Traffic_Signal_Cable_Conductors.pdf

INVITATION TO BID

2022-35

TRAFFIC SIGNAL CABLE CONDUCTORS

City of Newark

47-63 Green Street, 1st Level

Newark, NJ 07102

RELEASE DATE: June 10, 2022

DEADLINE FOR QUESTIONS: June 16, 2022

RESPONSE DEADLINE: June 23, 2022, 10:15 am

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/newarknj https://secure.procurenow.com/portal/%7bproject.government.code%7d

INVITATION TO BID

Traffic Signal Cable Conductors

I. Legal Notice II. Introduction

III. Instructions to Bidders and Statutory Requirements IV. Conditions for Pricing V. Specifications

VI. Vendor Submissions VII. Pricing Proposal

Invitation to Bid #2022-35 Title: Traffic Signal Cable Conductors

1. LEGAL NOTICE

1.1. Notice To Bidders

DEPARTMENT OF ADMINISTRATION

CITY OF NEWARK

Visit Vendor Opportunities at our website: www.newarknj.gov

Sealed proposals will be received up to and until 10:15 A.M. on date indicated and then publicly opened and read: Thursday, June 23, 2022. Any bid received after 10:15 am shall not be accepted in the

ProcureNow system. Only electronic bids shall be accepted.

No bidder may submit more than one bid. Proposals shall be submitted via the City's e-Procurement

Portal, ProcureNow (https://secure.procurenow.com/portal/newarknj). Contract documents, including surety requirement, may be obtained at DIVISION OF CENTRAL PURCHASING 47-63 GREEN STREET, NEWARK, N.J. Bids will be accepted and will be opened at the time all sealed bids are received and announced.

All bids are subject to the provisions of Chapter 2, revised Ordinance of the City of Newark, Sec.

2:4:14(A) entitled, “Contracts with City and stipulations as to prevailing wages and working conditions”.

The applicable wage and benefit rates under the law are those issued by Federal Department of Labor in their SCA determination for Essex County.

Pursuant to Newark's prevailing wage stipulations, the "contract shall provide for annual adjustments of the prevailing wage for building services during the term of the contract.

Contract or contracts will be awarded to the lowest responsible bidder. The City reserves the right to reject bids and to waive informalities in accordance with applicable laws, N.J.S.A. 40A:11-4, 40A:11-13.2 and 40A:11-23.2, and, to award the contract or contracts in whole or any part thereof. The City reserves the right to increase or decrease the amount of the contract to cover actual requirements needed for the contract period.

Bidders must comply with N.J.S.A. 52:25-24.2 P.L. 1977, c. 33, amended by P.L. 2016, c. 43, the statement of Ownership Disclosure.

Companies/firms awarded contracts for goods, services and construction will be required to comply with the requirements of N.J.S.A. 10:5-31 et seq., P.L. 2010 c. 127 (N.J.A.C.) 17:27 et seq., and with

N.J.S.A. 52:32-44, requiring proof of business registration with the state of New Jersey. Public Law 2012

c. 25, the disclosure of investment activities in Iran, is also a non-waivable requirement.

UNTIL FURTHER NOTICE, IN-PERSON ATTENDANCE AT BID OPENINGS IS PROHIBITED due to restrictions on public gatherings under the State of Emergency. We are not conducting in person Bid/RFP openings during the competitive bidding process.

The City of Newark will conduct and broadcast the bid opening in real time at the Division of Central

Purchasing. Bidders and the public have the option of remotely accessing and viewing the bid opening in real time through Zoom conference call with visual and audio capability. Bidders can view the bid opening on Thursday, June 23, 2022 at 10:15 AM Eastern Time on zoom. The information is below:

Join Zoom Meeting https://NewarkNJ.zoom.us/j/7137371026

Meeting ID: 713 737 1026

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Meeting ID: 713 737 1026

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Jerome Wakefield, JD, QPA

Purchasing Agent, City of Newark https://newarknj.zoom.us/j/7137371026 https://newarknj.zoom.us/u/kA05NXyJH

2. INTRODUCTION

2.1. Summary

The City of Newark, NJ will receive bids via the City's e-Procurement Portal for 2022-35, Traffic Signal

Cable Conductors. Bids will be received until 10:15 am on Thursday, June 23, 2022 and then publicly opened and read aloud. Any bid received after 10:15 am shall not be accepted in the ProcureNow system.

Only electronic bids shall be accepted.

2.2. Contact Information

Phyllis Glanton

Principal Buyer

47-63 Green Street

Newark, NJ 07102

Email: glantonp@ci.newark.nj.us

Phone: (973) 733-3821

Department:

Office of Central Purchasing

Department Head:

Jerome Wakefield, JD, QPA

Qualified Purchasing Agent

2.3. Timeline

Advertisement Date June 10, 2022

Question Submission Deadline June 16, 2022, 12:00pm

Submission Deadline June 23, 2022, 10:15am mailto:glantonp@ci.newark.nj.us tel:(973)733-3821

3. INSTRUCTIONS TO BIDDERS AND STATUTORY REQUIREMENTS

3.1. Submission of Bids

A. Sealed bids shall be received by the City of Newark, via the City’s e-Procurement Portal, ProcureNow, hereinafter referred to as “City,” in accordance with public advertisement as required by law, with a copy of said notice being attached hereto and made a part of these specifications.

B. Sealed bids will be received via the City's e-Procurement Portal by 10:15 am as stated in the

Notice to Bidders, and at such time bids will be publicly opened and read aloud.

C. It is the bidder's responsibility that bids are submitted through ProcureNow at the time designated. After the designated submission due date and time bidders shall not have the ability to be entered and accepted.

3.2. Questions

Questions must be submitted through the City's e-Procurement Portal. Questions will not be accepted by any other means.

3.3. Bid Withdrawal

Sealed bids forwarded to the owner before the time of opening of bids may be withdrawn through the

City's e-Procurement Portal. To withdraw a proposal through the City's e-Procurement Portal, the responding firm may “unsubmit” their proposal in ProcureNow. After withdrawing a previously submitted proposal, the responding firm may submit another proposal at any time up to the deadline for submitting proposals.

Once bids have been opened, they shall remain firm for a period of sixty (60) calendar days.

3.4. Multiple Bids

More than one bid from an individual, a firm or partnership, a corporation, or association under the same names shall not be considered.

3.5. Pricing

A. All prices and amounts must be provided for in the Bid Proposal Form in the City’s e-

Procurement Portal Bids containing any conditions, omissions, unexplained erasures or alterations, items not called for in the bid proposal form, attachment of additive information not required by the specifications, or irregularities of any kind, may be cause for rejection by the

City in accordance with applicable law.

B. Each bid proposal form must give the full business address, business phone, fax, e-mail (if available), the contact person of the bidder, and be signed by an authorized representative as follows:

https://secure.procurenow.com/portal/newarknj

1. Bids by partnerships must furnish the full name of all partners and must be signed in the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and designation of the person signing.

2. Bids by corporations must be signed in the legal name of the corporation, followed by the name of the State in which incorporated and must contain the signature and designation of the president, secretary, or other person authorized to bind the corporation in the matter.

3. Bids by sole-proprietorship shall be signed by the proprietor.

4. When requested, satisfactory evidence of the authority of the officer signing shall be furnished.

3.6. Truth in Contracting

A. Bidder should be aware of the following statutes that represent “Truth in Contracting” laws:

1. N.J.S.A. 2C:21-34 governs false claims and representations by bidders. It is a serious crime for the bidder to knowingly submit a false claim and/or knowingly make material misrepresentation.

2. N.J.S.A. 2C:27-10 provides that a person commits a crime if said person offer benefits to public servants who solicit, accept or agree to accept any benefit, to influence the performance of an official duty or to commit a violation of an official duty.

3. N.J.S.A. 2C:27-11 provides that a bidder commits a crime if said person, directly or indirectly, confers or agrees to confer any benefit not allowed by law to a public servant.

4. Bidder should consult the statutes or legal counsel for further information.

3.7. Pay-to-Play Disclosure

Business entities are advised of their responsibility to file an annual disclosure statement of political contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A.

19:44A-20.27, if they receive contracts in excess of $50,000.00 from public entities in a calendar year.

Business entities are responsible for determining if filing is necessary. Additional information on this requirement is available from ELEC at 888-313-3532 or www.elec.state.nj.us.

3.8. Official Requests for Bid Packages

Bid packages are available on the City’s e-Procurement Portal at no cost to the prospective respondents.

All addenda are posted on this site. Potential respondents are cautioned that they are responding at their own risk if a third party supplied the specifications that may or may not be complete. The City of

Newark is not responsible for third party supplied documents. Respondents are urged to register their contact information on the website so any addenda to theses specifications can be sent to them.

3.9. Additional Requirements

A. The City will award the Contract or Contracts to the lowest responsive and responsible bidder

N.J.S.A 40A:11-4. The City reserves the right to reject bids and to waive informalities in accordance with applicable laws, including but not limited to N.J.S.A. 40A:11-4(b) and (c), N.J.S.A. 40A:11-13.2 and N.J.S.A. 40A:11- 23.2, and, to award the contract or contracts in whole or any part thereof, also, the right to cancel the contract of any contractor who fails to perform faithfully any of its stipulations or in case of a willful attempt to impose upon the City, any material inferior to the quality required by the contract and any action taken therein shall not impair any right or claim of the City of Newark to damages for breach of contract.

B. The City reserves the right to increase or decrease the amount of the contract to cover the actual requirements needed for the contract period. The City reserves the right to award contract(s) pursuant to these specifications to more than a single bidder, if, in the opinion of the

City, the demand for goods and/or services is such as to require the use of more than one supplier in order to satisfy the constraints of quantity and timeliness.

C. The vendor shall guarantee all items to be free of defect in material make-up and to be free of flaws. The vendor shall replace any and all items ascertained by the City to be flawed within forty-eight (48) hours after official notification of such, or as otherwise stated herein.

D. No officer or employee elected or appointed in any municipality shall be interested directly or indirectly in any contract or job for work or materials, or the profit thereof, to be furnished or performed for the municipality, pursuant to N.J.S.A. 40:69A-163 and R.O. 1996 § 2:4-12.

E. The bidder agrees that the goods and/or services to be provided under this agreement shall only be provided upon presentation to the bidder of a “Purchase Order” for such goods and/or services, authorized by the Purchasing Agent or authorized representative. The City shall bear no obligation to make payment for any goods and/or services provided by the bidder without such duly authorized documents. Award of any contract(s) pursuant to these specifications shall in all cases be subject to availability of funds duly appropriated for these purposes. Any contract(s) as awarded shall immediately cease to be in effect at such time as funds cease to be available for these purposes.

F. Bidders shall comply with the applicable regulations of the Secretary of Labor, United States

Department of Labor, made pursuant to the so-called "Anti- Kickback Act" (40 U.S.C. 276c) and any amendments or modifications thereto.

G. It is the strong desire of the Municipal Council that every effort be undertaken to ensure that employment opportunities be provided for Newark residents to fill positions identified within the scope of this contract. The vendor shall be required to file written employment reports on a quarterly basis throughout the term of contract with the Director of Central Purchasing and the

Office of the City Clerk.

3.10. Interpretation

A. The bidder understands and agrees that its bid is submitted on the basis of the specifications prepared by the City of Newark. The bidder accepts the obligation to become familiar with these specifications.

B. Bidders are expected to examine the specifications and related bid documents with care and observe all their requirements. Ambiguities, errors or omissions noted by bidders should be promptly reported in writing through the ProcureNow Question/Answer Tab via the District's e-

Procurement portal, on or before, Question & Answer Submission Date by Question & Answer

Submission Time. . Any prospective bidder who wishes to challenge a bid specification shall file such challenges in writing with the contracting agent no less than three (3) business days prior to the opening of the bids. Challenges filed after that time shall be considered void and have no impact on the City or the award of a contract pursuant to N.J.S.A. 40A:11-13. In the event the bidder fails to notify the City of Newark of such ambiguities, errors or omissions, the bidder shall be bound by the requirements of the specifications and the bidder’s submitted bid.

C. No oral interpretation and/or clarification of the meaning of the specifications for any goods and services will be made to any bidder. All interpretations, clarifications any supplemental instructions will be in the form of written addenda to the specifications, and will be distributed to all prospective bidders on record as following this ITB.

3.11. Addenda

All interpretations, clarifications and any supplemental instructions will be in the form of written addenda to the specifications and will be distributed to all prospective bidders. All addenda so issued shall become part of the specifications and bid documents. Any addenda shall be posted on the City's e-

Procurement Portal. Addenda notifications will be emailed to all persons on record as following this ITB.

Failure of any bidder to receive any such addenda or interpretation shall not relieve such bidder from any obligation under their bid as submitted. The City of Newark’s interpretations and corrections thereof shall be final.

Notices of revisions or addenda will be in accord with N.J.S.A. 5:34-5.3(e).

The City shall not be responsible to notify prospective bidders who have received bid packages from unauthorized third parties.

3.12. Discrepancies in Bids

If the amount shown in words and its equivalent in figures do not agree, the written words shall be binding. Ditto marks are not considered writing or printing or accepted and shall be non-responsive.

In the event that there is a discrepancy between the unit prices and the totals, the unit prices shall prevail. In the event there is an error of the summation of the totals, the computation by the Division of

Central Purchasing of the extended totals shall govern.

3.13. Pre-Bid Conference

If stated in the Notice to Bidders and provided below:

A Pre-Bid Conference will not be held.

3.14. Brand Names, Standards of Quality and Performance

A. Brand names and/or descriptions used in these specifications are to acquaint bidders with the type of commodity desired and will be used as a standard by which alternate or competitive materials offered as equivalent will be evaluated. Competitive items must be equal to the standard described and be of the same quality of work.

B. Variations between the goods and services described and the goods and services offered are to be fully identified and described by the bidder on a separate sheet and submitted with the bid proposal form. Vendor literature WILL NOT suffice in explaining exceptions to these specifications. In the absence of any written exceptions by the bidder, it will be presumed and required that the goods and services as described in the bid specification will be provided or performed.

It is the responsibility of the bidder to document and/or demonstrate the equivalency of the goods and services offered. The City reserves the right to evaluate the equivalency of the goods and services.

C. The contractor shall guarantee any or all goods and services supplied under these specifications.

Defective or inferior goods shall be replaced at the expense of the contractor. The contractor will be responsible for return freight or restocking charges.

3.15. Insurance and Indemnification

The insurance documents indicated in this solicitation shall include but are not limited to the following coverages.

The successful bidder shall provide coverage so that all insurance coverage must be in effect no later than 12:01 A.M. EST at the start of the day of the contract and remain in effect for the duration of the contract, including any extensions.

3.16. Primary Insurance

The bidder’s insurance coverage shall be primary insurance with respect to the City of Newark, its officers, officials, employees, volunteers and program participants and shall apply separately to each project or location. Any insurance or self-insurance maintained by the city of Newark, its officers, officials, employees, volunteers and program participants shall be excess of the bidder/vendor’s insurance.

3.17. Additional Insured Status

The City of Newark is to be listed as additional insured for liability arising out of activities performed by or on behalf of the bidder/vendor. This can be achieved by providing (A) and (B) below:

A. The following language on the face of the insurance certificate:

The City of Newark is included as additional insured.

B. Provide the City with a copy of the Additional Insured Broad Endorsement Form.

3.18. Worker’s Compensation Insurance

Workers Compensation insurance shall be maintained in full force during the life of the contract, covering all employees engaged in performance of the contract pursuant to N.J.S.A. 34:15-12(a) and

N.J.A.C. 12:235-1.6.

3.19. Certificates of the Required Insurance/Endorsements

Certificates of Insurance for those policies required above shall be submitted prior to the execution of the contract. Such coverage shall be with an insurance company authorized to do business in the State of New Jersey and shall name the City of Newark as an additional insured. It must be an insurer with a

Best’s rating of no less than “A” indicating compliance with the required coverages. The bidder/vendor must notify the City of Newark immediately of any material change in insurance coverage such as changes in limits, coverages, status of policy, etc. The City of Newark reserves the right to require complete copies of insurance policies at all times.

Self-insured contractors shall submit an affidavit attesting to their self-insured coverage and shall name the City of Newark as an additional insured.

3.20. Indemnification/Hold Harmless

Bidder shall indemnify and hold harmless the City of Newark, its officers, agents, servants, and employees from all claims, suits or actions, and damages or costs of every name and description to which the City of Newark may be subjected or put by reason of injury to the person or property of another, or the property of the City of Newark, resulting from:

A. Negligent acts or omissions on the part of the contractor, the contractor’s agents, servants or subcontractors in the delivery of goods and services, or in the performance of the work under the contract; and

B. The use of any copyrighted or copyrighted composition, valid trademark, secret process, patented or unpatented invention or article furnished or used in the performance of this contract.

3.21. Pricing Information for Preparation of Bids

A. The City of Newark is exempt from any local, state or federal sales, use or excise tax. The City of

Newark will not pay for N.J. State Sales and Use Tax that are included in any invoices.

B. Estimated Quantities (Open-End Contracts): The City of Newark has attempted to identify the item(s) and the estimated amounts of each item bid to cover its requirements; however, past experience shows that the amount ordered may be different than that submitted for bidding.

The right is reserved to decrease or increase the quantities specified in the specifications pursuant to N.J.A.C. 5:30-11.2 and 11.10. NO MINIMUM PURCHASE IS IMPLIED OR

GUARANTEED.

C. Contractor shall be responsible for obtaining any applicable permits or licenses from any government entity that has jurisdiction to require the same. All bids submitted shall have included this cost.

D. Bidders shall insert prices for furnishing goods and services required by these specifications.

Prices shall be net, including any charges for packing, crating, containers, etc. All transportation charges shall be fully prepaid by the contractor, F.O.B. destination and placement at locations specified by the City of Newark. As specified, placement may require inside deliveries. No additional charges will be allowed for any transportation costs resulting from partial shipments made for the contractor's convenience.

3.22. Mandatory Affirmative Action Certification

No firm may be issued a contract unless it complies with the affirmative action provisions of N.J.S.A.

10:5- 31 et seq. and N.J.A.C. 17:27-1 et seq. and submit to the State of New Jersey and/or the City of

Newark such documentation as shall be required by law, subject to the mandatory language of Exhibit A

(Goods, Professional Services and General Service Contracts) or Exhibit B (Construction Contracts).

3.23. New Jersey Anti-Discrimination

The contract for this bid shall require that the contractor agrees not to discriminate in employment and agrees to abide by all anti-discrimination laws including but not limited to N.J.S.A. 10:2-1 as included in

Attachment B of this document.

3.24. American with Disabilities Act of 1990

Discrimination on the basis of disability in contracting for the purchase of goods and services is prohibited. If awarded the contract, the contractor is required to comply with the requirements related to the Americans with Disabilities Act as provided in this specification as Attachment C. The contractor is obligated to comply with the Act and to hold the City of Newark harmless for any violations committed under the contract.

3.25. Statement of Ownership Disclosure

N.J.S.A. 52:25-24.2 provides that no business organization, regardless of form of ownership shall be awarded any contract for the performance of any work or the furnishing of any goods and services, unless, prior to the receipt of the bid or accompanying the bid of said business organization, bidders shall submit a statement setting forth the names and addresses of all persons and entities that own ten percent or more of its stock or interest of any type at all levels of ownership. The disclosure shall be continued until names and addresses of every non-corporate stockholder, individual partner, and member exceeding the ten percent ownership has been listed.

The included Statement of Ownership Disclosure form shall be completed and attached to the bid proposal. This requirement applies to all forms of business organization, including, but not limited to, limited partnerships, limited liability corporations, limited liability partnerships, sole proprietorship, and

Subchapter S corporations. Failure to submit a completed disclosure document shall result in rejection of the bid as it cannot be remedied after bids have been opened.

Not-for-profit entities should fill in their name, check the not-for-profit box, and certify the form. No other information is necessary.

3.26. Proof of Business Registration

Pursuant to N.J.S.A. 52:32-44, the City of Newark is prohibited from entering into a contract with an entity unless the bidder/proposer/contractor, and each subcontractor that is required by law to be named in a bid/proposal/contract has a valid Business Registration Certificate on file with the Division of

Revenue and Enterprise Services within the Department of the Treasury.

Prior to contract award or authorization, the contractor shall provide the City of Newark with its proof of business registration and that of any named subcontractor(s). Subcontractors named in a bid or other proposal shall provide proof of business registration to the bidder, who in turn, shall provide it to the

City of Newark prior to the time a contract, purchase order or other contracting document is awarded or authorized.

During the course of contract performance:

A. the contractor shall not enter into a contract with a subcontractor unless the subcontractor first provides the contractor with a valid proof of business registration.

B. the contractor shall maintain and submit to the City of Newark a list of subcontractors and their addresses that may be updated from time to time.

C. the contractor and any subcontractor providing goods or performing services under the contract, and each of their affiliates, shall collect and remit to the Director of the Division of

Taxation in the Department of the Treasury, the use tax due pursuant to the Sales and Use Tax

Act (N.J.S.A. 54:32B-1 et seq.) on all sales of tangible personal property delivered into the State.

Any questions in this regard can be directed to the Division of Taxation at (609) 292-6400. Form

NJ-REG can be filed online at:

www.state.nj.us/treasury/revenue/busregcert.shtml.

Before final payment is made under the contract, the contractor shall submit to the City of

Newark a complete and accurate list of all subcontractors used and their addresses.

Pursuant to N.J.S.A. 54:49-4.1, a business organization that fails to provide a copy of the business registration as required or provides false business registration information shall be liable for a penalty of

$25.00 for each day of violation, not to exceed $50,000.00, for each proof of business registration not properly provided under a contract with a contracting agency.

Emergency Purchases or Contracts

For purchases of an emergent nature, the contractor shall provide its Business Registration

Certificate within fourteen (14) days from the date of purchase or execution of the contract or prior to payment for goods or services, whichever is earlier.

3.27. American Goods and Products to be Used Where Possible

Only manufactured and farm products of the United States, wherever available, shall be used pursuant to N.J.S.A. 40A:11-18.

If boxes of the following items are checked, they are mandatory requirements of the bid proposal and contract.

3.28. Document Checklist

Bidder shall complete and confirm the Bid Submission Document Checklist and include it in the bid submission. For construction bids, failure to submit the checklist is a fatal defect and the bid will be rejected. This document serves as a guide to bidders of the documents that are required to be submitted with the bid.

3.29. New Jersey Worker and Community Right to Know Act

The manufacturer or supplier of chemical substances or mixtures shall label them in accordance with the

N.J. Worker and Community Right to Know Law (N.J.S.A. 34:5A-1 et seq. and N.J.A.C 8:59-2 et seq.). All direct use containers shall bear a label indicating the chemical name(s) and Chemical Abstracts Service number(s) of all hazardous substances in the container, and all other substances which are among the five (5) most predominant substances in the container, or their trade secret registry number(s) pursuant to N.J.A.C. 8:59-5. “Container” means a receptacle used to hold a liquid, solid or gaseous substance such as bottles, bags, barrels, cans, cylinders, drums and cartons (N.J.A.C. 8:59-1.3). Further, all applicable

Material Safety Data Sheets (MSDS) - hazardous substance fact sheet - must be furnished. All containers which are stored at City’s facilities by the contractor or subcontractors shall display RTK labeling.

Vendors with questions concerning labeling should contact the New Jersey Department of Health and

Senior Services Right to Know Program for assistance in developing proper labels.

www.nj.gov/health/workplacehealthandsafety/right-to-know/

3.30. Prevailing Wage Act

Pursuant to N.J.S.A. 34:11-56.25 et seq., contractors on projects for public work shall adhere to all requirements of the New Jersey Prevailing Wage Act. The contractor shall be required to submit a certified payroll record to the City of Newark within ten (10) days of the payment of the wages. In the event it is found that any worker, employed by the contractor or any subcontractor has been paid a rate of wages less than the prevailing wage required to be paid, the City of Newark may terminate the contractor’s or subcontractor’s right to proceed with the work, or such part of the work as to which there has been a failure to pay required wages and the contractor and subcontractor then be required to continue the work to completion or otherwise.

The contractor is also responsible for obtaining and submitting all subcontractors' certified payroll records within the aforementioned time period. The contractor shall submit said certified payrolls in the form set forth in N.J.A.C. 12:60-6.1(c). It is the contractor's responsibility to obtain any additional copies of the certified payroll form to be submitted by contacting the New Jersey Department of Labor and

Workforce Development, Division of Workplace Standards. Additional information is available at www.state.nj.us/labor/lsse/lspubcon.html.

Applicable wage rates should be included in procurement package/documents, when applicable per

N.J.S.A. 34-11-56.27 et. seq.

3.31. Public Works Contractor Registration Act

N.J.S.A. 34:11-56.48 et seq. requires that a general or prime contractor and any listed subcontractors named in the contractor’s bid proposal shall possess a certificate at the time the bid proposal is submitted. After bid proposals are received and prior to award of contract, the successful contractor shall submit a copy of the contractor’s certification along with those of all listed subcontractors. All non-listed subcontractors and lower tier sub-subcontractors shall be registered prior to starting work on the project. It is the general contractor’s responsibility that all non-listed sub-contractors at any tier have their certificate prior to starting work on the job.

Under the law a “contractor” is “a person, partnership, association, joint stock company, trust, corporation or other legal business entity or successor thereof who enters into a contract” which is subject to the provisions of the New Jersey Prevailing Wage Act (N.J.S.A. 34:11-56.25 et seq.). It applies to contractors based in New Jersey or in another state.

To register, a contractor must provide the State Department of Labor with a full and accurately completed application form. The form is available online at www.state.nj.us/labor/lsse/lspubcon.html.

N.J.S.A. 34:11-56.55 specifically prohibits accepting applications for registration as a substitute for a certificate of registration.

3.32. Darfar Investment Prohibition

Pursuant to City of Newark Ordinance 6PHS&F-b112007 bidders and contractors with investments in the

Sudan Republic must reveal such investments to the City.

3.33. Disclosure of Investment Activities in Iran

N.J.S.A. 52:32-55 prohibits State and local public contracts with persons or entities engaging in certain investment activities in energy or finance sectors of Iran. Bidders must indicate if they comply with the law by certifying the form. Pursuant to N.J.S.A. 40A:11-2.1 the City of Newark’s Contracting Agency (in this instance, City of Newark) is required to notify the New Jersey Attorney General if it determines a false certification has been submitted.

3.34. Equipment Certification

Bidder shall certify on the Equipment Certification form that they control or have access to equipment necessary to do the required work if awarded the contract. If the bidder does not own or lease the equipment, a certification from the owner of the equipment that the bidder will have access to the equipment is required with the bid (N.J.S.A. 40:11-20).

3.35. Method of Contract Award

A. The length of the contract shall be stated in the specifications. Pursuant to requirements of

N.J.A.C. 5:30-5.1 et seq., any contract resulting from this bid shall be subject to the availability and appropriation of sufficient funds annually. Please see Section titled, Termination of

Contract, for additional information.

B. If the award is to be made on the basis of a base bid only, it shall be made to that responsible bidder submitting the lowest base bid.

http://www.state.nj.us/labor/lsse/lspubcon.html

C. If the award is to be made on the basis of a combination of a base bid with selected options, it shall be made to that responsible bidder submitting the lowest net bid.

D. The City of Newark may also elect to award the contract on the basis of unit prices.

E. The form of contract shall be submitted by the City of Newark to the successful bidder. Terms of the specifications/bid package prevail. Bidder exceptions must be formally accepted by the City of Newark; material exceptions shall not be approved.

F. The City reserves the right to make award(s) to multiple vendors based on line item commodities.

3.36. Causes for Rejecting Bid

Bids may reject for any of the following reasons:

A. All bids pursuant to N.J.S.A. 40A:11-13.2;

B. If more than one bid is received from an individual, firm or partnership, corporation or association under the same name;

C. Multiple bids from an agent representing competing bidders;

D. The bid is inappropriately unbalanced;

E. The bidder is determined to possess, pursuant to N.J.S.A. 40A:11-4(b), Prior Negative

Experience; or

F. If the successful bidder fails to enter into a contract within twenty-one (21) days, Sundays and holidays excepted, or otherwise agreed upon by the parties to the contract. In this case at its option, the City of Newark may accept the bid of the next lowest responsible bidder [N.J.S.A.

40A:11-24(b)]; or

G. Criminal Conviction. Pursuant to Newark Municipal Code §2:4-17.2, Bidder must disclose any criminal conviction(s) in this state or any other jurisdiction. Any rejection by the City, based on prior conviction, shall not take place unless and until there has been a responsibility hearing held by the City.

3.37. Termination of Contract

A. If, through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations under the contract or if the contractor shall violate any of the requirements of the contract, the

City of Newark shall there upon have the right to terminate the contract by giving written notice to the contractor of such termination and specifying the effective date of termination. Such termination shall relieve the City of Newark of any obligation for balances to the contractor of any sum or sums set forth in the contract. The City of Newark will pay only for goods and services accepted prior to termination.

B. Notwithstanding the above, the contractor shall not be relieved of liability to the City of Newark for damages sustained by the City of Newark by virtue of any breach of the contract by the contractor and the City of Newark may withhold any payments to the contractor for the purpose of compensation until such time as the exact amount of the damage due the City of Newark from the contractor is determined.

C. The contractor agrees to indemnify and hold the City of Newark harmless from any liability to subcontractors/suppliers concerning payment for work performed or goods supplied arising out of the lawful termination of the contract by the City of Newark under this provision.

D. In case of default by the contractor, the owner may procure the goods or services from other sources and hold the contractor responsible for any excess cost.

E. Continuation of the terms of the contract beyond the fiscal year is contingent on availability of funds in the following year's budget. In the event of unavailability of such funds, the City of

Newark reserves the right to cancel the contract.

F. It is understood by all parties that if, during the life of the contract, the contractor disposes of his/her business concern by acquisition, novation, merger, sale and/or transfer or by any means convey his/her interest(s) to another party, all obligations are transferred to that new party. In this event, the new owner(s) will be required to submit all documentation/legal instruments that were required in the original bid/contract. Any change shall be approved by the City of

Newark.

G. The contractor will not assign any interest in the contract and shall not transfer any interest in the same without the prior written consent of the City of Newark.

H. The City of Newark may terminate the contract for convenience by providing sixty (60) calendar days advanced notice to the contractor.

I. The contractor shall maintain all documentation related to products, transactions or services under this contract for a period of five (5) years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon request.

J. For contracts that exceed one (1) year, each fiscal year payment obligation of the City of Newark is conditioned upon the availability of City funds appropriated or allocated for the payment of such an obligation. If funds are not allocated and available for the continuance of any services performed by the bidder awarded the contract (contractor) hereunder, whether in whole or in part, the City at the end of any particular fiscal year may terminate such services. The City of

Newark will notify the contractor in writing immediately of any services that will be affected by a shortage of appropriated funds. This provision shall not be construed so as to permit the City to terminate the contract during the term, or any service hereunder, merely in order to acquire identical services from another contractor.

K. Neither party shall be responsible for any resulting loss or obligation to fulfill duties as specified in any of the terms or provisions of a contract if the fulfillment of any term or provision of the contract is delayed or prevented by any revolutions, insurrections, riots, wars, acts of enemies, national emergencies, strikes, floods, fires, acts of God, or by any cause not within the control of the party whose performance is interfered with which by the exercise of reasonable diligence such party is unable to prevent. Additionally, if the fulfillment of any of the terms and provisions of the contract is delayed or prevented by any court order, or action or injunction or other such agreement, the contract shall become voidable by the City of Newark by notice to the parties.

3.38. Payment

A. No payment will be made unless duly authorized by the City of Newark’s authorized representative and accompanied by proper documentation.

B. Payment will be made in accordance with the City of Newark’s policy and procedures and in accordance with the New Jersey Prompt Payment Act (N.J.S.A. 52:32-32).

C. The City of Newark may withhold all or partial payments on account of subsequently discovered evidence including but not limited to the following:

1. Deliverables not complying with the project specification;

2. Claims filed or responsible evidence indicating probability of filing claims;

3. A reasonable doubt that the contract can be completed for the balance then unpaid.

When the above grounds are cured, payment shall be made for amounts withheld because of them.

D. Public funds may be used to pay only for goods delivered or services rendered. The City of

Newark shall not pay penalties and/or interest on overdue bills unless otherwise required by law. No employee is authorized to sign a letter of credit or any other document that represents a legal commitment on the part of the City to pay additional fees.

E. Withholding Services. By entering into this contractual agreement with the City, the vendor specifically gives up its right to “Self Help” by withholding services from the City under this contract because of overdue payments or disputes on other agreements or contracts the vendor holds with the City. Failure to comply with this clause shall be construed as a “Default” under the terms and conditions of this contract.

3.39. Other Provisions

A. Both parties agree to comply with all requirements of the Federal Health Insurance Portability and Accountability act of 1996 (“HIPPA”) as may be amended from time to time, and the corresponding HIPPA regulations for the confidentiality and security of medical information. If awarded the bid, the contract shall:

1. Not use or disclose protected health information other than as permitted or required by law

2. Use appropriate safeguards to protect the confidentiality of the information

3. Report any use or disclosure not permitted

The bidder, by execution of the contract, shall thereby indemnify and hold the City of

Newark harmless from any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the failure of the contractor to comply with the requirements of

HIPPA or any other statute or case law protecting the privacy of persons using its services.

B. The City of Newark shall retain all of its rights and interest in any and all documents and property both hard copy and digital furnished by the City to the successful bidder (contractor) for the purpose of assisting the contractor in the performance of the contract. None of the documents and/or property shall, without the written consent of the City, be disclosed to others or used by the contractor or permitted by the contractor to be used by their parties at any time except in the performance of the resulting contract.

The contractor shall not have the right to use, sell, or disclose the total of the interim or final work products, or make available to third parties, without the prior written consent of the City.

Any information supplied to the City may be required to be supplied on CD/DVD or USB flash drive media compatible with Microsoft Windows and Microsoft Office Suite 2010 or greater.

C. Proof of licensure for any activity regulated by the State of New Jersey and required to do the work required under this specification, for either the firm or the person responsible for the work, shall be provided as required by the City of Newark.

3.40. MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE N.J.S.A.

10:5-31 et seq. (P.L. 1975, C.127) and N.J.A.C. 17:27 et seq.

GOODS, GENERAL SERVICES, AND PROFESSIONAL SERVICES CONTRACTS

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

The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following:

employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause.

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

The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union of the contractor's commitments under this chapter 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.

The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with N.J.A.C. l7:27-5.2.

The contractor or subcontractor agrees to inform, in writing, its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, and labor unions, that it does not discriminate on the basis of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.

The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions.

In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable

Federal court decisions.

The contractor shall submit to the public agency, after notification of award, but prior to execution of a goods and services contract, one of the following three documents:

Letter of Federal Affirmative Action Plan Approval;

Certificate of Employee Information Report; and

Employee Information Report Form AA-302

The contractor and its subcontractors shall furnish such reports or other documents to the Division of

Purchase & Property, CCAU, EEO Monitoring Program, as may be requested by the office from time to time, in order to carry out the purposes of these regulations. Public agencies shall furnish such information, as may be requested by the Division of Purchase & Property, CCAU, EEO Monitoring

Program, for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative

Code at N.J.A.C. 17:27.

3.41. NEW JERSEY ANTI-DISCRIMINATION PROVISIONS N.J.S.A. 10:2 et seq.

Pursuant to N.J.S.A. 10:2-1, if awarded a contract, the 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 or 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, gender identity or expression, affectional or sexual orientation or sex, discriminate against any person who is qualified and available to perform the work to which the employment relates;

B. No contractor, subcontractor, nor 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, gender identity or expression, affectional or sexual orientation or sex;

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 person 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 canceled 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.

No provision in this section shall be construed to prevent a board of education from designating that a contract, subcontract or other means of procurement of goods,…