hopewell 5723_Specifications.pdf

ROOFING REPLACEMENT AT

HOPEWELL TOWNSHIP MUNICIPAL BUILDING

TOWNSHIP OF HOPEWELL

MERCER COUNTY - NEW JERSEY

New Jersey - Pennsylvania W W W . F V H D P C . C O M

FVHD PROJECT #5723

September 11, 2026

S P E C I F I C A T I O N S for

ROOFING REPLACEMENT AT HOPEWELL TOWNSHIP MUNICIPAL BUILDING

located at 201 Washington Crossing-Pennington Road, Titusville, NJ 08560 for the

TOWNSHIP OF HOPEWELL

MERCER COUNTY - NEW JERSEY

FVHD PROJECT #5723

FRAYTAK VEISZ HOPKINS DUTHIE, P.C.

Architects – Planners 1515 Lower Ferry Road Trenton – New Jersey 08618 Tel: 609.883.7101 – Fax: 609.883.2694 William D. Hopkins III, AIA, LEED AP, No. 21AI01706000

TABLE OF CONTENTS

Section Title Pages

Hopewell Township Bidding Information and

General Conditions - Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 to 104

Bid Proposal Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 to 4

00100 Instructions to Bidders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 to 4

00800 Supplementary General Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 to 8

00850 Contract Drawings

00860 Laws Governing Public Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 to 8

00870 Miscellaneous Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 to 4

01010 Summary of Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 to 3

01020 Allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 to 2

01040 Coordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 to 4

01050 Alterations, Cutting, Patching and Refinishing Work . . . . . . . . . . . . . . . . . . . . 1 to 9

01200 Project Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 to 4

01400 Material Testing/Quality Control Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 to 7

01410 References and Industry Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 to 3

01505 Temporary Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 to 3

01524 Construction Waste Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 to 5

01600 Product Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 to 6

01700 Project Closeout Documents and Procedures. . . . . . . . . . . . . . . . . . . . . . . . . 1 to 12

01800 Time of Completion and Liquidated Damages . . . . . . . . . . . . . . . . . . . . . . . . 1 to 3

01900 Guarantees and Warranties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 to 3

GENERAL CONSTRUCTION WORK

06100 Carpentry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 to 4

07050 Roof Demolition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 to 3

07500 Roofing, General

Roofing Inspection Firms

07535 Modified Bitumen Roofing System - Cold Applied . . . . . . . . . . . . . . . . . . . . . 1 to 17

Same Roof Membrane Products Certificate of Analysis

07600 Flashing, Sheet Metal and Roof Accessories . . . . . . . . . . . . . . . . . . . . . . . . . . 1 to 10

07800 Roof Specialties and Accessories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 to 4

07900 Joint Sealer Assemblies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 to 6

15000 Mechanical Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 to 6

16000 Electrical Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 to 3

END TABLE OF CONTENTS

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SECTION 00100 - SUPPLEMENTARY INSTRUCTIONS TO BIDDERS

1.1 INVITATION TO BID

A. All Bidders are required to prepare bids in accordance with all Drawings and Specifications (Bid Documents) prepared by Fraytak Veisz Hopkins Duthie, P.C.

Architects-Planners.

B. DISCLAIMER: Bidders should only rely on original digital and paper versions of the Bid Documents obtained directly from the Architect's office. Fraytak Veisz Hopkins Duthie, PC (FVHD) Architects-Planners is not responsible for any unauthorized copies made of the digital or paper Bid Documents obtained from sources other than the Architect's office. All information provided by Fraytak Veisz Hopkins Duthie, PC (FVHD) Architects-Planners is intellectual property and is protected under copyright laws. It is not to be used for any purpose other than for the indicated project. Any other use or manipulation of the information is strictly prohibited.

1.2 NOTICE OF CLASSIFICATION OF BIDDERS (CONTRACTORS AND PRIME

SUBCONTRACTORS)

A. Pursuant to N.J.S.A. 40A:11-28 et seq., as amended L.1971, c. 198, s. 28; amended 1999, c. 440, s. 35, Prospective Bidders shall be classified as to the character and amount of goods or services \Contracts as to which they shall be qualified to submit bids, and bids shall be accepted only from persons so qualified. The classification shall be made and an immediate notice thereof shall be sent to the prospective Bidders by certified or registered mail within eight days after the date of receipt of the responsive statement or answers.

1. Pursuant to N.J.A.C. 17:19-2.1 through N.J.A.C. 17:19-2.7, Bidders on any Contract on public work in the State of New Jersey in which the entire cost of the Contract exceeds $20,000.00, must have a classification from the Division of Property Management and Construction (DPMC), as to character and amount of public work on which they may submit bids. Bidder must submit with the Bid, a “Notice of Classification” setting forth the type of work and the amount of work for which the Bidder has been qualified, that there has been no material adverse change in their qualification information, the total amount of uncompleted work on Contracts at the time and the date of the bid due date. Any bid submitted under the terms of New Jersey Statutes not including a copy of a valid and active Notice of Classification shall be cause for rejection as being nonresponsive to bid requirements. (Forms for this purpose are available from the Director of the Division of Property Management and Construction - DPMC, Trenton, New Jersey 08625.)

2. Each classified bidder’s aggregate rating shall be calculated in accordance with formula prescribed by N.J.A.C. 17:19-2.8.

a. Calculations shall be based on Bidder’s base bid amount at time of bid or total amount of base bid and accepted Alternate Bids at time of Award.

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B. In accordance with N.J.S.A. 34:11-56.48 et seq. and N.J.S.A. 18A:7G-37, each Bidder must be properly registered with the New Jersey Department of Labor and Workforce Development at the time of the bid. The Contractor shall enter into Subcontracts only with Subcontractors who are registered pursuant to N.J.S.A.

34:11-56.48 et seq.

1. No Contractor/Subcontractor will be permitted to bid on or engage in any Contract for public work, as defined in the “New Jersey Prevailing Wage Act,” N.J.S.A. 34:11-56.26 et seq., unless that Contractor/ Subcontractor is registered with the New Jersey Department of Labor and Workforce Development at the time of the bid.

C. The Owner may make such additional investigations as it deems necessary to determine the ability of the Bidder to perform the work, and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that they are properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein.

1.3 TOTAL AMOUNT OF UNCOMPLETED CONTRACTS

A. Uncompleted Contracts (Contracts Exceeding $20,000) (N.J.A.C. 17:19-2.13(a))

1. The Client / Board requires that each Bidder submit with their bid, a certified Total Amount of Uncompleted Contracts form as prescribed by the cited regulation. (Form DPMC 701). Failure to submit this document will lead to having the bid being rejected as non-responsive.

1.4 PREPARATION OF BIDS

A. Subcontractor Identification List:

1. Pursuant to N.J.S.A. 40A:11-16 shall include names of Subcontractor(s) proposed for use in performance of (if any):

a. The plumbing and gas fitting and all kindred work;

b. Steam power plants, steam and hot water heating and ventilating and refrigeration apparatus and all kindred work;

c. Electrical work, including any electrical power plants, tele-data, fire alarm, or security system;

d. Structural steel and ornamental iron work; and

e. General construction, which shall include all other work required for the completion of the project.

2. Only one proposed Subcontractor, person or entity shall be listed for each portion of the Work.

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B. Completed and certified Bidder Qualification Statement.

C. Such other items as set forth in the Bid Proposal Form and the Bidder’s Checklist.

D. Modifications of Proposal:

1. Any Bidder may modify their proposal, provided such communications are received by the Owner prior to the closing time, by requesting the Owner pull their original bid and submitting a complete new sealed bid proposal will all required documents.

1.5 TIME OF COMPLETION

A. Refer to Section 01800, "Time of Completion".

1.6 FALSE MATERIAL REPRESENTATION / TRUTH IN CONTRACTING

A. Pursuant to N.J.S.A. 40A:11-34, any person who makes or causes to be made, a false, deceptive or fraudulent statement in the statement or answers in response to the questionnaire, or in the course of any hearing hereunder, shall be guilty of a misdemeanor, and upon conviction shall be punishable by a fine of not less than $100.00 nor more than $1,000.00, and shall be permanently disqualified from bidding on all public work or contracts of the contracting unit which submitted the questionnaire; or, in the case of an individual or an officer or employee charged with the duty of responding to the questionnaire for a person, firm, copartnership, association or corporation, by such fine or by imprisonment, not exceeding 6 months, or both.

L.1971, c. 198, s. 34, eff. July 1, 1971.

1.7 EQUIVALENT PRODUCTS

A. The use of manufacturers’ band names, catalogue numbers and similar proprietary identifying data in the Bid Documents are not intended to eliminate from consideration products that are equivalent in quality, appearance and function to those specified.

1.8 CONTRACT

A. As indicated in the Legal Notice - Advertisement for Bids, it is intended to receive sealed bids and to award and administrate Contract for the work required by the Bid Documents as follows:

Single Overall Contract

B. The Bidder shall be a firm classified by the State of New Jersey - Division of Property Management and Construction for the following classification:

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Prime General Contractor C009 - General Construction/Alterations and Additions and have Subcontractor(s) for the following classification(s) of work:

Subcontractors:

C032 - HVACR

C047 - Electrical C068 - Roofing Membrane Modified Bitumen

OR/

Prime General Contractor C068 - Roofing Membrane Modified Bitumen and have Subcontractor(s) for the following classification(s) of work:

Subcontractors:

C032 - HVACR

C047 - Electrical

C. The Bidder shall be in possession of the required DPMC Classification for the specified work.

1. In the case of a Combined Single Overall Bid, if the Contractor possess the DPMC Classification in one category, but not in all of the required categories, the Contractor must list the Prime Subcontractor(s) bidding the scope of work for the other categories. The Subcontractor(s) must possess the DPMC Classification(s) in that category.

END OF SECTION 00100

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SECTION 00800 - SUPPLEMENTARY GENERAL CONDITIONS

PART 1 - GENERAL

1.1 GENERAL

A. The following Supplementary General Conditions supplement the Township of Hopewell General Conditions.

1.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER

A. The Architect will furnish the successful Contractor, the following number of sets of Drawings and Specifications, signed and sealed for purposes of obtaining NJ Uniform Construction Plan Review by the Municipal Construction Official having jurisdiction over the project to obtain Construction Permits.

Single Overall Prime Contract 3 Sets

B. Additional copies can be provided upon request in writing to the Architect at the Architect’s reproduction costs.

1.3 SUBMITTALS

A. Shop Drawings, Product Data and Samples:

1. Contractor shall provide submittals for the Project with reference to Architect’s Project and Specification Section Number. Contractor shall, within ten (10) calendar days from the Issue Date of the Resolution of Award, forward to the Architect a written submittal log including all of the following information:

a. A list of all required submission items grouped by technical section division number as set forth in the Specifications,

b. If in variance with the Milestone Dates specified in Section 01800, the dates upon which each submission will be made by the Contractor and the date by which the Contractor expects same to be returned to them by the Architect, allowing a reasonable time for review,

c. Critical items and long lead items shall be so noted on the log,

d. Submittals will be mandatory and shall meet time requirements established in other sections of the Bid Documents.

f. The Contractor shall complete the entire submission process as soon as possible but in no event later than the time set forth in Section 01800 after the Resolution of Award. Exceptions may be made if so noted on the submission log, with good reason, and subject to the Architect’s approval.

g. Omission of any required submittal item from the log does not relieve the Contractor of their obligation to make timely submissions of same. The Contractor shall keep their submission log up to date at all times. They will provide an updated copy to the Architect, at any time, upon request.

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2. All project submittals are to be complete and provide all information required by the Bid Documents including, but not limited to, model numbers, applicable technical requirements, selected features, color, finish, and other options.

Improperly prepared submittals sent to the Architect will be returned without action. The Contractor is responsible to field verify all dimension and conditions effecting the preparation of submittals and the Work.

3. Submittals provided by the Contractor on behalf of Subcontractors and suppliers must be reviewed for completeness and approved by the Contractor prior to submitting same to the Architect. The Contractor will be solely responsible for improperly prepared submittals.

4. Submittals are to be provided to the Architect consistent with the sequence of the proposed Work.

5. All fabricated work shall require shop drawings.

6. Submittal Procedures: The Contractor’s failure to follow proper procedures for submittals constitutes grounds for withholding of payments until such time as the Contractor is in compliance. Proper submittal procedures include all of those set forth elsewhere in this Specification including the following:

a. Failure to adhere to deadlines for completion of submittals and record/resubmittals.

b. Failure to provide submittals in good order as required by the Bid

Documents.

c. Failure to provide submittals in relationship to the progress of the Work.

d. Performance of work or part of the Work, without complete approved submittals.

7. Architect’s actions for submittals shall be as follows:

a. Submittals returned to the Contractor marked "Approved" allow the

Contractor to proceed with the Work.

b. Submittals returned to the Contractor "Approved As Noted; "Resubmit For

Record:"

1) The Contractor may proceed with Work, however noted items by the

Architect (or any affected portion of the submittal), must be corrected and resubmitted to the Architect’s office within ten (10) working days of Contractor’s receipt of the original submittal. Final acceptance of all work is subject to the Contractor’s compliance with requirements of the Bid Documents.

c. Submittals returned marked "Returned for Corrections" require the Contractor to resubmit corrected or alternate data in accordance with the corrections indicated.

1) The originals of the reproducible transparencies marked "Returned for Corrections" shall be corrected until approval is obtained. The Contractor shall provide such number of prints of transparencies

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d. Submittals returned marked "No Action Taken:"

1) The Contractor may not proceed with the work. The Architect will not review submittals so marked until the Contractor has properly completed the submittal or corrected the reasons stated thereon.

2) Reasons for “No Action Taken” on a submittal include, but are not limited to the Contractor’s failure to:

a) Submit an approved Subcontractor or supplier.

b) Indicate job specific product data such as catalog number, size, type or material on each submittal.

c) Submit complete data, test reports or similar information as required by the Bid Documents.

d) Obtain prior approval for substitution.

e) Submit documents in a legible or orderly fashion.

f) Adhere to any submittal requirements set forth in the Bid

Document.

g) Submit only submittals which are called for in the Bid Documents, other submittals will not be reviewed by the Architect.

e. Shop drawing submittals and color selection approvals by the Architect:

1) The Contractor shall submit all shop drawing submittals within the specified time stipulated in Bid Documents.

2) The Architect shall release/return to the Contractor the approved color selections to coincide with the approved Milestone Schedule/ Project Phasing if more than one construction phase is identified in Section 01800.

6. Long Lead Items:

a. In addition to and concurrent with the submission of the "Schedule of Values", Contractor shall submit a list of all materials, equipment or components which are anticipated to require more than four weeks delivery, together with scheduled ordering and delivery time table.

b. This will be discussed and reviewed regularly at the job meetings.

c. Upon request by the Architect, the Contractor shall be prepared to produce evidence of having placed orders for specific materials, equipment and components.

7. The Contractor will not be entitled to receive payment or Work performed by the Contractor for which submittals were required to be submitted for review and approval by the Architect. All Work installed in variance with the Bid Documents will be rejected.

1.4 PAYMENTS AND COMPLETION

A. SCHEDULE OF VALUES

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1. Immediately after Award of Contract, the Contractor shall prepare and submit a Schedule of Values, breaking down all Work by type and Trade. Each scheduled value line item shall be for material and labor for each entity of Work.

2. Project soft costs including, but not limited to, bond, insurance, mobilization, supervision, submittals, punch-list, training, as-built drawings and close-out documents, shall be indicated in separate line items.

3. Project Allowances: Include all project allowance at the end of the schedule of values to allow subsequent draw-down when authorized in writing by the Architect.

4. Unless printed invoices are provided by the Contractor from Insurance and Bonding Companies for which payment is being requested, a maximum of one and one half (1-1/2%) of the total cost of the awarded Contract Amount will be allowed.

B. The Architect shall review applications and certifications for payment submitted by the Contractor which have been signed and certified as required by the Bid Documents. By submitting an application and certification for payment, the Contractor is representing that it has verified that all Work for which payment is being requested, has been completed in accordance with all the requirements of the Bid Documents.

C. The Architect’s approval of the Contractor’s certification for payment shall constitute a representation to the Owner, based on the Architect’s evaluation of the Contractor’s Work and on the data comprising the Contractor’s Application for Payment, that, to the best of the Architect’s knowledge, information and belief, and, based on periodic on-site observations, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Bid Documents.

The Architect is not responsible to provide continuous observation of the Work.

1.5 SUPERVISION AND CONSTRUCTION PROCEDURES

A. The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures for coordinating all portions of the Work under the Contact unless the Bid Documents give other specific instructions concerning these matters. of construction and safety measures on the site.

B. The Contractor is responsible to verify all conditions and measurements in the field.

The Architect shall periodically visit the site at intervals appropriate to the stage of construction or as otherwise required to become familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Bid Documents.

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C. The Contractor shall be responsible to the Owner for acts and omission of the Contractor’s employees, Subcontractors and their agents and employees, and other persons or entities performing portions fo the Work for, or on behalf of, the Contractor or any of its Subcontractors.

D. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequence or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Bid Documents.

END OF SECTION 00800

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SECTION 00850 - CONTRACT DRAWINGS

1.1 All Drawings listed on Drawing No. G-1, “Title Sheet, General Information and Drawing Index,” dated September 11, 2026, unless otherwise revised or amended (via Addenda, Bulletin, etc.), shall form a part of the Bid Documents.

END OF SECTION 00850

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SECTION 00860 - LAWS GOVERNING PUBLIC WORK

1.1 GENERAL REQUIREMENTS

A. The paragraphs below supplement the General Conditions. Attention is called, but not limited, to the following Laws Governing Public Work.

1.2 STATE SALES AND USE TAX EXEMPTION

A. Supplement paragraph 3.6 "Taxes" as follows:

3.6.2 In accordance with Section 9 (a) (1) of the New Jersey Sales and Use Tax Act, the Township of Hopewell is an exempt organization. Bidders and their subcontractors and material suppliers shall not include in their bids New Jersey State Sales and Use Taxes relative to the performance of the work.

1.3 MUNICIPAL BUILDING PERMIT

A. Supplement paragraph 3.7 "Permits, Fees and Notices" as follows:

3.7.1.1 P.L. 1983, Chapter 496 (formerly S-1934) effective 4/17/84 provides that local Municipal Construction Enforcing Agency issue required construction permit, perform required inspections during construction, and issue required certificate of occupancy upon completion of Project.

3.7.1.2 P.L. 1985, Chapter 409,s.1: effective January 13, 1986, amended 1989,c.43,s.2;

1990,c.23,s.4. "No county, municipality, or any agency or instrumentality thereof shall be required to pay any municipal fee or charge in order to secure a construction permit for the erection or alteration of any public building or part thereof from the municipality wherein the building may be located. No erection or alteration of any public building or part thereof by a county, municipality, school board, or any agency or instrumentality thereof shall be subject to any fee, including any surcharge or training fee, imposed by any department or agency of State government pursuant to any law, or rule or regulation, except that nothing contained in this section shall be interpreted as preventing the imposition of a fee upon a board of education by either the Department of Education for plan review or by a municipality for the review of plans submitted to it pursuant to the provisions of section 12 of P.L.1975, c.217 (C.52:27D-130)”.

a. Utility Connection Fees: Contractors shall pay utility connection fees and shall be reimbursed by Owner upon presentation of receipt for same.

1.4 TIME INCLUDING COMPLETION

A. Article 8 "Time"; Supplement Paragraph 8.1 “Definitions” as follows:

8.1.5 The term "completed" in N.J.S.A. 40A:11-17 shall mean substantial completion as defined in this Article 8.

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8.1.6 The term "Working Days" as used to compute the time of completion shall mean Mondays through Fridays, exclusive of the thirteen major yearly holidays, as listed on the official State of New Jersey website, https://nj.gov/nj/about/facts/holidays.shtml

B. Article 8.3 “Delays and Extension of Time”; Supplement Paragraph as follows:

8.3.4 The Contractor agrees that the Owner can deduct from the Contract Price, any wages paid by the Owner to any Inspector or Inspectors necessarily employed by the Owner for any number of days in excess of the number of days allowed in the specifications for completion of the work.

1.5 NONDISCRIMINATION AND MISCELLANEOUS LABOR PROVISIONS

A. Attention is called to the following which supplement paragraph 13.1 "Governing Law" as follows:

13.1.3 N.J.S.A 10:2-1 through 10:2-4 providing as a condition of the Contract non-discrimination in the hiring of laborers, workmen, and mechanics and non-intimidation of employees by reason of race, creed, color, sex, national origin, ancestry, or marital status, with a $50.00 a day per person penalty. Contractor agrees that:

a. In the hiring of persons for the performance of work under this contract or any subcontract hereunder, or for the procurement, manufacture, assembling of furnishing of any such materials, equipment, supplies or services to be acquired under this contract, no contractor, nor any person acting on behalf of such contractor or subcontractor, shall, by reason of race, creed, color, national origin, ancestry, marital status or sex, affectional or sexual orientation, discriminate against any person who is qualified and available to perform the work to which the employment relates;

b. No contractor, subcontractor, or any person on his behalf shall, in any manner, discriminate against or intimidate any employee engaged in the performance of work under this contract or any subcontract hereunder, or engaged in the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under such contract, on account of race, creed, color, national origin, ancestry, marital status or sex, affectional or sexual orientation;

c. There may be deducted from the amount payable to the contractor by the contracting public agency, under this contract, a penalty of $50.00 for each calendar day during which such person is discriminated against or intimidated in violation of the provisions of the contract; and

d. This contract may be cancelled or terminated by the contracting public agency, and all money due or to become due hereunder may be forfeited, for any violation of this section of the contract occurring after notice to the contractor from the contracting public agency of any prior violation of this section of the contract.

e. Pursuant to P.L. 1975, Chapter 127, effective July 23, 1975, as amended and supplemented, the following Affirmative Action Against Discrimination on the Project will be a condition of the Contract.

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f. During the performance of this contract, the Contractor agrees to Mandatory Equal Employment Opportunity Language as show in Exhibit B.

The Contractor must sign a contract containing the mandatory language of Affirmative Action Regulations. The construction goals and related contract obligations and procedures, as described in the regulations, do not apply to any construction Contractor or subcontractor which submits appropriate evidence that it is operating under a federally approved or sanctioned affirmative action plan or to any subcontractor with four (4) or fewer employees.

If the Contractor refuses to sign a contract containing the mandatory affirmative action contract language at the time the contract is submitted for signing by the Owner, then the Owner will reject the Contractor’s bid as non-responsive. When such a rejection occurs, the same affirmative action requirements shall apply to any other Contractor selected by the Owner in accordance with contracting laws and procedures.

If prior to or at the time the Owner submits a contract for signing, the Contractor does not submit to the Owner evidence of an existing federally approved or sanctioned Affirmative Action Program; then no later than three (3) days after the Contractor signs the construction contract, the Contractor shall complete and submit the Initial Projected Manning Table Form AA201 to the Owner and Affirmative Action Office, provided, however, that for construction projects with a total cost of less than $50,000, the Project Manning Report shall not be submitted except when requested by the Affirmative Action Office. The Contractor should retain the copy marked “Contractor”, submit the copy marked “Public Agency” to the Owner and the remaining copies will be forwarded immediately to:

Affirmative Action Office Department of Treasury State House

CN 209

Trenton, NJ 08425-0209

The Owner may extend, in a particular case, the allowable time for submitting the initial form to no more than fourteen (14) days.

B. 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 et seq.

1. The construction Contractors shall complete and submit an Initial Project Workforce Report Form AA-201 after notification of award. Proper completion and submission of this Report shall constitute evidence of the Contractor's compliance with the regulations. Failure to submit this form may result in the Contract being terminated. The Contractor also agrees to submit a copy of the Monthly Project Workforce Report, Form AA-202 once a month thereafter for the duration of the Contract to the Department of Labor and Workforce Development and to the Public Agency Compliance Officer. The EEO/AA

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B. Initial Project Workforce Report - Construction (AA201)

1. In accordance with the requirements of the New Jersey Department of Labor & Workforce Development Construction EEO Compliance Monitoring Unit, the Initial Project Workforce Report-Construction (AA201) document, must be submitted to the Public Agency that awards the Contract and the Department of Labor & Workforce Development Construction EEO Compliance Monitoring Program after notification of award, but prior to signing the Contract. For more information, visit:

https://www.nj.gov/treasury/contract_compliance/documents/pdf/guidelines/pa.pdf

1.6 EMPLOYMENT OF ILLEGAL ALIENS

A. During the performance of this Contract, the Contractor agrees not to employ on such project any alien in the United States in violation of the Immigration and Nationality Act or any other law, convention, or treaty of the United States relating to the immigration, exclusion, deportation or expulsion of aliens.

B. The Contractor will include the provisions of the preceding paragraph in every subcontract so that such provisions will be binding upon each subcontractor.

1.7 STATE WAGE RATES

A. The Contractor shall be responsible for obtaining the current list of rates and familiarizing himself with applicable provisions of the New Jersey Prevailing Wage Act, Chapter 150, of the Laws of 1963 as amended, governing the prevailing rates of wages for workmen who are employed on this project. All provisions of said Wage Act and amendments thereto shall be considered part of this Contract and made a part thereof.

B. The Bidder does, by submitting the Proposal, declare and represent to the Owner that he is aware of the provisions of said Wage Act with relation to the prevailing rates of wages for workmen to be employed on this project.

C. The Bidder does also declare and represent that in the event of any re-determination of such prevailing rates at any time before the execution and delivery of the Contract between the Bidder and the Owner for the work of construction of the project, or at any time thereafter, the new rates, if any, will become the applicable minimum rates for work performed thereafter under said Contract. No increase in the Contract price shall be claimed by the Bidder, and no such increase will be granted by the Owner as a result of such re-determination.

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1.8 PREVAILING WAGES

A. Attention is called specifically to the requirements of Chapter 10, Title 34, Revised Statutes providing, as a condition of this Contract, the establishment of an eight (8) hour working day for laborers, workmen and mechanics and requiring payment of prevailing rates of wages.

B. If required in this Contract, and so stated in the Notice to Contractors (Advertisement), the Contractor will be required to comply with the provisions of the New Jersey Prevailing Wage Act, the payment of prevailing wages and for the proper documentation of such payments.

The Contractor agrees:

1. That it will fully comply with all the provisions of Chapter 150 of the New Jersey Laws of 1963, known as the New Jersey Prevailing Wage Act;

2. That all workmen employed by this Contractor, or by any subcontractors working under this Contractor, shall be paid not less than the Prevailing Wage Rate for the particular craft or trade, in the locality within which the job site herein is located, as determined by the Department of Labor and Industry of the State of New Jersey; and

3. That in the event it is found that any workman, employed by this Contractor, or by any subcontractor covered by the within Contractor, has been paid a rate of wages less than the prevailing wage required to be paid by such Contract, the Owner may terminate the right of this Contractor or of his subcontractor to (1) proceed with the work, or such part of the work, as to which there has been a failure to pay the required wages, and to (2) prosecute the work to completion or otherwise;

and in the event of such termination, the Contractor and his sureties shall be liable to the Owner for any excess costs occasioned thereby.

C. Wage Rate Determination on File: Copies of the Act cited above and of the New Jersey Department of Labor Prevailing Wage Rate Determination for this project are available at the office of the Department of Labor, Division of Workplace Standards; office of Wage and Hour Compliance; Labor Building, Trenton, New Jersey 08625-0389.

Applicable rates are those in effect at the date on which a contract is awarded, and must be kept current as indicated. The most current Prevailing Wage Rate Determination may be obtained by contacting the NJ Division of Wage and Hour Compliance at (609) 292-2259 or through their website at:

http://wnjpin.state.nj.us/pw/prevwage.html

D. Wage Rates - A Condition of Contract: Bidders should familiarize themselves with the above cited Act and the particular wage rate determination for this project since they will be attached to and made a condition of the Contract to be executed for this project.

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1.9 ACCESS TO THE WORK AND TO CONTRACTOR’S DOCUMENTS

A. The representative of the Owner and the Department of Labor and Industry shall be afforded access to the work under this Contract whether it is in preparation or progress.

The Contractor shall provide proper facilities for such access and inspection.

B. The Owner, or any of their authorized representatives, shall have access to any books, documents, papers, and records of the Contractor which are pertinent to the project for the purpose of making audit, examination, excerpts, and transactions thereof.

1.10 EMPLOYMENT OF VETERANS

A. The Contract agrees to provide certification that special consideration, consistent with existing applicable collective bargaining agreements and practices, shall be given to the employment on the project of qualified disabled veterans as defined in 38 USC 2011 (1), and to qualified Vietnam-era veterans, as defined in 38 USC 2011 (2) (A).

1.11 PROJECT RECORDS

A. The Contractor shall establish, maintain, and preserve and require each of its subcontractors to establish, maintain, and preserve property management, project performance financial management payrolls, and reporting documents and systems, and such other books, records, and other data pertinent to the project as the Government may require. While such records shall be retained for a period of three

(3) years following receipt of final payment by the Owner, detailed exceptions are stated in 13 CFR 309.9.

1.12 NON-SEGREGATED FACILITIES

A. A certification of Non-segregated Facilities, as required by the May 9, 1967 order (32 F.R. 7439, May 19, 1967) on Elimination of Segregated Facilities, by the Secretary of Labor, must be submitted prior to the award of subcontract exceeding $10,000.

B. Contractors receiving subcontract awards exceeding $10,000 will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontractors exceed $10,000.

The successful bidder and all subcontractors shall deliver to each labor union or other organization of workers for whose membership employees will be hired, the "Notice to Labor Unions or Other Organizations of Workers". Each Contractor and subcontractor must also sign and submit to the Owner, for retention, a copy of the “Non-segregated Facilities". Copies of the Notice of Labor Unions or Other organizations of Workers, Non-discrimination in Employment", and "Certifications of Non-segregated Facilities" shall be in accordance with the forms which appear on the following pages:

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1.13 DOMESTIC MATERIALS

A. Supplement Paragraph 13.1 "Governing Law" as follows:

13.1.4 N.J.S.A 40A:11-18 et seq. providing as a condition of the Contract that only domestic materials and manufactured and farm products of the United States will be used wherever available.

1.14 POLITICAL CONTRIBUTION DISCLOSURE FORM

A. In accordance with N.J.S.A 40A:11-51, “Pay to Play,” Contracts exceeding $17,500.00 are not to be entered into with business entities unless certain disclosures are made about political contributions.

1. In accordance with N.J.S.A 40A:11-51, Contractor shall be required to disclose political contributions made, if any, ten (10) days before entering into Contract in accordance with C.271 form. All bidders must complete this form and submitted with Bid Proposal Forms.

1.15 COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND DIVESTMENT ACT

OF 2010

A. In accordance with P.L.2012, Chapter 25, C.52:32-57, as amended and supplemented, the following Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 will be a condition of the Contract as follows:

1. 3.a. A person or entity that, at the time of bid or proposal for a new contract or renewal of an existing contract, is identified on a list created pursuant to subsection b. of this section as a person or entity engaging in investment activities in Iran as described in subsection f. of section 2 of this act, shall be ineligible to, and shall not, bid on, submit a proposal for, or enter into or renew, a contract with a State agency for goods or services.

B. In accordance with P.L.2012, Chapter 25, C.52:32-58, as amended and supplemented, the following Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 will be a condition of the Contract as follows:

1. 4.a. A State agency shall require a person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract to certify, at the time the bid is submitted or the contract renewed, that the person or entity is not identified on a list created pursuant to subsection b. of section 3 of this act as a person or entity engaging in investment activities in Iran described in subsection f. of this act.

C. C.40A:11-2.1 Civil action brought on behalf of local contracting unit.

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1. 7.a. A local contracting unit as defined in and subject to the provisions of the “Local Public Contracts Law, “P.L. 1971, c.198 (C.40A:11-1 et seq.), shall implement and comply with the provisions of P.L.2012, c.25 (C.52:32-55 et al.), except that the board shall rely on the list developed by the State Department of the Treasury pursuant to section 3 of P.L.2012, c25 (C.52:32- 57).

2. 7.b. If the local contracting unit determines that a person or entity has submitted a false certification concerning its engagement in investment activities in Iran under section 4 of P.L.2012, c.25 (C.52:32-58), the local contracting unit shall report to the New Jersey Attorney General the name of that person or entity, and the Attorney General shall determine whether to bring a civil action against the person to collect the penalty prescribed in paragraph (1) of subsection a. of section 5 of P.L.2012, c.25 (C.52:32-59). The local contracting unit may also report to the municipal attorney or county counsel, as appropriate, the name of that person, together with its information as to false certification, and the municipal attorney or county counsel, as appropriate, may determine to bring such civil action against the person to collect such penalty.

1.16 VETERAN-OWNED BUSINESS ASSISTANCE ACT

A. P.L. 2011, c. 147 requires that State procurement and purchasing agencies give due consideration to Veteran Owned Businesses (VOB) in awarding contracts.

Veteran Owned Business (VOB) registration will ensure that your company will be listed in the State's NJSAVI (1) database.

1.17 CERTIFICATION OF NON-DEBARMENT FOR FEDERAL GOVERNMENT CONTRACTS

A. Pursuant to N.J.S.A 52:32-44.1, any natural person, company, firm, association, corporation, or other entity prohibited, or "debarred," from contracting with the federal government agencies, shall also be prohibited from contracting for public work in the state of New Jersey. This prohibition also extends to any affiliate organization(s) held by or subject to the control of an entity of that prohibited person or entity.

B. Prior to awarding a contract for public work, a local units must obtain written certification from the contracting person or entity through the form (Certification of Non-Debarment for Federal Government Contracts, N.J.S.A 52:32-44.1 (P.L.

2019, c406), attesting to their non-debarment from contracting with federal government agencies.

END OF SECTION 00860

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SECTION 00870 - MISCELLANEOUS REQUIREMENTS

1.1 JOB SITE MEETINGS

A. Regularly scheduled job meetings shall be held at a location and time convenient to the Owner's representatives, the Architect and the Contractor. The Prime Contractor shall attend such meetings, or be represented by a person in authority who can speak for and/or make decisions for the Contractor.

B. Attendance by the Contractor is mandatory, whether the meetings are weekly, bi-weekly or at whatever interval is determined by the Architect.

1. Unless given prior approval by the Architect, the Prime Contractor will be fined $250.00 for each regularly scheduled meeting for which they are not presented by a person in authority who can speak for and/or make decisions for the Contractor. Fine amounts shall be withheld and deducted from the Contract Sum.

1.2 STRUCTURAL SAFETY STANDARDS AND CODES

A. The standards, codes and design data referred to in the New Jersey "State Uniform Construction Code", apply to the work of the Contract, where applicable.

B. Contractor shall comply with all applicable requirements of the Uniform Fire Safety Act, N.J.S.A 52:27D-192 et seq.

1.3 OWNER'S RIGHT TO OCCUPY

A. The Owner reserves the right to occupy any portion of the Project which is ready for occupancy prior to completion and acceptance of the Project, after Local Municipal Construction Enforcing Agency approval.

B. The occupancy of any portion of the Project does not constitute an acceptance of any work nor does it waive the Owner's right to liquidated damages or constitute an acceptance of any work as the Project will be accepted as a whole and not in units. Prior to such occupancy, however, the Architect, a representative of the Owner, and the Contractor shall fully inspect the portions of the Project to be occupied, preparing a complete list of omissions of materials, faulty workmanship, or any items to be repaired, torn out or replaced. The Owner will assume responsibility for damage to premises so occupied of any items not on this list when such damage is due to greater than normal wear and tear, but does not assume responsibility for improper or defective workmanship or materials.

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1.4 OWNER'S GENERAL REQUIREMENTS

A. The Owner requires that the Contractor demonstrate a safety and health program/plan, which includes, but is not limited to first aid, fire protection, housekeeping, illumination, sanitation, personal protective equipment, medical, exit, emergency action plans and all other issues required by government Agency Having Jurisdiction over the work of this project.

B. The following Owner’s General Requirements shall be enforced during construction and until final completion of the work:

1. All construction materials and equipment shall be stored behind the construction fence.

3. No smoking on any of the Municipal Property.

4. All workers must wear shirts at all time.

5. Use of profanity will not be tolerated.

6. The Prime Contractor shall provide identification cards for their Subcontractors, employees, etc.

7. The Prime Contractor shall comply with the requirements of all local ordinances including for noise.

8. The Contractor and their subcontractors shall not interact with staff, other than those identified by the Owner as a representative of the Owner.

1.5 ENVIRONMENTAL PROTECTION

A. Conform to New Jersey Department of Environmental Protection Regulations N.J.A.C. 7:27, sub-chapters 5 and 7 and all other applicable standards.

B. Conform to New Jersey Statute N.J.S.A 26.2C-9.2 which requires that…