24-10 RFP Professionals.pdf

Willingboro

Municipal Utilities

Authority

COUNTY OF

BURLINGTON

STATE OF NEW JERSEY

INFORMATION AND FORMS TO BE

COMPLETED BY VENDORS

Chair - Patricia Lindsay-Harvey

Vice Chair

Kevin McIntosh

Commissioners

Carl Turner

Diallyo Diggs

James Boyer

Alternates

William Weston, 1st Alt.

Kimbrali Davis, 2nd Alt.

Executive Director

James Mackie

RFP # 24-10

2025 RFP PROFESSIONALS

Due

November 26, 2024 at 10:00A.M.

NOTICE TO BIDDERS

Notice is hereby given that on November 26, 2024, at 10:00A.M. (Prevailing time), electronically sealed bids will be opened and conducted in electronic platform in accord with N.J.A.C. 5:34-1 et. Seq., on BidNet Direct at www.bidnetdirect.com//wmua which at time and place the sealed bids will be opened publicly and read for the following:

RFP # 24-10

Attorney (Solicitor)

Labor Counsel

Conflict/Special Projects Counsel

Rate & Energy Counsel

Bond Counsel

Consulting Engineer

Special Project Engineers

Financial Advisor

Independent Auditor

Special Project Auditor

Insurance Broker (eus)

Authority Physician

RFP’s shall be electronically uploaded, no physical RFP’s shall be received, opened or honored.

NOTE:

it is the proposers responsibility to ensure that the RFP package is delivered by the bid opening date and time. Any bid document received after the deadline established by the Department of Purchasing will not be accepted, regardless of the method of delivery.

Contract documents may be obtained from the bid platform, for zoom opening information contact the Qualified Purchasing

Agent at:

Sean P. Canning, QPA scanning@TheCanningGroup.org

The Willingboro Municipal Utilities Authority does not release the project estimate.

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.

This RFP has been advertised in accordance with the “Fair and Open Basis” (N.J.S.A. 19:44A-20.5)

James Mackie October 27, 2024

Executive Director mailto:scanning@TheCanningGroup.org

Willingboro Municipal Utilities Authority

ADMINISTRATIVE DOCUMENTS

Applicable to Bid if marked “X”

DOCUMENTATION REQUIRED OR REVIEWED

Initials

When Due if not submitted with Bid

Bid Guarantee (Bid Bond or Certified/Cashier’s Check) (with POA for full amount of Bid Bond)

With Bid

Submission

Consent of Surety (Certificate from Surety company)

Performance Bond and Labor and Material Payment Bond (Required from the Awarded Contractor)

At signing of contract

Maintenance Bond in the Amount of 100 % for a period indicated in

“General Conditions” Required from the Awarded Contractor Upon

Acceptance of Project

Upon

Acceptance of

Project

Acknowledgement of Receipt of Addenda (To be Completed if

Addenda are Issued)

X Ownership Disclosure Form With Bid

Submission

Named Subcontractors in Bid for Listed Specialty Trades

Public Works Contractor Registration Certificate(s) for the Bidder and all Sub Contractors

Prior to Award, but effective at time of bid

Business Registration Certificate – Bidder and all Sub Contractors Prior to Contract

Award

X Non-Collusion Affidavit With Bid

Submission

X Experience and Background Questionnaire With Bid

Submission

Insurance and Indemnification Certificate Prior to Contract

Award

X Disclosure of Investment Activities in Russia Form Prior to Contract

Award

X Disclosure of Investment Activities in Iran Form Prior to Contract

Award

Federal debarment Form Prior to Contract

Award

EEO/AA Form AA-201

After Notice of

Award, Prior to

Signing Contract

X EEO/AA Form AA-302 or Letter of Federal Approval or Certificate of Employee Information Report

After Notice of

Award, Prior to

Signing Contract

X Bidder’s Checklist With Bid

Submission x Fair Inclusion Questionnaire With Bid

Submission

X False Statement of Penalties Certification With Bid

Submission

X W9 Form

After Notice of

Award, Prior to

Signing Contract

Pay to play advisory

This checklist is provided for bidder’s use in assuring compliance with required documentation;

however, it does not include all specifications requirements and does not relieve the bidder of the need to read and comply with the specifications.

Bidder Name: Date:

Authorized

Representative:

Signature:

Print Name &

Title:

The Willingboro Municipal Utilities Authority (“WMUA” or “Authority”) solicits statements of qualification for applicants for appointment to the following professional positions.

a. Attorney (Solicitor)

b. Labor Counsel

c. Conflict/Special Projects Counsel

d. Rate & Energy Counsel

e. Bond Counsel

f. Consulting Engineer

g. Special Project Engineers

h. Financial Advisor

i. Independent Auditor

j. Special Project Auditor

k. Insurance Broker (EUS)

l. Authority Physician

Responses should address the general criteria and mandatory minimum criteria for the position sought. All responses to this Request for Qualifications (“RFQ”) will be treated as confidential and reviewed only by representatives of the WMUA unless otherwise required by law.

Responses must be received No later than 10:00 AM November 26, 2024 on bidnet direct

NO EMAILED OR PHYSICAL RESPONSES WILL BE ACCEPTED.

ALL QUESTIONS AND SUBMITTALS ARE TO BE ON:

www.bidnetdirect.com//wmua

All responses shall be opened, and the name of each responding entity shall be announced publicly, immediately thereafter. Responses will be reviewed by the WMUA, and all appointments will be announced at a public meeting. Unless otherwise noted, appointments shall be for the period February 1, 2025, through February 28, 2026, and subject to the execution of an appropriate contract.

General Proposal Requirements

The request for qualifications is to be formatted as follows to assure consistency:

Section A. Understanding of the Scope of Services to be Provided for the WMUA.

Section B. Qualifications & Experience of the Firm or Business Entity

Section C. Resume & Qualifications of Key Personnel

Section D. Client Reference List http://www.bidnetdirect.com/wmua

Section E. Conflict of Interest(s): This section should disclose any potential conflicts of interest that the firm may have in performing these services for the WMUA.

Section F. Required Evidence: Checklist followed by Required Forms

Section G. Miscellaneous/Other information (This section is for any further pertinent data and information not included elsewhere in the RFP and found necessary by the proposer).

Section H. Fee structure of all personnel who will provide services and fees for out-of-pocket expenses.

Miscellaneous Requirements

1. The WMUA will not be responsible for any expenses incurred by any firm in preparing or submitting a proposal. All proposals shall provide a straightforward, concise delineation of the firm’s capabilities to attest to the requirements of this Request for Qualifications. Emphasis should be on completeness and clarity of content.

2. The contents of the proposal submitted by the successful firm(s) and this Request for

Qualifications may become part of the contract for these services. The successful firm(s) will be expected to execute said contract with the WMUA.

3. The original Proposal shall be signed in ink by the individual or authorized principal of the responding party. Proposals submitted shall be valid for a minimum of 60 days from the date of opening.

4. The WMUA reserves the right to reject any and all proposals received by reason of this

Request for Qualifications or to negotiate separately in any manner necessary to serve the best interests of the Authority. Firms whose proposals are not accepted will be notified in writing.

5. Any selected firm is prohibited from assigning, transferring, conveying, subletting or otherwise disposing of this Agreement of its rights, title, or interest therein or its power to execute such agreement to any other person, company or corporation without the prior written consent of the Authority.

Insurance Requirements

Prior to commencing work under contract, each successful firm shall furnish the WMUA with a certificate of insurance as evidence that it has procured the insurance coverage required herein. A carrier approved by the WMUA must provide the coverage. Firms must give the WMUA a sixty

(60) day notice of cancellation, non-renewal, or change in insurance coverage. The successful firm(s) shall provide and maintain the following minimum limits of insurance coverage during the period of performance required under the contract resulting from this Request for

Qualifications:

Professional Liability

Minimum of $1,000,000.00 errors and omissions per occurrence to be amended based upon the specific work and values involved.

Workers’ Compensation and Employers’ Liability

• Statutory coverage for New Jersey

• $100,000.00 Employer’s Liability

General Liability

Minimum of $1,000,000 per occurrence to be amended based upon the specific work and values involved. The WMUA shall be named as additional insured with respect to general liability.

Automobile Liability

Minimum of $1,000,000 per occurrence / $1,000,000 aggregate. This coverage is required if the operation of any vehicle is required in the performance of the services detailed herein (including but not limited to the use of a vehicle to make any on-site visits).

Indemnification

The selected firm(s) shall defend, indemnify, and hold harmless the WMUA, its officers, agents, and employees from any and all claims and costs of any nature. Whether for personal injury, property damage, or other liability arising out of or in any way connected with the firm’s acts or omissions under this agreement.

Evaluation Of Proposals

The proposal will be evaluated by the Board of Commissioners, or their designee(s), based on the criteria listed below.

• Understanding of the services requested.

• Proven record of experience and reputation of the Firm or Business entity in providing the type of services detailed herein and including information collected from references.

• Qualifications of key personnel.

• Ability to provide services in a timely manner.

• Fees to be charged to the WMUA.

• Completeness and clarity of submission overall.

Specific Proposal Requirements

Attorney (Solicitor)

General Criteria: The WMUA desires to appoint an attorney who will be the chief, general legal officer of the Authority. Applicants should demonstrate knowledge of general New Jersey municipal law, New Jersey environmental law and municipal contract law. Any experience or knowledge of matters directly affecting the WMUA should be addressed.

Mandatory Minimum Requirements

1. Must be licensed to practice law in the State of New Jersey for a period of not less than ten (10) years preceding the proposed appointment, and eligible to appear before all state and federal courts in New Jersey., as well as New Jersey administrative agencies and the Office of

Administrative Law.

2. Must have a minimum of five (5) years of experience in the general representation of municipal governments or municipal authorities.

3. Must list past and present municipal or government authorities represented.

4. Must maintain a bona fide principal office in the State of New Jersey.

5. Must have sufficient support staff available to provide all general legal services required by the Authority including, but not limited to, legal research, preparation of resolutions, preparation of ordinances, preparation of contracts and other legal documents.

6. State the qualifications and experience of the attorneys proposed to staff the work. For each attorney that would be involved in handling the work as Attorney (Solicitor) pursuant to this

RFQ, provide detailed background information including information as to the areas listed below. You may also attach a resume for each attorney:

a. Education, including advanced degrees;

b. Years and jurisdictions of admission to practice;

c. Number of years engaged in practice in the area of law relevant to this RFQ;

d. General legal or other relevant work experience;

e. Any professional distinctions (e.g., trial certification, teaching experience);

f. Area(s) of specialization; and

g. Office location of the attorney.

7. As to the partners of the firm who likely would be involved in handling the work as Attorney

(Solicitor), describe the role each would play.

Labor Counsel

General Criteria: The WMUA desires to appoint an attorney or firm who will be the

Authority’s primary representative in all matters relating to labor relations. Applicants should demonstrate knowledge of and experience in the representation of public employers. Any experience or knowledge of matters that directly affect the WMUA should be addressed.

1. Must be licensed to practice law in the State of New Jersey and eligible to appear before all state and federal courts and administrative agencies of the State of New Jersey for a period of not less than ten (10) years preceding the appointment.

2. Must have a minimum of five (5) years of experience, representing or administering public employers in labor relation matters

3. Must have sufficient support staff to provide all services required by the Authority including, but not limited to, legal research, preparation of legal memoranda, contracts and other legal documents.

4. Must maintain a bona fide principal office in the State of New Jersey.

5. Must list past and present public employers.

6. State the qualifications and experience of the attorneys proposed to staff the work. For each attorney that would be involved in handling the work as Labor Counsel pursuant to this RFQ, provide detailed background information including information as to the areas listed below. You may also attach a resume for each attorney:

a. Education, including advanced degrees;

b. Years and jurisdictions of admission to practice;

c. Number of years engaged in practice in the area of law relevant to this RFQ;

d. General legal or other relevant work experience;

e. Any professional distinctions (e.g., trial certification, teaching experience);

f. Area(s) of specialization; and

g. Office location of the attorney.

7. As to the partners of the firm who likely would be involved in handling the work as Labor

Counsel, describe the role each would play.

Conflict/Special Projects Counsel

General Criteria: The WMUA desires to appoint an attorney or law firm(s) who will represent the WMUA in special and or conflict matters as determined by the Executive Director.

Applicants should demonstrate knowledge of general New Jersey municipal law, New Jersey environmental law, and municipal contract law and litigation. Any experience or knowledge of matters directly affecting the WMUA should be addressed.

ten (10) years preceding the proposed appointment, and eligible to appear before all state and federal courts in New Jersey as well as New Jersey administrative agencies and the Office of

Administrative Law.

2. Must have a minimum of five (5) years of experience in the general representation of municipal governments or municipal authorities.

3. Must list past and present municipal or government authorities represented.

4. Must maintain a bona fide principal office in the State of New Jersey.

5. Must have sufficient support staff available to provide all general legal services required by the Authority including, but not limited to, legal research, preparation of resolutions, preparation of ordinances, preparation of contracts and other legal documents and representing the Authority before any state or federal court or agency.

6. Must list all clients who have a contract or provide services to the Authority or have an adverse position to the Authority.

7. State the qualifications and experience of the attorneys proposed to staff the work. For each attorney that would be involved in handling the work as Conflict/Special Projects Counsel pursuant to this RFQ, provide detailed background information including information as to the areas listed below. You may also attach a resume for each attorney:

a. Education, including advanced degrees;

b. Years and jurisdictions of admission to practice;

c. Number of years engaged in practice in the area of law relevant to this RFQ;

d. General legal or other relevant work experience;

e. Any professional distinctions (e.g., trial certification, teaching experience);

f. Area(s) of specialization; and

g. Office location of the attorney.

8. As to the partners of the firm who likely would be involved in handling the work as

Conflict/Special Projects Counsel, describe the role each would play.

Rate & Energy Counsel

General Criteria: The WMUA desires to appoint an attorney or law firm(s) who will represent the WMUA in areas of water/sewer rates and energy-related items as determined by the

Executive Director. Applicants should demonstrate knowledge of general New Jersey municipal law, New Jersey environmental law, and municipal contract law and litigation. Any experience or knowledge of matters directly affecting the WMUA should be addressed.

ten (10) years preceding the proposed appointment, and eligible to appear before all state and federal courts in New Jersey as well as New Jersey administrative agencies and the Office of

Administrative Law.

2. Must have a minimum of five (5) years of experience in the general representation of municipal governments or municipal authorities relating to water/sewer rates and energy items.

3. Must list past and present municipal or government authorities represented.

4. Must maintain a bona fide principal office in the State of New Jersey.

5. Must have sufficient support staff available to provide all general legal services required by the Authority including, but not limited to, legal research, preparation of resolutions, preparation of ordinances, preparation of contracts and other legal documents and representing the Authority before any state or federal court or agency.

6. Must list all clients who have a contract or provide services to the Authority or have an adverse position to the Authority.

7. State the qualifications and experience of the attorneys proposed to staff the work. For each attorney that would be involved in handling the work as Rate & Energy Counsel pursuant to this RFQ, provide detailed background information including information as to the areas listed below. You may also attach a resume for each attorney:

a. Education, including advanced degrees;

b. Years and jurisdictions of admission to practice;

c. Number of years engaged in practice in the area of law relevant to this RFQ;

d. General legal or other relevant work experience;

e. Any professional distinctions (e.g., trial certification, teaching experience);

f. Area(s) of specialization; and

g. Office location of the attorney.

8. As to the partners of the firm who likely would be involved in handling the work as Rate

& Energy Counsel, describe the role each would play.

Bond Counsel

General Criteria: The WMUA desires to appoint an attorney or law firm(s) who will be the primary legal representative of the Authority in all matters relating to the issuance of public debt instruments including bonds and bond anticipation notes of the Authority. Applicant should demonstrate knowledge of municipal bond and finance law. Any experience or knowledge of matters that directly affect the WMUA should be addressed.

1. Must be licensed to practice law in the State of New Jersey and eligible to appear before all state and federal courts and administrative offices of the State of New Jersey for a period of not less than ten (10) years preceding appointment.

2. Must have a minimum of seven (7) years of experience representing municipal entities in connection with the approval of bond ordinances and the issuance of municipal bonds and/or notes.

3. Must maintain a bona fide office in the State of New Jersey.

4. Must have sufficient support staff to provide all services required by the Authority including, but not limited to, the preparation of all documents necessary and incidental to the issuance of bonds and other municipal obligations.

5. Must list past and present public entities represented as Bond Counsel.

6. State the qualifications and experience of the attorneys proposed to staff the work. For each attorney that would be involved in handling the work as Bond Counsel, pursuant to this

RFQ, provide detailed background information including information as to the areas listed below. You may also attach a resume for each attorney:

a. Education, including advanced degrees;

b. Years and jurisdictions of admission to practice;

c. Number of years engaged in practice in the area of law relevant to this RFQ;

d. General legal or other relevant work experience;

e. Any professional distinctions (e.g., trial certification, teaching experience);

f. Area(s) of specialization; and

g. Office location of the attorney.

7. As to the partners of the firm who likely would be involved in handling the work as Bond

Counsel, describe the role each would play.

Consulting Engineer

General Criteria: The WMUA desires to appoint a firm(s) to provide consulting engineering services to the Authority. Applicants should demonstrate knowledge and experience with respect to all aspects of engineering services required by a municipal utilities authority. Any experience or knowledge of matters that directly affect the WMUA should be addressed. The successful firm(s) shall comply with all applicable federal, state, and local statutes, rules, and regulations.

1. Must be certified to provide engineering services in the State of New Jersey.

2. Must have a minimum of ten (10) years of experience in providing consulting services to municipalities including demonstrated experience with water and sewer projects, drainage improvement projects, utility upgrades and replacement, public building improvement programs, land surveying and mapping projects.

3. Must be experienced in obtaining permits and approvals from various state, county, and local regulatory agencies.

4. Must maintain a staff of New Jersey licensed or certified professionals sufficient to service the WMUA including but not limited to: civil engineers, land surveyors, planners, environmental scientists, and construction administrators.

5. Must maintain a principal office location in close proximity to Willingboro to be able to respond to emergent matters promptly.

6. Must be experienced in the preparation of grant applications.

7. Must have project managers with at least five (5) years of municipal experience.

8. Must list past and present municipalities served as Consulting Engineer.

Special Project Engineers

General Criteria: The WMUA desires to appoint a firm(s) to provide engineering services for special projects to the Authority. Applicants should demonstrate knowledge and experience with respect to all aspects of engineering services required by a municipal utilities authority. Any experience or knowledge of matters that directly affect the WMUA should be addressed. The successful firm(s) shall comply with all applicable federal, state, and local statutes, rules, and regulations.

1. Must be certified to provide engineering services in the State of New Jersey.

2. Must have a minimum of ten (10) years of experience in providing consulting services to municipalities including demonstrated experience with water and sewer projects, drainage improvement projects, utility upgrades and replacement, public building improvement programs, land surveying, and mapping projects.

3. Must be experienced in obtaining permits and approvals from various state, county, and local regulatory agencies.

4. Must maintain a staff of New Jersey licensed or certified professionals sufficient to service the WMUA including but not limited to: civil engineers, land surveyors, planners, environmental scientists, and construction administrators.

5. Must maintain a principal office location in close proximity to Willingboro to be able to respond to emergent matters promptly.

6. Must be experienced in the preparation of grant applications.

7. Must have project managers with at least five (5) years of municipal experience.

8. Must list past and present municipalities served as Consulting Engineer.

Financial Advisor

General Criteria: The WMUA desires to appoint a financial advisor(s) who will be the primary representative of the Authority in all matters relating to the issuance of public debt instruments including bonds and bond anticipation notes of the Authority. Applicant should demonstrate knowledge of municipal bond and finance law. Any experience or knowledge of

1. Must be licensed in the State of New Jersey and eligible to administer financial advice for the issuance of public financing.

2. Must have a minimum of ten (10) years of experience representing municipal entities in connection with the approval of bond ordinances and the issuance of municipal bonds and/or notes.

3. Must maintain a bona fide office in the State of New Jersey.

4. Must have sufficient support staff to provide all services required by the Authority including, but not limited to, the preparation of all documents necessary and incidental to the issuance of bonds and other municipal obligations.

5. Must list past and present public entities represented as Financial Advisor.

Independent Auditor

General Criteria: The WMUA desires to appoint a firm of certified public accountants to act as municipal auditor for the WMUA. Applicant(s) should demonstrate knowledge of municipal utilities auditing laws and regulations and experience in providing advice to municipal entities on records compliance issues. Any experience or knowledge of matters that directly affect the

WMUA should be addressed.

1. The firm must employ a minimum of one (1) certified public accountant who has been licensed in that capacity for a period of not less than five (5) years each prior to the date of appointment.

2 The firm must employ a minimum of one (1) registered municipal accountant qualified in that capacity for a minimum of five (5) years each prior to the appointment.

3. Must have a minimum of seven (7) years’ experience in providing auditing services to utilities authorities within the State of New Jersey.

4. Must maintain a current principal office within the State of New Jersey.

5. Must describe any special services available to municipal clients,

6. Must list all past and present municipal clients.

Special Project Auditor

General Criteria: The WMUA desires to appoint a firm of certified public accountants to act as special project auditor for the WMUA. Applicant(s) should demonstrate knowledge of municipal utilities auditing laws and regulations and experience in providing advice to municipal entities on records compliance issues. Any experience or knowledge of matters that directly affect the WMUA should be addressed.

1. The firm must employ a minimum of one (1) certified public accountant who has been licensed in that capacity for a period of not less than five (5) years each prior to the date of appointment.

2 The firm must employ a minimum of one (1) registered municipal accountant qualified in that capacity for a minimum of five (5) years each prior to the appointment.

3. Must have a minimum of seven (7) years’ experience in providing auditing services to utilities authorities within the State of New Jersey.

4. Must maintain a current principal office within the State of New Jersey.

5. Must describe any special services available to municipal clients, Insurance Broker

General Criteria: The WMUA desires to appoint an insurance broker. Applicants should demonstrate knowledge of New Jersey municipal insurance law and practice.

1. Must be licensed as an insurance broker in the State of New Jersey for a period of not less than ten (10) years preceding the proposed appointment, and eligible to perform all tasks associated with insurance coverage for New Jersey municipal utility authorities.

2. Must have a minimum of five (5) years of experience in the general representation of municipal governments or municipal authorities in the insurance practice.

3. Must list past and present municipal or government authorities represented.

4. Must maintain a bona fide principal office in the State of New Jersey.

5. Must have sufficient support staff available to provide all general insurance services required by the Authority.

Authority Physician

General Criteria: The WMUA desires to appoint an Authority physician who will be a primary resource to provide emergency medical attention as required for employees of the

WMUA and regular care and referral services for employees injured while in the course of their employment as well as drug and alcohol screening. Applicants should demonstrate knowledge and experience serving as physicians for municipal entities. Any experience or knowledge of

1. Must be licensed to practice medicine in the State of New Jersey for a minimum of (10) years prior to appointment.

2. Must have a minimum of ten (10) years of experience in treatment and care as it relates to occupational health issues.

3. Must have demonstrable experience in dealing with issues particular to the fitness for duty of public employees.

4. Must have sufficient staff to perform all clerical functions required by a municipal entity of its appointed physician.

5. Must have a principal office in close proximity to the WMUA, preferably within the

WMUA service area for the purpose of providing prompt access for Authority employees.

WMUA Tracking Questionnaire Regarding Good-Faith Efforts to Ensure

Fair Inclusion of Women and Minorities in the Workforce

Name of Organization:

Contact Email Address:

Contact Name:

Contact Phone Number:

Contact Title:

Date:

The Willingboro Municipal Utilities Authority ("WMUA") recognizes diversity and inclusion as a core value that strengthens our ability to deliver a premier service. We believe that an analysis of the participation and roles of certain groups that have historically been underrepresented in professional services is of particular importance to the WMUA. To that end, we are asking the private firms/business entities (“Entity”) to complete this survey so that we may benchmark and track information about diversity and inclusion.

Please check the box that accurately describes the policies, procedures, or practices in place at your organization at the time of the completion of this questionnaire.

1. Organizational Commitment to Diversity and Inclusion

The Entity has a diversity and inclusion strategy or includes diversity and inclusion considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity’s senior leadership has expressed public support for its diversity and inclusion efforts.

☐ Yes ☐ No

The Entity has highlighted on its website, in social media, and in marketing materials that it is an equal opportunity employer and values diversity.

☐ Yes ☐ No

The Entity has an equal employment opportunity policy and grievance process to address discrimination concerns.

☐ Yes ☐ No

The Entity has a senior-level official, preferably with knowledge of and experience in diversity and inclusion policies and practices, who oversees and directs the Entity’s diversity and inclusion efforts.

☐ Yes ☐ No

2. Recruitment Practices

The Entity utilizes a diverse panel of interviewers when meeting with candidates. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity recruits at historically black colleges and universities, Hispanic-serving institutions, women’s colleges, military colleges, and/or colleges that typically serve a majority-minority population. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

The Entity posts or advertises employment opportunities in media and publications focused on minorities and women.

considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity ensures that women and minorities are made aware of job opportunities within the organization by posting all open positions. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity uses staffing agencies that target women and minorities for experienced hire needs. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity utilizes relationships with relevant diverse professional associations to assist with recruitment efforts.

considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity participates in conferences, workshops, and other events to attract women and minorities and to inform them of employment and promotion opportunities. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity’s recruiting materials reflect staff diversity. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity leverages employees from different backgrounds to assist in recruitment efforts through their professional and educational networks. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

3. Retention Strategies

The Entity has established mentoring and sponsorship programs to enhance career development opportunities and retention of employees. Such relationships include providing informal guidance and feedback to employees to help guide them and serve as a resource. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity partners with diversity-focused professional business organizations to support the professional and leadership development of women and minorities within the Entity. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity maintains policies and procedures to ensure the inclusion of women and minorities in all business activities, including management. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity supports employee resource groups to facilitate employee engagement, networking, and personal development.

considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

The Entity supports career/work life balance with flexible work schedules, telework, wellness programs, etc.

considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity assesses employee contributions to diversity and inclusion through performance appraisals and reviews.

considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

4. Training and Development

The Entity requires all employees to successfully complete diversity and/or equal employment opportunity training on at least an annual basis. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

Taxpayer Identification

Certificate of Insurance

In accordance with the requirements for Specific Proposal Requirements

False Statement Penalties Certification

N.J.S.A. 40A:11-34

Any person who makes or causes to be made, a false, deceptive or fraudulent statement in the statement or answers in response to the questionnaire, or in the course of any hearing hereunder, shall be guilty of a misdemeanor, and upon conviction shall be punishable by a fine of not less than $100.00 nor more than $1,000.00, and shall be permanently disqualified from bidding on all public work or contracts of the contracting unit which submitted the questionnaire; or, in the case of an individual or an officer or employee charged with the duty of responding to the questionnaire for a person, firm, co-partnership, association or corporation, by such fine or by imprisonment, not exceeding 6 months, or both.

Print Name Signature of Preparer or

Officer of the Applicant

Sworn and subscribed to before me on this ________ day of

_______________________, 20____ Signature of Notary

Notary seal Print Name

Americans With Disabilities Act

Equal Opportunity for Individuals with Disabilities

The Contractor and the Willingboro Municipal Utilities Authority (“Authority”) do hereby agree that the provision of Title II of the Americans With Disabilities Act of 1990 (the “ADA”) (42 U.S.C. Section 12101 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 thereunto, are made a part of this contract. In providing any aid, benefit or service on behalf of the Authority pursuant to this contract, the Contractor agrees that the performance shall be in strict compliance with the ADA. In the event that the Contractor, its agents, servants, employees or subcontractors violate or are alleged to have violated the ADA during the performance of this contract, the Contractor shall defend the Authority in any action or administrative proceeding commenced pursuant to this ADA. The Contractor shall indemnify, protect and save harmless the Authority, 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 Authority grievance procedure, the Contractor agrees to abide by any decision of the Authority which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the Authority or if the Authority 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 Authority 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 Authority or any of its agents, servants, and employees, the Authority shall expeditiously forward or have forwarded to the Contractor every demand, complaint, notice, summons, pleading or other process received by the Authority or its representatives.

It is expressly agreed and understood that any approval by the Authority of the services provided by the Contractor pursuant to this contract will not relieve the Contractor of the obligation to comply with the ADA and to defend, indemnify, protect, and save harmless the Authority pursuant to this paragraph.

It is further agreed and understood that the Authority 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 Authority from taking any other actions available to it under any other provisions of this agreement or otherwise by law.

Initials ______________

WMUA Tracking Questionnaire Regarding Good-Faith Efforts to Ensure

Fair Inclusion of Women and Minorities in the Workforce

Contact Email Address:

Contact Name:

Contact Phone Number:

Contact Title:

The Willingboro Municipal Utilities Authority ("WMUA") recognizes diversity and inclusion as a core value that strengthens our ability to deliver a premier service. We believe that an analysis of the participation and roles of certain groups that have historically been underrepresented in professional services is of particular importance to the WMUA. To that end, we are asking the private bidders/business entities (“Entity”) to complete this survey so that we may benchmark and track information about diversity and inclusion.

Please check the box that accurately describes the policies, procedures, or practices in place at your organization at the time of the completion of this questionnaire.

5. Organizational Commitment to Diversity and Inclusion

The Entity has a diversity and inclusion strategy or includes diversity and inclusion considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity’s senior leadership has expressed public support for its diversity and inclusion efforts.

☐ Yes ☐ No

The Entity has highlighted on its website, in social media, and in marketing materials that it is an equal opportunity employer and values diversity.

☐ Yes ☐ No

The Entity has an equal employment opportunity policy and grievance process to address discrimination concerns.

☐ Yes ☐ No

The Entity has a senior-level official, preferably with knowledge of and experience in diversity and inclusion policies and practices, who oversees and directs the Entity’s diversity and inclusion efforts.

6. Recruitment Practices

The Entity utilizes a diverse panel of interviewers when meeting with candidates. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity recruits at historically black colleges and universities, Hispanic-serving institutions, women’s colleges, military colleges, and/or colleges that typically serve a majority-minority population. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity posts or advertises employment opportunities in media and publications focused on minorities and women. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

The Entity ensures that women and minorities are made aware of job opportunities within the organization by posting all open positions. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity uses staffing agencies that target women and minorities for experienced hire needs. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity utilizes relationships with relevant diverse professional associations to assist with recruitment efforts. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity participates in conferences, workshops, and other events to attract women and minorities and to inform them of employment and promotion opportunities. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity’s recruiting materials reflect staff diversity. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity leverages employees from different backgrounds to assist in recruitment efforts through their professional and educational networks. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

7. Retention Strategies

The Entity has established mentoring and sponsorship programs to enhance career development opportunities and retention of employees. Such relationships include providing informal guidance and feedback to employees to help guide them and serve as a resource. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity partners with diversity-focused professional business organizations to support the professional and leadership development of women and minorities within the Entity. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity maintains policies and procedures to ensure the inclusion of women and minorities in all business activities, including management. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity supports employee resource groups to facilitate employee engagement, networking, and personal development.

considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity supports career/work life balance with flexible work schedules, telework, wellness programs, etc. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

☐ Yes ☐ No

The Entity assesses employee contributions to diversity and inclusion through performance appraisals and reviews. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

8. Training and Development

The Entity requires all employees to successfully complete diversity and/or equal employment opportunity training on at least an annual basis. considerations as part of its strategic plan for recruiting, hiring, retention, and promotion.

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. 17:27-1.1 et seq.

GOODS, GENERAL SERVICES, AND PROFESSIONAL SERVICES 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, affection- al 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 apprentice- ship. 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.

Experience & Qualifications Questionnaire

EXHIBIT A (Cont)

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; or

Employee Information Report Form AA-302 (electronically provided by the Division through the Division’s website at: http://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 request- ed 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 N.J.A.C.

17:27-1.1 et seq.

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

NEW JERSEY ANTI-DISCRIMINATION PROVISIONS

N.J.S.A. 10:2-1 ET SEQ.

Pursuant to N.J.S.A.