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Atlantic Cape Community College Bid 1881 – Building S Stairwell and Carpet Renovations

BID 1881

Building S Stairwell and Carpet

Renovations Atlantic Cape Community College

5100 Black Horse Pike Mays Landing, NJ 08330

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LEGAL NOTICE TO BIDDERS

Notice is hereby given that sealed bids will be received by Atlantic Cape Community College, Purchasing Department, Room J230, 5100 Black Horse Pike, Mays Landing, NJ 08330, on April 28, 2026 at 11:00 AM EST prevailing time, at which time bids will be publicly opened and read aloud in Room J202.

Atlantic Cape Community College is soliciting bids for the Building S Stairwell and Carpet Renovations to be awarded as two (2) separate trade contracts:

Trade 1: Drywall & Painting

Trade 2: Carpet & Flooring

Bidders may submit bids for one or both trades. Each trade will be evaluated and awarded separately in accordance with New Jersey Community College Contract Law (N.J.S.A.

18A:64A-25 et seq.).

All bids must be submitted in a sealed envelope clearly marked with the bidder’s name and the applicable trade. No electronic submissions will be accepted.

All bidders must comply with the following statutory requirements:

N.J.S.A. 10:5-31 et seq. (Affirmative Action Requirements)

N.J.S.A. 52:25-24.2 (Ownership Disclosure)

N.J.S.A. 52:32-44 (New Jersey Business Registration)

New Jersey Prevailing Wage Act (P.L. 1963, c.150)

Public Works Contractor Registration Act (N.J.S.A. 34:11-56.48 et seq.)

All bids must be submitted in full compliance with the New Jersey Community College Contract Law, N.J.S.A. 18A:64A-25 et seq.

By:

Lindley Thacker Director of Purchasing Atlantic Cape Community College 5100 E Black Horse Pike Mays Landing, NJ, 08330

609-343-5117 - OFFICE

lthacker@atlanticcape.edu mailto:lthacker@atlantic.edu

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INSTRUCTIONS TO BIDDERS

1. BID SUBMISSION

Sealed bids shall be received by Atlantic Cape Community College, Purchasing Department, Room J202, 5100 Black Horse Pike, Mays Landing, NJ 08330, on the April 28, 2026 at 11:00AM EST Prevailing Time specified in the Legal Notice.

All bids must be submitted in a sealed envelope clearly labeled with the bid name and number. No electronic or fax submissions will be accepted.

Late bids will not be accepted and will be returned unopened. It is the bidder’s responsibility to ensure timely delivery of documents.

2. PUBLIC BID OPENING

Bids will be publicly opened and read aloud at 11:00AM EST Prevailing Time at J202, 5100 Black Horse Pike, Mays Landing, NJ 08330. Only the Total Base Bid for each trade contract will be read.

3. BID DOCUMENTS

Bidders are responsible for reviewing all bid documents, specifications, and any issued addenda. Failure to acknowledge addenda may result in rejection of the bid as non-responsive.

4. BID BOND AND SURETY

Each bid must be accompanied by a Bid Bond in the amount of ten percent (10%) of the total bid, not to exceed $20,000, and a Consent of Surety.

Failure to submit required bonding documents may result in bid rejection in accordance with Title 18A.

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5. PERFORMANCE AND PAYMENT BONDS

The successful bidder shall provide:

• Performance Bond (100%)

• Payment Bond (100%) prior to execution of the contract.

6. PREVAILING WAGE

This project is subject to the New Jersey Prevailing Wage Act. All contractors and subcontractors must comply with applicable wage rates and submit certified payroll records.

7. PUBLIC WORKS CONTRACTOR REGISTRATION

All contractors must be registered with the New Jersey Department of Labor Public Works Contractor Registration Program at the time of bid submission.

8. STATUTORY COMPLIANCE

Bidders must comply with all applicable statutes including, but not limited to:

• N.J.S.A. 10:5-31 et seq. (Affirmative Action)

• N.J.S.A. 52:25-24.2 (Ownership Disclosure)

• N.J.S.A. 52:32-44 (Business Registration Certificate)

• New Jersey Community College Contract Law (Title 18A)

Failure to submit required statutory documents may result in bid rejection.

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9. AWARD OF CONTRACT

Contracts will be awarded to the lowest responsible and responsive bidder for each trade contract in accordance with Title 18A.

The College reserves the right to:

• Reject any or all bids in accordance with applicable law

• Waive minor informalities or irregularities in bids that do not affect the competitive bidding process

• Award contracts by individual trade or in the aggregate, as deemed in the best interest of the College

• Act as General Contractor for the project

Failure to submit mandatory statutory documents, including but not limited to Bid Bond, Consent of Surety, Ownership Disclosure, and Affirmative Action documentation shall result in bid rejection as a non-waivable defect.

10. BOARD OF TRUSTEES APPROVAL

All contract awards are subject to approval by the Atlantic Cape Community College Board of Trustees. No contract shall be considered binding, nor shall work commence, until formal approval has been granted by the Board of Trustees with a fully executed contract and/or purchase order has been issued by the College.

11. CONTRACTOR RESPONSIBILITIES

The contractor shall perform all work in accordance with the contract documents and applicable laws.

The contractor shall:

• Furnish all labor, materials, equipment, and supervision necessary to complete the work

• Coordinate with other trades and College operations

• Protect existing conditions and repair any damage caused by its work

• Maintain a safe work environment in compliance with OSHA and applicable regulations

• Comply with the New Jersey Prevailing Wage Act and submit certified payroll

• Obtain all required permits and comply with all applicable laws and codes

• Maintain required insurance and bonding

• Keep the work site clean and remove debris upon completion

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The contractor shall indemnify and hold harmless Atlantic Cape Community College, its Board of Trustees, officers, employees, and agents from any claims arising out of the performance of the work, to the fullest extent permitted by law.

12. ADDENDA

Any addenda issued shall become part of the bid documents and shall be binding upon all bidders.

Bidders are required to acknowledge receipt of all addenda in their bid submission.

Failure to acknowledge addenda may result in the bid being deemed non-responsive where such addenda are determined to be material.

13. INTERPRETATION OF DOCUMENTS

Any questions regarding the bid specifications must be submitted in writing through the Bonfire portal no later than Tuesday, April 21, 2026 at 12:00 PM (EST). No oral interpretations shall be binding.

14. SITE VISIT (OPTIONAL)

An optional site visit is available for prospective bidders to familiarize themselves with the existing conditions and scope of work. Attendance is not mandatory; however, bidders are strongly encouraged to visit the site prior to submitting a bid.

Failure to attend a site visit shall not relieve the contractor of the responsibility to fully understand the conditions under which the work is to be performed. Submission of a bid shall be considered evidence that the bidder has examined the site and is satisfied with all conditions affecting the work.

To schedule a site visit, contact:

Michael Tolson Email: mtolson@atlanticcape.edu Phone: 609-625-1111 ext. 6811

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15. INSURANCE REQUIREMENTS

All insurance shall be provided by carriers authorized to do business in the State of New Jersey and rated A- or better by A.M. Best

1. Commercial General Liability

• Must include premises/operations, independent contractors, products/completed operations, contractual liability

• Minimum Limits:

• $1,000,000 per occurrence

• $2,000,000 general aggregate

• $2,000,000 products/completed operations aggregate

2. Automobile Liability

• Applies to owned, non-owned, hired vehicles

• Minimum Limit:

• $1,000,000 combined single limit

3. Workers’ Compensation & Employer’s Liability

• Workers’ Compensation

• Statutory limits per New Jersey Workers’ Compensation Act (N.J.S.A.

34:15-1 et seq.)

• Employer’s Liability

• $1,000,000 each accident

• $1,000,000 disease (policy limit)

• $1,000,000 disease (each employee)

4. Umbrella/Excess Liability

• Minimum Limit:

• $2,000,000 per occurrence

5. Additional Insured Requirement

• Atlantic Cape Community College, its Board of Trustees, officers, employees, and agents shall be named as Additional Insured on the Commercial General Liability and Automobile Liability policies.

6. Certificate of Insurance

• A Certificate of Insurance must be provided prior to contract award and prior to commencement of work. An example of an acceptable Certificate of Insurance is provided in the Bid Packet.

7. Cancellation/Notice Requirement

• Policies shall not be canceled, materially changed, or non-renewed without at least thirty (30) days written notice to the College.

8. Primary & Non-Contributory

• Contractor’s insurance shall be primary and non-contributory with respect to any insurance maintained by the College.

9. Waiver of Subrogation

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• Contractor shall provide a waiver of subrogation in favor of the College for Workers’ Compensation and General Liability policies.

BID SUBMISSION CHECKLIST

The following items must be submitted with the bid. Failure to include required documents may result in the bid being deemed non-responsive in accordance with New Jersey Community College Contract Law (Title 18A).

� Bid Form � Pricing Sheet (Total Base Bid) � Bid Bond (10% of total bid, not to exceed $20,000) � Consent of Surety � Non-Collusion Affidavit � Affirmative Action Compliance (N.J.S.A. 10:5-31 et seq.)

� Ownership Disclosure Form (N.J.S.A. 52:25-24.2) � Business Registration Certificate (N.J.S.A. 52:32-44) � Public Works Contractor Registration Certificate � Certificate of Insurance* � W-9 Form* � Chapter 33 Pay-to-Play Disclosure (N.J.S.A. 19:44A-20.26 et seq.)

� Disclosure of Investment Activities in Iran (N.J.S.A. 52:32-55 et seq.) * � Disclosure of Investment Activities in Russia/Belarus Certification*

* Required Prior to Contract Award

The College reserves the right to request any missing post-award documentation from the apparent low bidder. Failure to provide such documentation within the time specified may result in rejection of the bid and award to the next lowest responsible bidder.

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SCOPE OF WORK – TRADE #1 DRYWALL & PAINTING

The contractor shall furnish all labor, materials, equipment, and supervision necessary to complete drywall and painting work in the Building S stairwell and associated areas at the Mays Landing Campus.

Work shall include, but is not limited to:

• Demolition and removal of existing stairwell landing ceiling as required

• Furnish and install new drywall in all areas where removed or damaged

• Tape, finish, and prepare all new drywall surfaces for painting

• Repair existing drywall seams and damaged areas within the stairwell

• Spot prime and patch all repaired surfaces

• Paint all stairwell walls and ceilings

• Terminate paint at expansion joints

• Re-install existing access panels (2 total)

• Install cove base (material to be provided by the College unless otherwise specified)

Exclusions:

• Electrical work

• Fire alarm work

• Painting of steel stringers and landings

• Carpet or flooring work

• Permits (unless otherwise specified in bid documents)

General Requirements:

• Work shall be performed during normal working hours unless otherwise approved

• Contractor shall coordinate work with College operations and other trades

• All work shall comply with applicable codes and regulations

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PRICING – TRADE #1 DRYWALL & PAINTING

Bidder Name: ______________________________________

Address: __________________________________________

Phone: ____________________________________________

Email: _____________________________________________

BASE BID

The undersigned agrees to furnish all labor, materials, equipment, supervision, insurance, and all incidental items necessary to complete all work for Trade Contract #1 – Drywall & Painting in strict accordance with the bid specifications and all addenda.

Total Base Bid (Numerical): $________________________

Total Base Bid (Written):

UNIT PRICES (FOR CHANGE ORDERS)

Item Unit Price

Drywall Repair Per SF $______________________

Painting Per SF $______________________

Labor Rate Per Hour $______________________

Change orders shall be permitted only for work within the general scope of the contract in accordance with N.J.S.A. 18A:64A-25.26. The total value of all change orders shall not exceed twenty percent (20%) of the original contract amount.

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CONTRACTOR CERTIFICATION

The undersigned certifies:

• The bid includes all labor, materials, equipment, and supervision required

• The bid complies with all Title 18A public bidding requirements

• The bidder is registered under the NJ Public Works Contractor Registration Act

• The bidder will comply with the NJ Prevailing Wage Act

Signature: ________________________________

Printed Name: _____________________________

Title: ____________________________________

Date: ____________________________________

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SCOPE OF WORK – TRADE #2: CARPET & FLOORING

The contractor shall furnish all labor, materials, equipment, and supervision necessary to remove existing flooring and install new carpet tile and associated materials in designated areas of Building S.

Work shall include, but is not limited to:

• Removal and disposal of existing carpet tile in Room S201

• Furnish and install new carpet tile (Interface / Lima Colors / Poncho or approved equal)

• Install new vinyl cove base

• Patch and repair existing carpet tile in Room S202

• Provide attic stock of materials to the College upon completion

Clarifications / Standards

• Minimum material order quantities shall be included in the base bid

• Lead times shall be accounted for in project scheduling

• All materials must meet or exceed specified standards

• Dumpster to be provided by Vendor

Exclusions:

• Floor preparation beyond minor patching (unless otherwise specified)

• Permits and fees (unless otherwise specified)

• Utility disconnect/reconnect

• Protection of finished work by others

General Requirements:

• Contractor shall verify field conditions prior to installation

• All work shall be performed during normal working hours unless otherwise approved

• Contractor shall coordinate with College for access, utilities, and scheduling

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PRICING – TRADE #2 CARPET & FLOORING

Bidder Name: ______________________________________

Address: __________________________________________

Phone: ____________________________________________

Email: _____________________________________________

BASE BID

The undersigned agrees to furnish all labor, materials, equipment, supervision, insurance, and all incidental items necessary to complete all work for Trade Contract #2 – Carpet & Flooring in strict accordance with the bid specifications and all addenda.

TOTAL BASE BID

Total Base Bid (Numerical): $________________________

Total Base Bid (Written):

UNIT PRICES (FOR CHANGE ORDERS)

Item Unit Price

Carpet Tile Installation Per SF $______________________

Carpet Removal Per SF $______________________

Vinyl Base Installation Per LF $______________________

Floor Preparation Per SF $______________________

Labor Rate Per Hour $______________________

Change orders shall be permitted only for work within the general scope of the contract in accordance with N.J.S.A. 18A:64A-25.26. The total value of all change orders shall not exceed twenty percent (20%) of the original contract amount.

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CONTRACTOR CERTIFICATION

The undersigned certifies:

• The bid includes all labor, materials, equipment, supervision, and incidentals required to complete the work

• The bid is submitted in full compliance with New Jersey Community College Contract Law (Title 18A)

• The contractor is registered under the NJ Public Works Contractor Registration Act

• The contractor will comply with the New Jersey Prevailing Wage Act

• All materials proposed meet or exceed the specifications

Signature: ________________________________

Printed Name: _____________________________

Title: ____________________________________

Date: ____________________________________

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FORM OF BID BOND

WE, THE UNDERSIGNED , a/an

□ Corporation

□ Partnership (check applicable term)

□ Individual as Principal and , as Surety, are held firmly bound unto Atlantic Cape Community College, as Owner, in the penal sum of $ __________________, for the payment of which we hereby jointly and severally bid ourselves, our heirs, executors, administrators, successors and assigns.

THE CONDITION OF THE ABOVE OBLIGATION is such that whereas the Principal has submitted to Atlantic Cape Community College a certain Bid, attached hereto and hereby made apart hereof, to enter into a contract in writing, for the:

BID 1881 BUILDING S STAIRWELL AND CARPET RENOVATIONS

AT THE

MAYS LANDING CAMPUS

Atlantic Cape Community College

5100 Black Horse Pike

Mays Landing, New Jersey 08330

NOW THEREFORE,

(a) If said Bid shall be rejected, or in the alternate,

(b) If said Bid shall be accepted and the Principal shall execute and deliver a contract, properly completed in accordance with said Bid, and shall furnish a bond for the faithful performance of said contract and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension.

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IN WITNESS WHEREOF, the Principal and the Surety have hereunder set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by the proper officers, this

________________day of ______________________, 20_____.

(continued on next page)

ATTEST:

Principal: _____________________________ (L.S.)

Surety: ______________________________ By: ______________________________________

STATE OF )

: SS:

COUNTY OF )

On this __________________ day of __________________________ 20 ___, before me personally came

_______________________________ to me known, who, being by me duly sworn, did dispose and say;

he resides in _________________________________ that he is the ____________________________ of the instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order.

(SEAL)

Notary Public of

My Commission expires

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CONSENT OF SURETY

A performance bond will be required from the successful bidder, including all subcontractors, on this project as N.J.S.A. 18A:64A-25.25 requires, and consequently, all bidders/vendors, including all subcontractors, shall submit, with their bid, a consent of surety in substantially the following form:

To: _______________________________________________ (Owner – Atlantic Cape Community College)

Re: _______________________________________________ (Bidder/Vendor)

(Project Description)

This is to certify that the _________________________________________ will provide to (Surety Company)

_________________________ a performance bond in the full amount of the awarded contract in (Owner) the event that said vendor is awarded a contract for the above project.

(Bidder/Vendor)

(Authorized Agent of Surety Company)

Date: ___________________________

CONSENT OF SURETY MUST BE SIGNED BY AN AUTHORIZED AGENT OR

REPRESENTATIVE OF A SURETY COMPANY AND NOT BY THE INDIVIDUAL OR

COMPANY REPRESENTATIVE SUBMITTING THE BID.

THE CONTRACTOR MAY PROVIDE BONDING ON BEHALF OF THE

SUBCONTRACTORS.

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AFFIDAVIT OF NON-COLLUSION

Name of Project: BID 1881 Building S Stairwell and Carpet Renovations

MAYS LANDING CAMPUS

Atlantic Cape Community College

I, (Name) of the County of (County) and the State of_________________________(State), of full age, being duly sworn according to law, on my oath, depose and say that:

I am _______________________ (Official Position) of the firm of _____________________________________________ (Bidder’s Name), the bidder making the Proposal for the above-named project, and that I executed the said Proposal with full authority to do so.

I, and to the best of my knowledge, the Bidder, and any officer, director, employee or other representative of the bidder, have not, directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above-named project.

All statements contained in said Bid and all Contract Documents and in this affidavit are true and correct, and made with full knowledge that the Board of Trustees of Atlantic Cape Community College relies upon the truth of the statements contained in said Bid and contract documents and in the statements contained in this affidavit in awarding the contract for the said project.

Sworn on behalf of:

Name of Firm (Bidder)

Signature of Official

Subscribed and sworn to me this

_________ day of ___________,20____

______________________________ (name) ____ (Seal)

Notary Public of: ________________

(State)

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AFFIRMATIVE ACTION LANGUAGE: EXHIBIT B and AFFIRMATIVE ACTION ACKNOWLEDGMENT EXHIBIT B: N.J.S.A. 10.5-31 et seq. (P.L. 1975, c127)

N.J.A.C. 17:27-1.1 et seq.

MANDATORY EQUAL OPPORTUNITY LANGUAGE: CONSTRUCTION CONTRACTS

During the performance of this contract, the contractor agrees as follows:

a. 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 and gender identity or expression , the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause.

b. The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex;

c. The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

d. 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.

e. When hiring or scheduling workers in each construction trade, the contractor or subcontractor agrees to make good faith efforts to employ minority and women workers in each construction trade consistent with the targeted employment goal prescribed by N.J.A.C. 17:27-7.2; provided, however, that the Department of LWD, Construction EEO Monitoring Program, may, in its discretion, exempt a contractor or subcontractor from compliance with the good faith procedures prescribed by the

20 | P a g e following provisions, A, B and C, as long as the Department of LWD, Construction EEO Monitoring Program is satisfied that the contractor or subcontractor is employing workers provided by a union which provides evidence, in accordance with standards prescribed by the Department of LWD, Construction EEO Monitoring Program, that its percentage of active "card carrying" members who are minority and women workers is equal to or greater than the targeted employment goal established in accordance with N.J.S.A. 17:27-7.2. The contractor or subcontractor agrees that a good faith effort shall include compliance with the following procedures:

(A) If the contractor or subcontractor has a referral agreement or arrangement with a union for a construction trade, the contractor or subcontractor shall, within three business days of the contract award, seek assurances from the union that it will cooperate with the contractor or subcontractor as it fulfills its affirmative action obligations under this contract and in accordance with the rules promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as supplemented and amended from time to time and the Americans with Disabilities Act. If the contractor or subcontractor is unable to obtain said assurances from the construction trade union, at least five business days prior to the commencement of construction work, the contractor or subcontractor agrees to afford equal employment opportunities minority and women workers directly, consistent with this chapter. If the contractor's or subcontractor's prior experience with a construction trade union, regardless of whether the union has provided said assurances, indicates a significant possibility that the trade union will not refer sufficient minority and women workers consistent with affording equal employment opportunities, as specified in this chapter, the contractor or subcontractor agrees to be prepared to provide such opportunities to minority and women workers directly, consistent with this chapter, by complying with the hiring or scheduling procedures prescribed under (B) below; and the contractor or subcontractor further agrees to take said action immediately if it determines that the union is not referring minority and women workers consistent with the equal employment opportunity goals set forth in this chapter.

(B) If good faith efforts to meet targeted employment goals have not or cannot be met for each construction trade by adhering to the procedures of (A) above, or if the contractor does not have a referral agreement or arrangement with a union for a construction trade, the contractor or subcontractor agrees to take the following actions:

(1) To notify the Public Agency Compliance Officer, the Department of LWD, Construction EEO Monitoring Program, and minority and women referral organizations listed by the Division pursuant to N.J.A.C. 17:27-5.3, of its workforce needs, and request referral of minority and women workers;

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(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 the local construction trade union refer minority and women workers to fill job openings, provided the contractor or subcontractor has a referral agreement or arrangement with a union for the construction trade;

(4) To leave standing requests for additional referral to minority and women workers with the local construction trade union, provided the contractor or subcontractor has a referral agreement or arrangement with a union for the construction trade, the State Training and Employment Service and other approved referral sources in the area;

(5) If it is necessary to lay off some of the workers in a given trade on the construction site, layoffs shall be conducted in compliance with the equal employment opportunity and non-discrimination standards set forth in this regulation, as well as the applicable Federal and State court decisions;

(6) To adhere to the following procedure when minority and women workers apply or are referred to the contractor or subcontractor:

(i) The contractor or subcontractor shall interview the referred minority or women worker.

(ii) If said individuals have never previously received any document or certification signifying a level of qualification lower than that required in order to perform the work of the construction trade, the contractor or subcontractor shall in good faith determine the qualifications of such individuals. The contractor or subcontractor shall hire or schedule those individuals who satisfy appropriate qualification standards in conformity with the equal employment opportunity and non-discrimination principles set forth in this chapter.

However, a contractor or subcontractor shall determine that the individual at least possesses the requisite skills, and experience recognized by a union, apprentice program or a referral agency, provided the referral agency is acceptable to the Department of LWD, Construction EEO Monitoring Program. If necessary, the contractor or subcontractor shall hire or schedule minority and women workers who qualify as trainees pursuant to these rules. All of the requirements, however, are limited by the provisions of (C) below.

(iii) The name of any interested women or minority individual shall be maintained on a waiting list, and shall be considered for employment as described in (i) above, whenever vacancies occur. At the request of the Department of LWD, Construction EEO Monitoring Program, the contractor or subcontractor shall provide evidence of its good faith efforts to employ women and minorities from the list to fill vacancies.

(iv) If, for any reason, said contractor or subcontractor determines that a minority individual or a woman is not qualified or if the individual qualifies as an advanced trainee or apprentice, the contractor or subcontractor shall inform the individual in writing of the reasons for the determination, maintain a copy of the determination in its files, and send a

22 | P a g e copy to the Public Agency Compliance Officer and to the Department of LWD, Construction EEO Monitoring Program.

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

(C) The contractor or subcontractor agrees that nothing contained in (B) above shall preclude the contractor or subcontractor from complying with the union hiring hall or apprenticeship policies in any applicable collective bargaining agreement or union hiring hall arrangement, and, where required by custom or agreement, it shall send journeymen and trainees to the union for referral, or to the apprenticeship program for admission, pursuant to such agreement or arrangement. However, where the practices of a union or apprenticeship program will result in the exclusion of minorities and women or the failure to refer minorities and women consistent with the targeted county employment goal, the contractor or subcontractor shall consider for employment persons referred pursuant to (B) above without regard to such agreement or arrangement; provided further, however, that the contractor or subcontractor shall not be required to employ women and minority advanced trainees and trainees in numbers which result in the employment of advanced trainees and trainees as a percentage of the total workforce for the construction trade, which percentage significantly exceeds the apprentice to journey worker ratio specified in the applicable collective bargaining agreement, or in the absence of a collective bargaining agreement, exceeds the ratio established by practice in the area for said construction trade. Also, the contractor or subcontractor agrees that, in implementing the procedures of the procedures of (B) above, it shall, where applicable, employ minority and women workers residing within the geographical jurisdiction of the union.

After notification of award, but prior to signing a construction contract, the contractor shall submit to the Public Agency Compliance Officer and the Department of LWD, Construction EEO Monitoring Program an initial project workforce report (Form AA

201) electronically provided to the public agency by the Division, through its website, for distribution to and completion by the contractor, in accordance with N.J.A.C. 17:27-

7. The contractor also agrees to submit a copy of the Monthly Project Workforce Report once a month thereafter for the duration of this contract to the Department of LWD, Construction EEO Monitoring Program and to the Public Agency Compliance Officer.

The contractor agrees to cooperate with the public agency in the payment of budgeted funds, as is necessary, for the on-the-job and/or off-the-job programs for outreach and training of minorities and women.

(D) The contractor and its subcontractors shall furnish such reports or other documents to the Department of LWD, Construction EEO Monitoring Program as may be requested by the Department of LWD, Construction EEO Monitoring Program from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish

23 | P a g e such information as may be requested by the Department of LWD, Construction EEO Monitoring Program for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C. 17:27.

Authorized Signature Name of Firm Date