MULLICA TOWNSHIP BOARD OF EDUCATION 500 Elwood Road, PO Box 318

ELWOOD, NJ 08217

REQUEST FOR PROPOSAL #21-001

A. PURPOSE

The Mullica Township Board of Education is seeking proposals from qualified respondents as follows: Professional Engineering Services

B. SCOPE OF WORK INTRODUCTION

Mullica Township School District, is requesting proposals from professional engineering firms able to provide a variety of engineering services (civil, site, environmental & landscaping) required by the district for replacing/repairing the wastewater treatment plant and replacement of the septic disposal field, as needed. The engineering services desired include, but are not limited to preparation of plans, bid documents, contracts, specifications and cost estimates for construction projects, detailed studies on specific items, conducting investigations, preparation of reports, land surveying activities, construction and site inspections, and construction contract administration. DESCRIPTION: Engineering and consulting services to be provided may include: 1. Preparation of plans and specifications for projects. Services may include preliminary plans and cost estimates, necessary fieldwork, drafting, design, surveying, bid and contract preparation, construction inspection, and project management. 2. Preparation and execution of specialized engineering reports on a variety of subjects including, but not limited to drainage studies, and construction feasibility studies. 3. Coordinate, facilitate and/or attend project-related meetings, such as pre-bid, preconstruction and project progress meetings. 4. Construction administration and engineering including, but not limited to review and approval of material and schedule submittals, daily construction observation and documentation, coordinating contractor’s work and preparation of Engineer’s Certificates. 5. Surveying activities including, but not limited to topographic survey, title search, easement legal description preparation, construction staking and cut-sheet preparation.

C. QUALIFICATIONS AND REQUIREMENTS OF RESPONDENTS 1. Engineering firm shall have three or more licensed professionals on staff whose

major focus and work has been and remains providing professional services to and advising public entities.

2. The firm shall have at least ten (10) years experience. 3. The Principal Office must be in New Jersey.

4. The firm shall designate one professional within the firm who will be assigned to represent the interest of the School District. This individual shall have been admitted and/or licensed in his/her profession and be in good standing for a minimum of five (5) years.

5. Firm must provide a list of at least five (5) public school districts for which you have

provided engineering services. References will be checked. Please provide the name of each school district, the date of service, and the telephone number of a contact person.

D. CONTRACT PERIOD

The term of contract for Engineering Services shall be from October 1, 2020 through the completion of the projects.

E. COORDINATION OF ACTIVITIES

All activities for this contract will be coordinated through the Administrative Offices of the Mullica Township Board of Education, 500 Elwood Road, PO Box 318, Elwood, NJ 08217 and addressed to Karen Gfroehrer, Business Administrator/Board Secretary, 609-561-3868 x. 124, kgfroehrer@mullicaschools.com.

F. PRESENTATION PACKAGE – Submit the RFP Response

The Mullica Township Board of Education seeks from all participating respondents’ information that will assist the district in selecting the respondent who will provide the highest quality services at a fair and competitive price. All respondents shall prepare a presentation package to be submitted with the RFP. The following shall be included in the presentation package: 1. Transmittal Letter - Proposal

Each respondent shall submit a transmittal letter with the RFP that identifies the person submitting the proposal and includes a commitment by that person to provide the service required by the Mullica Township Board of Education.

2. Description of Services

All respondents should list all services to be rendered with a detailed explanation of how the services will be provided. By submitting a proposal, each respondent acknowledges that they fully understand the scope of work, activity, and service.

3. Qualifications – Relevant Experience

All respondents should list all services to be rendered with their explanation in detail of how the services will be provided. By submitting a proposal, all respondents acknowledge that they fully understand the scope of work, activity, and service.

4. Fee Proposal

All respondents are to submit a fee proposal that compliments the service that is being requested. The district requests hourly rates as well as the total cost to the board to complete the wastewater treatment plant repairs/replacement and the septic disposal field replacement. Costs should be project specific and should be submitted as separate projects.

5. The Presentation Package must be submitted with the RFP Package and should be sent to:

Karen Gfroehrer, Business Administrator/Board Secretary, Mullica Township Board of Education 500 Elwood Road, PO Box 318 Elwood, NJ 08217

G. SUBMISSION OF RFP PACKAGE

All RFP Proposal Packages, including the Presentation Package are to be addressed to:

Karen Gfroehrer, Business Administrator/Board Secretary Mullica Township Board of Education 500 Elwood Road, PO Box 318 Elwood, NJ 08217

Respondents are to include:

One original RFP Package with original signature

One copy of the RFP Package.

H. SUBMISSION DEADLINE:

The deadline to submit all RFP Packages is Thursday, October 1, 2020 at 10:00 a.m.

I. EVALUATION OF PROPOSALS:

A committee will be selected to evaluate proposals that have been submitted. Committee members are familiar with the need for services to be performed in the Request for Proposal.

All proposals are to be evaluated based on whose response is the most advantageous to the school district and whose response will provide the highest quality of service at fair and competitive prices. The Board of Education shall utilize a one hundred (100) point system in evaluating proposals. A. Professional Qualifications – 20 points

1. State the full name and address of your organization. 2. Include the number of executive and professional personnel by skill and

qualification that will be employed in the work. Please include resumes for those individuals within the firm that would be assigned to this project with an indication of the primary contact person. Qualifications and capabilities of any sub-consultants must also be included.

3. State the history of the firm, in terms of length of existence, types of services

provided, etc. Identify the technical details which make the firm qualified for this work.

B. Past involvement with Similar Projects - 20 points. The written proposal must

include a list of specific experience in the project area and indicate proven ability in developing detailed designs and implementing similar projects for the firm and the individuals to be involved in the project. Include as a reference the contact person from the entity that the past contracts were with. Indicate the key personnel from your firm who worked on the project.

C. Fee Proposal - 40 points. Fee proposals are to include the title, hourly rates,

overhead factors, and any other details by which the overall and project element costs have been derived. The SAMPLE Professional Services Agreement is included in this RFP proposal. Each project will be calculated separately.

D. Additional Documentation- 20 points. All forms delineated on the checklist must be

completed and submitted with the proposal.

The Board reserves the right to (a) reject all proposals, (b) require the candidates to submit additional information, (c) waive any informalities in the qualifications and (d) procure the services through other sources if deemed most advantageous to the Mullica Township School District. The Board’s determination as to the candidate who is most advantageous to the goals and objectives of the Mullica Township Board of Education shall be final and conclusive.

J. AWARD OF CONTRACT

It is the intention of the Board of Education to award the contract to the respondent based upon relative experience, qualifications, and who will provide the highest quality of service at fair and competitive prices. The procedures developed for the award of the contract are in accordance with N.J.S.A. 18A:18A-4.4. A decision on whether the contract will be awarded and to whom, shall be made within sixty (60) days from the date the proposals are opened. The proposal must be concise and clear. The respondent acknowledges that it has read this Request for Proposal in its entirety, understands it, and agrees to be bound by its terms and conditions. Proposals must be submitted on time. The Board reserves the right to reject any or all proposals

K. AUTHORIZATION TO WORK:

No service shall be rendered unless the successful respondent receives an approved purchase order authorizing the respondent to render the service.

L. ADDITIONAL DOCUMENTS TO BE SUBMITTED WITH THE PROPOSAL:

Affirmative Action Questionnaire;

Stockholders Disclosure Statement;

Vendor Questionnaire/Certification;

New Jersey Business Registration Certificate;

Chapter 271 Political Contribution Disclosure Form;

Non-Collusion Affidavit;

W-9;

Disclosure of Activities in Iran Form N.J.S.A. 18A:18A-49.4- http://www.state.nj.us/treasury/purchase/pdf/chapter25list.pdf; and

Insurance- General Commercial Liability $1,000,000, Professional Liability $2,000,000, and Workers’ Compensation- Statutory- Mullica Township Board of Education in primary status.

M. CONTRACTS:

Upon notification of award of contract by the Mullica Township Board of Education, the successful respondent shall sign and execute a formal contract agreement with the Board of Education.

The successful respondent shall sign and execute said contract and return it together with documents required by the district such as but not limited to:

Professional Liability Certificate;

Criminal History Background evidence;

Other required documents as may be outlined in the proposal specifications.

N. AFFIRMATIVE ACTION REQUIREMENTS:

In addition to the Affirmative Action Questionnaire (Exhibit B) submitted with the proposal, each respondent 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:

i. Appropriate evidence that the respondent is operating under an existing federally approved or sanctioned affirmative action program; or

ii. A certificate of employee information report approval issued in accordance with N.J.A.C. 17:27-4; or

iii. An employee information report (Form AA302) provided by the Division and distributed to the public agency to be completed by the contractor, in accordance with N.J.A.C. 17:27-4.

O. BUSINESS REGISTRATION CERTIFICATE (N.J.S.A. 52:32-44)

Pursuant to N.J.S.A. 52:32-44 as amended by P.L. 2004 – Chapter 57, all respondents shall submit with their proposal package a copy of their “New Jersey Business Registration Certificate” as issued by the Department of Treasury of the State of New Jersey. Failure to provide the New Jersey Business Registration Certification with the proposal package may be cause for the rejection of the entire proposal.

Goods and Services

N.J.S.A. 52:32-44 imposes the following requirements on contractors and all subcontractors that knowingly provide goods or perform services for a contractor fulfilling this contract: 1) The contractor shall provide written notice to its subcontractors to submit proof of business registration to the contractor. No contract with a subcontractor shall be entered into by any contractor under any contract with a contracting agency unless the subcontractor first provides the contractor with proof of a valid business registration;2) prior to receipt of final payment from a contracting agency, a contractor must submit to the contracting agency a complete and accurate list of all subcontractors and their addresses or attest that none were used; and 3) during the term of this contract, the contractor and its affiliates shall collect, remit, and notify all subcontractors and their affiliates that they must collect and remit to the Director of the New Jersey Division of Taxation, 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 this State.

A contractor, subcontractor, or supplier who fails to provide proof of business registration or provides false business registration information shall be liable to a penalty of $25 for each day of violation, not to exceed $50,000 for each business registration not properly provided or maintained under a contract with a contracting agency. Information on the law and its requirements is available by calling (609)292-9292.

P. TERMINATION OF CONTRACT

If the Board determines that the engineer has failed to comply with the terms and conditions of the bid and/or proposal upon which the issuance of the contract is based or that the engineer has failed to perform said service or duties in an efficient manner, then the Board shall have the authority to terminate the contract upon written notice setting forth the reason for termination and effective date of termination. Termination by the Board of the contract does not absolve the engineer from potential liability for damages created as a result of the engineer’s breach of contract. The Board may withhold payment due the engineer and apply same towards damages once established. The Board will act diligently in accordance with governing statutes to mitigate damages. Damages may include the additional cost of procuring said services or goods from other sources. The engineer further agrees to indemnify and hold the District harmless from any liability to other contractors, subcontractors or suppliers concerning work performed or goods provided arising out of the lawful termination of this agreement.

Q. FALSE MATERIAL REPRESENTATION - N.J.S.A. 2C:21-34-97(b)

A person commits a crime if the person knowingly makes a material representation that is false in connection with the negotiation, award, or performance of a government contract. If the contract amount is for $25,000.00 or above, the offender is guilty of a crime of the second degree. If the contract amount exceeds $2,500.00, but is less than $25,000.00, the offender is guilty of a crime of the third degree. If the contract amount is for $2,500.00 or less, the offender is guilty of a crime of the fourth degree.

R. POLITICAL CONDTRIBUTION DISCLOSURE STATEMENT – PAY TO PLAY

A business entity as defined by law is advised of its responsibility to file an annual disclosure statement on political contributions with the New Jersey Election Law Enforcement Commission pursuant to N.J.S.A. 19:44a-20.13 (P.L. 2005 Chapter 271 Section 3) if the business entity receives contracts in excess of $50,000 from public entities in a calendar year. It is the business entity’s responsibility to determine if filing is necessary. Additional information on this requirement is available from the New Jersey Election Law Enforcement Commission at 1-888-313-3532 or at www.elec.state.nj.us. Pursuant to N.J.A.C. 6A:23A-6.3 (a)(1)-(4) please note the following:

Award of Contract - Reportable Contributions – N.J.A.C. 6A:23A-6.3 (a)(2) “No district board of education shall vote upon or award any contract in the amount of $17,500 or greater to any business entity which has made a contribution reportable by the recipient under P.L. 1973, c. 83 (N.J.S.A. 19:44A-1 et. seq.) to a member of the district board of education during the preceding one-year period.” Contributions During Term of Contract – Prohibited – N.J.A.C. 6A:23A-6.3 (a)(2)-(3) “Contributions reportable by the recipient under P.L. 1973, c. 83 ( N.J.S.A. 19:44A-1 et. seq.) to any member of the school board of education from any business entity doing business with the school district are prohibited during the term of the contract.” “When a business entity referred to in [N.J.A.C. 6A:23A-6.3(a)(2)] is a natural person, a contribution by that person’s spouse or child that resides therewith, shall be deemed to be a contribution by the business entity. Where a business entity is other than a natural person, a contribution by any person or other business entity having an interest therein shall be deemed to be a contribution by the business entity.” Chapter 271 Political Contribution Disclosure Form – Required – N.J.A.C. 6A:23A-6-3 All bidders shall submit with their bid package a completed and signed Chapter 271 Political Contribution Disclosure Form. The Chapter 271 form will be reviewed by the district to determine whether the vendor is in compliance with the aforementioned N.J.A.C. 6A:23A-6.3 (a)(2) Award of Contract.

S. INTERPRETATIONS AND ADDENDA

No interpretation of the meaning of the specifications will be made to any Respondent orally. Every request for such interpretation should be made in writing to the Purchasing Agent and must be received at least ten (10) days prior to the date fixed for the opening of Proposals to be given consideration. Any and all interpretations and any supplemental instructions will be distributed in the form of written addenda to the specifications. The addenda will be provided in accordance with N.J.S.A. 18A:18A-21 to the respondents by certified mail or certified fax no later than seven (7) days, Saturdays, Sundays, and holidays excepted, prior to the date set for acceptance of Proposals. All addenda so issued shall become part of the contract document.

T. SUBCONTRACTING; ASSIGNMENT OF CONTRACT

Contractors, services providers, and all vendors with whom the Board of Education has an executed contract may not subcontract any part of any work done or consign any contract for goods or materials for the Board without first receiving written permission from the Purchasing Agent. The respondent by signing this proposal form, acknowledges that he/she has carefully examined the proposal specifications and documents; and further acknowledges he/she understands and is able to render the scope of activity and services outlined in the proposal.

Name: Address: City, State, Zip Code Federal Tax ID Number Phone Number ( ) Extension Fax No. ( ) E-Mail Authorized Agent Title Agent’s Signature Date All proposals must be received no later than Thursday, October 1, 2020 by 10:00 a.m. All proposals are to be sent to: Karen Gfroehrer, Business Administrator/Board Secretary Mullica Township Board of Education 500 Elwood Road, PO Box 318 Elwood, NJ 08217 Phone # 609-561-3868 x124/Fax # 609-561-7133 Proposal documents may be faxed to the district, however, an original copy must be mailed to the above address.

AFFIRMATIVE ACTION QUESTIONNAIRE 1. Our company has a federal Affirmative Action Plan approval. ____ Yes ____ No

If yes, a copy of said approval must be submitted to the Mullica Township Board of Education within seven (7) working days of the notice of intent to award the contract or signing of the contract.

2. Our company has a New Jersey State Certificate of Employee Information Report . ____ Yes ____ No

If yes, a copy of the New Jersey State Certificate of Employee Information report must be submitted to the Mullica Township Board of Education within seven (7) working days of the notice of intent to award the contract or signing of the contract.

3. If you answered NO to both questions above, an Affirmative Action Employee Information Report (AA-302) will be mailed to you. You must complete the form and forward it to the Affirmative Action Office, Department of Treasury, CN 209, Trenton, NJ 08625. A copy must be submitted to the Mullica Township Board of Education within seven (7) working days of the notice of intent to award the contract or signing of the contract.

I certify that the above information is correct to the best of my knowledge. Name: Title: Signature: Date:

NON-COLLUSION AFFIDAVIT

STATE OF NEW JERSEY }

} SS

COUNTY OF ATLANTIC } (Name of Bid/Project)

I, , of the of

, in the County of ,

State of , of full age, being duly sworn according to law on my

oath depose and say that:

I am of the firm of ,

the bidder making the proposal for the above named project; that I executed the said Proposal

with full authority to do so; that said bidder has not, directly or indirectly, entered into any

agreement, participated in any collusion, or otherwise taken any action in restraint of free,

competitive bidding in connection with the above named project; and that all statements

contained in said Proposal and in this affidavit are true and correct, and made with full

knowledge that the State of New Jersey relies upon the truth of the statements contained in said

Proposal and in the statements contained in this affidavit in awarding the contract for said

project.

I further warrant that no person or selling agency has been employed or retained to solicit or

secure such contract upon an agreement or understanding for a percentage, commission,

brokerage or contingent fee, except bona fide employees or bona fide established commercial or

selling agencies maintained by in accordance with N.J.S.A

52:32.15

(Name of Contractor)

Subscribed and sworn before me this

day of , 20 (Affiant’s Signature)

(Seal) Notary Public of New Jersey (Print Affiant’s Name)

My Commission expires , 20___

THIS FORM MUST BE COMPLETED, SIGNED, AND SUBMITTED WITH BID.

C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM

Contractor Instructions

Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair and open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c. 271, s.2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of such a contract, the contractor shall disclose contributions to:

any State, county, or municipal committee of a political party

any legislative leadership committee*

any continuing political committee (a.k.a., political action committee)

any candidate committee of a candidate for, or holder of, an elective office: o of the public entity awarding the contract o of that county in which that public entity is located o of another public entity within that county o or of a legislative district in which that public entity is located or,

when the public entity is a county, of any legislative district which includes all or part of the county

The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and 19:44A-16 for more details on reportable contributions. N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not a natural person. This includes the following:

individuals with an “interest” ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in the case of a business entity that is a corporation for profit

all principals, partners, officers, or directors of the business entity or their spouses

any subsidiaries directly or indirectly controlled by the business entity

IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the business entity and filing as continuing political committees, (PACs).

When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith, shall be deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must be listed on the disclosure.

Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC in an amount to be determined by the Commission which may be based upon the amount that the business entity failed to report.

The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s responsibility to identify the specific committees to which contributions may have been made and need to be disclosed. The disclosed information may exceed the minimum requirement.

The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the Open Public Records Act.

* N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to be established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A-10.1) for the purpose of receiving contributions and making expenditures.”

C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Required Pursuant To N.J.S.A. 19:44A-20.26

This form or its permitted facsimile must be submitted to the local unit no later than 10 days prior to the award of the contract.

Part I – Vendor Information

Vendor Name:

Address:

City: State: Zip:

The undersigned being authorized to certify, hereby certifies that the submission provided herein

represents compliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this form.

_________________________ __________________________ ________________________ Signature Printed Name Title

Part II – Contribution Disclosure

Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of the government entities listed on the form provided by the local unit.

Check here if disclosure is provided in electronic form.

Contributor Name Recipient Name Date Dollar Amount $

Check here if the information is continued on subsequent page(s)

Continuation Page C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM

Required Pursuant To N.J.S.A. 19:44A-20.26 Page ___ of ______ Vendor Name:

Contributor Name Recipient Name Date Dollar Amount $

Check here if the information is continued on subsequent page(s)

STOCKHOLDER OR PARTNERSHIP DISCLOSURE AFFIDAVIT

In accordance with the Instructions to Bidders and the provisions of Chapter 33, Public Laws of

1977, State of New Jersey, N. J. S. A. 52:25-24.1, the undersigned hereby certifies the following

Stockholder or Partnership information as complete and accurate:

Stockholders or Partners Owning 10% or More of the Company Submitting Bid

Name of Stockholder/Partner Address

Name of Stockholder/Partner Address

Name of Stockholder/Partner Address

Name of Stockholder/Partner Address

Use other side for other stockholders/partners.

No individual stockholder or partner owns ten percent (10%) or more of this corporation

or partnership.

Name of Contractor Address

By:

(Print Name and Official Title)

Signature:

State of }

} SS

County of }

before me this day of , 20

Notary Public

THIS FORM MUST BE COMPLETED, SIGNED, AND SUBMITTED WITH BID.

Vendor Questionnaire/Certification

Name of Company _____________________________________________________________

Street Address ________________________________________ PO Box ________________

City, State, Zip ________________________________________________________________

Business Phone Number (____)_________________________ Ext. ___________________

Emergency Phone Number (_____)______________________________________________

FAX No. (____)________________________ E-Mail _________________________________

Years in Business Number of Employees __________________

References – Work previously done for School Systems in New Jersey

Name of District Address Contact Person/Title Phone

1.

2.

3.

Vendor Certification

Direct/Indirect Interests

I declare and certify that no member of the Mullica Township Board of

Education, nor any officer or employee or person whose salary is payable in whole or in part by said Board of Education or their immediate family members

are directly or indirectly interested in this bid or in the supplies, materials, equipment, work or services to which it relates, or in any portion of profits thereof. If a situation so exists where a Board member, employee, officer of the

board has an interest in the bid, etc., then please attach a letter of explanation to this document, duly signed by the president of the firm or company.

Gifts; Gratuities; Compensation

I declare and certify that no person from my firm, business, corporation,

association or partnership offered or paid any fee, commission or compensation, or offered any gift, gratuity or other thing of value to any school official, board member or employee of the Mullica Township Board of

Education.

Vendor Contributions

I declare and certify that I fully understand N.J.A.C. 6A:23A-6.3(a)(1)-(4) concerning vendor contributions to school board members.

I certify that I am not an official or employee of the Mullica Township Board of

Education.

I further certify that I understand that it is a crime in the second degree in New Jersey to knowingly make a material representation that is false in connection with the negotiation, award or performance of a government contract.

President or Authorized Agent

EXHIBIT B

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

CONSTRUCTION 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 take affirmative action to ensure that such applicants are recruited and

employed, 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 action 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, where applicable, will send to each labor union or representative

of workers with which it has a collective bargaining agreement or other contract or

understanding, 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 applicable employment goal prescribed by N.J.A.C. l7:27-7.3; provided,

however, that the Division 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 Division is satisfied that the contractor or subcontractor is employing workers

provided by a union which provides evidence, in accordance with standards prescribed by the

Division, that its percentage of active "card carrying" members who are minority and women

workers is equal to or greater than the applicable employment goal established in accordance

with N.J.A.C. l7:27-7.3. 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 attempt to hire or schedule minority and women workers directly,

consistent with the applicable employment goal. If the contractor's or subcontractor's prior

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 the applicable employment goal, the contractor or

subcontractor agrees to be prepared to hire or schedule minority and women workers directly,

consistent with the applicable employment goal, 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 or is so notified by the Division that the union is not

referring minority and women workers consistent with the applicable employment goal.

(B) If the hiring or scheduling of a workforce consistent with the employment goal has not

or cannot be achieved 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 consistent

with the applicable county employment goals:

(l) To notify the public agency compliance officer, the Division, 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 until such time as the workforce is

consistent with the employment goal;

(5) If it is necessary to lay off some of the workers in a given trade on the construction site, to

assure, consistent with the applicable State and Federal statutes and court decisions, that

sufficient minority and women employees remain on the site consistent with the employment

goal; and to employ any minority and women workers laid off by the contractor on any other

construction site on which its workforce composition is not consistent with an employment goal

established pursuant to rules implementing N.J.S.A. 10:5-31 et. seq.;

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

referred to the contractor or subcontractor:

(i) 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 determine the qualifications of such individuals and if

the contractor's or subcontractor's workforce in each construction trade is not consistent with the

applicable employment goal, it shall hire or schedule those individuals who satisfy appropriate

qualification standards. 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

Division. 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.

(ii) If the contractor's or subcontractor's workforce is consistent with the applicable employment

goal, the name of any interested women or minority individual shall be maintained on a waiting

list for the first consideration, in the event the contractor's or subcontractor's workforce is no

longer consistent with the applicable employment goal.

(iii) 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 Division.

(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 Division and submitted promptly

to the Division 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 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 theDivision an initial project workforce

report (Form AA 201) provided to the public agency by the Division 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 Division of Contract Compliance & EEO as may be requested by the Division 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 Contract Compliance & EEO for

conducting a compliance investigation pursuant to Subchapter l0 of the Administrative Code

(NJAC 17:27).