Township Council Meeting — Packet

January 2022 June 2017 STATE FUNDED PROJECT ATTACHMENT 3 REQUIREMENTS FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY ON WHOLLY STATE FUNDED PROJECTS A. Minority and Women Employment Goal Obligations. The Department has established, pursuant to N.J.A.C. 17:27-7.2, the minority and women goals for each construction contractor and subcontractor based on availability statistics as reported by the New Jersey Department of Labor, Division of Planning and Research, in its report, “EEO Tabulation - Detailed Occupations by Race/Hispanic Groups.” The goals for minority and women participation, in the covered area, expressed in percentage terms for the Contractor’s aggregate work force in each trade, on all construction work are: Minority and Women Employment Goal Obligations for Construction Contractors and Subcontractors on Wholly State Funded Projects Minority % Women % County Participation Participation Percent Percent Atlantic 18 6.9 Bergen 22 6.9 Burlington 15 6.9 Camden 19 6.9 Cape May 5 6.9 Cumberland 27 6.9 Essex 53 6.9 Gloucester 9 6.9 Hudson 60 6.9 Hunterdon 3 6.9 Mercer 30 6.9

6.9 Hunterdon 3 6.9 Mercer 30 6.9 Middlesex 24 6.9 Monmouth 15 6.9 Morris 16 6.9 Ocean 7 6.9 Passaic 36 6.9 Salem 10 6.9 Somerset 20 6.9 Sussex 4 6.9 Union 45 6.9 Warren 5 6.9 The NJ Department of Labor and Workforce Development, Construction EEO Monitoring Program has interpreted Section 7.2 of the State of New Jersey Affirmative Action Regulations as applicable to work hour goals for minority and women participation. State Funded Project Attachment 3 – Requirements for AA to Ensure EEO on Wholly State Funded Contracts Page 1 of 3

January 2022 June 2017 If a project is located in more than one county, the minority work hour goal will be determined by the county which serves as the primary source of hiring or, if workers are obtained equally from one or more counties, the single minority goal shall be the average of the individual goal for the affected counties. The NJ State Department of Labor and Workforce Development, Construction EEO Monitoring Program may designate a regional goal for minority membership for a union that has regional jurisdiction. No regional goals shall apply to this project unless specifically designated elsewhere herein. When hiring workers in the construction trade, the Contractor and/or subcontractor agree to attempt, in good faith, to employ minority and women workers in each construction trade, consistent with the applicable county or, in special cases, regional goals. It is understood that the goals are not quotas. If the Contractor or subcontractor has attempted, in good faith, to satisfy the applicable goals, they will have complied with their obligations under these EEO Special Provisions. It is further understood that if the Contractor shall fail to attain the goals applicable to this project, it will be the Contractor’s obligation to establish to the satisfaction of the Department that it has made a good faith effort to satisfy such goals. The Contractor or subcontractor agrees that a good faith effort to achieve the goals set forth in these special provisions shall include compliance with the following procedures: B. Requests for Referrals from Unions to Meet Contract Workforce Goals. Requests shall be made by the Contractor or subcontractor to each union or collective bargaining unit with which the Contractor or subcontractor has a referral agreement or arrangement for the referral of minority and women workers to fill job openings. Requests shall also be made for assurances for the referral of minority and women workers to fill job openings. Requests shall also be made for assurances from such unions or collective bargaining units that they will cooperate with the Contractor or subcontractor in fulfilling the Affirmative Action

Requests shall also be made for assurances from such unions or collective bargaining units that they will cooperate with the Contractor or subcontractor in fulfilling the Affirmative Action obligations of the Contractor or subcontractor under this contract. Such requests shall be made prior to the commencement of construction under the contract. 1. The Contractor and its subcontractors shall comply with Section I, Unions of these EEO Special Provisions and, in particular, with Section I, Paragraph D, if the referral process established in any collective bargaining arrangement is failing to provide the Contractor or subcontractor with a sufficient number of minority and women referrals. 2. The Contractor and its subcontractors shall notify the Department’s Compliance Officer, the NJ Department of Labor and Workforce Development, Construction EEO Monitoring Program and at least one approved minority referral organization of the Contractor’s or subcontractors work force needs and of the Contractor’s or subcontractor’s desire for assistance in attaining the goals set forth herein. The notifications should include a request for referral of minority and women workers. 3. The Contractor and its subcontractors shall notify the Department’s Compliance Officer and the NJ Department of Labor and Workforce Development, Construction EEO Monitoring Program in the event that a union or collective bargaining unit is not making sufficient minority and women referrals to enable the Contractor or subcontractor to attain the workforce goals for the Contract. 4. The Contractor and its subcontractors shall make standing requests to all local construction unions, the State’s training and employment service and other approved referral sources for additional referrals of minority and women workers until such time as the project workforce is consistent with the work hour goals for the Contract. C. In the event that it is necessary to lay off some of the workers in a given trade on the construction site, the Contractor and its subcontractors shall ensure that fair layoff practices are followed regarding minority, women and other workers. D. Comply with the other requirements of these

site, the Contractor and its subcontractors shall ensure that fair layoff practices are followed regarding minority, women and other workers. D. Comply with the other requirements of these EEO Special Provisions. E. Reporting Requirements. 1. Directly provide the NJ Department of Labor and Workforce Development, Office of Diversity Compliance, Construction Contract Compliance Unit with workforce data for the Contract. a. After notification of award, but prior to signing the Contract, submit to the Department and the Department of Labor and Workforce Development, Construction EEO Monitoring Program an AA-201 – Initial Project Workforce Report Construction form in accordance with State Funded Project Attachment 3 – Requirements for AA to Ensure EEO on Wholly State Funded Contracts Page 2 of 3

January 2022 June 2017 N.J.A.C. 17:27-7. Also, submit the information within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the Contract. This form is available online at the New Jersey Department of the Treasure’s website at: https://www.nj.gov/treasury/contract_compliance/documents/pdf/forms/aa202.pdf. Instructions for completing the form can be found online at: https://www.nj.gov/treasury/contract_compliance/documents/pdf/forms/aa201ins.pdf. b. Monthly, complete and submit an AA 202 - Monthly Project Workforce Report – Construction form for the duration of the Contract. This form may be completed: (1) Manually and mailed to the Department of Labor & Workforce Development, Construction & EEO Monitoring Program, P.O. Box 209, Trenton, NJ 08625-0209, or: (2) Input electronically directly onto the AA-202 form via the Department of the Treasury’s Premier Business Services Online Forms web application. Information about how to register and access the Premier Business Services web application can be found at: https://www.nj.gov/treasury/contract_compliance/documents/pdf/PBS-Introduction- Page.pdf. Follow all instructions to set up online access to the web application. (3) Submit a printed copy of the AA-202 form to the Department along with the hard copy of the CC-257R and confirmation e-mail of the successful submission of Monthly Employment Utilization Report. 2. Directly provide the Department with employment workforce data of the number and work hours of minority and non-minority group members and women employed in each work classification for the Contract. The Contractor, subcontractors, professional service firms and others working on the project must submit this information via a web-based application through the New Jersey portal, Vendor Workforce

contractors, professional service firms and others working on the project must submit this information via a web-based application through the New Jersey portal, Vendor Workforce Reporting Manager. Instructions on how to complete Form CC-257R are provided within the web application. Instructions for registering and receiving the authentication code to access the web based application can be found at the Contractor Manpower Project Reporting CC-257R website at: https://www.nj.gov/transportation/business/civilrights/pdf/CC257R.pdf. a. On a monthly basis, submit Form CC-257R through the web-based application within 10 days following the end of each reporting month. b. In addition to the above, submit a hard copy of the electronic Form CC-257R to the RE within 10 days following the end of each reporting month. c. Submit a copy of the confirmation e-mail of the successful submission of Monthly Employment Utilization Report to the RE within 10 days following the end of each reporting month. 3. All employment data must be accurate and consistent with certified payroll records. The Contractor is responsible for ensuring compliance with these reporting requirements. Failure of the Contractor, subcontractors, professional service firms and others working on the Contract to report monthly employment and wage data may result in payments being delayed or withheld as per 105.01, or impact the Contractor’s prequalification rating with the Department. State Funded Project Attachment 3 – Requirements for AA to Ensure EEO on Wholly State Funded Contracts Page 3 of 3

June 2017 STATE FUNDED PROJECT ATTACHMENT 4 INVESTIGATING, REPORTING AND RESOLVING EMPLOYMENT DISCRIMINATION AND SEXUAL HARASSMENT COMPLAINTS ON WHOLLY STATE FUNDED PROJECTS The Contractor hereby agrees to the following requirements in order to implement fully the nondiscrimination provisions of the Supplemental Specifications: The Contractor agrees that in instances when it receives from any person working on the project site a verbal or written complaint of employment discrimination, prohibited under N.J.S.A. 10:5-1 et seq. 10:2-1 et seq., 42 U.S.C. 2000 (d) et seq., 42 U.S.C. 2000(e) et seq. and Executive Order 11246, it shall take the following actions: A. Within one (1) working day commence an investigation of the complaint, which will include but not be limited to interviewing the complainant, the respondent, and all possible witnesses to the alleged act or acts of discrimination or sexual harassment. B. Prepare and keep for its use and file a detailed written investigation report which includes the following information: 1. Investigatory activities and findings. 2. Dates and parties involved and activities involved in resolving the complaint. 3. Resolution and corrective action taken if discrimination or sexual harassment is found to have taken place. 4. A signed copy of resolution of complaint by complainant and Contractor. (In addition to keeping in its files the above-noted detailed written investigative report, the Contractor shall keep for possible future review by the Department, all other records, including, but not limited to, interview memos and statements.) C. Upon the request of the Department, provides to the Department within ten (10) calendar days a copy of its detailed written investigative report and all other records on the complaint investigation and resolution. D. Take appropriate disciplinary actions against any Contractor employee, official or agent who has committed acts of discrimination or sexual harassment against any Contractor employee or person working on the project. If the person committing the discrimination is a subcontractor employee, then the Contractor is required to attempt to effectuate corrective and/or disciplinary action by the subcontractor in order to establish compliance

scrimination is a subcontractor employee, then the Contractor is required to attempt to effectuate corrective and/or disciplinary action by the subcontractor in order to establish compliance with the Contract. E. Take appropriate disciplinary action against any Contractor employee, official or agent who retaliates, coerces or intimidates any complainant and/or person who provides information or assistance to any investigation of complaints of discrimination or sexual harassment. If the person retaliating, coercing or intimidating a complainant or other person assisting in an investigation is a subcontractor’s employee, then the Contractor is required to attempt to effectuate corrective and/or disciplinary action taken by the subcontractor in order to establish compliance with the Contract. F. Ensure to the maximum extent possible that the privacy interests of all persons who give confidential information in aid of the Contractor’s employment discrimination investigation are protected. G. In conjunction with the above requirements, the Contractor herein agrees to develop and post a written sexual harassment policy for its workforce. H. The Contractor also agrees that its failure to comply with the above requirements may be cause for the Department to institute against the Contractor any and all enforcement proceedings and/or sanctions authorized by the Contract or by State and/or Federal law. State Funded Project Attachment 4 – Investigating, Reporting & Resolving Employment Discrimination & Sexual Harassment Complaints Page 1 of 1

June 2017 STATE FUNDED PROJECT ATTACHMENT 5 PAYROLL REQUIREMENTS FOR WHOLLY STATE FUNDED PROJECTS A. Payroll Reports. Each Contractor and subcontractor shall furnish the RE with payroll reports for each week of contract work. Such reports shall be submitted within 10 days of the date of payment covered thereby and shall contain the following information: 1. Each employee’s full name and address of each such employee. 2. The ethnicity and gender of each employee. 3. Each employee’s specific work classification (s). 4. Entries indicating each employee’s basis hourly wage rate(s) and, where applicable, the overtime hourly wage rate(s). Any fringe benefits paid to approved plans, funds or programs on behalf of the employee must be indicated. Any fringe benefits paid to the employee in cash must be indicated. 5. Each employee’s daily and weekly hours worked in each classification, including actual overtime hours worked (not adjusted). 6. Each employee’s gross wage. 7. The itemized deductions made. 8. The net wages paid. B. Statement of Wages. Each Contractor or subcontractor shall furnish a statement each week to the RE with respect to the wages paid each of its employees engaged in contract work covered by the New Jersey Prevailing Wage Act during the preceding weekly payroll period. The statement shall be executed by the Contractor or subcontractor or by an authorized officer or employee of the Contractor or subcontractors who supervises the payment of wages. Contractors and subcontractors must use the certification set forth on NJ Department of Labor Payroll Certification for Public Works Project (R-08-12-08), or any form with identical wording. C. Maintaining Records. Contractor and subcontractor shall maintain complete social security numbers and home address for employees. Government agencies are entitled to request or review all relevant payroll information, including social security numbers and addresses of employees. Contractors and subcontractors are required to provide such information upon request. D. Lack of Compliance. Failure of the Contractor or subcontractor to comply with the payroll requirements may result in payment being delayed or