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ClosedProfessional Services

General Instructions and Submission Criteria for Professional/Consulting Services

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Executive Summary

This document outlines the General Instructions and Submission Criteria for professional/consulting/extraordinary unspecifiable services sought by the City of Bayonne. It details the requirements for submitting proposals, including necessary forms such as the Proposal, Qualifications and Costs Submission Form, Non-Collusion Affidavit, Disclosure of Ownership, and NJ Business Registration Certificate. The document also specifies submission procedures, withdrawal policies, modification guidelines, and evaluation criteria, emphasizing compliance with state laws and regulations. Key considerations for award include expertise, experience, and price. The contract term is limited to twelve months with provisions for extension under specific circumstances.

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I- GENERAL INSTRUCTIONS: 
1.1 PUBLISHED NOTICE OF SOLICITATION IDENTIFIES THE “CLIENT/OWNER” 
AND 
THE 
PROFESSIONAL/CONSULTING/EXTRAORDINARY 
UNSPECIFIABLE 
(EUS) 
“SERVCE/TITLE” SOUGHT. The Client/Owner, is the public entity or local unit soliciting 
professional/consulting/EUS services (“Services”) by way of the “Notice of Solicitation for 
the Service/Title” provided with the “Solicitation Package” of which these “General 
Instructions and Submission Criteria” are a part.  Said “Notice of Solicitation” is referred to 
elsewhere in these instructions and throughout the solicitation package and submission 
documents as the “Notice of Solicitation,” and/or the “Specific Notice.” 
1.2 SUBMITTING PARTY SUBJECT TO CLIENT/OWNER’S REQUIREMENTS . The 
Services provider submitting a request to provide said Services for the client/owner 
(hereinafter referred to in the various submission documents as the “respondent”, 
“provider”, “contractor”, “submitting party”, “applicant”, “vendor”, “service provider” 
and/or “professional service provider”) owner shall be subject to the specific requirements 
of the above mentioned “Notice of Solicitation” as well as the requirements contained in 
these “General Instructions and Submission Criteria” as well as in the “General Contract 
Provisions”. The provider is charged with employing due diligence with respect to 
ascertaining and complying with these submission requirements and the fact that any 
Services entity is unfamiliar with or unaware of the details of these requirements will not 
be accepted as an excuse to waive them. 
1.3 COMPLETION OF SUBMISSIONS. Each submission must be provided by way of the 
Standardized Submission Documents which must be signed where indicated by a principal 
or other duly authorized representative of the Services entity submitting the proposal. Any 
additional sheets and attachments should be clearly referenced under the appropriate area 
of the Form Provided for Submission of “Proposal, Qualifications and Costs.” All prices and 
amounts must be written in ink or preferably typewritten. Each signatory to the 
submission must initial all erasures or corrections. 
The sealed responses should include an original and three (3) copies of the following 
submission documents: 
1. The “Proposal, Qualifications and Costs Submission Form” signed and dated by the 
provider and clearly referencing any additional sheets or attachments (such as a 
submission letter, provider service or experience description, and/or fee schedule). 
2. A signed and notarized “Non-Collusion Affidavit.” 
3. A signed Disclosure of Ownership form. 
4. A “Professional Service Entity Information Form” 
5. A copy of the vendor's current "NJ Business Registration Certificate." 
Information on this certificate can be obtained on the web at 
"http://www.state.nj.us/treasury/revenue/busregcert.htm". 
6. A copy of State of NJ, Department of the Treasury, Division of Revenue and Enterprise 
Services, Certificate of Good Standing. Information on this Certificate can be obtained on 
the web at  https://www.njportal.com/dor/businessrecords/ 
7.  A Disclosure of Investment Activities in Iran Form. 
8. Such other documents and materials as may be appropriate to show the qualifications 
and experience of the provider or to meet the requirements of this submission. 
1.4 Time of Submission. Each submission shall be contained in a sealed envelope addressed 
to the public entity or local unit of the City of Bayonne soliciting the Service at the return 
address shown in the Notice of Solicitation for the position sought as posted on the City of 
Bayonne’s website. The envelope shall specify the Title or Position for which the 
submission is provided. The submissions is to be clearly marked “Sealed Submission 
Enclosed” and must be delivered at the place and time required or mailed so as to be 


received at or prior to the time set in the “Notice of Solicitation” or any supplemental 
specific notice form the Client/Owner extending that deadline. 
1.5 ACTUAL DELIVERY REQUIRED. The Client/Owner will not be responsible for  
submissions forwarded through the U.S. Mail or any delivery service if lost in transit at any 
time before submission opening, or if hand-delivered to incorrect location. 
1.6 ADDITIONAL OR SUPPLEMENTAL MATERIALS. In addition to the required materials, 
the responding party may submit additional or supplemental materials to demonstrate 
their qualification or capacity to perform the Services listed or to illustrate other factors 
why hiring them to perform the service would be in the best interest of the Client/Owner. 
1.7 WITHDRAWING SUBMISSIONS. Submissions forwarded to the Law Director and/or his 
designated representative before the time of opening of submissions may be withdrawn 
upon written application of the services entity who shall be required to produce evidence 
showing that they are or they represents the principal or principals involved in the 
submission. Submissions may not be withdrawn within twenty-four (24) hours of the 
stipulated time of opening of submissions. Once submissions have been opened, they must 
remain firm for a period of sixty (60) days. 
1.8 MODIFICATIONS OF SUBMISSIONS. Any professional services entity may modify its 
submission by mail, courier or hand delivery at any time prior to the scheduled closing 
time 
for receipt of submissions. The Client/Owner, prior to the closing time, must receive such 
communication. The communication should not reveal the submission price but should 
provide the addition to or subtraction from or other modification so that the Client/Owner 
will not know the final price(s) or term(s) until the sealed submission is opened. 
1.9 MULTIPLE SUBMISSIONS. Entities and individuals may submit proposals for more 
than one title or position; however, more than one submission from an individual, a firm or 
partnership, a corporation or association of principals under the same or different names 
for 
the “same” title or position shall not be considered. 
1.10 UNBALANCED SUBMISSIONS. Submissions, which are obviously unbalanced, may 
be rejected at the option of the Client/Owner. 
1.11 FACSIMILE DOCUMENTS PROVIDED IN A SUBMISSION. Facsimile documents may 
be included in a submission package; however, facsimile copies are not acceptable for any 
submission documents requiring authorized signatures, which must be provided with 
original signatures in ink. 
1.13 RIGHT TO REJECT SUBMISSIONS. The Client/Owner reserves the right to 
reject any or all submissions in whole or in part if not in compliance with the 
standardized submission requirements, to reject any and all submissions or proposals 
received without cause and/or to negotiate separately with respect to any submission 
in any manner necessary to serve the best interests of the Client/Owner. 
1.14 RIGHT TO WAIVE INFORMALITIES RESERVED. The Client/Owner expressly reserves 
the right to waive any informality in any submission, and to accept the submission, which 
in 
the Client/Owner's judgment serves its best interests. 
1.15 TIME AND PLACE OF SUBMISSION OPENINGS. The person designated by the 
Client/Owner to receive submissions shall receive proposals at the time and place 
mentioned 
in the Public Notice for Solicitation up to the deadline set forth therein, and will 
immediately 
thereafter be publicly opened with key provisions read aloud and otherwise available for 


public scrutiny as set forth in the Notice of Solicitation as published on the City of 
Bayonne’s 
Website. 
1.16 ERRORS IN SUBMISSIONS. If applicable, in the event there is a discrepancy 
between the unit prices and the extended totals, the unit prices shall govern or if between 
the 
correct sum of the extended totals and the total submission submitted, the correct sum 
shall 
govern. Amounts written in words shall govern over the amounts written in numerals. 
1.17 SUBMISSIONS NOT IN COMPLIANCE. The Client/Owner may waive any informality 
or reject any and/or all submissions, in accordance with the Fair and Open Public 
Solicitation 
Process for Professional Service(s) pursuant to P.L. 2004, c. 19 (N.J.S.A. 19:44A-20.4 et seq.) 
1.18 TIME FOR AWARD OF CONTRACT. The contracting unit shall award the contract or 
reject all submissions within such time as may be specified in the invitation for submission, 
generally no more than 60 days, except that the submissions of any professional services 
entities who consent thereto may, at the request of the contracting unit, be held for 
consideration for such longer period as the submitting party may specify or agree to, not to 
exceed one year. 
1.19 METHOD OF AWARD – CONTRACT NOT EXCLUSIVE. The Client/Owner reserves the 
right to award submissions on a “service by service” basis, “per project” basis, in part or in 
whole as determined by the Client/Owner. Any professional service contract awarded by 
the 
Client/Owner need not be exclusive to one provider or accept all of that provider’s offered 
services. The Client/Owner is not bound to hire one professional service provider for all or 
part of the scope of services proposed and shall have the option of selecting the services to 
be 
provided by the professional from the scope of services offered and to hire one or more 
firms 
to provide the same type or scope of services on the same or different projects. 
1.20 BUSNESS REGISTRATION AND COMPLIANCE WITH EEO. The successful 
professional service entity will be required to comply with the requirements of the 
requirements of N.J.S.A. 52:32-44 (Business Registration of Public Contractors), 
N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 et seq. (Contract Compliance and Equal 
Employment Opportunities in Public Contracts), and 42 U.S.C. §12101 et seq. (the 
Americans with Disabilities Act) and any final contract shall indemnify the 
Client/Owner from any violation of these acts caused by the professional service 
provider, or the provider’s agents, servants or subcontractor(s) or the employees of 
same. PROOF OF BUSINESS REGISTRATION MUST BE PROVIDED WITH THE 
SUBMISSION PACKAGE. THIS IS NOT A WAIVABLE DEFECT. INFORMATION 
ON OBTAINING A BUSINESS REGISTRATION CERTIFICATE IS AVAILABEON THE 
WEB AT www.nj.gov/treasury/revenue/busregcert.htm. 
1.21 After notification of award but prior to execution of any contract, one of 
the following three documents as forms of evidence: 
(a) A photocopy of a valid letter that the vendor is operating under an 
existing Federally approved or sanctioned affirmative action program (good 
for one year from the date of the letter); OR 
(b) A photocopy of a Certificate of Employee Information Report 
approval, issued in accordance with N.J.A.C. 17:27-1.1 et seq.; OR 
(c) A photocopy of an Employee Information Report (Form AA302) 


provided by the Division of Contract Compliance and distributed to the local 
entity requesting the professional service to be completed by the vendor in 
accordance with N.J.A.C. 17:27-1.1 et seq. The successful professional 
service entity may obtain the Employee Information Report at 
http://www.state.nj.us/treasury/contract_compliance/pdf/aa302.pdf. 
Again, this is not required to be in the submission package, but your NJ Business 
Registration Certificate must be. 
1.22 LIMITATION. The Client/Owner, or its agents, servants or employees, will not 
be responsible for any expenses incurred by any respondent in preparing or 
submitting a proposal. Any Request for Qualifications or Proposals by the 
Client/Owner is not intended to be an offer, order, or contract and should not be 
regarded as such. No obligation or liability is imposed on the Client/Owner by 
issuance of any Request for Qualifications (RFQ), Request for Proposals (RFP), or other 
request for expression of interest in providing goods or services. The Clint/Owner 
reserves the right, in its sole discretion, to refuse any proposal submitted. 
Selection Criteria for Professional Service Contracts Page 1 of 1 
Ver. June 23, 2009 
II. SELECTION CRITERIA 
2.1 SELECTION CRITERIA TO BE USED IN AWARDING CONTRACTS. 
Proposals will be evaluated by the Client/Owner on the basis of the most advantageous 
proposal 
submitted, with expertise, experience, price and other factors considered. The evaluation 
will consider: 
A. Compliance with the general instructions and general and specific submission criteria. 
B. Qualifications of the individuals who will perform the services/tasks and the amounts of 
their 
respective participation. 
C. Experience, references and reputation in the field. Knowledge of the Client/Owner and 
the 
subject matter to be addressed under the contract. 
D. Ability to perform the services/tasks in a timely fashion, including staffing and 
familiarity with 
the subject matter. Availability to accommodate any required meetings. 
E. The existence of any conflict of interest that may limit or impede the scope of 
representation. 
F. Cost consideration - including, but not limited to, historical, current and comparable 
costs for 
similar professional services from those with similar expertise, experience and/or ability. 
G. Other factors if determined to be in the best interests of the Client/Owner. 
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GENERAL CONTRACT REQUIREMENTS & ADDENDUM A, B & C. Absent an express 
written waiver from the Client/Owner to the contrary, the submitting party 
(hereinafter referred to in the various submission documents as the “respondent”, 
“provider”, “contractor”, “submitting party”, “applicant”, “vendor”, “service 
provider” and/or “professional service provider”) should understand that they will 
be bound by the following “General Contract Requirements and Addendum” of the 
Client/Owner for all professional services contracts. 


3.1 ACCEPTANCE OF GENERAL AND SPECIFIC CONDITIONS - PRIORITY OF 
CONTRACT PROVISIONS - Absent an express written waiver from the Client/Owner to 
the contrary, the submitting party should understand that they will be bound by these 
“General Contract Requirements and addendum” of the Client/Owner for all professional 
services contracts as well as the specific “Position/Title Description and Qualification 
Criteria” (Schedule A in the Submission Package) of the Client/Owner for the position or 
professional service to which the contract applies and that the contractual requirements 
of these general and specific provisions will be incorporated into any final contract. Some 
of the contents of the proposal submitted by the successful firm or firms(s) (such as, 
scope or work, fee structure and other terms) may also become part of any final contract. 
In the event of a conflict between any provisions of that final contract, the language of 
the body of that final contract shall control first followed (in order or priority) by the 
specific “Title/Service Description and Qualification Criteria” specified by the 
Client/Owner, then by these “General Contract Requirements” and addendum, and then 
last by any incorporated provisions of the Service Provider’s proposal. 
3.2 CONTRACT NOT EXCLUSIVE. Absent an express contractual provision to the 
contrary, any professional service contract awarded by the Client/Owner with respect to 
a particular professional service or project service is not exclusive to one provider. The 
Client/Owner may, in its sole discretion, apportion work between and among providers 
and/or assign more than one provider to the same service or project. 
3.3 ASSIGNMENT OR TRANSFER PROHIBITED. Any selected firm is prohibited from 
assigning, transferring, conveying, subletting or otherwise disposing of any agreement or 
its rights, title, or interest therein or its power to execute such agreement to any other 
person, company or corporation without the prior written consent of the Client Owner 
(i.e. the City or the soliciting City Entity). 
3.4 SERVICE PROVIDER'S INDEPENDENT STATUS. It is expressly understood and 
agreed that the status of the professional service entity and its employees, agents, and 
officers in any contract awarded by the Client/Owner shall be that of an independent 
contractor retained on a contractual basis to provide professional engineering services 
for the limited time frame set forth above and it is not intended, nor shall it be 
construed, that the Service Provider or any of its employees, officers and/or agents 
is/are (an) employee(s) or officer(s) of the Client/Owner for any purpose whatsoever. 
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3.5 PROFESSIONAL SERVICES ENTITY’s COMPLIANCE WITH LAWS The professional 
services entity agrees to fully comply with the provisions of any Federal, General Contract 
Requirements – Professional Service & Addendum A, B & C Page 2 of 6 State, County and 
Local Government statutes, rules or regulations during the term of the contract 
including, but not limited to the requirements of N.J.S.A. 52:32-44 (Business 
Registration of Public Contractors), N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 et seq. 
(Contract Compliance and Equal Employment Opportunities in Public Contracts), and 42 
U.S.C. §12101 et seq. (the Americans with Disabilities Act) and shall indemnify, defend 
and hold the Client/Owner against any claim, fine, violation or other cost made and/or 
assessed against the Client/Owner arising from a violation of those laws caused by the 
professional service provider or by the professional service provider’s agents, servants, 
subcontractor(s) or the employees of same. 
3.6 GENERAL INSURANCE REQUIREMENTS – INDEMNITY. The professional service 
provider contracting with the Client/Owner shall maintain a minimum of $1 million in 


errors and omissions and/or professional liability insurance during the period of 
performance required of any contract with the Client/Owner as well as such other 
insurance as may be specified in the “specific requirements” for the position or service 
contracted for and shall provide proof of such coverage(s) to the Client/Owner prior to 
performing any work or at any time such proof may be requested by the Client/Owner. 
The professional service provider contracting with the Client/Owner also agrees to 
indemnify, defend and hold the Client/Owner harmless against any claim for damages, 
injunctive relief or other civil liability or restriction made and/or assessed against the 
Client/Owner due to the actions or negligence of the professional service provider or by 
the provider’s agents, servants or employees. 
3.7 PAYMENT - AVAILABILITY OF FUNDS – NO INTEREST. The award of any Contract 
by the Client/Owner is subject to the Client/Owner’s Executive Director or Chief 
Financial Officer certifying that the necessary funds are available in the year of award. 
Contracts which span multiple fiscal years are subject to cancellation in the following 
fiscal year if funds for continuation of the contract into that fiscal year are not approved 
by the governing body. The obligation of the Client/Owner to make payment to the 
provider shall be limited to the funds appropriated and made available as set forth above. 
Provider will be obligated to notify the Client/Owner when 75% of the contract ceiling 
has been reached. Payments are processed by the Client/Owner following receipt of 
properly detailed and signed invoices and vouchers and approval by the Board at a 
regular meeting. Notwithstanding any other provision of the final contract, including any 
recitation of interest in the provider’s rate schedule, no interest or late payment fees or 
any type shall apply to or be due from the Client/Owner to the provider under this 
professional services contract. 
3.8 ONE YEAR MAXIMUM TERM - TRANSITIONAL PERIOD - Pursuant to N.J.S.A. 
40A:11- 3(b), may be awarded for a period not exceeding twelve (12) consecutive months. 
If, for any reason, a new contract has not been awarded prior to the expiration or 
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termination of the existing contract, the professional services entity agrees that it will 
continue to provide services under the terms and condition of the existing contract until 
a new contract(s) can become completely operational. At no time shall this transition 
period extend more than ninety (90) days beyond the expiration or termination of the 
original (existing) contract. 
3.9 CLIENT/OWNER’s RIGHT TO CANCEL – NO MINIMUM PAYMENT IMPLIED OR 
GUARANTEED UNLESS SPECIFICALLY PROVIDED. Client/Owner reserves the right to 
cancel any contract entered into without cause and without penalty at any time during 
that contract period by mailing to the “Service Provider” a written notice, certified mail 
General Contract Requirements – Professional Service & Addendum A, B & C Page 3 of 6 
return receipt, calling for termination at not less than thirty (30) days thereafter. In the 
event of termination of the Agreement, the firm’s fees shall be prorated for the work 
satisfactorily performed up to the effective date of termination. 
3.10 CHOICE OF LAW – JURISDICTION- SAVINGS CLAUSE Any dispute between the 
Client/Owner and the submitting party with regard to any submission or offer to provide 
professional services or any contract entered into to do so shall be interpreted, subject to 
and governed by the jurisdiction and laws of the State of New Jersey and resolved in its 
Courts, except where jurisdiction is expressly preempted by Federal Law in which case 
the matter will be subject o the jurisdiction of the United States District Court for the 


District of New Jersey. Any contract provision later determined to be legally void or 
unenforceable shall not void the remaining provisions of the contract. 
3.11 INCORPORATION OF ENCLOSED ADDENDUMS A, B and C INTO THESE 
GENERAL CONTRACT REQUIREMENTS. Addendums A, B and C to these General 
Contracting Requirements which concern the submitting professional service provider’s 
(stated therein as “CONTRACTOR’S”) responsibility for compliance and Equal 
Employment Opportunities in Public Contracts (ADDENDUM A), the Americans with 
Disabilities Act (ADDENDUM B) and the New Jersey Business Registration Law 
(ADDENDUM C) are incorporated by reference as if set forth at length herein. 
General Contract Requirements – Professional Service & Addendum A, B & C Page 4 of 6 
ADDENDUM A - TO “GENERAL CONTRACT REQUIREMENTS” 
EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITY 
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE 
N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 et seq. 
GOODS, PROFESSIONAL SERVICES 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, or sex. Except with respect to 
affectional or sexual orientation, 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, or sex. Such action 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 or sex. 
The contractor or subcontractor, where applicable, will send to each labor union or 
representative or 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. 


The contractor or subcontractor agrees to attempt in good faith to employ minority and 
female workers consistent with the applicable 
county employment goals established in accordance with N.J.A.C. 17:27-5.2, or a binding 
determination of the applicable county 
employment goals determined by the Division, pursuant to N.J.A.C. 17:27-5.2. 
The contractor or subcontractor agrees to inform in writing its appropriate recruitment 
agencies including, but not limited to, employment agencies, 
placement bureaus, colleges, universities, labor unions, that it does not discriminate on the 
basis of age, race, creed, color, national origin, ancestry, 
marital status, affectional or sexual orientation, 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 job-related testing, as established by the statutes and court decisions of the 
State of New Jersey and as established by applicable Federal 
law and applicable Federal court decisions. 
In conforming with applicable 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, 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 
The contractor and its subcontractor 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 10 of the 
Administrative Code at N.J.A.C. 17:27. 
General Contract Requirements – Professional Service & Addendum A, B & C Page 5 of 6 
ADDENDUM B - TO “GENERAL CONTRACT REQUIREMENTS” 
AMERICANS WITH DISABILITIES ACT OF 1990 
EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITY 
The CONTRACTOR and the Client/Owner do hereby agree that the provisions of Title 11 of 
the Americans 
With Disabilities Act of 1990 (the "Act") (42 U.S.C. S12101 et seg.), 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 thereunto, are made a part of 
this contract. In 


providing any aid, benefit, or service on behalf of the CLIENT/OWNER pursuant to this 
contract, the 
CONTRACTOR agrees that the performance shall be in strict compliance with the Act. In the 
event 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 
CLIENT/OWNER in any 
action or administrative proceeding commenced pursuant to this Act. The CONTRACTOR 
shall indemnify, 
protect, and save harmless the CLIENT/OWNER, its agents, servants, and employees from 
and against any 
and all suits, claims, losses, demands, or damages of whatever kind or nature arising out of 
or claimed to arise 
out of the alleged violation. The CONTRACTOR shall, at its own expense, appear, defend, 
and pay any and all 
charges for legal services and any and all costs and other expenses arising from such action 
or administrative 
proceeding or incurred in connection therewith. In any and all complaints brought 
pursuant to the 
CLIENT/OWNER'S grievance procedure, the CONTRACTOR agrees to abide by any decision 
of the 
CLIENT/OWNER, which is rendered pursuant to, said grievance procedure. If any action or 
administrative 
proceeding results in an award of damages against the CLIENT/OWNER or if the 
CLIENT/OWNER incurs any 
expense to cure a violation of the ADA which has been brought pursuant to its grievance 
procedure, the 
CONTRACTOR shall satisfy and discharge the same at its own expense. 
The CLIENT/OWNER shall, as soon as practicable after a claim has been made against it, 
give written notice 
thereof to the CONTRACTOR along with full and complete particulars of the claim. If any 
action or 
administrative proceeding is brought against the CLIENT/OWNER or any of its agents, 
servants, and 
employees, the CLIENT/OWNER shall expeditiously forward or have forwarded to the 
CONTRACTOR every 
demand, complaint, notice, summons, pleading, or other process received by the 
CLIENT/OWNER or its 
representatives. 
It is expressly agreed and understood that any approval by the CLIENT/OWNER of the 
services provided by 
the CONTRACTOR pursuant to this contract will not relieve the CONTRACTOR of the 
obligation to comply 
with the Act and to defend, indemnify, protect, and save harmless the CLIENT/OWNER 
pursuant to this 
paragraph. 
It is further agreed and understood that the CLIENT/OWNER assumes no obligation to 
indemnify or save 


harmless the CONTRACTOR, its agents, servants, employees and subcontractors for any 
claim which may 
arise out of their performance of this Agreement. Furthermore, the CONTRACTOR 
expressly understands and 
agrees that the provisions of this indemnification clause shall in no way limit the 
CONTRACTOR’S obligations 
assumed in this Agreement, nor shall they be construed to relieve the CONTRACTOR from 
any liability, nor 
preclude the CLIENT/OWNER from taking any other actions available to it under any other 
provisions of this 
Agreement or otherwise at law. 
General Contract Requirements – Professional Service & Addendum A, B & C Page 6 of 6 
ADDENDUM C TO “GENERAL CONTRACT REQUIREMENTS” 
CONTRACTOR RESPONSIBLE FOR COMPLIANCE WITH BUSINESS 
REGISTRATION REQUIREMENTS 
Pursuant to P.L. 2004, c.57, Business Registration of Contractors with Government 
Agencies, all 
business organizations that do business with a local contracting agency are required to be 
registered with the State of New Jersey, Department of Treasury, Division of Revenue, and 
provide 
proof of that registration at the time a bid or proposal is submitted. 
A “Business Organization” means an individual, partnership, association, joint stock 
company, 
trust, corporation or other legal business entity or successor thereof. 
This law covers construction as well as non-construction submissions. 
Further information may be obtained by visiting the following web site at the State of New 
Jersey: 
www.nj.gov/treasury/revenue/busregcert.htm 
The Contractor, represents to the CLIENT/OWNER that it is and will remain in compliance 
with 
Business Registration Act during the term of any contract with the CLIENT/OWNER and 
that it will be 
responsible for compliance with N.J.S.A. 52:32-44 which 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 
contracting agency an accurate list of all subcontractors or attest that none were 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.

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Detailed Risk Breakdown

local preference

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performance bond

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liquidated damages

Evidence Detected

1 CLAUSES FOUND

"...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...."

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Timeline

First Discovered

May 29, 2026

Last Info Update

May 29, 2026

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