104-24 Exhibits-Economic Development Counsultant - 2024.pdf

c. The proprietor shall sign proposals by sole-proprietorship. III. INTERPRETATION AND ADDENDA 1. The vendor understands and agrees that its proposal is submitted based on the specifications prepared by the TOWNSHIP. The vendor accepts the obligation to become familiar with these specifications. 2. Vendors shall examine the specifications and related proposal documents with care and observe all their requirements. Ambiguities, errors, or omissions noted by vendors should be reported promptly in writing to the appropriate official. Any prospective vendor 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 will not be considered and having no impact on the contracting unit or the award of the contract pursuant to N.J.S.A. 40A:11-13. In the event the vendor fails to notify the TOWNSHIP of such ambiguities, errors, or omissions, the vendor will be bound by the requirements of the specifications and the vendor's submitted proposal. 3. No oral interpretation and or clarification of the meaning of the specifications for any goods and services will be made. Such request shall be in writing, addressed to the TOWNSHIP'S representative stipulated in the specification. In order to be given consideration, a written request must be received at least seven (7) business days prior to the date fixed for the opening of the proposal for goods and services. a. 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 vendors, in accordance with N.J.S.A. 40A:11- 23. All addenda so issued shall become part of the specification and proposal documents, and shall be acknowledged by the vendor in the proposal. The TOWNSHIP'S interpretations or corrections thereof shall be final. b. When issuing addenda, the TOWNSHIP shall provide required notice prior to the official receipt of proposals to any person who has submitted a proposal or who

When issuing addenda, the TOWNSHIP shall provide required 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. 4. Discrepancies in Proposals 7

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. In the event that there is a discrepancy between the unit prices and the extended totals, the unit prices shall prevail. In the event that there is an error of the summation of the extended totals, the computation by the TOWNSHIP of the extended totals shall govern. IV. INSURANCE AND INDEMNIFICATION 1. Insurances Both parties specifically agree to maintain adequate insurance coverage for the services in this Agreement. a) At all times during performance of the Services, Company shall secure and maintain in effect insurance to protect the Township and the Company from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract. Company shall provide and maintain in force insurance in limits no less than that stated below, as applicable. b) Commercial Liability Insurance. Before this Contract is fully executed by the parties, Company shall provide the Township with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage, and Three Million Dollars ($3,000,000.00) general aggregate. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The insurance shall be with an insurance company or companies rated A-VII or higher in Best’s. c) Professional Liability Insurance. Before this Contract is fully executed by the parties, Company shall provide the Township with a certificate of insurance as evidence of Professional Errors and Omissions Liability Insurance with coverage of at least Two Million Dollars ($2,000,000.00) per occurrence and an annual aggregate limit

ce of Professional Errors and Omissions Liability Insurance with coverage of at least Two Million Dollars ($2,000,000.00) per occurrence and an annual aggregate limit of at least Three Million Dollars ($3,000,000.00). The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. The insurance shall be with an insurance company or companies rated A-VII or higher in Best’s Guide. d) Township employees will not be covered under the Company’s workers compensation insurance. 2. Indemnification Successful vendor shall indemnify and hold harmless the TOWNSHIP from all claims, suits or actions and damages or costs of every name and description to which the TOWNSHIP may be 8

subjected or put by reason of injury to the person or property of another, or the property of the TOWNSHIP, resulting from negligent acts or omissions on the part of the vendor, the vendor's agents, servants or subcontractors in the delivery of goods and services, or in the performance of the work under the contract. V. STATUTORY AND OTHER REQUIREMENTS. The following are required requirements of this proposal and contract. 1. 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 Exhibit A of this proposal specification. 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: 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), 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 State of New Jersey, Division of Contract Compliance & Equal Employment Opportunity and distributed to the public agency to be completed by the contractor in accordance with N.J.A.C. 17:27-4. 3. Statement of Ownership Vendors shall submit a statement setting forth the names and addresses of all stockholders in the corporation or partnership who own ten (10) 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 Stockholder Disclosure shall be completed and attached to the bid. This requirement applies to all forms of corporations and partnerships, including, but not limited to, limited partnerships, limited liability

all be completed and attached to the bid. This requirement applies to all forms of corporations and partnerships, including, but not limited to, limited partnerships, limited liability 9

partnerships and Subchapter S corporations. Failure to submit a stockholder disclosure document shall result in rejection of the proposal. 4. Proof of Business Registration N.J.S.A. 52:32-44 requires that each vendor (contractor) submit proof of business registration with the proposal. Proof of registration shall be a copy of the vendor's Business Registration Certificate (BRC). A BRC is obtained from the State of New Jersey, Division of Revenue. Information on obtaining a BRC is available on the internet at: www.state.nj.us/treasury/revenue/gettingregistered.htm#busentity or call the Division of Revenue at (609) 292-1730. 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: a. The contractor shall provide written notice to its subcontractors and suppliers to submit proof of business registration to the contractor; b. 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; c. 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) 292-1730. 5. Non-Collusion Affidavit The Affidavit shall be properly executed and submitted with the proposal. 6. Disclosure of Investment Activities in Iran N.J.S.A. 52:32-55 prohibits State and local public contracts with persons or entities engaging in certain

executed and submitted with the proposal. 6. Disclosure of Investment Activities in Iran N.J.S.A. 52:32-55 prohibits State and local public contracts with persons or entities engaging in certain investment activities in energy or finance sectors of Iran. Bidders must indicate if 10

they comply with the law by certifying the form. Pursuant to N.J.S.A. 40A:11-2.1 the owner is required to notify the New Jersey Attorney General if it determines a false certification has been submitted. 7. Receipt of addenda form 8. Pay to Play Pay to Play Requirements Contractors are advised of the responsibility to file an annual disclosure statement on political contributions with the New Jersey Election Enforcement Commission, pursuant to N.J.S.A. 19:44- 20.13(P.L. 2005, c, 271, s.3), if the contractor receives contracts in excess of $50,000 in the aggregate from public entities during the calendar year. It is the contractor’s responsibility to determine if filing is necessary. Additional information on this requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us. VI. METHOD OF EVALUTION The Township will establish an evaluation committee to evaluate and score the proposals submitted by the vendors. Evaluation Criteria The contract will be awarded to the vendor that best meets the Township’s needs. The following criteria shall be used for evaluating the proposals under the Competitive Contracting process: The methodology for awarding of competitive contracts is based on an evaluation and ranking, which shall include technical, management, and cost related criteria. 1. Proven record of experience, including references, In providing the type of services requested. 2. Understanding of the services requested (including completeness and clarity of submission) and qualitative nature of the services proposed. 3. Personnel qualifications (i.e. resumes of key personnel who will be responsible for and assigned to the work) 4. Location of office and availability of personnel. 5. Availability of personnel and ability to provide services in a timely manner. 6. Cost of services (i.e. pricing structure). 11

BIDDER’S CHECK LIST Initial  Business Registration Certification ________ (required prior to award)  Statement of Ownership ________ (Mandatory)  Affirmative Action Compliance Notice ________  Investment in IRAN Disclosure ________ (mandatory)  Non-Collusion Affidavit ________  Proposal Form ________  Receipt of Addenda ________ (Mandatory)  Pay to Play ________ (required prior to award)  W-9 ________ Please provide one additional copy of your proposal which should be on an external storage device (example USB flash drive/or CD). 12