepaid F.O.B. destination, Passaic Recreation, 330 Passaic Street, Passaic, NJ, inside delivery. B. All Prices must be inclusive of Direct Screen Charges. C. The City of Passaic reserves the right to make awards on the basis of net unit price, subtotal or total bid price. D. The quantities shown are approximate only, and the City of Passaic reserves the right to increase or decrease the quantities. These quantities are not intended to be either maximum or minimum requirements, rather estimated quantities as needed by the City of Passaic. 2. Whenever in these specifications a brand or manufacturer s name is utilized, same is included for descriptive purposes, only, and products equivalent to that provided by the individual brand or manufacturer s name may be substituted provided that documentation satisfactory to the purchases is furnished establishing such equivalency. 3. The City of Passaic reserves the right to award this bid in whole or in part. 4. The City of Passaic reserves the right to not consider any or all bids which are non-responsive to the bid specification and to waive any technicalities allowed by law and also reserves the right to select the successful bidder or bidders whose proposal does, in the opinion of the City of Passaic best meet the needs of the City. 5. All recreation uniforms must be constructed using industry standard materials and must also meet league requirements. 6. The successful bidder shall comply with all New Jersey State and Federal laws as they pertain to the performance required in this specification and contract award. 7. Bidders shall not change or modify any of the City of Passaic s requirements listed in this specification.

11 8. Should the bidders wish to state any exceptions to the specifications, they must do so on company letterhead attached to the formal bid referring to the section of the specification that the exception is taken. The bidders shall provide with the bid this information and in this form to allow the City of Passaic to determine if the exception and/or deviation proposed by the bidder clearly meets or exceeds the specifications requirement (s). Bidders failing to follow these instructions shall be determined by the City of Passaic to be a non-responsive bid to the specifications and will not be considered for an award. 9. All deviations shall include samples to allow evaluation as to equivalency. Bid submissions that do not follow this procedure will not be considered. Therefore, the bidder, in completing a bid, understands this requirement and is fully aware that any deviation not listed on company letterhead, explaining and including an attached sample, will not be considered. The City of Passaic shall be the sole determinant of what is an approved equal. 10. If awarded a contract, your company/firm shall be required to comply with the requirements of N.J.S.A. 10:5-31 et. seq. and N.J.A.C. 17:27.

12 3/23/18 INSTRUCTION TO BIDDERS Sealed Proposals shall be received in accordance with Public Advertisement as required by law, a copy of said notice being attached hereto and made a part of these specifications. I. SUBMISSION OF BIDS A. BIDS FORWARDED THROUGH THE MAIL The bid proposal form shall be submitted, in a sealed envelope: (1) addressed to the City of Passaic, Division of Purchasing, Attn: Doris Dudek, Director of Purchasing (2) bearing the name and address of the bidder written on the face of the envelope, and (3) clearly marked BID with the contract title. It is the bidder s responsibility to see that bids are presented to the City of Passaic on the hour and the place designated. Bids may be hand delivered or mailed; however, the City of Passaic disclaims any responsibility for bids forwarded by regular mail or overnight mail. Bids received after the designated time and date will be returned unopened. B. PROPOSAL FORM Sealed bids forwarded to the City of Passaic before the time of opening of bids may be withdrawn upon written application of the bidder who shall be required to produce evidence showing that the individual is or represents the principal or principals involved in the bid. Once bids have been opened, they must remain firm for a period of sixty (60) calendar days. All prices and amounts must be written in ink or preferably typewritten. Bids containing any conditions, omissions, unexplained erasures or alterations, items not called for in the bid proposal form, attachment of additive information not required by the specifications, or irregularities of any kind, may be rejected by the City of Passaic. Any changes, white-outs, strike-outs, etc. on the proposal page must be initialed in ink by the person responsible for signing the bid. Bidders must insert prices for furnishing all of the materials and/or labor required by these specifications. Prices shall be net, including any charges for packing, crating, containers, etc. All transportation charges shall be fully prepaid by the contractor F.O.B. destination and placement at locations specified by the City of Passaic. As specified, placement may require inside deliveries. No additional charges will be allowed for any transportation costs resulting from partial shipments made at the contractor s convenience. The vendor shall guarantee any or all materials and services supplied under these specifications. Defective or inferior items shall be replaced at the expense of the vendor. In case of rejected materials, the vendor will be responsible for return freight charges. II. BID SECURITY A. BID GUARANTEE SEE ATTACHED SAMPLE Bidder shall submit with the bid a certified check, cashier s check or bid bond in the amount of ten (10%) of the total price bid, but not in excess of $20,000.00, payable unconditionally to the City of Passaic. When submitting a Bid Bond, it shall contain Power of Attorney for full amount of Bid Bond from a surety company authorized to do business in the State of New Jersey and acceptable to the City of Passaic. The check or bond of the unsuccessful bidder (s) shall be returned as prescribed by law. The check or bond of the bidder to whom the contract is awarded shall be retained until a contract is executed and the required

13 performance bond or other security is submitted. The check or bond of the successful bidder shall be forfeited if the bidder fails to enter into a contract pursuant to N.J.S.A. 40A: FAILURE TO SUBMIT THIS SHALL BE CAUSE FOR REJECTION OF THE BID. B. CONSENT OF SURETY SEE ATTACHED SAMPLE Bidder shall submit with the bid a Certificate (Consent of Surety) with Power of Attorney for full amount of the bid price from a Surety Company authorized to do business in the State of New Jersey and acceptable to the City of Passaic, stating that it will provide said bidder with a Performance Bond in the full amount of the bid. This certificate shall be obtained in order to confirm that the bidder to whom the contract is awarded will furnish Performance and Payment Bonds from an acceptable subcontractor or by any combination thereof which results in performance security equal to the total amount of the contract, pursuant to N.J.S.A. 40A: FAILURE TO SUBMIT THIS SHALL BE CAUSE FOR REJECTION OF THE BID. C. PERFORMANCE BOND Successful bidder shall simultaneously with the delivery of the executed contract, submit an executed bond in the amount of one hundred (100%) of the acceptable bid as security for the faithful performance of this contract. The performance bond provided shall not be released until final acceptance of the whole work and then only if any liens or claims have been satisfied and any maintenance bonds required have been executed and approved by the City of Passaic. FAILURE TO DELIVER THIS WITH THE EXECUTED CONTRACT SHALL BE CAUSE FOR DECLARING THE CONTRACT NULL AND VOID. D. LABOR AND MATERIAL (PAYMENT BOND) Successful bidder shall with the delivery of the performance bond submit an executed payment bond to guarantee payment to laborers and suppliers for the labor and material used in the work performed under the contract. FAILURE TO DELIVER THIS WITH THE PERFORMANCE BOND SHALL BE CAUSE FOR DECLARING THE CONTRACT NULL AND VOID. E. MAINTENANCE BOND Successful bidder shall upon acceptance of the work submit a maintenance bond in the amount of 100% guaranteeing against defective quality of work or materials for the period of two (2) years. THE SURETY ON SUCH BOND OR BONDS SHALL BE A DULY AUTHORIZED SURETY COMPANY AUTHORIZED TO DO BUSINESS IN THE STATE OF NEW JERSEY N.J.S.A. 17:31-5. III. INTERPRETATION AND ADDENDA A. The bidder understands and agrees that its bid is submitted on the basis of the specifications prepared by the City of Passaic. The bidder accepts the obligation to become familiar with these specifications.

14 B. Bidders are expected to examine the specifications and related documents with care and observe all their requirements. Ambiguities, errors or omissions noted by bidders should be promptly reported in writing to the appropriate official. In the event the bidder fails to notify the City of Passaic of such ambiguities, errors or omissions, the bidder shall be bound by the bid. C. No oral interpretation of the meaning of the specifications will be made to any bidder. Every request for an interpretation shall be in writing, addressed to the City of Passaic representative stipulated in the bid. In order to be given consideration, written requests for interpretation must be received at least seven (7) days prior to the date fixed for the opening of the bids. Any and all such interpretations must be received at least seven (7) days prior to the date fixed for the opening of the bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications, and will be distributed to all prospective bidders, in accordance with N.J.S.A. 40A: All addenda so issued shall become part of the contract documents, and shall be acknowledged by the bidder in the bid. The City of Passaic s interpretations or correction thereof shall be final. D. Any bidder challenging the bid specifications must file notice of the challenge with the Director of Purchasing no less than three (3) business days prior to the opening of the bids. Any challenge filed after that date will be void and will have no impact on the award of the contract. IV. DISCREPANCIES IN BIDS 1. If the amount shown in words and its equivalent in figures do not agree, written words shall be binding. Ditto marks are not considered writing or printing and shall not be used. 2. In the event that there is a discrepancy between the unit prices and the extended totals, the unit prices shall prevail. In the event there is an error of the summation of the extended totals, the computation by the City of Passaic of the extended totals shall govern. V. PRICE FLUCTUATIONS DURING CONTRACT All prices quoted shall be firm and not subject to increase during the period of contract. In the event of a manufacturer s price decrease during the contract period, the City shall receive the full benefit of such price reduction of any undelivered purchase order and on any subsequent order placed during the contract period VI. BRAND NAMES, PATENTS & STANDARDS OF QUALITY A. Brand names and/or descriptions used in this bid are to acquaint bidders with the type of commodity desired and will be used as a standard by which alternate or competitive materials offered will be judged. Competitive items must be equal to the standard described and be of the same quality of work. Variations between materials described by the bidder on a separate sheet and submitted with the bid proposal form. Vendor s literature WILL NOT suffice in explaining exceptions to these specifications. In the absence of any changes by the bidder, it will be presumed and required that materials as described in the proposal be delivered. B. It is the responsibility of the bidder to demonstrate the equivalency of item(s) offered. The City of Passaic reserves the right to evaluate the equivalency of an item (s) which, in its deliberations, meets its requirements. C. In submitting its bid, the bidder certifies that the merchandise to be furnished will not infringe upon any valid patent or trademark and that the successful bidder shall, at its own expense, defend any and all actions or suits charging such infringement, and will save the City of Passaic harmless from any damages resulting from such infringement. D. Only manufactured and farm products of the United States, wherever available, shall be used on this contract pursuant to N.J.S.A. 40A:11-18.

15 E. Wherever practical and economical to the City of Passaic, it is desired that recycled or recyclable products be provided. Please indicate when recycled products are being offered. VII. INSURANCE & INDEMNIFICATION General At all times during the Term of the Agreement, the Company, at its sole cost and expense, shall keep and maintain insurance against any loss or damage in an amount, and under such terms, as set forth below. Insurance Company shall obtain and maintain, at a minimum, the insurance coverage set forth below. Such insurance shall be obtained from insurance companies authorized to do business in the State of New Jersey and having an A.M. Best s rating of at least A- or better or the equivalent thereof. Deductible amounts or self insured retention amount payable under or with respect to such insurance coverage shall be the sole responsibility of the Company. Required Coverages: Type Minimum Coverage 1. Workers Compensation Insurance Statutory, as required by the State of New Jersey, including Employer s Liability limits of $1,000,000 and including Other States endorsement. 2. Commercial General Liability, Bodily Insurance with combined single Injury and Property Damage, including limits of $1,000,000/$2,000,000 Contractual liability and Products and per project/per location Completed Operations 3. All Risk Property Coverage/Builder s Vendor/contractor shall agree to Risk if applicable insure any owned, leased or Borrowed property. The City of Passaic will have no liability with Regard to non-owned property. 4. Commercial Automobile Liability $1,000,000 per accident for Bodily Injury with coverage Provided for (1) owned autos (2) hired autos and (3) other Non-owed vehicles 5. Commercial Excess Liability $5,000,000 or an amount Sufficient to equal $5,000,000 With the primary general liability And automobile liability limits 6. Professional liability $1,000,000 each claim/annual Aggregate Deductibles No policy shall have a deductible amount greater than $100,000 per occurrence. Form and Content All policies, binders or interim insurance contracts with respect to insurance maintained by the Company hereunder shall:

16 1. Designate the City of Passaic, its officers, agents and employees (except in the case of Workers Compensation Insurance) as an additional insured: 2. Provide that there shall be no recourse against the City for payment of premiums or commissions or (if such policies provide for payment thereof) additional premiums or assessments; 3. Provide that such insurance shall be primary insurance without any Right of contribution from any other insurance carried by the City of Passaic or to the Company to the extent that such other insurance provides The City of Passaic or the Company with contingent and/or excess Liability insurance with respect to its respective interest and such insurance shall expressly provide that all provisions thereof (except the limits of liability, which shall be applicable to all insured as a group and Liability for premiums) shall operate in the same manner as if there were a separate policy covering each insured. 4. Provide that the City of Passaic shall be furnished with at least thirty (30) days prior written notice of any material change, cancellation, expiration or non-renewal of coverage and that unilateral change, cancellation, expiration or non-renewal shall be effective absent such notice; and 5. Waive any right of subrogation of the insurers there under against the City of Passaic. Prior to, but no later than the event date, the Company shall provide to the City, a certificate of Insurance that evidence compliance with the requirements of this Section. VIII. PREPARATION OF BIDS A. The City of Passaic is exempt from any local, state or federal sales, use or excise tax. B. Estimated Quantities (Open-End Contracts) The City of Passaic has attempted to identify the item (s) and the estimated amounts of each item bid to cover its requirements; however, past experience shows that the amount ordered may be different than that submitted for bidding. The right is reserved to decrease or increase the quantities specified in the specifications pursuant to N.J.A.C. 5: NO MINIMUM PURCHASE IS IMPLIED OR GUARANTEED. C. Successful bidder shall be responsible for obtaining any applicable permits or licenses from any government entity that has jurisdiction to require the same. All bids submitted shall include this cost in the bid price agreement. D. The City of Passaic encourages, but does not require, any business awarded a contract with the City to employ residents of the City of Passaic in connection with the performance of the contract.

17 IX. STATUTORY AND OTHER REQUIREMENTS A. Mandatory Affirmative Action Certification No firm may be issued a contract unless it complies with the affirmative action regulations of N.J.S.A. 10:5-31 et. seq. (P.L. 1975, c 127). 1. Procurement, Professional and Service Contracts All Successful vendors must submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents: i. A photocopy of a valid letter for an approved Federal Affirmative Action Plan (good for one year from the date of the letter), or ii. A photocopy of an approved Certificate of Employee Information Report, or iii. If the vendor has none of the above, the public agency is required to provide the vendor with an initial Affirmative Action Employee Information Report (AA-302). 2. Construction Contracts All successful contractors must submit within three days of the signing of the contract an Initial Project Manning Report (AA201-available upon request from the State s Affirmative Action Office) for any contract award that meets or exceeds the bidding threshold. B. Americans with Disabilities Act of 1990 Discrimination on the basis of disability in contracting for the purchase of bids and services is prohibited. The successful bidder is required to read Americans with Disabilities language that is part of this specification and agrees that the provisions of Title II of the Act are made a part of the contract. The successful bidder is obligated to comply with the Act and to hold the City of Passaic harmless. C. Prevailing Wage Act (When Applicable) Pursuant to N.J.S.A. 34: et seq., successful bidders on projects for public work shall adhere to all requirements of the New Jersey Prevailing Wage Act. The contractor shall be required to submit a certified payroll record to the City of Passaic within ten (10) days of the payment of the wages. The contractor is also responsible for obtaining and submitting all subcontractors certified payrolls in the form set forth in N.J.A.C. 12:6-6.1(c). It will be the contractor s responsibility to obtain any additional copies of the certified payroll form to be submitted by contacting the Office of Administrative Law, CN 049, Trenton, New Jersey or the New Jersey Department of Labor, Division of Workplace Standards. D. Stockholder Disclosure Chapter 33 of the Public Laws of 1977 provides that no corporation or partnership shall be awarded any contract for the performance of any work or the furnishing of any materials or supplies, unless, prior to the receipt of the bid or accompanying the bid of said corporation or partnership, there is submitted a statement setting forth the names and addresses of all stockholders in the corporation or partnership who own ten percent or more of its stock of any class, or of all individual partners in the partnership who own a ten percent or greater interest therein. Form of Statement shall be completed and attached to the bid proposal.

18 E. The New Jersey Worker and Community Right to Know Act The Manufacturer or supplier of a substance or mixture shall supply the Chemical Abstracts Service number of all the components of the mixture or substance and the chemical name. The manufacturer and supplier must properly label each container. Further, all applicable Material Safety Data Sheets (MSDS) - hazardous substance fact sheet - must be furnished. Owners must also ensure that all containers, which are stored at their facilities by contractors, display RTK labeling. The options and exclusions from labeling are found in New Jersey Right to Act regulations at (N.J.A.C. 8: and 5.6). General information and labeling assistance for bidders is found on the New Jersey Department of Health and Senior Services Right to Know Program website at: F. Non-Collusion Affidavit The Non-Collusion Affidavit, which is part of these specifications, shall be properly executed and submitted with the bid proposal. FAILURE TO SUBMIT THIS SHALL BE CAUSE FOR REJECTION OF THE BID. G. Public Works Contractor Registration Act Pursuant to the Public Works Contractor Registration Act (as amended by P.L c.91) each contractor bidding on a public works project must be registered with the Department of Labor s Division of Wage and Hour Compliance at the time bids are received by the City of Passaic. After bids are received, and prior to contract award, the contractor most likely to receive the contract award must submit to the City of Passaic copies of his certification and copies of his subcontractors certification. All named sub-contractors listed in a bid (including out of state contractors), material suppliers excluded, must also be registered with the Department of Labor s Division of Wage and Hour Compliance at the time bids are received. Non-Listed subcontractors do not have to be registered until they physically start the public work assigned to them. The law specifically prohibits accepting applications for registration as a substitute for a certificate of registration (N.J.S.A. 34: ) FAILURE TO BE A REGISTERED CONTRACTOR OR SUBCONTRACTOR AT THE TIME OF THE BID OPENING IS A MATERIAL DEFECT WHICH CAN NOT BE WAIVED OR CORRECTED AND WHICH WILL RESULT IN THE BID BEING REJECTED AS NON-RESPONSIVE. IT IS THE CONTRACTOR S RESPONSIBILITY TO INSURE THAT ALL HIS SUB- CONTRACTORS ARE REGISTERED AT THE TIME OF THE BID OPENING. IT IS ALSO THE CONTRACTOR S RESPONSIBILITY TO INSURE THAT ALL HIS

19 NON-LISTED SUBCONTRACTORS ARE REGISTERED UPON STARTING THE PUBLIC WORK ASSIGNED TO THEM. For more information please contact: Contractor Registration Unit Division of Wage and Hour Compliance NJ Department of Labor PO Box 389 Trenton, NJ Telephone # H. Business Registration Certificate *Revised January 25, 2010* Pursuant to N.J.S.A. 52:32-44 each vendor submitting a bid or proposal with the City of Passaic must be registered with The Division of Revenue, State of New Jersey. If the Business Registration Certificate for the contractor and sub-contractor (if applicable) is not part of the bid package but they are registered, the contractor must submit to the City of Passaic their Business Registration Certificate and a copy of their sub-contractors Business Registration Certificate prior to award of contract. All named subcontractor (s) listed on the bid including out of state vendors must be registered with the Division of Revenue, State of New Jersey. Registration as a Business: Businesses must complete Form NJ-REG and submit it to the Division of Revenue. The form can be filed as per the following: A. Register online at Click the online link and then select Register for Tax and Employer Purposes. B. Call the Division at (609) to have a form mailed to you. C. Write to the Division at: Client Registration Bureau, PO Box 252, Trenton, NJ Registration as an individual: There is a simplified registration process for individuals doing business with any New Jersey government agency. The form (NJ-REG-A) can be downloaded from the web at To obtain a copy by mail, call (609) , or write to the Division at the Client Registration Bureau, PO Box 252, Trenton, NJ I. Business Code of Ethics The successful bidder must submit prior to OR in conjunction with the signing of the contract, the signed Business Code of Ethics. In order to provide goods or services to the City of Passaic, a vendor must sign the enclosed acknowledgement form indicating that they have reviewed the BCE and has not taken any action which would constitute a violation of the BCE. rejected. Any vendor who fails to comply with this requirement shall be subject to their bid being

20 The following statutes must be adhered to if applicable: J. New Jersey Underground Facility Protection Act; N.J.S.A. 48:2073 et. seq. K. Licensed Master Plumber; N.J.S.A. 45:14C-2(h) L. The Electrical Contractors Licensing Act of 1962; N.J.S.A. 45:5A-1 M. Plan or Design Immunity; N.J.S.A. 59:4-6 et. seq. N. Certificate of Authority; N.J.S.A. 17:31-5 et. seq. O. Contractor Certification and Alarm Contractor Licensure; N.J.S.A. 45:5A-18 et. seq. P. The Certification of Fire Protection Equipment Contractors; N.J.S.A. 52:14B-5 et. seq. Q. Landscape Irrigation Contractor Certification Act of 1991; N.J.S.A. 45:5AA-1 et. seq. R. Tree Expert Act; N.J.S.A. 45:15C-1 et. seq. S. Pesticide Control Act of 1971; N.J.S.A. 13:1F-1 X. METHODS OF AWARD A. All contracts shall be for 12 consecutive months unless otherwise noted in technical or supplemental specifications. B. The City of Passaic may award the work on the basis of the Base Bid, combined with such Alternates as selected, until a net amount is reached which is within the funds available. C. If the award is to be made on the basis of Base Bids only, it will be made to that responsible bidder whose base bid, therefore is the lowest. If the award is to be made on the basis of a combination of a Base Bid with Alternates, the Alternates will be awarded based on the order specified in the proposal sheet. D. The City of Passaic may also elect to award the work on the basis of line items or unit prices, whichever results in the lowest total amount. E. The successful bidder will not assign any interest in this contract and shall not transfer any interest in the same without the prior written consent of the City of Passaic. F. Procedure for selecting the lowest responsible qualified bidder when two identical bids are received are as follows: 1) The Purchasing Agent or Business Administrator shall assign heads and tails to the two bidders and toss a coin a single time to the floor. 2) The winner of the coin toss, shall be determined to be the lowest responsible bidder.

21 3) The coin toss shall be conducted in the presence of the City Clerk or Assistant City Clerk and a third person. coin toss. 4) The resolution awarding the contract shall reference the breaking of the identical bid by the 5) In the event of a three or more way identical bid (s), all bids will be rejected and the contract rebid. XI. THE FOLLOWING SHALL BE CONSIDERED REASONS FOR REJECTION OF ALL BIDS: A. The lowest bid substantially exceeds the cost estimates for the goods or services. B. The lowest bid substantially exceeds the City s appropriation for the goods or services. C. The governing body decides to abandon project. D. The City wants to substantially revise the bid specifications. E. The purpose or provisions of the Local Public Contracts Law are being violated. F. The governing body decides to use a State authorized contract. G. Negative Prior Experience as per N.J.S.A. 40A:11-4 H. Failure to Enter Contract Should the bidder, to whom the contract is awarded, fail to enter into a contract within 21 days, Sundays and holidays excepted, the City of Passaic may then, at its option, accept the bid of the next lowest bidder. XII. PROMPT PAY PROCEDURES AND ALTERNATIVE DISPUTE RESOLUTION PROCESS 1. BILLS AND PAYMENTS: All bills submitted to the City for approval and payment pursuant to N.J.S.A. 2A:30A-1 et. seq. must comply with the following provisions. The billing date shall be the date that the contractor signs the certification on the voucher/purchase order that the work has been performed. These bills include all bills for improvements to real property and contracts for engineers, architects, surveyors, design or skilled services relating to construction work. Bills that are required to be approved by an engineering or architecture firm (prior to submission to the Council for approval) for purposes of confirmation of successful completion of construction work shall be approved or disapproved within 20 days of submission of same to the architect or engineer. If bills are disapproved or monies withheld from payment then notice of the reason for same shall be given within the same 20 days to the contractor. The City Council must approve payment of all bills pursuant to N.J.S.A. 40A:5-17. For the City Council to consider a bill for approval it must be submitted to the City purchasing director at least two weeks prior to a scheduled/or re-scheduled Council meeting date. If the Council or any agent or officer of the

22 Council determines that the bill is not approved then notice of the disapproval shall be sent to the contractor within five days of the Council meeting on which the bill was listed for approval. If the bill is approved by the City Council then payment shall be made to the contractor within 7 days of the Council meeting as the payment cycle. Bills submitted under N.J.S.A. 40A: which are contracts which exceed $100, then the contractor agrees to the withholding of 2% of the amount due on each partial payment pending completion of the work. Upon final completion of the work and acceptance of the work performed then the City shall release all of the monies withheld. Successful bidder/respondent shall complete W-9 Form and submit to Division of Purchasing prior to contract award. The form is available at the following link: 2. ALTERNATIVE DISPUTE RESOLUTION PROCESS: All disputes relating to construction contracts pursuant to N.J.S.A. 40A:11-50 or relating to contracts for engineers or architects, surveyors, design or skilled services relating to construction contracts for prompt payment issues shall be submitted to the following Alternative Dispute Resolution Process ( ADR ). All disputes shall first be submitted to the architect of record, if there is one, for a determination. If 30 days pass without a determination by the architect or a determination is made that does not resolve the dispute, then the claims shall be submitted for mediation by a single mediator pursuant to the rules of AAA. If the dispute is submitted for mediation the neutral party involved must demonstrate knowledge of the New Jersey Local Public Contracts Law. If the parties cannot resolve their dispute through the mediation process, the parties are free to file an action in the appropriate court of law. XIII. INTEREST AND LATE FEES The City of Passaic will not pay late fees or interest on late payments on any contractual payments due from the City to Contractor. The City Council must approve all payments made under a City contract. The Council normally meets every 2 weeks and bills that are submitted timely and approved by the appropriate department will normally be considered for payment by the City Council at the next meeting after approval of same by the department. XIV. QUALIFIED MINORITY BUSINESS, QUALIFIED WOMEN S BUSINESS AND QUALIFIED SMALL BUSINESS ENTERPRISES Pursuant to Resolution # , the City of Passaic seeks to encourage qualified minority business enterprises, qualified women s business enterprises and qualified small business enterprises to bid on municipal construction contracts. The City purchasing director shall attempt to give notice to qualified minority, women and small businesses, which are registered with the State of New Jersey, of the City s intent to receive bids on a municipal construction project. Any minority, women s or small business which seeks to bid on City construction projects can request that the purchasing director put them on a list of businesses to receive notice (via ) of the City s intent to seek bids on a City construction project. The failure of the purchasing director to provide notice to either the State registered businesses or the list of businesses registered with the City shall not be grounds for the voiding of any bid process.

23 XV. TERMINATION OF CONTRACT A. If, through any cause, the successful bidder shall fail to fulfill in a timely and proper manner obligations under this contract or if the contractor shall violate any of the requirements of this contract, the City of Passaic shall thereupon have the right to terminate this contract by giving written notice to the contractor of such termination and specifying the effective date of termination. Such termination shall relieve the City of Passaic of any obligation for balances to the contractor of any sum or sums set forth in the contract. B. Notwithstanding the above, the contractor shall not be relieved of liability to the City of Passaic for damages sustained by the City of Passaic by virtue of any breach of the contract by the contractor and the City of Passaic may withhold any payments to the contractor for the purpose of compensation until such time as the exact amount of the damage due the City of Passaic from the contractor is determined. C. The contractor agrees to indemnify and hold the City of Passaic harmless from any liability to subcontractors/suppliers concerning payment for work performed or goods supplied arising out of the lawful termination of the contract by the City of Passaic under this provision. D. In case of default by the successful bidder, the City of Passaic may procure the articles or services from other sources and hold the successful bidder responsible for any excess cost occasioned thereby. E. Continuation of the terms of this contract beyond the fiscal year is contingent on availability of funds in the following year s budget. In the event of unavailability of such funds, the City of Passaic reserves the right to cancel this contract.

24 BID BOND SAMPLE KNOW ALL MEN BY THESE PRESENTS, That we, the undersigned and principal, and as Surety, are hereby and firmly bound unto the in the penal sum of TEN PERCENT OF amount bid, not to exceed TWENTY THOUSAND and 00/100---(10%, not to exceed $20, for payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed this day of. The condition of the above obligation is such that whereas the Principal has submitted to the owner as defined, a certain Bid, attached hereto, and hereby made a part hereof, to enter into a contract in writing, for NOW THEREFORE, A. If said Bid shall be rejected, or, in the alternative, B. If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form of Contract provided (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and shall in all other respects perform the Agreement created by the acceptance of the Bid, Then, this obligation shall be void, otherwise the same shall remain in force, and effect; it being expressly understood and agreed that the liability of the surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Principal may accept such Bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the principal and Surety have set their hands and seals, and such of them as are corporations having caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Principal: (L.S.) Surety: By: STATE OF SS: COUNTY OF On this day of 20, before me personally came to me known, who, being by me duly sworn, did depose and say; he resides in that he is the of the the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. (SEAL) Notary Public of My Commission expires

25 SAMPLE FORM OF CONSENT OF SURETY/SURETY GUARANTY (To accompany Proposal) KNOW ALL MEN BY THESE PRESENTS, That for and in consideration of the sum of $1.00, lawful money of the United States, the receipt whereof is hereby acknowledged, paid the undersigned corporation, and for other valuable consideration, the corporation organized and existing (Name of Surety Company) under the laws of the State of, licensed to do business in the State of New Jersey, certifies and agrees, that if is awarded (Contract) to, the undersigned corporation (Name of Bidder) (Name of Bidder) will execute the bond or bonds as required by the Contract Documents and will become surety in the full amount of the Contract price for the faithful performance of the contract and for payment of all persons supplying labor or furnishing materials in connection thencewith. Dated this day of 2. By (To be accompanied by the usual proof of authority of officers of surety company to execute the same) CORPORATION ACKNOWLEDGMENT STATE OF SS: COUNTY OF On this day of 2, before me personally came to me known, who, being by me duly sworn, did depose and say; he resides in that he is the of the the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by order. (SEAL) Notary Public of My Commission expires

26 ALL GOODS AND SERVICES VENDORS For your convenience, all goods and services vendors now have two (2) options in filing the Division of Contract Compliance AA302, Affirmative Action Employee Information Report Renewal and Vendor Activity Summary forms. As always, you may complete the forms manually and mail them to this Office or you may input your employment data directly onto the AA302 Vendor Activity Summary Report form located on our website. To access the Division s website, simply follow these steps: 1. Type compliance 2. Select the Internet Submission button. 3. Select About Internet Submission if you wish to continue. 4. Review the Agreement and select Accept, if you wish to continue. 5. Complete the Registration for Electronic Form Submission section. Please note that the password is created by you. 6. Within 3-5 business days, the Division will confirm your password by . At that time, you may access the electronic form to input your employment data. 7. When you complete each screen, you must print each screen page in order to copy your submission. The Division will not be able to provide you with a copy after the information has been sent.

27 CONSTRUCTION CONTRACTORS For your convenience, all contractors now have two (2) options in filing the Division of Contract Compliance AA202, Monthly Project Workforce Report form. As always, you may complete the form manually and mail the form to this office, with a copy to this office, with a copy to the Public Agency or you may input your employment data directly onto the AA202 form located on our website, with a copy to the public agency. To access the Division s website, simply follow these steps 1. Type compliance 2. Select the Internet Submission button. 3. Select About Internet Submission to review the Agreement. 4. Review the Agreement and select Accept if you wish to continue. 5. Complete the Registration for Electronic Form Submission section. Please note that the password is created by you. 6. Within 3-5 business days, the Division will confirm your password by . At that time, you may access the electronic form to input your employment data. 7. When you complete each screen, you must print each screen page in order to copy your submission. The Division will not be able to provide you with a copy after the information has been sent. In addition, you will still be required to send a hard copy to the public agency awarding the contract.

28 (REVISED 4/10) EXHIBIT A MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127) N.J.A.C. 17:27 GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS During the performance of this contract, the contractor agrees as follows: The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause. The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union of the contractor's commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act. The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with N.J.A.C. l7: The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, and labor unions, that it does not discriminate on the basis of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.

29 EXHIBIT A The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of jobrelated testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions. In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions. The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents: Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Division s website at The contractor and its subcontractors shall furnish such reports or other documents to the Division of Public Contracts Equal Employment Opportunity Compliance as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of Public Contracts Equal Employment Opportunity Compliance for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C. 17:27.

30 (REVISED 4/10) EXHIBIT B MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127) N.J.A.C. 17:27 CONSTRUCTION CONTRACTS During the performance of this contract, the contractor agrees as follows: The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following: employment, up-grading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause. The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer, pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act. When hiring or scheduling workers in each construction trade, the contractor or subcontractor agrees to make good faith efforts to employ minority and women workers in each construction

31 EXHIBIT B trade consistent with the targeted employment goal prescribed by N.J.A.C. l7:27-7.2; provided, however, that the Division may, in its discretion, exempt a contractor or subcontractor from compliance with the good faith procedures prescribed by the following provisions, A, B and C, as long as the Division is satisfied that the contractor or subcontractor is employing workers provided by a union which provides evidence, in accordance with standards prescribed by the Division, that its percentage of active "card carrying" members who are minority and women workers is equal to or greater than the targeted employment goal established in accordance with N.J.A.C. l7: The contractor or subcontractor agrees that a good faith effort shall include compliance with the following procedures: (A) If the contractor or subcontractor has a referral agreement or arrangement with a union for a construction trade, the contractor or subcontractor shall, within three business days of the contract award, seek assurances from the union that it will cooperate with the contractor or subcontractor as it fulfills its affirmative action obligations under this contract and in accordance with the rules promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et. seq., as supplemented and amended from time to time and the Americans with Disabilities Act. If the contractor or subcontractor is unable to obtain said assurances from the construction trade union at least five business days prior to the commencement of construction work, the contractor or subcontractor agrees to afford equal employment opportunities minority and women workers directly, consistent with this chapter. If the contractor's or subcontractor's prior experience with a construction trade union, regardless of whether the union has provided said assurances, indicates a significant possibility that the trade union will not refer sufficient minority and women workers consistent with affording equal employment opportunities as specified in this chapter, the contractor or subcontractor agrees to be prepared to provide such opportunities to minority and women workers directly, consistent with this chapter, by complying with the hiring or scheduling procedures prescribed under (B) below; and the contractor or subcontractor further agrees to take said action immediately if it determines that the union is not referring minority and women workers consistent with the equal employment opportunity goals set forth in this chapter. (B) If good faith efforts to meet targeted employment goals have not or cannot be met for each construction trade by adhering to the procedures of (A) above, or if the contractor does not have a referral agreement or arrangement with a union for a construction trade, the contractor or subcontractor agrees to take the following actions: (l) To notify the public agency compliance officer, the Division, and minority and women referral organizations listed by the Division pursuant to N.J.A.C. 17:27-5.3, of its workforce needs, and request referral of minority and women workers; (2) To notify any minority and women workers who have been listed with it as awaiting available vacancies;

32 EXHIBIT B (3) Prior to commencement of work, to request that the local construction trade union refer minority and women workers to fill job openings, provided the contractor or subcontractor has a referral agreement or arrangement with a union for the construction trade; (4) To leave standing requests for additional referral to minority and women workers with the local construction trade union, provided the contractor or subcontractor has a referral agreement or arrangement with a union for the construction trade, the State Training and Employment Service and other approved referral sources in the area; (5) If it is necessary to lay off some of the workers in a given trade on the construction site layoffs shall be conducted in compliance with the equal employment opportunity and nondiscrimination standards set forth in this regulation, as well as with applicable Federal and State court decisions; (6) To adhere to the following procedure when minority and women workers apply or are referred to the contractor or subcontractor: (i) The contactor or subcontractor shall interview the referred minority or women worker. (ii) If said individuals have never previously received any document or certification signifying a level of qualification lower than that required in order to perform the work of the construction trade, the contractor or subcontractor shall in good faith determine the qualifications of such individuals. The contractor or subcontractor shall hire or schedule those individuals who satisfy appropriate qualification standards in conformity with the equal employment opportunity and non-discrimination principles set forth in this chapter. However, a contractor or subcontractor shall determine that the individual at least possesses the requisite skills, and experience recognized by a union, apprentice program or a referral agency, provided the referral agency is acceptable to the Division. If necessary, the contractor or subcontractor shall hire or schedule minority and women workers who qualify as trainees pursuant to these rules. All of the requirements, however, are limited by the provisions of (C) below. (iii) The name of any interested women or minority individual shall be maintained on a waiting list, and shall be considered for employment as described in (i) above, whenever vacancies occur. At the request of the Division, the contractor or subcontractor shall provide evidence of its good faith efforts to employ women and minorities from the list to fill vacancies. (iv) If, for any reason, said contractor or subcontractor determines that a minority individual or a woman is not qualified or if the individual qualifies as an advanced trainee or apprentice, the contractor or subcontractor shall inform the individual in writing of the reasons for the determination, maintain a copy of the determination in its files, and send a copy to the public agency compliance officer and to the Division.

33 EXHIBIT B (7) To keep a complete and accurate record of all requests made for the referral of workers in any trade covered by the contract, on forms made available by the Division and submitted promptly to the Division upon request. (C) The contractor or subcontractor agrees that nothing contained in (B) above shall preclude the contractor or subcontractor from complying with the union hiring hall or apprenticeship policies in any applicable collective bargaining agreement or union hiring hall arrangement, and, where required by custom or agreement, it shall send journeymen and trainees to the union for referral, or to the apprenticeship program for admission, pursuant to such agreement or arrangement. However, where the practices of a union or apprenticeship program will result in the exclusion of minorities and women or the failure to refer minorities and women consistent with the targeted county employment goal, the contractor or subcontractor shall consider for employment persons referred pursuant to (B) above without regard to such agreement or arrangement; provided further, however, that the contractor or subcontractor shall not be required to employ women and minority advanced trainees and trainees in numbers which result in the employment of advanced trainees and trainees as a percentage of the total workforce for the construction trade, which percentage significantly exceeds the apprentice to journey worker ratio specified in the applicable collective bargaining agreement, or in the absence of a collective bargaining agreement, exceeds the ratio established by practice in the area for said construction trade. Also, the contractor or subcontractor agrees that, in implementing the procedures of (B) above, it shall, where applicable, employ minority and women workers residing within the geographical jurisdiction of the union. After notification of award, but prior to signing a construction contract, the contractor shall submit to the public agency compliance officer and the Division an initial project workforce report (Form AA 201) electronically provided to the public agency by the Division, through its website, for distribution to and completion by the contractor, in accordance with N.J.A.C. 17:27-7. The contractor also agrees to submit a copy of the Monthly Project Workforce Report once a month thereafter for the duration of this contract to the Division and to the public agency compliance officer. The contractor agrees to cooperate with the public agency in the payment of budgeted funds, as is necessary, for on-the-job and/or off-the-job programs for outreach and training of minorities and women. (D) The contractor and its subcontractors shall furnish such reports or other documents to the Division of Public Contracts Equal Employment Opportunity Compliance as may be requested by the Division from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of Public Contracts Equal Employment Opportunity Compliance for conducting a compliance investigation pursuant to Subchapter l0 of the Administrative Code (NJAC 17:27).

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

35 AMERICANS WITH DISABILITIES ACT OF 1990 Equal Opportunity for Individuals with Disability The CONTRACTOR and the OWNER do hereby agree that the provisions of Title II of the Americans With Disabilities Act of 1990 (the ACT ) (42 U.S.C. S12101 et seq.), which prohibits discrimination on the basis of disability by public entities in all services, programs, and activities provided or made available by public entities, and the rules and regulations promulgated pursuant thereunto, are made a part of this contract. In providing any aid, benefit, or service on behalf of the OWNER pursuant to this contract, the CONTRACTOR agrees that the performance shall be in strict compliance with the ACT. In the event that the Contractor, its agents, servants, employees or subcontractors violate or are alleged to have violated the ACT during the performance of this contract, the CONTRACTOR shall defend the OWNER in any action or administrative proceeding commenced pursuant to this Act. The Contractor shall indemnify, protect, and save harmless the OWNER, its agents, servants and employees from and against any and all suits, claims, losses, demands, or damages, of whatever kind or nature arising out of or claimed to arise out of the alleged violation. The CONTRACTOR shall, at its owns expense appear, defend, and pay any and all charges for legal services and any and all costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith. In any and all complaints brought pursuant to the OWNER grievance procedure, the CONTRACTOR agrees to abide by any decision of the OWNER which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the OWNER or if the OWNER incurs any expense to cure a violation of the ADA which has been brought pursuant to its grievance procedure, the CONTRACTOR shall satisfy and discharge the same at its own expense. The OWNER shall, as soon as practicable after a claim has been made against it, give written notice thereof to the CONTRACTOR along with full and complete particulars of the claim. If any action or administrative proceedings its brought against the OWNER or any of its agents, servants, and employees, the OWNER shall expeditiously forward or have forwarded to the CONTRACTOR every demand, complaint, notice, summons, pleading, or other process received by the OWNER or its representatives. It is expressly agreed and understood that any approval by the OWNER of the services provided by the CONTRACTOR pursuant to this contract will not relieve the CONTRACTOR of the obligation to comply with the Act and to defend, indemnify, protect and save harmless the OWNER pursuant to this paragraph. It is further agreed and understood that the OWNER assumes no obligation to indemnify or save harmless the CONTRACTOR, its agents, servants, employees and subcontractors for any claim which may arise out of their performance of this Agreement. Furthermore, the CONTRACTOR expressly understands and agrees that the provisions of this indemnification clause shall in no way limit the CONTRACTOR S obligations assumed in this Agreement, nor shall they be construed to relieve the CONTRACTOR from any liability, nor preclude the OWNER from taking any other actions available to it under any other provisions of the Agreement or otherwise at law.

36 IMPORTANT IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT DORIS DUDEK, DIRECTOR OF PURCHASING (973) FAX (973)

37 BIDDING REQUIREMENTS The following is a checklist of items which must be submitted with bid proposal. 1. Certified Check, Cashier s Check, or duly executed Bid Bond If Applicable (Refer to Legal Advertisement) 2. Consent of Surety (if applicable) 3. Non-Collusion Affidavit 4. Stockholder Disclosure Certification (Corporation Statement) 5. Required Evidence Affirmative Action Regulations 6. Qualification Questionaire 7. List of Sub-Contractors (if applicable) 8. Disclosure of Investment Activities in Iran Certification 9. Business Registration Certificates: Contractor and Sub-Contractors must be registered at time of contract award. (Refer to Instruction to Bidders) 10. Public Works Contractor Registration: Contractor and Sub-Contractors must be registered at the time of bid opening (Refer to Instruction to Bidders) 11. Acknowledgment of Receipt of Addenda

38 NON-COLLUSION AFFIDAVIT State of New Jersey County of ss: I, residing in (name of affiant) (name of Municipality) in the County of and State of of full age, being duly sworn according to law on my oath depose and say that: I am of the firm of (title or position) (name of firm) the bidder making this Proposal for the bid proposal entitled, and that I executed the said proposal with full (title of bid proposal) authority to do so that said bidder has not, directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above named project; and that all statements contained in said proposal and in this affidavit are true and correct, and made with full knowledge that the relies upon the (name of contracting unit) truth of the statements contained in said proposal and in the statements contained in this affidavit in awarding the contract for the said project. I further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by. Subscribed and sworn to before me this day,20 (Type or print name of affiant under signature) Notary Public of My Commission expires 20

39 CORPORATION STATEMENT STATEMENT OF INDIVIDUAL (S) OWNING 10% OR MORE OF STOCK OR INTEREST IN THE BIDDER S BUSINESS ENTITY In accordance with N.J.S.A. 52: , no corporation, partnership, limited partnership, limited liability corporation, limited liability partnership, Subchapter S corporation or sole proprietorship, shall be awarded a contract, unless prior to the receipt of the bid or accompanying the bid of the corporation, partnership, limited partnership, limited liability corporation, limited liability partnership, subchapter S corporation or sole proprietorship, there is submitted to the City, a statement setting for the names and addresses of all stockholders who own 10% or more of the stock, of any class or of all individual partners who own a 10% or greater interest in the corporation, partnership, limited partnership, limited liability corporation, limited liability partnership, Subchapter S corporation or sole proprietorship. If one or more such stockholder or partner is itself a corporation or partnership, the stockholders holding 10% or more of that corporation s stock, or the individual partners owning 10% or greater interest in that partnership, as the case may be, shall also be listed. The disclosure shall be continued until names and addresses of every noncorporate stockholder and individual partner, exceeding the 10% ownership criteria established in this act has been listed. This form shall be submitted with the bid whether or not a stockholder or partner owns less than 10% of the business submitting the bid. Date LEGAL NAME OF BIDDER: Check which business entity the bidder is: Corporation Complete if the bidder is one of the 3 types of Corporations: Limited Liability Corporation Date Incorporated: Subchapter S Corporation Where Incorporated: Partnership Limited Partnership NOTE: If no stockholder or partner owns 10% or more of the Limited Liability Partnership business submitting the bid, please sign and date this form. Sole Proprietorship / Signature Date

40 Corporation Statement (Continued) BUSINESS ADDRESS: / Street Address City State Zip / Telephone # Fax # Listed below are the names and addresses of all stockholders or individuals who own ten (10) percent or more of its stock of any classes, or who own ten (10) percent or greater interest therein. Name Address Name Address Address Name Name Address Name Address THIS STATEMENT MUST BE INCLUDED WITH BID SUBMISSION (Affiant) Subscribed and sworn before me This day of, 20 My Commission expires: (Print name & title of affiant) (Corporate Seal) List Date: July 31, 2014

41 STATE OF NEW JERSEY DEPARTMENT OF THE TREASURY DIVISION OF PURCHASE AND PROPERTY 33 WEST STATE STREET, P.O. BOX 230 TRENTON, NEW JERSEY DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN FORM BID SOLICITATION#: VENDOR/BIDDER: PART I CERTIFICATION VENDOR/BIDDER MUST COMPLETE PART 1 BY CHECKING ONE OF THE BOXES FAILURE TO CHECK ONE OF THE BOXES WILL RE NDER THE PROPOSAL NON-RESPONSIVE Pursuant to Public Law 2012, c. 25, any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest, under penalty of perjury, that neither the person nor entity, nor any of its parents, subsidiaries, or affiliates, is identified on the Department of the Treasury's Chapter 25 list as a person or entity engaged in investment activities in Iran. The Chapter 25 list is found on the Division 's website at htt p:// f/chaptcr25list. pdf. Vendors/Bidders must review this list prior to completing the below certification. Failure to complete the certification will render a Vendor's/Bidder's proposal non-responsive. If the Director of the Division of Purchase and Property finds a person or entity to be in violation of the law, s/he shall take action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party. CHECK THE APPROPRIATE BOX OR A. I certify)', pursuant to Public Law 2012, c. 25, that neither the Vendor/Bidder listed above nor any of its parents, subsidiaries, or affiliates is listed on the N.J. Department of the Treasury's list of entities determined to be engaged in prohibited activities in Iran pursuant to P.L. 2012, c. 25 ("Chapler25 List"). Disregard Part 2 and complete and sign the Certification below. B. I am unable to certify as above because the Vendor/Bidder and/or one or more of its parents, subsidiaries, or affiliates is listed on the Depa11ment's Chapter 25 list. I will provide a detailed, accurate and precise description of the activities in Part 2 below and sign and complete the Certification below. Failure to provide such information will result in the proposal being rendered as nonresponsive and appropriate penalties, fines and/or sanctions will be assessed as provided by law. PART2 PLEASF: PROVIDE ADDITIONAL INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN If you checked Box "B" above, provide a detailed, accurate and precise description of the activities of the Vendor/Bidder, or one of its parents, subsidiaries or affiliates, engaged in the investment activities in Iran by completing the boxes below. ENTITY NAME: RELATIONSHIP TO VENDOR/BIIJDER: DESCRIPTION OF ACTIVITIES: DURATION OF ENGAGEMENT: ANTICIPATED CESSATION DATE: VENDOR/BIDDER CONTACT NAME: VENDOR/BIDDER CONTACT PHONE No.: Attach Additional Sheets If Necessary. CERTIFICATION I, the undersigned, ce1tify that Iam authorized to execute this ce1iification on behalf of the Vendor/Bidder, that the foregoing information and any attachments hereto, to the best of my knowledge are true and complete. I acknowledge that the State of New Jersey is relying on the information contained herein, and that the Vendor/Bidder is under a continuing obligation from the date of this certification through the completion of any contract(s) with the State to notify the State in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification. If I do so, I will be subject to criminal prosecution under the law, and it will constitute a material breach of my agreement(s) with the State, permitting the State to declare any contract(s) resulting from this certification void and unenforceable. Signature Date Print Name and Title DPP Rev Page I of I