New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34A - SECTION 13(A) DELEGATION AGREEMENT › Subchapter 4 - CONTRACT AWARD AND COMPLIANCE › Section 19:34A-4.2 - Contract award and compliance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The district
				  shall continually monitor the performance of the capital maintenance project
				  and preconstruction activities, if applicable, to assume that time schedules
				  are being met and that the completion of the capital maintenance project will
				  occur in a timely, efficient and effective manner.
(b) In the event of default of any contracted
				  party under any contract, or in the event of a breach of warranty with respect
				  to any contract, the district shall reasonably exhaust the remedies against the
				  defaulted contracted party and against each such surety for the performance of
				  such contracts.
(c) The district
				  shall obtain and maintain all licenses, certifications, authorizations, or any
				  documents required by all governmental authorities whenever necessary. The
				  district shall promptly notify the Authority and the State Comptroller in
				  writing of any disciplinary action against itself, or, if it has knowledge of,
				  against any contracted party or any change in the status of any license,
				  permit, or other authorization required for the capital maintenance
				  project.
(d) The district shall
				  award all contracts for the capital maintenance project in accordance with
				  52:15C-10 and the PSCL and the
				  rules issued pursuant thereto. The district shall award a contract for design
				  work on the capital maintenance project only to a design consultant that has
				  been pre-qualified by the Authority and has the pre-qualification
				  classification required for the engagement.
(e) All consultants and contractors with whom
				  the district contracts, and their subconsultants and subcontractors, must be
				  prequalified by the Authority if such prequalification would be required for
				  the performance of similar work on a Authority managed school facilities
				  project.
(f) All construction
				  contracts shall contain provisions that the contractor and the subcontractor,
				  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 or subcontractor to perform any work for the
				  district who is listed or is on record in the Office of the Commissioner,
				  Department of Labor, as having failed to pay prevailing wages in accordance
				  with the provisions of the New Jersey Prevailing Wage Act.
(g) All contracts shall provide that the
				  contracted party shall 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.
(h) No
				  official or employee of the district who is authorized in his or her official
				  capacity to negotiate, make, accept or approve or to participate in such
				  decision regarding a contract in connection with the preconstruction activity
				  shall have any financial or other personal interest in any such contract. The
				  School Ethics Law,
				  18A:12-21 et seq., and N.J.A.C.
				  6A:28 shall by reference be incorporated as part of the applicable
				  agreement.
(i) The district shall
				  submit proof to the Authority and it and any contracted party shall comply with
				  all insurance requirements of the section 13(a) delegation agreement and, when
				  appropriate, shall certify that the insurance is in full force and effect and
				  that the premiums have been paid.
(j) 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.
(k) The district shall
				  require all contracted parties to enter into certifications at the times and in
				  the manner specified by the Authority in the applicable agreement. Such
				  certifications may include a certification by a consultant or a contractor upon
				  award of contract; certifications by the school business administrator upon
				  either award of a contract or final completion of the preconstruction activity
				  or both; and tax certifications by the district as may be required by the
				  Authority or the NJEDA to ensure the tax-exempt status of NJEDA
				  bonds.
(
l
) The
				  district shall require the provision of performance bonds or other security
				  pursuant to
				  18A:18A-25.
(m) The following concern contracts:
1. The district shall include the following
				  statements in each contract awarded by the district in connection with the
				  preconstruction activity and capital maintenance 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. This
				  contract or subcontract is subject to the requirements contained in N.J.A.C.
				  19:34A 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 capital
				  maintenance project which states that the contract is assignable to the
				  Authority.