TOWNSHIP OF HAMILTONMERCER COUNTY ADVERTISED BID

2090 GREENWOOD AVENUE THIS BID PROPOSAL WILL BE DATE OF BID OPENINGPO BOX 00150 PUBLICLY OPENED AND READ AT

HAMILTON. NJ 08650-0150 11:00 AM ON September 27, 2012

DIVISION OF BUDGET & PURCHASINGVENDOR NAME AND ADDRESS INSTRUCTIONS

PROPOSALS MUST BE RECEIVED ON OR BEFORE THE ABOVE TIME AND DATE.LATE BIDS WILL NOT BE ACCEPTED. BIDS MAY BE MAILED OR DELIVERED INPERSON TO THE:

BID COMMITTEE, DIVISION OF BUDGET & PURCHASING,2090 GREENWOOD AVE., PO BOX 00150, HAMILTON. NJ 08650-0150

1. ALL PRICES MUST BE FOB. HAMILTON, NJ2 YOUR BID MUST BE ACCOMPANIED BY A 10% BID DEPOSIT EITHER IN THE

Ship To: FORM OF SURETY BOND OR A CERTIFIED CHECK PAYABLE TO THE TREASURER,TOWNSHIP OF HAMILTON, (DEPOSIT SHALL NOT EXCEED $20,000.)

Township of Hamilton 3. A PERFORMANCE BOND IN THE AMOUNT OF 1OOZ WILL BE REQUIREDOF THE SUCCESSFUL BIDDER

Division of Budget and Purchasing 4. A MAINTENANCE BOND IN THE AMOUNT OF 10 % WILL BE REQUIRED OF2090 Greenwood Avenue, PO Box 00150 THE SUCCESSFUL BIDDER

Hamilton, New Jersey 08650-0150 5. A PAYMENT BOND IN THE AMOUNT OF 100 % WILL BE REQUIRED OFTHE SUCCESSFUL BIDDER.

ITEMINO QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT

RBC BUILDING REPAIR AS PERSPECIFICATIONS

364 A. BOLTS1 3A, s.ILETE WITH I, I STALLATI ON$T __$

2 6 EA. PRICE TO DELETE OR ADD BOLTS (MAX. OF 6) $ $

ATTACH QUALIFYING EXPERIENCE TO BID

10% BID DEPOSIT REQUIRED100% PERFORMANCE BOND100% PAYMENT BOND

10% MAINTENANCE BOND

ANY QUESTIONS REGARDING THIS BIDPLEASE CONTACT JERRY HAIMOWITZAT WPC (609) 581-4140.

$40.00 NON REFUNDABLE FEE FOR PLANS &SPECIFICATIONS.

THIS COVER SHEET MUST BE SIGNED FORBID TO BE CONSIDERED VALID.PRE-BID MEETING ON THURSDAY, SEPTEMBER 20, 2012@ 10:00AM @ WPC, 300 HOBSON AVENUE, HAMILTON, NJ 8610

CASH DISCOUNT TERMS DELIVERY REQUIRED GRAND

DELIVERY, UNLESS OTHERWISE PRICES QUOTED FIRM TO ISSUE PURCHASE TELEPHONE NUMBERSPECIFIED IN THE PROPOSAL CAN DAYS WEEKS ORDER UNTIL FOLLOWING DATEBE MADE AFTER RECEIPT OF ORDER

SIGNATURE OF BIDDER (BID MUST BE SIGNED) TITLE _ DATE

ADDITIONALTERMS AND CONDITIONS OF THIS PROPOSAL IN BID PACKAGE

BP-5

9. A bid cannot be withdrawn after the expiration of the time set for receiving bids, norcan any changes in price or other details be made by letter, telefacsimile, e-mail, orverbal statement. Sealed bids forwarded to the Township before the time of openingbids may be withdrawn upon written application of the Bidder who shall be required toproduce evidence showing that the individual is or represents the principal or principalsinvolved in the bid. Once opened, the bid offer shall remain effective for 60 days.

10. The successful Bidder shall fully sign and return the contract to the Township ofHamilton, Division of Budget and Purchasing within ten (10) calendar days of CouncilAward.

11. A performance bond equal to 100% of the bid amount is required with this project. Aconsent of surety shall be submitted with the bid.

12. In accordance with N.J.S.A. 40 A:11-18 only American made goods and products,whenever available, are to be used in this project.

13. Dispute Resolution Procedures (N.J.S.A. 40A:11-50). Disputes arising under thiscontract shall be subject to mediation or non-binding arbitration at the sole discretion ofHamilton Township before a construction industry mediation or arbitrator or panelsthereof as approved by the American Arbitration Association. The mediation or non-bind arbitration shall be subject to and conducted in accordance with the rules of theAmerican Arbitration Association.

14. Familiarity with Work: It is the obligation of the Bidder to determine the conditions tobe found at the project location including all physical characteristics above, on andbelow the surface of the ground; read the specifications, consider anything which canaffect the work under the contract and make the necessary investigations. The Bidderagrees to this obligation by signing the contract. The Township assumes noresponsibility whatsoever to ascertain for the Contractor information concerningphysical characteristics at the project site. The Contractor agrees that he will make noclaim for additional payment or extension of time for completion of the work or anyother concession because of any misinterpretation or misunderstanding of the contract,on their part, or of any failure to fully acquaint their self with all the conditions.

15. Interpretation and Addenda

A. The Bidder understands and agrees that its bid is submitted on the basis of thespecifications prepared by the Township. The Bidder accepts the obligation tobecome familiar with these specifications.

B. Bidders are expected to examine the specifications and related documents withcare and observe all their requirements. Ambiguities, errors or omissions notedby Bidders should be promptly reported in writing to the appropriate official. Inthe event the Bidder fails to notify the Township of such ambiguities, errors oromissions, the Bidder shall be bound by the bid.

C. No oral interpretation of the meaning of the specifications will be made to anyBidder. Every request for an interpretation shall be made in writing, addressed

to the Township's representative stipulated in the bid. In order to be givenconsideration, written requests for interpretation must be received at least three(3) days prior to the date fixed for the opening of the bids. Any and all suchinterpretations and any supplemental instructions will be in the form of writtenaddenda to the specifications, and will be distributed to all prospective Bidders,in accordance with N.J.S.A. 40A: 11-23. All addenda so issued shall become partof the contract documents, and shall be acknowledged by the Bidder in the bid.The Township's interpretations or corrections thereof shall be final.

D. All Bid Addenda will be issued on the Township website (www.hamiltonni.com).Therefore, all interested respondents should check the website periodicallythrough bid opening. It is the sole responsibility of the respondent to beknowledgeable of all addenda related to this procurement.

E. Bidders shall comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17-27et seq.

16. Bidders are required to comply with the requirements of "P.L. 1975. C. 127 (NJAC17:27)". (Affirmative Action Law)

17. Bidders are required to comply with the requirements of "P.L. 2005, c.271, 3 (Pay-to-Play Law).

18. Bidders are required to comply with the requirements of "P.L. 2004 Chapter 57" andsupply a New Jersey Business Registration Certificate.

19. The Township reserves the right to reject any or all bids.

20. The Non-Collusion Affidavit must be completed and notarized. Failure to meet thisrequirement will result in bid rejection.

21. No maintenance bond is required for this project.

22. If the Bidder intends to use subcontractors, Bidder must receive permission from theTownship. All subcontractors must be listed in the bid package.

23. Bidders shall provide an insurance certificate to the Township naming the Township andits employees as also insured in the limits as follows:

a. Workman's Compensation - as provided by New Jersey State Statute;

b. General Liability Insurance - $1,000,000 combined single limit, broad form CGL coverage,blanket contractual, and XCU coverage; and

c. Automotive Insurance - $1,000,000 combined single limit

24. The contractor shall list all subcontractors.

25. The Bidder shall provide 3 references for similar work in excess of $35,000 completed in the last2 years.

1. Name

Contact information

Total Contract Price

Scope of Work

2. Name

Contact information

Total Contract Price

Scope of Work

3. Name

Contact information

Total contract Price

Scope of Work

Project Administrative Requirements

1. The Hamilton Township Water Pollution Control Department will designate a ProjectManager (WPC Project Manager) who will be the principal point of contact for the

project.

2. The Township's work schedule consists of 8:00 A.M. to 4:00 P.M., excluding Townshipholidays. Should the Contractor choose to work outside this schedule, includingholidays, he will be required to pay the wages of the Township Inspector. These wageswill be computed on an overtime basis and deducted from any monies due to the

contractor.

3. The operation of the RBC building is critical to the operation of the treatment plant. Thecontractor shall schedule his work so that no more than one row of RBCs is shut down.If a row is shut down for more than 2 days, then no other row can be shut down for aweek.

4. The Contractor must give 7 days notice if he wishes to block access to the outside of the

building at any one location for more than one 8 hour work day.

5. Contract Time - Work for this project shall be completed as soon as possible after

contract award. The contractor will have 90 calendar days from notice to proceed tocomplete all work. Should plant operations require that the owner deny access to thejob in such a manner that the job is delayed, then the owner will grant one day of time

extension for every day that access is denied.

6. The Township will hold a preconstruction meeting after contract signing. Allsubcontractors must attend the preconstruction meeting. The contractor shall provide adraft schedule at the preconstruction meeting. All shop drawings shall be submittedwithin 10 calendar days of the preconstruction meeting. Within five calendar days offinal shop drawing approval, the contractor shall submit a final schedule.

7. The Contractor shall provide an emergency phone number at which he and thesubcontractors can be reached twenty-four (24) hours a day until completion of thisproject.

8. The RBC building is a low risk confined space. No written permit is required. Thecontractor must continuously monitor oxygen level when inside the building.

Payment

1. Hamilton Township is on a semi-monthly payment cycle to Contractors for workperformed or goods provided. All payments under the contract shall be made by theTownship within thirty (30) days of the submission and approval of billing (NJSA 2A:30-A2). Only one payment per month will be made.

2. The contractor shall submit a properly executed voucher with appropriate back up andbreak down of charges against each pay item for each payment.

ADDITIONAL TERMS AND CONDITIONS

1. F.O.B. Destination does not cover "spottng" but happen or occur upon or about such work and alldoes include delivery on the receiving platform of fines, penalties and loss incurred for or by reasonthe ordering agency. No additional changes will be of the violation of any Township ordinanceallowed for any transportation cost resulting from regulation, or the laws of the State, or Unitedpartial shipments made at vendors convenience States, while the said work is in progress.when a single shipment is ordered. Institution or Contractor will carry insurance to indemnify thedepartment weights and measures govern. Township against any claim for loss, damage or

injury to property or persons arising out of the2. Prices listed are firm for complete deliveries of performance Contractor or his/her employees and

quantities specified. agents of the services covered by the contract andthe use, misuse or failure of any equipment used

3. All goods are to be filled at the prices listed. by the Contractor or his/her employees or agents,Voucher Form in duplicate together with original and shall provide certificates of such insurance toB/L, express receipt and other related papers the Township.

must be sent to the delivery point on the date ofeach delivery. 8. It is understood by all parties that if, during the life

of the contract, the contractor disposes of his4. Material delivered against this order is NOT subject business by sale, transfer or by any means to

to Federal Excise Taxes of New Jersey Sales Tax. another party, all obligations are transferred toExemption Certificate will be submitted upon such purchaser.request.

9. Time, in connection with discount offered, will be5. The parties to this contract do hereby agree that computed on the following basis: date or delivery

the provisions on N.J.S.A. 10:21-1 through 10:2- of the supplies to the Using Agency; date correct4 and chapter 127, P.L. 1975, dealing with Township Voucher Form properly certified by thediscrimination in employment on public contractor is received; date properly executedcontracts, and the Rules and Regulations contract (where requi-red) is received or datepromulgated pursuant thereunto, are hereby materials are approved in the event laboratory ormade a part of this contract and are binding other tests are required, whichever is the latest.upon them.

10. The Vendor must comply with all local, state and6. The vendor shall hold and save the Township of federal laws, rules and regulations applicable to

Hamilton, its officer, agents, servants and this contract and to the work to be doneemployees, harmless from liability and any nature hereunder.of kind for or on account of the use of anycopyrighted or uncopyrighted composition, 11. Cash discounts of less than 1% or for periods ofsecret process, patented, or unpatented less than thirty (30) days will not be considered asinvention, article or appliance furnished or used evaluation factors.in the performance of this contract.

12. The Township reserves the right to waive any7. If it becomes necessary for the Vendor, either as informality in the bidding, to reject any or all bids

and protections against the occurrences of and to award in whole or in part, if deemed in thehappening of any accidents, injuries, damages or best interests of the Township.hurt to any person or property during theprogress of the work herein covered, and to be 13. Where applicable, the New Jersey Prevailing Wageresponsible for, and to indemnify and save Act, P. L. 1963 Ch. 150, is hereby made part ofharmless the Township from the payment of all ever, contract entered into by the township.sums of money by reason of all, or any, suchaccidents injuries, damages or hurt that may

NOTICE

TO ALL PUBLIC WORKS EMPLOYERS:

Please be advised that effective February 18, 1992 RegulationN.J.A.C. 12:60-2.1 and 6.1 of the New Jersey Prevailing WageAct, N.J.S.A. 34:11-56.25 et seq requires that certified payrollrecords must be submitted to the public body for eachemployee on the project. The General Contractor isresponsible for ensuring that each sub-contractor submits thecertified payroll within ten (10) days of the payment of wages.The public body shall receive, file and make available forinspection during normal business hours the certified payrollrecords.

A copy of the certified payroll form maybe beobtained by contracting the New JerseyDepartment of Labor, Division of Wage andHour Compliance, Public Contracts Section,PO Box 389, Trenton, NJ 08625-0389,telephone (609) 292-2259.

CERTIFICATE PURSUANT TO PUBLIC LAW 1999 CHAPTER 238

PLEASE PROVIDE A CURRENT COPY OFYOUR COMPANIES PUBLIC WORKSCONTRACTOR REGISTRATION ACTCERTIFICATE. PURSUANT TO PUBLIC LAW1999 CHAPTER 238 THE PUBLIC WORKSCONTRACTOR REGISTRATION ACT, THISCERTIFICATE OF REGISTRATION IS FORPURPOSES OF BIDDING ON ANDENGAGING IN PUBLIC WORK. FAILURE TOPROVIDE THIS INFORMATION MAYRESULT IN BID REJECTION.

STOCKHOLDER DISCLOSURE CERTIFICATION

The following form must be completed by all bidders. Failure to submit this form with your bid

will cause rejection of your bid. See Item 4 of Requirements and Specifications.

COMPANY NAME

COMPANYADDRESS

1. I CERTIFY THAT THE LIST BELOW CONTAINS THE NAMES AND HOME

ADDRESSES OF All STOCKHOLDERS HOLDING 10% OR MORE OF THEISSUED AND OUTSTANDING STOCK OF THE UNDERSIGNED.

2. I CERTIFY THAT NO ONE STOCKHOLDER OWNS 10% OR MORE OF THE

ISSUED AND OUTSTANDING STOCK OF THE UNDERSIGNED.

3. El NO INDIVIDUAL IN THIS CORPORATION OWNS 10% OR MORE OF THE

STOCK.

4. NO INDIVIDUAL IN THIS PARTNERSHIP OWNS 10% OR MORE OF

THE STOCK.

5. THIS COMPANY IS SOLELY OWNED BY:

NAME OF OWNER

STOCKHOLDERS OWNING 10% OR MORE:

DATE SIGNATURE:

PRINT NAME:

OFFICIAL TITLE:

REMINDER:THIS FORM MUST BE COMPLETED AND RETURNED WITH THISBID.=============

THE FOLLOWING FORM MUST BE COMPLETED BY YOUR SURETY

COMPANY AS EVIDENCE THAT IT WILL PROVIDE A PERFORMANCE

AND/ORPAYMENT BOND IN THE AMOUNT SPECIFIED IF YOUR ARE

AWARDED THIS BID. PLEASE CHECK THE PROPER BOX AS IT RELATES

TO THE BID.

PERFORMANCE BOND / / PAYMENT BOND / /

GUARANTEE OF PERFORMANCE BOND

/ / We the undersigned, being an Insurance or Surety

Company authorized to do business in the State of New

Jersey do here-by guarantee that we shall provide a

performance bond in the amount of $

GUARANTEE OF PAYMENT BOND

/ / We the undersigned, being an Insurance or Surety

Company authorized to do business in the State of New

Jersey do here-by guarantee that we shall provide a

payment bond in the amount of $

on behalf of(Bidder's Name)

(Address)

should the above be awarded the contract for

(Description of Services or Commodities)

Surety Company:

(Name)

(Address)

(Signature)

APPENDIX AAMERICANS WITH DISABLITIES ACT OF 1990Equal Opportunity for Individuals with Disability

The contractor and the Township of Hamilton, (hereafter "owner") do hereby agree that the

provisions of Title 11 of the Americans with Disabilities Act of 1990 (The "Act") (42 U.S.C. S121 01

et seq.), which prohibits discrimination on the basis of disability by public entities in ali services,programs, and activities provided or made available by public entities, and the rules and regulations

promulgated pursuant there unto, are made a part of this contract. In providing any aid, benefit, or

service on behalf of the owner pursuant to this contract, the contractor agrees that the performance

shall be in strict compliance with the Act. In the event that the contractor its agents, servants,employees, or subcontractors violate or are alleged to have violated the Act during the performance

of this contract, the contractor shall defend the owner in any action or administrative proceeding

commenced pursuant to this Act. The contractor shall indemnify, protect and save harmless the

owner, its agents, servants, and employees from and against any and all suits, claims, losses, demands,or damages, of whatever kind or nature arising out of or claimed to arise out of the alleged violation.

The contractor shall, at its own expense, appear, defend, and pay any and all charges for legal services

and any and all costs and other expenses arising from such action or administrative proceeding or

incurred in connection therewith. In any and all complaints brought pursuant to the owner's

grievance procedure, the contractor agrees to abide by any decision of the owner which is rendered

pursuant to said grievance procedure. If any action or administration proceeding results in an award

damages against the owner, or if the owner incurs any expense to cure a violation of the ADA which

has been brought pursuant to its grievance procedure, the contractor shall satisfy and discharge thesame at is own expense.

The owner shall, as soon as practicable after a claim has been made against it, give written notice

thereof to the contractor along with full and complete particulars of the claim. If any action or

administrative proceeding is brought against the owner or any of its agent, servants, and employees,

the owner shall expeditiously forward or have forwarded to the contractor every demand, complaint,notice, summons, pleading, or other process received by the owner or its representatives.

It is expressly agreed and understood that any approval by the owner of the services provided by the

contractor pursuant to this contract will not relieve the contractor of the obligation to comply with

the Act and to defend, indenify, protect, and save harmless the owner pursuant to this paragraph.

It is further agreed and understood that the owner assumes no obligation to indemnify or save

harmless the contractor, its agent, servants, employees and subcontractors for any claim which may

arise out of their performance of this Agreement. Furthermore, the contractor expressly understands

and agrees that the provisions of this indemnification clause shall in no way limit the contractor's

obligations assumed in this Agreement, nor shall they be construed to relieve the contractor from any

liability, nor preclude the owner from taking any other actions available to it under any other

provisions of the Agreement or otherwise at law.

EEO/AFFIRMATIVE ACTION COMPLIANCE NOTICEN.J.S.A. 10:5-31 AND N.J.A.C. 17:27

GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS

All successful bidders are required to submit evidence of appropriate affirmative action compliance to theTownship and Division of Public Contracts Equal Employment Opportunit , Compliance. During areview, Division representatives will review the County files to determine whether the affirmative evidencehas been submitted by the vendor/contractor. Specifically, each vendor/contractor shall submit to theCounty, prior to execution of the contract, one of the following documents:

Goods and General Service Vendors1. Letter of Federal Approval indicating that the vendor is under an existing federally approved orsanctioned affirmative action program. A copy of the approval letter is to be provided by the vendor tothe Township and the Division. This approval letter is valid for one year from the date of issuance.

Do you have a federally-approved or sanctioned EEO/AA program? Yes E1 No ElIf yes, please submit a photo static copy of such approval.

2. A Certificate of Employee Information Report (hereafter "Certificate"), issued in accordance withN.J.A.C. 17:27-1.1 et seq. The vendor must provide a copy of the Certificate to the Township as evidenceof its compliance with the regulations. The Certificate represents the review and approval of the vendor'sEmployee Information Report, Form AA-302 by the Division. The period of validity of the Certificate isindicated on its face. Certificates must be renewed prior to their expiration date in order to remain valid.

Do you have a State Certificate of Employee Information Report Approval? Yes M No []If yes, please submit a photo static copy of such approval.

3. The successful vendor shall complete an Initial Employee Report, Form AA-302 and submit it to theDivision with $150.00 Fee and forward a cop, of the Form to the Township. Upon submission andreview by the Division, this report shall constitute evidence of compliance with the regulations. Prior toexecution of the contract, the EEO/AA evidence must be submitted.

The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on theDivision website www.state.ni.us/treasury/contract compliance.

The successful vendor (s) must submit the AA302 Report to the Division of Public Contracts EqualEmployment Opportunity Compliance, with a copy to Public Agency.

The undersigned vendor certifies that he/she is aware of the commtment to comply with therequirements of NJ.S.A. 10:5-31 and N.J.A.C. 17:27 and agrees to furnish the required forms of evidence.

The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if saidcontractor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27.

COMPANY: SIGNATURE:

PRINT NAME: TITLE:

DATE:

(REVISED 4/10)EXHIBIT B

MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE

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

N.J.A.C. 17:27

CONSTRUCTION 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, up-grading, 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 subcontractor, where applicable will, in all solicitations or

advertisements for employees placed by or on behalf of the contractor, state that all

qualified applicants will receive consideration for employment without regard to

age, race, creed, color, national origin, ancestry, marital status, affectional or

sexual orientation, gender identity or expression, disability, nationality or sex.

The contractor or subcontractor will send to each labor union, with which it has a

collective bargaining agreement, a notice, to be provided by the agency contracting

officer, advising the labor union or workers, representative of the contractor's

commitments under this act and shall post copies of the notice in conspicuous places

available to employees and applicants for employment.

The contractor or subcontractor, where applicable, agrees to comply with any

regulations promulgated by the Treasurer, pursuant to N.J.S.A. 10:5-31 et seq., as

amended and supplemented from time to time and the Americans with Disabilities Act.

When hiring or scheduling workers in each construction trade, the contractor or

subcontractor agrees to make good faith efforts to employ minority and women workers

in each construction trade consistent with the targeted employment goal prescribed by

N.J.A.C. 17:27-7.2; provided, however, that the Division may, in its discretion,

exempt a contractor or subcontractor from compliance with the good faith procedures

prescribed by the following provisions, A, B and C, as long as the Division is

satisfied that the contractor or subcontractor is employing workers provided by a

union which provides evidence, in accordance with standards prescribed by the

Division, that its percentage of active "card carrying" members who are minority and

women workers is equal to or greater than the targeted employment goal established in

accordance with N.J.A.C. 17:27-7.2. The contractor or subcontractor agrees that a

good faith effort shall include compliance with the following procedures:

Page - 1

(A) If the contractor or subcontractor has a referral agreement orarrangement with a union for a construction trade, the contractor or subcontractorshall, within three business days of the contract award, seek assurances from theunion that it will cooperate with the contractor or subcontractor as it fulfills itsaffirmative action obligations under this contract and in accordance with the rulespromulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et. seq., as supplementedand amended from time to time and the Americans with Disabilities Act. If thecontractor or subcontractor is unable to obtain said assurances from the constructiontrade union at least five business days prior to the commencement of constructionwork, the contractor or subcontractor agrees to afford equal employment opportunitiesminority and women workers directly, consistent with this chapter. If thecontractor's or subcontractor's prior experience with a construction trade union,regardless of whether the union has provided said assurances, indicates a significantpossibility that the trade union will not refer sufficient minority and women workersconsistent with affording equal employment opportunities as specified in thischapter, the contractor or subcontractor agrees to be prepared to provide suchopportunities to minority and women workers directly, consistent with this chapter,by complying with the hiring or scheduling procedures prescribed under (B) below; andthe contractor or subcontractor further agrees to take said action immediately if itdetermines that the union is not referring minority and women workers consistent withthe equal employment opportunity goals set forth in this chapter.

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

(1) To notify the public agency compliance officer, the Division, and minority andwomen referral organizations listed by the Division pursuant to N.J.A.C. 17:27-5.3,of its workforce needs, and request referral of minority and women workers;

(2) To notify any minority and women workers who have been listed with it as awaitingavailable vacancies;

(3) Prior to commencement of work, to request that the local construction trade unionrefer minority and women workers to fill job openings, provided the contractor orsubcontractor has a referral agreement or arrangement with a union for theconstruction trade;

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

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

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

Page - 2

(i) The contactor or subcontractor shall interview the referred minority or womenworker.

(ii) If said individuals have never previously received any document or certificationsignifying a level of qualification lower than that required in order to perform thework of the construction trade, the contractor or subcontractor shall in good faithdetermine the qualifications of such individuals. The contractor or subcontractorshall hire or schedule those individuals who satisfy appropriate qualificationstandards in conformity with the equal employment opportunity and non-discriminationprinciples set forth in this chapter. However, a contractor or subcontractor shalldetermine that the individual at least possesses the requisite skills, and experiencerecognized by a union, apprentice program or a referral agency, provided the referralagency is acceptable to the Division. If necessary, the contractor or subcontractor

shall hire or schedule minority and women workers who qualify as trainees pursuant tothese rules. All of the requirements, however, are limited by the provisions of (C)

below.

(iii) The name of any interested women or minority individual shall be maintained ona waiting list, and shall be considered for employment as described in i) above,whenever vacancies occur. At the request of the Division, the contractor orsubcontractor shall provide evidence of its good faith efforts to employ women andminorities from the list to fill vacancies.

(iv) If, for any reason, said contractor or subcontractor determines that a minorityindividual or a woman is not qualified or if the individual qualifies as an advancedtrainee or apprentice, the contractor or subcontractor shall inform the individual inwriting of the reasons for the determination, maintain a copy of the determination in

its files, and send a copy to the public agency compliance officer and to theDivision.

(7) To keep a complete and accurate record of all requests made for the referral ofworkers in any trade covered by the contract, on forms made available by the Divisionand submitted promptly to the Division upon request.

(C) The contractor or subcontractor agrees that nothing contained in (B)above shall preclude the contractor or subcontractor from complying with the unionhiring hall or apprenticeship policies in any applicable collective bargainingagreement or union hiring hall arrangement, and, where required by custom oragreement, it shall send journeymen and trainees to the union for referral, or to theapprenticeship program for admission, pursuant to such agreement or arrangement.However, where the practices of a union or apprenticeship program will result in the

exclusion of minorities and women or the failure to refer minorities and women

consistent with the targeted county employment goal, the contractor or subcontractorshall consider for employment persons referred pursuant to (B) above without regardto such agreement or arrangement; provided further, however, that the contractor orsubcontractor shall not be required to employ women and minority advanced traineesand trainees in numbers which result in the employment of advanced trainees andtrainees as a percentage of the total workforce for the construction trade, whichpercentage significantly exceeds the apprentice to journey worker ratio specified in

the applicable collective bargaining agreement, or in the absence of a collectivebargaining agreement, exceeds the ratio established by practice in the area for said

construction trade. Also, the contractor or subcontractor agrees that, in

implementing the procedures of (B) above, it shall, where applicable, employ minority

and women workers residing within the geographical jurisdiction of the union.

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After notification of award, but prior to signing a construction contract,the contractor shall submit to the public agency compliance officer and theDivision an initial project workforce report (Form AA 201) electronically provided tothe public agency by the Division, through its website, for distribution to andcompletion by the contractor, in accordance with N.J.A.C. 17:27-7. The contractoralso agrees to submit a copy of the Monthly Project Workforce Report once a monththereafter for the duration of this contract to the Division and to the public agencycompliance officer.

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

(D) The contractor and its subcontractors shall furnish such reports orother documents to the Division of Public Contracts Equal Employment OpportunityCompliance as may be requested by the Division from time to time in order to carryout the purposes of these regulations, and public agencies shall furnish suchinformation as may be requested by the Division of Public Contracts Equal EmploymentOpportunity Compliance for conducting a compliance investigation pursuant toSubchapter 10 of the Administrative Code (NJAC 17:27).

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CONSTRUCTION CONTRACTS

A. All successful construction contractors must submit the followingform of evidence to the Township of Hamilton.

1. Completed Form AA20! (supplied by the Township ofHamilton) to be submitted at the time the vendor returnsthis contract to the Township.

The undersigned contractor certifies that he is aware of thecommitment to comply with the requirements pf P.L. 1975, C. 127 (NJAC17:27) and agrees to furnish the required documentation pursuant tothe Law.

Company:

Signature:

Title:

NOTE: A contract must be rejected as non-responsive if a contractor failsto comply with the requirements of P.L. 1975, C. 127 (NJAC 17:27)

NON-COLLUSION AFFIDAVIT

State of New JerseyCounty of SS:

I, residing mi(Name of Affiant) (Name of Mumcipality)

in the County of and State of of fullage, being duly sworn according to law on my oath depose and say that:

I am of the firm of(Title or Position) (Name of Firm)

the bidder making this Proposal for the bid proposal entitled .,(Title of Bid Proposal)

and that I executed the said proposal with full authority to do so that said bidder has not, directly or

indirectly entered into any agreement, participated in any collusion, or otherwise taken any action inrestraint of free, competitive bidding in connection with the above named project; and that all statementscontained in said proposal and in this affidavit are true and correct, and made with full knowledge thatthe relies upon the truth of the statements contained in

(Name of Contracting Unit)said proposal and in the statements contained in this affidavit in awarding the contract for the said project.

I further warrant that no person or selling agency has been employed or retained to solicit or secure suchcontract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee,except bona fide employees or bona fide established commercial or selling agencies maintained by

Subscribed and sworn to before me this day

(Type or Print Name of Affiant Under Signature)

Notary Public Of

My Commission expires

Documents and Informational Forms Check List

The following documents and forms are to be submitted with the bid. Please initial in

the space provided that the item has been included with the bid or the direction has

been followed

Item Initials verifying Required for

inclusion this bid

1. Bid guarantee pursuant to Section 21 of P.L. 1971

c.198; N.J.S.A. 40A:11-21 X

2. A certificate from a surety company pursuant to

section 22 of P.L. 1971, c.198;

N.J.S.A. 40A:11-22x

3. A Stockholder Disclosure Certification pursuant

to Section 1 of P.L. 1977, c.33;

N.J.S.A. 52:25-24.2 X

4. A listing of subcontractors pursuant to Section 16

of P.L. 1971, c.198; N.J.S.A. 40A:11-16 X

5. List of references X

6. Surety Disclosure Statement and Certification

consistent with the requirements of N.J.S.A.

2A:44-143. X

7. Signature on form certifying the bidder is aware of

the commitment to comply with the requirements of

P.L 1975, c. 127 X

8. Completion of information required on the proposal

page and signature of bidder on the page in the

space provided. X

9. Completion of Non-Collusion Affidavit. X

1O.Certificate Pursuant to Public Law 1999 Chapter 238 X

Contractors Registration Act.

11. Certificate Pursuant to Public Law 2004 Chapter 57, _X

Business Registration Certificate

Acknowledgement of Addenda

Addendum No. Date Received Addendum No. Date Received

Name of Company

Name of signer(Please print of type)

Signature of person completing this form