CDBG Tree Planting.pdf

NOTICE TO BIDDERS

Sealed bid proposals will be received, opened and read in public by the Purchasing Agent at

280 Grove Street, First Floor, Room 116, Jersey City, New Jersey 07302 at 11:00 a.m. on

May 8, 2025.

Prevailing time, or as soon thereafter as the matter can be reached, for the:

CDBG CITY-WIDE TREE PLANTING

Questions by prospective bidders concerning this bid must be done on-line at https://www.bidnetdirect.com/new-jersey/cityofjerseycity.

Contract Documents, Specifications, and Bid Forms may be downloaded by going on-line to https://www.bidnetdirect.com/new-jersey/cityofjerseycity. Bid Plans/Drawings (if any) may be obtained at the Office of the Director of Purchasing, 280 Grove Street, First Floor, Room

116, Jersey City, New Jersey 07302, (201)547-5155 or (201)547-5221.

Prospective bidders must download bid specifications and all addenda from https://www.bidnetdirect.com/new-jersey/cityofjerseycity. Failure to download bid specifications and acknowledge receipt of addenda shall result in bid rejection.

Bidders are required to comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C.

17:27. Full requirements of the Equal Employment Opportunity and Affirmative Action Programs are incorporated herein by reference and may be obtained with Proposal Form. Bidders are also required to comply with the requirements of P.L. 2004, c.57 (N.J.S.A. 52:32-44) which includes the requirement that contractors provide copies of their Business Registration Certificates issued by the New Jersey Department of the Treasury, as well as other provisions as listed in the Contract

Documents.

Proposals MUST BE ACCOMPANIED by a Bid Bond or Certified Check, made payable to the

City of Jersey City, in an amount equal to Ten (10%) percent of the Bid not to exceed $20,000.00.

ONLINE BID RECEPTIONS/PURCHASING LOCKBOX

All bids and proposals must be delivered ONLY to the dedicated lockbox in the Division

Purchasing, 280 Grove Street, 1st Floor, Room 116, Jersey City, NJ 07302 prior to the bid reception.

All bid receptions are held virtually as video conferences with public access. Link to the online bid receptions appear on the City of Jersey City website at:

https://www.jerseycitynj.gov/cityhall/finance/purchasing/publiccontracts/bid_openings https://www.bidnetdirect.com/new-jersey/cityofjerseycity https://www.jerseycitynj.gov/cityhall/finance/purchasing/publiccontracts/bid_openings

Bids may be sent by U.S. certified mail return receipt requested, or may be sent by private courier service to the dedicated lock box located at the City Hall, Division of Purchasing, 280 Grove Street, First Floor, Room 116, Jersey City, New Jersey 07302. ATTENTION:

Raquel Tosado, Director of Purchasing, QPA.

Proposals forwarded by facsimile or e-mail will not be accepted. Bids sent by mail or courier service must be received by the Purchasing Agent no later than 4:00 P.M. on the last City business day before the day of the bid reception or no later than 11:00 A.M. on the day of the bid reception. Office hours Monday thru Friday 9:00 am to 4:00pm. The City shall not be responsible for the loss, non-delivery or physical condition of bids sent by mail or courier service. Bids must be submitted individually in a sealed envelope addressed to the Purchasing

Agent. Bid proposals must comply with specifications. Any Bid Proposal received after the date and time specified will be returned, unopened, to the bidder.

The Purchasing Agent reserves the right to reject any and all bids received, or portions thereof, if deemed to be in the best interest of the City to do so.

Raquel Tosado, Director of Purchasing, QPA

Insert dates:

April 7, 9, 14, 16, 21, and 23, 2025

DEPARTMENT OF INFRASTRUCTURE

DIVISION OF SUSTAINABILLITY

BID SPECIFICATIONS FOR:

CDBG TREE PLANTING

SUBMISSION DEADLINE:

5/8/25, AT 11:00 A.M.

DELIVER ALL PROPOSALS TO THE DEDICATED LOCKBOX

& ADDRESS TO:

Raquel Tosado, Director, QPA

Division of Purchasing

280 Grove Street, 1st Floor, Room 116

Jersey City, NJ 07302

INFORMATION TO BIDDERS

1. CONTRACT DOCUMENTS:

The contract consists of the following document

Information to Bidder

General Conditions

Technical Specifications

Any Addenda Issued Prior to the Bid Reception

Bid Proposal

Bid Documents

With the exception of addenda, the above documents are bound herein and comprise the contract booklet.

Throughout the Contract Document, the term City shall mean the City of Jersey City, the term Bidder, shall mean a party submitting a bid in response to the City's Notice to Bidders. The term Supplier shall mean the lowest responsible Bidder awarded a contract by the City.

Notice to Bidders shall mean the published newspaper advertisement soliciting bids.

Bid shall mean the completed Bid Proposal with attached executed bid documents, bound in the Contract Book.

Supplier or Contractor shall mean the Bidder that is awarded a contract by the City.

Business Registration Certificate issued by the state of New Jersey Department of Treasury pursuant to

P.L. 2004, c. 57

Cash allowance shall mean a sum included in the contract that covers items under Auxiliary Materials in the

Technical Specifications and materials not embraced in the Technical Specifications.

2. INTENT OF CONTRACT:

Under this contract, the bidder shall furnish all materials, equipment, and tools in strict accordance with the contract. The intent of the Contract is to obtain material satisfactory to the City. It shall be understood that the

Bidder has satisfied himself as to the full requirements of the Contract and has based his Bid Proposal upon such understanding.

3. FAMILIARITY WITH WORK:

It is the obligation of the Bidder to fully read and examine the Contract Documents to consider fully all other matters which can in any way affect the work under the Contract, and he/she agrees to this obligation in the signing of the Contract. The City assumes no responsibility whatsoever with respect to ascertaining for the Bidder such facts concerning physical characteristics at the delivery site(s), etc. The Bidder agrees that he/she will make no claim for additional payment or any other concession because of any misinterpretation or misunderstanding of the Contract, on his/her part, or of any failure to fully acquaint himself/herself with all conditions relating to the

Contract.

4. INTERPRETATIONS OR ADDENDA:

Should a Bidder find discrepancies or omissions from the Contract Documents or should he/she be in doubt as to their meaning, he/she should at once notify the Purchasing Agent via BidnetDirect.com. No oral interpretation will be made to any Bidder as to the meaning of the Contract Documents or any part thereof. Every request for such interpretation shall be in writing and to be given consideration, must be received at least seven (7) calendar days prior to the date fixed for the opening of bids, to allow the Purchasing Agent to issue an Addendum prior to the date fixed for the opening of the bids. Any and all such interpretations and any supplemental instructions or addition of items will be in the form of written addenda to the contract which, if issued, will be mailed by registered mail with return receipt requested to all prospective Bidders (at the respective addresses furnished for such purpose). All addendum so issued shall become part of the Contract Documents and shall be read immediately prior to the opening of the bids by the City's Purchasing Agent who shall give Each Bidder or his/her representative presents an opportunity to withdraw his/her bid before any bids are opened. Any objection arising out of the addendum subsequent to the opening of bids will not be considered. Failure of any Bidder to receive any such addendum or interpretation or to attend the reading of the bids shall not relieve such Bidder from any obligation under his/her bid as submitted, including such addendum. The City will not be responsible for any other explanations or interpretations of the contract documents.

5. SUBMITTING BID:

Each Bid must be submitted on the prescribed Bid Proposal form, which shall not be removed from the Contract

Book. All entries must be in ink or typewritten. Bidders shall submit their Bid in sealed envelopes. On the outside of the envelope shall be stated the name and address of the Bidder and the name of the work as shown in the

Notice to Bidders.

When the Bid is made by an individual his/her mailing address shall be stated and he/she shall sign the Bid when made by a firm or partnership its name and address shall be stated, and the Bid shall be signed by one or more of the partners when made by a corporation, its name and principal Post Office Address shall be stated and the Bid shall be signed by an authorized official of the Corporation, with Corporate Seal affixed. Signatures shall be notarized in all cases.

Bids sent by mail must be delivered to the dedicate lockbox or received by the Director no later than 4:00 p.m. of the last City business day before the day of the bid reception. The City shall not be responsible for the loss, non-delivery or physical condition of the bid sent by mail or courier service. Bid must be submitted individually in a sealed envelope addressed to the Director of Purchasing. Bid proposals must comply with the specifications in the Notice to Bidders, bids will be opened and read aloud via MS TEAMS on the date, place, and time set and stated in the notice to bidders.

6. BID DOCUMENTS:

The Bid Documents to be included in the sealed envelope with the Proposal shall include but not be limited to the following:

* 1. Certificate of Experience of General Contractor

* 2. Plant and Equipment Questionnaire for General Contractor

3. Non-Collusion Affidavit

* 4. Statement of Ownership Disclosure

5. Disclosure of Investment Activities in Iran

* 6. Bid Guarantee

7. Equality Information on Substituted Items

8. Exhibit B: Mandatory Equal Employment Opportunity Language for Construction Contracts

9. Supplier Diversity Bidder Questionnaire

10. Certificate of Contractor's Registration issued by the State of N.J. Department of Labor pursuant to

L.l999, c. 238

11. Business Registration Certificate issued by the State of New Jersey Department of the Treasury Pursuant of P.L. 2004, c. 57

*12. Written acknowledgment of addendum (if issued)

*13. Supplier’s Qualification Statement

Failure to include the bid documents listed immediately above that are marked with an asterisk (*) shall result in automatic rejection of the bid at the time of the bid reception.

7. BID GUARANTEE:

Each bid shall be accompanied by a Certified Check, Cashier's Check or Bid Bond in the amount of not less than

10% of the total amount bid in the Bid Proposal, but the Certified Check, Cashier's Check or Bid Bond or any combination thereof shall not exceed $20,000.00. No cash will be accepted. This Certified Check, Cashier's

Check or Bid Bond is offered as evidence of good faith and as a guarantee that, if awarded the contract, the

Bidder shall execute the Contract.

The Bidder's bond is offered as a guarantee, made by a surety company qualified and authorized to do business in the State of New Jersey and must be signed by an officer or agent of the surety company authorized to execute bid bonds on behalf of the surety company. Included with the bid bond must be such documents which indicate that the officer or agent is authorized to execute the bid bond. If a certified check is offered as a guarantee, it shall be made payable to the City of Jersey City.

8. WITHDRAWAL OF BID:

A Bid, after having been submitted, may be withdrawn by the Bidder on a given Contract prior to the opening of any bid for that Contract.

N.J.S.A. 40A:11-23.3 authorizes a Bidder to request the withdrawal of a public bid due to a mistake on the part of the bidder. A mistake is defined by N.J.S.A. 40A:11-2(42) as a clerical error that is an unintentional and substantial computational error or an unintentional omission of a substantial quantity of labor, material or both, from the final bid computation.

A Bidder claiming a mistake under N.J.S.A.40A:11-23.3 must submit a request for withdrawal, in writing, by certified or registered mail to: Raquel Tosado, Purchasing Agent, Division of Purchasing, 280 Grove Street, 1st

Floor, Room 116, Jersey City, New Jersey 07302. The Bidder must withdraw a bid due to a mistake, as defined by law, within five business days after the receipt and opening of the bids. Since the bid withdrawal request shall be effective as of the postmark, the Purchasing Agent may contact all Bidders, after bids are opened, to ascertain if any Bidders wish to, or already have exercised a request to withdraw their bid pursuant to N.J.S.A. 40A:11-23.3.

A Bidder's request to withdraw the bid shall contain evidence, including any pertinent documents, demonstrating that a mistake was made. Such documents and relevant written information shall be reviewed and evaluated by the public owner's designated staff pursuant to the statutory criteria of N.J.S.A. 40A:11-23.3.

The City will not consider any written request for a bid withdrawal for a mistake, as defined by N.J.S.A.

40A:11-2(42), by the Bidder in the preparation of a bid proposal unless the postmark of the certified or registered mailing is within five business days following the opening of bids.

9. CAUSES FOR REJECTION:

Bids from Bidders who are found to be unqualified and Bids not accompanied by all required and properly completed bid proposals and bid documents shall be rejected. In addition, causes for rejection of Bids may include, but not be limited to the following:

A. if prices are obviously unbalanced, B. if received from Bidders who previously performed work in an unsatisfactory manner, C. if the Purchasing Agent, at his/her sole discretion, deems it advisable to do so in the best interest of the

City of Jersey City, D. if conditions, limitations or provisions are attached by a Bidder to his/her Bid, if Proposals are otherwise irregular or if the enclosed or accompanying documents are not completed and properly executed.

E. if the Bidder does not own sufficient or satisfactory equipment to perform the work

10. RETURN OF BID GUARANTEES:

The Bid Guarantees of all except the apparent three (3) lowest responsible Bidders for the Contract will be returned within ten (10) working days after the opening of bids. The returned bids of such Bidders will be considered as officially withdrawn. Within three (3) working days after awarding the contract, the bid guarantees of the remaining unsuccessful Bidders will be returned.

Upon execution of the contract by the successful Bidder, and the receipt of the certificate of insurance, the bid guarantee of the lowest Bidder will be returned.

No interest will be paid on any form of bid guarantee.

11. AWARD OF CONTRACT:

The Contract, if awarded, will be awarded to the lowest responsible, qualified Bidder whose Bid complies with the requirements as stated herein. Bids may be rejected where the prices as bid are obviously unreasonable.

Award of the contract will be announced by the Municipal Council of the City of Jersey City.

12. BID FOR UNIT PRICES CONTRACT:

The Bidder shall state on the Bid Proposal form, the price per unit of measure for each scheduled item, and the total price for the performance of the entire contract, as determined by multiplying each estimated quantity by the price per unit, and adding together the resulting amount

The City will make the Contract award on a lump sum basis. For the purpose of comparison of bids received, the

Grand Total Price stated in the Bid Proposal will be considered the amount bid for the contract and award will be made to the lowest responsible Bidder. Any Bid Proposals not containing prices for all items will be rejected. If the Grand Total Price is found to have been incorrectly computed, change will be made in any and all unit prices so as to attain conformity with the Grand Total Price before award is made.

The Purchasing Agent may consider informal any Bids not prepared and made in accordance with the provisions stated herein and may waive or reject any or all bids. Bids containing any conditions, omissions, unexplained erasure or alterations, or items not called for in the Bid Proposal, or irregularities of any kind may be rejected by the City.

The Municipal Council will either award the Contract or reject all Bids received within sixty (60) days after the formal opening of Bids. The award of contract will be a notice in writing signed by the Purchasing Agent.

13. TIME FOR EXECUTING CONTRACT & LIQUIDATED DAMAGES FOR FAILURE TO ENTER

INTO CONTRACT:

Any Bidder whose Bid is accepted will be required to execute four (4) copies of the Contract and furnish satisfactory insurance certificates to the City of Jersey City within ten (10) days after notice of acceptance.

The successful Bidder, upon his failure or refusal to execute and deliver the signed contract and certificate of insurance within the required time shall forfeit the certified check, cashier's check or bid bond to the City as liquidated damages for such failure or refusal.

The damages to the City of Jersey City for breach as above provided include the loss from interference with its construction program and other items whose accurate amount will be difficult or impossible to compute. The amount of the Bid Guarantee accompanying the bid of such Bidder shall be retained by the City of Jersey City, not as a penalty, but as liquidated damages for such breach. In the event any Bidder whose bid has been accepted shall fail, refuse or resist to execute the contract as hereinbefore provided, the Municipal Council at its option, may determine that such Bidder has abandoned the Contract and thereupon his/her bid and the acceptance thereof shall be null and void, and the City shall be entitled to liquidated damages as above provided.

The rights and obligations provided for in the Contract shall become effective and binding upon the parties only with its formal execution by the City of Jersey City. Any materials delivered prior to said execution of contract shall be at the Bidder's risk.

14. CERTIFICATE OF INSURANCE:

The Supplier shall also supply to the City, at the time the Contract is signed by the Supplier, a Certificate of

Insurance in such amounts as described elsewhere in these Contract Documents, which will be maintained by the

Supplier during the life of the contract. The City of Jersey City shall be named as an additional insured on

Certificate.

15. ESTIMATED QUANTITIES AND UNIT

The Unit Price bid in each of the items included in the Bid Proposal shall cover all costs of whatever nature, incidental to that item. In explanation but not in limitation thereof, these costs shall include the cost of all work, labor, material, equipment, transportation and all else necessary to execute the Contract, and all incidental expenses in connection therewith, including all costs on account of loss by damage or destruction encountered for settlement of damages, and including all cost for replacement of defective materials.

The Estimate of material quantities specified is approximate only and is given solely to be used as a uniform basis for comparison of bids. The minimum quantity for any item shall be zero (0). The maximum quantity shall be as stated in the Bid Proposal for each item.

Should the final quantity be less than the maximum quantity stated in the Bid Proposal for any item, the Supplier shall have no claim for loss incurred by him/her for commitments made by him/her in anticipation of the work contemplated, or for loss of anticipated profits, or for work done prior to his/her having been authorized to proceed therewith.

16. CHANGES – EXTRA WORK:

The City, through the Department of Public Works Director or representative, may at any time desire changes in either the quantity or the quality of materials to be performed or furnished. These changes may be such as to either increase quantities specified or may call for extra materials not contemplated in the original “Schedule of

Prices" in the Bid Proposal.

When the extra material(s) is of a kind not embraced in the Bid Proposal, the Supplier shall be furnished a written order signed by the Department of Public Works Director and approved by the Municipal Council. Said order shall state the extra material to be supplied and the amount to be paid therefore.

The price stated in this written order representing the same to be added to the contract amount shall be determined as follows:

1) By such applicable unit prices, if any, as are set forth in the contract: or

2) If no such unit prices are set forth, then by a unit price mutually agreed upon by the City and the Supplier;

or

3) If no such unit prices are so set forth, and if the parties cannot agree upon a unit price, then no conditions of this contract shall prevent the City from seeking Bid proposals from other suppliers.

Under no circumstances shall the Supplier perform work in excess of the quantities delineated in the Bid Proposal without a written Change Order issued by the Department of Public Works Director or representative after receiving the approval of the Municipal Council. The City shall not be liable for any claims for work performed outside the Contract amounts unless so authorized by a written Change Order.

It is understood and agreed to by the Supplier that any delays necessary to institute a Change Order, resolved by the City Council will not be a basis for claims for additional compensation.

17. SUBSTITUTIONS:

Each Bidder represents that his/her Bid is based upon the materials and equipment described in the contract documents. Where materials are specified by a trade name or manufacturer's model or catalog number, the named product shall be construed to read: "or equivalent". If a Bidder substitutes any material other than those named in the contract documents, such material shall be equivalent in all respects to the named products specified. The burden of submitting adequate information to prove the equivalency of substituted materials shall be the responsibility of the Supplier. All information necessary to prove equivalency of substituted materials must be included with the Bid submitted at the bid reception. Proposed substitutions shall satisfy all design conditions including performance and physical properties which will be reviewed prior to approving the substitute; physical dimensions, pattern, colors, weight effect on other trades, availability, cost, performance and test data guarantee and other properties.

Where a Bidder substitutes material, he/she shall submit two samples of materials specified and two samples of material considered by the Bidder to be an equivalent, along with technical information on each. Where a Bidder's information on a product is insufficient to determine "equivalency", laboratory tests will be required. A private laboratory will be selected by the Purchase Agent to conduct the test, the cost of which will be paid by the Bidder regardless of the test result. The Bidder shall substantiate in writing by economic analysis, that items offered as equivalents will cause no addition in maintenance, fuel or utility cost over the items shown or specified and have an equal life expectancy. If after review of all submitted material, the substitution is deemed not an equivalent, the bid will be rejected.

All materials, equipment and assemblies shall be accompanied by manufacturer's instructions pertaining to installation, use and maintenance as applicable, so as to be suitable for the intended purpose or service in the proposed methods of construction. All materials shall be used in strict accordance with manufacturer's instruction, which will include instructions for appropriate reconditioning of existing or previously applied materials in a manner that will provide conditions to ensure satisfactory completed work.

18. RESPONSIBILITY FOR MATERIALS:

The Supplier assumes full responsibility for materials and equipment supplied and agrees to make no claim against the City of Jersey City for damages to such materials and equipment from any cause whatsoever, until its final acceptance. The provisions of the foregoing paragraph shall not be a waiver of the Supplier's guarantee to replace defective work and materials during the maintenance period after date of acceptance. The Supplier shall make good all material damaged or destroyed before the final acceptance, the cost thereof shall be included in the prices bid for the various items scheduled in the Bid Proposal.

19. LAWS ORDINANCES & REGULATIONS:

The Supplier must secure all insurances, licenses and pay any inspection in accordance with provisions as set forth in laws, ordinances, and regulations by all governmental agencies affecting the work at his/her own expense.

The Supplier shall be solely responsible for any damage resulting from his/her neglect to obey all laws, regulations, rules, and ordinances. Ignorance regarding such requirements shall in no way serve to modify the provisions of the contract. The Supplier shall keep fully informed of all Federal and State laws, all local laws, ordinances, safety codes, regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed in his/her service, or which in any way affect his/her service. He/She shall at all times observe and comply with all such laws, ordinances, safety code, regulations, order, or decree, whether by himself/herself or his/her employees.

20. PROVISIONS REQUIRED BY LAW DEEMED INSERTED:

Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein and if, through mistake or otherwise any such provision is not inserted or is not correctly inserted, then upon the application of either party, the contract shall forthwith be physically amended to make such insertion.

21. INSURANCE:

Certificates of General Liability and Workmen's Compensation Insurance satisfactory to the City shall be filed with the City at the time the contract is signed.

The Supplier shall not commence work under the Contract or under any special condition until he/she has obtained all insurance as required under the following sub-paragraphs, and until such insurances have been approved by the City.

The Supplier shall take out and maintain, during the life of this Contract, Workmen's Compensation Insurance for all his/her employees or any other persons involved in the execution of this contract. The Supplier shall obtain and keep in force during the term of the Contract, General Liability and Property Damage Insurance with companies and in a form to be approved by the City. Said insurance shall provide coverage to the Supplier, any subcontractor performing work provided by this Contract, and the City. The City of Jersey City, its officers, agents, servants, and employees as their interest may appear, shall be named as an additional insured on said policy insofar as the work and obligations performed under the Contract are concerned. The coverage so provided shall protect against claims for personal injuries, including accidental death, as well as claims for property damages, which may arise from any act or omission of the City, the Supplier or the subcontractor or by anyone directly or indirectly employed by either of them.

The minimum policy limits of such insurance shall be as follows:

A. General Liability on an occurrence form with project -specific limits of no less than $1,000,000 per occurrence and $2,000,000 in aggregate and including coverage for products & completed operations.

Evidence of EXCU coverage should be addressed in the certificate of insurance.

B. Automobile Liability in the amount of $1,000,000 combined single limit, for bodily injury and property damage, covering all owned, non-owned and/or hired automobiles used in the course of the project and/or contact work. Also, required are Endorsements MCS-90 and CA-9948 Pollution Liability – broadened coverage for covered autos.

C. Workers' Compensation coverage with NJ statutory limits and Employer's Liability in the amount of

$1,000,000.

D. Excess Liability coverage on a follow-form basis and coverage terms at least as broad as the underlying policies with limits of no less than $1,000,000 per occurrence and in aggregate (any combination of primary and excess liability limits may be used to achieve the total $2,000,000 per occurrence limit).

Excess Liability coverage to include all of the following as underlying- General Liability, Auto Liability, and Employee's Liability.

E. Contractors Errors & Omissions covering as insured the Contractor with not less than $2,000,000.00 limit of liability per occurrence and in aggregate.

F. Contractor must maintain Errors & Omissions, with coverage retroactive to the earlier of the date of the

Agreement or the date of a Notice-to-Proceed.

G. Notice of Change

Each and every insurance policy required by the terms of this Contract shall carry endorsement to the effect that the insurance company will give at least thirty (30) days’ notice to the City of any modification or cancellation of any policy or policies.

22. INDEMNITY:

The Supplier agrees to save the City of Jersey City, its officers, agents, servants, and employees as their interest may appear, harmless from all loss or damage occasioned to it or to any third person or property by reason of any carelessness or negligence on the part of the City, the Supplier, agents, and employees in the performance of the

Contract and will, after reasonable notice thereof, defend and pay the expense of defending any suit which may be commenced against the City of Jersey City, its officers, agents, servants and employees as their interests may appear, by any third person alleging injury by reason of such carelessness or negligence, and will pay any judgement which may be obtained against the City of Jersey City, its officers, agents, servants and employees as their interests may appear, in such suit.

The cost of such indemnification shall be included in the prices bid for the various scheduled items in the

Proposal. So much money due to the Supplier under and by virtue of the Contract as shall be considered necessary by the City, may be retained by the City and held until such suits, actions, claims or amounts shall have been settled and suitable evidence to that effect furnished to the City.

23. PREVAILING RATE OF WAGES ON PUBLIC CONTRACTS:

The attention of all bidders is specifically called to the fact that wage rates determined by the Commissioner of

Labor and industry in accordance with the provisions of Chapter 150 of the Laws of 1963, commonly known as the Prevailing Wage Act, shall be required to be paid for all services performed under this contract.

Nothing in this act however shall prohibit the payment of more than the prevailing wage rate to any workmen employed on a public works project. The Supplier shall keep an accurate record showing the name, trade and actual hourly rate of wages paid to each workman employed by him in connection with a public works contract and such records shall be preserved for two (2) years from date of payment. The record shall be open at all reasonable hours to the inspection of the public body awarding the contract and to the commissioner.

The State of New Jersey Department of Labor and Industry prevailing wage rates are made a part of this Contract for performance of the work described.

24. CITY OF JERSEY CITY LOBBYIST DISCLOSURE ORDINANCE

The contract will be awarded in accordance with the provisions of the City's Disclosure of Lobbyist

Representative Status Ordinance §3-9.1 et seq. adopted on June 12, 2002. The Contractor will be required to certify that the Contractor either did not retain the services of a lobbyist to lobby on behalf of the Contractor for the award of this contract, or if a lobbyist was retained by the Contractor for such proposes, the Contractor's lobbyist, prior to commencing his /her lobbying activities, shall have filed a notice of lobbyist representative status form with the City Clerk. A Contractor whose lobbyist failed to comply with the provisions of Ordinance

§3-9.1 et seq. following notice and an opportunity to be heard, shall be disqualified from entering into contracts with the City for a period of two (2) years for each violation.

25. DAVID-BACON AND RELATED ACTS

The Contractor agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-

Bacon Act of 1931, as amended; the provisions of the Contract Work Hours and Safety Standards Act (40 U.S.C.

327 et seq.), and all other applicable Federal, State, and Local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Contractor agrees to comply with the

Copeland Anti-Kickback Act (18 U.S.C. 874 et seq.) and it’s implementing regulations of the U.S. Department of

Labor at 29 CFR Part 5. The Contractor shall maintain documentation that demonstrates compliance with hours and wage requirements of this Part. Such documentation shall be made available to the Grantee for review upon request.

The Contractor agrees that, except with respect to rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000 for construction, renovation or repair work financed in whole or in part with the assistance provided under this contract, shall comply with Federal requirements adopted by the Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5, and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Contractor of its obligation, if any, to require payments of the higher wage. The Contractor shall cause or require to be inserted in full, in all such contracts subject to such regulations and provisions meeting the requirements of this paragraph.

The regulations in 24 CFR part 70 apply to the use of volunteers.

26. SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968/ EQUAL OPPORTUNITY

In accordance with 24 CFR §570.607, Contractor shall comply with the provisions of Section 3 of the Housing and

Urban Development Act of 1968 (12 U.S.C. §1701u) and its implementing regulations contained in 24 CFR Part 75

(formerly 24 CFR Part 135) regarding economic opportunities for low income persons and the use of local businesses, if applicable. Contractor shall also keep records demonstrating compliance with these regulations, including 24 CFR §570.506(g)(5).

The Contractor agrees that in planning, and carrying out the project described in Section 1 of Attachment "A", to the greatest extent feasible:

• Training and employment opportunities will be given to low- and moderate-income persons residing in the municipality of Jersey City; and

• Contracts for work in connection with the project will be awarded to eligible business concerns which are in or owned in a substantial part by persons residing in Jersey City.

The Contractor shall insert, or require the insertion of, the following clause in all contracts and subcontracts for work financed in whole or in part with assistance provided under this Agreement:

The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of

Section 3 of the Housing and Urban Development Act of 1968, as amended (12 USC 1701 U). Section 3 requests that to the greatest extent feasible opportunities for training and employment be given to lower-income residents of the project area and contracts for work in connection with the project be awarded to businesses located in, or owned in substantial part by persons residing in, the project area. The contractor agrees to make a good faith effort to fulfill these requirements, to document this effort, and to provide copies of such documentation to the City with each request for payment.

27. BUILD AMERICA, BUY AMAERICA DOMESTIC PROCUREMENT PREFERENCE

As appropriate and to the extent consistent with law, the Contractor should, to the greatest extent practicable under a

Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all contracts and purchase orders for work or products under this award.

The Contractor must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301, and all applicable rules and notices, as may be amended, if applicable to the project. Pursuant to HUD’s Notice, “Public Interest Phased Implementation Waiver for FY 2022 and 2025 of Build America, Buy America Provisions as

Applied to Recipients of HUD Federal Financial Assistance” (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver.

For CDBG, the implementation schedule is as follows:

• Iron and Steel for CDBG funds obligated on or after November 15, 2022,

• Specifically listed construction materials (non-ferrous metals; lumber; composite building materials; and plastic and polymer-based pipe and tube) for CDBG funds obligated on or after FY2025

• Not specifically listed construction materials start for CDBG funds obligated on or after FY2025

• Manufactured products start for CDBG funds obligated on or after FY2025

Additionally, BABA requirements do not apply to infrastructure projects whose total cost is equal to or less than the current Simplified Acquisition Threshold of $250,000 or if the construction material in question is a De Minimis portion of an infrastructure project, meaning a cumulative total of no more than 5 percent of the total cost of the iron, steel, manufactured products, and construction materials, up to a maximum of $1 million.

GENERAL CONDITIONS

GC-1 PUBLIC SAFETY AND CONVENIENCE:

The Supplier shall conduct his work with the least possible obstruction to traffic. The convenience of the public and of the residents adjacent to a delivery site, along with the protection of persons and property, are of first importance and shall be provided for by the Supplier in an adequate and satisfactory manner. Fire hydrants shall be kept accessible.

Trucks hauling materials shall have tight tail gates and shall be loaded with adequate freeboard of not less than three (3) inches without precarious cones or piles of material.

The Supplier shall conduct his/her operations in such a manner as to provide maximum safety for all employees and the public as well. He/She shall comply promptly with such safety regulations as may be prescribed by the

City, to properly correct any unsafe conditions created by or unsafe practices on part of his/her employees. In the event of the Supplier's failure to comply, the City may take the necessary measures to correct the conditions or practices and all costs thereof will be deducted from any monies due the Supplier. Failure of the City to direct the correction of unsafe conditions or practices shall not relieve the Supplier of his responsibility herein.

GC-2 ACCIDENT PREVENTION:

Precaution shall be exercised at all times for the protection of persons and property. The safety provisions of applicable laws, and the rules and regulations of U.S. Occupational Safety & Health Administration (OSHA), shall be observed.

Nothing in the foregoing paragraphs shall be construed as relieving the Contractor from full responsibility for safe prosecution of the contract at all times.

GC-3 PROPERTY DAMAGE:

The Supplier shall protect all property, monuments, trees, existing structures, utilities and work of any kind against damage or interruption of service which may be caused by execution of this contract. Damage, injury, loss, or interruption of service resulting from the failure to do so shall be repaired or restored promptly by the

Supplier at his/her own expense.

The Supplier shall not enter on or make use of private property in the prosecution of the contract unless written permission there for is secured in duplicate, from the owner, one copy of which shall be filed with the City.

He/She shall promptly restore or repair, without cost to the City and in a manner satisfactory to its owner, property damaged or destroyed by his operations. Special attention shall be given to the protection of existing landscape features and vegetation.

GC-4 PATENTS:

The Supplier shall hold and save the City of Jersey City, its officers, and employees, harmless from liability of any nature or kind, including costs and expenses, for, or on account of, any patented or unpatented invention, process, article, or appliance manufactured or used in the performance of the Contract, including its use by the City, unless otherwise specifically stipulated in the Technical Specifications.

GC-5 MATERIALS:

All materials, tools and equipment supplied shall be new, except where reclaimed materials are indicated, and shall be furnished by the Supplier, and shall be approved by the City. Request for approval of materials shall state the proposed source.

Materials not satisfactory shall be replaced by the Supplier without expense to the City. The Supplier shall comply with provisions of the N.J.S.A 52:33-2 requiring that preference be given to the use of domestic materials.

Materials specified by reference to the number or symbol of a specific standard, such as an A.S.T.M. Standard, a

Federal Specification or other similar standard shall comply with requirements in the latest revision thereof and any amendment or supplement thereto in effect on the date of the Invitation for Bids, except as limited to type, class or grade, or modified in such reference. The standards referred to, except as modified in the Technical

Specifications shall have full force and effect as though printed therein.

GC-6 SAMPLES, CERTIFICATES AND TESTS:

The Supplier shall submit all material or equipment samples, certificates, affidavits, etc., as called for in the

Contract Documents or upon request of the City. No such material or equipment shall be manufactured or delivered, except at the Supplier's own risk, until the required samples or certificates have been approved in writing by the City.

Approval of any materials shall be general only and shall not constitute a waiver of the City's right to demand full compliance with Contract requirements. After actual deliveries, the City will have such check tests made as deemed necessary in each instance and may reject materials and equipment and accessories for cause, even though such materials and articles have been given general approval.

GC-7 INSPECTION:

The City shall have the right to inspect all materials furnished, including the preparation, fabrication and manufacture in mill, plant, shop and field of the materials to be supplied, and may assign an Inspector or other authorized representatives for this purpose. The Contractor shall provide all facilities necessary for such inspection and shall furnish or cause to be furnished to the said Inspector or other authorized representative safe access at all times to the places where preparations, fabrication or manufacture of materials are in progress, as well as such information and assistance as may be required to make a complete and detailed inspection. The City may undertake the inspection of materials at the source.

GC-8 CONTRACTOR'S TITLE TO MATERIALS:

No materials shall be purchased by the Supplier subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. The Supplier warrants that he/she has good title to all materials and supplied by him, free from all liens, claims or encumbrances.

GC-9 ASSIGNMENT OR NOVATION:

The Contractor shall not assign or transfer, whether by an assignment or novation, any of its rights, duties, benefits, obligations, liabilities, or responsibilities under this Contract without the written consent of the City, provided, however, that assignments to banks, trust companies, or other financial institutions may be made without the consent of the City. If consent is given, the Supplier will be permitted to assign a portion of the contract, but shall retain not less than eighty percent (80%) of the original contract amount, except that any items designated in the contract as "specialty items" may be assigned and the cost of any such specialty items so supplied by others may be deducted from the original contract amount before computing the amount of the contract required to be supplied by the Supplier. No assignments shall relieve the Supplier of his liability under the contract. No assignment, approval of an assignment, or any other action shall create any contractual relation between assignee and the City of Jersey City. The Supplier shall be liable and responsible for any action or lack of action of an assignee. Supplier and assignee shall be charged with all direct, imputed or presumed knowledge the others might possess.

No assignment or novation of this Contract shall be valid unless the assignment or novation expressly provides that the assignment of any of the Supplier's rights or benefits under the Contract is subject to a prior lien for performed services rendered, and materials, tools, and equipment supplied under this Contract in favor of all persons, firms, or corporations rendering such materials, tools, or equipment.

GC-10 ORDERING AND DELIVERY OF MATERIALS:

The City shall have the right to place orders of whatever quantity and combination of items required.

Furthermore, the number of orders over the life of the contract shall not be limited in any way, except that the

Supplier shall not be required to deliver an order under a total cost of one hundred dollars ($100.00) as computed using the unit prices in the Bid Proposal.

Upon award of the contract, the Department of Public Works Director or his representative shall designate in writing the staff members authorized to place an order. Authorization from any other person(s) shall not be honored for payment under this contract. When an order is placed, the Supplier shall be given an order number which must appear on the monthly invoice. Any invoice received without an order number issued by a designated staff member, shall not be honored for payment under this contract.

The Supplier shall give the City of Jersey City preferential service over non-contract customers when filling orders and making deliveries. The Supplier agrees to fill and deliver all orders within twenty-four (24) hours of receiving an order number for those items readily stocked and so marked on the Bid Proposal. For those items not stocked, the Supplier shall deliver such items within the maximum number of business days as marked on the Bid

Proposal for those items. In the event that an order involves a large quantity of stocked material or a combination of stocked and non-stocked, the Supplier agrees to deliver those items stocked within the prescribed time to be followed by the rest of the order within the period indicated in the Bid Proposal.

The contract shall provide for delivery of orders to any site within the limits of the City of Jersey City. The

Supplier shall provide sufficient manpower for first floor deliveries to areas directed by City personnel at the site.

See Technical sections for specific requirements related to each item. All material shall be delivered in their original packaging and shall be unbroken or marred in any way. Material shall be neatly and compactly piled in such a matter as to cause the least inconvenience to the City.

GC-11 DELIVERY HOURS:

Working hours shall be between the hours of 8:00A.M. and 3:30P.M., prevailing time. Working before

8:00A.M. or after 3:30P.M. shall not be permitted except upon authorization by the City designee.

GC-12 PAYMENTS:

The Supplier will be entitled to monthly payments for material supplied in the previous month. Invoices are to be issued on or before the first of each month for approval by the Municipal Council on the fourth Wednesday of the month invoiced. Failure of the City to meet this schedule shall not entitle the Supplier to interest charges, penalties or any other type of escalation of the invoiced amount.

Invoices for payments shall be submitted on the Supplier's standard invoice previously approved by the City's designee. Invoices shall itemize each order based on the categories established in the Bid Proposal and shall highlight the order number provided by the City's designee. In addition, each invoice shall reference the City's purchase order number supplied by the Purchasing Agent at the time of contract award. In addition to the

Supplier's invoice, the Supplier shall execute a Partial Payment Voucher supplied by the City, for each application for payment.

All materials covered by partial payments made shall thereupon become the sole property of the City but this provision shall not be construed as relieving the Supplier from the sole responsibility of all the terms of the

Contract.

The Supplier agrees that he will indemnify and save the City harmless from all claims growing out of the lawful demands of assignees, laborers, workmen, mechanics, materialmen, and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this contract. The Supplier shall, at the City's request, furnish satisfactory evidence that all obligations of the nature herein above designated have been paid, discharged, or waived.