2024-09 Tertiary Treatment.pdf

TOWNSHIP OF VERONA

CONTRACT SPECIFICATIONS & RFP DOCUMENTS

FAIR & OPEN PUBLIC SOLICITATION

REQUIREMENTS FOR: PLANNING, ENGINEERING AND DESIGN SERVICES FOR

THE WASTEWATER TREATMENT PLANT TERTIARY FILTER

SYSTEM IMPROVEMENTS

CONTRACT NUMBER: RFP 2024-09

PROPOSAL DATE AND TIME: WEDNESDAY, AUGUST 28, 2024 AT 1PM

CONTRACT # RFP 2024-09 PLANNING, ENGINEERING AND DESIGN SERVICES FOR THE WASTEWATER

TREATMENT PLANT TERTIARY FILTER SYSTEM IMPROVEMENTS

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CONTRACT # RFP 2024-09 PLANNING, ENGINEERING AND DESIGN SERVICES FOR THE

WASTEWATER TREATMENT PLANT TERTIARY FILTER SYSTEM IMPROVEMENTS

DOCUMENT CHECKLIST

Required by Township of

Verona Item

Initial each entry, and submit the required form if the box contains an

Document Checklist – COMPLETE AND SIGN Legal Notice to Proposers – READ Description of Work and Project Contacts – READ Insurance Requirements – READ Vendor Information Sheet – COMPLETE Business Registration Certificate – SUBMIT PRIOR TO AWARD

Mandatory Equal Employment Opportunity Language – Exhibit A Goods, Professional Service & General Service Contracts - READ

Affirmative Action Compliance Affidavit – Goods, Professional & General Service Contracts – SIGN

New Jersey Anti-Discrimination Provisions – SIGN Americans with Disabilities Act of 1990 Language - SIGN Ownership Disclosure Certification Form - SIGN AND NOTARIZE Acknowledgement of Principal – SIGN AND NOTARIZE Non-Collusion Affidavit – SIGN AND NOTARIZE Disclosure of Investment Activities In Iran – COMPLETE Acknowledgement of Receipt of Addenda – SIGN General Requirements – READ Proposal Signatory Form – COMPLETE, SIGN AND SEAL

Corporate Name:

Signature: Date:

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LEGAL NOTICE

REQUEST FOR PROPOSALS

The Township of Verona, New Jersey shall receive sealed proposals at the Municipal Building, 600 Bloomfield Avenue, Verona, New Jersey, until 1:00 p.m., prevailing time, Wednesday, August 28 2024 and then publicly opened and read aloud in the Council Conference Room for RFP No. 2024-09 “

PLANNING, ENGINEERING AND DESIGN SERVICES FOR THE WASTEWATER

TREATMENT PLANT TERTIARY FILTER SYSTEM IMPROVEMENTS ”

A Pre-Bid meeting will take a place on Wednesday, August 21, 2024 at the Verona Wastewater Treatment Plant, 10 Commerce Court, Verona NJ 07044 at 11:00 AM for the following professional services:

Township of Verona, New Jersey is seeking Proposals for Planning, Engineering and Design Services for the Wastewater Treatment Plant Tertiary Filter System Improvements. The purpose of this project is to replace the existing Microscreens with a new tertiary filter system.

Copies of the specifications and contract documents for the proposed work may be obtained by any prospective proposer on the internet at https://www.bidnetdirect.com/newjersey/townshipofverona on and after August 1, 2024. RFP documents cannot be obtained at the Township Offices.

Each proposal must be enclosed in a sealed envelope, bearing the name and address of the firm of the proposer and shall be addressed to the MUNICIPAL CLERK’S OFFICE and on or before the hour mentioned above. Envelope or Package must be clearly endorsed “RFP No. 2024-09 PLANNING, ENGINEERING AND DESIGN SERVICES FOR THE WASTEWATER TREATMENT PLANT

TERTIARY FILTER SYSTEM IMPROVEMENTS ”.

1. This solicitation will be awarded via a Fair and Open Process in accordance with N.J.S.A.

19:44A-20.5 et seq.

2. Proposer must be registered with the State of New Jersey at time of the award of the contract.

Proposers will be required to present a copy of their Business Registration Certificate (BRC).

3. Proposers must provide an Ownership Disclosure Affidavit with proposal, failure to provide the same is a non-waivable defect.

4. Proposers are required to comply with the requirements of N.J.S.A. 10:5-31 et seq. and

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

Joseph D’Arco Township Manager

ATTEST:

Jennifer Kiernan, RMC Municipal Clerk https://www.bidnetdirect.com/newjersey/townshipofverona iii

CONTRACT # 2024-09 PLANNING, ENGINEERING AND DESIGN SERVICES FOR THE

WASTEWATER TREATMENT PLANT TERTIARY FILTER SYSTEM IMPROVEMENTS

Proposer Name:

Address of Firm:

Phone Number: Fax Number:

Print Name: Title:

Please select each position you/your firm is submitting a proposal for:

PLANNING, ENGINEERING AND DESIGN SERVICES FOR THE WASTEWATER

Signature of Authorized Agent Date

(Corporate Seal, if applicable)

REQUEST FOR PROPOSAL

Township of Verona, New Jersey is seeking Proposals for Wastewater Treatment Plant and Collection System Engineering Services. The purpose of this project is to replace the existing Tertiary Filter System.

DEPARTMENT: ADMINISTRATION

CONTACTS: Joseph D’Arco, Township Manager (973) 857-4769 Kevin O’Sullivan Deputy Township Manager (973) 239-4921 Mike Grasso Licensed Operator (973) 857-5246

SITE VISIT REQUIRED: A Pre-Bid meeting will take a place on Wednesday, August 21, 2024 at the Verona Wastewater Treatment Plant, 10 Commerce Court, Verona NJ 07044 at 11:00 AM

DOCUMENTS: Submit Two (2) copies of proposal and one electronic copy in PDF format.

DELIVERY ADDRESS: Township of Verona Municipal Clerks Office 600 Bloomfield Ave Verona, NJ 07044

BACKGROUND

Background: The Verona Wastewater Treatment Plant (WTP) is located at 10 Commerce Court Verona, New Jersey and was constructed in 1928. Major renovations were completed in 1967 and 1988. The facility treats the wastewater it receives from domestic and commercial sources conveyed throughout the Township of Verona’s sewer collection system, including customers from Cedar Grove and North Caldwell. The plant is owned and operated by the Township and is rated for an average daily flow of 3.0 million gallons per day (MGD) and discharges into the Peckman River, which is classified as FW2-NT.

The property is Block 1201, Lot 4 with a property lot size of 11.97 acres. Approximately 1.75 acres of this Lot is located in the AE Zone of FEMA’s floodway map due to its close proximity to the Peckman River (Appendix A). The property contains many assets including, but not limited to, a raw sewage pumping station, headworks area, three (3) primary clarifiers, three (3) secondary clarifiers, two (2) final clarifiers, two (2) trickling filters, two (2) oxidation ditches, two (2) anaerobic digesters, three (3) microscreens, and four (4) sets of in-channel Tertiary Filter System.

Treated effluent from the facility is discharged into the Peckman River. The New Jersey Department of Environmental Protection (NJDEP) regulates various aspects, including wastewater discharge (NJDEP Permit No. NJ0024490), residuals/sludge management (NJDEP No. NJG0200531), stormwater discharge, air emissions, and laboratory operations. The collected sludge is transported offsite to Passaic Valley Sewerage Authority (PVSC).

SPECIFICATIONS

1. DESCRIPTION OF PROPOSED SERVICE

The purpose of this RFP is to obtain Professional Engineering Services to provide preliminary design services, final design services, project bidding and construction administration services for the replacement damaged Tertiary Filter System at the Wastewater Treatment Plant, Township of Verona, New Jersey.

Work associated with this RFP will include preliminary design, identification of equipment, regulatory coordination and summary of permitting requirements. Assistance in project submission to the NJ I-Bank and all necessary elements including but not limited to preparation of Environmental Planning Documents Once preliminary design effort is complete, final design services phase will commence. Final design services shall include providing final design recommendations for equipment selection options presented during the preliminary design effort, advancing the preliminary Tertiary Filter System upgrades to 100% biddable documents. Once biddable documents are complete, the project will be publicly bid.

Construction administration will be performed, including document control, submittal review, responding to RFIs, testing and turnover.

2. SCOPE OF SERVICE

Project Management:

Administration - This task allows for the routine management, administration, and coordination of the work efforts for engineering activities. Included in this task is the appropriate coordination with Township of Verona and engineering team members, management of the project, funding agency coordination, monitoring of budget and schedule, construction cost control, and administrative assistance to the Department.

Project Meetings and Workshop - An initial meeting with the Department will be conducted to kick-off the preliminary design, review the scope of work, and review the schedule for conducting the work. A number of subsequent meetings will be required to meet with the Department, regulators, etc.

Technical Quality Reviews -Technical reviews of the project will be conducted by experienced staff members to review design concept, hydraulics and equipment sizing, coordination amongst trades and bid documents, and constructability/biddability.

Meeting notes from project team meetings - All project meetings and technical quality reviews will be noted, and meeting minutes will be prepared by the Engineer and distributed to the project team.

Basis of Design:

Site Visits/Condition Assessment - Site visits will be conducted at the Wastewater Treatment Plant to determine the status and condition of the existing tankage. Along with these site visits, existing information and documents will be reviewed to begin the work, including Wastewater Treatment Plant record drawings and historical reports.

Preliminary Design- The objective of this task is to provide the Township with a summary of the proposed improvements inclusive of the Tertiary Filter System equipment features and layouts, process and instrumentation diagrams, control descriptions and a draft description of how existing facilities will operate during construction.

Construction Cost Estimates- A design construction cost estimate will be prepared based on and included with the Preliminary Design submittal. Estimates will be based on equipment vendor and local price data.

Final Design Phase Services- The objective of this task is to provide a final design for the Tertiary Filter System at the Township of Verona. The following tasks will be performed by the Engineer:

- Meet with the Department to review progress toward the final design. Comments and input from the Department will be incorporated into the plans and specifications.

-Progress all components of the preliminary design to 100% design.

-Provide interim submittals (plans and specifications) to the Department at the 60% and 90% stages for review and comment.

o Sixty percent (60%) documents will include outline specifications and detailed drawings incorporating applicable comments from the preliminary design.

o Ninety percent (90%) documents will include detailed front end and technical specifications, and construction drawings including specific construction details.

-Prepare and submit documents for regulatory agency review, comment, and approval. Address all comments and update documents accordingly. Assistance in project submission to the NJ I-Bank and all necessary elements including but not limited to preparation of Environmental Planning Documents.

-Coordinate and facilitate meetings with regulatory agencies as required.

Bid Phase Services -Provide electronic and hard copy biddable documents and assist the Department with uploading project information to their procurement website.

-Attend and facilitate one (1) pre-bid meeting per contract.

-Receive, log, and respond to all questions received during bid phase.

-Prepare and issue necessary addenda based upon regulatory agency or contractor questions or comments.

-Attend one (1) bid opening per contract.

-For each contract, review bids, prepare a tabulation of bids, and provide the Department with a recommendation of award.

Construction Phase Services Construction Administration and Engineering Services

- Prepare construction contracts for execution by the Township and Contractor(s).

-Coordinate and attend a pre-construction meeting(s) and prepare meeting notes for distribution to the project team.

-Review the shop drawings and submittals for related work.

-Address technical questions raised by the Contractor(s).

-Review payment applications. Site visits by the Project Manager and/or Design Team members to review overall project status.

-Conduct construction progress meetings with the contractor(s). Prepare and issue meeting notes.

-Preparation of record drawings based on completed construction information supplied by the contractor(s), construction inspectors, and engineer.

-Provide Engineer’s observations during construction and submission of written field reports.

-Resolve technical questions regarding conflicts between construction documents and field conditions.

-Design and coordination of field modifications.

Construction Observation In order to monitor the contractor’s conformance with the plans and specifications, qualified construction representative(s) will be assigned by the Engineer to the project. The inspector(s) will provide the following services:

-Observe construction activities to assess that the work is constructed in conformance with the approved plans and specifications and subsequent field orders, work change directives, and change orders.

-Coordinate construction schedule updates from the Contractors.

-Prepare field reports.

-Review draft payment applications for accuracy and completeness prior to the Contractor’s formal submission -Review and address technical questions raised by the Contractor. Coordinate response with the Engineer and Township as necessary.

-Maintain an updated set of record drawings throughout construction

Engineer’s Responsibilities Engineering Services The Engineer shall provide all engineering services necessary to develop and produce a complete deliverable that will satisfy the scope of work negotiated. The Engineer shall work with the Department’s personnel who will indicate system needs and assist in achieving the Department’s desired scope of work. The Engineer shall carefully consider the input by the Department’s staff but based on the Engineer’s own experience and ability, shall be solely responsible to provide a complete and constructible deliverable in accordance with applicable standards/regulations and the requirements of the scope of work.

Verona Township’s Responsibility:

Township of Verona will, at the Engineer’s request, provide information and material on file that is pertinent to the project. Staff will also be available to coordinate with the Engineer.

SECTION A

INSTRUCTIONS TO PROPOSERS AND STATUTORY REQUIREMENTS

SUBMISSION OF PROPOSALS

A. Sealed proposals shall be received by the Township of Verona, in accordance with public advertisement as required by the laws of the State of New Jersey, with a copy of said Legal Notice being attached hereto and made a part of these specifications.

B. Sealed proposals will be received by the Township Clerk as stated in the Request for Proposals, and at such time and place will be publicly opened and read aloud.

C. Two (2) originals and one (1) electronic copy shall be submitted in a sealed envelope: (1) addressed to the Municipal Clerk’s Office, 600 Bloomfield Avenue, Verona, New Jersey 07044, (2) bearing the name and address of the proposer written on the face of the envelope, and (3) clearly marked "SEALED PROPOSAL - RFP No. 2024-09 “ PLANNING, ENGINEERING AND DESIGN SERVICES FOR THE

WASTEWATER TREATMENT PLANT TERTIARY TREATMENT IMPROVEMENTS

D. It is the proposer's responsibility to deliver their proposal to the Township prior to or at the time and place designated for the opening. Proposals may be hand delivered or mailed; however, the Township disclaims any responsibility for proposals forwarded by regular or overnight mail. Proposals sent by express mail or delivery service must either 1) include the designation in sub-section C, above on the outside of the express mail or service envelope; or 2) must be in a separate envelope inside the delivery envelope and the envelope marked as required above. Proposals received after the designated time and date will be returned unopened.

E. 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 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 at www.elec.nj.gov.

INTERPRETATION, ADDENDA AND DISCREPANCIES

A. No oral interpretation and or clarification of the meaning of the specifications for any goods and services will be made to any proposer. Such request shall be in writing, addressed to the Contracting Agent. In order to be given consideration, a written request must be received at least three (3) business days prior to the date fixed for the opening of the request for proposals.

B. 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 proposers. All addenda so issued shall become part of the specification and proposal documents and shall be acknowledged by the proposer in the proposal by completing the Acknowledgement of Receipt of Addenda form. The owner’s interpretations or corrections thereof shall be final.

INSURANCE AND INDEMNIFICATION

The successful proposer 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. Coverage shall not be terminated unless and until the Owner shall have acknowledged in writing to the Contractor that the Owner’s insured have placed permanent insurance for the facility.

http://www.elec.nj.gov/

STATUTORY AND OTHER REQUIREMENTS

The following are mandatory requirements of this proposal and contract.

A. 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. as administered by the Division of Purchase & Property Contract Compliance and Audit Unit (hereafter “Division”) and provided below. The contract will include the language included in this specification.

1. Goods, Professional Services and General Service Contracts

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

i. A Letter of Federal Approval indicating that the vendor is under an existing federally approved or sanctioned affirmative action program. A copy of the approval letter must be provided by the vendor to the Owner and the Division. This approval letter is valid for one year from the date of issuance.

ii. A Certificate of Employee Information Report (hereafter “Certificate”), issued in accordance with N.J.A.C. 17:27 et seq. The vendor must provide a copy of the Certificate to the Owner as evidence of its compliance with the regulations. The Certificate represents the review and approval of the vendor’s Employee Information Report, Form AA-302 by the Division.

iii. The successful proposer shall complete an Initial Employee Report, Form AA-302 and submit it to the Division with a check or money order for $150.00 made payable to “Treasurer, State of New Jersey” and forward a copy of the Form to the Owner. Upon submission and review by the Division, the Report shall constitute evidence of compliance with the regulations

B. NEW JERSEY ANTI-DISCRIMINATION

The contract for this proposal 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 this document.

C. AMERICANS 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 requirements related to the Americans with Disabilities Act as provided in this specification. The contractor is obligated to comply with the Act and to hold the Owner harmless for any violations committed under the contract.

D. STATEMENT OF OWNERSHIP

N.J.S.A. 52:25-24.2 provide 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 proposal or accompanying the proposal of said business organization, proposers 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, and individual partner, and member exceeding the ten percent ownership, has been listed.

The included Statement of Ownership shall be completed and attached to the proposal. This requirement applies to all forms of business organizations, including, but not limited to, corporations and partnerships, publicly-owned corporations, limited partnerships, limited liability corporations, limited liability partnerships, sole proprietorship, and Subchapter S corporations. Failure to submit a disclosure document shall result in rejection of the proposal, as it cannot be remedied after proposals 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.

E. PROOF OF BUSINESS REGISTRATION

Pursuant to N.J.S.A. 52:32-44, the Owner (“Contracting Agency”) is prohibited from entering into a contract with an entity unless the proposer/contractor, and each subcontractor that is required by law to be named in a 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 Contracting Agency with its proof of business registration.

Pursuant to N.J.S.A. 54:49-4.1, a business organization that fails to provide a copy of a business registration as required, or that 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.

F. 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. Proposers must indicate if they comply with the law by certifying the form. Pursuant to N.J.S.A. 40A:11-2.1 the owner is required to notify the New Jersey Attorney General if it determines a false certification has been submitted.

G. DOCUMENT CHECKLIST

Proposer shall complete and sign the Proposal Submission Document Checklist and include it in the proposal submission. For construction proposals, failure to submit the checklist is a fatal defect and the proposal will be rejected. This document serves as a guide to proposers of the documents that are required to be submitted with the proposal.

H. NON-COLLUSION AFFIDAVIT

The Affidavit shall be properly executed and submitted with the proposal.

In response to this RFP each proposer shall provide at a minimum the following information:

1. Qualification Information:

a. Full Name.

b. Firm Name, Address and Telephone Number.

c. Years practicing with firm.

d. Your individual appraisal specialty.

e. Your firm’s appraisal specialties.

f. A listing of all of your post high school education.

g. Dates of your licensure in the State of New Jersey and any other state as to the professional discipline requested to serve the needs of the Township.

h. A listing of your professional affiliations or membership in any professional societies or organizations, with an indication as to any offices held.

i. The number of professionals, associates and/or staff employed and/or affiliated with your firm and information regarding any professional designations or licenses of such individuals.

j. A listing of all previous public sector entities served by the proposer including dates of service and position(s) held.

k. The relevant experience that qualifies you for the position(s) applied for.

l. Any other relevant work or experience that you would like the Township to consider in evaluating your qualifications for the position(s).

m. A listing of any and all ethics or disciplinary rulings assessed against you and/or your firm and the details surrounding same including the disposition of the charge(s).

n. The name, address and telephone number of three (3) client references that can be contacted by the Township.

o. Proposed cost of service(s) or activities, including rates, fees and incidental charges. Also, include rates for appearances, conferences, and any additional services defined beyond the scope of regular services in connection with representing the Township. The cost proposal shall also include the cost for expenses such as postage, faxes, copying, and telephone.

p. Any additional information that you would like the Township to consider in evaluating your proposal.

2. Insurance. The proposer, as a member of a profession that is subject to suit for professional malpractice, shall provide documentation that insurance for professional liability/malpractice coverage with limits as to liability that will be in place to protect the Township of Verona. If appointed, proposer shall furnish all required certificates and endorsements with their executed contract after contract award.

3. Protected Information. By submission of the proposal, the proposer certifies that the service to be furnished will not infringe upon any valid patent, trademark or copyright and the successful proposer shall, at its expense, defend any and all actions or suits charging such infringement, and will save the Township harmless in any case of any such infringement.

4. Township Representative for this Solicitation. Please direct all questions in writing via email to:

Joseph D’Arco, Township Manager: JDArco@veronanj.org

Kevin O’Sullivan, Deputy Township Manager: KOSullivan@Veronanj.org

Mike Grasso, Licensed Operator: mjgwaterservices@gmail.com

5. Signature Page. Proposer shall complete and submit the signatory page attached, which shall be signed by an authorized representative of the Proposer and evidence the Proposer’s acceptance of the terms and conditions of this RFP.

6. RFP Document Checklist. Proposer must complete and submit the RFP Document

Checklist.

EVALUATION CRITERIA AND BASIS FOR AWARD OF CONTRACT

The Township shall award all professional service agreements based upon qualifications, merit, and experience with issues confronting the Township of Verona. The specific evaluation criteria will include:

1. Qualifications of the primary principal and support staff;

2. General experience of the firm;

3. Experience with communities the size and complexity of Verona;

4. Familiarity with Verona, Essex County and the State of New Jersey;

5. Past experience with the Township of Verona;

6. Overall cost.

A final award shall be made by Resolution adopted by a majority of the Township Council based upon the proposal made to the Township that has been determined to be the most advantageous to the Township, all factors considered. The Township reserves the right to negotiate the terms and conditions with any qualified proposer before making its determination and appointment.

The term of appointment for these appointment and positions shall be for one (1) year. The Township may select an individual or a firm. All awards are and shall be subject to the availability of funds.

mailto:JDArco@veronanj.org mailto:KOSullivan@Veronanj.org mailto:mjgwaterservices@gmail.com

TOWNSHIP OF VERONA, NEW JERSEY

VENDOR INFORMATION SHEET

COMPANY NAME:

ADDRESS:

PHONE NUMBER:

FAX NUMBER:

FEDERAL I.D. NUMBER:

NAME OF PERSON PREPARING PROPOSAL:

PHONE NUMBER: EXT.

CONTACT PERSON FOR CORRESPONDENCE REGARDING THE PROPOSAL

NAME:

ADDRESS:

PHONE: FAX NUMBER:

E-MAIL ADDRESS:

PLACE A PHOTOCOPY OF

NEW JERSEY

BUSINESS REGISTRATION

CERTIFICATE

FOR THE PROPOSER HERE

EXHIBIT A

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

GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE 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 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 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

• Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Division’s website at www.state.nj.us/treasury/contract_compliance)

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, and 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.

http://www.state.nj.us/treasury/contract_compliance

AFFIRMATIVE ACTION COMPLIANCE AFFIDAVIT

N.J.S.A. 1 0:5-31 and N.J.A.C. 17:27

GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS

All successful proposers are required to submit evidence of appropriate affirmative action compliance to the Owner and Division of Purchase & Property Contract Compliance and Audit Unit (hereafter “Division”). During a review, Division representatives will review the Owner’s files to determine whether the affirmative action evidence has been submitted by the vendor/contractor. Specifically, each vendor/contractor shall submit to the Owner, prior to execution of the contract, one of the following documents:

Goods and General Service Vendors

A. Letter of Federal Approval indicating that the vendor is under an existing federally approved or sanctioned affirmative action program. A copy of the approval letter is to be provided by the vendor to the Owner 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 No

If yes, please submit a photocopy of such approval.

B. A Certificate of Employee Information Report (hereafter "Certificate"), issued in accordance with N.J.A.C. 17:27-1.1 et seq. The vendor must provide a copy of the Certificate to the Owner as evidence of its compliance with the regulations. The Certificate represents the review and approval of the vendor's Employee Information Report, Form M-302 by the Division. The period of validity of the Certificate is indicated 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 No

If yes, please submit a photocopy of such approval.

C. The successful vendor shall complete an Initial Employee Report, Form AA-302 and submit it to the Division with $150.00 fee and forward a copy of the Form to the Owner. Upon submission and review by the Division, this report shall constitute evidence of compliance with the regulations.

Prior to execution of the contract, the EEO/AA evidence must be submitted.

The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on the Division website http://www.nj.gov/treasury/contract_compliance/

The undersigned vendor certifies that he/she is aware of the commitment to comply with the requirements of N.J.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 proposal shall be rejected as non-responsive if said contractor 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:

http://www.nj.gov/treasury/contract_compliance/

NEW JERSEY ANTI-DISCRIMINATION PROVISIONS

N.J.S.A. 10:2-1 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, services, equipment or construction shall be awarded to a small business enterprise, minority business enterprise or a women's business enterprise pursuant to P.L.1985, c.490 (C.18A:18A-51 et seq.).

The undersigned contractor further understands that his/her proposal shall be rejected as non-responsive if said contractor fails to comply with the requirements of N.J.S.A. 10:2-1 et seq.

COMPANY: SIGNATURE:

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AMERICANS WITH DISABILITIES ACT OF 1990

Equal Opportunity for Individuals with Disability

The contractor and the Township of Verona, (hereafter “Township”) 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 all 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 Township 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 Township in any action or administrative proceeding commenced pursuant to this Act.

The contractor shall indemnify, protect, and save harmless the Township, 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 Township’s grievance procedure, the contractor agrees to abide by any decision of the Township which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the Township, or if the Township incurs any expense to cure a violation of the ADA that has been brought pursuant to its grievance procedure, the contractor shall satisfy and discharge the same at its own expense.

The Township 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 Township or any of its agents, servants, and employees, the Township shall expeditiously forward or have forwarded to the contractor every demand, complaint, notice, summons, pleading, or other process received by the Township or its representatives.

It is expressly agreed and understood that any approval by the Township 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, indemnify, protect, and save harmless the Township pursuant to this paragraph.

It is further agreed and understood that the Township assumes no obligation to indemnify or save harmless the contractor, its agents, 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 Township from taking any other actions available to it under any other provisions of the Agreement or otherwise at law

The undersigned contractor further understands that his/her proposal shall be rejected as non-responsive if said contractor fails to comply with the requirements of Title 11 of the Americans With Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 et seq.).

COMPANY: SIGNATURE:

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STATEMENT OF OWNERSHIP

OWNERSHIP DISCLOSURE CERTIFICATION FORM

Required pursuant to N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43)

This Statement Shall Be Included with All Proposal and Proposal Submissions

Name of Business:

Address of Business:

Name of person completing this form:

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

"No corporation, partnership, or limited liability company shall be awarded any contract nor shall any agreement be entered into for the performance of any work or the furnishing of any materials or supplies, unless prior to the receipt of the proposal, or accompanying the proposal of said corporation, said partnership, or said limited liability company there is submitted a statement setting forth the names and addresses of all stockholders in the corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the limited liability company who own a 10 percent or greater interest therein, as the case may be.

If one or more such stockholder or partner or member is itself a corporation or partnership or limited liability company, the stockholders holding 10 percent or more of that corporation’s stock, or the individual partners owning 10 percent or greater interest in that partnership, or the members owning 10 percent or greater interest in that limited liability company, as the case may be, shall also be listed. The disclosure shall be continued until names and addresses of every non-corporate stockholder, and individual partner, and member, exceeding the 10 percent Ownership criteria established in this act, has been listed.

To comply with this section, a proposer with any direct or indirect parent entity which is publicly traded may submit the name and address of each publicly traded entity and the name and address of each person that holds a 10 percent or greater beneficial interest in the publicly traded entity as of the last annual filing with the Federal Securities and Exchange Commission or the foreign equivalent, and, if there is any person that holds a 10 percent or greater beneficial interest, also shall submit links to the websites containing the last annual filings with the Federal Securities and Exchange Commission or the foreign equivalent and the relevant page numbers of the filings that contain the information on each person that holds a 10 percent or greater beneficial interest."

The Attorney General has advised that the provisions of N.J.S.A. 52:25-24.2, which refer to corporations and partnerships, apply to limited partnerships, limited liability partnerships, and Subchapter S corporations

OWNERSHIP DISCLOSURE CERTIFICATION FORM (CONTINUED)

This Ownership Disclosure Certification form shall be completed, signed and notarized.

Failure of the proposer/proposer to submit the required information is cause for automatic rejection of the proposal

PART I

Check the box that represents the type of business organization:

Sole Proprietorship (skip Parts II and III, sign and notarize at the end)

Non-Profit Corporation (skip Parts II and III, sign and notarize at the end)

Partnership Limited Partnership Limited Liability Partnership

Limited Liability Company

For-profit Corporation (including Subchapters C and S or Professional Corporation)

Other (be specific): ______________________________________________

PART II

I certify that the list on the next page contains the names and addresses of all stockholders in the corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the limited liability company who own a 10 percent or greater interest therein, as the case may be.

OR

I certify that no one stockholder in the corporation owns 10 percent or more of its stock, of any class, or no individual partner in the partnership owns a 10 percent or greater interest therein, or that no member in the limited liability company owns a 10 percent or greater interest therein, as the case may be.

CONTINUED ON NEXT PAGE

Required pursuant to N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43)

Sign and notarize the form below, and, if necessary, complete the list below. (Please attach additional sheets if more space is needed):

Name: Name:

Home Address: Home Address:

CONTINUED ON NEXT PAGE

PART III

Any Direct or Indirect Parent Entity Which is Publicly Traded:

“To comply with this section, a proposer with any direct or indirect parent entity which is publicly traded may submit the name and address of each publicly traded entity and the name and address of each person that holds a 10 percent or greater beneficial interest in the publicly traded entity as of the last annual filing with the Federal Securities and Exchange Commission or the foreign equivalent, and, if there is any person that holds a 10 percent or greater beneficial interest, also shall submit links to the websites containing the last annual filings with the Federal Securities and Exchange Commission or the foreign equivalent and the relevant page numbers of the filings that contain the information on each person that holds a 10 percent or greater beneficial interest.”

Pages attached with name and address of each publicly traded entity as well as the name and address of each person that holds a 10 percent or greater beneficial interest.

OR

Submit here the links to the Websites (URLs) containing the last annual filings with the Federal Securities and Exchange Commission or the foreign equivalent.

AND

Submit here the relevant page numbers of the filings containing the information on each person holding a 10 percent or greater beneficial interest.

Subscribed and sworn before me this

____ day of _______________, 20__ Affiant Signature

Notary Public Affiant Name and Title

Commission Expires:

(Notary Stamp/Seal) (Corporate Seal, if appropriate)

END OF STATEMENT OF OWNERSHIP

NON-COLLUSION AFFIDAVIT

STATE OF_______________________)

) SS:

COUNTY OF _____________________)

I, residing in (name of affiant) (name of municipality) in the County of and State of of full age, 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 proposer making this Proposal for the proposal entitled

, and that I executed the said proposal with (title of proposal) full authority to do so that said proposer has not, directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above named project; and that all statements contained in said proposal and in this affidavit are true and correct, and made with full knowledge that the Township of Verona relies upon the truth of the statements contained in 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 such contract 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

Signature

Type or Print name Subscribed and sworn to before me this

_____ day of ____________________, 20__

(Notar…