New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34B - SECTION 13.e DELEGATION OF SCHOOL FACILITIES PROJECTS › Subchapter 6 - PROCUREMENT AND AWARD OF CONTRACTS BY DISTRICT › Section 19:34B-6.3 - General requirements for district contracts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				  contractors and consultants with whom the district contracts, and their
				  subcontractors and subconsultants, must be prequalified by the Authority if
				  such prequalification would be required for the performance of similar work on
				  an Authority-managed school facilities project.
(b) The district shall submit proof to the
				  Authority that it and any contracted party shall comply with all insurance
				  requirements of the grant agreement and, when appropriate, shall certify that
				  the insurance is in full force and effect and that the premiums have been
				  paid.
(c) The district shall
				  require the provision of performance bonds or other security pursuant to
				  18A:18A-25.
(d) The district shall not take any action or
				  omit to take any action that would result in the loss of the exclusion of the
				  interest on any NJEDA bonds from Federal gross income for Federal income tax
				  purposes under Section 103 of the Internal Revenue Code of 1986, as
				  amended.
(e) The following
				  requirements shall apply to contracts awarded by the district in connection
				  with the school facilities project:
1. The
				  district shall include the following statements in each contract awarded by the
				  district in connection with the school facilities project: "This contract or
				  subcontract is or may be funded in part with funds from the New Jersey Schools
				  Development Authority. Neither the State, the New Jersey Schools Development
				  Authority, the New Jersey Economic Development Authority, nor any of their
				  departments, agencies, board members or employees is or will be a party to this
				  contract or subcontract or any lower tier contract or subcontract, with the
				  exception of the New Jersey Schools Development Authority, which shall only
				  become a party to this contract upon a legally executed assignment of the
				  contract to the SDA. This contract or subcontract is subject to the
				  requirements contained in N.J.A.C. 19:34B and the contractor (subcontractor)
				  (consultant) (subconsultant) agrees to comply with those
				  requirements."
2. The district
				  shall include a provision in each contract awarded by the district in
				  connection with the school facilities project which states that the contract is
				  assignable by the district to the Authority.
3. The district shall include a provision in
				  each contract awarded by the district in connection with the school facilities
				  project which states that the contract is terminable for convenience as well as
				  for cause.
4. The district shall
				  include a provision in each contract awarded by the district in connection with
				  the school facilities project which requires the contracted party to comply
				  with the anti-discrimination provisions of
				  10:2-1 et seq., the New Jersey Law
				  Against Discrimination,
				  10:5-1 et seq., N.J.A.C. 17:27 and
				  N.J.A.C. 6:4-1.6. The district and its contracted parties shall in addition
				  agree by contract and guarantee to afford equal opportunity in the performance
				  of the contracts in accordance with an affirmative action program approved by
				  the State Treasurer. The district shall require its contracted parties to
				  submit affirmative action workforce documentation to the Authority, in the form
				  and manner specified by the grant agreement, for monitoring of the contracted
				  party's compliance with state affirmative action workforce compliance goals
				  under 17:27-7.3. The district shall
				  further permit, and require its contracted parties to permit, the Authority's
				  representatives to have access to the project site in order to allow Authority
				  to inspect and monitor the contracted party's compliance with the affirmative
				  action workforce compliance goals. The NJSDA's authority to monitor workforce
				  compliance is in accordance with the NJSDA's independent monitoring and
				  enforcement authority for school facility projects in SDA Districts under
				  52:18A-240 and the Act, as
				  recognized by the Division of Contract Compliance and Equal Employment
				  Opportunity in the Department of Treasury.
5. The district shall include a provision in
				  each contract awarded by the district in connection with the school facilities
				  project which requires the contracted party to enter into certifications at the
				  times and in the manner specified by the Authority in the grant agreement. Such
				  certifications may include a certification by a consultant or a contractor upon
				  award of contract, or certifications upon substantial or final completion of
				  the work or services under a given contract.
6. The district shall include in all
				  contracts for construction or demolition services provisions requiring that the
				  contractor and its subcontractors, as applicable, shall comply with the New
				  Jersey Prevailing Wage Act,
				  34:11-56.2 5 et seq. The district
				  shall not hire any contractor, and shall not permit a contractor to hire a
				  subcontractor, to perform any construction work or demolition services if such
				  contractor or subcontractor is listed or is on record in the Office of the
				  Commissioner, Department of Labor and Workforce Development, as having failed
				  to pay prevailing wages in accordance with the provisions of the New Jersey
				  Prevailing Wage Act.
7. Any
				  construction contract or demolition services contract funded in whole or in
				  part by a Federal grant or appropriation requiring compliance with the
				  Davis-Bacon Act,
				  40
				  U.S.C. §§
												3141 through
				  3148,
				  and the regulations promulgated thereunder (the "Davis-Bacon Act"), including
				  construction or demolition contracts funded through the issuance of Qualified
				  School Construction Bonds under the American Recovery and Reinvestment Act of
				  2009 (see
				  26 U.S.C. §
												54F ), shall require compliance with and
				  shall include provisions as required by the Davis-Bacon Act. The district shall
				  be responsible to monitor and assure compliance with applicable Davis-Bacon Act
				  requirements.