passaic valley water 26-PE-26 CM Mountain Ave Drainage.pdf

PASSAIC VALLEY WATER COMMISSION

CONSTRUCTION MANAGEMENT SERVICES FOR

MOUNTAIN AVE DRAINAGE IMPROVEMENTS

PROJECT NO. 26-PE-26

AUGUST 2026

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PUBLIC NOTICE

PASSAIC VALLEY WATER COMMISSION

PUBLIC NOTICE FOR THE SOLICITATION OF

PROFESSIONAL SERVICES (OR EXTRAORDINARY UNSPECIFIABLE SERVICES) CONTRACTS

NOTICE IS HEREBY GIVEN that sealed submissions will be received by Passaic Valley Water Commission, up to 2:00 p.m. prevailing time on Thursday, September 10, 2026 at the Commission’s office located at 1525 Main Avenue, Clifton, New Jersey, 07011 for the following project:

Construction Management Services for Mountain Ave Drainage Improvements

Project No. 26-PE-26

A non-mandatory Pre-Proposal conference for all interested Professionals has been scheduled for Tuesday, August 18, 2026 at 10:00 a.m. at the Commission’s New Street Reservoir, located at Mountain Avenue at Rifle Camp Road, Woodland Park, New Jersey. The Responder shall submit any questions regarding this RFP by no later than 3:00 p.m. on Friday, August 28, 2026.

Standardized submission requirements and selection criteria for each Project are on file and available in electronic form by forwarding an e-mail request to lbresemann@pvwc.com. Each submission shall be provided on the standardized forms as supplied in the submission package and the said standardized forms shall not be modified or altered in any way.

Submissions shall be hand-delivered between the hours of 8:30 am and 4:30 pm or mailed by way of First Class Mail or overnight delivery service to the Commission's office located at 1525 Main Avenue, Clifton, New Jersey 07011, attention Purchasing Department.

All professional service responders (or extraordinary unspecifiable services responders) are required to comply with the requirements of N.J.S.A. 52:32-44 (Business Registration of Public Contractors), N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 et seq. (Contract Compliance and Equal Employment Opportunities in Public Contracts).

All professional service responders (or extraordinary unspecifiable services responders) shall include, with their submissions, a completed Conflict of Interest Certification, Non-Collusion Affidavit, Disclosure of Ownership Statement (N.J.S.A. 52:25-24.2), Insurance Requirements Acknowledgement, a Mandatory Equal Employment Opportunity acknowledgement, and a copy of the applicable New Jersey Business Registration Certificate.

In accordance with the Fair and Open Public Solicitation Process as set forth in N.J.S.A. 19:44A-

20.4 et seq., the Commission reserves the right to reject any or all submissions for any reason including, but not in any way limited to, any defects; or the Commission, in its sole discretion may waive formalities and accept any submissions that in their judgment will be in the best interest of the Commission and its users and member cities. The Commission shall award the contract or reject all submissions no later than sixty (60) days from receipt of same, unless extended with the consent of the professional service responders (or extraordinary unspecifiable services responders).

By authorization of the Passaic Valley Water Commission, County of Passaic, in the State of New Jersey:

Passaic Valley Water Commission mailto:lbresemann@pvwc.com

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REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES (OR EXTRAORDINARY

UNSPECIFIABLE SERVICES)

TABLE OF CONTENTS

DESCRIPTION PAGE

Public Notice……………………………………………………………………………………………………………………………………………………….1

Table of Contents

Instructions Page ............................................................................................................................. 3-4

Identification Page

Experience/Reputation

Knowledge of Subject Matter

Availability of Personnel & Resources

Qualifications and Experience

Statement of Ownership ............................................................................................................... 10-12

Insurance Requirements and Acknowledgement Form

Affirmative Action Compliance Notice

Acknowledgement of Receipt of PVWC's Changes to the Request for Responses for the Project

Conflict of Interest Certification

Non-Collusion Affidavit

Americans with Disabilities Act of 1990 Equal Opportunity for Individuals with Disability

Certification of Investment Activities in Iran

Certification of Investment Activities in Russia or Belarus

Appendix A – Schedule of Political Contributions/Donations .................................................................... A

Appendix B – Checklist of Additional Items to be Submitted With Response............................................. B

Appendix C – PVWC's Form of Agreement ............................................................................................. C

Appendix D – Professional Evaluation and Ranking Methodology .......................................................... D

Appendix E – Schedule of Fees and/or Methods of Proposed Compensation ............................................. E

Appendix F - PVWC's Additional Technical and Other Requirements ......................... .............................F

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INSTRUCTIONS

The Responder's submission in response to this Request for Proposals shall consist of four (4) copies of the Response, one (1) with original signatures and all pages of the Response (including all referenced attachments) secured with a binder clip, or clips, and the remaining three (3) copies each securely and separately bound into sets. The Commission will not accept responsibility for mislabeled submissions.

The Commission will not be responsible for submissions forwarded through US mail or any delivery service if lost in transit or if hand-delivered to an incorrect location.

All submissions shall be submitted in opaque sealed envelopes clearly marked on the outside to indicate the Project Number, Project Title, and submission due date, and shall be to the attention of "Purchasing Department, PVWC".

Submittals before the time of opening of submissions may be withdrawn upon written application of the professional service contractor who shall be required to produce evidence showing that they are, or that they are authorized to represent, the principal or principles involved in the submission. Submissions may not be withdrawn within 24 hours of the stipulated time of opening of submissions. Once submissions have been opened, they shall remain firm for a period of not less than sixty (60) days.

More than one submission from an individual, firm or partnership, or corporation or association of principals under the same or different names will not be considered, and will most likely result in the rejection by the Commission of any or all submissions from the same Responder; all at the Commission's sole discretion.

All those submitting Proposals should review the enclosed Request for Proposals and submit all documentation requested to aid the Passaic Valley Water Commission (the "Commission" and/or "PVWC") in making an informed decision. All Proposals must address ALL of the Sections contained in this Request for Proposals by providing documentation and/or a response to that Section. A duly authorized individual must sign all Responses. Failure to follow the instructions as set forth herein will render the submission unresponsive and could result in rejection.

All professional service contractors (or extraordinary unspecifiable services contractors) (referred to herein as "Professionals" and/or "Respondents") are required to comply with the requirements of N.J.S.A. 52:32-44 (Business Registration of Public Contractors), N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 et seq. (Contract Compliance and Equal Employment Opportunities in Public Contracts).

Mandatory Equal Employment Opportunity language (N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 et seq.)

for goods, services, and general service contracts shall be as set forth in the Standard form of Agreement for Professional Services as set forth in Appendix C attached hereto.

The submission shall be accompanied by: (a) Conflict of Interest Certification; (b) Non-Collusion Affidavit;

(c) Disclosure of Ownership Statement (N.J.S.A. 52:25-24.2); (d) Insurance Requirement Acknowledgement conforming to the applicable provisions in the "Standard Form of Agreement"; (e) Mandatory Equal Employment Opportunity Notice acknowledgement indicating that you have read and are in conformance with the applicable provisions in the "Standard Form of Agreement"; and (f) a copy of the applicable Business Registration Certificate (N.J.S.A. 52:32-44). The Business Registration Certificate may be obtained from the New Jersey Division of Revenue by phone at 609-292-1730 or on the internet

-4-at https://www.state.nj.us/treasury/revenue/gettingregistered.shtml. All forms listed above shall be completed in their entirety and shall be current and in effect at the date and time stipulated in the Public Notice for submission of Responses for the Project and shall be renewed by the Responder as required to continue to be, and remain, in effect for the anticipated duration of the contract.

No rights are conferred upon any party with regard to the Commission by virtue of a response to this Request for Proposals unless there is a contract duly awarded, approved, and executed by the respondent and the Commission. All submissions become the property of the Commission and there shall be no obligation to return any submission.

The Commission reserves the right to reject any and all submissions in whole or in part if not in compliance with the standardized submission requirements. The attention of Responders is especially directed to the provisions of Federal, State, County and Local Government Statutes and Regulations that may apply to the Project.

In the event that a new contract has not been awarded prior to the contract expiration date, it shall be incumbent upon the Responder to continue the contract under the same terms and conditions until a new contract, or new contracts, can be completely in place and serving the Commission, provided that the interim period is minimized by the Commission and a new contract is put in place by the Commission within a reasonable time period such that the transition period does not exceed ninety (90) consecutive calendar days beyond the expiration date of the contract.

Professionals who receive an award of a contract are required to attend Commission meetings upon request.

Attached is a sample contract entitled "Form of Agreement" which is similar to the contract the selected Professional will be expected to execute, sign and return to PVWC prior to starting the work.

Professionals who would not be willing to sign and execute PVWC's "Form of Agreement", as written, are requested to clearly indicate specific reasons concerning their decision in writing and include same in the sealed package response. Professionals are advised, however, that PVWC considers it's Agreement for Professional Services, and the terms and conditions included therein, as being non-negotiable and that requests for any substantive changes will most likely result in rejection of Professional's Proposal.

Any questions regarding this Request for Proposals can be directed to Lisa Bresemann of PVWC in writing via email at lbresemann@pvwc.com no later than ten days prior to the date and time for receipt of Statement of Qualifications set forth in the Public Notice for the Project. The subject line shall reference the Project Number.

Questions, clarifications, and modifications will be addressed in writing by PVWC to all recipients of this RFP by e-mail.

mailto:lbresemann@pvwc.com

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IDENTIFICATION PAGE

A. Name of Firm(1): _____

B. Address of Firm: ______________________

C. Mailing Address (if different from above): _____

D. Firm's Primary Contact Person for this Project:

1. Name: _______ ____________________________

2. Telephone Number:______________________________________________

3. Facsimile Number:_______________________________________________

4. E-mail Address: _____

E. Firm's Alternate Contact Person for this Project:

1. Name: _______ ____________________________

2. Telephone Number:______________________________________________

3. Facsimile Number:_______________________________________________

4. E-mail Address: _____

F. Contact Information for Firm's Proposed Subcontractor, if any:

1. Name of Subcontractor's Firm: _______ ________________

2. Address of Subcontractor's Firm: _______ ___________

3. Subcontractor's Contact Person:____________________________________

4. Telephone Number :______________________________________________

5. Facsimile Number:_______________________________________________

6. E-mail Address: _____

G. Contact Information for Firm's Additional Proposed Subcontractor(s), if any:

(Attach Additional Sheets as Required)

NOTE: (1) Firm as used herein refers to Professional/Professional's firm, as applicable.

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EXPERIENCE/REPUTATION

Responders to the Request for Proposals shall include a narrative to address this Section

(Additional detail may be provided in the Proposal)

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KNOWLEDGE OF SUBJECT MATTER

Responders to the Request for Proposals shall include a narrative and/or provide any documentation that may be considered responsive to address this Section.

(Additional detail may be provided in the Proposal)

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AVAILABILITY OF PERSONNEL & RESOURCES

1. List the different disciplines of work performed by your Firm and their relative percentage of your total work (Firm as used herein refers to Professional/Professional's firm, as applicable).

2. List what percentage of your total clientele and revenues would be represented by this Project.

_________% of total clientele ________% of total revenues

3. List the job titles and number of full and/or part time support staff to be assigned to this Project.

4. List the name and Firm affiliation (e.g. partner, associate) of each full and/or part-time professional to be assigned to this Project. Also, report the amount of turnover among professionals for the past five (5) years.

5. Discuss how you would find/use experts and/or professionals to represent the Commission, if necessary, in specific areas of expertise.

6. Provide a description of your ability to accommodate all required meetings and the physical size of your offices.

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QUALIFICATIONS AND EXPERIENCE

Responders to the Request for Proposals shall include a narrative and/or any other documentation as a response to address this Section.

(Additional Detail may be Provided in the Proposal)

A. Name(s) of other professionals who may be recommended to supplement Professional's in-house expertise, or other specialized services. Please note their areas of expertise: (Add to this list if necessary):

1.

2.

B. States in which the Responder holds current relevant licenses or certificates.

C. Years of experience as a professional/licensed professional practicing in New Jersey:

D. Current or Past Applicable Experience (Attach additional sheets as necessary)

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STATEMENT OF OWNERSHIP

(OWNERSHIP DISCLOSURE CERTIFICATION)

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

This Statement Shall Be Included with All Bid and Proposal Submissions

Name of Business: __________________________________________________________

Address of Business: ________________________________________________________

Name of person completing this form: __________________________________________

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

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

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

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

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

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

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

Part I

Check the box that represents the type of business organization:

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

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

□ Partnership □ Limited Partnership □ Limited Liability Partnership

□ Limited Liability Company

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

□ Other (be specific): ______________________________________________

Part II

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

OR

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

Sign and notarize the form below, and, if necessary, complete the list below.

(Please attach additional sheets if more space is needed):

Name: __________________________ Name: __________________________

Address: ________________________ Address: ________________________

Name: __________________________ Name: __________________________

Address: ________________________ Address: ________________________

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Part III - Any Direct or Indirect Parent Entity Which is Publicly Traded:

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

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

OR

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

AND

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

Subscribed and sworn before ____________________________ (Affiant) me this ___________ day of

______________ , 20 _____ (Notary Public)

(Print name of affiant and title if applicable)

My Commission expires:

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INSURANCE REQUIREMENTS AND ACKNOWLEDGEMENT FORM

Certificate(s) of Insurance shall be filed with the Administrative Secretary of the Passaic Valley Water Commission ("PVWC") upon award of contract by PVWC.

The minimum amount of insurance to be carried by the Professional Service Entity ("Vendor") shall be as set forth in the Form of Agreement provided by PVWC with respect to the proposal for which this is submitted.

Acknowledgement of Insurance Requirement

(Signature) (Date)

(Print Name and Title)

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AFFIRMATIVE ACTION COMPLIANCE NOTICE

(N.J.S.A. 10:5-31 and N.J.A.C. 17:27)

GOODS AND SERVICES CONTRACTS

(INCLUDING PROFESSIONAL SERVICES)

This form is a summary of the successful professional service entity (the "Vendor")'s requirement to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27.

The Vendor shall submit to the Passaic Valley Water Commission ("PVWC"), after notification of award but prior to execution of this contract, one of the following three documents as forms of evidence:

(a) A photocopy of a valid letter that the Vendor is operating under an existing Federally approved or sanctioned affirmative action program (good for one year from the date of the letter);

OR

(b) A photocopy of a Certificate of Employee Information Report approval, issued in accordance with N.J.A.C. 17:27-4;

(c) A photocopy of an Employee Information Report (Form AA302) provided by the Division of Contract Compliance and distributed to PVWC to be completed by the Vendor in accordance with N.J.A.C.

17:27-4.

The successful Vendor may obtain the Employee Information Report (AA302) from PVWC during normal business hours.

The Vendor must submit the copies of the AA302 (Employee Information Report) to the Division of Contract Compliance and Equal Employment Opportunity in Public Contracts (Division). The Public Agency copy is submitted to PVWC, and the Vendor copy is retained by the Vendor.

The undersigned Vendor certifies that he/she is aware of the commitment to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27 and agrees to furnish the required forms of evidence.

The undersigned Vendor further understands that his/her Proposal/bid shall be rejected as non-responsive if said Vendor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27.

The undersigned Vendor also acknowledges that it has carefully reviewed the Form of Agreement required to be executed by PVWC and can comply with the terms set forth therein, to the extent applicable as said terms relate to Equal Employment requirements.

COMPANY: ________________________________________________________________________

SIGNATURE:______________________________ PRINT NAME:______________________________

TITLE: _______________________________________DATE: _______________________________

NOTE: NO CONTRACT CAN BE AWARDED WITHOUT THE SUBMISSION OF ONE OF THE ABOVE ITEMS FOR PROOF OF AFFIRMATION ACTION PLAN, COMPLETED AND SUBMITTED TO THE DEPARTMENT OF PURCHASING.

A CONTRACTOR'S PROPOSAL/BID MUST BE REJECTED AS NON-RESPONSIVE IF A CONTRACTOR FAILS TO

COMPLY WITH THE REQUIREMENTS OF P.L. C127 WITHIN THE TIME FRAME.

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ACKNOWLEDGMENT OF RECEIPT OF PVWC'S CHANGES TO

THE REQUEST FOR RESPONSES FOR THE PROJECT

The undersigned authorized representative of the Responder hereby acknowledges receipt of the following notices, revisions, or addenda to the Public Notice and/or Request for Responses for the Project by indicating the date of receipt of each said notice, revision, and addendum issued by PVWC in the appropriate spaces provided below.

The authorized representative of the Responder hereby acknowledges that the submitted Response takes into account the provisions of all such notices, revisions or addendum, if any, issued by PVWC.

Note that PVWC's record of notice to the Responder shall take precedence and that failure to include provisions of changes in a Responder's Response may be subject for rejection of the said Response.

PVWC's Reference Number Or Title of Addendum/Revision

How Received (e-Mail, Mail, fax, pick-up, etc.)

Date Received

Name of Bidder:

By Authorized Representative:

Signature: _________________________________________________

Printed Name and Title: ______________________________________

Date: _____________________________________________________

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CONFLICT OF INTEREST CERTIFICATION

The undersigned certifies to Passaic Valley Water Commission ("PVWC"), County of Passaic, State of New Jersey, that in performing services to PVWC, He/She is aware of no circumstance that would constitute a conflict of interest, financial or otherwise, between Himself/Herself (or His/Her firm) and the interests of PVWC. The undersigned certifies that He/She has made a search of His/Her firm's client base and has executed this certification subsequent to such search.

The undersigned acknowledges this is a continuing certification, and shall remain in effect for the term of the services contained in the solicited request for proposal. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are false, PVWC is free to terminate any professional services agreement entered into with the undersigned and/or His or Her firm.

Applicant's Signature: ____________________________________________________

Applicant's Name and Title (Type in Below):

Type Name of Applicant's Firm (Type in Below):

Date: ___________________ , 20___

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NON-COLLUSION AFFIDAVIT

This Affidavit is to be filled out and executed by the Responder; if the response to the Request for Proposals is made by a partnership or corporation, then by its properly authorized agent.

STATE OF_ )

) SS:

COUNTY OF _____ )

being first duly sworn, deposes and says that he/she is _________________________________

(sole owner, a partner, president, secretary, etc.)

of the party making the enclosed Proposal; and say further that s or are the only or parties interested with the party making the Proposal in the profits or proceeds of any Contract which may result from the said Proposal; that the said Proposal is made without any connection or interest in the profits or proceeds thereof with any other person making any proposal for said Work;

that no member of the Commission head of any department or bureau or employee therein or any official or officer of the Passaic Valley Water Commission, New Jersey, is directly or indirectly interested therein;

that said Proposal is genuine and not collusive or sham; that said Responder has not colluded, conspired, connived, or agreed, directly or indirectly, with any responder or person, to put in a sham proposal, or that such person shall refrain from proposing, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to fix the Pricing in the Proposal of Affiant or in proposal of any other responder, or to fix any overhead, profit or cost element of said Pricing, or of that of any other responder, or to secure any advantage against the Passaic Valley Water Commission, or any person interested in the proposed Contract; and that all statements contained in said Proposal are true; that such Responder has not, directly or indirectly submitted this Proposal, or the contents thereof, or divulged information or data relevant thereto, to any association or to any member or agent thereof; and further says that all the statements made by him/her in said proposal are true.

(Name and Address of Responder)

(Name and Title of Affiant)

Subscribed and sworn before me this _________ day of

___________________________________, 20 ___

(Notary Public of)____________________________

My commission expires: ________________, 20 ___

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AMERICANS WITH DISABILITIES ACT OF 1990

EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITY

The contractor and the Passaic Water Valley Commission (hereafter "owner") do hereby agree that the provisions of Title 11 of the Americans With Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 et seq.), which prohibits discrimination on the basis of disability by public entities in all services, programs, and activities provided or made available by public entities, and the rules and regulations promulgated pursuant there unto, are made a part of this contract. In providing any aid, benefit, or service on behalf of the owner 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 owner in any action or administrative proceeding commenced pursuant to this Act. The contractor shall indemnify, protect, and save harmless the owner, 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 owner’s grievance procedure, the contractor agrees to abide by any decision of the owner which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the owner, or if the owner 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 owner 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 owner or any of its agents, servants, and employees, the owner shall expeditiously forward or have forwarded to the contractor every demand, complaint, notice, summons, pleading, or other process received by the owner or its representatives.

It is expressly agreed and understood that any approval by the owner 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 owner pursuant to this paragraph.

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

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DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN

Bidder Name: ______________________________________________________________________

Pursuant to N.J.S.A. 52:32-57, et seq. (P.L. 2012, c.25 and P.L. 2021, c.4) any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must certify that neither the person nor entity, nor any of its parents, subsidiaries, or affiliates, is identified on the New Jersey Department of the Treasury’s Chapter 25 List as a person or entity engaged in investment activities in Iran. The Chapter 25 list is found on the Division’s website at https://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf. Vendors/Bidders must review this list prior to completing the below certification. If the Director of the Division of Purchase and Property finds a person or entity to be in violation of the law, s/he shall take 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.

CHECK THE APPROPRIATE BOX

I certify, pursuant to N.J.S.A. 52:32-57, et seq. (P.L. 2012, c.25 and P.L. 2021, c.4), that neither the Vendor/Bidder listed above nor any of its parents, subsidiaries, or affiliates is listed on the New Jersey Department of the Treasury’s Chapter 25 List of entities determined to be engaged in prohibited activities in Iran.

OR

I am unable to certify as above because the Vendor/Bidder and/or one or more of its parents, subsidiaries, or affiliates is listed on the New Jersey Department of the Treasury’s Chapter 25 List. I will provide a detailed, accurate and precise description of the activities of the Vendor/Bidder, or one of its parents, subsidiaries or affiliates, has engaged in regarding investment activities in Iran by completing the information requested below.

Entity Engaged in Investment Activities Relationship to Vendor/ Bidder Description of Activities

Duration of Engagement Anticipated Cessation Date Attach Additional Sheets If Necessary

CERTIFICATION

I, the undersigned, certify that I am authorized to execute this certification on behalf of the Vendor/Bidder, that the foregoing information and any attachments hereto, to the best of my knowledge are true and complete. I acknowledge that the State of New Jersey is relying on the information contained herein, and that the Vendor/Bidder is under a continuing obligation from the date of this certification through the completion of any contract(s) with the State to notify the State in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification. If I do so, I will be subject to criminal prosecution under the law, and it will constitute a material breach of my agreement(s) with the State, permitting the State to declare any contract(s) resulting from this certification void and unenforceable.

Signature_______________________________ Date ______________________

Print Name and Title _____________________________________________________

This form is to be completed, certified and submitted prior to the award of contract.

https://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf

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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.

I, the undersigned, certify that I have read the definition of “Vendor” below, and have reviewed the Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, and having done so certify:

(Check the Appropriate Box)

A. That the Vendor is not identified on the OFAC Specially Designated Nationals and Blocked Persons list on account of activity related to Russia and/or Belarus.

B. That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially

Designated Nationals and Blocked Persons list on account of activity related to Russia and/or Belarus.

That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially Designated Nationals and Blocked Persons list. However, the Vendor is engaged in activity related to Russia

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and/or Belarus consistent with federal law, regulation, license or exemption. A detailed description of how the Vendor’s activity related to Russia and/or Belarus is consistent with federal law is set forth below.

(Attach Additional Sheets If Necessary.)

Signature of Vendor’s Authorized Representative Date

Print Name and Title of Vendor’s Authorized Representative Vendor’s FEIN

Vendor’s Name Vendor’s Phone Number

Vendor’s Address (Street Address) Vendor’s Fax Number

Vendor’s Address (City/State/Zip Code) Vendor’s Email Address i Vendor means: (1) A natural person, corporation, company, limited partnership, limited liability partnership, limited liability company, business association, sole proprietorship, joint venture, partnership, society, trust, or any other nongovernmental entity, organization, or group; (2) Any governmental entity or instrumentality of a government, including a multilateral development institution, as defined in Section 1701(c)(3) of the International Financial Institutions Act, 22 U.S.C. 262r(c)(3); or (3) Any parent, successor, subunit, direct or indirect subsidiary, or any entity under common ownership or control with, any entity described in paragraph (1) or (2).

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SCHEDULE OF POLITICAL CONTRIBUTIONS/DONATIONS

(Pursuant to Subsection 2.a. of Chapter 271 of P.L. 2005)

APPENDIX A

Schedule of applicable political donations by any contributor as defined in the "Non-Fair and Open Process" Statute, N.J.S.A. 19:44A-20.4 et seq. for the 12 months prior to submission:

Submitted by: _________________________

(Print name under line and sign above)

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CHECKLIST OF ADDITIONAL ITEMS TO BE SUBMITTED WITH RESPONSE

APPENDIX B

The following items as indicated below (√), shall be provided with the receipt of sealed submissions:

Statement of Ownership Form ..................................................................................................... (√)

Insurance Requirements and Acknowledgement Form ............................................................... (√)

Mandatory Equal Employment Opportunity Notice ..................................................................... (√)

Conflict of Interest Certification ................................................................................................... (√)

Non-Collusion Affidavit ................................................................................................................ (√)

Copy of Responder's Business Registration Certificate as Issued by The State of New Jersey, Department of Treasury, Division of Revenue ................................... (√)

Disclosure of Investment Activities in Iran ................................................................................. (√)

Disclosure of Investment Activities in Russia or Belarus ............................................................ (√)

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APPENDIX C

FORM OF AGREEMENT

THIS AGREEMENT (hereinafter "AGREEMENT") made as of _______, 20__ between PASSAIC VALLEY WATER COMMISSION ("PVWC"), a Public Utility Company organized pursuant to its enabling statute (N.J.S.A. 40:62-108 et seq.), having its principal place of business at 1525 Main Avenue, Clifton, New Jersey 07011, and _______________________ _______________________________________________, a professional firm (hereinafter "PROFESSIONAL") having a place of business at ___________________________________

WHEREAS, PVWC desires professional services as applicable, to assist PVWC in its efforts related to Project Number 26-PE-26 entitled Construction Management Services for Mountain Ave Drainage Improvements (hereinafter the "PROJECT"); and

WHEREAS, PVWC requires Professional Services to assist it in implementing the PROJECT;

and:

WHEREAS, PROFESSIONAL represents that it has the experience and the required professional knowledge to provide the professional services, and/or extraordinary unspecifiable services, as applicable (hereinafter "PROFESSIONAL SERVICES"), and as required by PVWC in this regard as set forth in the "Public Notice", "Table of Contents", and the "Request for Proposals" of the "Request for Proposals for Professional Services (or Extraordinary Unspecifiable Services)", and Appendices A, B, C, & D of the Solicitation (and including, where applicable, Appendix E with additional technical and other requirements attached thereto); all of which, along with a copy of the PROFESSIONAL'S proposal dated__________, 20__, are collectively referred to herein as the "PROPOSAL"; and

WHEREAS, the AGREEMENT shall be for a one-year period of time commencing on the Effective Date of this AGREEMENT as defined in Paragraph 19 herein, and for any extended periods authorized by PVWC.

WHEREAS, PVWC and PROFESSIONAL are desirous of entering into a consulting agreement to cover the PROFESSIONAL SERVICES authorized by PVWC and required for the PROJECT; and

NOW, THEREFORE, in consideration of the mutual promises herein, PVWC and PROFESSIONAL agree that the terms and conditions of this AGREEMENT are the following:

1. PROFESSIONAL shall provide the PROFESSIONAL SERVICES authorized by PVWC and required for the PROJECT. PROFESSIONAL'S obligations under this AGREEMENT are solely for the benefit of PVWC and no other party is intended to benefit or have rights hereunder.

2. PROFESSIONAL shall perform the PROFESSIONAL SERVICES as defined under this AGREEMENT at a level customary for competent and prudent professional service providers, all as applicable, performing such services at the time and place where the services are provided ("STANDARD OF CARE"). These services will be provided by professional service providers in the appropriate disciplines, and by other professionals and individuals skilled in other technical disciplines, as appropriate. PROFESSIONAL shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all aspects of its services including reports and other deliverables and services provided under this AGREEMENT. The services to be performed by PROFESSIONAL shall conform to the generally accepted codes and regulations applicable to the subject PROJECT. PROFESSIONAL agrees to indemnify and hold PVWC harmless from all losses and damages resulting from PROFESSIONAL'S failure to meet the STANDARD OF CARE. Further, PROFESSIONAL shall correct and re-perform any services not conforming to the required STANDARD OF CARE without additional compensation and cost to PVWC, (including, but not limited to pending written or oral testimony, reports, etc., which might occur from activities resulting from the performance of this AGREEMENT which were caused by PROFESSIONAL'S performance). In addition, PROFESSIONAL shall indemnify and hold harmless PVWC and its officers, agents and employees of PVWC from and against any losses, claims, damages, or liabilities to which PVWC may become subject insofar as and to the extent they arise out of the deviation from the STANDARD OF CARE in the performance of the services by the PROFESSIONAL, hereunder.

3. The cost of services for those portions, if any, of the PROJECT that are pre-authorized in writing by the Commission (and subsequently performed by PROFESSIONAL pursuant to this

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AGREEMENT for PROJECT) shall be as stipulated in Appendix E or in accordance with the QUALIFICATIONS not to exceed $200,000.00.

PROFESSIONAL shall invoice PVWC its services hereunder after completion thereof and on the basis of reports and accompanying documents, if appropriate, on a monthly basis, including therein information as to progress in performance as against one hundred percent (100%) completion thereof and also showing amounts previously compensated hereunder, as against the total authorization. To the extent items appearing on invoices presented by PROFESSIONAL are not contested, PVWC will remit payment of the invoice as soon as it can reasonably process same in the normal course of business and barring any failure of systems related thereto or unusual staffing shortages. If at any time it appears to PROFESSIONAL that the proposed scope of services to be performed on the different aspects of any PROJECT will exceed that which was authorized by PVWC, PROFESSIONAL shall clearly indicate same in its continuing written reports. The PROJECT shall be invoiced separately. Each invoice shall include a breakdown of hours expended along with the names of individual expending said hours, along with a breakdown of charges from subcontractors where applicable and out-of-pocket expenses chargeable to the PROJECT. Each invoice shall include a summary sheet including total amount billed for the time period covered by the invoice and the time period covered, total amount billed to date, total not-to-exceed dollar amount for cost of services (said amounts as set forth or defined in Paragraph 3 herein), and balance remaining.

4. PROFESSIONAL shall be responsible to PVWC for any subcontractors and outside associates or professional it engages to assist it in the performance of the services required under this AGREEMENT.

5. PVWC will provide to PROFESSIONAL all available information, including previous reports and any other data in its possession relevant to the subject PROJECT. Further, PVWC will be responsible for providing PROFESSIONAL access to all public and private property in connection with services to be performed for the PROJECT.

6. Both PVWC and PROFESSIONAL understand that the goal of this AGREEMENT is to complete all phases of the subject PROJECT in a reasonably expeditious fashion. To this end each pledges to the other full cooperation.

7. The services to be performed under this AGREEMENT for the PROJECT shall be deemed to be completed when the scope of work authorized by PVWC for the PROJECT has satisfactorily been fulfilled.

8. By notice in writing at any time, PVWC may change the general scope of services required by PROFESSIONAL as set forth herein. In such event an equitable adjustment, if appropriate, in compensation shall be agreed to in writing prior to PROFESSIONAL'S performing the changed services.

9. PROFESSIONAL shall hold secret and confidential all information designated by PVWC as confidential. PROFESSIONAL shall not reveal any designated confidential information to a third party unless the disclosing party was lawfully possessed with the information before receipt of same from the party claiming confidentiality and whose information has been designated as described herein as being confidential, or applicable law, regulation, court order or any agency of competent jurisdiction requires its disclosure; or the failure to disclose the information would pose an imminent and substantial threat to human health or the environment.

10. PROFESSIONAL shall maintain insurance.

Insurance Coverages

A. Commercial General Liability: $1,000,000 Each Occurrence / $1,000,000 Aggregate (Completed Operations must be included)

B. Business Automobile Liability: $1,000,000 combined single limit any one accident (All owned, hired or non-owned automobiles used in connection with this agreement)

C. Professional Liability/Errors & Omissions Liability: $1,000,000 each claim / $1,000,000 annual aggregate (Must not contain cyber, privacy or network-related exclusions)

D. Workers’ Compensation: Statutory

E. Employers’ Liability: $1,000,000

PROFESSIONAL shall provide to the PVWC certificates of insurance as to each of the above which evidence that the policies are in effect.

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11. This AGREEMENT shall be interpreted in accordance with the laws of the State of New Jersey and any litigation/arbitration relating to the AGREEMENT shall be venued in New Jersey. In the event of litigation, the parties agree and consent to the action being initiated in the Superior Court of New Jersey, Passaic County.

12. PROFESSIONAL represents that it is an independent professional and not an employee of PVWC.

13. If a dispute or complaint arises concerning this AGREEMENT, PVWC and PROFESSIONAL will negotiate a resolution of the dispute. Should negotiations be unsuccessful, the resolution of the dispute shall be submitted to arbitration in accordance with the current Construction Industry Arbitration Rules of the American Arbitration Association and the arbitration proceeding shall be venued in New Jersey. Any decision rendered by the arbitrators shall be final. Judgment may be entered upon the decision in any court having jurisdiction. The decision shall not be subject to modification or appeal except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. 10, 11). Notwithstanding the aforementioned, disputes which have a total value (exclusive of interest) in excess of the dollar amount for cost of services (said dollar amount as stipulated in paragraph 3 herein) shall not be arbitrated but shall be litigated.

14. All notices…