Township Council Meeting — Packet

, 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 Dept. of LWD, Construction EEO Monitoring Program, 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 Dept. of LWD, Construction EEO Monitoring Program is satisfied that the contractor or subcontractor is employing workers provided by a union which provides evidence, in accordance with standards prescribed by the Dept. of LWD, Construction EEO Monitoring Program, 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: GC-10

(A) If the contractor or subcontractor has a referral agreement or arrangement with a union for a construction trade, the contractor or subcontractor shall, within three business days of the contract award, seek assurances from the union that it will cooperate with the contractor or subcontractor as it fulfills its affirmative action obligations under this contract and in accordance with the rules promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et. seq., as supplemented and amended from time to time and the Americans with Disabilities Act. If the contractor or subcontractor is unable to obtain said assurances from the construction trade union at least five business days prior to the commencement of construction work, the contractor or subcontractor agrees to afford equal employment opportunities minority and women workers directly, consistent with this chapter. If the contractor's or subcontractor's prior experience with a construction trade union, regardless of whether the union has provided said assurances, indicates a significant possibility that the trade union will not refer sufficient minority and women workers consistent with affording equal employment opportunities as specified in this chapter, the contractor or subcontractor agrees to be prepared to provide such opportunities to minority and women workers directly, consistent with this chapter, by complying with the hiring or scheduling procedures prescribed under (B) below; and the contractor or subcontractor further agrees to take said action immediately if it determines that the union is not referring minority and women workers consistent with the equal employment opportunity goals set forth in this chapter. (B) If good faith efforts to meet targeted employment goals have not or cannot be met for each construction trade by adhering to the procedures of (A) above, or if the contractor does not have a referral agreement or arrangement with a union for a construction trade, the contractor or subcontractor agrees to take the following actions: (1) To notify the public agency compliance officer, the Dept. of LWD, Construction EEO Monitoring Program, and minority and women referral organizations listed by the Division pursuant to N.J.A.C. 17:27-5.3, of its workforce needs, and request referral of minority and women workers; (2) To notify any

d women referral organizations listed by the Division pursuant to N.J.A.C. 17:27-5.3, of its workforce needs, and request referral of minority and women workers; (2) To notify any minority and women workers who have been listed with it as awaiting available vacancies; (3) Prior to commencement of work, to request that the local construction trade union refer minority and women workers to fill job openings, provided the contractor or subcontractor has a referral agreement or arrangement with a union for the construction trade; (4) To leave standing requests for additional referral to minority and women workers with the local construction trade union, provided the contractor or subcontractor has a referral agreement or arrangement with a union for the construction trade, the State Training and Employment Service and other approved referral sources in the area; (5) If it is necessary to lay off some of the workers in a given trade on the construction site, layoffs shall be conducted in compliance with the equal employment opportunity and nondiscrimination standards set forth in this regulation, as well as with applicable Federal and State court decisions; (6) To adhere to the following procedure when minority and women workers apply or are referred to the contractor or subcontractor: (i) The contactor or subcontractor shall interview the referred minority or women worker. (ii) If said individuals have never previously received any document or certification signifying a level of qualification lower than that required in order to perform the work of the construction trade, the contractor or subcontractor shall in good faith determine the qualifications of such individuals. The contractor or subcontractor shall hire or schedule GC-11

those individuals who satisfy appropriate qualification standards in conformity with the equal employment opportunity and non-discrimination principles set forth in this chapter. However, a contractor or subcontractor shall determine that the individual at least possesses the requisite skills, and experience recognized by a union, apprentice program or a referral agency, provided the referral agency is acceptable to the Dept. of LWD, Construction EEO Monitoring Program. If necessary, the contractor or subcontractor shall hire or schedule minority and women workers who qualify as trainees pursuant to these rules. All of the requirements, however, are limited by the provisions of (C) below. (iii) The name of any interested women or minority individual shall be maintained on a waiting list, and shall be considered for employment as described in (i) above, whenever vacancies occur. At the request of the Dept. of LWD, Construction EEO Monitoring Program, the contractor or subcontractor shall provide evidence of its good faith efforts to employ women and minorities from the list to fill vacancies. (iv) If, for any reason, said contractor or subcontractor determines that a minority individual or a woman is not qualified or if the individual qualifies as an advanced trainee or apprentice, the contractor or subcontractor shall inform the individual in writing of the reasons for the determination, maintain a copy of the determination in its files, and send a copy to the public agency compliance officer and to the Dept. of LWD, Construction EEO Monitoring Program. (7) To keep a complete and accurate record of all requests made for the referral of workers in any trade covered by the contract, on forms made available by the Dept. of LWD, Construction EEO Monitoring Program and submitted promptly to the Dept. of LWD, Construction EEO Monitoring Program upon request. (C) The contractor or subcontractor agrees that nothing contained in (B) above shall preclude the contractor or subcontractor from complying with the union hiring hall or apprenticeship policies in any applicable collective bargaining agreement or union hiring hall arrangement, and,

l preclude the contractor or subcontractor from complying with the union hiring hall or apprenticeship policies in any applicable collective bargaining agreement or union hiring hall arrangement, and, where required by custom or agreement, it shall send journeymen and trainees to the union for referral, or to the apprenticeship program for admission, pursuant to such agreement or arrangement. However, where the practices of a union or apprenticeship program 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 subcontractor shall consider for employment persons referred pursuant to (B) above without regard to such agreement or arrangement; provided further, however, that the contractor or subcontractor shall not be required to employ women and minority advanced trainees and trainees in numbers which result in the employment of advanced trainees and trainees as a percentage of the total workforce for the construction trade, which percentage significantly exceeds the apprentice to journey worker ratio specified in the applicable collective bargaining agreement, or in the absence of a collective bargaining agreement, exceeds the ratio established by practice in the area for said construction 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. After notification of award, but prior to signing a construction contract, the contractor shall submit to the public agency compliance officer and the Dept. of LWD, Construction EEO Monitoring Program an initial project workforce report (Form AA-201) electronically provided to the public agency by the Dept. of LWD, Construction EEO Monitoring Program, through its website, for distribution to and completion by the contractor, in accordance with N.J.A.C. 17:27-7. The contractor also agrees to submit a copy of the Monthly Project Workforce Report once a month thereafter for the duration of this contract to the Dept. of LWD, Construction EEO Monitoring Program, and to the public agency compliance officer. The contractor agrees to cooperate with the public GC-12

agency in the payment of budgeted funds, as is necessary, for on-the-job and/or off-the job programs for outreach and training of minorities and women. (D) The contractor and its subcontractors shall furnish such reports or other documents to the Dept. of LWD, Construction EEO Monitoring Program as may be requested by the Dept. of LWD, Construction EEO Monitoring Program from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Dept. of LWD, Construction EEO Monitoring Program for conducting a compliance investigation pursuant to N.J.A.C. 17:27-1.1 et seq. SECTION 27 - PREVAILING WAGES A. Payment of Prevailing Wages In accordance with the New Jersey Prevailing Wage Act, Chapter 150 of the Laws of 1963 as amended by Chapter 64 of the Laws of 1974, the Contractor and any subcontractor shall pay to workmen wages which are not less than the prevailing wages set forth herein and made a part of this Contract. In the event that any such prevailing wage is increased prior to the award of this Contract, then the increased prevailing wage or wages shall apply and supersede those set forth herein. B. Failure to Pay Prevailing Wages In the event that it is found that any workmen employed by the Contractor or any subcontractor pursuant to this Contract is paid less than the required wage, then the Owner may terminate the Contractor'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 Owner may then prosecute the work to completion or otherwise. The Contractor and the Surety shall be liable to the Owner for any excess costs occasioned to the Owner by reason of termination of the Contract and completion of the work in accordance with this provision. C. Posting and Records of Prevailing Wages The Contractor and any subcontractor shall post the various prevailing wages for each craft, trade or classification of workmen, including the effective dates of any changes thereof in a prominent and easily accessible place at the site of the work and at such place or places as are used for the payment of wages to workmen. The Contractor and any subcontractor shall keep an

inent and easily accessible place at the site of the work and at such place or places as are used for the payment of wages to workmen. The Contractor and any subcontractor shall keep an accurate record showing the name, craft or trade and actual hourly rate of wages paid to each workman employed by the Contractor or subcontractor, as the case may be, in connection with the performance of this Contract for two (2) years from the date of payment. D. Certifications of Wages Due Before final payment is made under this Contract, the Contractor and any subcontractor shall file written statements with the Owner certifying to the amounts then due and owing to any and all workmen for wages due on account of work performed under the Contract. The statements shall set forth the names of the persons whose wages are unpaid and the amount due to each. The statements must be verified by the oaths of the Contractor or subcontractor, as the case may be. All such statements shall be filed with the Treasurer of the Owner. GC-13

TOWNSHIP OF WEST ORANGE COUNTY OF ESSEX, NEW JERSEY ________________________________________ NJDOT MA 2025 HELEN AVENUE, LAWRENCE AVENUE, FLORENCE PLACE AND LOWELL AVENUE IMPROVEMENTS PROJECT ________________________________________ GENERAL REQUIREMENTS 1. LOCATION AND DESCRIPTION OF WORK The work generally consists of road reconstruction improvements, approximately 6,500 LF of new curb, approximately 12,000 SY of pavement milling, installation of approximately 1,700 tons of hot mix asphalt overlay, approximately 1,600 SY of concrete sidewalk, pavement markings, ADA compliant ramps, and regulatory and warning signage; all in accordance with the form of proposal, contract and specifications prepared by Greenman-Pedersen, Inc. (GPI), 301 Gibraltar Drive, Suite 2A, Morris Plains, New Jersey. 2. LINES AND GRADES The Contractor is responsible for performing the construction stakeout as part of the project. Grade sheets will be required where noted on the Construction Plans. 3. EXPLOSIVES AND BLASTING Explosives for blasting shall be stored, handled and used in accordance with the laws, ordinances and regulations of the State, County or Local government and with such additional regulations as the Engineer may require. Blasting shall be conducted so as not to endanger persons or property; and unless otherwise permitted, the Contractor shall be responsible for and shall make good any damage of whatever nature caused by blasting or accidental explosions. 4. WORKING CONDITIONS The Contractor shall provide working conditions on each operation that shall be safe and as healthful as the nature of the work permits. They shall inform themself of and shall comply with all safety and sanitary rules, laws and regulations. The Contractor shall maintain a safe drinking water supply readily available to all workers. A sufficient number of chemical type sanitary structures shall be provided for workmen on the project. They shall be located near the points of work. They shall be cleaned daily and shall be adequately serviced. 5. CARE AND PROTECTION OF WORK From the commencement of work until

project. They shall be located near the points of work. They shall be cleaned daily and shall be adequately serviced. 5. CARE AND PROTECTION OF WORK From the commencement of work until the completion of the same, the Contractor shall be solely responsible for the protection and care of the work covered by the Contract and for the material delivered to the site. All injury, damage or loss of the same from whatever cause, shall be made good at their expense. The Contractor shall take all necessary precautions to prevent injury or damage to the work by flood, freezing or inclement weather at any and all times. The methods used for this purpose shall be subject to approval by the Engineer. GR-1

6. SHOP DRAWINGS The Contractor shall furnish shop drawings, descriptive literature and other required information for all manufactured items. Five (5) copies shall be submitted to the Engineer for approval prior to fabrication. Approval by the Engineer of shop drawings for any material apparatus, device and layout shall not relieve the Contractor from the responsibility of furnishing same of proper dimension, size, quality, quantity and all performance characteristics to efficiently perform the requirements and intent of the Contract Documents. Approval shall not relieve the Contractor from responsibility for errors of any sort on the shop drawings. If the shop drawings deviate from the Contract Documents, the Contractor shall advise the Engineer of the deviations in writing, including the reasons for the deviations. Prior to the submittal of shop drawings of manufactured items, the Contractor shall check and approve the drawings. He shall indicate their approval by initials and date, and shall also indicate by reference the specifications and/or plan which covers the item. 7. MATERIALS AND MANUFACTURED ARTICLES All material and workmanship shall be subject to the approval of the Engineer and shall be in conformity with the approved modern practice. Wherever available, only manufactured and farm products of the United States shall be used in the performance of the work. When a reference is made in the Contract Documents to standards or specifications of associations such as AWWA, ASTM or others, the provisions of the latest revision of the standard or specifications shall be applicable. In all cases, new materials in first-class condition shall be used, unless this provision is waived by notice from the Owner or the Engineer in writing. In general, wherever the Contract Documents show or specify a particular make of material, manufactured article, device or equipment, it shall be regarded as a standard. If two or more makes of material, manufactured articles, devices or equipment are shown or specified, each should be regarded as the equal of the other. Any other make of material, manufactured article, device or equipment which is the recognized equal of that specified and is suitable for the purpose intended,