BOROUGH OF TOTOWA NOTICE AND SOLICITATION OF PROPOSAL FOR ENVIRONMENTAL PRELIMINARY ASSESSMENT

Transcription

1 BOROUGH OF TOTOWA NOTICE AND SOLICITATION OF PROPOSAL FOR ENVIRONMENTAL PRELIMINARY ASSESSMENT The Borough of Totowa is soliciting proposals from individuals and/or firms licensed in the State of New Jersey to provide Environmental Preliminary Assessment Services relating to the federally funded Community Development Block Grant Disaster Recovery program. The proposals will be received and publicly opened at the Borough of Totowa Municipal Complex, 537 Totowa Road at Cherba Place, Totowa, New Jersey on Tuesday, September 15, 2015, at 10:00 a.m., prevailing time, or as soon thereafter as may be possible. No bid shall be received in person or by mail after the designated time. Copies of the specifications and contract documents for the proposed work are on file and open to public inspection or may be obtained at the office of the Municipal Clerk of the Borough of Totowa, Municipal Complex, 537 Totowa Road at Cherba Place, Totowa, New Jersey 07512, Monday through Friday, excluding legal holidays, between the hours of 9:00 a.m. and 4:30 p.m. Specifications are also available on the internet at Each proposal must be enclosed in a sealed envelope, bearing the name and address of the Proposer and shall be addressed to Joseph Wassel, RMC, Borough of Totowa Municipal Clerk, Municipal Complex, 537 Totowa Road at Cherba Place, Totowa, New Jersey and delivered at the place and hour mentioned above. Envelope or Package must be clearly endorsed, ENVIRONMENTAL PRELIMINARY ASSESSMENT. 1. Proposer must be registered with the State of New Jersey at time of the award of contract. Bidders will be required to present a copy of their Business Registration Certificate (BRC). 2. Proposer must provide their Ownership Disclosure Certification with bid proposal, failure to provide the same is a non-waivable defect. 3. Proposers are required to comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C.17:27. Services include the preparation of a preliminary assessment for approximately four (4) to five (5) properties that were impacted by Hurricane Irene. The Borough of Totowa reserves the right to consider the proposal for sixty (60) days after receipt thereof, and further reserves the right to reject any and all proposals, waive informalities and make such awards or take action as may be in the best interest of the Borough of Totowa. The Borough of Totowa is an Equal Opportunity Employer. Minority and women owned businesses, and Section 3 business owners are encouraged to submit proposals. Financial assistance for this activity is made possible by a grant in the amount of $11,854,865 from the New Jersey Department of Community Affairs, Division of Community Resources, New Jersey Community Development Block Grant Disaster Recovery Program, Chris Christie, Governor, State of New Jersey, Kim Guadagno, Lt. Governor, Charles A. Richman, Commissioner, New Jersey 1

2 Department of Community Affairs. Funding for the State s CDBG - DR Program was provided by a grant from the United States Department of Housing and Urban Development, State Community Development Block Grant Program. Joseph Wassel, RMC Borough of Totowa Municipal Clerk 2

3 REQUEST FOR PROPOSAL RFP FOR ENVIRONMENTAL PRELIMINARY ASSESSMENT SERVICES CDBG DR, FEMA HMGP and NJDEP Green Acres Programs BACKGROUND The Borough of Totowa is seeking the services of an Environmental Engineer to provide the required preliminary assessment for approximately four (4) to five (5) properties that the Borough of Totowa intends to acquire and demolish. These are properties impacted by Hurricane Irene. A Preliminary Assessment is the process of collecting and reviewing available information to identify any potentially contaminated areas of concern on a property. The performance of a Preliminary Assessment at a property will help minimize public liability for site cleanup costs and help ensure that any lands acquired or developed with public funds can be utilized for recreation without risk to public health. This contract is for the assessment and report only. In compliance with Procurement Standards included in 24 CFR Part 85 Administrative Requirements for Grants and Cooperation Agreement to State and Local Governments, the Borough desires to retain a professional who will be required to perform the Preliminary Assessments. The Preliminary Assessment must be done in accordance with the Technical Requirements for Site Remediation (TRSR), N.J.A.C. 7:26E-3 and shall identify all areas of concern at a property. Pursuant to the TRSR, an area of concern is defined as any location where any hazardous substance, hazardous waste, or pollutant is known or suspected to have been discharged, generated, manufactured, refined, transported, stored, handled, treated, or disposed, or where any hazardous substance, hazardous waste, or pollutant has or may have migrated After the Preliminary Assessment has been performed, a Preliminary Assessment Report shall be prepared in accordance with the TRSR and submitted to the Borough of Totowa who will submit same to CDBG DR, along with the optional Preliminary Assessment Checklist. The PAR must follow NJDEP 's January 2012 Preliminary Assessment Technical Guidance document available at 3

4 Required by Totowa NOTICE TO PROPOSERS PROPOSER FINAL CHECK SHEET ENVIRONMENTAL PRELIMINARY ASSESSMENT Item Legal Notice READ 1 Page Proposers Information Sheet COMPLETE 13 Business Registration Certificate PL 2004, c.57 - SUBMIT 14 Insurance Certificates 16 Mandatory Equal Employment Opportunity Language Exhibit A - READ Affirmative Action Language Acknowledgement Form - SIGN 18 Ownership Disclosure Certification Form - PL 1977 Charter 33 SIGN AND NOTARIZE Non-Collusion Affidavit Form - SIGN AND NOTARIZE 23 Acknowledgement of Principal SIGN AND NOTARIZE 25 Americans with Disabilities Act of 1990 Language - READ 27 Section 3 Complete survey form 29 Addenda Acknowledgement Form (if applicable) SIGN 30 Technical Specifications - READ Federal Requirements SIGN Proposal Form COMPLETE, SIGN, AND SEAL Initial each entry, and submit the required form if the box contains an 4

5 INSTRUCTIONS TO PROPOSERS AND STATUTORY REQUIREMENTS I. SUBMISSION OF PROPOSALS A. Proposals shall be received by the Borough of Totowa, hereinafter referred to as municipality, in accordance with public advertisement as required by law, with a copy of said Legal Notice being attached hereto and made a part of these specifications. B. Sealed proposals will be received by the Borough of Totowa as stated in the Legal Notice, and at such time and place will be publicly opened and read aloud. C. The proposal shall be submitted in a sealed envelope: (1) addressed to the municipality, (2) bearing the name and address of the proposer written on the face of the envelope, and (3) clearly marked " Proposal for Environmental Preliminary Assessment Services. D. It is the proposer sresponsibility that proposals are presented to the municipality at the time and at the place designated. Proposals may be hand delivered or mailed; however, the municipality disclaims any responsibility for proposals forwarded by regular or overnight mail. If the proposals is sent by express mail service, the designation in sub-section C, above, must also appear on the outside of the express mail envelope. Proposals received after the designated time and date will be returned unopened. E. Proposals forwarded to the municipality before the time of opening of proposals may be withdrawn upon written application of the proposer who shall be required to produce evidence showing that the individual is or represents the principal or principals involved in the proposal. Once proposals have been opened, they shall remain firm for a period of sixty (60) calendar days. F. All prices and amounts must be written in ink or preferably machine-printed. Proposals containing any conditions, omissions, unexplained erasures or alterations, items not called for in the proposal form, attachment of additive information not required by the specifications, or irregularities of any kind, may be rejected by the municipality. Any changes, whiteouts, strikeouts, etc. in the proposal must be initialed in ink by the person signing the proposal. G. Each proposal must be submitted upon the proposal form included in these documents complete with the full business address, business phone, fax, if available, Employer Tax Identification number, DUNS number, the contact person of the proposer, and be signed by an authorized representative as follows: Proposals by partnerships must furnish the full name of all partners and must be signed in the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and designation of the person signing. Proposals by corporations must be signed in the legal name of the corporation, followed by the name of the State in which incorporated and must contain the signature and 5

6 designation of the president, secretary or other person authorized to bind the corporation in the matter. Proposals by sole-proprietorship shall be signed by the proprietor. When requested, satisfactory evidence of the authority of the officer signing shall be furnished. H. Proposers should be aware of the following statutes that represent Truth in Contracting laws: N.J.S.A. 2C:21-34, et seq. governs false claims and representations by proposers. It is a serious crime for the proposer to knowingly submit a false claim and/or knowingly make material misrepresentation. N.J.S.A. 2C:27-10 provides that a person commits a crime if said person offers a benefit to a public servant for an official act performed or to be performed by a public servant, which is a violation of official duty. N.J.S.A. 2C:27-11 provides that a proposer commits a crime if said person, directly or indirectly, confers or agrees to confer any benefit not allowed by law to a public servant. Proposers should consult the statutes or legal counsel for further information. 6

7 II. INTERPRETATION, ADDENDA AND DISCREPANCIES A. The proposer understands and agrees that its proposal is submitted on the basis of the specifications prepared by the municipality. The proposer accepts the obligation to become familiar with these specifications. B. Proposers are expected to examine the proposal documents with care and observe all the requirements. Ambiguities, errors or omissions noted by proposers should be promptly reported in writing to the appropriate official. Any prospective proposer who wishes to challenge a proposal specification shall file such challenges in writing with the contracting agent no less than three business days prior to the opening of the proposals. Challenges filed after that time shall be considered void and having no impact on the contracting unit or the award of a contract pursuant to N.J.S.A. 40A: In the event the proposer fails to notify the municipality of such ambiguities, errors or omissions, the proposer shall be bound by the requirements of the specifications and the proposer s submitted proposals. C. No oral interpretation and or clarification of the meaning of the specifications for any goods and services will be made to any proposer. Such request shall be in writing, addressed to the Director of Purchasing, or as otherwise stipulated in the specification. In order to be given consideration, a written request must be received at least ten (10) business days (Saturday, Sunday and holidays excluded), prior to the date fixed for the opening of the proposal for goods and services. All interpretations, clarifications and any supplemental instructions will be in the form of written addenda to the specifications, and will be distributed to all prospective proposers. All addenda so issued shall become part of the specification and proposal documents, and shall be acknowledged by the proposers in the proposal. The municipality s interpretations or corrections thereof shall be final. When issuing addenda, the municipality shall provide required seven days notice prior to the official receipt of proposals to any person who has submitted a proposal or who has received a proposal package pursuant to N.J.S.A. 40A:11-23c.1. D. Discrepancies in Proposals 1. If the amount shown in words and its equivalent in figures do not agree, the written words shall be binding. Ditto marks are not considered writing or printing and shall not be used. 2. In the event that there is a discrepancy between the unit prices and the extended totals, the unit prices shall prevail. In the event there is an error of the summation of the extended totals, the computation by the municipality of the extended totals shall govern. 7

8 III. INSURANCE AND INDEMNIFICATION The insurance documents shall include but are not limited to the following coverage: Liabilities 1.1 The contractor shall take out and maintain during the life of this contract, at his own expense, such public liability insurance for bodily injury and property damage, and municipality s and contractor's protective insurance and automobile insurance as shall protect himself, the municipality and any subcontractor performing work covered by this contract, from claims for personal injury, including wrongful death, as well as from claims for property damage which may arise from operations under this contract, whether such operations be by himself or by a subcontractor or by anyone directly or indirectly employed by either of them. 1.2 Indemnification - the contractor shall assume all risk of and responsibility for, and agrees to indemnify, defend and save harmless the municipality and its employees from and against any and all claims, demands, suits, actions, recoveries, judgments and costs and expenses in connection therewith on account of the loss of life, property, or injury or damage to the person, body or property of any person or persons whatsoever, which shall arise from or result directly or indirectly from the work and/or materials supplies under this contract. This indemnification obligation is not limited by, but is in addition to, the insurance obligations contained in this agreement. 1.3 Insurance -the successful proposer shall secure and maintain in force for the term of the contract, liability insurance as provided herein. The successful proposer shall provide the municipality with current certificates of insurance for all coverages and renewals thereof which must contain the provision that the insurance provided in the certificate shall not be canceled for any reason except after thirty days written notice to the municipality s legal department. The insurance to be provided shall be as follows: A. Commercial general liability insurance shall provide not less than $1,000,000 per occurrence / $2,000,000 aggregate bodily injury and property damage, under simplified form of coverage. B. Commercial automobile liability insurance shall provide coverage for claims arising from owned, hired, or non-owned vehicles with a combined single limit of not less than $1,000,000 per occurrence for bodily injury and property damage. C. Worker's compensation insurance, pursuant to N.J.S.A. 34:15-1 et.seq. and N.J.A.C. 12: and employers liability insurance, should cover all employees of the general contractor. Subcontractors should provide certificates of insurance to the general contractor. Employer s liability should be no less than $1, (one million dollars). D. Other forms of insurance 8

9 1.4 Endorsement - the contractor shall add the municipality as a named insured upon all insurance certificates. 1.5 Certificates of insurance attesting to the type of coverage and limits liability shall be required prior to the execution of this contract by the municipality. Such coverage shall be with an insurance company authorized to do business in the State of New Jersey. IV. STATUTORY AND OTHER REQUIREMENTS The following are mandatory requirements of this proposal and contract. A. MANDATORY AFFIRMATIVE ACTION CERTIFICATION No firm may be issued a contract unless it complies with the affirmative action provisions of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1 et seq. The following information summarizes the full, required regulatory text, which is included as Appendix A (Goods and Services) of this RFP. 1. Goods and Services (including professional services) Contracts Each contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents: i. A photocopy of a valid letter that the contractor is operating under an existing Federally approved or sanctioned affirmative action program (good for one year from the date of the letter); or ii. A photocopy of a Certificate of Employee Information Report approval, issued in accordance with N.J.A.C. 17:27-4; or iii. A photocopy of an Employee Information Report (Form AA 302) 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. B. AMERICANS WITH DISABILITIES ACT OF 1990 Discrimination on the basis of disability in contracting for the purchase of goods and services is prohibited. Proposers are required to read Americans with Disabilities language that is included as Appendix B of this specification and agree that the provisions of Title II of the Act are made a part of the contract. The contractor is obligated to comply with the Act and to hold the municipality harmless. 9

10 C. STOCKHOLDER DISCLOSURE N.J.S.A. 52: provides that no corporation or partnership shall be awarded any contract for the performance of any work or the furnishing of any goods and services, unless, prior to the receipt of the RFP or accompanying the proposal of said corporation or partnership. Proposers shall submit a statement setting forth the names and addresses of all stockholders in the corporation or partnership who own ten percent or more of its stock of any class, or of all individual partners in the partnership who own a ten percent or greater interest therein. The included Statement of Ownership shall be completed and attached to the proposal. This requirement applies to all forms of corporations and partnerships, including, but not limited to, limited partnerships, limited liability corporations, limited liability partnerships and Subchapter S corporations. Failure to submit a stockholder disclosure document shall result in rejection of the response. D. PROOF OF BUSINESS REGISTRATION 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; 2) prior to receipt of final payment from a contracting agency, the contractor must submit to the contracting agency an accurate list of all subcontractors or attest that none was used; 3) during the term of this contract, the contractor and its affiliates shall collect and remit, and shall notify all subcontractors and their affiliates that they must collect and remit to the Director, 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) 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 and suppliers to submit proof of business registration to the contractor; 2) Prior to receipt of final payment from a contracting agency, a contractor must submit to the contacting agency an accurate list of all subcontractors or attest that none was used; 3) During the term of this contract, the contractor and its affiliates shall collect and remit, and shall notify all subcontractors and their affiliates that they must collect and remit to the Director, 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. 10

11 4) 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) E. NEW JERSEY WORKER AND COMMUNITY RIGHT TO KNOW ACT The manufacturer or supplier of chemical substances or mixtures shall label them in accordance with the N.J. Worker and Community Right to Know Law (N.J.S.A. 34:5a-32 et seq., and N.J.A.C 5:89-5 et seq.,). Containers that the law and rules require to be labeled shall show the Chemical Abstracts Service number of all the components and the chemical name. Further, all applicable Material Safety Data Sheets (MSDS) - hazardous substance fact sheet - must be furnished. F. NON-COLLUSION AFFIDAVIT The Affidavit shall be properly executed and must be submitted with the proposal. V. AWARD OF CONTRACT A. All contract awards shall be subject to rules concerning certification of availability of funds adopted pursuant to section 3 of P.L.1971, c.198 (C.40A:11-3) and section 15 of P.L.1971, c.198 (C.40A:11-15). B. The contract shall be awarded to the firm based on the lowest responsible bidder to the RFP. C. The form of contract shall be submitted by the municipality to the successful proposer. Terms of the RFP prevail. Proposers exceptions must be formally accepted by the municipality. D. Executed contract shall be returned within ten (10) days to the municipal Legal Department along with Certificate of Insurance and Performance Bond in the amounts required by these specifications. VI. CAUSES FOR REJECTING PROPOSALS Proposal may be rejected for any of the following reasons: 11

12 A. All proposals pursuant to N.J.S.A. 40A: ; B. If more than one proposal is received from an individual, firm or partnership, corporation or association under the same name; C. Multiple proposals from an agent representing competing proposers; D. The proposal is inappropriately unbalanced; nd_avoiding_disputes_relating_to_them.pdf The Proposer is determined to possess, pursuant to N.J.S.A. 40A:11-4b, Prior Negative Experience; or, E. If the successful proposer fails to enter into a contract within 21 days, Sundays and holidays excepted, or as otherwise agreed upon by the parties to the contract. In this case at its option, the municipality may accept the proposal of the next lowest bidder. F. Contractor is debarred from either state of federal contracting. VII. TERMINATION OF CONTRACT A. If, through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations under the contract or if the contractor shall violate any of the requirements of the contract, the municipality shall there upon have the right to terminate the contract by giving written notice to the contractor of such termination and specifying the effective date of termination. Such termination shall relieve the municipality of any obligation for balances to the contractor of any sum or sums set forth in the contract. The Municipality will pay only for goods and services accepted prior to termination. B. Notwithstanding the above, the contractor shall not be relieved of liability to the municipality for damages sustained by the municipality by virtue of any breach of the contract by the contractor and the municipality may withhold any payments to the contractor for the purpose of compensation until such time as the exact amount of the damage due the municipality from the contractor is determined. C. The contractor agrees to indemnify and hold the municipality harmless from any liability to subcontractors/suppliers concerning payment for work performed or goods supplied arising out of the lawful termination of the contract by the municipality under this provision. D. In case of default by the contractor, the municipality may procure the goods or services from other sources and hold the contractor responsible for any excess cost. E. Continuation of the terms of the contract beyond the fiscal year is contingent on availability of funds in the following year's budget. In the event of unavailability of such funds, the municipality reserves the right to cancel the contract. 12

13 F. ACQUISITION, MERGER, SALE AND/OR TRANSFER OF BUSINESS, ETC. It is understood by all parties that if, during the life of the contract, the contractor disposes of his/her business concern by acquisition, merger, sale and or/transfer or by any means convey his/her interest(s) to another party, all obligations are transferred to that new party. In this event, the new parties will be required to submit all documentation/legal instruments that were required in the original RFP/contract. Any change and the transfer of obligations must be approved by the municipality. G. The contractor will not assign any interest in the contract and shall not transfer any interest in the same without the prior written consent of the municipality. H. The municipality may terminate the contract for convenience by providing 60 calendar days advanced notice to the contractor. VIII. PAYMENT A. PROMPT PAYMENT OF CONTRACTS The Environmental consultant shall be paid according to the guidelines set forth in NJSA 2A:30A-1 et seq. provided: 1. The Environmental consultant has performed in accordance with the contract; and 2. The work has been approved and certified by the Designated Project Manager, hereafter referred to as DPM, who shall be named in the technical specifications herein, and 3. That a written statement identifying any discrepancies in the work has not been sent by the municipality to the contractor explaining any amount withheld and the reason for withholding payment. 4. If any or all of the work associated with this bill is disputed, the portion of work which is not being questioned shall be paid in accordance with NJSA 2A:30A-1 et seq. A written explanation of any discrepancies shall be sent to the contractor no more than twenty days from the billing date. If the foregoing conditions have been met, the municipality shall pay the bill not more than thirty (30) calendar days after the billing date, or after the next Council Meeting date, whichever is less. B. REQUEST FOR PAYMENT NOTIFICATION When mailing or hand-delivering a Request for Payment, envelopes shall be clearly marked Request for Payment and sent directly to the DPM. If an outside Consultant or Engineer has been contracted by the municipality for Construction Observation or Work Inspection, the contractor shall also submit a copy of the request for payment to the Consultant. 13

14 IX. E.L.E.C. NOTICE Regarding Pay-to-Play disclosure of contributions by business entities Summary pay-to-play prohibition on business entity contributions (N.J.S.A. 19:44a-20.3 through 20.25): Contributions by business entities that have or are seeking New Jersey or local government contracts, the Pay-To-Play disclosure law requires that prior to entering a contract with a governmental entity of more than $17,500 that is not publicly advertised, a business entity must disclose to that governmental entity certain contributions made during the past year. Further, a business entity that has received $50,000 or more through government contracts in a calendar year must file an annual disclosure statement electronically with the commission to report contract information and reportable contributions it has made. The due date for the first annual disclosure report for calendar year 2006 is September 28, For each subsequent calendar year the proposed due date is March 30th. The business entity annual statement form and instructions can be found at the following web address: 14

15 PROPOSERS INFORMATION SHEET Please fill in the following information and submit with your proposal: COMPANY NAME: ADDRESS: TELEPHONE NUMBER: FAX NUMBER: FEDERAL I.D. NUMBER: DUNS NUMBER NAME OF PERSON PREPARING PROPOSAL: TELEPHONE NUMBER: EXT. CONTACT PERSON FOR CORRESPONDENCE REGARDING THE PROPOSAL NAME: ADDRESS: TELEPHONE: FAX NUMBER: ADDRESS: PROJECT COORDINATOR COMPANY NAME: ADDRESS: TELEPHONE NUMBER: CELL PHONE NUMBER: FAX NUMBER: 15

16 PERSON TO CONTACT: ADDRESS: AS A PROFESSIONAL COURTESY, PLEASE PLACE HERE A PHOTOCOPY OF NEW JERSEY BUSINESS REGISTRATION CERTIFICATE 16

17 INSERT INSURANCE INFORMATION HERE 17

18 (REVISED 4/10) EXHIBIT A MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127) & N.J.A.C. 17:27 GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS During the performance of this contract, the contractor agrees as follows: The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause. The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union of the contractor's commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act. The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with N.J.A.C. l7: The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, and labor unions, that it does not discriminate on the basis of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices. The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of jobrelated testing, as established by the statutes 16

19 and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions. In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions. The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents: Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Division s website at The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase & Property, CCAU, EEO Monitoring Program as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of Purchase & Property, CCAU, EEO Monitoring Program for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C. 17:27. 17

20 AFFIRMATIVE ACTION COMPLIANCE NOTICE N.J.S.A. 10:5-31 et seq. and N.J.A.C.17:27 GOODS AND SERVICES CONTRACTS (INCLUDING PROFESSIONAL SERVICES) This form is a summary of the successful proposer s requirement to comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C.17:27. The successful proposer shall submit to the public agency, 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 contractor is operating under an existing Federally approved or sanctioned affirmative action program (good for one year from the date of the letter); Sample of Certificate OR (b) A photocopy of a Certificate of Employee Information Report approval, issued in accordance with N.J.A.C. 17:27-4; OR (c) A photocopy of 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. The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) from the contracting unit during normal business hours. The successful vendor(s) must submit the copies of the AA302 Report to the Division of Contract Compliance and Equal Employment Opportunity in Public Contracts (Division). The Public Agency copy is submitted to the public agency, 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 et seq. and N.J.A.C.17:27 and agrees to furnish the required forms of evidence. The undersigned vendor further understands that his/her prposal shall be rejected as non-responsive if said contractor fails to comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C.17:27. COMPANY: PRINT NAME: SIGNATURE: TITLE: DATE: 18

21 PLACE CERTIFICATE OF EMPLOYEE INFORMATION REPORT OR AFFIRMATIVE ACTION (Form AA302) EMPLOYEE INFORMATION REPORT HERE 19

22 OWNERSHIP DISCLOSURE CERTIFICATION This Statement Shall Be Included with Proposal Submission Name of Business: I certify that the list below contains the names and home addresses of all shareholders holding 10% or more of any ownership interest of the undersigned. OR I certify that no one individual holds 10% or more of the ownership interest of the undersigned. Check the box that represents the type of business organization: Partnership Corporation Sole Proprietorship Limited Partnership Limited Liability Corporation Limited Liability Partnership Subchapter S Corporation Check the box that represents the type of business certification, if applicable: MBE WBE Section 3 Company Sign and notarize the form below, and, if necessary, complete the stockholder list below. Shareholders: Name: Home Address: Name: Home Address: Name: Home Address: Name: Home Address: 20

23 Subscribed and sworn before me this day of 2. Notary Public Affiant Print name & Title of affiant My Commission Expires: (Notary Seal) (Corporate Seal) DISCLOSURE STATEMENT 21

24 By submission of this proposal, the vendor certifies that no employee, or elected official of Passaic County nor the Borough of Totowa is employed by or has any ownership interest in the firm submitting this proposal. Signature Date 22

25 NON-COLLUSION AFFIDAVIT STATE OF ) ) SS: COUNTY OF ) I, residing in (name of affiant) (name of municipality) in the County of and State of of full age, being duly sworn according to law on my oath depose and say that: I am of the firm of (title or position) (name of firm) the proposer making this Proposal entitled Environmental Preliminary Assessment Services, and that I executed the said proposal with full authority to do so that said proposer 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 Borough of Totowa relies upon the truth of the statements contained in said Proposal and in the statements contained in this affidavit in awarding the contract for the 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 commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by. Subscribed and sworn to before me this day of, 2 Notary Public My Commission Expires (Notary Seal) Signature Type or Print name 23

26 ACKNOWLEDGEMENT OF PRINCIPAL STATE OF COUNTY OF SS: IF A CORPORATION BE IT REMEMBERED, that on this day of in the year, AND before me, the subscriber, a Notary Public of the State of personally appeared who, being by me duty sworn on h oath, doth depose and make proof to my satisfaction the he is the Secretary or Assistant Secretary of, the Corporation named in the within Instrument; that is the President of said Corporation; that the execution, as well as the making of this Instrument has been duly authorized by a proper resolution of the Board of Directors of said Corporation; that deponent well knows the corporation seal of said Corporation; and the seal affixed to said Instrument is such Corporation seal and was thereto affixed and said Instrument signed and delivered by said President, as and for (his/her) h voluntary act and deed and as and for the voluntary act and deed of said Corporation; in presence of deponent, who thereupon subscribed (his/her) h name thereto as witness. IF A PARTNERSHIP Signature of Secretary or Signature of Assistant Secretary Sworn to and subscribed before me, a Notary Public in the State of. On this day of, 20, before me personally came and known to me to be one of the members of the firm of described in and who executed the foregoing instrument, and he acknowledged to me that he executed the same as for the act and deed of said firm. Signature 24

27 IF AN INDIVIDUAL Sworn to and subscribed before me, a Notary Public in the State of. On this day of, 20 before me personally came known to me to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same, as for his voluntary act and deed. Subscribed and sworn to before me this day of, 2 Notary Public My Commission Expires (Notary Seal) Signature 25

28 AMERICANS WITH DISABILITIES ACT OF 1990 Equal Opportunity for Individuals with Disability The contractor and the Borough of Totowa (hereafter municipality ) do hereby agree that the provisions of Title 11 of the Americans With Disabilities Act of 1990 (the "Act") (42 U.S.C. S 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 municipality 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 municipality in any action or administrative proceeding commenced pursuant to this Act. The contractor shall indemnify, protect, and save harmless the municipality, 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 municipality s grievance procedure, the contractor agrees to abide by any decision of the municipality which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the municipality, or if the municipality 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 municipality 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 municipality or any of its agents, servants, and employees, the municipality shall expeditiously forward or have forwarded to the contractor every demand, complaint, notice, summons, pleading, or other process received by the municipality or its representatives. It is expressly agreed and understood that any approval by the municipality 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 municipality pursuant to this paragraph. It is further agreed and understood that the municipality 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 municipality from taking any other actions available to it under any other provisions of the Agreement or otherwise at law. 26

29 HUD SECTION 3 COMPLIANCE WHAT IS A SECTION 3 BUSINESS CONCERN? A Section 3 Business Concern is a business concern, as defined in this section, meets one of the following: 1. Is fifty-one percent (51%) or more owned by Section 3 residents; or 2. Whose permanent, full-time employees include persons, at least thirty percent (30%) of whom are currently Section 3 residents, or within three years of the date of first employment with the business concern were Section 3 residents; or 3. That provides evidence of a commitment to subcontract in excess of twenty-five percent (25%) of the dollar award of all subcontracts to be awarded to business concerns that meet the qualifications set forth in items (1) or (2) above. Note: A business concern seeking to qualify for Section 3 shall certify and submit evidence that the business meets one of the guidelines stated above. (Refer to Section 3 Business Concerns Certification) WHO IS A SECTION 3 RESIDENT? A Section 3 resident is: 1. A public housing resident residing in Passaic County; or 2. An individual who lives in Passaic County and whose income falls within the guidelines for low- or very low income. 27

30 SECTION 3 CERTIFICATION FOR BUSINESS CONCERNS AND DEMONSTRATION OF CAPABILITY Name of Business Phone: Address of Business FAX: Contact Person Type of Business: Corporation Partnership Sole Proprietorship Joint Venture Attached is the following documentation as evidence of status (Select one category, A, B or C): A. For a business claiming status as a Section 3 resident-owned enterprise: Copy of public housing resident lease Copy of receipt of public assistance(section 8) Copy of evidence of participation Income documentation with income under 80 of in Sec 8 rent assistance program median adjusted for family size B. For a business claiming Section 3 status by subcontracting 25 percent of the dollar awarded to qualified Section 3 business: List of subcontracted Section 3 business(es) and subcontract amount C. For a business claiming Section 3 status, claiming at least 30 percent of their workforce are currently Section 3 residents or were Section 3 eligible residents within 3 years of date of first employment with the business: List of all current full-time employees List of employees claiming Section 3 status Public Housing Residential lease less than Other evidence of Section 3 status less than 3 years from day of employment 3 years from date of employment All businesses will be required to submit the following as applicable: Copy of Articles of Incorporation Certificate of Good Standing Assumed Business Name Certificate Partnership Agreement List of owners/stockholders and Corporation Annual Report % ownership of each Latest Board minutes appointing officers Organization chart with names and titles Additional documentation and brief function statement Evidence of ability to perform successfully under the terms and conditions of the proposed contract: Current financial statement Statement of ability to comply with public policy List of owned equipment List of all contracts for the past two years (Corporate Seal) Authorizing Name Signature (Applicant) (Please print) Attested by: 28

31 ACKNOWLEDGMENT OF RECEIPT OF ADDENDA The undersigned Proposer hereby acknowledges receipt of the following Addenda: Addendum Number Dated Acknowledge Receipt (initial) No addenda were received. Acknowledged for: (Name of Proposer/Company) By: Name: (Signature of Authorized Representative) (Print or Type) Title: Date: 29

32 I. Scope Of Work The Borough of Totowa s Project Coordinator will provide, either by electronic means or paper hard copy, to the successful vendor a listing of approximately four (4) to five (5) properties during the term of the contract to provide preliminary environmental assessments on the selected properties. A Preliminary Assessment is the process of collecting and reviewing available information to identify any potentially contaminated areas of concern on a property. The performance of a Preliminary Assessment at a property will help minimize public liability for site cleanup costs and help ensure that any lands acquired or developed with public funds can be utilized for recreation without risk to public health. The Preliminary Assessment must be done in accordance with the Technical Requirements for Site Remediation (TRSR), N.J.A.C. 7:26E-3 and N.J.A.C. 7: (d)1 and shall identify all areas of concern at a property. Pursuant to the TRSR, an area of concern is defined as any location where any hazardous substance, hazardous waste, or pollutant is known or suspected to have been discharged, generated, manufactured, refined, transported, stored, handled, treated, or disposed, or where any hazardous substance, hazardous waste, or pollutant has or may have migrated. After the Preliminary Assessment has been performed, a Preliminary Assessment Report shall be prepared in accordance with the TRSR and submitted to the Green Acres Program, along with the optional Preliminary Assessment Checklist. The PAR must follow NJDEP 's January 2012 Preliminary Assessment Technical Guidance document available at Vendors shall list rates for this service, during normal working hours. This contract is for the assessment and report only. The contractor shall secure and pay for all required licenses/permits necessary for completion and execution of the work. The contractor shall perform all work in conformance with applicable codes and NJ DEP or EPA requirements whether or not covered herein by the specifications for the work. II. Safeguards during Survey A. General The temporary use of streets or public property for the storage or handling of materials or equipment required for the survey and the protection provided to the public shall comply with the provisions of this section. The vendor shall be responsible for the safety of all individuals and those performing work under this Contract and for any damages to the Owner's property that may occur as the result of negligent acts by him or his workers, and shall indemnify and Hold Harmless the Owner and the Borough of Totowa through insurance as stipulated in this bid. B. Allowable Use of Public Property during Survey The amount of space and conditions under which public property may be used for survey purposes 30