INVITATION FOR BID NHA #07-B2163/2 VACANT APARTMENT TURNOVER GENERAL CONTRACTOR SERVICES INSTRUCTIONS TO BIDDERS PART I

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1 Executive Director KEITH D. KINARD Chairperson MODIA BUTLER BOARD OF COMMISSIONERS NADIRAH BROWN GLORIA CARTWRIGHT ANA ESTEVES ANGELLA PALMER NANCY PEREZ DANA RONE INVITATION FOR BID NHA #07-B2163/2 VACANT APARTMENT TURNOVER GENERAL CONTRACTOR SERVICES INSTRUCTIONS TO BIDDERS PART I CONTRACTS DIVISION BID OPENING OCTOBER 19, :00 A.M.

2 NEWARK HOUSING AUTHORITY INVITATION FOR BIDS BID NO. 07-B2163/2 PART I INSTRUCTIONS TO BIDDERS INDEX SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 SECTION 6 INVITATION FOR BIDS/ADVERTISEMENT SCOPE OF SERVICES INSTRUCTIONS TO BIDDERS AND STATUTORY REQUIREMENTS (MANDATORY ITEMS) NON-CURABLE ITEMS SPECIAL CONDITIONS OF THE CONTRACT AFFIRMATIVE ACTION PROCEDURE

3 PART I SECTION 1 INVITATION FOR BIDS/ ADVERTISEMENT

4 NEWARK HOUSING AUTHORITY INVITATION FOR BIDS VACANT APARTMENT TURN-OVER GENERAL CONTRACTOR SERVICES RFP #07-P2163/2 The Housing Authority of the City of Newark will receive sealed bids for from general contractors to renovate vacant apartment units and the capacity to perform a full spectrum of apartment turn-over work including: general construction, painting, cleaning, plumbing, mechanical, electrical and carpentry. Bids will be opened at 10:00 am on Friday, October 19, 2007 at 500 Broad Street, Newark, New Jersey A pre-bid conference will be held on Friday, October 12, 2007 at 10:00 am at 500 Broad Street, Newark, New Jersey Bid forms and contract documents, including specifications are on file at the office of the Housing Authority of the City of Newark, Contracts Division, 500 Broad Street, 4 th Floor, Newark, New Jersey All bids must be accompanied by a negotiable bid guarantee payable to the HOUSING AUTHORITY OF THE CITY OF NEWARK. The bid guarantee may be a certified check, bank draft, U.S. Government Bonds at par value or a satisfactory bid bond secured by a surety company acceptable to the U.S. Government and authorized to do business in the State of New Jersey. The guarantee shall be in an amount of ten percent (10%) of the bid amount not to exceed $20,000. Consent of Surety, for the full amount of the bid, must accompany the Bid Guarantee. Failure to submit a Bid Guarantee and Consent of Surety with the bid shall result in the rejection of the bid. The successful bidder will be required to furnish and pay for a satisfactory Performance and Payment Bond(s) in the amount of 100% of the contract as awarded. The surety company for all bonds must be a guaranty or surety company acceptable to the U.S. Department of Treasury. Individual sureties will not be considered. The surety company must be licensed to do business in the State of New Jersey. U.S. Treasury Circular No. 570, published annually in the Federal Register, lists companies approved to act as surety on bonds securing government contracts, the maximum underwriting limits on each contract bonded, and the States in which each company is licensed to do business. Bidders must submit a copy of their NJ Business Registration Certificate, P.L. 2004,c.57, at the time of the bid opening. Bidders are required to comply with the requirements of NJSA 10:5-31 et seq. and NJAC 17:27 (PL 1975 c 127 Affirmative Action). All bidders must also comply with 24 CFR Bids shall be submitted to: Newark Housing Authority, Finance Department, ATTN: CONTRACTS DIVISION, 500 Broad Street, 5 th Floor, Newark, New Jersey Bids shall be clearly marked: IFB #07-B2163/2, VACANT APARTMENT TURN-OVER GENERAL CONTRACTOR SERVICES. The Newark Housing Authority reserves the right to reject any or all bids or to waive any informalities in the bidding. The Authority also reserves the right to award all or a portion of the award to one or more responsible bidders. No bid shall be withdrawn for a period of sixty (60) days subsequent to the opening of the bids without the consent of the Newark Housing Authority. NEWARK HOUSING AUTHORITY KEITH KINARD EXECUTIVE DIRECTOR

5 PART I SECTION 2 SCOPE OF SERVICES

6 SECTION 1. INTRODUCTION The work covered by these specifications shall include, furnishing of all labor, equipment and materials necessary for the completion of all operations covered in this bid package, all in strict accordance with applicable specifications and drawings. Each bidder is required to visit the site of the proposed work and fully acquaint themselves with the condition as they exist so that he may understand the facilities, difficulties and restrictions and restrictions attendant to the execution of the work under this contract. The bidder shall notify the Asset Development and Preservation Department of their intention and purpose before making any site visit. Bidders shall thoroughly examine and be familiar with the requirements of the detailed specifications. All Rehabilitation of ATO work should meet the following Minimum Property Standards. Local written rehabilitation standards and state and local code requirements. Uniform Building Code (ICBO) National Building Code (BOCA) Standard Building Code (SBCCI) Minimum Property Standards* at 24 CFR or (FHA) Council of American Building Officials one- or two-family code (CABO) Handicapped accessibility requirements, where applicable Prior to staging and construction, the contactor shall submit a detailed work schedule and sequence of procedures to the N.H.A. for approval. The work schedule shall include the phasing of the project, site access, storage of materials and equipment and an analysis of progress through completion. The work shall commence at the time stipulated in the Notice To Proceed to the contractor and shall be completed within one year or as stated. The time started shall include submission and if applicable approval of shop drawings. NHA intends to engage contractors to assist the NHA in conducting the Scope of Services described below. An Indefinite Quantity, Indefinite Delivery (IDIQ) type of contract will be used. This contract provides the NHA flexibility in determining the precise scope of work required during the contract period. Task Orders will be issued against the IDIQ Contract. The Task Order cost and scope will be negotiated with the Contractor using the unit prices submitted in the response to this bid on the ATO Bid Form (attached). The successful contractor, and/or his subcontractors will be experienced with renovations of apartment units, and will have the capacity to perform the full spectrum of apartment turn-over work including: general construction, painting, cleaning, plumbing, mechanical, electrical and carpentry. SECTION 2 SCOPE OF SERVICES The improvements are intended to restore the units to a safe and sanitary condition, ready for occupancy. The process of improving these units is here-in-after known as Apartment Turn Overs (ATO). Multiple contractors may be selected in order to address the large number of ATO s required (approx. 400 units). Selection will be based on the Selection Criteria stated in this RFP, and will consider price as a component of the evaluation of proposals. Contracts will be awarded using an Indefinite Delivery Indefinite Quantity (IDIQ) type of agreement. The precise unit location and scope of work will be determined after the award of the IDIQ

7 contract, and the work will be authorized to proceed at a particular dwelling unit using an ATO Task Order (TO) type of assignment. Contractors are asked to complete the bid forms included in the RFP for each of the three (3) NHA housing types; High-Rise Elderly, Family Townhouse, and Family Low-Rise. The work shall be performed in accordance with the Specifications (attached to this RFP), and all NHA general conditions and terms. Refer to the Specifications and TO Form for additional information. SECTION 3 CONTRACT CONDITIONS The following section summarizes significant terms and conditions of the Agreement that will be used for this contract. Additional terms and conditions are described in HUD-5370 and the NHA Indefinite Quantity Indefinite Delivery Contract (IDIQ) - Service Agreement (copies of both are attached to this RFP, or are available from NHA Procurement Dept.). Definitions: Indefinite Quantity Indefinite Delivery Contract (IDIQ) The agreement between the NHA and the Contractor(s) that describes the terms and conditions of the contract and states the unit prices to be used in determining the Task Order cost. Task Order (TO) The specific scope of work assignment that describes the work the Contractor shall perform. This Order shall include the specific scope of work, cost, and time for completion for the particular scope of services. The Task Order will include by reference, all terms and conditions described in the IDIQ Contract. Multiple Task Order assignments may be made under the single IDIQ Contract. Assignment of Work (Task Orders): After award of the IDIQ contract, the NHA staff will contact a particular contractor(s) and meet them to tour the particular ATO unit. During the tour, the NHA staff person will note on the TO Form the scope of work, and using the contractor bid unit prices, will arrive at the total TO value. See the sample TO Form attached to this RFP. The TO Form will indicate the scope of work for the particular unit. The total cost for the work in the particular unit will be the sum of the Base Scope of Work plus any line item tasks selected from the form (i.e. menu of services ). Though the form addresses the most common needs, there will be situations that require flexibility in order to identify and correct unique, or extensive work not specifically listed on the form. The NHA staff has the ability to add discretionary additional work to the TO Form. The cost and scope will be negotiated with the contractor at the time of the site visit. The amount of this discretionary additional work cannot exceed 20% of the total TO amount for a particular unit. For example; if the listed work on the TO Form totals $10,000, then up to $2,000 of additional discretionary work can be added for at maximum unit total of $12,000. The TO Form will include the time for completion, agreed upon Notice to Proceed (NTP) date and time, and will be signed by the NHA representative and contractor. The contractor may begin work in the unit on the date and time indicated. The contractor is responsible for security, insurance and loss/ damage to the unit beginning with the NTP date and time.

8 The scope of work described in the TO is to be considered an outline of work required. This outline does not limit the responsibility of the Contractor to perform all work and furnish the supervision required by the scope of work. The Contractor shall be required to commence work under the TO on the date of the NTP, but no more than seven (7) calendar days of receipt of the TO. The Contractor shall execute the work diligently, and complete the entire work ready for use not later than as stated in each TO. The Contractor shall not be responsible for unreasonable delays caused by others that may cause a delay in the work. If such a delay occurs, the Contractor shall inform the NHA immediately in writing of the anticipated delay and the TO agreement time for completion and cost will be adjusted through negotiation with the NHA. A formal TO amendment will be prepared by the NHA. Delivery or performance shall be made only as authorized by TO s issued in accordance with the contract. There is no limit on the number of TO s that may be issued within the NHA budget. If multiple contractors are selected for IDIQ contracts, the NHA will distribute the work to these contractors in a manner that best meets the needs of the NHA and based on the capacity of particular contractors. NHA makes no representations on the minimum number of TO s assigned to a particular Contractor, nor is NHA obligated to distribute the work evenly to all Contractors. The Contractor agrees to utilize, in the performance of Task Orders, those key personnel and subcontractors proposed and accepted by the NHA prior to award of this contract. If changes become necessary, the contractor shall submit for approval by the Contracting Officer the names of proposed replacements with their records of qualifications and experience. The Contractor agrees to utilize personnel who are qualified to perform the services to be rendered pursuant to each executed Task Order. If the Contracting Officer determines that any of the Contractor s personnel are not qualified and are otherwise unsatisfactory, the Contractor shall, at the direction of the Contracting Officer, assign a replacement acceptable to the Contracting Officer at no additional cost to the NHA. Term of Agreement: The term of the agreement shall be for a period of one (1) year unless extended by the Contracting Officer. At the sole discretion of the NHA, the term of the agreement may be extended for up to one (1) additional year, by written notice by the Contracting Officer to the Contractor. Any order in effect at the time the Contract expires or is terminated shall continue until all work is completed. Type of Contract/ Fee: This is an Indefinite Delivery, Indefinite Quantity (IDIQ) Contract under which NHA will be issuing Task Orders (TO) as specific work is defined. In no event shall the sum of all TO s issued to all Contractors under this Contract exceed the total budget, unless the contract is formally modified in writing by the Contracting Officer. Each individual IDIQ Contractor s contract will establish a ceiling value also, based on capacity of the Contractor. Each TO shall use the unit prices submitted in the bid. These rates shall be fixed for the term of the Contract, and any additional years. The rates include; labor, material, administrative burden, insurance, bonding, overhead, profit, telephone, fax, mailing, and incidental costs. Payment Monthly progress payments will be made based on work performed. Payment will be made within 30 calendar days of receipt of an approvable invoice.

9 PART I SECTION 3 INSTRUCTIONS TO BIDDERS

10 INSTRUCTIONS TO BIDDERS AND STATUTORY REQUIREMENTS SECTION 1 - SUBMISSION OF BIDS A. Sealed bids shall be received by the contracting unit, hereinafter referred to as owner, in accordance with public advertisement as required by law, with a copy of said notice being attached hereto and made a part of these specifications. B. Sealed bids will be received by the designated representative at 10:00 (a.m.) at 500 Broad Street, Newark, NJ as stated in the Notice to Bidders, and at such time and place will be publicly opened and read aloud. C. The bid shall be submitted in a sealed envelope: (1) addressed to the owner, (2) bearing the name and address of the bidder written on the face of the envelope, and (3) clearly marked "BID" with the contract title and/or bid # being bid. D. It is the bidder's responsibility that bids are presented to the owner at the time and at the place designated. Bids may be hand delivered or mailed; however, the owner disclaims any responsibility for bids forwarded by regular or overnight mail. If the bid is sent by express mail service, the designation in sub-section C, above, must also appear on the outside of the express mail envelope. Bids received after the designated time and date will be returned unopened. E. Sealed bids forwarded to the owner before the time of opening of bids may be withdrawn upon written application of the bidder who shall be required to produce evidence showing that the individual is or represents the principal or principals involved in the bid. Once bids have been opened, they shall remain firm for a period of sixty (60) calendar days. F. All prices and amounts must be written in ink or preferably machine-printed. Bids containing any conditions, omissions, unexplained erasures or alterations, items not called for in the bid proposal form, attachment of additive information not required by the specifications, or irregularities of any kind, may be rejected by the owner. Any changes, whiteouts, strikeouts, etc. in the bid must be initialed in ink by the person signing the bid. G. Each bid proposal form must give the full business address, business phone, fax, if available, the contact person of the bidder, and be signed by an authorized representative as follows: Bids by partnerships must furnish the full name of all partners and must be signed in the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and designation of the person signing. Bids by corporations must be signed in the legal name of the corporation, followed by the name of the State in which incorporated and must contain the signature and designation of the president, secretary or other person authorized to bind the corporation in the matter. Bids by sole-proprietorship shall be signed by the proprietor. When requested, satisfactory evidence of the authority of the officer signing shall be furnished.

11 H. Bidder should be aware of the following statutes that represent Truth in Contracting laws: N.J.S.A. 2C:21-34, et seq. governs false claims and representations by bidders. It is a serious crime for the bidder to knowingly submit a false claim and/or knowingly make material misrepresentation. N.J.S.A. 2C:27-10 provides that a person commits a crime if said person offers a benefit to a public servant for an official act performed or to be performed by a public servant, which is a violation of official duty. N.J.S.A. 2C:27-11 provides that a bidder commits a crime if said person, directly or indirectly, confers or agrees to confer any benefit not allowed by law to a public servant. Bidder should consult the statutes or legal counsel for further information. 1 - A. BID PROTESTS Any actual or prospective bidder may challenge a bid specification or protest the award of a contract. In the case of a challenge to the bid specification, such challenge must be in writing and submitted to the Contracting Officer or the designee no less than three business days prior to the opening of bids. The Contracting Officer or designees shall review the matter of the challenge and issue a written decision on the matter. Challenges filed after that time period shall be considered void and thereupon having no effect on the NHA from awarding a contract. In the case of the award of a contract, the protest must be in writing and received by the Contracting Officer or the designee within ten calendar days after the notice of the contract award, or the protest will not be considered. The Bidder shall provide the following: Name, address and telephone number, is optional of the person filing the bid protest. Indicate/specify the Bid/RFP number and the description of the solicitation. Provide a detailed statement specifying the nature of the complaint. Specify the form of relief being sought. The Contracting Officer or designee shall conduct a review of the protest matter and shall issue a written decision on the matter. The Contracting Officer may, after concurrence of the General Counsel and with approval by the Executive Director suspend the procurement pending resolution of the protest, if it is warranted by the facts and findings discovered by the Contracting Officer or designee in the review of the protest matter. 1 - B. APPEAL PROCESS In the event the bid protest is ruled against the favor of the Protester, the Protester may request a hearing on the matter. Should the Protester desires a hearing, the Protester shall submit in writing within five (5) business days after being notified of the Contracting Officer decision to rule against the favor of the bidders protest. Should a hearing be requested, the Contracting Officer shall arrange a meeting to be heard by an NHA Hearing Officer. The Contracting Officer shall notify the Protester in writing within three (3) business days after the receipt of the Protester request for a hearing to advise him that a hearing has been scheduled for a specified date and time. The Contracting Officer shall also specify that the Protester has a right to be represented by counsel, present witnesses and evidence and to cross examine witnesses presented by the Contracting Officer. The Contracting Officer shall further advise that should the Protester fail to appear, to present testimony or evidence, that the Protester shall be precluded from presenting any testimony or evidence in any future administrative proceedings. Additionally, failure to

12 appear shall also serve as cause for the Hearing Officer to render a decision on the matter in the absence of the Protester, and that the Protester shall also be precluded from appealing any adverse decision not in favor of the Protester. 1 - C. PUBLIC ACCESS TO PROCUREMENT INFORMATION Procurement information shall be a matter of public record. The NHA shall comply with the requirements of the State of New Jersey Open Public Records Act P.L 2001; c. 404, N.J.S.A 47:1A-1 et seq. and the Local Public Contracts Law N.J.S.A 40A: Public records shall be made available to the public as provided in the statutes referenced. All requests for public information shall be made in writing to the Contracting Officer. SECTION 2 - BID SECURITY AND BONDING REQUIREMENTS The following provisions if indicated by an (X), shall be applicable to this bid and be made a part of the bid documents: X A. BID GUARANTEE Bidder shall submit with the bid a certified check, cashier's check or bid bond in the amount of ten percent (10%) of the total price bid, but not in excess of $20,000, payable unconditionally to the owner. When submitting a Bid Bond, it shall contain Power of Attorney for full amount of Bid Bond from a surety company authorized to do business in the State of New Jersey and acceptable to the owner. The check or bond of the unsuccessful bidder(s) shall be returned pursuant to N.J.S.A. 40A:11-24a. The check or bond of the bidder to whom the contract is awarded shall be retained until a contract is executed and the required performance bond or other security is submitted. The check or bond of the successful bidder shall be forfeited if the bidder fails to enter into a contract pursuant to N.J.S.A. 40A: Failure to submit a bid guarantee shall result in rejection of the bid. X B. CONSENT OF SURETY Bidder shall submit with the bid a Certificate (Consent of Surety) with Power of Attorney for full amount of bid price from a Surety Company authorized to do business in the State of New Jersey and acceptable to the owner stating that it will provide said bidder with a Performance Bond in the full amount of the bid. This certificate shall be obtained in order to confirm that the bidder to whom the contract is awarded will furnish Performance and Payment Bonds from an acceptable surety company on behalf of said bidder, any or all subcontractors or by each respective subcontractor or by any combination thereof which results in performance security equal to the total amount of the contract, pursuant to N.J.S.A. 40A: Failure to submit Consent of Surety, for the full amount of the bid, form shall result in rejection of the bid. X C. PERFORMANCE BOND Bidder shall simultaneously with the delivery of the executed contract, submit an executed bond in the amount of one hundred percent (100%) of the acceptable bid as security for the faithful performance of this contract. Failure to submit this with the executed contract shall be cause for declaring the contract null and void pursuant to N.J.S.A. 40A:11-22.

13 X D. LABOR AND MATERIAL (PAYMENT) BOND 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 submit a labor and material bond with the performance bond shall be cause for declaring the contract null and void. X E. MAINTENANCE BOND Upon acceptance of the work by the owner, the contractor shall submit a maintenance bond (N.J.S.A. 40A: ) in an amount not to exceed 15% of the project costs guaranteeing against defective quality of work or materials for the period of: 1 year X 2 years The performance bond provided shall not be released until final acceptance of the whole work and then only if any liens or claims have been satisfied. The surety on such bond or bonds shall be a duly authorized surety company authorized to do business in the State of New Jersey pursuant to N.J.S.A. 17:31-5. SECTION 3 - INTERPRETATION AND ADDENDA A. The bidder understands and agrees that its bid is submitted on the basis of the specifications prepared by the owner. The bidder accepts the obligation to become familiar with these specifications. B. Bidders are expected to examine the specifications and related bid documents with care and observe all their requirements. Ambiguities, errors or omissions noted by bidders should be promptly reported in writing to the appropriate official. Any prospective bidder who wishes to challenge a bid specification shall file such challenges in writing with the contracting agent no less than three business days prior to the opening of the bids. Challenges filed after that time shall be considered void and having no impact on the contracting unit or the award of a contract pursuant to N.J.S.A. 40A: In the event the bidder fails to notify the owner of such ambiguities, errors or omissions, the bidder shall be bound by the requirements of the specifications and the bidder s submitted bid. C. No oral interpretation and or clarification of the meaning of the specifications for any goods and services will be made to any bidder. Such request shall be in writing, addressed to the owner s representative stipulated in the specification. In order to be given consideration, a written request must be received at least seven (7) business days prior to the date fixed for the opening of the bid for goods and services. All interpretations, clarifications and any supplemental instructions will be in the form of written addenda to the specifications, and will be distributed to all prospective bidders. All addenda so issued shall become part of the specification and bid documents, and shall be acknowledged by the bidder in the bid. The owner s interpretations or corrections thereof shall be final. When issuing addenda, the owner shall provide required notice prior to the official receipt of bids to any person who has submitted a bid or who has received a bid package pursuant to N.J.S.A. 40A:11-23c.1.

14 D. Discrepancies in Bids 1. If the amount shown in words and its equivalent in figures do not agree, the written words shall be binding. Ditto marks are not considered writing or printing and shall not be used. 2. In the event that there is a discrepancy between the unit prices and the extended totals, the unit prices shall prevail. In the event there is an error of the summation of the extended totals, the computation by the owner of the extended totals shall govern. Pre-Bid Conference If stated in the Notice to Bidders: A Pre-Bid Conference is not required for this bid. X A pre-bid conference will be held on Friday, October 12, Attendance is not mandatory, but is strongly recommended. Failure to attend does not relieve the bidder of any obligations or requirements. SECTION 4 - BRAND NAMES, STANDARDS OF QUALITY AND PERFORMANCE A. Brand names and/or descriptions used in these specifications are to acquaint bidders with the types of goods and services desired and will be used as a standard by which goods and services offered as equivalent will be evaluated. B. Variations between the goods and services described and the goods and services offered are to be fully identified and described by the bidder on a separate sheet and submitted with the bid proposal form. Vendor literature WILL NOT suffice in explaining exceptions to these specifications. In the absence of any exceptions by the bidder, it will be presumed and required that the goods and services as described in the bid specification be provided or performed. C. It is the responsibility of the bidder to document and/or demonstrate the equivalency of the goods and services offered. The owner reserves the right to evaluate the equivalency of the goods and services. D. In submitting its bid, the bidder certifies that the goods and services to be furnished will not infringe upon any valid patent or trademark and that the successful bidder shall, at its own expense, defend any and all actions or suits charging such infringement, and will save the owner harmless from any damages resulting from such infringement. E. Only manufactured and farm products of the United States, wherever available, shall be used pursuant to N.J.S.A. 40A: F. The contractor shall guarantee any or all goods and services supplied under these specifications. Defective or inferior goods shall be replaced at the expense of the contractor. The contractor will be responsible for return freight or restocking charges.

15 SECTION 5 - INSURANCE AND INDEMNIFICATION The insurance documents indicated by an (X) shall include but are not limited to the following coverage s. A. INSURANCE REQUIREMENTS X 1. Worker's Compensation Insurance Workers Compensation insurance shall be maintained in full force during the life of the contract, covering all employees engaged in performance of the contract pursuant to N.J.S.A. 34:15-12(a) and N.J.A.C. 12: X 2. General Liability Insurance General liability insurance shall be provided with limits of not less than $1,000, any one person and $ 1,000, any one accident for bodily injury and $2,000, aggregate for property damage, and shall be maintained in full force during the life of the contract. X 3. Automotive Liability Insurance Automotive liability insurance covering contractor for claims arising from owned, hired and non-owned vehicles with limits of not less than $1,000, any one person and $1,000, any one accident for bodily injury and $2,000, each accident for property damage, shall be maintained in full force during the life of the contract. 4. Other Forms Of Insurance Required Employer s Liability with limits of at least $500,000/$500,000/$500,000 B. CERTIFICATES OF THE REQUIRED INSURANCE Certificates of Insurance for those policies required above shall be submitted with the contract. Such coverage shall be with an insurance company authorized to do business in the State of New Jersey and shall name the owner as an additional insured. Self-insured contractors shall submit an affidavit attesting to their self-insured coverage and shall name the owner as an additional insured. C. INDEMNIFICATION Bidder shall indemnify and hold harmless the owner from all claims, suits or actions, and damages or costs of every name and description to which the owner may be subjected or put by reason of injury to the person or property of another, or the property of the owner, resulting from negligent acts or omissions on the part of the contractor, the contractor's agents, servants or subcontractors in the delivery of goods and services, or in the performance of the work under the contract.

16 SECTION 6 - PRICING INFORMATION FOR PREPARATION OF BIDS A. The owner is exempt from any local, state or federal sales, use or excise tax. B. Estimated Quantities (Open-End Contracts): The owner has attempted to identify the item(s) and the estimated amounts of each item bid to cover its requirements; however, past experience shows that the amount ordered may be different than that submitted for bidding. The right is reserved to decrease or increase the quantities specified in the specifications pursuant to N.J.A.C. 5: and NO MINIMUM PURCHASE IS IMPLIED OR GUARANTEED. C. Contractor shall be responsible for obtaining any applicable permits or licenses from any government entity that has jurisdiction to require the same. All bids submitted shall have included this cost. D. Bidders shall insert prices for furnishing goods and services required by these specifications. Prices shall be net, including any charges for packing, crating, containers, etc. All transportation charges shall be fully prepaid by the contractor, F.O.B. destination and placement at locations specified by the owner. As specified, placement may require inside deliveries. No additional charges will be allowed for any transportation costs resulting from partial shipments made for the contractor's convenience. SECTION 7 - STATUTORY AND OTHER REQUIREMENTS The following are mandatory requirements of this bid and contract. MANDATORY AFFIRMATIVE ACTION CERTIFICATION For- Goods and Services {including Professional Services} contracts. No firm may be issued a contract unless it complies with the affirmative action provisions of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1 et seq. The following information summarizes the full, required regulatory text, which is included as Appendix A of this bid specification. 1. Goods And Services (including professional services) Contracts Each 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: i. A photocopy of a valid letter that the contractor is operating under an existing Federally approved or sanctioned affirmative action program (good for one year from the date of the letter); or ii. A photocopy of a Certificate of Employee Information Report approval, issued in accordance with N.J.A.C. 17:27-4; or iii. A photocopy of an Employee Information Report (Form AA 302) provided by the Division and distributed to the public agency to be completed by the contractor in accordance with N.J.A.C. 17:27-4. The contractor s bid will be rejected as non-responsive, if neither one of the required documents are submitted in the specified time frame.

17 2. Maintenance/Construction Contracts After notification of award, but prior to signing the contract, the contractor shall submit to the public agency compliance officer and the Division of Contract Compliance and Equal Employment Opportunity in Public Contracts (Division) an initial project workforce report (Form AA201) provided to the public agency by the Division for distribution to and completion by the contractor, in accordance with N.J.A.C. 17:27-7. The contractor shall also submit a copy of the Monthly Project Workforce Report once a month thereafter for the duration of the contract to the Division and to the public agency compliance officer. The contractor shall also 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. MANDATORY AFFIRMATIVE ACTION CERTIFICATION For Construction Contracts Construction Contractors Awarded Contracts Under UJSA 10:5-31 Et. Seq. (NJAC 17:27) Affirmative Action Evidence All successful construction contractors must after notification of award, but prior to signing a construction contract, submit their Initial Project Workforce Report to the Public Agency and the Division (copy marked Public Agency and copies marked Division). The Initial Project Workforce Report will be made available to the construction contractor by the Public Agency awarding the contract. A contractor s bid must be rejected as non-responsive if the successful contractor fails to submit the Initial Project Workforce Report within the time specified. Construction Contract Reports Construction contractors shall be responsible for the completion of monthly employment utilization reports for each project on forms made available by the Division. The report shall include an analysis of the contractor and its subcontractor s workforce. The monthly workforce utilization report, form AA202 shall be submitted to the Division and Public Agency Compliance Officer no later than the seventh business day of each month for the duration of each project. B. AMERICANS WITH DISABILITIES ACT OF 1990 Discrimination on the basis of disability in contracting for the purchase of goods and services is prohibited. Bidders are required to read Americans With Disabilities language that is included as Appendix A of this specification and agree that the provisions of Title II of the Act are made a part of the contract. The contractor is obligated to comply with the Act and to hold the owner harmless. C. STOCKHOLDER DISCLOSURE N.J.S.A. 52: provides that no corporation or partnership shall be awarded any contract for the performance of any work or the furnishing of any goods and services, unless, prior to the receipt of the bid or accompanying the bid of said corporation or partnership. Bidders shall submit 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. The included Statement of Ownership shall be completed and

18 attached to the bid proposal. This requirement applies to all forms of corporations and partnerships, including, but not limited to, limited partnerships, limited liability corporations, limited liability partnerships and Subchapter S corporations. Failure to submit a stockholder disclosure document shall result in rejection of the bid. D. PROOF OF BUSINESS REGISTRATION N.J.S.A. 52:32-44 requires that each bidder (contractor) submit proof of business registration with the bid proposal. Proof of registration shall be a copy of the bidder s Business Registration Certificate (BRC). A BRC is obtained from the New Jersey Division of Revenue. Information on obtaining a BRC is available on the internet at or by phone at (609) 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: The contractor shall provide written notice to its subcontractors and suppliers to submit proof of business registration to the contractor; Prior to receipt of final payment from a contracting agency, a contractor must submit to the contacting agency an accurate list of all subcontractors or attest that none was used; 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 sales of tangible personal property delivered into this State. A contractor, subcontractor or supplier 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 not properly provided or maintained under a contract with a contracting agency. Information on the law and its requirements is available by calling (609) If boxes of the following items are checked, they are mandatory requirements of the bid proposal and contract. E. NEW JERSEY WORKER AND COMMUNITY RIGHT TO KNOW ACT The manufacturer or supplier of chemical substances or mixtures shall label them in accordance with the N.J. Worker and Community Right to Know Law (N.J.S.A. 34:51 et seq., and N.J.A.C 5:89-5 et seq.,). Containers that the law and rules require to be labeled shall show the Chemical Abstracts Service number of all the components and the chemical name. Further, all applicable Material Safety Data Sheets (MSDS) - hazardous substance fact sheet - must be furnished. X F. PREVAILING WAGE ACT Pursuant to N.J.S.A. 34: et seq., contractors on projects for public work shall adhere to all requirements of the New Jersey Prevailing Wage Act. The contractor shall be required to submit a certified payroll record to the owner within ten (10) days of the payment of the wages. The contractor is also responsible for obtaining and submitting all subcontractors' certified payroll records within the aforementioned time period. The contractor shall submit said certified payrolls in the form set forth in N.J.A.C. 12:60-6.1(c). It is the contractor's responsibility to obtain any additional copies of the certified payroll form to be submitted by contacting the New Jersey Department of Labor and Workforce

19 Development, Division of Workplace Standards. Additional information is available at X G. THE PUBLIC WORKS CONTRACTOR REGISTRATION ACT N.J.S.A. 34: et seq. requires that a general or prime contractor and any listed subcontractors named in the contractor s bid proposal shall possess a certificate at the time the bid proposal is submitted. After bid proposals are received and prior to award of contract, the successful contractor shall submit a copy of the contractor s certification along with those of all listed subcontractors. All non-listed subcontractors and lower tier sub-subcontractors shall be registered prior to starting work on the project. It is the general contractor s responsibility that all non-listed sub-contractors at any tier have their certificate prior to starting work on the job. Under the law a contractor is a person, partnership, association, joint stock company, trust, corporation or other legal business entity or successor thereof who enters into a contract which is subject to the provisions of the New Jersey Prevailing Wage Act [N.J.S.A. 34: , et seq.] It applies to contractors based in New Jersey or in another state. The law defines public works projects as contracts for "public work" as defined in the Prevailing Wage statute [N.J.S.A. 34: (5)]. The term means: Construction, reconstruction, demolition, alteration, or repair work, or maintenance work, including painting and decorating, done under contract and paid for in whole or in part out of the funds of a public body, except work performed under a rehabilitation program. "Public work" shall also mean construction, reconstruction, demolition, alteration, or repair work, done on any property or premises, whether or not the work is paid for from public funds Maintenance work" means the repair of existing facilities when the size, type or extent of such facilities is not thereby changed or increased. While maintenance includes painting and decorating and is covered under the law, it does not include work such as routine landscape maintenance or janitorial services. To register, a contractor must provide the State Department of Labor with a full and accurately completed application form. The form is available online at N.J.S.A. 34: specifically prohibits accepting applications for registration as a substitute for a certificate of registration. X H. NON-COLLUSION AFFIDAVIT The Affidavit shall be properly executed and submitted with the bid proposal. SECTION 8 - METHOD OF CONTRACT AWARD A. The length of the contract shall be stated in the technical specifications. Pursuant to requirements of N.J.A.C. 5: et seq., any contract resulting from this bid shall be subject to the availability and appropriation of sufficient funds annually. Please see Section X, Termination of Contract, Sub-section E, for additional information. B. If the award is to be made on the basis of a base bid only, it shall be made to that responsible bidder submitting the lowest base bid. C. If the award is to be made on the basis of a combination of a base bid with selected options, it shall be made to that responsible bidder submitting the lowest net bid.

20 D. The owner may also elect to award the contract on the basis of unit prices. E. The form of contract shall be submitted by the owner to the successful bidder. Terms of the specifications/bid package prevail. Bidder exceptions must be formally accepted by the owner. SECTION 9 - CAUSES FOR REJECTING BIDS Bids may be rejected for any of the following reasons: A. All bids pursuant to N.J.S.A. 40A: ; Rejection of Bids & N.J.S.A 40A: Required Mandatory Items B. If more than one bid is received from an individual, firm or partnership, corporation or association under the same name; C. Multiple bids from an agent representing competing bidders; D. The bid is inappropriately unbalanced; E. The bidder is determined to possess, pursuant to N.J.S.A. 40A:11-4b, Prior Negative Experience; or, F. If the successful bidder fails to enter into a contract within 21 days, Sundays and holidays excepted, or as otherwise agreed upon by the parties to the contract. In this case at its option, the owner may accept the bid of the next lowest responsible bidder. (N.J.S.A. 40A:11-24b) SPECIAL NOTE: A Rejected Bid shall be DEEMED as NO-BID, and the Bid shall be returned to the Bidder. SECTION 10 - TERMINATION OF CONTRACT A. If, through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations under the contract or if the contractor shall violate any of the requirements of the contract, the owner shall there upon have the right to terminate the contract by giving written notice to the contractor of such termination and specifying the effective date of termination. Such termination shall relieve the owner of any obligation for balances to the contractor of any sum or sums set forth in the contract. Owner will pay only for goods and services accepted prior to termination. B. Notwithstanding the above, the contractor shall not be relieved of liability to the owner for damages sustained by the owner by virtue of any breach of the contract by the contractor and the owner may withhold any payments to the contractor for the purpose of compensation until such time as the exact amount of the damage due the owner from the contractor is determined. C. The contractor agrees to indemnify and hold the owner harmless from any liability to subcontractors/suppliers concerning payment for work performed or goods supplied arising out of the lawful termination of the contract by the owner under this provision. D. In case of default by the contractor, the owner may procure the goods or services from other sources and hold the contractor responsible for any excess cost.

21 E. Continuation of the terms of the contract beyond the fiscal year is contingent on availability of funds in the following year's budget. In the event of unavailability of such funds, the owner reserves the right to cancel the contract. F. ACQUISITION, MERGER, SALE AND/OR TRANSFER OF BUSINESS, ETC. It is understood by all parties that if, during the life of the contract, the contractor disposes of his/her business concern by acquisition, merger, sale and or/transfer or by any means convey his/her interest(s) to another party, all obligations are transferred to that new party. In this event, the new owner(s) will be required to submit all documentation/legal instruments that were required in the original bid/contract. Any change shall be approved by the Owner. G. The contractor will not assign any interest in the contract and shall not transfer any interest in the same without the prior written consent of the owner. H. The owner may terminate the contract for convenience by providing 60 calendar days advanced notice to the contractor. SECTION 11 - PAYMENT A. No payment will be made unless duly authorized by the Owner s authorized representative and accompanied by proper documentation. B. Payment will be made in accordance with the Owner s policy and procedures. PROMPT PAYMENT ACT (N.J.S.A. 2A:30A-1 et seq.) The award of this contract is subject to approval of the Newark Housing Authority Board of Commissioners and the continuing availability of funds after approval. This also includes any payment as a result of litigation of any dispute flowing from the award of this contract. Further, any change orders amounting to more than 20% must be approved by action of the Board of Commissioners.

22 PART I SECTION 4 NON-CURABLE ITEMS

23 NON-CURABLE ITEMS The following requirements shall be considered mandatory items to be submitted at the time specified by the contracting unit for receipt of the bids; the failure to submit any one of the mandatory items shall be deemed a fatal defect that shall render the bid proposal unresponsive and that cannot be cured by the governing body. A guarantee to accompany the bid pursuant to N.J.S.A. 40A:11-21; A certification from a surety company pursuant to N.J.S.A. 40A:11-22; A statement of corporate ownership pursuant to N.J.S.A. 52: ; A listing of subcontractors as required by N.J.S.A. 40A:11-16; and; A document for a bidder to acknowledge the receipt of any notice or revisions or addenda to the advertisement or bid documents, or if not applicable, bidder acknowledges same, pursuant to N.J.S.A. 40A: e.; A copy of the contractor s Certificate of Registration pursuant to N.J.S.A. 34: et seq. New Jersey Business Registration Requirement under the recently enacted P.L. 2004,c.57.

24 PART I SECTION 5 SPECIAL CONDITIONS OF THE CONTRACT

25 SECTION 1 - CORRESPONDENCE SPECIAL CONDITIONS OF THE CONTRACT The Contractor shall send all copies of correspondence concerning any matter of a contractual nature to the NHA Contracting Officer and forward all correspondence concerning technical matters to the respective generating department. SECTION 2 - SCHEDULES AND CONTRACTOR OPERATION Adequate notice must be given to the Authority s prior to commencing work at the site, scheduling of contract work will be the joint responsibility of the management personnel at the project and the contractor. The contractor s scheduling of operations shall be closely coordinated with the Authority s. The contractor is responsible to maintain uninterrupted access to the project site throughout the contact period. SECTION 3 - SUBCONTRACTOR REQUIREMENTS As a result of changes in the Local public Contracts Law (NJSA 40A: 11-16), bidders proposing to use any subcontractor for any of the specialized category/trades specified in the statute must submit a certificate with their bids listing each subcontractor named in the bid for that category or trade. Sub-Contractors include the following categories: plumbing and gas fitting; steam power plants, steam and hot water heating and ventilating apparatus; electrical work; structural steel and ornamental iron work; and all other work required for the completion of the project. The certificate is to contain the following information: scope of work for which the subcontractor has submitted a price quote and which the bidder has agreed to award to each subcontractor should the bidder be awarded the contract. Said certificate shall be submitted as part of the bid to the Authority for this project. The submission shall be a separate certificate for each subcontractor contemplated for this project. If the bidder does not submit said certificate or certificates, at the time of the bid, such bid will be determined non-responsive. Bidders must indicate in the space provided on the bid form whether or not subcontractors will be utilized as identified in the categories of the State Law. The information to be placed on the bid form shall state the nature of work of the subcontractor(s) and the dollar amount. Any subcontractor work portion indicated as applicable to this law will need a subcontractor agreement as part of the bid submission. Please refer to the bid form for specific instructions on how to comply with this section. SECTION 4 - IDENTIFICATION The contractor shall provide an identification badge to each employee. Identification badges shall state the name of the contractor, name of the employee and the employees I.D. number. The contractor must notify the buildings engineers and security desk of their presence on the job site at the beginning of each day. All personnel are required to wear an identification badge during their presence on the job site. SECTION 5 - Protection Security The contractor shall at his own cost covering the entire contract period, for the protection an security of its work, personnel, materials, equipment, tenants and the public. All equipment used during the contract period shall comply with all applicable safety regulations, laws, ordinances and codes, as OSHA, etc., the most stringent shall apply. All work shall be secured after each work day. All personnel are required to wear an identification badge during their presence on the job site.

26 SECTION 6 - Authority Representation The Authority will designate a representative responsible to monitor the work and issue all instruction on behalf of the Authority, with reference to this contract. The contractor stipulates that he will comply with all instructions of such representatives, and obtain his prior written approval of all his materials, personnel equipment, temporary provisions and work schedule. Any work carried out in the absence of such approval will be deemed unacceptable to the Authority and its value deducted from progress and final invoices. SECTION 7 - Contractor s Supervision The contractor shall give his personal supervision to the work or have a competent supervisor, satisfactory to the Authority on the site at all times with full authority to act on behalf of the contractor. This employee shall have authority for the contractors operations and shall be available should N.H.A. officials have questions or directives. The contractor shall provide staff adequate to coordinate and expedite the work properly and maintain competent supervision of the work to assure compliance of the contract at all times. SECTION 8 - Clean Up The contractor shall be responsible and ensure that all building surfaces and areas shall be left clean and free of excess materials, drippings, splatters or otherwise. Such removal shall not mar or effect original surfaces. Building grounds shall be left clean and free of construction debris. SECTION 9 - SITE ACCESS Construction access to the site shall be through public streets and rights-of-way only. The contractor shall obtain whatever additional access deemed necessary at no additional cost to the Authority. The contractor is alerted to the fact that work within areas of the site may be restrictive for large construction equipment. Access to these areas of the site will be the responsibility of the contractor. The contractor should select the proper site equipment for the work. Access shall be maintained at all times for emergency and service vehicles (garbage, postal, etc.). Local traffic shall be provided access upon completion of the normal workday. SECTION 10 - DRUGS AND ALCOHOL The contractor shall be responsible for the conduct of employees during the workday. The presence of drugs or alcohol will not be tolerated on the job site by the Authority. SECTION 11 - LIQUIDATED DAMAGES It is understood that the damages that the Authority may sustain due to delay in completion of the project may be difficult to quantify. Therefore, in addition to the other remedies permitted by the Contract or provided by law, the Authority shall be entitled to liquidated damages in the following amount for delay in completion of the project from the completion dates stated in the Contract. This is to be construed as not being a penalty but in lieu of actual damages. The shall represent the cost for technical and procedural costs of the project for each day of delay including weekends and holidays in completion of any stage of the project. The Authority will charge $ per day for delay. 26

27 In addition to liquidated damages, be advised that in the event of late performance of this contract, the Authority reserves the right to consider any unjustified delay beyond the contract completion date as a bearing on your responsibility to perform future contracts for the Authority. The contractor shall not be penalized or charged with liquidated damages because of any delays in the completion of the contract due to unforeseeable causes beyond the control and without the fault of the Government, fires, floods disputes and unusually severe weather conditions. Documentation of any/all delays must be provided by the contractor. The contractor shall be responsible for costs of construction inspection/administration services necessary due to a delay in completion of the project within the contractual time frame or for inspection/administration costs should the contractor work beyond the normal work day, as allowed by Section 40A:11-17 of the New Jersey Public Bidding Laws. SECTION 12 - WORK DURING WEEKENDS, EVENINGS AND HOLIDAYS The Authority s regular workweek is from Monday to Friday. The hours of work are from 8:00 a.m. to 5:00 p.m. The contractor shall conform to this schedule unless written permission is granted by the Authority t deviate from this schedule. The contractor shall not be permitted to work on weekends, evenings and holidays unless the following conditions are met: a. Prior approval is granted by the Authority. It is at the sole discretion of the Authority whether to allow work to be conducted. b. No work is to be covered up. Prior to concealing or otherwise making it impossible to view work performed, the contractor shall arrange and pay at no cost to the Authority for an inspector/supervisor to be present at the site. Work not so inspected and approved shall be cause for the Authority to require the work to be exposed and examined ant the sole cost of the contractor. Unacceptable and/or non-complying work shall be removed, repaired, restored or replaced as required by the Authority at the contractor s expense. Temporary protection of work which must remain exposed shall be in accordance with the specification. In no case shall work be left unprotected which may be a threat to the health and safety of the public. Lighting and all other necessary facilities for the proper carrying out and inspection of the work shall be provided by the contractor. c. Reimbursement of the Authority inspection, engineering and security costs shall be borne by the contractor. SECTION 13 - INSURANCE Before commencing work, the contractor and each of his subcontractors shall furnish to the NHA an original Certificate of Insurance form indicating that the following insurance is in force and will cover all operations under the contract. Certificates of Insurance must show policy numbers, expiration dates, limits of liability and aggregate amounts payable. All Certificates of Insurance must contain a thirty (30) day written cancellation clause, name of the project or contract number, and name of primary contractor and description of the work to be performed. The NHA shall be named as additional insured. All insurance shall be carried with companies that are financially responsible as noted in "Best's Key Rating Guide" and are licensed to due business in the State of New Jersey. If any insurance coverage expires during the construction period, the contractor shall furnish evidence of continued coverage as listed above. 27

28 1. Worker's Compensation Insurance in accordance with statutory limits. 2. Commercial General Liability Insurance including complete operations and property damage coverage, with combined single limit of no less than $1,000, and an aggregate limit of $2,000, including personal injury, fire and medical expense coverage. 3. Automobile Liability Insurance, including non-owned and hired vehicle coverage with a single combined limit of no less than $1,000, per occurrence. 4. Motor Truck Cargo Liability covering personal property of others in the care, custody and control of the contractor while being transported on their vehicles, with a minimum limit $50, per vehicle. The contractor is to quote with and without Motor Cargo coverage for this operation. A. The contractor is to supply the Authority with a true and certified copy of the Contractor s Motor Truck Cargo Insurance Policy, including all deductibles which apply. If applicable a copy of contractor s policy for storage of goods and furniture etc. B. The Contractor shall be required to hold the Authority harmless and indemnify the Authority for any and all losses and claims arising out of damages to the property of tenants. This indemnification shall survive the insurance coverage, if any, that may be provided by the Contractor. 5. Umbrella Liability Insurance in the amount of not less than $1,000, in the name of the moving company. This insurance is to be written on a follow form basis. In addition, it is the Contractor's sole responsibility to employ all necessary security measures at the site to protect work in progress, and completed work from theft and vandalism. THE AUTHORITY WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE FOR DAMAGE OR THEFT THAT MAY OCCUR AT THE SITE. Sufficient security measures must be planned for by the Contractor. SECTION 14 - MINIMUM FINANCIAL REQUIREMENTS In order for bidders to be deemed financial responsive, they must have Net Liquid Assets available for the proposed Contract, as determined by the bidder s latest financial statements and schedules, in an amount which is at least equal to the sum of 15% of the first $100,000 of the bid price and 7.5% of the balance of the bid price. Net Liquid Assets is defined as Liquid Assets less Current Liabilities. Liquid Assets are defined as the sum of: Cash and Cash Equivalents Net Accounts and Notes Receivable less than 90 days old Investments in marketable securities Liquid Assets shall not include: Inventory Accounts and Notes Receivable over 90 days old Prepaid Expenses and Other Assets 28

29 Billings in excess of cost incurred and Costs incurred in excess of billings will not be considered for the purpose of calculating the Net Liquid Assets. Copies of latest signed tax returns of the bidder including the balance sheet page may be accepted for bids between $100,000 and $500,000. The bidder must provide the latest (not older than one year) financial statements, which are compiled by Certified Public Accountants for bids between $500,000 and $1 million. Review financial statements for bids between $1 million and $5 million. Audited financial statements for all bids over $5 million. The bidder must also provide three recent bank statements, Accounts and Notes Receivable Aging Report, latest statement (not older than one month) showing value of marketable securities and any other relevant documents that prove the existence of liquid assets available for the proposed contract. SECTION 15 - PROCUREMENT The Bidder shall comply with 24 CFR (Code of Federal Regulations) procurement statute under federal guidelines and the New Jersey Local Public Contracts Law N.J.S.A.40A:11-1. SECTION 16 - EXTENSION(S) In accordance with N.J.S.A. 40A:11-24, the contract for this project shall be signed by all parties within the time limit set forth in the specifications, which shall not exceed 21 days, Sundays and holidays excepted, after the making of the award; provided however, that all parties to the contract may agree to extend the limit set forth in the specifications beyond the 21 day limit required in this subsection. Certifications and Representations by Firm and of Personnel The Authority requires the Contractor to provide the following certifications or representations related to the proposed work: Certification that any hired subcontractor has the ability, staff, and experience to carry out the requirements of this Invitation for Bid at all Stephen Crane sites. If the Contractor chooses to submit his/her proposal as a joint venture, he/she must provide with the proposal a certification confirming that association and the relevant capabilities and experience of each firm. Provide the Authority with a list showing the number and titles of personnel that will be assigned to this project in various categories of work. Each Contractor must have ten (10) years of relevant experience to propose on this project. If the primary bidder does not have 10 years of experience, then he or she needs to be in a joint venture with a firm that has that required experience. The requirement for 10 years experience is not to be made up from a combination of the required years of experience of multiple firms, but must be experience within one firm. For Joint Ventures, an executed joint venture agreement is required to be included with the proposal submission. The Respondent submitting a proposal for the above project may be: o a Joint Venture of MEP/Site work specialty firms as equal Joint Venture partners; 29

30 o a Joint Venture of MEP/Site work specialty firms with one MEP firm being the lead partner; o a single Mechanical / Electrical / Plumbing / Site work Specialty firm that can cover all specialties; o a General Contractor with specialty MEP/Site work Subcontractors as needed. The Housing Authority reserves the right to choose any Contractor that it deems best qualified to complete this project in its entirety and within for allotted time frame and within available budgets. 30

31 PART I SECTION 6 AFFIRMATIVE ACTION PROCEDURE 31

32 AFFIRMATIVE ACTION AND MBE/WBE REQUIREMENTS: Bidders must comply with the following Federal and NHA Affirmative Action Minority Business Enterprise/Women Business Enterprise requirements: Minority Business Enterprise/ Women Business Enterprise Requirements: Executive Order #11625 and Executive Order # and Executive Order # require that all federal agencies having substantial procurement or grant making authority establish programs to encourage contractors to utilize Minority and Women Owned Business Enterprises. Pursuant to said Executive Orders, the NHA has Economic Business Opportunity Program (EBO) that to submit and EBO Plan that, to the extent practical, provides for subcontracting by the prime contractor of at least 30 percent of the dollar value of the contract to MBEs/WBEs (MBE/WBE Subcontracting Program). The EBO Program further requires to NHA to set aside 30 percent of the dollar of certain specified goods and services as exclusively available for award to MBEs/WBEs (MBE/WBE Set-Aside Program). Equal Opportunity Requirements: Section 39 of the General Conditions of the Contract for Construction set forth the Equal Opportunity requirements that all contractors must adhere to the performance of this contract. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. 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 agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The contractor will, in all solicitations or advancements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The contractor will send to each labor union or representative of workers with which he 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 Section 202 of Executive Order No of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor will comply with all provisions of Executive Order No of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. The contractor will furnish all information and reports required by Executive Order No of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 32

33 11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor win take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States." [Sec. 202 amended by EO of Oct. 13, 1967, 32 FR 14303, 3 CFR, Comp, p. 684, EO of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230]. Section 3 Requirements: Section 40 of the General Conditions of the Contract for Construction set forth the requirements for ensuring that employment and other economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible, and consistent with existing Federal, State and local laws and regulations, be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to low- and very lowincome persons. Recipients of section 3 covered public and Indian housing assistance (as described in Sec ) and their contractors and subcontractors may demonstrate compliance with this part by committing to employ section 3 residents as 30 percent of the aggregate number of new hires for one year period beginning in FY 1997 and continuing thereafter. (2) Each recipient and contractor and subcontractor (unless the contract or subcontract awards do not meet the threshold specified in Sec (a)(3)) may demonstrate compliance with the requirements of this part by committing to award to section 3 business concerns: (i) At least 10 percent of the total dollar amount of all section 3 covered contracts for building trades work for maintenance, repair, modernization or development of public or Indian housing, or for building trades work arising in connection with housing rehabilitation, housing construction and other public construction; and (ii) At least three (3) percent of the total dollar amount of all other section 3 covered contracts. W/D/MBE Participation Assessment of the Contractor s proposed W/D/MBE Participation is based on the following: The W/D/M employment in management positions and/or minority ownership. The utilization of W/D/M-owned business as subcontractors or Joint Venture Partners. The Authority shall assure access to the Stephen Crane properties necessary for the Contractor to perform the services, and to furnish an employee of the Authority to accompany the Contractor on any visit to the site for the required work. The Authority shall designate a contract officer / manager to act on its behalf with respect to all work authorization and acceptance. The Contract Officer / Manager or his/her designee shall examine and respond promptly to the Contractor submittals and shall give prompt notice to the Contractor of any defects in the work. 33

34 Executive Director KEITH D. KINARD Chairperson MODIA BUTLER BOARD OF COMMISSIONERS NADIRAH BROWN GLORIA CARTWRIGHT ANA ESTEVES ANGELLA PALMER NANCY PEREZ DANA RONE INVITATION FOR BID NHA #07-B2163/2 VACANT APARTMENT TURNOVER GENERAL CONTRACTOR SERVICES STANDARD DOCUMENTS PART II CONTRACTS DIVISION OPENING DATE OCTOBER 19, :00 A.M. 34

35 HOUSING AUTHORITY OF THE CITY OF NEWARK INVITATION FOR BIDS 07-B2163/2 PART II STANDARD DOCUMENTS INDEX SECTION 1 INSTRUCTIONS TO BIDDERS (HUD 5369) Page 3 SECTION 2 GENERAL CONDITIONS FOR NON-CONSTRUCTION Page 9 (HUD 5370) SECTION 3 PERFORMANCE/PAYMENT BOND SAMPLE Page 16 SECTION 4 SAMPLE CONTRACT Page 19 SECTION 5 24 CFR (CODE OF FEDERAL REGULATIONS) Page 33 35

36 PART II SECTION 1 INSTRUCTIONS TO BIDDERS (HUD 5369) 36

37 37

38 38

39 39

40 40

41 41

42 PART II SECTION 2 GENERAL CONDITIONS FOR NON-CONSTRUCTION (HUD 5370) 42

43 43

44 44

45 45

46 46

47 47

48 48

49 PART II SECTION 3 PERFORMANCE/PAYMENT BOND SAMPLE 49

50 DIRECTIONS FOR PREPARATION OF PERFORMANCE/PAYMENT BOND (To be submitted after receipt of Notice of Award) 1. Individual sureties, partnerships, or corporations not in surety business will not be considered. The surety company must be licensed to do business in the State of New Jersey. U.S. Treasury Circular No. 570 lists companies approved to act as surety on bonds securing government contracts. 2. The name of the Principal shall be shown exactly as it appears in the Contract. 3. The penal sum shall be one hundred percent (100%) of the bid amount. 4. If the Principals are partners, or joint ventures, each member shall execute the bond as an individual, with his place of residence shown. 5. If the Principal is a corporation, the bond shall be executed under its corporate seal. If the corporation has no corporate seal, that fact shall be stated, in which case a scroll or adhesive seal shall be affixed following the corporate name. 6. The official character and authority of the person(s) executing the bond for the Principal, if a corporation, shall be certified by the secretary or assistant secretary thereof under the corporate seal, or there may be attached copies of so much of the records of the corporation as will evidence the official character and authority of the officer signing, duly certified by the secretary or assistant secretary, under the corporate seal, to be true copies. 7. The current power of attorney of the person signing for the surety company must be attached to the bond. 8. The date of the bond must not be prior to the date of the contract. 9. The following information must be placed on the bond by the surety company: a. The rate of premium in dollars per thousand, and b. The total dollar amount of premium charged. 10. The signature of a witness shall appear in the appropriate place, attesting to the signature of each party to the bond. 11. Type or print the name underneath each signature appearing on the bond. 12. An executed copy of the bond must be attached to each copy of the contract (original counterpart) intended for signing. CAUTION: Extreme care must be taken in preparing the bond(s) so that a portion of the text of the body of the instrument appears on the same page as the signatures of the Principal and his surety, or the signatures may be placed on the reverse of a page combining text. In addition, the continuity from page to page must be clearly evident. NOTE: Bond is to be countersigned by local agent. 50

51 SAMPLE PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned as Principal, and as sureties, are hereby held and firmly bound unto the HOUSING AUTHORITY OF THE CITY OF NEWARK, in the penal sum of dollars ($ ) for the payment of which well and truly to which we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed this day of,. The condition of the above obligations is such that whereas, the above named Principal did on the day of,, enter into a contract with the HOUSING AUTHORITY OF THE CITY OF NEWARK, which said contract is made a part of this bond, the same as though set forth herein: NOW, THEREFORE, if the said shall well and faithfully do and perform the things agreed by to be done and performed according to the terms of said contract, and shall pay all lawful claims of subcontractors, materialmen, laborers, persons, firms or corporations for the labor performed or materials, provision, provender, or other supplies or teams, fuel, oils, implements or machinery furnished, used or consumed in the carrying forward, performing or completing of said contract, we, agreeing and assenting that this undertaking shall be for the benefit of any subcontractor, materialmen, laborer, person, firm or corporation having just claim, as well as for the obligee herein, then this obligation shall be void, otherwise the same shall remain in full 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. The said surety hereby stipulates and agrees that no modifications, omissions or additions in or to be the terms of the said contract or in or to the plans or specifications therefore shall in anyway affect the obligations of said surety on its bond. Signed, Sealed and Delivered in the presence of: ATTEST: As to Principal Principal By: As to Surety Surety The rate of premium in this bon is $ per thousand. The total amount of premium charged is $. (The above is to be filled in by Surety Company) (Power of Attorney of person signing for Surety Company must be attached). 51

52 PART II SECTION 4 SAMPLE CONTRACT 52

53 AGREEMENT BETWEEN THE HOUSING AUTHORITY OF THE CITY OF NEWARK and This Contract, entered into as of the day of in the year Two Thousand Seven, by and between the HOUSING AUTHORITY OF THE CITY OF NEWARK, a body corporate and politic, organized and existing under and by virtue of the laws of the State of New Jersey, having its principal place of business at 500 Broad Street, in the City of Newark, County of Essex and State of New Jersey, hereinafter called the "AUTHORITY", and a corporation organized and existing under and by virtue of the laws of the State of New Jersey, having its principal place of business at in the City of, County of and the State of New Jersey, hereinafter called the "CONTRACTOR". The Authority and the Contractor are mutually desirous of entering into a contract to complete the Scope of Work for the. SAMPLE Article I: SCOPE OF WORK. The Scope of Work to be performed under this contract shall be completed in strict accordance with the specifications entitled: RFP 07- P2141/1, hereinafter referred to as "SPECIFICATIONS". All other work performed shall be in strict accordance with the Specifications and any and all applicable local, state and federal rules, regulations, guidelines, ordinances and codes. CONTRACT Article II: TIME OF COMPLETION. The Contractor shall commence the performance of work on this Contract in accordance with the Specifications and on the date specified in the written Notice to Proceed issued by the Authority's Chief Legal Officer. This project is to be completed in its entirety within _THREE HUNDRED SIXTY CONSECUTIVE CALENDAR DAYS from the date of the Notice to Proceed. Article III: COMPENSATION. The Authority shall pay the Consultant for the performance of the work under this Contract, in current funds, an amount not to exceed dollars ($.00). Payments of the Consultant s work shall be made upon presentation of the Consultant's itemized invoice. Prior to an invoice submittal, progress schedules and cost breakdowns shall be on file with the NHA for the periodical approval. The invoices are to be forwarded to Newark Housing Authority, Chief Asset Development and Preservation Officer, 500 Broad Street, Newark, New Jersey

54 Article IV: SCHEDULE AND COORDINATION. The Contractor shall submit a proposed detailed project schedule in accordance with the Specifications. Approval will be made by the Authority. Upon approval the schedule shall remain in effect throughout the duration of the contract. No changes to the schedule shall be made unless prior approval of the Authority has been obtained. The Contractor is required to submit a schedule of job completion each time a periodical is submitted. Failure to submit this schedule will result in the periodical being returned. The purpose of submitting a schedule of job completion with monthly periodicals is to permit the Authority to measure the Contractor's actual performance against the schedule submitted prior to commencement of the contract work. The Authority's payment as per the periodical submitted shall not constitute an acceptance or approval of the schedule of job completion submitted therewith, nor shall such payment of a monthly periodical constitute modification or change to the schedule submitted prior to the commencement of the contract work. Article V: INSURANCE. Before commencing SAMPLE work under this contract, the Contractor shall furnish to the Authority certificates of insurance showing that the following insurance is in force, stating policy numbers, dates of expiration, limits of liability, deductibles and aggregate amounts payable there under: Worker's Compensation and Employer's Liability Insurance, in accordance with the laws of the state of New Jersey. CONTRACT Comprehensive General Liability Insurance covering bodily injury and property damage covering claims made at any time prior to, during, subsequent to completion of the Contractor's services in accordance with the statement of work. Comprehensive Automobile Liability Insurance covering non-owned and hired vehicles, as well as for owned vehicles. The Authority shall be named additional insured in this policy. Certificates of insurance must contain thirty-day (30) written cancellation clause. Article VI: COVENANT AGAINST CONTINGENT FEES. The Contractor warrants that he has not employed any person to solicit or secure this Contract upon any contract for a commission, percentage, brokerage, or contingent fee. Breach of this warranty shall give the Authority the right to terminate this Contract, at its discretion, for default. Article VII: TERMINATION FOR CAUSE If through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the Authority shall thereupon have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five days before the effective date of the termination. The Authority shall have the benefit of such work as may have been completed up 54

55 to the time of such termination and the Contractor shall be entitled to receive just and equitable compensation for such work. Article VIII: TERMINATION FOR CONVENIENCE. The Authority may terminate this contract any time by a notice in writing from the Authority to the Contractor. If the Contract is terminated by the Authority as provided herein, the Contractor shall be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Contract, less payments previously made. If the Contract is terminated due to fault of the Contractor, Article VIII hereof relative to termination shall apply. Article IX: CHANGES. The Contracting Officer may, at any time, without notice to the sureties, by written order designated or indicated to be a change order, make changes in the work within the general scope of the contract including changes: (1) In the specifications (including drawings and designs); (2) In the method or manner SAMPLE of performance of the work; (3) Authority-furnished facilities, equipment, materials, services, or site; or, (4) Directing the acceleration in the performance of the work. Article X: EQUAL EMPLOYMENT OPPORTUNITY. During CONTRACT the performance of this contract, the Contractor agrees to enforce the provisions of Clauses 38, 39 and 40 of the General Conditions of the Contract for Construction, HUD 5370, which are incorporated herein. Article XI: ASSIGNMENT OF CONTRACT. The Contractor shall not assign or transfer any interest in this contract; except that claims for monies due or to become due from the Authority under the contract may be assigned to a bank, trust company, or other financial institution. Such assignments of claims shall only be made with the written concurrence of the Contracting Officer. If the Contractor is a partner-ship, this contract shall inure to the benefit of the surviving or remaining member(s) of such partnership as approved by the Contracting Officer. Article XII: LIQUIDATED DAMAGES. As actual damages for any delay in removal of materials are impossible determination the Contractor and Sureties shall be liable for and shall pay to the Authority the sum of five hundred dollars ($500.00) per day as fixed, agreed and liquidated damages for each calendar day of delay until removal of materials called for herein. Article XIII: MODIFICATION. Only the Contracting Officer has authority to modify any term or condition of this contract. Any contract modification shall be authorized in writing. The Contracting Officer may modify the contract unilaterally (1) pursuant to a specific authorization stated in a contract clause (e.g., Changes); or (2) for administrative matters which do not change the rights or 55

56 responsibilities of the parties (e.g., change in the Authority s address). All other contract modifications shall be in the form of supplemental agreements signed by the Contractor and the Contracting Officer. When a proposed modification requires the approval of HUD prior to its issuance (e.g., a change order that exceeds the Authority s approved threshold), such modification shall not be effective until the required approval is received by the Authority. Article XIV: SUBCONTRACTING. Subcontracting under this contract shall be as defined in Clauses 37 and 38 of the General Conditions of the Contract for Construction, HUD 5370, which are incorporated herein. Article XV: COMPLIANCE WITH LOCAL LAWS. The Contractor shall comply with all applicable laws, ordinances, regulations and codes of the State and local SAMPLE governments and shall not trespass on any public or private property in performing any of the work embraced by this Contract. The work to be performed under this contract is subject to the requirements of section 3 of the Housing CONTRACT and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (section 3). The purpose is to ensure that employment and other economic opportunities generated by HUD assistance or HUD assisted projects shall, to the greatest extent feasible, be directed to low- and Article XVI: SECTION 3 REQUIREMENT very low-income persons who are recipients of HUD assistance for housing. As evidences by their execution of this contract, the parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135. Noncompliance with HUD's regulations in CFR 24 part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD contracts. ARTICLE XVII. WARRANTY OF CONSTRUCTION In addition to any other warranties in this contract, the Contractor warrants that the work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or workmanship performed by the Contractor or any subcontractor or supplier or any tier. This warranty shall continue for a period of one (1) year from the date of final acceptance of the work. If the Authority takes possession of any part of the work before final acceptance, this warranty shall continue for a period of one (1) year from the date that the Authority takes possession. ARTICLE XVIII. MAINTENANCE BOND Prior to final payment, the Contractor shall be required to supply a Maintenance Bond in an equal amount of 15% of the total contract award price for two (2) years. 56

57 ARTICE XIX: AFFIRMATIVE ACTION (REVISED 3/05) 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 or sex. Except with respect to affectional or sexual orientation, the contractor 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 or sex. Such action 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 SAMPLE 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 or sex; CONTRACT 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. 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 applicable employment goal prescribed by N.J.A.C. l7:27-7.3; 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 applicable employment goal established in accordance 57

58 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 attempt to hire or schedule minority and women workers directly, consistent with the applicable employment goal. 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 the applicable employment goal, the contractor or subcontractor agrees to be prepared to hire or schedule minority and women workers directly, consistent with the applicable employment goal, 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 or is so notified by the Division that the union is not referring minority and women workers consistent with the applicable employment goal. SAMPLE If the hiring or scheduling of a workforce consistent with the employment goal (B) has not or cannot be achieved 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 consistent with the applicable county employment goals: CONTRACT (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; (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 until such time as the workforce is consistent with the employment goal; (5) If it is necessary to lay off some of the workers in a given trade on the construction site, to assure, consistent with the applicable State and Federal statutes and court decisions, that sufficient minority and women employees remain on the site consistent with the employment goal; and to employ any minority and women workers laid off by the contractor on any other 58

59 construction site on which its workforce composition is not consistent with an employment goal established pursuant to rules implementing N.J.S.A. 10:5-31 et. seq.; (6) To adhere to the following procedure when minority and women workers apply or are referred to the contractor or subcontractor: (i) 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 determine the qualifications of such individuals and if the contractor's or subcontractor's workforce in each construction trade is not consistent with the applicable employment goal, it shall hire or schedule those individuals who satisfy appropriate qualification standards. 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. SAMPLE list for the first consideration, in the event the contractor's or subcontractor's workforce is no (ii) If the contractor's or subcontractor's workforce is consistent with the applicable employment goal, the name of any interested women or minority individual shall be maintained on a waiting longer consistent with the applicable employment goal. (iii) 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 CONTRACT agency compliance officer and to the Division. (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 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) 59

60 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) provided to the public agency by the Division 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. SAMPLE The contractor and its subcontractors shall furnish such reports or other (D) documents to the Division of Contract Compliance & EEO 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 Contract Compliance & EEO CONTRACT for conducting a compliance investigation pursuant to Subchapter l0 of the Administrative Code (NJAC 17:27). 60

61 Article XX: CONTRACTDOCUMENTS. The executed Contract shall consist of the following component parts: a. This Instrument; b. Invitation for Bids /1 entitled: c. The Bid 07- /1 received from, dated 2007; d. General Conditions of the Contract for Construction HUD THIS INSTRUMENT, together with the other documents enumerated in this Article XX, which said other documents are as fully a part of the Contract as if hereto attached or herein repeated, form the Contract. In the event that any provision in any component part of this Contract conflicts with any provision of any other component part, the provision of the component part first enumerated in this Article XX, shall govern, except as otherwise specifically stated. The various provision in Addenda shall be construed in the order of preference of the component part of the Contract which each modifies. SAMPLE CONTRACT 61

62 IN WITNESS WHEREOF, the Authority and the Contractor have executed on this Contract, the day and year first above written. ATTEST: WITNESS/NOTARY PRESIDENT/PRINCIPAL APPROVED AS TO FORM AND LEGALITY ELLEN M. HARRIS, ESQ. CHIEF LEGAL OFFICER HOUSING AUTHORITY of the CITY OF NEWARK ATTEST: SAMPLE HOUSING AUTHORITY OF THE CITY OF NEWARK KEITH D. KINARD EXECUTIVE DIRECTOR CONTRACT NAME OF ORIGINATING DEPARTMENT: 62

63 INDEMNIFICATION AGREEMENT This agreement made this day of, 2006 between the Housing Authority of the City of Newark and, in the County of and the State of New Jersey. Whereas, Newark for applicable laws, and; has been contracted by the Housing Authority of the City of in accordance with the Contract Documents and all WHEREAS, parties hereto seek to protect the Owner, from any and all real, actual or potential claims arising from any negligent or allegedly negligent act and or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be or appear to be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. NOW, THEREFORE, SAMPLE while in or about the building or premises and further agrees to Indemnify the Owner and/or CONTRACT, hereby agrees to save and INDEMNIFY and keep harmless the Housing Authority of the City of Newark, against all liability for any and all claims, demands, judgments, and damages including personal and property damage arising from any act or omission of its agents Signed and Sealed this day of, 2006., or its Subcontractors, agents or employees, BY: 63

64 AFFIDAVIT STATE OF NEW JERSEY ) ) S.S. COUNTY OF ) BE IT REMEMBERED that on this day, 2006, before me the subscriber, a Notary Public of the State of New Jersey, personally appeared, who, being duly sworn does depose and make proof to my satisfaction that he/she is the Secretary of, Mazzocchi Wrecking, Incorporated, the Corporation named in the foregoing Instrument; that, is the President/Owner of said corporation, that the execution, as well as the making of this Instrument has been duly authorized by a proper resolution of the Board of Directors of said corporation, that deponent well knows the corporate seal of said corporation and the seal affixed to said Instrument is such corporate seal and was thereto affixed and said Instrument signed and delivered by said Secretary, as and for his voluntary act and deed of said corporation, in the presence of deponent, who thereupon SAMPLE CONTRACT subscribed his name thereto as a witness by like order of the Board of said Corporation. Secretary 64

65 PART II SECTION 5 24 CFR (Code of Federal Regulations) 65

66 CODE OF FEDERAL REGULATIONS Title 24, Volume 1 Revised as of April 1, 2005 From the U.S. Government Printing Office via GPO Access CITE: 24CFR85.36 Page TITLE 24--HOUSING AND URBAN DEVELOPMENT PART 85_ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS Sec Procurement Subpart C_Post-Award Requirements (a) States. When procuring property and services under a grant, a State will follow the same policies and procedures it uses for procurements from its non-federal funds. The State will ensure that every purchase order or other contract includes any clauses required by Federal statutes and executive orders and their implementing regulations. Other grantees and subgrantees will follow paragraphs (b) through (i) in this section. (b) Procurement standards. (1) Grantees and subgrantees will use their own procurement procedures which reflect applicable State and local laws and regulations, provided that the procurements conform to applicable Federal law and the standards identified in this section. (2) Grantees and subgrantees will maintain a contract administration system which ensures that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. (3) Grantees and subgrantees will maintain a written code of standards of conduct governing the performance of their employees engaged in the award and administration of contracts. No employee, officer or agent of the grantee or subgrantee shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: (i) The employee, officer or agent, (ii) Any member of his immediate family, (iii) His or her partner, or (iv) An organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. The grantee's or subgrantee's officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to subagreements. Grantee and subgrantees may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. To the extent permitted by State or local law or regulations, such standards or conduct will provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the grantee's and subgrantee's officers, employees, or agents, or by contractors or their agents. The awarding agency may in regulation provide additional prohibitions relative to real, apparent, or potential conflicts of interest. (4) Grantee and subgrantee procedures will provide for a review of proposed procurements to avoid purchase of unnecessary or duplicative items. Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase. Where 66

67 appropriate, an analysis will be made of lease versus purchase alternatives, and any other appropriate analysis to determine the most economical approach. (5) To foster greater economy and efficiency, grantees and subgrantees are encouraged to enter into State and local intergovernmental agreements for procurement or use of common goods and services. (6) Grantees and subgrantees are encouraged to use Federal excess and surplus property in lieu of purchasing new equipment and property whenever such use is feasible and reduces project costs. (7) Grantees and subgrantees are encouraged to use value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a systematic and creative analysis of each contract item or task to ensure that its essential function is provided at the overall lower cost. (8) Grantees and subgrantees will make awards only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. (9) Grantees and subgrantees will maintain records sufficient to detail the significant history of a procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. (10) Grantees and subgrantees will use time and material type contracts only-- (i) After a determination that no other contract is suitable, and (ii) If the contract includes a ceiling price that the contractor exceeds at its own risk. (11) Grantees and subgrantees alone will be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements. These issues include, but are not limited to source evaluation, protests, disputes, and claims. These standards do not relieve the grantee or subgrantee of any contractual responsibilities under its contracts. Federal agencies will not substitute their judgment for that of the grantee or subgrantee unless the matter is primarily a Federal concern. Violations of law will be referred to the local, State, or Federal authority having proper jurisdiction. (12) Grantees and subgrantees will have protest procedures to handle and resolve disputes relating to their procurements and shall in all instances disclose information regarding the protest to the awarding agency. A protestor must exhaust all administrative remedies with the grantee and subgrantee before pursuing a protest with the Federal agency. Reviews of protests by the Federal agency will be limited to: (i) Violations of Federal law or regulations and the standards of this section (violations of State or local law will be under the jurisdiction of State or local authorities) and (ii) Violations of the grantee's or subgrantee's protest procedures for failure to review a complaint or protest. Protests received by the Federal agency other than those specified above will be referred to the grantee or subgrantee. (c) Competition. (1) All procurement transactions will be conducted in a manner providing full and open competition consistent with the standards of Sec Some of the situations considered to be restrictive of competition include but are not limited to: (i) Placing unreasonable requirements on firms in order for them to qualify to do business, (ii) Requiring unnecessary experience and excessive bonding, (iii) Noncompetitive pricing practices between firms or between affiliated companies, (iv) Noncompetitive awards to consultants that are on retainer contracts, (v) Organizational conflicts of interest, 67

68 (vi) Specifying only a brand name product instead of allowing an equal product to be offered and describing the performance of other relevant requirements of the procurement, and (vii) Any arbitrary action in the procurement process. (2) Grantees and subgrantees will conduct procurements in a manner that prohibits the use of statutorily or administratively imposed in-state or local geographical preferences in the evaluation of bids or proposals, except in those cases where applicable Federal statutes expressly mandate or encourage geographic preference. Nothing in this section preempts State licensing laws. When contracting for architectural and engineering (A/E) services, geographic location may be a selection criteria provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract. (3) Grantees will have written selection procedures for procurement transactions. These procedures will ensure that all solicitations: (i) Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description shall not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to be procured, and when necessary, shall set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided if at all possible. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a brand name or equal description may be used as a means to define the performance or other salient requirements of a procurement. The specific features of the named brand which must be met by offerors shall be clearly stated; and (ii) Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals. (4) Grantees and subgrantees will ensure that all prequalified lists of persons, firms, or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition. Also, grantees and subgrantees will not preclude potential bidders from qualifying during the solicitation period. (d) Methods of procurement to be followed. (1) Procurement by small purchase procedures. Small purchase procedures are those relatively simple and informal procurement methods for securing services, supplies, or other property that do not cost more than the simplified acquisition threshold fixed at 41 U.S.C. 403(11) (currently set at $100,000). If small purchase procedures are used, price or rate quotations shall be obtained from an adequate number of qualified sources. (2) Procurement by sealed bids (formal advertising). Bids are publicly solicited and a firmfixed-price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest in price. The sealed bid method is the preferred method for procuring construction, if the conditions in Sec (d)(2)(i) apply. (i) In order for sealed bidding to be feasible, the following conditions should be present: (A) A complete, adequate, and realistic specification or purchase description is available; (B) Two or more responsible bidders are willing and able to compete effectively and for the business; and (C) The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price. (ii) If sealed bids are used, the following requirements apply: 68

69 (A) The invitation for bids will be publicly advertised and bids shall be solicited from an adequate number of known suppliers, providing them sufficient time prior to the date set for opening the bids; (B) The invitation for bids, which will include any specifications and pertinent attachments, shall define the items or services in order for the bidder to properly respond; (C) All bids will be publicly opened at the time and place prescribed in the invitation for bids; (D) A firm fixed-price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding documents, factors such as discounts, transportation cost, and life cycle costs shall be considered in determining which bid is lowest. Payment discounts will only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of; and (E) Any or all bids may be rejected if there is a sound documented reason. (3) Procurement by competitive proposals. The technique of competitive proposals is normally conducted with more than one source submitting an offer, and either a fixed-price or costreimbursement type contract is awarded. It is generally used when conditions are not appropriate for the use of sealed bids. If this method is used, the following requirements apply: (i) Requests for proposals will be publicized and identify all evaluation factors and their relative importance. Any response to publicized requests for proposals shall be honored to the maximum extent practical; (ii) Proposals will be solicited from an adequate number of qualified sources; (iii) Grantees and subgrantees will have a method for conducting technical evaluations of the proposals received and for selecting awardees; (iv) Awards will be made to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered; and (v) Grantees and subgrantees may use competitive proposal procedures for qualificationsbased procurement of architectural/engineering (A/E) professional services whereby competitors' qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to purchase other types of services though A/E firms are a potential source to perform the proposed effort. (4) Procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source, or after solicitation of a number of sources, competition is determined inadequate. (i) Procurement by noncompetitive proposals may be used only when the award of a contract is infeasible under small purchase procedures, sealed bids or competitive proposals and one of the following circumstances applies: (A) The item is available only from a single source; (B) The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation; (C) The awarding agency authorizes noncompetitive proposals; or (D) After solicitation of a number of sources, competition is determined inadequate. (ii) Cost analysis, i.e., verifying the proposed cost data, the projections of the data, and the evaluation of the specific elements of costs and profits, is required. (iii) Grantees and subgrantees may be required to submit the proposed procurement to the awarding agency for pre-award review in accordance with paragraph (g) of this section. (e) Contracting with small and minority firms, women's business enterprise and labor surplus area firms. (1) The grantee and subgrantee will take all necessary affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible. 69

70 (2) Affirmative steps shall include: (i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; (iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; (v) Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce; and (vi) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (e)(2) (i) through (v) of this section. (f) Contract cost and price. (1) Grantees and subgrantees must perform a cost or price analysis in connection with every procurement action including contract modifications. The method and degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a starting point, grantees must make independent estimates before receiving bids or proposals. A cost analysis must be performed when the offeror is required to submit the elements of his estimated cost, e.g., under professional, consulting, and architectural engineering services contracts. A cost analysis will be necessary when adequate price competition is lacking, and for sole source procurements, including contract modifications or change orders, unless price reasonableness can be established on the basis of a catalog or market price of a commercial product sold in substantial quantities to the general public or based on prices set by law or regulation. A price analysis will be used in all other instances to determine the reasonableness of the proposed contract price. (2) Grantees and subgrantees will negotiate profit as a separate element of the price for each contract in which there is no price competition and in all cases where cost analysis is performed. To establish a fair and reasonable profit, consideration will be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. (3) Costs or prices based on estimated costs for contracts under grants will be allowable only to the extent that costs incurred or cost estimates included in negotiated prices are consistent with Federal cost principles (see Sec ). Grantees may reference their own cost principles that comply with the applicable Federal cost principles. (4) The cost plus a percentage of cost and percentage of construction cost methods of contracting shall not be used. (g) Awarding agency review. (1) Grantees and subgrantees must make available, upon request of the awarding agency, technical specifications on proposed procurements where the awarding agency believes such review is needed to ensure that the item and/or service specified is the one being proposed for purchase. This review generally will take place prior to the time the specification is incorporated into a solicitation document. However, if the grantee or subgrantee desires to have the review accomplished after a solicitation has been developed, the awarding agency may still review the specifications, with such review usually limited to the technical aspects of the proposed purchase. (2) Grantees and subgrantees must on request make available for awarding agency pre-award review procurement documents, such as requests for proposals or invitations for bids, independent cost estimates, etc. when: 70

71 (i) A grantee's or subgrantee's procurement procedures or operation fails to comply with the procurement standards in this section; or (ii) The procurement is expected to exceed the simplified acquisition threshold and is to be awarded without competition or only one bid or offer is received in response to a solicitation; or (iii) The procurement, which is expected to exceed the simplified acquisition threshold, specifies a ``brand name'' product; or (iv) The proposed award is more than the simplified acquisition threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement; or (v) A proposed contract modification changes the scope of a contract or increases the contract amount by more than the simplified acquisition threshold. (3) A grantee or subgrantee will be exempt from the pre-award review in paragraph (g)(2) of this section if the awarding agency determines that its procurement systems comply with the standards of this section. (i) A grantee or subgrantee may request that its procurement system be reviewed by the awarding agency to determine whether its system meets these standards in order for its system to be certified. Generally, these reviews shall occur where there is a continuous high-dollar funding, and third-party contracts are awarded on a regular basis. (ii) A grantee or subgrantee may self-certify its procurement system. Such self-certification shall not limit the awarding agency's right to survey the system. Under a self-certification procedure, awarding agencies may wish to rely on written assurances from the grantee or subgrantee that it is complying with these standards. A grantee or subgrantee will cite specific procedures, regulations, standards, etc., as being in compliance with these requirements and have its system available for review. (h) Bonding requirements. For construction or facility improvement contracts or subcontracts exceeding the simplified acquisition threshold, the awarding agency may accept the bonding policy and requirements of the grantee or subgrantee provided the awarding agency has made a determination that the awarding agency's interest is adequately protected. If such a determination has not been made, the minimum requirements shall be as follows: (1) A bid guarantee from each bidder equivalent to five percent of the bid price. The ``bid guarantee'' shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. (2) A performance bond on the part of the contractor for 100 percent of the contract price. A ``performance bond'' is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. (3) A payment bond on the part of the contractor for 100 percent of the contract price. A ``payment bond'' is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. (i) Contract provisions. A grantee's and subgrantee's contracts must contain provisions in paragraph (i) of this section. Federal agencies are permitted to require changes, remedies, changed conditions, access and records retention, suspension of work, and other clauses approved by the Office of Federal Procurement Policy. (1) Administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. (Contracts more than the simplified acquisition threshold) (2) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000) 71

72 (3) Compliance with Executive Order of September 24, 1965, entitled ``Equal Employment Opportunity,'' as amended by Executive Order of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded in excess of $10,000 by grantees and their contractors or subgrantees) (4) Compliance with the 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) (5) Compliance with the 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 $2000 awarded by grantees and subgrantees when required by Federal grant program legislation) (6) Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C ) as supplemented by Department of Labor regulations (29 CFR part 5). (Construction contracts awarded by grantees and subgrantees in excess of $2000, and in excess of $2500 for other contracts which involve the employment of mechanics or laborers) (7) Notice of awarding agency requirements and regulations pertaining to reporting. (8) Notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract. (9) Awarding agency requirements and regulations pertaining to copyrights and rights in data. (10) Access by the grantee, the subgrantee, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. (11) Retention of all required records for three years after grantees or subgrantees make final payments and all other pending matters are closed. (12) Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of $100,000). (13) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L , 89 Stat. 871). [53 FR 8068, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19642, Apr. 19, 1995] 72

73 Executive Director KEITH D. KINARD Chairperson MODIA BUTLER BOARD OF COMMISSIONERS NADIRAH BROWN GLORIA CARTWRIGHT ANA ESTEVES ANGELLA PALMER NANCY PEREZ DANA RONE INVITATION FOR BID NHA #07-B2163/2 VACANT APARTMENT TURNOVER GENERAL CONTRACTOR SERVICES BID DOCUMENTS SUBMIT ONE ORIGINAL AND TWO COPIES OF THE BID DOCUMENTS PART III CONTRACTS DIVISION BID OPENING OCTOBER 19, :00 A.M. 1

74 NEWARK HOUSING AUTHORITY INVITATION FOR BIDS BID NO. 07-B2163/2 PART III BID DOCUMENTS INDEX SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 SECTION 6 SECTION 7 SECTION 8 SECTION 9 SECTION 10 SECTION 11 SECTION 12 SECTION 13 SECTION 14 SECTION 15 BID DOCUMENT BID BOND/CONSENT OF SURETY NON-COLLUSIVE AFFIDAVIT STATEMENT OF BIDDER S QUALIFICATIONS STOCKHOLDER DISCLOSURE CERTIFICATION STATEMENT OF COMPLIANCE WAGES AFFIRMATIVE ACTION DOCUMENTS AFFIRMATIVE ACTION COMPLIANCE NOTICE REPRESENTATIONS & CERTIFICATIONS & OTHER STATEMENTS OF BIDDERS (HUD 5369A) PREVIOUS PARTICIPATION CERTIFICATION (HUD 2530) REFERENCES SUB-CONTRACTOR INFORMATION ACKNOWLEDGMENT OF ADDENDUM(S) and/or CLARIFICATIONS(S) BUSINESS REGISTRATION CERTIFICATE LICENSE INFORMATION BIDDER S CHECKLIST 2

75 PART III SECTION 1 BID DOCUMENT 3

76 NEWARK HOUSING AUTHORITY 500 BROAD STREET, NEWARK, NEW JERSEY BID DOCUMENT VACANT APARTMENT TURNOVER GENERAL CONTRACTOR SERVICES BID # 07-B2163/2 FROM: NAME OF FIRM STREET ADDRESS CITY, STATE, ZIP PHONE CONTACT PERSON FAX EMPLOYER I.D. No. The undersigned, having familiarized (themselves) with the Invitation for Bids and all attachments, and with the Scope of Work as prepared by the AUTHORITY and local conditions affecting the cost of the work, hereby submit this Bid to furnish all labor, materials, services, equipment and related items required to complete the entire Scope of Work to satisfactorily complete the installation of the shower in a minimum of 20 and a maximum of 100 bathrooms. The time for completion of this contract shall be within a period not to exceed one year subject to the availability and the appropriation annually of sufficient funds. All prospective Bidders should make an on-site inspection of the site where the work is to be performed. By submitting this Bid, the bidder stipulates that he has reviewed all documents of the bid and the physical, regulatory, environmental, and social conditions of the site and the Scope of Work to be performed, and that the Bid Price and the completion times are based on the Bidder's knowledge of and unconditional acceptance of the conditions. The bidder takes sole responsibility for the protection and security of the installed and completed work, tools, materials, labor, and the safety of the residents, Authority staff and the public at large, and hereby holds the Authority harmless from any damages, including third parties, based upon the Bidder's failure to protect and secure as above. It is the Authority s intention to obtain Contracting Services to provide a complete and comprehensive APARTMENT TURNOVER OF NHA s VACANT AND OCUPIED TOWNHOUSE AND LOW RISE UNITS. The Contractor shall respond to all calls on an as needed basis for one full calendar year. All rehabilitation services will be performed under a comprehensive set of some known per unit prices and /or Labor Rates proposed and stated herein by the Contractor, and with prices for unknown materials items and/or materials with cost 4

77 allowances stated herein, if directed by NHA to purchase and supply, the Contractor shall be compensated a pre-defined markup over bare-cost for the item furnished based on Standard Markup over Material cost stated herein this RFB. Also the Authority reserves the right to direct the contractor to provide a lump sum cost for all work performed based on the unit cost provided in this RFP for their review and approval prior to start of a work item or as a whole. The unit cost that would be entered by the contractor in the following tables would be the cost used for all intended purposes except material unit cost which would be adjusted to reflect the actual cost of the material plus contractor s marked up cost as stated herein this RFB. The contractor would be directed to produce multiple (max. three) unit prices for the same item that matches the specification prior to purchase for NHA s approval. No item shall purchased and/or install by the contractor unless otherwise approved in advance by the NHA in writing. 5

78 BID DOUCMENT 07-B2163/2 FORM OF PROPOSAL A. Pre-defined standard markup over material bare-cost 1. $0- $1,000 % 2. $1,000-$5,0000 % 3. $5,000-$25,0000 % 4. $25,000 or greater % AVERAGE Markup for Material over Material Bare-Cost % Add items ( ) / 4 Note: The Authority reserves the right to purchase any materials for Contractor directly through New Jersey state contracts or other consolidated purchasing. B. Residential Wage Rates BUILT-UP HOURLY LABOR RATES TRADE: Carpenter Effective: October 01, 2007 November 30, 2008 Gross Billable Built-Up hourly Rate. No Description % General Foreman Journeyman Foreman 1 Base Rate 2 Total Benefits 3 Total Payroll Taxes and insurances 5 Total (1+2+3) 6 *Overhead 7 Profit 8 Total Fee (6+7) A Total Built Up hourly Rate (Line 5+8) B C Total Built Up hourly Rate (Premium Time 1.5 X) Total Built Up hourly Rate (Premium Time Double X) NHA BHLR-1 6

79 BUILT-UP HOURLY LABOR RATES TRADE: Electrician Effective: October 01, 2007 November 30, 2008 Gross Billable Built-Up hourly Rate. No Description % General Foreman Journeyman Foreman 1 Base Rate 2 Total Benefits 3 Total Payroll Taxes and insurances 5 Total (1+2+3) 6 *Overhead 7 Profit 8 Total Fee (6+7) A Total Built Up hourly Rate (Line 5+8) B C Total Built Up hourly Rate (Premium Time 1.5 X) Total Built Up hourly Rate (Premium Time Double X) NHA BHLB-2 7

80 BUILT-UP HOURLY LABOR RATES TRADE: Plumber Effective: October 01, 2007 November 30, 2008 Gross Billable Built-Up hourly Rate. No Description % General Foreman Journeyman Foreman 1 Base Rate 2 Total Benefits 3 Total Payroll Taxes and insurances 5 Total (1+2+3) 6 *Overhead 7 Profit 8 Total Fee (6+7) A Total Built Up hourly Rate (Line 5+8) B C Total Built Up hourly Rate (Premium Time 1.5 X) Total Built Up hourly Rate (Premium Time Double X) NHA BHLR-3 8

81 BUILT-UP HOURLY LABOR RATES TRADE: HVAC-Mechanic Effective: October 01, 2007 November 30, 2008 Gross Billable Built-Up hourly Rate. No Description % General Foreman Journeyman Foreman 1 Base Rate 2 Total Benefits 3 Total Payroll Taxes and insurances 5 Total (1+2+3) 6 *Overhead 7 Profit 8 Total Fee (6+7) A Total Built Up hourly Rate (Line 5+8) B C Total Built Up hourly Rate (Premium Time 1.5 X) Total Built Up hourly Rate (Premium Time Double X) NHA BHLR-4 9

82 BUILT-UP HOURLY LABOR RATES TRADE: Painter Effective: October 01, 2007 November 30, 2008 Gross Billable Built-Up hourly Rate. No Description % General Foreman Journeyman Foreman 1 Base Rate 2 Total Benefits 3 Total Payroll Taxes and insurances 5 Total (1+2+3) 6 *Overhead 7 Profit 8 Total Fee (6+7) A Total Built Up hourly Rate (Line 5+8) B C Total Built Up hourly Rate (Premium Time 1.5 X) Total Built Up hourly Rate (Premium Time Double X) NHA BHLR-5 10

83 BUILT-UP HOURLY LABOR RATES TRADE: Laborer Effective: October 01, 2007 November 30, 2008 Gross Billable Built-Up hourly Rate. No Description % General Foreman Journeyman Foreman 1 Base Rate 2 Total Benefits 3 Total Payroll Taxes and insurances 5 Total (1+2+3) 6 *Overhead 7 Profit 8 Total Fee (6+7) A Total Built Up hourly Rate (Line 5+8) B C Total Built Up hourly Rate (Premium Time 1.5 X) Total Built Up hourly Rate (Premium Time Double X) NHA BHLR 6 *Overhead: includes all overhead charges such as Project Management, Basic (Trade)Tools, Transportation, Office overhead and any and all other miscellaneous cost. Any other Trade discipline not listed above shall be subject to the trade s base rate plus benefits, and applicable % of overhead and profit as shown in bove listed Built-up Labor Rate. 11

84 C. Unit Cost The quantity shown in the following tables for each item in column line C represents quantity for bid evaluation purposes only. Family Low Rise - Unit cost Pricing Sheet Item # Task Quantity Unit Unit Material Cost 12 Unit Labor Cost Total Cost Remarks A B C D E F G H 1 GENERAL 2 Replace Window Aluminum 3 4 Replace Window Vinyl 5 Each 5 Each Replace window screen 5 Each Full unit Apply Al. window bare cost allowance of $350.00, average 32' wide. Apply Vinyl window bare cost allowance of $250.00, average 32" wide. 5 Repair Window 5 Each Apply labor allowance of 1 hr. 6 Repair window screen 5 Each Mesh only 7 Replace interior Door Apply door bare cost allowance of $100.00, 5 Each average 30" door. 8 Apply frame bare cost Replace interior Door allowance of $50.00, average Frames 5 Each 30" door. 9 Replace interior Lockset 5 Each 10 Repair Door 11 Replace Door Trim 12 Replace wood trim 13 Replace wood Trim 14 Replace Wood Trim 15 Replace VCT 50 SF Replace Vinyl Floor 16 Cove Base 50 LF Apply lockset bare cost allowance of $25.00, 5 Each Apply labor allowance of 1 hr. 50 LF Wood LF Wood 7/8 30 LF Wood 1 1 7/8 30 LF Wood 2 3

85 17 Replace Wall stud Use 2"x4" wood stud, 50 Each average 8' ht. 18 Replace / Spackle Wall ready for paint 50 SF Gypsum board only Replace / spackle 19 ceiling, ready for paint 50 SF Gypsum board only 20 Spackle wall, ready for paint 50 SF Gypsum board only 21 Spackle ceiling, ready for paint 50 SF Gypsum board only 22 Repair / Patch Wall ready for paint 50 SF Plaster wall Repair / Patch 23 Ceiling ready for paint 50 SF Plaster Ceiling 24 Paint Wall 25 Paint Ceiling 26 Paint Door & Frame 27 Replace closet Door & Frame SF Eggshell or Semi gloss 100 SF Ceiling Paint 5 Each 5 Each Replace closet Bifold Door/Frame 51 Each Replace Closet Shelving 10 LF 30 ENTRY 13 Apply door bare cost allowance of $125.00, average 24" door. Apply door bare cost allowance of $125.00, average 60" door. 31 Replace Entry Door Apply Door & Frame bare & frame 5 Each cost allowance of $ Repair Entry Door / frame 5 Each Apply labor allowance 1 hr. 33 Replace Lockset Apply lockset bare cost 5 Each allowance of $ KITCHEN 35 Replace Base Cabinets 36 Replace Countertop 37 Replace Wall Cabinets 5 Each 10 LF 5 Each Apply cabinet bare cost allowance of $250.00, average 24" wide cabinet Apply counter top material bare cost allowance of $ Apply cabinet bare cost allowance of $350.00, average 24" wide cabinet

86 Replace Cabinet Shelving 10 LF Replace Cabinet wood Trim 10 LF Replace Shelving support clips 20 PCS. 41 Replace Sink Bowl 3 Each 42 Replace Sink Faucet 3 Each Replace Garbage 43 Disp. 3 Each 44 Install Stove 45 Install Refrigerator 46 Replace Range Hood 3 Each 3 Each 3 Each 47 Replace Light 5 Each Replace GFI 48 Receptacle 5 Each 49 Bath 50 Replace Lavatory 51 Replace Lav. Faucet 52 Replace Vanity 53 Replace Vanity w/sink & faucet 54 Replace W.C. 55 Replace W.C. Tank 56 Replace Toilet Seat 57 Replace W.C w/ tank & seat 58 Replace Tub 59 Reglaze Tub 60 Replace Tub Faucet 3 Each 3 Each 3 Each 3 Each 3 Each. 3 Each 3 Each 3 Each 1 Each 5 Each 3 Each Apply SS sink bare cost allowance of $150.00, Apply Faucet bare cost allowance of $150.00, Apply disposer bare cost allowance of $100.00, Apply stove bare cost allowance of $450.00, Apply refrigerator bare cost allowance of $650.00, Apply range hood bare cost allowance of $200.00, Apply Fixture cost allowance of $100.00, Apply Lav. bare cost allowance of $ Apply Faucet bare cost allowance of $ Apply Vanity bare cost allowance of $ Apply Vanity w/ sink & fct, bare cost allowance of $ Apply W.C. bare cost allowance of $ Apply W.C. Tank bare cost allowance of $ Apply Toilet seat bare cost allowance of $ Apply W. C. w/ tank & seat bare cost allowance of $ Apply SS sink bare cost allowance of $ Apply Tub faucet bare cost allowance of $150.00, 14

87 Replace shower head 3 Each Install new single control mixing valve, tub spout, shower riser & head 5 Each Replace Faucet washers 10 Each 64 Replace Exhaust Fan 3 Each 65 Replace Bath Accessories 10 Each 66 Replace Medicine Cab. 3 Each Replace Med. Cab. w/ Light. 3 Each Install new CT on Wall 50 SF 69 Replace CT Wall 70 MECHANICAL SF Replace Radiator valve. 5 Each Replace wall AC condenser 51 Each Replace AC - thru wall 9k btu 51 Each Replace AC window 6kbtu 51 Each Replace HW Baseboard Radiator 1 LF Replace Elect. Baseboard 51 LF 77 Replace waste lines 78 Replace waste lines 79 Replace waste lines 80 ELECTRICAL 81 Replace Light Fixture 5 Each 82 Replace electric branch wire 10 LF Replace receptacle / 20 amp 5 Each 15 Apply shower head bare cost allowance of $50.00, Apply complete fixture system for tub/shower bare cost allowance of $ Apply fan bare cost allowance of $ Apply bath accessories bare cost allowance of $30.00 each. Apply Medicine cabinet bare cost allowance of $105.00, Apply Med. Cabinet w/ light bare cost allowance of $150.00, Apply water heater bare cost allowance of $ Apply fan bare cost allowance of $1, Apply fan bare cost allowance of $ LF PVC 1' to 2 " lines. 10 LF Cu 1 to 2 " lines. 10 LF PVC 1' to 2 lines. Apply fixture unit bare cost allowance of $

88 84 Replace light switch 5 Each Replace 3-way light 85 switch 5 Each 86 Replace SD, Battery 5 Each 87 Replace SD, Hardwired 5 Each Hardwired w/ Battery back-up 88 Replace CO Detector, Hardwired 5 Each Hardwired w/ Battery back-up 89 Replace Heat Detector, Hardwired 5 Each Hardwired w/ Battery back-up 90 Hardwired w/ Battery back-up Provide SD, and allow 15 LF wiring the Hardwired 5 Each system Provide CO Detector, Hardwired Provide Heat Detector, Hardwired Replace Circuit Breaker 5 Each 5 Each 15/20 5 Each Replace Circuit Breaker 30 amp 5 Each Total, Low Rise -Table A - Low Rise Hardwired w/ Battery back-up and allow 15 LF wiring the system Hardwired w/ Battery back-up and allow 15 LF wiring the system 16

89 Townhouses - Unit cost Pricing Sheet Item # Task Quantity Unit Unit Material Cost Unit Labor Cost Total Cost Remarks A B C D E F G H 1 GENERAL 2 Replace Window Aluminum 3 4 Replace Window Vinyl 5 Each 5 Each Replace window screen 5 Each Full unit Apply Al. window bare cost allowance of $350.00, average 32' wide. Apply Vinyl window bare cost allowance of $250.00, average 32" wide. 5 Repair Window 5 Each Apply labor allowance of 1 hr. 6 Repair window screen 5 Each Mesh/screen only 7 Replace interior Door Apply door bare cost allowance of $100.00, 5 Each average 30" door. 8 Apply frame bare cost Replace interior Door allowance of $50.00, average Frames 5 Each 30" door. 9 Replace interior Lockset 5 Each 10 Repair Door 11 Replace Door Trim 12 Replace wood trim 13 Replace wood Trim 14 Replace Wood Trim Apply lockset bare cost allowance of $25.00, 5 Each Apply labor allowance of 1 hr. 50 LF Wood LF Wood 7/8 30 LF Wood 1 1 7/8 30 LF Wood Replace VCT 50 SF 16 Replace Vinyl Floor Cove Base 50 LF 17 Replace Wall stud Use 2"x4" wood stud, 50 Each average 8' ht. 18 Replace / Spackle Wall ready for paint 50 SF Gypsum board only 19 Replace / spackle ceiling, ready to paint 50 SF Gypsum board only 17

90 Spackle wall, ready for paint 50 SF Gypsum board only Spackle ceiling, ready for paint 50 SF Gypsum board only Repair / Patch Wall ready for paint 50 SF Plaster wall Repair / Patch Ceiling ready for paint 50 SF Plaster Ceiling 24 Paint Wall 25 Paint Ceiling 26 Paint Door & Frame 27 Replace closet Door & Frame Replace closet Bifold Door/Frame Replace Closet Shelving 10 LF 29 ENTRY 100 SF Eggshell or Semi gloss 100 SF Ceiling Paint 5 Each Semi gloss / Gloss Apply door bare cost allowance of $125.00, 5 Each average 24" door. Apply door bare cost allowance of $125.00, 51 Each average 60" door. 30 Replace Entry Door Apply Door & Frame bare & frame 5 Each cost allowance of $ Repair Entry Door / frame 5 Each Apply labor allowance 1 hr. 32 Replace Screen Door Apply screen Door bare cost 1 Each allowance of $ Repair Screen Door 34 Replace Lockset 35 KITCHEN 36 Replace Base Cabinets 37 Replace Countertop Each Apply labor allowance 1 hr. Apply lockset bare cost 5 Each allowance of $ Each 10 LF Replace Wall Cabinets 5 Each Replace Cabinet Shelving 10 LF Replace Cabinet wood Trim 10 LF 18 Apply cabinet bare cost allowance of $250.00, average 24" wide cabinet Apply counter top material bare cost allowance of $ Apply cabinet bare cost allowance of $350.00, average 24" wide cabinet

91 40 Replace Shelving support clips 20 PCS. 41 Replace Sink Bowl 3 Each 42 Replace Sink Faucet 3 Each Replace Garbage 43 Disposal 3 Each 44 Install Stove 45 Install Refrigerator 46 Replace Range Hood 3 Each 3 Each 3 Each 47 Replace Light 5 Each Replace GFI 48 Receptacle 5 Each 49 Bath 50 Replace Lavatory 51 Replace Lav. Faucet 52 Replace Vanity 53 Replace Vanity w/sink & faucet 54 Replace W.C. 55 Replace W.C. Tank 56 Replace Toilet Seat 57 Replace W.C w/ tank & seat 58 Replace Tub 59 Re-glaze Tub 60 Replace Tub Faucet 61 Replace shower head 3 Each 3 Each 3 Each 3 Each 3 Each. 3 Each 3 Each 3 Each 1 Each 5 Each 3 Each 3 Each Apply SS sink bare cost allowance of $150.00, Apply Faucet bare cost allowance of $150.00, Apply disposer bare cost allowance of $100.00, Apply stove bare cost allowance of $450.00, Apply refrigerator bare cost allowance of $650.00, Apply range hood bare cost allowance of $200.00, Apply Fixture cost allowance of $100.00, Apply Lav. bare cost allowance of $ Apply Faucet bare cost allowance of $ Apply Vanity bare cost allowance of $ Apply Vanity w/ sink & fct, bare cost allowance of $ Apply W.C. bare cost allowance of $ Apply W.C. Tank bare cost allowance of $ Apply Toilet seat bare cost allowance of $ Apply W. C. w/ tank & seat bare cost allowance of $ Apply SS sink bare cost allowance of $ Apply Tub faucet bare cost allowance of $150.00, Apply shower head bare cost allowance of $50.00, 19

92 62 63 Install new single control mixing valve, tub spout, shower riser & head 5 Each Replace Faucet washers 10 Each 64 Replace Exhaust Fan 3 Each 65 Replace Bath Accessories 10 Each 66 Replace Medicine Cab. 3 Each Replace Med. Cab. w/ Light. 3 Each Install new CT on Wall 50 SF 69 Replace CT Wall 70 MECHANICAL SF Apply complete fixture system for tub/shower bare cost allowance of $ Apply fan bare cost allowance of $ Apply bath accessories bare cost allowance of $30.00 each. Apply Medicine cabinet bare cost allowance of $ Apply Med. Cabinet w/ light bare cost allowance of $150.00, Replace water heater Gas 5 Each Apply water heater bare cost allowance of $ Replace water heater Apply fan bare cost Elect 5 Each allowance of $ Replace furnace Apply fan bare cost GFA 5 Each allowance of $1, Replace furnace Apply fan bare cost Elect 5 Each allowance of $1, Replace AC condenser 5 Each Replace AC thru Apply fan bare cost wall 9k btu 5 Each allowance of $1, Replace AC Apply fan bare cost window 6kbtu 5 Each allowance of $ Replace HW Baseboard Radiator 5 LF Replace Elect. Baseboard 5 LF Replace water supply lines 10 LF Cu 1/2' to 3/4" lines. 79 Replace waste lines 79 Replace waste lines 10 LF Cu 1' to 2 1/2" lines. PVC 1' to 2 1/2" lines. 10 LF 20

93 80 ELECTRICAL 81 Replace Light Fixture 1 Each 82 Replace electric branch wire 10 LF Replace receptacle / 20 amp 1 Each 84 Replace light switch 1 Each Replace 3-way light 85 switch 5 Each Apply fixture unit bare cost allowance of $ Replace SD, Battery 5 Each 87 Replace SD, Hardwired 5 Each Hardwired w/ Battery back-up 88 Replace CO Detector, Hardwired 5 Each Hardwired w/ Battery back-up 89 Replace Heat Detector, Hardwired 5 Each Hardwired w/ Battery back-up 90 Hardwired w/ Battery back-up Provide SD, and allow 15 LF wiring the Hardwired 5 Each system Provide CO Detector, Hardwired Provide Heat Detector, Hardwired Replace Circuit Breaker 5 Each 5 Each 15/20 5 Each Replace Circuit Breaker 30 amp 5 Each Total, Low Rise -Table B - Hardwired w/ Battery back-up and allow 15 LF wiring the system Hardwired w/ Battery back-up and allow 15 LF wiring the system Abbreviations: VCT - Vinyl Composite Tile GFI - Ground Fault Interrupter Device GFA - Gas Forced Air AC - Air conditioner SD-Smoke Detector CO-CO-Carbon Monoxide HW - Hot Water SF - Square Foot LF-Linier Foot CT - Ceramic Tile SD Smoke Detector SF Square Foot 1. Refer to NHA ATO specifications for additional requirements and instructions. 2. All payment shall be based on specified scope or task item multiplied by the corresponding unit cost. 3. Minimum Quantity If quantity for Floor and wall replacement or Repairs and finishes is less than 5 SF or LF, a minimum quantity of 5 SF or LF for the task fwill be considered for payment. 4. Replacement cost of any task should include all miscellaneous material, labor, and tools to 100% complete the task. 5. All plumbing fixture replacement should include replacement of new flex and trap connections and all necessary caulking. 21

94 SUMMARY SHEET LABOR AND MATERIAL COST PROPOSAL 1 $25,000 x % of Average Material Markup hrs x **$ / hr. Carpenter hrs x **$ / hr. Mechanical (Plumber) hrs x **$ / hr. Laborer hrs x **$ / hr. Electrician 6 TOTAL -Table C **Labor Rate: Use Total Built Up (Regular) hourly Rate for Journeyman only. NOTE: The quantities indicated in the above cost proposal tables Do not represent actual quantities or any proportionality of different types of anticipated work. 22

95 Signature Name Title Date Witness Newark Housing Authority 500 Broad Street Newark, NJ B2163/2 VACANT APARTMENT TURNOVER GENERAL CONTRACTOR SERVICES The undersigned Bidder agrees to perform any and all function called for in the General Scope of services and General conditions for the aforementioned contract. 1. Total from Low Rise, Table A $ 2. Total from High Rise, Table B $ 3. Total from Family, Table C $ 4. Total from Labor & Material, Table D $ TOTAL FOR EVALUATED BASE BID: **$ (Totals of Tables A + B + C + D ) Amount in words (Enter amount, item 4 in both words and figures, in case of discrepancy the amount shown in word will govern) **The amount shown is not to be considered as a Lump Sum Base Bid, but will be used as a guide to determine and select the lowest qualified Bidder. NHA reserve the right to negotiate and choose the lowest bidder in any one of the category (Low, Riser, High Riser or Townhouses) regardless of the lowest **total amount, and award multiple contracts with multiple contractors. Note: The attention of Bidders is particularly called to the fact that, unless the bid is made in strict conformity with the directions given, it will be considered non-responsive and may be rejected. 23

96 PART III SECTION 2 BID BOND/CONSENT OF SURETY 24

97 BID BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, (Name of Principal) as PRINCIPAL, and (Name of Surety) as SURETY, are held and firmly bound unto the HOUSING AUTHORITY OF THE CITY OF NEWARK, hereinafter called the "AUTHORITY", in the penal sum of ten percent (10%) of the BID not to exceed Dollars, Lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying bid, dated, 2007, for. NOW, THEREFORE, if the principal shall not withdraw said bid within the period specified therein after the opening of the same, or, if no period specified, within sixty (60) days after the said opening, and shall within the period specified therefore, or, if no period specified, within ten (10) days after the prescribed forms are presented to him for signature, enter into a written contract with the Contractor in accordance with the bid as accepted, and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract, or in the event of the withdrawal of said bid within the period specified, or the failure to enter into such contract and give such bond within the time specified, if the Principal shall pay the Authority the difference between the amount specified in said bid bond and the amount for which the Authority may procure the required work or supplies or both, if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several seals this day of, 2007, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. 25

98 BID BOND ATTEST: (Corporate Principal) (Business Address) BY: Affix Corporate Seal ATTEST: (Corporate Surety) BY: persons signing for Surety Company must be attached to bond). Affix Corporate Seal (Power of Attorney for CERTIFICATE AS TO CORPORATE SEAL I., certify that I am the of the Corporation named as, who signed the said bond on behalf of the Principal, was then of said corporation; that I know his signature and his signature thereto is genuine, and that said bond was duly signed, sealed and attested to, for and in behalf of said corporation by authority of its governing body. (Corporate Seal) 26

99 CONSENT OF SURETY We, the undersigned,, a corporation organized and existing under the laws of the State of and authorized to do business in the State of New Jersey with offices at do hereby consent and agree with HOUSING AUTHORITY OF THE CITY OF NEWARK that if the foregoing bid of for be accepted and the contract be timely awarded and executed by we will, upon its being awarded and entered into, become surety for the said in a sum not to exceed dollars ($ ) for the faithful performance of said contract. Signed, sealed and dated this day of, Surety Attorney-in-Fact 27

100 PART III SECTION 3 NON-COLLUSIVE AFFIDAVIT 28

101 AFFIDAVIT OF NON-COLLUSION STATE OF : : SS COUNTY OF : The undersigned, being duly sworn according to law, deposes and says: 1. that, as the party making the foregoing Bid, that such Bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived, or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not, in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to fix the bid price of affiant or of any other bidder, or to fix any overhead, profit or cost element of said bid price, or of that of any other bidder, or to secure any advantages against the Newark Housing Authority, or any person interested in the proposed contract; and that all statements in said Bid are true. 2. The bidder further certifies that he/she has not been convicted or found liable for any act prohibited by state or federal law involving conspiracy or collusion with respect to proposing or bidding on any public contract within the last three years. Such act or conviction does not automatically disqualify a bidder, but may be grounds for administrative suspension or grounds for consideration by NHA as to whether NHA should decline to award a contract to such a bidder on the basis of a lack of responsibility. If bidder has been convicted of any act prohibited by state or federal law involving collusion with respect to proposing or bidding on any public contract within the past three years, bidder should attach an explanation of the circumstances surrounding that conviction. Sworn to and subscribed before me this Firm Name day of Name Notary Public My Commission Expires Title Signature of Bidder 29

102 PART III SECTION 4 STATEMENT OF BIDDER S QUALIFICATIONS 30

103 STATEMENT OF BIDDER'S QUALIFICATIONS NAME OF BIDDER: BIDDER'S ADDRESS: I. If a corporation, answer the following: a. Date of Incorporation: b. State of Incorporation _ c. President's Name: d. Vice President's Name: _ II. If an individual or partnership, answer the following: a. Date of Organization: b. Name(s) and address(es) of Individual/Partners: III. State background and experience of principals and key personnel. It is necessary that the bidder present evidence that he is a general contractor and that he has been in business for at least five years, satisfactorily completing similar projects. In addition, he shall submit evidence that his company has the necessary equipment and resources to carry out this scope of work. 1. How many years has your organization been in business performing the type of work required under this contract? 31

104 2. What equipment do you own that is available and is intended to be used on this project? Provide a description of type, size, capacity and condition of this equipment. 3. State general character of work performed by your company. 4. We normally perform % of the work with our own forces. 5. Have you ever failed to complete or defaulted on any work awarded to you? If so, state circumstances. 6. Has any officer/partner of your organization ever been an officer/partner of any organization that failed to complete a construction contract? If so, state name of individual, organization and reason thereof. 7. List any outstanding liens against your company. _ 8. Explain in what manner you have inspected site(s). 32

105 9. Name of the supervisor proposed for this work. 10. List past and current contracts and amounts performed over the last 5 years. 11. List trade references: _ 12. List bank references: Credit available. Amount: $ Will you, upon request, submit a detailed financial statement and furnish any other information required by the Housing Authority of the City of Newark? Yes ( ). No ( ). 13. Have you entered into contracts or received firm offers for materials required for preparing your bid? Yes ( ). No ( ). 33

106 FINANCIAL STATEMENT DATE: NAME OF FIRM CURRENT ASSETS: Cash $ Joint Venture Accounts $ Accounts Receivable $ Notes Receivable $ Accrued Interest on Notes $ Deposits $ Material and Prepaid Expense $ FIXED ASSETS NET: Total Current Assets $ $ OTHER ASSETS: $ TOTAL ASSETS: $ CURRENT LIABILITIES: Accounts Payable $ Notes Payable $ Accrued Interest on Notes $ Provisions for Taxes $ Accrued Salaries $ Payroll Taxes $ Other $ Total Current Liabilities $ OTHER LIABILITIES: $ CAPITAL: Capital Stock $ Authorized and Outstanding $ Shares, Par Value $ Earned Surplus $ TOTAL LIABILITIES AND CAPITAL $ The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the NEWARK HOUSING AUTHORITY in verification of the recitals comprising this Statement of Bidder's Qualifications.

107 (Company Name) (Signature) (Title) (Date) ****************************************************************************** AFFIDAVIT State of New Jersey ) )SS: County of ) (Name), being duly sworn, deposes and says that he is (Title) of (Company) and that the answers to the forgoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of, 20. Signature My commission expires, 20.

108 PART III SECTION 5 STOCKHOLDER DISCLOSURE CERTIFICATION

109 STOCKHOLDER DISCLOSURE CERTIFICATION This Statement Shall Be Included with Bid Submission Name of Business I certify that the list below contains the names and home addresses of all stockholders holding 10% or more of the issued and outstanding stock of the undersigned. OR I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned. Check the box that represents the type of business organization: Pa rtnership Co rporation So le Proprietorship Limited Partnership Limited Liability Corporation Limited Liability Partnership Su bchapter S Corporation Sign and notarize the form below, and, if necessary, complete the stockholder list below. Stockholders: Name: Home Address: Name: Home Address: Name: Home Address: Name: Home Address: Name: Home Address: Name: Home Address: Subscribed and sworn before me this day of, 2. (Notary Public) My Commission expires: (Affiant) (Print name & title of affiant) (Corporate Seal)

110 PART III SECTION 6 STATEMENT OF COMPLIANCE - WAGES

111 STATEMENT OF COMPLIANCE - WAGES This is to certify that all persons employed by the undersigned will be paid full weekly wages earned, less permissible deductions for income taxes, Social Security, etc., and that no rebates have been or will be made either directly or indirectly to the undersigned from the full weekly wages earned by any person in its employ, and further that all employees will be paid as defined in Regulations, Part 3 (29 CFR) issued by the Secretary of Labor under the Copeland Act, as amended (43 Stat. 948, 63 Stat. 108, 72 Stat. 967; U.S.C. 276), and described on said payroll; that said payroll is correct and complete; that the wage rates contained in said payroll for laborers and mechanics pursuant to the contract under which such work was performed; and that the classification set forth for each laborer or mechanic conforms with the work he performed. SIGNATURE TITLE

112 PART III SECTION 7 AFFIRMATIVE ACTION DOCUMENTS AFFIRMATIVE ACTION COMPLIANCE NOTICE

113 AFFIRMATIVE ACTION PROGRAM 1. GENERAL STATEMENT. All Contractors and Vendors working for, providing services, or supplying products to the Newark Housing Authority shall be required to meet the conditions and provisions, herein, which are incorporated into and made part of each contract(s) and subcontract(s). The Newark Housing Authority (hereinafter referred to as "Authority" or NHA) will review bids from all Contractors to determine whether the bidder has met the requirements of the Affirmative Action Program. Compliance will be monitored through the Authority's Affirmative Action Officer. The Affirmative Action Officer, representing the Authority, will receive all documents submitted by bidders before the award of any contract(s) and assess these documents to determine whether the bidder has met the requirements of Equal Opportunity and Affirmative Action. 2. PREAMBLE. The failure, historically, to employ, and provide opportunities for minority entrepreneurs to do business on an equitable basis has resulted in the necessity for the development of an Affirmative Action Program aimed at insuring that equal opportunities are afforded to all, regardless of sex, race, color, age, religion, or national origin. Contractors, therefore, are required to comply with the regulations set forth in the Affirmative Action Plan that shall be a part of all bid prerequisites in order to satisfy the equal employment opportunity policy. The term "he" used in these specifications shall also be interpreted to include female respondents. 3. DEFINITIONS. For the purpose of bids and contracts: A. MINORITY means Black or African-American, Hispanic, Asian, or Pacific Islander, American Indian or Alaskan native. 4. CONTRACTOR'S OBLIGATION. By submitting a bid, the contractor certifies that he will comply with the requirements of this plan and shall make this Affirmative Action Program a part of his project specifications. In addition, to be a responsive bidder, the contractor/bidder must submit the statements included herewith that sets forth the minimum Affirmative Action requirements of the Newark Housing Authority. At a minimum, the contractor (and/or relevant subcontractors) shall submit with his bid the following documentation explicated in detail below upon bidding for any particular materials, supplies or services: A. Certificate of compliance (narrative) B. Affidavit of MBE Participation C. Good faith in use of Section 3 business concern The contractor shall not discriminate against employees and applicants for employment on the grounds of union membership, or because of race, color, religion, sex, or national origin. The contractor/bidder (or relevant subcontractor) must also submit a signed narrative NHA "Statement of Compliance" with the Affirmative Action requirements pursuant to this document as well as all Federal, State, Municipal and Executive Order mandates.

114 5. SUBCONTRACTORS. Each prime contractor is responsible for the performance of his subcontractors for the implementation of the Affirmative Action Program during the performance of the contract. Whenever the contractor subcontracts a portion of services or materials, the subcontract shall bind the subcontractor to the obligations contained herein to the same extent as if he were the contractor. NOTE: Contractor will not be paid any additional amount for minority participation or subcontractors.

115 STATEMENT OF COMPLIANCE BY ALL CONTRACTORS AFFIRMATIVE ACTION PLAN The employment policies and practices of the (YOUR COMPANY S NAME) are to recruit and to hire employees without discrimination because of race, creed, color or national origin, ancestry, marital status, political affiliation, liability for service in the armed forces of the United States, or physical/mental handicap (except to the extent that such disability prevents the applicant from performing the tasks related to his/her occupation profession office or craft) and to treat them equally with respect to compensation and opportunities for advancement, including upgrading, promotion and transfer. This company submits this plan to assure compliance with the Executive Order NO and subsequent orders sand more specifically the Housing Authority of the City of Newark s Affirmative Action Plan that may pertain to this program and to reaffirm its continued commitment to a program of equal employment opportunity and merit employment policies. It agrees to assert leadership within the community and to put forth the maximum effort to achieve full employment and utilization of the capabilities and productivity to all who apply for employment on an equal basis. This company further recognizes that the effective application of a policy of merit employment involves more than a policy statement and will, therefore, undertake a program of affirmative action to make known that equal employment opportunities are available on the basis of individual merit to all persons seeking employment and to strive for advancement on this basis. PRESIDENT/DIRECTOR YOUR COMPANY S NAME JOB SITE ADDRESS

116 DESIGNATION OF COMPLIANCE OFFICER/ EQUAL EMPLOYMENT OPPORTUNITY YOUR COMPANY Street/Avenue Town, New Jersey ATTENTION: ALL EMPLOYEES (Mr./Ms. J Doe) has been appointed the Affirmative Action Compliance Officer, under the direct supervision of (YOUR COMPANY's DIRECTOR/PRESIDENT), for the (NAME OF YOUR COMPANY). He/she will handle all complaints which allege discrimination because of race, creed, color or national origin ancestry. Marital status, political affiliation, liability for service in the armed forces of the United States, or physical/mental handicap (except to the extent that such disability prevents the applicant from performing the tasks related to his/her occupation, office, profession or craft. He/she will also handle all compliance situations relative to the Housing Authority of the City of Newark's Affirmative Action Program. This company has pledged to abide by the provisions of the Civil Rights Act of 1964 and the current Executive Order relating to Equal Employment Opportunity. (Mr./Ms. J Doe) can be reached by telephone at (PHONE NUMBER). His/Her office address is a (Town, New Jersey). PRESIDENT/DIRECTOR SITE USE COMPANY LETTERHEAD

117 AFFIDAVIT OF MINORITY BUSINESS/HUD SEC 3 ENTERPRISE PARTICIPATION State of: County of: being first sworn states: That I am (a partner, officer, or owner, etc. of the bidder) the party making the foregoing proposal or bid and that said party will comply with the requirements of the HUD Section 3 and Minority Business Enterprise Participation Programs of the Housing Authority of the City of Newark as provided in Section 21 of the Special Conditions and in furtherance thereof the party agrees to obtain at least 30% of the goods and services to be provided under this proposal or bid from qualified HUD Section 3 and minority business enterprises and that if awarded a contract the bidder intends to acquire the stated percentages of goods and service to be supplied hereunder as hereafter described from the following HUD Section 3/ minority business enterprise: HUD SECTION 3/MBE PERCENT OF BID PRODUCT OF SERVICE (Address and Phone Number) (or dollar value) (Use additional sheets if space is insufficient) I understand that nothing herein obligates the Housing Authority of the City of Newark to approve of said HUD Section 3 and Minority Business Enterprise as a supplier or subcontractor for the good or services stated and that the Authority may require this firm to substitute other suppliers or subcontractors in place of those specified. In addition, I understand that nothing herein gives any HUD Section 3 or Minority Business Enterprise an enforceable right against the Housing Authority of the City of Newark. Sworn and Subscribed before me this day of, 20. TITLE

118 AFFIRMATIVE ACTION COMPLIANCE NOTICE N.J.S.A. 10:5-31 and N.J.A.C. 17:27 GOODS AND SERVICES CONTRACTS (INCLUDING PROFESSIONAL SERVICES) This form is a summary of the successful bidder s requirement to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27. The successful bidder shall submit to the public agency, after notification of award but prior to execution of this contract, one of the following three documents as forms of evidence: (a) A photocopy of a valid letter that the contractor is operating under an existing Federally approved or sanctioned affirmative action program (good for one year from the date of the letter); OR (b) A photocopy of a Certificate of Employee Information Report approval, issued in accordance with N.J.A.C. 17:27-4; OR (c) A photocopy of an Employee Information Report (Form AA302) provided by the Division and distributed to the public agency to be completed by the contractor in accordance with N.J.A.C. 17:27-4. The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) from the contracting unit during normal business hours. The successful vendor(s) must submit the copies of the AA302 Report to the Division of Contract Compliance and Equal Employment Opportunity in Public Contracts (Division). The Public Agency copy is submitted to the public agency, and the vendor copy is retained by the vendor. The undersigned vendor certifies that he/she is aware of the commitment to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27 and agrees to furnish the required forms of evidence. The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if said contractor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27. COMPANY: SIGNATURE: PRINT NAME: TITLE: DATE:

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120 PART III SECTION 8 REPRESENTATIONS, CERTIFICATIONS & OTHER STATEMENTS OF BIDDERS (HUD 5369A)

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124 PART III SECTION 9 PREVIOUS PARTICIPATION CERTIFICATION (HUD 2350)

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129 PART III SECTION 10 REFERENCES

130 REFERENCE AND PAST PERFORMANCE SHEET (Reproduce as required) List services rendered by your firm equal to or exceeding the scope of this bid and which are DIRECTLY related to the services required in this bid. Minimum of three references required. 1. Name and address of Company for which services were rendered: 2. Location of work: 3. Scope of Work: Year of completion: 4. Contact Person: Phone & Fax Nos.: 5. Cost of Project: Seclected Contractor may be required to present additional references for the N.H. A. Evaluation Committee. N.H.A. Reviewer: Date Reviewed: Page 1 of 1

131 PART III SECTION 11 SUB-CONTRACTOR INFORMATION

132 BID DOCUMENT BID NO. SUB-CONTRACTOR CERTIFICATION All subcontractors designated by the bidder shall be capable of doing the work and must have adequate financial resources and experience to perform the work specified. Information regarding the work experience of the designated subcontractor shall also be provided with the bid. Specifically the bidder shall include a listing of all relevant jobs performed by the subcontractor within the past two (2) years. (IF USING MORE THAN ONE SUB-CONTRACTOR DUPLICATE THIS FORM AS NEEDED) Please print the following information legibly. NOTE: Provide this information on additional sheets, as required, in accordance with the following format: Trade: State License No. Subcontractor Name Contract Amount ($ ) Scope of Work Address City/State/Zip Code/Telephone No. How many years has subcontractor been engaged in this particular field? years. Provide a list of the relevant contracts (company/firm) completed by subcontractors within the last two years. 1. Company Name Telephone Completion Date Address Contact Person

133 BID DOCUMENT BID NO. 07-B2163/2 SUB-CONTRACTOR CERTIFICATION (Cont.) 2. Company Name Telephone Completion Date Address Contact Person 3. Company Name Telephone Completion Date Address Contact Person The Bidder will be using Sub-Contractor(s) for this project. Total number Sub-Contractors to be used The Bidder will not use Sub-Contractor(s) for this project. VOLUNTARY BID EXTENSION: (Check one) Bidder agrees to extend its bid for an additional sixty [60] days for a total of one hundred twenty [120] days. Bidder does not agree to extend its bid for an additional sixty [60] days for a total of one hundred twenty [120] days. NAME PRINTED OR TYPED SIGNATURE TITLE DATE

134 PART III SECTION 12 ACKNOWLEDGMENT OF ADDENDUM(S) AND/OR CLARIFICATION(S)

135 ACKNOWLEDGMENT OF RECEIPT OF ADDENDA The undersigned Bidder hereby acknowledges receipt of the following Addenda: Addendum Number Dated Acknowledge Receipt (initial) No Addenda were received: Acknowledged for : (Name of Bidder) By: (Signature of Authorized Representative) Name: Title: Date:

136 PART III SECTION 13 BUSINESS REGISTRATION CERTIFICATE

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