Firehouse 4 Renovation Bid (DPW 611).pdf

RENOVATION OF FIREHOUSE #4 I-1 DPW# 611

CITY OF EAST ORANGE

RENOVATION AND REPAIRS OF FIREHOUSE #4

WITHIN THE CITY OF EAST ORANGE

FIREHOUSE #4

PUBLIC WORKS DEPARTMENT

CONTRACT # 611

Bid Opening

WEDNESDAY, NOVEMBER 24, 2026

AT 11:00 AM

BID can be viewed and shall be submitted electronically via Procurement Portal.

https://vendors.planetbids.com/portal/85923/bo/bo-detail/144949

APPROVED BY:

ELIZABETH A. COLLINS, CPWM

DIRECTOR OF PUBLIC WORKS

RENOVATION OF FIREHOUSE #4 I-2 DPW# 611

INVITATION FOR BID

The City of East Orange is seeking proposals for the following services:

RENOVATION OF FIREHOUSE #4 (DPW #611)

NOTICE: is hereby given that Bid proposals will be received electronically no later than

Tuesday, November 24, 2026 at 11:00 A.M. prevailing local time on the City’s E- Procurement portal at https://vendors.planetbids.com/portal/85923/bo/bo-detail/144949.

Proposals shall be submitted via the City's electronic procurement portal:

https://vendors.planetbids.com/portal/85923/bo/bo-detail/144949. Any proposal received after 11:00

A.M. shall not be accepted. All questions and requests for information must be submitted through the E-Procurement portal. The deadline for posting questions and requests about this Invitation for Bid (IFB) is Thursday, November 12, 2026, at 11:00 A.M. The E-Procurement system will not accept postings after the deadline set for submitting questions.

ONLY ELECTRONIC PROPOSALS SHALL BE ACCEPTED.

Detailed Bid proposal packets and Specifications are available for download on the City of East

Orange e-Procurement portal https://vendors.planetbids.com/portal/85923/bo/bo-detail/144949.

The Proposal Form shall be accompanied by a Proposal Guarantee in the form of Certified Check, Cashier’s Check, or Satisfactory Bid Bond in the amount of 10% (ten percent) of the bid for one year, but not more than $20,000.00. Check or Surety Company Bid Bond shall be made payable to the City of East Orange, NJ. The successful bidder will be required to furnish and purchase order. The Proposal

Form shall also be accompanied by the following properly executed: Non-Collusion Affidavit;

Affirmative Action Affidavit; Statement of Ownership; Bid Proposal Sheet; Business Registration

Certificate; Prohibited Russia-Belarus Activities & Iran Investment Activity; Acknowledgement of

Receipt of Change to Bidder Document; Public Works Contractor Registration Certificate; Statement of Bidders Qualifications; Qualification Affidavit; Acknowledgement and Statement of Organization;

Certification of Bidder’s Status...Debarred Contractors; Insurance Requirements; Construction

Experience Record; Subcontractor Utilization Certification & Bid Document Submission Checklist.

Bidders are required to comply with N.J.S.A. 34-11 – 56.25 regulating wages on Public Works, Affirmative Action, N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 et seq. (Contract Compliance and

Equal Employment Opportunities in Public Contract and N.J.S.A. 52:25-24.2 (Disclosure of

Ownership).

The City Council reserves the right to reject any or all bids due to any defects or for not adhering to the Specifications or for any reason or to waive informalities and accept any bid that in its judgment will be in the best interest of the City of East Orange. The City Council reserves the right to sever and make awards of all or parts of any bids to one or more bidders.

Edward Cho, Q.P.A.

City of East Orange

Timeline

Release Project Date: October 30, 2026

Question Submission Deadline: November 12, 2026, 11:00am

Proposal Submission Deadline: November 24, 2026, 11:00am

RENOVATION OF FIREHOUSE #4 I-3 DPW# 611

SECTION I – INSTRUCTIONS TO BIDDERS

1.1 RECEIPT OF PROPOSALS

Proposals shall be submitted via the City's electronic procurement portal:

https://vendors.planetbids.com/portal/85923/bo/bo-detail/144949 (project number 611). Any proposal received after 11:00 A.M. shall not be accepted. All questions and requests for information must be submitted through the E-Procurement portal. The deadline for posting questions and requests about this IFB is Thursday, November 12, 2026, at 11:00 A.M. The E-Procurement system will not accept postings after the deadline set for submitting questions.

1.2 DOCUMENTS TO BE SUBMITTED IN BID

1. Certified check or cashier’s check in the amount of 10% of the Total Bid for one year, but not more than $20,000.00, payable to Treasurer-City of East Orange; in form approved by the Corporation Counsel.

2. A Consent of Surety in the principal sum of one hundred (100%) percent of the contract amount.

3. Stockholder Disclosure Statement

4. Subcontractor Utilization Certificate

5. Acknowledgement of Receipt of Changes to Bid Document(s)

6. Public Works Contractor Registration Certificate

7. Bid Document Submission Checklist

8. Statement of Bidder’s Qualifications, Experience and Financial Ability

9. Qualification Affidavit

10. Non-Collusion Affidavit

11. Affirmative Action Affidavit

12. Acknowledgement and Statement of Organization

13. Certification of Bidder’s Status on State Treasurer’s List of Debarred Contractors

14. Insurance Requirements and Acknowledgement Form

15. Construction Experience Record

16. Bid Proposal Sheet properly completed.

All of the foregoing shall be submitted in accordance with the detailed instructions hereinafter contained. These documents will be incorporated into, and made a part of, the contract upon execution.

Bid information must be clear and not subject to deletions, erasures or other markings that may create doubt as to its meaning. Failure to accurately complete any of the above mentioned documents may result in the rejection of the Bid or Award. Failure to cause the Bid proposal, Bid Bond, Non-Collusion

Affidavit, or other required forms to be signed by a duly authorized Representative of the Company may result in the rejection of the Bid or Award.

All bidders must comply with PL 1975, Chapter 127 entitled, “An Act Relating to Affirmative Action in Relation to Discrimination in Connection with Certain Public Contracts” and supplementing the

“Laws Against Discrimination” approved April 16, 1945 (PL 1945, Chapter 169, N.J.A.C. 17:27 et seq.) as well as with the requirements of P.L. 1977, Chapter 33 (N.J.S.A. 52:25-24.2 regarding

Disclosure of Stockholders.

1.3 DOCUMENTS TO BE SUBMITTED PRIOR TO CONTRACT AWARD

1. Disclosure of Investments in Iran.

2. Business Registration Certificate.

3. Certification of Non-involvement in Prohibited Activities in Russia or Belarus.

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1.4 SPECIFICATIONS

The word “Specifications” is intended to include all documents related to the “RENOVATION

OF FIREHOUSE #4 WITHIN THE CITY OF EAST ORANGE” Contract. The bidder is referred to section entitled “Scope of Work”, which is made part hereof in the same manner as though fully recited herein. The division of the Specifications into separate parts is merely for convenience and ready reference.

It is intended that all parts of the Specifications including the Plans, Proposals and Contract shall constitute a single document.

1.4.1 CHALLENGES TO SPECIFICATIONS

Bidders are reminded that N.J.S.A. 40A:11-13(c) requires that all challenges to these

Specifications shall be in writing to the City NO LESS THAN FIVE (5) BUSINESS DAYS prior to the opening of the bids. Challenges filed after that time shall be considered void and having no impact on the City or the Award of the Contract.

1.5 PROPOSAL

The Proposal shall be submitted properly and accurately completed in accordance with the form thereof, and shall state the amount of the bid. The Acknowledgement and Affidavit, which is made part of the proposal, must be executed by the President or authorized officer, if the bidder is a

Corporation, or by an Owner or Partner, if the bidder is an individual or a partnership; failure to comply will result in rejection of the Bid or Award. If the proposal is made by an individual, his/her name and complete business address shall be given; if made by a co-partnership or joint venture, the name and complete business address of said co-partnership or joint venture with the name and complete address of each member thereof shall be given; if made a corporation, the president or authorized officer signing the Proposal must be duly authorized, and the proposal shall contain the names of the officers, and complete street address of the principal office, and the name of the State under the laws of which the corporation is chartered. The Seal of the Corporation shall be affixed.

If the bidder is a Corporation of a State other than New Jersey, it must be authorized to do business in this State and submit proof thereof.

1.6 BID DEPOSIT

1.6.1 CERTIFIED OR CASHIER’S CHECK

Should the bidder accompany his Proposal with a certified or cashier’s check, said check shall be in the amount of 10% of the Total Bid for one year, (but not more than $20,000) made payable to

“Treasurer-City of East Orange”. In the event that the Bidder(s) to whom the Contract is awarded fails to enter into the Contract in the manner and within the time required or fails to furnish the required Performance Bond, properly executed within the time provided, the award to him/her shall be annulled and said amount so deposited by him/her with this proposal shall become the property of the City of East Orange as damages as described herein.

1.6.2 BID BOND

Should the Contractor accompany his Proposal with a Bid Bond, said Bid Bond shall be in the amount of 10% of the Total Bid for one year (but not more than $20,000), executed by a responsible Surety (Bonding) company in good financial standing, authorized to do business in the

State of New Jersey, and satisfactory to the Corporation Counsel of the City of East Orange, RENOVATION OF FIREHOUSE #4 I-5 DPW# 611 conditioned upon furnishing the bidder, if awarded the Contract, with a Performance Bond.

Damages will be calculated as described herein.

1.6.3 CALCULATION OF DAMAGES

In no event shall the liability hereunder exceed the sum of $20,000 not including Surety.

In the event the Bidder fails to enter into the Contract, said Bidder shall be liable for the difference in money from the amount of his Bid and the amount for which the City may legally contract with another party to perform the work, if the latter amount be in excess of the former; in no event shall the liability hereunder exceed the sum of $20,000 not including

Surety.

1.6.4 CONSENT OF SURETY

All Bidders shall submit, with their bid, a “Consent of Surety” as required by N.J.S.A. 40A-11:22 in the principal sum of one hundred (100%) percent of the contract amount.

1.7 RETURN OF BID DEPOSIT

After bids have been opened, bid security shall be returned to those bidders whose individual and cumulative bids are not among the three lowest responsible bids within ten (10) business days. The said bid security to be held will be returned upon the signing of the Contract and the delivery of the Performance Bond as herein provided.

Within three (3) days, Sundays and Holidays excepted, after the awarding and signing of the

Contract and the approval of the Contractor’s Performance Bond by the Corporation Counsel, the bid security of the remaining unsuccessful bidders shall be returned to them.

1.8 AMOUNT OF PERFORMANCE BOND

The Contractor shall provide a one year Performance Bond in the principal sum of one hundred

(100%) percent of the awarded price, including all accepted bids, meeting the specifications required by N.J.S.A 40A:11-22, issued by an insurance company of good financial standing and licensed to do business in the State of New Jersey.

1.8.1 DETAILS CONCERNING BIDS

No bids shall be considered which are presented before or after the public call period for receiving bids. Bids shall be enclosed in sealed envelopes bearing on the outside the name and complete address of the bidder and marked “RENOVATION OF FIREHOUSE #4 WITHIN THE

CITY OF EAST ORANGE”. Bids shall be submitted only on the form of Proposal prepared by the City. The City reserves the right to reject any or all Bids not submitted on the form of Proposal provided by the City.

No bids shall be accepted by mail or by Telecopier (FAX)

1.9 RIGHT TO REJECT BIDS OR AWARD

The City reserves the right to reject any bid or award that is not in the best interest of the City including those reasons stated in N.J.S.A 40A:11-13.2 or for any other reason which in the judgment of the Corporation Counsel requires the City Council to reject the Proposals in the best interest of the City. The City, with the approval of the Corporation Counsel, further reserves the right to waive informalities.

RENOVATION OF FIREHOUSE #4 I-6 DPW# 611

1.10 CONDITIONED PROPOSALS

The Bidder shall not in any way change the Proposal, Instruction to Bidders, Bidding

Requirements, or Scope of Work, and shall not in any manner or form amend, change or condition them by adding a rider, clause or word. In the event the Bidder shall amend, change, modify or condition the substance of the foregoing documents, the Bid shall be rejected.

1.11 AWARD OF CONTRACT

If the City chooses to award a Contract to the lowest responsible Bidder, such award will be made within 60 days of the receipt of Bids. Should award be anticipated after the expiration of said 60 day period, Bidders will be given the option of either extending the bid guarantee period, as required, or withdrawing their bid without penalty to either party. The City reserves the right to require supplementary information during the Bid review Process as may be necessary to determine the responsibility of the Bidder, without penalty.

The City reserves the right to award project in the contract to one or more bidders as prize dictates.

The contract shall be awarded to the lowest responsible bidder in each case.

1.12 WHEN THE CONTRACTOR IS TO EXECUTE CONTRACT

The Bidder to whom the Contract is awarded shall execute such Contract and other documents, as provided for in the Specifications, and deliver the same to Director of Public Works within twenty-one (21) days excluding Sundays and Holidays after the making of the award, unless the City shall grant, in writing, further time for so doing. Notice in writing, shall be mailed, certified mail return receipt, to the complete address of the bidder, for the execution of the Contract and Bonds shall commence to run from the day the notice is actually deposited in the Post Office in the City of

East Orange.

1.13 WHEN THE CONTRACTOR IS TO FURNISH BOND

Within ten (10) working days after the awarding of the Contract, but in any event prior to the execution thereof, the Contractor to whom the award has been made shall execute and deliver to the Director of Public Works a Performance Bond in the amount specified, executed by a responsible Surety Company in good financial standing, authorized to do business in the State of

New Jersey, in the principal sum required in accordance with the amount of Contract awarded by the City Council. Failure to provide said Performance Bond prior to the day of execution of the

Contract shall be cause for assessment of damages as a result thereof, pursuant to Section 1.5.

1.14 FORM OF PERFORMANCE BOND

The Performance Bond shall be in the form guaranteeing the faithful performance of the

Contract and the indemnities noted herein, and shall contain an additional obligation for the payment by the Contractor for all labor performed and materials furnished in the performance of the work, and also an obligation to indemnify and save harmless the City of East Orange, and it authorized agents from any and all loss, proceedings, suits, or actions resulting directly or indirectly from the performance of the work herein specified.

RENOVATION OF FIREHOUSE #4 III-1 DPW#611

SECTION II – STANDARD PROVISIONS

2.1. SUBMITTING PROPOSAL

The specifications to be used shall be City of East Orange Standard Specifications as amended or revised and the Supplementary Specifications as hereinafter set forth. Detailed Bid proposal packets and Specifications are available for download on the City of East Orange e-Procurement portal https://vendors.planetbids.com/portal/85923/bo/bo-detail/144949 (project number 611)

The Proposal Form shall be accompanied by a Proposal Guarantee in the form of Certified Check, Cashier’s Check, or Satisfactory Bid Bond in the amount of 10% (ten percent) of the bid for one year, but not more than $20,000.00. Check or Surety Company Bid Bond shall be made payable to the City of

East Orange, NJ. The successful bidder will be required to furnish the proposal form. The Proposal Form shall also be accompanied by the following properly executed: Non-Collusion Affidavit; Affirmative

Action Affidavit; Statement of Ownership; Bid Proposal Sheet; And the Proposal Form shall be accompanied by a Prohibited Russia-Belarus Activities & Iran Investment Activity and Business

Registration Certificate prior to award of contract; Acknowledgement of Receipt of Change to Bidder

Document; Public Works Contractor Registration Certificate; Statement of Bidders Qualifications;

Qualification Affidavit; Acknowledgement and Statement of Organization; Certification of Bidder’s

Status...Debarred Contractors; Insurance Requirements; Construction Experience Record; Subcontractor

Utilization Certification & Bid Document Submission Checklist.

Bidders are required to comply with N.J.S.A. 34-11 – 56.25 regulating wages on Public Works, Affirmative Action, N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 et seq. (Contract Compliance and

Equal Employment Opportunities in Public Contract and N.J.S.A. 52:25-24.2 (Disclosure of

Ownership).

The City Council reserves the right to reject any or all bids due to any defects or for not adhering to the Specifications or for any reason or to waive informalities and accept any bid that in its judgment will be in the best interest of the City of East Orange. The City Council reserves the right to sever and make awards of all or parts of any bids to one or more bidders.

Bidders are required to state their total bid price in writing as well as in figures.

The City requires that this project be completed in a timely manner. Bidders shall be required to demonstrate the capacity to work on more than one street location at a time. Because of the scope of the project it will be necessary for the Contractor to provide a minimum of two fully equipped field crews at separate project locations at all times. A listing of the Contractor’s equipment and personnel shall be supplied to the City with the bid package or upon request.

No IFB’s received after 11:00 am (EST), on Thursday, November 12, 2026 will be addressed.

2.2. TIME

If the City chooses to award a contract to the lowest responsible bidder, such award will be made within a 60-day period, bidders will be given the option of either extending the bid guarantee period, as required, or withdrawing their bid without penalty to either party.

The work shall not be commenced by the Contractor until notified in writing to do so by the City or its authorized agent, and after such notification, he shall commence within ten calendar days and complete the same on or before the expiration of 90 calendar days thereafter. The Department of Public Works will be the sole determiner of what constitutes a working day. The contractor will be charged with liquidated damages exacted in this contract for every calendar day that the work is not commenced within ten (10)

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calendar days of the formal notice to proceed and also for each day the completion of the work is delayed beyond the time specified above. Liquidated damages shall be computed in accordance with the following schedule:

Bid Price $0 - $25,000 -- $500.00 per calendar day

Bid Price $25,001 - $50,000 -- $750.00 per calendar day

Bid Price $50,001 - $100,000 -- $l,000.00 per calendar day

Bid Price $100,001 - $500,000 -- $1,250.00 per calendar day

Bid Price $500,001 - above -- $1,500.00 per calendar day

The work shall be commenced at and continued between such points as the Construction Official/Director of Public Works may direct.

The Contractor must notify the following agencies at least twenty-four hours before commencing the work.

East Orange Police Department

15 S. Munn Ave, East Orange, NJ 07018 973-266-5000

East Orange Fire Department

468 MLK Jr Blvd, East Orange, NJ 07018 973-266-5509

Essex Valley Medical Transportation (Ambulance)

300 Central Ave, East Orange, NJ 07018 973-266-8453

East Orange Water Commission

99 S Grove St, East Orange, NJ 07018 973-266-8869

East Orange Board of Education

199 4th Ave, East Orange, NJ 07017 862-233-7300

East Orange Mayor's Office

44 City Hall Plaza, East Orange, NJ 07017 973-266-5151

Office of Emergency Management (OEM)

402 Springdale Ave, East Orange, NJ 07017 973-677-8924

UTILITIES:

Verizon Telephone Company 800-294-7831

PSE&G (One Call) 800-272-1000

Comcast (Xfinity) 800-934-6489

East Orange Street Division 973-266-8842

Should it be necessary, due to existing unforeseen field conditions, for the Contractor to work beyond the contract time, the Contractor shall submit a formal request for such an extension to the Director of

Public Works. If an extension is given, it must be in writing from the Director of Public Works.

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No payment, compensation or adjustment of any kind (other than the extension of time provided for) shall be made to the Contractor for damages because of hindrances or delays from any cause in the progress of the work, whether such hindrances or delays be avoidable or unavoidable, including but not limited to such items as questions of title, ability to make site available, or other public works or construction or services or functions to be performed by the City, its agencies, employees, or consultants, and the Contractor agrees that he will make no claim for compensation, damages, or mitigation of liquidated damages for any such delays, and will accept in full satisfaction for such delays said extension of time.

2.3. INTERPRETATION OF SPECIFICATIONS

The interpretation of these specifications shall rest with the Director of Public Works, and his decision shall be final.

2.4. TERM "ENGINEER"

Whenever the word ''Engineer" appears in these specifications, it shall be taken to mean the Director of

Public Works or the City Engineer on matters which are required by Statute or City Code or his/her duly authorized representative.

2.5. CONTRACTOR'S UNDERSTANDING

It is understood and agreed that the Contractor has, by careful examination, satisfied himself or herself as to the nature and location of the work; the location of the utilities, the conformation of the ground; the character of the equipment and facilities needed, preliminary to and during the prosecution of the work;

the general and location conditions; and all other matters which can in any way affect the work under this contract.

No oral agreement or conversation with any officer, agent, or employee of the City, either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained.

All work performed under the terms of this contract shall conform to the requirements of any applicable

Local, State, or Federal Codes, Laws, or Agencies. The Contractor's attention is specifically directed to the Occupational Safety and Health Act (OSHA). All work shall be in accordance with the requirements of current OSHA standards. Should a conflict exist between the method of work specified and the applicable OSHA regulation, the OSHA regulation shall prevail.

The Contractor shall inform the Director of Public Works of any such conflict before proceeding with construction and shall receive no additional compensation for any work required to be performed in order to comply with the OSHA regulations.

Anything not specifically mentioned in these specifications, but usual in the work of this character must be done and performed by the Contractor the same as if it were written herein.

2.6 RESPONSIBILITY OF CONTRACTOR

All loss or damage arising out of the nature of the work to be executed either from accidents, the action of the elements, encumbrances, unforeseen obstruction or difficulties on the line of the work, from improper protection or from any other cause, to any property whatsoever, or to the work or life and limbs of any person, must be sustained by the Contractor.

It is of paramount importance that trees are thoroughly protected from damage. If trees are damaged, in

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the judgment of the Shade Tree Division, the Contractor will be held liable for the amount of damage.

When it is necessary to cut roots, such work shall be performed by the Shade Tree Division.

The Contractor hereby covenants and agrees to save, protect, defend, indemnify, and hold the City harmless from all damages or claims for damages to persons or property which the City may be compelled to pay by reason of anything done, furnished or performed, or omitted to be done, furnished or performed by the Contractor under this contract.

2.7. EMPLOYMENT OF LABOR

2.7.1 Use of Competent Personnel

The men employed by the Contractor must be thoroughly skilled in their work and if any employed shall appear incompetent or disorderly, he/she shall be immediately discharged upon demand of the Director of Public Works and such person shall not again be employed without his consent.

At the site of the work, the Contractor shall employ a construction superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Director of Public Works and shall be one who can be continued in that capacity for the particular job involved unless he ceases to be on the Contractor's payroll.

The Contractor's attention is directed to the requirements of the Ordinance No. 7 of l982, which form a part of this contract.

For any and all work provided for in the within specifications, the Contractor shall give preference in employment to citizens of the State of New Jersey and no person other than a citizen of New Jersey shall be employed by the Contractor for the work within specified, except when citizens of New Jersey are not available. The City of East Orange reserves the right to declare any contract for the work within specified null and void at its option, in case of violation of the above requirements respecting labor.

2.7.2 R.S. 34:9-2 Resident Citizens to be Preferred in Employment on Public Works.

In the construction of any pubic work for the state, or any county, city, town, township, or borough, or other municipal corporation or any board, committee, commission or officer thereof, whether the same be a building, excavation, sewer, or drainage construction, road building, paving, bridge, or any other form or kind of public work, preference in employment thereon shall be given to citizens of the State of

New Jersey who have resided and maintained domiciles within the State for period of not less than one year immediately prior to such employment. Persons other than citizens of the State may be employed when such citizens are not available.

Every contract for the construction of public works shall provide that if this section is not complied with the contract shall be voidable at the insistence of the state, county or municipality.

2.7.4 Wage and Hour Requirements

1. Workmen to be Paid Prevailing Wage Rates - Each workman employed in the performance of this contract shall be paid the prevailing wage rate as determined by the New Jersey Department of Labor and Industry.

2. Failure to Pay Prevailing Wage Rates - In the event that any worker employed by the Contractor or any Sub-contractor covered by this contract has been paid a rate of wages less than the prevailing wage required to be paid by this contract, the City of East Orange may terminate the Contractor's or Sub-contractor's right to proceed with the work, or such part of the work as to which there has been failure to pay required wage and to prosecute the work to completion or otherwise. The Contractor hereunder and his sureties shall be liable to the City of East Orange for any excess cost occasioned thereby.

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3. Posting of Rates - All Contractor and Sub-Contractors engaged in the performance of this contract shall post the prevailing wage rates for each craft and classification involved as determined by current

State or Federal regulations, including the effective date of any change thereof in a prominent and easily accessible place at the site of the work or such place or places as are used by them to pay workmen their wages.

4. Statement of Wages Due – The Contractors and each sub-contractor involved in the performance of this contract shall file a statement of wages due and comply with all the provisions of R.S. 34:ll-56.33 et.

seq. prior to final payment of any Monies due either the Contractor or any Sub-contractor hereunder.

5. Claims - Where any claim is made that the Contractor has failed to pay the prevailing wages or rates as required, the City may but shall not be required to retain such sum of Monies due the Contractor as shall be sufficient to satisfy the said claim if established and proved to the satisfaction of the City.

The Contractor further agrees to furnish the City with satisfactory evidence that all persons who have done work or furnished materials under this agreement, and who may have given written notice to the

City at any time within ten days after the completion of the work hereinafter specified, that any balance for such work or materials is still due and unpaid, have been fully paid or satisfactorily secured such balance.

In case such evidence be not furnished as aforesaid, such amount as may be necessary to meet the claims of the person aforesaid shall be retained from the Monies due the Contractor under this agreement until the liabilities have been fully discharged and secured, or such notice be withdrawn.

2.7.5 Mandatory Equal Employment Opportunity

N.J.S.A 10:5-31 ET. SEQ., N.J.A.C. 17:27

During the performance for this contract, the Contractor agrees as follows:

Contractor or subcontractor; where applicable, will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, ancestry, age marital status, affectional or sexual orientation, gender identity or expression, the contractor will ensure the 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 employment, notices to be provided by the Public Agency Compliance

Officer setting forth provisions of this nondiscrimination clause.

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

The contractor or subcontractor, where applicable, will send to each labor union or representative of workers with which is 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

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the contractor’s commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

The contractor or subcontractor where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq.; as amended and supplemented from time to time and the Americans with Disabilities Act.

When hiring or scheduling workers in each construction trade, the contractor or subcontractor agrees to make good faith efforts to employ minority and women workers in each construction trade consistent with the targeted employment goal prescribed by N.J.A.C. 17:27-7.2; provided, however, that the

Division may, in its discretion, exempt a contractor or subcontractor from compliance with the good faith procedures prescribed by the following provisions, A,B and C, as long as the Division is satisfied that the contractor or subcontractor is employing workers provided by a union which provides evidence, in accordance with standards prescribed by the Division, that its percentage of active “card carrying” members who are minority and women workers is equal to or greater than the targeted employment goal established in accordance with N.J.A,C.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 to 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 the 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 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 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 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 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;

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(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 referral agreement or arrangement with 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 no-discrimination standard set for the in this regulation, as well as with applicable Federal and State court decisions;

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

(i) 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 qualification of such individuals. The contractor or subcontractor shall hire or schedule those individuals who satisfy appropriate qualification standards in conformity with the equal employment opportunity and non-discrimination principles set forth in this chapter. However, a contractor or subcontractor shall determine that the individual at least possesses the requisite skills, and experience recognized by a union, apprentice program or a referral agency, provided the referral agency is acceptable to the Division. If necessary, the contractor or subcontractor shall hire or schedule minority and women workers who qualify as trainees pursuant to these rules.

All of the requirements, however, are limited by the provisions of (C) below.

(ii) 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 paragraph (i) above, whenever vacancies occur. At the request of the Division, the contractor or subcontractor shall provide evidence of its good faith efforts to employ women and minorities from the list to fill vacancies.

(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 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 of subcontractor with hiring hall or apprenticeship policies in any applicable collectible 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 with the targeted county employment goal, the contractor or subcontractor

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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 advance 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. Also, the contractor or subcontractor agrees that, in implementing the procedures of (B) above it shall, where applicable, employ minority and women workers residing within the geographical jurisdiction of the union.

After notification of award, but prior to signing a construction contract, the contractor shall submit to the public agency compliance officer and the Division an initial project workforce report (Form AA

201) 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.

(D) The contractor and its subcontractor shall furnish such reports or other documents to the Division of Public Contracts Equal Employment Opportunity Compliance as may be requested by the Division from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of Public Contracts Equal Employment

Opportunity Compliance for conducting a compliance investigation pursuant to Subchapter 10 of the

Administrative code at N.J.A.C.

2.8. ACCEPTANCE OF WORK

All the work and appurtenances thereto contemplated under these specifications must be done and completed in a workmanlike manner, and the Contractor is, in general, to do all and everything that may be necessary for the construction, laying, completing, and maintaining of the same to the satisfaction and approval of the Director of Public Works of the City of East Orange; and while the said work is to be done under the inspection or supervision of the City or it's authorized agents, yet the Contractor or his sureties shall be responsible in every respect at all times and for a period of two (2) year from the date of acceptance by the City of East Orange, for the complete and perfect construction, repair, and maintenance in a good and serviceable condition of said improvement, as herein provided.

It is hereby expressly agreed and understood by and between the parties hereto, that the said party of the first part, it's successors and assigns, shall not, nor shall any department or officer of the municipality of the City of East Orange be precluded or stopped by any return certificate or estimate made or given by any Engineer, Inspector or other officer, agent or appointee of said City Council or of said party of the first part, under or in pursuance of anything in this agreement contained, at any time showing the true and correct amount and character of the work, or any part thereof, which shall have been furnished by the said party of the second part, or by any other person or persons under this agreement, and no inspection, approval or acceptance of the work or materials or any part thereof, or of any payment made on account thereof, shall prevent the party of the first part from objecting to the acceptance of such work or materials at any time thereafter during the existence or continuance of this contract.

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2.9. PERFORMANCE, PAYMENT AND MAINTENANCE BONDS

A. Performance Bond

The Contractor shall provide a one year Performance Bond in the principal sum of one hundred (100%) percent of the awarded price, meeting the specifications required by N.J.S.A. 40A:11-22, issued by an insurance company of good financial standing and licensed to do business in the State of New Jersey.

The Contractor shall also provide a Certificate of Surety for the above mentioned Performance Bond.

Said Certificate is a required document that must be presented at the time of bid submission.

B. Labor and Material Payment Bond

The Contractor shall, in compliance with NJSA Sections 2A:44-143-147, give bonds as hereinafter provided, to "The City of East Orange", which bonds shall be in the sum of 100% of the contract and shall be satisfactory to the Corporation Counsel, and approved by it as to the sufficiency of the sureties, and by the Corporation Counsel as to form, before this contract shall become effective. They shall be delivered at the time of the execution of the contract.

C. Maintenance Bond

Before final payment is made, the Contractor shall furnish a Surety Corporation Bond to City Council in a sum equal to one hundred percent (100%) of the contract price. The bond will remain in full force and effect for a period of two years from the date of acceptance of this project by the City Council. The bond shall provide that the Contractor will make good any defect which develops in the work.

Before the Surety Bond is released, the Director of Public Works will certify, in writing, that the foregoing obligations have been fully performed.

When the work being performed is financed, in part, by New Jersey State Aid Funds, the provisions of the Standard Specifications, New Jersey Department of Transportation, dated 2007, as amended, shall govern and amend the above Surety Corporation Bond requirements.

2.10. WHEN THE CONTRACTOR IS TO EXECUTE CONTRACT AND BOND

The bidder to whom the contract is awarded shall execute such contract and all bonds provided for in the specifications, and deliver the same to the City Clerk within ten (10) days after the notification in writing by the City that the contract and bonds are ready for execution, unless the City Council shall give further time for such execution. Notice in writing mailed to the address of the bidder as given upon the proposal, shall constitute the notice required hereby, and the time limit for the execution of the contract and the bonds shall commence to run from the day the notice is actually deposited in the post office in the City of East Orange. Should the bidder fail to execute and deliver the contract and bonds within the time above specified, having been notified as above provided, the City Council may thereupon, at it's discretion, declare the bid to be forfeited and may either award the contract to the next higher bidder or re-advertise for new proposals, and the bidder to whom the contract was first awarded and who has failed to execute the same will be charged for the difference between the sums to which said bidder would have been entitled upon completion of the contract and that which the said City of East Orange may be obliged to pay to the person or corporation by whom such contract shall be executed.

2.11. INSURANCE

The Contractor shall, at his own cost and expense, obtain and maintain in full force and effect during operation of the contract, a policy or policies of Public Liability, property, damage and workmen's compensation insurance, certificates of which, designating the City as an additional insured, and must be filed with and approved by the Director of Public Works and the Corporation Counsel of the City of East

Orange prior to commencement of work. Said Insurance Certificate must be filed in the office of the

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City Clerk.

Each such policy shall contain an endorsement providing that such policy may not be materially changed or canceled by the named insured or by the issuing insurance company unless written notice thereof is sent fifteen (15) days prior thereto to the Director of Public Works, East Orange, New Jersey, by certified mail, provided, however, that such endorsement shall not abrogate the duty of said Contractor to maintain such policies in full force and effect.

Additionally, the City of East Orange must be named as a Certificate Holder on all policies covering this

Agreement, so that they are notified if the policy is going to be canceled.

A. Compensation Insurance:

The Contractor shall take out and maintain during the life of the contract, Workmen's Compensation

Insurance for all his employees employed at the site of the project, and in case any work is sublet, the

Contractor shall require the Sub-Contractor similarly to provide Workmen's Compensation for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor.

B. General Liability and Property Damage Insurance:

The Contractor shall take out and maintain during the life of the contract, such Liability and Property

Damage Insurance as shall protect him and any sub-contractor performing work covered by the contract, from claims for damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from operations under the contract, whether such operations be by him/herself or by any Sub-Contractor or by anyone directly or indirectly employed by either of them, and the amount of such insurance shall be as shown in the following paragraph.

Liability Insurance in the amount of not less than $1,000,000 for injuries, including wrongful death to any one person, and subject to the same limit for each person, in an amount not less than $1,000,000 on account of one accident. Property Damage Insurance in an amount of not less than $1,000,000 for damages on account of any one accident, and in an amount not less than $1,000,000 for damages on account of all accidents.

The above policies for Liability and Property Damage Insurance must be so written as to include

Contingent Liability and Contingent Property Damage Insurance to protect the Contractor against claims arising from the operations of Sub-Contractors.

In all accounts, the City of East Orange is to be named as an additional insured on the policy.

2.12. PAYMENTS

Payments on account for work therefore done, and materials thereto furnished, will be made by the City to the Contractor not more frequently than once each month, upon and in accordance with the written order of…