1 ST. MARY’S PLACE

DENVILLE, N.J. 07834

BIDDER

ADDRESS

PHONE #

FAX #

E-MAIL

TITLE OF BID: Twp of Denville Field & Lawn Maintenance

MUNICIPAL BID #: 6-2026

Bid opening November 4, 2026 at 11AM

THOMAS W. ANDES, MAYOR

TOWNSHIP COUNCIL

GLEN BUIE, COUNCIL PRESIDENT

GARY BOROWIEC

HARRY FAHRER

ROBERT SIMPSON

MARK VENIS

CHRISTINA V. KOVACS

TOWNSHIP OF DENVILLE

MORRIS COUNTY, NEW JERSEY

NOTICE TO BIDDERS

NOTICE is hereby given that sealed bids will be received by the Township of Denville (hereinafter called the "Owner") for:

Municipal Bid #6-2026 Contract for Lawn and Field Maintenance in the Township of Denville

Sealed bids for the above named Contract, within the Township of Denville, Morris County, New Jersey ("Owner"), will be received by the Township Purchasing Agent at the Township of Denville, 1 St. Mary’s Place, Denville, New Jersey 07834 on November 4, 2026 at 11:00 am. prevailing time, at which time they will be publicly unsealed and the contents publicly announced.

No bid will be received unless in writing on the forms furnished, and unless accompanied by bid security in the form of a bid bond, cashier's check, or a certified check made payable to the Township of Denville in an amount equal to 10% of the amount of the total bid, but not exceeding $20,000.

Bidders must use the prepared bid form which is contained in the Contract Documents. Each individual proposal must be separately enclosed in a sealed envelope addressed to Melissa Unrath, Township Purchasing Agent, Township of Denville, 1 St. Mary’s Place, Denville, New Jersey 07834 marked on the outside with the number of the contract(s) and name of the project being bid on.

Bid packets may be reviewed and downloaded online at no cost through the New Jersey Purchasing Group online bid system at www.bidnetdirect.com/new-jersey or downloaded on the Township of Denville web-site at www.denvillenj.org by going to quick links and current projects. Questions should be directed to Melissa Unrath, Purchasing Agent, at 973-625-8300 ext. 296 or by e-mail to purchasing@denvillenj.org.

Bidders are required to comply with the provisions of N.J.S.A. 10:5-31 et. seq. and N.J.A.C. 17:27, and any amendments thereto, regarding Affirmative Action. The successful bidder, upon notification of the Township’s intent to award a contract to said bidder, must supply the Township with one of the following Affirmative Action documents:

1. A photocopy of the bidder's current Federal Affirmative Action Plan Approval Letter; or

2. A photocopy of the bidder's current Certificate of Employee Information Report issued in accordance with N.J.A.C. 17:27-1.1 et seq.; or

3. The Township’s copy of the bidder's completed Initial Employee Report, Form AA-302, as submitted to the Division of Contract Compliance and EEO in Public Contracts.

By Order of the Township of Denville

Melissa Unrath, Purchasing Agent

TABLE OF CONTENTS

TOWNSHIP OF DENVILLE

Field and Lawn Maintenance

IB - INSTRUCTION TO BIDDERS ................................................................................................................. IB

Contract Documents .............................................................................................................................. IB-1

Examination ........................................................................................................................................... IB-1

Questions ............................................................................................................................................... IB-1

Omissions and Discrepancies ................................................................................................................. IB-1

Qualifications of Bidders ........................................................................................................................ IB-1

Comparison of Bids ................................................................................................................................ IB-2

Bid Submission ....................................................................................................................................... IB-2

Bidder's Warranty .................................................................................................................................. IB-2

Bids ......................................................................................................................................................... IB-2

Informal Bids .......................................................................................................................................... IB-2

Time to Award Contract ......................................................................................................................... IB-2

Withdrawal of Bids................................................................................................................................. IB-3

Withdrawal of Bids – Mistakes .............................................................................................................. IB-3

Obligation of Bidders ............................................................................................................................. IB-3

Bidder Responsibility ............................................................................................................................. IB-4

Lowest Qualified Bidder ......................................................................................................................... IB-4

Bid Security/Bid Deposit ........................................................................................................................ IB-4

Consent of Surety .................................................................................................................................. IB-5

Right to Reject Bids ................................................................................................................................ IB-5

Execution of Contract ............................................................................................................................ IB-5

Damages................................................................................................................................................. IB-5

Insurance Certificates ............................................................................................................................ IB-5

Subcontractors ....................................................................................................................................... IB-5

Power of Attorney ................................................................................................................................. IB-5

Non-Collusion Affidavit .......................................................................................................................... IB-5

Conditions of Work ................................................................................................................................ IB-6

Materials ................................................................................................................................................ IB-6

Bonds ..................................................................................................................................................... IB-6

Time for Completion .............................................................................................................................. IB-6

Substitution ............................................................................................................................................ IB-6

Liquidated Damages .............................................................................................................................. IB-7

Information Not Guaranteed ................................................................................................................. IB-7

Sales and Use Taxes ............................................................................................................................... IB-7

Process of Resolution for Construction Contract Disputes ................................................................... IB-7

Law Against Discrimination .................................................................................................................... IB-8

Use of Small and Minority-Owned Business .......................................................................................... IB-8

Compliance with New Jersey P.L. 1977 Chapter 33 N.J.S.A. 52:25-24.2 ............................................... IB-8

State of New Jersey Affirmative Action Requirements ......................................................................... IB-9

Public Law 2012 – Chapter 25.............................................................................................................. IB-11

Annual Political Contribution Disclosure Requirement ....................................................................... IB-12

Federally Funded Contracts ................................................................................................................. IB-12

Federal Non-Debarment Certification ................................................................................................. IB-13

NJSA 40A:11-16.7 Changes, Changed Conditions, Change Orders ...................................................... IB-13

BD - BID DOCUMENTS .............................................................................................................................. BD

Specifications…..……………………………………………………………………………………………………………………….…….BD-1

Critical Element Checklist………………………………………………………………………………………………………………BD-15

Bid Submission Checklist…… …………………………………………………………………………….…...……………………..BD-16

Proposal Form…………………………………………………………………………………………………………………….…………BD-19

Bid Bond Form…. ................................................................................................................................ BD-20

Important Bidder Information RE: Bid Bonds .................................................................................... BD-22

Statement of Ownership Disclosure .................................................................................................. BD-23

Acknowledgement of Receipt of Notices, Revisions, or Addenda .................................................... BD-25

Bid Submission Notice ....................................................................................................................... BD-26

Bidder's Signature Page…………………………………………………………………………………………………..…………...BD-27

Non-collusion Affidavit ...................................................................................................................... BD-28

Equipment Certification Form ........................................................................................................... BD-29

Goods, General Services and Professional Services Contract: EXHIBIT A .................................................. BD-30

Mandatory Equal Employment Opportunity Notice ......................................................................... BD-32

Disclosure of Investment Activities in Iran, Russia, & Belarus .......................................................... BD-33

Contractor’s Experience Statement ................................................................................................... BD-35

Insurance Requirements .................................................................................................................... BD-36

CONTRACT ....................................................................................................................................... CON 1-4

ADA – Americans with Disabilities Act ............................................................................................... ADA-1

Instruction to Bidders

Township of Denville IB-1

IB - INSTRUCTION TO BIDDERS

INSTRUCTIONS TO BIDDERS

Contract Documents

The Contract Documents are defined in the General Conditions and may be obtained online at our website https://www.denvillenj.org/current_projects.php or at the Purchasing Office, 1 St Mary’s Place during regular business hours, 8:00 AM to 4:00 PM Monday through Friday, excluding holidays as stated in the Notice to Bidders.

Payments will not be refunded and the Contract Documents need not be returned.

Examination

Bidders must examine the Contract Documents that form the Contract, become thoroughly familiar with the plans and specifications, must visit the location of the work and inform themselves of the conditions and make their own estimate of the facilities and difficulties attending the execution of the work.

Questions

No oral interpretation shall be made to any Bidder as to the meaning of any of the Contract Documents or be effective to modify any of the provisions of the Contract Documents. All questions shall be submitted to the Purchasing Agent via email at purchasing@denvillenj.org, dated at least ten (10) days before the established date for Bid opening. The bidder will arrange an addendum, which shall become part of the contract, all pertinent questions received and his decision regarding each. Prior to the opening of the Bids, a copy of these addenda will be sent to each of those who have obtained a set of the Contract Documents.

Bidders shall acknowledge receipt of addenda in the form provided in the Bid. In the event that the Bidder does not acknowledge receipt of any or all addenda, bid will be rejected.

Omissions and Discrepancies

Should a Bidder find discrepancies or omissions in the Contract Documents, or should he be in doubt as to their meaning, he should immediately notify, in writing, the Purchasing Agent who shall issue an addendum for clarification to all of those who have received sets of Contract Documents. Time limits shall be as defined in Section 3, "Questions."

Qualifications of Bidders

The Owner may make such investigation as he deems necessary to determine the ability of the Bidder to perform the work, and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request.

The Owner reserves the right to reject any Bid if the evidence submitted or investigation of such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein.

Township of Denville IB-2

Comparison of Bids

Comparison of Bids will be made on the basis of the total price Bid all Items listed. The estimates of the quantities given in the Bid are for the purpose of arriving at a total price Bid for the project to make a comparison in awarding the work. All lump sum and unit Bid prices must be rounded to the nearest cent.

Prices less than one cent for unit prices or lump sums will not be accepted.

Bid Submission

Each Bid must be submitted in a sealed envelope bearing on the outside, the name of the Bidder, his address and the name of the project for which the Bid is submitted.

Enclosed in the sealed envelope with the Bid (or in accordance with the checklist) shall be the following documents:

(1) Bid Document Submission Checklist

(2) Bid Guarantee

(3) Statement of Ownership Disclosure

(4) List of Subcontractors

(5) Addenda Acknowledgement Form

(6) Signature Page

(8) Non-Collusion Affidavit

(9) Equipment Certification Form

(10) Mandatory Equal Employment Opportunity Notice

(11) Disclosure of Investment Activities in Iran and Russia Belarus

(12) Contractor’s Experience Statement

Bidder's Warranty

By the act of submitting a Bid for the proposed contract, the Bidder warrants that neither the Bidder nor any of his employees, agents, intended suppliers or Subcontractors have relied upon any verbal representations, allegedly authorized or unauthorized from the Owner, his employees or agents including architects, engineers or consultants, in assembling the Bid figure.

Bids

All Bids must be presented upon the blank Bid forms included in the Contract Documents, and shall state the proposed price for the work both in words and in figures, and shall be signed by the Bidder with his address and name of corporation or company. Bid forms shall not be altered or added to in any way. Where there is a discrepancy between the price in words and the price in figures, the price in words shall control.

Informal Bids

The Owner may reject as incomplete, Bids that contain erasures not properly initialed or incomplete Bid Documents. The Owner reserves the right to waive any minor informalities.

Time to Award Contract

The Owner will make an award of the contract(s) under and pursuant to N.J.S.A. 40 A: 11-1 et seq., (New Jersey Public Contracts Law), within sixty (60) days from the date of the receipt of the Bids, and within such extension periods as the Bidders may agree to thereafter.

Township of Denville IB-3

Withdrawal of Bids

The attention of Bidders is directed to the fact that in submitting his Bid, the Bidder agrees that he will not withdraw it within sixty (60) consecutive calendar days after opening the Bids except as noted in the following section.

Upon proper request and identification, Bids may be withdrawn as follows:

A. At any time prior to the designated time for the opening of Bids, B. Provided the Bid has not been accepted by the Owner, at any time subsequent to the expiration of the period during which the Bidder has agreed not to withdraw his Bid.

Unless a Bid is formally withdrawn, it shall be deemed open for acceptance until the contract agreement has been executed by both parties thereto or until the Owner manifests that he does not intend to accept the Bid. Notice of acceptance of a Bid shall not constitute rejection of any other Bid.

Bids may be withdrawn upon Written Notification from the Bidder up to 24-hours prior to the advertised date of opening. Evidence that the request does in fact represent the principal(s) having submitted the proposal must accompany the written notice.

Withdrawal of Bids – Mistakes

N.J.S.A. 40A:11-23.3 authorizes a bidder to request withdrawal of a public works bid due to a mistake on the part of the bidder. A mistake is defined by N.J.S.A. 40A:11-2(42) as a clerical error that is an unintentional and substantial computational error or an unintentional omission of a substantial quantity of labor, material, or both, from the final bid computation.

A bidder claiming a mistake under N.J.S.A. 40A:11-23.3 must submit a request for withdrawal, in writing, by certified or registered mail to Township of Denville, Purchasing Division, 1 St Marys Place, Denville, New Jersey 0784. The bidder must request withdrawal of a bid due to a mistake, as defined by the law, within five business days after the receipt and opening of the bids. Since the bid withdrawal request shall be effective as of the postmark of the certified or registered mailing, the Purchasing Agent may contact all bidders, after bids are opened, to ascertain if any bidders wish to, or already have exercised a request to withdraw their bid pursuant to N.J.S.A. 40A:11-23.3.

A bidder’s request to withdraw the bid shall contain evidence, including any pertinent documents, demonstrating that a mistake was made. Such documents and relevant written information shall be reviewed and evaluated by the public owner’s designated staff pursuant to the statutory criteria of N.J.S.A. 40A:11-23.3.

The public owner will not consider any written request for a bid withdrawal for a mistake, as defined by N.J.S.A. 40A:11-2(42), by a bidder in the preparation of a bid proposal unless the postmark of the certified or registered mailing is within the five business days following the opening of bids.

Obligation of Bidders

At the time of the opening of Bids, each Bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and Contract Documents, including all addenda. The failure or omission of any Bidder to receive or examine any form, instrument or document shall in no way relieve any Bidder from his obligation to fulfill the requirements set forth in the Contract Documents of which his Bid is a part.

Township of Denville IB-4

Bidder Responsibility

No contractor, subcontractor or person performing work or services for or in behalf of a contractor or a contracted service provider who has been convicted of any first or second degree crime or any criminal offense set forth in N.J.S.A. 18A:6-7.1(a)(b)(c) shall be permitted on school property.

The contractor or contracted service provider shall submit to the designated school representative a list of those persons who will perform work or services on school property with proof that such persons have submitted to a criminal record check.

The contractor or contracted service provider shall pre-register with the designated school representative all persons who will be on school property by submission of a picture driver’s license, passport or work visa. The school representative shall issue an identification badge which shall be worn and visible by all persons while on school property.

Construction contractors shall provide portable toilets to be used by all workers on site.

All persons working or performing services for or in behalf of a contractor or contracted service provider shall be restricted to defined work areas including ingress and egress to and from such prescribed areas.

Violators of such restricted areas shall be prohibited from working on site.

Lowest Qualified Bidder

The Contract will be awarded to the Lowest Responsible Bidder whose Total Bid including alternative items, amounts to the lowest number of dollars.

If more than one alternate proposal is specified in addition to the base bid, the Township shall specify the criteria or ranked order by which specified alternate proposals shall be selected.

All Bids will be compared on the basis of the work shown on the plans and as specified herein, including addenda.

In the event that there is a discrepancy between prices written in words and written in figures, prices written in words shall govern. In the event there is a discrepancy between the total amount Bid and the sum of the parts, the corrected sum shall govern. No Bid will be accepted that does not contain a price for every item contained in the Bid Form. Bids that are obviously unbalanced may be rejected by the Owner.

Bid Security/Bid Deposit

Each Bid must be accompanied by a Bid deposit in the form of a Bid bond, issued by a surety licensed in the State of New Jersey or cashier's or certified check issued by a National Bank or Trust Company and payable to the order of: the Township of Denville in the sum of ten (10) percent of the total amount Bid, not to exceed $20,000.00.

The deposit shall be enclosed in the sealed envelope containing the Bid. Each Bid deposit may be held by the Owner as security for fulfillment of the Bidder's promises, set forth in his Bid, that he will not withdraw his Bid while it is being considered and will execute the contract agreement and furnish the required bonds and insurance certificates if his Bid is accepted.

Should the Bidder fail to fulfill such promises, his Bid deposit shall become the property of, or be payable to, the Owner to be credited towards the damages defined in Section 20 of these instructions, with any amount in excess of such damages being returned to the Bidder.

Unless it shall become the property of, or be payable to the Owner, said deposit shall be returned to the Bidder as hereinafter provided. Bid deposits will be returned to all except the three (3) lowest Bidders within

Township of Denville IB-5 ten days (Sundays and legal holidays excluded) after the formal opening of Bids and to the three (3) lowest Bidders within three (3) days (Sundays and legal holidays excluded) after the Owner and the accepted Bidder have executed the contract agreement. In the event that the contract has not been awarded by the Owner within 60-days after the opening of the Bids, Bid security will be returned promptly upon demand of any Bidder whose Bid has not been accepted.

None of the three (3) lowest Bids shall be deemed rejected, notwithstanding acceptance of one of the Bids, until the contract agreement has been executed by both the Owner and the accepted Bidder.

Consent of Surety- not needed for Bid 6-2026

In addition to the Bid security, each Bid must be accompanied by a Consent of Surety similar to the form attached to the Bid from a surety company qualified to do business in the State of New Jersey agreeing, in event of the award of the contract to the Bidder, to furnish the required bonds.

Right to Reject Bids

The Owner reserves the right to reject all Bids pursuant to N.J.S.A. 40A:11-13.2; to adopt alternates; to accept that one which in its judgment best serves its interests; to waive any minor informalities or irregularities in the bids received and to accept the bid from the lowest responsible bidder in accordance with the applicable law.

Execution of Contract

The Bidder to whom the contract is awarded will be required to execute the contract agreement and furnish the required bonds and insurance certificates within ten (10) days (Sunday and legal holidays excluded) after receipt of notification that the contract agreement is ready for signature.

Damages

A successful Bidder, upon failure or refusal to execute and deliver the contract agreement and the required bonds and insurance certificates within the time specified in the Bid, shall be liable to the Owner for damages suffered, which shall be defined as the difference between the amount specified in the successful Bid and the amount for which the Owner may contract with another party to perform the work covered by said Bid, if the latter amount be in excess of the former, together with any additional expenses incurred by the Owner as a result of such Bidder's failure to enter into the contract, including, but not limited to, attorney's fees, the expense for re-advertisement for Bids and the processing of such Bids.

Insurance Certificates

At the time of executing the contract agreement, the Contractor shall submit all certificates of insurance called for under the contract.

Subcontractors

The Contractor may utilize the services of specialty Subcontractors, as specified in the General Conditions.

Power of Attorney

Attorneys-In-Fact who sign Bid bonds or contract bonds must file with each bond a certified copy of their Power of Attorney to sign bonds.

Non-Collusion Affidavit

A Non-Collusion Affidavit as included in the Bid documents must be completed and submitted with all Bids.

Township of Denville IB-6

Conditions of Work

Each Bidder must inform himself fully of the conditions relating to the work and labor under which the work will performed. Failure to do so will not relieve a successful Bidder of his obligation to furnish all material and labor necessary to carry out the provisions of the Contract Documents and to complete the contemplated work for the consideration set forth in his Bid.

Materials

All materials and equipment for the project shall be furnished by the Contractor unless otherwise specifically prescribed. They shall conform to the drawings and specifications and shall be from an accepted source.

Bonds

Bid Bond must be accompanied by (a) appropriate acknowledgments of the respective parties (b) an appropriate duly certified copy of Power of Attorney or other certificate of authority where bond is executed by agent, officer, or other representatives of Principal or Surety; (c) a duly certified extract from By-Laws or resolutions of Surety under which Power of Attorney or other certificate of authority of its agent, officer or representative was issued and (d) duly certified copy of the latest published financial statement of assets and liabilities of Surety.

Time for Completion- term of contract

Substitution

In the various detailed sections of the Specifications, where any item of equipment or material is indicated by proprietary name, trade name, or name of one or more manufacturers, with the addition of such expressions as "or equal" it is to be understood that equivalent equipment or products of either a manufacturer named or of a manufacturer not named, which meet the detailed requirements of the Specifications, is intended, subject to the acceptance of the Engineer as to equality thereof. It is distinctly understood, (1) that the Engineer is to use his own judgment in determining whether or not any item of equipment or material proposed is equal in quality to that specified, (2) that the decision of the Engineer on all such questions of equality shall be final, and (3) that, in the event of any adverse decision by the Engineer, no claim of any sort shall be made or allowed against the Engineer or the Owner.

The first listed material or equipment, whether indicated by name of manufacturer, brand name, trade name or catalog reference form the basis of design. Materials and equipment indicated in addition to those first listed will be accepted as equal in quality, however the Contractor will be responsible for all costs, as specified hereinafter, for substitute materials for any design revisions and any new construction needed.

Substitute materials and equipment will be considered only if they are equal in quality, durability, appearance, strength, capacity, type and other requirements of the indicated items, if they conform to the physical limitation of the locations where they will be used and if they are acceptable to the Engineer.

The burden of proving equivalency shall be on the Contractor. Where any substitution alters the design of space requirements of any of the work, the Contractor shall bear all costs of the revised design and construction, including the preparation and submission to the Engineer of detailed drawings showing all modifications of the contract plans necessary to accommodate such equipment, all changes or additions to structures, piping, buildings, mechanical and electrical work, accessories, controls and all other changes to the work required to accommodate the substitute item.

Township of Denville IB-7

Liquidated Damages

Should a Contractor fail to complete his work on or before the time set forth above or as provided in the Contract Documents covering extension of time then the Owner may retain an amount as set forth in the General Conditions as liquidated damages for each calendar day in accordance with the provisions of that section.

Information Not Guaranteed

All information given on the plans or in the Contract Documents relating to subsurface conditions and existing utilities and other structures is from the best sources at present available to the Owner. All such information and the drawings of existing conditions are furnished only for the information and convenience of Bidders.

It is agreed and understood that the Owner does not warrant or guarantee that the materials, utilities or other structures encountered during construction will be the same as those indicated by the information given on the contract drawings or in the Contract Documents.

The Bidder is responsible for ascertaining the character, quantities and conditions of the various materials and the work to be done.

It further is agreed and understood that the Bidder or the Contractor will not use any of the information made available to him or obtained in any examination made by him in any manner as a basis or ground of claim or demand of any nature, against the Owner or the Engineer, arising from or by reason of any variance which may exist between the information offered and the actual materials or structures encountered during the construction work, except as may otherwise be provided for in the Contract Documents.

Sales and Use Taxes

The Bidder shall study all tax laws for the jurisdiction in which the work is done, particularly so-called "sales and use taxes" for which he may be liable as a consumer or user of goods.

The Owner is exempt from sales tax and such taxes shall not be included in the Bid amounts. It is the responsibility of the Contractor to file any forms necessary to obtain the exemption.

Process of Resolution for Construction Contract Disputes

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be referred to the Township Engineer for decision. An initial decision of the Township Engineer shall be required as a condition precedent to litigation for all claims between the Contractor and Owner arising prior to the date final payment is due, unless 30 days have passed after the claim has been referred to the Township Engineer with no decision having been rendered by the Township Engineer.

The Township Engineer shall approve or reject any claim by written decision within 10 days of the submission of a claim, and notify the parties of any change to the amount of the contract and/or time for completion of the contract. The approval or rejection of a claim by the Township Engineer shall not be binding upon the parties.

Any claim not resolved by the Township Engineer may be submitted to mediation pursuant to industry standards prior to being submitted to a court for adjudication. If a claim is submitted to a court for adjudication, the venue for all such litigation shall In the Superior Court of New Jersey, Law Division, Ocean County.

Township of Denville IB-8

Law Against Discrimination

The parties of this contract do hereby agree that the provisions of N.J.S.A. 10:2-1 through 10:2-4 dealing with discrimination in employment on public contracts, and the rules and regulations promulgated pursuant thereto are hereby made a part of this contract and are binding upon them.

During the performance of this contract, the Contractor agrees as follows:

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.

Use of Small and Minority-Owned Business

The Owner expects that the Contractor will meet his responsibility to select the best and least expensive Subcontractors needed to provide high quality construction at the least cost to the public.

It is also expected that good faith efforts will be made to use the services and skills of small and minority-owned businesses, and that these businesses will be given a fair opportunity to compete for contracts on work.

Compliance with New Jersey P.L. 1977 Chapter 33 N.J.S.A. 52:25-24.2

The Bidder, in compliance with N.J.S.A. 52:25-24.2 Chapter 33, P.L. 1977, shall submit with his Bid, a statement setting forth the names and addresses of all stockholders or individual partners who own 10 percent (10%) or more of its stock or interest as specified on the Statement of Ownership Disclosure.

Township of Denville IB-9

State of New Jersey Affirmative Action Requirements

A. Affirmative Action Requirements

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, 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 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 or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer, pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act.

When hiring or scheduling workers in each construction trade, the contractor or subcontractor agrees to make good faith efforts to employ minority and women workers in each construction trade consistent with the targeted employment goal prescribed by N.J.A.C. l7:27-7.2; provided, however, that the Dept. of LWD, Construction EEO Monitoring Program may, in its discretion, exempt a contractor or subcontractor from compliance with the good faith procedures prescribed by the following provisions, A, B and C, as long as the Dept. of LWD, Construction EEO Monitoring Program is satisfied that the contractor or subcontractor is employing workers provided by a union which provides evidence, in accordance with standards prescribed by the Dept. of LWD, Construction EEO Monitoring Program, that its percentage of active "card carrying" members who are minority and women workers is equal to or greater than the targeted employment goal established in accordance with N.J.A.C. l7:27-7.2. The contractor or subcontractor agrees that a good faith effort shall include compliance with the following procedures:

(A) If the contractor or subcontractor has a referral agreement or arrangement with a union for a construction trade, the contractor or subcontractor shall, within three business days of the contract award, seek assurances from the union that it will cooperate with the contractor or subcontractor as it fulfills its affirmative action obligations under this contract and in accordance with the rules promulgated by the Treasurer pursuant to N.J.S.A. 10:5- 31 et. seq., as supplemented and amended from time to time and the Americans with Disabilities Act. If the contractor or subcontractor is unable to obtain said assurances from the construction trade union at least five business days prior to the commencement of construction work, the contractor or subcontractor agrees to afford equal employment opportunities minority and women workers directly, consistent with this chapter. If the contractor's or subcontractor's prior

Township of Denville IB-10 experience with a construction trade union, regardless of whether the union has provided said assurances, indicates a significant possibility that the trade union will not refer sufficient minority and women workers consistent with affording equal employment opportunities as specified in this chapter, the contractor or subcontractor agrees to be prepared to provide such opportunities to minority and women workers directly, consistent with this chapter, by complying with the hiring or scheduling procedures prescribed under (B) below; and the contractor or subcontractor further agrees to take said action immediately if it determines that the union is not referring minority and women workers consistent with the equal employment opportunity goals set forth in this chapter.

(B) If good faith efforts to meet targeted employment goals have not or cannot be met for each construction trade by adhering to the procedures of (A) above, or if the contractor does not have a referral agreement or arrangement with a union for a construction trade, the contractor or subcontractor agrees to take the following actions:

(l) To notify the public agency compliance officer, the Dept. of LWD, Construction EEO Monitoring Program, and minority and women referral organizations listed by the Division pursuant to N.J.A.C. 17:27- 5.3, of its workforce needs, and request referral of minority and women workers;

(2) To notify any minority and women workers who have been listed with it as awaiting available vacancies;

(3) Prior to commencement of work, to request that the local construction trade union refer minority and women workers to fill job openings, provided the contractor or subcontractor has a referral agreement or arrangement with a union for the construction trade;

(4) To leave standing requests for additional referral to minority and women workers with the local construction trade union, provided the contractor or subcontractor has a referral agreement or arrangement with a union for the construction trade, the State Training and Employment Service and other approved referral sources in the area;

(5) If it is necessary to lay off some of the workers in a given trade on the construction site, layoffs shall be conducted in compliance with the equal employment opportunity and non-discrimination standards set forth in this regulation, as well as with applicable Federal and State court decisions;

(6) To adhere to the following procedure when minority and women workers apply or are referred to the contractor or subcontractor:

(i) The contractor or subcontractor shall interview the referred minority or women worker.

(ii) If said individuals have never previously received any document or certification signifying a level of qualification lower than that required in order to perform the work of the construction trade, the contractor or subcontractor shall in good faith determine the qualifications of such individuals. The contractor or subcontractor shall hire or schedule those individuals who satisfy appropriate qualification standards in conformity with the equal employment opportunity and non-discrimination principles set forth in this chapter. However, a contractor or subcontractor shall determine that the individual at least possesses the requisite skills, and experience recognized by a union, apprentice program or a referral agency, provided the referral agency is acceptable to the Dept.

of LWD, Construction EEO Monitoring Program. If necessary, the contractor or subcontractor shall hire or schedule minority and women workers who qualify as trainees pursuant to these rules. All of the requirements, however, are limited by the provisions of (C) below.

(iii) The name of any interested women or minority individual shall be maintained on a waiting list, and shall be considered for employment as described in (i) above, whenever vacancies occur. At the request of the Dept. of LWD, Construction EEO Monitoring Program, the contractor or subcontractor shall provide evidence of its good faith efforts to employ women and minorities from the list to fill vacancies.

Township of Denville IB-11

(iv) If, for any reason, said contractor or subcontractor determines that a minority individual or a woman is not qualified or if the individual qualifies as an advanced trainee or apprentice, the contractor or subcontractor shall inform the individual in writing of the reasons for the determination, maintain a copy of the determination in its files, and send a copy to the public agency compliance officer and to the Dept.

of LWD, Construction EEO Monitoring Program.

(7) To keep a complete and accurate record of all requests made for the referral of workers in any trade covered by the contract, on forms made available by the Dept. of LWD, Construction EEO Monitoring Program and submitted promptly to the Dept. of LWD, Construction EEO Monitoring Program upon request.

(C) The contractor or subcontractor agrees that nothing contained in (B) above shall preclude the contractor or subcontractor from complying with the union hiring hall or apprenticeship policies in any applicable collective bargaining agreement or union hiring hall arrangement, and, where required by custom or agreement, it shall send journeymen and trainees to the union for referral, or to the apprenticeship program for admission, pursuant to such agreement or arrangement. However, where the practices of a union or apprenticeship program will result in the exclusion of minorities and women or the failure to refer minorities and women consistent with the targeted county employment goal, the contractor or subcontractor shall consider for employment persons referred pursuant to (B) above without regard to such agreement or arrangement; provided further, however, that the contractor or subcontractor shall not be required to employ women and minority advanced trainees and trainees in numbers which result in the employment of advanced trainees and trainees as a percentage of the total workforce for the construction trade, which percentage significantly exceeds the apprentice to journey worker ratio specified in the applicable collective bargaining agreement, or in the absence of a collective bargaining agreement, exceeds the ratio established by practice in the area for said construction trade. Also, the contractor or subcontractor agrees that, in implementing the procedures of (B) above, it shall, where applicable, employ minority and women workers residing within the geographical jurisdiction of the union.

After notification of award, but prior to signing a construction contract, the contractor shall submit to the public agency compliance officer and the Dept. of LWD, Construction EEO Monitoring Program an initial project workforce report (Form AA 201) electronically provided to the public agency by the Dept. of LWD, Construction EEO Monitoring Program, through its website, for distribution to and completion by the contractor, in accordance with N.J.A.C. 17:27-7. The contractor also agrees to submit a copy of the Monthly Project Workforce Report once a month thereafter for the duration of this contract to the Division and to the public agency compliance officer.

The contractor agrees to cooperate with the public agency in the payment of budgeted funds, as is necessary, for on-the-job and/or off-the-job programs for outreach and training of minorities and women.

(D) The contractor and its subcontractors shall furnish such reports or other documents to the Dept. of LWD, Construction EEO Monitoring Program as may be requested by the Dept. of LWD, Construction EEO Monitoring Program from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Dept. of LWD, Construction EEO Monitoring Program for conducting a compliance investigation pursuant to Subchapter l0 of the Administrative Code (NJAC 17:27).

Public Law 2012 – Chapter 25

Public Law 2012, c. 25 N.J.S.A. 40A:11-2.1 and N.J.S.A. 32:32-57 et seq. states any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest, under penalty of perjury, that the person or entity or one of the person or entity’s parents, subsidiaries, or affiliates is not identified on a list created and maintained by the Department of the Treasury as a person or entity engaging in investment activities in Iran. If the Director finds a person or entity to be in violation of the principles which are the subject of this law, s/he shall take

Township of Denville IB-12 action as may be appropriate and provided by law, rule or contract including but not limited to imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the person or entity.

Annual Political Contribution Disclosure Requirement

Any business entity making a contribution of money or any other thing of value, including an in-kind contribution, or pledge to make a contribution of any kind to a candidate for or the holder of any public office having ultimate…