ocean REVISED-_RFQ-_CPM_for_Various_Road_and_Bridge_Projects_in_OC.pdf

INTRODUCTION

The County of Ocean is a County of Fifth Class as defined in N.J.S.A. 40A:6-1 et seq. Pursuant to N.J.S.A.

19:44A-20.4 et seq., the County of Ocean requests qualifications from vendors capable of providing services of a Construction Management Consultant licensed in the State of New Jersey for a one year contract term.

If there are any questions regarding the project, please contact Mark F. Jehnke, P.E., Ocean County

Engineer, at 732-929-2130.

METHOD OF SUBMISSION

The County of Ocean is accepting only electronic proposals for this RFQ. Submitting your proposal manually is cause for rejection.

You may only submit one (1) proposal. DO NOT submit a hard copy of your electronic submission.

SCOPE OF WORK

The Construction Project Manager (CPM) will be responsible for the review and approval of all construction documents, provide input relative to the staging of the project and organize and conduct a preconstruction meeting. The CPM will provide a review of engineering, inspection, estimates and project management services for the duration of the project. The CPM will oversee and coordinate all contractors/subcontractors during all phases of the project. The CPM will also perform the following tasks:

1. Provide a qualified Resident Inspector (NICET III Equivalent) to be utilized as the primary inspector on the project, and a Resident Engineer (PE or NICET IV equivalent) for support as needed to resolve any issues that are beyond the NICET III RI’s capabilities. Both must possess communication and coordination skills required to carry out the responsibilities of construction management.

2. Review and provide comments to the County on the bid specifications, drawings and documents to identify issues prior to their release for competitive bidding;

3. In conjunction with the County, review bids submitted by the Contractor(s) and make a recommendation of award.

4. In conjunction with the County, review the Contractor's proposed schedule for all project tasks and activities prior to the issuance of a Notice to Proceed.

5. In conjunction with the County, coordinate, review and recommend for final approval all shop drawings.

Ocean County shall be provided 72 hours for suggestive comments and review prior to consultant action.

6. Review and approve all material questionnaires.

7. Review and approve all requests for payments submitted by the Contractor(s) to the County in accordance with the contract document.

8. Review and prepare all change orders either resulting from unforeseen circumstances or owner initiated prior to submission for approval by the Board of Commissioners. Any Changes in Scope, Time or Contract Amount must first be formally authorized by the County before preparation.

9. Consult with the County if any Contractor submits a Request For Information (RFI) of the meaning and intent of the drawings and specifications and assist in the resolution of questions which may arise.

10. Recommend courses of action to the County when requirements of a contract are not being fulfilled and the non-performing party will not take satisfactory corrective action.

11. Record the progress of the project and maintain complete and thorough records on Ocean County's

Shared Drive on Microsoft TEAMS utilizing all required NJDOT procedures and forms.

• Daily Inspector's Reports, field notes, and daily photo logs must be uploaded by Friday of every week at a minimum.

• Weekly reports (including contract duration, days worked, NTP date, anticipated contract end date, outstanding RFIs, and outstanding submittal reviews) must be sent to the contractor and County by 9:00 AM every Friday.

• On a monthly basis, prepare and submit to Ocean County a progress and quality of work report, including a comparison of costs incurred with amounts budgeted, and work performed compared to the schedule.

12. Review, recommend and provide final approval for all shop drawings and submittals.

13. Prepare a punch list of incomplete or unsatisfactory items and a schedule for their completion and determine when the project is substantially complete.

14. Finalize all inspections, estimates and as-built quantities needed to close out the project.

ALL SUBMISSIONS MUST INCLUDE THE FOLLOWING MINIMUM

INFORMATION:

1. The introduction background statement should demonstrate the firm's understanding and approach to the project, as well as detail the firm's previous experience with projects of comparable size and complexity.

2. Specific information should be provided that demonstrates familiarity with the following:

A. Typical projects that may involve Roadway Reconstruction, Storm Drainage facilities and/or small Bridge Construction

B. Permit compliance and monitoring, including environmental knowledge

C. Project scheduling and electronic reporting

D. Utility relocations

E. State and County reporting procedures

3. Resumes of staff dedicated to this project should outline all certifications, licenses and relevant experience. At least three (3) recent references shall be provided for both Resident Engineer and

Inspector (part time).

4. Proximity to the Ocean County seat is an important selection criteria as it relates to the Consultant's ability to respond to emergency situations, cover overtime and night operations and to provide the

County Engineer with frequent in-person updates.

5. Fee Schedule of Rates must be completed and submitted.

6. The County reserves the right to disqualify submitters based on experience and/or references. Those submitting proposals must be prepared to present the County with suitable evidence of financial standing upon request.

7. All required documents provided in the Vendor Questionnaire must be filled out and included with your submission. Please note that, where applicable, the County’s preferred method of document submission is DocuSign.

SUBMISSION REQUIREMENTS

All responses to the Request for Qualifications (“RFQ”):

1. Must be submitted electronically and must be received prior to 4:00pm, prevailing time on the date on which they are to be unsealed.

2. The County will not be responsible for late submissions and no responses to this RFQ will be accepted by the County if received after the time stipulated above.

EVALUATION CRITERIA

Proposal Evaluation: All proposals will be reviewed to determine if they are responsive. A committee, using the criteria set forth herein, will then evaluate responsive proposals.

A. 45 % Responsiveness to the Request for Qualifications includes:

1) Demonstrating thorough understanding of the project requirements (5)

2) Technical quality of the proposal (15)

3) Sensitivity to public concerns and interest (5)

4) Completeness of the proposal (10)

5) Proximity to Ocean County seat (10)

B. 55% Experience and Knowledge of the Firm and Team Members includes:

1) Details of similar and recent projects (10)

2) Project team organization (5)

3) Knowledge of Ocean County and other applicable Public Agency requirements (10)

4) Qualifications of the designated Resident and Inspector (10)

5) Experience of the designated Resident and Inspector (10)

6) Reference recommendations of the designated Resident and Inspector (10)

Ranking:

All proposals will be reviewed for completeness and qualifications.

All complete and qualified proposals will be ranked in accordance with the evaluation criteria.

The County will recommend at least the top ranked six (6) qualified firms.

** ATTENTION** Responses received pursuant to this solicitation are subject to complete disclosure pursuant to the Open Public Records Act. Please note that disclosure includes any and all attachments and addenda supplementing the solicitation response. Accordingly, please do not include personal identifying information in any supplementary documents submitted with the solicitation response.

GENERAL CONDITIONS TO THE PROPOSAL:

1. Proposer's Experience and Qualifications

A. The proposer firm must provide an organizational chart specific to those personnel assigned to the project, as well as their qualifications. This shall include, but not be limited to, the resumes, names and phone numbers of assigned personnel, as well as descriptions of similar work and references.

B. The proposer firm must have a minimum of 10 years experience providing similar services for similar sized institutions and shall include in their proposal their specific experience in providing such services. A list of at least 3 references must accompany all proposals. The County reserves the right to disqualify proposer firms based on experience and/or references. Proposer firms must be prepared to present the County with suitable evidence of their financial standing upon request.

C. The Resident Inspector shall be the primary on-site authority and shall, at a minimum, be N.I.C.E.T.

III with a documented five years of recent experience on projects of comparable size and complexity. The Resident Engineer shall provide operational support as needed and shall, at a minimum, be N.I.C.E.T. IV or N.J.P.E. with a documented five years of recent experience.

D. Disclosure of Proposal Contents: All proposals and other material submitted become property of the County and may be returned only at the County's option. Information contained in the proposals will not be disclosed during the evaluation process. Under New Jersey's "Right to Know" laws, public records are required to be open to reasonable inspection. All proposal information, including detailed price and cost information, will be held in confidence during the evaluation process and prior to the time the Notice of Award is issued.

2. Conflict of Interest

A. Each proposal shall include a statement indicating whether or not the firm or any individual working on the contract has a possible conflict of interest (e.g. themselves, spouse or child employed by the County of Ocean) and if so, the nature of that conflict. The County reserves the right to cancel the award if any interest disclosed from any source could either give the appearance of a conflict or cause speculation as to the objectivity of the project to be performed by the vendor.

The County's determination regarding any question of conflict of interest shall be final.

B. The County may exclude a proposer from submitting a proposal, or may reject a proposer's proposal, after making a written determination that the proposer received payment for assistance in drafting the RFQ, or gained substantial information regarding the RFQ that was not available to the public.

3. Submission of Proposal: As discussed under section “Method of Submission”, proposals for

Construction Project Management for Various Road and Bridge Projects in Ocean County, Where and As Directed by the County Engineer, must be submitted electronically.

4. Understanding the Project: Proposers must provide a comprehensive narrative statement that illustrates their understanding of the requirements of the project and illustrates the methodology that will serve to accomplish the work.

5. Discussions with Proposers: The County may elect to conduct discussions with responsible proposers who submit proposals determined to be eligible for award. The purpose of these discussions will be to clarify and assure proposer's full understanding of, and responsiveness to, the solicitation requirements. Proposers reasonably eligible for award shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and revisions may be permitted after submissions and before award of the contract for the purpose of obtaining best and final offers.

In conducting these discussions, the County may not disclose information derived from proposals submitted by competing proposers.

6. Response Format and Content: The RFQ sections that should be submitted and clearly defined are:

Cover Page

Table of Contents

Introduction, Background Statement

Complete proposer information and a specific point of contact if questions should arise

Response to General Conditions

Organizational Chart and Qualifications

Staff Qualifications

References

7. A statement acknowledging that the proposer shall comply with all conditions outlined. An Officer of the company empowered to bind the company must sign the proposal.

8. The Fee Schedule of Direct Labor Hourly Rates, Overhead, Profit, and Direct Expenses Sheet provided in the RFQ must be properly completed and submitted. Failure to properly complete this Fee

Schedule will be cause for rejection of proposal. The Fee Schedule of Direct Labor Hourly Rates, Overhead, Profit, and Direct Expenses must include detail of all direct and indirect costs associated with the performance of this hypothetical project. Please note salary escalation in not permitted.

Rates provided must anticipate wage rates for the project duration. This is a Cost Plus, Not to

Exceed contract.

9. The proposal should be brief and to the point referencing only key personnel that are proposed for the project; three or four relevant projects; references and detail of the firm's approach, understanding and experience. Failure to address these items may cause the proposal to be determined as non-responsive and the proposal may be rejected.

10. Exception/Alternate Proposals: To be considered, proposers must follow the instructions outlined in this document. Any exceptions to the terms, conditions or other requirements in any part of the RFQ must be clearly stated in the proposal. Otherwise, the County will consider that all proposals offered are in strict compliance with this RFQ and the successful proposer will be responsible for compliance.

11. Right to Negotiate: After the County's completion of the evaluation process, including any discussion held with proposers during the evaluation process, the County may elect to initiate contract negotiations. The option of whether or not to initiate contract negotiations rests solely on the County.

If the County elects to initiate contract negotiations, these negotiations cannot involve changes in the

County's requirements or the proposal submitted, which would, by their nature, affect the basis of the source selection and competition previously conducted.

12. Failure to Negotiate: If the selected proposer fails to provide information required to begin negotiation in a timely manner, if the proposer fails to negotiate in good faith, if the County and proposer cannot mutually agree to an acceptable expenditure or if the proposer and the County, after a good faith effort, simply cannot come to terms, the County may terminate negotiations with the proposer initially selected and commence negotiation with the next highest ranked proposer.

13. Intent: The County intends to recommend at least six (6) qualified Construction Project Management consultants for Road and Bridge Projects where and as directed by the County Engineer. The construction cost of each project is expected to be between $500,000.00 and $5,000,000.00. Currently, it is expected that at least three (3) projects will require Construction Project Management of varying scope and duration. Assignments will be determined by project specific proposal solicitations from firms from the rank listing. Proposals should identify the team members available to the specific assignment along with associated costs to provide the Construction Project Management Services for the specific assignment.

A Purchase Order/Contract will be issued for the specific assignment based upon the submitted quote that is in the best interest of the County determined by the County Engineer at the firm's contract rates.

Fees will be paid for on the basis of actual hours worked and not to exceed a defined amount per assignment.

AWARD/QUALIFYING VENDOR(S)

The County of Ocean intends to either award a contract or qualify the vendor or vendors that best meet the needs and interests of Ocean County. The County reserves the right to negotiate the terms and conditions of a contract with the successful vendor or vendors to obtain the most cost advantageous services for the County. When awarding a contract to a qualified vendor, it will be done on a Project

Specific basis and a Purchase Order will be generated that will be the contract for that project.

The County reserves the right to reject any or all proposals in accordance with N.J.S.A. 40A:11-13.2, or to waive any informalities and non-material defects in the proposals and to accept any proposal deemed in the best interest of the County.

It is to be understood by the proposer that their proposal is submitted on the basis of specifications prepared by the County, and the fact that any proposer is not familiar with these specifications or conditions will not be accepted as an excuse.

QUOTES/COST ESTIMATES FOR PROJECT SPECIFIC CONTRACTS

Vendors shall provide any requested quotes/cost estimates for Project Specific Contracts to the County at no cost. For solicitations related to design services contracts, vendors shall provide, to the best of their ability, equitable and fair cost estimates for the design and construction of any projects requested by the

County, ensuring transparency and accuracy to support informed decision-making.

PROJECT SPECIFIC CONTRACTS

In the event a professional project-specific contract extends beyond the original RFQ/RFP term, the

County may consider extending or continuing the professional project-specific contract into a subsequent project phase or fiscal year, provided that the vendor continues to meet the same scope, terms, and conditions as originally awarded. Professional fee schedules must remain firm for the contract period, regardless of calendar year alignment, unless a written adjustment is reviewed and approved by the

Purchasing Agent & County Engineer at the time of RFP issuance or if the anticipated term of the project exceeds the contract period. Any revised fee schedules, deliverables, or timeline adjustments must be reviewed and approved in writing before proceeding. If the department director overseeing the project and the Purchasing Agent mutually agree that continuation serves the County’s best interest, the existing contract may be amended or extended to reflect the updated project parameters, period of performance, and approved compensation.

INDEMNITY CLAUSE

The proposer, if awarded a contract, agrees to protect, defend and save harmless the County against any damage for payment for the use of any patented material process, article or device that may enter into the manufacture, construction or form a part of the work covered by either order or contract, and he further agrees to indemnify and save harmless the County from suits or actions of every nature and description brought against it, for, or on account of injuries or damages received or sustained by any party or parties by, or from any of the negligent acts of the contractor, his servants or agents.

INSURANCE REQUIREMENTS

The contractor shall maintain primary insurance to protect against all claims under Worker’s

Compensation, Comprehensive General Liability and Automobile. Except for Worker’s Compensation, all coverage shall apply as primary coverage with respect to any other insurance or self-insurance program afforded to the County. There shall be no endorsement or modification of this coverage to make it excess over other available insurance/coverage; alternatively, if the CGL and umbrella, excess of reinsurance states that it is pro rata, it shall be endorsed to be primary with respect to the County. Primary coverage shall be subject to approval for adequacy of protection as per the following limits:

Worker's Compensation

1. Limits according to Worker's compensation Laws of the State of New Jersey.

2. Contractor's Liability not less than $100,000.

Comprehensive General Liability

1. Bodily Injury - $500,000 per person; $1,000,000 per occurrence.

2. Property Damage - $1,000,000 per occurrence.

Comprehensive General Liability shall include the following:

1. Coverage for explosion, collapse or underground hazards.

2. Occurrence basis coverage.

3. Broad form property damage coverage.

4. Coverage for personal injury sustained by any person as a result of an offense directly or indirectly related to the employment of such person by the insured.

Comprehensive Automobile Liability, if applicable, shall include the following:

Business auto liability insurance or its equivalent with a minimum limit of $1,000,000 per accident and including coverage for all of the following:

a. Liability arising out of the ownership, maintenance or use of any auto;

b. Auto non-ownership and hired car coverage.

c. Contractor's Worker's Compensation, Comprehensive General Liability and Comprehensive

Automobile Liability arising out of subcontractor's operations shall be identical as that listed above.

Professional Liability

1. Errors and Omissions Coverage - not less than $1,000,000.

Copies of each insurance certificate shall be furnished to the County with Proposal (when requested).

Upon award, when a Certificate of Insurance is required, it shall be provided to Ocean County listing the

County as an additional insured, as follows: County of Ocean, 101 Hooper Avenue, P.O. Box 2191, Toms

River, NJ 08754-2191

ADDITIONAL INFORMATION

Payments will be made upon the approval of vouchers submitted by the successful proposer in accordance with the requirements of the Board of Commissioners and subject to the Board of Commissioners customary procedures. The County will not pay interest or late fees regardless of language provided.

The County of Ocean is exempt from any State sales tax or Federal excise tax.

Ocean County Board of Commissioners will make award within sixty (60) days after receipt of proposals.

“All contractors must comply with the provisions of New Jersey Statute Title 40A:11-18, when applicable.”

PAY TO PLAY REQUIREMENTS

Starting in January 2007, all business entities are advised of their responsibility to file an annual disclosure statement of political contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A. 19:44A-20.27 if they receive contracts in excess of $50,000 from public entities in a calendar year. Business entities are responsible for determining if filing is necessary. Additional information on this requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.

CERTIFICATION OF DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN

Pursuant to Public Law 2012, c. 25, any person or entity that is a successful bidder or proposer, or otherwise proposes to enter into or renew a contract, must complete the certification below to attest, under penalty of perjury, that neither the person or entity, nor any parent entity, subsidiary, or affiliate is identified on the State Department of Treasury's Chapter 25 list as a person or entity engaging in investment activities in Iran. The list is found on Treasury’s website at www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf.

The Chapter 25 list must be reviewed prior to completing the certification. If a vendor or contractor is found to be in violation of law, action may be taken as appropriate and as may 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 party. Prior to contract award or authorization, the contractor shall provide the Contracting Agency with a completed Certification on

Disclosure of Investment Activities in Iran.

CERTIFICATION OF NON-INVOLVEMENT IN PROHIBITED ACTIVITIES IN RUSSIA OR

BELARUS

Pursuant to N.J.S.A. 52:32-60.1, et seq. (L. 2022, c. 3) any person or entity (hereinafter “Vendor”) that seeks to enter into or renew a contract with a State agency for the provision of goods or services, or the purchase of bonds or other obligations, must complete the certification below indicating whether or not the Vendor is identified on the Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, available here: https://sanctionssearch.ofac.treas.gov/. If the Department of the

Treasury finds that a Vendor has made a certification in violation of the law, it shall take any 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 party. Certification form must be completed prior to contract award and is provided in the specification documents (DocuSign).

TRANSITIONAL PERIOD (excluding Professional Contracts)

In the event services are terminated by contract expiration or by voluntary termination by either the

Contractor or the County of Ocean, the Contractor shall continue all terms and conditions of said contract for a period not to exceed one month, at the County’s request.

NEW JERSEY BUSINESS REGISTRATION CERTIFICATE

Pursuant to N.J.S.A. 52:32-44, Ocean County (“Contracting Agency”) is prohibited from entering into a contract with an entity unless the bidder/proposer/contractor, and each subcontractor that is required by law to be named in a bid/proposal/contract has a valid Business Registration Certificate on file with the

Division of Revenue and Enterprise Services within the Department of the Treasury.

Prior to contract award or authorization, the contractor shall provide the Contracting Agency with its proof of business registration and that of any named subcontractor(s).

Subcontractors named in a bid or other proposal shall provide proof of business registration to the bidder, who in turn, shall provide it to the Contracting Agency prior to the time a contract, purchase order, or other contracting document is awarded or authorized.

During the course of contract performance:

(1) the contractor shall not enter into a contract with a subcontractor unless the subcontractor first provides the contractor with a valid proof of business registration.

(2) the contractor shall maintain and submit to the Contracting Agency a list of subcontractors and their addresses that may be updated from time to time.

(3) the contractor and any subcontractor providing goods or performing services under the contract, and each of their affiliates, shall collect and remit to the Director of the Division of Taxation in the Department of the Treasury, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A.

54:32B-1 et seq.) on all sales of tangible personal property delivered into the State. Any questions in this regard can be directed to the Division of Taxation at (609)292-6400. Form NJ-REG can be filed online at www.state.nj.us/treasury/revenue/busregcert.shtml.

Before final payment is made under the contract, the contractor shall submit to the Contracting Agency a complete and accurate list of all subcontractors used and their addresses.

Pursuant to N.J.S.A. 54:49-4.1, a business organization that fails to provide a copy of a business registration as required, or that provides false business registration information, shall be liable for a penalty of $25 for each day of violation, not to exceed $50,000, for each proof of business registration not properly provided under a contract with a contracting agency.

COMPLETION OF DOCUMENTS

Proposers shall complete all documents and acknowledge all terms included with this proposal package.

All documents should be from this proposal package and must not be dated or executed prior to the date of advertising. Failure to follow these instructions is cause for rejection.

EXHIBIT A

MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE

N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127)

N.J.A.C. 17:27

GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS

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

The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following:

employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause.

The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex.

The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union of the contractor's commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

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

The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with N.J.A.C. l7:27-5.2.

The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, and labor unions, that it does not discriminate on the basis of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.

The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions.

In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.

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

Letter of Federal Affirmative Action Plan Approval

Certificate of Employee Information Report

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

The contractor and its subcontractors shall furnish such reports or other documents to the Division of

Purchase & Property, CCAU, EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of Purchase & Property, CCAU, EEO Monitoring

Program for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative

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

AMERICANS WITH DISABILITIES ACT

Equal Opportunity for Individuals with Disabilities

The CONTRACTOR and the COUNTY do hereby agree that the provisions of title II of the

Americans with Disabilities Act of 1990 (the "Act") (42 U.S.C. 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 COUNTY pursuant to this contract, the CONTRACTOR agrees that the performance shall be in strict compliance with the

Act. In the event that the CONTRACTOR, its agents, servants, employees, or subcontractors violate or are alleged to have violated the Act during the performance of this contract, the CONTRACTOR shall defend the COUNTY in any action or administrative proceeding commenced pursuant to this Act. The

CONTRACTOR shall indemnify, protect and save harmless the COUNTY, 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 COUNTY'S grievance procedure, the CONTRACTOR agrees to abide by any decision of the COUNTY which is rendered pursuant to said grievance procedure.

If any action or administrative proceeding results in an award of damages against the COUNTY or if the

COUNTY incurs any expense to cure a violation of the ADA which has been brought pursuant to its grievance procedure, the CONTRACTOR shall satisfy and discharge the same at its own expense.

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

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

It is further agreed and understood that the COUNTY 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 provision 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 COUNTY from taking any other actions available to it under any other provisions of this Agreement or otherwise at law.