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Lead Closed
This opportunity is no longer accepting submissions.
Purchasing (Bids, RFPs & RFQs)
BID #: 001-2026
ISSUED: 4/1/2026
DUE: 4/29/2026
VALUE: TBD
45
Rating
Risk Rank
Red Risk
AI-Powered Lead Insights
Executive Summary
The Borough of Middlesex is soliciting proposals for Information Technology Management and Computer Consulting Services (Re-issued Competitive Contract #001-2026) for various municipal departments, including Borough Hall, Police, DPW, Seniors/Rec, Pool, and Parks. The services encompass comprehensive IT support, network/voice equipment management, patching, security updates, server maintenance, disaster recovery planning, helpdesk operations, and Microsoft 365 management. The contract is for a one-year term, with the possibility of up to four additional one-year extensions.
Key requirements for interested vendors include a minimum of five years in business, New Jersey-based headquarters and staff, and a commitment to use only full-time employees (no subcontractors). Successful proposers must demonstrate expertise through certifications such as MCSE, A+, VCP, and ITIL, and adhere to CJIS compliance. On-site IT support is required at least two days per week, with additional on-site assistance as needed. Professional liability insurance with limits of $2,000,000 per claim and a $4,000,000 aggregate is mandatory.
Proposals must be submitted via email to fdecibus@qpa.middlesexboro-nj.gov UNLOCK by Thursday, April 29, 2026, at 12:00 Noon local prevailing time. Detailed cost breakdowns, including hourly rates and fee schedules, are required. The Borough reserves the right to reject any or all proposals and will evaluate submissions based on technical understanding, management experience, personnel qualifications, ability to deliver services timely, and cost.
Web Content
The Purchasing Agent is responsible for the procurement of goods and services for the Borough in accordance with existing laws and ordinances. Bids, requests for proposals and quotes are processed through the purchasing office. All purchase orders are created, approved, signed and distributed through the purchasing office. Bids, RFP, RFQ Any Bid, RFP, RFQ Addenda will be issued on the website, and processed in accordance with N.J.S.A. 40A:11-23(c) (1). All interested respondents should check the website from now through bid opening. It is the sole responsibility of the respondent to be knowledgeable of all addenda related to this procurement. Active Bids (none at this time) Active Requests for Proposals (none at this time) Auctions and Online Auction Opportunities (none at this time) Active Requests for Quotations (none at this time) Notice of Bid Results Middlesex 2025 Road Program Notice of Intent to Award (none at this time) + ARCHIVES: 2026 RE-ISSUED COMPETITIVE CONTRACT #: 001-2026: INFORMATION TECHNOLOGY AND COMPUTER CONSULTING SERVICES FPR COMPUTERS, PROGRAMS AND PERIPHERAL COMPUTER EQUIPMENT THROUGHOUT THE DEPARTMENTS OF THE BOROUGH OF MIDDLESE X - April 29, 2026 Bid 01-26 Tree Removal, Tree Trimming, Stump Grinding. - April 16, 2026 NOTICE TO BIDDERS: Middlesex 2025 Road Program – LA – 2025 - March 4, 2026 REQUESTS COMPETITIVE CONTRACT PROPOSALS FROM INDIVIDUALS/FIRMS INTERESTED IN PROVIDING INFORMATION TECHNOLOGY MANAGEMENT AND COMPUTER CONSULTING SERVICES FOR COMPUTERS, PROGRAMS AND PERIPHERAL COMPUTER EQUIPMENT THROUGHOUT THE DEPARTMENTS OF THE BOROUGH OF MIDDLESEX + IT SERVICE COMPETITIVE CONTRACT ADDENDUM - January 28, 2026 + ARCHIVES: 2025 NOTICE OF INTENT TO AWARD CONTRACT - The Borough of Middlesex intends to participate in the OMINIA Partners Cooperative contract for the purchase software and equipment for the new door access systems for Borough Hall and Police Headquarters - January 9, 2025 RFP – 2024-007 - PUBLIC NOTICE UNDER A FAIR AND OPEN PROCESS FOR THE SOLICITATION OF QUALIFICATIONS AND RATES FOR RISK MANAGER- HEALTH INSURANCE CONSULTING SERVICES - January 15, 2025 RFP–Re-Bid-2024-08 - PUBLIC NOTICE UNDER A FAIR AND OPEN PROCESS FOR THE SOLICITATION OF QUALIFICATIONS AND RATES FOR LEGAL COUNSEL – BOARD OF HEALTH ATTORNEY 10 - January 14, 2025 RFP- 2026 PROFESSIONAL SERVICES - PUBLIC NOTICE UNDER A FAIR AND OPEN PROCESS FOR THE SOLICITATION OF QUALIFICATIONS AND RATES FOR VARIOUS PROFESSIONALS - November 28 - December 18, 2025 + ARCHIVES: 2024 NOTICE OF PUBLIC INTERNET AUCTION - December 5, 2024 - December 19, 2024 NOTICE TO BIDDERS - Mountain View Park Playground & Restroom Design in the Borough of Middlesex, Middlesex County, New Jersey . Opening Date: December 11th, 2024 NOTICE TO BIDDERS - For 1st Street, 2nd Street, Seneca Avenue & Rutgers Lane project - Opening Date: December 6, 2024 RFP-2024-006 - FOR PUBLIC RELATIONS AND DESIGN CONSULTING SERVICES - Opening Bid date: December 4, 2024 RFP–2024-005 - VARIOUS PROFESSIONALS FOR APPOINTMENT JANUARY 1, 2025 THROUGH DECEMBER 31, 2025 AND SPECIAL PROJECTS ON A PROJECT BY PROJECT BASIS - Open Dec 4, 2024 - 14 RFP-2024-004 N.J.S.A 40A:11-4.1 FOR PRIVATE COLLECTION OF MUNICIPAL COURT DEBT SERVICES - opened and read in pubic on Thursday, October 24, 2024 at 11:00 a.m.. Addendum #1 The Borough of Middlesex intends to participate in the Houston-Galveston Area Council of Governments (HGAC) contract for the purchase and delivery of one GM Tahoe, Command Vehicle, Console, Rear Command Cabinet, LED Lighting Package. READ MORE RFP Re-Bid 2024-003 Tree Inventory Consultant - Ad#1- Bid Re-opening July 23, 2024 RFP - 2024-02 - Professional Planning, Landscape Design and Engineering Consultant - Bid Opening June 11, 2024 Ad#1 , Ad#2 , Survey NOTICE TO BIDDERS - Automated Doors For Middlesex Borough Library - BID #: 003-2024 - Deadline May 24, 2024 RFP – 2024-001 • PUBLIC NOTICE UNDER A FAIR AND OPEN PROCESS FOR THE SOLICITATION OF QUALIFICATIONS AND RATES FOR TREE INVENTORY CONSULTANT - Deadline May 17, 2024 NOTICE TO BIDDERS - TREE REMOVAL, TREE TRIMMING, STUMP GRINDING - Bid Opening Date May 15, 2024 NOTICE TO BIDDERS - Furnish and Deliver Electrical Services for All Borough of Middlesex Facilities and Locations - BID #: 001-24 Addendum No. 1 - Electrical Services BID #001-24 (1-page PDF file) NOTICE OF PUBLIC INTERNET AUCTION - Pursuant to N.J.S.A. 40A:11-36, the Borough of Middlesex will conduct a Public Auction Sale of surplus property no longer needed. The auction will be held over the internet. Online auction site: www.municibid.com . NOTICE TO BIDDERS - 2023 NJDOT Douglass Lane, Rutgers Lane & Princeton Drive project - Deadline February 16, 2024 RFP-2023-08 LEGAL COUNSEL – BOARD OF HEALTH ATTORNEY - Deadline January 12, 2024 + ARCHIVES: 2023 BID # 2023-002 – AQUATIC PLANT HARVESTER - Deadline Dec. 19, 2023 RFP-2023-06 PROFESSIONAL SERVICES 2024 - Deadline Dec. 13, 2023 RFP-2023-06 - Addendum No. 1 RFP-2023-07 PUBLIC RELATIONS AND DESIGN CONSULTING SERVICES 2024 - Deadline Dec. 12, 2023 RFP-2023-07 - Addendum No. 1 RFP-2023-07 - Addendum No. 2 RFP-2023-07 - Addendum No. 3 BID 2023-001 - Middlesex PD RTU Replacement – Deadline September 6, 2023 RFP - PROFESSIONAL SERVICES Legal Counsel-Bond and Legal Counsel-Conflict Redevelopment – Deadline June 21, 2023 RFP-2023-04 (Re-Bid) PRIVATE COLLECTION OF MUNICIPAL DEBT - Deadline May 31, 2023 Addendum No. 1 - RFP-2023-04 (Re-Bid) RFP - 2023-002 BOARD OF HEALTH ATTORNEY RE-BID – Deadline May 23, 2023 RFP - 2023-002 PRIVATE COLLECTION OF MUNICIPAL DEBT – Deadline May 10, 2023 - NO BIDS RECEIVED RFP - 2023-001 BOARD OF HEALTH ATTORNEY – Deadline May 3, 2023 – NO BIDS RECEIVED NOTICE TO BIDDERS - Middlesex PD RTU Replacement – Deadline January 18, 2022 RFP - PROFESSIONAL SERVICES for Risk Management, Environmental Engineer and C-4 Operator 2023 – Deadline January 11, 2023 + ARCHIVES: 2022 [RFP–2022-04: INSTALLATION OF FIRE ALARM SYSTEM][45] - Deadline December 16, 2022 [RFP - FIRE ALARM SYSTEM - ADDENDUM NO. 2][46] [RFP - FIRE ALARM SYSTEM - ADDENDUM NO. 1][47] [RFP–2022-03: GRANT WRITER][48] - Deadline December 13, 2022 [NOTICE TO BIDDERS - Various Professional Services for 2023][49] - Deadline Dec. 7, 2022 [NOTICE TO BIDDERS - PUBLIC RELATIONS AND DESIGN CONSULTING SERVICES][50] - Deadline November 29, 2022 [NOTICE TO BIDDERS - 2022 ROAD PROJECTS][51] - Deadline Sep. 29, 2022 [NOTICE TO BIDDERS - ROUTE 28 STREETSCAPE PROJECT][52] - Deadline July 19, 2022 [NOTICE TO BIDDERS - REC CENTER CLEANING SERVICES RFQ #2022-01][53] - Deadline July 19, 2022 [NOTICE TO BIDDERS - BIODEGRADABLE & RECYCLABLE LEAF BAGS - BID#CC-2022-002][54] - Deadline June 21, 2022 [NOTICE TO BIDDERS - TREE REMOVAL, TREE TRIMMING, STUMP GRINDING CC#2022-001][55] - Deadline May 20, 2022 NOTICE TO BIDDERS - Electrical Services - Deadline March 8, 2022 [46]: /s/20221128-RFP-04-Installation-of-Fire-Alarm-System_Addendum-No-2.pdf [47]: /s/20221128-RFP-04-Installation-of-Fire-Alarm-System_Addendum-No-1.pdf [45]: /s/20221128-RFP-04-Installation-of-Fire-Alarm-System.pdf [48]: /s/20221128-RFP-Grant-Writing-for-2023.pdf [49]: /s/20221108-RFP-Professional-Services-for-2023.pdf [50]: /s/20221108-Public-Relations-Design-Consultant-for-2023.pdf [51]: /s/202209-Notice-to-Bidders-2022-Road-Projects.pdf [53]: /s/20220701-Notice-to-Bidders-Rec-Center-Cleaning-Services-RFQ-2022-01.pdf [52]: /s/20220615-Notice-to-Bidders-Route-28-Streetscape-Project.pdf [54]: /s/20220607-Notice-to-Bidders-Leaf-Bags-2022.pdf [55]: /s/20220509-Notice-to-Bidders-Tree-Services-2022-REVISED.pdf + ARCHIVES: 2021 NOTICE TO BIDDERS Public Relations Consulting Services 2022 - re bid - Deadline December 28, 2021 ADDENDUM No. 1 - clarification to Term of Contract RFP - PROFESSIONAL SERVICES - Engineering Services (Land Use Board); Legal Counsel (Labor); and Public Defender; 2022 - Deadline for Submissions is Tuesday, December 21, 2021 at 11:00am. RFP - ADDENDUM No. 1 - removing an item from the Notice REQUEST FOR PROPOSAL - Public Relations and Design Consulting Services for 2022 - Deadline December 7, 2021 RFP - ADDENDUM No. 1 - correcting Term of Contract, should be from January 1, 2022 through December 31, 2022 Request for Bids - Professional Services For 2022 - Deadline December 1, 2021 at 11:00 am. Request for Bids - Re-Advertisement - Greenbrook Road and Louis Avenue Pump Stations - Deadline July 14, 2021 at 11:00 AM (refer to details in pdf document) Request for Bids - 2020 Road Program - Deadline Thursday, July 1, 2021 Request for Bids - Rehabilitation of Sanitary Sewers Phase II Greenbrook Road and Louis Avenue Pump Stations - Deadline June 9, 2021 ** NO BIDS RECEIVED ** Request for Written Quotation – Recreation Center Cleaning Services (this is not an order) RFQ #2021-01 - Deadline to respond is May 14, 2021 at 11:00am RFQ - ADDENDUM No. 1 - Recreation Center Cleaning Services RFQ #2021-01 RFQ - ADDENDUM No. 2 - Recreation Center Cleaning Services RFQ #2021-01 MAFY 2019 ROAD IMPROVEMENT PROJECT - FISHER AVENUE AND ASHLAND ROAD - Submission due date February 25, 2021 at 11:00 am MAFY 2019 ROAD IMPROVEMENT PROJECT - FISHER AVE & ASHLAND RD - Addendum No. 1 SOLICITATION OF QUALIFICATIONS AND RATES FOR PUBLIC RELATIONS AND DESIGN CONSULTING SERVICES - Submission due date January 20, 2021 at 11:00 am PUBLIC RELATIONS AND DESIGN CONSULTING SERVICES - ADDENDUM NO.1 + ARCHIVES: 2020 RFP: PROFESSIONAL SERVICES FOR 2021 - Submission due date is Tuesday, December 8th at 11:00am. PROFESSIONAL SERVICES FOR 2021 ADDENDUM NO. 1 PROFESSIONAL SERVICES FOR 2021 ADDENDUM NO. 2 RFP: ARCHITECTURAL SERVICES FOR THE REDESIGNING AND RENOVATION OF BOROUGH HALL ARCHITECTURAL SERVICES ADDENDUM NO. 1 ARCHITECTURAL SERVICES ADDENDUM NO. 2 ARCHITECTURAL SERVICES ADDENDUM NO. 3 New submission date is Tuesday, October 20, 2020 at 11:00am ARCHITECTURAL SERVICES ADDENDUM NO. 4 ARCHITECTURAL SERVICES ADDENDUM NO. 5 If you’re dropping off your bid package in person, please leave the package on the table provided at the entrance and call Carmen at (732) 356-7400 ext. 237, so that the package can be stamped and dated on the date received. Bid Opening: Tuesday, October 20, 2020 at 11:00am via Zoom Credentials and instructions for potential vendors to attend the opening: https://zoom-meeting link expired SUPPLY AND INSTALLATION OF SUNBURST AERATING FOUNTAIN/MIXER Bid #2020-002A - Submission date - Wednesday, July 1, 2020 at 11:00am BID #2020-002A - ADDENDUM NO. 1 (Supply and Installation of Sunburst Aerating Fountain/Mixer) BID #2020-002A - ADDENDUM NO. 2 BID #2020-002A - ADDENDUM NO. 3 Information for the bid opening (via Zoom) on July 1, 2020 at 11:00am: Join Zoom Meeting ID: 916 6522 8329 | Password: 0VzJ11In addition, If you’re dropping off your bid package in person, please leave the package on the table provided at the entrance and call Carmen at (732) 356-7400 ext. 237, so that the package can be stamped and dated on the date received. BID: $6,550,524 BOND ANTICIPATION NOTES, SERIES 2020A - Submission date - June 10, 2020 BID: Tree Service - Submission date - May 28, 2020 BID - Tree Service - NOTICE OF ADDENDUM NO. 1 (Tree Removal, Tree Trimming, Stump Grinding) BID - Tree Service - NOTICE OF ADDENDUM NO. 2 (Tree Removal, Tree Trimming, Stump Grinding) BID OPENING via Zoom >> May 28 at 11am - see call access details here RFQ: Recreation Center Cleaning Services - Submission date - May 14, 2020 RFQ: Recreation Center Cleaning Services Addendum #1 (April 27) BID: Electrical Services - Submission date - March 11, 2020 RFP: Legal Counsel - Municipal Prosecutor - Submission date - March 3, 2020 Alternate Public Defender - One Time Use - Submission date - February 19, 2020 BID: Conflict Borough Attorney - Submission date - January 22, 2020 RFP: JOINT LAND USE BOARD SERVICES - 2020 Submission date - January 17, 2020 BID: Addendum No. 1 – Joint Land Use Board Services - January 8, 2020 + ARCHIVES: 2019 REQUEST FOR PROPOSAL (2019) RFP: Addendum 1: Professional Services for 2020 Submission date - December 17, 2019 RFP: Professional Services for 2020 Submission date - December 17, 2019 RFP: Public Relations & Design Consulting Services Submission date - December 5, 2019 RFP: Re-Bid: Middlesex Borough Library AHU Replacement Submission date - October 9, 2019 RFP: Addendum 1 - Middlesex Borough Library AHU Replacement Rejected RFP: Middlesex Borough Library AHU Replacement Rejected RFP: Addendum No. 1 – Public Relations & Design Consulting Services RFP: Public Relations & Design Consulting Services Submittal Date - August 28, 2019 RFP: Bid: Property Revaluation Services Submittal Date - August 21, 2019 RFP: Addendum No. 3 – Public Relations Services RFP: Addendum No. 2 – Public Relations Services RFP: Addendum No. 1 – Public Relations Services Bid: Public Relations Services Submittal Date - Tuesday, July 9, 2019 Bid: Biodegradable and Recyclable Leaf Bags Submittal Date - Wednesday, June 26, 2019 RFP: Conflict Borough Attorney and Conflict Tax Appeal Attorney - May 15, 2019 Submittal Date - May 31, 2019 RFP: Conflict Labor Attorney, Conflict Borough Attorney, and Conflict Tax Appeal Attorney - April 25, 2019 Submittal Date - May 7, 2019 RFP: Professional Services for 2019 Police Labor and Conflict Public Defender Submittal Date – January 18, 2019 (PDF) RFP: Addendum #1 RFP: Conflict Public Defender, Police Labor RFP: IT Services Submittal Date - January 18, 2019 RFP: Addendum #1 - IT Services Bid Addendum No. 1 – Recycling Collection Services Bid: Recycling Collection Services Submittal Date - August 15, 2019 Bid: Bond Anticipation Notes Submittal Date - Wednesday, June 12, 2019 Bid: Fireworks Display for Community Day - May, 14, 2019 Submittal Date - May 29, 2019 + ARCHIVES: 2018 REQUEST FOR PROPOSAL (2018) RFP: NOTICE REQUEST FOR PROPOSAL Submittal Date – December 11, 2018 (PDF) RFP: Professional Services Submittal Date – December 11, 2018 (PDF) RFP: Local Public Health Services Submittal Date - December 20, 2018 (PDF) RFP: NOTICE REQUEST FOR PROPOSAL Submittal Date – August 23, 2018 (PDF) RFP: Public Relations Services Submittal Date – August 23, 2018 (PDF) RFP: PROFESSIONAL ECONOMIC DEVELOPMENT SPECIALIST Submittal Date – Thursday, March 8, 2018 (PDF) RFP: Cover Page: Professional Economic Development Specialist 2018 (PDF) RFP: Additional Professional Services 2018, LEGAL COUNSEL – CONFLICT PUBLIC DEFENDER - ALTERNATE IT SERVICES Submittal Date – Thursday, February 22, 2018 (PDF) RFP: Cover Page: Additional Professional Services 2018 (PDF) BID PACKAGE: Tree Services 2018 Submittal Date – Tuesday, May 15, 2018 (PDF) NOTICE TO BIDDERS: Tree Services 2018 (PDF) NOTICE REQUEST FOR QUOTATION Submittal Date – June 22, 2018 (PDF) REQUEST FOR QUOTATION: Public Relations Services Submittal Date – June 22, 2018 (PDF)
Document Text
--- Document: Middlesex 2025 Road Program ---
New Jersey Department of Transportation
Division of Local Aid And Economic Development
Summary of Bids - State Aid
Item #
Quantity
Unit
Unit Price
Amount
Unit Price
Amount
Unit Price
Amount
Unit Price
Amount
Unit Price
Amount
Unit Price
Amount
Unit Price
Amount
Unit Price
Amount
1
1
LS
20,000.00
$
20,000.00
$
$40,500.00
$40,500.00
$10,000.00
$10,000.00
$30,000.00
$30,000.00
$17,300.00
$17,300.00
$50,000.00
$50,000.00
$25,000.00
$25,000.00
$15,000.00
$15,000.00
2
1
LS
30,000.00
$
30,000.00
$
$40,500.00
$40,500.00
$48,000.00
$48,000.00
$63,000.00
$63,000.00
$99,100.00
$99,100.00
$50,000.00
$50,000.00
$82,000.00
$82,000.00
$15,000.00
$15,000.00
3
25
UN
25.00
$
625.00
$
$0.01
$0.25
$0.01
$0.25
$1.00
$25.00
$0.01
$0.25
$0.01
$0.25
$0.01
$0.25
$0.01
$0.25
4
30
UN
25.00
$
750.00
$
$0.01
$0.30
$0.01
$0.30
$1.00
$30.00
$0.01
$0.30
$0.01
$0.30
$0.01
$0.30
$0.01
$0.30
5
80
UN
15.00
$
1,200.00
$
$0.01
$0.80
$0.01
$0.80
$1.00
$80.00
$0.01
$0.80
$0.01
$0.80
$0.01
$0.80
$0.01
$0.80
6
100
SF
20.00
$
2,000.00
$
$0.01
$1.00
$0.01
$1.00
$1.00
$100.00
$0.01
$1.00
$0.01
$1.00
$0.01
$1.00
$0.01
$1.00
7
480
HR
90.08
$
43,238.40
$
$90.08
$43,238.40
$90.08
$43,238.40
$90.08
$43,238.40
$90.08
$43,238.40
$90.08
$43,238.40
$90.08
$43,238.40
$90.08
$43,238.40
8
1
ALL
50,000.00
$
50,000.00
$
$50,000.00
$50,000.00
$50,000.00
$50,000.00
$50,000.00
$50,000.00
$50,000.00
$50,000.00
$50,000.00
$50,000.00
$50,000.00
$50,000.00
$50,000.00
$50,000.00
9
1,200
DOL
1.00
$
1,200.00
$
$1.00
$1,200.00
$1.00
$1,200.00
$1.00
$1,200.00
$1.00
$1,200.00
$1.00
$1,200.00
$1.00
$1,200.00
$1.00
$1,200.00
10
1,400
DOL
1.00
$
1,400.00
$
$1.00
$1,400.00
$1.00
$1,400.00
$1.00
$1,400.00
$1.00
$1,400.00
$1.00
$1,400.00
$1.00
$1,400.00
$1.00
$1,400.00
11
21,738
SY
5.00
$
108,690.00
$
$4.00
$86,952.00
$6.19
$134,558.22
$2.25
$48,910.50
$2.90
$63,040.20
$5.00
$108,690.00
$6.75
$146,731.50
$3.00
$65,214.00
12
3,954
SY
8.00
$
31,632.00
$
$0.01
$39.54
$0.01
$39.54
$3.00
$11,862.00
$0.01
$39.54
$0.01
$39.54
$0.01
$39.54
$8.50
$33,609.00
13
3,954
SY
12.00
$
47,448.00
$
$0.01
$39.54
$0.01
$39.54
$0.01
$39.54
$0.01
$39.54
$0.01
$39.54
$0.01
$39.54
$17.50
$69,195.00
14
953
TON
110.00
$
104,830.00
$
$0.01
$9.53
$0.01
$9.53
$80.00
$76,240.00
$76.00
$72,428.00
$0.01
$9.53
$50.00
$47,650.00
$88.25
$84,102.25
15
2,615
TON
110.00
$
287,650.00
$
$95.00
$248,425.00
$70.00
$183,050.00
$95.00
$248,425.00
$94.60
$247,379.00
$125.00
$326,875.00
$70.00
$183,050.00
$92.75
$242,541.25
16
182
TON
110.00
$
20,020.00
$
$75.00
$13,650.00
$0.01
$1.82
$95.00
$17,290.00
$78.00
$14,196.00
$0.01
$1.82
$50.00
$9,100.00
$92.75
$16,880.50
17
2,179
GAL
4.25
$
9,260.75
$
$0.01
$21.79
$0.01
$21.79
$0.01
$21.79
$0.01
$21.79
$4.00
$8,716.00
$0.01
$21.79
$0.01
$21.79
18
19,107
LF
2.00
$
38,214.00
$
$0.01
$191.07
$0.01
$191.07
$0.01
$191.07
$0.01
$191.07
$1.00
$19,107.00
$0.01
$191.07
$1.50
$28,660.50
19
35
UN
500.00
$
17,500.00
$
$400.00
$14,000.00
$389.51
$13,632.85
$360.00
$12,600.00
$405.00
$14,175.00
$500.00
$17,500.00
$375.00
$13,125.00
$350.00
$12,250.00
20
35
UN
500.00
$
17,500.00
$
$400.00
$14,000.00
$450.22
$15,757.70
$425.00
$14,875.00
$375.00
$13,125.00
$500.00
$17,500.00
$375.00
$13,125.00
$350.00
$12,250.00
21
92
SY
150.00
$
13,800.00
$
$135.00
$12,420.00
$145.52
$13,387.84
$135.00
$12,420.00
$160.00
$14,720.00
$175.00
$16,100.00
$150.00
$13,800.00
$120.00
$11,040.00
22
60
SY
80.00
$
4,800.00
$
$66.50
$3,990.00
$79.62
$4,777.20
$30.00
$1,800.00
$75.50
$4,530.00
$50.00
$3,000.00
$40.00
$2,400.00
$60.00
$3,600.00
23
13
SY
350.00
$
4,550.00
$
$100.00
$1,300.00
$132.01
$1,716.13
$460.00
$5,980.00
$250.00
$3,250.00
$1,000.00
$13,000.00
$300.00
$3,900.00
$300.00
$3,900.00
24
308
SY
120.00
$
36,960.00
$
$110.00
$33,880.00
$132.07
$40,677.56
$125.00
$38,500.00
$126.00
$38,808.00
$125.00
$38,500.00
$110.00
$33,880.00
$110.00
$33,880.00
25
780
LF
45.00
$
35,100.00
$
$50.00
$39,000.00
$56.31
$43,921.80
$43.00
$33,540.00
$39.50
$30,810.00
$50.00
$39,000.00
$45.00
$35,100.00
$33.00
$25,740.00
26
393
LF
70.00
$
27,510.00
$
$60.00
$23,580.00
$80.01
$31,443.93
$55.00
$21,615.00
$71.00
$27,903.00
$75.00
$29,475.00
$65.00
$25,545.00
$40.00
$15,720.00
27
2,420
LF
2.00
$
4,840.00
$
$0.80
$1,936.00
$0.79
$1,911.80
$0.85
$2,057.00
$0.80
$1,936.00
$0.83
$2,008.60
$0.90
$2,178.00
$0.85
$2,057.00
28
1,011
LF
3.00
$
3,033.00
$
$1.20
$1,213.20
$1.18
$1,192.98
$1.30
$1,314.30
$1.20
$1,213.20
$1.23
$1,243.53
$1.68
$1,698.48
$1.55
$1,567.05
29
378
LF
6.00
$
2,268.00
$
$5.00
$1,890.00
$4.73
$1,787.94
$5.20
$1,965.60
$4.90
$1,852.20
$4.95
$1,871.10
$5.04
$1,905.12
$4.65
$1,757.70
30
78
SF
50.00
$
3,900.00
$
$50.00
$3,900.00
$47.25
$3,685.50
$52.00
$4,056.00
$49.50
$3,861.00
$49.50
$3,861.00
$55.00
$4,290.00
$49.50
$3,861.00
31
2
EA
300.00
$
600.00
$
$165.00
$330.00
$157.51
$315.02
$175.00
$350.00
$164.00
$328.00
$165.00
$330.00
$210.00
$420.00
$192.50
$385.00
32
604
SY
8.00
$
4,832.00
$
$10.00
$6,040.00
$24.22
$14,628.88
$11.00
$6,644.00
$9.00
$5,436.00
$5.00
$3,020.00
$8.00
$4,832.00
$4.00
$2,416.00
33
604
SY
2.00
$
1,208.00
$
$2.50
$1,510.00
$0.83
$501.32
$1.00
$604.00
$0.01
$6.04
$1.00
$604.00
$1.00
$604.00
$4.00
$2,416.00
34
604
SY
2.00
$
1,208.00
$
$0.01
$6.04
$0.22
$132.88
$1.00
$604.00
$0.01
$6.04
$1.00
$604.00
$1.00
$604.00
$4.00
$2,416.00
$977,767.15
$685,164.46
$661,223.59
$750,978.20
$771,535.37
$846,936.41
$747,070.79
$801,320.79
A1
1,900
DOL
1.00
$
1,900.00
$
$1.00
$1,900.00
$1.00
$1,900.00
$1.00
$1,900.00
$1.00
$1,900.00
$1.00
$1,900.00
$1.00
$1,900.00
$1.00
$1,900.00
A2
3,400
DOL
1.00
$
3,400.00
$
$1.00
$3,400.00
$1.00
$3,400.00
$1.00
$3,400.00
$1.00
$3,400.00
$1.00
$3,400.00
$1.00
$3,400.00
$1.00
$3,400.00
A3
16,538
SY
5.00
$
82,690.00
$
$4.00
$66,152.00
$5.34
$88,312.92
$2.25
$37,210.50
$3.10
$51,267.80
$5.00
$82,690.00
$10.05
$166,206.90
$3.00
$49,614.00
A4
3,008
SY
8.00
$
24,064.00
$
$0.01
$30.08
$0.01
$30.08
$3.00
$9,024.00
$0.01
$30.08
$0.01
$30.08
$0.01
$30.08
$8.50
$25,568.00
A5
3,008
SY
12.00
$
36,096.00
$
$0.01
$30.08
$0.01
$30.08
$0.01
$30.08
$0.01
$30.08
$0.01
$30.08
$0.01
$30.08
$17.50
$52,640.00
A6
724
TON
110.00
$
79,640.00
$
$0.01
$7.24
$0.01
$7.24
$80.00
$57,920.00
$74.50
$53,938.00
$0.01
$7.24
$50.00
$36,200.00
$88.25
$63,893.00
A7
1,807
TON
110.00
$
198,770.00
$
$95.00
$171,665.00
$95.03
$171,719.21
$95.00
$171,665.00
$94.60
$170,942.20
$125.00
$225,875.00
$70.00
$126,490.00
$92.75
$167,599.25
A8
138
TON
110.00
$
15,180.00
$
$0.01
$1.38
$0.01
$1.38
$95.00
$13,110.00
$78.00
$10,764.00
$0.01
$1.38
$50.00
$6,900.00
$92.75
$12,799.50
A9
1,505
GAL
4.25
$
6,396.25
$
$0.01
$15.05
$0.01
$15.05
$0.01
$15.05
$0.01
$15.05
$4.00
$6,020.00
$0.01
$15.05
$0.01
$15.05
A10
12,540
LF
2.00
$
25,080.00
$
$0.01
$125.40
$0.01
$125.40
$0.01
$125.40
$0.01
$125.40
$1.00
$12,540.00
$0.01
$125.40
$1.50
$18,810.00
A11
11
SY
150.00
$
1,650.00
$
$135.00
$1,485.00
$240.49
$2,645.39
$135.00
$1,485.00
$161.00
$1,771.00
$200.00
$2,200.00
$400.00
$4,400.00
$120.00
$1,320.00
A12
282
LF
70.00
$
19,740.00
$
$60.00
$16,920.00
$77.39
$21,823.98
$55.00
$15,510.00
$71.00
$20,022.00
$75.00
$21,150.00
$65.00
$18,330.00
$40.00
$11,280.00
HMA MILLING, MORE THAN 3" TO 6"
FUEL PRICE ADJUSTMENT
DENSE-GRADED AGGREGATE BASE COURSE, 6" THICK
HOT MIX ASPHALT 19M64 BASE COURSE, 4" THICK
HOT MIX ASPHALT 9.5M64 SURFACE COURSE, 2" THICK
ALTERNATE BID A
HMA MILLING, 3" OR LESS
FERTILIZING AND SEEDING, TYPE A-4
TOPSOIL SPREADING, 4" THICK
CURB PIECE , TYPE 'N' ECO
CONCRETE SIDEWALK, 4" THICK
TRAFFIC MARKINGS LINES, 24"
REGULATORY AND WARNING SIGNAGE
TOTAL CONSTRUCTION COST
Project
Municipality
County
Engineer's Estimate
Street Address
RESET REGULATORY AND WARNING SIGN
HOT MIX ASPHALT 9.5M64 SURFACE COURSE, 2" THICK
HOT MIX ASPHALT 19M64 BASE COURSE, 4" THICK
DENSE-GRADED AGGREGATE BASE COURSE, 6" THICK
HMA MILLING, MORE THAN 3" TO 6"
BICYCLE SAFE GRATE
TACK COAT
Middlesex County
CONCRETE DRIVEWAY, REINFORCED, 6" THICK
Description
City/State/Zip
City/State/Zip
Colonia, NJ 07067
City/State/Zip
Clarksburg, NJ 08510
Contractor Name
Contractor Name
TRAFFIC CONES
POLYMERIZED JOINT ADHESIVE
HOT MIX ASPHALT 9.5M64 LEVELING COURSE, 0.5" TO 1.5"
THICK
MOBILIZATION
CLEARING SITE
BREAKAWAY BARRICADE
MECO Inc.
Somerville, NJ 08876
DRUM
CONSTRUCTION SIGNS
TRAFFIC DIRECTOR, FLAGGER
UNIFORMED TRAFFIC DIRECTOR
FUEL PRICE ADJUSTMENT
ASPHALT PRICE ADJUSTMENT
22 Fifth Street
Middlesex 2024 Road Program - LA 2025
Borough of Middlesex
Street Address
Street Address
Contractor Name
P & A Construction Inc.
Top Line Construction Corp
Contractor Name
Contractor Name
Scotch Plains, NJ 07076
Street Address
City/State/Zip
Old Bridge, NJ 08857
P.O. Box 536
1316 Englishtown Road
P.O. Box 28
Blackrock Enterprises LLC
Street Address
Stilo Excavation Inc.
2907 So Clinton Avenue
City/State/Zip
South Plainfield, NJ 07080
Contractor Name
Contractor Name
CCM Contracting Inc
Street Address
336 Rt. 22
City/State/Zip
Fisher Contracting Inc.
Street Address
10 Short Hills Lane
City/State/Zip
Green Brook, NJ 08812
HOT MIX ASPHALT DRIVEWAY, 4" THICK
DETECTABLE WARNING SURFACE
8" X 18" CONCRETE CURB
8" X 18" CONCRETE CURB AND GUTTER
TRAFFIC MARKINGS LINES, 4"
TRAFFIC MARKINGS LINES, 6"
STRAW MULCHING
ASPHALT PRICE ADJUSTMENT
HMA MILLING, 3" OR LESS
,
THICK
TACK COAT
POLYMERIZED JOINT ADHESIVE
CONCRETE DRIVEWAY, REINFORCED, 6" THICK
8" X 18" CONCRETE CURB AND GUTTER
I herby certify that this is a true copy of the bids received on 03/04/2026 .
Page 1 of 4
New Jersey Department of Transportation
Division of Local Aid And Economic Development
Summary of Bids - State Aid
Project
Municipality
County
Engineer's Estimate
Street Address
Middlesex County
City/State/Zip
City/State/Zip
Colonia, NJ 07067
City/State/Zip
Clarksburg, NJ 08510
Contractor Name
Contractor Name
MECO Inc.
Somerville, NJ 08876
22 Fifth Street
Middlesex 2024 Road Program - LA 2025
Borough of Middlesex
Street Address
Street Address
Contractor Name
P & A Construction Inc.
Top Line Construction Corp
Contractor Name
Contractor Name
Scotch Plains, NJ 07076
Street Address
City/State/Zip
Old Bridge, NJ 08857
P.O. Box 536
1316 Englishtown Road
P.O. Box 28
Blackrock Enterprises LLC
Street Address
Stilo Excavation Inc.
2907 So Clinton Avenue
City/State/Zip
South Plainfield, NJ 07080
Contractor Name
Contractor Name
CCM Contracting Inc
Street Address
336 Rt. 22
City/State/Zip
Fisher Contracting Inc.
Street Address
10 Short Hills Lane
City/State/Zip
Green Brook, NJ 08812
A13
8,162
LF
2.00
$
16,324.00
$
$0.80
$6,529.60
$0.79
$6,447.98
$0.85
$6,937.70
$0.80
$6,529.60
$0.83
$6,774.46
$0.78
$6,366.36
$0.85
$6,937.70
A14
120
LF
6.00
$
720.00
$
$5.00
$600.00
$4.73
$567.60
$5.20
$624.00
$4.90
$588.00
$4.95
$594.00
$5.04
$604.80
$4.65
$558.00
A15
39
SF
45.00
$
1,755.00
$
$50.00
$1,950.00
$47.25
$1,842.75
$52.00
$2,028.00
$49.50
$1,930.50
$49.50
$1,930.50
$55.00
$2,145.00
$49.50
$1,930.50
A16
160
SY
8.00
$
1,280.00
$
$10.00
$1,600.00
$23.07
$3,691.20
$11.00
$1,760.00
$9.00
$1,440.00
$5.00
$800.00
$8.00
$1,280.00
$4.00
$640.00
A17
160
SY
2.00
$
320.00
$
$2.50
$400.00
$0.83
$132.80
$1.00
$160.00
$0.01
$1.60
$1.00
$160.00
$1.00
$160.00
$4.00
$640.00
A18
160
SY
2.00
$
320.00
$
$0.01
$1.60
$0.22
$35.20
$1.00
$160.00
$0.01
$1.60
$1.00
$160.00
$1.00
$160.00
$4.00
$640.00
$515,325.25
$272,812.43
$302,728.26
$323,064.73
$324,696.91
$366,262.74
$374,743.67
$420,185.00
TOTAL BID + ALTERNATE A
$1,493,092.40
$957,976.89
$963,951.85
$1,074,042.93
$1,096,232.28
$1,213,199.15
$1,121,814.46
$1,221,505.79
TOTAL ALTERNATE BID A
Error in quoted amount - corrected in Total Construction Cost
FERTILIZING AND SEEDING, TYPE A-4
STRAW MULCHING
TRAFFIC MARKINGS LINES, 4"
TRAFFIC MARKINGS LINES, 24"
REGULATORY AND WARNING SIGNAGE
TOPSOIL SPREADING, 4" THICK
Page 2 of 4
New Jersey Department of Transportation
Division of Local Aid And Economic Development
Summary of Bids - State Aid
Item #
Quantity
Unit
Unit Price
Amount
1
1
LS
20,000.00
$
20,000.00
$
2
1
LS
30,000.00
$
30,000.00
$
3
25
UN
25.00
$
625.00
$
4
30
UN
25.00
$
750.00
$
5
80
UN
15.00
$
1,200.00
$
6
100
SF
20.00
$
2,000.00
$
7
480
HR
90.08
$
43,238.40
$
8
1
ALL
50,000.00
$
50,000.00
$
9
1,200
DOL
1.00
$
1,200.00
$
10
1,400
DOL
1.00
$
1,400.00
$
11
21,738
SY
5.00
$
108,690.00
$
12
3,954
SY
8.00
$
31,632.00
$
13
3,954
SY
12.00
$
47,448.00
$
14
953
TON
110.00
$
104,830.00
$
15
2,615
TON
110.00
$
287,650.00
$
16
182
TON
110.00
$
20,020.00
$
17
2,179
GAL
4.25
$
9,260.75
$
18
19,107
LF
2.00
$
38,214.00
$
19
35
UN
500.00
$
17,500.00
$
20
35
UN
500.00
$
17,500.00
$
21
92
SY
150.00
$
13,800.00
$
22
60
SY
80.00
$
4,800.00
$
23
13
SY
350.00
$
4,550.00
$
24
308
SY
120.00
$
36,960.00
$
25
780
LF
45.00
$
35,100.00
$
26
393
LF
70.00
$
27,510.00
$
27
2,420
LF
2.00
$
4,840.00
$
28
1,011
LF
3.00
$
3,033.00
$
29
378
LF
6.00
$
2,268.00
$
30
78
SF
50.00
$
3,900.00
$
31
2
EA
300.00
$
600.00
$
32
604
SY
8.00
$
4,832.00
$
33
604
SY
2.00
$
1,208.00
$
34
604
SY
2.00
$
1,208.00
$
$977,767.15
A1
1,900
DOL
1.00
$
1,900.00
$
A2
3,400
DOL
1.00
$
3,400.00
$
A3
16,538
SY
5.00
$
82,690.00
$
A4
3,008
SY
8.00
$
24,064.00
$
A5
3,008
SY
12.00
$
36,096.00
$
A6
724
TON
110.00
$
79,640.00
$
A7
1,807
TON
110.00
$
198,770.00
$
A8
138
TON
110.00
$
15,180.00
$
A9
1,505
GAL
4.25
$
6,396.25
$
A10
12,540
LF
2.00
$
25,080.00
$
A11
11
SY
150.00
$
1,650.00
$
A12
282
LF
70.00
$
19,740.00
$
HMA MILLING, MORE THAN 3" TO 6"
FUEL PRICE ADJUSTMENT
DENSE-GRADED AGGREGATE BASE COURSE, 6" THICK
HOT MIX ASPHALT 19M64 BASE COURSE, 4" THICK
HOT MIX ASPHALT 9.5M64 SURFACE COURSE, 2" THICK
ALTERNATE BID A
HMA MILLING, 3" OR LESS
FERTILIZING AND SEEDING, TYPE A-4
TOPSOIL SPREADING, 4" THICK
CURB PIECE , TYPE 'N' ECO
CONCRETE SIDEWALK, 4" THICK
TRAFFIC MARKINGS LINES, 24"
REGULATORY AND WARNING SIGNAGE
TOTAL CONSTRUCTION COST
Project
Municipality
County
Engineer's Estimate
RESET REGULATORY AND WARNING SIGN
HOT MIX ASPHALT 9.5M64 SURFACE COURSE, 2" THICK
HOT MIX ASPHALT 19M64 BASE COURSE, 4" THICK
DENSE-GRADED AGGREGATE BASE COURSE, 6" THICK
HMA MILLING, MORE THAN 3" TO 6"
BICYCLE SAFE GRATE
TACK COAT
Middlesex County
CONCRETE DRIVEWAY, REINFORCED, 6" THICK
Description
TRAFFIC CONES
POLYMERIZED JOINT ADHESIVE
HOT MIX ASPHALT 9.5M64 LEVELING COURSE, 0.5" TO 1.5"
THICK
MOBILIZATION
CLEARING SITE
BREAKAWAY BARRICADE
DRUM
CONSTRUCTION SIGNS
TRAFFIC DIRECTOR, FLAGGER
UNIFORMED TRAFFIC DIRECTOR
FUEL PRICE ADJUSTMENT
ASPHALT PRICE ADJUSTMENT
Middlesex 2024 Road Program - LA 2025
Borough of Middlesex
HOT MIX ASPHALT DRIVEWAY, 4" THICK
DETECTABLE WARNING SURFACE
8" X 18" CONCRETE CURB
8" X 18" CONCRETE CURB AND GUTTER
TRAFFIC MARKINGS LINES, 4"
TRAFFIC MARKINGS LINES, 6"
STRAW MULCHING
ASPHALT PRICE ADJUSTMENT
HMA MILLING, 3" OR LESS
,
THICK
TACK COAT
POLYMERIZED JOINT ADHESIVE
CONCRETE DRIVEWAY, REINFORCED, 6" THICK
8" X 18" CONCRETE CURB AND GUTTER
Unit Price
Amount
Unit Price
Amount
Unit Price
Amount
$15,000.00
$15,000.00
$25,000.00
$25,000.00
$5,000.00
$5,000.00
$7,500.00
$7,500.00
$25,000.00
$25,000.00
$10,000.00
$10,000.00
$1.00
$25.00
$1.00
$25.00
$1.00
$25.00
$1.00
$30.00
$1.00
$30.00
$1.00
$30.00
$1.00
$80.00
$1.00
$80.00
$1.00
$80.00
$1.00
$100.00
$1.00
$100.00
$10.00
$1,000.00
$90.08
$43,238.40
$90.08
$43,238.40
$90.08
$43,238.40
$50,000.00
$50,000.00
$50,000.00
$50,000.00
$50,000.00
$50,000.00
$1.00
$1,200.00
$1.00
$1,200.00
$1.00
$1,200.00
$1.00
$1,400.00
$1.00
$1,400.00
$1.00
$1,400.00
$4.35
$94,560.30
$5.00
$108,690.00
$5.00
$108,690.00
$5.75
$22,735.50
$10.00
$39,540.00
$8.00
$31,632.00
$15.00
$59,310.00
$16.50
$65,241.00
$15.00
$59,310.00
$90.00
$85,770.00
$90.00
$85,770.00
$110.00
$104,830.00
$91.00
$237,965.00
$90.00
$235,350.00
$100.00
$261,500.00
$91.00
$16,562.00
$90.00
$16,380.00
$110.00
$20,020.00
$2.00
$4,358.00
$1.00
$2,179.00
$8.00
$17,432.00
$0.55
$10,508.85
$1.00
$19,107.00
$2.00
$38,214.00
$750.00
$26,250.00
$400.00
$14,000.00
$500.00
$17,500.00
$750.00
$26,250.00
$400.00
$14,000.00
$500.00
$17,500.00
$110.00
$10,120.00
$150.00
$13,800.00
$110.00
$10,120.00
$45.00
$2,700.00
$100.00
$6,000.00
$60.00
$3,600.00
$500.00
$6,500.00
$1,000.00
$13,000.00
$300.00
$3,900.00
$92.00
$28,336.00
$150.00
$46,200.00
$81.00
$24,948.00
$32.00
$24,960.00
$50.00
$39,000.00
$40.00
$31,200.00
$74.63
$29,329.59
$50.00
$19,650.00
$50.00
$19,650.00
$0.85
$2,057.00
$0.50
$1,210.00
$1.00
$2,420.00
$1.15
$1,162.65
$1.00
$1,011.00
$1.50
$1,516.50
$4.55
$1,719.90
$5.00
$1,890.00
$5.00
$1,890.00
$45.00
$3,510.00
$10.00
$780.00
$50.00
$3,900.00
$250.00
$500.00
$1,000.00
$2,000.00
$200.00
$400.00
$5.00
$3,020.00
$5.00
$3,020.00
$5.00
$3,020.00
$1.00
$604.00
$5.00
$3,020.00
$1.00
$604.00
$1.00
$604.00
$5.00
$3,020.00
$1.00
$604.00
$817,966.19
$899,931.40
$896,373.90
$1.00
$1,900.00
$1.00
$1,900.00
$1.00
$1,900.00
$1.00
$3,400.00
$1.00
$3,400.00
$1.00
$3,400.00
$4.35
$71,940.30
$5.00
$82,690.00
$5.00
$82,690.00
$5.75
$17,296.00
$10.00
$30,080.00
$8.00
$24,064.00
$25.00
$75,200.00
$16.50
$49,632.00
$15.00
$45,120.00
$90.00
$65,160.00
$90.00
$65,160.00
$110.00
$79,640.00
$91.00
$164,437.00
$90.00
$162,630.00
$100.00
$180,700.00
$91.00
$12,558.00
$90.00
$12,420.00
$110.00
$15,180.00
$2.00
$3,010.00
$1.00
$1,505.00
$8.00
$12,040.00
$0.55
$6,897.00
$1.00
$12,540.00
$2.00
$25,080.00
$110.00
$1,210.00
$500.00
$5,500.00
$100.00
$1,100.00
$74.63
$21,045.66
$50.00
$14,100.00
$50.00
$14,100.00
Contractor Name
Reivax Contracting Corp
Street Address
165 River Road
City/State/Zip
Newark, NJ 07105
Contractor Name
Crossroads Paving
Street Address
386 South Street, Ste 169
City/State/Zip
Flemington, NJ 08822
Hillside, NJ 07205
Contractor Name
PM Construction
Street Address
1310 Central Avenue
City/State/Zip
Page 3 of 4
New Jersey Department of Transportation
Division of Local Aid And Economic Development
Summary of Bids - State Aid
Project
Municipality
County
Engineer's Estimate
Middlesex County
Middlesex 2024 Road Program - LA 2025
Borough of Middlesex
A13
8,162
LF
2.00
$
16,324.00
$
A14
120
LF
6.00
$
720.00
$
A15
39
SF
45.00
$
1,755.00
$
A16
160
SY
8.00
$
1,280.00
$
A17
160
SY
2.00
$
320.00
$
A18
160
SY
2.00
$
320.00
$
$515,325.25
TOTAL BID + ALTERNATE A
$1,493,092.40
TOTAL ALTERNATE BID A
Error in quoted amount - corrected in Total Construction Cost
FERTILIZING AND SEEDING, TYPE A-4
STRAW MULCHING
TRAFFIC MARKINGS LINES, 4"
TRAFFIC MARKINGS LINES, 24"
REGULATORY AND WARNING SIGNAGE
TOPSOIL SPREADING, 4" THICK
Contractor Name
Reivax Contracting Corp
Street Address
165 River Road
City/State/Zip
Newark, NJ 07105
Contractor Name
Crossroads Paving
Street Address
386 South Street, Ste 169
City/State/Zip
Flemington, NJ 08822
Hillside, NJ 07205
Contractor Name
PM Construction
Street Address
1310 Central Avenue
City/State/Zip
$0.85
$6,937.70
$0.50
$4,081.00
$1.00
$8,162.00
$1.15
$138.00
$5.00
$600.00
$5.00
$600.00
$45.00
$1,755.00
$10.00
$390.00
$50.00
$1,950.00
$5.00
$800.00
$5.00
$800.00
$6.00
$960.00
$1.00
$160.00
$5.00
$800.00
$2.00
$320.00
$1.00
$160.00
$5.00
$800.00
$2.00
$320.00
$454,004.66
$449,028.00
$497,326.00
$1,271,970.85
$1,348,959.40
$1,393,699.90
Page 4 of 4
--- Document: RE-ISSUED COMPETITIVE CONTRACT #: 001-2026: INFORMATION TECHNOLOGY AND COMPUTER CONSULTING SERVICES FPR COMPUTERS, PROGRAMS AND PERIPHERAL COMPUTER EQUIPMENT THROUGHOUT THE DEPARTMENTS OF THE BOROUGH OF MIDDLESE ---
1
Borough of Middlesex- Information Technology and Computer Consulting Services, 4/2026
Borough of Middlesex
1200 Mountain Avenue
Middlesex, New Jersey 08846
REQUEST FOR RFP
INFORMATION TECHNOLOGY AND COMPUTER CONSULTING SERVICES FPR
COMPUTERS, PROGRAMS AND PERIPHERAL COMPUTER EQUIPMENT THROUGHOUT
THE DEPARTMENTS OF THE BOROUGH OF MIDDLESEX
RE-ISSUED COMPETITIVE CONTRACT #: 001-2026
The Borough of Middlesex is soliciting proposals through the competitive contracting process in
accordance with N.J.S.A. 40A:11-4.1, et seq.
RFP Proposals shall be submitted to the Borough of Middlesex via Email to; fdecibus at
qpa@middlesexboro-nj.gov no later than 12:00 Noon local prevailing time on Thursday, April 29,
2026. RFP documents are available to download at www.middlesexboro-nj.gov., (RFPS, BIDS
AND RFQS) and the NJ Department of State's Statewide Legal Notices Page at
https://www.nj.gov/state/statewide-legal-notices-list.shtml
Any RFP Addenda will be issued on the website and processed in accordance with N.J.S.A. 40A:11-
23(c)(1). All interested respondents should check the website from now through RFP opening. It is
the sole responsibility of the respondent to be knowledgeable of all addenda related to this
procurement.
Respondents are required to comply with the requirements of N.J.S.A 10:5-31 et seq. and N.J.A.C
17:27 et seq.
Francis J. Decibus, QPA
Purchasing Agent
2
Borough of Middlesex- Information Technology and Computer Consulting Services, 4/2026
Introduction:
The Borough of Middlesex is requesting qualifications and proposals from individuals
and/or firms for computer consulting services. It will be for a term of one (1) year from June 1, 2026
through May 31, 2027, which may be extended for up to four (4) additional (1) year periods at the
discretion of the Borough upon the same terms and conditions, and in accordance with
applicable law. The City seeks Proposals in accordance with the Competitive Contract Procedures
(N.J.S.A. 40A:11-4.1 et seq.).
Required Services:
Middlesex Borough is looking for a new vendor for the following IT support and
management of their network/voice equipment. Support will be broken into two categories, one
for township and one for the police department.
Middlesex Borough would like on-site IT support at least 1 day a week with additional on-
site support as needed. All other support may be remote.
Please provide an optional price for 24/7 IT support for the Police department.
Locations include:
• Borough Hall
• Police Department
• DPW
• Seniors/Rec, Pool
• Parks
Infrastructure includes but not limited to:
Server and Network
• Windows Server 2016/2019/2022
• Windows 10/11
• Virtualization Hypervisor Support (VMware/Hyper-V/KVM)
• Network Attached Storage
• Extreme Networks switches
• Dell Network Switches
3
Borough of Middlesex- Information Technology and Computer Consulting Services, 4/2026
• Windows File/Print Service
• Active Directory
• Group Policy Management
• Backup Maintenance
• Safefleet Body Camera and MDT Camera system
• Police MDT Cradlepoint Wireless Routers
• Datto Networking and Access Points
• Sonicwall Firewall
Hardware:
• Dell Optiplex hardware
• Panasonic Toughbooks
• Dell PowerEdge R640 Servers
• Synology NAS
• Avaya IP Phones
• Lexmark
• HP
• Brother
• Yubi Key tokens
VoIP:
• Avaya VOIP Phone system
• Avaya IP Phones
Security Cameras:
• HIKVision Camera system
Applications:
• SentinelOne ThreatLocker
• InfoCop and eTicket for Police vehicles
• SDL (GeoClient)
• Edmunds Cloud
• Mitchel Humphreys
• GovPilot
• WonderShare
• Microsoft 365 Cloud
• Microsoft Office Suite
• Teledynamics Phone Recording System
• ArcGIS
• AutoCAD
4
Borough of Middlesex- Information Technology and Computer Consulting Services, 4/2026
• Autodesk
Quantities:
Boro Hall, DPW, Senior/Rec, Pool and Parks
TWP Workstations: 38
TWP Laptops: 27
TWP Servers: 6 (2 Physical, 4 virtual)
TWP Storage: 1
TWP Network/Firewall: 3
Police Department
PD Workstations: 35
PD Laptops: 7
PD MDTs: 12
PD Servers: 9 (2 physical, 7 virtual)
PD Storage: 1
PD Network/Firewall: 1
PD Network/Firewall: 5
Deliverables and Duties
General Support (TWP and PD)
• Provide patching, security updates on all servers, workstations and network devices
• Monitor event log activity for indications of security related events
• Provide all server management and maintenance
• Provide capacity management of current infrastructure and plan for future growth
• Troubleshoot all server and workstation issues
• Maintain documentation for IT related areas
• Help develop and maintain disaster recovery plan with business continuity
• Execute annual testing of disaster recovery and business continuity plan
• Will maintain and monitor helpdesk for all support related issues
• Provide offsite backups utilizing the existing solution or proposed new solution
• Provide an SLA for major incidents and response times
• Act as the IT Manager regarding project management and 3rd party liaison
• Manage the Microsoft 365 tenant for the township/PD and all related licensing issues
• Coordinate with budget preparation for all IT related items
• Train township staff in all technology related functions as they relate to the work
environment
5
Borough of Middlesex- Information Technology and Computer Consulting Services, 4/2026
Service Level Agreement
Tier 3 Issues (Low Impact to Business)
Within 4 hrs
Tier 2 Issues (Medium Impact to
Business)
Within 2 hrs
Tier 1 Issues (High Impact to Business)
Within 1 hr
Qualifications
• Vendor’s primary business focus is technology and has the related knowledgebase and
relevant experience appropriate for this evaluation
• Vendor must be in business for at least five (5) years
• Vendors headquarters and staff must be located in New Jersey
• All work will be performed by vendor’s full-time staff and not subcontractors
• Vendor has never declared bankruptcy
• Support requirements include on site/remote support as needed
• Vendor support person must be on site two days a week between 8:30am and 4:30pm
• Vendor will be expected to manage the installation of new equipment (Desktops, network
devices, cable wiring, access points, switches, UPS, etc.)
• Vendor must adhere to all CJIS compliance requirements and pass background checks
• Vendor certifications required include MCSE, A+, VCP, ITIL
• Vendor must be onsite two days a week
Additional Requirements:
Each candidate shall submit proof of business registration with the New Jersey
Division of Taxation (P.L. 2004, C.57) within the time permitted by law. The registration
must be effective as of the time and date for the submission of proposals.
The successful candidate shall be required to comply with the following insurance
requirements:
a.
The Contractor shall be required to carry full insurance including
comprehensive general liability; workman’s compensation insurance;
which shall cover all operations of the Contractor, its employees, agents and
servants hereunder, and; motor vehicle and equipment used by the
Contractor in connection with the Contractor’s operations under the
Contract; Contractor shall provide professional liability (errors & omissions)
insurance for claims arising from any negligent performance of contractors’
services pursuant to the agreement in the amount of $1,000,000 per claim.
Said insurance, by endorsement, shall fully protect the Borough of Middlesex
from liability.
b.
Certificates naming the Borough of Middlesex as an additional named
6
Borough of Middlesex- Information Technology and Computer Consulting Services, 4/2026
insured, and evidencing such insurance coverage, shall be filed with the City
Clerk prior to the commencement of operations here under by the
Contractor.
The following Certificates of Insurance must be furnished:
I.
Worker’s Compensation;
Part Two – Statutory
II.
Comprehensive General Liability:
A. Minimum limits: $1,000,000.00;
Combined Single Limit Coverage to include:
Premise / Operations; Independent Contractors;
Product / Completed Operations;
Contractual; Personal Injury;
Broad Form Property Damage;
Borough of Middlesex as additional insured.
B: Comprehensive General Liability must be
maintained for at least one year after completion of the
contract and its acceptance by the Borough of
Middlesex.
III.
If applicable, Professional Liability insurance in the
amount of not less than $1,000,000.
The certificate of insurance shall designate the Borough of Middlesex as an
additional insured and shall contain a thirty (30) day notice of
cancellation whereby the City Clerk will be provided with a written
notification of cancellation. Said insurance must be paid for a
minimum of six (6) months into the contract period at the time of the
contract.
It is understood and agreed that the Contractor is an independent
Contractor and not an employee of the Borough of Middlesex.
The Contractor agrees to indemnify and hold harmless the Borough of
Middlesex, the Board of Commissioners of the Borough of Middlesex,
and all of its officers, agents and employees of and from any and all
liability for damages for injury to person and property, including death
and against and from all suits and actions and all costs, damages and
7
Borough of Middlesex- Information Technology and Computer Consulting Services, 4/2026
change of whatsoever kind of nature, including attorneys’ fees to
which the Borough of Middlesex maybe put for or on account of any
injury or alleged injury to person, including death, or property,
resulting from the performance of the Contractor’s operations under
this Contract, or by or in consequence of any neglect or omission on
the part of the Contractor in the performance of operations under the
Contract, whether such operations, or in the absence thereof, be by the
Contractor or anyone directly or indirectly employed by or providing services
on behalf of the Contractor.
The Contractor shall hold the Borough of Middlesex harmless for
damages to the Contractor’s Equipment utilized during the term of this
Contract.
The successful Contractor shall be required to execute the form of
hold harmless agreement attached hereto.
Programs of self-insurance are not acceptable.
Professional Information and Qualifications
Copies of this standardized submission requirements and selection criteria are on file and
available from the Office of the City Clerk. Each interested candidate shall submit the following
information within the time permitted by law:
1.
Name of firm, business organization, shareholders and directors with more than a
ten per cent interest in the organization;
2.
Any licenses held by the Proposer or employees of the Proposer (provide copies of
all licenses);
3.
Address of principal place of business and all other offices and corresponding
telephone and fax numbers for all individuals assigned to perform the services;
4.
Description of the Proposer’s qualifications, number of years in business and a
description of their experience with services similar to those described above. This
includes a similar description for all key personnel. Demonstrate ability to comply
with requirements in “Required Services” section of this RFP;
5.
Experience in providing similar services for municipalities, including a
8
Borough of Middlesex- Information Technology and Computer Consulting Services, 4/2026
description of the services you propose to provide to the City to successfully
implement the services;
6.
At least three (3) references, two (2) of which must have knowledge of your
service to public entities;
7.
The organization’s ability to provide the services in a timely fashion (including
staffing, familiarity and location of key staff);
8.
Please fill out the attached Proposal Form. In addition, please provide any further (if
any), cost details, including rates and fees, broken down into specific services to be
provided, a flat fee or fee schedule, the names of each of the individuals who will
perform the services and all expenses and costs for which the Borough will be
responsible. Also advise as to what facilities, materials and equipment the Borough
will be responsible for providing (if any);
9.
Any other information which the interested organization deems relevant;
10.
Statement concerning Ethics Complaint (copy attached);
11.
Statement of Ownership Disclosure (c.52:25-24.2) (copy attached);
12.
Non-Collusion Affidavit (copy attached);
13.
Proof of business registration with the New Jersey Division of Taxation (P.L.
2004 c. 57) (prior to award of contract);
14.
If required by the Borough, criminal background check for all persons who will be
assigned to provide services under this contract shall be provided to the Borough
after the contract is awarded and the contract is contingent upon receipt by the
Borough of satisfactory background checks;
15.
Disclosure of Investment Activities in Iran form (prior to award of contract. Form
attached); and
16.
Certification of Non-Involvement in Prohibited Activities in Russia or Belarus form
(prior to the award of contract. Form attached).
9
Borough of Middlesex- Information Technology and Computer Consulting Services, 4/2026
Evaluation of Proposals/Selection Criteria:
It should be understood by each company submitting a proposal that the Borough must select a
proposal that not only meets and conforms to the scope of work included in the RFP, but also
offers clear and reasonable assurances of successfully meeting the Borough’s needs. The criteria
that will be considered in evaluating proposals are the criteria detailed in the table below. They are
weighted based on importance to the Borough. The points awarded range from 0 to 5, with 5 being
the highest score and 0 the lowest score. After the points are awarded by the evaluator, the
weighting factor will be applied and a total score will be calculated, which will then be
recommended to the Board of Commissioners for the award of the contract. Each area of the
evaluation should be addressed in detail in the company’s proposal. The criteria are as follows:
Criteria
Weighting
Factor
Points 1-5
(5 is the highest)
TECHNICAL CRITERIA
Vendor’s proposal demonstrates a clear
understanding of the scope of work and related
objectives
10%
1-5
MANAGEMENT CRITERIA
History and experience in performing similar
work. Availability of personnel, facilities and
equipment.
Qualification and experience of personnel.
Significant experience representing Government
entities of similar budget.
25%
1-5
PAST EXPERIENCE & PERFORMANCE
References, including Prior Experience in the
Borough of Middlesex, or similar entity
40%
1-5
COST CRITERIA
Cost of Service
25%
1-5
10
Borough of Middlesex- Information Technology and Computer Consulting Services, 4/2026
All professional service contractors are required to comply with 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). The
submission package is printable from the website www.middlesexboro-nj.gov or may be obtained
at the Clerk’s Office, Municipal Building,1200 Mountain Avenue, Middlesex, New Jersey 08846
during regular business hours (9:00 a.m. – 4:00 p.m.).
A contract, if awarded, shall be awarded as permitted by N.J.S.A. 40A:11-4.5 The Borough
reserves the right to waive any informalities in, and/or reject any and all proposals as may be
permitted by law. Under no circumstances shall the provisions of a proposal be subject to
negotiation by the Borough.
Submission Requirements:
Bid documents are available to download at www.middlesexboro-nj.gov. and the NJ Department
of State's Statewide Legal Notices Page at https://www.nj.gov/state/statewide-legal-notices-
list.shtml
Proposals shall be submitted to the Borough of Middlesex via Email; fdecibus at
qpa@middlesexboro-nj.gov no later than 12:00 Noon local prevailing time on Thursday, April 29,
2026. RFP documents are available to download at www.middlesexboro-nj.gov., (RFPS, BIDS
AND RFQS) and the NJ Department of State's Statewide Legal Notices Page at
https://www.nj.gov/state/statewide-legal-notices-list.shtml
Respondents are reminded to ensure all documents related to the award are submitted with their
proposal included in the issued RFP.
11
Borough of Middlesex- Information Technology and Computer Consulting Services, 4/2026
BOROUGH OF MIDDLESEX
PROFESSIONAL SERVICES - 2026
CHECKLIST
PROFESSIONAL SERVICE TITLE: _________________________________________________
Please fill in the appropriate title in the space above.
SUBMISSION DATE: January 28, 2026 at 12:00 PM
The following items, as indicated below (X), shall be provided with the receipt of sealed submissions:
1. Non-Collusion Affidavit …………………………….……………………………… ___X____
2. Stockholder Disclosure Certification ……………………………………….…………. ___X____
3. Insurance Requirement Acknowledgement Form …………..……….……………… ___X____
4. Mandatory Equal Employment Opportunity Notice Acknowledgement ………………___X____
5. Copy of your Business Registration Certificate as issued by the State of
New Jersey, Department of Treasury, Division of Revenue ...……………………….. ___X____
6. Professional Service Entity Information Form ……………………….………………. ___X____
7. Qualifications Submission Form…….………………………………………….……… ___X____
8. Certification of Prohibited Activities In Russia and Belarus & Investment Activities
In Iran Pursuant To P.L.2022,c.3………………………………………………..………. ___X____
9. Acknowledgement of Corrections, Additions or Deletions Form ………………….
___X____
10. Proposal Cost/Signature Form ………………………………..……………..…………..___X____
Reminder
Please submit one (1) original and one (1) additional set of the sealed submission.
Each submission shall be contained in an email to the Municipal Clerk at
clerk@middlesexboro-nj.gov .
The submission is to be clearly marked (indicating the category of the professional service) –
“Sealed Submission Enclosed” (e.g. Borough Auditor – sealed submission enclosed) and must
be delivered at the place and time required so as to be received prior to the opening time set in
the advertisement.
12
Borough of Middlesex- Information Technology and Computer Consulting Services, 4/2026
Submissions received after the hour herein named or in unsealed envelopes shall not be
considered.
BOROUGH OF MIDDLESEX
BID PROPOSAL FORM/SIGNATURE PAGE
PROFESSIONAL SERVICES - 2026
TO THE BOROUGH OF MIDDLESEX:
The undersigned declares that he/she has read the Notice, Instructions, Affidavits and Scope of
Services attached, that he/she has determined the conditions affecting the bid and agrees, if this bid
is accepted, to furnish and deliver services per the following:
PROFESSIONAL SERVICES
FEE SCHEDULE SUBMITTED Yes No
(Corporation)
The undersigned is a (Partnership) under the laws of the State of __________________________ having its
(Individual)
Principal office at
Company
Federal I.D. # or Social Security #
Address
Signature of Authorized Agent
Type or Print Name
Title of Authorized Agent
Date
Telephone Number
Email Address
Fax Number
13
Borough of Middlesex- Information Technology and Computer Consulting Services, 4/2026
BOROUGH OF MIDDLESEX
QUALIFICATIONS SUBMISSION FORM
1.
Names and roles of the individuals who will perform the services and description of their
education and experience with projects similar to the services contained herein including
their education, degrees and certifications:
2.
References and record of success of same or similar service:
3.
Description of ability to provide the services in a timely fashion (including staffing,
familiarity and location of key staff):
14
Borough of Middlesex- Information Technology and Computer Consulting Services, 4/2026
4. Cost details, including the hourly rates of each of the individuals who will perform
services, including their title, level of expertise and years of experience, and all expenses:
Firm __________________________________________ Date: _________________________
Authorized Representative (Print):___________________________________________________
Signature: ________________________ Title:________________________________________
Telephone #: _____________________ Fax #: ______________________________________
15
Borough of Middlesex- Information Technology and Computer Consulting Services, 4/2026
BOROUGH OF MIDDLESEX
PROFESSIONAL SERVICE ENTITY INFORMATION FORM
If the Professional Service Entity is an INDIVIDUAL, sign name and give the following information:
Name:______________________________________________________________________________________________
Address:_____________________________________________________________________________________________
Telephone No.: ____________________Social Security No.:___________________________________________________
Fax No.: _______________________ E-Mail: _____________________________________________________________
If individual has a TRADE NAME, give such trade name:
Trading As: _________________________________ Telephone No.: ___________________________________________
****************************************************************************************************
If the Professional Service Entity is a PARTNERSHIP, give the following information:
Name of
Partners:_____________________________________________________________________________________________
Firm
Name:_______________________________________________________________________________________________
Address:_____________________________________________________________________________________________
Telephone No.: ____________________________ Federal I.D. No.:_____________________________________________
Fax No.: ______________________ E-Mail:_______________________________________________________________
Social Security No.:___________________________________________________________________________________
Signature of authorized agent:____________________________________________________________________________
****************************************************************************************************
If the Professional Service Entity is INCORPORATED, give the following information:
State under whose laws incorporated:_____________________________________________________________________
Location of principal office:_____________________________________________________________________________
Telephone No.: ____________________ Federal I.D. No.: ____________________________________________________
Fax No.: _______________________ E-Mail:_______________________________________________________________
Name of agent in charge of said office upon whom notice may be legally served:
____________________________________________________________________________________________________
Telephone No.: ___________________Name of Corporation: __________________________________________________
Signature: By: __________________________________________________________
Title: Address: ______________________________________________________________
16
Borough of Middlesex- Information Technology and Computer Consulting Services, 4/2026
BOROUGH OF MIDDLESEX
OWNERSHIP STATEMENT - STOCKHOLDER DISCLOSURE FORM
LEGAL NAME OF BIDDER: ___________________________________________________________
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
Other, Please List __________________________________
List the names and addresses of all stockholders who own ten (10%) percent or more of the above company’s stock, and if
there are NO STOCKHOLDERS OF 10% OR MORE, simply check the second box below. If one or more such
stockholders or partner is itself a corporation or partnership, the stockholders holding 10% or more of that corporation's stock,
or the individual partners owning 10% of that corporation's stock, or the individual partners owning 10% or greater interest
in that partnership, as the case may be, must also be listed.
The disclosure shall be continued until names and addresses of every person who is a non-corporate stockholder,
or individual partner, exceeding the 10% ownership criteria established in this act, has been listed, in full
compliance with Chapter 33 of the New Jersey Public Laws of 1977.
BIDDERS/RESPONDENTS MUST CHECK THE APPROPRIATE BOX:
I certify that the list below contains the names and addresses of all stockholders holding 10% or more of the issued
and outstanding stock of the undersigned.
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned.
Publicly Traded - For publicly traded entities to comply with N.J.S.A. 52:25-24.2 they may submit the name and address of
each publicly traded entity, and the name and address of each person holding 10% or more beneficial interest in the publicly
traded entity as of the last annual filling with the Security Exchange Commission (SEC), or foreign equivalent
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing, or foreign equivalent:
____________________________________________________________________________________________
The requested information is available on the following page number(s) of the SEC, or foreign equivalent, filing:
____________________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
(Note: Attach additional pages if necessary)
________________________________________________________________
______________
(Respondent/Respondent Authorized Signature)
(Date)
___________________________________________
______________________________________
(Print name of authorized signatory)
(Title)
17
Borough of Middlesex- Information Technology and Computer Consulting Services, 4/2026
BOROUGH OF MIDDLESEX
NON-COLLUSION AFFIDAVIT
State of _____________
County of _____________
ss:
I, _____________________________ of the City of _______________________________
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 bidder making this Proposal for the above named project, and that I executed the said proposal
with full authority so to do; that said bidder has not, directly or indirectly entered into any agreement,
participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding
in connection with the above named project; and that all statements contained in said proposal and
in this affidavit are true and correct, and made with full knowledge that the Borough of Middlesex
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_________________________________.
(Name of Contractor)
(N.J.S.A. 52:34-15)
Subscribed and sworn to
Before me this _______day
Of ___________, _______.
Signature
(Type or print name of affiant under signature)
_______________________________________
Notary public of
My Commission expires ___________________.
18
Borough of Middlesex- Information Technology and Computer Consulting Services, 4/2026
BOROUGH OF MIDDLESEX
INSURANCE REQUIREMENTS AND ACKNOWLEDGEMENT FORM
Certificate(s) of Insurance shall be filed with the Borough Clerk’s Office upon award of
contract by the Mayor and Borough Council.
The minimum amount of insurance to be carried by the Professional Service Entity shall
be as follows:
PROFESSIONAL LIABILITY INSURANCE
Limits shall be a minimum of $2,000,000.00 for each claim and $4,000,000.00 aggregate
each policy period.
Acknowledgement of Insurance Requirement:
________________________________________________________________
(Signature)
(Date)
________________________________________________________________
(Printed Name and Title)
19
Borough of Middlesex- Information Technology and Computer Consulting Services, 4/2026
EXHIBIT A
EEO/AFFIRMATIVE ACTION COMPLIANCE NOTICE
N.J.S.A. 10:5-31 and N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance
to the Borough and Division of Public Contracts Equal Employment Opportunity Compliance. During
a review, Division representatives will review the Borough files to determine whether the affirmative
action evidence has been submitted by the vendor/contractor. Specifically, each vendor/contractor
shall submit to the Borough, prior to execution of the contract, one of the following documents:
Goods and General Service Vendors
1. Letter of Federal Approval indicating that the vendor is under an existing federally approved or
sanctioned affirmative action program. A copy of the approval letter is to be provided by the
vendor to the Borough and the Division. This approval letter is valid for one year from the date
of issuance.
Do you have a federally-approved or sanctioned EEO/AA program?
Yes
No
If yes, please submit a photo static copy of such approval.
2. A Certificate of Employee Information Report (hereafter “Certificate”), issued in accordance with
N.J.A.C. 17:27-1.1 et seq. The vendor must provide a copy of the Certificate to the Borough as
evidence of its compliance with the regulations. The Certificate represents the review and
approval of the vendor’s Employee Information Report, Form AA-302 by the Division. The period
of validity of the Certificate is indicated on its face. Certificates must be renewed prior to their
expiration date in order to remain valid.
Do you have a State Certificate of Employee Information Report Approval?
Yes
No
If yes, please submit a photo static copy of such approval.
3. The successful vendor shall complete an Initial Employee Report, Form AA-302 and submit it to
the Division with $150.00 Fee and forward a copy of the Form to the Borough. Upon submission
and review by the Division, this report shall constitute evidence of compliance with the
regulations. Prior to execution of the contract, the EEO/AA evidence must be submitted.
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on
the Division website www.state.nj.us/treasury/contract_compliance.
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal
Employment Opportunity Compliance, with a copy to Public Agency.
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 and N.J.A.C. 17:27 and agrees to furnish the required forms of
evidence.
The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27.
COMPANY: ______________________________ SIGNATURE: ____________________________
PRINT NAME:___________________________ TITLE: __________________________________
DATE: __________________
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Borough of Middlesex- Information Technology and Computer Consulting Services, 4/2026
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 Borough employment goals established
in accordance with N.J.A.C. l7:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited
to, employment agencies, placement bureaus, colleges, universities, 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 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 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 www.state.nj.us/treasury/contract_compliance).
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
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Borough of Middlesex- Information Technology and Computer Consulting Services, 4/2026
SAMPLE CERTIFICATE OF EMPLOYEE INFORMATION REPORT
22
Borough of Middlesex- Information Technology and Computer Consulting Services, 4/2026
BOROUGH OF MIDDLESEX
AMERICANS WITH DISABILITIES ACT OF 1990
Equal Opportunity for Individuals with Disability
The Contractor and the Owner, do hereby agree that the provisions of Title 11 of the Americans With
Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 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 owner 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 owner in any action or administrative proceeding commenced pursuant to this Act. The contractor
shall indemnify, protect, and save harmless the 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 owner’s grievance procedure, the contractor agrees
to abide by any decision of the owner which is rendered pursuant to said grievance procedure. If any
action or administrative proceeding results in an award of damages against the owner, or if the 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 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 owner or any of its agents, servants, and
employees, the owner shall expeditiously forward or have forwarded to the contractor every demand,
complaint, notice, summons, pleading, or other process received by the owner or its representatives.
It is expressly agreed and understood that any approval by the 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 owner pursuant to this
paragraph.
It is further agreed and understood that the 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 owner from taking any other actions available to it
under any other provisions of the Agreement or otherwise at law.
23
Borough of Middlesex- Information Technology and Computer Consulting Services, 4/2026
BOROUGH OF MIDDLESEX
THESE ARE SAMPLES OF THE ONLY ACCEPTABLE
BUSINESS REGISTRATION CERTIFICATES
PREFER SUBMITTED WITH BID RESPONSE
REQUIRED BY LAW PRIOR TO AWARD OF CONTRACT
24
Borough of Middlesex- Information Technology and Computer Consulting Services, 4/2026
CERTIFICATION OF NON‐INVOLVEMENT IN
PROHIBITED ACTIVITIES IN RUSSIA OR BELARUS
Pursuant to N.J.S.A. 52:32-60.1, et seq. (L. 2022, c. 3) any person or entity (hereinafter “Vendori”) that seeks to
enter into or renew a contract with a State agency for the provision of goods or services, or the purchase of bonds
or other obligations, must complete the certification below indicating whether or not the Vendor is identified on the
Office of Foreign Assets Control (OFAC) Specially Designed Nationals and Blocked Persons list, available here:
https://sanctionssearch.ofac.treas.gov/. If the Department of the Treasury finds that a Vendor has made a
certification in violation of the law, it shall take any action as may be appropriate and provided by law, rule or
contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the
party in default and seeking debarment or suspension of the party.
I, the undersigned, certify that I have read the definition of “Vendor” below, and have reviewed the Office of Foreign
Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, and having done so certify:
(Check the Appropriate Box)
A. That the Vendor is not identified on the OFAC Specially Designated Nationals and Blocked Persons list
on account of activity related to Russia and/or Belarus.
OR
B. That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially
Designated Nationals and Blocked Persons list on account of activity related to Russia and/or Belarus.
OR
C. That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially
Designated Nationals and Blocked Persons list. However, the Vendor is engaged in activity related to
Russia and/or Belarus consistent with federal law, regulation, license or exemption. A detailed description
of how the Vendor’s activity related to Russia and/or Belarus is consistent with federal law is set forth
below.
Signature of Vendor’s Authorized Representative
Date
Print Name and Title of Vendor’s Authorized Representative
Vendor Name
Vendor Phone Number
Vendor Address (Street Address)
Vendor Fax Number
Vendor Address (City/State/Zip Code)
Vendor Email Address for Authorized Representative
______________________________________________
i Vendor means: (1) A natural person, corporation, company, limited partnership, limited liability partnership, limited liability company,
business association, sole proprietorship, joint venture, partnership, society, trust, or any other nongovernmental entity, organization, or
group; (2) Any governmental entity or instrumentality of a government, including a multilateral development institution, as defined in
Section 1701(c)(3) of the International Financial Institutions Act, 22 U.S.C. 262r(c)(3); or (3) Any parent, successor, subunit, direct or
indirect subsidiary, or any entity under common ownership or control with, any entity described in paragraph (1) or (2).
NJ Rev. 1.22.2024
(Attach Additional Sheets If Necessary.)
25
Borough of Middlesex- Information Technology and Computer Consulting Services, 4/2026
Disclosure of Investment Activities in Iran
Person or Entity
Part 1: Certification
COMPLETE PART 1 BY CHECKING EITHER BOX.
Pursuant to Public Law 2012, c. 25, any person or entity that is a successful bidder or proposer, or otherwise proposes
to enter into or renew a contract, must complete the certification below to attest, under penalty of perjury, that neither
the person or entity, nor any parent entity, subsidiary, or affiliate is identified on the State Department of Treasury's
Chapter 25 list as a person or entity engaging in investment activities in Iran. The list is found on Treasury’s website
at www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf.
The Chapter 25 list must be reviewed prior to completing the below certification. If a vendor or contractor is found
to be in violation of law, action may be taken as appropriate and as may provided by law, rule or contract, including
but not limited to imposing sanctions, seeking compliance, recovering damages, declaring the party in default and
seeking debarment or suspension of the party.
I certify, pursuant to Public Law 2012, c. 25, that neither the person or entity listed above,
nor any parent entity, subsidiary, or affiliate thereof is listed on the N.J. Department of the
Treasury’s list of entities determined to be engaged in prohibited activities in Iran pursuant
to P.L. 2012, c. 25 ("Chapter 25 List"). I further certify that I am the person listed above,
or I am an officer or representative of the entity listed above and am authorized to make
this certification on its behalf. I will skip Part 2 and sign and complete the Certification
below.
OR
I am unable to certify as above because the person or entity and/or a parent entity,
subsidiary, or affiliate thereof is listed on the N.J. Department of the Treasury’s Chapter
25 list. I will provide a detailed, accurate and precise description of the activities in Part 2
below sign and complete the Certification below.
26
Borough of Middlesex- Information Technology and Computer Consulting Services, 4/2026
Part 2: Additional Information
PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN.
You must provide a detailed, accurate and precise description of the activities of the person or entity, or a parent entity,
subsidiary, or affiliate thereof engaging in investment activates in Iran below and, if more space is needed, on
additional sheets provided by you.
Part 3: Certification of True and Complete Information
I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any
attachments there to the best of my knowledge are true and complete. I attest that I am authorized to execute this
certification on behalf of the above-referenced person or entity.
I acknowledge that the Name of Contracting Unit is relying on the information contained herein and thereby
acknowledge that I am under a continuing obligation from the date of this certification through the completion of
any contracts with the Reference to Contracting Unit to notify the Reference to Contracting Unit in writing of
any changes to the answers of information contained herein.
I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in
this certification, and if I do so, I recognize that I am subject to criminal prosecution under the law and that it will
also constitute a material breach of my agreement(s) with the Name of Contracting Unit and that the Reference
to Contracting Unit at its option may declare any contract(s) resulting from this certification void and
unenforceable.
Full Name (Print)
Title
Signature
Date
Borough of Middlesex- Information Technology and Computer Consulting Services
BOROUGH OF MIDDLESEX
ACKNOWLEDGMENT OF RECEIPT OF ADDENDA
The undersigned Bidder hereby acknowledges receipt of the following Addenda:
ADDENDUM
NUMBER
DATE
ACKNOWLEDGE RECEIPT
(Initial)
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
No Addenda were received:
Acknowledged for:
(Name of Bidder)
By:
(Signature of Authorized Representative)
Name:
(Print or Type)
Title:
Date:
--- Document: Bid 01-26 Tree Removal, Tree Trimming, Stump Grinding. ---
Borough of Middlesex
1200 Mountain Avenue
Middlesex, New Jersey 08846
NOTICE TO BIDDERS
BID #01-26
Sealed bids will be received by the Purchasing Agent for the Borough of Middlesex on April
15, 2026 at 3:00 P.M prevailing time at the Borough of Middlesex, 1200 Mountain Avenue,
Middlesex, NJ 08846 for: Bid 01-26 Tree Removal, Tree Trimming, Stump Grinding.
Bid documents are available to download at www.middlesexboro-nj.gov. and the NJ
Department of State's Statewide Legal Notices Page at
https://www.nj.gov/state/statewide-legal-notices-list.shtml
Bid responses must be made on the standard proposal forms, be enclosed in a sealed
package bearing the name and address of the bidder and the “BID TITLE NAME” on the
outside, addressed to Francis J. Decibus, QPA, at the address above.
Any Bid Addenda will be issued on the Borough website. All interested bidders should check the
website from now through bid opening. It is the sole responsibility of the respondent to be
knowledgeable of all addenda related to this procurement.
Bidders shall comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17-27 et seq.
Francis J. Decibus, QPA
BOROUGH OF MIDDLESEX
GENERAL INSTRUCTIONS
1.
SUBMISSION OF BIDS
A. Sealed bids shall be received in accordance with public advertisement as required by law,
a copy of said notice being attached hereto and made a part of these specifications.
B. Each bid shall be submitted on the proposal form attached, in a sealed envelope
(1) Addressed to the Purchasing Agent, 1200 Mountain Avenue, Middlesex, NJ 08846
(2) Bearing the name and address of the bidder on the outside
(3) Clearly marked “BID” with the name of the item(s) being bid.
Provide One (1)
Original & One (1) copy of the bid. Faxed or emailed bids will NOT be accepted.
C. It is the bidder’s responsibility to see that bids are presented to the Purchasing Agent on
the hour and at the place designated. Bids may be hand delivered or mailed; however, the
Borough disclaims any responsibility for bids forwarded by regular or express mail. If the
bid is sent by express mail, the designation in B. above must also appear on the
outside of the express company envelope. Bids received after the designated time and
date will be returned unopened.
D. The Borough reserves the right to postpone the date for presentation and opening of bids
and will give written notice of any such postponement to each perspective bidder as
required by law.
E. Sealed bids forwarded to the owner before the time of opening of bids may be withdrawn
upon written application of the bidder who shall be required to produce evidence showing
that the individual is or represents the principal or principals involved in the bid. Once bids
have been opened, they shall remain firm for a period of sixty (60) calendar days.
F. Each bid proposal form must give the full business address, business phone, fax, e-mail,
the contact person of the bidder, and be signed by an authorized representative as follow:
• Bids by partnerships 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.
• Bids 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
designation of the president, secretary or other person authorized to bind the
corporation in the matter.
• Bids by sole-proprietorship shall be signed by the proprietor.
• When requested, satisfactory evidence of the authority of the officer signing shall be
furnished.
G. Multiple Bids Not Accepted
More than one bid from an individual, a firm or partnership, a corporation or association
under the same or different names shall not be considered.
H. Official Request for Bid packages are available from the Borough’s website at
www.middlesexboro-nj.gov at no cost to the prospective bidders. All addenda are posted
on the Borough site and issued in accordance with N.J.S.A. 40A:11-23(c)(1). Potential
bidders are cautioned that they are bidding at their own risk if a third party supplied the
specifications that may or may not be complete. The Borough of Middlesex is not
responsible for third party supplied specifications.
I. Deadline to submit questions is Monday, April 6, 2026 at 12:00 Noon
2.
BID SECURITY
The following provisions, if indicated by an (x), shall be applicable to this bid and be
made a part of the bidding documents:
A.
BID GUARANTEE
Bidder shall submit with the bid a certified check, cashier’s check or bid bond in the amount
of ten percent (10%) of the total price bid, but not in excess of $20,000, payable
unconditionally to the Borough of Middlesex.
When submitting a Bid Bond, it shall contain Power of Attorney for full amount of Bid Bond
from a surety company authorized to do business in the State of New Jersey and acceptable
to the Borough of Middlesex.
The check or bond of the unsuccessful bidder(s) shall be returned as prescribed by law. The
check or bond of the bidder to whom the contract is awarded shall be retained until a
contract is executed and the required performance bond or other security is submitted.
The check or bond of the successful bidder shall be forfeited if bidder fails to enter into
contract pursuant to statute. Failure to submit required guarantee shall be cause for
rejection of the bid.
B.
CONSENT OF SURETY
Bidder shall submit with the bid a Certificate (Consent of Surety) with Power of Attorney
for full amount of bid price from a Surety Company authorized to do business in the State
of New Jersey and acceptable to the Borough of Middlesex stating that it will provide said
bidder to whom the contract is awarded will furnish Performance and Payment Bonds from
an acceptable surety company on behalf of said bidder, in performance security equal to
the total amount of the contract, pursuant to statute.
Failure to submit this shall be cause for rejection of the bid.
C.
PERFORMANCE BOND
Successful bidder shall simultaneously with the delivery of the executed contract, submit
an executed bond in the amount of one hundred percent (100%) of the acceptable bid as
security for the faithful performance of this contract.
The performance bond provided shall not be released until final acceptance of the whole
work and then only if any liens or claims have been satisfied. The surety on such bond or
bonds shall be a duly authorized surety company authorized to do business in the State of
New Jersey pursuant to N.J.S.A. 17:31-5. For multi-year contracts, the Performance Bond
may be resubmitted each year on the Contract Anniversary Date for the amount remaining
on the contract.
Failure to submit this with the executed contract shall be cause for declaring contract null
and void pursuant to N.J.S.A. 40A:11-22.
D.
LABOR AND MATERIAL (PAYMENT) BOND
The successful bidder shall with the delivery for the performance bond submit an executed
payment bond to guarantee payment to laborers and suppliers for the labor and material
used in the work performed under the contract.
Failure to submit a labor and material bond with the performance bond shall be cause for
declaring the contract null and void.
E.
MAINTENANCE BOND
Upon acceptance of the work by the Borough of Middlesex, the contractor shall submit a
maintenance bond (N.J.S.A. 40A:1-16.3) in an amount not to exceed 100% of the project
costs guaranteeing against defective quality of work or materials for the period of:
1 Year
2 Years
3 Years
3.
PREPARATION OF BIDS (PRICING INFORMATION AND FORMS)
A. (1) The Borough of Middlesex is exempt from any local, state or federal sales, use or excise
tax. The Borough will not pay for New Jersey State Sales and Use Tax that are included
in any invoices. The Borough will not pay service charges such as interest and late fees.
(2) The Borough of Middlesex or any of its offices and divisions will not complete credit
applications as a result of contract(s) resulting from award based on these specifications.
B. Bids shall be signed in ink (Original Signature Required) by the bidder, all quotations shall
be made with a typewriter/computer or pen and ink. Any quotation showing any erasure
alteration must be initialed by the bidder in ink. Unit prices and totals are to be inserted in
spaces provided.
C. Failure to sign and give all information in the bid may result in the bid being rejected.
D. Estimated Quantities (Open-Ended Contracts, Purchase as Needed) The Borough of
Middlesex has attempted to identify the item(s) and the estimated amounts of each item
bid to cover its requirements; however, past experience shows that the amount ordered
may be different than that submitted for bidding. The right is reserved to decrease or
increase the quantities specified in the specifications pursuant to N.J.A.C. 5:30-11.2 and
11.10. NO MINIMUM PURCHASE IS IMPLIED OR GUARANTEED.
E. Bidders shall insert prices for furnishing goods and services required by these specifications.
Prices shall be net including any charges for packing, crating, containers etc. All
transportation charges shall be fully prepaid by the contractor, F.O.B. destination and
placement at locations specified by the Borough. No additional charges will be allowed for
any transportation costs resulting from partial shipments made at vendor’s convenience
when a single shipment is ordered.
F. Any bidder may withdraw his bid at any time before the time set for receipt of bids. No bid
may be withdrawn in the 60-day period after the bids are received.
G. All forms shall be completed and attached to the bid proposal. BIDDER IS ALERTED TO
THE BID DOCUMENT CHECKLIST PAGE.
H. Results of all bids are posted on the Borough website www.middlesexboro-nj.gov
4.
FIRM FIXED CONTRACT
This is a firm fixed contract, prices firm, FOB Borough of Middlesex locations. No price
escalation. The vendor shall void the contract and permit the Borough to solicit open market
pricing should any price increase or surcharge be imposed.
5.
INTERPRETATIONS AND ADDENDA
A. The bidder understands and agrees that its bid is submitted on the basis of the specifications
prepared by the Borough. The bidder accepts the obligation to become familiar with these
specifications.
B. Bidders are expected to examine the specifications and related documents with care and
observe all their requirements. Ambiguities, errors, or omissions noted by bidders should
be promptly reported in writing to the Purchasing Agent. In the event the bidder fails to
notify the Borough of such ambiguities, errors or omissions, the bidder shall be bound by
the bid.
C. No oral interpretation of the meaning of the specifications will be made to any bidder. Every
request for an interpretation shall be in writing, addressed to the Purchasing Agent,
referencing the Contract Name and Contract Number in the subject line, at
cmodica@middlesexboro-nj.gov. In order to be given consideration, written requests for
interpretation and or clarification must be received at last three (3) business days prior to
the date fixed for the opening of the bids.
D. 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 bidders. All
addenda so issued shall become part of the specification and bid documents and shall be
acknowledged by the bidder by completing the Acknowledgement of Receipt of Addenda
form. The Borough’s interpretations or corrections thereof shall be final.
Pursuant to N.J.S.A. 40A:11-23(c)(1) when issuing addenda, the owner shall provide
required notice prior to official receipt of bids to any person who has submitted a bid or who
has received a bid package. They will be sent via electronic transmissions to those known
recipients of the bid specifications.
E. Discrepancies in Bids
1. If the amount shown in words and its equivalent 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 price shall prevail. IN the event there is an error of the summation of the
extended totals, the computation by the Borough of the extended totals shall govern.
6.
BRAND NAMES, STANDARDS OF QUALITY AND PERFORMANCE
A. Brand names and or descriptions used in this bid are to acquaint bidders with the type of
commodity desired and will be used as a standard by which alternate or competitive
materials offered will be judged. Competitive items must be equal to the standard described
and be of the same quality of work.
B. Variations between the goods and services described and the goods and services offered
are to be fully identified and explained by the bidder on a separate sheet and submitted
with the bid proposal form. Vendor’s literature will not suffice in explaining exceptions to
these specifications. In the absence of any exceptions by the bidder, it will be presumed
and required that materials as described in the proposal be delivered.
C. It is the responsibility of the bidder to demonstrate the equivalency of goods and services
offered. The Borough reserves the right to evaluate equivalency of a product which, in its
deliberations, meets its requirements.
D. In submitting its bid, the bidder certifies that the goods or services to be furnished will not
infringe upon any valid patent or trademark and that the successful bidder shall, at its own
expense, defend any and all actions or suits charging such infringement, and will save the
Borough of Middlesex harmless from any damages resulting from such infringement.
E. Only manufactured and farm products of the United States, wherever available, shall be
used pursuant to N.J.S.A. 40A:11-18.
F. Wherever practical and economical to the Borough, it is desired that recycled or recyclable
products be provided. Please indicate when recycled products are being offered.
G. The contractor shall guarantee any or all goods and services supplied under these
specifications. Defective or inferior goods shall be replaced at the expense of the contractor.
The contractor will be responsible for return freight or restocking charges.
7.
METHOD OF CONTRACT AWARD
A. The Borough reserves the right to accept or reject any or all bids, to waive identified
irregularities and technicalities, and to award in whole or in part to the lowest responsible
bidder, if it is in the best interest of the Borough to do so. Without limiting the generality
of the foregoing, any bid which is incomplete, obscure, or irregular may be rejected, any
bid having erasures or corrections in the price sheet may be rejected, any bid in which unit
prices are omitted, or in which unit/total prices are unbalanced, may be rejected, any bid
accompanied by any insufficient or irregular certified check, cashier’s check or bid bond
may be rejected.
B. The Borough of Middlesex further reserves the right to award each item separately to the
lowest responsible bidder meeting specifications or to make an award based on the total
bid to the bidder whose total sum is the low bid meeting the specifications, whichever in
the awarding authorities’ opinion is in the best interest of the Borough. Without limiting
the generality of the foregoing, the Borough reserves the right to award a contract based
on either option that may be described in the bid proposal or based on any combination
thereof.
C. The Borough may also elect to award the contract on the basis of unit prices.
D. The Borough reserves the right to award equal or tie bids at their discretion to any one of
the tie bidders.
E. Should the bidder, to whom the contract is awarded, fail to enter into a contract, the
Borough may then, at its option, accept the bid of the next lowest responsible bidder.
F. The effective period of this contract will be two years unless otherwise noted in the
specifications. Continuation of the terms of this 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 Borough reserves the right to cancel this contract.
G. The form of contract shall be submitted by the Borough to the successful bidder. Terms of
the specifications/bid package prevail. Bidder exceptions must be formally accepted by the
Borough; material exceptions shall not be approved.
H. Government entities are not private business/consumer clients; therefore, separate
company agreements are not honored. Terms of the specifications/bid package prevail
unless otherwise noted by the vendor as exceptions.
8.
CAUSES FOR REJECTING BIDS
Bids may be rejected for any of the following reasons:
A. All bids pursuant to N.J.S.A. 40A:11-13.2;
B. If more than one bid is received from an individual, firm or partnership, corporation, or
association under the same name;
C. Multiple bids from an agent representing competing bidders;
D. The bid is inappropriately unbalanced;
F. If the successful bidder 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 Borough may accept the bid of the next lowest responsible bidder. (N.J.S.A.
40A:11-24b); or
G. The successful bidder is not deemed “Responsive” or “Responsible”. (N.J.S.A. 40A:11-2).
9.
NEW JERSEY PREVAILING AGE ACT (When Applicable) N.J.S.A. 34:11-56.25 et seq.
Pursuant to N.J.S.A. 34:11-56.25 et seq., contractors on projects for public work shall adhere
to all requirements of the New Jersey Prevailing Wage Act. The contractor shall be required
to submit a certified payroll record to the owner within ten (10) days of the payment of
wages. The contractor is also responsible for obtaining and submitting all subcontractors’
certified payroll records within the aforementioned time period. The contractor shall submit
said certified payrolls in the form set forth in N.J.A.C. 12:60-6.1(c).
It is the contractor’s
responsibility to obtain any additional copies of the certified payroll form to be submitted by
contacting the New Jersey Department of Labor and Workforce Development, Division of
Workplace Standards. Additional information is available at
http://lwd.dol.state.nj.us/labor/wagehour/wagerate/wage_rates.html.
10.
THE PUBLIC WORKS CONTRACTOR REGISTRATION ACT–N.J.S.A. 34:11-56.48 et seq.
N.J.S.A. 34:11-56.48 et seq. requires that a general or prime contractor and any listed
subcontractors named in the contractor’s bid proposal shall possess a certificate at the time
the bid proposal is submitted. After bid proposals are received and prior to award of contract,
the successful contractor shall submit a copy of the contractor’s certification along with those
of all listed subcontractors. All non-listed subcontractors and lower tier sub-subcontractors
shall be registered prior to starting work on the project. It is the general contractor’s
responsibility that all non-listed sub-contractors at any tier have their certificate prior to
starting work on the job.
Under the law a “contractor” is “a person, partnership, association, joint stock company, trust,
corporation or other legal business entity or successor thereof who enters into a contract” which
is subject to the provisions of the New Jersey Prevailing Wage Act (N.J.S.A. 34: 11-56.25, et
seq.) It applies to contractors based in New Jersey or in another state.
The law defines “public works projects” as contracts for “public work” as defined in the
Prevailing Wage statue (N.J.S.A. 34:11-56.25(5)). The term means:
•
“Construction, reconstruction, demolition, alteration, or repair work, or maintenance
work, including painting and decorating, done under contract and paid for in whole or
in part out of the funds of a public body, except work performed under a rehabilitation
program.
•
“Public work” shall also mean construction, reconstruction, demolition, alteration, or
repair work, done on any property or premises, whether or not the work is paid for from
public funds…”
•
“Maintenance work” means the repair of existing facilities when the size, type or extent
of such facilities is not thereby changed or increased. White “maintenance” includes
painting and decorating and is covered under the law, it does not include work such as
routine landscape maintenance or janitorial services.
To register, a contractor must provide the State Department of Labor and Workforce
Development with a full and accurately completed application form. The form is available online
at http://lwd.dol.state.nj.us/labor/wagehour/regperm/pw_cont_reg.html.
N.J.S.A. 34:11-56.55 specifically prohibits accepting applications for registration as a substitute
for a certificate or registration.
11.
NON-COLLUSION AFFIDAVIT – N.J.S.A. 52:34-15
The Non-Collusion Affidavit, which is part of these specifications, shall be properly executed
and submitted intact with the proposal.
12.
NEW JERSEY ANTI-DISCRIMINATION – N.J.S.A. 10:2-1
There shall be no discrimination against any employee engaged in the work required to produce
the goods and services covered by any contract resulting from this bid, or against any applicant
to such employment because of race, religion, sex, national origin, creed, color, ancestry, age,
marital status, affectional or sexual orientation, familial status, liability for service in the Armed
Forces of the United States, or nationality. This provision shall include, but not be limited to
the following: employment upgrading, demotion, transfer, recruitment
or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation, and selection
for training, including apprenticeship. The contractor shall insert a similar provision in all
subcontracts for services to be covered by any contract resulting from this bid.
13.
MANDATORY EEO/AFFIRMATIVE ACTION EVIDENCE – N.J.S.A. 10:5-31 et seq. and
N.J.A.C. 17-27 et seq.
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. as administered by the Division of
Purchase & Property Contract Compliance and Audit Unit (Division) and provided below. The
contract will include the language included as attachment A in this specification.
1. Goods, Professional Services and Service 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 Letter of Federal Approval indicating that the vendor is under an existing federally
approved or sanctioned affirmative action program. A copy of the letter must be
provided by the vendor to the Public Agency and Division. This approval letter is valid
for one year from the date of issuance.
ii. A Certificate of Employee Information Report (hereafter “Certificate”), issued in
accordance with N.J.A.C. 17:27 et seq. The vendor must provide a copy of the
Certificate to the Public Agency as evidence of its compliance with the regulations. The
Certificate represents the review and approval of the vendor’s Employee Information
Report, Form AA-302 by the Division.
iii. The successful bidder shall complete an Initial Employee Report, Form AA-302 and
submit it to the Division with a check or money order for $150.00 made payable to
“Treasurer, State of New Jersey" www.state.nj.us/treasury/contract_compliance
2. Construction Contracts
All successful contractors shall complete and submit an Initial Project Manning Report
(AA201-available
on-line
at
www.state.nj.us/treasury/contract_compliance
upon
notification of award. Proper completion and submission of this Report shall constitute
evidence of the contractor’s compliance with the regulations. Failure to submit this form
may result in the contract being terminated. The contractor also agrees to submit a copy
of the Monthly Project Workforce Report, Form AA-202 once a month thereafter for the
duration of the contract to the Department of LWD and to the Public Agency.
14.
AMERICANS WITH DISABILITIES ACT OF 1990 – 42 U.S.C. S121 01 et seq.
Discrimination on the basis of disability in contracting for the purchase of goods and services
is prohibited. Bidders are required to read Americans with Disabilities language that is included
in 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 Borough harmless.
15.
WORKER AND COMMUNITY RIGHT TO KNOW ACT – N.J.S.A. 34:5A-1 et seq.
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-1 et seq., and N.J.A.C.
5:89-5 et seq.).
All direct use containers shall bear a label indicating the chemical name(s) and Chemical
Abstracts Service number(s) of all hazardous substances in the container, and all other
substances which are among the five most predominant substances in the container, or their
trade secret registry number(s). (N.J.A.C. 8:59-5) or adhere to the requirements of The
Globally Harmonized System of Classification and Labeling of Chemicals (GHS) and the U.S.
Occupational Safety and Health Administration (OSHA) Hazard Communication Standard (HCS)
as outlined in the Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and
Regulations as adopted in the final rule by DEPARTMENT OF LABOR, Occupational Safety and
Health Administration, 29 CFR Parts 1910, 1915, and 1926, {Docket No. OSHA-H022K-2006-
0062, (formerly Docket No. H022K), RIN 1218-AC20, Hazard Communication. Further, all
applicable documentation must be furnished.
16.
STATEMENT OF CORPORATE OWNERSHIP – N.J.S.A. 52:25-24.2 (P.L. 1977 c.33)
In accordance with N.J.S.A. 52:25-24.2, no corporation, partnership, limited partnership,
limited liability corporation, limited liability partnership, Subchapter S corporation or sole
proprietorship, shall be awarded a contract, unless prior to the receipt of the bid or
accompanying the bid of the corporation, partnership, limited partnership, there is submitted
to the Borough a statement setting forth the names and addresses of all stockholders who own
10% or more of the stock, of any class or of all individual partners who own a 10% or greater
interest in the corporation, partnership. Limited partnership, limited liability corporation, limited
liability partnership, Subchapter S corporation or sole proprietorship. If one or more such
stockholder or partner is itself a corporation or partnership, the stockholders holding 10% or
more of that corporation’s stock, or the individual partners owning 10% or greater interest in
that partnership, as the case may be, shall also be listed. The disclosure shall be continued
until names and addresses of every non-corporate stockholder and individual partner,
exceeding the 10% ownership criteria established in this act has been listed. This form shall
be signed and submitted with the bid/proposal whether or not a stockholder or partner owns
less than 10% of the business submitting the bid. Failure to comply requires mandatory
rejection of the bid/proposal.
17.
INSURANCE AND INDEMNIFICATION
If it becomes necessary for the contractor, either as principal or by agent or employee, to enter
upon the premises or property of the owner in order to construct, erect, inspect, make delivery
or remove property hereunder, the contractor hereby covenants and agrees to take use,
provide and make all proper, necessary and sufficient precautions, safeguards, and protection
against the occurrence of happenings of any accident, injuries, damages, or hurt to person or
property during the course of the work herein covered and be his/her sole responsibility.
The contractor further covenants and agrees to indemnify and save harmless the owner from
the payment of all sums of money or any other consideration(s) by reason of any, or all, such
accidents, injuries, damages, or hurt that may happen or occur upon or about such work and
all fines, penalties and loss occurred for or by reason of the violation of any owner regulation,
ordinance or the laws of the State, or the United States while said work is in progress.
The contractor shall maintain sufficient insurance to protect against all claims under Workers
Compensation, General Liability and Automobile and shall be subject to approval for adequacy
of protection and certificates of such insurance shall be provided with the owner named as
additional insured.
A. Insurance Requirements
Worker’s Compensation and Employer’s Liability Insurance
This insurance shall be maintained in full force during the life of this contract by the bidder
covering all employees engaged in performance of this contract pursuant to N.J.S.A. 34:15-
12(a) and N.J.A.C. 12:35-1.6. Minimum Employer’s Liability $1,000,000.00.
General Liability Insurance
This insurance shall have limits of not less than $3,000,000.00 any one person and
$3,000,000.00 any one accident for bodily injury and $3,000,000.00 aggregate for property
damage and shall be maintained in force during the life of the contract.
Automobile Liability Insurance
This insurance covering bidder for claims arising from owned, hired and non-owned vehicles
with limits of not less than $3,000,000.00 any one person and $3,000,000.00 any one accident
for bodily injury and $3,000,000.00 each accident for property damage, shall be maintained in
force during the life of this contract by the bidder.
B. Certificates of the Required Insurance
Certificates as listed above shall be submitted along with the contract as evidence covering
Comprehensive General Liability, Comprehensive Automobile Liability, and where applicable,
necessary Worker’s Compensation and Employer’s Liability Insurance. Such coverage shall be
with acceptable insurance companies operating on an admitted basis in the State of New Jersey
and shall name the OWNER as an additional insured.
Self-insured contractors shall submit an affidavit attesting to their self-insured coverage and
shall name the OWNER as an additional insured.
C. Indemnification
The Contractor agrees to indemnify and save harmless the Borough of Middlesex, its officers,
agents and employees, from all claims, suits or actions, and damages or costs of every name
and description to which the owner may be subjected or put by reason of injury to the person
or property of another, or the property of the owner, resulting from:
a) negligent acts or missions on the part of the contractor, the contractor’s agents, servants,
or subcontractors in the delivery of goods and services, or in the performance of the work
under the contract; and,
b) the use of any copyrighted or copyrighted composition, valid trademark, secret process,
patented or unpatented invention or article furnished or used in the performance of this
contract.
The Borough of Middlesex will not accept Mutual Limitation of Liability terms.
18.
PAYMENT
Payment will be made after a properly executed Borough voucher has been received and
formally approved on the voucher list by the Governing Body at its subsequent regular
meeting. The voucher will be certified correct by the department/division head who received
the goods or services.
19.
TERMINATION
A. If, through any cause, the contractor shall fail to fulfill in a timely manner obligations under
the contract or if the contractor shall violate any of the requirements of the contract, the
Borough 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 Borough of any obligation for balances to the contractor of any
sum or sums set forth in the contract. The Borough will pay for goods and services accepted
prior to termination.
B. Notwithstanding the above, the contractor shall not be relieved of liability to the Borough
for damages sustained by the Borough by virtue of any breach of the contract by the
contractor and the Borough may withhold any payments to the contractor for the purpose
of compensation until such time as the exact amount of the damage due the Borough from
the contractor is determined.
C. The contractor agrees to indemnify and hold the Borough 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 Borough under this provision.
D. In case of default by the contractor, the Borough may procure the goods and 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
Borough reserves the right to cancel the contract.
F. It is understood by all parties that if, during the life of the contract, the contractor disposes
of his/her business concern by acquisition, novation, merger, sale and/or transfer or by
any means convey his/her interest(s) to another party, all obligations are transferred to the
new party.
In this event, the new owner(s) will be required to submit all
documentation/legal instruments that were required in the original bid/contract. Any
changes shall be approved by the Borough.
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 Borough.
H. The Borough may terminate the contract for convenience by providing sixty (60) calendar
days advanced notice to the contractor.
I. The contractor shall maintain all documentation related to products, transactions, or
services under this contract for a period of five years from the date of final payment. Such
records shall be available to the New Jersey Office of the State Comptroller upon request.
J. For contracts that exceed one year, each fiscal year payment obligation of the Borough is
conditioned upon the availability of Borough funds appropriated or allocated for the payment
of such an obligation. If funds are not allocated and available for the continuance of any
services performed by the bidder awarded the contract (contractor) hereunder, whether in
whole or in part, the Borough at the end of any particular fiscal year may terminate such
services. The Borough will notify the contractor in writing immediately of any services that
will be affected by a shortage of appropriated funds. This provision shall not be construed
so as to permit the Borough to terminate the contract during the term, or any service
hereunder, merely in order to acquire identical services from another contractor.
K. Neither party shall be responsible for any resulting loss or obligation to fulfill duties as
specified in any of the terms or provisions of a contract if the fulfillment of any term or
provision of the contract is delayed or prevented by any revolutions, insurrections, riots,
wars, acts of enemies, national emergencies, strikes, floods, fires, acts of God, or by any
cause not within the control of the party whose performance is interfered with which by the
exercise of reasonable diligence such party is unable to prevent. Additionally, if the
fulfillment of any of the terms and provisions of the contract is delayed or prevented by any
court order, or action or injunction or other such agreement, the contract shall become
voidable by the Borough by notice to the parties.
20.
ACQUISITION, MERGE, 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 owners(s) will be required to submit, when required, a performance bond in
the amount of the open balance of the contract.
21.
ADDITIONS/DELETIONS OF SERVICE
The Borough reserves the right to add and/or delete services to this contract. Should a service
requirement be deleted, payment to the Contractor will be reduced proportionally to the
amount of service deleted in accordance with the bid price. Should additional services be
required, payment to the Contractor will be increased proportionally to the amount of service
added in accordance with the bid price.
22.
Vendor’s literature and/or pricing sheets will not be accepted in lieu of completing the
proposal blank(s) set forth in these specifications.
23.
Bidders shall not write in margins or alter the official content or requirements of the Borough
bid documents.
24.
SPECIFICATIONS
Any prospective bidder who wishes to challenge a bid specification shall file such challenges in
writing with the contracting agent no less than three business days prior to the opening of the
bids. Challenges filed after that time shall be considered void and having no impact on the
contracting unit or the award of contract.
25.
OWNERSHIP OF MATERIAL
The owner shall retain all of its rights and interest in any and all documents and property both
hard copy and digital furnished by the owner to the contractor for the purpose of assisting the
contractor in the performance of this contract. All such items shall be returned immediately to
the owner at the expiration or termination of the contract or completion of any related services,
pursuant thereto, whichever comes first. None of the documents and/or property shall, without
the written consent of the owner, be disclosed to others or used by the contractor or permitted
by the contractor to be used by their parties at any time except in the performance of the
resulting contract.
Ownership of all data, materials and documentation originated and prepared for the owner
pursuant to this contract shall belong exclusively to the owner. All data, reports, computerized
information, programs, and materials related to this project shall be delivered to and become
the property of the owner upon completion of the project. The contractor shall not have the
right to use, sell, or disclose the total of the interim or final work products, or make available
to third parties, without the prior written consent of the owner. All information supplied to the
owner may be required to be supplied on CD-ROM media compatible with the owner’s computer
operating system, windows based, Microsoft Office Suite 2010.
26.
TRUTH IN CONTRACTING LAW
N.J.S.A. 2C:21-34, et seq. governs false claims and representation. It is a serious crime
for the bidder 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 bidder commits a crime if said person, directly or
indirectly, confers or agrees to confer any benefit not allowed by law to a public servant.
Bidder should consult the statutes or legal counsel for further information.
27.
PROOF OF N.J. BUSINESS REGISTRATION CERTIFICATE N.J.S.A. 52:32-44
Each bidder (contractor) is required to submit proof of business registration prior to award of
the contract. Proof of registration shall be a copy of the bidder’s Business Registration
Certificate (BRC).
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 obtain and provide the owner the BRC of subcontractors knowingly
used on this contract.
2. The contractor shall maintain and submit to the contracting agency a list of subcontractors
and their addresses that may be updated from time to time during the course of the
contract performance. A complete and accurate list shall be submitted before final
payment is made for goods and services rendered under the contract.
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 taxable sales of tangible personal property
delivered into the State.
Failure to submit the BRC with the bid is NOT a cause for rejection. However, the Borough
prefers the BRC be submitted with the bid response. If it is not provided prior to execution of
a contract the bidder’s bid guarantee shall be forfeited and the contract shall be awarded to
the next lowest responsible bidder.
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 $25.00 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.
A BRC is obtained from the New Jersey Division of Revenue and Enterprise Services.
Information
on
obtaining
a
BRC
is
available
on
the
internet
at
www.nj.gov/treasury/revenue/busregcert.shtml or by phone at (609) 292-2929.
28.
PAY TO PLAY – NOTICE OF DISCLOSURE REQUIREMENT
Business entities are advised of their responsibility to file an annual disclosure statement of
political contributions with the New Jersey Election Law Enforcement Commission (ELEC)
pursuant to N.J.S.A. 19:44A-20.27 if they receive contracts in excess of $50,000 from public
entities in a calendar year. Business entities are responsible for determining if filing is
necessary. Additional information on this requirement is available from ELEC at 888-313-3532
or at www.elec.state.nj.us.
29.
NON-PAYMENT OF PENALTIES AND INTEREST ON OVERDUE BILLS
Public funds may be used to pay only for goods delivered or services rendered. The Borough
will not pay penalties and/or interest on overdue bills. No employee is authorized to sign a
letter of credit or any other document that represents a legal commitment on the part of the
Borough to pay additional fees.
30.
W-9
Successful bidder/respondent shall complete W-9 Form and submit to Purchasing prior to
contract award. The form is available at the following link: www.irs.gov/pub/irs-pdf/fw9.pdf
31.
Health Insurance Portability and Accountability Act of 1996-HIPAA (If Applicable)
Both parties agree to comply with all requirements of the Federal Health Insurance Portability
and Accountability Act of 1996 (“HIPAA”) as maybe amended from time to time, and the
corresponding HIPAA regulations for the confidentiality and security of medical information.
The Contractor shall:
• Not use or disclose protected health information other than as permitted or required by law
• Use appropriate safeguards to protect the confidentiality of the information
• Report any use or disclosure not permitted
The contractor, by execution of the contract, shall thereby indemnify and hold the Borough
harmless from any and all liabilities, claims, actions, costs, and penalties which may be incurred
as the result of the failure of the contractor to comply with the requirements of the Health
Insurance Portability and Accountability Act (HIPAA) or any other statute or case law protecting
the privacy of persons using its services.
32.
PUBLIC EMERGENCY
In the event of a Public Emergency declared at the Local, State or Federal Level, if the Borough
opts to extend terms and conditions of this bid, the contractor agrees to extend the terms and
conditions of this bid, whether existing, expiring or expired no longer than six months, for
goods and/or services for the duration of the emergency. In the event the original contractor
cannot meet this requirement, the Borough may solicit the goods and/or services from any
bidder on this contract.
33.
The owner and the Contractor each bind themselves and their successors, executors,
administrators, heirs and assigns and legal representatives of the other party respecting all
covenants and agreements and obligations of this contract.
34.
The terms of this Agreement shall be construed and interpreted, and all respective rights and
duties of the parties shall be governed by the laws of the State of New Jersey.
35.
CERTIFICATION OF PROHIBITED ACTIVITIES IN RUSSIA AND BELAURUS &
INVESTMENT ACTIVITIES IN IRAN PURSUANT TO P.L.2022,c.3
N.J.S.A. 52:32-55 et seq.; P.L. 2022, c. 3 prohibits the award, renewal, amendment, or
extension of State and local public contracts for goods or services with persons or entities
engaging in prohibited activities in Russia or Belarus. P.L. 2012, c.25 prohibits the award or
renewal of State and local public contracts for goods and services with persons or entities
engaged in certain investment activities in the energy or finance sectors of Iran. Before a goods
and services contract can be entered into, vendors and contractors must certify that neither
they nor any parent entity, subsidiary, or affiliate is listed on the New Jersey Department of
the Treasury’s list of entities determined to be engaged in prohibited activities in Russia or
Belarus pursuant to P.L. 2022, c. 3 (“Russia-Belarus list”) or in Iran pursuant to
P.L. 2012, c. 25 ("Chapter 25 list").
36.
TREE EXPERTS AND TREE CARE OPERATOR ACT – N.J.S.A. 45:15C-1
SPECIFICATIONS
TREE REMOVAL, TRIMMING AND STUMP GRINDING
1.0
GENERAL DESCRIPTION
The purpose of this request for proposal is to establish term contracts for the prompt removal
and/or trimming of trees in the Borough of Middlesex.
EXCEPTION:
YES
NO
2.0
PERIOD OF CONTRACT
2.1 As provided by the Local Public Contracts Law 40A:11-15, This is a one (1) Year Contract which
may be extended for two (2) additional years if performance is satisfactory and the funds are
appropriated in the annual budget.
EXCEPTION: YES
NO
3.0
GENERAL SPECIFICATIONS
3.1
Trimming of trees shall consist of the following classes of pruning as developed by the
National Arborist Association and described as “pruning standards for shade trees”.
Class II – Standard pruning shall consist of the removal of dead, dying, diseased,
decaying, interfering, objectionable, obstructing, and weak branches, as well as
selective thinning to lessen wind resistance. The removal of such described branches
is to include those on the main trunk, as well as those inside the leaf area.
Class III – Hazard pruning shall consist of removal of dead, diseased, decayed, and
obviously weak branches.
Class IV – Crown reduction pruning shall consist of the reduction of tops, sides, and
individual limbs. It involves the removal of a parent limb or dominant leader at the
point of attachment of a lateral branch.
With all classes of pruning all cuts shall be made as close to the trunk or parent limb,
without cutting into the branch collar or leaving a protruding stub.
3.2
The complete removal of trees shall include the flush cutting of stumps to the ground.
3.3
All the above work shall include the pick-up and disposal of all the wood and wood
debris at the conclusion of each workday.
EXCEPTION:
YES
NO
4.0
TRAFFIC CONTROL
4.1
The maintenance and protection of traffic with minimum interference is of prime
importance. When vehicular or pedestrian traffic, or both, are to be maintained within
the scope of this contract, the contractor shall plan and carry out his work to provide
for the safe and convenient passage of such traffic.
4.2
Traffic control devices need not be new but shall be in good working condition. Traffic
control devices shall conform to the “Manual on Uniform Traffic Control Devices”.
4.3
Prior to beginning work in the area, the contractor shall set up the traffic control
devices.
4.4
The contractor shall provide one individual per work crew as traffic observer (flagman).
The individual shall remain on duty during the entire time the safety setup is in place
and shall be no less than fifty (50) feet from the work are and shall be equipped with
a bright red 24” x 24” square flag attached to a thirty-six (36”)
inch long staff. The traffic observer shall face oncoming traffic holding the flag in a
stationary position visible to oncoming traffic.
4.5
In addition, when the contractor is performing, working, and occupying the shoulder
area with his equipment, cones made of either plastic or rubber material, having a
minimum overall height of 28”, predominantly orange in color, shall be used
throughout the work area adjacent to the traffic. The cones shall be spaced 40 feet
apart with a 100-foot taper at each end of the work area when the traffic speeds
exceed 40 mph.
4.6
When traffic speed is 40 mph or below, cones shall be placed in the same pattern with
a distance between them of 25 feet.
4.7
All traffic control devices used shall be kept clean and in repair so that they furnish
the fullest effect possible. No separate payment will be made for traffic control devices.
4.8
Contractor must comply with all current local, state, and county regulations.
EXCEPTION:
YES
NO
5.0
EQUIPMENT AND CREW
5.1
A crew shall include both laborers and equipment. As a minimum, the following
number of laborers will be required to report with the said equipment in good working
condition to the designated work site with each assignment.
5.2
For Tree Trimming – One (1) foreman-crew leader, one (1) ground man, one (1) traffic
observer, one (1) tree truck with aerial lift bucket having a minimum reach of not less
than 80’, dump truck and power tools, brush chipper, two (2) power saws with a
minimum 20 inch cutting bar, and any other incidental tools required to complete this
type work including warning signs and safety devices as may be required and
necessary. All crew members shall wear an orange safety vet.
5.3
For Tree Removal – One (1) foreman-crew leader, one (1) ground man, one (1) traffic
observer, one (1) tree truck with aerial lift bucket having a minimum reach of not less
than 80’, dump truck and power tools, brush chipper, two (2) power saws with a
minimum 20 inch cutting bar, and any other incidental tools required to complete this
type work including warning signs and safety devices as may be required and
necessary. All crew members shall wear an orange safety vest.
5.4
For Stump Removal Only – One (1) foreman-crew leader, one (1) ground man, one
(1) traffic observer, one (1) stump removal machine, and any other incidental tools
required to complete this work, including warning signs and safety devise as may be
required and necessary. All crew members shall wear an orange safety vest.
EXCEPTION:
YES
NO
6.0
WORKING HOURS
6.1
Working hours shall be determined by the Public Works Supervisor.
6.2
The contractor shall report to the job site at the requested time, fully ready to begin
the required work. Normal working hours range from 7:00am to 5:00pm, working 8
hours with a one-half (1/2) hour lunch break, Monday through Friday.
EXCEPTION:
YES
NO
BOROUGH OF MIDDLESEX
EXCEPTIONS
For each exception, the bidder must identify the specific section of specifications by providing the number and
title the exception applies to. It is the responsibility of the bidder to document the equivalence claim in writing.
Submitting product brochures is not an acceptable claim of equivalence.
(IF NONE SO STATE)
USE ADDITIONAL SHEET IF NECESSARY
BOROUGH OF MIDDLESEX
BID DOCUMENT CHECKLIST
Required
With
Bid
Read, Signed
& Submitted
Bidder’s Initial
A.
FAILURE TO SUBMIT ANY OF THESE ITEMS IS MANDATORY CAUSE FOR
REJECTION OF BID
Stockholder Disclosure Certification
Acknowledgement of Receipt of Addenda (complete whether or not Addenda is issued)
Required Evidence EEO/Affirmative Action Regulations Questionnaire
Non-Collusion Affidavit
Bid Guarantee (bid bond or certified/cashier’s check)
(with Power of Attorney for full amount of Bid Bond)
Consent of Surety (Certificate from Surety company)
Surety Disclosure Statement and Certification
Performance Bond
Labor and Material (Payment) Bond
Maintenance Bond
B.
MANDATORY ITEM(S), REQUIRED NO LATER THAN TIME PERIOD INDICATED
Business Registration Certificate – Bidder – Prefer with Bid Response. Required by Law
prior to award of contract
Business Registration Certificate – Designated Subcontractor(s) – Prefer with Bid Response.
Required by Law prior to award of contract
Public Works Contractor Registration Certificate(s) for the Bidder and Designated
Subcontractors (Prior to Award, but effective at time of bid)
Certification of prohibited activities in Russia and Belarus & investment activities in Iran
pursuant to P.L.2022, c.3– Prefer with bid response – Required prior to award of contract
License(s) or Certification(s) Required by the Specifications
C.
FAILURE TO SUBMIT ANY OF THESE ITEMS AT TIME OF BID MAY BE CAUSE FOR
REJECTION
Three (3) references for similar projects
Authorization for Background Check
Catalog/Price List
Product Samples
Certification of Available Equipment
Other: CD or USB flash drive with PDF of Bid Response along w/Printed Copies (ref page 1)
CD and/or USB flash drive must be labeled with the bidder’s name
Other:
D.
READ ONLY
Americans With Disability Act of 1990 Language
Tree Experts and Tree Care Operator Act – N.J.S.A. 45:15C-1
E.
OPTIONAL ITEM(S)
County Cooperative Contract Option
This checklist is provided for bidder’s use in assuring compliance with required documentation;
however, it does not include all specification requirements and does not relieve the bidder of the
need to read and comply with the specifications.
Name of Bidder:
Date:
By Authorized Representative:
Signature:
Print Name & Title:
BOROUGH OF MIDDLESEX
BID PROPOSAL FORM/SIGNATURE PAGE
TO THE BOROUGH OF MIDDLESEX:
The undersigned declares that he/she has read the Notice, Instructions, Affidavits and Scope of
Services attached, that he/she has determined the conditions affecting the bid and agrees, if this bid
is accepted, to furnish and deliver services per the following:
Schedule Timeline:
April 1, 2026: Date Advertised
April 6, 2026: Deadline to submit questions
April 15, 2026: Bid Opening
April 28, 2026: Anticipated award date
ALL PRICES WILL INCLUDE PROMPT REMOVAL,
TRIMMING AND DISPOSAL
Year 1
Year 2
Year 3
Item #1
Tree Removal & Trimming
Hourly Rate (Regular Time)
$
$
$
Item #2
Stump Grinding - Cost per inch of tree diameter in the
longest direction (Regular Time)
$
$
$
Item #3
Daily Rate (8-hour day) for 80' minimum reach bucket
truck with operator
$
$
$
NOTE: AS PROVIDED BY THE LOCAL PUBLIC CONTRACT LAW 40A:11-15, THIS IS A ONE (1) YEAR
CONTRACT WHICH MAY BE EXTENDED FOR TWO (2) ADDITIONAL YEARS IF PERFORMANCE IS
SATISFACTORY AND FUNDS ARE APPROPRIATED IN THE ANNUAL BUDGET.
FURNISH ALL MATERIALS, EQUIPMENT AND LABOR FOR THE 2026-2029 TREE REMOVAL/TREE
SERVICES IN COMPLETE ACCORDANCE WITH THE SPECIFICATIONS HEREIN LISTED.
THE BID UPON AWARD BY RESOLUTION SHALL BE CONSIDERED FISCAL WITH RENEWAL DATE TO
COINCIDE WITH THE DATE OF AWARD BY THE BOROUGH OF MIDDLESEX GOVERNING BODY.
BOROUGH OF MIDDLESEX
OWNERSHIP STATEMENT STOCKHOLDER DISCLOSURE FORM
N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43)
This statement shall be completed, certified to, and included with all bid and proposal
submissions. Failure to submit the required information is cause for automatic rejection
of the bid or proposal.
Name of Organization:
Organization Address:
Part I Check the box that represents the type of business organization:
Sole Proprietorship (skip Parts II and III, execute certification in Part IV)
Non-Profit Corporation (skip Parts II and III, execute certification in Part IV)
For-Profit Corporation (any type)
Limited Liability Company (LLC)
Partnership
Limited Partnership
Limited Liability Partnership (LLP)
Other (be specific):
Part II
The list below contains the names and addresses of all stockholders in the corporation who
own 10 percent or more of its stock, of any class, or of all individual partners in the
partnership who own a 10 percent or greater interest therein, or of all members in the
limited liability company who own a 10 percent or greater interest therein, as the case may
be. (COMPLETE THE LIST BELOW IN THIS SECTION)
OR
No one stockholder in the corporation owns 10 percent or more of its stock, of any class, or
no individual partner in the partnership owns a 10 percent or greater interest therein, or no
member in the limited liability company owns a 10 percent or greater interest therein, as
the case may be. (SKIP TO PART IV)
(Please attach additional sheets if more space is needed):
Stockholder Name
Address
Percentage of Ownership
%.
Stockholder Name
Address
Percentage of Ownership
%.
Stockholder Name
Address
Percentage of Ownership
%.
(Note: Attach additional pages if necessary)
Part III DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS,
PARTNERS OR LLC MEMBERS LISTED IN PART II
If a bidder has a direct or indirect parent entity which is publicly traded, and any person
holds a 10 percent or greater beneficial interest in the publicly traded parent entity as of
the last annual federal Security and Exchange Commission (SEC) or foreign equivalent
filing, ownership disclosure can be met by providing links to the website(s) containing the last
annual filing(s) with the federal Securities and Exchange Commission (or foreign equivalent) that
contain the name and address of each person holding a 10% or greater beneficial interest in the
publicly traded parent entity, along with the relevant page numbers of the filing(s) that contain the
information on each such person. Attach additional sheets if more space is needed.
Website (URL) containing the last annual SEC (or foreign equivalent) filing
Page #’s
Please list the names and addresses of each stockholder, partner or member owning a 10 percent
or greater interest in any corresponding corporation, partnership and/or limited liability company
(LLC) listed in Part II other than for any publicly traded parent entities referenced above.
The disclosure shall be continued until names and addresses of every noncorporate stockholder,
and individual partner, and member exceeding the 10 percent ownership criteria established
pursuant to N.J.S.A. 52:25-24.2 has been listed. Attach additional sheets if more space is
needed.
Stockholder/Partner/Member and
Corresponding Entity Listed in Part II
Address
Part IV
Certification
I, being duly sworn upon my oath, hereby represent that the foregoing information and any
attachments thereto to the best of my knowledge are true and complete. I acknowledge: that I am
authorized to execute this certification on behalf of the bidder/proposer; that the Borough of
Middlesex is relying on the information contained herein and that I am under a continuing obligation
from the date of this certification through the completion of any contracts with the Borough to notify
the Borough in writing of any changes to the information contained herein; that I am aware that it is
a criminal offense to make a false statement or misrepresentation in this certification, and if I do so,
I am subject to criminal prosecution under the law and that it will constitute a material breach of my
agreement(s) with the, permitting the Borough to declare any contract(s) resulting from this
certification void and unenforceable.
(Respondent/Respondent Authorized Signature)
(Date)
(Print name of authorized signatory)
(Title)
BOROUGH OF MIDDLESEX
NON-COLLUSION AFFIDAVIT
State of
County of
ss:
I,
of the City of
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 bidder making this Proposal for the above named project, and that I executed the said proposal
with full authority so to do; that said bidder has not, directly or indirectly entered into any agreement,
participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding
in connection with the above named project; and that all statements contained in said proposal and
in this affidavit are true and correct, and made with full knowledge that the Borough of Middlesex
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
.
(Name of Contractor)
(N.J.S.A. 52:34-15)
Subscribed and sworn to
Before me this
day
Of
,
.
Signature
(Type or print name of affiant under signature)
Notary public of
My Commission expires
.
EXHIBIT A
EEO/AFFIRMATIVE ACTION COMPLIANCE NOTICE
N.J.S.A. 10:5-31 and N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance
to the Borough and Division of Public Contracts Equal Employment Opportunity Compliance. During
a review, Division representatives will review the Borough files to determine whether the affirmative
action evidence has been submitted by the vendor/contractor. Specifically, each vendor/contractor
shall submit to the Borough, prior to execution of the contract, one of the following documents:
Goods and General Service Vendors
1. Letter of Federal Approval indicating that the vendor is under an existing federally approved or
sanctioned affirmative action program. A copy of the approval letter is to be provided by the
vendor to the Borough and the Division. This approval letter is valid for one year from the date
of issuance.
Do you have a federally-approved or sanctioned EEO/AA program?
Yes
No
If yes, please submit a photo static copy of such approval.
2. A Certificate of Employee Information Report (hereafter “Certificate”), issued in accordance with
N.J.A.C. 17:27-1.1 et seq. The vendor must provide a copy of the Certificate to the Borough as
evidence of its compliance with the regulations. The Certificate represents the review and
approval of the vendor’s Employee Information Report, Form AA-302 by the Division. The period
of validity of the Certificate is indicated on its face. Certificates must be renewed prior to their
expiration date in order to remain valid.
Do you have a State Certificate of Employee Information Report Approval?
Yes
No
If yes, please submit a photo static copy of such approval.
3. The successful vendor shall complete an Initial Employee Report, Form AA-302 and submit it to
the Division with $150.00 Fee and forward a copy of the Form to the Borough. Upon submission
and review by the Division, this report shall constitute evidence of compliance with the
regulations. Prior to execution of the contract, the EEO/AA evidence must be submitted.
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on
the Division website www.state.nj.us/treasury/contract_compliance.
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal
Employment Opportunity Compliance, with a copy to Public Agency.
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 and N.J.A.C. 17:27 and agrees to furnish the required forms of
evidence.
The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27.
COMPANY:
SIGNATURE:
PRINT NAME:
TITLE:
DATE:
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 Borough employment goals
established in accordance with N.J.A.C. l7:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not
limited to, employment agencies, placement bureaus, colleges, universities, 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 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 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 www.state.nj.us/treasury/contract_compliance).
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.
SAMPLE CERTIFICATE OF EMPLOYEE INFORMATION REPORT
BOROUGH OF MIDDLESEX
AMERICANS WITH DISABILITIES ACT OF 1990
Equal Opportunity for Individuals with Disability
The Contractor and the Owner, do hereby agree that the provisions of Title 11 of the Americans With
Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 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 owner 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 owner in any action or administrative proceeding commenced pursuant to this Act. The contractor
shall indemnify, protect, and save harmless the 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 owner’s grievance procedure, the contractor agrees
to abide by any decision of the owner which is rendered pursuant to said grievance procedure. If any
action or administrative proceeding results in an award of damages against the owner, or if the 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 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 owner or any of its agents, servants, and
employees, the owner shall expeditiously forward or have forwarded to the contractor every demand,
complaint, notice, summons, pleading, or other process received by the owner or its representatives.
It is expressly agreed and understood that any approval by the 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 owner pursuant to this
paragraph.
It is further agreed and understood that the 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 owner from taking any other actions available to it
under any other provisions of the Agreement or otherwise at law.
BOROUGH OF MIDDLESEX
THESE ARE SAMPLES OF THE ONLY ACCEPTABLE
BUSINESS REGISTRATION CERTIFICATES.
PREFER SUBMITTED WITH BID RESPONSE
REQUIRED BY LAW PRIOR TO AWARD OF CONTRACT
CERTIFICATION OF NON-INVOLVEMENT IN
PROHIBITED ACTIVITIES IN RUSSIA OR BELARUS
Pursuant to N.J.S.A. 52:32-60.1, et seq. (L. 2022, c. 3) any person or entity (hereinafter “Vendori”) that seeks to
enter into or renew a contract with a State agency for the provision of goods or services, or the purchase of bonds
or other obligations, must complete the certification below indicating whether or not the Vendor is identified on the
Office of Foreign Assets Control (OFAC) Specially Designed Nationals and Blocked Persons list, available here:
https://sanctionssearch.ofac.treas.gov/. If the Department of the Treasury finds that a Vendor has made a
certification in violation of the law, it shall take any action as may be appropriate and provided by law, rule or
contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the
party in default and seeking debarment or suspension of the party.
I, the undersigned, certify that I have read the definition of “Vendor” below, and have reviewed the Office of Foreign
Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, and having done so certify:
(Check the Appropriate Box)
A. That the Vendor is not identified on the OFAC Specially Designated Nationals and Blocked Persons list
on account of activity related to Russia and/or Belarus.
OR
B. That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially
Designated Nationals and Blocked Persons list on account of activity related to Russia and/or Belarus.
OR
C. That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially
Designated Nationals and Blocked Persons list. However, the Vendor is engaged in activity related to
Russia and/or Belarus consistent with federal law, regulation, license or exemption. A detailed description
of how the Vendor’s activity related to Russia and/or Belarus is consistent with federal law is set forth
below.
Signature of Vendor’s Authorized Representative
Date
Print Name and Title of Vendor’s Authorized Representative
Vendor Name
Vendor Phone Number
Vendor Address (Street Address)
Vendor Fax Number
Vendor Address (City/State/Zip Code)
Vendor Email Address for Authorized Representative
i Vendor means: (1) A natural person, corporation, company, limited partnership, limited liability partnership, limited liability company,
business association, sole proprietorship, joint venture, partnership, society, trust, or any other nongovernmental entity, organization, or
group; (2) Any governmental entity or instrumentality of a government, including a multilateral development institution, as defined in
Section 1701(c)(3) of the International Financial Institutions Act, 22 U.S.C. 262r(c)(3); or (3) Any parent, successor, subunit, direct or
indirect subsidiary, or any entity under common ownership or control with, any entity described in paragraph (1) or (2).
NJ Rev. 1.22.2024
(Attach Additional Sheets If Necessary.)
Disclosure of Investment Activities in Iran
Person
or
Entity
Part 1: Certification
COMPLETE PART 1 BY CHECKING EITHER BOX.
Pursuant to Public Law 2012, c. 25, any person or entity that is a successful bidder or proposer, or otherwise
proposes to enter into or renew a contract, must complete the certification below to attest, under penalty of
perjury, that neither the person or entity, nor any parent entity, subsidiary, or affiliate is identified on the
State Department of Treasury's Chapter 25 list as a person or entity engaging in investment activities in Iran.
The list is found on Treasury’s website at www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf.
The Chapter 25 list must be reviewed prior to completing the below certification. If a vendor or contractor
is found to be in violation of law, action may be taken as appropriate and as may provided by law, rule or
contract, including but not limited to imposing sanctions, seeking compliance, recovering damages,
declaring the party in default and seeking debarment or suspension of the party.
I certify, pursuant to Public Law 2012, c. 25, that neither the person or entity listed above,
nor any parent entity, subsidiary, or affiliate thereof is listed on the N.J. Department of the
Treasury’s list of entities determined to be engaged in prohibited activities in Iran pursuant
to P.L. 2012, c. 25 ("Chapter 25 List"). I further certify that I am the person listed above, or I
am an officer or representative of the entity listed above and am authorized to make this
certification on its behalf. I will skip Part 2 and sign and complete the Certification below.
OR
I am unable to certify as above because the person or entity and/or a parent entity, subsidiary,
or affiliate thereof is listed on the N.J. Department of the Treasury’s Chapter 25 list. I will
provide a detailed, accurate and precise description of the activities in Part 2 below sign and
complete the Certification below.
Part 2: Additional Information
PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN.
You must provide a detailed, accurate and precise description of the activities of the person or entity, or a
parent entity, subsidiary, or affiliate thereof engaging in investment activates in Iran below and, if more
space is needed, on additional sheets provided by you.
Part 3: Certification of True and Complete Information
I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any
attachments there to the best of my knowledge are true and complete. I attest that I am authorized to
execute this certification on behalf of the above-referenced person or entity.
I acknowledge that the Name of Contracting Unit is relying on the information contained herein
and thereby acknowledge that I am under a continuing obligation from the date of this certification
through the completion of any contracts with the Reference to Contracting Unit to notify the Reference
to Contracting Unit in writing of any changes to the answers of information contained herein.
I acknowledge that I am aware that it is a criminal offense to make a false statement or
misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal prosecution
under the law and that it will also constitute a material breach of my agreement(s) with the Name of
Contracting Unit and that the Reference to Contracting Unit at its option may declare any contract(s)
resulting from this certification void and unenforceable.
Full Name
(Print)
Title
Signature
Date
CERTIFICATION OF NON-DEBARMENT
FOR FEDERAL GOVERNMENT CONTRACTS
N.J.S.A. 52:32-44.1 (P.L. 2019, c.406)
This certification shall be completed, certified to, and submitted to the contracting unit prior to contract award,
except for emergency contracts where submission is required prior to payment.
PART I: VENDOR INFORMATION
Individual or Organization
Name
Physical Address of
Individual or Organization
Unique Entity ID
(if applicable)
CAGE/NCAGE Code
(if applicable)
Check the box that represents the type of business organization:
Sole Proprietorship (skip Parts III and IV) Non-Profit Corporation (skip Parts III and IV)
For-Profit Corporation (any type) Limited Liability Company (LLC) Partnership
Limited Partnership
Limited Liability Partnership (LLP)
Other (be specific):
PART II – CERTIFICATION OF NON-DEBARMENT: Individual or Organization
I hereby certify that the individual or organization listed above in Part I is not debarred by the federal government from
contracting with a federal agency. I further acknowledge: that I am authorized to execute this certification on behalf of the
above-named organization; that the Borough of Middlesex is relying on the information contained herein and that I am under a
continuing obligation from the date of this certification through the date of contract award by the Borough to notify the
Borough in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a
false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and
that it will constitute a material breach of my agreement(s) with the Borough, permitting the Borough to declare any contract(s)
resulting from this certification void and unenforceable.
Full Name (Print):
Title:
Signature:
Date:
PART III – CERTIFICATION OF NON-DEBARMENT: Individual or Entity Owning Greater than 50 Percent of Organization
Section A (Check the Box that applies)
Below is the name and address of the stockholder in the corporation who owns more than 50 percent of
its voting stock, or of the partner in the partnership who owns more than 50 percent interest therein, or of
the member of the limited liability company owning more than 50 percent interest therein, as the case
may be.
Name of Individual
or Organization
Physical Address
OR
No one stockholder in the corporation owns more than 50 percent of its voting stock, or no partner in the
partnership owns more than 50 percent interest therein, or no member in the limited liability company
owns more than 50 percent interest therein, as the case may be.
Section B (Skip if no Business entity is listed in Section A above)
Below is the name and address of the stockholder in the corporation who owns more than 50 percent of
the voting stock of the organization’s parent entity, or of the partner in the partnership who owns more
than 50 percent interest in the organization’s parent entity, or of the member of the limited liability
company owning more than 50 percent interest in organization’s parent entity, as the case may be.
Stockholder/Partn
er/Member
Owning Greater
Than 50 Percent of
Parent Entity
Physical Address
OR
No one stockholder in the parent entity corporation owns more than 50 percent of its voting stock, no
partner in the parent entity partnership owns more than 50 percent interest therein, or no member in the
parent entity limited liability company owns more than 50 percent interest therein, as the case may be.
Section C – Part III Certification
I hereby certify that no individual or organization that is debarred by the federal government from contracting with a federal agency
owns greater than 50 percent of the Organization listed above in Part I or, if applicable, owns greater than 50 percent of a parent
entity of
. I further acknowledge: that I am authorized to execute this certification on behalf of the
above-named organization; that the Borough of Middlesex is relying on the information contained herein and that I am under a
continuing obligation from the date of this certification through the date of contract award the Borough to notify the Borough in
writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or
misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it will constitute a
material breach of my agreement(s) with the Borough, permitting the Borough to declare any contract(s) resulting from this
certification void and unenforceable.
Full Name (Print):
Title:
Signature:
Date:
Part IV – CERTIFICATION OF NON-DEBARMENT: Contractor – Controlled Entities
Section A
Below is the name and address of the corporation(s) in which the Organization listed in Part I owns more
than 50 percent of voting stock, or of the partnership(s) in which the Organization listed in Part I owns
more than 50 percent interest therein, or of the limited liability company or companies in which the
Organization listed above in Part I owns more than 50 percent interest therein, as the case may be.
Name of Business Entity
Physical Address
**Add additional sheets if necessary**
OR
The Organization listed above in Part I does not own greater than 50 percent of the voting stock in any
corporation and does not own greater than 50 percent interest in any partnership or any limited liability
company.
Section B (skip if no business entities are listed in Section A of Part IV)
Below are the names and addresses of any entities in which an entity listed in Part III A owns greater than
50 percent of the voting stock (corporation) or owns greater than 50 percent interest (partnership or
limited liability company).
Name of Business Entity Controlled by Entity Listed in
Section A of Part IV
Physical Address
**Add additional Sheets if necessary**
OR
No entity listed in Part III A owns greater than 50 percent of the voting stock in any corporation or owns
greater than 50 percent interest in any partnership or limited liability company.
Section C – Part IV Certification
I hereby certify that the Organization listed above in Part I does not own greater than 50 percent of any entity that that is debarred
by the federal government from contracting with a federal agency and, if applicable, does not own greater than 50 percent of any
entity that in turns owns greater than 50 percent of any entity debarred by the federal government from contracting with a federal
agency. I further acknowledge: that I am authorized to execute this certification on behalf of the above-named organization; that
the Borough of Middlesex is relying on the information contained herein and that I am under a continuing obligation from the date
of this certification through the date of contract award by the Borough to notify the Borough in writing of any changes to the
information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this
certification, and if I do so, I am subject to criminal prosecution under the law and that it will constitute a material breach of my
agreement(s) with the Borough permitting the Borough to declare any contract(s) resulting from this certification void and
unenforceable.
Full Name (Print):
Title:
Signature:
Date:
BOROUGH OF MIDDLESEX
ACKNOWLEDGMENT OF RECEIPT OF ADDENDA
The undersigned Bidder hereby acknowledges receipt of the following Addenda:
ADDENDUM
NUMBER
DATE
ACKNOWLEDGE RECEIPT
(Initial)
No Addenda were received:
Acknowledged for:
(Name of Bidder)
By:
(Signature of Authorized Representative)
Name:
(Print or Type)
Title:
Date:
TREE EXPERTS AND TREE CARE OPERATOR ACT – N.J.S.A. 45:15C-1
CHAPTER 237
AN ACT concerning the licensure of tree experts and tree care operators and the registration
of certain employers, supplementing Title 45 of the Revised Statutes, and repealing
P.L.1940, c.100 and sections 7 and 8 of P.L.1996, c.20.
BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:
C.45:15C-11 Short title.
1. This act shall be known and may be cited as the "Tree Experts and Tree Care Operators
Licensing Act."
C.45:15C-12 Definitions relative to licensing of tree experts, care operators.
2. For the purposes of this act:
“Board” means the New Jersey Board of Tree Experts established pursuant to section 3 of this act.
“Licensed tree care operator” means a person licensed to provide tree care operator
services in the State pursuant to subsection b. of section 7 of this act.
“Licensed tree expert” means a person licensed to provide tree expert services in this State
pursuant to subsection a. of section 7 of this act.
“Tree care operator services” means and includes tree pruning, repairing, brush cutting or
removal, tree removal, and stump grinding or removal.
“Tree care services” means tree care operator services and tree expert services as established
by this act.
“Tree expert services” means and includes tree pruning, repairing, brush cutting or removal,
tree removal, stump grinding or removal, tree establishment, fertilization, cabling and bracing,
lightning protection, consulting, diagnosis, and treatment of tree problems or diseases, tree
management during site planning and development, tree assessment and risk management, and
application of pesticides or any other form of tree maintenance.
C.45:15C-13 New Jersey Board of Tree Experts.
3. There is established in the Department of Environmental Protection the New Jersey
Board of Tree Experts. The board shall consist of nine members, including the Commissioner of the
Department of Environmental Protection or the commissioner’s designee, who shall serve ex officio,
and eight members, appointed by the Governor with the advise and consent of the Senate as follows:
five shall be licensed tree experts, two shall be licensed tree care operators, and one shall possess
knowledge of arboriculture or forestry, including urban forestry. However, of the public members
first appointed, three of the five licensed tree expert memberships shall be appointed from the
members of the board of tree experts established by P.L.1940, c.100 (C.45:15-1 et seq.),
participating on the board on the date of enactment of this act, and the remaining tree experts first
appointed shall be certified, on or before the date of enactment of this act, pursuant to the provisions
of P.L.1940, c.100 (C.45:15C-1 et seq.). The initial members of the board, including the tree care
operators first appointed, need not be licensed until 180 days following the promulgation of initial
regulations by the board to carry out the provisions of this act. Thereafter, the members of the board
subsequently appointed shall be licensed before appointment. The three members of the board of tree
experts shall be appointed for a term of three years, and one of the initial tree care operators shall be
appointed for a term of three years; the remaining two initial tree experts and the remaining initial
tree care operator shall be appointed for a term of two years; and the initial member possessing
knowledge of arboriculture or forestry shall be appointed
P.L. 2009, CHAPTER 237
2
for a term of one year. Thereafter, all members appointed shall serve for terms of three years
or until their successors are appointed and qualified. Vacancies shall be filled for the unexpired
terms only.
C.45:15C-14 Board, officers, meetings, compensation.
4. The board shall annually elect from among its members a chairman and a vice-chairman.
The board shall meet at least four times per year and may hold additional meetings as necessary to
discharge its duties. A majority of the total authorized membership of the board may exercise any of
the powers of the board at any meeting. The members of the board shall serve without compensation,
but the board may, within the limits of funds appropriated or otherwise made available to it,
reimburse members for actual expenses necessarily incurred in the discharge of their official duties,
according to rules and regulations promulgated by the Commissioner of the Department of
Environmental Protection.
C.45:15C-15 Duties of board.
5. The board shall:
a. Review the qualifications of an applicant for licensure under the act;
b. Establish standards for examinations for licensure;
c. Issue and renew licenses and assess fees therefor;
d. Establish standards by regulation, which shall include, but not be limited to, the
appropriate standards of the American National Standards Institute (ANSI), and any related
standards and best management practices;
e. Suspend or revoke licenses or registrations for violations of the act;
f. Maintain a registry of licensees;
g. Adopt a canon of professional ethics;
h. Adopt such regulations as may be necessary to effectuate the purposes of the act;
i. Establish fees by regulation for examinations, applications for licensure, and license
renewals. The fees shall be sufficient to defray expenses incurred by the board in the
performance of its duties under the act;
j. Conduct such worksite inspections as may be necessary to enforce the provisions of
this act; and
k. Maintain a registry of businesses engaged in tree care services, and charge a fee
therefor.
C.45:15C-16 Development, designation of examinations to determine qualification.
6. The board shall develop an examination or designate examinations to evaluate the
knowledge, ability, and fitness of applicants to perform as tree experts or tree care operators,
respectively, and shall administer the examinations at least semi-annually at times and places
to be determined by the board. The board shall provide for adequate written notice of the time and
place of the examinations. An applicant who fails an examination may not retake the examination
earlier than three months following the initial examination. There shall be no limitation on the number
of times an examination may be taken. All licenses shall be issued on a biennial basis. A person may
seek renewal of a license upon submission of a renewal application and the payment of a renewal fee
established by the board. If a license expires without being renewed, the license may be renewed within
one year of expiration upon the payment of a prorated fee. The determination of the board as to an
applicant’s qualifications for any examination shall constitute final agency action.
P.L. 2009, CHAPTER 237
3
C.45:15C-17 Licensure required for tree expert, tree care operator.
7. a. No person shall present himself to the public as a licensed tree expert or use the
designation “L.T.E.,” without licensure by the board. A person shall not be eligible for licensure
pursuant to this subsection until the final promulgation of initial regulations by the board to carry out
the provisions of this act. A candidate for licensure shall:
(1) be at least 18 years of age;
(2) be of good moral character;
(3) (a) be a graduate from a four year college with a degree in forestry, arboriculture,
ornamental horticulture, natural resources, or any other curriculum approved by the board; or
(b) have completed two years of college and passed courses approved by the board, and
have been continuously employed in the practice of arboriculture for a period of at least three
years preceding the date of his application for licensure; or
(c) be continuously employed in the practice of arboriculture for at least five years
immediately preceding the date of application for licensure; and
(4) except as provided in subsection c. of this section, have passed an examination
established or designated by the board.
b. No person shall present himself to the public as a licensed tree care operator or use
the designation “L.T.C.O.,” without licensure by the board. A person shall not be eligible for
licensure pursuant to this subsection until the final promulgation of initial regulations by the
board to carry out the provisions of this act. A candidate for licensure shall:
(1) be at least 18 years of age;
(2) be of good moral character;
(3) (a) be a graduate from a four year college with a degree in arboriculture or an equivalent
major field of study, and have been continuously employed in the practice of arboriculture for a period
of at least one year preceding the date of his application for licensure; or
(b) be a graduate from a two year college with a degree in arboriculture or an equivalent
major field of study, and have been continuously employed in the practice of arboriculture for a
period of at least two years preceding the date of his application for licensure; or
(c) be continuously employed in the practice of arboriculture for at least three years
preceding the date of his application for licensure; and
(4) except as provided in subsection c. of this section, have passed an examination
established by the board.
c. Notwithstanding the provisions of subsections a. and b., for 360 days after the date
regulations are promulgated pursuant to the provisions of this act:
(1) any person of good moral character who has received certification as a tree expert
pursuant to P.L.1940, c.100 (C.45:15C-1 et seq.) before the date of its repeal may, if in good
standing with the board, acquire a license as a tree expert without sitting for an examination
pursuant to subsection a. of this section pursuant to regulations established by the board; and
(2) any person of good moral character who has documented to the satisfaction of the
board that he has been engaged in the practice of arboriculture for seven years preceding the
effective date of this act may acquire a license as a tree care operator without sitting for an
examination pursuant to subsection b. of this section, pursuant to regulations established by
the board.
Licenses issued pursuant to this subsection shall be renewed biennially.
d. Persons licensed under this act shall receive a certificate evidencing their licensure.
P.L. 2009, CHAPTER 237
4
e. Any person licensed as a tree care operator may subsequently apply for licensure as a
tree expert upon meeting the qualifications for licensure.
C.45:15C-18 Form for application; maintenance of records.
8. a. Applications for licenses as a tree expert or a tree care operator shall be on forms
prescribed and furnished by the board and shall contain statements under oath showing the
applicant’s education or other qualification for licensure. The application shall be accompanied by an
application fee as established by the board by regulation. No license shall be issued in the name of a
corporation, firm, partnership, or other form of business organization.
b. The board shall maintain a record of all individual applicants for licensure and all licensees,
including the person’s name, age, education, and other qualifications, the person’s
place of residence, the location in which the person is employed, and a record of the person’s
fulfillment of any continuing education requirements established by this act.
c. The board may, in its discretion, grant a tree expert license or a tree care operator
license to any person who is not a resident of this State and who is the lawful holder of a
substantially equivalent license or certification issued by another jurisdiction, as determined
by the board.
C.45:15C-19 Continuing education requirement.
9. a. Every licensed tree expert and licensed tree care operator shall complete, as a condition
for biennial license renewal, no less than 32 credits of continuing education in courses of study
approved by the board. Each hour of instruction shall be equivalent to one credit. The board may waive
requirements for continuing education on an individual basis for reasons of hardship such as illness or
disability or other good cause. Evidence of the fulfillment of this requirement shall be submitted to the
board in a form and manner established by the board.
b. The board shall review the content of courses of study offered by colleges, universities, and
other institutions or organizations for the awarding of degrees or credits in subjects related to
arboriculture and make the list available to the public. The board shall establish and maintain minimum
requirements for courses to meet continuing education requirements by establishing a list of approved
subjects and courses of study.
C.45:15C-20 Compliance with laws and regulations in rendering professional services.
10. In rendering professional services, a licensed tree expert or licensed tree care operator shall
comply in all respects with the applicable laws and regulations pertaining to tree expert or tree care
operator services and shall have the duty to make every reasonable effort to protect the safety, health,
property, and welfare of the public. This shall include ensuring the safe operation of all equipment
used in the performance of tree expert or tree care operator services, under guidelines established by
the Department of Environmental Protection or by the board.
C.45:15C-21 Refusal to issue, renew, suspension, revocation of license.
11. The board may refuse to issue or renew or may suspend or revoke a license or may
refuse to admit a person to an examination for licensure, after notice and hearing, upon a finding that
an applicant or licensee:
a. Has obtained a license or authorization to sit for an examination through fraud,
deception, or misrepresentation;
P.L. 2009, CHAPTER 237
5
b. Has conducted work, or allowed work to be conducted under his supervision, in a manner
not in compliance with standards approved by the board;
c. Has engaged in the use of dishonesty, fraud, deception, misrepresentation, false promise,
or false pretense in the course of his business;
d. Has engaged in gross negligence or gross incompetence;
e. Has engaged in repeated acts of negligence or incompetence;
f. Has engaged in occupational misconduct, as determined by the board;
g. Has been convicted of any crime involving moral turpitude, any crime relating adversely
to the activities regulated by the board, or any crime of the first, second, third, or fourth degree;
h. Has had his authority to engage in the activities regulated by the board revoked or
suspended by any other state, agency, or authority;
i. Has failed to comply with the provisions of this act or any regulation promulgated pursuant
thereto, including canons of ethics established by the board;
j. Is incapable, for medical or any other good cause, of discharging the functions of a licensee
in a manner consistent with the health, safety, and welfare of the public;
k. Has engaged in any form of false or misleading advertising or promotional activities,
including, but not limited to, holding himself out to be a licensed tree expert, an arborist, licensed tree
care operator, a tree surgeon, a tree care business, or any similar designation, or using the abbreviation
“L.T.E.” or “L.T.C.O.” without being licensed as a tree expert or a tree care operator as provided for
in this act; or
l. Has failed to maintain records required by the board.
C.45:15C-22 Biennial registration; required information.
12. Every business engaged in providing tree expert or tree care operator services shall
register biennially with the board as a condition of doing business in this State and shall provide the
following information:
a. The name and residence of the owner or owners of the tree care business;
b. The principal address of the tree care business, and any branch office or subsidiary of
the business;
c. The names and addresses of every licensed tree expert or licensed tree care operator
employed by the business and the location of each such licensee, if at a branch office other than the
business’ main office;
d. Proof of general liability insurance or a letter of credit of a type and amount required
by the board by regulation;
e. Proof of workers’ compensation insurance coverage required pursuant to chapter 15
of Title 34 of the Revised Statutes;
f. Proof that at least one employee of the tree care business, located at the principal office of
the tree care business shall be licensed either as a tree expert or tree care operator, and at least one
employee of the tree care business, located at each branch office of the tree care business shall be
licensed either as a tree expert or tree care operator; and
g. Any other information required by the board.
C.45:15C-23 Instruction, training for employees.
13. Every tree care business shall provide instruction and training for its employees in the
proper use, inspection and maintenance of tools and equipment and shall require that safe working
practices are observed in accordance with the appropriate standards of the American National
Standards Institute (ANSI), as well as any additional standards designated by the board by
regulation.
P.L. 2009, CHAPTER 237
6
Every tree care business shall submit documentation of its training program for employees to the board
annually, which shall include a model tree safety program checklist, proof of general liability insurance
coverage or a letter of credit in an amount established by the board, and proof of workers’
compensation insurance.
C.45:15C-24 Revocation, suspension of registration.
14. The board may revoke or suspend a registration of any tree care business, after notice
and hearing, that the business:
a. Has failed to demonstrate that the employer, or at least one employee in each principal office
and branch location who is responsible for the supervision of workers in the performance of tree expert
or tree care operator services, is in possession of a tree expert license or a tree care operator license;
b. Has failed to ensure the safe operation of all equipment used in the performance of tree
expert or tree care operator services;
c. Has allowed work to be conducted in a manner not in compliance with standards approved
by the board;
d. Has failed to provide instruction and training for its employees, as required by this act;
e. Has engaged in the use of dishonesty, fraud, deception, misrepresentation, false promise, or
false pretense in the course of his business;
f. Has been found guilty of gross negligence or incompetence;
g. Has had the authority to engage in tree expert or tree care operator services revoked
or suspended by any other state, agency, or authority;
h. Has failed to comply with the provisions of this act or any regulation promulgated
pursuant thereto;
i. Has engaged in any form of false or misleading advertising or promotional activities;
or
j. Has failed to maintain records required by the board.
C.45:15C-25 Cooperation with DEP, board.
15. In the performance of tree expert or tree care operator services, a licensed tree expert
or licensed tree care operator and every tree care business shall cooperate fully with the Department
of Environmental Protection and the board in an investigation or adjudication of an alleged violation
of this law or any regulations promulgated pursuant thereto, and upon request, shall provide copies of
any documents that shall be requested in connection therewith.
C.45:15C-26 Investigation of unlawful activity.
16. Whenever it shall appear to the board or the Department of Environmental Protection
that a person has engaged in, or is engaging in, any unlawful activity under the provisions of this act,
the person may be required to file, on a form prescribed by regulation, a statement in writing under
oath as to the facts and circumstances concerning the rendering of any service or other violation of
this act. The board or the department may examine any person in connection with any act or practice
subject to the act, inspect any premises upon which any violation is alleged to have taken place or
premises that constitute the licensee’s place of business, and examine any record, book, document,
account or paper maintained by or for any licensee in the conduct of his business.
P.L. 2009, CHAPTER 237
7
C.45:15C-27 Notice, hearing prior to suspension, revocation of license.
17. Suspension or revocation of a license by the board shall take place only following notice
and a hearing, sent to the licensee at least 20 days prior to the hearing. No license shall be revoked or
suspended until the conclusion of any hearing. The board shall render its judgment no later than 20
days following the conclusion of the hearing.
C.45:15C-28 Additional fines.
18. In addition to suspension or revocation of a license, the board may levy a fine, not to
exceed $1,000 for a first violation and not to exceed $2,500 for a second or subsequent violation of
this act. If the violation is of a continuing nature, each day during which it continues shall constitute
an additional, separate, and distinct offense. The civil penalty shall be issued for and recovered by
and in the name of the board, and shall be collected by summary proceeding pursuant to the “Penalty
Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.), including reimbursement for the
cost of investigation.
C.45:15C-29 Injunction prohibiting act, practice.
19. Whenever it shall appear to the board or the Department of Environmental Protection
that a violation of this act has occurred, is occurring, or will occur, the Attorney General, in addition
to any other proceeding authorized by law, may seek and obtain in a summary proceeding in the
Superior Court an injunction prohibiting the act or practice. The court may assess a civil penalty in
accordance with the provisions of this act, but the court shall not suspend or revoke any license issued
by the board.
C.45:15C-30 Appeal.
20. Any person aggrieved by an order or finding by the board or the commissioner may
appeal the order or finding to the Superior Court.
C.45:15C-31 Inapplicability of act.
21. The provisions of this act shall not apply to:
a. Any public utility or any employee of a public utility while engaged in the actual
performance of his duties as an employee;
b. Any employer under contract with a public utility who is engaged in tree trimming or
any other utility vegetation management practice for purpose of line clearance, or any employee of the
employer while engaged in the actual performance of duties in regard to tree trimming or other utility
vegetation management practice or for the installation of underground facilities or associated site
construction;
c. Any forestry activities that are conducted under the forest management and stewardship
programs approved by the State Forester, provided that tree climbing is not performed, nor are aerial
lifts, cranes, or rope and rigging operations used;
d. Landscape construction activities, including those performed by, or under the direction of,
a landscape architect, or ground based landscape maintenance activities such as pruning, fertilization,
insect and disease control, planting, transplanting and all other forms of ground based landscape
maintenance, in compliance with the sections of the American National Standards Institute practice
standards set forth by the board by regulation, with applicable safety standards and regulations
promulgated by the federal Occupational Safety and Health Administration, and with any pesticide
regulations promulgated by the Department of Environmental Protection. For the purposes of this
subsection, ground based landscape maintenance means operations that do not involve
P.L. 2009, CHAPTER 237
8
climbing, the use of aerial lifts, cranes, rope and rigging operations, or the removal of trees over 6 inch
D.B.H;
e. Any person or employer that does not offer tree care services for hire;
f. Any trees being removed pursuant to an approved site plan or subdivision approval,
provided that the tree removal activities are performed in compliance with the sections of the American
National Standards Institute practice standards set forth by the board by regulation, with applicable
safety standards and regulations promulgated by the federal Occupational Safety and Health
Administration, and with applicable safety standards of the American National Standards Institute as
designated by the board by regulation; and
g. Any employee of a municipality or county while engaged in the actual performance of
his duties as an employee.
C.45:15C-32 Deposit, use of fees and penalties.
22. All fees and penalties collected pursuant to this act shall be deposited with the board, and
their use shall be authorized by the board for the purposes of carrying out the provisions of this act.
Repealer.
23. The following are repealed:
P.L.1940, c.100 (C.45:15C-1 et seq.); and
Sections 7 and 8 of P.L.1996, c.20 (C.45:15C-2.1 and -7.1).
24. This act shall take effect immediately, except for section 23, which shall take effect upon
the final promulgation of initial regulations by the board necessary to carry out the provisions of this
act.
Approved January 16, 2010.
--- Document: NOTICE TO BIDDERS: Middlesex 2025 Road Program – LA – 2025 ---
NOTICE TO BIDDERS
BOROUGH OF MIDDLESEX
Notice is hereby given that sealed proposals will be received by the Borough of Middlesex,
Middlesex County, New Jersey (the “Owner”) for Middlesex 2025 Road Program – LA – 2025 project
and be opened and read in public at the Borough of Middlesex, 1200 Mountain Avenue, Middlesex,
NJ 08846 on Wednesday, March 4, 2026 at 3:00 PM prevailing time.
The Project consists of but is not limited to, the installation of curb ramps, detectable warning
surfaces, concrete curb, combination concrete curb and gutter, concrete sidewalk, driveway aprons,
milling and asphalt paving, resetting and reconstruction of drainage structures, striping, and
restoration of project area. All work on this contract must be completed within 90 calendar days
from issuance of a Notice to Proceed.
Contract documents and drawings for the proposed work (the “Contract Documents”, which have
been prepared by Thomas J. Herits, PE, PP, PLS, of the firm Colliers Engineering & Design Inc., are
available electronically or via delivery by common carrier by making a request to
mary.bianco@collierseng.com.
Bidders will be furnished with a copy of the Contract Documents by request upon proper notice to
the above e-mail address. In the e-mail message, the contractor shall indicate if they request an
electronic copy (PDF format) or paper copy. Electronic copies will be provided via e-mail at no
charge. Paper copies will be provided after a non-refundable charge of $150.00 payable to Colliers
Engineering & Design Inc. is received. Send payment to 101 Crawfords Corner Road, Suite 3400,
Holmdel, NJ 07733 732-383-1950. Paper copies will be sent via UPS or FedEx if the contractor
provides UPS or FedEx account information to defray the cost of this shipping method. Otherwise,
paper copies will be sent via USPS.
The Contract Documents will be available during business hours beginning on Friday, February 6,
2026 at 10:00 AM.
Proposals must be made on the standard proposal forms included with the Contract Documents in
the manner designated in the Contract Documents, must be enclosed in sealed envelopes bearing
the name and address of the bidder and the name of the project on the outside and be addressed
to the Borough of Middlesex, and must be accompanied by a statement of consent of surety from a
surety company authorized to do business in the State of New Jersey and acceptable to the Owner
and either a bid bond or a certified check drawn to the order of Borough of Middlesex for not less
than ten percent (10%) of the amount bid, except that the check shall not exceed $20,000.00. The
successful bidder is hereby notified that a performance bond and labor and material (payment)
bond for the full amount of this project is required.
The award of the Contract for this project will not be made until the necessary funds have been
provided by the Owner in a lawful manner.
Proposals for this contract will only be accepted from bidders who have properly qualified in
accordance with the requirements of the Contract Documents.
The right is also reserved to reject any or all bids or to waive any informalities where such
informality is not detrimental to the best interest of the Owner, except as to those items which are
deemed mandatory and non-waivable set forth in N.J.S.A. 40A:11-23.2. Further, the Owner reserves
the right to abandon the project and reject the bids entirely if any legal or state or federal
administrative action is taken against the Owner which could delay or jeopardize the project from
commencing. The right is also reserved to increase or decrease the quantities specified in the
manner designated in the Specifications.
The successful bidder shall be required to comply with all applicable statutory and regulatory
requirements, which include but are not limited to the affirmative action requirements of P.L. 1975,
c. 127, N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1 et seq.
Bidders will be required to comply with the public disclosure provisions of N.J.S.A.
All bid addenda will be issued on the Borough of Middlesex web site at www.middlesexboro-nj.gov. All
respondents should check the borough website from date of advertisement through bid opening date. It
is the sole responsibility of the respondents to be knowledgeable of all addenda related to this project.
By order of the Borough of Middlesex, Middlesex County, New Jersey
Francis J. Decibus QPA RPPO, Borough Purchasing Agent
--- Document: REQUESTS COMPETITIVE CONTRACT PROPOSALS FROM INDIVIDUALS/FIRMS INTERESTED IN PROVIDING INFORMATION TECHNOLOGY MANAGEMENT AND COMPUTER CONSULTING SERVICES FOR COMPUTERS, PROGRAMS AND PERIPHERAL COMPUTER EQUIPMENT THROUGHOUT THE DEPARTMENTS OF THE BOROUGH OF MIDDLESEX ---
1
Borough of Middlesex- Information Technology and Computer Consulting Services
BOROUGH OF MIDDLESEX
REQUESTS COMPETITIVE CONTRACT PROPOSALS FROM
INDIVIDUALS/FIRMS INTERESTED IN PROVIDING INFORMATION
TECHNOLOGY MANAGEMENT AND COMPUTER CONSULTING SERVICES
FOR COMPUTERS, PROGRAMS AND PERIPHERAL COMPUTER EQUIPMENT
THROUGHOUT THE DEPARTMENTS OF THE BOROUGH OF MIDDLESEX
Introduction:
The Borough of Middlesex is requesting qualifications and proposals from individuals
and/or firms for computer consulting services. It will be for a term of one (1) year from March 1,
2026 through February 28, 2027, which may be extended for up to four (4) additional (1) year
periods at the discretion of the Borough upon the same terms and conditions, and in accordance
with applicable law. The City seeks Proposals in accordance with the Competitive Contract
Procedures (N.J.S.A. 40A:11-4.1 et seq.).
Required Services:
Middlesex Borough is looking for a new vendor for the following IT support and
management of their network/voice equipment. Support will be broken into two categories, one
for township and one for the police department.
Middlesex Borough would like on-site IT support at least 1 day a week with additional on-
site support as needed. All other support may be remote.
Please provide an optional price for 24/7 IT support for the Police department.
Locations include:
• Borough Hall
• Police Department
Infrastructure includes but not limited to:
Server and Network
• Windows Server 2016/2019/2022
• Windows 10/11
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Borough of Middlesex- Information Technology and Computer Consulting Services
• Virtualization Hypervisor Support (VMware/Hyper-V/KVM)
• Network Attached Storage
• Extreme Networks switches
• Dell Network Switches
• Windows File/Print Service
• Active Directory
• Group Policy Management
• Backup Maintenance
• Safefleet Body Camera and MDT Camera system
• Police MDT Cradlepoint Wireless Routers
• Datto Networking and Access Points
• Sonicwall Firewall
Hardware:
• Dell Optiplex hardware
• Panasonic Toughbooks
• Dell PowerEdge R640 Servers
• Synology NAS
• Avaya IP Phones
• Lexmark
• HP
• Brother
• Yubi Key tokens
VoIP:
• Avaya VOIP Phone system
• Avaya IP Phones
Security Cameras:
• HIKVision Camera system
Applications:
• SentinelOne ThreatLocker
• InfoCop and eTicket for Police vehicles
• SDL (GeoClient)
• Edmunds Cloud
• Mitchel Humphreys
• GovPilot
• WonderShare
• Microsoft 365 Cloud
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Borough of Middlesex- Information Technology and Computer Consulting Services
• Microsoft Office Suite
• Teledynamics Phone Recording System
• ArcGIS
• AutoCAD
• Autodesk
Quantities:
TWP Workstations: 15
TWP Laptops: 7
TWP Servers: 2
TWP Storage: 1
TWP Network/Firewall: 5
PD Workstations: 25
PD MDTs: 15
PD Servers: 7
PD Storage: 1
PD Network/Firewall: 5
Deliverables and Duties
General Support (TWP and PD)
• Provide patching, security updates on all servers, workstations and network devices
• Monitor event log activity for indications of security related events
• Provide all server management and maintenance
• Provide capacity management of current infrastructure and plan for future growth
• Troubleshoot all server and workstation issues
• Maintain documentation for IT related areas
• Help develop and maintain disaster recovery plan with business continuity
• Execute annual testing of disaster recovery and business continuity plan
• Will maintain and monitor helpdesk for all support related issues
• Provide offsite backups utilizing the existing solution or proposed new solution
• Provide an SLA for major incidents and response times
• Act as the IT Manager regarding project management and 3rd party liaison
• Manage the Microsoft 365 tenant for the township/PD and all related licensing issues
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Borough of Middlesex- Information Technology and Computer Consulting Services
• Coordinate with budget preparation for all IT related items
• Train township staff in all technology related functions as they relate to the work
environment
Service Level Agreement
Tier 3 Issues (Low Impact to Business)
Within 4 hrs
Tier 2 Issues (Medium Impact to
Business)
Within 2 hrs
Tier 1 Issues (High Impact to Business)
Within 1 hr
Qualifications
• Vendor’s primary business focus is technology and has the related knowledgebase and
relevant experience appropriate for this evaluation
• Vendor must be in business for at least five (5) years
• Vendors headquarters and staff must be located in New Jersey
• All work will be performed by vendor’s full-time staff and not subcontractors
• Vendor has never declared bankruptcy
• Support requirements include on site/remote support as needed
• Vendor support person must be on site two days a week between 8:30am and 4:30pm
• Vendor will be expected to manage the installation of new equipment (Desktops, network
devices, cable wiring, access points, switches, UPS, etc.)
• Vendor must adhere to all CJIS compliance requirements and pass background checks
• Vendor certifications required include MCSE, A+, VCP, ITIL
Additional Requirements:
Each candidate shall submit proof of business registration with the New Jersey
Division of Taxation (P.L. 2004, C.57) within the time permitted by law. The registration
must be effective as of the time and date for the submission of proposals.
The successful candidate shall be required to comply with the following insurance
requirements:
a.
The Contractor shall be required to carry full insurance including
comprehensive general liability; workman’s compensation insurance;
which shall cover all operations of the Contractor, its employees, agents and
servants hereunder, and; motor vehicle and equipment used by the
Contractor in connection with the Contractor’s operations under the
Contract; Contractor shall provide professional liability (errors & omissions)
insurance for claims arising from any negligent performance of contractors’
services pursuant to the agreement in the amount of $1,000,000 per claim.
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Borough of Middlesex- Information Technology and Computer Consulting Services
Said insurance, by endorsement, shall fully protect the Borough of Middlesex
from liability.
b.
Certificates naming the Borough of Middlesex as an additional named
insured, and evidencing such insurance coverage, shall be filed with the City
Clerk prior to the commencement of operations here under by the
Contractor.
The following Certificates of Insurance must be furnished:
I.
Worker’s Compensation;
Part Two – Statutory
II.
Comprehensive General Liability:
A. Minimum limits: $1,000,000.00;
Combined Single Limit Coverage to include:
Premise / Operations; Independent Contractors;
Product / Completed Operations;
Contractual; Personal Injury;
Broad Form Property Damage;
Borough of Middlesex as additional insured.
B: Comprehensive General Liability must be
maintained for at least one year after completion of the
contract and its acceptance by the Borough of
Middlesex.
III.
If applicable, Professional Liability insurance in the
amount of not less than $1,000,000.
The certificate of insurance shall designate the Borough of Middlesex as an
additional insured and shall contain a thirty (30) day notice of
cancellation whereby the City Clerk will be provided with a written
notification of cancellation. Said insurance must be paid for a
minimum of six (6) months into the contract period at the time of the
contract.
It is understood and agreed that the Contractor is an independent
Contractor and not an employee of the Borough of Middlesex.
The Contractor agrees to indemnify and hold harmless the Borough of
Middlesex, the Board of Commissioners of the Borough of Middlesex,
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Borough of Middlesex- Information Technology and Computer Consulting Services
and all of its officers, agents and employees of and from any and all
liability for damages for injury to person and property, including death
and against and from all suits and actions and all costs, damages and
change of whatsoever kind of nature, including attorneys’ fees to
which the Borough of Middlesex maybe put for or on account of any
injury or alleged injury to person, including death, or property,
resulting from the performance of the Contractor’s operations under
this Contract, or by or in consequence of any neglect or omission on
the part of the Contractor in the performance of operations under the
Contract, whether such operations, or in the absence thereof, be by the
Contractor or anyone directly or indirectly employed by or providing services
on behalf of the Contractor.
The Contractor shall hold the Borough of Middlesex harmless for
damages to the Contractor’s Equipment utilized during the term of this
Contract.
The successful Contractor shall be required to execute the form of
hold harmless agreement attached hereto.
Programs of self-insurance are not acceptable.
Professional Information and Qualifications
Copies of this standardized submission requirements and selection criteria are on file and
available from the Office of the City Clerk. Each interested candidate shall submit the following
information within the time permitted by law:
1.
Name of firm, business organization, shareholders and directors with more than a
ten per cent interest in the organization;
2.
Any licenses held by the Proposer or employees of the Proposer (provide copies of
all licenses);
3.
Address of principal place of business and all other offices and corresponding
telephone and fax numbers for all individuals assigned to perform the services;
4.
Description of the Proposer’s qualifications, number of years in business and a
description of their experience with services similar to those described above. This
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Borough of Middlesex- Information Technology and Computer Consulting Services
includes a similar description for all key personnel. Demonstrate ability to comply
with requirements in “Required Services” section of this RFP;
5.
Experience in providing similar services for municipalities, including a
description of the services you propose to provide to the City to successfully
implement the services;
6.
At least three (3) references, two (2) of which must have knowledge of your
service to public entities;
7.
The organization’s ability to provide the services in a timely fashion (including
staffing, familiarity and location of key staff);
8.
Please fill out the attached Proposal Form. In addition, please provide any further (if
any), cost details, including rates and fees, broken down into specific services to be
provided, a flat fee or fee schedule, the names of each of the individuals who will
perform the services and all expenses and costs for which the Borough will be
responsible. Also advise as to what facilities, materials and equipment the Borough
will be responsible for providing (if any);
9.
Any other information which the interested organization deems relevant;
10.
Statement concerning Ethics Complaint (copy attached);
11.
Statement of Ownership Disclosure (c.52:25-24.2) (copy attached);
12.
Non-Collusion Affidavit (copy attached);
13.
Proof of business registration with the New Jersey Division of Taxation (P.L.
2004 c. 57) (prior to award of contract);
14.
If required by the Borough, criminal background check for all persons who will be
assigned to provide services under this contract shall be provided to the Borough
after the contract is awarded and the contract is contingent upon receipt by the
Borough of satisfactory background checks;
15.
Disclosure of Investment Activities in Iran form (prior to award of contract. Form
attached); and
16.
Certification of Non-Involvement in Prohibited Activities in Russia or Belarus form
(prior to the award of contract. Form attached).
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Borough of Middlesex- Information Technology and Computer Consulting Services
Evaluation of Proposals/Selection Criteria:
It should be understood by each company submitting a proposal that the Borough must select a
proposal that not only meets and conforms to the scope of work included in the RFP, but also
offers clear and reasonable assurances of successfully meeting the Borough’s needs. The criteria
that will be considered in evaluating proposals are the criteria detailed in the table below. They are
weighted based on importance to the Borough. The points awarded range from 0 to 5, with 5 being
the highest score and 0 the lowest score. After the points are awarded by the evaluator, the
weighting factor will be applied and a total score will be calculated, which will then be
recommended to the Board of Commissioners for the award of the contract. Each area of the
evaluation should be addressed in detail in the company’s proposal. The criteria are as follows:
Criteria
Weighting
Factor
Points 1-5
(5 is the highest)
TECHNICAL CRITERIA
Vendor’s proposal demonstrates a clear
understanding of the scope of work and related
objectives
10%
1-5
MANAGEMENT CRITERIA
History and experience in performing similar
work. Availability of personnel, facilities and
equipment.
Qualification and experience of personnel.
Significant experience representing Government
entities of similar budget.
25%
1-5
PAST EXPERIENCE & PERFORMANCE
References, including Prior Experience in the
Borough of Middlesex, or similar entity
40%
1-5
COST CRITERIA
Cost of Service
25%
1-5
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Borough of Middlesex- Information Technology and Computer Consulting Services
All professional service contractors are required to comply with 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). The
submission package is printable from the website www.middlesexboro-nj.gov or may be obtained
at the Clerk’s Office, Municipal Building,1200 Mountain Avenue, Middlesex, New Jersey 08846
during regular business hours (9:00 a.m. – 4:00 p.m.).
A contract, if awarded, shall be awarded as permitted by N.J.S.A. 40A:11-4.5 The Borough
reserves the right to waive any informalities in, and/or reject any and all proposals as may be
permitted by law. Under no circumstances shall the provisions of a proposal be subject to
negotiation by the Borough.
Submission Requirements:
Proposals shall be submitted to the Borough of Middlesex via Email; Kmeixner at
Clerk@middlesexboro-nj.gov no later than 12:00 Noon local prevailing time on Wednesday,
January 28, 2026. RFP documents are available to download at: middlesexboro-nj.gov under
purchasing (RFPS, BIDS AND RFQS).
Kelsey Meixner, Clerk
1200 Mountain Ave
Middlesex, NJ 08901
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Borough of Middlesex- Information Technology and Computer Consulting Services
BOROUGH OF MIDDLESEX
PROFESSIONAL SERVICES - 2026
CHECKLIST
PROFESSIONAL SERVICE TITLE: _________________________________________________
Please fill in the appropriate title in the space above.
SUBMISSION DATE: January 28, 2026 at 12:00 PM
The following items, as indicated below (X), shall be provided with the receipt of sealed submissions:
1. Non-Collusion Affidavit …………………………….……………………………… ___X____
2. Stockholder Disclosure Certification ……………………………………….…………. ___X____
3. Insurance Requirement Acknowledgement Form …………..……….……………… ___X____
4. Mandatory Equal Employment Opportunity Notice Acknowledgement ………………___X____
5. Copy of your Business Registration Certificate as issued by the State of
New Jersey, Department of Treasury, Division of Revenue ...……………………….. ___X____
6. Professional Service Entity Information Form ……………………….………………. ___X____
7. Qualifications Submission Form…….………………………………………….……… ___X____
8. Certification of Prohibited Activities In Russia and Belarus & Investment Activities
In Iran Pursuant To P.L.2022,c.3………………………………………………..………. ___X____
9. Acknowledgement of Corrections, Additions or Deletions Form ………………….
___X____
10. Proposal Cost/Signature Form ………………………………..……………..…………..___X____
Reminder
Please submit one (1) original and one (1) additional set of the sealed submission.
Each submission shall be contained in an email to the Municipal Clerk at
clerk@middlesexboro-nj.gov .
The submission is to be clearly marked (indicating the category of the professional service) –
“Sealed Submission Enclosed” (e.g. Borough Auditor – sealed submission enclosed) and must
be delivered at the place and time required so as to be received prior to the opening time set in
the advertisement.
Submissions received after the hour herein named or in unsealed envelopes shall not be
considered.
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Borough of Middlesex- Information Technology and Computer Consulting Services
BOROUGH OF MIDDLESEX
BID PROPOSAL FORM/SIGNATURE PAGE
PROFESSIONAL SERVICES - 2026
TO THE BOROUGH OF MIDDLESEX:
The undersigned declares that he/she has read the Notice, Instructions, Affidavits and Scope of
Services attached, that he/she has determined the conditions affecting the bid and agrees, if this bid
is accepted, to furnish and deliver services per the following:
PROFESSIONAL SERVICES
FEE SCHEDULE SUBMITTED Yes No
(Corporation)
The undersigned is a (Partnership) under the laws of the State of __________________________ having its
(Individual)
Principal office at
Company
Federal I.D. # or Social Security #
Address
Signature of Authorized Agent
Type or Print Name
Title of Authorized Agent
Date
Telephone Number
Email Address
Fax Number
12
Borough of Middlesex- Information Technology and Computer Consulting Services
BOROUGH OF MIDDLESEX
QUALIFICATIONS SUBMISSION FORM
1.
Names and roles of the individuals who will perform the services and description of their
education and experience with projects similar to the services contained herein including
their education, degrees and certifications:
2.
References and record of success of same or similar service:
3.
Description of ability to provide the services in a timely fashion (including staffing,
familiarity and location of key staff):
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Borough of Middlesex- Information Technology and Computer Consulting Services
4. Cost details, including the hourly rates of each of the individuals who will perform
services, including their title, level of expertise and years of experience, and all expenses:
Firm __________________________________________ Date: _________________________
Authorized Representative (Print):___________________________________________________
Signature: ________________________ Title:________________________________________
Telephone #: _____________________ Fax #: ______________________________________
14
Borough of Middlesex- Information Technology and Computer Consulting Services
BOROUGH OF MIDDLESEX
PROFESSIONAL SERVICE ENTITY INFORMATION FORM
If the Professional Service Entity is an INDIVIDUAL, sign name and give the following information:
Name:______________________________________________________________________________________________
Address:_____________________________________________________________________________________________
Telephone No.: ____________________Social Security No.:___________________________________________________
Fax No.: _______________________ E-Mail: _____________________________________________________________
If individual has a TRADE NAME, give such trade name:
Trading As: _________________________________ Telephone No.: ___________________________________________
****************************************************************************************************
If the Professional Service Entity is a PARTNERSHIP, give the following information:
Name of
Partners:_____________________________________________________________________________________________
Firm
Name:_______________________________________________________________________________________________
Address:_____________________________________________________________________________________________
Telephone No.: ____________________________ Federal I.D. No.:_____________________________________________
Fax No.: ______________________ E-Mail:_______________________________________________________________
Social Security No.:___________________________________________________________________________________
Signature of authorized agent:____________________________________________________________________________
****************************************************************************************************
If the Professional Service Entity is INCORPORATED, give the following information:
State under whose laws incorporated:_____________________________________________________________________
Location of principal office:_____________________________________________________________________________
Telephone No.: ____________________ Federal I.D. No.: ____________________________________________________
Fax No.: _______________________ E-Mail:_______________________________________________________________
Name of agent in charge of said office upon whom notice may be legally served:
____________________________________________________________________________________________________
Telephone No.: ___________________Name of Corporation: __________________________________________________
Signature: By: __________________________________________________________
Title: Address: ______________________________________________________________
15
Borough of Middlesex- Information Technology and Computer Consulting Services
BOROUGH OF MIDDLESEX
OWNERSHIP STATEMENT - STOCKHOLDER DISCLOSURE FORM
LEGAL NAME OF BIDDER: ___________________________________________________________
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
Other, Please List __________________________________
List the names and addresses of all stockholders who own ten (10%) percent or more of the above company’s stock, and if
there are NO STOCKHOLDERS OF 10% OR MORE, simply check the second box below. If one or more such
stockholders or partner is itself a corporation or partnership, the stockholders holding 10% or more of that corporation's stock,
or the individual partners owning 10% of that corporation's stock, or the individual partners owning 10% or greater interest
in that partnership, as the case may be, must also be listed.
The disclosure shall be continued until names and addresses of every person who is a non-corporate stockholder,
or individual partner, exceeding the 10% ownership criteria established in this act, has been listed, in full
compliance with Chapter 33 of the New Jersey Public Laws of 1977.
BIDDERS/RESPONDENTS MUST CHECK THE APPROPRIATE BOX:
I certify that the list below contains the names and addresses of all stockholders holding 10% or more of the issued
and outstanding stock of the undersigned.
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned.
Publicly Traded - For publicly traded entities to comply with N.J.S.A. 52:25-24.2 they may submit the name and address of
each publicly traded entity, and the name and address of each person holding 10% or more beneficial interest in the publicly
traded entity as of the last annual filling with the Security Exchange Commission (SEC), or foreign equivalent
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing, or foreign equivalent:
____________________________________________________________________________________________
The requested information is available on the following page number(s) of the SEC, or foreign equivalent, filing:
____________________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
(Note: Attach additional pages if necessary)
________________________________________________________________
______________
(Respondent/Respondent Authorized Signature)
(Date)
___________________________________________
______________________________________
(Print name of authorized signatory)
(Title)
16
Borough of Middlesex- Information Technology and Computer Consulting Services
BOROUGH OF MIDDLESEX
NON-COLLUSION AFFIDAVIT
State of _____________
County of _____________
ss:
I, _____________________________ of the City of _______________________________
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 bidder making this Proposal for the above named project, and that I executed the said proposal
with full authority so to do; that said bidder has not, directly or indirectly entered into any agreement,
participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding
in connection with the above named project; and that all statements contained in said proposal and
in this affidavit are true and correct, and made with full knowledge that the Borough of Middlesex
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_________________________________.
(Name of Contractor)
(N.J.S.A. 52:34-15)
Subscribed and sworn to
Before me this _______day
Of ___________, _______.
Signature
(Type or print name of affiant under signature)
_______________________________________
Notary public of
My Commission expires ___________________.
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Borough of Middlesex- Information Technology and Computer Consulting Services
BOROUGH OF MIDDLESEX
INSURANCE REQUIREMENTS AND ACKNOWLEDGEMENT FORM
Certificate(s) of Insurance shall be filed with the Borough Clerk’s Office upon award of
contract by the Mayor and Borough Council.
The minimum amount of insurance to be carried by the Professional Service Entity shall
be as follows:
PROFESSIONAL LIABILITY INSURANCE
Limits shall be a minimum of $2,000,000.00 for each claim and $4,000,000.00 aggregate
each policy period.
Acknowledgement of Insurance Requirement:
________________________________________________________________
(Signature)
(Date)
________________________________________________________________
(Printed Name and Title)
18
Borough of Middlesex- Information Technology and Computer Consulting Services
EXHIBIT A
EEO/AFFIRMATIVE ACTION COMPLIANCE NOTICE
N.J.S.A. 10:5-31 and N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance
to the Borough and Division of Public Contracts Equal Employment Opportunity Compliance. During
a review, Division representatives will review the Borough files to determine whether the affirmative
action evidence has been submitted by the vendor/contractor. Specifically, each vendor/contractor
shall submit to the Borough, prior to execution of the contract, one of the following documents:
Goods and General Service Vendors
1. Letter of Federal Approval indicating that the vendor is under an existing federally approved or
sanctioned affirmative action program. A copy of the approval letter is to be provided by the
vendor to the Borough and the Division. This approval letter is valid for one year from the date
of issuance.
Do you have a federally-approved or sanctioned EEO/AA program?
Yes
No
If yes, please submit a photo static copy of such approval.
2. A Certificate of Employee Information Report (hereafter “Certificate”), issued in accordance with
N.J.A.C. 17:27-1.1 et seq. The vendor must provide a copy of the Certificate to the Borough as
evidence of its compliance with the regulations. The Certificate represents the review and
approval of the vendor’s Employee Information Report, Form AA-302 by the Division. The period
of validity of the Certificate is indicated on its face. Certificates must be renewed prior to their
expiration date in order to remain valid.
Do you have a State Certificate of Employee Information Report Approval?
Yes
No
If yes, please submit a photo static copy of such approval.
3. The successful vendor shall complete an Initial Employee Report, Form AA-302 and submit it to
the Division with $150.00 Fee and forward a copy of the Form to the Borough. Upon submission
and review by the Division, this report shall constitute evidence of compliance with the
regulations. Prior to execution of the contract, the EEO/AA evidence must be submitted.
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on
the Division website www.state.nj.us/treasury/contract_compliance.
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal
Employment Opportunity Compliance, with a copy to Public Agency.
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 and N.J.A.C. 17:27 and agrees to furnish the required forms of
evidence.
The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27.
COMPANY: ______________________________ SIGNATURE: ____________________________
PRINT NAME:___________________________ TITLE: __________________________________
DATE: __________________
19
Borough of Middlesex- Information Technology and Computer Consulting Services
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 Borough employment goals established
in accordance with N.J.A.C. l7:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited
to, employment agencies, placement bureaus, colleges, universities, 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 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 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 www.state.nj.us/treasury/contract_compliance).
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
20
Borough of Middlesex- Information Technology and Computer Consulting Services
SAMPLE CERTIFICATE OF EMPLOYEE INFORMATION REPORT
21
Borough of Middlesex- Information Technology and Computer Consulting Services
BOROUGH OF MIDDLESEX
AMERICANS WITH DISABILITIES ACT OF 1990
Equal Opportunity for Individuals with Disability
The Contractor and the Owner, do hereby agree that the provisions of Title 11 of the Americans With
Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 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 owner 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 owner in any action or administrative proceeding commenced pursuant to this Act. The contractor
shall indemnify, protect, and save harmless the 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 owner’s grievance procedure, the contractor agrees
to abide by any decision of the owner which is rendered pursuant to said grievance procedure. If any
action or administrative proceeding results in an award of damages against the owner, or if the 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 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 owner or any of its agents, servants, and
employees, the owner shall expeditiously forward or have forwarded to the contractor every demand,
complaint, notice, summons, pleading, or other process received by the owner or its representatives.
It is expressly agreed and understood that any approval by the 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 owner pursuant to this
paragraph.
It is further agreed and understood that the 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 owner from taking any other actions available to it
under any other provisions of the Agreement or otherwise at law.
22
Borough of Middlesex- Information Technology and Computer Consulting Services
BOROUGH OF MIDDLESEX
THESE ARE SAMPLES OF THE ONLY ACCEPTABLE
BUSINESS REGISTRATION CERTIFICATES
PREFER SUBMITTED WITH BID RESPONSE
REQUIRED BY LAW PRIOR TO AWARD OF CONTRACT
23
Borough of Middlesex- Information Technology and Computer Consulting Services
CERTIFICATION OF NON‐INVOLVEMENT IN
PROHIBITED ACTIVITIES IN RUSSIA OR BELARUS
Pursuant to N.J.S.A. 52:32-60.1, et seq. (L. 2022, c. 3) any person or entity (hereinafter “Vendori”) that seeks to
enter into or renew a contract with a State agency for the provision of goods or services, or the purchase of bonds
or other obligations, must complete the certification below indicating whether or not the Vendor is identified on the
Office of Foreign Assets Control (OFAC) Specially Designed Nationals and Blocked Persons list, available here:
https://sanctionssearch.ofac.treas.gov/. If the Department of the Treasury finds that a Vendor has made a
certification in violation of the law, it shall take any action as may be appropriate and provided by law, rule or
contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the
party in default and seeking debarment or suspension of the party.
I, the undersigned, certify that I have read the definition of “Vendor” below, and have reviewed the Office of Foreign
Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, and having done so certify:
(Check the Appropriate Box)
A. That the Vendor is not identified on the OFAC Specially Designated Nationals and Blocked Persons list
on account of activity related to Russia and/or Belarus.
OR
B. That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially
Designated Nationals and Blocked Persons list on account of activity related to Russia and/or Belarus.
OR
C. That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially
Designated Nationals and Blocked Persons list. However, the Vendor is engaged in activity related to
Russia and/or Belarus consistent with federal law, regulation, license or exemption. A detailed description
of how the Vendor’s activity related to Russia and/or Belarus is consistent with federal law is set forth
below.
Signature of Vendor’s Authorized Representative
Date
Print Name and Title of Vendor’s Authorized Representative
Vendor Name
Vendor Phone Number
Vendor Address (Street Address)
Vendor Fax Number
Vendor Address (City/State/Zip Code)
Vendor Email Address for Authorized Representative
______________________________________________
i Vendor means: (1) A natural person, corporation, company, limited partnership, limited liability partnership, limited liability company,
business association, sole proprietorship, joint venture, partnership, society, trust, or any other nongovernmental entity, organization, or
group; (2) Any governmental entity or instrumentality of a government, including a multilateral development institution, as defined in
Section 1701(c)(3) of the International Financial Institutions Act, 22 U.S.C. 262r(c)(3); or (3) Any parent, successor, subunit, direct or
indirect subsidiary, or any entity under common ownership or control with, any entity described in paragraph (1) or (2).
NJ Rev. 1.22.2024
(Attach Additional Sheets If Necessary.)
24
Borough of Middlesex- Information Technology and Computer Consulting Services
Disclosure of Investment Activities in Iran
Person or Entity
Part 1: Certification
COMPLETE PART 1 BY CHECKING EITHER BOX.
Pursuant to Public Law 2012, c. 25, any person or entity that is a successful bidder or proposer, or otherwise proposes
to enter into or renew a contract, must complete the certification below to attest, under penalty of perjury, that neither
the person or entity, nor any parent entity, subsidiary, or affiliate is identified on the State Department of Treasury's
Chapter 25 list as a person or entity engaging in investment activities in Iran. The list is found on Treasury’s website
at www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf.
The Chapter 25 list must be reviewed prior to completing the below certification. If a vendor or contractor is found
to be in violation of law, action may be taken as appropriate and as may provided by law, rule or contract, including
but not limited to imposing sanctions, seeking compliance, recovering damages, declaring the party in default and
seeking debarment or suspension of the party.
I certify, pursuant to Public Law 2012, c. 25, that neither the person or entity listed above,
nor any parent entity, subsidiary, or affiliate thereof is listed on the N.J. Department of the
Treasury’s list of entities determined to be engaged in prohibited activities in Iran pursuant
to P.L. 2012, c. 25 ("Chapter 25 List"). I further certify that I am the person listed above,
or I am an officer or representative of the entity listed above and am authorized to make
this certification on its behalf. I will skip Part 2 and sign and complete the Certification
below.
OR
I am unable to certify as above because the person or entity and/or a parent entity,
subsidiary, or affiliate thereof is listed on the N.J. Department of the Treasury’s Chapter
25 list. I will provide a detailed, accurate and precise description of the activities in Part 2
below sign and complete the Certification below.
25
Borough of Middlesex- Information Technology and Computer Consulting Services
Part 2: Additional Information
PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN.
You must provide a detailed, accurate and precise description of the activities of the person or entity, or a parent entity,
subsidiary, or affiliate thereof engaging in investment activates in Iran below and, if more space is needed, on
additional sheets provided by you.
Part 3: Certification of True and Complete Information
I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any
attachments there to the best of my knowledge are true and complete. I attest that I am authorized to execute this
certification on behalf of the above-referenced person or entity.
I acknowledge that the Name of Contracting Unit is relying on the information contained herein and thereby
acknowledge that I am under a continuing obligation from the date of this certification through the completion of
any contracts with the Reference to Contracting Unit to notify the Reference to Contracting Unit in writing of
any changes to the answers of information contained herein.
I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in
this certification, and if I do so, I recognize that I am subject to criminal prosecution under the law and that it will
also constitute a material breach of my agreement(s) with the Name of Contracting Unit and that the Reference
to Contracting Unit at its option may declare any contract(s) resulting from this certification void and
unenforceable.
Full Name (Print)
Title
Signature
Date
Borough of Middlesex- Information Technology and Computer Consulting Services
BOROUGH OF MIDDLESEX
ACKNOWLEDGMENT OF RECEIPT OF ADDENDA
The undersigned Bidder hereby acknowledges receipt of the following Addenda:
ADDENDUM
NUMBER
DATE
ACKNOWLEDGE RECEIPT
(Initial)
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
No Addenda were received:
Acknowledged for:
(Name of Bidder)
By:
(Signature of Authorized Representative)
Name:
(Print or Type)
Title:
Date:
--- Document: + IT SERVICE COMPETITIVE CONTRACT ADDENDUM ---
ADDENDUM # 1
REQUEST FOR PROPOSAL
BOROUGH OF MIDDLESEX REQUESTS COMPETITIVE CONTRACT PROPOSALS
FROM INDIVIDUALS/FIRMS INTERESTED IN PROVIDING INFORMATION
TECHNOLOGY MANAGEMENT AND COMPUTER CONSULTING SERVICES FOR
COMPUTERS, PROGRAMS AND PERIPHERAL COMPUTER EQUIPMENT
THROUGHOUT THE DEPARTMENTS OF THE BOROUGH OF MIDDLESEX
ISSUE DATE OF ADDENDUM: JANUARY 19, 2026
Notification of Addenda
Borough of Middlesex
Notification of Addenda # 1 has been issued for the Borough of Middlesex for
Competitive Contract 001-2026 Information Technology and Computer Consulting for
Computers, Programs and Peripheral Computer Equipment throughout the
Departments of the Borough of Middlesex.
Proposals shall be submitted to the Borough of Middlesex via Email to;
Clerk@middlesexboro-nj.gov no later than 12:00 Noon local prevailing time on
Wednesday, January 28, 2026. RFP documents are available to download at:
middlesexboro-nj.gov under purchasing (RFPS, BIDS AND RFQS).
Any RFP Addenda will be issued on the Borough of Middlesex website; www.middlesex
boro-nj.gov. All interested respondents should check the website from now through
receipt of RFP. It is the sole responsibility of the respondent to be knowledgeable of all
addenda related to this procurement.
Respondents are required to comply with the requirements of N.J.S.A 10:5-31 et seq.
and N.J.A.C. 17-27 et seq.
Francis J. Decibus, QPA
SPECIFICATIONS REVISED
Page 1 – IT support at least 1 day a week on-site
Page 4 – Under Qualifications – must be onsite two days a week
Locations:
Only shows Boro Hall and PD – it is missing, DPW, Seniors/Rec, Pool and Parks
Quantities are incorrect, see below:
Boro Hall, DPW, Senior/Rec, Pool and Parks
TWP Workstations: 38 (not 15)
TWP Laptops: 27 (not 7)
TWP Servers: 6 (2 Physical, 4 virtual) (not 2)
TWP Storage: 1
TWP Network/Firewall: 3
Police Department
PD Workstations: 35 (not 25)
PD Laptops: 7 (added line)
PD MDTs: 12 (not 15)
PD Servers: 9 (2 physical, 7 virtual) (not 7)
PD Storage: 1
PD Network/Firewall: 1
In Bid:
Workstations: 40
Laptops: 7
MDTs: 15
Servers: 9
Firewalls: 10
Actual:
Workstations: 73
Laptops: 34
MDTs: 12
Servers: 15
Firewalls: 4
Respondents are reminded to ensure all documents related to the award are submitted with their
proposal included in the original issued RFP.
--- Document: NOTICE OF INTENT TO AWARD CONTRACT - The Borough of Middlesex intends to participate in the OMINIA Partners Cooperative contract for the purchase software and equipment for the new door access systems for Borough Hall and Police Headquarters ---
BOROUGH OF MIDDLESEX
NOTICE OF INTENT TO AWARD CONTRACT
UNDER A NATIONAL COOPERATIVE PURCHASING AGREEMENT
The Borough of Middlesex intends to participate in the OMINIA Partners Cooperative contract for
the purchase software and equipment for the new door access systems for Borough Hall and Police
Headquarters.
Information regarding the contract may be found at Middlesex Borough, Municipal Clerk’s Office,
1200 Mountain Avenue, Middlesex, NJ 08846 between 9 am and 4 pm.
The Borough of Middlesex has joined the OMNIA Partner Cooperative Pricing System. The OMNIA
contract term for this procurement is December 1, 2022 to November 30, 2025.
It is the intent of the Borough of Middlesex to make a contract award to LTW, 26 Chapin Road Suite
1112, Pine Brook, NJ as stated in OMINA Contract, pursuant to the proposal submitted in response
to the OMNIA advertised competitive, sealed bid.
The Borough of Middlesex is permitted to join national cooperative purchasing agreements under
the authority of N.J.S.A. 52:34-6.2 (b) (3). Comment period ends January 14, 2025, at 10:00 am.
Linda Chismar, Municipal Clerk
--- Document: RFP – 2024-007 - PUBLIC NOTICE UNDER A FAIR AND OPEN PROCESS FOR THE SOLICITATION OF QUALIFICATIONS AND RATES FOR RISK MANAGER- HEALTH INSURANCE CONSULTING SERVICES ---
RFP – Risk Manager – Insurance Consulting Services 2025 – Borough of Middlesex
1
Borough of Middlesex
1200 Mountain Avenue
Middlesex, New Jersey 08846
RFP – 2024-007
PUBLIC NOTICE UNDER A FAIR AND OPEN PROCESS FOR THE SOLICITATION OF
QUALIFICATIONS AND RATES FOR RISK MANAGER- HEALTH INSURANCE
CONSULTING SERVICES
FOR APPOINTMENT JANUARY 1, 2025 THROUGH DECEMBER 31, 2025
NOTICE IS HEREBY GIVEN that sealed submissions will be received by the Purchasing
Agent or designated representative, for Middlesex Borough, on Wednesday, January 15, 2025 at 11:00
am prevailing time, in the Municipal Building, 1200 Mountain Avenue, Middlesex, New Jersey 08846,
then publicly opened for the following positions:
•
RISK MANAGER – HEALTH INSURANCE CONSULTING SERVICES
All professional service contractors are required to comply with 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). The submission
package is printable from the website www.middlesexboro-nj.gov or may be obtained at the Clerk’s
Office, Municipal Building,1200 Mountain Avenue, Middlesex, New Jersey 08846 during regular
business hours (9:00 a.m. – 4:00 p.m.).
The Borough reserves the right to reject any or all submissions due to any defects or waive informalities
and accept any submissions that in their judgment will be in the best interest of the Borough. Questions
concerning this notice may be directed to the Purchasing Agent, cmodica@middlesexboro-nj.gov.
Date Advertised: December 23, 2024
Carmen Modica
Purchasing Agent
RFP – Risk Manager – Insurance Consulting Services 2025 – Borough of Middlesex
2
BOROUGH OF MIDDLESEX
GENERAL INSTRUCTIONS
1. Introduction
The Borough of Middlesex, Middlesex County, State of New Jersey (hereinafter called the “OWNER”)
invites submissions for the service(s) mentioned in the Public Notice for Professional Services
Qualifications and Rates for 2025.
This contract is to furnish and deliver professional services for the Borough of Middlesex through a fair
and open process in accordance with N.J.S.A. 19:44A-20.4 et. seq.
2. Administrative Conditions and Requirements
The following items express the conditions and requirements of this RFP. Together with the other RFP
sections, they apply to the RFP process, the subsequent contract, and project production. Any proposed
change, modification, or exception to these conditions and requirements may be the basis for the owner
to determine the proposal as non-responsive to the RFP and will be a factor in the determination of an
award of a contract. The contents of the proposal of the successful respondent, as accepted by the owner,
will become part of any contract awarded as a result of this RFP.
2.1 Schedule
The dates established for respondent proposals, proposal review, contractor selection and project
initiation are:
1. Release of RFP
December 23, 2024
2. Proposal Due Date
January 15, 2025
3. Governing Body Action
January 28, 2025
2.2 Proposal Submission Information
Submission Date and Time: Wednesday, January 15, 2025 at 11:00am
One (1) Original signed in ink & one (1) copy of the RFP response.
Submission Office:
Purchasing Agent, Clerk’s Office
1200 Mountain Avenue
Middlesex, NJ 08846
Submissions must be provided on a Standardized Submission Form as supplied in the submission
package and signed by the professional services entity or principal thereof. All prices and amounts must
be written in ink or preferably typewritten. Each signatory to the submission must initial all erasures or
corrections.
Each submission shall be contained in a sealed envelope addressed to: Purchasing Agent, Borough of
Middlesex, 1200 Mountain Ave., Middlesex, NJ 08846, and said envelope shall specify “Sealed
Submission Enclosed” Risk Manager – Health Insurance Consulting Services and must be delivered at
the place and time required or mailed so as to be received prior to the opening time set in the
advertisement. Submissions received after the hour herein named or in unsealed envelopes shall not be
considered. The original proposal shall be signed in ink and marked to distinguish it from the one (1)
copy. Faxed or emailed proposals will NOT be accepted.
RFP – Risk Manager – Insurance Consulting Services 2025 – Borough of Middlesex
3
The 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.
Responses delivered before the submission date and time specified above may be withdrawn upon
written application of the respondent who shall be required to produce evidence showing that the
individual is or represents the principal or principals involved in the proposal. After the submission date
and time specified above, responses must remain firm for a period of sixty (60) days.
The submission shall be accompanied by: (1) Non-Collusion Affidavit, (2) Disclosure of Ownership
Form, (3) Insurance Requirement Acknowledgement Form, (4) Mandatory Equal Employment
Opportunity Notice Acknowledgement, (5) Copy of the applicable Business Registration Certificate, (6)
Professional Services Entity Information Form, (7) Qualifications Submission, (8) Disclosure of
Investment Activities in Iran and (9) Acknowledgement of Corrections, Additions or Deletions Form,
(10) Proposal Cost/Signature Form.
2.3 Borough Representative for this Solicitation
Questions by prospective respondents concerning this RFP may be addressed to Purchasing Agent in
writing via email cmodica@middlesexboro-nj.gov. Please note the aforementioned contact is authorized
only to direct the attention of prospective respondents to various portions of the requirements so that
they may read and interpret each portion for themselves. NO employee of the Borough of Middlesex is
authorized to give interpretations of any portion of this RFP or to give information as to the
requirements for the RFP in addition to that already contained in the RFP unless as a formal addendum.
Interpretations of the RFP or additional information as to its requirements, when necessary, shall be
communicated to prospective respondents only by written addendum issued by the Purchasing Agent of
the Borough of Middlesex.
Please identify the contract name and note Request for Information as the subject line when submitting
a request by fax or email.
2.4 Interpretations and Addenda
Respondents are expected to examine the RFP with care and observe all its requirements. All questions
about the meaning or intent of this RFP, all interpretations and clarifications considered necessary by the
owner’s representative in response to such comments and questions will be issued by Addenda emailed
or delivered to all parties recorded as having received the RFP package. Only comments and questions
responded to by formal written Addenda will be binding. Oral interpretations, statements or
clarifications are without legal effect.
2.5 Quantities of Estimate
The owner assumes no responsibility and liability for costs incurred by the respondents prior to the
issuance of an agreement. The liability of the owner shall be limited to the terms and conditions of the
contract.
Respondents will assume responsibility for all costs not stated in their proposals. All unit rates either
stated in the proposal or used as a basis for its pricing are required to be all-inclusive. Additional
charges, unless incurred for additional work performed by request of the owner as noted in 2.6, are not
to be billed and will not be paid.
RFP – Risk Manager – Insurance Consulting Services 2025 – Borough of Middlesex
4
2.6 Cost Liability and Additional Costs
The owner assumes no responsibility and liability for costs incurred by the respondents prior to the
issuance of an agreement. The liability of the owner shall be limited to the terms and conditions of the
contract.
Respondents will assume responsibility for all costs not stated in their proposals. All unit rates either
stated in the proposal or used as a basis for its pricing are required to be all-inclusive. Additional
charges, unless incurred for additional work performed by request of the owner as noted in 2.4, are not
to be billed and will not be paid.
2.7 Statutory and Other Requirements
2.7.1 Compliance with Laws
Any contract entered into between the contractor and the owner must be in accordance with and subject
to compliance by both parties with the New Jersey Local Public Contracts Law. The contractor must
agree to comply with the non-discrimination provisions and all other laws and regulations applicable to
the performance of services there under. The respondent shall sign and acknowledge such forms and
certificates as may be required by this section.
2.7.2 Mandatory EEO/Affirmative Action Compliance - N.J.S.A 10:5-31 et seq. and N.J.A.C 17:27
et seq.
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. as administered by the Division of Purchase & Property
Contract Compliance and Audit Unit (Division) and provided below. The contract will include the
language included as attachment A in this specification.
1. Goods, Professional Services and Service 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 Letter of Federal Approval indicating that the vendor is under an existing federally approved or
sanctioned affirmative action program. A copy of the letter must be provided by the vendor to the
Public Agency and Division. This approval letter is valid for one year from the date of issuance.
ii. A Certificate of Employee Information Report (hereafter “Certificate”), issued in accordance with
N.J.A.C. 17:27 et seq. The vendor must provide a copy of the Certificate to the Public Agency as
evidence of its compliance with the regulations. The Certificate represents the review and
approval of the vendor’s Employee Information Report, Form AA-302 by the Division
iii. The successful respondent shall complete an Initial Employee Report, Form AA-302 and submit
it to the Division with a check or money order for $150.00 made payable to “Treasurer, State of
New Jersey" www.state.nj.us/treasury/contract_compliance
The form shall be properly executed.
2.7.3 New Jersey Anti-Discrimination – N.J.S.A. 10:2-1
There shall be no discrimination against any employee engaged in the work required to produce the
goods and services covered by any contract resulting from this proposal, or against any applicant to such
employment because of race, religion, sex, national origin, creed, color, ancestry, age, marital status,
affectional or sexual orientation, familial status, liability for service in the Armed Forces of the United
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States, or nationality. This provision shall include, but not be limited to the following: employment
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay
or other forms of compensation, and selection for training, including apprenticeship. The contractor shall
insert a similar provision in all subcontracts for services to be covered by any contract resulting from
this RFP.
2.7.4 Americans with Disabilities Act of 1990 - 42 U.S.C. S121 01 et seq.
Discrimination on the basis of disability in contracting for the delivery of services is prohibited.
Respondents are required to read American with Disabilities language that is part of the documents
attached hereto and agree that the provisions of Title II of the Act are made part of the contract. The
contractor is obligated to comply with the Act and hold the owner harmless.
2.7.5 Statement of Corporate Ownership-Stockholder Disclosure - N.J.S.A. 52:25-24.2 (P.L. 1977
c.33)
In accordance with N.J.S.A. 52:25-24.2, no corporation, partnership, limited partnership, limited liability
corporation, limited liability partnership, Subchapter S corporation or sole proprietorship, shall be
awarded a contract, unless prior to the receipt of the RFP response/proposal or accompanying the RFP
response/proposal of the corporation, partnership, limited partnership, limited liability corporation,
limited liability partnership, Subchapter S corporation or sole proprietorship, there is submitted to the
Borough a statement setting forth the names and addresses of all stockholders who own 10% or more of
the stock, of any class or of all individual partners who own a 10% or greater interest in the corporation,
partnership, limited partnership, limited liability corporation, limited liability partnership, Subchapter S
corporation or sole proprietorship. If one or more such stockholder or partner is itself a corporation or
partnership, the stockholders holding 10% or more of that corporation’s stock, or the individual partners
owning 10% or greater interest in that partnership, as the case may be, shall also be listed. The
disclosure shall be continued until names and addresses of every non-corporate stockholder and
individual partner exceeding the 10% ownership criteria established in this act has been listed. The form
shall be signed and submitted with the RFP proposal/proposal whether or not a stockholder or partner
owns less than 10% of the business submitting the RFP proposal/proposal. Failure to comply requires
mandatory rejection of the RFP proposal/proposal. The Respondent shall complete and submit the form
of statement that is included in this RFP.
2.7.6 Non-Collusion Affidavit - N.J.S.A. 52:34-15
The Non-Collusion Affidavit, which is part of this RFP, shall be properly executed and submitted with
the RFP response.
2.7.7 Proof of N.J. Business Registration Certificate N.J.S.A. 52:32-44
Each proposer (contractor) is required to submit proof of business registration prior to award of the
contract. Proof of registration shall be a copy of the proposer’s Business Registration Certificate (BRC).
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 obtain and provide the owner with the BRC of subcontractors knowingly
used on this contract.
2.
The contractor shall maintain and submit to the contracting agency a list of subcontractors and
their addresses that may be updated from time to time during the course of the contract
performance. A complete and accurate list shall be submitted before final payment is made
for goods and services rendered under the contract.
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
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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 taxable sales of tangible personal property delivered
into the State.
Failure to submit the BRC with the proposal is NOT a cause for rejection. However, the Borough
prefers the BRC be submitted with the proposal. If it is not provided prior to execution of a contract the
proposer’s proposal guarantee shall be forfeited and the contract shall be awarded to the next lowest
responsible proposer.
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 $25.00 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.
A BRC is obtained from the New Jersey Division of Revenue and Enterprise Services. Information on
obtaining a BRC is available on the internet at www.nj.gov/treasury/revenue/busregcert.shtml or by
phone at (609) 292-2929.
Emergency Purchases or Contracts
For purchases of an emergent nature, the contractor shall provide its Business Registration Certificate
within two weeks from the date of purchase or execution of the contract or prior to payment for goods or
services, whichever is earlier.
2.7.8 Pay to Play – Notice of Disclosure Requirement
Business entities are advised of their responsibility to file an annual disclosure statement of political
contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A.
19:44A-20.27 if they receive contracts in excess of $50,000 from public entities in a calendar year.
Business entities are responsible for determining if filing is necessary. Additional information on this
requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.
2.7.9 Assign, Sublet or Transfer Any Rights/Interests
Neither the owner nor the Contractor shall assign, sublet, or transfer any rights or interest in this
Agreement without the prior written consent of the other party. Unless specifically stated to the contrary,
in writing, prior to an assignment, no assignment will release or discharge the assignor from any duty or
responsibility under this Agreement. Nothing herein shall be construed to give any rights or benefits to
anyone other than the owner and the Contractor.
2.7.10 Insurance and Indemnification
Consultant shall carry and maintain while the contact is in full force and effect, the following insurance
coverage with an insurance company or companies acceptable to the Borough of Middlesex, with limits
not less than those shown below. A Certificate of Insurance shall be filed with the Township of
Bridgewater prior to commencement of the work.
Commercial General Liability (CGL): Coverage for all operations including, but not limited to,
contractual, products and completed operations, and personal injury with limits no less than $1,000,000
per occurrence/$2,000,000 aggregate. The Borough, its officers, officials, employees, agents and
volunteers shall be included as an additional insured.
Automobile Liability: Coverage for all owned, non-owned and hired vehicles with limits not less than
$1,000,000 per occurrence, combined single limits (CSL) or its equivalent.
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Workers Compensation: As required by the State of New Jersey and Employers Liability with limits
not less than $1,000,000 per accident for bodily injury or disease.
Professional Liability (Errors & Omissions): As appropriate to the Consultant’s profession with limits
not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
Coverage on Primary and Non-contributory Basis: The Certificate of Insurance should indicate that
all insurance coverages will be provided on a primary and noncontributory basis to the Borough, its
officers, officials, employees, agents and volunteers shall be included as an additional insured.
Notice of Cancellation: Each Insurance policy required above shall provide that coverage shall not be
canceled, except with notice to the Entity.
Special Risks or Circumstance: The Borough of Middlesex reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or
other special circumstances.
Certificates of the Required Insurance
Certificates as listed above shall be submitted along with the contract as evidence covering Errors and
Omissions insurance. Such coverage shall be with acceptable insurance companies operating on an
admitted basis in the State of New Jersey.
The contractor shall provide the Township with a Certificate of Insurance naming the
Borough, its employees, officers, and agents as additionally insured, and evidencing the existence
of required insurance prior to the commission of work.
Middlesex Borough will not accept Mutual Limitation of Liability terms.
2.7.11 Health Insurance Portability and Accountability Act of 1996 - HIPAA (If Applicable)
Both parties agree to comply with all requirements of the Federal Health Insurance Portability and
Accountability Act of 1996 (“HIPAA”) as maybe amended from time to time, and the corresponding
HIPAA regulations for the confidentiality and security of medical information.
The Contractor shall:
• Not use or disclose protected health information other than as permitted or required by law
• Use appropriate safeguards to protect the confidentiality of the information
• Report any use or disclosure not permitted
The contractor, by execution of the contract, shall thereby indemnify and hold the owner harmless from
any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the
failure of the contractor to comply with the requirements of the Health Insurance Portability and
Accountability Act (HIPAA) or any other statute or case law protecting the privacy of persons using its
services.
2.7.12 Proof of Licensure
Proof of licensure for providing Services in the State of New Jersey, for either the firm or the person
responsible for the work, shall be provided as required.
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2.7.13 Certification of Prohibited Activities in Russia and Belarus & Investment Activities in Iran
Pursuant To P.L.2022,c.3
N.J.S.A. 52:32-55 et seq.; P.L. 2022, c. 3 prohibits the award, renewal, amendment, or extension of State
and local public contracts for goods or services with persons or entities engaging in prohibited activities
in Russia or Belarus. P.L. 2012, c.25 prohibits the award or renewal of State and local public contracts
for goods and services with persons or entities engaged in certain investment activities in the energy or
finance sectors of Iran. Before a goods and services contract can be entered into, vendors and contractors
must certify that neither they nor any parent entity, subsidiary, or affiliate is listed on the New Jersey
Department of the Treasury’s list of entities determined to be engaged in prohibited activities in Russia
or Belarus pursuant to P.L. 2022, c. 3 (“Russia-Belarus list”) or in Iran pursuant to P.L. 2012, c. 25
("Chapter 25 list").
2.7.14 Prompt Payment – Goods & Services– P.L. 2019, C.127 (LFN 2019-02 1/23/19)
P.L. 2018, c. 127 establishes a prompt payment requirement that applies to goods and services contracts
a contracting unit awards to a “business concern” under the Local Public Contracts Law (LPCL). The
law applies to all goods and services contracts awarded on or after February 1, 2019 (the law’s effective
date) regardless of dollar amount and any contracts requiring either a single payment or multiple
payments. The law does not change the prompt payment the prompt payment requirements for
improvements to real property and structures as set forth in N.J.S.A. 2A:30A-1 et seq. and described in
LFN 2006-21. The law defines “Business Concern” as any person engaged in a trade or business,
including a private nonprofit entity operating as an independent contractor, providing goods and services
directly to a contracting unit or to a designated third party and operating pursuant to a contract with a
contracting unit which requires either a single payment or multiple payments, but shall not include a
“public utility” as defined in N.J.S.A. 48:2.13.
2.8 Public Emergency
In the event of a Public Emergency declared at the Local, State or Federal Level, if the owner opts to
extend terms and conditions of this RFP, the contractor agrees to extend the terms and conditions of this
RFP, whether existing, expiring or expired no longer than six months, for goods and/or services for the
duration of the emergency. In the event the original contractor cannot meet this requirement, the owner
may solicit the goods and/or services from any proposer on this contract.
2.9 Multiple Proposals Not Accepted
More than one proposal from an individual, a firm or partnership, a corporation or association under the
same or different names shall not be considered.
2.10 Failure to Enter Contract
Should the respondent to whom the contract is awarded, fail to enter into a contract within ten (10) days,
Sundays and holidays excepted, the owner may then, at its option, accept the proposal of another
respondent.
2.11 Commencement of Work
The contractor agrees to commence work after the date of award by the owner and upon notice from the
using department.
2.12 Time of Completion
It is hereby understood and mutually agreed, by and between the respondent and the owner, that the date
on which the work shall be substantially complete as specified in the RFP is an essential condition of
this contract. It is further mutually understood and agreed that the work and contract time embraced in
this Contract shall commence on the date specified and that the resulting contract shall be completed in
sequence and time frames identified by the owner.
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The respondent agrees that said services shall be processed regularly, diligently, and uninterruptedly at
such rate of progress as will ensure full completion thereof within the time specified. It is expressly
understood and agreed, by and between the respondent and the owner, that the time of completion of the
services described herein is a reasonable time for the completion of it.
2.13 Termination of Contract
If, through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations under
the Contract or if the contractor violates any requirements of the Contract, the owner shall thereupon
have the right to terminate the Contract by giving written notice to the contractor of such termination at
least thirty (30) days prior to the proposed effective date of the termination. Such termination shall
relieve the owner of any obligation for the balances to the contractor of any sum or sums set forth in the
Contract.
The contractor agrees to indemnify and hold the owner 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 owner under this provision.
In case of default by the contractor, the owner may procure the articles or services from other sources
and hold the contractor responsible for any excess cost occasioned thereby.
2.14 Non-Allocation of Funding Termination
Each fiscal year payment obligation of the Owner is conditioned upon the availability of Owner funds
appropriated or allocated for the payment of such an obligation. If funds are not allocated and available
for the continuance of any services performed by the Contractor hereunder, whether in whole or in part,
the Owner at the end of any particular fiscal year may terminate such services. The Owner will notify
the Contractor in writing immediately of any services that will be affected by a shortage of appropriated
funds. This provision shall not be construed so as to permit the Owner to terminate this Agreement
during the term, or any service hereunder, merely in order to acquire identical services from a third-party
contractor.
2.15 Force Majeure
Neither party shall be responsible for any resulting loss or obligation to fulfill duties as specified in any
of the terms or provisions of this Agreement if the fulfillment of any term or provision of this
Agreement is delayed or prevented by any revolutions, insurrections, riots, wars, acts of enemies,
national emergencies, strikes, floods, fires, acts of God, or by any cause not within the control of the
party whose performance is interfered with which by the exercise of reasonable diligence such party is
unable to prevent. Additionally, if the fulfillment of any of the terms and provisions of this Agreement
is delayed or prevented by any court order, or action or injunction or other such agreement, this
Agreement shall become voidable by the Borough of Middlesex by notice to each party.
2.16 The Owner and the Contractor each bind themselves and their successors, executors,
administrators, heirs and assigns and legal representatives of the other party respecting all covenants and
agreements and obligations of this contract.
2.17 The terms of this contract shall be construed and interpreted, and all respective rights and duties of
the parties shall be governed by the laws of the State of New Jersey.
2.18 Challenge of Specifications
Any respondent who wishes to challenge a specification shall file such challenge in writing with the
Purchasing Agent no less than three (3) business days prior to the opening of the RFP's.
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Challenges filed after that time shall be considered void and having no impact on the owner or the award
of contract.
2.19 Payment
Invoices shall be submitted monthly and must specify, in detail, the period for which payment is
claimed, the services performed during the prescribed period, the amount claimed and correlation
between the services claimed, all backup documentation (mileage, time logs, receipts for expenses, etc.),
amount remaining in total balance, and the Proposal Cost Form.
The Borough of Middlesex will provide a sample Progress Report and Invoice for the Hired Consultant
to ensure compliance.
The owner may withhold all or partial payments on account of subsequently discovered evidence
including but not limited to the following:
1. Deliverables not complying with the project specification;
2. Claims filed or responsible evidence indicating probability of filing claims;
3. A reasonable doubt that the Contract can be completed for the balance then unpaid.
When the above grounds are removed, payment shall be made for amounts withheld because of them.
Invoices shall specify, in detail, the period for which payment is claimed, the services performed during
the prescribed period, the amount claimed and correlation between the services claimed and the Proposal
Cost Form.
2.20 Non-payment of Penalties and Interest on Overdue Bills
Public funds may be used to pay only for goods delivered or services rendered. The Borough of
Middlesex will not pay penalties and/or interest on overdue bills. No employee is authorized to sign a
letter of credit or any other document that represents a legal commitment on the part of the Borough to
pay additional fees.
2.21 Ownership of Material
The owner shall retain all of its rights and interest in any and all documents and property both hard copy
and digital furnished by the owner to the contractor for the purpose of assisting the contractor in the
performance of this contract. All such items shall be returned immediately to the owner at the expiration
or termination of the contract or completion of any related services, pursuant thereto, whichever comes
first. None of the documents and/or property shall, without the written consent of the owner, be
disclosed to others or used by the contractor or permitted by the contractor to be used by their parties at
any time except in the performance of the resulting contract.
Ownership of all data, materials and documentation originated and prepared for the owner pursuant to
this contract shall belong exclusively to the owner. All data, reports, computerized information,
programs and materials related to this project shall be delivered to and become the property of the owner
upon completion of the project. The contractor shall not have the right to use, sell, or disclose the total of
the interim or final work products, or make available to third parties, without the prior written consent of
the owner.
Under state and federal statutes, certain government records are protected from public disclosure. The
Borough, the Contractor and any Subcontractors have a responsibility and an obligation to safeguard
from public access an employee's personal information with which it has been entrusted when disclosure
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thereof would violate the employee's reasonable expectation of privacy. All payroll, personnel and
health insurance related files are confidential. Additionally, the Contractor and any Subcontractors may
be privy to sensitive law enforcement information or investigations during their review which must
remain confidential. The Borough reserves the right to make any public disclosure under the law. Also,
among government records deemed confidential are administrative or technical information regarding
computer hardware, software and networks that, if disclosed, would jeopardize computer security. The
Contractor and any Subcontractor(s) are prohibited from the sale or distribution of all supplied
information to any third party.
2.22 Source of Specifications/RFP Packages
Official Request for Proposal (RFP) packages for routine goods and services are available from
www.middesexboro-nj.gov at no cost to the prospective respondents. All addenda are posted on this
site. Potential respondents are cautioned that they are responding at their own risk if a third party
supplied the specifications that may or may not be complete. The Borough is not responsible for third
party supplied RFP documents.
2.23 Altering Official Document
Respondents shall not write in any margins or alter the official content of Borough’s RFP document.
2.24 RFP Preparation of Forms
RFPs must be signed in ink by the respondent; all quotations shall be made with a typewriter/computer
or pen and ink. Any quotation showing any erasure alteration must be initialed by the respondent in ink.
Unit prices and totals are to be inserted in spaces provided.
2.25 W-9
Successful proposer/respondent shall complete W-9 Form and submit to Finance prior to contract award.
The form is available at the following link: www.irs.gov/pub/irs-pdf/fw9.pdf
2.26 Resubmissions
In the case of Resubmissions for Proposals or RFP’s, proposers are cautioned to use and submit only
documents of the current active proposal. Prior proposal documents, (original or any prior
resubmission), are invalid as those opportunities no longer legally exist. Submission of any forms or
documents from a prior proposal or resubmission shall be reason to find your proposal for the current
opportunity non-responsive.
3. Proposal Requirements
3.1 Qualification Statement
A statement is to be provided by the respondent who will serve as the primary contractor. The statement
shall set forth brief details of the firm's principal activities, the number of personnel in the firm and the
firm's location. Please provide a list of (3) three clients for whom similar services have been provided.
Include the following in your response:
1. Name of government agency.
2. Contact person’s name, position, and current telephone number.
3. Dates, cost and scope of service.
4. Status and comments
3.2 Key Personnel Information
The respondent shall provide the identity and the professional credentials of the principals and other key
personnel either working for the contractor and their areas of responsibilities.
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3.3 Subcontractors
Subcontractors are not permissible for this Professional Service Contract.
3.4 Conflict of Interest
In the event the Professional shall be unable to fulfill his or her duties as required hereunder because of
illness, scheduling, conflict of interest or any other valid reason, the Professional may designate another
licensed Professional to serve temporarily or for any specific purpose hereunder, which designation shall
be subject to approval by the Municipalities. The fees to be charged for services by said designated
Professional shall in no event exceed the agreed upon fee set forth herein.
3.5 Location of Servicing Office
The proposal must list the location and address of the present, active office that will service and manage
this contract.
4.
Evaluation, Review and Selection Process
4.1 Proposals to Remain Subject to Acceptance
RFP responses shall remain open for a period of sixty (60) calendar days from the stated submittal. The
owner will either award the Contract within the applicable time period or reject all proposals.
The owner may extend the decision to award or reject all proposals beyond the sixty (60) calendar days
when the proposals of any respondents who consent thereto may, at the request of the owner, be held for
consideration for such longer period as may be agreed.
4.2 Rejection of Proposals
The owner reserves the right to reject any or all proposals, or to reject any proposals if the evidence
submitted by, or investigation of such respondent fails to satisfy the owner that such respondent is
properly qualified to carry out the obligations of the RFP and to complete the work contemplated
therein. The owner reserves the right to waive any minor informality or reject any/or all submissions in
accordance with the Fair & Open Public Solicitation Process for professional services(s) pursuant to P.L.
2004, c.19 (N.J.S.A. 19:44A-20.4 et seq.) in the RFP.
4.3 Evaluation Process
An evaluation team will review all proposals to determine if they satisfy the Proposal Requirements,
determine if a proposal should be rejected and evaluate the proposals based upon the Evaluation Criteria.
The highest-ranking respondent will then be recommended to the governing body for award of contract,
based on most advantageous price and other factors. The Borough reserves the right to reach out to the
respondents to get clarification on Proposals on specific items if necessary, during the deliberation
process.
Evaluation Team – RFP respondents are prohibited from contacting any member of the evaluation team
directly without a formal invitation. If it is found that a respondent has attempted to discuss their
proposal with a team member without an invite, then their proposal may be deemed unresponsive. All
questions during the evaluation period shall be directed to the Purchasing Agent.
4.4 Evaluation Criteria
The criteria considered in the evaluation of each proposal follows. The arrangement of the criteria is not
meant to imply order of importance in the selection process. All criteria will be used to select the
successful respondent.
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This will be based on the quality of the content of the RFP and the respondent's ability to communicate a
thorough understanding of the required tasks and the approach to meet the scope of work outlined in the
RFP. The proposals will be evaluated for general compliance with instructions and requests issued in
the RFP. Non-compliance with significant instructions will be grounds for disqualification of proposals.
4.4.1 Understanding of the Requested Work
The proposals will be evaluated for general compliance with instructions and requests issued in the RFP.
Non-compliance with significant instructions shall be grounds for disqualification of proposals.
4.4.2 Knowledge and Technical Competence
This includes the ability of the respondent to perform all of the tasks and fulfill adequately the stated
requirements.
4.4.3 Management, Experience and Personnel Qualifications
Expertise of the firm shall be demonstrated by past contract successes providing government agencies
with similar services. The respondent will be evaluated on knowledge, experience, prior collaboration
and successful completion of projects/services similar to that requested in this RFP.
In addition to relevant experience, respondents shall provide personnel qualifications in the Proposal.
(See 4.1 and 4.2).
4.4.4 Ability to Complete the Project/Services in a Timely Manner
This is based on the estimated duration of the tasks and the respondent’s ability to accomplish these
tasks as stated.
4.4.5 Cost
Price shall be based on amount stated on the proposal cost form. Total overall costs to complete the
project, the cost of maintenance, training, etc., or price shall be based on hourly rates and schedules of
fees submitted with the proposal. Any services not included as part of any resulting contract scope of
services must be approved and authorized by the owner before such work is initiated. The owner shall
pay for such approved services, at the rate or cost agreed upon between the owner and contractor,
provided the respondent has provided a schedule of fees for additional services with this RFP.
4.5 Term of the contract
The term of this contract is January 1, 2025 – December 31, 2025. (Options to extend may be exercised
by mutual agreement in accordance with terms of N.J.S.A. 40A:11-4.1 et seq.)
4.6 Notice of Award
The successful respondent will be notified of the award of contract upon a favorable decision by the
governing body via resolution.
5.0 Scope Of Work
The Borough of Middlesex is seeking proposals for Health Insurance Consulting Services and associated
administrative services to manage the Borough’s Medical Benefits Program. Awarded proposer shall
provide a comprehensive program that incorporates the scope of services listed below and meets all
requirements of our current collective bargaining agreements. The awarded proposer shall also be
responsible for managing plan design, cost containment, employee communications training and plan
implementation. The contract for services will be awarded on the basis of the qualification of the
proposer and the proposer’s ability to provide the services enumerated herein. The Borough of
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Middlesex shall award the contract whose response is most advantageous to the Borough in
consideration of the foregoing.
The specific services to be provided are as follows:
A. Negotiating annual renewal of existing coverage including soliciting multiple or alternative
proposal coverage.
B. Prepare all necessary Requests for Proposals and Requests for Quotes, in the event the
coverage is marketed, and advertise in the marketplace.
C. Analyze proposals in connection with health insurance procurement, including, but not limited
to, recommending selection criteria, marketplaces, assisting in an advisory capacity with the
evaluation of proposals and discussing renewal rates with health insurance providers.
D. Provide the Borough of Middlesex’s Administration with reasonable preliminary renewal figures
during the budget process.
E. Provide full services regarding open enrollment, new employee orientation, and support services.
Representative must respond to all employee issues and questions in a timely manner regarding
their medical benefits.
F. Responsible for managing plan design, cost containment, employee Communication and related
claims issues and training and plan implementation.
G. Provide a client dedicated call center to assist employees with resolving any and all of plan
participant’s health insurance related issues.
H. Provide Compliance Review: Ensure the Borough is up to date on all HIPAA, COBRA, FLMA,
ERISA, Medicare Part D, USERRA, Cafeteria Plans, Flexible Spending Account (Section
125/FSA) and other related regulations.
I. Conduct Eligibility Audits, which shall be processed every two years and shall include: Active
employees, retirees, identify working spouses and eligible dependents.
J. Marketing of Carriers
K. Assist administration with Union Negotiations when needed.
L. Assist Human Resources in communicating plan benefits and provisions to Borough employees.
M. Provide guidance and assistance to the Borough with on-going implementation
and compliance requirements of the Affordable Care Act (ACA) including:
1) Preparation for filing of all Employer Health Coverage Reporting’s including monthly
coding logic and the actual issuance and filing of IRS 1094 and 1095 forms.
2) Provide budget impact projections for Employee Shared Responsibility
Rules.
N. Provide guidance and assistance to the Borough with continued implementation of Health Care
Benefits Reform under Chapter 78, NJ PL. 2011.
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O. Prepare and submit Medicare Part D applications and meet all requirements pursuant to
CMS/RDS regulations.
P. Assist the Borough in identifying its insurable employee benefits requirements and recommend
professional methods to reduce, offset or provide its coverage requirements.
Q. Assist the Borough in negotiating various coverage available from the insurance market,
including claims, administrative services, primary or excess coverage.
R. Review all employee collective bargaining unit contracts to determine Borough Health Benefits
requirements.
S. Review claims history reports and assist the Borough in its cost control objectives.
T. Provide other services related to the Borough’s health insurance benefits including, but not
limited to, settling union grievances relating to health benefit issues, employee benefits costs
analysis and wellness program initiatives.
U. Act as Liaison between Provider and the Borough to assist in seeking solutions to problems with
all benefit plans including, but not limited to, issues involving billing, claim appeals, individual
members, etc.
V. Assist Administration/Human Resources in calculations of COBRA and Chapter 78 payments for
retirees.
6.0 Additional Information
6.1 Current Health Benefit Coverage And Carriers
Medical (includes vision and prescription):
AETNA PLANS
HORIZON PLANS
FREEDOM10 #018 — PPO PLAN
NJ DIRECT10 #050 — PPO PLAN
FREEDOM15 #180 — PPO PLAN
NJ DIRECT15 #150 — PPO PLAN
AETNA HMO #019 — HMO
HORIZON HMO #011 — HMO PLAN
FREEDOM1525 #063 — PPO PLAN
NJ DIRECT1525 #051 — PPO PLAN
AETNA LIBERTY PLUS #067 — TIERED PLAN
HORIZON OMNIA #057 — TIERED PLAN
FREEDOM2030 #064 — PPO PLAN
NJ DIRECT2030 #052 — PPO PLAN
FREEDOM2035 #066 — PPO PLAN
NJ DIRECT2035 #056 — PPO PLAN
FREEDOM* #031 — PPO PLAN
NJ DIRECT #027 — PPO PLAN
FREEDOM 2019* #032 — PPO PLAN
NJ DIRECT 2019* #030 — PPO PLAN
FREEDOM HDHIGH #092
NJ DIRECT HDHIGH #090
FREEDOM HDLOW #093
NJ DIRECT HDLOW #091
Dental:
Delta Dental
RFP – Risk Manager – Insurance Consulting Services 2025 – Borough of Middlesex
16
BOROUGH OF MIDDLESEX
PROFESSIONAL SERVICES - 2025
CHECKLIST
PROFESSIONAL SERVICE TITLE: Risk Manager – Health Insurance Consulting Services
SUBMISSION DATE: Wednesday, January 15, 2025 at 11:00 AM
The following items, as indicated below (X), shall be provided with the receipt of sealed submissions:
1. Non-Collusion Affidavit …………………………….……………………………… ___X____
2. Stockholder Disclosure Certification ……………………………………….…………. ___X____
3. Insurance Requirement Acknowledgement Form …………..……….……………… ___X____
4. Mandatory Equal Employment Opportunity Notice Acknowledgement ………………___X____
5. Copy of your Business Registration Certificate as issued by the State of
New Jersey, Department of Treasury, Division of Revenue ...……………………….. ___X____
6. Professional Service Entity Information Form ……………………….………………. ___X____
7. Qualifications Submission Form…….………………………………………….……… ___X____
8. Certification of Prohibited Activities In Russia and Belarus & Investment Activities
In Iran Pursuant To P.L.2022,c.3………………………………………………..………. ___X____
9. Acknowledgement of Corrections, Additions or Deletions Form ………………….
___X____
10. Proposal Cost/Signature Form ………………………………..……………..…………..___X____
Reminder
Please submit one (1) original and one (1) additional set of the sealed submission.
Each submission shall be contained in a sealed envelope addressed to: Purchasing Agent,
Borough of Middlesex, 1200 Mountain Ave., Middlesex, NJ 08846 or in the preprinted
envelope supplied with the submission package when available and said envelope shall
specify the Appointment Title/Professional Service for which the submission is provided.
The submission is to be clearly marked Sealed Submission Enclosed” (Risk Manager –
Health Insurance Consulting Services) and must be delivered at the place and time required
or mailed so as to be received prior to the opening time set in the advertisement.
Submissions received after the hour herein named or in unsealed envelopes shall not be
considered.
RFP – Risk Manager – Insurance Consulting Services 2025 – Borough of Middlesex
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BOROUGH OF MIDDLESEX
EXCEPTIONS
For each exception, the proposer must identify the specific section of specifications by
providing the number and title the exception applies to. It is the responsibility of the
proposer to document the equivalence claim in writing. Submitting product brochures is
not an acceptable claim of equivalence.
(IF NONE SO STATE)
USE ADDITIONAL SHEET IF NECESSARY
RFP – Risk Manager – Insurance Consulting Services 2025 – Borough of Middlesex
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BOROUGH OF MIDDLESEX
PROPOSAL FORM/SIGNATURE PAGE
PROFESSIONAL SERVICES - 2025
TO THE BOROUGH OF MIDDLESEX:
The undersigned declares that he/she has read the Notice, Instructions, Affidavits and Scope of
Services attached, that he/she has determined the conditions affecting the proposal and agrees, if
this proposal is accepted, to furnish and deliver services per the following:
Risk Manager – Health Insurance Consulting Services
FEE SCHEDULE SUBMITTED Yes No
(Corporation)
The undersigned is a (Partnership) under the laws of the State of __________________________ having its
(Individual)
Principal office at
Company
Federal I.D. # or Social Security #
Address
Signature of Authorized Agent
Type or Print Name
Title of Authorized Agent
Date
Telephone Number
Email Address
Fax Number
RFP – Risk Manager – Insurance Consulting Services 2025 – Borough of Middlesex
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BOROUGH OF MIDDLESEX
QUALIFICATIONS SUBMISSION FORM
1.
Names and roles of the individuals who will perform the services and description of
their education and experience with projects similar to the services contained herein
including their education, degrees and certifications:
2.
References and record of success of same or similar service:
3.
Description of ability to provide the services in a timely fashion (including staffing,
familiarity and location of key staff):
RFP – Risk Manager – Insurance Consulting Services 2025 – Borough of Middlesex
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4. Cost details, including the hourly rates of each of the individuals who will perform
services, including their title, level of expertise and years of experience, and all expenses:
Firm __________________________________________ Date: _________________________
Authorized Representative (Print):___________________________________________________
Signature: ________________________ Title:________________________________________
Telephone #: _____________________ Fax #: ______________________________________
RFP – Risk Manager – Insurance Consulting Services 2025 – Borough of Middlesex
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BOROUGH OF MIDDLESEX
PROFESSIONAL SERVICE ENTITY INFORMATION FORM
If the Professional Service Entity is an INDIVIDUAL, sign name and give the following information:
Name:______________________________________________________________________________________________
Address:_____________________________________________________________________________________________
Telephone No.: ____________________Social Security No.:___________________________________________________
Fax No.: _______________________ E-Mail: _____________________________________________________________
If individual has a TRADE NAME, give such trade name:
Trading As: _________________________________ Telephone No.: ___________________________________________
****************************************************************************************************
If the Professional Service Entity is a PARTNERSHIP, give the following information:
Name of
Partners:_____________________________________________________________________________________________
Firm
Name:_______________________________________________________________________________________________
Address:_____________________________________________________________________________________________
Telephone No.: ____________________________ Federal I.D. No.:_____________________________________________
Fax No.: ______________________ E-Mail:_______________________________________________________________
Social Security No.:___________________________________________________________________________________
Signature of authorized agent:____________________________________________________________________________
****************************************************************************************************
If the Professional Service Entity is INCORPORATED, give the following information:
State under whose laws incorporated:_____________________________________________________________________
Location of principal office:_____________________________________________________________________________
Telephone No.: ____________________ Federal I.D. No.: ____________________________________________________
Fax No.: _______________________ E-Mail:_______________________________________________________________
Name of agent in charge of said office upon whom notice may be legally served:
____________________________________________________________________________________________________
Telephone No.: ___________________Name of Corporation: __________________________________________________
Signature: By: __________________________________________________________
Title: Address: ______________________________________________________________
RFP – Risk Manager – Insurance Consulting Services 2025 – Borough of Middlesex
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BOROUGH OF MIDDLESEX
OWNERSHIP STATEMENT - STOCKHOLDER DISCLOSURE FORM
LEGAL NAME OF PROPOSER: ___________________________________________________________
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
Other, Please List __________________________________
List the names and addresses of all stockholders who own ten (10%) percent or more of the above company’s stock, and if
there are NO STOCKHOLDERS OF 10% OR MORE, simply check the second box below. If one or more such
stockholders or partner is itself a corporation or partnership, the stockholders holding 10% or more of that corporation's
stock, or the individual partners owning 10% of that corporation's stock, or the individual partners owning 10% or greater
interest in that partnership, as the case may be, must also be listed.
The disclosure shall be continued until names and addresses of every person who is a non-corporate
stockholder, or individual partner, exceeding the 10% ownership criteria established in this act, has been
listed, in full compliance with Chapter 33 of the New Jersey Public Laws of 1977.
PROPOSERS/RESPONDENTS MUST CHECK THE APPROPRIATE BOX:
I certify that the list below contains the names and addresses of all stockholders holding 10% or more of the issued
and outstanding stock of the undersigned.
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned.
Publicly Traded - For publicly traded entities to comply with N.J.S.A. 52:25-24.2 they may submit the name and address
of each publicly traded entity, and the name and address of each person holding 10% or more beneficial interest in the
publicly traded entity as of the last annual filling with the Security Exchange Commission (SEC), or foreign equivalent
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing, or foreign equivalent:
____________________________________________________________________________________________
The requested information is available on the following page number(s) of the SEC, or foreign equivalent, filing:
____________________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
(Note: Attach additional pages if necessary)
________________________________________________________________
______________
(Respondent/Respondent Authorized Signature)
(Date)
___________________________________________
______________________________________
(Print name of authorized signatory)
(Title)
RFP – Risk Manager – Insurance Consulting Services 2025 – Borough of Middlesex
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BOROUGH OF MIDDLESEX
NON-COLLUSION AFFIDAVIT
State of _____________
County of _____________
ss:
I, _____________________________ of the City of _______________________________
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 for the above named project, and that I executed the said
proposal with full authority so to do; 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 Middlesex 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_________________________________.
(Name of Contractor)
(N.J.S.A. 52:34-15)
Subscribed and sworn to
Before me this _______day
Of ___________, _______.
Signature
(Type or print name of affiant under signature)
_______________________________________
Notary public of
My Commission expires ___________________.
RFP – Risk Manager – Insurance Consulting Services 2025 – Borough of Middlesex
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BOROUGH OF MIDDLESEX
INSURANCE REQUIREMENTS AND ACKNOWLEDGEMENT FORM
Certificate(s) of Insurance shall be filed with the Borough Clerk’s Office upon award of
contract by the Mayor and Borough Council.
The minimum amount of insurance to be carried by the Professional Service Entity shall
be as follows:
PROFESSIONAL LIABILITY INSURANCE
Limits shall be a minimum of $2,000,000.00 for each claim and $4,000,000.00
aggregate each policy period.
Acknowledgement of Insurance Requirement:
________________________________________________________________
(Signature)
(Date)
________________________________________________________________
(Printed Name and Title)
RFP – Risk Manager – Insurance Consulting Services 2025 – Borough of Middlesex
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EXHIBIT A
EEO/AFFIRMATIVE ACTION COMPLIANCE NOTICE
N.J.S.A. 10:5-31 and N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful proposers are required to submit evidence of appropriate affirmative action
compliance to the Borough and Division of Public Contracts Equal Employment Opportunity
Compliance. During a review, Division representatives will review the Borough files to determine
whether the affirmative action evidence has been submitted by the vendor/contractor. Specifically,
each vendor/contractor shall submit to the Borough, prior to execution of the contract, one of the
following documents:
Goods and General Service Vendors
1. Letter of Federal Approval indicating that the vendor is under an existing federally approved or
sanctioned affirmative action program. A copy of the approval letter is to be provided by the
vendor to the Borough and the Division. This approval letter is valid for one year from the date
of issuance.
Do you have a federally-approved or sanctioned EEO/AA program?
Yes
No
If yes, please submit a photo static copy of such approval.
2. A Certificate of Employee Information Report (hereafter “Certificate”), issued in accordance with
N.J.A.C. 17:27-1.1 et seq. The vendor must provide a copy of the Certificate to the Borough as
evidence of its compliance with the regulations. The Certificate represents the review and
approval of the vendor’s Employee Information Report, Form AA-302 by the Division. The
period of validity of the Certificate is indicated on its face. Certificates must be renewed prior to
their expiration date in order to remain valid.
Do you have a State Certificate of Employee Information Report Approval?
Yes
No
If yes, please submit a photo static copy of such approval.
3. The successful vendor shall complete an Initial Employee Report, Form AA-302 and submit it to
the Division with $150.00 Fee and forward a copy of the Form to the Borough. Upon submission
and review by the Division, this report shall constitute evidence of compliance with the
regulations. Prior to execution of the contract, the EEO/AA evidence must be submitted.
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on
the Division website www.state.nj.us/treasury/contract_compliance.
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal
Employment Opportunity Compliance, with a copy to Public Agency.
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 and N.J.A.C. 17:27 and agrees to furnish the required forms of
evidence.
The undersigned vendor further understands that his/her proposal shall be rejected as non-
responsive if said contractor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C.
17:27.
COMPANY: ______________________________ SIGNATURE: ____________________________
PRINT NAME:___________________________ TITLE: __________________________________
DATE: __________________
RFP – Risk Manager – Insurance Consulting Services 2025 – Borough of Middlesex
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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 Borough employment goals
established in accordance with N.J.A.C. l7:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not
limited to, employment agencies, placement bureaus, colleges, universities, 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 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 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 www.state.nj.us/treasury/contract_compliance).
RFP – Risk Manager – Insurance Consulting Services 2025 – Borough of Middlesex
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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.
SAMPLE CERTIFICATE OF EMPLOYEE INFORMATION REPORT
RFP – Risk Manager – Insurance Consulting Services 2025 – Borough of Middlesex
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BOROUGH OF MIDDLESEX
AMERICANS WITH DISABILITIES ACT OF 1990
Equal Opportunity for Individuals with Disability
The Contractor and the Owner, do hereby agree that the provisions of Title 11 of the Americans
With Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 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 owner
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 owner in any action or administrative proceeding commenced pursuant
to this Act. The contractor shall indemnify, protect, and save harmless the 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 owner’s
grievance procedure, the contractor agrees to abide by any decision of the owner which is rendered
pursuant to said grievance procedure. If any action or administrative proceeding results in an
award of damages against the owner, or if the 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 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 owner or any of its agents, servants, and
employees, the owner shall expeditiously forward or have forwarded to the contractor every
demand, complaint, notice, summons, pleading, or other process received by the owner or its
representatives.
It is expressly agreed and understood that any approval by the 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 owner pursuant to this
paragraph.
It is further agreed and understood that the 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 owner from taking any other actions available to it
under any other provisions of the Agreement or otherwise at law.
RFP – Risk Manager – Insurance Consulting Services 2025 – Borough of Middlesex
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BOROUGH OF MIDDLESEX
THESE ARE SAMPLES OF THE ONLY ACCEPTABLE
BUSINESS REGISTRATION CERTIFICATES
PREFER SUBMITTED WITH PROPOSAL RESPONSE
REQUIRED BY LAW PRIOR TO AWARD OF CONTRACT
RFP – Risk Manager – Insurance Consulting Services 2025 – Borough of Middlesex
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CERTIFICATION OF NON‐INVOLVEMENT IN
PROHIBITED ACTIVITIES IN RUSSIA OR BELARUS
Pursuant to N.J.S.A. 52:32-60.1, et seq. (L. 2022, c. 3) any person or entity (hereinafter “Vendori”) that seeks to
enter into or renew a contract with a State agency for the provision of goods or services, or the purchase of bonds
or other obligations, must complete the certification below indicating whether or not the Vendor is identified on the
Office of Foreign Assets Control (OFAC) Specially Designed Nationals and Blocked Persons list, available here:
https://sanctionssearch.ofac.treas.gov/. If the Department of the Treasury finds that a Vendor has made a
certification in violation of the law, it shall take any action as may be appropriate and provided by law, rule or
contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the
party in default and seeking debarment or suspension of the party.
I, the undersigned, certify that I have read the definition of “Vendor” below, and have reviewed the Office of
Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, and having done so
certify:
(Check the Appropriate Box)
A. That the Vendor is not identified on the OFAC Specially Designated Nationals and Blocked Persons list
on account of activity related to Russia and/or Belarus.
OR
B. That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially
Designated Nationals and Blocked Persons list on account of activity related to Russia and/or Belarus.
OR
C. That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially
Designated Nationals and Blocked Persons list. However, the Vendor is engaged in activity related to
Russia and/or Belarus consistent with federal law, regulation, license or exemption. A detailed description
of how the Vendor’s activity related to Russia and/or Belarus is consistent with federal law is set forth
below.
Signature of Vendor’s Authorized Representative
Date
Print Name and Title of Vendor’s Authorized Representative
Vendor Name
Vendor Phone Number
Vendor Address (Street Address)
Vendor Fax Number
Vendor Address (City/State/Zip Code)
Vendor Email Address for Authorized Representative
______________________________________________
i Vendor means: (1) A natural person, corporation, company, limited partnership, limited liability partnership, limited liability company,
business association, sole proprietorship, joint venture, partnership, society, trust, or any other nongovernmental entity, organization, or
group; (2) Any governmental entity or instrumentality of a government, including a multilateral development institution, as defined in
Section 1701(c)(3) of the International Financial Institutions Act, 22 U.S.C. 262r(c)(3); or (3) Any parent, successor, subunit, direct or
indirect subsidiary, or any entity under common ownership or control with, any entity described in paragraph (1) or (2).
NJ Rev. 1.22.2024
(Attach Additional Sheets If Necessary.)
RFP – Risk Manager – Insurance Consulting Services 2025 – Borough of Middlesex
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Disclosure of Investment Activities in Iran
Person or Entity
Part 1: Certification
COMPLETE PART 1 BY CHECKING EITHER BOX.
Pursuant to Public Law 2012, c. 25, any person or entity that is a successful proposer or proposer, or
otherwise proposes to enter into or renew a contract, must complete the certification below to attest, under
penalty of perjury, that neither the person or entity, nor any parent entity, subsidiary, or affiliate is
identified on the State Department of Treasury's Chapter 25 list as a person or entity engaging in
investment
activities
in
Iran.
The
list
is
found
on
Treasury’s
website
at
www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf.
The Chapter 25 list must be reviewed prior to completing the below certification. If a vendor or contractor
is found to be in violation of law, action may be taken as appropriate and as may provided by law, rule or
contract, including but not limited to imposing sanctions, seeking compliance, recovering damages,
declaring the party in default and seeking debarment or suspension of the party.
I certify, pursuant to Public Law 2012, c. 25, that neither the person or entity
listed above, nor any parent entity, subsidiary, or affiliate thereof is listed on the
N.J. Department of the Treasury’s list of entities determined to be engaged in
prohibited activities in Iran pursuant to P.L. 2012, c. 25 ("Chapter 25 List"). I
further certify that I am the person listed above, or I am an officer or
representative of the entity listed above and am authorized to make this
certification on its behalf. I will skip Part 2 and sign and complete the
Certification below.
OR
I am unable to certify as above because the person or entity and/or a parent entity,
subsidiary, or affiliate thereof is listed on the N.J. Department of the Treasury’s
Chapter 25 list. I will provide a detailed, accurate and precise description of the
activities in Part 2 below sign and complete the Certification below.
RFP – Risk Manager – Insurance Consulting Services 2025 – Borough of Middlesex
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Part 2: Additional Information
PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN
IRAN.
You must provide a detailed, accurate and precise description of the activities of the person or entity, or a
parent entity, subsidiary, or affiliate thereof engaging in investment activates in Iran below and, if more
space is needed, on additional sheets provided by you.
Part 3: Certification of True and Complete Information
I, being duly sworn upon my oath, hereby represent and state that the foregoing information and
any attachments there to the best of my knowledge are true and complete. I attest that I am authorized
to execute this certification on behalf of the above-referenced person or entity.
I acknowledge that the Name of Contracting Unit is relying on the information contained herein
and thereby acknowledge that I am under a continuing obligation from the date of this certification
through the completion of any contracts with the Reference to Contracting Unit to notify the Reference
to Contracting Unit in writing of any changes to the answers of information contained herein.
I acknowledge that I am aware that it is a criminal offense to make a false statement or
misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal
prosecution under the law and that it will also constitute a material breach of my agreement(s) with the
Name of Contracting Unit and that the Reference to Contracting Unit at its option may declare any
contract(s) resulting from this certification void and unenforceable.
Full Name
(Print)
Title
Signature
Date
RFP – Risk Manager – Insurance Consulting Services 2025 – Borough of Middlesex
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BOROUGH OF MIDDLESEX
ACKNOWLEDGMENT OF RECEIPT OF ADDENDA
The undersigned Proposer hereby acknowledges receipt of the following Addenda:
ADDENDUM
NUMBER
DATE
ACKNOWLEDGE RECEIPT
(Initial)
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
No Addenda were received:
Acknowledged for:
(Name of Proposer)
By:
(Signature of Authorized Representative)
Name:
(Print or Type)
Title:
Date:
RFP – Risk Manager – Insurance Consulting Services 2025 – Borough of Middlesex
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EXHIBIT A
EVALUATION SHEET
BOROUGH OF
MIDDLESEX
EVALUATORS NAME
Write NA if
category
COMPANY NAME
does not apply.
Understanding the Requested Work
10 Points
Category
0 Points
1 - 2 Points
3 - 4 Points
Points Given
Demonstrates clear
Does not demonstrate clear
Proposal points are
Proposal is clear, readable
understanding
understanding
adequately defined
and precise
0 Points
1 - 2 Points
3 Points
Completeness and
Does not address major
Proposal absent some non-
Proposal complete and
responsiveness to RFP
requirements
critical points
responsive
Compliance with
Does not comply
Complies substantially
Complies with all
instructions and requests
instructions and requests
Knowledge and Professional Compliance
25 Points
Category
0 - 2 Points
3 - 4 Points
5 - 6 Points
Points Given
Education and training of
Minimal training, no formal
Some prior experience, some
High level of education and
employees, suitability to
education, new performer
training and documented
training, well proven
perform the required tasks
performance
performance
0 Points
1 - 2 Points
3 - 7 Points
Does respondent have the
Not adequately documented
Proposal uses some current
Well documented use of the
character, integrity,
technology
latest technologies
reputation, judgment,
experience & efficiency
required by the Professional
0 Points
1 - 2 Points
3 - 4 Points
QA/QC Process
Not adequately documented
QA/QC documented, but
QA/QC documented with
with little oversight
significant oversight
0 Points
1 - 3 Points
4 - 8 Points
Primary Professional vs.
More than one Sub-
Only one Sub-Professional
Primary Professional will do
subcontracted resources
Professional
providing 50% of resources
entire project
depending on nature of sub
to be used
and percentage of project
Ability to Perform Services in a Timely Manner
15 Points
Category
0 Points
1 - 2 Points
3 - 4 Points
Points Given
Scheduling Timeline
Cannot meet schedule
Meets most of schedule
Meets entire schedule
0 - 1 Points
2 - 3 Points
4 - 6 Points
Personnel & Resources
May not be sufficient
Sufficient for project
Dedicated resources
0 - 2 Points
3 - 4 Points
5 Points
Primary Professional
Primary Professional has not
Primary Professional has
No Sub-Professional or a
relationship Sub-
worked with Sub-
limited experience with Sub-
proven record with Sub-
Professionals
Professional
Professional
Professional
RFP – Risk Manager – Insurance Consulting Services 2025 – Borough of Middlesex
35
Management, Experience and Personnel Qualifications
25 Points
Category
0 Points
1 - 2 Points
3 Points
Points Given
Project Management Plan
Not demonstrated as sound
Plan is average
Plan is sound and detailed
Project Management Team
Does not meet qualifications
Qualified but little
Well qualified and has
experience working together
collaborated on similar projects
0 Points
1 -2 Points
3 - 5 Points
Record of reliability and
Not documented
Some documentation
Track record of high quality
quality of service
0 - 1 Points
2 - 4 Points
5 - 7 Points
Scope of Work Experience
Few related projects
Some similar projects
Numerous similar projects
Experience in performing
Limited experience
Good experience
Exceptional experience
similar work by employees
Management, Experience and Personnel Qualifications
25 Points
Category
0 Points
2 Points
3 Points
Points Given
Explanation of costs
Costs not explained
Some correlation provided
Well documented
0 - 4 Points
5 - 10 Points
11 - 15 Points
Cost comparison
Highest third in salary
dollars
Middle third in salary dollars
Lowest third in salary dollars
0 - 1 Points
2 - 3 Points
4 - 6 Points
Other costs, copies, travel, etc
Travel and copy cost in
Copy cost equal to OPRA
costs
None
excess of OPRA
0 Points
1 - 2 Points
3 Points
Additional Services
No needed additional
Possible additional services
Needed additional services
services identified
identified, costs not included
identified and included
TOTAL POINTS AWARDED
--- Document: RFP–Re-Bid-2024-08 - PUBLIC NOTICE UNDER A FAIR AND OPEN PROCESS FOR THE SOLICITATION OF QUALIFICATIONS AND RATES FOR LEGAL COUNSEL – BOARD OF HEALTH ATTORNEY ---
RFP – Board of Health Attorney – Borough of Middlesex
1
Borough of Middlesex
1200 Mountain Avenue
Middlesex, New Jersey 08846
RFP – Re-Bid - 2024-08
PUBLIC NOTICE UNDER A FAIR AND OPEN PROCESS FOR THE SOLICITATION OF
QUALIFICATIONS AND RATES FOR LEGAL COUNSEL – BOARD OF HEALTH
ATTORNEY FOR APPOINTMENT JANUARY, 2025 THROUGH DECEMBER 31, 2025
NOTICE IS HEREBY GIVEN that sealed submissions will be received by the Purchasing Agent
or designated representative, for Middlesex Borough, on Tuesday, January 14, 2025 at 11:00 am
prevailing time, in the Municipal Building, 1200 Mountain Avenue, Middlesex, New Jersey 08846, then
publicly opened and read out loud.
All professional service contractors are required to comply with 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). The submission
package is printable from the website www.middlesexboro-nj.gov or may be obtained at the Clerk’s
Office, Municipal Building,1200 Mountain Avenue, Middlesex, New Jersey 08846 during regular
business hours (9:00 a.m. – 4:00 p.m.).
The Borough reserves the right to reject any or all submissions due to any defects or waive informalities
and accept any submissions that in their judgment will be in the best interest of the Borough. Questions
concerning this notice may be directed to the Purchasing Agent, cmodica@middlesexboro-nj.gov
Date Advertised: December 23, 2024
Carmen Modica
Purchasing Agent
RFP – Board of Health Attorney – Borough of Middlesex
2
BOROUGH OF MIDDLESEX
GENERAL INSTRUCTIONS
1. Introduction
The Borough of Middlesex, Middlesex County, State of New Jersey (hereinafter called the “OWNER”)
invites submissions for the service(s) mentioned in the Public Notice for Professional Services
Qualifications and Rates for 2025.
This contract is to furnish and deliver various professional services for the Borough of Middlesex
through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et. seq.
2. Administrative Conditions and Requirements
The following items express the conditions and requirements of this RFP. Together with the other RFP
sections, they apply to the RFP process, the subsequent contract, and project production. Any proposed
change, modification, or exception to these conditions and requirements may be the basis for the owner
to determine the proposal as non-responsive to the RFP and will be a factor in the determination of an
award of a contract. The contents of the proposal of the successful respondent, as accepted by the owner,
will become part of any contract awarded as a result of this RFP.
2.1 Proposal Submission Information
Submission Date and Time: Tuesday, January 14, 2025 at 11:00am
One (1) Original signed in ink & one (1) copy of the RFP response.
Deadline to submit questions: Friday, January 3, 2025 at 1:00pm
Submission Office:
Purchasing Agent, Clerk’s Office
1200 Mountain Avenue
Middlesex, NJ 08846
Submissions must be provided on a Standardized Submission Form as supplied in the submission
package and signed by the professional services entity or principal thereof. All prices and amounts must
be written in ink or preferably typewritten. Each signatory to the submission must initial all erasures or
corrections.
Submissions shall be contained in a sealed envelope addressed to: Purchasing Agent, Borough of
Middlesex, 1200 Mountain Ave., Middlesex, NJ 08846, and said envelope shall specify the appointment
Title/Professional Service for which the submission is provided. The submission is to be clearly marked
(indicating the category of the professional service) – “Sealed Submission Enclosed” (e.g., Board of
Health Attorney– sealed submission enclosed) and must be delivered at the place and time required or
mailed so as to be received prior to the opening time set in the advertisement. Submissions received after
the hour herein named or in unsealed envelopes shall not be considered. The original proposal shall be
signed in ink and marked to distinguish it from the one (1) copy. Faxed or emailed proposals will NOT
be accepted.
The 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.
RFP – Board of Health Attorney – Borough of Middlesex
3
Responses delivered before the submission date and time specified above may be withdrawn upon
written application of the respondent who shall be required to produce evidence showing that the
individual is or represents the principal or principals involved in the proposal. After the submission date
and time specified above, responses must remain firm for a period of sixty (60) days.
The submission shall be accompanied by: (1) Non-Collusion Affidavit, (2) Disclosure of Ownership
Form, (3) Insurance Requirement Acknowledgement Form, (4) Mandatory Equal Employment
Opportunity Notice Acknowledgement, (5) Copy of the applicable Business Registration Certificate, (6)
Professional Services Entity Information Form, (7) Qualifications Submission, (8) Disclosure of
Investment Activities in Iran and (9) Acknowledgement of Corrections, Additions or Deletions Form.
2.2 Borough Representative for this Solicitation
Questions by prospective respondents concerning this RFP may be addressed to Carmen Modica,
Purchasing Agent in writing via email cmodica@middlesexboro-nj.gov. Please note the aforementioned
contact is authorized only to direct the attention of prospective respondents to various portions of the
requirements so that they may read and interpret each portion for themselves. NO employee of the
Borough of Middlesex is authorized to give interpretations of any portion of this RFP or to give
information as to the requirements for the RFP in addition to that already contained in the RFP unless as
a formal addendum.
Interpretations of the RFP or additional information as to its requirements, when necessary, shall be
communicated to prospective respondents only by written addendum issued by the Purchasing Agent of
the Borough of Middlesex.
Please identify the contract name and note Request for Information as the subject line when submitting
a request by fax or email.
2.3 Interpretations and Addenda
Respondents are expected to examine the RFP with care and observe all its requirements. All questions
about the meaning or intent of this RFP, all interpretations and clarifications considered necessary by the
owner’s representative in response to such comments and questions will be issued by Addenda mailed or
delivered to all parties recorded as having received the RFP package. Only comments and questions
responded to by formal written Addenda will be binding. Oral interpretations, statements or
clarifications are without legal effect.
2.4 Quantities of Estimate
Wherever the estimated quantities of work to be done are shown in any section of this RFP, including
the Proposal Cost Form, they are given for use in comparing proposals. The owner especially reserves
the right (except as herein otherwise specifically limited) to increase or diminish the quantities as may
be deemed reasonably necessary or desirable by the owner to complete the work detailed in the contract.
Such increase or diminution shall in no way violate this contract, nor shall any such increase or
diminution give cause for claims or liability for damages.
2.5 Cost Liability and Additional Costs
The owner assumes no responsibility and liability for costs incurred by the respondents prior to the
issuance of an agreement. The liability of the owner shall be limited to the terms and conditions of the
contract.
Respondents will assume responsibility for all costs not stated in their proposals. All unit rates either
stated in the proposal or used as a basis for its pricing are required to be all-inclusive. Additional
RFP – Board of Health Attorney – Borough of Middlesex
4
charges, unless incurred for additional work performed by request of the owner as noted in 2.4, are not
to be billed and will not be paid.
2.6 Statutory and Other Requirements
2.6.1 Compliance with Laws
Any contract entered into between the contractor and the owner must be in accordance with and subject
to compliance by both parties with the New Jersey Local Public Contracts Law. The contractor must
agree to comply with the non-discrimination provisions and all other laws and regulations applicable to
the performance of services there under. The respondent shall sign and acknowledge such forms and
certificates as may be required by this section.
2.6.2 Mandatory EEO/Affirmative Action Compliance - N.J.S.A 10:5-31 et seq. and N.J.A.C 17:27
et seq.
No firm shall be issued a contract unless it complies with the EEO/Affirmative Action requirements of
P. L. 1975, C. 127 as identified in the documents attached hereto. The form shall be properly executed.
2.6.3 Americans with Disabilities Act of 1990 - 42 U.S.C. S121 01 et seq.
Discrimination on the basis of disability in contracting for the delivery of services is prohibited.
Respondents are required to read American with Disabilities language that is part of the documents
attached hereto and agree that the provisions of Title II of the Act are made part of the contract. The
contractor is obligated to comply with the Act and hold the owner harmless.
2.6.4 Statement of Corporate Ownership-Stockholder Disclosure - N.J.S.A. 52:25-24.2 (P.L. 1977
c.33)
In accordance with N.J.S.A. 52:25-24.2, no corporation, partnership, limited partnership, limited liability
corporation, limited liability partnership, Subchapter S corporation or sole proprietorship, shall be
awarded a contract, unless prior to the receipt of the RFP response/proposal or accompanying the RFP
response/proposal of the corporation, partnership, limited partnership, limited liability corporation,
limited liability partnership, Subchapter S corporation or sole proprietorship, there is submitted to the
Borough a statement setting forth the names and addresses of all stockholders who own 10% or more of
the stock, of any class or of all individual partners who own a 10% or greater interest in the corporation,
partnership, limited partnership, limited liability corporation, limited liability partnership, Subchapter S
corporation or sole proprietorship. If one or more such stockholder or partner is itself a corporation or
partnership, the stockholders holding 10% or more of that corporation’s stock, or the individual partners
owning 10% or greater interest in that partnership, as the case may be, shall also be listed. The
disclosure shall be continued until names and addresses of every non-corporate stockholder and
individual partner exceeding the 10% ownership criteria established in this act has been listed. The form
shall be signed and submitted with the RFP proposal/proposal whether or not a stockholder or partner
owns less than 10% of the business submitting the RFP proposal/proposal. Failure to comply requires
mandatory rejection of the RFP proposal/proposal. The Respondent shall complete and submit the form
of statement that is included in this RFP.
2.6.5 Non-Collusion Affidavit - N.J.S.A. 52:34-15
The Non-Collusion Affidavit, which is part of this RFP, shall be properly executed and submitted with
the RFP response.
2.6.6 Proof of N.J. Business Registration Certificate N.J.S.A. 52:32-44
Each proposer (contractor) is required to submit proof of business registration prior to award of the
contract. Proof of registration shall be a copy of the proposer’s Business Registration Certificate (BRC).
RFP – Board of Health Attorney – Borough of Middlesex
5
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 obtain and provide the owner with the BRC of subcontractors
knowingly used on this contract.
2. The contractor shall maintain and submit to the contracting agency a list of
subcontractors and their addresses that may be updated from time to time during the
course of the contract performance. A complete and accurate list shall be submitted
before final payment is made for goods and services rendered under the contract.
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 taxable sales of tangible personal
property delivered into the State.
Failure to submit the BRC with the proposal is NOT a cause for rejection. However, the Borough
prefers the BRC be submitted with the proposal. If it is not provided prior to execution of a contract the
proposer’s proposal guarantee shall be forfeited and the contract shall be awarded to the next lowest
responsible proposer.
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 $25.00 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.
A BRC is obtained from the New Jersey Division of Revenue and Enterprise Services. Information on
obtaining a BRC is available on the internet at www.nj.gov/treasury/revenue/busregcert.shtml or by
phone at (609) 292-2929.
Emergency Purchases or Contracts
For purchases of an emergent nature, the contractor shall provide its Business Registration Certificate
within two weeks from the date of purchase or execution of the contract or prior to payment for goods or
services, whichever is earlier.
2.6.7 Pay to Play – Notice of Disclosure Requirement
Business entities are advised of their responsibility to file an annual disclosure statement of political
contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A.
19:44A-20.27 if they receive contracts in excess of $50,000 from public entities in a calendar year.
Business entities are responsible for determining if filing is necessary. Additional information on this
requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.
2.6.8 Assign, Sublet or Transfer Any Rights/Interests
Neither the owner nor the Contractor shall assign, sublet, or transfer any rights or interest in this
Agreement without the prior written consent of the other party. Unless specifically stated to the contrary,
in writing, prior to an assignment, no assignment will release or discharge the assignor from any duty or
responsibility under this Agreement. Nothing herein shall be construed to give any rights or benefits to
anyone other than the owner and the Contractor.
RFP – Board of Health Attorney – Borough of Middlesex
6
2.6.9 Insurance and Indemnification
If it becomes necessary for the contractor, either as principal or by agent or employee, to enter upon the
premises or property of the owner in order to construct, erect, inspect, make delivery or remove property
hereunder, the contractor hereby covenants and agrees to take use, provide and make all proper,
necessary and sufficient precautions, safeguards, and protection against the occurrence of happenings of
any accident, injuries, damages, or hurt to person or property during the course of the work herein
covered and be his/her sole responsibility.
The contractor shall maintain sufficient insurance to protect against all claims under Workers
Compensation, General Liability and Automobile and shall be subject to approval for adequacy of
protection and certificates of such insurance shall be provided.
Indemnification
The contractor agrees to indemnify and save harmless the owner, its officers, agents and employees,
hereinafter referred to as indemnitees, from all suits, including attorney’s fees and costs of litigation,
actions, loss damage, expense, cost of claims, of any character or on account of any act, claim or amount
arising or recovered under Worker’s Compensation law, or arising out of failure of the Contractor or
those acting under Contractor to conform to any statutes, ordinances, regulations, law or court decree. It
is the intent of the parties to this contract that the indemnities shall, in all instances, except for loss or
damage resulting from the sole negligence of the indemnitee, be indemnified against all liability, loss or
damage of any nature whatsoever.
Insurance Requirements:
Worker’s Compensation and Employer’s Liability Insurance
This insurance shall be maintained in full force during the life of this contract by the contractor covering
all employees engaged in performance of this contract pursuant to N.J.S.A. 34:15-12(a) and N.J.A.C.
12:235-1.6. Minimum Employer’s Liability $1,000,000.00.
General Liability Insurance
This insurance shall have limits of not less than $3,000,000.00 any one person and $3,000,000.00 any
one accident for bodily injury and $3,000,000.00 aggregate for property damage and shall be maintained
in force during the life of the contract.
Automobile Liability Insurance
This insurance covering contractor for claims arising from owned, hired and non-owned vehicles with
limits of not less than $3,000,000.00 any one person and $3,000,000.00 any one accident for bodily
injury and $3,000,000.00 each accident for property damage, shall be maintained in force during the life
of this contract by the contractor.
Professional Liability/Malpractice Insurance Policy (if applicable)
Coverage in the amount of $2,000,000.00/occurrence, $4,000,000.00 aggregate and assurance that each
such policy for each staff member remains full and in effect while providing services for owner.
The contractor shall provide the owner with a Certificate of Insurance naming the Borough of Middlesex
as additionally insured, evidencing the existence of required insurance prior to the commission of work.
Said insurance must include coverage for complete operations, contractual insurance and independent
contractor or subcontractor insurance, where and if applicable.
Errors and Omissions Insurance
RFP – Board of Health Attorney – Borough of Middlesex
7
A.
The contractor shall purchase and maintain during the entire period of this contract, errors
and omissions insurance that shall protect the contractor and the Borough from any and all
claims that may arise out of or result from the contractor’s performance of this contract.
Specifically, the errors and omissions insurance shall have limits of not less than
$2,000,000.00 dollars per occurrence and $4,000,000.00 dollars in the aggregate.
B.
Certificates of the Required Insurance
Certificates as listed above shall be submitted along with the contract as evidence covering
Errors and Omissions insurance. Such coverage shall be with acceptable insurance
companies operating on an admitted basis in the State of New Jersey.
The contractor shall provide the Borough with a Certificate of Insurance naming the
Middlesex Borough, its employees, officers, and agents as additionally insured, and
evidencing the existence of required insurance prior to the commission of work.
Middlesex Borough will not accept Mutual Limitation of Liability terms.
2.6.10 Health Insurance Portability and Accountability Act of 1996 - HIPAA (If Applicable)
Both parties agree to comply with all requirements of the Federal Health Insurance Portability and
Accountability Act of 1996 (“HIPAA”) as maybe amended from time to time, and the corresponding
HIPAA regulations for the confidentiality and security of medical information.
The Contractor shall:
• Not use or disclose protected health information other than as permitted or required by law
• Use appropriate safeguards to protect the confidentiality of the information
• Report any use or disclosure not permitted
The contractor, by execution of the contract, shall thereby indemnify and hold the owner harmless from
any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the
failure of the contractor to comply with the requirements of the Health Insurance Portability and
Accountability Act (HIPAA) or any other statute or case law protecting the privacy of persons using its
services.
2.6.11 Proof of Licensure
Proof of licensure for providing Services in the State of New Jersey, for either the firm or the person
responsible for the work, shall be provided as required.
2.6.12 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. Proposers must indicate if 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.
2.7 Public Emergency
In the event of a Public Emergency declared at the Local, State or Federal Level, if the owner opts to
extend terms and conditions of this RFP, the contractor agrees to extend the terms and conditions of this
RFP, whether existing, expiring or expired no longer than six months, for goods and/or services for the
duration of the emergency. In the event the original contractor cannot meet this requirement, the owner
may solicit the goods and/or services from any proposer on this contract.
RFP – Board of Health Attorney – Borough of Middlesex
8
2.8 Multiple Proposals Not Accepted
More than one proposal from an individual, a firm or partnership, a corporation or association under the
same or different names shall not be considered.
2.9 Failure to Enter Contract
Should the respondent to whom the contract is awarded, fail to enter into a contract within ten (10) days,
Sundays and holidays excepted, the owner may then, at its option, accept the proposal of another
respondent.
2.10 Commencement of Work
The contractor agrees to commence work after the date of award by the owner and upon notice from the
using department.
2.11 Time of Completion
It is hereby understood and mutually agreed, by and between the respondent and the owner, that the date
on which the work shall be substantially complete as specified in the RFP is an essential condition of
this contract. It is further mutually understood and agreed that the work and contract time embraced in
this Contract shall commence on the date specified and that the resulting contract shall be completed in
sequence and time frames identified by the owner.
The respondent agrees that said services shall be processed regularly, diligently, and uninterruptedly at
such rate of progress as will ensure full completion thereof within the time specified. It is expressly
understood and agreed, by and between the respondent and the owner, that the time of completion of the
services described herein is a reasonable time for the completion of it.
2.12 Termination of Contract
If, through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations under
the Contract or if the contractor violates any requirements of the Contract, the owner shall thereupon
have the right to terminate the Contract by giving written notice to the contractor of such termination at
least thirty (30) days prior to the proposed effective date of the termination. Such termination shall
relieve the owner of any obligation for the balances to the contractor of any sum or sums set forth in the
Contract.
The contractor agrees to indemnify and hold the owner 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 owner under this provision.
In case of default by the contractor, the owner may procure the articles or services from other sources
and hold the contractor responsible for any excess cost occasioned thereby.
2.13 Non-Allocation of Funding Termination
Each fiscal year payment obligation of the Owner is conditioned upon the availability of Owner funds
appropriated or allocated for the payment of such an obligation. If funds are not allocated and available
for the continuance of any services performed by the Contractor hereunder, whether in whole or in part,
the Owner at the end of any particular fiscal year may terminate such services. The Owner will notify
the Contractor in writing immediately of any services that will be affected by a shortage of appropriated
funds. This provision shall not be construed so as to permit the Owner to terminate this Agreement
during the term, or any service hereunder, merely in order to acquire identical services from a third-party
contractor.
RFP – Board of Health Attorney – Borough of Middlesex
9
2.14 Force Majeure
Neither party shall be responsible for any resulting loss or obligation to fulfill duties as specified in any
of the terms or provisions of this Agreement if the fulfillment of any term or provision of this
Agreement is delayed or prevented by any revolutions, insurrections, riots, wars, acts of enemies,
national emergencies, strikes, floods, fires, acts of God, or by any cause not within the control of the
party whose performance is interfered with which by the exercise of reasonable diligence such party is
unable to prevent. Additionally, if the fulfillment of any of the terms and provisions of this Agreement
is delayed or prevented by any court order, or action or injunction or other such agreement, this
Agreement shall become voidable by the Borough of Middlesex by notice to each party.
2.15 The Owner and the Contractor each bind themselves and their successors, executors,
administrators, heirs and assigns and legal representatives of the other party respecting all covenants and
agreements and obligations of this contract.
2.16 The terms of this contract shall be construed and interpreted, and all respective rights and duties of
the parties shall be governed by the laws of the State of New Jersey.
2.17 Challenge of Specifications
Any respondent who wishes to challenge a specification shall file such challenge in writing with the
Purchasing Agent no less than three (3) business days prior to the opening of the RFP's.
Challenges filed after that time shall be considered void and having no impact on the owner or the award
of contract.
2.18 Payment
Invoices shall be submitted monthly and must specify, in detail, the period for which payment is
claimed, the services performed during the prescribed period, the amount claimed and correlation
between the services claimed, all backup documentation (mileage, time logs, receipts for expenses, etc.),
amount remaining in total balance, and the Proposal Cost Form.
The Borough of Middlesex will provide a sample Progress Report and Invoice for the Hired Consultant
to ensure compliance.
The owner may withhold all or partial payments on account of subsequently discovered evidence
including but not limited to the following:
1. Deliverables not complying with the project specification;
2. Claims filed or responsible evidence indicating probability of filing claims;
3. A reasonable doubt that the Contract can be completed for the balance then unpaid.
When the above grounds are removed, payment shall be made for amounts withheld because of them.
Invoices shall specify, in detail, the period for which payment is claimed, the services performed during
the prescribed period, the amount claimed and correlation between the services claimed and the Proposal
Cost Form.
2.19 Non-payment of Penalties and Interest on Overdue Bills
Public funds may be used to pay only for goods delivered or services rendered. The Borough of
Middlesex will not pay penalties and/or interest on overdue bills. No employee is authorized to sign a
RFP – Board of Health Attorney – Borough of Middlesex
10
letter of credit or any other document that represents a legal commitment on the part of the Borough to
pay additional fees.
2.20 Ownership of Material
The owner shall retain all of its rights and interest in any and all documents and property both hard copy
and digital furnished by the owner to the contractor for the purpose of assisting the contractor in the
performance of this contract. All such items shall be returned immediately to the owner at the expiration
or termination of the contract or completion of any related services, pursuant thereto, whichever comes
first. None of the documents and/or property shall, without the written consent of the owner, be
disclosed to others or used by the contractor or permitted by the contractor to be used by their parties at
any time except in the performance of the resulting contract.
Ownership of all data, materials and documentation originated and prepared for the owner pursuant to
this contract shall belong exclusively to the owner. All data, reports, computerized information,
programs and materials related to this project shall be delivered to and become the property of the owner
upon completion of the project. The contractor shall not have the right to use, sell, or disclose the total of
the interim or final work products, or make available to third parties, without the prior written consent of
the owner.
Under state and federal statutes, certain government records are protected from public disclosure. The
Borough, the Contractor and any Subcontractors have a responsibility and an obligation to safeguard
from public access an employee's personal information with which it has been entrusted when disclosure
thereof would violate the employee's reasonable expectation of privacy. All payroll, personnel and
health insurance related files are confidential. Additionally, the Contractor and any Subcontractors may
be privy to sensitive law enforcement information or investigations during their review which must
remain confidential. The Borough reserves the right to make any public disclosure under the law. Also,
among government records deemed confidential are administrative or technical information regarding
computer hardware, software and networks that, if disclosed, would jeopardize computer security. The
Contractor and any Subcontractor(s) are prohibited from the sale or distribution of all supplied
information to any third party.
2.21 Source of Specifications/RFP Packages
Official Request for Proposal (RFP) packages for routine goods and services are available from
www.middesexboro-nj.gov at no cost to the prospective respondents. All addenda are posted on this
site. Potential respondents are cautioned that they are responding at their own risk if a third party
supplied the specifications that may or may not be complete. The Borough is not responsible for third
party supplied RFP documents.
2.22 Altering Official Document
Respondents shall not write in any margins or alter the official content of Borough’s RFP document.
2.23 RFP Preparation of Forms
RFPs must be signed in ink by the respondent; all quotations shall be made with a typewriter/computer
or pen and ink. Any quotation showing any erasure alteration must be initialed by the respondent in ink.
Unit prices and totals are to be inserted in spaces provided.
2.24 W-9
Successful proposer/respondent shall complete W-9 Form and submit to Finance prior to contract award.
The form is available at the following link: www.irs.gov/pub/irs-pdf/fw9.pdf
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2.25 Resubmissions
In the case of Resubmissions for Proposals or RFP’s, proposers are cautioned to use and submit only
documents of the current active proposal. Prior proposal documents, (original or any prior
resubmission), are invalid as those opportunities no longer legally exist. Submission of any forms or
documents from a prior proposal or resubmission shall be reason to find your proposal for the current
opportunity non-responsive.
3. SCOPE OF WORK (SOW)
The following is a description of the professional services needed, including where appropriate, a
description of tasks involved:
LEGAL COUNSEL – BOARD OF HEALTH - The Borough requires Board of Health legal counsel.
The minimum threshold criteria that will be utilized for the evaluation of the responses shall be as
follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Experience in field of municipal law representing governmental entities including preparation of
ordinances and resolutions, knowledge of rehabilitation laws and tax abatement laws and
condemnation proceedings for a minimum of five (5) years
4) Knowledge of the Board of Health and its operation
5) Draft or approve as to form and sufficiency all legal documents, contracts, ordinances and
resolutions made, executed or adopted by or on behalf of the Board
6) Provide legal advice, research and assistance including office work, correspondence, telephone
calls on all normal and special matters which the Board may require to be addressed by the
attorney
7) Draft all legal documents as may be required by the Board
8) Prepare and defend all litigation affecting the Board or any member of it which is the result of
decisions made on applications or in the normal performance of their official duties
9) Subject to the approval of the Board of Health, have the power to enter into any agreement,
compromise or settlement of any litigation in which the Board is involved
3.1 ADDITIONAL INFORMATION
The attorney shall provide the following services/responsibilities:
1) Attend meetings of the Board of Health upon request. There is currently a minimum of twelve
(12) meetings per year.
2) Be available for telephone consultations with the Chairman of the Board, Secretary of the Board,
the Health Officer and/or any other agents/individuals designated by the Board.
4.
Proposal Requirements
4.1 Qualification Statement
A statement is to be provided by the respondent who will serve as the primary contractor. The statement
shall set forth brief details of the firm's principal activities, the number of personnel in the firm and the
firm's location. Please provide a list of (3) three clients for whom similar services have been provided.
Include the following in your response:
RFP – Board of Health Attorney – Borough of Middlesex
12
1. Name of government agency.
2. Contact person’s name, position, and current telephone number.
3. Dates, cost and scope of service.
4. Status and comments
4.2 Key Personnel Information
The respondent shall provide the identity and the professional credentials of the principals and other key
personnel either working for the contractor and their areas of responsibilities.
4.3 Subcontractors
Respondents may engage the services of subcontractors for completion of this project. If their proposal
involves any subcontractors, full details on the nature of the work to be performed by them and the
location in which the work is to be performed must be provided. The respondent understands that if
selected, the owner prior to initiating any subcontracted work, must approve the use of subcontractors in
writing.
4.4 Proposal Forms
The following forms are contained in the attachments. All forms are required and shall be completed
and made part of the proposal submitted.
1. Proposal Cost/Signature Form
2. Qualifications Submission Form
3. Non-Collusion Affidavit
4. Stockholder Disclosure
5. Insurance Requirement Acknowledgement Form
6. Affirmative Action Statement
7. Professional Service Entity Information Form
8. Acknowledgement of Receipt of Addenda
9. Disclosure of Investment Activities in Iran
4.5 Location of Servicing Office
The proposal must list the location and address of the present, active office that will service and manage
this contract.
5.
Evaluation, Review and Selection Process
5.1 Proposals to Remain Subject to Acceptance
RFP responses shall remain open for a period of sixty (60) calendar days from the stated submittal. The
owner will either award the Contract within the applicable time period or reject all proposals.
The owner may extend the decision to award or reject all proposals beyond the sixty (60) calendar days
when the proposals of any respondents who consent thereto may, at the request of the owner, be held for
consideration for such longer period as may be agreed.
5.2 Rejection of Proposals
The owner reserves the right to reject any or all proposals, or to reject any proposals if the evidence
submitted by, or investigation of such respondent fails to satisfy the owner that such respondent is
properly qualified to carry out the obligations of the RFP and to complete the work contemplated
therein. The owner reserves the right to waive any minor informality or reject any/or all submissions in
RFP – Board of Health Attorney – Borough of Middlesex
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accordance with the Fair & Open Public Solicitation Process for professional services(s) pursuant to P.L.
2004, c.19 (N.J.S.A. 19:44A-20.4 et seq.) in the RFP.
5.3 Evaluation Process
An evaluation team will review all proposals to determine if they satisfy the Proposal Requirements,
determine if a proposal should be rejected and evaluate the proposals based upon the Evaluation Criteria.
The highest-ranking respondent will then be recommended to the governing body for award of contract,
based on most advantageous price and other factors. The Borough reserves the right to reach out to the
respondents to get clarification on Proposals on specific items if necessary, during the deliberation
process.
Evaluation Team – RFP respondents are prohibited from contacting any member of the evaluation team
directly without a formal invitation. If it is found that a respondent has attempted to discuss their
proposal with a team member without an invite, then their proposal may be deemed unresponsive. All
questions during the evaluation period shall be directed to the Purchasing Agent.
5.4 Evaluation Criteria
The criteria considered in the evaluation of each proposal follows. The arrangement of the criteria is not
meant to imply order of importance in the selection process. All criteria will be used to select the
successful respondent.
This will be based on the quality of the content of the RFP and the respondent's ability to communicate a
thorough understanding of the required tasks and the approach to meet the scope of work outlined in the
RFP. The proposals will be evaluated for general compliance with instructions and requests issued in
the RFP. Non-compliance with significant instructions will be grounds for disqualification of proposals.
5.4.1 Understanding of the Requested Work
The proposals will be evaluated for general compliance with instructions and requests issued in the RFP.
Non-compliance with significant instructions shall be grounds for disqualification of proposals.
5.4.2 Knowledge and Technical Competence
This includes the ability of the respondent to perform all of the tasks and fulfill adequately the stated
requirements.
5.4.3 Management, Experience and Personnel Qualifications
Expertise of the firm shall be demonstrated by past contract successes providing government agencies
with similar services. The respondent will be evaluated on knowledge, experience, prior collaboration
and successful completion of projects/services similar to that requested in this RFP.
In addition to relevant experience, respondents shall provide personnel qualifications in the Proposal.
(See 4.1 and 4.2).
5.4.4 Ability to Complete the Project/Services in a Timely Manner
This is based on the estimated duration of the tasks and the respondent’s ability to accomplish these
tasks as stated.
5.4.5 Cost
Price shall be based on amount stated on the proposal cost form. Total overall costs to complete the
project, the cost of maintenance, training, etc., or price shall be based on hourly rates and schedules of
fees submitted with the proposal. Any services not included as part of any resulting contract scope of
services must be approved and authorized by the owner before such work is initiated. The owner shall
RFP – Board of Health Attorney – Borough of Middlesex
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pay for such approved services, at the rate or cost agreed upon between the owner and contractor,
provided the respondent has provided a schedule of fees for additional services with this RFP.
5.5 Term of the contract
The term of this contract is January 1, 2025 – December 31, 2025. (Options to extend may be exercised
by mutual agreement in accordance with terms of N.J.S.A. 40A:11-4.1 et seq.)
5.6 Notice of Award
The successful respondent will be notified of the award of contract upon a favorable decision by the
governing body.
RFP – Board of Health Attorney – Borough of Middlesex
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BOROUGH OF MIDDLESEX
PROFESSIONAL SERVICES –- 2025
CHECKLIST
PROFESSIONAL SERVICE TITLE: BOARD OF HEALTH ATTORNEY
SUBMISSION DATE: Tuesday, January 14, 2025 at 11:00 AM
The following items, as indicated below (X), shall be provided with the receipt of sealed submissions:
1. Non-Collusion Affidavit …………………………….……………………………… ___X____
2. Stockholder Disclosure Certification ……………………………………….…………. ___X____
3. Insurance Requirement Acknowledgement Form …………..……….……………… ___X____
4. Mandatory Equal Employment Opportunity Notice Acknowledgement ………………___X____
5. Copy of your Business Registration Certificate as issued by the State of
New Jersey, Department of Treasury, Division of Revenue (preferred with proposal, but must be
submitted prior to award …………………………………....………………………..
___X____
6. Professional Service Entity Information Form ……………………….………………. ___X____
7. Qualifications Submission Form…….………………………………………….……… ___X____
8. Disclosure of Investment Activities in Iran. Required prior to award of contract………. ___X____
9. Acknowledgement of Corrections, Additions or Deletions Form ………………….
___X____
10. Proposal Cost/Signature Form ………………………………..………………………..___X____
Reminder
Please submit one (1) original and one (1) additional set of the sealed submission.
Each submission shall be contained in a sealed envelope addressed to: Purchasing Agent,
Borough of Middlesex, 1200 Mountain Ave., Middlesex, NJ 08846 or in the preprinted
envelope supplied with the submission package when available and said envelope shall
specify the Appointment Title/Professional Service for which the submission is provided.
The submission is to be clearly marked (indicating the category of the professional service) –
“Sealed Submission Enclosed” (e.g. Board of Health Attorney – sealed submission enclosed)
and must be delivered at the place and time required or mailed so as to be received prior to
the opening time set in the advertisement.
Submissions received after the hour herein named or in unsealed envelopes shall not be
considered.
RFP – Board of Health Attorney – Borough of Middlesex
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BOROUGH OF MIDDLESEX
EXCEPTIONS
For each exception, the proposer must identify the specific section of specifications by providing the number
and title the exception applies to. It is the responsibility of the proposer to document the equivalence claim in
writing. Submitting product brochures is not an acceptable claim of equivalence.
(IF NONE SO STATE)
USE ADDITIONAL SHEET IF NECESSARY
RFP – Board of Health Attorney – Borough of Middlesex
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BOROUGH OF MIDDLESEX
PROPOSAL FORM/SIGNATURE PAGE
PROFESSIONAL SERVICES – BOARD OF HEALTH ATTORNEY- 2025
TO THE BOROUGH OF MIDDLESEX:
The undersigned declares that he/she has read the Notice, Instructions, Affidavits and Scope of
Services attached, that he/she has determined the conditions affecting the proposal and agrees, if
this proposal is accepted, to furnish and deliver services per the following:
BOARD OF HEALTH ATTORNEY
FEE SCHEDULE SUBMITTED Yes No
(Corporation)
The undersigned is a (Partnership) under the laws of the State of __________________________ having its
(Individual)
Principal office at
Company
Federal I.D. # or Social Security #
Address
Signature of Authorized Agent
Type or Print Name
Title of Authorized Agent
Date
Telephone Number
Email Address
Fax Number
RFP – Board of Health Attorney – Borough of Middlesex
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BOROUGH OF MIDDLESEX
BOARD OF HEALTH ATTORNEY
QUALIFICATIONS SUBMISSION FORM
1.
Names and roles of the individuals who will perform the services and description of
their education and experience with projects similar to the services contained herein
including their education, degrees and certifications:
2.
References and record of success of same or similar service:
3.
Description of ability to provide the services in a timely fashion (including staffing,
familiarity and location of key staff):
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4. Cost details, including the hourly rates of each of the individuals who will perform
services, including their title, level of expertise and years of experience, and all expenses:
Firm __________________________________________ Date: _________________________
Authorized Representative (Print):___________________________________________________
Signature: ________________________ Title:________________________________________
Telephone #: _____________________ Fax #: ______________________________________
RFP – Board of Health Attorney – Borough of Middlesex
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BOROUGH OF MIDDLESEX
PROFESSIONAL SERVICE ENTITY INFORMATION FORM
If the Professional Service Entity is an INDIVIDUAL, sign name and give the following information:
Name:______________________________________________________________________________________________
Address:_____________________________________________________________________________________________
Telephone No.: ____________________Social Security No.:___________________________________________________
Fax No.: _______________________ E-Mail: _____________________________________________________________
If individual has a TRADE NAME, give such trade name:
Trading As: _________________________________ Telephone No.: ___________________________________________
****************************************************************************************************
If the Professional Service Entity is a PARTNERSHIP, give the following information:
Name of
Partners:_____________________________________________________________________________________________
Firm
Name:_______________________________________________________________________________________________
Address:_____________________________________________________________________________________________
Telephone No.: ____________________________ Federal I.D. No.:_____________________________________________
Fax No.: ______________________ E-Mail:_______________________________________________________________
Social Security No.:___________________________________________________________________________________
Signature of authorized agent:____________________________________________________________________________
****************************************************************************************************
If the Professional Service Entity is INCORPORATED, give the following information:
State under whose laws incorporated:_____________________________________________________________________
Location of principal office:_____________________________________________________________________________
Telephone No.: ____________________ Federal I.D. No.: ____________________________________________________
Fax No.: _______________________ E-Mail:_______________________________________________________________
Name of agent in charge of said office upon whom notice may be legally served:
____________________________________________________________________________________________________
Telephone No.: ___________________Name of Corporation: __________________________________________________
Signature: By: __________________________________________________________
Title: Address: ______________________________________________________________
RFP – Board of Health Attorney – Borough of Middlesex
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BOROUGH OF MIDDLESEX
OWNERSHIP STATEMENT - STOCKHOLDER DISCLOSURE FORM
LEGAL NAME OF PROPOSER: ___________________________________________________________
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
Other, Please List __________________________________
List the names and addresses of all stockholders who own ten (10%) percent or more of the above company’s stock, and if
there are NO STOCKHOLDERS OF 10% OR MORE, simply check the second box below. If one or more such
stockholders or partner is itself a corporation or partnership, the stockholders holding 10% or more of that corporation's
stock, or the individual partners owning 10% of that corporation's stock, or the individual partners owning 10% or greater
interest in that partnership, as the case may be, must also be listed.
The disclosure shall be continued until names and addresses of every person who is a non-corporate
stockholder, or individual partner, exceeding the 10% ownership criteria established in this act, has been
listed, in full compliance with Chapter 33 of the New Jersey Public Laws of 1977.
PROPOSERS/RESPONDENTS MUST CHECK THE APPROPRIATE BOX:
I certify that the list below contains the names and addresses of all stockholders holding 10% or more of the issued
and outstanding stock of the undersigned.
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned.
Publicly Traded - For publicly traded entities to comply with N.J.S.A. 52:25-24.2 they may submit the name and address
of each publicly traded entity, and the name and address of each person holding 10% or more beneficial interest in the
publicly traded entity as of the last annual filling with the Security Exchange Commission (SEC), or foreign equivalent
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing, or foreign equivalent:
____________________________________________________________________________________________
The requested information is available on the following page number(s) of the SEC, or foreign equivalent, filing:
____________________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
(Note: Attach additional pages if necessary)
________________________________________________________________
______________
(Respondent/Respondent Authorized Signature)
(Date)
___________________________________________
______________________________________
RFP – Board of Health Attorney – Borough of Middlesex
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(Print name of authorized signatory)
(Title)
BOROUGH OF MIDDLESEX
NON-COLLUSION AFFIDAVIT
State of _____________
County of _____________
ss:
I, _____________________________ of the City of _______________________________
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 for the above named project, and that I executed the said
proposal with full authority so to do; 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 Middlesex 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_________________________________.
(Name of Contractor)
(N.J.S.A. 52:34-15)
Subscribed and sworn to
Before me this _______day
Of ___________, _______.
Signature
(Type or print name of affiant under signature)
_______________________________________
Notary public of
My Commission expires ___________________.
RFP – Board of Health Attorney – Borough of Middlesex
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BOROUGH OF MIDDLESEX
INSURANCE REQUIREMENTS AND ACKNOWLEDGEMENT FORM
Certificate(s) of Insurance shall be filed with the Borough Clerk’s Office upon award of
contract by the Mayor and Borough Council.
The minimum amount of insurance to be carried by the Professional Service Entity shall
be as follows:
PROFESSIONAL LIABILITY INSURANCE
Limits shall be a minimum of $2,000,000.00 for each claim and $4,000,000.00
aggregate each policy period.
Acknowledgement of Insurance Requirement:
________________________________________________________________
(Signature)
(Date)
________________________________________________________________
(Printed Name and Title)
RFP – Board of Health Attorney – Borough of Middlesex
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EXHIBIT A
EEO/AFFIRMATIVE ACTION COMPLIANCE NOTICE
N.J.S.A. 10:5-31 and N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful proposers are required to submit evidence of appropriate affirmative action
compliance to the Borough and Division of Public Contracts Equal Employment Opportunity
Compliance. During a review, Division representatives will review the Borough files to determine
whether the affirmative action evidence has been submitted by the vendor/contractor. Specifically,
each vendor/contractor shall submit to the Borough, prior to execution of the contract, one of the
following documents:
Goods and General Service Vendors
1. Letter of Federal Approval indicating that the vendor is under an existing federally approved or
sanctioned affirmative action program. A copy of the approval letter is to be provided by the
vendor to the Borough and the Division. This approval letter is valid for one year from the date
of issuance.
Do you have a federally-approved or sanctioned EEO/AA program?
Yes
No
If yes, please submit a photo static copy of such approval.
2. A Certificate of Employee Information Report (hereafter “Certificate”), issued in accordance with
N.J.A.C. 17:27-1.1 et seq. The vendor must provide a copy of the Certificate to the Borough as
evidence of its compliance with the regulations. The Certificate represents the review and
approval of the vendor’s Employee Information Report, Form AA-302 by the Division. The
period of validity of the Certificate is indicated on its face. Certificates must be renewed prior to
their expiration date in order to remain valid.
Do you have a State Certificate of Employee Information Report Approval?
Yes
No
If yes, please submit a photo static copy of such approval.
3. The successful vendor shall complete an Initial Employee Report, Form AA-302 and submit it to
the Division with $150.00 Fee and forward a copy of the Form to the Borough. Upon submission
and review by the Division, this report shall constitute evidence of compliance with the
regulations. Prior to execution of the contract, the EEO/AA evidence must be submitted.
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on
the Division website www.state.nj.us/treasury/contract_compliance.
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal
Employment Opportunity Compliance, with a copy to Public Agency.
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 and N.J.A.C. 17:27 and agrees to furnish the required forms of
evidence.
The undersigned vendor further understands that his/her proposal shall be rejected as non-
responsive if said contractor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C.
17:27.
COMPANY: ______________________________ SIGNATURE: ____________________________
PRINT NAME:___________________________ TITLE: __________________________________
DATE: __________________
RFP – Board of Health Attorney – Borough of Middlesex
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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 Borough employment goals
established in accordance with N.J.A.C. l7:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited
to, employment agencies, placement bureaus, colleges, universities, 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 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 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 www.state.nj.us/treasury/contract_compliance).
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.
RFP – Board of Health Attorney – Borough of Middlesex
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SAMPLE CERTIFICATE OF EMPLOYEE INFORMATION REPORT
RFP – Board of Health Attorney – Borough of Middlesex
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BOROUGH OF MIDDLESEX
AMERICANS WITH DISABILITIES ACT OF 1990
Equal Opportunity for Individuals with Disability
The Contractor and the Owner, do hereby agree that the provisions of Title 11 of the Americans
With Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 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 owner
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 owner in any action or administrative proceeding commenced pursuant
to this Act. The contractor shall indemnify, protect, and save harmless the 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 owner’s
grievance procedure, the contractor agrees to abide by any decision of the owner which is rendered
pursuant to said grievance procedure. If any action or administrative proceeding results in an
award of damages against the owner, or if the 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 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 owner or any of its agents, servants, and
employees, the owner shall expeditiously forward or have forwarded to the contractor every
demand, complaint, notice, summons, pleading, or other process received by the owner or its
representatives.
It is expressly agreed and understood that any approval by the 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 owner pursuant to this
paragraph.
It is further agreed and understood that the 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 owner from taking any other actions available to it
under any other provisions of the Agreement or otherwise at law.
RFP – Board of Health Attorney – Borough of Middlesex
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BOROUGH OF MIDDLESEX
THESE ARE SAMPLES OF THE ONLY ACCEPTABLE
BUSINESS REGISTRATION CERTIFICATES
PREFER SUBMITTED WITH PROPOSAL RESPONSE
REQUIRED BY LAW PRIOR TO AWARD OF CONTRACT
RFP – Board of Health Attorney – Borough of Middlesex
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CERTIFICATION OF NON‐INVOLVEMENT IN
PROHIBITED ACTIVITIES IN RUSSIA OR BELARUS
Pursuant to N.J.S.A. 52:32-60.1, et seq. (L. 2022, c. 3) any person or entity (hereinafter “Vendori”) that seeks to
enter into or renew a contract with a State agency for the provision of goods or services, or the purchase of bonds
or other obligations, must complete the certification below indicating whether or not the Vendor is identified on the
Office of Foreign Assets Control (OFAC) Specially Designed Nationals and Blocked Persons list, available here:
https://sanctionssearch.ofac.treas.gov/. If the Department of the Treasury finds that a Vendor has made a
certification in violation of the law, it shall take any action as may be appropriate and provided by law, rule or
contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the
party in default and seeking debarment or suspension of the party.
I, the undersigned, certify that I have read the definition of “Vendor” below, and have reviewed the Office of
Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, and having done so
certify:
(Check the Appropriate Box)
A. That the Vendor is not identified on the OFAC Specially Designated Nationals and Blocked Persons list
on account of activity related to Russia and/or Belarus.
OR
B. That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially
Designated Nationals and Blocked Persons list on account of activity related to Russia and/or Belarus.
OR
C. That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially
Designated Nationals and Blocked Persons list. However, the Vendor is engaged in activity related to
Russia and/or Belarus consistent with federal law, regulation, license or exemption. A detailed description
of how the Vendor’s activity related to Russia and/or Belarus is consistent with federal law is set forth
below.
Signature of Vendor’s Authorized Representative
Date
Print Name and Title of Vendor’s Authorized Representative
Vendor Name
Vendor Phone Number
Vendor Address (Street Address)
Vendor Fax Number
Vendor Address (City/State/Zip Code)
Vendor Email Address for Authorized Representative
______________________________________________
i Vendor means: (1) A natural person, corporation, company, limited partnership, limited liability partnership, limited liability company,
business association, sole proprietorship, joint venture, partnership, society, trust, or any other nongovernmental entity, organization, or
group; (2) Any governmental entity or instrumentality of a government, including a multilateral development institution, as defined in
Section 1701(c)(3) of the International Financial Institutions Act, 22 U.S.C. 262r(c)(3); or (3) Any parent, successor, subunit, direct or
indirect subsidiary, or any entity under common ownership or control with, any entity described in paragraph (1) or (2).
NJ Rev. 1.22.2024
(Attach Additional Sheets If Necessary.)
RFP – Board of Health Attorney – Borough of Middlesex
30
Disclosure of Investment Activities in Iran
Person or Entity
Part 1: Certification
COMPLETE PART 1 BY CHECKING EITHER BOX.
Pursuant to Public Law 2012, c. 25, any person or entity that is a successful bidder or proposer, or
otherwise proposes to enter into or renew a contract, must complete the certification below to attest, under
penalty of perjury, that neither the person or entity, nor any parent entity, subsidiary, or affiliate is
identified on the State Department of Treasury's Chapter 25 list as a person or entity engaging in
investment
activities
in
Iran.
The
list
is
found
on
Treasury’s
website
at
www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf.
The Chapter 25 list must be reviewed prior to completing the below certification. If a vendor or contractor
is found to be in violation of law, action may be taken as appropriate and as may provided by law, rule or
contract, including but not limited to imposing sanctions, seeking compliance, recovering damages,
declaring the party in default and seeking debarment or suspension of the party.
I certify, pursuant to Public Law 2012, c. 25, that neither the person or entity
listed above, nor any parent entity, subsidiary, or affiliate thereof is listed on the
N.J. Department of the Treasury’s list of entities determined to be engaged in
prohibited activities in Iran pursuant to P.L. 2012, c. 25 ("Chapter 25 List"). I
further certify that I am the person listed above, or I am an officer or
representative of the entity listed above and am authorized to make this
certification on its behalf. I will skip Part 2 and sign and complete the
Certification below.
OR
I am unable to certify as above because the person or entity and/or a parent entity,
subsidiary, or affiliate thereof is listed on the N.J. Department of the Treasury’s
Chapter 25 list. I will provide a detailed, accurate and precise description of the
activities in Part 2 below sign and complete the Certification below.
RFP – Board of Health Attorney – Borough of Middlesex
31
Part 2: Additional Information
PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN
IRAN.
You must provide a detailed, accurate and precise description of the activities of the person or entity, or a
parent entity, subsidiary, or affiliate thereof engaging in investment activates in Iran below and, if more
space is needed, on additional sheets provided by you.
Part 3: Certification of True and Complete Information
I, being duly sworn upon my oath, hereby represent and state that the foregoing information and
any attachments there to the best of my knowledge are true and complete. I attest that I am authorized
to execute this certification on behalf of the above-referenced person or entity.
I acknowledge that the Name of Contracting Unit is relying on the information contained herein
and thereby acknowledge that I am under a continuing obligation from the date of this certification
through the completion of any contracts with the Reference to Contracting Unit to notify the Reference
to Contracting Unit in writing of any changes to the answers of information contained herein.
I acknowledge that I am aware that it is a criminal offense to make a false statement or
misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal
prosecution under the law and that it will also constitute a material breach of my agreement(s) with the
Name of Contracting Unit and that the Reference to Contracting Unit at its option may declare any
contract(s) resulting from this certification void and unenforceable.
Full Name
(Print)
Title
Signature
Date
RFP – Board of Health Attorney – Borough of Middlesex
32
BOROUGH OF MIDDLESEX
ACKNOWLEDGMENT OF RECEIPT OF ADDENDA
The undersigned Proposer hereby acknowledges receipt of the following Addenda:
ADDENDUM
NUMBER
DATE
ACKNOWLEDGE RECEIPT
(Initial)
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
No Addenda were received:
Acknowledged for:
(Name of Proposer)
By:
(Signature of Authorized Representative)
Name:
(Print or Type)
Title:
Date:
RFP – Board of Health Attorney – Borough of Middlesex
33
EXHIBIT A
EVALUATION SHEET
BOROUGH OF
MIDDLESEX
EVALUATORS NAME
Write NA if
category
COMPANY NAME
does not apply.
Understanding the Requested Work
10 Points
Category
0 Points
1 - 2 Points
3 - 4 Points
Points Given
Demonstrates clear
Does not demonstrate clear
Proposal points are
Proposal is clear, readable
understanding
understanding
adequately defined
and precise
0 Points
1 - 2 Points
3 Points
Completeness and
Does not address major
Proposal absent some non-
Proposal complete and
responsiveness to RFP
requirements
critical points
responsive
Compliance with
Does not comply
Complies substantially
Complies with all
instructions and requests
instructions and requests
Knowledge and Professional Compliance
25 Points
Category
0 - 2 Points
3 - 4 Points
5 - 6 Points
Points Given
Education and training of
Minimal training, no formal
Some prior experience, some
High level of education and
employees, suitability to
education, new performer
training and documented
training, well proven
perform the required tasks
performance
performance
0 Points
1 - 2 Points
3 - 7 Points
Does respondent have the
Not adequately documented
Proposal uses some current
Well documented use of the
character, integrity,
technology
latest technologies
reputation, judgment,
experience & efficiency
required by the Professional
0 Points
1 - 2 Points
3 - 4 Points
QA/QC Process
Not adequately documented
QA/QC documented, but
QA/QC documented with
with little oversight
significant oversight
0 Points
1 - 3 Points
4 - 8 Points
Primary Professional vs.
More than one Sub-
Only one Sub-Professional
Primary Professional will do
subcontracted resources
Professional
providing 50% of resources
entire project
depending on nature of sub
to be used
and percentage of project
Ability to Perform Services in a Timely Manner
15 Points
Category
0 Points
1 - 2 Points
3 - 4 Points
Points Given
Scheduling Timeline
Cannot meet schedule
Meets most of schedule
Meets entire schedule
0 - 1 Points
2 - 3 Points
4 - 6 Points
Personnel & Resources
May not be sufficient
Sufficient for project
Dedicated resources
0 - 2 Points
3 - 4 Points
5 Points
Primary Professional
Primary Professional has not
Primary Professional has
No Sub-Professional or a
relationship Sub-
worked with Sub-
limited experience with Sub-
proven record with Sub-
Professionals
Professional
Professional
Professional
RFP – Board of Health Attorney – Borough of Middlesex
34
Management, Experience and Personnel Qualifications
25 Points
Category
0 Points
1 - 2 Points
3 Points
Points Given
Project Management Plan
Not demonstrated as sound
Plan is average
Plan is sound and detailed
Project Management Team
Does not meet qualifications
Qualified but little
Well qualified and has
experience working together
collaborated on similar projects
0 Points
1 -2 Points
3 - 5 Points
Record of reliability and
Not documented
Some documentation
Track record of high quality
quality of service
0 - 1 Points
2 - 4 Points
5 - 7 Points
Scope of Work Experience
Few related projects
Some similar projects
Numerous similar projects
Experience in performing
Limited experience
Good experience
Exceptional experience
similar work by employees
Management, Experience and Personnel Qualifications
25 Points
Category
0 Points
2 Points
3 Points
Points Given
Explanation of costs
Costs not explained
Some correlation provided
Well documented
0 - 4 Points
5 - 10 Points
11 - 15 Points
Cost comparison
Highest third in salary
dollars
Middle third in salary dollars
Lowest third in salary dollars
0 - 1 Points
2 - 3 Points
4 - 6 Points
Other costs, copies, travel, etc
Travel and copy cost in
Copy cost equal to OPRA
costs
None
excess of OPRA
0 Points
1 - 2 Points
3 Points
Additional Services
No needed additional
Possible additional services
Needed additional services
services identified
identified, costs not included
identified and included
TOTAL POINTS AWARDED
--- Document: 10 ---
NOTICE OF PUBLIC INTERNET AUCTION
BOROUGH OF MIDDLESEX
Pursuant to N.J.S.A. 40A:11-36, the Borough of Middlesex will conduct a Public Auction
Sale of surplus property no longer needed. The auction will be held over the internet.
Online auction site: www.municibid.com
Length of auction: Thursday, December 5, 2024 through Thursday, December 19, 2024
Inspection of items for sale: Wednesday, December 11, 2024 from 8:00 am to 1:00 pm
Location: Middlesex Borough Garage, 110 Main Street, Middlesex, NJ 08846
All bidders are required to electronically register for bidding at the website noted above.
All bidders participating in this auction agree that they have read and fully understand the
terms and conditions outlined on the site and agree to be bound thereby.
All Sales will be made to the highest bidder and shall be final. All items are sold in an “as
is, where is" condition, free from any guarantee or warranty. The payment terms of the
sale are posted on the website.
The Borough of Middlesex reserves the right to accept or reject any or all bids.
The surplus property includes:
Item
Approximate Mileage
VIN/Identification #
2006 Sterling Jetvac, Vactor
50,813
2FZHATDC96AW65422
2006 Ford F350
87,173
1FDWF37PX6EA65619
2007 Ford F250
78,253
1FTSF21P87EA10786
1999 Ford Crown Victoria
107,962
2FAFP71WXXX184088
Carmen Modica
Purchasing Agent
--- Document: RFP- 2026 PROFESSIONAL SERVICES - PUBLIC NOTICE UNDER A FAIR AND OPEN PROCESS FOR THE SOLICITATION OF QUALIFICATIONS AND RATES FOR VARIOUS PROFESSIONALS ---
RFP – Professional Services 2026 – Borough of Middlesex
1
Borough of Middlesex
1200 Mountain Avenue
Middlesex, New Jersey 08846
RFP- 2026 PROFESSIONAL SERVICES
PUBLIC NOTICE UNDER A FAIR AND OPEN PROCESS FOR THE SOLICITATION OF
QUALIFICATIONS AND RATES FOR VARIOUS PROFESSIONALS
FOR APPOINTMENT JANUARY 1, 2026 THROUGH DECEMBER 31, 2026
AND SPECIAL PROJECTS ON A PROJECT BY PROJECT BASIS
NOTICE IS HEREBY GIVEN that sealed submissions will be received by the Purchasing Agent
or designated representative, for Middlesex Borough, on Thursday, December 18, 2025 at 11:00 am
prevailing time, in the Municipal Building, 1200 Mountain Avenue, Middlesex, New Jersey 08846, then
publicly opened for the following positions:
•
Auditing Services
•
Engineering Services – Borough
•
Engineering Services – Alternate
•
Engineering Services – Land Use Board
•
Engineering Services - Environmental
•
Legal Counsel – Bond
•
Legal Counsel – Municipal Attorney
•
Legal Counsel – Conflict Municipal
•
Legal Counsel – Land Use Board
•
Legal Counsel – Tax Appeals
•
Legal Counsel – Municipal Prosecutor
•
Legal Counsel – Alternate Municipal Prosecutor
•
Legal Counsel – Labor
•
Legal Counsel – Redevelopment
•
Legal Counsel – Conflict Redevelopment
•
Legal Counsel – Environmental
•
Legal Counsel – Board of Health Attorney
•
Professional Planner – Borough
•
Professional Planner – Land Use Board
•
Sewage Collection System Operator – C-4 License Operator
•
Public Defender
•
Alternate Public Defender
•
Risk Management Consultant
•
Grant Writer
All professional service contractors are required to comply with 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). The submission
package is printable from the website www.middlesexboro-nj.gov or may be obtained at the Clerk’s
Office, Municipal Building,1200 Mountain Avenue, Middlesex, New Jersey 08846 during regular
business hours (9:00 a.m. – 4:00 p.m.). If submitting for more than one (1) professional service, you
must submit separate proposals for EACH service.
RFP – Professional Services 2026 – Borough of Middlesex
2
The Borough reserves the right to reject any or all submissions due to any defects or waive informalities
and accept any submissions that in their judgment will be in the best interest of the Borough. Questions
concerning this notice may be directed to Matthew Geist, Interim Borough Administrator,
mgeist@middlesexpd.com.
Date Advertised: November 28, 2025
Jennifer Mercedes
Purchasing Agent
RFP – Professional Services 2026 – Borough of Middlesex
3
BOROUGH OF MIDDLESEX
GENERAL INSTRUCTIONS
1. Introduction
The Borough of Middlesex, Middlesex County, State of New Jersey (hereinafter called the “OWNER”)
invites submissions for the service(s) mentioned in the Public Notice for Professional Services
Qualifications and Rates for 2026.
This contract is to furnish and deliver various professional services for the Borough of Middlesex
through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et. seq.
2. Administrative Conditions and Requirements
The following items express the conditions and requirements of this RFP. Together with the other RFP
sections, they apply to the RFP process, the subsequent contract, and project production. Any proposed
change, modification, or exception to these conditions and requirements may be the basis for the owner
to determine the proposal as non-responsive to the RFP and will be a factor in the determination of an
award of a contract. The contents of the proposal of the successful respondent, as accepted by the owner,
will become part of any contract awarded as a result of this RFP.
2.1 Proposal Submission Information
Submission Date and Time: Thursday, December 18, 2025 at 11:00am
One (1) Original signed in ink & one (1) copy of the RFP response.
Submission Office:
Purchasing Agent, Clerk’s Office
1200 Mountain Avenue
Middlesex, NJ 08846
Each submission must be provided on a Standardized Submission Form as supplied in the submission
package and signed by the professional services entity or principal thereof. All prices and amounts must
be written in ink or preferably typewritten. Each signatory to the submission must initial all erasures or
corrections. If submitting for more than one (1) professional service, you must submit separate
proposals for EACH service.
Each submission shall be contained in a sealed envelope addressed to: Purchasing Agent, Borough of
Middlesex, 1200 Mountain Ave., Middlesex, NJ 08846, and said envelope shall specify the appointment
Title/Professional Service for which the submission is provided. The submission is to be clearly marked
(indicating the category of the professional service) – “Sealed Submission Enclosed” (e.g., Borough
Auditor – sealed submission enclosed) and must be delivered at the place and time required or mailed so
as to be received prior to the opening time set in the advertisement. Submissions received after the hour
herein named or in unsealed envelopes shall not be considered. The original proposal shall be signed in
ink and marked to distinguish it from the one (1) copy. Faxed or emailed proposals will NOT be
accepted.
The 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.
Responses delivered before the submission date and time specified above may be withdrawn upon
written application of the respondent who shall be required to produce evidence showing that the
individual is or represents the principal or principals involved in the proposal. After the submission date
and time specified above, responses must remain firm for a period of sixty (60) days.
RFP – Professional Services 2026 – Borough of Middlesex
4
The submission shall be accompanied by: (1) Non-Collusion Affidavit, (2) Disclosure of Ownership
Form, (3) Insurance Requirement Acknowledgement Form, (4) Mandatory Equal Employment
Opportunity Notice Acknowledgement, (5) Copy of the applicable Business Registration Certificate, (6)
Professional Services Entity Information Form, (7) Qualifications Submission, (8) Disclosure of
Investment Activities in Iran and (9) Acknowledgement of Corrections, Additions or Deletions Form,
(10) Proposal Cost/Signature Form.
2.2 Borough Representative for this Solicitation
Questions by prospective respondents concerning this RFP may be addressed to Matthew Geist in
writing via email mgeist@middlesexpd.com. Please note the aforementioned contact is authorized only
to direct the attention of prospective respondents to various portions of the requirements so that they
may read and interpret each portion for themselves. NO employee of the Borough of Middlesex is
authorized to give interpretations of any portion of this RFP or to give information as to the
requirements for the RFP in addition to that already contained in the RFP unless as a formal addendum.
Interpretations of the RFP or additional information as to its requirements, when necessary, shall be
communicated to prospective respondents only by written addendum issued by the Purchasing Agent of
the Borough of Middlesex.
Please identify the contract name and note Request for Information as the subject line when submitting
a request by fax or email.
2.3 Interpretations and Addenda
Respondents are expected to examine the RFP with care and observe all its requirements. All questions
about the meaning or intent of this RFP, all interpretations and clarifications considered necessary by the
owner’s representative in response to such comments and questions will be issued by Addenda mailed or
delivered to all parties recorded as having received the RFP package. Only comments and questions
responded to by formal written Addenda will be binding. Oral interpretations, statements or
clarifications are without legal effect.
2.4 Quantities of Estimate
Wherever the estimated quantities of work to be done are shown in any section of this RFP, including
the Proposal Cost Form, they are given for use in comparing proposals. The owner especially reserves
the right (except as herein otherwise specifically limited) to increase or diminish the quantities as may
be deemed reasonably necessary or desirable by the owner to complete the work detailed in the contract.
Such increase or diminution shall in no way violate this contract, nor shall any such increase or
diminution give cause for claims or liability for damages.
2.5 Cost Liability and Additional Costs
The owner assumes no responsibility and liability for costs incurred by the respondents prior to the
issuance of an agreement. The liability of the owner shall be limited to the terms and conditions of the
contract.
Respondents will assume responsibility for all costs not stated in their proposals. All unit rates either
stated in the proposal or used as a basis for its pricing are required to be all-inclusive. Additional
charges, unless incurred for additional work performed by request of the owner as noted in 2.4, are not
to be billed and will not be paid.
RFP – Professional Services 2026 – Borough of Middlesex
5
2.6 Statutory and Other Requirements
2.6.1 Compliance with Laws
Any contract entered into between the contractor and the owner must be in accordance with and subject
to compliance by both parties with the New Jersey Local Public Contracts Law. The contractor must
agree to comply with the non-discrimination provisions and all other laws and regulations applicable to
the performance of services there under. The respondent shall sign and acknowledge such forms and
certificates as may be required by this section.
2.6.2 Mandatory EEO/Affirmative Action Compliance - N.J.S.A 10:5-31 et seq. and N.J.A.C 17:27
et seq.
No firm shall be issued a contract unless it complies with the EEO/Affirmative Action requirements of
P. L. 1975, C. 127 as identified in the documents attached hereto. The form shall be properly executed.
2.6.3 Americans with Disabilities Act of 1990 - 42 U.S.C. S121 01 et seq.
Discrimination on the basis of disability in contracting for the delivery of services is prohibited.
Respondents are required to read American with Disabilities language that is part of the documents
attached hereto and agree that the provisions of Title II of the Act are made part of the contract. The
contractor is obligated to comply with the Act and hold the owner harmless.
2.6.4 Statement of Corporate Ownership-Stockholder Disclosure - N.J.S.A. 52:25-24.2 (P.L. 1977
c.33)
In accordance with N.J.S.A. 52:25-24.2, no corporation, partnership, limited partnership, limited liability
corporation, limited liability partnership, Subchapter S corporation or sole proprietorship, shall be
awarded a contract, unless prior to the receipt of the RFP response/bid or accompanying the RFP
response/bid of the corporation, partnership, limited partnership, limited liability corporation, limited
liability partnership, Subchapter S corporation or sole proprietorship, there is submitted to the Borough a
statement setting forth the names and addresses of all stockholders who own 10% or more of the stock,
of any class or of all individual partners who own a 10% or greater interest in the corporation,
partnership, limited partnership, limited liability corporation, limited liability partnership, Subchapter S
corporation or sole proprietorship. If one or more such stockholder or partner is itself a corporation or
partnership, the stockholders holding 10% or more of that corporation’s stock, or the individual partners
owning 10% or greater interest in that partnership, as the case may be, shall also be listed. The
disclosure shall be continued until names and addresses of every non-corporate stockholder and
individual partner exceeding the 10% ownership criteria established in this act has been listed. The form
shall be signed and submitted with the RFP proposal/bid whether or not a stockholder or partner owns
less than 10% of the business submitting the RFP proposal/bid. Failure to comply requires mandatory
rejection of the RFP proposal/bid. The Respondent shall complete and submit the form of statement that
is included in this RFP.
2.6.5 Non-Collusion Affidavit - N.J.S.A. 52:34-15
The Non-Collusion Affidavit, which is part of this RFP, shall be properly executed and submitted with
the RFP response.
2.6.6 Proof of N.J. Business Registration Certificate N.J.S.A. 52:32-44
Each bidder (contractor) is required to submit proof of business registration prior to award of the
contract. Proof of registration shall be a copy of the bidder’s Business Registration Certificate (BRC).
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:
RFP – Professional Services 2026 – Borough of Middlesex
6
1. The contractor shall obtain and provide the owner with the BRC of subcontractors
knowingly used on this contract.
2. The contractor shall maintain and submit to the contracting agency a list of
subcontractors and their addresses that may be updated from time to time during the
course of the contract performance. A complete and accurate list shall be submitted
before final payment is made for goods and services rendered under the contract.
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 taxable sales of tangible personal
property delivered into the State.
Failure to submit the BRC with the proposal is NOT a cause for rejection. However, the Borough
prefers the BRC be submitted with the proposal. If it is not provided prior to execution of a contract the
bidder’s bid guarantee shall be forfeited and the contract shall be awarded to the next lowest responsible
bidder.
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 $25.00 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.
A BRC is obtained from the New Jersey Division of Revenue and Enterprise Services. Information on
obtaining a BRC is available on the internet at www.nj.gov/treasury/revenue/busregcert.shtml or by
phone at (609) 292-2929.
Emergency Purchases or Contracts
For purchases of an emergent nature, the contractor shall provide its Business Registration Certificate
within two weeks from the date of purchase or execution of the contract or prior to payment for goods or
services, whichever is earlier.
2.6.7 Pay to Play – Notice of Disclosure Requirement
Business entities are advised of their responsibility to file an annual disclosure statement of political
contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A.
19:44A-20.27 if they receive contracts in excess of $50,000 from public entities in a calendar year.
Business entities are responsible for determining if filing is necessary. Additional information on this
requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.
2.6.8 Assign, Sublet or Transfer Any Rights/Interests
Neither the owner nor the Contractor shall assign, sublet, or transfer any rights or interest in this
Agreement without the prior written consent of the other party. Unless specifically stated to the contrary,
in writing, prior to an assignment, no assignment will release or discharge the assignor from any duty or
responsibility under this Agreement. Nothing herein shall be construed to give any rights or benefits to
anyone other than the owner and the Contractor.
2.6.9 Insurance and Indemnification
If it becomes necessary for the contractor, either as principal or by agent or employee, to enter upon the
premises or property of the owner in order to construct, erect, inspect, make delivery or remove property
hereunder, the contractor hereby covenants and agrees to take use, provide and make all proper,
necessary and sufficient precautions, safeguards, and protection against the occurrence of happenings of
RFP – Professional Services 2026 – Borough of Middlesex
7
any accident, injuries, damages, or hurt to person or property during the course of the work herein
covered and be his/her sole responsibility.
The contractor shall maintain sufficient insurance to protect against all claims under Workers
Compensation, General Liability and Automobile and shall be subject to approval for adequacy of
protection and certificates of such insurance shall be provided.
Indemnification
The contractor agrees to indemnify and save harmless the owner, its officers, agents and employees,
hereinafter referred to as indemnitees, from all suits, including attorney’s fees and costs of litigation,
actions, loss damage, expense, cost of claims, of any character or on account of any act, claim or amount
arising or recovered under Worker’s Compensation law, or arising out of failure of the Contractor or
those acting under Contractor to conform to any statutes, ordinances, regulations, law or court decree. It
is the intent of the parties to this contract that the indemnities shall, in all instances, except for loss or
damage resulting from the sole negligence of the indemnitee, be indemnified against all liability, loss or
damage of any nature whatsoever.
Insurance Requirements:
Worker’s Compensation and Employer’s Liability Insurance
This insurance shall be maintained in full force during the life of this contract by the contractor covering
all employees engaged in performance of this contract pursuant to N.J.S.A. 34:15-12(a) and N.J.A.C.
12:235-1.6. Minimum Employer’s Liability $1,000,000.00.
General Liability Insurance
This insurance shall have limits of not less than $3,000,000.00 any one person and $3,000,000.00 any
one accident for bodily injury and $3,000,000.00 aggregate for property damage and shall be maintained
in force during the life of the contract.
Automobile Liability Insurance
This insurance covering contractor for claims arising from owned, hired and non-owned vehicles with
limits of not less than $3,000,000.00 any one person and $3,000,000.00 any one accident for bodily
injury and $3,000,000.00 each accident for property damage, shall be maintained in force during the life
of this contract by the contractor.
Professional Liability/Malpractice Insurance Policy (if applicable)
Coverage in the amount of $2,000,000.00/occurrence, $4,000,000.00 aggregate and assurance that each
such policy for each staff member remains full and in effect while providing services for owner.
The contractor shall provide the owner with a Certificate of Insurance naming the Borough of Middlesex
as additionally insured, evidencing the existence of required insurance prior to the commission of work.
Said insurance must include coverage for complete operations, contractual insurance and independent
contractor or subcontractor insurance, where and if applicable.
Errors and Omissions Insurance
A.
The contractor shall purchase and maintain during the entire period of this contract, errors
and omissions insurance that shall protect the contractor and the Borough from any and all
claims that may arise out of or result from the contractor’s performance of this contract.
Specifically, the errors and omissions insurance shall have limits of not less than
$2,000,000.00 dollars per occurrence and $4,000,000.00 dollars in the aggregate.
B.
Certificates of the Required Insurance
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Certificates as listed above shall be submitted along with the contract as evidence covering
Errors and Omissions insurance. Such coverage shall be with acceptable insurance
companies operating on an admitted basis in the State of New Jersey.
The contractor shall provide the Borough with a Certificate of Insurance naming the
Middlesex Borough, its employees, officers, and agents as additionally insured, and
evidencing the existence of required insurance prior to the commission of work.
Middlesex Borough will not accept Mutual Limitation of Liability terms.
2.6.10 Health Insurance Portability and Accountability Act of 1996 - HIPAA (If Applicable)
Both parties agree to comply with all requirements of the Federal Health Insurance Portability and
Accountability Act of 1996 (“HIPAA”) as maybe amended from time to time, and the corresponding
HIPAA regulations for the confidentiality and security of medical information.
The Contractor shall:
• Not use or disclose protected health information other than as permitted or required by law
• Use appropriate safeguards to protect the confidentiality of the information
• Report any use or disclosure not permitted
The contractor, by execution of the contract, shall thereby indemnify and hold the owner harmless from
any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the
failure of the contractor to comply with the requirements of the Health Insurance Portability and
Accountability Act (HIPAA) or any other statute or case law protecting the privacy of persons using its
services.
2.6.11 Proof of Licensure
Proof of licensure for providing Services in the State of New Jersey, for either the firm or the person
responsible for the work, shall be provided as required.
2.6.12 Certification of Prohibited Activities in Russia and Belarus & Investment Activities in Iran
Pursuant To P.L.2022,c.3
N.J.S.A. 52:32-55 et seq.; P.L. 2022, c. 3 prohibits the award, renewal, amendment, or extension of State
and local public contracts for goods or services with persons or entities engaging in prohibited activities
in Russia or Belarus. P.L. 2012, c.25 prohibits the award or renewal of State and local public contracts
for goods and services with persons or entities engaged in certain investment activities in the energy or
finance sectors of Iran. Before a goods and services contract can be entered into, vendors and contractors
must certify that neither they nor any parent entity, subsidiary, or affiliate is listed on the New Jersey
Department of the Treasury’s list of entities determined to be engaged in prohibited activities in Russia
or Belarus pursuant to P.L. 2022, c. 3 (“Russia-Belarus list”) or in Iran pursuant to P.L. 2012, c. 25
("Chapter 25 list").
2.7 Public Emergency
In the event of a Public Emergency declared at the Local, State or Federal Level, if the owner opts to
extend terms and conditions of this RFP, the contractor agrees to extend the terms and conditions of this
RFP, whether existing, expiring or expired no longer than six months, for goods and/or services for the
duration of the emergency. In the event the original contractor cannot meet this requirement, the owner
may solicit the goods and/or services from any bidder on this contract.
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2.8 Multiple Proposals Not Accepted
More than one proposal from an individual, a firm or partnership, a corporation or association under the
same or different names shall not be considered.
2.9 Failure to Enter Contract
Should the respondent to whom the contract is awarded, fail to enter into a contract within ten (10) days,
Sundays and holidays excepted, the owner may then, at its option, accept the proposal of another
respondent.
2.10 Commencement of Work
The contractor agrees to commence work after the date of award by the owner and upon notice from the
using department.
2.11 Time of Completion
It is hereby understood and mutually agreed, by and between the respondent and the owner, that the date
on which the work shall be substantially complete as specified in the RFP is an essential condition of
this contract. It is further mutually understood and agreed that the work and contract time embraced in
this Contract shall commence on the date specified and that the resulting contract shall be completed in
sequence and time frames identified by the owner.
The respondent agrees that said services shall be processed regularly, diligently, and uninterruptedly at
such rate of progress as will ensure full completion thereof within the time specified. It is expressly
understood and agreed, by and between the respondent and the owner, that the time of completion of the
services described herein is a reasonable time for the completion of it.
2.12 Termination of Contract
If, through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations under
the Contract or if the contractor violates any requirements of the Contract, the owner shall thereupon
have the right to terminate the Contract by giving written notice to the contractor of such termination at
least thirty (30) days prior to the proposed effective date of the termination. Such termination shall
relieve the owner of any obligation for the balances to the contractor of any sum or sums set forth in the
Contract.
The contractor agrees to indemnify and hold the owner 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 owner under this provision.
In case of default by the contractor, the owner may procure the articles or services from other sources
and hold the contractor responsible for any excess cost occasioned thereby.
2.13 Non-Allocation of Funding Termination
Each fiscal year payment obligation of the Owner is conditioned upon the availability of Owner funds
appropriated or allocated for the payment of such an obligation. If funds are not allocated and available
for the continuance of any services performed by the Contractor hereunder, whether in whole or in part,
the Owner at the end of any particular fiscal year may terminate such services. The Owner will notify
the Contractor in writing immediately of any services that will be affected by a shortage of appropriated
funds. This provision shall not be construed so as to permit the Owner to terminate this Agreement
during the term, or any service hereunder, merely in order to acquire identical services from a third-party
contractor.
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2.14 Force Majeure
Neither party shall be responsible for any resulting loss or obligation to fulfill duties as specified in any
of the terms or provisions of this Agreement if the fulfillment of any term or provision of this
Agreement is delayed or prevented by any revolutions, insurrections, riots, wars, acts of enemies,
national emergencies, strikes, floods, fires, acts of God, or by any cause not within the control of the
party whose performance is interfered with which by the exercise of reasonable diligence such party is
unable to prevent. Additionally, if the fulfillment of any of the terms and provisions of this Agreement
is delayed or prevented by any court order, or action or injunction or other such agreement, this
Agreement shall become voidable by the Borough of Middlesex by notice to each party.
2.15 The Owner and the Contractor each bind themselves and their successors, executors,
administrators, heirs and assigns and legal representatives of the other party respecting all covenants and
agreements and obligations of this contract.
2.16 The terms of this contract shall be construed and interpreted, and all respective rights and duties of
the parties shall be governed by the laws of the State of New Jersey.
2.17 Challenge of Specifications
Any respondent who wishes to challenge a specification shall file such challenge in writing with the
Purchasing Agent no less than three (3) business days prior to the opening of the RFP's.
Challenges filed after that time shall be considered void and having no impact on the owner or the award
of contract.
2.18 Payment
Invoices shall be submitted monthly and must specify, in detail, the period for which payment is
claimed, the services performed during the prescribed period, the amount claimed and correlation
between the services claimed, all backup documentation (mileage, time logs, receipts for expenses, etc.),
amount remaining in total balance, and the Proposal Cost Form.
The Borough of Middlesex will provide a sample Progress Report and Invoice for the Hired Consultant
to ensure compliance.
The owner may withhold all or partial payments on account of subsequently discovered evidence
including but not limited to the following:
1. Deliverables not complying with the project specification;
2. Claims filed or responsible evidence indicating probability of filing claims;
3. A reasonable doubt that the Contract can be completed for the balance then unpaid.
When the above grounds are removed, payment shall be made for amounts withheld because of them.
Invoices shall specify, in detail, the period for which payment is claimed, the services performed during
the prescribed period, the amount claimed and correlation between the services claimed and the Proposal
Cost Form.
2.19 Non-payment of Penalties and Interest on Overdue Bills
Public funds may be used to pay only for goods delivered or services rendered. The Borough of
Middlesex will not pay penalties and/or interest on overdue bills. No employee is authorized to sign a
letter of credit or any other document that represents a legal commitment on the part of the Borough to
pay additional fees.
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2.20 Ownership of Material
The owner shall retain all of its rights and interest in any and all documents and property both hard copy
and digital furnished by the owner to the contractor for the purpose of assisting the contractor in the
performance of this contract. All such items shall be returned immediately to the owner at the expiration
or termination of the contract or completion of any related services, pursuant thereto, whichever comes
first. None of the documents and/or property shall, without the written consent of the owner, be
disclosed to others or used by the contractor or permitted by the contractor to be used by their parties at
any time except in the performance of the resulting contract.
Ownership of all data, materials and documentation originated and prepared for the owner pursuant to
this contract shall belong exclusively to the owner. All data, reports, computerized information,
programs and materials related to this project shall be delivered to and become the property of the owner
upon completion of the project. The contractor shall not have the right to use, sell, or disclose the total of
the interim or final work products, or make available to third parties, without the prior written consent of
the owner.
Under state and federal statutes, certain government records are protected from public disclosure. The
Borough, the Contractor and any Subcontractors have a responsibility and an obligation to safeguard
from public access an employee's personal information with which it has been entrusted when disclosure
thereof would violate the employee's reasonable expectation of privacy. All payroll, personnel and
health insurance related files are confidential. Additionally, the Contractor and any Subcontractors may
be privy to sensitive law enforcement information or investigations during their review which must
remain confidential. The Borough reserves the right to make any public disclosure under the law. Also,
among government records deemed confidential are administrative or technical information regarding
computer hardware, software and networks that, if disclosed, would jeopardize computer security. The
Contractor and any Subcontractor(s) are prohibited from the sale or distribution of all supplied
information to any third party.
2.21 Source of Specifications/RFP Packages
Official Request for Proposal (RFP) packages for routine goods and services are available from
www.middesexboro-nj.gov at no cost to the prospective respondents. All addenda are posted on this
site. Potential respondents are cautioned that they are responding at their own risk if a third party
supplied the specifications that may or may not be complete. The Borough is not responsible for third
party supplied RFP documents.
2.22 Altering Official Document
Respondents shall not write in any margins or alter the official content of Borough’s RFP document.
2.23 RFP Preparation of Forms
RFPs must be signed in ink by the respondent; all quotations shall be made with a typewriter/computer
or pen and ink. Any quotation showing any erasure alteration must be initialed by the respondent in ink.
Unit prices and totals are to be inserted in spaces provided.
2.24 W-9
Successful bidder/respondent shall complete W-9 Form and submit to Finance prior to contract award.
The form is available at the following link: www.irs.gov/pub/irs-pdf/fw9.pdf
2.25 Resubmissions
In the case of Resubmissions for Bids or RFP’s, bidders are cautioned to use and submit only documents
of the current active bid. Prior bid documents, (original or any prior resubmission), are invalid as those
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opportunities no longer legally exist. Submission of any forms or documents from a prior bid or
resubmission shall be reason to find your bid for the current opportunity non-responsive.
3. SCOPE OF WORK (SOW)
The following is a description of the professional services needed, including where appropriate, a
description of tasks involved:
AUDITING SERVICES for the preparation of the annual audit and annual financial statements of the
Borough. The minimum threshold criteria that will be utilized for the evaluation of the responses shall
be as follows:
1) The auditor signing the opinion letter must be a certified public accountant and a registered
municipal accountant
2) Provide evidence of professional liability insurance
3) Experience in providing advice and recommendations in the review of capital project requests
and timing and issuing of debt instruments by public bodies
4) Experience in the budgeting process and preparation of audits and annual financial statements for
public entities for a minimum of five (5) years; and
5) Knowledge of the Borough and its operations
ENGINEERING SERVICES for the general operations of the Borough. The minimum threshold
criteria that will be utilized for the evaluation of the responses shall be as follows:
1) Licensed to provide engineering services in the State of New Jersey for a minimum of five (5)
years
2) Evidence of professional liability insurance
3) Provide evidence of professional liability insurance
4) Representation of government entities for a minimum of five (5) years
5) Experience in submitting Federal and State of New Jersey Grant Applications for various infra-
structure improvement projects
6) Experience in State of New Jersey Stormwater Management requirements, including preparation
of Stormwater Pollution Prevention Plan; and
7) Knowledge of the Borough and its operations
ENGINEERING SERVICES – ALTERNATE for the general operations of the Borough. The
minimum threshold criteria that will be utilized for the evaluation of the responses shall be as follows:
1) License to provide engineering services in the State of New Jersey for a minimum of five (5)
years
2) Evidence of professional liability insurance
3) Provide evidence of professional liability insurance
4) Representation of government entities for a minimum of five (5) years
5) Experience in submitting Federal and State of New Jersey Grant Applications for various infra-
structure improvement projects
6) Experience in State of New Jersey Stormwater Management requirements, including preparation
of Stormwater Pollution Prevention Plan; and
7) Knowledge of the Borough and its operations
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ENGINEERING SERVICES - LAND USE BOARD. The minimum threshold criteria that will be
utilized for the evaluation of responses shall be as follows:
1) Licensed to provide engineering services in the State of New Jersey for a minimum of five (5)
years
2) Evidence of professional liability insurance
3) Representation of government entities for a minimum of five (5) years
4) Experience in review of land use and site plan applications and all related reviews for a
minimum of five (5) years
5) Experience and knowledge of the laws and regulations controlling zoning, development and land
use
6) Experience and knowledge of DEP laws and regulations; and
7) Knowledge of the Borough Land Use Board and its applications
ENGINEERING SERVICES - ENVIRONMENTAL for the Borough of Middlesex. The minimum
threshold criteria that will be utilized for the evaluation of responses shall be as follows:
1) Licensed to provide environmental engineering services in the State of New Jersey for a
minimum of five (5) years
2) Evidence of professional liability insurance
3) Experience with environmental site assessment regulations of the New Jersey Department of
Environmental Protection and the United States Environmental Protection Agency including site
remediation and brownfield development
4) Experience with remediation procedures dealing with underground storage tanks and
surrounding facilities
5) Experience with all phases of landfill monitoring, including preparation and submission of all
documents as required by the State of New Jersey Department of Environmental Protection
6) Representation of government entities for a minimum of five (5) years; and
7) Knowledge of the Borough and its operations
LEGAL COUNSEL – BOND - The Borough requires legal services for the representation of the
Borough in issuing bonds and financing. The minimum threshold criteria that will be utilized for the
evaluation of the responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Representation of government entities in the field of public finance for a minimum of five (5)
years; and
4) Knowledge of the Borough and its operations
LEGAL COUNSEL – MUNICIPAL ATTORNEY - The Borough requires general legal counsel. The
minimum threshold criteria that will be utilized for the evaluation of the responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Experience in field of municipal law representing governmental entities including preparation of
ordinances and resolutions, tax appeals, property acquisitions, knowledge of rehabilitation laws
and tax abatement laws and condemnation proceedings for a minimum of five (5) years
4) Knowledge of the Borough and its operation
5) Draft or approve as to form and sufficiency all legal documents, contracts, deeds, ordinances and
resolutions made, executed or adopted by or on behalf of the Borough
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6) With appropriate approval, conduct appeals from orders, decisions or judgments affecting any
interest of the Borough as the Attorney may in his/her discretion determine to be necessary or
desirable, or as directed by Mayor and Council
7) Subject to the approval of Mayor and Council, have the power to enter into any agreement,
compromise or settlement of any litigation in which the Borough is involved
8) Render opinions in writing upon any question of law submitted to the Attorney by the Mayor,
Council, or any member thereof, or the head of any department, with respect to their official
powers and duties and shall perform such other duties as may be necessary to provide legal
counsel to the Mayor, Borough Council and Clerk in the administration of the municipal affairs
9) Supervise and direct the work of such additional attorneys and technical professional assistants
as the Council may authorize for special or regular employment in or for the Borough; and
10) Have such other different functions, powers and duties as may be provided by general law or
ordinance
LEGAL COUNSEL – CONFLICT MUNICIPAL ATTORNEY - The Borough requires general legal
counsel. The minimum threshold criteria that will be utilized for the evaluation of the responses shall be
as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Experience in field of municipal law representing governmental entities including preparation of
ordinances and resolutions, tax appeals, property acquisitions, knowledge of rehabilitation laws
and tax abatement laws and condemnation proceedings for a minimum of five (5) years
4) Knowledge of the Borough and its operation
5) Draft or approve as to form and sufficiency all legal documents, contracts, deeds, ordinances and
resolutions made, executed or adopted by or on behalf of the Borough
6) With appropriate approval, conduct appeals from orders, decisions or judgments affecting any
interest of the Borough as the Attorney may in his/her discretion determine to be necessary or
desirable, or as directed by Mayor and Council
7) Subject to the approval of Mayor and Council, have the power to enter into any agreement,
compromise or settlement of any litigation in which the Borough is involved
8) Render opinions in writing upon any question of law submitted to the Attorney by the Mayor,
Council, or any member thereof, or the head of any department, with respect to their official
powers and duties and shall perform such other duties as may be necessary to provide legal
counsel to the Mayor, Borough Council and Clerk in the administration of the municipal affairs
9) Supervise and direct the work of such additional attorneys and technical professional assistants
as the Council may authorize for special or regular employment in or for the Borough; and
10) Have such other different functions, powers and duties as may be provided by general law or
ordinance
LEGAL COUNSEL - LAND USE BOARD. The Borough requires general legal land use counsel. The
minimum threshold criteria that will be utilized for the evaluation of the responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Experience in the field of municipal law representing governmental entities including land use
and site plan for a minimum of five (5) years; and
4) Knowledge of the Borough Land Use Board and its operations
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LEGAL COUNSEL – TAX APPEALS - The Borough is seeking legal services for tax appeal
activities of the Borough. The minimum threshold criteria that will be utilized for the evaluation of the
responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Representation of governmental entities in the field of tax appeals, for a minimum of five (5)
years; and
4) Knowledge of the Borough and its operations
LEGAL COUNSEL – MUNICIPAL PROSECUTOR - The Borough requires legal services for the
position of prosecutor of the Middlesex Municipal Court. The minimum threshold criteria that will be
utilized for the evaluation of the responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Experience as a municipal prosecutor for a municipality for a minimum of five (5) years; and
4) Knowledge of the Borough Municipal Court and its operations
LEGAL COUNSEL – ALETRNATE MUNICIPAL PROSECUTOR - The Borough requires legal
services for the position of prosecutor of the Middlesex Municipal Court. The minimum threshold
criteria that will be utilized for the evaluation of the responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Experience as a municipal prosecutor for a municipality for a minimum of five (5) years; and
4) Knowledge of the Borough Municipal Court and its operations
LEGAL COUNSEL – LABOR - The Borough requires legal services for the representation of the
Borough regarding labor relations proceedings in which the Borough or any of its officers or agencies
may be a party or have an interest. The minimum threshold criteria that will be utilized for the
evaluation of the responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Knowledge of the Borough and its operations
4) Representation of governmental entities in the field of labor relations for a minimum of (5) years
5) Render opinions in writing upon any question submitted by the Mayor, Borough Clerk or
Administrator working in conjunction with aforesaid municipal officials relating to matters of
labor law and employee practices and policies, where required by the Borough
6) Draft or approve as to form and sufficiency all labor related legal documents and contracts,
executed or adopted by or on behalf of the Borough; and
7) With appropriate approval, conduct appeals from orders, decisions or judgments affecting any
labor interest of the Borough
LEGAL COUNSEL – REDEVELOPMENT - The Borough is seeking legal services for the
redevelopment activities of the Borough. The minimum threshold criteria that will be utilized for the
evaluation of the responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
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3) Representation of governmental entities in the field of redevelopment, with particular emphasis
on municipal improvement authorities, for a minimum of five (5) years; and
4) Knowledge of the Borough and its operations
LEGAL COUNSEL – CONFLICT REDEVELOPMENT - The Borough is seeking legal services for
the redevelopment activities of the Borough. The minimum threshold criteria that will be utilized for the
evaluation of the responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Representation of governmental entities in the field of redevelopment, with particular emphasis
on municipal improvement authorities, for a minimum of five (5) years; and
4) Knowledge of the Borough and its operations
LEGAL COUNSEL – ENVIRONMENTAL - The Borough requires environmental legal counsel. The
minimum threshold criteria that will be utilized for the evaluation of the responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Experience in field of municipal environmental law representing governmental entities for a
minimum of five (5) years
4) Knowledge of the Borough and its operation
5) Draft or approve as to form and sufficiency all legal documents and contracts made, executed or
adopted by or on behalf of the Borough
6) With appropriate approval, conduct appeals from orders, decisions or judgments affecting any
interest of the Borough as the Environmental Attorney may in his/her discretion determine to be
necessary or desirable, or as directed by Mayor and Council
7) Subject to the approval of Mayor and Council, have the power to enter into any agreement,
compromise or settlement of any litigation in which the Borough is involved
8) Render opinions in writing upon any question of environmental law submitted to the Attorney by
the Mayor or Council; and
9) Supervise and direct work of such additional attorneys and technical professional assistants as
the Council may authorize for special or regular employment in or for the Borough
LEGAL COUNSEL – BOARD OF HEALTH - The Borough requires Board of Health legal counsel.
The minimum threshold criteria that will be utilized for the evaluation of the responses shall be as
follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Experience in field of municipal law representing governmental entities including preparation of
ordinances and resolutions, knowledge of rehabilitation laws and tax abatement laws and
condemnation proceedings for a minimum of five (5) years
4) Knowledge of the Board of Health and its operation
5) Draft or approve as to form and sufficiency all legal documents, contracts, ordinances and
resolutions made, executed or adopted by or on behalf of the Board
6) Provide legal advice, research and assistance including office work, correspondence, telephone
calls on all normal and special matters which the Board may require to be addressed by the
attorney
7) Draft all legal documents as may be required by the Board
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8) Prepare and defend all litigation affecting the Board or any member of it which is the result of
decisions made on applications or in the normal performance of their official duties
9) Subject to the approval of the Board of Health, have the power to enter into any agreement,
compromise or settlement of any litigation in which the Board is involved
10) Attend meetings of the Board of Health upon request. There is currently a minimum of twelve
(12) meetings per year
11) Be available for telephone consultations with the Chairman of the Board, Secretary of the Board,
the Health Officer and/or any other agents/individuals designated by the Board
PROFESSIONAL PLANNER – BOROUGH - The Borough requires planning services for the
representation of the Borough. The minimum threshold criteria that will be utilized for the evaluation of
the responses shall be as follows:
1) Licensed as a professional planner by the State of New Jersey for a minimum of five (5) years
2) Experience in preparation of planning of municipal master plan and enacting ordinance
3) Experience in representing municipalities before the Council on Affordable Housing and
preparing housing element and fair share plan
4) Provide evidence of professional liability insurance
5) Representation of governmental entities in the field of planning for a minimum of five (5) years;
and
6) Knowledge of the Borough and its operations.
PROFESSIONAL PLANNER – LAND USE BOARD - The Borough requires planning services for
the representation of the Borough Land Use Board. The minimum threshold criteria that will be utilized
for the evaluation of the responses shall be as follows:
1) Licensed as a professional planner by the State of New Jersey for a minimum of five (5) years
2) Experience in preparation of planning of municipal master plan and enacting ordinances
3) Experience in representing municipalities before the Council on Affordable Housing and
preparing housing element and fair share plan
4) Representation of governmental entities in the field of planning for a minimum of five (5) years
5) Knowledge of the Borough and its operations
6) Experience with state criteria for granting of variances and zoning requirements
7) Provide evidence of professional liability insurance
8) Familiar with development and site plan reviews; and
9) Knowledge of the Borough and its operations
SEWAGE COLLECTION SYSTEM OPERATOR – C-4 OPERATOR - The Borough requires
services of a Licensed Sewage Collection System Operator for the sewage collection services in the
Borough. The minimum threshold criteria that will be utilized for the evaluation of the responses shall
be as follows:
1) Licensed as a professional C-4 License Operator by the State of New Jersey for a minimum of
five (5) years
2) Evidence of professional liability insurance
3) Representation of governmental entities in the field of sewage collection, with particular
emphasis on municipal authorities, for a minimum of five (5) years
4) Knowledge of the Borough and its operations
5) Experience with NJDEP interaction with regards to municipal systems
6) Experience with requirements and submittal of reports submitted to the MCUA on the systems
operations; and
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7) Experience reviewing the data on sewage quality and quantity, and the quarterly charges from
the MCUA and qualified to propose recommended improvements to the collection system and
pumping station to improve operations and reduce infiltration and inflow.
PUBLIC DEFENDER – The Public Defender shall be a licensed Attorney at Law of New Jersey and
shall provide all necessary and desirable legal counsel and advise to those Municipal Court Defendants
who are financially qualified to receive the services of the Public Defender. The Public Defender shall
handle his duties as directed by the Borough Attorney.
ALTERNATE PUBLIC DEFENDER - The Alternate Public Defender shall be a licensed Attorney at
Law of New Jersey and shall provide all necessary and desirable legal counsel and advice to case related
to 2 other co-defendants already assigned to Public Defenders. The Alternate Public Defender shall
handle his duties as directed by the Municipal Court Judge. Public Defenders court dates are only
scheduled twice a month, usually the first and last Monday of each month.
RISK MANAGEMENT CONSULTANT - The Borough requires a Risk Management Consultant. The
minimum threshold criteria that will be utilized for the evaluation of the responses shall be as follows:
1) Assisting the Borough in identifying its insurable property and casualty exposures and
recommend professional methods to reduce, assume or transfer risk or loss
2) Reviewing with the Borough any additional coverages that should be carried but are not
available from the Middlesex County Joint Insurance Fund (FUND); and, subject to the
Borough’s authorization, place such coverages outside the FUND
3) Reviewing existing insurance coverage levels and advise whether or not those coverage levels
are appropriate
4) Reviewing Certificates of Insurance from contractors, vendors and professionals when requested
by the Borough
5) Marketing the Borough’s insurance needs with the current FUND, other Joint Insurance Funds,
private insurance companies or other venues to obtain the best possible coverage for the lowest
possible cost
6) Assisting where needed in the settlement of claims. The consultant would not be responsible for
work normally done by a public adjuster
7) Attending any meetings that the Borough deems necessary
8) Reviewing the Borough’s assessment as prepared by the FUND and assist the Borough in the
preparation of its annual insurance budget
9) Following up with the FUND for timely issuance of Policies and Endorsement and reviewing
same for accuracy and conformity to specifications
10) Assisting the Borough in the preparation of applications, statements of values, and similar
documents requested by the FUND
11) Reviewing the loss and engineering reports and generally assist the Borough’s Safety
Committee in its loss containment objectives. Attend and participate on the Safety Committee to
promote the safety objectives and goals of the Borough and FUND; and
12) Performing any other risk management related services required by the Borough or FUND’s
bylaws.
GRANT WRITER – The Borough requires a Grant Writer. The minimum threshold criteria that will be
utilized for the evaluation of the responses shall be as follows:
1) Research and identify potential funding sources, public grants, private foundation grants and
possible local and corporate sponsorships. Research shall include a presentation of all grant
RFP – Professional Services 2026 – Borough of Middlesex
19
requirements and criteria; matching fund requirements; reporting requirements and terms and
conditions of potential grant opportunities.
2) Track county, State and Federal funding opportunities pertinent to the Borough’s objectives.
3) Conduct and facilitate an annual onsite needs assessment and review and develop a plan(s) to
identify funding sources for Borough’s objectives for the year. Coordinate with all Borough
departments to determine if current or planned activities may be eligible for grants.
4) Conduct and prepare responses to all grant proposals, on behalf of various Borough departments,
including narratives and other writing services, statistical gathering, letters of support, budgets,
and final submissions.
5) Prepare written summaries of all grant reporting requirements, criteria, obligations, matching
find requirements, terms and conditions, deadlines, and evaluation criteria prior to submission.
6) Advise Borough, based on the grant management requirement of each proposal, whether the
grant amount is equitable to the require grant management.
7) Oversight of any administrative services necessary to meet grant requirements, including but not
limited to ongoing reporting requirements and associated coordination with municipal staff.
8) Preparations and review of grant reports and applications as requested by Borough.
9) Coordination with municipal staff to obtain relevant technical details and information required to
generate subject-specific grant content accurately and effectively.
10) Prepare and electronically submit monthly status tracking reports.
RFP – Professional Services 2026 – Borough of Middlesex
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BOROUGH OF MIDDLESEX
EXCEPTIONS
For each exception, the bidder must identify the specific section of specifications by providing the number and
title the exception applies to. It is the responsibility of the bidder to document the equivalence claim in writing.
Submitting product brochures is not an acceptable claim of equivalence.
(IF NONE SO STATE)
USE ADDITIONAL SHEET IF NECESSARY
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4.
Proposal Requirements
4.1 Qualification Statement
A statement is to be provided by the respondent who will serve as the primary contractor. The statement
shall set forth brief details of the firm's principal activities, the number of personnel in the firm and the
firm's location. Please provide a list of (3) three clients for whom similar services have been provided.
Include the following in your response:
1. Name of government agency.
2. Contact person’s name, position, and current telephone number.
3. Dates, cost and scope of service.
4. Status and comments
4.2 Key Personnel Information
The respondent shall provide the identity and the professional credentials of the principals and other key
personnel either working for the contractor and their areas of responsibilities.
4.3 Subcontractors
Respondents may engage the services of subcontractors for completion of this project. If their proposal
involves any subcontractors, full details on the nature of the work to be performed by them and the location
in which the work is to be performed must be provided. The respondent understands that if selected, the
owner prior to initiating any subcontracted work, must approve the use of subcontractors in writing.
4.4 Proposal Forms
The following forms are contained in the attachments. All forms are required and shall be completed and
made part of the proposal submitted.
1. Proposal Cost/Signature Form
2. Qualifications Submission Form
3. Non-Collusion Affidavit
4. Stockholder Disclosure
5. Insurance Requirement Acknowledgement Form
6. Affirmative Action Statement
7. Professional Service Entity Information Form
8. Acknowledgement of Receipt of Addenda
9. Certification of Prohibited Activities in Russia and Belarus & Investment Activities in Iran
Pursuant to P.L.2022,c.3
4.5 Location of Servicing Office
The proposal must list the location and address of the present, active office that will service and manage
this contract.
5.
Evaluation, Review and Selection Process
5.1 Proposals to Remain Subject to Acceptance
RFP responses shall remain open for a period of sixty (60) calendar days from the stated submittal. The
owner will either award the Contract within the applicable time period or reject all proposals.
RFP – Professional Services 2026 – Borough of Middlesex
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The owner may extend the decision to award or reject all proposals beyond the sixty (60) calendar days
when the proposals of any respondents who consent thereto may, at the request of the owner, be held for
consideration for such longer period as may be agreed.
5.2 Rejection of Proposals
The owner reserves the right to reject any or all proposals, or to reject any proposals if the evidence
submitted by, or investigation of such respondent fails to satisfy the owner that such respondent is properly
qualified to carry out the obligations of the RFP and to complete the work contemplated therein. The
owner reserves the right to waive any minor informality or reject any/or all submissions in accordance
with the Fair & Open Public Solicitation Process for professional services(s) pursuant to P.L. 2004, c.19
(N.J.S.A. 19:44A-20.4 et seq.) in the RFP.
5.3 Evaluation Process
An evaluation team will review all proposals to determine if they satisfy the Proposal Requirements,
determine if a proposal should be rejected and evaluate the proposals based upon the Evaluation Criteria.
The highest-ranking respondent will then be recommended to the governing body for award of contract,
based on most advantageous price and other factors. The Borough reserves the right to reach out to the
respondents to get clarification on Proposals on specific items if necessary, during the deliberation
process.
Evaluation Team – RFP respondents are prohibited from contacting any member of the evaluation team
directly without a formal invitation. If it is found that a respondent has attempted to discuss their proposal
with a team member without an invite, then their proposal may be deemed unresponsive. All questions
during the evaluation period shall be directed to the Purchasing Agent.
5.4 Evaluation Criteria
The criteria considered in the evaluation of each proposal follows. The arrangement of the criteria is not
meant to imply order of importance in the selection process. All criteria will be used to select the
successful respondent.
This will be based on the quality of the content of the RFP and the respondent's ability to communicate a
thorough understanding of the required tasks and the approach to meet the scope of work outlined in the
RFP. The proposals will be evaluated for general compliance with instructions and requests issued in the
RFP. Non-compliance with significant instructions will be grounds for disqualification of proposals.
5.4.1 Understanding of the Requested Work
The proposals will be evaluated for general compliance with instructions and requests issued in the RFP.
Non-compliance with significant instructions shall be grounds for disqualification of proposals.
5.4.2 Knowledge and Technical Competence
This includes the ability of the respondent to perform all of the tasks and fulfill adequately the stated
requirements.
5.4.3 Management, Experience and Personnel Qualifications
Expertise of the firm shall be demonstrated by past contract successes providing government agencies
with similar services. The respondent will be evaluated on knowledge, experience, prior collaboration
and successful completion of projects/services similar to that requested in this RFP.
In addition to relevant experience, respondents shall provide personnel qualifications in the Proposal.
(See 4.1 and 4.2).
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5.4.4 Ability to Complete the Project/Services in a Timely Manner
This is based on the estimated duration of the tasks and the respondent’s ability to accomplish these tasks
as stated.
5.4.5 Cost
Price shall be based on amount stated on the proposal cost form. Total overall costs to complete the project,
the cost of maintenance, training, etc., or price shall be based on hourly rates and schedules of fees
submitted with the proposal. Any services not included as part of any resulting contract scope of services
must be approved and authorized by the owner before such work is initiated. The owner shall pay for such
approved services, at the rate or cost agreed upon between the owner and contractor, provided the
respondent has provided a schedule of fees for additional services with this RFP.
5.5 Term of the contract
The term of this contract is January 1, 2026 – December 31, 2026. (Options to extend may be exercised
by mutual agreement in accordance with terms of N.J.S.A. 40A:11-4.1 et seq.)
5.6 Notice of Award
The successful respondent will be notified of the award of contract upon a favorable decision by the
governing body.
RFP – Professional Services 2026 – Borough of Middlesex
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BOROUGH OF MIDDLESEX
PROFESSIONAL SERVICES - 2026
CHECKLIST
PROFESSIONAL SERVICE TITLE: _________________________________________________
Please fill in the appropriate title in the space above.
SUBMISSION DATE: Thursday, December 18, 2025 at 11:00 AM
The following items, as indicated below (X), shall be provided with the receipt of sealed submissions:
1. Non-Collusion Affidavit …………………………….……………………………… ___X____
2. Stockholder Disclosure Certification ……………………………………….…………. ___X____
3. Insurance Requirement Acknowledgement Form …………..……….……………… ___X____
4. Mandatory Equal Employment Opportunity Notice Acknowledgement ………………___X____
5. Copy of your Business Registration Certificate as issued by the State of
New Jersey, Department of Treasury, Division of Revenue ...……………………….. ___X____
6. Professional Service Entity Information Form ……………………….………………. ___X____
7. Qualifications Submission Form…….………………………………………….……… ___X____
8. Certification of Prohibited Activities In Russia and Belarus & Investment Activities
In Iran Pursuant To P.L.2022,c.3………………………………………………..………. ___X____
9. Acknowledgement of Corrections, Additions or Deletions Form ………………….
___X____
10. Proposal Cost/Signature Form ………………………………..……………..…………..___X____
Reminder
Please submit one (1) original and one (1) additional set of the sealed submission.
Each submission shall be contained in a sealed envelope addressed to: Purchasing Agent,
Borough of Middlesex, 1200 Mountain Ave., Middlesex, NJ 08846 or in the preprinted
envelope supplied with the submission package when available and said envelope shall specify
the Appointment Title/Professional Service for which the submission is provided.
The submission is to be clearly marked (indicating the category of the professional service) –
“Sealed Submission Enclosed” (e.g. Borough Auditor – sealed submission enclosed) and must
be delivered at the place and time required or mailed so as to be received prior to the opening
time set in the advertisement.
Submissions received after the hour herein named or in unsealed envelopes shall not be
considered.
RFP – Professional Services 2026 – Borough of Middlesex
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BOROUGH OF MIDDLESEX
BID PROPOSAL FORM/SIGNATURE PAGE
PROFESSIONAL SERVICES - 2026
TO THE BOROUGH OF MIDDLESEX:
The undersigned declares that he/she has read the Notice, Instructions, Affidavits and Scope of
Services attached, that he/she has determined the conditions affecting the bid and agrees, if this bid
is accepted, to furnish and deliver services per the following:
PROFESSIONAL SERVICES
FEE SCHEDULE SUBMITTED Yes No
(Corporation)
The undersigned is a (Partnership) under the laws of the State of __________________________ having its
(Individual)
Principal office at
Company
Federal I.D. # or Social Security #
Address
Signature of Authorized Agent
Type or Print Name
Title of Authorized Agent
Date
Telephone Number
Email Address
Fax Number
RFP – Professional Services 2026 – Borough of Middlesex
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BOROUGH OF MIDDLESEX
QUALIFICATIONS SUBMISSION FORM
1.
Names and roles of the individuals who will perform the services and description of their
education and experience with projects similar to the services contained herein including
their education, degrees and certifications:
2.
References and record of success of same or similar service:
3.
Description of ability to provide the services in a timely fashion (including staffing,
familiarity and location of key staff):
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4. Cost details, including the hourly rates of each of the individuals who will perform
services, including their title, level of expertise and years of experience, and all expenses:
Firm __________________________________________ Date: _________________________
Authorized Representative (Print):___________________________________________________
Signature: ________________________ Title:________________________________________
Telephone #: _____________________ Fax #: ______________________________________
RFP – Professional Services 2026 – Borough of Middlesex
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BOROUGH OF MIDDLESEX
PROFESSIONAL SERVICE ENTITY INFORMATION FORM
If the Professional Service Entity is an INDIVIDUAL, sign name and give the following information:
Name:______________________________________________________________________________________________
Address:_____________________________________________________________________________________________
Telephone No.: ____________________Social Security No.:___________________________________________________
Fax No.: _______________________ E-Mail: _____________________________________________________________
If individual has a TRADE NAME, give such trade name:
Trading As: _________________________________ Telephone No.: ___________________________________________
****************************************************************************************************
If the Professional Service Entity is a PARTNERSHIP, give the following information:
Name of
Partners:_____________________________________________________________________________________________
Firm
Name:_______________________________________________________________________________________________
Address:_____________________________________________________________________________________________
Telephone No.: ____________________________ Federal I.D. No.:_____________________________________________
Fax No.: ______________________ E-Mail:_______________________________________________________________
Social Security No.:___________________________________________________________________________________
Signature of authorized agent:____________________________________________________________________________
****************************************************************************************************
If the Professional Service Entity is INCORPORATED, give the following information:
State under whose laws incorporated:_____________________________________________________________________
Location of principal office:_____________________________________________________________________________
Telephone No.: ____________________ Federal I.D. No.: ____________________________________________________
Fax No.: _______________________ E-Mail:_______________________________________________________________
Name of agent in charge of said office upon whom notice may be legally served:
____________________________________________________________________________________________________
Telephone No.: ___________________Name of Corporation: __________________________________________________
Signature: By: __________________________________________________________
Title: Address: ______________________________________________________________
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BOROUGH OF MIDDLESEX
OWNERSHIP STATEMENT - STOCKHOLDER DISCLOSURE FORM
LEGAL NAME OF BIDDER: ___________________________________________________________
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
Other, Please List __________________________________
List the names and addresses of all stockholders who own ten (10%) percent or more of the above company’s stock, and if
there are NO STOCKHOLDERS OF 10% OR MORE, simply check the second box below. If one or more such
stockholders or partner is itself a corporation or partnership, the stockholders holding 10% or more of that corporation's stock,
or the individual partners owning 10% of that corporation's stock, or the individual partners owning 10% or greater interest
in that partnership, as the case may be, must also be listed.
The disclosure shall be continued until names and addresses of every person who is a non-corporate stockholder,
or individual partner, exceeding the 10% ownership criteria established in this act, has been listed, in full
compliance with Chapter 33 of the New Jersey Public Laws of 1977.
BIDDERS/RESPONDENTS MUST CHECK THE APPROPRIATE BOX:
I certify that the list below contains the names and addresses of all stockholders holding 10% or more of the issued
and outstanding stock of the undersigned.
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned.
Publicly Traded - For publicly traded entities to comply with N.J.S.A. 52:25-24.2 they may submit the name and address of
each publicly traded entity, and the name and address of each person holding 10% or more beneficial interest in the publicly
traded entity as of the last annual filling with the Security Exchange Commission (SEC), or foreign equivalent
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing, or foreign equivalent:
____________________________________________________________________________________________
The requested information is available on the following page number(s) of the SEC, or foreign equivalent, filing:
____________________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
(Note: Attach additional pages if necessary)
________________________________________________________________
______________
(Respondent/Respondent Authorized Signature)
(Date)
___________________________________________
______________________________________
(Print name of authorized signatory)
(Title)
RFP – Professional Services 2026 – Borough of Middlesex
30
BOROUGH OF MIDDLESEX
NON-COLLUSION AFFIDAVIT
State of _____________
County of _____________
ss:
I, _____________________________ of the City of _______________________________
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 bidder making this Proposal for the above named project, and that I executed the said proposal
with full authority so to do; that said bidder has not, directly or indirectly entered into any agreement,
participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding
in connection with the above named project; and that all statements contained in said proposal and
in this affidavit are true and correct, and made with full knowledge that the Borough of Middlesex
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_________________________________.
(Name of Contractor)
(N.J.S.A. 52:34-15)
Subscribed and sworn to
Before me this _______day
Of ___________, _______.
Signature
(Type or print name of affiant under signature)
_______________________________________
Notary public of
My Commission expires ___________________.
RFP – Professional Services 2026 – Borough of Middlesex
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BOROUGH OF MIDDLESEX
INSURANCE REQUIREMENTS AND ACKNOWLEDGEMENT FORM
Certificate(s) of Insurance shall be filed with the Borough Clerk’s Office upon award of
contract by the Mayor and Borough Council.
The minimum amount of insurance to be carried by the Professional Service Entity shall
be as follows:
PROFESSIONAL LIABILITY INSURANCE
Limits shall be a minimum of $2,000,000.00 for each claim and $4,000,000.00 aggregate
each policy period.
Acknowledgement of Insurance Requirement:
________________________________________________________________
(Signature)
(Date)
________________________________________________________________
(Printed Name and Title)
RFP – Professional Services 2026 – Borough of Middlesex
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EXHIBIT A
EEO/AFFIRMATIVE ACTION COMPLIANCE NOTICE
N.J.S.A. 10:5-31 and N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance
to the Borough and Division of Public Contracts Equal Employment Opportunity Compliance. During
a review, Division representatives will review the Borough files to determine whether the affirmative
action evidence has been submitted by the vendor/contractor. Specifically, each vendor/contractor
shall submit to the Borough, prior to execution of the contract, one of the following documents:
Goods and General Service Vendors
1. Letter of Federal Approval indicating that the vendor is under an existing federally approved or
sanctioned affirmative action program. A copy of the approval letter is to be provided by the
vendor to the Borough and the Division. This approval letter is valid for one year from the date
of issuance.
Do you have a federally-approved or sanctioned EEO/AA program?
Yes
No
If yes, please submit a photo static copy of such approval.
2. A Certificate of Employee Information Report (hereafter “Certificate”), issued in accordance with
N.J.A.C. 17:27-1.1 et seq. The vendor must provide a copy of the Certificate to the Borough as
evidence of its compliance with the regulations. The Certificate represents the review and
approval of the vendor’s Employee Information Report, Form AA-302 by the Division. The period
of validity of the Certificate is indicated on its face. Certificates must be renewed prior to their
expiration date in order to remain valid.
Do you have a State Certificate of Employee Information Report Approval?
Yes
No
If yes, please submit a photo static copy of such approval.
3. The successful vendor shall complete an Initial Employee Report, Form AA-302 and submit it to
the Division with $150.00 Fee and forward a copy of the Form to the Borough. Upon submission
and review by the Division, this report shall constitute evidence of compliance with the
regulations. Prior to execution of the contract, the EEO/AA evidence must be submitted.
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on
the Division website www.state.nj.us/treasury/contract_compliance.
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal
Employment Opportunity Compliance, with a copy to Public Agency.
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 and N.J.A.C. 17:27 and agrees to furnish the required forms of
evidence.
The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27.
COMPANY: ______________________________ SIGNATURE: ____________________________
PRINT NAME:___________________________ TITLE: __________________________________
DATE: __________________
RFP – Professional Services 2026 – Borough of Middlesex
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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 Borough employment goals established
in accordance with N.J.A.C. l7:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited
to, employment agencies, placement bureaus, colleges, universities, 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 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 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 www.state.nj.us/treasury/contract_compliance).
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.
RFP – Professional Services 2026 – Borough of Middlesex
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SAMPLE CERTIFICATE OF EMPLOYEE INFORMATION REPORT
RFP – Professional Services 2026 – Borough of Middlesex
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BOROUGH OF MIDDLESEX
AMERICANS WITH DISABILITIES ACT OF 1990
Equal Opportunity for Individuals with Disability
The Contractor and the Owner, do hereby agree that the provisions of Title 11 of the Americans With
Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 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 owner 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 owner in any action or administrative proceeding commenced pursuant to this Act. The contractor
shall indemnify, protect, and save harmless the 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 owner’s grievance procedure, the contractor agrees
to abide by any decision of the owner which is rendered pursuant to said grievance procedure. If any
action or administrative proceeding results in an award of damages against the owner, or if the 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 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 owner or any of its agents, servants, and
employees, the owner shall expeditiously forward or have forwarded to the contractor every demand,
complaint, notice, summons, pleading, or other process received by the owner or its representatives.
It is expressly agreed and understood that any approval by the 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 owner pursuant to this
paragraph.
It is further agreed and understood that the 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 owner from taking any other actions available to it
under any other provisions of the Agreement or otherwise at law.
RFP – Professional Services 2026 – Borough of Middlesex
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BOROUGH OF MIDDLESEX
THESE ARE SAMPLES OF THE ONLY ACCEPTABLE
BUSINESS REGISTRATION CERTIFICATES
PREFER SUBMITTED WITH BID RESPONSE
REQUIRED BY LAW PRIOR TO AWARD OF CONTRACT
RFP – Professional Services 2026 – Borough of Middlesex
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CERTIFICATION OF NON‐INVOLVEMENT IN
PROHIBITED ACTIVITIES IN RUSSIA OR BELARUS
Pursuant to N.J.S.A. 52:32-60.1, et seq. (L. 2022, c. 3) any person or entity (hereinafter “Vendori”) that seeks to
enter into or renew a contract with a State agency for the provision of goods or services, or the purchase of bonds
or other obligations, must complete the certification below indicating whether or not the Vendor is identified on the
Office of Foreign Assets Control (OFAC) Specially Designed Nationals and Blocked Persons list, available here:
https://sanctionssearch.ofac.treas.gov/. If the Department of the Treasury finds that a Vendor has made a
certification in violation of the law, it shall take any action as may be appropriate and provided by law, rule or
contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the
party in default and seeking debarment or suspension of the party.
I, the undersigned, certify that I have read the definition of “Vendor” below, and have reviewed the Office of Foreign
Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, and having done so certify:
(Check the Appropriate Box)
A. That the Vendor is not identified on the OFAC Specially Designated Nationals and Blocked Persons list
on account of activity related to Russia and/or Belarus.
OR
B. That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially
Designated Nationals and Blocked Persons list on account of activity related to Russia and/or Belarus.
OR
C. That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially
Designated Nationals and Blocked Persons list. However, the Vendor is engaged in activity related to
Russia and/or Belarus consistent with federal law, regulation, license or exemption. A detailed description
of how the Vendor’s activity related to Russia and/or Belarus is consistent with federal law is set forth
below.
Signature of Vendor’s Authorized Representative
Date
Print Name and Title of Vendor’s Authorized Representative
Vendor Name
Vendor Phone Number
Vendor Address (Street Address)
Vendor Fax Number
Vendor Address (City/State/Zip Code)
Vendor Email Address for Authorized Representative
______________________________________________
i Vendor means: (1) A natural person, corporation, company, limited partnership, limited liability partnership, limited liability company,
business association, sole proprietorship, joint venture, partnership, society, trust, or any other nongovernmental entity, organization, or
group; (2) Any governmental entity or instrumentality of a government, including a multilateral development institution, as defined in
Section 1701(c)(3) of the International Financial Institutions Act, 22 U.S.C. 262r(c)(3); or (3) Any parent, successor, subunit, direct or
indirect subsidiary, or any entity under common ownership or control with, any entity described in paragraph (1) or (2).
NJ Rev. 1.22.2024
(Attach Additional Sheets If Necessary.)
RFP – Professional Services 2026 – Borough of Middlesex
38
Disclosure of Investment Activities in Iran
Person or Entity
Part 1: Certification
COMPLETE PART 1 BY CHECKING EITHER BOX.
Pursuant to Public Law 2012, c. 25, any person or entity that is a successful bidder or proposer, or otherwise
proposes to enter into or renew a contract, must complete the certification below to attest, under penalty of
perjury, that neither the person or entity, nor any parent entity, subsidiary, or affiliate is identified on the
State Department of Treasury's Chapter 25 list as a person or entity engaging in investment activities in Iran.
The list is found on Treasury’s website at www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf.
The Chapter 25 list must be reviewed prior to completing the below certification. If a vendor or contractor
is found to be in violation of law, action may be taken as appropriate and as may provided by law, rule or
contract, including but not limited to imposing sanctions, seeking compliance, recovering damages,
declaring the party in default and seeking debarment or suspension of the party.
I certify, pursuant to Public Law 2012, c. 25, that neither the person or entity listed
above, nor any parent entity, subsidiary, or affiliate thereof is listed on the N.J.
Department of the Treasury’s list of entities determined to be engaged in prohibited
activities in Iran pursuant to P.L. 2012, c. 25 ("Chapter 25 List"). I further certify
that I am the person listed above, or I am an officer or representative of the entity
listed above and am authorized to make this certification on its behalf. I will skip
Part 2 and sign and complete the Certification below.
OR
I am unable to certify as above because the person or entity and/or a parent entity,
subsidiary, or affiliate thereof is listed on the N.J. Department of the Treasury’s
Chapter 25 list. I will provide a detailed, accurate and precise description of the
activities in Part 2 below sign and complete the Certification below.
RFP – Professional Services 2026 – Borough of Middlesex
39
Part 2: Additional Information
PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN.
You must provide a detailed, accurate and precise description of the activities of the person or entity, or a
parent entity, subsidiary, or affiliate thereof engaging in investment activates in Iran below and, if more
space is needed, on additional sheets provided by you.
Part 3: Certification of True and Complete Information
I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any
attachments there to the best of my knowledge are true and complete. I attest that I am authorized to
execute this certification on behalf of the above-referenced person or entity.
I acknowledge that the Name of Contracting Unit is relying on the information contained herein
and thereby acknowledge that I am under a continuing obligation from the date of this certification
through the completion of any contracts with the Reference to Contracting Unit to notify the Reference
to Contracting Unit in writing of any changes to the answers of information contained herein.
I acknowledge that I am aware that it is a criminal offense to make a false statement or
misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal prosecution
under the law and that it will also constitute a material breach of my agreement(s) with the Name of
Contracting Unit and that the Reference to Contracting Unit at its option may declare any contract(s)
resulting from this certification void and unenforceable.
Full Name
(Print)
Title
Signature
Date
RFP – Professional Services 2026 – Borough of Middlesex
40
BOROUGH OF MIDDLESEX
ACKNOWLEDGMENT OF RECEIPT OF ADDENDA
The undersigned Bidder hereby acknowledges receipt of the following Addenda:
ADDENDUM
NUMBER
DATE
ACKNOWLEDGE RECEIPT
(Initial)
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
No Addenda were received:
Acknowledged for:
(Name of Bidder)
By:
(Signature of Authorized Representative)
Name:
(Print or Type)
Title:
Date:
RFP – Professional Services 2026 – Borough of Middlesex
41
EXHIBIT A
EVALUATION SHEET
BOROUGH OF
MIDDLESEX
EVALUATORS NAME
Write NA if
category
COMPANY NAME
does not apply.
Understanding the Requested Work
10 Points
Category
0 Points
1 - 2 Points
3 - 4 Points
Points Given
Demonstrates clear
Does not demonstrate clear
Proposal points are
Proposal is clear, readable
understanding
understanding
adequately defined
and precise
0 Points
1 - 2 Points
3 Points
Completeness and
Does not address major
Proposal absent some non-
Proposal complete and
responsiveness to RFP
requirements
critical points
responsive
Compliance with
Does not comply
Complies substantially
Complies with all
instructions and requests
instructions and requests
Knowledge and Professional Compliance
25 Points
Category
0 - 2 Points
3 - 4 Points
5 - 6 Points
Points Given
Education and training of
Minimal training, no formal
Some prior experience, some
High level of education and
employees, suitability to
education, new performer
training and documented
training, well proven
perform the required tasks
performance
performance
0 Points
1 - 2 Points
3 - 7 Points
Does respondent have the
Not adequately documented
Proposal uses some current
Well documented use of the
character, integrity,
technology
latest technologies
reputation, judgment,
experience & efficiency
required by the Professional
0 Points
1 - 2 Points
3 - 4 Points
QA/QC Process
Not adequately documented
QA/QC documented, but
QA/QC documented with
with little oversight
significant oversight
0 Points
1 - 3 Points
4 - 8 Points
Primary Professional vs.
More than one Sub-
Only one Sub-Professional
Primary Professional will do
subcontracted resources
Professional
providing 50% of resources
entire project
depending on nature of sub
to be used
and percentage of project
Ability to Perform Services in a Timely Manner
15 Points
Category
0 Points
1 - 2 Points
3 - 4 Points
Points Given
Scheduling Timeline
Cannot meet schedule
Meets most of schedule
Meets entire schedule
0 - 1 Points
2 - 3 Points
4 - 6 Points
Personnel & Resources
May not be sufficient
Sufficient for project
Dedicated resources
0 - 2 Points
3 - 4 Points
5 Points
Primary Professional
Primary Professional has not
Primary Professional has
No Sub-Professional or a
relationship Sub-
worked with Sub-
limited experience with Sub-
proven record with Sub-
Professionals
Professional
Professional
Professional
RFP – Professional Services 2026 – Borough of Middlesex
42
Management, Experience and Personnel Qualifications
25 Points
Category
0 Points
1 - 2 Points
3 Points
Points Given
Project Management Plan
Not demonstrated as sound
Plan is average
Plan is sound and detailed
Project Management Team
Does not meet qualifications
Qualified but little
Well qualified and has
experience working together
collaborated on similar projects
0 Points
1 -2 Points
3 - 5 Points
Record of reliability and
Not documented
Some documentation
Track record of high quality
quality of service
0 - 1 Points
2 - 4 Points
5 - 7 Points
Scope of Work Experience
Few related projects
Some similar projects
Numerous similar projects
Experience in performing
Limited experience
Good experience
Exceptional experience
similar work by employees
Management, Experience and Personnel Qualifications
25 Points
Category
0 Points
2 Points
3 Points
Points Given
Explanation of costs
Costs not explained
Some correlation provided
Well documented
0 - 4 Points
5 - 10 Points
11 - 15 Points
Cost comparison
Highest third in salary
dollars
Middle third in salary dollars
Lowest third in salary dollars
0 - 1 Points
2 - 3 Points
4 - 6 Points
Other costs, copies, travel, etc
Travel and copy cost in
Copy cost equal to OPRA
costs
None
excess of OPRA
0 Points
1 - 2 Points
3 Points
Additional Services
No needed additional
Possible additional services
Needed additional services
services identified
identified, costs not included
identified and included
TOTAL POINTS AWARDED
--- Document: NOTICE TO BIDDERS - Mountain View Park Playground & Restroom Design in the Borough of Middlesex, Middlesex County, New Jersey ---
NOTICE TO BIDDERS
PUBLIC NOTICE IS HEREBY GIVEN that sealed bids will be received by the Borough of Middlesex
for the Mountain View Park Playground & Restroom Design in the Borough of Middlesex, Middlesex
County, New Jersey.
Bid forms, contracts and specifications are available by contacting Remington & Vernick Engineers.
Contact shall be made by phone or by email to make bid purchase arrangements at 856-795-9595 or by
submitting to RVEbidinterest@rve.com.
Said Bids will be received, opened and read aloud in public at the Borough of Middlesex, Municipal
Building, 1200 Mountain Avenue, Middlesex, New Jersey 08846, on December 11th, 2024 at 11:00AM
prevailing time.
Electronic download link for copies of the bid forms, contracts and specifications may be obtained from
said Remington & Vernick Engineers, by prospective bidders upon request, upon payment of the sum of
$50.00 for each set. Should interested bidders not have the ability to handle electronic download sets, a
set may be arranged to be sent overnight by calling 856-795-9595.
NO BIDS ARE TO BE PICKED UP AT THE ENGINEER’S OFFICE OR AT THE MUNICIPALITY
OFFICES.
PAYMENT MUST BE RECEIVED PRIOR TO OBTAINING SAID SPECIFICATIONS, EITHER BY
MAIL OR IN PERSON.
NO BIDS ARE TO BE DROPPED OFF AT THE ENGINEER’S OFFICE.
The Borough of Middlesex reserves the right to consider the bids for sixty (60) days after the receipt
thereof, and further reserves the right to reject any or all bids, either in whole or in part and also to waive
any informality in any and make such awards or take action as may be in the best interest of the Borough
of Middlesex, in accordance with applicable law.
Bids must be on the bid form prepared by Remington and Vernick Engineers, in the manner designated
therein and required by the specifications, must be enclosed in sealed envelopes bearing the name and
address of the bidder on the outside and also bearing on the outside reference to the particular work bid
upon. Said bids shall be addressed to Linda Chismar, Middlesex Borough Clerk and hand delivered to,
1200 Mountain Avenue, Borough of Middlesex, Middlesex County, New Jersey 08846.
Each bid shall be accompanied by a certified check, cashier’s check or bid bond duly executed by the
bidder as principal and having as surety thereon a surety company approved by the Borough of Middlesex
in an amount not less than ten percent (10%) but in no case in excess of $20,000.00 of the amount bid.
Any such bid bond shall be without endorsement or conditions. Bid shall also be accompanied by a
certificate letter from a surety company stating that it will provide the bidder with the completion bond.
The award of the contract shall be made subject to the necessary moneys to do the work being provided
by the Borough of Middlesex in a lawful manner. The contract to be executed by the successful bidder
will provide that it shall not become effective until the necessary moneys to do the work have been
provided by the Borough of Middlesex in a lawful manner. The award shall further be subjected to the
securing of necessary State, Federal or Local permits governing the work.
Bidders are required to comply with the requirements of N.J.S.A. 10:5-31 et seq., N.J.A.C. 17:27
(Affirmative Action), N.J.S.A. 34:11-56.25 et seq.(New Jersey Prevailing Wage Act), and Americans
with Disabilities Act of 1990 (42 U.S.C. S12101, et seq.).
The contractor is further notified that he must comply with N.J.S.A. 52:25-24.2, and submit a Disclosure
Statement listing stockholders with his bid.
The contractor is further notified that he must comply with N.J.S.A. 34:11-56.48 et seq. Public Works
Contractor Registration Act and he and any subcontractors must be registered in accordance with the act.
The contractor is also further notified that he must comply with N.J.S.A. 52:32-44 and submit proof of
business registration and submit proof of business registration for any named subcontractors in
accordance with the act.
By Order of
Mayor Jack Mikolajczyk
Borough of Middlesex
Middlesex County, NJ
Dated: November 20th, 2024
--- Document: NOTICE TO BIDDERS - For 1st Street, 2nd Street, Seneca Avenue & Rutgers Lane project ---
Notice to Bidders
Notice is hereby given that sealed proposals will be received by the Borough of Middlesex,
Middlesex County, New Jersey (the “Owner”) for 1St Street, 2nd Street, Seneca Avenue & Rutgers Lane
project and be opened and read in public at the Borough of Middlesex, 1200 Mountain Avenue,
Middlesex, NJ 08846 on Friday, December 6, 2024 at 11:00 AM prevailing time.
The Project consists of but is not limited to, the installation of curb ramps, detectable warning
surfaces, concrete curb, combination concrete curb and gutter, concrete sidewalk, driveway aprons,
milling and asphalt paving, resetting and reconstruction of drainage structures, striping, and
restoration of project area.. All work on this contract must be completed within 75 calendar days
from issuance of a Notice to Proceed.
Contract documents and drawings for the proposed work (the “Contract Documents”, which have
been prepared by Thomas J. Herits, PE, PP, PLS, of the firm Colliers Engineering & Design Inc. (DBA
Maser Consulting), are available electronically or via delivery by common carrier by making a
request to mary.bianco@collierseng.com.
Bidders will be furnished with a copy of the Contract Documents by request upon proper notice to
the above e-mail address. In the e-mail message, the contractor shall indicate if they request an
electronic copy (PDF format) or paper copy. Electronic copies will be provided via e-mail at no
charge. Paper copies will be provided after a non-refundable charge of $150.00 payable to Colliers
Engineering & Design Inc. dba Maser Consulting is received. Send payment to 101 Crawfords Corner
Road, Suite 3400, Holmdel, NJ 07733 732-383-1950. Paper copies will be sent via UPS or FedEx if the
contractor provides UPS or FedEx account information to defray the cost of this shipping method.
Otherwise, paper copies will be sent via USPS.
The Contract Documents will be available during business hours beginning on Wednesday,
November 13, 2024 at 10:00 AM.
Proposals must be made on the standard proposal forms included with the Contract Documents in
the manner designated in the Contract Documents, must be enclosed in sealed envelopes bearing
the name and address of the bidder and the name of the project on the outside and be addressed
to the Borough of Middlesex, and must be accompanied by a statement of consent of surety from a
surety company authorized to do business in the State of New Jersey and acceptable to the Owner
and either a bid bond or a certified check drawn to the order of Borough of Middlesex for not less
than ten percent (10%) of the amount bid, except that the check shall not exceed $20,000.00. The
successful bidder is hereby notified that a performance bond and labor and material (payment)
bond for the full amount of this project is required.
The award of the Contract for this project will not be made until the necessary funds have been
provided by the Owner in a lawful manner.
Proposals for this contract will only be accepted from bidders who have properly qualified in
accordance with the requirements of the Contract Documents.
The right is also reserved to reject any or all bids or to waive any informalities where such
informality is not detrimental to the best interest of the Owner, except as to those items which are
deemed mandatory and non-waivable set forth in N.J.S.A. 40A:11-23.2. Further, the Owner reserves
the right to abandon the project and reject the bids entirely if any legal or state or federal
administrative action is taken against the Owner which could delay or jeopardize the project from
commencing. The right is also reserved to increase or decrease the quantities specified in the
manner designated in the Specifications.
The successful bidder shall be required to comply with all applicable statutory and regulatory
requirements, which include but are not limited to the affirmative action requirements of P.L. 1975,
c. 127, N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1 et seq.
Bidders will be required to comply with the public disclosure provisions of N.J.S.A. 52:25-24.2.
By order of the Borough of Middlesex, Middlesex County, New Jersey
Carmen Modica, Purchasing Agent
--- Document: RFP-2024-006 - FOR PUBLIC RELATIONS AND DESIGN CONSULTING SERVICES ---
Revised – 7/2024
Borough of Middlesex
1200 Mountain Avenue
Middlesex, New Jersey 08846
(732) 356-7400 ext. 237
NOTICE TO BIDDERS
RFP-2024-006
PUBLIC NOTICE UNDER A FAIR AND OPEN PROCESS FOR THE SOLICITATION OF
QUALIFICATIONS AND RATES PURSUANT TO N.J.S.A 40A:11-4.1 FOR PUBLIC
RELATIONS AND DESIGN CONSULTING SERVICES
FOR APPOINTMENT FROM JANUARY 1, 2025 THROUGH DECEMBER 31, 2025 AND
SPECIAL PROJECTS ON A PROJECT BY PROJECT BASIS
NOTICE IS HEREBY GIVEN that sealed submissions will be received by the Purchasing Agent or
designated representative, for Middlesex Borough, on Wednesday, December 4, 2024 at 11:00 a.m.
prevailing time, in the Municipal Building, 1200 Mountain Avenue, Middlesex, New Jersey 08846, then
publicly opened and read out loud for the following position:
PUBLIC RELATIONS AND DESIGN CONSULTING SERVICES
All contractors that are awarded competitive contracts pursuant to N.J.S.A. 40A:11-4.1(m) are required
to comply with the requirements of N.J.S.A. 52:32-44 (Business Registration of Public Contractors),
N.J.S.A. 52:25-24.2 (Statement of Corporate Ownership), 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). The submission
package is printable from the website www.middlesexboro-nj.gov or may be obtained at the Clerk’s
Office, Municipal Building,1200 Mountain Avenue, Middlesex, New Jersey 08846 during regular
business hours (9:00 a.m. – 4:00 p.m.).
The Borough reserves the right to reject any or all submissions due to any defects or waive informalities
and accept any submissions that in their judgment will be in the best interest of the Borough. Questions
concerning this notice may be directed to Michael La Place at mlaplace@middlesexboro-nj.gov.
Carmen Modica, QPA
Purchasing Agent
Date Advertised: November 7, 2024
Revised – 7/2024
SPECIFICATIONS
The Borough of Middlesex is seeking the services of a full-service Public Relations and
Design Consulting Services agency to assist with the following, at a minimum:
a. Press Release Writing
b. Press Distribution
c. Press Pitches (per media outlet)
d. Press List Management
e. Email Newsletter Design, Content and Distribution
f.
Facebook Posts
g. Social Media Engagement
h. Coordination of Boosted Facebook Posts + Ads
i.
Social Media Graphic Design
j.
Miscellaneous Graphic Design (flyers, brochures, etc.)
k. Branding of the Borough (should have knowledge of the Borough)
l.
Webmaster Services:
•
Updates of documents, web copy, calendar & images
•
Page additions
•
Formatting Edits
m. Reporting + Analytics:
•
Monthly Google Analytics for middlesexboro-nj.gov
•
Monthly Facebook Analytics
•
Quarterly Email Newsletter Report
•
Press Reports
SCOPE OF WORK
1. Understanding of the Requested Work
The proposals will be evaluated for general compliance with instructions and requests
issued in the bid package. Non-compliance with significant instructions shall be
grounds for disqualification of proposals.
2. Knowledge and Technical Competence
This includes the ability of the respondent to perform all of the tasks and fulfill
adequately the stated requirements.
3. Management, Experience and Personnel Qualifications
Expertise of the firm shall be demonstrated by past contract successes providing
government agencies with similar services. The respondent will be evaluated on
knowledge,
experience,
prior
collaboration,
and
successful
completion
of
projects/services similar to that requested in this bid package. In addition to relevant
experience, respondents shall provide personnel qualifications in the Proposal.
4. Ability to Complete the Services in a Timely Manner
This is based on the estimated duration of the tasks and the respondent’s ability to
accomplish these tasks as stated.
5. Term of the contract
The term of this contract is January 2025 – December 2025. (Options to extend may
be exercised by mutual agreement in accordance with terms of N.J.S.A. 40A:11-4.1 et
seq.)
6. Notice of Award
The successful respondent will be notified of the award of contract upon a favorable
decision by the governing body.
Revised – 7/2024
BOROUGH OF MIDDLESEX
STANDARDIZED SUBMISSION REQUIREMENTS & SELECTION
CRITERIA
(FAIR & OPEN PUBLIC SOLICITATION PROCESS FOR PUBLIC RELATIONS
AND DESIGN CONSULTING SERVICES)
The Borough of Middlesex is seeking sealed submissions in response to a Public Notice for the
solicitation of Public Relations and Design Consulting Services. These services are being solicited as
competitive contract pursuant to N.J.S.A. 40A:11-4.1(m).
The standardized submission requirements shall include:
1. Visual or audio branding sample promoting the Borough.
2. Names and roles of the individuals who will perform the services/tasks and descriptions of their
experience with projects similar to the services contained herein including their education,
degrees, and certifications.
3. References and record of success of same or similar service.
4. Description of ability to provide the services in a timely fashion (including staffing, familiarity,
and location of key staff).
5. Cost details, including the hourly rates of each of the individuals who will perform services and
time estimates for each individual, all expenses and total cost of “not to exceed” amount.
Proposals will be evaluated in accordance with N.J.S.A. 40A:11-4.5(d) by the authorized members of
Borough Council and staff of the Borough of Middlesex on the basis of the most advantageous, price
and other factors considered but not limited to the following:
1. Branding vision for the municipality (prospective bidders may be invited to make a full branding
presentation to a subcommittee as part of the award process);
2. Knowledge of the administrative structure of the Borough of Middlesex and subject matter to be
addressed under the contract;
3. Ability to attend Borough Council and occasional Special Meetings as needed.
4. Ability to demonstrate responsiveness;
5. Press releases, web design, branding campaigns, social media design, and other written and
visual materials that applicant chooses to submit
Please Note these Additional Requirements:
Prospective bidders shall submit one (1) original and one (1) copy of their sealed submission, on
Wednesday, December 4, 2024 at 11:00 am. Must provide a visual or audio branding sample promoting
the Borough.
Revised – 7/2024
BOROUGH OF MIDDLESEX
INFORMATION FOR COMPETITIVE CONTRACT SOLICITATION, QUALIFICATIONS
AND RATES FOR 2025
(FAIR & OPEN PUBLIC SOLICITATION PROCESS)
1.1
RECEIPT AND OPENING OF SUBMISSIONS
1.1.1 OWNER AND PROJECT
The Borough of Middlesex, Middlesex County, New Jersey (hereinafter called the "OWNER") invites
submissions for the service(s) mentioned in the Public Notice for Professional Services Qualifications
and Rates for 2025.
1.1.2 TIME AND PLACE OF SUBMISSION OPENINGS
Municipal Clerk and/or her designated representative will receive submissions at the time and place
mentioned in the Public Notice for Solicitation, and at such time and place will be publicly opened and
read aloud.
1.1.3 SUBMISSIONS NOT IN COMPLIANCE
The 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.)
1.1.4 WITHDRAWING SUBMISSIONS
Submissions forwarded to the Borough Clerk and/or her designated representative before the time of
opening of submissions may be withdrawn upon written application of the professional services entity
who shall be required to produce evidence showing that they are or they represent 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.
1.2
QUALIFICATIONS OF PROFESSIONAL SERVICES ENTITIES
1.2.1 INDIVIDUALS PERFORMING TASKS
Name and roles of the individuals who will perform the tasks and description of their education and
experience similar to the services contained herein.
1.2.2 PAST PERFORMANCE
Documented past performance of same and/or similar service.
1.2.3 REFERENCES
References and record of success of same or similar service.
Revised – 7/2024
1.2.4 DESCRIPTION OF ABILITIES
Description of ability to provide the services in a timely fashion (including staffing, familiarity and
location of key staff).
1.2.5 COST DETAILS
If applicable, cost details include the hourly rates of each of the individuals who will be performing
services and all expenses.
1.2.5.1 HOURLY RATE
Provide the hourly rate for services. The hourly rate shall be the total compensation expected for the
year, for services rendered in an amount not to exceed $35,000.00.
1.2.6 TECHNICAL PROCESS AND EQUIPMENT
Description of technical process and equipment used in performing the task(s).
1.3
PREPARATION OF SUBMISSIONS
1.3.1 COMPLETION OF SUBMISSIONS
Each submission must be provided on a Standardized Submission Form as supplied in the submission
package and signed by the professional services entity or principal thereof and shall contain the name,
address, and telephone number of the professional services entity. All prices and amounts must be
written in ink or preferably typewritten. Each signatory to the submission must initial all erasures or
corrections.
Submission shall be contained in a sealed envelope clearly marked “PUBLIC RELATIONS AND
DESIGN CONSULTING SERVICES” addressed to: PURCHASING AGENT, Borough of
Middlesex, 1200 Mountain Ave., Middlesex, NJ 08846. The submission must be delivered at the place
and time required or mailed so as to be received prior to the opening time set in the advertisement.
Submissions received after the hour herein named or in an unsealed envelope shall not be
considered. Email or fax submissions will not be considered.
The 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.
The submission shall be accompanied by the forms included in bid package: (1) a Non-Collusion
Affidavit, (2) a Disclosure of Ownership Form, (3) an Insurance Requirement Acknowledgement Form,
(4) a Mandatory Equal Employment Opportunity Notice Acknowledgement - Exhibit A –
EEO/Affirmative Action Compliance Notice (5) a Professional Services Entity Information Form, (6) a
Qualifications Submission, (7) Bid Proposal/Signature Page, (8) Disclosure of Investment Activities in
Iran and (9) an Acknowledgement of Corrections, Additions or Deletions Form.
All forms listed above, (#1 through #9) shall be completed in their entirety.
Revised – 7/2024
1.3.2 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.
1.4
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, but in no case 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 may be agreed.
The award of the Contract for this service will not be made unless the Borough’s Chief Financial Officer
has certified the necessary funds in a lawful manner.
SCHEDULE TIMELINE:
November 7, 2024 – Date Advertised
November 13, 2024 – Deadline to submit questions
December 4, 2024 – Bid Opening
December 17, 2024 – Anticipated Award Date
Only written questions submitted by the question deadline will be accepted. Written answers to such
questions shall be sent to those vendors notifying the Borough of its intent to bid. From the date of the
issuance of this RFP until the selection of a vendor is completed and announced, vendors that intend to
submit a Proposal should not contact any Borough employee other than to submit written questions to
the “Contact Person.” Communicating directly or indirectly with any other Borough employee regarding
the RFP process during this RFP process may result in immediate disqualification.
1.5
MODIFICATIONS OF SUBMISSIONS
Any professional services entity may modify his/her submission by mail, courier or hand delivery at any
time prior to the scheduled closing time for receipt of submissions. The 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 OWNER will not
know the final price(s) or term(s) until the sealed submission is opened.
1.6
REJECTION OF SUBMISSIONS
1.6.1 MULTIPLE SUBMISSIONS NOT ALLOWED
More than one submission from an individual, a firm or partnership, a corporation or association of
principals under the same or different names shall not be considered.
1.6.2 UNBALANCED SUBMISSIONS
Submissions, which are obviously unbalanced, may be rejected at the option of the OWNER.
Revised – 7/2024
1.6.3 RIGHT TO REJECT SUBMISSIONS
The right is reserved to reject any or all submissions in whole or in part if not in compliance with the
standardized submission requirements or in the event that Cost Details and Flat Fee rates requested
exceed Owner’s expectations or specifications are required to be substantially modified.
1.6.4 RIGHT TO WAIVE INFORMALITIES RESERVED
The owner expressly reserves the right to waive any informality in any submission, and to accept the
submission, which in the OWNER'S judgment serves its best interests.
1.7
PROFESSIONAL SERVICES ENTITY REFERRED TO LAWS
The attention of the professional services entity is especially directed to the provisions of Federal, State,
County and Local Government statutes and regulations that may apply to the work.
1.8
PAYMENT
Generally, checks are processed by the Borough of Middlesex within 30 days of invoicing. It is
necessary that the approved signed vouchers be accompanied by an invoice and be submitted in
advance.
1.9
TRANSITIONAL PERIOD
In the event that a new contract has not been awarded prior to the contract expiration date, it shall be
incumbent upon the professional services entity to continue the contract under the same terms and
conditions until a new contract(s) can be completely operational. At no time shall this transition period
extend more than ninety (90) days beyond the expiration date of the contract.
1.10
FACSIMILE DOCUMENTS PROVIDED IN A SUBMISSION
Under no circumstances, on submission documents requiring authorized signatures, will the OWNER
accept documents provided through facsimile machines.
1.11 CONTRACT COMPLIANCE AND EQUAL EMPLOYMENT OPPORTUNITY IN
PUBLIC CONTRACTS
Professional services entities are required to comply with the requirements of N.J.S.A. 10:5-31 et seq.
and N.J.A.C. 17:27 et seq.
1.12 GENERAL REQUIREMENTS/INFORMATION
The professional services entity shall guarantee any or all material and services supplied under these
specifications. Defective or inferior items shall be replaced at the expense of the professional services
entity.
It is understood by the professional services entity that this submission is provided on the basis of
standardized submission requirements prepared by Borough of Middlesex and the fact that any
professional services entity is not familiar with these standardized submission requirements or
conditions will not be accepted as an excuse.
Revised – 7/2024
NO MINIMUM PAYMENT IS IMPLIED OR GUARANTEED.
The Borough of Middlesex reserves the right to cancel any contract entered into upon thirty (30) days
written notice.
This solicitation is for a time period extending through 2025.
1.13 PAY TO PLAY – NOTICE OF DISCLOSURE REQUIREMENT
Business entities are advised of their responsibility to file an annual disclosure statement of political
contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A.
19:44A-20.27 if they receive contracts in excess of $50,000 from public entities in a calendar year.
Business entities are responsible for determining if filing is necessary. Additional information on this
requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.
1.14 RESUBMISSIONS
In the case of Resubmissions for Bids or RFP’s, bidders are cautioned to use and submit only documents
of the current active bid. Prior bid documents, (original or any prior resubmission), are invalid as those
opportunities no longer legally exist. Submission of any forms or documents from a prior bid or
resubmission shall be reason to find your bid for the current opportunity non-responsive.
Revised – 7/2024
BOROUGH OF MIDDLESEX
BID DOCUMENT CHECKLIST
Required
With
Bid
Read, Signed
& Submitted
Bidder’s Initial
A.
FAILURE TO SUBMIT ANY OF THESE ITEMS IS MANDATORY CAUSE FOR
REJECTION OF BID
Stockholder Disclosure Certification
Acknowledgement of Receipt of Addenda (To be Completed if Addenda are Issued)
Required Evidence EEO/Affirmative Action Regulations Questionnaire
Non-Collusion Affidavit (must be completed and included with proposal)
Insurance Requirement Acknowledgement Form
Professional Service Entity Information Form
Bid Guarantee (bid bond or certified/cashier’s check) (with Power of Attorney for full
amount of Bid Bond)
Qualifications Submission Form
Consent of Surety (Certificate from Surety company)
Proposal Cost/Signature Form
Surety Disclosure Statement and Certification
Performance Bond
Labor and Material (Payment) Bond
Maintenance Bond
B.
MANDATORY ITEM(S), REQUIRED NO LATER THAN TIME PERIOD INDICATED
Business Registration Certificate – Bidder – Prefer with Bid Response. Required by Law
prior to award of contract
Business Registration Certificate – Designated Subcontractor(s) – Prefer with Bid Response.
Required by Law prior to award of contract
Public Works Contractor Registration Certificate(s) for the Bidder and Designated
Subcontractors (Prior to Award, but effective at time of bid)
Certification of Prohibited Activities in Russia and Belarus & Investment Activities in Iran
pursuant to P.L.2022, c.3– Prefer with bid response – Required prior to award of contract
C.
FAILURE TO SUBMIT ANY OF THESE ITEMS AT TIME OF BID MAY BE CAUSE FOR
REJECTION
Three (3) references for similar projects
Authorization for Background Check
Catalog/Price List
Product Samples
Certification of Available Equipment
Other: CD or USB flash drive with PDF of Bid Response along w/Printed Copies (ref page 1)
CD and/or USB flash drive must be labeled with the bidder’s name
Other: Visual or audio branding sample promoting the Borough
D.
READ ONLY
Americans With Disability Act of 1990 Language
This checklist is provided for bidder’s use in assuring compliance with required documentation;
however, it does not include all specifications requirements and does not relieve the bidder of the
need to read and comply with the specifications.
Name of Bidder:
Date:
By Authorized Representative:
Signature:
Print Name & Title:
Revised – 7/2024
PROPOSAL COST FORM/SIGNATURE PAGE
TO THE BOROUGH OF MIDDLESEX:
The undersigned declares that he/she has read the Notice, Instructions, Affidavits and Scope of Services attached, that he/she
has determined the conditions affecting the proposal and agrees, if this proposal is accepted, to furnish and deliver services
per the attached schedule of fees for the following:
(Corporation)
The undersigned is a (Partnership) under the laws of the State of __________________________ having its
(Individual)
Principal office at:
Company: _______________________________
Federal I.D. # or Social Security #
Address:________________________________
________________________________
Signature of Authorized Agent
Type or Print Name
Title of Authorized Agent
Date
Telephone Number
Email Address
Fax Number
BOROUGH OF MIDDLESEX
Services
Quantity (provide)
Press Release Writing
Press Distribution
Press Pitches (per media outlet)
Press List Management
Email Newsletter Design, Content and Distribution
Facebook Posts
Social Media Engagement
Coordination of Boosted Facebook Posts + Ads
Social Media Graphic Design
Miscellaneous Graphic Design (flyers, brochures, etc.)
Branding
Webmaster Services:
•
Updates of documents, web copy, calendar & images
•
Page additions
•
Formatting Edits
Reporting + Analytics:
• Monthly Google Analytics for middlesexboro-nj.gov
• Monthly Facebook Analytics
• Quarterly Email Newsletter Report
• Press Reports
Hourly Rate
$
Revised – 7/2024
QUALIFICATIONS SUBMISSION FORM
1.
Names and roles of the individuals who will perform the services and description of
their education and experience with projects similar to the services contained herein
including their education, degrees, and certifications:
2.
References and record of success of same or similar service:
3.
Description of ability to provide the services in a timely fashion (including staffing,
familiarity, and location of key staff):
Revised – 7/2024
4. Cost details, including the hourly rates of each of the individuals who will perform
services, including their title, level of expertise and years of experience, and all expenses:
_______________________________________________________________________
Firm _______________________________________________ Date: ____________________
Authorized Representative (Print): __________________________________________________
Signature: ___________________________ Title:_____________________________________
Telephone #: __________________________ Fax #: __________________________________
Revised – 7/2024
BOROUGH OF MIDDLESEX
NON-COLLUSION AFFIDAVIT
State of _____________
County of _____________
ss:
I, _____________________________ of the City of _______________________________
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 bidder making this Proposal for the above named project, and that I executed the said proposal
with full authority so to do; that said bidder has not, directly or indirectly entered into any
agreement, participated in any collusion, or otherwise taken any action in restraint of free,
competitive bidding in connection with the above named project; and that all statements contained
in said proposal and in this affidavit are true and correct, and made with full knowledge that the
Borough of Middlesex 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_________________________________.
(Name of Contractor)
(N.J.S.A. 52:34-15)
Subscribed and sworn to
Before me this _______day
Of ___________, _______.
Signature
(Type or print name of affiant under signature)
_______________________________________
Notary public of
My Commission expires ___________________.
Revised – 7/2024
BOROUGH OF MIDDLESEX
OWNERSHIP STATEMENT STOCKHOLDER DISCLOSURE FORM
N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43)
This statement shall be completed, certified to, and included with all bid and proposal
submissions. Failure to submit the required information is cause for automatic rejection
of the bid or proposal.
Name of Organization: ____________________________________________________
Organization Address: ____________________________________________________
Part I Check the box that represents the type of business organization:
Sole Proprietorship (skip Parts II and III, execute certification in Part IV)
Non-Profit Corporation (skip Parts II and III, execute certification in Part IV)
For-Profit Corporation (any type)
Limited Liability Company (LLC)
Partnership
Limited Partnership
Limited Liability Partnership (LLP)
Other (be specific): ______________________________________________
Part II
The list below contains the names and addresses of all stockholders in the corporation who
own 10 percent or more of its stock, of any class, or of all individual partners in the
partnership who own a 10 percent or greater interest therein, or of all members in the
limited liability company who own a 10 percent or greater interest therein, as the case may
be. (COMPLETE THE LIST BELOW IN THIS SECTION)
OR
No one stockholder in the corporation owns 10 percent or more of its stock, of any class, or
no individual partner in the partnership owns a 10 percent or greater interest therein, or no
member in the limited liability company owns a 10 percent or greater interest therein, as
the case may be. (SKIP TO PART IV)
(Please attach additional sheets if more space is needed):
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
(Note: Attach additional pages if necessary)
Revised – 7/2024
Part III DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS,
PARTNERS OR LLC MEMBERS LISTED IN PART II
If a bidder has a direct or indirect parent entity which is publicly traded, and any person
holds a 10 percent or greater beneficial interest in the publicly traded parent entity as of
the last annual federal Security and Exchange Commission (SEC) or foreign equivalent
filing, ownership disclosure can be met by providing links to the website(s) containing the last
annual filing(s) with the federal Securities and Exchange Commission (or foreign equivalent) that
contain the name and address of each person holding a 10% or greater beneficial interest in the
publicly traded parent entity, along with the relevant page numbers of the filing(s) that contain the
information on each such person. Attach additional sheets if more space is needed.
Website (URL) containing the last annual SEC (or foreign equivalent) filing
Page #’s
Please list the names and addresses of each stockholder, partner or member owning a 10 percent
or greater interest in any corresponding corporation, partnership and/or limited liability company
(LLC) listed in Part II other than for any publicly traded parent entities referenced above.
The disclosure shall be continued until names and addresses of every noncorporate stockholder,
and individual partner, and member exceeding the 10 percent ownership criteria established
pursuant to N.J.S.A. 52:25-24.2 has been listed. Attach additional sheets if more space is
needed.
Stockholder/Partner/Member and
Corresponding Entity Listed in Part II
Address
Part IV Certification
I, being duly sworn upon my oath, hereby represent that the foregoing information and any
attachments thereto to the best of my knowledge are true and complete. I acknowledge: that I am
authorized to execute this certification on behalf of the bidder/proposer; that the Borough of
Middlesex is relying on the information contained herein and that I am under a continuing obligation
from the date of this certification through the completion of any contracts with the Borough to notify
the Borough in writing of any changes to the information contained herein; that I am aware that it is
a criminal offense to make a false statement or misrepresentation in this certification, and if I do so,
I am subject to criminal prosecution under the law and that it will constitute a material breach of my
agreement(s) with the, permitting the Borough to declare any contract(s) resulting from this
certification void and unenforceable.
________________________________________________________________
______________
(Respondent/Respondent Authorized Signature)
(Date)
___________________________________________
______________________________________
(Print name of authorized signatory)
(Title)
Revised – 7/2024
BOROUGH OF MIDDLESEX
INSURANCE REQUIREMENTS AND ACKNOWLEDGEMENT FORM
Certificate(s) of Insurance shall be filed with the Borough Clerk’s Office upon award of
contract by the Mayor and Borough Council.
The minimum amount of insurance to be carried by the Professional Service Entity shall
be as follows:
PROFESSIONAL LIABILITY INSURANCE
Limits shall be a minimum of $1,000,000.00 for each claim and $1,000,000.00
aggregate each policy period.
Acknowledgement of Insurance Requirement:
________________________________________________________________
(Signature)
(Date)
________________________________________________________________
(Printed Name and Title)
Revised – 7/2024
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 Borough employment goals established
in accordance with N.J.A.C. l7:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to,
employment agencies, placement bureaus, colleges, universities, 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 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 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 www.state.nj.us/treasury/contract_compliance).
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.
Initials _____
Revised – 7/2024
EXHIBIT A
EEO/AFFIRMATIVE ACTION COMPLIANCE NOTICE
N.J.S.A. 10:5-31 and N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance
to the Borough and Division of Public Contracts Equal Employment Opportunity Compliance. During
a review, Division representatives will review the Borough files to determine whether the
affirmative action evidence has been submitted by the vendor/contractor. Specifically, each
vendor/contractor shall submit to the Borough, prior to execution of the contract, one of the
following documents:
Goods and General Service Vendors
1. Letter of Federal Approval indicating that the vendor is under an existing federally approved or
sanctioned affirmative action program. A copy of the approval letter is to be provided by the
vendor to the Borough and the Division. This approval letter is valid for one year from the date
of issuance.
Do you have a federally-approved or sanctioned EEO/AA program?
Yes
No
If yes, please submit a photo static copy of such approval.
2. A Certificate of Employee Information Report (hereafter “Certificate”), issued in accordance with
N.J.A.C. 17:27-1.1 et seq. The vendor must provide a copy of the Certificate to the Borough as
evidence of its compliance with the regulations. The Certificate represents the review and
approval of the vendor’s Employee Information Report, Form AA-302 by the Division. The
period of validity of the Certificate is indicated on its face. Certificates must be renewed prior to
their expiration date in order to remain valid.
Do you have a State Certificate of Employee Information Report Approval?
Yes
No
If yes, please submit a photo static copy of such approval.
3. The successful vendor shall complete an Initial Employee Report, Form AA-302 and submit it to
the Division with $150.00 Fee and forward a copy of the Form to the Borough. Upon submission
and review by the Division, this report shall constitute evidence of compliance with the
regulations. Prior to execution of the contract, the EEO/AA evidence must be submitted.
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on
the Division website www.state.nj.us/treasury/contract_compliance.
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal
Employment Opportunity Compliance, with a copy to Public Agency.
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 and N.J.A.C. 17:27 and agrees to furnish the required forms of
evidence.
The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27.
COMPANY: ______________________________ SIGNATURE: ____________________________
PRINT NAME:___________________________ TITLE: __________________________________
DATE: __________________
Revised – 7/2024
SAMPLE CERTIFICATE OF EMPLOYEE INFORMATION REPORT
Revised – 7/2024
BOROUGH OF MIDDLESEX
PROFESSIONAL SERVICE ENTITY INFORMATION FORM
If the Professional Service Entity is an INDIVIDUAL, sign name and give the following information:
Name:_______________________________________________________________________________________________
Address:_____________________________________________________________________________________________
Telephone No.: __________________________Social Security No.:_____________________________________________
Fax No.: ____________________________ E-Mail: ________________________________________________________
If individual has a TRADE NAME, give such trade name:
Trading As: _____________________________________ Telephone No.: ________________________________________
****************************************************************************************************
If the Professional Service Entity is a PARTNERSHIP, give the following information:
Name of
Partners:_____________________________________________________________________________________________
Firm Name:__________________________________________________________________________________________
Address:_____________________________________________________________________________________________
Telephone No.: ____________________________ Federal I.D. No.: _____________________________________________
Fax No.: ______________________ E-Mail: _______________________________________________________________
Social Security No.:____________________________________________________________________________________
Signature of authorized agent: ____________________________________________________________________________
****************************************************************************************************
If the Professional Service Entity is INCORPORATED, give the following information:
State under whose laws incorporated: ______________________________________________________________________
Location of principal office:______________________________________________________________________________
Telephone No.: _______________________ Federal I.D. No.: __________________________________________________
Fax No.: ____________________________ E-Mail:__________________________________________________________
Name of agent in charge of said office upon whom notice may be legally served:
____________________________________________________________________________________________________
Telephone No.: ___________________Name of Corporation: __________________________________________________
Signature: By: __________________________________________________________
Title: Address: ______________________________________________________________
Revised – 7/2024
CERTIFICATION OF NON‐INVOLVEMENT IN
PROHIBITED ACTIVITIES IN RUSSIA OR BELARUS
Pursuant to N.J.S.A. 52:32-60.1, et seq. (L. 2022, c. 3) any person or entity (hereinafter “Vendori”) that seeks to
enter into or renew a contract with a State agency for the provision of goods or services, or the purchase of bonds
or other obligations, must complete the certification below indicating whether or not the Vendor is identified on the
Office of Foreign Assets Control (OFAC) Specially Designed Nationals and Blocked Persons list, available here:
https://sanctionssearch.ofac.treas.gov/. If the Department of the Treasury finds that a Vendor has made a
certification in violation of the law, it shall take any action as may be appropriate and provided by law, rule or
contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the
party in default and seeking debarment or suspension of the party.
I, the undersigned, certify that I have read the definition of “Vendor” below, and have reviewed the Office of
Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, and having done so
certify:
(Check the Appropriate Box)
A. That the Vendor is not identified on the OFAC Specially Designated Nationals and Blocked Persons list
on account of activity related to Russia and/or Belarus.
OR
B. That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially
Designated Nationals and Blocked Persons list on account of activity related to Russia and/or Belarus.
OR
C. That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially
Designated Nationals and Blocked Persons list. However, the Vendor is engaged in activity related to
Russia and/or Belarus consistent with federal law, regulation, license or exemption. A detailed description
of how the Vendor’s activity related to Russia and/or Belarus is consistent with federal law is set forth
below.
Signature of Vendor’s Authorized Representative
Date
Print Name and Title of Vendor’s Authorized Representative
Vendor Name
Vendor Phone Number
Vendor Address (Street Address)
Vendor Fax Number
Vendor Address (City/State/Zip Code)
Vendor Email Address for Authorized Representative
______________________________________________
i Vendor means: (1) A natural person, corporation, company, limited partnership, limited liability partnership, limited liability company,
business association, sole proprietorship, joint venture, partnership, society, trust, or any other nongovernmental entity, organization, or
group; (2) Any governmental entity or instrumentality of a government, including a multilateral development institution, as defined in
Section 1701(c)(3) of the International Financial Institutions Act, 22 U.S.C. 262r(c)(3); or (3) Any parent, successor, subunit, direct or
indirect subsidiary, or any entity under common ownership or control with, any entity described in paragraph (1) or (2).
NJ Rev. 1.22.2024
(Attach Additional Sheets If Necessary.)
Revised – 7/2024
Disclosure of Investment Activities in Iran
Person or Entity
Part 1: Certification
COMPLETE PART 1 BY CHECKING EITHER BOX.
Pursuant to Public Law 2012, c. 25, any person or entity that is a successful bidder or proposer, or otherwise proposes to enter
into or renew a contract, must complete the certification below to attest, under penalty of perjury, that neither the person or
entity, nor any parent entity, subsidiary, or affiliate is identified on the State Department of Treasury's Chapter 25 list as a
person or entity engaging in investment activities in Iran. The list is found on Treasury’s website at
www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf.
The Chapter 25 list must be reviewed prior to completing the below certification. If a vendor or contractor is found to be in
violation of law, action may be taken as appropriate and as may provided by law, rule or contract, including but not limited to
imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or
suspension of the party.
I certify, pursuant to Public Law 2012, c. 25, that neither the person or entity listed above, nor
any parent entity, subsidiary, or affiliate thereof is listed on the N.J. Department of the Treasury’s
list of entities determined to be engaged in prohibited activities in Iran pursuant to P.L. 2012, c.
25 ("Chapter 25 List"). I further certify that I am the person listed above, or I am an officer or
representative of the entity listed above and am authorized to make this certification on its behalf.
I will skip Part 2 and sign and complete the Certification below.
OR
I am unable to certify as above because the person or entity and/or a parent entity, subsidiary, or
affiliate thereof is listed on the N.J. Department of the Treasury’s Chapter 25 list. I will provide a
detailed, accurate and precise description of the activities in Part 2 below sign and complete the
Certification below.
Revised – 7/2024
Part 2: Additional Information
PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN.
You must provide a detailed, accurate and precise description of the activities of the person or entity, or a parent entity,
subsidiary, or affiliate thereof engaging in investment activates in Iran below and, if more space is needed, on additional sheets
provided by you.
Part 3: Certification of True and Complete Information
I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any attachments there
to the best of my knowledge are true and complete. I attest that I am authorized to execute this certification on behalf of the
above-referenced person or entity.
I acknowledge that the Name of Contracting Unit is relying on the information contained herein and thereby
acknowledge that I am under a continuing obligation from the date of this certification through the completion of any
contracts with the Reference to Contracting Unit to notify the Reference to Contracting Unit in writing of any changes to
the answers of information contained herein.
I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this
certification, and if I do so, I recognize that I am subject to criminal prosecution under the law and that it will also
constitute a material breach of my agreement(s) with the Name of Contracting Unit and that the Reference to Contracting
Unit at its option may declare any contract(s) resulting from this certification void and unenforceable.
Full Name (Print)
Title
Signature
Date
Revised – 7/2024
BOROUGH OF MIDDLESEX
AMERICANS WITH DISABILITIES ACT OF 1990
Equal Opportunity for Individuals with Disability
The Contractor and the Owner, do hereby agree that the provisions of Title 11 of the Americans
With Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 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 owner
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 owner in any action or administrative proceeding commenced pursuant
to this Act. The contractor shall indemnify, protect, and save harmless the 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 owner’s
grievance procedure, the contractor agrees to abide by any decision of the owner which is rendered
pursuant to said grievance procedure. If any action or administrative proceeding results in an
award of damages against the owner, or if the 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 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 owner or any of its agents, servants, and
employees, the owner shall expeditiously forward or have forwarded to the contractor every
demand, complaint, notice, summons, pleading, or other process received by the owner or its
representatives.
It is expressly agreed and understood that any approval by the 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 owner pursuant to this
paragraph.
It is further agreed and understood that the 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 owner from taking any other actions available to it
under any other provisions of the Agreement or otherwise at law.
Initials _____
Revised – 7/2024
BOROUGH OF MIDDLESEX
THESE ARE SAMPLES OF THE ONLY ACCEPTABLE
BUSINESS REGISTRATION CERTIFICATES
PREFER SUBMITTED WITH BID RESPONSE
REQUIRED BY LAW PRIOR TO AWARD OF CONTRACT
Revised – 7/2024
BOROUGH OF MIDDLESEX
ACKNOWLEDGMENT OF RECEIPT OF ADDENDA
PUBLIC RELATIONS AND DESIGN CONSULTING SERVICES
The undersigned Bidder hereby acknowledges receipt of the following Addenda:
ADDENDUM
NUMBER
DATE
ACKNOWLEDGE RECEIPT
(Initial)
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
No Addenda were received:
Acknowledged for:
(Name of Bidder)
By:
(Signature of Authorized Representative)
Name:
(Print or Type)
Title:
Date:
Revised – 7/2024
EVALUATION SHEET
BOROUGH OF
MIDDLESEX
EVALUATORS NAME
Write NA if
category
COMPANY NAME
does not apply.
Understanding the Requested Work
10 Points
Category
0 Points
1 - 2 Points
3 - 4 Points
Points Given
Demonstrates clear
Does not demonstrate clear
Proposal points are
Proposal is clear, readable
understanding
understanding
adequately defined
and precise
0 Points
1 - 2 Points
3 Points
Completeness and
Does not address major
Proposal absent some non-
Proposal complete and
responsiveness to RFP
requirements
critical points
responsive
Compliance with
Does not comply
Complies substantially
Complies with all
instructions and requests
instructions and requests
Knowledge and Professional Compliance
25 Points
Category
0 - 2 Points
3 - 4 Points
5 - 6 Points
Points Given
Education and training of
Minimal training, no formal
Some prior experience, some
High level of education and
employees, suitability to
education, new performer
training and documented
training, well proven
perform the required tasks
performance
performance
0 Points
1 - 2 Points
3 - 7 Points
Does respondent have the
Not adequately documented
Proposal uses some current
Well documented use of the
character, integrity,
technology
latest technologies
reputation, judgment,
experience & efficiency
required by the Professional
0 Points
1 - 2 Points
3 - 4 Points
QA/QC Process
Not adequately documented
QA/QC documented, but
QA/QC documented with
with little oversight
significant oversight
0 Points
1 - 3 Points
4 - 8 Points
Primary Professional vs.
More than one Sub-
Only one Sub-Professional
Primary Professional will do
subcontracted resources
Professional
providing 50% of resources
entire project
depending on nature of sub
to be used
and percentage of project
Ability to Perform Services in a Timely Manner
15 Points
Category
0 Points
1 - 2 Points
3 - 4 Points
Points Given
Scheduling Timeline
Cannot meet schedule
Meets most of schedule
Meets entire schedule
0 - 1 Points
2 - 3 Points
4 - 6 Points
Personnel & Resources
May not be sufficient
Sufficient for project
Dedicated resources
0 - 2 Points
3 - 4 Points
5 Points
Primary Professional
Primary Professional has not
Primary Professional has
No Sub-Professional or a
relationship Sub-
worked with Sub-
limited experience with Sub-
proven record with Sub-
Professionals
Professional
Professional
Professional
Revised – 7/2024
Management, Experience and Personnel Qualifications
25 Points
Category
0 Points
1 - 2 Points
3 Points
Points Given
Demonstrated Branding
Not demonstrated as sound
Demonstrated well but little
experience
Demonstrated well and has
exceptional experience
Project Management Plan
Not demonstrated as sound
Plan is average
Plan is sound and detailed
Project Management Team
Does not meet qualifications
Qualified but little
Well qualified and has
experience working together
collaborated on similar projects
0 Points
1 -2 Points
3 - 5 Points
Record of reliability and
Not documented
Some documentation
Track record of high quality
quality of service
0 - 1 Points
2 - 4 Points
5 - 7 Points
Scope of Work Experience
Few related projects
Some similar projects
Numerous similar projects
Experience in performing
Limited experience
Good experience
Exceptional experience
similar work by employees
Management, Experience and Personnel Qualifications
25 Points
Category
0 Points
2 Points
3 Points
Points Given
Explanation of costs
Costs not explained
Some correlation provided
Well documented
0 - 4 Points
5 - 10 Points
11 - 15 Points
Cost comparison
Highest third in salary
dollars
Middle third in salary dollars
Lowest third in salary dollars
0 - 1 Points
2 - 3 Points
4 - 6 Points
Other costs, copies, travel, etc
Travel and copy cost in
Copy cost equal to OPRA
costs
None
excess of OPRA
0 Points
1 - 2 Points
3 Points
Additional Services
No needed additional
Possible additional services
Needed additional services
services identified
identified, costs not included
identified and included
TOTAL POINTS AWARDED
--- Document: RFP–2024-005 - VARIOUS PROFESSIONALS FOR APPOINTMENT JANUARY 1, 2025 THROUGH DECEMBER 31, 2025 AND SPECIAL PROJECTS ON A PROJECT BY PROJECT BASIS ---
RFP – Professional Services 2025 – Borough of Middlesex
1
Borough of Middlesex
1200 Mountain Avenue
Middlesex, New Jersey 08846
RFP – 2024-005
PUBLIC NOTICE UNDER A FAIR AND OPEN PROCESS FOR THE SOLICITATION OF
QUALIFICATIONS AND RATES FOR VARIOUS PROFESSIONALS
FOR APPOINTMENT JANUARY 1, 2025 THROUGH DECEMBER 31, 2025
AND SPECIAL PROJECTS ON A PROJECT BY PROJECT BASIS
NOTICE IS HEREBY GIVEN that sealed submissions will be received by the Purchasing
Agent or designated representative, for Middlesex Borough, on Wednesday, December 4, 2024 at 11:00
am prevailing time, in the Municipal Building, 1200 Mountain Avenue, Middlesex, New Jersey 08846,
then publicly opened for the following positions:
•
Auditing Services
•
Engineering Services – Borough
•
Engineering Services – Alternate
•
Engineering Services – Land Use Board
•
Engineering Services - Environmental
•
Legal Counsel – Bond
•
Legal Counsel – Municipal Attorney
•
Legal Counsel – Conflict Municipal
•
Legal Counsel – Land Use Board
•
Legal Counsel – Tax Appeals
•
Legal Counsel – Municipal Prosecutor
•
Legal Counsel – Labor
•
Legal Counsel – Redevelopment
•
Legal Counsel – Conflict Redevelopment
•
Legal Counsel – Environmental
•
Legal Counsel – Board of Health Attorney
•
Professional Planner – Borough
•
Professional Planner – Land Use Board
•
Sewage Collection System Operator – C-4 License Operator
•
Public Defender
•
Alternate Public Defender
•
Risk Management Consultant
•
Grant Writer
All professional service contractors are required to comply with 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). The submission
package is printable from the website www.middlesexboro-nj.gov or may be obtained at the Clerk’s
Office, Municipal Building,1200 Mountain Avenue, Middlesex, New Jersey 08846 during regular
business hours (9:00 a.m. – 4:00 p.m.). If submitting for more than one (1) professional service, you
must submit separate proposals for EACH service.
RFP – Professional Services 2025 – Borough of Middlesex
2
The Borough reserves the right to reject any or all submissions due to any defects or waive informalities
and accept any submissions that in their judgment will be in the best interest of the Borough. Questions
concerning this notice may be directed to Michael La Place, Borough Administrator,
mlaplace@middlesexboro-nj.gov.
Date Advertised: November 7, 2024
Carmen Modica
Purchasing Agent
RFP – Professional Services 2025 – Borough of Middlesex
3
BOROUGH OF MIDDLESEX
GENERAL INSTRUCTIONS
1. Introduction
The Borough of Middlesex, Middlesex County, State of New Jersey (hereinafter called the “OWNER”)
invites submissions for the service(s) mentioned in the Public Notice for Professional Services
Qualifications and Rates for 2025.
This contract is to furnish and deliver various professional services for the Borough of Middlesex
through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et. seq.
2. Administrative Conditions and Requirements
The following items express the conditions and requirements of this RFP. Together with the other RFP
sections, they apply to the RFP process, the subsequent contract, and project production. Any proposed
change, modification, or exception to these conditions and requirements may be the basis for the owner
to determine the proposal as non-responsive to the RFP and will be a factor in the determination of an
award of a contract. The contents of the proposal of the successful respondent, as accepted by the owner,
will become part of any contract awarded as a result of this RFP.
2.1 Proposal Submission Information
Submission Date and Time: Wednesday, December 4, 2024 at 11:00am
One (1) Original signed in ink & one (1) copy of the RFP response.
Submission Office:
Purchasing Agent, Clerk’s Office
1200 Mountain Avenue
Middlesex, NJ 08846
Each submission must be provided on a Standardized Submission Form as supplied in the submission
package and signed by the professional services entity or principal thereof. All prices and amounts must
be written in ink or preferably typewritten. Each signatory to the submission must initial all erasures or
corrections. If submitting for more than one (1) professional service, you must submit separate
proposals for EACH service.
Each submission shall be contained in a sealed envelope addressed to: Purchasing Agent, Borough of
Middlesex, 1200 Mountain Ave., Middlesex, NJ 08846, and said envelope shall specify the appointment
Title/Professional Service for which the submission is provided. The submission is to be clearly marked
(indicating the category of the professional service) – “Sealed Submission Enclosed” (e.g., Borough
Auditor – sealed submission enclosed) and must be delivered at the place and time required or mailed so
as to be received prior to the opening time set in the advertisement. Submissions received after the hour
herein named or in unsealed envelopes shall not be considered. The original proposal shall be signed in
ink and marked to distinguish it from the one (1) copy. Faxed or emailed proposals will NOT be
accepted.
The 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.
Responses delivered before the submission date and time specified above may be withdrawn upon
written application of the respondent who shall be required to produce evidence showing that the
individual is or represents the principal or principals involved in the proposal. After the submission date
and time specified above, responses must remain firm for a period of sixty (60) days.
RFP – Professional Services 2025 – Borough of Middlesex
4
The submission shall be accompanied by: (1) Non-Collusion Affidavit, (2) Disclosure of Ownership
Form, (3) Insurance Requirement Acknowledgement Form, (4) Mandatory Equal Employment
Opportunity Notice Acknowledgement, (5) Copy of the applicable Business Registration Certificate, (6)
Professional Services Entity Information Form, (7) Qualifications Submission, (8) Disclosure of
Investment Activities in Iran and (9) Acknowledgement of Corrections, Additions or Deletions Form,
(10) Proposal Cost/Signature Form.
2.2 Borough Representative for this Solicitation
Questions by prospective respondents concerning this RFP may be addressed to Michael La Place in
writing via email mlaplace@middlesexboro-nj.gov . Please note the aforementioned contact is
authorized only to direct the attention of prospective respondents to various portions of the requirements
so that they may read and interpret each portion for themselves. NO employee of the Borough of
Middlesex is authorized to give interpretations of any portion of this RFP or to give information as to the
requirements for the RFP in addition to that already contained in the RFP unless as a formal addendum.
Interpretations of the RFP or additional information as to its requirements, when necessary, shall be
communicated to prospective respondents only by written addendum issued by the Purchasing Agent of
the Borough of Middlesex.
Please identify the contract name and note Request for Information as the subject line when submitting
a request by fax or email.
2.3 Interpretations and Addenda
Respondents are expected to examine the RFP with care and observe all its requirements. All questions
about the meaning or intent of this RFP, all interpretations and clarifications considered necessary by the
owner’s representative in response to such comments and questions will be issued by Addenda mailed or
delivered to all parties recorded as having received the RFP package. Only comments and questions
responded to by formal written Addenda will be binding. Oral interpretations, statements or
clarifications are without legal effect.
2.4 Quantities of Estimate
Wherever the estimated quantities of work to be done are shown in any section of this RFP, including
the Proposal Cost Form, they are given for use in comparing proposals. The owner especially reserves
the right (except as herein otherwise specifically limited) to increase or diminish the quantities as may
be deemed reasonably necessary or desirable by the owner to complete the work detailed in the contract.
Such increase or diminution shall in no way violate this contract, nor shall any such increase or
diminution give cause for claims or liability for damages.
2.5 Cost Liability and Additional Costs
The owner assumes no responsibility and liability for costs incurred by the respondents prior to the
issuance of an agreement. The liability of the owner shall be limited to the terms and conditions of the
contract.
Respondents will assume responsibility for all costs not stated in their proposals. All unit rates either
stated in the proposal or used as a basis for its pricing are required to be all-inclusive. Additional
charges, unless incurred for additional work performed by request of the owner as noted in 2.4, are not
to be billed and will not be paid.
RFP – Professional Services 2025 – Borough of Middlesex
5
2.6 Statutory and Other Requirements
2.6.1 Compliance with Laws
Any contract entered into between the contractor and the owner must be in accordance with and subject
to compliance by both parties with the New Jersey Local Public Contracts Law. The contractor must
agree to comply with the non-discrimination provisions and all other laws and regulations applicable to
the performance of services there under. The respondent shall sign and acknowledge such forms and
certificates as may be required by this section.
2.6.2 Mandatory EEO/Affirmative Action Compliance - N.J.S.A 10:5-31 et seq. and N.J.A.C 17:27
et seq.
No firm shall be issued a contract unless it complies with the EEO/Affirmative Action requirements of
P. L. 1975, C. 127 as identified in the documents attached hereto. The form shall be properly executed.
2.6.3 Americans with Disabilities Act of 1990 - 42 U.S.C. S121 01 et seq.
Discrimination on the basis of disability in contracting for the delivery of services is prohibited.
Respondents are required to read American with Disabilities language that is part of the documents
attached hereto and agree that the provisions of Title II of the Act are made part of the contract. The
contractor is obligated to comply with the Act and hold the owner harmless.
2.6.4 Statement of Corporate Ownership-Stockholder Disclosure - N.J.S.A. 52:25-24.2 (P.L. 1977
c.33)
In accordance with N.J.S.A. 52:25-24.2, no corporation, partnership, limited partnership, limited liability
corporation, limited liability partnership, Subchapter S corporation or sole proprietorship, shall be
awarded a contract, unless prior to the receipt of the RFP response/bid or accompanying the RFP
response/bid of the corporation, partnership, limited partnership, limited liability corporation, limited
liability partnership, Subchapter S corporation or sole proprietorship, there is submitted to the Borough a
statement setting forth the names and addresses of all stockholders who own 10% or more of the stock,
of any class or of all individual partners who own a 10% or greater interest in the corporation,
partnership, limited partnership, limited liability corporation, limited liability partnership, Subchapter S
corporation or sole proprietorship. If one or more such stockholder or partner is itself a corporation or
partnership, the stockholders holding 10% or more of that corporation’s stock, or the individual partners
owning 10% or greater interest in that partnership, as the case may be, shall also be listed. The
disclosure shall be continued until names and addresses of every non-corporate stockholder and
individual partner exceeding the 10% ownership criteria established in this act has been listed. The form
shall be signed and submitted with the RFP proposal/bid whether or not a stockholder or partner owns
less than 10% of the business submitting the RFP proposal/bid. Failure to comply requires mandatory
rejection of the RFP proposal/bid. The Respondent shall complete and submit the form of statement that
is included in this RFP.
2.6.5 Non-Collusion Affidavit - N.J.S.A. 52:34-15
The Non-Collusion Affidavit, which is part of this RFP, shall be properly executed and submitted with
the RFP response.
2.6.6 Proof of N.J. Business Registration Certificate N.J.S.A. 52:32-44
Each bidder (contractor) is required to submit proof of business registration prior to award of the
contract. Proof of registration shall be a copy of the bidder’s Business Registration Certificate (BRC).
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:
RFP – Professional Services 2025 – Borough of Middlesex
6
1. The contractor shall obtain and provide the owner with the BRC of subcontractors
knowingly used on this contract.
2. The contractor shall maintain and submit to the contracting agency a list of
subcontractors and their addresses that may be updated from time to time during the
course of the contract performance. A complete and accurate list shall be submitted
before final payment is made for goods and services rendered under the contract.
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 taxable sales of tangible personal
property delivered into the State.
Failure to submit the BRC with the proposal is NOT a cause for rejection. However, the Borough
prefers the BRC be submitted with the proposal. If it is not provided prior to execution of a contract the
bidder’s bid guarantee shall be forfeited and the contract shall be awarded to the next lowest responsible
bidder.
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 $25.00 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.
A BRC is obtained from the New Jersey Division of Revenue and Enterprise Services. Information on
obtaining a BRC is available on the internet at www.nj.gov/treasury/revenue/busregcert.shtml or by
phone at (609) 292-2929.
Emergency Purchases or Contracts
For purchases of an emergent nature, the contractor shall provide its Business Registration Certificate
within two weeks from the date of purchase or execution of the contract or prior to payment for goods or
services, whichever is earlier.
2.6.7 Pay to Play – Notice of Disclosure Requirement
Business entities are advised of their responsibility to file an annual disclosure statement of political
contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A.
19:44A-20.27 if they receive contracts in excess of $50,000 from public entities in a calendar year.
Business entities are responsible for determining if filing is necessary. Additional information on this
requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.
2.6.8 Assign, Sublet or Transfer Any Rights/Interests
Neither the owner nor the Contractor shall assign, sublet, or transfer any rights or interest in this
Agreement without the prior written consent of the other party. Unless specifically stated to the contrary,
in writing, prior to an assignment, no assignment will release or discharge the assignor from any duty or
responsibility under this Agreement. Nothing herein shall be construed to give any rights or benefits to
anyone other than the owner and the Contractor.
2.6.9 Insurance and Indemnification
If it becomes necessary for the contractor, either as principal or by agent or employee, to enter upon the
premises or property of the owner in order to construct, erect, inspect, make delivery or remove property
hereunder, the contractor hereby covenants and agrees to take use, provide and make all proper,
necessary and sufficient precautions, safeguards, and protection against the occurrence of happenings of
RFP – Professional Services 2025 – Borough of Middlesex
7
any accident, injuries, damages, or hurt to person or property during the course of the work herein
covered and be his/her sole responsibility.
The contractor shall maintain sufficient insurance to protect against all claims under Workers
Compensation, General Liability and Automobile and shall be subject to approval for adequacy of
protection and certificates of such insurance shall be provided.
Indemnification
The contractor agrees to indemnify and save harmless the owner, its officers, agents and employees,
hereinafter referred to as indemnitees, from all suits, including attorney’s fees and costs of litigation,
actions, loss damage, expense, cost of claims, of any character or on account of any act, claim or amount
arising or recovered under Worker’s Compensation law, or arising out of failure of the Contractor or
those acting under Contractor to conform to any statutes, ordinances, regulations, law or court decree. It
is the intent of the parties to this contract that the indemnities shall, in all instances, except for loss or
damage resulting from the sole negligence of the indemnitee, be indemnified against all liability, loss or
damage of any nature whatsoever.
Insurance Requirements:
Worker’s Compensation and Employer’s Liability Insurance
This insurance shall be maintained in full force during the life of this contract by the contractor covering
all employees engaged in performance of this contract pursuant to N.J.S.A. 34:15-12(a) and N.J.A.C.
12:235-1.6. Minimum Employer’s Liability $1,000,000.00.
General Liability Insurance
This insurance shall have limits of not less than $3,000,000.00 any one person and $3,000,000.00 any
one accident for bodily injury and $3,000,000.00 aggregate for property damage and shall be maintained
in force during the life of the contract.
Automobile Liability Insurance
This insurance covering contractor for claims arising from owned, hired and non-owned vehicles with
limits of not less than $3,000,000.00 any one person and $3,000,000.00 any one accident for bodily
injury and $3,000,000.00 each accident for property damage, shall be maintained in force during the life
of this contract by the contractor.
Professional Liability/Malpractice Insurance Policy (if applicable)
Coverage in the amount of $2,000,000.00/occurrence, $4,000,000.00 aggregate and assurance that each
such policy for each staff member remains full and in effect while providing services for owner.
The contractor shall provide the owner with a Certificate of Insurance naming the Borough of Middlesex
as additionally insured, evidencing the existence of required insurance prior to the commission of work.
Said insurance must include coverage for complete operations, contractual insurance and independent
contractor or subcontractor insurance, where and if applicable.
Errors and Omissions Insurance
A.
The contractor shall purchase and maintain during the entire period of this contract, errors
and omissions insurance that shall protect the contractor and the Borough from any and all
claims that may arise out of or result from the contractor’s performance of this contract.
Specifically, the errors and omissions insurance shall have limits of not less than
$2,000,000.00 dollars per occurrence and $4,000,000.00 dollars in the aggregate.
B.
Certificates of the Required Insurance
RFP – Professional Services 2025 – Borough of Middlesex
8
Certificates as listed above shall be submitted along with the contract as evidence covering
Errors and Omissions insurance. Such coverage shall be with acceptable insurance
companies operating on an admitted basis in the State of New Jersey.
The contractor shall provide the Borough with a Certificate of Insurance naming the
Middlesex Borough, its employees, officers, and agents as additionally insured, and
evidencing the existence of required insurance prior to the commission of work.
Middlesex Borough will not accept Mutual Limitation of Liability terms.
2.6.10 Health Insurance Portability and Accountability Act of 1996 - HIPAA (If Applicable)
Both parties agree to comply with all requirements of the Federal Health Insurance Portability and
Accountability Act of 1996 (“HIPAA”) as maybe amended from time to time, and the corresponding
HIPAA regulations for the confidentiality and security of medical information.
The Contractor shall:
• Not use or disclose protected health information other than as permitted or required by law
• Use appropriate safeguards to protect the confidentiality of the information
• Report any use or disclosure not permitted
The contractor, by execution of the contract, shall thereby indemnify and hold the owner harmless from
any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the
failure of the contractor to comply with the requirements of the Health Insurance Portability and
Accountability Act (HIPAA) or any other statute or case law protecting the privacy of persons using its
services.
2.6.11 Proof of Licensure
Proof of licensure for providing Services in the State of New Jersey, for either the firm or the person
responsible for the work, shall be provided as required.
2.6.12 Certification of Prohibited Activities in Russia and Belaurus & Investment Activities in
Iran Pursuant To P.L.2022,c.3
N.J.S.A. 52:32-55 et seq.; P.L. 2022, c. 3 prohibits the award, renewal, amendment, or extension of State
and local public contracts for goods or services with persons or entities engaging in prohibited activities
in Russia or Belarus. P.L. 2012, c.25 prohibits the award or renewal of State and local public contracts
for goods and services with persons or entities engaged in certain investment activities in the energy or
finance sectors of Iran. Before a goods and services contract can be entered into, vendors and contractors
must certify that neither they nor any parent entity, subsidiary, or affiliate is listed on the New Jersey
Department of the Treasury’s list of entities determined to be engaged in prohibited activities in Russia
or Belarus pursuant to P.L. 2022, c. 3 (“Russia-Belarus list”) or in Iran pursuant to P.L. 2012, c. 25
("Chapter 25 list").
2.7 Public Emergency
In the event of a Public Emergency declared at the Local, State or Federal Level, if the owner opts to
extend terms and conditions of this RFP, the contractor agrees to extend the terms and conditions of this
RFP, whether existing, expiring or expired no longer than six months, for goods and/or services for the
duration of the emergency. In the event the original contractor cannot meet this requirement, the owner
may solicit the goods and/or services from any bidder on this contract.
RFP – Professional Services 2025 – Borough of Middlesex
9
2.8 Multiple Proposals Not Accepted
More than one proposal from an individual, a firm or partnership, a corporation or association under the
same or different names shall not be considered.
2.9 Failure to Enter Contract
Should the respondent to whom the contract is awarded, fail to enter into a contract within ten (10) days,
Sundays and holidays excepted, the owner may then, at its option, accept the proposal of another
respondent.
2.10 Commencement of Work
The contractor agrees to commence work after the date of award by the owner and upon notice from the
using department.
2.11 Time of Completion
It is hereby understood and mutually agreed, by and between the respondent and the owner, that the date
on which the work shall be substantially complete as specified in the RFP is an essential condition of
this contract. It is further mutually understood and agreed that the work and contract time embraced in
this Contract shall commence on the date specified and that the resulting contract shall be completed in
sequence and time frames identified by the owner.
The respondent agrees that said services shall be processed regularly, diligently, and uninterruptedly at
such rate of progress as will ensure full completion thereof within the time specified. It is expressly
understood and agreed, by and between the respondent and the owner, that the time of completion of the
services described herein is a reasonable time for the completion of it.
2.12 Termination of Contract
If, through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations under
the Contract or if the contractor violates any requirements of the Contract, the owner shall thereupon
have the right to terminate the Contract by giving written notice to the contractor of such termination at
least thirty (30) days prior to the proposed effective date of the termination. Such termination shall
relieve the owner of any obligation for the balances to the contractor of any sum or sums set forth in the
Contract.
The contractor agrees to indemnify and hold the owner 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 owner under this provision.
In case of default by the contractor, the owner may procure the articles or services from other sources
and hold the contractor responsible for any excess cost occasioned thereby.
2.13 Non-Allocation of Funding Termination
Each fiscal year payment obligation of the Owner is conditioned upon the availability of Owner funds
appropriated or allocated for the payment of such an obligation. If funds are not allocated and available
for the continuance of any services performed by the Contractor hereunder, whether in whole or in part,
the Owner at the end of any particular fiscal year may terminate such services. The Owner will notify
the Contractor in writing immediately of any services that will be affected by a shortage of appropriated
funds. This provision shall not be construed so as to permit the Owner to terminate this Agreement
during the term, or any service hereunder, merely in order to acquire identical services from a third-party
contractor.
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2.14 Force Majeure
Neither party shall be responsible for any resulting loss or obligation to fulfill duties as specified in any
of the terms or provisions of this Agreement if the fulfillment of any term or provision of this
Agreement is delayed or prevented by any revolutions, insurrections, riots, wars, acts of enemies,
national emergencies, strikes, floods, fires, acts of God, or by any cause not within the control of the
party whose performance is interfered with which by the exercise of reasonable diligence such party is
unable to prevent. Additionally, if the fulfillment of any of the terms and provisions of this Agreement
is delayed or prevented by any court order, or action or injunction or other such agreement, this
Agreement shall become voidable by the Borough of Middlesex by notice to each party.
2.15 The Owner and the Contractor each bind themselves and their successors, executors,
administrators, heirs and assigns and legal representatives of the other party respecting all covenants and
agreements and obligations of this contract.
2.16 The terms of this contract shall be construed and interpreted, and all respective rights and duties of
the parties shall be governed by the laws of the State of New Jersey.
2.17 Challenge of Specifications
Any respondent who wishes to challenge a specification shall file such challenge in writing with the
Purchasing Agent no less than three (3) business days prior to the opening of the RFP's.
Challenges filed after that time shall be considered void and having no impact on the owner or the award
of contract.
2.18 Payment
Invoices shall be submitted monthly and must specify, in detail, the period for which payment is
claimed, the services performed during the prescribed period, the amount claimed and correlation
between the services claimed, all backup documentation (mileage, time logs, receipts for expenses, etc.),
amount remaining in total balance, and the Proposal Cost Form.
The Borough of Middlesex will provide a sample Progress Report and Invoice for the Hired Consultant
to ensure compliance.
The owner may withhold all or partial payments on account of subsequently discovered evidence
including but not limited to the following:
1. Deliverables not complying with the project specification;
2. Claims filed or responsible evidence indicating probability of filing claims;
3. A reasonable doubt that the Contract can be completed for the balance then unpaid.
When the above grounds are removed, payment shall be made for amounts withheld because of them.
Invoices shall specify, in detail, the period for which payment is claimed, the services performed during
the prescribed period, the amount claimed and correlation between the services claimed and the Proposal
Cost Form.
2.19 Non-payment of Penalties and Interest on Overdue Bills
Public funds may be used to pay only for goods delivered or services rendered. The Borough of
Middlesex will not pay penalties and/or interest on overdue bills. No employee is authorized to sign a
letter of credit or any other document that represents a legal commitment on the part of the Borough to
pay additional fees.
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2.20 Ownership of Material
The owner shall retain all of its rights and interest in any and all documents and property both hard copy
and digital furnished by the owner to the contractor for the purpose of assisting the contractor in the
performance of this contract. All such items shall be returned immediately to the owner at the expiration
or termination of the contract or completion of any related services, pursuant thereto, whichever comes
first. None of the documents and/or property shall, without the written consent of the owner, be
disclosed to others or used by the contractor or permitted by the contractor to be used by their parties at
any time except in the performance of the resulting contract.
Ownership of all data, materials and documentation originated and prepared for the owner pursuant to
this contract shall belong exclusively to the owner. All data, reports, computerized information,
programs and materials related to this project shall be delivered to and become the property of the owner
upon completion of the project. The contractor shall not have the right to use, sell, or disclose the total of
the interim or final work products, or make available to third parties, without the prior written consent of
the owner.
Under state and federal statutes, certain government records are protected from public disclosure. The
Borough, the Contractor and any Subcontractors have a responsibility and an obligation to safeguard
from public access an employee's personal information with which it has been entrusted when disclosure
thereof would violate the employee's reasonable expectation of privacy. All payroll, personnel and
health insurance related files are confidential. Additionally, the Contractor and any Subcontractors may
be privy to sensitive law enforcement information or investigations during their review which must
remain confidential. The Borough reserves the right to make any public disclosure under the law. Also,
among government records deemed confidential are administrative or technical information regarding
computer hardware, software and networks that, if disclosed, would jeopardize computer security. The
Contractor and any Subcontractor(s) are prohibited from the sale or distribution of all supplied
information to any third party.
2.21 Source of Specifications/RFP Packages
Official Request for Proposal (RFP) packages for routine goods and services are available from
www.middesexboro-nj.gov at no cost to the prospective respondents. All addenda are posted on this
site. Potential respondents are cautioned that they are responding at their own risk if a third party
supplied the specifications that may or may not be complete. The Borough is not responsible for third
party supplied RFP documents.
2.22 Altering Official Document
Respondents shall not write in any margins or alter the official content of Borough’s RFP document.
2.23 RFP Preparation of Forms
RFPs must be signed in ink by the respondent; all quotations shall be made with a typewriter/computer
or pen and ink. Any quotation showing any erasure alteration must be initialed by the respondent in ink.
Unit prices and totals are to be inserted in spaces provided.
2.24 W-9
Successful bidder/respondent shall complete W-9 Form and submit to Finance prior to contract award.
The form is available at the following link: www.irs.gov/pub/irs-pdf/fw9.pdf
2.25 Resubmissions
In the case of Resubmissions for Bids or RFP’s, bidders are cautioned to use and submit only documents
of the current active bid. Prior bid documents, (original or any prior resubmission), are invalid as those
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opportunities no longer legally exist. Submission of any forms or documents from a prior bid or
resubmission shall be reason to find your bid for the current opportunity non-responsive.
3. SCOPE OF WORK (SOW)
The following is a description of the professional services needed, including where appropriate, a
description of tasks involved:
AUDITING SERVICES for the preparation of the annual audit and annual financial statements of the
Borough. The minimum threshold criteria that will be utilized for the evaluation of the responses shall
be as follows:
1) The auditor signing the opinion letter must be a certified public accountant and a registered
municipal accountant
2) Provide evidence of professional liability insurance
3) Experience in providing advice and recommendations in the review of capital project requests
and timing and issuing of debt instruments by public bodies
4) Experience in the budgeting process and preparation of audits and annual financial statements for
public entities for a minimum of five (5) years; and
5) Knowledge of the Borough and its operations
ENGINEERING SERVICES for the general operations of the Borough. The minimum threshold
criteria that will be utilized for the evaluation of the responses shall be as follows:
1) Licensed to provide engineering services in the State of New Jersey for a minimum of five (5)
years
2) Evidence of professional liability insurance
3) Provide evidence of professional liability insurance
4) Representation of government entities for a minimum of five (5) years
5) Experience in submitting Federal and State of New Jersey Grant Applications for various infra-
structure improvement projects
6) Experience in State of New Jersey Stormwater Management requirements, including preparation
of Stormwater Pollution Prevention Plan; and
7) Knowledge of the Borough and its operations
ENGINEERING SERVICES – ALTERNATE for the general operations of the Borough. The
minimum threshold criteria that will be utilized for the evaluation of the responses shall be as follows:
1) License to provide engineering services in the State of New Jersey for a minimum of five (5)
years
2) Evidence of professional liability insurance
3) Provide evidence of professional liability insurance
4) Representation of government entities for a minimum of five (5) years
5) Experience in submitting Federal and State of New Jersey Grant Applications for various infra-
structure improvement projects
6) Experience in State of New Jersey Stormwater Management requirements, including preparation
of Stormwater Pollution Prevention Plan; and
7) Knowledge of the Borough and its operations
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ENGINEERING SERVICES - LAND USE BOARD. The minimum threshold criteria that will be
utilized for the evaluation of responses shall be as follows:
1) Licensed to provide engineering services in the State of New Jersey for a minimum of five (5)
years
2) Evidence of professional liability insurance
3) Representation of government entities for a minimum of five (5) years
4) Experience in review of land use and site plan applications and all related reviews for a
minimum of five (5) years
5) Experience and knowledge of the laws and regulations controlling zoning, development and land
use
6) Experience and knowledge of DEP laws and regulations; and
7) Knowledge of the Borough Land Use Board and its applications
ENGINEERING SERVICES - ENVIRONMENTAL for the Borough of Middlesex. The minimum
threshold criteria that will be utilized for the evaluation of responses shall be as follows:
1) Licensed to provide environmental engineering services in the State of New Jersey for a
minimum of five (5) years
2) Evidence of professional liability insurance
3) Experience with environmental site assessment regulations of the New Jersey Department of
Environmental Protection and the United States Environmental Protection Agency including site
remediation and brownfield development
4) Experience with remediation procedures dealing with underground storage tanks and
surrounding facilities
5) Experience with all phases of landfill monitoring, including preparation and submission of all
documents as required by the State of New Jersey Department of Environmental Protection
6) Representation of government entities for a minimum of five (5) years; and
7) Knowledge of the Borough and its operations
LEGAL COUNSEL – BOND - The Borough requires legal services for the representation of the
Borough in issuing bonds and financing. The minimum threshold criteria that will be utilized for the
evaluation of the responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Representation of government entities in the field of public finance for a minimum of five (5)
years; and
4) Knowledge of the Borough and its operations
LEGAL COUNSEL – MUNICIPAL ATTORNEY - The Borough requires general legal counsel. The
minimum threshold criteria that will be utilized for the evaluation of the responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Experience in field of municipal law representing governmental entities including preparation of
ordinances and resolutions, tax appeals, property acquisitions, knowledge of rehabilitation laws
and tax abatement laws and condemnation proceedings for a minimum of five (5) years
4) Knowledge of the Borough and its operation
5) Draft or approve as to form and sufficiency all legal documents, contracts, deeds, ordinances and
resolutions made, executed or adopted by or on behalf of the Borough
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6) With appropriate approval, conduct appeals from orders, decisions or judgments affecting any
interest of the Borough as the Attorney may in his/her discretion determine to be necessary or
desirable, or as directed by Mayor and Council
7) Subject to the approval of Mayor and Council, have the power to enter into any agreement,
compromise or settlement of any litigation in which the Borough is involved
8) Render opinions in writing upon any question of law submitted to the Attorney by the Mayor,
Council, or any member thereof, or the head of any department, with respect to their official
powers and duties and shall perform such other duties as may be necessary to provide legal
counsel to the Mayor, Borough Council and Clerk in the administration of the municipal affairs
9) Supervise and direct the work of such additional attorneys and technical professional assistants
as the Council may authorize for special or regular employment in or for the Borough; and
10) Have such other different functions, powers and duties as may be provided by general law or
ordinance
LEGAL COUNSEL – CONFLICT MUNICIPAL ATTORNEY - The Borough requires general legal
counsel. The minimum threshold criteria that will be utilized for the evaluation of the responses shall be
as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Experience in field of municipal law representing governmental entities including preparation of
ordinances and resolutions, tax appeals, property acquisitions, knowledge of rehabilitation laws
and tax abatement laws and condemnation proceedings for a minimum of five (5) years
4) Knowledge of the Borough and its operation
5) Draft or approve as to form and sufficiency all legal documents, contracts, deeds, ordinances and
resolutions made, executed or adopted by or on behalf of the Borough
6) With appropriate approval, conduct appeals from orders, decisions or judgments affecting any
interest of the Borough as the Attorney may in his/her discretion determine to be necessary or
desirable, or as directed by Mayor and Council
7) Subject to the approval of Mayor and Council, have the power to enter into any agreement,
compromise or settlement of any litigation in which the Borough is involved
8) Render opinions in writing upon any question of law submitted to the Attorney by the Mayor,
Council, or any member thereof, or the head of any department, with respect to their official
powers and duties and shall perform such other duties as may be necessary to provide legal
counsel to the Mayor, Borough Council and Clerk in the administration of the municipal affairs
9) Supervise and direct the work of such additional attorneys and technical professional assistants
as the Council may authorize for special or regular employment in or for the Borough; and
10) Have such other different functions, powers and duties as may be provided by general law or
ordinance
LEGAL COUNSEL - LAND USE BOARD. The Borough requires general legal land use counsel.
The minimum threshold criteria that will be utilized for the evaluation of the responses shall be as
follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Experience in the field of municipal law representing governmental entities including land use
and site plan for a minimum of five (5) years; and
4) Knowledge of the Borough Land Use Board and its operations
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LEGAL COUNSEL – TAX APPEALS - The Borough is seeking legal services for tax appeal
activities of the Borough. The minimum threshold criteria that will be utilized for the evaluation of the
responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Representation of governmental entities in the field of tax appeals, for a minimum of five (5)
years; and
4) Knowledge of the Borough and its operations
LEGAL COUNSEL – MUNICIPAL PROSECUTOR - The Borough requires legal services for the
position of prosecutor of the Middlesex Municipal Court. The minimum threshold criteria that will be
utilized for the evaluation of the responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Experience as a municipal prosecutor for a municipality for a minimum of five (5) years; and
4) Knowledge of the Borough Municipal Court and its operations
LEGAL COUNSEL – LABOR - The Borough requires legal services for the representation of the
Borough regarding labor relations proceedings in which the Borough or any of its officers or agencies
may be a party or have an interest. The minimum threshold criteria that will be utilized for the
evaluation of the responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Knowledge of the Borough and its operations
4) Representation of governmental entities in the field of labor relations for a minimum of (5) years
5) Render opinions in writing upon any question submitted by the Mayor, Borough Clerk or
Administrator working in conjunction with aforesaid municipal officials relating to matters of
labor law and employee practices and policies, where required by the Borough
6) Draft or approve as to form and sufficiency all labor related legal documents and contracts,
executed or adopted by or on behalf of the Borough; and
7) With appropriate approval, conduct appeals from orders, decisions or judgments affecting any
labor interest of the Borough
LEGAL COUNSEL – REDEVELOPMENT - The Borough is seeking legal services for the
redevelopment activities of the Borough. The minimum threshold criteria that will be utilized for the
evaluation of the responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Representation of governmental entities in the field of redevelopment, with particular emphasis
on municipal improvement authorities, for a minimum of five (5) years; and
4) Knowledge of the Borough and its operations
LEGAL COUNSEL – CONFLICT REDEVELOPMENT - The Borough is seeking legal services for
the redevelopment activities of the Borough. The minimum threshold criteria that will be utilized for the
evaluation of the responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
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2) Evidence of professional liability insurance
3) Representation of governmental entities in the field of redevelopment, with particular emphasis
on municipal improvement authorities, for a minimum of five (5) years; and
4) Knowledge of the Borough and its operations
LEGAL COUNSEL – ENVIRONMENTAL - The Borough requires environmental legal counsel. The
minimum threshold criteria that will be utilized for the evaluation of the responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Experience in field of municipal environmental law representing governmental entities for a
minimum of five (5) years
4) Knowledge of the Borough and its operation
5) Draft or approve as to form and sufficiency all legal documents and contracts made, executed or
adopted by or on behalf of the Borough
6) With appropriate approval, conduct appeals from orders, decisions or judgments affecting any
interest of the Borough as the Environmental Attorney may in his/her discretion determine to be
necessary or desirable, or as directed by Mayor and Council
7) Subject to the approval of Mayor and Council, have the power to enter into any agreement,
compromise or settlement of any litigation in which the Borough is involved
8) Render opinions in writing upon any question of environmental law submitted to the Attorney by
the Mayor or Council; and
9) Supervise and direct work of such additional attorneys and technical professional assistants as
the Council may authorize for special or regular employment in or for the Borough
LEGAL COUNSEL – BOARD OF HEALTH - The Borough requires Board of Health legal counsel.
The minimum threshold criteria that will be utilized for the evaluation of the responses shall be as
follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Experience in field of municipal law representing governmental entities including preparation of
ordinances and resolutions, knowledge of rehabilitation laws and tax abatement laws and
condemnation proceedings for a minimum of five (5) years
4) Knowledge of the Board of Health and its operation
5) Draft or approve as to form and sufficiency all legal documents, contracts, ordinances and
resolutions made, executed or adopted by or on behalf of the Board
6) Provide legal advice, research and assistance including office work, correspondence, telephone
calls on all normal and special matters which the Board may require to be addressed by the
attorney
7) Draft all legal documents as may be required by the Board
8) Prepare and defend all litigation affecting the Board or any member of it which is the result of
decisions made on applications or in the normal performance of their official duties
9) Subject to the approval of the Board of Health, have the power to enter into any agreement,
compromise or settlement of any litigation in which the Board is involved
10) Attend meetings of the Board of Health upon request. There is currently a minimum of twelve
(12) meetings per year
11) Be available for telephone consultations with the Chairman of the Board, Secretary of the Board,
the Health Officer and/or any other agents/individuals designated by the Board
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PROFESSIONAL PLANNER – BOROUGH - The Borough requires planning services for the
representation of the Borough. The minimum threshold criteria that will be utilized for the evaluation of
the responses shall be as follows:
1) Licensed as a professional planner by the State of New Jersey for a minimum of five (5) years
2) Experience in preparation of planning of municipal master plan and enacting ordinance
3) Experience in representing municipalities before the Council on Affordable Housing and
preparing housing element and fair share plan
4) Provide evidence of professional liability insurance
5) Representation of governmental entities in the field of planning for a minimum of five (5) years;
and
6) Knowledge of the Borough and its operations.
PROFESSIONAL PLANNER – LAND USE BOARD - The Borough requires planning services for
the representation of the Borough Land Use Board. The minimum threshold criteria that will be utilized
for the evaluation of the responses shall be as follows:
1) Licensed as a professional planner by the State of New Jersey for a minimum of five (5) years
2) Experience in preparation of planning of municipal master plan and enacting ordinances
3) Experience in representing municipalities before the Council on Affordable Housing and
preparing housing element and fair share plan
4) Representation of governmental entities in the field of planning for a minimum of five (5) years
5) Knowledge of the Borough and its operations
6) Experience with state criteria for granting of variances and zoning requirements
7) Provide evidence of professional liability insurance
8) Familiar with development and site plan reviews; and
9) Knowledge of the Borough and its operations
SEWAGE COLLECTION SYSTEM OPERATOR – C-4 OPERATOR - The Borough requires
services of a Licensed Sewage Collection System Operator for the sewage collection services in the
Borough. The minimum threshold criteria that will be utilized for the evaluation of the responses shall
be as follows:
1) Licensed as a professional C-4 License Operator by the State of New Jersey for a minimum of
five (5) years
2) Evidence of professional liability insurance
3) Representation of governmental entities in the field of sewage collection, with particular
emphasis on municipal authorities, for a minimum of five (5) years
4) Knowledge of the Borough and its operations
5) Experience with NJDEP interaction with regards to municipal systems
6) Experience with requirements and submittal of reports submitted to the MCUA on the systems
operations; and
7) Experience reviewing the data on sewage quality and quantity, and the quarterly charges from
the MCUA and qualified to propose recommended improvements to the collection system and
pumping station to improve operations and reduce infiltration and inflow.
PUBLIC DEFENDER – The Public Defender shall be a licensed Attorney at Law of New Jersey and
shall provide all necessary and desirable legal counsel and advise to those Municipal Court Defendants
who are financially qualified to receive the services of the Public Defender. The Public Defender shall
handle his duties as directed by the Borough Attorney.
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ALTERNATE PUBLIC DEFENDER - The Alternate Public Defender shall be a licensed Attorney at
Law of New Jersey and shall provide all necessary and desirable legal counsel and advice to case related
to 2 other co-defendants already assigned to Public Defenders. The Alternate Public Defender shall
handle his duties as directed by the Municipal Court Judge. Public Defenders court dates are only
scheduled twice a month, usually the first and last Monday of each month.
RISK MANAGEMENT CONSULTANT - The Borough requires a Risk Management Consultant. The
minimum threshold criteria that will be utilized for the evaluation of the responses shall be as follows:
1) Assisting the Borough in identifying its insurable property and casualty exposures and
recommend professional methods to reduce, assume or transfer risk or loss
2) Reviewing with the Borough any additional coverages that should be carried but are not
available from the Middlesex County Joint Insurance Fund (FUND); and, subject to the
Borough’s authorization, place such coverages outside the FUND
3) Reviewing existing insurance coverage levels and advise whether or not those coverage levels
are appropriate
4) Reviewing Certificates of Insurance from contractors, vendors and professionals when requested
by the Borough
5) Marketing the Borough’s insurance needs with the current FUND, other Joint Insurance Funds,
private insurance companies or other venues to obtain the best possible coverage for the lowest
possible cost
6) Assisting where needed in the settlement of claims. The consultant would not be responsible for
work normally done by a public adjuster
7) Attending any meetings that the Borough deems necessary
8) Reviewing the Borough’s assessment as prepared by the FUND and assist the Borough in the
preparation of its annual insurance budget
9) Following up with the FUND for timely issuance of Policies and Endorsement and reviewing
same for accuracy and conformity to specifications
10) Assisting the Borough in the preparation of applications, statements of values, and similar
documents requested by the FUND
11) Reviewing the loss and engineering reports and generally assist the Borough’s Safety
Committee in its loss containment objectives. Attend and participate on the Safety Committee to
promote the safety objectives and goals of the Borough and FUND; and
12) Performing any other risk management related services required by the Borough or FUND’s
bylaws.
GRANT WRITER – The Borough requires a Grant Writer. The minimum threshold criteria that will be
utilized for the evaluation of the responses shall be as follows:
1) Research and identify potential funding sources, public grants, private foundation grants and
possible local and corporate sponsorships. Research shall include a presentation of all grant
requirements and criteria; matching fund requirements; reporting requirements and terms and
conditions of potential grant opportunities.
2) Track county, State and Federal funding opportunities pertinent to the Borough’s objectives.
3) Conduct and facilitate an annual onsite needs assessment and review and develop a plan(s) to
identify funding sources for Borough’s objectives for the year. Coordinate with all Borough
departments to determine if current or planned activities may be eligible for grants.
4) Conduct and prepare responses to all grant proposals, on behalf of various Borough departments,
including narratives and other writing services, statistical gathering, letters of support, budgets,
and final submissions.
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5) Prepare written summaries of all grant reporting requirements, criteria, obligations, matching
find requirements, terms and conditions, deadlines, and evaluation criteria prior to submission.
6) Advise Borough, based on the grant management requirement of each proposal, whether the
grant amount is equitable to the require grant management.
7) Oversight of any administrative services necessary to meet grant requirements, including but not
limited to ongoing reporting requirements and associated coordination with municipal staff.
8) Preparations and review of grant reports and applications as requested by Borough.
9) Coordination with municipal staff to obtain relevant technical details and information required to
generate subject-specific grant content accurately and effectively.
10) Prepare and electronically submit monthly status tracking reports.
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BOROUGH OF MIDDLESEX
EXCEPTIONS
For each exception, the bidder must identify the specific section of specifications by providing the number and
title the exception applies to. It is the responsibility of the bidder to document the equivalence claim in
writing. Submitting product brochures is not an acceptable claim of equivalence.
(IF NONE SO STATE)
USE ADDITIONAL SHEET IF NECESSARY
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4.
Proposal Requirements
4.1 Qualification Statement
A statement is to be provided by the respondent who will serve as the primary contractor. The statement
shall set forth brief details of the firm's principal activities, the number of personnel in the firm and the
firm's location. Please provide a list of (3) three clients for whom similar services have been provided.
Include the following in your response:
1. Name of government agency.
2. Contact person’s name, position, and current telephone number.
3. Dates, cost and scope of service.
4. Status and comments
4.2 Key Personnel Information
The respondent shall provide the identity and the professional credentials of the principals and other key
personnel either working for the contractor and their areas of responsibilities.
4.3 Subcontractors
Respondents may engage the services of subcontractors for completion of this project. If their proposal
involves any subcontractors, full details on the nature of the work to be performed by them and the
location in which the work is to be performed must be provided. The respondent understands that if
selected, the owner prior to initiating any subcontracted work, must approve the use of subcontractors in
writing.
4.4 Proposal Forms
The following forms are contained in the attachments. All forms are required and shall be completed
and made part of the proposal submitted.
1. Proposal Cost/Signature Form
2. Qualifications Submission Form
3. Non-Collusion Affidavit
4. Stockholder Disclosure
5. Insurance Requirement Acknowledgement Form
6. Affirmative Action Statement
7. Professional Service Entity Information Form
8. Acknowledgement of Receipt of Addenda
9. Certification of Prohibited Activities in Russia and Belarus & Investment Activities in Iran
Pursuant to P.L.2022,c.3
4.5 Location of Servicing Office
The proposal must list the location and address of the present, active office that will service and manage
this contract.
5.
Evaluation, Review and Selection Process
5.1 Proposals to Remain Subject to Acceptance
RFP responses shall remain open for a period of sixty (60) calendar days from the stated submittal. The
owner will either award the Contract within the applicable time period or reject all proposals.
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The owner may extend the decision to award or reject all proposals beyond the sixty (60) calendar days
when the proposals of any respondents who consent thereto may, at the request of the owner, be held for
consideration for such longer period as may be agreed.
5.2 Rejection of Proposals
The owner reserves the right to reject any or all proposals, or to reject any proposals if the evidence
submitted by, or investigation of such respondent fails to satisfy the owner that such respondent is
properly qualified to carry out the obligations of the RFP and to complete the work contemplated
therein. The owner reserves the right to waive any minor informality or reject any/or all submissions in
accordance with the Fair & Open Public Solicitation Process for professional services(s) pursuant to P.L.
2004, c.19 (N.J.S.A. 19:44A-20.4 et seq.) in the RFP.
5.3 Evaluation Process
An evaluation team will review all proposals to determine if they satisfy the Proposal Requirements,
determine if a proposal should be rejected and evaluate the proposals based upon the Evaluation Criteria.
The highest-ranking respondent will then be recommended to the governing body for award of contract,
based on most advantageous price and other factors. The Borough reserves the right to reach out to the
respondents to get clarification on Proposals on specific items if necessary, during the deliberation
process.
Evaluation Team – RFP respondents are prohibited from contacting any member of the evaluation team
directly without a formal invitation. If it is found that a respondent has attempted to discuss their
proposal with a team member without an invite, then their proposal may be deemed unresponsive. All
questions during the evaluation period shall be directed to the Purchasing Agent.
5.4 Evaluation Criteria
The criteria considered in the evaluation of each proposal follows. The arrangement of the criteria is not
meant to imply order of importance in the selection process. All criteria will be used to select the
successful respondent.
This will be based on the quality of the content of the RFP and the respondent's ability to communicate a
thorough understanding of the required tasks and the approach to meet the scope of work outlined in the
RFP. The proposals will be evaluated for general compliance with instructions and requests issued in
the RFP. Non-compliance with significant instructions will be grounds for disqualification of proposals.
5.4.1 Understanding of the Requested Work
The proposals will be evaluated for general compliance with instructions and requests issued in the RFP.
Non-compliance with significant instructions shall be grounds for disqualification of proposals.
5.4.2 Knowledge and Technical Competence
This includes the ability of the respondent to perform all of the tasks and fulfill adequately the stated
requirements.
5.4.3 Management, Experience and Personnel Qualifications
Expertise of the firm shall be demonstrated by past contract successes providing government agencies
with similar services. The respondent will be evaluated on knowledge, experience, prior collaboration
and successful completion of projects/services similar to that requested in this RFP.
In addition to relevant experience, respondents shall provide personnel qualifications in the Proposal.
(See 4.1 and 4.2).
RFP – Professional Services 2025 – Borough of Middlesex
23
5.4.4 Ability to Complete the Project/Services in a Timely Manner
This is based on the estimated duration of the tasks and the respondent’s ability to accomplish these
tasks as stated.
5.4.5 Cost
Price shall be based on amount stated on the proposal cost form. Total overall costs to complete the
project, the cost of maintenance, training, etc., or price shall be based on hourly rates and schedules of
fees submitted with the proposal. Any services not included as part of any resulting contract scope of
services must be approved and authorized by the owner before such work is initiated. The owner shall
pay for such approved services, at the rate or cost agreed upon between the owner and contractor,
provided the respondent has provided a schedule of fees for additional services with this RFP.
5.5 Term of the contract
The term of this contract is January 1, 2025 – December 31, 2025. (Options to extend may be exercised
by mutual agreement in accordance with terms of N.J.S.A. 40A:11-4.1 et seq.)
5.6 Notice of Award
The successful respondent will be notified of the award of contract upon a favorable decision by the
governing body.
RFP – Professional Services 2025 – Borough of Middlesex
24
BOROUGH OF MIDDLESEX
PROFESSIONAL SERVICES - 2025
CHECKLIST
PROFESSIONAL SERVICE TITLE: _________________________________________________
Please fill in the appropriate title in the space above.
SUBMISSION DATE: Wednesday, December 4, 2024 at 11:00 AM
The following items, as indicated below (X), shall be provided with the receipt of sealed submissions:
1. Non-Collusion Affidavit …………………………….……………………………… ___X____
2. Stockholder Disclosure Certification ……………………………………….…………. ___X____
3. Insurance Requirement Acknowledgement Form …………..……….……………… ___X____
4. Mandatory Equal Employment Opportunity Notice Acknowledgement ………………___X____
5. Copy of your Business Registration Certificate as issued by the State of
New Jersey, Department of Treasury, Division of Revenue ...……………………….. ___X____
6. Professional Service Entity Information Form ……………………….………………. ___X____
7. Qualifications Submission Form…….………………………………………….……… ___X____
8. Certification of Prohibited Activities In Russia and Belarus & Investment Activities
In Iran Pursuant To P.L.2022,c.3………………………………………………..………. ___X____
9. Acknowledgement of Corrections, Additions or Deletions Form ………………….
___X____
10. Proposal Cost/Signature Form ………………………………..……………..…………..___X____
Reminder
Please submit one (1) original and one (1) additional set of the sealed submission.
Each submission shall be contained in a sealed envelope addressed to: Purchasing Agent,
Borough of Middlesex, 1200 Mountain Ave., Middlesex, NJ 08846 or in the preprinted
envelope supplied with the submission package when available and said envelope shall
specify the Appointment Title/Professional Service for which the submission is provided.
The submission is to be clearly marked (indicating the category of the professional service) –
“Sealed Submission Enclosed” (e.g. Borough Auditor – sealed submission enclosed) and
must be delivered at the place and time required or mailed so as to be received prior to the
opening time set in the advertisement.
Submissions received after the hour herein named or in unsealed envelopes shall not be
considered.
RFP – Professional Services 2025 – Borough of Middlesex
25
BOROUGH OF MIDDLESEX
BID PROPOSAL FORM/SIGNATURE PAGE
PROFESSIONAL SERVICES - 2025
TO THE BOROUGH OF MIDDLESEX:
The undersigned declares that he/she has read the Notice, Instructions, Affidavits and Scope of
Services attached, that he/she has determined the conditions affecting the bid and agrees, if this
bid is accepted, to furnish and deliver services per the following:
PROFESSIONAL SERVICES
FEE SCHEDULE SUBMITTED Yes No
(Corporation)
The undersigned is a (Partnership) under the laws of the State of __________________________ having its
(Individual)
Principal office at
Company
Federal I.D. # or Social Security #
Address
Signature of Authorized Agent
Type or Print Name
Title of Authorized Agent
Date
Telephone Number
Email Address
Fax Number
RFP – Professional Services 2025 – Borough of Middlesex
26
BOROUGH OF MIDDLESEX
QUALIFICATIONS SUBMISSION FORM
1.
Names and roles of the individuals who will perform the services and description of
their education and experience with projects similar to the services contained herein
including their education, degrees and certifications:
2.
References and record of success of same or similar service:
3.
Description of ability to provide the services in a timely fashion (including staffing,
familiarity and location of key staff):
RFP – Professional Services 2025 – Borough of Middlesex
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4. Cost details, including the hourly rates of each of the individuals who will perform
services, including their title, level of expertise and years of experience, and all expenses:
Firm __________________________________________ Date: _________________________
Authorized Representative (Print):___________________________________________________
Signature: ________________________ Title:________________________________________
Telephone #: _____________________ Fax #: ______________________________________
RFP – Professional Services 2025 – Borough of Middlesex
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BOROUGH OF MIDDLESEX
PROFESSIONAL SERVICE ENTITY INFORMATION FORM
If the Professional Service Entity is an INDIVIDUAL, sign name and give the following information:
Name:______________________________________________________________________________________________
Address:_____________________________________________________________________________________________
Telephone No.: ____________________Social Security No.:___________________________________________________
Fax No.: _______________________ E-Mail: _____________________________________________________________
If individual has a TRADE NAME, give such trade name:
Trading As: _________________________________ Telephone No.: ___________________________________________
****************************************************************************************************
If the Professional Service Entity is a PARTNERSHIP, give the following information:
Name of
Partners:_____________________________________________________________________________________________
Firm
Name:_______________________________________________________________________________________________
Address:_____________________________________________________________________________________________
Telephone No.: ____________________________ Federal I.D. No.:_____________________________________________
Fax No.: ______________________ E-Mail:_______________________________________________________________
Social Security No.:___________________________________________________________________________________
Signature of authorized agent:____________________________________________________________________________
****************************************************************************************************
If the Professional Service Entity is INCORPORATED, give the following information:
State under whose laws incorporated:_____________________________________________________________________
Location of principal office:_____________________________________________________________________________
Telephone No.: ____________________ Federal I.D. No.: ____________________________________________________
Fax No.: _______________________ E-Mail:_______________________________________________________________
Name of agent in charge of said office upon whom notice may be legally served:
____________________________________________________________________________________________________
Telephone No.: ___________________Name of Corporation: __________________________________________________
Signature: By: __________________________________________________________
Title: Address: ______________________________________________________________
RFP – Professional Services 2025 – Borough of Middlesex
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BOROUGH OF MIDDLESEX
OWNERSHIP STATEMENT - STOCKHOLDER DISCLOSURE FORM
LEGAL NAME OF BIDDER: ___________________________________________________________
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
Other, Please List __________________________________
List the names and addresses of all stockholders who own ten (10%) percent or more of the above company’s stock, and if
there are NO STOCKHOLDERS OF 10% OR MORE, simply check the second box below. If one or more such
stockholders or partner is itself a corporation or partnership, the stockholders holding 10% or more of that corporation's
stock, or the individual partners owning 10% of that corporation's stock, or the individual partners owning 10% or greater
interest in that partnership, as the case may be, must also be listed.
The disclosure shall be continued until names and addresses of every person who is a non-corporate
stockholder, or individual partner, exceeding the 10% ownership criteria established in this act, has been
listed, in full compliance with Chapter 33 of the New Jersey Public Laws of 1977.
BIDDERS/RESPONDENTS MUST CHECK THE APPROPRIATE BOX:
I certify that the list below contains the names and addresses of all stockholders holding 10% or more of the issued
and outstanding stock of the undersigned.
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned.
Publicly Traded - For publicly traded entities to comply with N.J.S.A. 52:25-24.2 they may submit the name and address
of each publicly traded entity, and the name and address of each person holding 10% or more beneficial interest in the
publicly traded entity as of the last annual filling with the Security Exchange Commission (SEC), or foreign equivalent
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing, or foreign equivalent:
____________________________________________________________________________________________
The requested information is available on the following page number(s) of the SEC, or foreign equivalent, filing:
____________________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
(Note: Attach additional pages if necessary)
________________________________________________________________
______________
(Respondent/Respondent Authorized Signature)
(Date)
___________________________________________
______________________________________
(Print name of authorized signatory)
(Title)
RFP – Professional Services 2025 – Borough of Middlesex
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BOROUGH OF MIDDLESEX
NON-COLLUSION AFFIDAVIT
State of _____________
County of _____________
ss:
I, _____________________________ of the City of _______________________________
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 bidder making this Proposal for the above named project, and that I executed the said proposal
with full authority so to do; that said bidder has not, directly or indirectly entered into any
agreement, participated in any collusion, or otherwise taken any action in restraint of free,
competitive bidding in connection with the above named project; and that all statements contained
in said proposal and in this affidavit are true and correct, and made with full knowledge that the
Borough of Middlesex 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_________________________________.
(Name of Contractor)
(N.J.S.A. 52:34-15)
Subscribed and sworn to
Before me this _______day
Of ___________, _______.
Signature
(Type or print name of affiant under signature)
_______________________________________
Notary public of
My Commission expires ___________________.
RFP – Professional Services 2025 – Borough of Middlesex
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BOROUGH OF MIDDLESEX
INSURANCE REQUIREMENTS AND ACKNOWLEDGEMENT FORM
Certificate(s) of Insurance shall be filed with the Borough Clerk’s Office upon award of
contract by the Mayor and Borough Council.
The minimum amount of insurance to be carried by the Professional Service Entity shall
be as follows:
PROFESSIONAL LIABILITY INSURANCE
Limits shall be a minimum of $2,000,000.00 for each claim and $4,000,000.00
aggregate each policy period.
Acknowledgement of Insurance Requirement:
________________________________________________________________
(Signature)
(Date)
________________________________________________________________
(Printed Name and Title)
RFP – Professional Services 2025 – Borough of Middlesex
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EXHIBIT A
EEO/AFFIRMATIVE ACTION COMPLIANCE NOTICE
N.J.S.A. 10:5-31 and N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance
to the Borough and Division of Public Contracts Equal Employment Opportunity Compliance. During
a review, Division representatives will review the Borough files to determine whether the
affirmative action evidence has been submitted by the vendor/contractor. Specifically, each
vendor/contractor shall submit to the Borough, prior to execution of the contract, one of the
following documents:
Goods and General Service Vendors
1. Letter of Federal Approval indicating that the vendor is under an existing federally approved or
sanctioned affirmative action program. A copy of the approval letter is to be provided by the
vendor to the Borough and the Division. This approval letter is valid for one year from the date
of issuance.
Do you have a federally-approved or sanctioned EEO/AA program?
Yes
No
If yes, please submit a photo static copy of such approval.
2. A Certificate of Employee Information Report (hereafter “Certificate”), issued in accordance with
N.J.A.C. 17:27-1.1 et seq. The vendor must provide a copy of the Certificate to the Borough as
evidence of its compliance with the regulations. The Certificate represents the review and
approval of the vendor’s Employee Information Report, Form AA-302 by the Division. The
period of validity of the Certificate is indicated on its face. Certificates must be renewed prior to
their expiration date in order to remain valid.
Do you have a State Certificate of Employee Information Report Approval?
Yes
No
If yes, please submit a photo static copy of such approval.
3. The successful vendor shall complete an Initial Employee Report, Form AA-302 and submit it to
the Division with $150.00 Fee and forward a copy of the Form to the Borough. Upon submission
and review by the Division, this report shall constitute evidence of compliance with the
regulations. Prior to execution of the contract, the EEO/AA evidence must be submitted.
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on
the Division website www.state.nj.us/treasury/contract_compliance.
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal
Employment Opportunity Compliance, with a copy to Public Agency.
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 and N.J.A.C. 17:27 and agrees to furnish the required forms of
evidence.
The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27.
COMPANY: ______________________________ SIGNATURE: ____________________________
PRINT NAME:___________________________ TITLE: __________________________________
DATE: __________________
RFP – Professional Services 2025 – Borough of Middlesex
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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 Borough employment goals
established in accordance with N.J.A.C. l7:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited
to, employment agencies, placement bureaus, colleges, universities, 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 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 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 www.state.nj.us/treasury/contract_compliance).
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.
RFP – Professional Services 2025 – Borough of Middlesex
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SAMPLE CERTIFICATE OF EMPLOYEE INFORMATION REPORT
RFP – Professional Services 2025 – Borough of Middlesex
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BOROUGH OF MIDDLESEX
AMERICANS WITH DISABILITIES ACT OF 1990
Equal Opportunity for Individuals with Disability
The Contractor and the Owner, do hereby agree that the provisions of Title 11 of the Americans
With Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 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 owner
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 owner in any action or administrative proceeding commenced pursuant
to this Act. The contractor shall indemnify, protect, and save harmless the 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 owner’s
grievance procedure, the contractor agrees to abide by any decision of the owner which is rendered
pursuant to said grievance procedure. If any action or administrative proceeding results in an
award of damages against the owner, or if the 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 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 owner or any of its agents, servants, and
employees, the owner shall expeditiously forward or have forwarded to the contractor every
demand, complaint, notice, summons, pleading, or other process received by the owner or its
representatives.
It is expressly agreed and understood that any approval by the 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 owner pursuant to this
paragraph.
It is further agreed and understood that the 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 owner from taking any other actions available to it
under any other provisions of the Agreement or otherwise at law.
RFP – Professional Services 2025 – Borough of Middlesex
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BOROUGH OF MIDDLESEX
THESE ARE SAMPLES OF THE ONLY ACCEPTABLE
BUSINESS REGISTRATION CERTIFICATES
PREFER SUBMITTED WITH BID RESPONSE
REQUIRED BY LAW PRIOR TO AWARD OF CONTRACT
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CERTIFICATION OF NON‐INVOLVEMENT IN
PROHIBITED ACTIVITIES IN RUSSIA OR BELARUS
Pursuant to N.J.S.A. 52:32-60.1, et seq. (L. 2022, c. 3) any person or entity (hereinafter “Vendori”) that seeks to
enter into or renew a contract with a State agency for the provision of goods or services, or the purchase of bonds
or other obligations, must complete the certification below indicating whether or not the Vendor is identified on the
Office of Foreign Assets Control (OFAC) Specially Designed Nationals and Blocked Persons list, available here:
https://sanctionssearch.ofac.treas.gov/. If the Department of the Treasury finds that a Vendor has made a
certification in violation of the law, it shall take any action as may be appropriate and provided by law, rule or
contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the
party in default and seeking debarment or suspension of the party.
I, the undersigned, certify that I have read the definition of “Vendor” below, and have reviewed the Office of
Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, and having done so
certify:
(Check the Appropriate Box)
A. That the Vendor is not identified on the OFAC Specially Designated Nationals and Blocked Persons list
on account of activity related to Russia and/or Belarus.
OR
B. That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially
Designated Nationals and Blocked Persons list on account of activity related to Russia and/or Belarus.
OR
C. That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially
Designated Nationals and Blocked Persons list. However, the Vendor is engaged in activity related to
Russia and/or Belarus consistent with federal law, regulation, license or exemption. A detailed description
of how the Vendor’s activity related to Russia and/or Belarus is consistent with federal law is set forth
below.
Signature of Vendor’s Authorized Representative
Date
Print Name and Title of Vendor’s Authorized Representative
Vendor Name
Vendor Phone Number
Vendor Address (Street Address)
Vendor Fax Number
Vendor Address (City/State/Zip Code)
Vendor Email Address for Authorized Representative
______________________________________________
i Vendor means: (1) A natural person, corporation, company, limited partnership, limited liability partnership, limited liability company,
business association, sole proprietorship, joint venture, partnership, society, trust, or any other nongovernmental entity, organization, or
group; (2) Any governmental entity or instrumentality of a government, including a multilateral development institution, as defined in
Section 1701(c)(3) of the International Financial Institutions Act, 22 U.S.C. 262r(c)(3); or (3) Any parent, successor, subunit, direct or
indirect subsidiary, or any entity under common ownership or control with, any entity described in paragraph (1) or (2).
NJ Rev. 1.22.2024
(Attach Additional Sheets If Necessary.)
RFP – Professional Services 2025 – Borough of Middlesex
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Disclosure of Investment Activities in Iran
Person or Entity
Part 1: Certification
COMPLETE PART 1 BY CHECKING EITHER BOX.
Pursuant to Public Law 2012, c. 25, any person or entity that is a successful bidder or proposer, or
otherwise proposes to enter into or renew a contract, must complete the certification below to attest, under
penalty of perjury, that neither the person or entity, nor any parent entity, subsidiary, or affiliate is
identified on the State Department of Treasury's Chapter 25 list as a person or entity engaging in
investment
activities
in
Iran.
The
list
is
found
on
Treasury’s
website
at
www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf.
The Chapter 25 list must be reviewed prior to completing the below certification. If a vendor or contractor
is found to be in violation of law, action may be taken as appropriate and as may provided by law, rule or
contract, including but not limited to imposing sanctions, seeking compliance, recovering damages,
declaring the party in default and seeking debarment or suspension of the party.
I certify, pursuant to Public Law 2012, c. 25, that neither the person or entity
listed above, nor any parent entity, subsidiary, or affiliate thereof is listed on the
N.J. Department of the Treasury’s list of entities determined to be engaged in
prohibited activities in Iran pursuant to P.L. 2012, c. 25 ("Chapter 25 List"). I
further certify that I am the person listed above, or I am an officer or
representative of the entity listed above and am authorized to make this
certification on its behalf. I will skip Part 2 and sign and complete the
Certification below.
OR
I am unable to certify as above because the person or entity and/or a parent entity,
subsidiary, or affiliate thereof is listed on the N.J. Department of the Treasury’s
Chapter 25 list. I will provide a detailed, accurate and precise description of the
activities in Part 2 below sign and complete the Certification below.
RFP – Professional Services 2025 – Borough of Middlesex
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Part 2: Additional Information
PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN
IRAN.
You must provide a detailed, accurate and precise description of the activities of the person or entity, or a
parent entity, subsidiary, or affiliate thereof engaging in investment activates in Iran below and, if more
space is needed, on additional sheets provided by you.
Part 3: Certification of True and Complete Information
I, being duly sworn upon my oath, hereby represent and state that the foregoing information and
any attachments there to the best of my knowledge are true and complete. I attest that I am authorized
to execute this certification on behalf of the above-referenced person or entity.
I acknowledge that the Name of Contracting Unit is relying on the information contained herein
and thereby acknowledge that I am under a continuing obligation from the date of this certification
through the completion of any contracts with the Reference to Contracting Unit to notify the Reference
to Contracting Unit in writing of any changes to the answers of information contained herein.
I acknowledge that I am aware that it is a criminal offense to make a false statement or
misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal
prosecution under the law and that it will also constitute a material breach of my agreement(s) with the
Name of Contracting Unit and that the Reference to Contracting Unit at its option may declare any
contract(s) resulting from this certification void and unenforceable.
Full Name
(Print)
Title
Signature
Date
RFP – Professional Services 2025 – Borough of Middlesex
40
BOROUGH OF MIDDLESEX
ACKNOWLEDGMENT OF RECEIPT OF ADDENDA
The undersigned Bidder hereby acknowledges receipt of the following Addenda:
ADDENDUM
NUMBER
DATE
ACKNOWLEDGE RECEIPT
(Initial)
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
No Addenda were received:
Acknowledged for:
(Name of Bidder)
By:
(Signature of Authorized Representative)
Name:
(Print or Type)
Title:
Date:
RFP – Professional Services 2025 – Borough of Middlesex
41
EXHIBIT A
EVALUATION SHEET
BOROUGH OF
MIDDLESEX
EVALUATORS NAME
Write NA if
category
COMPANY NAME
does not apply.
Understanding the Requested Work
10 Points
Category
0 Points
1 - 2 Points
3 - 4 Points
Points Given
Demonstrates clear
Does not demonstrate clear
Proposal points are
Proposal is clear, readable
understanding
understanding
adequately defined
and precise
0 Points
1 - 2 Points
3 Points
Completeness and
Does not address major
Proposal absent some non-
Proposal complete and
responsiveness to RFP
requirements
critical points
responsive
Compliance with
Does not comply
Complies substantially
Complies with all
instructions and requests
instructions and requests
Knowledge and Professional Compliance
25 Points
Category
0 - 2 Points
3 - 4 Points
5 - 6 Points
Points Given
Education and training of
Minimal training, no formal
Some prior experience, some
High level of education and
employees, suitability to
education, new performer
training and documented
training, well proven
perform the required tasks
performance
performance
0 Points
1 - 2 Points
3 - 7 Points
Does respondent have the
Not adequately documented
Proposal uses some current
Well documented use of the
character, integrity,
technology
latest technologies
reputation, judgment,
experience & efficiency
required by the Professional
0 Points
1 - 2 Points
3 - 4 Points
QA/QC Process
Not adequately documented
QA/QC documented, but
QA/QC documented with
with little oversight
significant oversight
0 Points
1 - 3 Points
4 - 8 Points
Primary Professional vs.
More than one Sub-
Only one Sub-Professional
Primary Professional will do
subcontracted resources
Professional
providing 50% of resources
entire project
depending on nature of sub
to be used
and percentage of project
Ability to Perform Services in a Timely Manner
15 Points
Category
0 Points
1 - 2 Points
3 - 4 Points
Points Given
Scheduling Timeline
Cannot meet schedule
Meets most of schedule
Meets entire schedule
0 - 1 Points
2 - 3 Points
4 - 6 Points
Personnel & Resources
May not be sufficient
Sufficient for project
Dedicated resources
0 - 2 Points
3 - 4 Points
5 Points
Primary Professional
Primary Professional has not
Primary Professional has
No Sub-Professional or a
relationship Sub-
worked with Sub-
limited experience with Sub-
proven record with Sub-
Professionals
Professional
Professional
Professional
RFP – Professional Services 2025 – Borough of Middlesex
42
Management, Experience and Personnel Qualifications
25 Points
Category
0 Points
1 - 2 Points
3 Points
Points Given
Project Management Plan
Not demonstrated as sound
Plan is average
Plan is sound and detailed
Project Management Team
Does not meet qualifications
Qualified but little
Well qualified and has
experience working together
collaborated on similar projects
0 Points
1 -2 Points
3 - 5 Points
Record of reliability and
Not documented
Some documentation
Track record of high quality
quality of service
0 - 1 Points
2 - 4 Points
5 - 7 Points
Scope of Work Experience
Few related projects
Some similar projects
Numerous similar projects
Experience in performing
Limited experience
Good experience
Exceptional experience
similar work by employees
Management, Experience and Personnel Qualifications
25 Points
Category
0 Points
2 Points
3 Points
Points Given
Explanation of costs
Costs not explained
Some correlation provided
Well documented
0 - 4 Points
5 - 10 Points
11 - 15 Points
Cost comparison
Highest third in salary
dollars
Middle third in salary dollars
Lowest third in salary dollars
0 - 1 Points
2 - 3 Points
4 - 6 Points
Other costs, copies, travel, etc
Travel and copy cost in
Copy cost equal to OPRA
costs
None
excess of OPRA
0 Points
1 - 2 Points
3 Points
Additional Services
No needed additional
Possible additional services
Needed additional services
services identified
identified, costs not included
identified and included
TOTAL POINTS AWARDED
--- Document: Addendum #1 ---
BOROUGH OF MIDDLESEX
NOTICE OF ADDENDUM NO. 1
PROFESSIONAL SERVICES RFP – PRIVATE COLLECTION OF MUNICIPAL DEBT SERVICES
Addendum No. 1 has been issued for the Bid pertaining to Professional Services – Private Collection of Municipal Debt Services for
the Borough of Middlesex on October 15, 2024 and posted on Borough website.
Copies of Addendum No. 1 may be seen or procured at the following location: Borough of Middlesex, 1200 Mountain Avenue,
Middlesex, NJ 08846 during regular business hours Monday-Friday, 9:00 a.m. – 4:00 p.m. or on the Borough’s website at
www.middlesexboro-nj.gov.
TO ALL CONCERNED: The original bid specification package for the above referenced project is amended as noted in Addendum
No.1.
CONCERNING QUESTIONS SUBMITTED:
1) Please confirm the due date for this procurement by providing it in response to answers to questions.
ANSWER: Submission of bid proposals is due by Thursday, October 24, 2024 at 11:00am
2) What is the date by which you will answer these questions?
ANSWER: No later than six (6) days prior to proposal opening date.
3) When is the anticipated contract start date?
ANSWER: The term shall begin once the contract approval has been received by the Administrative Director of the
Courts.
4) When is the anticipated award date?
ANSWER: As per NJSA 40A:11-24 – Time for making awards; deposits returned (a) The contracting unit shall award the
contract or reject all bids within such time as may be specified in the invitation to bid, but in no case more than 60 days,
except that the bids of any bidders who consent thereto may, at the request of the contracting unit, be held for
consideration for such longer period as may be agreed.
5) Are bidders permitted to deviate in any way from any manner of quoting fees you may be expecting? For example, if
there is a pricing page in the RFP, can bidders submit an alternate fee structure? If there is no pricing page in the RFP, do
you have any preference for how bidders should quote fees or can bidders create their own pricing categories?
ANSWER: NO. Bidders must comply with all requirements of the Supreme Court Procedures Governing the Private
Collection of Municipal Court Debt, Under L.2009, C. 233.
6) Please describe your level of satisfaction with your current or recent vendor(s) for the same purchasing activity, if
applicable.
ANSWER: Dissatisfied with level of service.
7) To what extent will the location of the bidder’s proposed location or headquarters have a bearing on any award?
ANSWER: The location of the bidder will have no bearing on the award. The bidder MUST be authorized to conduct
collection activities in the State of NJ and have knowledge of NJ regulations in this area.
8) How are fees currently being billed by any incumbent(s), by category, and at what rates?
ANSWER: N/A
9) What estimated or actual dollars were paid last year, last month, or last quarter to any incumbent(s)?
ANSWER: N/A
10) To what extent are these accounts owed by private consumers versus commercial businesses?
ANSWER: None are commercial
11) Will accounts be primary placements, not having been serviced by any other outside collection agency, and/or will you
also be referring secondary placements? If so, should bidders provide proposed fees for secondary placements also?
ANSWER: Accounts will be primary placements.
12) What is the average age of accounts at placement (at time of award and/or on a going-forward basis), by category?
ANSWER: Unknown. Current incumbent has not provided services to date.
13) What is the monthly or quarterly number of accounts expected to be placed with the vendor(s) by category?
ANSWER: 832 (total number of accounts available for placement)
14) What is the monthly or quarterly dollar value of accounts expected to be placed with the vendor(s) by category?
ANSWER: $512,069.35 (total dollar value of accounts available for placement)
15) What has been the historical rate of return or liquidation rate provided by any incumbent(s), and/or what is anticipated
or expected as a result of this procurement?
ANSWER: N/A
16) Can you please indicate what inbound and outbound contact methods, beyond phone calls or letters (such as email and
text), would be permitted by the scope of work?
ANSWER: The Bidder must submit sample of call and mail scripts” to be used in collection activities. These scripts will be
submitted to the (AOC) New Jersey Administrative Office of the Courts and Municipal Court Judge for approval
Carmen Modica, QPA
Purchasing Agent
--- Document: READ MORE ---
BOROUGH OF MIDDLESEX
NOTICE OF INTENT TO AWARD CONTRACT
UNDER A NATIONAL COOPERATIVE PURCHASING AGREEMENT
The Borough of Middlesex intends to participate in the Houston-Galveston Area Council of
Governments (HGAC) contract for the purchase and delivery of one GM Tahoe, Command Vehicle,
Console, Rear Command Cabinet, LED Lighting Package.
Information regarding the contract may be found at Middlesex Borough, Municipal Clerk’s Office,
1200 Mountain Avenue, Middlesex, NJ 08846 between 9 am and 4 pm.
The Borough of Middlesex has joined the Houston-Galveston Area Council of Governments
Cooperative Pricing System. The HGAC contract term for this procurement is July 1, 2024 to June
30, 2025.
It is the intent of the Borough of Middlesex to make a contract award to 10-75 Emergency Lighting
LLC, 14 1st Avenue, Unit 3, Haskell, NJ 07420 as stated in HGAC Contract, pursuant to the proposal
submitted in response to the HGAC advertised competitive, sealed bid.
The Borough of Middlesex is permitted to join national cooperative purchasing agreements under
the authority of N.J.S.A. 52:34-6.2 (b) (3). Comment period ends August 20, 2024 at 10:00 am.
Linda Chismar, Municipal Clerk
--- Document: RFP Re-Bid 2024-003 Tree Inventory Consultant ---
BOROUGH OF MIDDLESEX
NOTICE OF ADDENDUM NO. 1
Tree Inventory Consultant for the Borough of Middlesex, Middlesex, NJ.
Addendum No. 1 has been issued for the RFP pertaining to Tree Inventory Consultant for the
Borough of Middlesex on July 10, 2024 and posted on Borough website.
TO ALL CONCERNED: The original RFP package for the above referenced project is amended as
noted in Addendum No. 1
CONCERNING QUESTIONS:
1. Is there an estimated number of planting spaces to be inventoried?
➢ An estimate for planting spaces has not been determined.
2. There is mention that “planting spaces for newly planted trees shall be greater than four
feet.” Are there any other qualifications for planting spaces, e.g., lack of overhead utility
liens, distances from driveway/intersection/street sign, etc.?
➢ Make notations of overhead utilities, sidewalks and other visible infrastructure.
3. Are planting spaces included in the 7,000 units of the lump sum cost? If not, would it be
preferred for their cost to inventory be included as a separate per unit cost?
➢ Planting spaces shall be a separate line item. If possible, a per unit price and a
bulk estimate is preferred if applicable.
4. The document states that the contract is anticipated to be awarded at the end of August;
is there an expected date to complete all project deliverables?
➢ The expected date of completion has not been determined.
--- Document: RFP - 2024-02 - Professional Planning, Landscape Design and Engineering Consultant ---
RFP – Victor Crowell Park Master Plan – Borough of Middlesex
1
Borough of Middlesex
1200 Mountain Avenue
Middlesex, New Jersey 08846
RFP – 2024-02
PUBLIC NOTICE UNDER A FAIR AND OPEN PROCESS FOR THE SOLICITATION OF
PROFESSIONAL SERVICES AND QUALIFICATIONS AND RATES FOR THE BOROUGH
OF MIDDLESEX VICTOR CROWELL PARK AND THE INCORPORATION OF THE
VICTOR CROWELL ANNEX SITE INTO THE HISTORIC PARK MASTER PLAN
NOTICE IS HEREBY GIVEN that sealed submissions will be received by the Purchasing Agent
or designated representative, for Middlesex Borough, on Tuesday, June 11, 2024 at 11:00 am prevailing
time, in the Municipal Building, 1200 Mountain Avenue, Middlesex, New Jersey 08846, then publicly
opened for the following positions:
•
Professional Planning, Landscape Design and Engineering Consultant
All professional service contractors are required to comply with 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). The submission
package is available from the Borough’s website www.middlesexboro-nj.gov or may be obtained at the
Clerk’s Office, Municipal Building,1200 Mountain Avenue, Middlesex, New Jersey 08846 during
regular business hours (9:00 a.m. – 4:00 p.m.).
The Borough reserves the right to reject any or all submissions due to any defects or waive informalities
and accept any submissions that in their judgment will be in the best interest of the Borough.
Carmen Modica
Purchasing Agent
Date Advertised: May 15, 2024
RFP – Victor Crowell Park Master Plan – Borough of Middlesex
2
BOROUGH OF MIDDLESEX
GENERAL INSTRUCTIONS
1. Introduction
The Borough of Middlesex, Middlesex County, State of New Jersey (hereinafter called the “OWNER”)
invites submissions for the service(s) mentioned in the Public Notice for Professional Services
Qualifications.
This contract is to furnish and deliver professional planning, landscape design and engineering
consulting services for the Borough of Middlesex through a fair and open process in accordance with
N.J.S.A. 19:44A-20.4 et. seq.
2. Administrative Conditions and Requirements
The following items express the conditions and requirements of this RFP. Together with the other RFP
sections, they apply to the RFP process, the subsequent contract, and project production. Any proposed
change, modification, or exception to these conditions and requirements may be the basis for the owner
to determine the proposal as non-responsive to the RFP and will be a factor in the determination of an
award of a contract. The contents of the proposal of the successful respondent, as accepted by the owner,
will become part of any contract awarded as a result of this RFP.
2.1 Proposal Submission Information
Submission Date and Time: Tuesday, June 11, 2024 at 11:00am
Six (6) paper copies and PDF copy saved on CD or USB Flash Drive. Original signed in ink.
Submission Office:
Michael La Place, AICP, PP, Administrator
1200 Mountain Avenue
Middlesex, NJ 08846
Each submission must be provided on a Standardized Submission Form as supplied in the submission
package and signed by the professional services entity or principal thereof. All prices and amounts must
be written in ink or preferably typewritten. Each signatory to the submission must initial all erasures or
corrections.
Each submission shall be contained in a sealed envelope addressed to: Michael La Place, Borough of
Middlesex, 1200 Mountain Ave., Middlesex, NJ 08846, and said envelope shall be clearly marked
“Sealed Submission Enclosed” Professional Planning, Landscape Design and Engineering Consultant
and must be delivered at the place and time required or mailed so as to be received prior to the opening
time set in the advertisement. Submissions received after the hour herein named or in unsealed
envelopes shall not be considered. The original proposal shall be signed in ink and marked to
distinguish it from the copies. Faxed or emailed proposals will NOT be accepted.
The 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.
Responses delivered before the submission date and time specified above may be withdrawn upon
written application of the respondent who shall be required to produce evidence showing that the
individual is or represents the principal or principals involved in the proposal. After the submission date
and time specified above, responses must remain firm for a period of sixty (60) days.
RFP – Victor Crowell Park Master Plan – Borough of Middlesex
3
The submission shall be accompanied by: (1) Non-Collusion Affidavit, (2) Disclosure of Ownership
Form, (3) Insurance Requirement Acknowledgement Form, (4) Mandatory Equal Employment
Opportunity Notice Acknowledgement, (5) Copy of the applicable Business Registration Certificate, (6)
Professional Services Entity Information Form, (7) Qualifications Submission, (8) List of Contribution,
(9) Certification of Prohibited Activities in Russia and Belarus & Investment Activities in Iran pursuant
to p.l.2022,c.3 (10) Acknowledgement of Corrections, Additions or Deletions Form.
2.2 Borough Representative for this Solicitation
Questions by prospective respondents concerning this RFP may be addressed to Michael La Place in
writing via email mlaplace@middlesexboro-nj.gov. Please note the aforementioned contact is
authorized only to direct the attention of prospective respondents to various portions of the requirements
so that they may read and interpret each portion for themselves. NO employee of the Borough of
Middlesex is authorized to give interpretations of any portion of this RFP or to give information as to the
requirements for the RFP in addition to that already contained in the RFP unless as a formal addendum.
Interpretations of the RFP or additional information as to its requirements, when necessary, shall be
communicated to prospective respondents only by written addendum issued by the Purchasing Agent of
the Borough of Middlesex.
Please identify the contract name and note Request for Information as the subject line when submitting
a request by fax or email.
2.3 Interpretations and Addenda
Respondents are expected to examine the RFP with care and observe all its requirements. All questions
about the meaning or intent of this RFP, all interpretations and clarifications considered necessary by the
owner’s representative in response to such comments and questions will be issued by Addenda mailed or
delivered to all parties recorded as having received the RFP package. Only comments and questions
responded to by formal written Addenda will be binding. Oral interpretations, statements or
clarifications are without legal effect.
2.4 Quantities of Estimate
Wherever the estimated quantities of work to be done are shown in any section of this RFP, including
the Proposal Cost Form, they are given for use in comparing proposals. The owner especially reserves
the right (except as herein otherwise specifically limited) to increase or diminish the quantities as may
be deemed reasonably necessary or desirable by the owner to complete the work detailed in the contract.
Such increase or diminution shall in no way violate this contract, nor shall any such increase or
diminution give cause for claims or liability for damages.
2.5 Cost Liability and Additional Costs
The owner assumes no responsibility and liability for costs incurred by the respondents prior to the
issuance of an agreement. The liability of the owner shall be limited to the terms and conditions of the
contract.
Respondents will assume responsibility for all costs not stated in their proposals. All unit rates either
stated in the proposal or used as a basis for its pricing are required to be all-inclusive. Additional
charges, unless incurred for additional work performed by request of the owner as noted in 2.4, are not
to be billed and will not be paid.
2.6 Statutory and Other Requirements
RFP – Victor Crowell Park Master Plan – Borough of Middlesex
4
2.6.1 Compliance with Laws
Any contract entered into between the contractor and the owner must be in accordance with and subject
to compliance by both parties with the New Jersey Local Public Contracts Law. The contractor must
agree to comply with the non-discrimination provisions and all other laws and regulations applicable to
the performance of services there under. The respondent shall sign and acknowledge such forms and
certificates as may be required by this section.
2.6.2 Mandatory EEO/Affirmative Action Compliance - N.J.S.A 10:5-31 et seq. and N.J.A.C 17:27
et seq.
No firm shall be issued a contract unless it complies with the EEO/Affirmative Action requirements of
P. L. 1975, C. 127 as identified in the documents attached hereto. The form shall be properly executed.
2.6.3 Americans with Disabilities Act of 1990 - 42 U.S.C. S121 01 et seq.
Discrimination on the basis of disability in contracting for the delivery of services is prohibited.
Respondents are required to read American with Disabilities language that is part of the documents
attached hereto and agree that the provisions of Title II of the Act are made part of the contract. The
contractor is obligated to comply with the Act and hold the owner harmless.
2.6.4 Statement of Corporate Ownership-Stockholder Disclosure - N.J.S.A. 52:25-24.2 (P.L. 1977
c.33)
In accordance with N.J.S.A. 52:25-24.2, no corporation, partnership, limited partnership, limited liability
corporation, limited liability partnership, Subchapter S corporation or sole proprietorship, shall be
awarded a contract, unless prior to the receipt of the RFP response/bid or accompanying the RFP
response/bid of the corporation, partnership, limited partnership, limited liability corporation, limited
liability partnership, Subchapter S corporation or sole proprietorship, there is submitted to the Borough a
statement setting forth the names and addresses of all stockholders who own 10% or more of the stock,
of any class or of all individual partners who own a 10% or greater interest in the corporation,
partnership, limited partnership, limited liability corporation, limited liability partnership, Subchapter S
corporation or sole proprietorship. If one or more such stockholder or partner is itself a corporation or
partnership, the stockholders holding 10% or more of that corporation’s stock, or the individual partners
owning 10% or greater interest in that partnership, as the case may be, shall also be listed. The
disclosure shall be continued until names and addresses of every non-corporate stockholder and
individual partner exceeding the 10% ownership criteria established in this act has been listed. The form
shall be signed and submitted with the RFP proposal/bid whether or not a stockholder or partner owns
less than 10% of the business submitting the RFP proposal/bid. Failure to comply requires mandatory
rejection of the RFP proposal/bid. The Respondent shall complete and submit the form of statement that
is included in this RFP.
2.6.5 Non-Collusion Affidavit - N.J.S.A. 52:34-15
The Non-Collusion Affidavit, which is part of this RFP, shall be properly executed and submitted with
the RFP response.
2.6.6 Proof of N.J. Business Registration Certificate N.J.S.A. 52:32-44
Each bidder (contractor) is required to submit proof of business registration prior to award of the
contract. Proof of registration shall be a copy of the bidder’s Business Registration Certificate (BRC).
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:
RFP – Victor Crowell Park Master Plan – Borough of Middlesex
5
1. The contractor shall obtain and provide the owner with the BRC of subcontractors
knowingly used on this contract.
2. The contractor shall maintain and submit to the contracting agency a list of
subcontractors and their addresses that may be updated from time to time during the
course of the contract performance. A complete and accurate list shall be submitted
before final payment is made for goods and services rendered under the contract.
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 taxable sales of tangible personal
property delivered into the State.
Failure to submit the BRC with the proposal is NOT a cause for rejection. However, the Borough
prefers the BRC be submitted with the proposal. If it is not provided prior to execution of a contract the
bidder’s bid guarantee shall be forfeited and the contract shall be awarded to the next lowest responsible
bidder.
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 $25.00 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.
A BRC is obtained from the New Jersey Division of Revenue and Enterprise Services. Information on
obtaining a BRC is available on the internet at www.nj.gov/treasury/revenue/busregcert.shtml or by
phone at (609) 292-2929.
Emergency Purchases or Contracts
For purchases of an emergent nature, the contractor shall provide its Business Registration Certificate
within two weeks from the date of purchase or execution of the contract or prior to payment for goods or
services, whichever is earlier.
2.6.7 Pay to Play – Notice of Disclosure Requirement
Business entities are advised of their responsibility to file an annual disclosure statement of political
contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A.
19:44A-20.27 if they receive contracts in excess of $50,000 from public entities in a calendar year.
Business entities are responsible for determining if filing is necessary. Additional information on this
requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.
2.6.8 Assign, Sublet or Transfer Any Rights/Interests
Neither the owner nor the Contractor shall assign, sublet, or transfer any rights or interest in this
Agreement without the prior written consent of the other party. Unless specifically stated to the contrary,
in writing, prior to an assignment, no assignment will release or discharge the assignor from any duty or
responsibility under this Agreement. Nothing herein shall be construed to give any rights or benefits to
anyone other than the owner and the Contractor.
2.6.9 Insurance and Indemnification
If it becomes necessary for the contractor, either as principal or by agent or employee, to enter upon the
premises or property of the owner in order to construct, erect, inspect, make delivery or remove property
hereunder, the contractor hereby covenants and agrees to take use, provide and make all proper,
RFP – Victor Crowell Park Master Plan – Borough of Middlesex
6
necessary and sufficient precautions, safeguards, and protection against the occurrence of happenings of
any accident, injuries, damages, or hurt to person or property during the course of the work herein
covered and be his/her sole responsibility.
The contractor shall maintain sufficient insurance to protect against all claims under Workers
Compensation, General Liability and Automobile and shall be subject to approval for adequacy of
protection and certificates of such insurance shall be provided.
Indemnification
The contractor agrees to indemnify and save harmless the owner, its officers, agents and employees,
hereinafter referred to as indemnitees, from all suits, including attorney’s fees and costs of litigation,
actions, loss damage, expense, cost of claims, of any character or on account of any act, claim or amount
arising or recovered under Worker’s Compensation law, or arising out of failure of the Contractor or
those acting under Contractor to conform to any statutes, ordinances, regulations, law or court decree. It
is the intent of the parties to this contract that the indemnities shall, in all instances, except for loss or
damage resulting from the sole negligence of the indemnitee, be indemnified against all liability, loss or
damage of any nature whatsoever.
Insurance Requirements:
Worker’s Compensation and Employer’s Liability Insurance
This insurance shall be maintained in full force during the life of this contract by the contractor covering
all employees engaged in performance of this contract pursuant to N.J.S.A. 34:15-12(a) and N.J.A.C.
12:235-1.6. Minimum Employer’s Liability $1,000,000.00.
General Liability Insurance
This insurance shall have limits of not less than $3,000,000.00 any one person and $3,000,000.00 any
one accident for bodily injury and $3,000,000.00 aggregate for property damage and shall be maintained
in force during the life of the contract.
Automobile Liability Insurance
This insurance covering contractor for claims arising from owned, hired and non-owned vehicles with
limits of not less than $3,000,000.00 any one person and $3,000,000.00 any one accident for bodily
injury and $3,000,000.00 each accident for property damage, shall be maintained in force during the life
of this contract by the contractor.
Professional Liability/Malpractice Insurance Policy (if applicable)
Coverage in the amount of $2,000,000.00/occurrence, $4,000,000.00 aggregate and assurance that each
such policy for each staff member remains full and in effect while providing services for owner.
The contractor shall provide the owner with a Certificate of Insurance naming the Borough of Middlesex
as additionally insured, evidencing the existence of required insurance prior to the commission of work.
Said insurance must include coverage for complete operations, contractual insurance and independent
contractor or subcontractor insurance, where and if applicable.
Errors and Omissions Insurance
A.
The contractor shall purchase and maintain during the entire period of this contract, errors
and omissions insurance that shall protect the contractor and the Borough from any and all
claims that may arise out of or result from the contractor’s performance of this contract.
RFP – Victor Crowell Park Master Plan – Borough of Middlesex
7
Specifically, the errors and omissions insurance shall have limits of not less than
$2,000,000.00 dollars per occurrence and $4,000,000.00 dollars in the aggregate.
B.
Certificates of the Required Insurance
Certificates as listed above shall be submitted along with the contract as evidence covering
Errors and Omissions insurance. Such coverage shall be with acceptable insurance
companies operating on an admitted basis in the State of New Jersey.
The contractor shall provide the Borough with a Certificate of Insurance naming the
Middlesex Borough, its employees, officers, and agents as additionally insured, and
evidencing the existence of required insurance prior to the commission of work.
Middlesex Borough will not accept Mutual Limitation of Liability terms.
2.6.10 Health Insurance Portability and Accountability Act of 1996 - HIPAA (If Applicable)
Both parties agree to comply with all requirements of the Federal Health Insurance Portability and
Accountability Act of 1996 (“HIPAA”) as maybe amended from time to time, and the corresponding
HIPAA regulations for the confidentiality and security of medical information.
The Contractor shall:
• Not use or disclose protected health information other than as permitted or required by law
• Use appropriate safeguards to protect the confidentiality of the information
• Report any use or disclosure not permitted
The contractor, by execution of the contract, shall thereby indemnify and hold the owner harmless from
any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the
failure of the contractor to comply with the requirements of the Health Insurance Portability and
Accountability Act (HIPAA) or any other statute or case law protecting the privacy of persons using its
services.
2.6.11 Proof of Licensure
Proof of licensure for providing Services in the State of New Jersey, for either the firm or the person
responsible for the work, shall be provided as required.
2.6.12 Certification of Prohibited Activities in Russia and Belarus & Investment Activities in Iran
Pursuant to P.L.2022,c.3
N.J.S.A. 52:32-55 et seq.; P.L. 2022, c. 3 prohibits the award, renewal, amendment, or extension of
State and local public contracts for goods or services with persons or entities engaging in prohibited
activities in Russia or Belarus. P.L. 2012, c.25 prohibits the award or renewal of State and local public
contracts for goods and services with persons or entities engaged in certain investment activities in the
energy or finance sectors of Iran. Before a goods and services contract can be entered into, vendors and
contractors must certify that neither they nor any parent entity, subsidiary, or affiliate is listed on the
New Jersey Department of the Treasury’s list of entities determined to be engaged in prohibited
activities in Russia or Belarus pursuant to P.L. 2022, c. 3 (“Russia-Belarus list”) or in Iran pursuant to
P.L. 2012, c. 25 ("Chapter 25 list").
2.7 Public Emergency
In the event of a Public Emergency declared at the Local, State or Federal Level, if the owner opts to
extend terms and conditions of this RFP, the contractor agrees to extend the terms and conditions of this
RFP, whether existing, expiring or expired no longer than six months, for goods and/or services for the
RFP – Victor Crowell Park Master Plan – Borough of Middlesex
8
duration of the emergency. In the event the original contractor cannot meet this requirement, the owner
may solicit the goods and/or services from any bidder on this contract.
2.8 Multiple Proposals Not Accepted
More than one proposal from an individual, a firm or partnership, a corporation or association under the
same or different names shall not be considered.
2.9 Failure to Enter Contract
Should the respondent to whom the contract is awarded, fail to enter into a contract within ten (10) days,
Sundays and holidays excepted, the owner may then, at its option, accept the proposal of another
respondent.
2.10 Commencement of Work
The contractor agrees to commence work after the date of award by the owner and upon notice from the
using department.
2.11 Time of Completion
It is hereby understood and mutually agreed, by and between the respondent and the owner, that the date
on which the work shall be substantially complete as specified in the RFP is an essential condition of
this contract. It is further mutually understood and agreed that the work and contract time embraced in
this Contract shall commence on the date specified and that the resulting contract shall be completed in
sequence and time frames identified by the owner.
The respondent agrees that said services shall be processed regularly, diligently, and uninterruptedly at
such rate of progress as will ensure full completion thereof within the time specified. It is expressly
understood and agreed, by and between the respondent and the owner, that the time of completion of the
services described herein is a reasonable time for the completion of it.
2.12 Termination of Contract
If, through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations under
the Contract or if the contractor violates any requirements of the Contract, the owner shall thereupon
have the right to terminate the Contract by giving written notice to the contractor of such termination at
least thirty (30) days prior to the proposed effective date of the termination. Such termination shall
relieve the owner of any obligation for the balances to the contractor of any sum or sums set forth in the
Contract.
The contractor agrees to indemnify and hold the owner 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 owner under this provision.
In case of default by the contractor, the owner may procure the articles or services from other sources
and hold the contractor responsible for any excess cost occasioned thereby.
2.13 Non-Allocation of Funding Termination
Each fiscal year payment obligation of the Owner is conditioned upon the availability of Owner funds
appropriated or allocated for the payment of such an obligation. If funds are not allocated and available
for the continuance of any services performed by the Contractor hereunder, whether in whole or in part,
the Owner at the end of any particular fiscal year may terminate such services. The Owner will notify
the Contractor in writing immediately of any services that will be affected by a shortage of appropriated
funds. This provision shall not be construed so as to permit the Owner to terminate this Agreement
RFP – Victor Crowell Park Master Plan – Borough of Middlesex
9
during the term, or any service hereunder, merely in order to acquire identical services from a third-party
contractor.
2.14 Force Majeure
Neither party shall be responsible for any resulting loss or obligation to fulfill duties as specified in any
of the terms or provisions of this Agreement if the fulfillment of any term or provision of this
Agreement is delayed or prevented by any revolutions, insurrections, riots, wars, acts of enemies,
national emergencies, strikes, floods, fires, acts of God, or by any cause not within the control of the
party whose performance is interfered with which by the exercise of reasonable diligence such party is
unable to prevent. Additionally, if the fulfillment of any of the terms and provisions of this Agreement
is delayed or prevented by any court order, or action or injunction or other such agreement, this
Agreement shall become voidable by the Borough of Middlesex by notice to each party.
2.15 The Owner and the Contractor each bind themselves and their successors, executors,
administrators, heirs and assigns and legal representatives of the other party respecting all covenants and
agreements and obligations of this contract.
2.16 The terms of this contract shall be construed and interpreted, and all respective rights and duties of
the parties shall be governed by the laws of the State of New Jersey.
2.17 Challenge of Specifications
Any respondent who wishes to challenge a specification shall file such challenge in writing with the
Purchasing Agent no less than three (3) business days prior to the opening of the RFP's.
Challenges filed after that time shall be considered void and having no impact on the owner or the award
of contract.
2.18 Payment
Invoices shall be submitted monthly and must specify, in detail, the period for which payment is
claimed, the services performed during the prescribed period, the amount claimed and correlation
between the services claimed, all backup documentation (mileage, time logs, receipts for expenses, etc.),
amount remaining in total balance, and the Proposal Cost Form.
The Borough of Middlesex will provide a sample Progress Report and Invoice for the Hired Consultant
to ensure compliance.
The owner may withhold all or partial payments on account of subsequently discovered evidence
including but not limited to the following:
1. Deliverables not complying with the project specification;
2. Claims filed or responsible evidence indicating probability of filing claims;
3. A reasonable doubt that the Contract can be completed for the balance then unpaid.
When the above grounds are removed, payment shall be made for amounts withheld because of them.
Invoices shall specify, in detail, the period for which payment is claimed, the services performed during
the prescribed period, the amount claimed and correlation between the services claimed and the Proposal
Cost Form.
2.19 Non-payment of Penalties and Interest on Overdue Bills
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10
Public funds may be used to pay only for goods delivered or services rendered. The Borough of
Middlesex will not pay penalties and/or interest on overdue bills. No employee is authorized to sign a
letter of credit or any other document that represents a legal commitment on the part of the Borough to
pay additional fees.
2.20 Ownership of Material
The owner shall retain all of its rights and interest in any and all documents and property both hard copy
and digital furnished by the owner to the contractor for the purpose of assisting the contractor in the
performance of this contract. All such items shall be returned immediately to the owner at the expiration
or termination of the contract or completion of any related services, pursuant thereto, whichever comes
first. None of the documents and/or property shall, without the written consent of the owner, be
disclosed to others or used by the contractor or permitted by the contractor to be used by their parties at
any time except in the performance of the resulting contract.
Ownership of all data, materials and documentation originated and prepared for the owner pursuant to
this contract shall belong exclusively to the owner. All data, reports, computerized information,
programs and materials related to this project shall be delivered to and become the property of the owner
upon completion of the project. The contractor shall not have the right to use, sell, or disclose the total of
the interim or final work products, or make available to third parties, without the prior written consent of
the owner.
Under state and federal statutes, certain government records are protected from public disclosure. The
Borough, the Contractor and any Subcontractors have a responsibility and an obligation to safeguard
from public access an employee's personal information with which it has been entrusted when disclosure
thereof would violate the employee's reasonable expectation of privacy. All payroll, personnel and
health insurance related files are confidential. Additionally, the Contractor and any Subcontractors may
be privy to sensitive law enforcement information or investigations during their review which must
remain confidential. The Borough reserves the right to make any public disclosure under the law. Also,
among government records deemed confidential are administrative or technical information regarding
computer hardware, software and networks that, if disclosed, would jeopardize computer security. The
Contractor and any Subcontractor(s) are prohibited from the sale or distribution of all supplied
information to any third party.
2.21 Source of Specifications/RFP Packages
Official Request for Proposal (RFP) packages for routine goods and services are available from
www.middesexboro-nj.gov at no cost to the prospective respondents. All addenda are posted on this
site. Potential respondents are cautioned that they are responding at their own risk if a third party
supplied the specifications that may or may not be complete. The Borough is not responsible for third
party supplied RFP documents.
2.22 Altering Official Document
Respondents shall not write in any margins or alter the official content of Borough’s RFP document.
2.23 RFP Preparation of Forms
RFPs must be signed in ink by the respondent; all quotations shall be made with a typewriter/computer
or pen and ink. Any quotation showing any erasure alteration must be initialed by the respondent in ink.
Unit prices and totals are to be inserted in spaces provided.
2.24 W-9
Successful bidder/respondent shall complete W-9 Form and submit to Finance prior to contract award.
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The form is available at the following link: www.irs.gov/pub/irs-pdf/fw9.pdf
2.25 Resubmissions
In the case of Resubmissions for Bids or RFP’s, bidders are cautioned to use and submit only documents
of the current active bid. Prior bid documents, (original or any prior resubmission), are invalid as those
opportunities no longer legally exist. Submission of any forms or documents from a prior bid or
resubmission shall be reason to find your bid for the current opportunity non-responsive.
3. PURPOSE OF REQUEST
The Borough of Middlesex, New Jersey is seeking inspiration and guidance from a qualified
professional planning, landscape design and engineering consultant team to prepare a detailed park
master plan for Victor Crowell Park. The popular stream and lake-centered park was designed and built
in the 1930’s by the federal Works Progress Administration. The Master Plan must address
environmental issues relating to Creighton Lake and other features of the park as well as provide a
sensitive landscape design proposal to incorporate the adjacent Victor Crowell Annex property, newly
acquired by the Borough, into the historic park.
The Victor Crowell Park Master Plan shall provide a clear vision and specific design, restoration and
maintenance guidelines for preserving the historical integrity of the park while seamlessly weaving the
new Annex property into the overall site. The consultant team will work under the direction of the
Borough Administrator, a licensed Professional Planner and with other members of the Borough’s
Management Team such as the Superintendent of Public Works and the Director of Recreation and
Senior Services. The community-based planning process to develop the park master plan shall fully
engage the public, including the Middlesex Parks Improvement Committee, the Middlesex Recreation
Commission and other interested stakeholders. There shall be a strict work schedule set with specific
mileposts.
4. SCOPE OF SERVICES
The Borough of Middlesex is requesting a proposal for the following scope of services:
a) Phase 1 – Kick-Off and Existing Conditions
This phase will include a kick-off meeting with relevant borough staff and representatives,
background research, mapping, and field visits to understand the history, original concept and
design, existing use, current condition, and environmental features of Victor Crowell Park.
Working with the Borough Administrator and with other members of the Borough’s
Management Team such as the Superintendent of Public Works and the Director of Recreation
and Senior Services will be engaged for analysis of existing conditions, areas in need of
improvement and options for the best use and long-term management as it relates to the
Borough’s latest Master Plan. The Borough will provide available base-mapping and utility
information, if relevant.
b) Phase II – Public Outreach and Concept Development
This phase will include a public outreach process to solicit feedback from and foster engagement
with residents. The Borough anticipates that up to four (4) public meetings will take place to
inform the design of concept plans for future improvements. In addition, the borough expects
that the firm will participate in up to three (3) update meetings with borough staff and members
of the Borough’s Management Team such as the Superintendent of Public Works and the
Director of Recreation and Senior Services.
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Based on comments and input received as a result of public outreach and interaction with the
borough, the firm will prepare preliminary concept sketches to be presented to the Mayor,
Borough Council and the public. The firm will subsequently refine the concept sketches and
develop final concept plans for the Master Plan. Documents to be provided in this phase shall
include the preliminary sketches, final concepts, a breakdown of design elements including, but
not limited to: access, parking, lighting, benches, landscape features, site amenities, signage,
upgrades and new facilities.
c) Phase III – Development of the Master Plan for Victor Crowell Park
The draft Master Plan shall include a concept design and plan based on feedback from the public
and stakeholders, specific recommendations for implementation of the plan, color renderings for
presentation and review. Final cost estimates and recommendations for sources of funding shall
also be included in the plan as well as proposed recommendations and policies to guide future
maintenance and enhancement of the park.
The draft Improvement Plan shall include:
1) Concept plans revised based on feedback from the Borough and the public during Phase II.
2) Specific recommendations for the implementation of the concept plans.
3) Color rendering shall be provided for use in public presentations.
4) Final cost estimates for recommended improvements.
5) Identification of funding opportunities, including specific organizations and sources.
Following delivery of the draft to the Borough, the firm will work to incorporate any comments obtained
from the Borough and deliver a final Master Plan within forty-five (45) days of delivery of the draft
plan.
5.
CONTRACT FORM
The Successful proposer shall be required to execute the Borough’s contract, which includes the
indemnification, insurance, termination, and licensing provisions.
It is also agreed and understood that the acceptance of the final payment by Contractor shall be
considered a release in full of all claims against the Borough arising out of, or by reason of, the work
done, and materials furnished under this Contract.
6.
STANDARD REQUIREMENTS OF TECHNICAL PROPOSAL – Proposers should submit a
technical proposal which contains the following:
A. The name of the proposer, the principal place of business and, if different, the place where the
services will be provided;
B. The name, licenses held, education, qualifications, experience, and training of all persons who
would be assigned to provide services along with their names and titles;
C. A listing of all other engagements where services of the types being proposed were provided in
the past. This should include other Municipal governments and other levels of government.
Contact information for the recipients of similar services must be provided. The Borough of
Middlesex may obtain references from any of the parties listed;
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D. A description of all other areas of work the proposer, with emphasis on a description of those
services of interest to a municipal government client;
E. Please provide a description of any particular area(s) of expertise you or your firm may possess
that have not been included in the response provided above;
F. A statement that neither the firm nor any individuals assigned to this engagement are disbarred,
suspended, or otherwise prohibited from professional practice by any federal, state, or local
agency; D.A. statement that the Respondent is in compliance with all applicable affirmative
action (or similar) requirements with respect to its business activities, together with evidence of
such compliance.
7. COST QUALIFICATION – Proposers should submit a cost proposal which would include, the
services to be provided, the hourly rate of the services and what are the established industry norm
rate(s), and an estimate of the number of hours to facilitate the proposal. A cost proposal should also
be provided setting forth any ancillary or supply cost not included in the hourly billable. The
borough does not provide payment for or reimbursement for travel expenses.
8. EVALUATION – The Borough will select the most advantages proposals based on all of the
evaluation factors set forth at the end of this RFP. The Borough will make the award that is in the
best interest of the Borough. Each proposal must satisfy the objectives and requirements detailed in
this RFP. The successful proposer shall be determined by an evaluation of the total content of the
proposal submitted.
The Borough reserves the right to:
a. Award a contract for the requested services at any time during the calendar year after all
RFPs have been reviewed by the Borough. Every proposal should be valid through this time
period.
b. The Borough shall not be obliged to explain the results of the evaluation process to any
proposer.
c. The Borough may require proposers to demonstrate any services described in their proposal
prior to award.
8.1 EVALUATION FACTORS
a. Relevance and extent of qualifications, experience, reputation and training of the personnel to be
assigned to the project.
b. Knowledge of historic parks developed by the Works Progress Administration in the 1930’s,
especially stream and lake-centered parks.
c. Relevance and extent of similar projects performed by the applicant.
d. Knowledge of the Borough of Middlesex and Central New Jersey.
e. Technical proposal containing all required information.
f. Reasonableness of Cost Proposal.
g. Practicality of work plan, timetable.
9. PROPOSAL LIMITATIONS – This RFP is not intended to be an offer, order or contract and
should not be regarded as such, nor shall any obligation or liability be imposed on the Borough by
issuance of this RFP. The Borough services the right at the Borough’s sole discretion to refuse any
proposal submitted.
10. GENERAL TERMS AND CONDITIONS
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a. The Borough reserves the right to reject any or all proposals, if necessary, or to waive any
informality in the qualifications, and, unless otherwise specified by the proposer, to accept any
item, items or services in the proposals should it be deemed in the best interest of the Borough to
do so.
b. In case of failure by the successful proposer, the Borough of Middlesex may procure the articles
or services from other sources, deduct the cost of the replacement from money due to the
proposer under the contract and hold the proposer responsible for any excess cos occasioned
thereby.
c. The proposer shall maintain sufficient insurance to protect against all claims under Workmen’s
Compensation, General, Professional and Automobile Liability.
d. Each proposal must be signed by the person authorized to do so.
e. Proposals may be hand delivered or mailed consistent with the provisions of the legal Notice to
Bidders. In the case of mailed proposals, the Borough assumes no responsibility for proposals
received after the designated date and time and will return late proposals unopened. Proposals
will not be accepted by facsimile or email.
f. By submission of the proposal, the proposer certifies that the services to be furnished will not
infringe upon any valid patent, trademark or copyright and the successful proposer shall, at tits
expense, defend any and all actions or suits charging such infringement, and will save the
Borough harmless in any case of any such infringement.
g. No proposer shall influence, or attempt to influence, or cause to be influenced, any Borough
officer or employee to use his/her official capacity in any manner which might tend to impair the
objectivity or independence of judgment of said officer or employee.
h. No proposer shall cause or influence, or attempt to cause or influence, any Borough officer or
employee to use his/her official capacity to secure unwarranted privileges or advantages for the
proposer or any other person.
i. Should any difference arise between the contracting parties as to the meaning or intent of these
instructions or specifications, the Borough Attorney’s decision shall be final and conclusive.
j. The Borough of Middlesex shall not be responsible for any expenditure of monies or other
expenses incurred by the proposer in making its proposal.
k. The checklist, affidavits, notices and the like presented at the end of this Request for
Qualifications are a part of the Request for Proposals and shall be completed and submitted as
part of this proposal.
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BOROUGH OF MIDDLESEX
EXCEPTIONS
For each exception, the bidder must identify the specific section of specifications by providing the number and
title the exception applies to. It is the responsibility of the bidder to document the equivalence claim in writing.
Submitting product brochures is not an acceptable claim of equivalence.
(IF NONE SO STATE)
USE ADDITIONAL SHEET IF NECESSARY
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11. Proposal Requirements
11.1 Qualification Statement
A statement is to be provided by the respondent who will serve as the primary contractor. The statement
shall set forth brief details of the firm's principal activities, the number of personnel in the firm and the
firm's location. Please provide a list of (3) three clients for whom similar services have been provided.
Include the following in your response:
1. Name of government agency.
2. Contact person’s name, position, and current telephone number.
3. Dates, cost and scope of service.
4. Status and comments
12. Key Personnel Information
The respondent shall provide the identity and the professional credentials of the principals and other key
personnel either working for the contractor and their areas of responsibility.
12.1 Subcontractors
Respondents may engage the services of subcontractors for completion of this project. If their proposal
involves any subcontractors, full details on the nature of the work to be performed by them and the location
in which the work is to be performed must be provided. The respondent understands that if selected, the
owner prior to initiating any subcontracted work, must approve the use of subcontractors in writing.
12.2 Proposal Forms
The following forms are contained in the attachments. All forms are required and shall be completed and
made part of the proposal submitted.
1. Proposal Cost/Signature Form
2. Qualifications Submission Form
3. Non-Collusion Affidavit
4. Stockholder Disclosure
5. Insurance Requirement Acknowledgement Form
6. Affirmative Action Statement
7. Professional Service Entity Information Form
8. Acknowledgement of Receipt of Addenda
9. Certification of Prohibited Activities in Russia and Belarus & Investment Activities in Iran
pursuant to p.l.2022,c.3
12.3 Location of Servicing Office
The proposal must list the location and address of the present, active office that will service and manage
this contract.
13. Evaluation, Review and Selection Process
13.1 Proposals to Remain Subject to Acceptance
RFP responses shall remain open for a period of sixty (60) calendar days from the stated submittal. The
owner will either award the Contract within the applicable time period or reject all proposals.
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17
The owner may extend the decision to award or reject all proposals beyond the sixty (60) calendar days
when the proposals of any respondents who consent thereto may, at the request of the owner, be held for
consideration for such longer period as may be agreed.
13.2 Rejection of Proposals
The owner reserves the right to reject any or all proposals, or to reject any proposals if the evidence
submitted by, or investigation of such respondent fails to satisfy the owner that such respondent is properly
qualified to carry out the obligations of the RFP and to complete the work contemplated therein. The
owner reserves the right to waive any minor informality or reject any/or all submissions in accordance
with the Fair & Open Public Solicitation Process for professional services(s) pursuant to P.L. 2004, c.19
(N.J.S.A. 19:44A-20.4 et seq.) in the RFP.
13.3 Evaluation Process
An evaluation team will review all proposals to determine if they satisfy the Proposal Requirements,
determine if a proposal should be rejected and evaluate the proposals based upon the Evaluation Criteria.
The highest-ranking respondent will then be recommended to the governing body for award of contract,
based on most advantageous price and other factors. The Borough reserves the right to reach out to the
respondents to get clarification on Proposals on specific items if necessary, during the deliberation
process.
Evaluation Team – RFP respondents are prohibited from contacting any member of the evaluation team
directly without a formal invitation. If it is found that a respondent has attempted to discuss their proposal
with a team member without an invite, then their proposal may be deemed unresponsive. All questions
during the evaluation period shall be directed to the Purchasing Agent.
13.4 Evaluation Criteria
The criteria considered in the evaluation of each proposal follows. The arrangement of the criteria is not
meant to imply order of importance in the selection process. All criteria will be used to select the
successful respondent.
This will be based on the quality of the content of the RFP and the respondent's ability to communicate a
thorough understanding of the required tasks and the approach to meet the scope of work outlined in the
RFP. The proposals will be evaluated for general compliance with instructions and requests issued in the
RFP. Non-compliance with significant instructions will be grounds for disqualification of proposals.
13.4.1 Understanding of the Requested Work
The proposals will be evaluated for general compliance with instructions and requests issued in the RFP.
Non-compliance with significant instructions shall be grounds for disqualification of proposals.
13.4.2 Knowledge and Technical Competence
This includes the ability of the respondent to perform all of the tasks and fulfill adequately the stated
requirements.
13.4.3 Management, Experience and Personnel Qualifications
Expertise of the firm shall be demonstrated by past contract successes providing government agencies
with similar services. The respondent will be evaluated on knowledge, experience, prior collaboration
and successful completion of projects/services similar to that requested in this RFP.
In addition to relevant experience, respondents shall provide personnel qualifications in the Proposal.
(See 4.1 and 4.2).
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13.4.4 Ability to Complete the Project/Services in a Timely Manner
This is based on the estimated duration of the tasks and the respondent’s ability to accomplish these tasks
as stated.
13.4.5 Cost
Price shall be based on amount stated on the proposal cost form. Total overall costs to complete the project,
the cost of maintenance, training, etc., or price shall be based on hourly rates and schedules of fees
submitted with the proposal. Any services not included as part of any resulting contract scope of services
must be approved and authorized by the owner before such work is initiated. The owner shall pay for such
approved services, at the rate or cost agreed upon between the owner and contractor, provided the
respondent has provided a schedule of fees for additional services with this RFP.
13.5 Notice of Award
The successful respondent will be notified of the award of contract upon a favorable decision by the
governing body.
14. Schedule Timeline
May 15, 2024 - Date Advertised
June 3, 2024 by 11:00am - Deadline to submit questions
June 11, 2024 at 11:00am - Bid Opening
July 23, 2024 - Anticipated Award Date
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BOROUGH OF MIDDLESEX
PROFESSIONAL PLANNING, LANDSCAPE DESIGN
AND ENGINEERING CONSULTANT
CHECKLIST
SUBMISSION DATE: June 11, 2024 at 11:00 AM
The following items, as indicated below (X), shall be provided with the receipt of sealed submissions:
1. Non-Collusion Affidavit …………………………….……………………………… ___X____
2. Stockholder Disclosure Certification ……………………………………….…………. ___X____
3. Insurance Requirement Acknowledgement Form …………..……….……………… ___X____
4. Mandatory Equal Employment Opportunity Notice Acknowledgement ………………___X____
5. Copy of your Business Registration Certificate as issued by the State of
New Jersey, Department of Treasury, Division of Revenue ...……………………….. ___X____
6. Professional Service Entity Information Form ……………………….………………. ___X____
7. Qualifications Submission Form…….………………………………………….……… ___X____
8. Certification of Prohibited Activities in Russia and Belarus & Investment
Activities in Iran pursuant to p.l.2022,c.3 ……………………………………………. ___X____
9. Acknowledgement of Corrections, Additions or Deletions Form …………………. ___X____
10. Proposal Cost/Signature Form ………………………………..………………………..___X____
Reminder
Please submit six (6) paper copies and a PDF copy saved on a CD or USB flash drive.
Submission shall be contained in a sealed envelope addressed to: Michael La Place,
Administrator, Borough of Middlesex, 1200 Mountain Ave., Middlesex, NJ 08846 or in the
preprinted envelope supplied with the submission package when available and said envelope
shall specify the Professional Service for which the submission is provided.
The submission is to be clearly marked (Professional Planning, Landscape Design and
Engineering Consultant) – “Sealed Submission Enclosed” and must be delivered at the place
and time required or mailed so as to be received prior to the opening time set in the
advertisement.
Submissions received after the hour herein named or in unsealed envelopes shall not be
considered.
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BOROUGH OF MIDDLESEX
BID PROPOSAL FORM/SIGNATURE PAGE
TO THE BOROUGH OF MIDDLESEX:
The undersigned declares that he/she has read the Notice, Instructions, Affidavits and Scope of
Services attached, that he/she has determined the conditions affecting the bid and agrees, if this bid
is accepted, to furnish and deliver services per the following:
PROFESSIONAL PLANNING, LANDSCAPE DESIGN
AND ENGINEERING CONSULTANT
FEE SCHEDULE SUBMITTED Yes No
Schedule Timeline:
May 15, 2024 - Date Advertised
June 3, 2024 by 11:00am - Deadline to submit questions
June 11, 2024 at 11:00am - Bid Opening
July 23, 2024 - Anticipated Award Date
(Corporation)
The undersigned is a (Partnership) under the laws of the State of __________________________ having its
(Individual)
Principal office at
Company
Federal I.D. # or Social Security #
Address
Signature of Authorized Agent
Type or Print Name
Title of Authorized Agent
Date
Telephone Number
Email Address
Fax Number
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BOROUGH OF MIDDLESEX
QUALIFICATIONS SUBMISSION FORM
1.
Names and roles of the individuals who will perform the services and description of their
education and experience with projects similar to the services contained herein including
their education, degrees and certifications:
2.
References and record of success of same or similar service:
3.
Description of ability to provide the services in a timely fashion (including staffing,
familiarity and location of key staff):
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4. Cost details, including the hourly rates of each of the individuals who will perform
services, including their title, level of expertise and years of experience, and all expenses:
Firm __________________________________________ Date: _________________________
Authorized Representative (Print):___________________________________________________
Signature: ________________________ Title:________________________________________
Telephone #: _____________________ Fax #: ______________________________________
RFP – Victor Crowell Park Master Plan – Borough of Middlesex
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BOROUGH OF MIDDLESEX
PROFESSIONAL SERVICE ENTITY INFORMATION FORM
If the Professional Service Entity is an INDIVIDUAL, sign name and give the following information:
Name:______________________________________________________________________________________________
Address:_____________________________________________________________________________________________
Telephone No.: ____________________Social Security No.:___________________________________________________
Fax No.: _______________________ E-Mail: _____________________________________________________________
If individual has a TRADE NAME, give such trade name:
Trading As: _________________________________ Telephone No.: ___________________________________________
****************************************************************************************************
If the Professional Service Entity is a PARTNERSHIP, give the following information:
Name of
Partners:_____________________________________________________________________________________________
Firm
Name:_______________________________________________________________________________________________
Address:_____________________________________________________________________________________________
Telephone No.: ____________________________ Federal I.D. No.:_____________________________________________
Fax No.: ______________________ E-Mail:_______________________________________________________________
Social Security No.:___________________________________________________________________________________
Signature of authorized agent:____________________________________________________________________________
****************************************************************************************************
If the Professional Service Entity is INCORPORATED, give the following information:
State under whose laws incorporated:_____________________________________________________________________
Location of principal office:_____________________________________________________________________________
Telephone No.: ____________________ Federal I.D. No.: ____________________________________________________
Fax No.: _______________________ E-Mail:_______________________________________________________________
Name of agent in charge of said office upon whom notice may be legally served:
____________________________________________________________________________________________________
Telephone No.: ___________________Name of Corporation: __________________________________________________
Signature: By: __________________________________________________________
Title: Address: ______________________________________________________________
RFP – Victor Crowell Park Master Plan – Borough of Middlesex
24
BOROUGH OF MIDDLESEX
OWNERSHIP STATEMENT - STOCKHOLDER DISCLOSURE FORM
LEGAL NAME OF BIDDER: ___________________________________________________________
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
Other, Please List __________________________________
List the names and addresses of all stockholders who own ten (10%) percent or more of the above company’s stock, and if
there are NO STOCKHOLDERS OF 10% OR MORE, simply check the second box below. If one or more such
stockholders or partner is itself a corporation or partnership, the stockholders holding 10% or more of that corporation's stock,
or the individual partners owning 10% of that corporation's stock, or the individual partners owning 10% or greater interest
in that partnership, as the case may be, must also be listed.
The disclosure shall be continued until names and addresses of every person who is a non-corporate stockholder,
or individual partner, exceeding the 10% ownership criteria established in this act, has been listed, in full
compliance with Chapter 33 of the New Jersey Public Laws of 1977.
BIDDERS/RESPONDENTS MUST CHECK THE APPROPRIATE BOX:
I certify that the list below contains the names and addresses of all stockholders holding 10% or more of the issued
and outstanding stock of the undersigned.
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned.
Publicly Traded - For publicly traded entities to comply with N.J.S.A. 52:25-24.2 they may submit the name and address of
each publicly traded entity, and the name and address of each person holding 10% or more beneficial interest in the publicly
traded entity as of the last annual filling with the Security Exchange Commission (SEC), or foreign equivalent
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing, or foreign equivalent:
____________________________________________________________________________________________
The requested information is available on the following page number(s) of the SEC, or foreign equivalent, filing:
____________________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
(Note: Attach additional pages if necessary)
________________________________________________________________
______________
(Respondent/Respondent Authorized Signature)
(Date)
___________________________________________
______________________________________
(Print name of authorized signatory)
(Title)
RFP – Victor Crowell Park Master Plan – Borough of Middlesex
25
BOROUGH OF MIDDLESEX
NON-COLLUSION AFFIDAVIT
State of _____________
County of _____________
ss:
I, _____________________________ of the City of _______________________________
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 bidder making this Proposal for the above named project, and that I executed the said proposal
with full authority so to do; that said bidder has not, directly or indirectly entered into any agreement,
participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding
in connection with the above named project; and that all statements contained in said proposal and
in this affidavit are true and correct, and made with full knowledge that the Borough of Middlesex
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_________________________________.
(Name of Contractor)
(N.J.S.A. 52:34-15)
Subscribed and sworn to
Before me this _______day
Of ___________, _______.
Signature
(Type or print name of affiant under signature)
_______________________________________
Notary public of
My Commission expires ___________________.
RFP – Victor Crowell Park Master Plan – Borough of Middlesex
26
BOROUGH OF MIDDLESEX
INSURANCE REQUIREMENTS AND ACKNOWLEDGEMENT FORM
Certificate(s) of Insurance shall be filed with the Borough Clerk’s Office upon award of
contract by the Mayor and Borough Council.
The minimum amount of insurance to be carried by the Professional Service Entity shall
be as follows:
PROFESSIONAL LIABILITY INSURANCE
Limits shall be a minimum of $2,000,000.00 for each claim and $4,000,000.00 aggregate
each policy period.
Acknowledgement of Insurance Requirement:
________________________________________________________________
(Signature)
(Date)
________________________________________________________________
(Printed Name and Title)
RFP – Victor Crowell Park Master Plan – Borough of Middlesex
27
EXHIBIT A
EEO/AFFIRMATIVE ACTION COMPLIANCE NOTICE
N.J.S.A. 10:5-31 and N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance
to the Borough and Division of Public Contracts Equal Employment Opportunity Compliance. During
a review, Division representatives will review the Borough files to determine whether the affirmative
action evidence has been submitted by the vendor/contractor. Specifically, each vendor/contractor
shall submit to the Borough, prior to execution of the contract, one of the following documents:
Goods and General Service Vendors
1. Letter of Federal Approval indicating that the vendor is under an existing federally approved or
sanctioned affirmative action program. A copy of the approval letter is to be provided by the
vendor to the Borough and the Division. This approval letter is valid for one year from the date
of issuance.
Do you have a federally-approved or sanctioned EEO/AA program?
Yes
No
If yes, please submit a photo static copy of such approval.
2. A Certificate of Employee Information Report (hereafter “Certificate”), issued in accordance with
N.J.A.C. 17:27-1.1 et seq. The vendor must provide a copy of the Certificate to the Borough as
evidence of its compliance with the regulations. The Certificate represents the review and
approval of the vendor’s Employee Information Report, Form AA-302 by the Division. The period
of validity of the Certificate is indicated on its face. Certificates must be renewed prior to their
expiration date in order to remain valid.
Do you have a State Certificate of Employee Information Report Approval?
Yes
No
If yes, please submit a photo static copy of such approval.
3. The successful vendor shall complete an Initial Employee Report, Form AA-302 and submit it to
the Division with $150.00 Fee and forward a copy of the Form to the Borough. Upon submission
and review by the Division, this report shall constitute evidence of compliance with the
regulations. Prior to execution of the contract, the EEO/AA evidence must be submitted.
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on
the Division website www.state.nj.us/treasury/contract_compliance.
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal
Employment Opportunity Compliance, with a copy to Public Agency.
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 and N.J.A.C. 17:27 and agrees to furnish the required forms of
evidence.
The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27.
COMPANY: ______________________________ SIGNATURE: ____________________________
PRINT NAME:___________________________ TITLE: __________________________________
DATE: __________________
RFP – Victor Crowell Park Master Plan – Borough of Middlesex
28
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 Borough employment goals established
in accordance with N.J.A.C. l7:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited
to, employment agencies, placement bureaus, colleges, universities, 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 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 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 www.state.nj.us/treasury/contract_compliance).
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.
RFP – Victor Crowell Park Master Plan – Borough of Middlesex
29
SAMPLE CERTIFICATE OF EMPLOYEE INFORMATION REPORT
RFP – Victor Crowell Park Master Plan – Borough of Middlesex
30
BOROUGH OF MIDDLESEX
AMERICANS WITH DISABILITIES ACT OF 1990
Equal Opportunity for Individuals with Disability
The Contractor and the Owner, do hereby agree that the provisions of Title 11 of the Americans With
Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 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 owner 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 owner in any action or administrative proceeding commenced pursuant to this Act. The contractor
shall indemnify, protect, and save harmless the 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 owner’s grievance procedure, the contractor agrees
to abide by any decision of the owner which is rendered pursuant to said grievance procedure. If any
action or administrative proceeding results in an award of damages against the owner, or if the 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 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 owner or any of its agents, servants, and
employees, the owner shall expeditiously forward or have forwarded to the contractor every demand,
complaint, notice, summons, pleading, or other process received by the owner or its representatives.
It is expressly agreed and understood that any approval by the 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 owner pursuant to this
paragraph.
It is further agreed and understood that the 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 owner from taking any other actions available to it
under any other provisions of the Agreement or otherwise at law.
RFP – Victor Crowell Park Master Plan – Borough of Middlesex
31
BOROUGH OF MIDDLESEX
THESE ARE SAMPLES OF THE ONLY ACCEPTABLE
BUSINESS REGISTRATION CERTIFICATES
PREFER SUBMITTED WITH BID RESPONSE
REQUIRED BY LAW PRIOR TO AWARD OF CONTRACT
RFP – Victor Crowell Park Master Plan – Borough of Middlesex
32
CERTIFICATION OF NON‐INVOLVEMENT IN
PROHIBITED ACTIVITIES IN RUSSIA OR BELARUS
Pursuant to N.J.S.A. 52:32-60.1, et seq. (L. 2022, c. 3) any person or entity (hereinafter “Vendori”) that seeks to
enter into or renew a contract with a State agency for the provision of goods or services, or the purchase of bonds
or other obligations, must complete the certification below indicating whether or not the Vendor is identified on the
Office of Foreign Assets Control (OFAC) Specially Designed Nationals and Blocked Persons list, available here:
https://sanctionssearch.ofac.treas.gov/. If the Department of the Treasury finds that a Vendor has made a
certification in violation of the law, it shall take any action as may be appropriate and provided by law, rule or
contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the
party in default and seeking debarment or suspension of the party.
I, the undersigned, certify that I have read the definition of “Vendor” below, and have reviewed the Office of Foreign
Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, and having done so certify:
(Check the Appropriate Box)
A. That the Vendor is not identified on the OFAC Specially Designated Nationals and Blocked Persons list
on account of activity related to Russia and/or Belarus.
OR
B. That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially
Designated Nationals and Blocked Persons list on account of activity related to Russia and/or Belarus.
OR
C. That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially
Designated Nationals and Blocked Persons list. However, the Vendor is engaged in activity related to
Russia and/or Belarus consistent with federal law, regulation, license or exemption. A detailed description
of how the Vendor’s activity related to Russia and/or Belarus is consistent with federal law is set forth
below.
Signature of Vendor’s Authorized Representative
Date
Print Name and Title of Vendor’s Authorized Representative
Vendor Name
Vendor Phone Number
Vendor Address (Street Address)
Vendor Fax Number
Vendor Address (City/State/Zip Code)
Vendor Email Address for Authorized Representative
______________________________________________
i Vendor means: (1) A natural person, corporation, company, limited partnership, limited liability partnership, limited liability company,
business association, sole proprietorship, joint venture, partnership, society, trust, or any other nongovernmental entity, organization, or
group; (2) Any governmental entity or instrumentality of a government, including a multilateral development institution, as defined in
Section 1701(c)(3) of the International Financial Institutions Act, 22 U.S.C. 262r(c)(3); or (3) Any parent, successor, subunit, direct or
indirect subsidiary, or any entity under common ownership or control with, any entity described in paragraph (1) or (2).
NJ Rev. 1.22.2024
(Attach Additional Sheets If Necessary.)
RFP – Victor Crowell Park Master Plan – Borough of Middlesex
33
Disclosure of Investment Activities in Iran
Person or Entity
Part 1: Certification
COMPLETE PART 1 BY CHECKING EITHER BOX.
Pursuant to Public Law 2012, c. 25, any person or entity that is a successful bidder or proposer, or otherwise
proposes to enter into or renew a contract, must complete the certification below to attest, under penalty of
perjury, that neither the person or entity, nor any parent entity, subsidiary, or affiliate is identified on the
State Department of Treasury's Chapter 25 list as a person or entity engaging in investment activities in Iran.
The list is found on Treasury’s website at www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf.
The Chapter 25 list must be reviewed prior to completing the below certification. If a vendor or contractor
is found to be in violation of law, action may be taken as appropriate and as may provided by law, rule or
contract, including but not limited to imposing sanctions, seeking compliance, recovering damages,
declaring the party in default and seeking debarment or suspension of the party.
I certify, pursuant to Public Law 2012, c. 25, that neither the person or entity listed
above, nor any parent entity, subsidiary, or affiliate thereof is listed on the N.J.
Department of the Treasury’s list of entities determined to be engaged in prohibited
activities in Iran pursuant to P.L. 2012, c. 25 ("Chapter 25 List"). I further certify
that I am the person listed above, or I am an officer or representative of the entity
listed above and am authorized to make this certification on its behalf. I will skip
Part 2 and sign and complete the Certification below.
OR
I am unable to certify as above because the person or entity and/or a parent entity,
subsidiary, or affiliate thereof is listed on the N.J. Department of the Treasury’s
Chapter 25 list. I will provide a detailed, accurate and precise description of the
activities in Part 2 below sign and complete the Certification below.
RFP – Victor Crowell Park Master Plan – Borough of Middlesex
34
Part 2: Additional Information
PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN.
You must provide a detailed, accurate and precise description of the activities of the person or entity, or a
parent entity, subsidiary, or affiliate thereof engaging in investment activates in Iran below and, if more
space is needed, on additional sheets provided by you.
Part 3: Certification of True and Complete Information
I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any
attachments there to the best of my knowledge are true and complete. I attest that I am authorized to
execute this certification on behalf of the above-referenced person or entity.
I acknowledge that the Name of Contracting Unit is relying on the information contained herein
and thereby acknowledge that I am under a continuing obligation from the date of this certification
through the completion of any contracts with the Reference to Contracting Unit to notify the Reference
to Contracting Unit in writing of any changes to the answers of information contained herein.
I acknowledge that I am aware that it is a criminal offense to make a false statement or
misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal prosecution
under the law and that it will also constitute a material breach of my agreement(s) with the Name of
Contracting Unit and that the Reference to Contracting Unit at its option may declare any contract(s)
resulting from this certification void and unenforceable.
Full Name
(Print)
Title
Signature
Date
RFP – Victor Crowell Park Master Plan – Borough of Middlesex
35
BOROUGH OF MIDDLESEX
ACKNOWLEDGMENT OF RECEIPT OF ADDENDA
The undersigned Bidder hereby acknowledges receipt of the following Addenda:
ADDENDUM
NUMBER
DATE
ACKNOWLEDGE RECEIPT
(Initial)
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
No Addenda were received:
Acknowledged for:
(Name of Bidder)
By:
(Signature of Authorized Representative)
Name:
(Print or Type)
Title:
Date:
RFP – Victor Crowell Park Master Plan – Borough of Middlesex
36
EXHIBIT A
EVALUATION SHEET
BOROUGH OF
MIDDLESEX
EVALUATORS NAME
Write NA if
category
COMPANY NAME
does not apply.
Understanding the Requested Work
10 Points
Category
0 Points
1 - 2 Points
3 - 4 Points
Points Given
Demonstrates clear
Does not demonstrate clear
Proposal points are
Proposal is clear, readable
understanding
understanding
adequately defined
and precise
0 Points
1 - 2 Points
3 Points
Completeness and
Does not address major
Proposal absent some non-
Proposal complete and
responsiveness to RFP
requirements
critical points
responsive
Compliance with
Does not comply
Complies substantially
Complies with all
instructions and requests
instructions and requests
Knowledge and Professional Compliance
25 Points
Category
0 - 2 Points
3 - 4 Points
5 - 6 Points
Points Given
Education and training of
Minimal training, no formal
Some prior experience, some
High level of education and
employees, suitability to
education, new performer
training and documented
training, well proven
perform the required tasks
performance
performance
0 Points
1 - 2 Points
3 - 7 Points
Does respondent have the
Not adequately documented
Proposal uses some current
Well documented use of the
character, integrity,
technology
latest technologies
reputation, judgment,
experience & efficiency
required by the Professional
0 Points
1 - 2 Points
3 - 4 Points
QA/QC Process
Not adequately documented
QA/QC documented, but
QA/QC documented with
with little oversight
significant oversight
0 Points
1 - 3 Points
4 - 8 Points
Primary Professional vs.
More than one Sub-
Only one Sub-Professional
Primary Professional will do
subcontracted resources
Professional
providing 50% of resources
entire project
depending on nature of sub
to be used
and percentage of project
Ability to Perform Services in a Timely Manner
15 Points
Category
0 Points
1 - 2 Points
3 - 4 Points
Points Given
Scheduling Timeline
Cannot meet schedule
Meets most of schedule
Meets entire schedule
0 - 1 Points
2 - 3 Points
4 - 6 Points
Personnel & Resources
May not be sufficient
Sufficient for project
Dedicated resources
0 - 2 Points
3 - 4 Points
5 Points
Primary Professional
Primary Professional has not
Primary Professional has
No Sub-Professional or a
relationship Sub-
worked with Sub-
limited experience with Sub-
proven record with Sub-
Professionals
Professional
Professional
Professional
RFP – Victor Crowell Park Master Plan – Borough of Middlesex
37
Management, Experience and Personnel Qualifications
25 Points
Category
0 Points
1 - 2 Points
3 Points
Points Given
Project Management Plan
Not demonstrated as sound
Plan is average
Plan is sound and detailed
Project Management Team
Does not meet qualifications
Qualified but little
Well qualified and has
experience working together
collaborated on similar projects
0 Points
1 -2 Points
3 - 5 Points
Record of reliability and
Not documented
Some documentation
Track record of high quality
quality of service
0 - 1 Points
2 - 4 Points
5 - 7 Points
Scope of Work Experience
Few related projects
Some similar projects
Numerous similar projects
Experience in performing
Limited experience
Good experience
Exceptional experience
similar work by employees
Management, Experience and Personnel Qualifications
25 Points
Category
0 Points
2 Points
3 Points
Points Given
Explanation of costs
Costs not explained
Some correlation provided
Well documented
0 - 4 Points
5 - 10 Points
11 - 15 Points
Cost comparison
Highest third in salary
dollars
Middle third in salary dollars
Lowest third in salary dollars
0 - 1 Points
2 - 3 Points
4 - 6 Points
Other costs, copies, travel, etc
Travel and copy cost in
Copy cost equal to OPRA
costs
None
excess of OPRA
0 Points
1 - 2 Points
3 Points
Additional Services
No needed additional
Possible additional services
Needed additional services
services identified
identified, costs not included
identified and included
TOTAL POINTS AWARDED
--- Document: Ad#1 ---
BOROUGH OF MIDDLESEX
NOTICE OF ADDENDUM NO. 1
Victor Crowell Park Master Plan
Addendum No. 1 has been issued for the Bid pertaining to Victor Crowell Park Master Plan for
the Borough of Middlesex on Monday, June 3, 2024, and posted on Borough website.
Copies of Addendum No. 1 may be seen or procured at the following location: Borough of
Middlesex, 1200 Mountain Avenue, Middlesex, NJ 08846 during regular business hours Monday-
Friday, 9:00 a.m. – 4:00 p.m. or on the Borough’s website at www.middlesexboro-nj.gov.
TO ALL CONCERNED: The original bid specification package for the above referenced project is
amended as noted in Addendum No.1.
CONCERNING QUESTION RECEIVED:
QUESTION
1) We want to clarify a discrepancy in the proposal forms noted on page 3 and page 16 and the
checklist on page 19. Please advise if the List of Contribution form is required or not, and if you
can forward a copy, or post to the website. Page 3 notes the List of Contribution and
Acknowledgement of Corrections forms are required. The set of forms included at the end of
the RFP does not include copies of the List of Contribution or the Acknowledgment of
Corrections, Additions or Deletions form, as noted below in red. Additionally, page 16, item 12.2
Proposal Forms list does not include the List of Contribution or the Acknowledgement of
Corrections, Additions or Deletions form. While the Checklist on page 19, notes the missing
Acknowledgement of Corrections, Additions or Deletions form, but doesn’t list the List of
Contribution form.
Please advise if the List of Contribution and the Acknowledgement of Corrections, Additions or
Deletions Form are required or not. If yes, can you provide copies, or post to the website?
ANSWER
1) The List of Contributions form is not required. Form should not have been included in
the package. You do not need to complete and submit the List of Contributions form.
The Acknowledgement of Corrections, Additions or Deletions form is the
ACKNOWLEDGMENT OF RECEIPT OF ADDENDA form, which is found on page 35. The
Acknowledgement of Receipt of Addenda is a required form and must be submitted
with your proposal.
QUESTION
2) We were wondering if a map or survey has been prepared showing the additional
acquired land for the planned annex. If yes, could you please share it, and any other
diagrams or maps that outlines the existing and additional perimeter of the park.
ANSWER
2) Map showing the perimeter of the park will be posted on the Borough website
(www.middlesexboro-nj.gov) and furnished to all potential bidders who requested a bid
package.
Carmen Modica
Purchasing Agent
--- Document: Ad#2 ---
BOROUGH OF MIDDLESEX
NOTICE OF ADDENDUM NO. 2
Victor Crowell Park Master Plan
Addendum No. 2 has been issued for the Bid pertaining to Victor Crowell Park Master Plan for
the Borough of Middlesex on Monday, June 3, 2024, and posted on Borough website.
Copies of Addendum No. 2 may be seen or procured at the following location: Borough of
Middlesex, 1200 Mountain Avenue, Middlesex, NJ 08846 during regular business hours Monday-
Friday, 9:00 a.m. – 4:00 p.m. or on the Borough’s website at www.middlesexboro-nj.gov.
TO ALL CONCERNED: The original bid specification package for the above referenced project is
amended as noted in Addendum No. 2.
CONCERNING QUESTION RECEIVED:
QUESTIONS
1. Based on the information provided in the RFP, please confirm that topographic and boundary
surveys are not required as part of this project.
Not required but such information would be useful on the base maps developed by the
chosen consultant.
2. Please confirm that conceptual plans are to be developed on aerial mapping or available
mapping supplied by the Borough.
Yes.
3. Will the Borough provide consultants preparing proposals copies of the previously designed
plans for the previous improvements constructed at the site and along the lake?
We will gather whatever information, such as previous plan and studies, is available.
Carmen Modica
Purchasing Agent
--- Document: Survey ---
KARLJ, OTTO
LOU'S A. ZARRELLI
LOT 17
UNION
WIDTH
VARIES
BLOCK 117
FREDERICK & JOANN
WEBER
LOUIS J. VEVERLEY Q.
MARSICO
LOT 18
LOT 19
ELMWOOD
AVE
BLOCK 108
THOMAS A. & LINDA
J. BRIGHT
LOT 9
AVENUE also NEW JERSEY STATE HIGHWAY ROUTE 28
SPLIT RAIL
N27°58′W/38.00
STONE WALL
HSIN, 22
CUNG CUT 30
TRAFFICIN
TYP
NG1°32 E
UTILIT
CON
EX. CURE CUT SB
UTILITY
30
150.04
-34-
EXISTING MACADAM
STONE PARKING
AREA
CTV
FLOOR
35
METAL GUARD
CTYR
R:495.00
ARC 135.5I
WILLOW
URY
RAGE
CONC CURE
COIC. SIDEWAL
COLOT & LOT 9 | LOTIO LOT II LOT 12 LOT 13 LOT 14 LOT IS LOT
100.00
THEODORE W.
HELEN
KOWALSKY
36-3
12.6 560
24.0
EXISTING ROW OF CEDAR TREES
READ TREES TO BE REMOVED AND
528°28′E
REPLACED.
NG1932E
50.85
127.48
BENJAMINE CATHERINE
PASSA
BLOCK 154
ANDREW K. LOUISE
B. KELLY
BLOCK 136
LOT 25
CROWELL
LOT 21 LOT 22 LOT 23/0
GREENE
AVE.
LOT 17 LOT 18 LOT 19 LOT 20
GRAPHIC SCALE
75
100
1-30
ZONE
UNION
AVENUE
also
CROWELL PARK
LAKE
P.Q
ELMWOOD
AVENUE
OO YEAR FLOOD
R-100
N.J.STATE HIGHWAY ROUTE #28
500 YR, FLOODS
ZONE
WILLOW
DRIVE
FLOODWAY LINE
FROM THE NATIONAL FLOOD
INSURANCE PROGRAM, FLOCE
BOUNDARY AND FLOOD WAY MAR
USE
PANEL NO. 345305 0001
LOT AREA
LOT WIDTH
RONT YARD
REAR YARD
SIDE YARD
PARKING
MAX, PERCENTAGE OF LOT
COVERAGE BY BUILDING
MAX, PERCENTAGE OF LOT COVER-
AGE BY BUILDING & PAVEMENT
HABITABLE FLOOR
AREA
BUILDING HEIGHT
GREENE
AVENUE
R-75
MOHAWK
AVENUE
REQUIRED
KEY MAP
MELROSE AVENUE
SCAL SITE PLAN PROVAL GRAINED
SINGLE FAMILY DWLG.
7,500 SQ. FT.
75'
30'
20
MIN, 8 TOTAL: 20'
10
25%
60%
MIN. = 900 SQ. FT.
MAX. 2½ STORIES
VARIANCE MAP FOR LOTS I TOT AND 51452 WALLACE M. GRAVES
BLOCK #IS4 SHEET #11 OF THE
BOROUGH OF MIDDLESEX TAX MAP
MIDDLESEX COUNTY NEW JERSEY
OWNER & APPLICANT
RAYMOND OGIBA
REVISED 4-30-85 #13967
74 MARIE AVENUE
ASSOCIATES, INC.
LAND SURVEYORS
P.O.BOX 367
409 EAST MAIN STREET
BOUND BROOK, N.J.08805
356-0272
BRIDGEWATER, N.. 08807 DRAWN BY CKD BY DATE
526-2607
J.W.C.
SCALE
4-1-851"=30
BY THE ZONING SOARD OF THE
BOROUGH OF MIDDLESEX, N. J.
Zoning Board
Bal
Secretary Of The Zoning Board
Margaret Hanama
DATED
Borough Clerk
7/3/85
PROPOSED
EXISTING AUTO REPAIR SHOP
17,370 SQ. FT. t
150
SI
6.8
MIN. 12.6'
EXISTING = 17
10% INCLUDING ADDITION
60%
1814 50. FT.
1-STORY
BORO OF MIDDLESEX
Forme
JUN 3 1985
LOLITL
CONSTRUCTION DEPT
Joseph W. Cuthbest
JOSEPH W. CUTHBERT
LAND SURVEYOR-N.J. LIC. #9098
GEORGE SHULACK
LAND SURVEYORN.J. LIC #16187
BOOK PAGE ORDER NO. FILE NO.
13894 MZ-713
MIDDLESEX
BOROUGH OF
LOT50/LOT49/LOT 48/LOT 47/LOT 46/LOT 45/LOT44/LOT43/LOT 42/LOT 41
540°43'W
DRIVE
40
200' RADIUS J
PARK
LAKE
BOROUGH OF MIDDLESEX
--- Document: NOTICE TO BIDDERS - Automated Doors For Middlesex Borough Library - BID #: 003-2024 ---
REV 02/2024
1
Borough of Middlesex
1200 Mountain Avenue
Middlesex, New Jersey 08846
NOTICE TO BIDDERS
Sealed bids will be received by the Purchasing Agent for the Borough of Middlesex on May
24, 2024 at 11:00am prevailing time at the Borough of Middlesex, 1200 Mountain
Avenue, Middlesex, NJ 08846 at which time and place bids will be opened and read in
public for:
AUTOMATED DOORS FOR MIDDLESEX BOROUGH LIBRARY
BID #: 003-2024
Bid responses must be made on the standard proposal forms, be enclosed in a sealed
package bearing the name and address of the bidder and the “BID TITLE NAME &
CONTRACT #” on the outside, addressed to Carmen Modica, Purchasing Agent, at the
address above. Bids will not be accepted after 11:00am on May 24, 2024.
Any Bid Addenda will be issued on the Borough website and processed in accordance with
N.J.S.A. 40A:11-23(c)(1). All interested bidders should check the website from now
through bid opening. It is the sole responsibility of the respondent to be knowledgeable
of all addenda related to this procurement.
Specifications and instruction to bidders may be obtained in the Clerk’s Office or the
Borough website at www.middlesexboro-nj.gov.
Bidders are required to comply with the requirements of N.J.S.A. 10:5-31 et seq. and
N.J.A.C. 17-27 et seq.
Carmen Modica
Purchasing Agent
Date Advertised: May 10, 2024
REV 02/2024
2
BOROUGH OF MIDDLESEX
GENERAL INSTRUCTIONS
1.
SUBMISSION OF BIDS
A. Sealed bids shall be received on May 24, 2024 the Borough of Middlesex, hereinafter
referred to as “owner”, in accordance with public advertisement as required by law, a
copy of said notice being attached hereto and made a part of these specifications.
B. Sealed bids shall be received by the designated representative at 11:00am at 1200
Mountain Avenue, Middlesex, NJ 08846 as stated in the Notice to Bidders, and at such
time and place will be publicly opened and read aloud.
C. Each bid shall be submitted on the proposal form attached, in a sealed envelope
(1) Addressed to the Purchasing Agent
(2) Bearing the name and address of the bidder on the outside of the envelope
(3) Clearly marked “BID” with the contract title being bid. Provide One (1) Original &
One (1) copy of the bid. Faxed or emailed bids will NOT be accepted.
D. It is the bidder’s responsibility to see that bids are presented to the Purchasing Agent
prior or at the time and at the place designated. Bids may be hand delivered or mailed;
however, the owner disclaims any responsibility for bids forwarded by regular, express
or overnight mail. Bids sent by express mail or delivery service must either 1)
include the designation in sub-section C, above on the outside of the express
mail or service envelope; or 2) must be in a separate envelope inside the
delivery envelope and the envelope marked as required above. Bids received
after the designated time and date will be returned unopened.
E. The Borough reserves the right to postpone the date for presentation and opening of
bids and will give written notice of any such postponement to each perspective bidder as
required by law.
F. Sealed bids forwarded to the owner before the time of opening of bids may be
withdrawn upon written application of the bidder who shall be required to produce
evidence showing that the individual is or represents the principal or principals involved
in the bid. Once bids have been opened, they shall remain firm for a period of sixty (60)
calendar days.
G. All prices and amount must be written in ink or preferably machine printed. Bids
containing any conditions, omissions, unexplained erasures or alternations, items not
called for in the bid proposal form, attachment of additive information not required by
the specifications, or irregularities of any kind, may be cause for rejection by the owner
in accordance with applicable law. Any changes, whiteouts, strikeouts, etc. in the bid
must be initialed in ink by the person signing the bid.
H. Each bid proposal form must give the full business address, business phone, fax, e-mail,
the contact person of the bidder, and be signed by an authorized representative as
follow:
• Bids by partnerships 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.
• Bids 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 designation of the president, secretary or other person authorized to bind the
corporation in the matter.
• Bids by sole-proprietorship shall be signed by the proprietor.
• When requested, satisfactory evidence of the authority of the officer signing shall
be furnished.
REV 02/2024
3
I. Multiple Bids Not Accepted
More than one bid from an individual, a firm or partnership, a corporation or association
under the same or different names shall not be considered.
J. Bidder should be aware of the following statues that represent “Truth in Contracting”
laws:
➢ N.J.S.A. 2C:21-34, et seq. governs false claims and representations by bidders. It is
a serious crime for the bidder to knowingly submit a false claim and/or knowingly
make material misrepresentation.
➢ N.J.S.A. 2C:27-10 provides that a public servant commits a crime if said public
servant solicits or receives a benefit directly or indirectly, or 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 bidder commits a crime if said person, directly or
indirectly, confers or agrees to confer any benefit not allowed by law to a public
servant.
➢ Bidder should consult the statutes or legal counsel for further information.
K. Pay-to-Play Disclosure – Business entities are advised of their responsibility to file an
annual disclosure statement of political contributions with the New Jersey Election Law
Enforcement Commission (ELEC) pursuant to N.J.S.A. 12:44A-20.27 if they receive
contracts in excess of $50,000 from public entities in a calendar ear. Business entities
are responsible for determining if filing is necessary. Additional information on this
requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.
L. Official Request for Bid packages are available from the Borough’s website at
www.middlesexboro-nj.gov at no cost to the prospective bidders. All addenda are
posted on the website and issued in accordance with N.J.S.A. 40A:11-23(c)(1).
Potential bidders are cautioned that they are responding at their own risk if a third party
supplied the specifications that may or may not be complete. The owner is not
responsible for third party supplied documents. Respondents are urged to contact the
owner with their contact information so any addenda to these specifications can be sent
to them.
M. Results of all bids are posted on the Borough website.
2.
BID SECURITY AND BONDING REQUIREMENTS
The following provisions, if indicated by an (x), shall be applicable to this bid and
be made a part of the bidding documents:
A.
BID GUARANTEE
Bidder shall submit with the bid a certified check, cashier’s check or bid bond in the
amount of ten percent (10%) of the total price bid, but not in excess of $20,000,
payable unconditionally to the Borough of Middlesex.
When submitting a Bid Bond, it shall contain Power of Attorney for full amount of Bid
Bond from a surety company authorized to do business in the State of New Jersey and
acceptable to the Borough of Middlesex.
The check or bond of the unsuccessful bidder(s) shall be returned pursuant to N.J.S.A.
40A:11-24a. The check or bond of the bidder to whom the contract is awarded shall be
retained until a contract is executed and the required performance bond or other
security is submitted.
The check or bond of the successful bidder shall be forfeited if bidder fails to enter into
contract pursuant to N.J.S.A. 40A:11-21. The Bid Bond shall include a valid Power of
Attorney authorizing the Attorney-in-Fact to execute the documents. Failure to submit
required guarantee shall be cause for rejection of the bid.
REV 02/2024
4
B.
CONSENT OF SURETY
Bidder shall submit with the bid a Certificate (Consent) of Surety with Power of Attorney
for full amount of bid price from a Surety Company authorized to do business in the
State of New Jersey, and acceptable to the Borough of Middlesex stating that it will
provide said bidder with a Performance Bond in the full amount of the bid. This
certificate shall be obtained in order to confirm that the bidder to whom the contract is
awarded will furnish Performance and Payment Bonds from an acceptable surety
company on behalf of said bidder, any or all subcontractors or by each respective
subcontractor or by any combination thereof which results in performance security equal
to the total amount of the contract, pursuant to N.J.S.A. 40A:11-22.
The Consent of Surety shall include a valid Power of Attorney authorizing the Attorney-
in-Fact to execute the documents. Failure to submit this shall be cause for rejection of
the bid.
C.
PERFORMANCE BOND
Successful bidder shall simultaneously with the delivery of the executed contract, submit
an executed bond in the amount of one hundred percent (100%) of the acceptable bid
as security for the faithful performance of this contract.
The performance bond provided shall not be released until final acceptance of the whole
work and then only if any liens or claims have been satisfied. The surety on such bond
or bonds shall be a duly authorized surety company authorized to do business in the
State of New Jersey pursuant to N.J.S.A. 17:31-5. For multi-year contracts, the
Performance Bond may be resubmitted each year on the Contract Anniversary Date for
the amount remaining on the contract.
Failure to submit this with the executed contract shall be cause for declaring contract
null and void pursuant to N.J.S.A. 40A:11-22.
D.
LABOR AND MATERIAL (PAYMENT) BOND
The successful bidder shall with the delivery for the performance bond submit an
executed payment bond to guarantee payment to laborers and suppliers for the labor
and material used in the work performed under the contract.
Failure to submit a labor and material bond with the performance bond shall be cause
for declaring the contract null and void.
E.
MAINTENANCE BOND
Upon acceptance of the work by the Borough of Middlesex, the contractor shall submit a
maintenance bond (N.J.S.A. 40A:1-16.3) in an amount not to exceed 100% of the
project costs guaranteeing against defective quality of work or materials for the period
of:
1 Year
2 Years
3.
PREPARATION OF BIDS (PRICING INFORMATION AND FORMS)
A. (1) The owner is exempt from any local, state or federal sales, use or excise tax. The
owner will not pay for New Jersey State Sales and Use Tax that are included in any
invoices. The owner will not pay service charges such as interest and late fees.
(2) The owner or any of its offices and divisions will not complete credit applications as a
result of contract(s) resulting from award based on these specifications.
B. Bids shall be signed in ink (Original Signature Required) by the bidder, all quotations
shall be made with a typewriter/computer or pen and ink. Any quotation showing any
REV 02/2024
5
erasure alteration must be initialed by the bidder in ink. Unit prices and totals are to be
inserted in spaces provided.
C. Failure to sign and give all information in the bid may result in the bid being rejected.
D. Estimated Quantities (Open-Ended Contracts, Purchase as Needed) The owner has
attempted to identify the item(s) and the estimated amounts of each item bid to cover
its requirements; however, past experience shows that the amount ordered may be
different than that submitted for bidding. The right is reserved to decrease or increase
the quantities specified in the specifications pursuant to N.J.A.C. 5:30-11.2 and 11.10.
NO MINIMUM PURCHASE IS IMPLIED OR GUARANTEED.
E. Contractor shall be responsible for obtaining any applicable permits or licenses from any
government entity that has jurisdiction to require the same. All bids submitted shall
have included this cost.
F. Bidders shall insert prices for furnishing goods and services required by these
specifications. Prices shall be net including any charges for packing, crating, containers
etc. All transportation charges shall be fully prepaid by the contractor, F.O.B.
destination and placement at locations specified by the owner. No additional charges
will be allowed for any transportation costs resulting from partial shipments made at
vendor’s convenience when a single shipment is ordered.
G. Any bidder may withdraw his bid at any time before the time set for receipt of bids. No
bid may be withdrawn in the 60-day period after the bids are received.
H. Bidder shall complete and sign the Bid Submission Document Checklist and include it
with the bid submission. For construction bids, failure to submit the checklist is a
fatal defect and the bid will be rejected. This document serves as a guide to bidders
to bidders of the documents that are required to be submitted with the bid.
I. Results of all bids are posted on the Borough website www.middlesexboro-nj.gov.
4.
FIRM FIXED CONTRACT
This is a firm fixed contract, prices firm, FOB Borough of Middlesex locations. No price
escalation. The vendor shall void the contract and permit the Borough to solicit open
market pricing should any price increase or surcharge be imposed.
5.
INTERPRETATIONS AND ADDENDA
A. The bidder understands and agrees that its bid is submitted on the basis of the
specifications prepared by the Borough. The bidder accepts the obligation to become
familiar with these specifications.
B. Bidders are expected to examine the specifications and related documents with care and
observe all their requirements. Ambiguities, errors, or omissions noted by bidders
should be promptly reported in writing to the appropriate official. Any prospective
bidder who wishes to challenge a bid specification shall file such challenges in writing
with the contracting agent no less than three business days prior to the opening of the
bids. Challenges filed after that time shall be considered void and have no impact on the
contracting unit or the award of a contract pursuant to N.J.S.A. 40A:11-13. In the event
the bidder fails to notify the owner of such ambiguities, errors or omissions, the bidder
shall be bound by the requirements of the specifications and the bidder’s submitted bid.
C. No oral interpretation and or clarification of the meaning of the specifications for any
goods and services will be made to any bidder. Every request for an interpretation shall
be in writing, addressed to the owner’s representative stipulated in the specification. In
order to be given consideration, written requests for interpretation and or clarification
REV 02/2024
6
must be received at last three (3) business days prior to the date fixed for the opening
of the bids for goods and services.
D. 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 bidders.
All addenda so issued shall become part of the specification and bid documents and shall
be acknowledged by the bidder by completing the Acknowledgement of Receipt of
Addenda form. The owner’s interpretations or corrections thereof shall be final.
Pursuant to N.J.S.A. 40A:11-23(c)(1) when issuing addenda, the owner shall provide
required notice prior to official receipt of bids to any person who has submitted a bid or
who has received a bid package. They will be sent via electronic transmissions to those
known
recipients
of
the
bid
specifications.
They
will
be
sent
from
cmodica@middlesexboro-nj.gov. It is recommended that bidders include this address in
the recipient email’s contact list to ensure it is not routed to a junk folder.
E. Discrepancies in Bids
1. If the amount shown in words and its equivalent 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 price shall prevail. In the event there is an error of the summation of
the extended totals, the computation by the owner of the extended totals shall
govern.
F. Optional Pre-Bid Conference
If stated in the Notice to Bidders and checked below:
A pre-bid conference will not be held.
A pre-bid conference for this proposal will be held at 10:30am on May 15, 2024.
Attendance is not mandatory but is strongly recommended. Failure to attend does not
relieve the bidder of any obligations or requirements.
6.
BRAND NAMES, STANDARDS OF QUALITY AND PERFORMANCE
A. Brand names and/or descriptions used in these specifications are to acquaint bidders
with the types of goods and services desired and will be used as a standard by which
goods and services offered as equivalent will be evaluated. The owner reserves the right
to evaluate equivalency of a product which, in its deliberations, meets its requirements.
B. When a specification uses “brand name or equivalent”, the listed brand name shall serve
as a reference or point of comparison for the functional or operational characteristic
desired for the good or service being requested. Where a bidder submits an equivalent,
it shall be the responsibility of the bidder to document the equivalence claim. Failure to
submit such documentation shall be grounds for rejection of the claim of equivalence.
C. In submitting its bid, the bidder certifies that the goods or services to be furnished will
not infringe upon any valid patent or trademark and that the successful bidder shall, at
its own expense, defend any and all actions or suits charging such infringement, and will
save the owner harmless from any damages resulting from such infringement.
D. Only manufactured and farm products of the United States, wherever available, shall be
used pursuant to N.J.S.A. 40A:11-18.
E. Wherever practical and economical to the owner, it is desired that recycled or recyclable
products be provided. Please indicate when recycled products are being offered.
REV 02/2024
7
F. The contractor shall guarantee any or all goods and services supplied under these
specifications. Defective or inferior goods shall be replaced at the expense of the
contractor. The contractor will be responsible for return freight or restocking charges.
7.
METHOD OF CONTRACT AWARD
A. The owner reserves the right to accept or reject any or all bids, to waive identified
irregularities and technicalities, and to award in whole or in part to the lowest
responsible bidder, if it is in the best interest of the owner to do so. Without limiting the
generality of the foregoing, any bid which is incomplete, obscure, or irregular may be
rejected, any bid having erasures or corrections in the price sheet may be rejected, any
bid in which unit prices are omitted, or in which unit/total prices are unbalanced, may be
rejected, any bid accompanied by any insufficient or irregular certified check, cashier’s
check or bid bond may be rejected.
B. The owner further reserves the right to award each item separately to the lowest
responsible bidder meeting specifications or to make an award based on the total bid to
the bidder whose total sum is the low bid meeting the specifications, whichever in the
awarding authorities’ opinion is in the best interest of the owner. Without limiting the
generality of the foregoing, the owner reserves the right to award a contract based on
either option that may be described in the bid proposal or based on any combination
thereof.
C. The owner may also elect to award the contract on the basis of unit prices.
D. The owner reserves the right to award equal or tie bids at their discretion to any one of
the tie bidders.
E. Should the bidder, to whom the contract is awarded, fail to enter into a contract, the
Borough may then, at its option, accept the bid of the next lowest responsible bidder.
F. The effective period of this contract will be two years unless otherwise noted in the
specifications. Continuation of the terms of this 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 Borough reserves the right to cancel this contract.
G. The form of contract shall be submitted by the Borough to the successful bidder. Terms
of the specifications/bid package prevail. Bidder exceptions must be formally accepted
by the Borough; material exceptions shall not be approved.
H. Successful bidder/respondent shall complete W-9 Form and submit to the owner prior to
contract award. The form is available at the following link: www.irs.gov/pub/irs-
pdf/f29.pdf
I. Government entities are not private business/consumer clients; therefore, separate
company agreements are not honored. Terms of the specifications/bid package prevail
unless otherwise noted by the vendor as exceptions.
8.
CAUSES FOR REJECTING BIDS
Bids may be rejected for any of the following reasons:
A. All bids pursuant to N.J.S.A. 40A:11-13.2;
B. If more than one bid is received from an individual, firm or partnership, corporation or
association under the same name;
C. Multiple bids from an agent representing competing bidders;
D. The bid is inappropriately unbalanced;
REV 02/2024
8
E. If the successful bidder 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 owner may accept the bid of the next lowest responsible bidder. (N.J.S.A.
40A:11-24b)
9.
NEW JERSEY PREVAILING WAGE ACT (When Applicable) N.J.S.A. 34:11-56.25 et seq.
Pursuant to N.J.S.A. 34:11-56.25 et seq, contractors on projects for public work shall
adhere to all requirements of the New Jersey Prevailing Wage Act. The contractor shall be
required to submit a certified payroll record to the owner within ten (10) days of the
payment of wages. The contractor is also responsible for obtaining and submitting all
subcontractors’ certified payroll records within the aforementioned time period. The
contractor shall submit said certified payrolls in the form set forth in N.J.A.C. 12:60-6.1(c).
It is the contractor’s responsibility to obtain any additional copies of the certified payroll
form to be submitted by contacting the New Jersey Department of Labor and Workforce
Development, Division of Workplace Standards. Additional information is available at
http://lwd.dol.state.nj.us/labor/wagehour/wagerate/wage_rates.html. In the event it is
found that any worker, employed by the contractor or any subcontractor has been paid a
rate of wages less than the prevailing wage required to be paid, the owner may terminate
the contractor’s or subcontractor’s right to proceed with the work, or such part of the work
as to which thee has been a failure to pay required wages and the contractor and
subcontractor then be required to continue the work to completion or otherwise.
10.
THE PUBLIC WORKS CONTRACTOR REGISTRATION ACT–N.J.S.A. 34:11-56.48 et seq.
N.J.S.A. 34:11-56.48 et seq. requires that a general or prime contractor and any listed
subcontractors named in the contractor’s bid proposal shall possess a certificate at the time
the bid proposal is submitted. After bid proposals are received and prior to award of
contract, the successful contractor shall submit a copy of the contractor’s certification along
with those of all listed subcontractors. All non-listed subcontractors and lower tier sub-
subcontractors shall be registered prior to starting work on the project. It is the general
contractor’s responsibility that all non-listed sub-contractors at any tier have their certificate
prior to starting work on the job.
Under the law a “contractor” is “a person, partnership, association, joint stock company,
trust, corporation or other legal business entity or successor thereof who enters into a
contract” which is subject to the provisions of the New Jersey Prevailing Wage Act (N.J.S.A.
34: 11-56.25, et seq.) It applies to contractors based in New Jersey or in another state.
The law defines “public works projects” as contracts for “public work” as defined in the
Prevailing Wage statue (N.J.S.A. 34:11-56.25(5)). The term means:
•
“Construction, reconstruction, demolition, alteration, or repair work, or maintenance
work, including painting and decorating, done under contract, and paid for in whole
or in part out of the funds of a public body, except work performed under a
rehabilitation program.
•
“Public work” shall also mean construction, reconstruction, demolition, alteration, or
repair work, done on any property or premises, whether or not the work is paid for
from public funds…”
•
“Maintenance work” means the repair of existing facilities when the size, type or
extent of such facilities is not thereby changed or increased. White “maintenance”
includes painting and decorating and is covered under the law, it does not include
work such as routine landscape maintenance or janitorial services.
To register, a contractor must provide the State Department of Labor and Workforce
Development with a full and accurately completed application form. The form is available
online at http://lwd.dol.state.nj.us/labor/wagehour/regperm/pw_cont_reg.html.
REV 02/2024
9
N.J.S.A. 34:11-56.55 specifically prohibits accepting applications for registration as a
substitute for a certificate or registration.
11.
EQUIPMENT CERTIFICATION
Bidder shall certify on the Equipment Certification form that they control or have access to
equipment necessary to do the required work if awarded the contract. If the bidder does not
own or lease the equipment, a certification from the owner of the equipment that the bidder
will have access to the equipment is required with the bid. (N.J.S.A. 40:11-20)
12.
NON-COLLUSION AFFIDAVIT – N.J.S.A. 52:34-15
The Non-Collusion Affidavit, which is part of these specifications, shall be properly executed
and submitted intact with the proposal.
13.
NEW JERSEY ANTI-DISCRIMINATION – N.J.S.A. 10:2-1
There shall be no discrimination against any employee engaged in the work required to
produce the goods and services covered by any contract resulting from this bid, or against
any applicant to such employment because of race, religion, sex, national origin, creed,
color, ancestry, age, marital status, affectional or sexual orientation, familial status, liability
for service in the Armed Forces of the United States, or nationality. This provision shall
include, but not be limited to the following: employment upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. The contractor shall
insert a similar provision in all subcontracts for services to be covered by any contract
resulting from this bid.
14.
MANDATORY EEO/AFFIRMATIVE ACTION EVIDENCE – N.J.S.A. 10:5-31 et seq. and
N.J.A.C. 17-27 et seq.
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. as administered by the Division of
Purchase & Property Contract Compliance and Audit Unit (Division) and provided below.
The contract will include the language included as Attachment A in this specification.
1. Goods, Professional Services and Service 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 Letter of Federal Approval indicating that the vendor is under an existing federally
approved or sanctioned affirmative action program. A copy of the letter must be
provided by the vendor to the Public Agency and Division. This approval letter is
valid for one year from the date of issuance.
ii. A Certificate of Employee Information Report (hereafter “Certificate”), issued in
accordance with N.J.A.C. 17:27 et seq. The vendor must provide a copy of the
Certificate to the Public Agency as evidence of its compliance with the regulations.
The Certificate represents the review and approval of the vendor’s Employee
Information Report, Form AA-302 by the Division.
iii. The successful bidder shall complete an Initial Employee Report, Form AA-302 and
submit it to the Division with a check or money order for $150.00 made payable to
“Treasurer, State of New Jersey" and forward a copy of the Form to the Public
Agency. Upon submission and review of the Division, the Report shall constitute
evidence of compliance with the regulations.
2. Construction Contracts
All successful contractors shall complete and submit an Initial Project Manning Report
(AA201-available
on-line
at
www.state.nj.us/treasury/contract_compliance
upon
notification of award. Proper completion and submission of this Report shall constitute
evidence of the contractor’s compliance with the regulations. Failure to submit this form
REV 02/2024
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may result in the contract being terminated. The contractor also agrees to submit a
copy of the Monthly Project Workforce Report, Form AA-202 once a month thereafter for
the duration of the contract to the Department of LWD and to the Public Agency.
15.
AMERICANS WITH DISABILITIES ACT OF 1990 – 42 U.S.C. S121 01 et seq.
Discrimination on the basis of disability in contracting for the purchase of goods and
services is prohibited. Bidders are required to read Americans with Disabilities language
that is included in 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 owner harmless for any violations committed under the contract.
16.
WORKER AND COMMUNITY RIGHT TO KNOW ACT – N.J.S.A. 34:5A-1 et seq.
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-1 et
seq., and N.J.A.C. 5:89-5 et seq.). All direct use containers shall bear a label indicating the
chemical name(s) and Chemical Abstracts Service number(s) of all hazardous substances in
the container, and all other substances which are among the five most predominant
substances in the container, or their trade secret registry number(s) pursuant to N.J.A.C.
8:59-5. “Container” means a receptacle used to hold a liquid, solid or gaseous substance
such as bottles, bags, barrels, cans, cylinders, drums, and cartons. (N.J.A.C. 8:59-1.3).
Further, all applicable Material Safety Data Sheets (MSDS) – hazardous substance fact sheet
– must be furnished. All containers which are stored at an owner’s facilities by the
contractor or subcontractors shall display RTK Labeling. Vendors with questions concerning
labeling should contact the new Jersey Department of Health and Senior Services Right to
Know
Program
for
assistance
in
developing
proper
labels.
www.nj.gov/health/workplacehealthandsafety/right-to-know
17.
STATEMENT OF CORPORATE OWNERSHIP – N.J.S.A. 52:25-24.2 (P.L. 1977 c.3)
In accordance with N.J.S.A. 52:25-24.2, no corporation, partnership, limited partnership,
limited liability corporation, limited liability partnership, Subchapter S corporation or sole
proprietorship, shall be awarded a contract, unless prior to the receipt of the bid or
accompanying the bid of the corporation, partnership, limited partnership, there is
submitted to the Borough a statement setting forth the names and addresses of all
stockholders who own 10% or more of the stock, of any class or of all individual partners
who own a 10% or greater interest in the corporation, partnership. Limited partnership,
limited liability corporation, limited liability partnership, Subchapter S corporation or sole
proprietorship. If one or more such stockholder or partner is itself a corporation or
partnership, the stockholders holding 10% or more of that corporation’s stock, or the
individual partners owning 10% or greater interest in that partnership, as the case may be,
shall also be listed. The disclosure shall be continued until names and addresses of every
noncorporate stockholder and individual partner, exceeding the 10% ownership criteria
established in this act has been listed. This form shall be signed and submitted with the
bid/proposal whether or not a stockholder or partner owns less than 10% of the business
submitting the bid. Failure to comply requires mandatory rejection of the bid/proposal. Not-
for-profit entities should fill in their name, check the not-for-profit box, and certify the form.
No other information is necessary.
18.
INSURANCE AND INDEMNIFICATION
If it becomes necessary for the contractor, either as principal or by agent or employee, to
enter upon the premises or property of the owner in order to construct, erect, inspect, make
delivery or remove property hereunder, the contractor hereby covenants and agrees to take
use, provide and make all proper, necessary and sufficient precautions, safeguards, and
protection against the occurrence of happenings of any accident, injuries, damages, or hurt
to person or property during the course of the work herein covered and be his/her sole
responsibility.
The contractor further covenants and agrees to indemnify and save harmless the owner
from the payment of all sums of money or any other consideration(s) by reason of any, or
REV 02/2024
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all, such accidents, injuries, damages, or hurt that may happen or occur upon or about such
work and all fines, penalties and loss occurred for or by reason of the violation of any owner
regulation, ordinance or the laws of the State, or the United States while said work is in
progress.
The contractor shall maintain sufficient insurance to protect against all claims under
Workers Compensation, General Liability and Automobile and shall be subject to approval
for adequacy of protection and certificates of such insurance shall be provided with the
owner named as additional insured.
A. Insurance Requirements
The insurance documents indicated by an (X) shall include but are not limited to
the following coverages. The successful bidder shall provide coverage so that all
insurance coverage must be in effect no later than 12:01 A.M. EST at the start of the day of
the contract and remain in effect for the duration of the contract, including any extensions.
Worker’s Compensation and Employer’s Liability Insurance
This insurance shall be maintained in full force during the life of this contract by the bidder
covering all employees engaged in performance of this contract pursuant to N.J.S.A. 34:15-
12(a) and N.J.A.C. 12:35-1.6. Minimum Employer’s Liability $1,000,000.00.
General Liability Insurance
This insurance shall have limits of not less than $3,000,000.00 any one person and
$3,000,000.00 any one accident for bodily injury and $3,000,000.00 aggregate for property
damage and shall be maintained in force during the life of the contract.
Automobile Liability Insurance
This insurance covering bidder for claims arising from owned, hired, and non-owned
vehicles with limits of not less than $3,000,000.00 any one person and $3,000,000.00 any
one accident for bodily injury and $3,000,000.00 each accident for property damage, shall
be maintained in force during the life of this contract by the bidder.
B. Certificates of the Required Insurance
Certificates of Insurance for those policies required above shall be submitted along with the
contract. Such coverage shall be with insurance companies authorized to do business in the
State of New Jersey and shall name the OWNER as an additional insured.
Self-insured contractors shall submit an affidavit attesting to their self-insured coverage and
shall name the OWNER as an additional insured.
C. Indemnification
The Contractor agrees to indemnify and hold harmless the owner, its officers, agents, and
employees, from all claims, suits or actions, and damages or costs of every name and
description to which the owner may be subjected or put by reason of injury to the person or
property of another, or the property of the owner, resulting from:
a) negligent acts or omissions on the part of the contractor, the contractor’s agents,
servants, or subcontractors in the delivery of goods and services, or in the
performance of the work under the contract; and,
b) the use of any copyrighted or copyrighted composition, valid trademark, secret
process, patented or unpatented invention or article furnished or used in the
performance of this contract.
The Borough of Middlesex will not accept Mutual Limitation of Liability terms.
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19.
PAYMENT
A. Payment will be made after a properly executed Borough voucher has been received and
formally approved on the voucher list by the Governing Body at its subsequent regular
meeting. The voucher will be certified correct by the department/division head who
received the goods or services.
B. The owner may withhold all or partial payments on account of subsequently discovered
evidence including but not limited to the following:
1. Deliverables not complying with the project specification;
2. Claims filed or responsible evidence indicating probability of filing claims;
3. A reasonable doubt that the contract can be completed for the balance then
unpaid.
C. When the above grounds are removed, payment shall be made for amount withheld
because of them.
D. Public funds may be used to pay only for goods delivered or services rendered. The
owner shall not pay penalties and/or interest on overdue bills unless otherwise required
by law. No employee is authorized to sign a letter of credit or any other document that
represents a legal commitment on the part of the owner to pay additional fees.
20.
TERMINATION
A. If, through any cause, the contractor shall fail to fulfill in a timely manner obligations
under the contract or if the contractor shall violate any of the requirements of the
contract, the Borough 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 Borough of any obligation for balances to
the contractor of any sum or sums set forth in the contract. The Borough will pay for
goods and services accepted prior to termination.
B. Notwithstanding the above, the contractor shall not be relieved of liability to the
Borough for damages sustained by the Borough by virtue of any breach of the contract
by the contractor and the Borough may withhold any payments to the contractor for the
purpose of compensation until such time as the exact amount of the damage due the
Borough from the contractor is determined.
C. The contractor agrees to indemnify and hold the Borough 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 Borough under this provision.
D. In case of default by the contractor, the Borough may procure the goods and 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 Borough reserves the right to cancel the contract.
F. It is understood by all parties that if, during the life of the contract, the contractor
disposes of his/her business concern by acquisition, novation, merger, sale and/or
transfer or by any means convey his/her interest(s) to another party, all obligations are
transferred to the new party. In this event, the new owner(s) will be required to submit
all documentation/legal instruments that were required in the original bid/contract. Any
changes shall be approved by the Borough.
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 Borough.
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H. The Borough may terminate the contract for convenience by providing sixty (60)
calendar days advanced notice to the contractor.
I. The contractor shall maintain all documentation related to products, transactions, or
services under this contract for a period of five years from the date of final payment.
Such records shall be available to the New Jersey Office of the State Comptroller upon
request.
J. For contracts that exceed one year, each fiscal year payment obligation of the Borough
is conditioned upon the availability of Borough funds appropriated or allocated for the
payment of such an obligation. If funds are not allocated and available for the
continuance of any services performed by the bidder awarded the contract (contractor)
hereunder, whether in whole or in part, the Borough at the end of any particular fiscal
year may terminate such services. The Borough will notify the contractor in writing
immediately of any services that will be affected by a shortage of appropriated funds.
This provision shall not be construed so as to permit the Borough to terminate the
contract during the term, or any service hereunder, merely in order to acquire identical
services from another contractor.
K. Neither party shall be responsible for any resulting loss or obligation to fulfill duties as
specified in any of the terms or provisions of a contract if the fulfillment of any term or
provision of the contract is delayed or prevented by any revolutions, insurrections, riots,
wars, acts of enemies, national emergencies, strikes, floods, fires, acts of God, or by any
cause not within the control of the party whose performance is interfered with which by
the exercise of reasonable diligence such party is unable to prevent. Additionally, if the
fulfillment of any of the terms and provisions of the contract is delayed or prevented by
any court order, or action or injunction or other such agreement, the contract shall
become voidable by the Borough by notice to the parties.
21.
ACQUISITION, MERGE, 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 owners(s) will be required to submit, when required, a performance
bond in the amount of the open balance of the contract.
22.
ADDITIONS/DELETIONS OF SERVICE
The Borough reserves the right to add and/or delete services to this contract. Should a
service requirement be deleted, payment to the Contractor will be reduced proportionally to
the amount of service deleted in accordance with the bid price. Should additional services
be required, payment to the Contractor will be increased proportionally to the amount of
service added in accordance with the bid price.
23.
Vendor’s literature and/or pricing sheets will not be accepted in lieu of completing the
proposal blank(s) set forth in these specifications.
24.
Bidders shall not write in margins or alter the official content or requirements of the
Borough bid documents.
25.
SPECIFICATIONS
Any prospective bidder who wishes to challenge a bid specification shall file such challenges
in writing with the contracting agent no less than three business days prior to the opening
of the bids. Challenges filed after that time shall be considered void and having no impact
on the contracting unit or the award of contract.
26.
OWNERSHIP OF MATERIAL
The owner shall retain all of its rights and interest in any and all documents and property
both hard copy and digital furnished by the owner to the contractor for the purpose of
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assisting the contractor in the performance of this contract. All such items shall be returned
immediately to the owner at the expiration or termination of the contract or completion of
any related services, pursuant thereto, whichever comes first. None of the documents
and/or property shall, without the written consent of the owner, be disclosed to others or
used by the contractor or permitted by the contractor to be used by their parties at any
time except in the performance of the resulting contract.
Ownership of all data, materials and documentation originated and prepared for the owner
pursuant to this contract shall belong exclusively to the owner. All data, reports,
computerized information, programs, and materials related to this project shall be delivered
to and become the property of the owner upon completion of the project. The contractor
shall not have the right to use, sell, or disclose the total of the interim or final work
products, or make available to third parties, without the prior written consent of the owner.
All information supplied to the owner may be required to be supplied on CD-ROM media
compatible with the owner’s computer operating system, windows based, Microsoft Office
Suite 2010.
27.
TRUTH IN CONTRACTING LAW
➢ N.J.S.A. 2C:21-34, et seq. governs false claims and representation. It is a serious
crime for the bidder 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 bidder commits a crime if said person, directly or
indirectly, confers or agrees to confer any benefit not allowed by law to a public
servant.
➢ Bidder should consult the statutes or legal counsel for further information.
28.
PROOF OF N.J. BUSINESS REGISTRATION CERTIFICATE N.J.S.A. 52:32-44
Pursuant to N.J.S.A. 52:32-44, the Borough of Middlesex (“Contracting Agency”) is
prohibited
from
entering
into
a
contract
with
an
entity
unless
the
bidder/proposer/contractor, and each subcontractor that is required by law to be named in a
bid/proposal/contract has a valid Business Registration Certificate on file with the Division of
Revenue and Enterprise Services within the Department of the Treasury.
Prior to contract award or authorization, the contractor shall provide the Contracting Agency
with its proof of business registration and that of any named subcontractor(s).
Subcontractors named in a bid or other proposal shall provide proof of business registration
of the bidder, who in turn, shall provide it to the Contracting Agency prior to the time a
contract, purchase order, or other contracting document is awarded or authorized.
During the course of contract performance:
1. The contractor shall not enter into a contract with a subcontractor unless he
subcontractor first provides the contractor with a valid proof of business registration.
2. The contractor shall maintain and submit to the Contracting Agency a list of
subcontractors and their addresses that may be updated from time to time. A
complete and accurate list shall be submitted before final payment is made for goods
and services rendered under the contract.
3. The contractor and any subcontractor providing goods or performing services under
the contract, and each of their affiliates, shall collect and remit to the Director of the
Division of the Division of Taxation in the Department of the Treasury, the use tax due
pursuant to the Sales and Use Tax Act, N.J.A.A. 54:32B-1 et seq.) on all sales of
tangible personal property delivered into the State. Any questions in this regard can be
directed to the Division of Taxation of (609) 292-6400. Form NJ-REG can be filed
online at www.state.nj.us/treasury/revenue/busregcert.shtml.
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Failure to submit the BRC with the bid is NOT a cause for rejection. However, the owner
prefers the BRC be submitted with the bid response. If it is not provided prior to execution
of a contract the bidder’s bid guarantee shall be forfeited and the contract shall be awarded
to the next lowest responsible bidder.
Pursuant to N.J.S.A. 54:49-4.1, a business organization that fails to provide a copy of a
business registration as required, or that provides false business registration information,
shall be liable for a penalty of $25 for each day of violation, not to exceed $50,000, for each
proof of business registration not properly provided under a contract with a Contracting
Agency.
Emergency Purchases or Contracts
For purchase of an emergent nature, the contractor shall provide its Business Registration
within two (2) weeks from the date of purchase or execution of the contract or prior to
payment for goods or services, whichever is earlier.
A BRC is obtained from the New Jersey Division of Revenue and Enterprise Services.
Information
on
obtaining
a
BRC
is
available
on
the
internet
at
www.nj.gov/treasury/revenue/busregcert.shtml or by phone at (609) 292-2929.
29.
PAY TO PLAY – NOTICE OF DISCLOSURE REQUIREMENT
Business entities are advised of their responsibility to file an annual disclosure statement of
political contributions with the New Jersey Election Law Enforcement Commission (ELEC)
pursuant to N.J.S.A. 19:44A-20.27 if they receive contracts in excess of $50,000 from
public entities in a calendar year. Business entities are responsible for determining if filing
is necessary. Additional information on this requirement is available from ELEC at 888-313-
3532 or at www.elec.state.nj.us.
30.
NON-PAYMENT OF PENALTIES AND INTEREST ON OVERDUE BILLS
Public funds may be used to pay only for goods delivered or services rendered. The Borough
will not pay penalties and/or interest on overdue bills. No employee is authorized to sign a
letter of credit or any other document that represents a legal commitment on the part of the
Borough to pay additional fees.
31.
W-9
Successful bidder/respondent shall complete W-9 Form and submit to Purchasing prior to
contract award. The form is available at the following link: www.irs.gov/pub/irs-pdf/fw9.pdf
32.
Health Insurance Portability and Accountability Act of 1996-HIPAA (If Applicable)
Both parties agree to comply with all requirements of the Federal Health Insurance
Portability and Accountability Act of 1996 (“HIPAA”) as maybe amended from time to time,
and the corresponding HIPAA regulations for the confidentiality and security of medical
information.
The Contractor shall:
• Not use or disclose protected health information other than as permitted or required by
law
• Use appropriate safeguards to protect the confidentiality of the information
• Report any use or disclosure not permitted
The contractor, by execution of the contract, shall thereby indemnify and hold the Borough
harmless from any and all liabilities, claims, actions, costs and penalties which may be
incurred as the result of the failure of the contractor to comply with the requirements of the
Health Insurance Portability and Accountability Act (HIPAA) or any other statute or case law
protecting the privacy of persons using its services.
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33.
PUBLIC EMERGENCY
In the event of a Public Emergency declared at the Local, State or Federal Level, if the
owner opts to extend terms and conditions of this bid, the contractor agrees to extend the
terms and conditions of this bid, whether existing, expiring or expired no longer than six
months, for goods and/or services for the duration of the emergency. In the event the
original contractor cannot meet this requirement, the owner may solicit the goods and/or
services from any bidder on this contract.
34.
The owner and the Contractor each bind themselves and their successors, executors,
administrators, heirs and assigns and legal representatives of the other party respecting all
covenants and agreements and obligations of this contract.
35.
The terms of this Agreement shall be construed and interpreted, and all respective rights
and duties of the parties shall be governed by the laws of the State of New Jersey.
36.
RESUBMISSIONS
In the case of Resubmissions for Bids or RFP’s, bidders are cautioned to use and submit only
documents of the current active bid. Prior bid documents, (original or any prior
resubmission), are invalid as those opportunities no longer legally exist. Submission of any
forms or documents from a prior bid or resubmission shall be reason to find your bid for the
current opportunity non-responsive.
37.
LIQUIDATED DAMAGES - For Construction and Road Improvement bids
The completion date of the work is 120 calendar days from the date of the Notice to
Proceed. The contract agrees to pay the owner as liquidated damages and not as a penalty, the
sum of $500.00 for each calendar day that the completion of the work is delayed beyond the
dates of completion stated in the Agreement. The liquidated damages shall be deducted by the
owner as the work progresses for each day that the work for each contractor is delayed and shall
be deducted from the monthly payments.
38.
CERTIFICATION OF PROHIBITED ACTIVITIES IN RUSSIA AND BELAURUS &
INVESTMENT ACTIVITIES IN IRAN PURSUANT TO P.L.2022,c.3
N.J.S.A. 52:32-55 et seq.; P.L. 2022, c. 3 prohibits the award, renewal, amendment, or
extension of State and local public contracts for goods or services with persons or entities
engaging in prohibited activities in Russia or Belarus. P.L. 2012, c.25 prohibits the award or
renewal of State and local public contracts for goods and services with persons or entities
engaged in certain investment activities in the energy or finance sectors of Iran. Before a goods
and services contract can be entered into, vendors and contractors must certify that neither they
nor any parent entity, subsidiary, or affiliate is listed on the New Jersey Department of the
Treasury’s list of entities determined to be engaged in prohibited activities in Russia or Belarus
pursuant to P.L. 2022, c. 3 (“Russia-Belarus list”) or in Iran pursuant to P.L. 2012, c. 25
("Chapter 25 list").
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SCOPE OF WORK
The Middlesex Borough Library is seeking bids for the delivery and installation of four (4) ADA
Complaint sliding door packages for the Middlesex Library Community Room and Main Entrance.
SPECIFICATIONS
4-Panel FSL Sliding Door, Record 5103 Bi-Parting. To include the following:
-
Two-year warranty from date of installation
-
Header with motor
-
Control and power supply
-
Belt/pulley system
-
Framed panels (narrow stiles)
-
Jambs
-
Bottom guide system
-
Threshold (optional)
-
Two sensors (activation and safety function) SMART Display Panel for installation programing,
parameter adjustments, daily traffic functionality
-
Up to one horizontal muntin per panel (3” siteline)
-
Glass Stops
-
Dual Safety Beams
-
Door Sweeps in dark bronze with weather seals
-
Manual Thumbturn locking
-
ANSI decals
-
Dark Bronze Finish
¼ “ Bronze Tempered Glass Sq/ft
¼” Clear Tempered Safety Glass Sq/ft
Polyurethan Construction Sealant Bronze
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BOROUGH OF MIDDLESEX
EXCEPTIONS
For each exception, the bidder must identify the specific section of specifications by providing the number and
title the exception applies to. It is the responsibility of the bidder to document the equivalence claim in
writing. Submitting product brochures is not an acceptable claim of equivalence.
(IF NONE SO STATE)
USE ADDITIONAL SHEET IF NECESSARY
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BOROUGH OF MIDDLESEX
BID DOCUMENT CHECKLIST
Required
With
Bid
Read, Signed
& Submitted
Bidder’s Initial
A.
FAILURE TO SUBMIT ANY OF THESE ITEMS IS MANDATORY CAUSE FOR
REJECTION OF BID
Stockholder Disclosure Certification
Acknowledgement of Receipt of Addenda (To be Completed if Addenda are Issued)
Required Evidence EEO/Affirmative Action Regulations Questionnaire
Non-Collusion Affidavit (must be completed and included with proposal)
Bid Guarantee (bid bond or certified/cashier’s check)
(with Power of Attorney for full amount of Bid Bond)
Consent of Surety (Certificate from Surety company)
Surety Disclosure Statement and Certification
Performance Bond
Labor and Material (Payment) Bond
Maintenance Bond
B.
MANDATORY ITEM(S), REQUIRED NO LATER THAN TIME PERIOD INDICATED
Business Registration Certificate – Bidder – Prefer with Bid Response. Required by Law
prior to award of contract
Business Registration Certificate – Designated Subcontractor(s) – Prefer with Bid Response.
Required by Law prior to award of contract
Public Works Contractor Registration Certificate(s) for the Bidder and Designated
Subcontractors (Prior to Award, but effective at time of bid)
Certification of prohibited activities in Russia and Belarus & investment activities in Iran
pursuant to P.L.2022, c.3– Prefer with bid response – Required prior to award of contract
C.
FAILURE TO SUBMIT ANY OF THESE ITEMS AT TIME OF BID MAY BE CAUSE FOR
REJECTION
Three (3) references for similar projects
Authorization for Background Check
Catalog/Price List
Product Samples
Certification of Available Equipment
Other: CD or USB flash drive with PDF of Bid Response along w/Printed Copies (ref page 1)
CD and/or USB flash drive must be labeled with the bidder’s name
Other:
D.
READ ONLY
Americans With Disability Act of 1990 Language
This checklist is provided for bidder’s use in assuring compliance with required documentation;
however, it does not include all specifications requirements and does not relieve the bidder of the
need to read and comply with the specifications.
Name of Bidder:
Date:
By Authorized Representative:
Signature:
Print Name & Title:
REV 02/2024
20
BOROUGH OF MIDDLESEX
BID PROPOSAL FORM/SIGNATURE PAGE
TO THE BOROUGH OF MIDDLESEX:
The undersigned declares that he/she has read the Notice, Instructions, Affidavits and Scope of
Services attached, that he/she has determined the conditions affecting the bid and agrees, if this
bid is accepted, to furnish and deliver services per the following:
Product/Service
Qty Rate
Amount
Four (4) - 4-Panel FSL Sliding Door
4
1/4” Bronze Tempered Glass
1/4” Clear Tempered Safety Glass
Polyurethane Construction Sealant
Installation
TOTAL
Schedule Timeline:
May 10, 2024 – Date Advertised
May 15, 2024 – Walk Thru at 10:30am
May 15, 2024 - Deadline to submit questions by 3:00pm
May 24, 2024 – Bid Opening
June 11, 2024 – Anticipated Award Date
(Corporation)
The undersigned is a (Partnership) under the laws of the State of __________________________ having its
(Individual)
Principal office at
Company
Federal I.D. # or Social Security #
Address
Signature of Authorized Agent
Type or Print Name
Title of Authorized Agent
Date
Telephone Number
Email Address
Fax Number
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BOROUGH OF MIDDLESEX
OWNERSHIP STATEMENT STOCKHOLDER DISCLOSURE FORM
N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43)
This statement shall be completed, certified to, and included with all bid and proposal
submissions. Failure to submit the required information is cause for automatic rejection
of the bid or proposal.
Name of Organization: ____________________________________________________
Organization Address: ____________________________________________________
Part I Check the box that represents the type of business organization:
Sole Proprietorship (skip Parts II and III, execute certification in Part IV)
Non-Profit Corporation (skip Parts II and III, execute certification in Part IV)
For-Profit Corporation (any type)
Limited Liability Company (LLC)
Partnership
Limited Partnership
Limited Liability Partnership (LLP)
Other (be specific): ______________________________________________
Part II
The list below contains the names and addresses of all stockholders in the corporation who
own 10 percent or more of its stock, of any class, or of all individual partners in the
partnership who own a 10 percent or greater interest therein, or of all members in the
limited liability company who own a 10 percent or greater interest therein, as the case may
be. (COMPLETE THE LIST BELOW IN THIS SECTION)
OR
No one stockholder in the corporation owns 10 percent or more of its stock, of any class, or
no individual partner in the partnership owns a 10 percent or greater interest therein, or no
member in the limited liability company owns a 10 percent or greater interest therein, as
the case may be. (SKIP TO PART IV)
(Please attach additional sheets if more space is needed):
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
(Note: Attach additional pages if necessary)
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22
Part III DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS,
PARTNERS OR LLC MEMBERS LISTED IN PART II
If a bidder has a direct or indirect parent entity which is publicly traded, and any person
holds a 10 percent or greater beneficial interest in the publicly traded parent entity as of
the last annual federal Security and Exchange Commission (SEC) or foreign equivalent
filing, ownership disclosure can be met by providing links to the website(s) containing the last
annual filing(s) with the federal Securities and Exchange Commission (or foreign equivalent) that
contain the name and address of each person holding a 10% or greater beneficial interest in the
publicly traded parent entity, along with the relevant page numbers of the filing(s) that contain the
information on each such person. Attach additional sheets if more space is needed.
Website (URL) containing the last annual SEC (or foreign equivalent) filing
Page #’s
Please list the names and addresses of each stockholder, partner or member owning a 10 percent
or greater interest in any corresponding corporation, partnership and/or limited liability company
(LLC) listed in Part II other than for any publicly traded parent entities referenced above.
The disclosure shall be continued until names and addresses of every noncorporate stockholder,
and individual partner, and member exceeding the 10 percent ownership criteria established
pursuant to N.J.S.A. 52:25-24.2 has been listed. Attach additional sheets if more space is
needed.
Stockholder/Partner/Member and
Corresponding Entity Listed in Part II
Address
Part IV Certification
I, being duly sworn upon my oath, hereby represent that the foregoing information and any
attachments thereto to the best of my knowledge are true and complete. I acknowledge: that I am
authorized to execute this certification on behalf of the bidder/proposer; that the Borough of
Middlesex is relying on the information contained herein and that I am under a continuing obligation
from the date of this certification through the completion of any contracts with the Borough to notify
the Borough in writing of any changes to the information contained herein; that I am aware that it is
a criminal offense to make a false statement or misrepresentation in this certification, and if I do so,
I am subject to criminal prosecution under the law and that it will constitute a material breach of my
agreement(s) with the, permitting the Borough to declare any contract(s) resulting from this
certification void and unenforceable.
________________________________________________________________
______________
(Respondent/Respondent Authorized Signature)
(Date)
___________________________________________
______________________________________
(Print name of authorized signatory)
(Title)
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BOROUGH OF MIDDLESEX
NON-COLLUSION AFFIDAVIT
State of _____________
County of _____________
ss:
I, _____________________________ of the City of _______________________________
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 bidder making this Proposal for the above named project, and that I executed the said proposal
with full authority so to do; that said bidder has not, directly or indirectly entered into any
agreement, participated in any collusion, or otherwise taken any action in restraint of free,
competitive bidding in connection with the above named project; and that all statements contained
in said proposal and in this affidavit are true and correct, and made with full knowledge that the
Borough of Middlesex 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_________________________________.
(Name of Contractor)
(N.J.S.A. 52:34-15)
Subscribed and sworn to
Before me this _______day
Of ___________, _______.
Signature
(Type or print name of affiant under signature)
_______________________________________
Notary public of
My Commission expires ___________________.
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EXHIBIT A
EEO/AFFIRMATIVE ACTION COMPLIANCE NOTICE
N.J.S.A. 10:5-31 and N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders shall submit evidence of appropriate affirmative action compliance to the
Borough and Division of Public Contracts Equal Employment Opportunity Compliance. During a
review, Division representatives will review the Borough files to determine whether the affirmative
action evidence has been submitted by the vendor/contractor. Specifically, each vendor/contractor
shall submit to the Borough, prior to execution of the contract, one of the following documents:
Goods and General Service Vendors
1. Letter of Federal Approval indicating that the vendor is under an existing federally approved or
sanctioned affirmative action program. A copy of the approval letter is to be provided by the
vendor to the Borough and the Division. This approval letter is valid for one year from the date
of issuance.
Do you have a federally approved or sanctioned EEO/AA program?
Yes
No
If yes, please submit a photo static copy of such approval.
2. A Certificate of Employee Information Report (hereafter “Certificate”), issued in accordance with
N.J.A.C. 17:27-1.1 et seq. The vendor must provide a copy of the Certificate to the Borough as
evidence of its compliance with the regulations. The Certificate represents the review and
approval of the vendor’s Employee Information Report, Form AA-302 by the Division. The
period of validity of the Certificate is indicated on its face. Certificates must be renewed prior to
their expiration date in order to remain valid.
Do you have a State Certificate of Employee Information Report Approval?
Yes
No
If yes, please submit a photo static copy of such approval.
3. The successful vendor shall complete an Initial Employee Report, Form AA-302 and submit it to
the Division with $150.00 Fee and forward a copy of the Form to the Borough. Upon submission
and review by the Division, this report shall constitute evidence of compliance with the
regulations. Prior to execution of the contract, the EEO/AA evidence must be submitted.
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on
the Division website www.state.nj.us/treasury/contract_compliance.
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal
Employment Opportunity Compliance, with a copy to Public Agency.
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 and N.J.A.C. 17:27 and agrees to furnish the required forms of
evidence.
The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27.
COMPANY: ______________________________ SIGNATURE: ____________________________
PRINT NAME: ___________________________ TITLE: __________________________________
DATE: __________________
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EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127) and N.J.A.C. 17:27 et seq.
GOODS, GENGERAL SERVICES, AND PROFESSIONAL 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 Borough employment goals
established in accordance with N.J.A.C. l7:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited
to, employment agencies, placement bureaus, colleges, universities, 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 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 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 www.state.nj.us/treasury/contract_compliance).
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. 17:27-1.1 et seq.
Initials _____
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SAMPLE CERTIFICATE OF EMPLOYEE INFORMATION REPORT
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EXHIBIT B
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
N.J.S.A. 10:5-31 et seq. (P.L.1975, c.127)
N.J.A.C. 17:27-1.1 et seq.
CONSTRUCTION CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for
employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual
orientation, gender identity or expression, disability, nationality, or sex. Except with respect to affectional or
sexual orientation and gender identity or expression, the contractor will 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 bar-gaining
agreement, a notice, to be provided by the agency contracting officer, advising the labor union or workers'
representative of the contractor's commitments under this act and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the
Treasurer, pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the
Americans with Disabilities Act.
When hiring or scheduling workers in each construction trade, the contractor or subcontractor agrees to make
good faith efforts to employ minority and women workers in each construction trade consistent with the
targeted employment goal prescribed by N.J.A.C. l7:27-7.2; provided, however, that the Dept. of LWD,
Construction EEO Monitoring Program, may, in its discretion, exempt a contractor or subcontractor from
compliance with the good faith procedures pre-scribed by the following provisions, A, B, and C, as long as the
Dept. of LWD, Construction EEO Monitoring Program is satisfied that the contractor or subcontractor is
employing workers provided by a union which provides evidence, in accordance with standards prescribed by
the Dept. of LWD, Construction EEO Monitoring Program, that its percentage of active “card carrying”
members who are minority and women workers is equal to or greater than the targeted employment goal
established in accordance with N.J.A.C. 17:27-7.2. The contractor or subcontractor agrees that a good faith
effort shall include compliance with the following procedures:
(A)
If the contractor or subcontractor has a referral agreement or arrangement with a union for a
construction trade, the contractor or subcontractor shall, within three business days of the contract award,
seek assurances from the union that it will cooperate with the contractor or sub-contractor as it fulfills its
affirmative action obligations under this contract and in accordance with the rules promulgated by the
Treasurer pursuant to N.J.S.A. 10:5-31 et. seq., as supplemented and amended from time to time and the
Americans with Disabilities Act. If the contractor or subcontractor is unable to obtain said assurances from the
construction trade union at least five business days prior to the commencement of construction work, the
contractor or sub-contractor agrees to afford equal employment opportunities minority and women workers
directly, consistent with this chapter. If the contractor's or subcontractor's prior experience with a construction
trade union, regardless of whether the union has provided said assurances, indicates a significant possibility
that the trade union will not refer sufficient minority and women workers consistent with affording equal
employment opportunities as specified in this chapter, the contractor or subcontractor agrees to be prepared
to provide such opportunities to minority and women workers directly, consistent with this chapter, by
complying with the hiring or scheduling procedures prescribed under (B) below; and the contractor or
subcontractor further agrees to take said action immediately if it determines that the union is not referring
minority and women workers consistent with the equal employment opportunity goals set forth in this chapter.
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Exhibit B (cont.)
(B)
If good faith efforts to meet targeted employment goals have not or cannot be met for each
construction trade by adhering to the procedures of (A) above, or if the contractor does not have a referral
agreement or arrangement with a union for a construction trade, the contractor or subcontractor agrees to
take the following actions:
(l) To notify the public agency compliance officer, the Dept. of LWD, Construction EEO Monitoring Program,
and minority and women referral organizations listed by the Division pursuant to N.J.A.C. 17:27-5.3, of its
workforce needs, and request referral of minority and women workers;
(2) To notify any minority and women workers who have been listed with it as awaiting available vacancies;
(3) Prior to commencement of work, to request that the local construction trade union refer minority and
women workers to fill job openings, provided the contractor or subcontractor has a referral agreement or
arrangement with a union for the construction trade;
(4) To leave standing requests for additional referral to minority and women workers with the local
construction trade union, provided the contractor or subcontractor has a referral agreement or arrangement
with a union for the construction trade, the State Training and Employment Service and other approved
referral sources in the area;
(5) If it is necessary to lay off some of the workers in a given trade on the construction site, layoffs shall be
conducted in compliance with the equal employment opportunity and non-discrimination standards set forth in
this regulation, as well as with applicable Federal and State court decisions;
(6) To adhere to the following procedure when minority and women workers apply or are referred to the
contractor or subcontractor:
(i)
The contactor or subcontractor shall interview the referred minority or women worker.
(ii) If said individuals have never previously received any document or certification signifying a level of
qualification lower than that required in order to perform the work of the construction trade, the
contractor or subcontractor shall in good faith determine the qualifications of such individuals. The
contractor or subcontractor shall hire or schedule those individuals who satisfy appropriate
qualification standards in conformity with the equal employment opportunity and non-discrimination
principles set forth in this chapter. However, a contractor or subcontractor shall determine that the
individual at least possesses the requisite skills, and experience recognized by a union, apprentice
program or a referral agency, provided the referral agency is acceptable to the Dept. of LWD,
Construction EEO Monitoring Program. If necessary, the contractor or subcontractor shall hire or
schedule minority and women workers who qualify as trainees pursuant to these rules. All of the
requirements, however, are limited by the provisions of (C) below.
(iii) The name of any interested women or minority individual shall be maintained on a waiting list and
shall be considered for employment as described in (i) above, whenever vacancies occur. At the
request of the Dept. of LWD, Construction EEO Monitoring Program, the contractor or subcontractor
shall provide evidence of its good faith efforts to employ women and minorities from the list to fill
vacancies.
(iv) If, for any reason, said contractor or subcontractor determines that a minority individual or a woman
is not qualified or if the individual qualifies as an advanced trainee or apprentice, the contractor or
subcontractor shall inform the individual in writing of the reasons for the determination, maintain a
copy of the determination in its files, and send a copy to the public agency compliance officer and to
the Dept. of LWD, Construction EEO Monitoring Program.
(7) To keep a complete and accurate record of all requests made for the referral of workers in any trade
covered by the contract, on forms made available by the Dept. of LWD, Construction EEO Monitoring Program
and submitted promptly to the Dept. of LWD, Construction EEO Monitoring Program upon request.
(C)
The contractor or subcontractor agrees that nothing contained in (B) above shall preclude the
contractor or subcontractor from complying with the union hiring hall or apprentice-ship policies in any
applicable collective bargaining agreement or union hiring hall arrangement, and, where required by custom
or agreement, it shall send journeymen and trainees to the union for referral, or to the apprenticeship
program for admission, pursuant to such agreement or arrangement. However, where the practices of a union
or apprenticeship program will result in the exclusion of minorities and women or the failure to refer minorities
and women consistent with the targeted county employment goal, the contractor or subcontractor shall
consider for employment persons referred pursuant to (B) above without regard to such agreement or
arrangement; provided further, however, that the contractor or subcontractor shall not be required to employ
REV 02/2024
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Exhibit B (cont.)
women and minority advanced trainees and trainees in numbers which result in the employment of advanced
trainees and trainees as a percentage of the total workforce for the construction trade, which percentage
significantly exceeds the apprentice to journey worker ratio specified in the applicable collective bargaining
agreement, or in the absence of a collective bargaining agreement, exceeds the ratio established by practice
in the area for said construction trade. Also, the contractor or subcontractor agrees that, in implementing the
procedures of (B) above, it shall, where applicable, employ minority and women workers residing within the
geographical jurisdiction of the union.
After notification of award, but prior to signing a construction contract, the contractor shall submit to the
public agency compliance officer and the Dept. of LWD, Construction EEO Monitoring Program an initial project
workforce report (Form AA-201) electronically provided to the public agency by the Dept. of LWD,
Construction EEO Monitoring Program, through its website, for distribution to and completion by the
contractor, in accordance with N.J.A.C. 17:27-7. The contractor also agrees to submit a copy of the Monthly
Project Workforce Report once a month thereafter for the duration of this contract to the Dept. of LWD,
Construction EEO Monitoring Program, and to the public agency compliance officer.
The contractor agrees to cooperate with the public agency in the payment of budgeted funds, as is necessary,
for on-the-job and/or off-the job programs for outreach and training of minorities and women.
(D)
The contractor and its subcontractors shall furnish such reports or other documents to the Dept. of
LWD, Construction EEO Monitoring Program as may be requested by the Dept. of LWD, Construction EEO
Monitoring Program from time to time in order to carry out the purposes of these regulations, and public
agencies shall furnish such information as may be re-quested by the Dept. of LWD, Construction EEO
Monitoring Program for conducting a compliance investigation pursuant to N.J.A.C. 17:27-1.1 et seq.
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. (P.L.1975, c.127) N.J.A.C. 17:27-1.1 et seq. and agrees to furnish the required forms
of evidence.
The undersigned vendor further understands that his/her bid 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. 17:27-1.1 et seq.
COMPANY: ______________________________ SIGNATURE: ____________________________
PRINT NAME: ___________________________ TITLE: __________________________________
DATE: __________________
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BOROUGH OF MIDDLESEX
AMERICANS WITH DISABILITIES ACT OF 1990
Equal Opportunity for Individuals with Disability
The Contractor and the Owner, do hereby agree that the provisions of Title 11 of the Americans
With Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 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 owner
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 owner in any action or administrative proceeding commenced pursuant
to this Act. The contractor shall indemnify, protect, and save harmless the 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 owner’s
grievance procedure, the contractor agrees to abide by any decision of the owner which is rendered
pursuant to said grievance procedure. If any action or administrative proceeding results in an
award of damages against the owner, or if the 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 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 owner or any of its agents, servants, and
employees, the owner shall expeditiously forward or have forwarded to the contractor every
demand, complaint, notice, summons, pleading, or other process received by the owner or its
representatives.
It is expressly agreed and understood that any approval by the 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 owner pursuant to this
paragraph.
It is further agreed and understood that the 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 owner from taking any other actions available to it
under any other provisions of the Agreement or otherwise at law.
COMPANY: ______________________________ SIGNATURE: ____________________________
PRINT NAME: ___________________________ TITLE: __________________________________
DATE: __________________
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BOROUGH OF MIDDLESEX
THESE ARE SAMPLES OF THE ONLY ACCEPTABLE
BUSINESS REGISTRATION CERTIFICATES
PREFER SUBMITTED WITH BID RESPONSE
REQUIRED BY LAW PRIOR TO AWARD OF CONTRACT
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32
CERTIFICATION OF NON‐INVOLVEMENT IN
PROHIBITED ACTIVITIES IN RUSSIA OR BELARUS
Pursuant to N.J.S.A. 52:32-60.1, et seq. (L. 2022, c. 3) any person or entity (hereinafter “Vendori”) that seeks to enter
into or renew a contract with a State agency for the provision of goods or services, or the purchase of bonds or other
obligations, must complete the certification below indicating whether or not the Vendor is identified on the Office of
Foreign Assets Control (OFAC) Specially Designed Nationals and Blocked Persons list, available here:
https://sanctionssearch.ofac.treas.gov/. If the Department of the Treasury finds that a Vendor has made a certification in
violation of the law, it shall take any action as may be appropriate and provided by law, rule or contract, including but not
limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking
debarment or suspension of the party.
I, the undersigned, certify that I have read the definition of “Vendor” below, and have reviewed the Office of Foreign
Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, and having done so certify:
(Check the Appropriate Box)
A. That the Vendor is not identified on the OFAC Specially Designated Nationals and Blocked Persons list on
account of activity related to Russia and/or Belarus.
OR
B. That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially Designated
Nationals and Blocked Persons list on account of activity related to Russia and/or Belarus.
OR
C. That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially Designated
Nationals and Blocked Persons list. However, the Vendor is engaged in activity related to Russia and/or Belarus
consistent with federal law, regulation, license or exemption. A detailed description of how the Vendor’s activity
related to Russia and/or Belarus is consistent with federal law is set forth below.
Signature of Vendor’s Authorized Representative
Date
Print Name and Title of Vendor’s Authorized Representative
Vendor Name
Vendor Phone Number
Vendor Address (Street Address)
Vendor Fax Number
Vendor Address (City/State/Zip Code)
Vendor Email Address for Authorized Representative
______________________________________________
i Vendor means: (1) A natural person, corporation, company, limited partnership, limited liability partnership, limited liability company, business
association, sole proprietorship, joint venture, partnership, society, trust, or any other nongovernmental entity, organization, or group; (2) Any
governmental entity or instrumentality of a government, including a multilateral development institution, as defined in Section 1701(c)(3) of the
International Financial Institutions Act, 22 U.S.C. 262r(c)(3); or (3) Any parent, successor, subunit, direct or indirect subsidiary, or any entity under
common ownership or control with, any entity described in paragraph (1) or (2).
NJ Rev. 1.22.2024
(Attach Additional Sheets If Necessary.)
REV 02/2024
33
Disclosure of Investment Activities in Iran
Person or Entity
Part 1: Certification
COMPLETE PART 1 BY CHECKING EITHER BOX.
Pursuant to Public Law 2012, c. 25, any person or entity that is a successful bidder or proposer, or
otherwise proposes to enter into or renew a contract, must complete the certification below to attest, under
penalty of perjury, that neither the person or entity, nor any parent entity, subsidiary, or affiliate is
identified on the State Department of Treasury's Chapter 25 list as a person or entity engaging in
investment
activities
in
Iran.
The
list
is
found
on
Treasury’s
website
at
www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf.
The Chapter 25 list must be reviewed prior to completing the below certification. If a vendor or contractor
is found to be in violation of law, action may be taken as appropriate and as may provided by law, rule or
contract, including but not limited to imposing sanctions, seeking compliance, recovering damages,
declaring the party in default and seeking debarment or suspension of the party.
I certify, pursuant to Public Law 2012, c. 25, that neither the person or entity
listed above, nor any parent entity, subsidiary, or affiliate thereof is listed on the
N.J. Department of the Treasury’s list of entities determined to be engaged in
prohibited activities in Iran pursuant to P.L. 2012, c. 25 ("Chapter 25 List"). I
further certify that I am the person listed above, or I am an officer or
representative of the entity listed above and am authorized to make this
certification on its behalf. I will skip Part 2 and sign and complete the
Certification below.
OR
I am unable to certify as above because the person or entity and/or a parent entity,
subsidiary, or affiliate thereof is listed on the N.J. Department of the Treasury’s
Chapter 25 list. I will provide a detailed, accurate and precise description of the
activities in Part 2 below sign and complete the Certification below.
REV 02/2024
34
Part 2: Additional Information
PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN
IRAN.
You must provide a detailed, accurate and precise description of the activities of the person or entity, or a
parent entity, subsidiary, or affiliate thereof engaging in investment activates in Iran below and, if more
space is needed, on additional sheets provided by you.
Part 3: Certification of True and Complete Information
I, being duly sworn upon my oath, hereby represent and state that the foregoing information and
any attachments there to the best of my knowledge are true and complete. I attest that I am authorized
to execute this certification on behalf of the above-referenced person or entity.
I acknowledge that the Name of Contracting Unit is relying on the information contained herein
and thereby acknowledge that I am under a continuing obligation from the date of this certification
through the completion of any contracts with the Reference to Contracting Unit to notify the Reference
to Contracting Unit in writing of any changes to the answers of information contained herein.
I acknowledge that I am aware that it is a criminal offense to make a false statement or
misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal
prosecution under the law and that it will also constitute a material breach of my agreement(s) with the
Name of Contracting Unit and that the Reference to Contracting Unit at its option may declare any
contract(s) resulting from this certification void and unenforceable.
Full Name
(Print)
Title
Signature
Date
REV 02/2024
35
BOROUGH OF MIDDLESEX
ACKNOWLEDGMENT OF RECEIPT OF ADDENDA
The undersigned Bidder hereby acknowledges receipt of the following Addenda:
ADDENDUM
NUMBER
DATE
ACKNOWLEDGE RECEIPT
(Initial)
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
No Addenda were received:
Acknowledged for:
(Name of Bidder)
By:
(Signature of Authorized Representative)
Name:
(Print or Type)
Title:
Date:
REV 02/2024
36
CERTIFICATION OF NON-DEBARMENT
FOR FEDERAL GOVERNMENT CONTRACTS
N.J.S.A. 52:32-44.1 (P.L. 2019, c.406)
This certification shall be completed, certified to, and submitted to the contracting unit prior to contract award, except for
emergency contracts where submission is required prior to payment.
PART I: VENDOR INFORMATION
Individual or Organization
Name
Physical Address of
Individual or Organization
Unique Entity ID
(if applicable)
CAGE/NCAGE Code
(if applicable)
Check the box that represents the type of business organization:
Sole Proprietorship (skip Parts III and IV) Non-Profit Corporation (skip Parts III and IV)
For-Profit Corporation (any type) Limited Liability Company (LLC) Partnership
Limited Partnership
Limited Liability Partnership (LLP)
Other (be specific): ______________________________________________
PART II – CERTIFICATION OF NON-DEBARMENT: Individual or Organization
I hereby certify that the individual or organization listed above in Part I is not debarred by the federal government from
contracting with a federal agency. I further acknowledge: that I am authorized to execute this certification on behalf of the
above-named organization; that the Borough of Middlesex is relying on the information contained herein and that I am under a
continuing obligation from the date of this certification through the date of contract award by the Borough to notify the
Borough in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a
false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and
that it will constitute a material breach of my agreement(s) with the Borough, permitting the Borough to declare any contract(s)
resulting from this certification void and unenforceable.
Full Name (Print):
Title:
Signature:
Date:
PART III – CERTIFICATION OF NON-DEBARMENT: Individual or Entity Owning Greater than 50 Percent of Organization
Section A (Check the Box that applies)
Below is the name and address of the stockholder in the corporation who owns more than 50 percent of its
voting stock, or of the partner in the partnership who owns more than 50 percent interest therein, or of the
member of the limited liability company owning more than 50 percent interest therein, as the case may be.
Name of
Individual or
Organization
Physical
Address
OR
No one stockholder in the corporation owns more than 50 percent of its voting stock, or no partner in the
partnership owns more than 50 percent interest therein, or no member in the limited liability company owns
more than 50 percent interest therein, as the case may be.
REV 02/2024
37
Section B (Skip if no Business entity is listed in Section A above)
Below is the name and address of the stockholder in the corporation who owns more than 50 percent of the
voting stock of the organization’s parent entity, or of the partner in the partnership who owns more than 50
percent interest in the organization’s parent entity, or of the member of the limited liability company owning
more than 50 percent interest in organization’s parent entity, as the case may be.
Stockholder/
Partner/Me
mber Owning
Greater Than
50 Percent of
Parent Entity
Physical
Address
OR
No one stockholder in the parent entity corporation owns more than 50 percent of its voting stock, no partner
in the parent entity partnership owns more than 50 percent interest therein, or no member in the parent
entity limited liability company owns more than 50 percent interest therein, as the case may be.
Section C – Part III Certification
I hereby certify that no individual or organization that is debarred by the federal government from contracting with a federal
agency owns greater than 50 percent of the Organization listed above in Part I or, if applicable, owns greater than 50 percent of a
parent entity of _______________________. I further acknowledge: that I am authorized to execute this certification on behalf of
the above-named organization; that the Borough of Middlesex is relying on the information contained herein and that I am under a
continuing obligation from the date of this certification through the date of contract award the Borough to notify the Borough in
writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement
or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it will
constitute a material breach of my agreement(s) with the Borough, permitting the Borough to declare any contract(s) resulting
from this certification void and unenforceable.
Full Name (Print):
Title:
Signature:
Date:
Part IV – CERTIFICATION OF NON-DEBARMENT: Contractor – Controlled Entities
Section A
Below is the name and address of the corporation(s) in which the Organization listed in Part I owns more than
50 percent of voting stock, or of the partnership(s) in which the Organization listed in Part I owns more than
50 percent interest therein, or of the limited liability company or companies in which the Organization listed
above in Part I owns more than 50 percent interest therein, as the case may be.
Name of Business Entity
Physical Address
**Add additional sheets if necessary**
OR
The Organization listed above in Part I does not own greater than 50 percent of the voting stock in any
corporation and does not own greater than 50 percent interest in any partnership or any limited liability
company.
REV 02/2024
38
Section B (skip if no business entities are listed in Section A of Part IV)
Below are the names and addresses of any entities in which an entity listed in Part III A owns greater than 50
percent of the voting stock (corporation) or owns greater than 50 percent interest (partnership or limited
liability company).
Name of Business Entity Controlled by Entity Listed
in Section A of Part IV
Physical Address
**Add additional Sheets if necessary**
OR
No entity listed in Part III A owns greater than 50 percent of the voting stock in any corporation or owns
greater than 50 percent interest in any partnership or limited liability company.
Section C – Part IV Certification
I hereby certify that the Organization listed above in Part I does not own greater than 50 percent of any entity that that is
debarred by the federal government from contracting with a federal agency and, if applicable, does not own greater than 50
percent of any entity that in turns owns greater than 50 percent of any entity debarred by the federal government from
contracting with a federal agency. I further acknowledge: that I am authorized to execute this certification on behalf of the
above-named organization; that the Borough of Middlesex is relying on the information contained herein and that I am under a
continuing obligation from the date of this certification through the date of contract award by the Borough to notify the Borough
in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false
statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it
will constitute a material breach of my agreement(s) with the Borough permitting the Borough to declare any contract(s) resulting
from this certification void and unenforceable.
Full Name
(Print):
Title:
Signature:
Date:
--- Document: RFP – 2024-001 • PUBLIC NOTICE UNDER A FAIR AND OPEN PROCESS FOR THE SOLICITATION OF QUALIFICATIONS AND RATES FOR TREE INVENTORY CONSULTANT ---
RFP – Tree Inventory Consultant – Borough of Middlesex
1
Borough of Middlesex
1200 Mountain Avenue
Middlesex, New Jersey 08846
RFP – 2024-001
PUBLIC NOTICE UNDER A FAIR AND OPEN PROCESS FOR THE SOLICITATION OF
QUALIFICATIONS AND RATES FOR TREE INVENTORY CONSULTANT
NOTICE IS HEREBY GIVEN that sealed submissions will be received by the Purchasing
Agent or designated representative, for Middlesex Borough, on Friday, May 17, 2024 at 11:00 am
prevailing time, in the Municipal Building, 1200 Mountain Avenue, Middlesex, New Jersey 08846, then
publicly opened for the following positions:
• Tree Inventory Consultant
All professional service contractors are required to comply with 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). The submission
package is available from the Borough’s website www.middlesexboro-nj.gov or may be obtained at the
Clerk’s Office, Municipal Building,1200 Mountain Avenue, Middlesex, New Jersey 08846 during
regular business hours (9:00 a.m. – 4:00 p.m. Monday-Friday).
The Borough reserves the right to reject any or all submissions due to any defects or waive informalities
and accept any submissions that in their judgment will be in the best interest of the Borough.
Date Advertised: May 3, 2024
Carmen Modica
Purchasing Agent
RFP – Tree Inventory Consultant – Borough of Middlesex
2
BOROUGH OF MIDDLESEX
GENERAL INSTRUCTIONS
1. Introduction
The Borough of Middlesex, Middlesex County, State of New Jersey (hereinafter called the “OWNER”)
invites submissions for the service(s) mentioned in the Public Notice for Tree Inventory Consultant
This contract is to furnish and deliver various professional services for the Borough of Middlesex
through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et. seq.
2. Administrative Conditions and Requirements
The following items express the conditions and requirements of this RFP. Together with the other RFP
sections, they apply to the RFP process, the subsequent contract, and project production. Any proposed
change, modification, or exception to these conditions and requirements may be the basis for the owner
to determine the proposal as non-responsive to the RFP and will be a factor in the determination of an
award of a contract. The contents of the proposal of the successful respondent, as accepted by the owner,
will become part of any contract awarded as a result of this RFP.
2.1 Proposal Submission Information
Submission Date and Time: Friday, May 17, 2024 at 11:00am
One (1) Original signed in ink & one (1) copy of the RFP response.
Submission Office:
Purchasing Agent, Clerk’s Office
1200 Mountain Avenue
Middlesex, NJ 08846
Each submission must be provided on a Standardized Submission Form as supplied in the submission
package and signed by the professional services entity or principal thereof. All prices and amounts must
be written in ink or preferably typewritten. Each signatory to the submission must initial all erasures or
corrections.
Each submission shall be contained in a sealed envelope addressed to: Purchasing Agent, Borough of
Middlesex, 1200 Mountain Ave., Middlesex, NJ 08846. The submission is to be clearly marked “Sealed
Submission Enclosed” – Tree Inventory Consultant and must be delivered at the place and time required
or mailed so as to be received prior to the opening time set in the advertisement. Submissions received
after the hour herein named or in unsealed envelopes shall not be considered. The original proposal shall
be signed in ink and marked to distinguish it from the one (1) copy. Faxed or emailed proposals will
NOT be accepted.
The 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.
Responses delivered before the submission date and time specified above may be withdrawn upon
written application of the respondent who shall be required to produce evidence showing that the
individual is or represents the principal or principals involved in the proposal. After the submission date
and time specified above, responses must remain firm for a period of sixty (60) days.
The submission shall be accompanied by: (1) Non-Collusion Affidavit, (2) Disclosure of Ownership
Form, (3) Insurance Requirement Acknowledgement Form, (4) Mandatory Equal Employment
Opportunity Notice Acknowledgement, (5) Copy of the applicable Business Registration Certificate, (6)
RFP – Tree Inventory Consultant – Borough of Middlesex
3
Professional Services Entity Information Form, (7) Qualifications Submission, (8) Certification of
Prohibited Activities in Russia and Belarus & Investment Activities in Iran pursuant to p.l.2022, c.3 (9)
Acknowledgement of Corrections, Additions or Deletions Form.
2.2 Oral presentation: Prior to award of contract, vendor’s who submit a proposal in response to this
RFP may be required to give an oral presentation of their proposal if the College so desires. This may
provide an opportunity for the vendor to clarify or elaborate on the proposal. The College will schedule
the time and location of these presentations.
2.3 Borough Representative for this Solicitation
Questions by prospective respondents concerning this RFP may be addressed to the Purchasing Agent in
writing via email cmodica@middlesexboro-nj.gov. Please note the aforementioned contact is authorized
only to direct the attention of prospective respondents to various portions of the requirements so that
they may read and interpret each portion for themselves. NO employee of the Borough of Middlesex is
authorized to give interpretations of any portion of this RFP or to give information as to the
requirements for the RFP in addition to that already contained in the RFP unless as a formal addenda.
Interpretations of the RFP or additional information as to its requirements, when necessary, shall be
communicated to prospective respondents only by written addendum issued by the Purchasing Agent of
the Borough of Middlesex.
Please identify the contract name and note Request for Information as the subject line when submitting
a request by fax or email.
2.4 Interpretations and Addenda
Respondents are expected to examine the RFP with care and observe all its requirements. All questions
about the meaning or intent of this RFP, all interpretations and clarifications considered necessary by the
owner’s representative in response to such comments and questions will be issued by Addenda mailed or
delivered to all parties recorded as having received the RFP package. Only comments and questions
responded to by formal written Addenda will be binding. Oral interpretations, statements or
clarifications are without legal effect.
2.5 Quantities of Estimate
Wherever the estimated quantities of work to be done are shown in any section of this RFP, including
the Proposal Cost Form, they are given for use in comparing proposals. The owner especially reserves
the right (except as herein otherwise specifically limited) to increase or diminish the quantities as may
be deemed reasonably necessary or desirable by the owner to complete the work detailed in the contract.
Such increase or diminution shall in no way violate this contract, nor shall any such increase or
diminution give cause for claims or liability for damages.
2.6 Cost Liability and Additional Costs
The owner assumes no responsibility and liability for costs incurred by the respondents prior to the
issuance of an agreement. The liability of the owner shall be limited to the terms and conditions of the
contract.
Respondents will assume responsibility for all costs not stated in their proposals. All unit rates either
stated in the proposal or used as a basis for its pricing are required to be all-inclusive. Additional
charges, unless incurred for additional work performed by request of the owner as noted in 2.4, are not
to be billed and will not be paid.
2.7 Statutory and Other Requirements
RFP – Tree Inventory Consultant – Borough of Middlesex
4
2.7.1 Compliance with Laws
Any contract entered into between the contractor and the owner must be in accordance with and subject
to compliance by both parties with the New Jersey Local Public Contracts Law. The contractor must
agree to comply with the non-discrimination provisions and all other laws and regulations applicable to
the performance of services there under. The respondent shall sign and acknowledge such forms and
certificates as may be required by this section.
2.7.2 Mandatory EEO/Affirmative Action Compliance - N.J.S.A 10:5-31 et seq. and N.J.A.C 17:27
et seq.
No firm shall be issued a contract unless it complies with the EEO/Affirmative Action requirements of
P. L. 1975, C. 127 as identified in the documents attached hereto. The form shall be properly executed.
2.7.3 Americans with Disabilities Act of 1990 - 42 U.S.C. S121 01 et seq.
Discrimination on the basis of disability in contracting for the delivery of services is prohibited.
Respondents are required to read American with Disabilities language that is part of the documents
attached hereto and agree that the provisions of Title II of the Act are made part of the contract. The
contractor is obligated to comply with the Act and hold the owner harmless.
2.7.4 Statement of Corporate Ownership-Stockholder Disclosure - N.J.S.A. 52:25-24.2 (P.L. 1977
c.33)
In accordance with N.J.S.A. 52:25-24.2, no corporation, partnership, limited partnership, limited liability
corporation, limited liability partnership, Subchapter S corporation or sole proprietorship, shall be
awarded a contract, unless prior to the receipt of the RFP response/bid or accompanying the RFP
response/bid of the corporation, partnership, limited partnership, limited liability corporation, limited
liability partnership, Subchapter S corporation or sole proprietorship, there is submitted to the Borough a
statement setting forth the names and addresses of all stockholders who own 10% or more of the stock,
of any class or of all individual partners who own a 10% or greater interest in the corporation,
partnership, limited partnership, limited liability corporation, limited liability partnership, Subchapter S
corporation or sole proprietorship. If one or more such stockholder or partner is itself a corporation or
partnership, the stockholders holding 10% or more of that corporation’s stock, or the individual partners
owning 10% or greater interest in that partnership, as the case may be, shall also be listed. The
disclosure shall be continued until names and addresses of every non-corporate stockholder and
individual partner exceeding the 10% ownership criteria established in this act have been listed. The
form shall be signed and submitted with the RFP proposal/bid whether or not a stockholder or partner
owns less than 10% of the business submitting the RFP proposal/bid. Failure to comply requires
mandatory rejection of the RFP proposal/bid. The Respondent shall complete and submit the form of
statement that is included in this RFP.
2.7.5 Non-Collusion Affidavit - N.J.S.A. 52:34-15
The Non-Collusion Affidavit, which is part of this RFP, shall be properly executed and submitted with
the RFP response.
2.7.6 Proof of N.J. Business Registration Certificate N.J.S.A. 52:32-44
Each bidder (contractor) is required to submit proof of business registration prior to award of the
contract. Proof of registration shall be a copy of the bidder’s Business Registration Certificate (BRC).
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:
RFP – Tree Inventory Consultant – Borough of Middlesex
5
1. The contractor shall obtain and provide the owner the BRC of subcontractors knowingly
used on this contract.
2. The contractor shall maintain and submit to the contracting agency a list of
subcontractors and their addresses that may be updated from time to time during the
course of the contract performance. A complete and accurate list shall be submitted
before final payment is made for goods and services rendered under the contract.
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 taxable sales of tangible personal
property delivered into the State.
Failure to submit the BRC with the proposal is NOT a cause for rejection. However, the Borough
prefers the BRC be submitted with the proposal. If it is not provided prior to execution of a contract the
bidder’s bid guarantee shall be forfeited and the contract shall be awarded to the next lowest responsible
bidder.
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 $25.00 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.
A BRC is obtained from the New Jersey Division of Revenue and Enterprise Services. Information on
obtaining a BRC is available on the internet at www.nj.gov/treasury/revenue/busregcert.shtml or by
phone at (609) 292-2929.
Emergency Purchases or Contracts
For purchases of an emergent nature, the contractor shall provide its Business Registration Certificate
within two weeks from the date of purchase or execution of the contract or prior to payment for goods or
services, whichever is earlier.
2.7.7 Pay to Play – Notice of Disclosure Requirement
Business entities are advised of their responsibility to file an annual disclosure statement of political
contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A.
19:44A-20.27 if they receive contracts in excess of $50,000 from public entities in a calendar year.
Business entities are responsible for determining if filing is necessary. Additional information on this
requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.
2.7.8 Assign, Sublet or Transfer Any Rights/Interests
Neither the owner nor the Contractor shall assign, sublet, or transfer any rights or interest in this
Agreement without the prior written consent of the other party. Unless specifically stated to the contrary,
in writing, prior to an assignment, no assignment will release or discharge the assignor from any duty or
responsibility under this Agreement. Nothing herein shall be construed to give any rights or benefits to
anyone other than the owner and the Contractor.
2.7.9 Insurance and Indemnification
If it becomes necessary for the contractor, either as principal or by agent or employee, to enter upon the
premises or property of the owner in order to construct, erect, inspect, make delivery or remove property
hereunder, the contractor hereby covenants and agrees to take use, provide and make all proper,
necessary and sufficient precautions, safeguards, and protection against the occurrence of happenings of
RFP – Tree Inventory Consultant – Borough of Middlesex
6
any accident, injuries, damages, or hurt to person or property during the course of the work herein
covered and be his/her sole responsibility.
The contractor shall maintain sufficient insurance to protect against all claims under Workers
Compensation, General Liability and Automobile and shall be subject to approval for adequacy of
protection and certificates of such insurance shall be provided.
Indemnification
The contractor agrees to indemnify and save harmless the owner, its officers, agents and employees,
hereinafter referred to as indemnitees, from all suits, including attorney’s fees and costs of litigation,
actions, loss damage, expense, cost of claims, of any character or on account of any act, claim or amount
arising or recovered under Worker’s Compensation law, or arising out of failure of the Contractor or
those acting under Contractor to conform to any statutes, ordinances, regulations, law or court decree. It
is the intent of the parties to this contract that the indemnities shall, in all instances, except for loss or
damage resulting from the sole negligence of the indemnitee, be indemnified against all liability, loss or
damage of any nature whatsoever.
Insurance Requirements:
Worker’s Compensation and Employer’s Liability Insurance
This insurance shall be maintained in full force during the life of this contract by the contractor covering
all employees engaged in performance of this contract pursuant to N.J.S.A. 34:15-12(a) and N.J.A.C.
12:235-1.6. Minimum Employer’s Liability $1,000,000.00.
General Liability Insurance
This insurance shall have limits of not less than $3,000,000.00 any one person and $3,000,000.00 any
one accident for bodily injury and $3,000,000.00 aggregate for property damage and shall be maintained
in force during the life of the contract.
Automobile Liability Insurance
This insurance covering contractor for claims arising from owned, hired and non-owned vehicles with
limits of not less than $3,000,000.00 any one person and $3,000,000.00 any one accident for bodily
injury and $3,000,000.00 each accident for property damage, shall be maintained in force during the life
of this contract by the contractor.
Professional Liability/Malpractice Insurance Policy (if applicable)
Coverage in the amount of $2,000,000.00/occurrence, $4,000,000.00 aggregate and assurance that each
such policy for each staff member remains full and in effect while providing services for owner.
The contractor shall provide the owner with a Certificate of Insurance naming the Borough of Middlesex
as additionally insured, evidencing the existence of required insurance prior to the commission of work.
Said insurance must include coverage for complete operations, contractual insurance and independent
contractor or subcontractor insurance, where and if applicable.
Errors and Omissions Insurance
A.
The contractor shall purchase and maintain during the entire period of this contract, errors
and omissions insurance that shall protect the contractor and the Borough from any and all
claims that may arise out of or result from the contractor’s performance of this contract.
Specifically, the errors and omissions insurance shall have limits of not less than
$2,000,000.00 dollars per occurrence and $4,000,000.00 dollars in the aggregate.
B.
Certificates of the Required Insurance
RFP – Tree Inventory Consultant – Borough of Middlesex
7
Certificates as listed above shall be submitted along with the contract as evidence covering
Errors and Omissions insurance. Such coverage shall be with acceptable insurance
companies operating on an admitted basis in the State of New Jersey.
The contractor shall provide the Borough with a Certificate of Insurance naming the
Middlesex Borough, its employees, officers, and agents as additionally insured, and
evidencing the existence of required insurance prior to the commission of work.
Middlesex Borough will not accept Mutual Limitation of Liability terms.
2.7.10 Health Insurance Portability and Accountability Act of 1996 - HIPAA (If Applicable)
Both parties agree to comply with all requirements of the Federal Health Insurance Portability and
Accountability Act of 1996 (“HIPAA”) as maybe amended from time to time, and the corresponding
HIPAA regulations for the confidentiality and security of medical information.
The Contractor shall:
• Not use or disclose protected health information other than as permitted or required by law
• Use appropriate safeguards to protect the confidentiality of the information
• Report any use or disclosure not permitted
The contractor, by execution of the contract, shall thereby indemnify and hold the owner harmless from
any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the
failure of the contractor to comply with the requirements of the Health Insurance Portability and
Accountability Act (HIPAA) or any other statute or case law protecting the privacy of persons using its
services.
2.7.11 Proof of Licensure
Proof of licensure for providing Services in the State of New Jersey, for either the firm or the person
responsible for the work, shall be provided as required.
2.7.12 Certification of Prohibited Activities in Russia and Belaurus & Investment
Activities in Iran Pursuant to P.L.2022,c.3
N.J.S.A. 52:32-55 et seq.; P.L. 2022, c. 3 prohibits the award, renewal, amendment, or extension of
State and local public contracts for goods or services with persons or entities engaging in prohibited
activities in Russia or Belarus. P.L. 2012, c.25 prohibits the award or renewal of State and local public
contracts for goods and services with persons or entities engaged in certain investment activities in the
energy or finance sectors of Iran. Before a goods and services contract can be entered into, vendors and
contractors must certify that neither they nor any parent entity, subsidiary, or affiliate is listed on the
New Jersey Department of the Treasury’s list of entities determined to be engaged in prohibited
activities in Russia or Belarus pursuant to P.L. 2022, c. 3 (“Russia-Belarus list”) or in Iran pursuant to
P.L. 2012, c. 25 ("Chapter 25 list").
2.8 Public Emergency
In the event of a Public Emergency declared at the Local, State or Federal Level, if the owner opts to
extend terms and conditions of this RFP, the contractor agrees to extend the terms and conditions of this
RFP, whether existing, expiring or expired no longer than six months, for goods and/or services for the
duration of the emergency. In the event the original contractor cannot meet this requirement, the owner
may solicit the goods and/or services from any bidder on this contract.
2.9 Multiple Proposals Not Accepted
More than one proposal from an individual, a firm or partnership, a corporation or association under the
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same or different names shall not be considered.
2.10 Failure to Enter Contract
Should the respondent to whom the contract is awarded, fail to enter into a contract within ten (10) days,
Sundays and holidays excepted, the owner may then, at its option, accept the proposal of another
respondent.
2.11 Commencement of Work
The contractor agrees to commence work after the date of award by the owner and upon notice from the
using department.
2.12 Time of Completion
It is hereby understood and mutually agreed, by and between the respondent and the owner, that the date
on which the work shall be substantially complete as specified in the RFP is an essential condition of
this contract. It is further mutually understood and agreed that the work and contract time embraced in
this Contract shall commence on the date specified and that the resulting contract shall be completed in
sequence and time frames identified by the owner.
The respondent agrees that said services shall be processed regularly, diligently, and uninterruptedly at
such rate of progress as will ensure full completion thereof within the time specified. It is expressly
understood and agreed, by and between the respondent and the owner, that the time of completion of the
services described herein is a reasonable time for the completion of it.
2.13 Termination of Contract
If, through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations under
the Contract or if the contractor violates any requirements of the Contract, the owner shall thereupon
have the right to terminate the Contract by giving written notice to the contractor of such termination at
least thirty (30) days prior to the proposed effective date of the termination. Such termination shall
relieve the owner of any obligation for the balances to the contractor of any sum or sums set forth in the
Contract.
The contractor agrees to indemnify and hold the owner 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 owner under this provision.
In case of default by the contractor, the owner may procure the articles or services from other sources
and hold the contractor responsible for any excess cost occasioned thereby.
2.14 Non-Allocation of Funding Termination
Each fiscal year payment obligation of the Owner is conditioned upon the availability of Owner funds
appropriated or allocated for the payment of such an obligation. If funds are not allocated and available
for the continuance of any services performed by the Contractor hereunder, whether in whole or in part,
the Owner at the end of any particular fiscal year may terminate such services. The Owner will notify
the Contractor in writing immediately of any services that will be affected by a shortage of appropriated
funds. This provision shall not be construed so as to permit the Owner to terminate this Agreement
during the term, or any service hereunder, merely in order to acquire identical services from a third-party
contractor.
2.15 Force Majeure
Neither party shall be responsible for any resulting loss or obligation to fulfill duties as specified in any
of the terms or provisions of this Agreement if the fulfillment of any term or provision of this
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Agreement is delayed or prevented by any revolutions, insurrections, riots, wars, acts of enemies,
national emergencies, strikes, floods, fires, acts of God, or by any cause not within the control of the
party whose performance is interfered with which by the exercise of reasonable diligence such party is
unable to prevent. Additionally, if the fulfillment of any of the terms and provisions of this Agreement
is delayed or prevented by any court order, or action or injunction or other such agreement, this
Agreement shall become voidable by the Borough of Middlesex by notice to each party.
2.16 The Owner and the Contractor each bind themselves and their successors, executors,
administrators, heirs and assigns and legal representatives of the other party respecting all covenants and
agreements and obligations of this contract.
2.17 The terms of this contract shall be construed and interpreted, and all respective rights and duties of
the parties shall be governed by the laws of the State of New Jersey.
2.18 Challenge of Specifications
Any respondent who wishes to challenge a specification shall file such challenge in writing with the
Purchasing Agent no less than three (3) business days prior to the opening of the RFP's.
Challenges filed after that time shall be considered void and having no impact on the owner or the award
of contract.
2.19 Payment
Invoices shall be submitted monthly and must specify, in detail, the period for which payment is
claimed, the services performed during the prescribed period, the amount claimed and correlation
between the services claimed, all backup documentation (mileage, time logs, receipts for expenses, etc.),
amount remaining in total balance, and the Proposal Cost Form.
The Borough of Middlesex will provide a sample Progress Report and Invoice for the Hired Consultant
to ensure compliance.
The owner may withhold all or partial payments on account of subsequently discovered evidence
including but not limited to the following:
1. Deliverables not complying with the project specification;
2. Claims filed or responsible evidence indicating probability of filing claims;
3. A reasonable doubt that the Contract can be completed for the balance then unpaid.
When the above grounds are removed, payment shall be made for amounts withheld because of them.
Invoices shall specify, in detail, the period for which payment is claimed, the services performed during
the prescribed period, the amount claimed and correlation between the services claimed and the Proposal
Cost Form.
2.20 Non-payment of Penalties and Interest on Overdue Bills
Public funds may be used to pay only for goods delivered or services rendered. The Borough of
Middlesex will not pay penalties and/or interest on overdue bills. No employee is authorized to sign a
letter of credit or any other document that represents a legal commitment on the part of the Borough to
pay additional fees.
2.21 Ownership of Material
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The owner shall retain all of its rights and interest in any and all documents and property both hard copy
and digital furnished by the owner to the contractor for the purpose of assisting the contractor in the
performance of this contract. All such items shall be returned immediately to the owner at the expiration
or termination of the contract or completion of any related services, pursuant thereto, whichever comes
first. None of the documents and/or property shall, without the written consent of the owner, be
disclosed to others or used by the contractor or permitted by the contractor to be used by their parties at
any time except in the performance of the resulting contract.
Ownership of all data, materials and documentation originated and prepared for the owner pursuant to
this contract shall belong exclusively to the owner. All data, reports, computerized information,
programs and materials related to this project shall be delivered to and become the property of the owner
upon completion of the project. The contractor shall not have the right to use, sell, or disclose the total of
the interim or final work products, or make available to third parties, without the prior written consent of
the owner.
Under state and federal statutes, certain government records are protected from public disclosure. The
Borough, the Contractor and any Subcontractors have a responsibility and an obligation to safeguard
from public access an employee's personal information with which it has been entrusted when disclosure
thereof would violate the employee's reasonable expectation of privacy. All payroll, personnel and
health insurance related files are confidential. Additionally, the Contractor and any Subcontractors may
be privy to sensitive law enforcement information or investigations during their review which must
remain confidential. The Borough reserves the right to make any public disclosure under the law. Also,
among government records deemed confidential are administrative or technical information regarding
computer hardware, software and networks that, if disclosed, would jeopardize computer security. The
Contractor and any Subcontractor(s) are prohibited from the sale or distribution of all supplied
information to any third party.
2.22 Source of Specifications/RFP Packages
Official Request for Proposal (RFP) packages for routine goods and services are available from
www.middesexboro-nj.gov at no cost to the prospective respondents. All addenda are posted on this
site. Potential respondents are cautioned that they are responding at their own risk if a third party
supplied the specifications that may or may not be complete. The Borough is not responsible for third
party supplied RFP documents.
2.23 Altering Official Document
Respondents shall not write in any margins or alter the official content of Borough’s RFP document.
2.24 RFP Preparation of Forms
RFPs must be signed in ink by the respondent; all quotations shall be made with a typewriter/computer
or pen and ink. Any quotation showing any erasure alteration must be initialed by the respondent in ink.
Unit prices and totals are to be inserted in spaces provided.
2.25 W-9
Successful bidder/respondent shall complete W-9 Form and submit to Finance prior to contract award.
The form is available at the following link: www.irs.gov/pub/irs-pdf/fw9.pdf
3. SCOPE OF WORK (SOW)
The following is a description of the professional services needed, including where appropriate, a
description of tasks involved:
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The Borough of Middlesex (hereinafter “the Borough”), located in Middlesex County, New Jersey, is a
municipality of approximately 13,500 residents and 3 ½ square miles. The Borough is seeking a bidder
that can perform all the duties described throughout this Request for Proposal. This contract will be
awarded through a fair and open process pursuant to N.J.S.A. 19:44A-20.5 et seq.
Through a Request for Proposals process described herein, bidder interested in providing the
Borough of Middlesex with the provision of such services must prepare and submit a proposal in
accordance with the procedure and schedule in this RFP. The Borough of Middlesex will review
proposals only from those individuals which include all information required to be included as
described herein.
Please review RFP package for all forms that will be required with proposal submission. The
Borough of Middlesex intends to award a contract to the bidder that possesses the professional
and administrative capabilities to provide the proposed services.
Procurement Process and Schedule
The selection of Qualified Respondents for Professional Services is not subject to the provisions of the
Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq. The selection is subject to the “New Jersey
Local Unit Pay-to-Play” Law, N.J.S.A. 19:44A-20.5 et seq., however, the Borough has structured a
procurement process that seeks to obtain the desired results described above, while establishing a
competitive process to assure that each bidder is provided an equal opportunity to submit a Proposal in
response to the RFP. Proposals will be evaluated in accordance with the criteria set forth in this RFP,
which will be applied in the same manner to each Proposal received.
Proposals will be reviewed and evaluated by the Shade Tree Commission. The Proposals will be
reviewed to determine if the Respondent has met the minimum professional and administrative areas
described in this RFP based upon the totality of the information contained in the proposal, including
information about the reputation and experience of each respondent. First, the Borough will determine
which respondents are qualified (from professional and administrative standpoints). Each respondent
that meets the requirements of the RFP (in the sole judgment of the Borough) will be designated as a
Qualified Respondent and will be given the opportunity to participate in the selection process.
Selection Criteria
The selection criteria to be used in awarding a contract for services shall include:
1. Qualifications of the individuals who will perform the tasks and the amount of their respective
participation.
2. Experience in providing the services requested by the Shade Tree Commission and referenced
related thereto.
3. Ability to perform the tasks in a timely fashion, including staffing and familiarity with the
subject matter and the Borough.
4. Recent, current and projected workload of the bidder.
5. Thoroughness and completeness of the applicant’s submittal.
6. Compensation proposal.
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Intent
The Borough of Middlesex, Shade Tree Commission is seeking a Tree Inventory Consultant to conduct
a wide comprehensive level two assessment of street trees, vacant planting spaces and stumps in the
borough’s right-of-way, by a bidder that has a NJ Licensed Tree Expert on staff.
Mandatory Requirements
Each bidder shall have on staff at least one (1) Licensed Tree Expert (LTE) directly involved with the
inventory project, including having direct hands-on involvement with the field inventory work.
A Licensed Tree Expert (LTE) is a person who has been examined and proven to be competent in the
science and art of diagnosing, treating and preventing tree injuries. These professionals demonstrate
high ethical and moral standards in the practice of tree care and are licensed by the New Jersey Board
of Tree Experts. A copy of the license must be provided with the RFP submission.
Licensing of Tree Experts and Tree Care Operators
Licensing legislation was proposed by industry groups and passed by the New Jersey legislature on
January 16, 2010. The legislation is known as the Tree Expert and Tree Care Operators Licensing Act
and on April 17, 2017, the Tree Expert and Tree Care Operators Licensing Law's rules were adopted and
promulgated.
The Act creates a licensing program under which individuals may become Licensed Tree Experts
(LTEs) or Licensed Tree Care Operators (LTCOs) by passing an examination and demonstrating good
moral character. Licensees will be required to complete continuing education requirements, abide by
standards of professional conduct and ethics, and adhere to safety standards, as well as industry practice
standards. No individual shall represent himself or herself to the public as a licensed tree expert or a
licensed tree care operator or use any title, designation, word(s), letter, or abbreviations tending to
indicate that such individual is a licensed tree expert or a licensed tree care operator without obtaining
licensure as a tree expert by the Board of Tree Experts.
Tree care services in New Jersey are defined by the Act as meaning tree care operator services and tree
expert services as established by N.J.S.A. 45:15C-11 et seq. Licensed Tree Experts can perform tree
expert services which means and includes tree pruning, repairing, brush cutting or removal, tree
removal, stump grinding or removal, tree establishment, fertilization, cabling and bracing, lightning
protection, consulting, diagnosis, and treatment of tree problems or diseases, tree management during
site planning and development, tree assessment and risk management, and application of pesticides or
any other form of tree maintenance. Licensed Tree Care Operators can perform tree care operator
services which means and includes tree pruning, repairing, brush cutting or removal, tree removal, and
stump grinding or removal.
SPECIFICATIONS
The trees that are included in the street tree inventory are street trees that are located on municipally
owned roadways (also known as the right-of-way). The Borough of Middlesex has approximately 3 ½
square miles of roads in the Borough. County roads, State roads and Private streets are NOT part of the
proposed project and shall not be inventoried. A current Borough roadway map will be provided to the
awarded bidder. The following Tasks will outline the services which the Shade Tree Commission seeks
to have provided by a bidder with a NJ Licensed Tree Expert.
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Task I: Tree Inventory
The Borough estimates that there are approximately seven thousand (7,000) street trees and stumps
along the municipally owned public streets within the Borough.
Each vendor shall determine their own method of data collection; however, the following minimum data
fields shall be provided within Borough’s street tree inventory:
The following information shall be provided as a data field within the inventory:
1. Tree Identification Number (ID#) – Each tree inventoried shall be given a unique number not
assigned to any other tree in the inventory
2. Address/Location – Identify the location of each tree and stump by the following attributes:
a. House Address/number
b. The street the tree is physically located on
c. Planting space for newly planted trees shall be greater than four feet.
All street trees shall be inventoried that exist between curb and sidewalk, those within the
Borough’s right-of-way.
3. Species – Trees shall be identified by genus and species using both botanical and common
names, and cultivars where appropriate
4. Tree size – diameter is measured to the nearest inch in 1-inch size classes at 4 ½ feet above the
ground, or diameter at breast height (DBH)
5. Condition – the general condition of each tree is evaluated in accordance with the International
Society of Arboriculture rating system:
Excellent
100%
Very Good
90%
Good
80%
Fair
60%
Poor
40%
Very Poor
20%
Dead
0%
6. Primary Maintenance Needs – The following maintenance needs will be determined based on
ANSI A300 standards specifications:
• Removal – Trees designated for removal have defects that cannot be practically or cost-
effectively treated. The majority of trees in this category have a large percentage of dead
crown.
• Stump Removal – This category indicates a stump that should be removed
• Tree Clean – Removal of dead wood 2” and greater
• Crown Raising – Removal of growth that becomes an obstruction to vehicular or
pedestrian traffic; utilities and other infrastructure as needed
• Percentage of dead wood – more than 75%, 50-75%, 25-50%, less than 25%, none
7. Risk Assessment – note weak forks (included bark with decay is visible on large stems or if
suspected), cavities (opening in tree whether visible or not), probability of failure (low,
moderate, high, extremely high), potential to impact a target (occasional use, intermediate use,
frequent use)
8. Aboveground utilities – note presence of overhead utility wires within ten (10) feet of tree’s
crown, note present and not conflicting, present and conflicting or not present
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9. Vacant planting locations
10. Carbon Sequestration
11. Storm Water Reduction
12. Date of survey – Date of the physical tree survey and collection of data fields
13. Additional notes - note whether or not there is a sidewalk, curbing or the street being lifted by
the roots of the tree
Task II: Inventory Summary Report Option (Alternate #1)
An Inventory Summary Report is a brief analysis of the inventory data with various reports that will
include the following sections:
1. Executive Summary – presents a brief overview of inventory findings, including current status
of the urban forest and recommended tree maintenance along with benefit information and
planting needs.
2. Tree Inventory Analysis – identified the inventoried areas and discusses the following: species
diversity, diameters size class distribution, general health and primary maintenance and risk.
This information should be represented by a pie chart, for example.
3. Benefits of the Urban Forest – Vendor software can be used to estimate some of the economic,
environmental and costs benefits tree provide. This information should be represented by a pie
chart, for example.
Task III: Tree Inventory/Mapping and Management Software
1. With the RFP submittal, each bidder shall provide the name of their Tree Inventory Management
Software that shall be used to create and inventory the Borough’s street tree resource. The
software chosen shall be the avenue in which all the tree data fields shall be imported to. This
shall be user-friendly software used to assist professionals in the management of the urban forest.
The software shall organize the tree inventory (as noted in Task One: Tree Inventory) and
provide an interface that is easy to use and understand. The software program shall include
mapping of the Borough with the inventory plotted thereon.
2. Software training and support (on-site training seminar designed specifically Borough staff and
the Shade Tree Commission) shall be provided. On-site training at the Borough shall include, at
minimum, hands-on computer training with up to ten (10) Borough representatives at two (2)
separate scheduled trainings sessions. One (1) full year of unlimited telephone support shall be
included with the training.
Each bidder may be asked to provide an on-site demo of their software/mapping and inventory program
so that the end users can evaluate each bidder’s inventory software and compare it to the requirements of
the RFP specifications. Demonstrations will be scheduled with each responsive bidder after the bid
opening but before any bid award recommendation is made to Borough Council. This shall be provided
at no charge to the Borough and shall not be itemized as a separate bid item to be paid by the Borough if
and when a specific bidder is chosen.
Task IV: Deliverables
1. Complete street tree inventory (Task I) uploaded into Inventory and Management Software (Task
Three).
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2. On-site training and telephone support as identified in Task III.
3. Inventory Summary Report – Alternate #1 (Executive Summary, Tree Inventory Analysis and
benefits to the Urban Forest) as noted in Task II. Please provide in electronic format only (i.e.
PDF format on CD-ROM).
Items to be provided by the Borough
1. The Borough shall provide the bidder with Borough maps and any other information necessary at
no charge. These may include: available GIS layers, street/road maps, tax maps; right of way
widths/pavement widths; boundaries and utilities; an electronic file of printed list of street
names.
2. Provide daily contact information and directions as needed throughout the inventory process.
3. The Borough will coordinate with the awarded bidder to host an informational kick-off meeting
immediately prior to the start of fieldwork.
Progress Reports
Progress Reports shall be submitted to the Shade Tree Commission every month so as to monitor work
progress, address any pertinent questions and to resolve any issues. The submission of these reports
each month can be adjusted as needed as determined by the Shade Tree Commission.
References
Bidders shall provide the Borough with a copy of not less than three (3) professional references,
complete with names, address and pertinent contact information.
Borough’s Work Schedule/Holidays
The Borough's work schedule consists of 9:00 A.M. to 4:00 P.M., Monday through Friday. The
Borough is closed on the following holidays during 2024:
January
1
Monday
September
2
Monday
January
15
Monday
October
14
Monday
February
19
Monday
November
11
Monday
March
29
Friday
November
28
Thursday
May
27
Monday
November
29
Friday
June
19
Friday
December
25
Wednesday
July
4
Thursday
Start of Work
A Pre-Project Conference will be scheduled within 5 calendar days of the Borough’s receipt of a signed
contract. A Notice to Proceed (NTP) will be issued by the Borough within 5 calendar days of the Pre-
Project Conference.
Right to Terminate Contract
The Borough reserves the right to terminate and/or cancel this contract for cause upon seven (7) days
written notice, sent via regular and certified mail, return receipt requested, to the successful bidder.
Cause shall include, but not limited to any breach, default or failure to perform.
Contract Alternates (Alternate #1)
Dependent upon the availability of funds, the Borough reserves the right to award or not award the Base
project described and the services as Alternate #1 in the RFP.
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Middlesex County, Private Roads, State of New Jersey Roads
Roadways owned and maintained by Middlesex County, State of NJ, and all private roads within
residential developments (age restricted and non-age restricted) and planned commercial developments
within the Borough shall NOT be inventoried as part of this project.
Attached is a listing of all roadways maintained by Middlesex County, State of New Jersey and Private
Roads within the Borough (Appendix A). Trees NOT to be inventoried.
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BOROUGH OF MIDDLESEX
EXCEPTIONS
For each exception, the bidder must identify the specific section of specifications by providing the number and
title the exception applies to. It is the responsibility of the bidder to document the equivalence claim in
writing. Submitting product brochures is not an acceptable claim of equivalence.
(IF NONE SO STATE)
USE ADDITIONAL SHEET IF NECESSARY
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4.
Proposal Requirements
4.1 Qualification Statement
A statement is to be provided by the respondent who will serve as the primary contractor. The statement
shall set forth brief details of the firm's principal activities, the number of personnel in the firm and the
firm's location. Please provide a list of (3) three clients for whom similar services have been provided.
Include the following in your response:
1. Name of government agency.
2. Contact person’s name, position, and current telephone number.
3. Dates, cost and scope of service.
4. Status and comments
4.2 Key Personnel Information
The respondent shall provide the identity and the professional credentials of the principals and other key
personnel either working for the contractor and their areas of responsibilities.
4.3 Subcontractors
Respondents may engage the services of subcontractors for completion of this project. If their proposal
involves any subcontractors, full details on the nature of the work to be performed by them and the
location in which the work is to be performed must be provided. The respondent understands that if
selected, the owner prior to initiating any subcontracted work, must approve the use of subcontractors in
writing.
4.4 Proposal Forms
The following forms are contained in the attachments. All forms are required and shall be completed
and made part of the proposal submitted.
1. Proposal Cost/Signature Form
2. Qualifications Submission Form
3. Non-Collusion Affidavit
4. Stockholder Disclosure
5. Insurance Requirement Acknowledgement Form
6. Affirmative Action Statement
7. Professional Service Entity Information Form
8. Acknowledgement of Receipt of Addenda
9. Certification of Prohibited Activities in Russia and Belarus & Investment Activities in Iran
4.5 Location of Servicing Office
The proposal must list the location and address of the present, active office that will service and manage
this contract.
5.
Evaluation, Review and Selection Process
5.1 Proposals to Remain Subject to Acceptance
RFP responses shall remain open for a period of sixty (60) calendar days from the stated submittal. The
owner will either award the Contract within the applicable time period or reject all proposals.
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The owner may extend the decision to award or reject all proposals beyond the sixty (60) calendar days
when the proposals of any respondents who consent thereto may, at the request of the owner, be held for
consideration for such longer period as may be agreed.
5.2 Rejection of Proposals
The owner reserves the right to reject any or all proposals, or to reject any proposals if the evidence
submitted by, or investigation of such respondent fails to satisfy the owner that such respondent is
properly qualified to carry out the obligations of the RFP and to complete the work contemplated
therein. The owner reserves the right to waive any minor informality or reject any/or all submissions in
accordance with the Fair & Open Public Solicitation Process for professional services(s) pursuant to P.L.
2004, c.19 (N.J.S.A. 19:44A-20.4 et seq.) in the RFP.
5.3 Evaluation Process
An evaluation team will review all proposals to determine if they satisfy the Proposal Requirements,
determine if a proposal should be rejected and evaluate the proposals based upon the Evaluation Criteria.
The highest-ranking respondent will then be recommended to the governing body for award of contract,
based on most advantageous price and other factors. The Borough reserves the right to reach out to the
respondents to get clarification on Proposals on specific items if necessary, during the deliberation
process.
Evaluation Team – RFP respondents are prohibited from contacting any member of the evaluation team
directly without a formal invitation. If it is found that a respondent has attempted to discuss their
proposal with a team member without an invite, then their proposal may be deemed unresponsive. All
questions during the evaluation period shall be directed to the Purchasing Agent.
5.4 Evaluation Criteria
The criteria considered in the evaluation of each proposal follows. The arrangement of the criteria is not
meant to imply order of importance in the selection process. All criteria will be used to select the
successful respondent.
This will be based on the quality of the content of the RFP and the respondent's ability to communicate a
thorough understanding of the required tasks and the approach to meet the scope of work outlined in the
RFP. The proposals will be evaluated for general compliance with instructions and requests issued in
the RFP. Non-compliance with significant instructions will be grounds for disqualification of proposals.
5.4.1 Understanding of the Requested Work
The proposals will be evaluated for general compliance with instructions and requests issued in the RFP.
Non-compliance with significant instructions shall be grounds for disqualification of proposals.
5.4.2 Knowledge and Technical Competence
This includes the ability of the respondent to perform all of the tasks and fulfill adequately the stated
requirements.
5.4.3 Management, Experience and Personnel Qualifications
Expertise of the firm shall be demonstrated by past contract successes providing government agencies
with similar services. The respondent will be evaluated on knowledge, experience, prior collaboration
and successful completion of projects/services similar to that requested in this RFP.
In addition to relevant experience, respondents shall provide personnel qualifications in the Proposal.
(See 4.1 and 4.2).
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5.4.4 Ability to Complete the Project/Services in a Timely Manner
This is based on the estimated duration of the tasks and the respondent’s ability to accomplish these
tasks as stated.
5.4.5 Cost
Price shall be based on amount stated on the proposal cost form. Total overall costs to complete the
project, the cost of maintenance, training, etc., or price shall be based on hourly rates and schedules of
fees submitted with the proposal. Any services not included as part of any resulting contract scope of
services must be approved and authorized by the owner before such work is initiated. The owner shall
pay for such approved services, at the rate or cost agreed upon between the owner and contractor,
provided the respondent has provided a schedule of fees for additional services with this RFP.
5.5 Notice of Award
The successful respondent will be notified of the award of contract upon a favorable decision by the
governing body.
6.0 Schedule Timeline:
Date Advertised
May 3, 2024
Deadline to submit questions
May 9, 2024 by 3:00pm
Bid Opening
May 17, 2024
Anticipated Award Date
June 25, 2024
RFP – Tree Inventory Consultant – Borough of Middlesex
21
BOROUGH OF MIDDLESEX
CHECKLIST
TREE INVENTORY CONSULTANT
SUBMISSION DATE: Friday, May 17, 2024 at 11:00 AM
The following items, as indicated below (X), shall be provided with the receipt of sealed submissions:
1. Non-Collusion Affidavit …………………………….……………………………… ___X____
2. Stockholder Disclosure Certification ……………………………………….…………. ___X____
3. Insurance Requirement Acknowledgement Form …………..……….……………… ___X____
4. Mandatory Equal Employment Opportunity Notice Acknowledgement ………………___X____
5. Copy of your Business Registration Certificate as issued by the State of
New Jersey, Department of Treasury, Division of Revenue ...……………………….. ___X____
6. Professional Service Entity Information Form ……………………….………………. ___X____
7. Qualifications Submission Form…….………………………………………….……… ___X____
8. Certification of Prohibited Activities in Russia and Belarus & Investment Activities in Iran___X____
9. Acknowledgement of Corrections, Additions or Deletions Form ………………….
___X____
10. Proposal Cost/Signature Form ………………………………..………………………..___X____
Reminder
Please submit one (1) original and one (1) additional set of the sealed submission.
Each submission shall be contained in a sealed envelope addressed to: Purchasing Agent,
Borough of Middlesex, 1200 Mountain Ave., Middlesex, NJ 08846 or in the preprinted
envelope supplied with the submission package when available and said envelope shall
specify the Appointment Title/Professional Service for which the submission is provided.
The submission is to be clearly marked “Sealed Submission Enclosed” – Tree Inventory
Consultant and must be delivered at the place and time required or mailed so as to be
received prior to the opening time set in the advertisement.
Submissions received after the hour herein named or in unsealed envelopes shall not be
considered.
RFP – Tree Inventory Consultant – Borough of Middlesex
22
BOROUGH OF MIDDLESEX
Middlesex, NJ
PROPOSAL PAGE
TREE INVENTORY
Bidder Name: __________________________________________________________
Project Pricing
Task I – Tree Inventory
1. GIS-Based Tree Inventory
Computerized inventory data collection of up to seven thousand (7,000) existing trees/stumps for
a cost of:
LUMP SUM COST
$_____________________________________________________
Total lump sum cost in numeric format
$_____________________________________________________
Total lump sum cost in written format
2 Additional inventory (if and where directed) data collection above the seven thousand (7,000)
trees/stumps, shall be charged to the Borough at a unit rate of:
$
_______________________/per tree
Cost in numeric format
$_______________________________________/per tree_______
Cost in written format
Task II – Inventory Summary Report (Alternate #1)
Award is dependent upon availability of funds
1. Executive Summary, Tree Inventory Analysis and Benefits of the Urban Forest - Please provide
in electronic format only (i.e. PDF format on CD-ROM).
$
______________________________
Cost in numeric format
$_____________________________________________________
Cost in written format
RFP – Tree Inventory Consultant – Borough of Middlesex
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BOROUGH OF MIDDLESEX
Middlesex, NJ
PROPOSAL PAGE
TREE INVENTORY
Task III – Tree Inventory and Management Software
(The Borough shall have the ability to edit data fields and mapping as needed – cost must be
reflective of this ability)
1. Bidder/Vendor Software initial fee:
$
______________________________
Cost in numeric format
$_____________________________________________________
Cost in written format
2. One-year subscription:
$
______________________________
Cost in numeric format
$_____________________________________________________
Cost in written format
3. Three-year subscription:
$
______________________________
Cost in numeric format
$_____________________________________________________
Cost in written format
4. Five-year subscription
$
______________________________
Cost in numeric format
$_____________________________________________________
Cost in written format
RFP – Tree Inventory Consultant – Borough of Middlesex
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BOROUGH OF MIDDLESEX
Middlesex, NJ
PROPOSAL PAGE
TREE INVENTORY
5. Software Training and Support:
Two (2) on-site comprehensive on-site training sessions will be scheduled and performed for
approximately one (1) to ten (10) users. One (1) year of unlimited phone/email and/or online
support included.
$
______________________________
Cost in numeric format
$_____________________________________________________
Cost in written format
_______________________________________________________________________________
Bidder shall provide the anticipated amount of calendar days to complete this project. The start
date shall begin from the date of the Notice to Proceed/receipt of Purchase Order.
____________ Calendar days to complete project
Company Name___________________________________________________________________
Company Address ________________________________________________________________
________________________________________________________________________________
Authorized Representative ____________________________ Title__________________________
Signature __________________________________________Date__________________________
Email _____________________________________Website_______________________________
Telephone No __________________________ Facsimile No ______________________________
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BOROUGH OF MIDDLESEX
QUALIFICATIONS SUBMISSION FORM
1.
Names and roles of the individuals who will perform the services and description of
their education and experience with projects similar to the services contained herein
including their education, degrees and certifications:
2.
References and record of success of same or similar service:
3.
Description of ability to provide the services in a timely fashion (including staffing,
familiarity and location of key staff):
RFP – Tree Inventory Consultant – Borough of Middlesex
26
4. Cost details, including the hourly rates of each of the individuals who will perform
services, including their title, level of expertise and years of experience, and all expenses:
Firm __________________________________________ Date: _________________________
Authorized Representative (Print):
___________________________________________________
Signature: ________________________ Title:________________________________________
Telephone #: _____________________ Fax #: ______________________________________
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BOROUGH OF MIDDLESEX
PROFESSIONAL SERVICE ENTITY INFORMATION FORM
If the Professional Service Entity is an INDIVIDUAL, sign name and give the following information:
Name:______________________________________________________________________________________________
Address:_____________________________________________________________________________________________
Telephone No.: ____________________Social Security No.: ___________________________________________________
Fax No.: _______________________ E-Mail: _____________________________________________________________
If individual has a TRADE NAME, give such trade name:
Trading As: _________________________________ Telephone No.: ___________________________________________
****************************************************************************************************
If the Professional Service Entity is a PARTNERSHIP, give the following information:
Name of
Partners:_____________________________________________________________________________________________
Firm
Name:_______________________________________________________________________________________________
Address:_____________________________________________________________________________________________
Telephone No.: ____________________________ Federal I.D. No.: _____________________________________________
Fax No.: ______________________ E-Mail: _______________________________________________________________
Social Security No.: ___________________________________________________________________________________
Signature of authorized agent: ____________________________________________________________________________
****************************************************************************************************
If the Professional Service Entity is INCORPORATED, give the following information:
State under whose laws incorporated: _____________________________________________________________________
Location of principal office: _____________________________________________________________________________
Telephone No.: ____________________ Federal I.D. No.: ____________________________________________________
Fax No.: _______________________ E-Mail:_______________________________________________________________
Name of agent in charge of said office upon whom notice may be legally served:
____________________________________________________________________________________________________
Telephone No.: ___________________Name of Corporation: __________________________________________________
Signature: By: __________________________________________________________
Title: Address: ______________________________________________________________
RFP – Tree Inventory Consultant – Borough of Middlesex
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BOROUGH OF MIDDLESEX
OWNERSHIP STATEMENT - STOCKHOLDER DISCLOSURE FORM
LEGAL NAME OF BIDDER: ___________________________________________________________
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
Other, Please List __________________________________
List the names and addresses of all stockholders who own ten (10%) percent or more of the above company’s stock, and if
there are NO STOCKHOLDERS OF 10% OR MORE, simply check the second box below. If one or more such
stockholders or partner is itself a corporation or partnership, the stockholders holding 10% or more of that corporation's
stock, or the individual partners owning 10% of that corporation's stock, or the individual partners owning 10% or greater
interest in that partnership, as the case may be, must also be listed.
The disclosure shall be continued until names and addresses of every person who is a non-corporate
stockholder, or individual partner, exceeding the 10% ownership criteria established in this act, has been
listed, in full compliance with Chapter 33 of the New Jersey Public Laws of 1977.
BIDDERS/RESPONDENTS MUST CHECK THE APPROPRIATE BOX:
I certify that the list below contains the names and addresses of all stockholders holding 10% or more of the issued
and outstanding stock of the undersigned.
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned.
Publicly Traded - For publicly traded entities to comply with N.J.S.A. 52:25-24.2 they may submit the name and address
of each publicly traded entity, and the name and address of each person holding 10% or more beneficial interest in the
publicly traded entity as of the last annual filling with the Security Exchange Commission (SEC), or foreign equivalent.
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing, or foreign equivalent:
____________________________________________________________________________________________
The requested information is available on the following page number(s) of the SEC, or foreign equivalent, filing:
____________________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
(Note: Attach additional pages if necessary)
________________________________________________________________
______________
(Respondent/Respondent Authorized Signature)
(Date)
___________________________________________
______________________________________
(Print name of authorized signatory)
(Title)
RFP – Tree Inventory Consultant – Borough of Middlesex
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BOROUGH OF MIDDLESEX
NON-COLLUSION AFFIDAVIT
State of _____________
County of _____________
ss:
I, _____________________________ of the City of _______________________________
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 bidder making this Proposal for the above named project, and that I executed the said proposal
with full authority so to do; that said bidder has not, directly or indirectly entered into any
agreement, participated in any collusion, or otherwise taken any action in restraint of free,
competitive bidding in connection with the above named project; and that all statements contained
in said proposal and in this affidavit are true and correct, and made with full knowledge that the
Borough of Middlesex 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_________________________________.
(Name of Contractor)
(N.J.S.A. 52:34-15)
Subscribed and sworn to
Before me this _______day
Of ___________, _______.
Signature
(Type or print name of affiant under signature)
_______________________________________
Notary public of
My Commission expires ___________________.
RFP – Tree Inventory Consultant – Borough of Middlesex
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BOROUGH OF MIDDLESEX
INSURANCE REQUIREMENTS AND ACKNOWLEDGEMENT FORM
Certificate(s) of Insurance shall be filed with the Borough Clerk’s Office upon award of
contract by the Mayor and Borough Council.
The minimum amount of insurance to be carried by the Professional Service Entity shall
be as follows:
PROFESSIONAL LIABILITY INSURANCE
Limits shall be a minimum of $1,000,000.00 for each claim and $2,000,000.00
aggregate each policy period.
Acknowledgement of Insurance Requirement:
________________________________________________________________
(Signature)
(Date)
________________________________________________________________
(Printed Name and Title)
RFP – Tree Inventory Consultant – Borough of Middlesex
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EXHIBIT A
EEO/AFFIRMATIVE ACTION COMPLIANCE NOTICE
N.J.S.A. 10:5-31 and N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance
to the Borough and Division of Public Contracts Equal Employment Opportunity Compliance. During
a review, Division representatives will review the Borough files to determine whether the
affirmative action evidence has been submitted by the vendor/contractor. Specifically, each
vendor/contractor shall submit to the Borough, prior to execution of the contract, one of the
following documents:
Goods and General Service Vendors
1. Letter of Federal Approval indicating that the vendor is under an existing federally approved or
sanctioned affirmative action program. A copy of the approval letter is to be provided by the
vendor to the Borough and the Division. This approval letter is valid for one year from the date
of issuance.
Do you have a federally approved or sanctioned EEO/AA program?
Yes
No
If yes, please submit a photo static copy of such approval.
2. A Certificate of Employee Information Report (hereafter “Certificate”), issued in accordance with
N.J.A.C. 17:27-1.1 et seq. The vendor must provide a copy of the Certificate to the Borough as
evidence of its compliance with the regulations. The Certificate represents the review and
approval of the vendor’s Employee Information Report, Form AA-302 by the Division. The
period of validity of the Certificate is indicated on its face. Certificates must be renewed prior to
their expiration date in order to remain valid.
Do you have a State Certificate of Employee Information Report Approval?
Yes
No
If yes, please submit a photo static copy of such approval.
3. The successful vendor shall complete an Initial Employee Report, Form AA-302 and submit it to
the Division with $150.00 Fee and forward a copy of the Form to the Borough. Upon submission
and review by the Division, this report shall constitute evidence of compliance with the
regulations. Prior to execution of the contract, the EEO/AA evidence must be submitted.
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on
the Division website www.state.nj.us/treasury/contract_compliance.
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal
Employment Opportunity Compliance, with a copy to Public Agency.
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 and N.J.A.C. 17:27 and agrees to furnish the required forms of
evidence.
The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27.
COMPANY: ______________________________ SIGNATURE: ____________________________
PRINT NAME: ___________________________ TITLE: __________________________________
DATE: __________________
RFP – Tree Inventory Consultant – Borough of Middlesex
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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 Borough employment goals
established in accordance with N.J.A.C. l7:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited
to, employment agencies, placement bureaus, colleges, universities, 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 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 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 www.state.nj.us/treasury/contract_compliance).
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.
RFP – Tree Inventory Consultant – Borough of Middlesex
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SAMPLE CERTIFICATE OF EMPLOYEE INFORMATION REPORT
RFP – Tree Inventory Consultant – Borough of Middlesex
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BOROUGH OF MIDDLESEX
AMERICANS WITH DISABILITIES ACT OF 1990
Equal Opportunity for Individuals with Disability
The Contractor and the Owner, do hereby agree that the provisions of Title 11 of the Americans
With Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 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 owner
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 owner in any action or administrative proceeding commenced pursuant
to this Act. The contractor shall indemnify, protect, and save harmless the 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 owner’s
grievance procedure, the contractor agrees to abide by any decision of the owner which is rendered
pursuant to said grievance procedure. If any action or administrative proceeding results in an
award of damages against the owner, or if the 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 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 owner or any of its agents, servants, and
employees, the owner shall expeditiously forward or have forwarded to the contractor every
demand, complaint, notice, summons, pleading, or other process received by the owner or its
representatives.
It is expressly agreed and understood that any approval by the 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 owner pursuant to this
paragraph.
It is further agreed and understood that the 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 owner from taking any other actions available to it
under any other provisions of the Agreement or otherwise at law.
RFP – Tree Inventory Consultant – Borough of Middlesex
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BOROUGH OF MIDDLESEX
THESE ARE SAMPLES OF THE ONLY ACCEPTABLE
BUSINESS REGISTRATION CERTIFICATES
PREFER SUBMITTED WITH BID RESPONSE
REQUIRED BY LAW PRIOR TO AWARD OF CONTRACT
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CERTIFICATION OF NON‐INVOLVEMENT IN
PROHIBITED ACTIVITIES IN RUSSIA OR BELARUS
Pursuant to N.J.S.A. 52:32-60.1, et seq. (L. 2022, c. 3) any person or entity (hereinafter “Vendori”) that seeks to
enter into or renew a contract with a State agency for the provision of goods or services, or the purchase of bonds
or other obligations, must complete the certification below indicating whether or not the Vendor is identified on the
Office of Foreign Assets Control (OFAC) Specially Designed Nationals and Blocked Persons list, available here:
https://sanctionssearch.ofac.treas.gov/. If the Department of the Treasury finds that a Vendor has made a
certification in violation of the law, it shall take any action as may be appropriate and provided by law, rule or
contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the
party in default and seeking debarment or suspension of the party.
I, the undersigned, certify that I have read the definition of “Vendor” below, and have reviewed the Office of
Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, and having done so
certify:
(Check the Appropriate Box)
A. That the Vendor is not identified on the OFAC Specially Designated Nationals and Blocked Persons list
on account of activity related to Russia and/or Belarus.
OR
B. That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially
Designated Nationals and Blocked Persons list on account of activity related to Russia and/or Belarus.
OR
C. That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially
Designated Nationals and Blocked Persons list. However, the Vendor is engaged in activity related to
Russia and/or Belarus consistent with federal law, regulation, license or exemption. A detailed description
of how the Vendor’s activity related to Russia and/or Belarus is consistent with federal law is set forth
below.
Signature of Vendor’s Authorized Representative
Date
Print Name and Title of Vendor’s Authorized Representative
Vendor Name
Vendor Phone Number
Vendor Address (Street Address)
Vendor Fax Number
Vendor Address (City/State/Zip Code)
Vendor Email Address for Authorized Representative
______________________________________________
i Vendor means: (1) A natural person, corporation, company, limited partnership, limited liability partnership, limited liability company,
business association, sole proprietorship, joint venture, partnership, society, trust, or any other nongovernmental entity, organization, or
group; (2) Any governmental entity or instrumentality of a government, including a multilateral development institution, as defined in
Section 1701(c)(3) of the International Financial Institutions Act, 22 U.S.C. 262r(c)(3); or (3) Any parent, successor, subunit, direct or
indirect subsidiary, or any entity under common ownership or control with, any entity described in paragraph (1) or (2).
NJ Rev. 1.22.2024
(Attach Additional Sheets If Necessary.)
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Part 2: Additional Information
PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN.
You must provide a detailed, accurate and precise description of the activities of the person or entity,
or a parent entity, subsidiary, or affiliate thereof engaging in investment activates in Iran below and,
if more space is needed, on additional sheets provided by you.
Disclosure of Investment Activities in Iran
Person or Entity
Part 1: Certification
COMPLETE PART 1 BY CHECKING EITHER BOX.
Pursuant to Public Law 2012, c. 25, any person or entity that is a successful bidder or proposer, or
otherwise proposes to enter into or renew a contract, must complete the certification below to attest,
under penalty of perjury, that neither the person or entity, nor any parent entity, subsidiary, or
affiliate is identified on the State Department of Treasury's Chapter 25 list as a person or entity
engaging in investment activities in Iran. The list is found on Treasury’s website at
www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf.
The Chapter 25 list must be reviewed prior to completing the below certification. If a vendor or
contractor is found to be in violation of law, action may be taken as appropriate and as may provided
by law, rule or contract, including but not limited to imposing sanctions, seeking compliance,
recovering damages, declaring the party in default and seeking debarment or suspension of the
party.
I certify, pursuant to Public Law 2012, c. 25, that neither the person or entity
listed above, nor any parent entity, subsidiary, or affiliate thereof is listed on
the N.J. Department of the Treasury’s list of entities determined to be engaged
in prohibited activities in Iran pursuant to P.L. 2012, c. 25 ("Chapter 25 List").
I further certify that I am the person listed above, or I am an officer or
representative of the entity listed above and am authorized to make this
certification on its behalf. I will skip Part 2 and sign and complete the
Certification below.
OR
I am unable to certify as above because the person or entity and/or a parent
entity, subsidiary, or affiliate thereof is listed on the N.J. Department of the
Treasury’s Chapter 25 list. I will provide a detailed, accurate and precise
description of the activities in Part 2 below sign and complete the Certification
below.
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Part 3: Certification of True and Complete Information
I, being duly sworn upon my oath, hereby represent and state that the foregoing information
and any attachments there to the best of my knowledge are true and complete. I attest that I am
authorized to execute this certification on behalf of the above-referenced person or entity.
I acknowledge that the Name of Contracting Unit is relying on the information contained
herein and thereby acknowledge that I am under a continuing obligation from the date of this
certification through the completion of any contracts with the Reference to Contracting Unit to
notify the Reference to Contracting Unit in writing of any changes to the answers of information
contained herein.
I acknowledge that I am aware that it is a criminal offense to make a false statement or
misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal
prosecution under the law and that it will also constitute a material breach of my agreement(s) with
the Name of Contracting Unit and that the Reference to Contracting Unit at its option may
declare any contract(s) resulting from this certification void and unenforceable.
Full Name
(Print)
Title
Signature
Date
RFP – Tree Inventory Consultant – Borough of Middlesex
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CERTIFICATION OF NON-DEBARMENT
FOR FEDERAL GOVERNMENT CONTRACTS
N.J.S.A. 52:32-44.1 (P.L. 2019, c.406)
This certification shall be completed, certified to, and submitted to the contracting unit prior to contract award,
except for emergency contracts where submission is required prior to payment.
PART I: VENDOR INFORMATION
Individual or Organization
Name
Physical Address of
Individual or Organization
Unique Entity ID
(if applicable)
CAGE/NCAGE Code
(if applicable)
Check the box that represents the type of business organization:
Sole Proprietorship (skip Parts III and IV) Non-Profit Corporation (skip Parts III and IV)
For-Profit Corporation (any type) Limited Liability Company (LLC) Partnership
Limited Partnership
Limited Liability Partnership (LLP)
Other (be specific): ______________________________________________
PART II – CERTIFICATION OF NON-DEBARMENT: Individual or Organization
I hereby certify that the individual or organization listed above in Part I is not debarred by the federal government from
contracting with a federal agency. I further acknowledge: that I am authorized to execute this certification on behalf of the
above-named organization; that the Borough of Middlesex is relying on the information contained herein and that I am under a
continuing obligation from the date of this certification through the date of contract award by the Borough to notify the
Borough in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a
false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and
that it will constitute a material breach of my agreement(s) with the Borough, permitting the Borough to declare any contract(s)
resulting from this certification void and unenforceable.
Full Name (Print):
Title:
Signature:
Date:
PART III – CERTIFICATION OF NON-DEBARMENT: Individual or Entity Owning Greater than 50 Percent of Organization
Section A (Check the Box that applies)
Below is the name and address of the stockholder in the corporation who owns more than 50 percent of
its voting stock, or of the partner in the partnership who owns more than 50 percent interest therein, or of
the member of the limited liability company owning more than 50 percent interest therein, as the case
may be.
Name of
Individual or
Organization
Physical Address
OR
No one stockholder in the corporation owns more than 50 percent of its voting stock, or no partner in the
partnership owns more than 50 percent interest therein, or no member in the limited liability company
RFP – Tree Inventory Consultant – Borough of Middlesex
40
owns more than 50 percent interest therein, as the case may be.
Section B (Skip if no Business entity is listed in Section A above)
Below is the name and address of the stockholder in the corporation who owns more than 50 percent of
the voting stock of the organization’s parent entity, or of the partner in the partnership who owns more
than 50 percent interest in the organization’s parent entity, or of the member of the limited liability
company owning more than 50 percent interest in organization’s parent entity, as the case may be.
Stockholder/Part
ner/Member
Owning Greater
Than 50 Percent
of Parent Entity
Physical Address
OR
No one stockholder in the parent entity corporation owns more than 50 percent of its voting stock, no
partner in the parent entity partnership owns more than 50 percent interest therein, or no member in the
parent entity limited liability company owns more than 50 percent interest therein, as the case may be.
Section C – Part III Certification
I hereby certify that no individual or organization that is debarred by the federal government from contracting with a federal
agency owns greater than 50 percent of the Organization listed above in Part I or, if applicable, owns greater than 50 percent of a
parent entity of _______________________. I further acknowledge: that I am authorized to execute this certification on behalf of
the above-named organization; that the Borough of Middlesex is relying on the information contained herein and that I am under a
continuing obligation from the date of this certification through the date of contract award the Borough to notify the Borough in
writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement
or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it will
constitute a material breach of my agreement(s) with the Borough, permitting the Borough to declare any contract(s) resulting
from this certification void and unenforceable.
Full Name (Print):
Title:
Signature:
Date:
Part IV – CERTIFICATION OF NON-DEBARMENT: Contractor – Controlled Entities
Section A
Below is the name and address of the corporation(s) in which the Organization listed in Part I owns more
than 50 percent of voting stock, or of the partnership(s) in which the Organization listed in Part I owns
more than 50 percent interest therein, or of the limited liability company or companies in which the
Organization listed above in Part I owns more than 50 percent interest therein, as the case may be.
Name of Business Entity
Physical Address
**Add additional sheets if necessary**
OR
The Organization listed above in Part I does not own greater than 50 percent of the voting stock in any
corporation and does not own greater than 50 percent interest in any partnership or any limited liability
company.
RFP – Tree Inventory Consultant – Borough of Middlesex
41
Section B (skip if no business entities are listed in Section A of Part IV)
Below are the names and addresses of any entities in which an entity listed in Part III A owns greater than
50 percent of the voting stock (corporation) or owns greater than 50 percent interest (partnership or
limited liability company).
Name of Business Entity Controlled by Entity Listed
in Section A of Part IV
Physical Address
**Add additional Sheets if necessary**
OR
No entity listed in Part III A owns greater than 50 percent of the voting stock in any corporation or owns
greater than 50 percent interest in any partnership or limited liability company.
Section C – Part IV Certification
I hereby certify that the Organization listed above in Part I does not own greater than 50 percent of any entity that that is
debarred by the federal government from contracting with a federal agency and, if applicable, does not own greater than 50
percent of any entity that in turns owns greater than 50 percent of any entity debarred by the federal government from
contracting with a federal agency. I further acknowledge: that I am authorized to execute this certification on behalf of the above-
named organization; that the Borough of Middlesex is relying on the information contained herein and that I am under a
continuing obligation from the date of this certification through the date of contract award by the Borough to notify the Borough
in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false
statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it
will constitute a material breach of my agreement(s) with the Borough permitting the Borough to declare any contract(s) resulting
from this certification void and unenforceable.
Full Name (Print):
Title:
Signature:
Date:
RFP – Tree Inventory Consultant – Borough of Middlesex
42
BOROUGH OF MIDDLESEX
ACKNOWLEDGMENT OF RECEIPT OF ADDENDA
Tree Inventory Consultant
The undersigned Bidder hereby acknowledges receipt of the following Addenda:
ADDENDUM
NUMBER
DATE
ACKNOWLEDGE RECEIPT
(Initial)
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
No Addenda were received:
Acknowledged for:
(Name of Bidder)
By:
(Signature of Authorized Representative)
Name:
(Print or Type)
Title:
Date:
RFP – Tree Inventory Consultant – Borough of Middlesex
43
APPENDIX A
Middlesex County, Private Roads, State of New Jersey Roads
Roadways owned and maintained by Middlesex County, State of NJ, and all private roads within
residential developments (age restricted and non-age restricted) and planned commercial developments
within the Borough shall NOT be inventoried as part of this project (see list below).
Roadway(s) maintained by Middlesex County within the Borough
-
Lincoln Boulevard
-
Raritan Avenue
Roadway(s) within Private Developments within the Borough
-
Barclay Court
Roadway(s) maintained by the State of New Jersey within the Borough
-
Route 28
RFP – Tree Inventory Consultant – Borough of Middlesex
44
EXHIBIT A
EVALUATION SHEET
BOROUGH OF
MIDDLESEX
EVALUATORS NAME
Write NA if
category
COMPANY NAME
does not apply.
Understanding the Requested Work
10 Points
Category
0 Points
1 - 2 Points
3 - 4 Points
Points Given
Demonstrates clear
Does not demonstrate clear
Proposal points are
Proposal is clear, readable
understanding
understanding
adequately defined
and precise
0 Points
1 - 2 Points
3 Points
Completeness and
Does not address major
Proposal absent some non-
Proposal complete and
responsiveness to RFP
requirements
critical points
responsive
Compliance with
Does not comply
Complies substantially
Complies with all
instructions and requests
instructions and requests
Knowledge and Professional Compliance
25 Points
Category
0 - 2 Points
3 - 4 Points
5 - 6 Points
Points Given
Education and training of
Minimal training, no formal
Some prior experience, some
High level of education and
employees, suitability to
education, new performer
training and documented
training, well proven
perform the required tasks
performance
performance
0 Points
1 - 2 Points
3 - 7 Points
Does respondent have the
Not adequately documented
Proposal uses some current
Well documented use of the
character, integrity,
technology
latest technologies
reputation, judgment,
experience & efficiency
required by the Professional
0 Points
1 - 2 Points
3 - 4 Points
QA/QC Process
Not adequately documented
QA/QC documented, but
QA/QC documented with
with little oversight
significant oversight
0 Points
1 - 3 Points
4 - 8 Points
Primary Professional vs.
More than one Sub-
Only one Sub-Professional
Primary Professional will do
subcontracted resources
Professional
providing 50% of resources
entire project
depending on nature of sub
to be used
and percentage of project
Ability to Perform Services in a Timely Manner
15 Points
Category
0 Points
1 - 2 Points
3 - 4 Points
Points Given
Scheduling Timeline
Cannot meet schedule
Meets most of schedule
Meets entire schedule
0 - 1 Points
2 - 3 Points
4 - 6 Points
Personnel & Resources
May not be sufficient
Sufficient for project
Dedicated resources
0 - 2 Points
3 - 4 Points
5 Points
Primary Professional
Primary Professional has not
Primary Professional has
No Sub-Professional or a
relationship Sub-
worked with Sub-
limited experience with Sub-
proven record with Sub-
Professionals
Professional
Professional
Professional
RFP – Tree Inventory Consultant – Borough of Middlesex
45
Management, Experience and Personnel Qualifications
25 Points
Category
0 Points
1 - 2 Points
3 Points
Points Given
Project Management Plan
Not demonstrated as sound
Plan is average
Plan is sound and detailed
Project Management Team
Does not meet qualifications
Qualified but little
Well qualified and has
experience working together
collaborated on similar projects
0 Points
1 -2 Points
3 - 5 Points
Record of reliability and
Not documented
Some documentation
Track record of high quality
quality of service
0 - 1 Points
2 - 4 Points
5 - 7 Points
Scope of Work Experience
Few related projects
Some similar projects
Numerous similar projects
Experience in performing
Limited experience
Good experience
Exceptional experience
similar work by employees
Management, Experience and Personnel Qualifications
25 Points
Category
0 Points
2 Points
3 Points
Points Given
Explanation of costs
Costs not explained
Some correlation provided
Well documented
0 - 4 Points
5 - 10 Points
11 - 15 Points
Cost comparison
Highest third in salary
dollars
Middle third in salary dollars
Lowest third in salary dollars
0 - 1 Points
2 - 3 Points
4 - 6 Points
Other costs, copies, travel, etc
Travel and copy cost in
Copy cost equal to OPRA
costs
None
excess of OPRA
0 Points
1 - 2 Points
3 Points
Additional Services
No needed additional
Possible additional services
Needed additional services
services identified
identified, costs not included
identified and included
TOTAL POINTS AWARDED
--- Document: NOTICE TO BIDDERS - TREE REMOVAL, TREE TRIMMING, STUMP GRINDING ---
REV 03/2024
1
Borough of Middlesex
1200 Mountain Avenue
Middlesex, New Jersey 08846
NOTICE TO BIDDERS
BID #002-24
Sealed bids will be received by the Purchasing Agent for the Borough of Middlesex on May
15, 2024 at 11:00am prevailing time at the Borough of Middlesex, 1200 Mountain
Avenue, Middlesex, NJ 08846 at which time and place bids will be opened and read in
public for:
TREE REMOVAL, TREE TRIMMING, STUMP GRINDING
Bid responses must be made on the standard proposal forms, be enclosed in a sealed
package bearing the name and address of the bidder and the “BID TITLE NAME” on the
outside, addressed to Carmen Modica, Purchasing Agent, at the address above.
Any Bid Addenda will be issued on the Borough website and processed in accordance with
N.J.S.A. 40A:11-23(c)(1). All interested bidders should check the website from now
through bid opening. It is the sole responsibility of the respondent to be knowledgeable
of all addenda related to this procurement.
Specifications and instruction to bidders may be obtained in the Clerk’s Office or from the
Borough website at www.middlesexboro-nj.gov.
Bidders shall comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17-27 et seq.
Notwithstanding the General Instructions and other material herein to the contrary, all
Bidders are on notice that this process shall be governed by New Jersey Law, including
N.J.S.A. 40A:11-1, et seq.
Carmen Modica
Purchasing Agent
Date Advertised: April 30, 2024
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BOROUGH OF MIDDLESEX
GENERAL INSTRUCTIONS
1.
SUBMISSION OF BIDS
A. Sealed bids shall be received in accordance with public advertisement as required by law,
a copy of said notice being attached hereto and made a part of these specifications.
B. Each bid shall be submitted on the proposal form attached, in a sealed envelope
(1) Addressed to the Purchasing Agent, 1200 Mountain Avenue, Middlesex, NJ 08846
(2) Bearing the name and address of the bidder on the outside
(3) Clearly marked “BID” with the name of the item(s) being bid. Provide One (1)
Original & One (1) copy of the bid. Faxed or emailed bids will NOT be accepted.
C. It is the bidder’s responsibility to see that bids are presented to the Purchasing Agent on
the hour and at the place designated. Bids may be hand delivered or mailed; however,
the Borough disclaims any responsibility for bids forwarded by regular or express mail. If
the bid is sent by express mail, the designation in B. above must also appear on
the outside of the express company envelope. Bids received after the designated
time and date will be returned unopened.
D. The Borough reserves the right to postpone the date for presentation and opening of bids
and will give written notice of any such postponement to each perspective bidder as
required by law.
E. Sealed bids forwarded to the owner before the time of opening of bids may be withdrawn
upon written application of the bidder who shall be required to produce evidence showing
that the individual is or represents the principal or principals involved in the bid. Once
bids have been opened, they shall remain firm for a period of sixty (60) calendar days.
F. Each bid proposal form must give the full business address, business phone, fax, e-mail,
the contact person of the bidder, and be signed by an authorized representative as follow:
• Bids by partnerships 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.
• Bids 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
designation of the president, secretary or other person authorized to bind the
corporation in the matter.
• Bids by sole-proprietorship shall be signed by the proprietor.
• When requested, satisfactory evidence of the authority of the officer signing shall
be furnished.
G. Multiple Bids Not Accepted
More than one bid from an individual, a firm or partnership, a corporation or association
under the same or different names shall not be considered.
H. Official Request for Bid packages are available from the Borough’s website at
www.middlesexboro-nj.gov at no cost to the prospective bidders. All addenda are posted
on the Borough site and issued in accordance with N.J.S.A. 40A:11-23(c)(1). Potential
bidders are cautioned that they are bidding at their own risk if a third party supplied the
specifications that may or may not be complete. The Borough of Middlesex is not
responsible for third party supplied specifications.
I. Deadline to submit questions is Monday, May 6, 2024 by 2:00pm.
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3
2.
BID SECURITY
The following provisions, if indicated by an (x), shall be applicable to this bid and be
made a part of the bidding documents:
A.
BID GUARANTEE
Bidder shall submit with the bid a certified check, cashier’s check or bid bond in the
amount of ten percent (10%) of the total price bid, but not in excess of $20,000, payable
unconditionally to the Borough of Middlesex.
When submitting a Bid Bond, it shall contain Power of Attorney for full amount of Bid
Bond from a surety company authorized to do business in the State of New Jersey and
acceptable to the Borough of Middlesex.
The check or bond of the unsuccessful bidder(s) shall be returned as prescribed by law.
The check or bond of the bidder to whom the contract is awarded shall be retained until a
contract is executed and the required performance bond or other security is submitted.
The check or bond of the successful bidder shall be forfeited if bidder fails to enter into
contract pursuant to statute. Failure to submit required guarantee shall be cause for
rejection of the bid.
B.
CONSENT OF SURETY
Bidder shall submit with the bid a Certificate (Consent of Surety) with Power of Attorney
for full amount of bid price from a Surety Company authorized to do business in the State
of New Jersey and acceptable to the Borough of Middlesex stating that it will provide said
bidder to whom the contract is awarded will furnish Performance and Payment Bonds from
an acceptable surety company on behalf of said bidder, in performance security equal to
the total amount of the contract, pursuant to statute.
Failure to submit this shall be cause for rejection of the bid.
C.
PERFORMANCE BOND
Successful bidder shall simultaneously with the delivery of the executed contract, submit
an executed bond in the amount of one hundred percent (100%) of the acceptable bid as
security for the faithful performance of this contract.
The performance bond provided shall not be released until final acceptance of the whole
work and then only if any liens or claims have been satisfied. The surety on such bond or
bonds shall be a duly authorized surety company authorized to do business in the State of
New Jersey pursuant to N.J.S.A. 17:31-5. For multi-year contracts, the Performance
Bond may be resubmitted each year on the Contract Anniversary Date for the amount
remaining on the contract.
Failure to submit this with the executed contract shall be cause for declaring contract null
and void pursuant to N.J.S.A. 40A:11-22.
D.
LABOR AND MATERIAL (PAYMENT) BOND
The successful bidder shall with the delivery for the performance bond submit an
executed payment bond to guarantee payment to laborers and suppliers for the labor and
material used in the work performed under the contract.
Failure to submit a labor and material bond with the performance bond shall be cause for
declaring the contract null and void.
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E.
MAINTENANCE BOND
Upon acceptance of the work by the Borough of Middlesex, the contractor shall submit a
maintenance bond (N.J.S.A. 40A:1-16.3) in an amount not to exceed 100% of the project
costs guaranteeing against defective quality of work or materials for the period of:
1 Year
2 Years
3.
PREPARATION OF BIDS (PRICING INFORMATION AND FORMS)
A. (1) The Borough of Middlesex is exempt from any local, state or federal sales, use or
excise tax. The Borough will not pay for New Jersey State Sales and Use Tax that are
included in any invoices. The Borough will not pay service charges such as interest
and late fees.
(2) The Borough of Middlesex or any of its offices and divisions will not complete credit
applications as a result of contract(s) resulting from award based on these
specifications.
B. Bids shall be signed in ink (Original Signature Required) by the bidder, all quotations
shall be made with a typewriter/computer or pen and ink. Any quotation showing any
erasure alteration must be initialed by the bidder in ink. Unit prices and totals are to be
inserted in spaces provided.
C. Failure to sign and give all information in the bid may result in the bid being rejected.
D. Estimated Quantities (Open-Ended Contracts, Purchase as Needed) The Borough of
Middlesex has attempted to identify the item(s) and the estimated amounts of each item
bid to cover its requirements; however, past experience shows that the amount ordered
may be different than that submitted for bidding. The right is reserved to decrease or
increase the quantities specified in the specifications pursuant to N.J.A.C. 5:30-11.2 and
11.10. NO MINIMUM PURCHASE IS IMPLIED OR GUARANTEED.
E. Bidders shall insert prices for furnishing goods and services required by these
specifications. Prices shall be net including any charges for packing, crating, containers
etc. All transportation charges shall be fully prepaid by the contractor, F.O.B. destination
and placement at locations specified by the Borough. No additional charges will be
allowed for any transportation costs resulting from partial shipments made at vendor’s
convenience when a single shipment is ordered.
F. Any bidder may withdraw his bid at any time before the time set for receipt of bids. No
bid may be withdrawn in the 60-day period after the bids are received.
G. All forms shall be completed and attached to the bid proposal. BIDDER IS ALERTED TO
THE BID DOCUMENT CHECKLIST PAGE.
H. Results of all bids are posted on the Borough website www.middlesexboro-nj.gov
4.
FIRM FIXED CONTRACT
This is a firm fixed contract, prices firm, FOB Borough of Middlesex locations. No price
escalation. The vendor shall void the contract and permit the Borough to solicit open market
pricing should any price increase or surcharge be imposed.
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5.
INTERPRETATIONS AND ADDENDA
A. The bidder understands and agrees that its bid is submitted on the basis of the
specifications prepared by the Borough. The bidder accepts the obligation to become
familiar with these specifications.
B. Bidders are expected to examine the specifications and related documents with care and
observe all their requirements. Ambiguities, errors, or omissions noted by bidders should
be promptly reported in writing to the Purchasing Agent. In the event the bidder fails to
notify the Borough of such ambiguities, errors or omissions, the bidder shall be bound by
the bid.
C. No oral interpretation of the meaning of the specifications will be made to any bidder.
Every request for an interpretation shall be in writing, addressed to the Purchasing Agent,
referencing the Contract Name and Contract Number in the subject line, at
cmodica@middlesexboro-nj.gov. In order to be given consideration, written requests for
interpretation and or clarification must be received at last three (3) business days prior to
the date fixed for the opening of the bids.
D. 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 bidders. All
addenda so issued shall become part of the specification and bid documents and shall be
acknowledged by the bidder by completing the Acknowledgement of Receipt of Addenda
form. The Borough’s interpretations or corrections thereof shall be final.
Pursuant to N.J.S.A. 40A:11-23(c)(1) when issuing addenda, the owner shall provide
required notice prior to official receipt of bids to any person who has submitted a bid or
who has received a bid package. They will be sent via electronic transmissions to those
known recipients of the bid specifications.
E. Discrepancies in Bids
1. If the amount shown in words and its equivalent 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 price shall prevail. IN the event there is an error of the summation of
the extended totals, the computation by the Borough of the extended totals shall
govern.
6.
BRAND NAMES, STANDARDS OF QUALITY AND PERFORMANCE
A. Brand names and or descriptions used in this bid are to acquaint bidders with the type of
commodity desired and will be used as a standard by which alternate or competitive
materials offered will be judged. Competitive items must be equal to the standard
described and be of the same quality of work.
B. Variations between the goods and services described and the goods and services offered
are to be fully identified and explained by the bidder on a separate sheet and submitted
with the bid proposal form. Vendor’s literature will not suffice in explaining exceptions to
these specifications. In the absence of any exceptions by the bidder, it will be presumed
and required that materials as described in the proposal be delivered.
C. It is the responsibility of the bidder to demonstrate the equivalency of goods and services
offered. The Borough reserves the right to evaluate equivalency of a product which, in its
deliberations, meets its requirements.
REV 03/2024
6
D. In submitting its bid, the bidder certifies that the goods or services to be furnished will
not infringe upon any valid patent or trademark and that the successful bidder shall, at its
own expense, defend any and all actions or suits charging such infringement, and will
save the Borough of Middlesex harmless from any damages resulting from such
infringement.
E. Only manufactured and farm products of the United States, wherever available, shall be
used pursuant to N.J.S.A. 40A:11-18.
F. Wherever practical and economical to the Borough, it is desired that recycled or recyclable
products be provided. Please indicate when recycled products are being offered.
G. The contractor shall guarantee any or all goods and services supplied under these
specifications. Defective or inferior goods shall be replaced at the expense of the
contractor. The contractor will be responsible for return freight or restocking charges.
7.
METHOD OF CONTRACT AWARD
A. The Borough reserves the right to accept or reject any or all bids, to waive identified
irregularities and technicalities, and to award in whole or in part to the lowest responsible
bidder, if it is in the best interest of the Borough to do so. Without limiting the generality
of the foregoing, any bid which is incomplete, obscure, or irregular may be rejected, any
bid having erasures or corrections in the price sheet may be rejected, any bid in which
unit prices are omitted, or in which unit/total prices are unbalanced, may be rejected, any
bid accompanied by any insufficient or irregular certified check, cashier’s check or bid
bond may be rejected.
B. The Borough of Middlesex further reserves the right to award each item separately to the
lowest responsible bidder meeting specifications or to make an award based on the total
bid to the bidder whose total sum is the low bid meeting the specifications, whichever in
the awarding authorities’ opinion is in the best interest of the Borough. Without limiting
the generality of the foregoing, the Borough reserves the right to award a contract based
on either option that may be described in the bid proposal or based on any combination
thereof.
C. The Borough may also elect to award the contract on the basis of unit prices.
D. The Borough reserves the right to award equal or tie bids at their discretion to any one of
the tie bidders.
E. Should the bidder, to whom the contract is awarded, fail to enter into a contract, the
Borough may then, at its option, accept the bid of the next lowest responsible bidder.
F. The effective period of this contract will be two years unless otherwise noted in the
specifications. Continuation of the terms of this 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 Borough reserves the right to cancel this contract.
G. The form of contract shall be submitted by the Borough to the successful bidder. Terms
of the specifications/bid package prevail. Bidder exceptions must be formally accepted by
the Borough; material exceptions shall not be approved.
H. Government entities are not private business/consumer clients; therefore, separate
company agreements are not honored. Terms of the specifications/bid package prevail
unless otherwise noted by the vendor as exceptions.
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8.
CAUSES FOR REJECTING BIDS
Bids may be rejected for any of the following reasons:
A. All bids pursuant to N.J.S.A. 40A:11-13.2;
B. If more than one bid is received from an individual, firm or partnership, corporation, or
association under the same name;
C. Multiple bids from an agent representing competing bidders;
D. The bid is inappropriately unbalanced;
F. If the successful bidder 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 Borough may accept the bid of the next lowest responsible bidder. (N.J.S.A.
40A:11-24b); or
G. The successful bidder is not deemed “Responsive” or “Responsible”. (N.J.S.A. 40A:11-2).
9.
NEW JERSEY PREVAILING AGE ACT (When Applicable) N.J.S.A. 34:11-56.25 et seq.
Pursuant to N.J.S.A. 34:11-56.25 et seq., contractors on projects for public work shall adhere
to all requirements of the New Jersey Prevailing Wage Act. The contractor shall be required
to submit a certified payroll record to the owner within ten (10) days of the payment of
wages. The contractor is also responsible for obtaining and submitting all subcontractors’
certified payroll records within the aforementioned time period. The contractor shall submit
said certified payrolls in the form set forth in N.J.A.C. 12:60-6.1(c). It is the contractor’s
responsibility to obtain any additional copies of the certified payroll form to be submitted by
contacting the New Jersey Department of Labor and Workforce Development, Division of
Workplace Standards. Additional information is available at
http://lwd.dol.state.nj.us/labor/wagehour/wagerate/wage_rates.html.
10.
THE PUBLIC WORKS CONTRACTOR REGISTRATION ACT–N.J.S.A. 34:11-56.48 et seq.
N.J.S.A. 34:11-56.48 et seq. requires that a general or prime contractor and any listed
subcontractors named in the contractor’s bid proposal shall possess a certificate at the time
the bid proposal is submitted. After bid proposals are received and prior to award of
contract, the successful contractor shall submit a copy of the contractor’s certification along
with those of all listed subcontractors. All non-listed subcontractors and lower tier sub-
subcontractors shall be registered prior to starting work on the project. It is the general
contractor’s responsibility that all non-listed sub-contractors at any tier have their certificate
prior to starting work on the job.
Under the law a “contractor” is “a person, partnership, association, joint stock company,
trust, corporation or other legal business entity or successor thereof who enters into a
contract” which is subject to the provisions of the New Jersey Prevailing Wage Act (N.J.S.A.
34: 11-56.25, et seq.) It applies to contractors based in New Jersey or in another state.
The law defines “public works projects” as contracts for “public work” as defined in the
Prevailing Wage statue (N.J.S.A. 34:11-56.25(5)). The term means:
•
“Construction, reconstruction, demolition, alteration, or repair work, or maintenance
work, including painting and decorating, done under contract and paid for in whole or
in part out of the funds of a public body, except work performed under a rehabilitation
program.
•
“Public work” shall also mean construction, reconstruction, demolition, alteration, or
repair work, done on any property or premises, whether or not the work is paid for
from public funds…”
REV 03/2024
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•
“Maintenance work” means the repair of existing facilities when the size, type or
extent of such facilities is not thereby changed or increased. White “maintenance”
includes painting and decorating and is covered under the law, it does not include
work such as routine landscape maintenance or janitorial services.
To register, a contractor must provide the State Department of Labor and Workforce
Development with a full and accurately completed application form. The form is available
online at http://lwd.dol.state.nj.us/labor/wagehour/regperm/pw_cont_reg.html.
N.J.S.A. 34:11-56.55 specifically prohibits accepting applications for registration as a
substitute for a certificate or registration.
11.
NON-COLLUSION AFFIDAVIT – N.J.S.A. 52:34-15
The Non-Collusion Affidavit, which is part of these specifications, shall be properly executed
and submitted intact with the proposal.
12.
NEW JERSEY ANTI-DISCRIMINATION – N.J.S.A. 10:2-1
There shall be no discrimination against any employee engaged in the work required to
produce the goods and services covered by any contract resulting from this bid, or against
any applicant to such employment because of race, religion, sex, national origin, creed, color,
ancestry, age, marital status, affectional or sexual orientation, familial status, liability for
service in the Armed Forces of the United States, or nationality. This provision shall include,
but not be limited to the following: employment upgrading, demotion, transfer, recruitment
or recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. The contractor shall insert
a similar provision in all subcontracts for services to be covered by any contract resulting
from this bid.
13.
MANDATORY EEO/AFFIRMATIVE ACTION EVIDENCE – N.J.S.A. 10:5-31 et seq. and
N.J.A.C. 17-27 et seq.
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. as administered by the Division of
Purchase & Property Contract Compliance and Audit Unit (Division) and provided below. The
contract will include the language included as attachment A in this specification.
1. Goods, Professional Services and Service 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 Letter of Federal Approval indicating that the vendor is under an existing federally
approved or sanctioned affirmative action program. A copy of the letter must be
provided by the vendor to the Public Agency and Division. This approval letter is valid
for one year from the date of issuance.
ii. A Certificate of Employee Information Report (hereafter “Certificate”), issued in
accordance with N.J.A.C. 17:27 et seq. The vendor must provide a copy of the
Certificate to the Public Agency as evidence of its compliance with the regulations.
The Certificate represents the review and approval of the vendor’s Employee
Information Report, Form AA-302 by the Division.
iii. The successful bidder shall complete an Initial Employee Report, Form AA-302 and
submit it to the Division with a check or money order for $150.00 made payable to
“Treasurer, State of New Jersey" www.state.nj.us/treasury/contract_compliance
2. Construction Contracts
All successful contractors shall complete and submit an Initial Project Manning Report
(AA201-available
on-line
at
www.state.nj.us/treasury/contract_compliance
upon
notification of award. Proper completion and submission of this Report shall constitute
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evidence of the contractor’s compliance with the regulations. Failure to submit this form
may result in the contract being terminated. The contractor also agrees to submit a copy
of the Monthly Project Workforce Report, Form AA-202 once a month thereafter for the
duration of the contract to the Department of LWD and to the Public Agency.
14.
AMERICANS WITH DISABILITIES ACT OF 1990 – 42 U.S.C. S121 01 et seq.
Discrimination on the basis of disability in contracting for the purchase of goods and services
is prohibited. Bidders are required to read Americans with Disabilities language that is
included in 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
Borough harmless.
15.
WORKER AND COMMUNITY RIGHT TO KNOW ACT – N.J.S.A. 34:5A-1 et seq.
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-1 et
seq., and N.J.A.C. 5:89-5 et seq.).
All direct use containers shall bear a label indicating the chemical name(s) and Chemical
Abstracts Service number(s) of all hazardous substances in the container, and all other
substances which are among the five most predominant substances in the container, or their
trade secret registry number(s). (N.J.A.C. 8:59-5) or adhere to the requirements of The
Globally Harmonized System of Classification and Labeling of Chemicals (GHS) and the U.S.
Occupational Safety and Health Administration (OSHA) Hazard Communication Standard
(HCS) as outlined in the Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules
and Regulations as adopted in the final rule by DEPARTMENT OF LABOR, Occupational Safety
and Health Administration, 29 CFR Parts 1910, 1915, and 1926, {Docket No. OSHA-H022K-
2006-0062, (formerly Docket No. H022K), RIN 1218-AC20, Hazard Communication. Further,
all applicable documentation must be furnished.
16.
STATEMENT OF CORPORATE OWNERSHIP – N.J.S.A. 52:25-24.2 (P.L. 1977 c.33)
In accordance with N.J.S.A. 52:25-24.2, no corporation, partnership, limited partnership,
limited liability corporation, limited liability partnership, Subchapter S corporation or sole
proprietorship, shall be awarded a contract, unless prior to the receipt of the bid or
accompanying the bid of the corporation, partnership, limited partnership, there is submitted
to the Borough a statement setting forth the names and addresses of all stockholders who
own 10% or more of the stock, of any class or of all individual partners who own a 10% or
greater interest in the corporation, partnership. Limited partnership, limited liability
corporation, limited liability partnership, Subchapter S corporation or sole proprietorship. If
one or more such stockholder or partner is itself a corporation or partnership, the
stockholders holding 10% or more of that corporation’s stock, or the individual partners
owning 10% or greater interest in that partnership, as the case may be, shall also be listed.
The disclosure shall be continued until names and addresses of every non-corporate
stockholder and individual partner, exceeding the 10% ownership criteria established in this
act has been listed. This form shall be signed and submitted with the bid/proposal whether
or not a stockholder or partner owns less than 10% of the business submitting the bid.
Failure to comply requires mandatory rejection of the bid/proposal.
17.
INSURANCE AND INDEMNIFICATION
If it becomes necessary for the contractor, either as principal or by agent or employee, to
enter upon the premises or property of the owner in order to construct, erect, inspect, make
delivery or remove property hereunder, the contractor hereby covenants and agrees to take
use, provide and make all proper, necessary and sufficient precautions, safeguards, and
protection against the occurrence of happenings of any accident, injuries, damages, or hurt to
person or property during the course of the work herein covered and be his/her sole
responsibility.
The contractor further covenants and agrees to indemnify and save harmless the owner from
the payment of all sums of money or any other consideration(s) by reason of any, or all, such
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accidents, injuries, damages, or hurt that may happen or occur upon or about such work and
all fines, penalties and loss occurred for or by reason of the violation of any owner regulation,
ordinance or the laws of the State, or the United States while said work is in progress.
The contractor shall maintain sufficient insurance to protect against all claims under Workers
Compensation, General Liability and Automobile and shall be subject to approval for
adequacy of protection and certificates of such insurance shall be provided with the owner
named as additional insured.
A. Insurance Requirements
Worker’s Compensation and Employer’s Liability Insurance
This insurance shall be maintained in full force during the life of this contract by the bidder
covering all employees engaged in performance of this contract pursuant to N.J.S.A. 34:15-
12(a) and N.J.A.C. 12:35-1.6. Minimum Employer’s Liability $1,000,000.00.
General Liability Insurance
This insurance shall have limits of not less than $3,000,000.00 any one person and
$3,000,000.00 any one accident for bodily injury and $3,000,000.00 aggregate for property
damage and shall be maintained in force during the life of the contract.
Automobile Liability Insurance
This insurance covering bidder for claims arising from owned, hired and non-owned vehicles
with limits of not less than $3,000,000.00 any one person and $3,000,000.00 any one
accident for bodily injury and $3,000,000.00 each accident for property damage, shall be
maintained in force during the life of this contract by the bidder.
B. Certificates of the Required Insurance
Certificates as listed above shall be submitted along with the contract as evidence covering
Comprehensive General Liability, Comprehensive Automobile Liability, and where applicable,
necessary Worker’s Compensation and Employer’s Liability Insurance. Such coverage shall
be with acceptable insurance companies operating on an admitted basis in the State of New
Jersey and shall name the OWNER as an additional insured.
Self-insured contractors shall submit an affidavit attesting to their self-insured coverage and
shall name the OWNER as an additional insured.
C. Indemnification
The Contractor agrees to indemnify and save harmless the Borough of Middlesex, its officers,
agents and employees, from all claims, suits or actions, and damages or costs of every name
and description to which the owner may be subjected or put by reason of injury to the person
or property of another, or the property of the owner, resulting from:
a) negligent acts or missions on the part of the contractor, the contractor’s agents,
servants, or subcontractors in the delivery of goods and services, or in the performance
of the work under the contract; and,
b) the use of any copyrighted or copyrighted composition, valid trademark, secret process,
patented or unpatented invention or article furnished or used in the performance of this
contract.
The Borough of Middlesex will not accept Mutual Limitation of Liability terms.
18.
PAYMENT
Payment will be made after a properly executed Borough voucher has been received and
formally approved on the voucher list by the Governing Body at its subsequent regular
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meeting. The voucher will be certified correct by the department/division head who received
the goods or services.
19.
TERMINATION
A. If, through any cause, the contractor shall fail to fulfill in a timely manner obligations
under the contract or if the contractor shall violate any of the requirements of the
contract, the Borough 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 Borough of any obligation for balances to
the contractor of any sum or sums set forth in the contract. The Borough will pay for
goods and services accepted prior to termination.
B. Notwithstanding the above, the contractor shall not be relieved of liability to the Borough
for damages sustained by the Borough by virtue of any breach of the contract by the
contractor and the Borough may withhold any payments to the contractor for the purpose
of compensation until such time as the exact amount of the damage due the Borough
from the contractor is determined.
C. The contractor agrees to indemnify and hold the Borough 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 Borough under this provision.
D. In case of default by the contractor, the Borough may procure the goods and 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 Borough reserves the right to cancel the contract.
F. It is understood by all parties that if, during the life of the contract, the contractor
disposes of his/her business concern by acquisition, novation, merger, sale and/or
transfer or by any means convey his/her interest(s) to another party, all obligations are
transferred to the new party. In this event, the new owner(s) will be required to submit
all documentation/legal instruments that were required in the original bid/contract. Any
changes shall be approved by the Borough.
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 Borough.
H. The Borough may terminate the contract for convenience by providing sixty (60) calendar
days advanced notice to the contractor.
I. The contractor shall maintain all documentation related to products, transactions, or
services under this contract for a period of five years from the date of final payment.
Such records shall be available to the New Jersey Office of the State Comptroller upon
request.
J. For contracts that exceed one year, each fiscal year payment obligation of the Borough is
conditioned upon the availability of Borough funds appropriated or allocated for the
payment of such an obligation. If funds are not allocated and available for the
continuance of any services performed by the bidder awarded the contract (contractor)
hereunder, whether in whole or in part, the Borough at the end of any particular fiscal
year may terminate such services. The Borough will notify the contractor in writing
immediately of any services that will be affected by a shortage of appropriated funds.
This provision shall not be construed so as to permit the Borough to terminate the
contract during the term, or any service hereunder, merely in order to acquire identical
services from another contractor.
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K. Neither party shall be responsible for any resulting loss or obligation to fulfill duties as
specified in any of the terms or provisions of a contract if the fulfillment of any term or
provision of the contract is delayed or prevented by any revolutions, insurrections, riots,
wars, acts of enemies, national emergencies, strikes, floods, fires, acts of God, or by any
cause not within the control of the party whose performance is interfered with which by
the exercise of reasonable diligence such party is unable to prevent. Additionally, if the
fulfillment of any of the terms and provisions of the contract is delayed or prevented by
any court order, or action or injunction or other such agreement, the contract shall
become voidable by the Borough by notice to the parties.
20.
ACQUISITION, MERGE, 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 owners(s) will be required to submit, when required, a performance
bond in the amount of the open balance of the contract.
21.
ADDITIONS/DELETIONS OF SERVICE
The Borough reserves the right to add and/or delete services to this contract. Should a
service requirement be deleted, payment to the Contractor will be reduced proportionally to
the amount of service deleted in accordance with the bid price. Should additional services be
required, payment to the Contractor will be increased proportionally to the amount of service
added in accordance with the bid price.
22.
Vendor’s literature and/or pricing sheets will not be accepted in lieu of completing the
proposal blank(s) set forth in these specifications.
23.
Bidders shall not write in margins or alter the official content or requirements of the Borough
bid documents.
24.
SPECIFICATIONS
Any prospective bidder who wishes to challenge a bid specification shall file such challenges
in writing with the contracting agent no less than three business days prior to the opening of
the bids. Challenges filed after that time shall be considered void and having no impact on
the contracting unit or the award of contract.
25.
OWNERSHIP OF MATERIAL
The owner shall retain all of its rights and interest in any and all documents and property
both hard copy and digital furnished by the owner to the contractor for the purpose of
assisting the contractor in the performance of this contract. All such items shall be returned
immediately to the owner at the expiration or termination of the contract or completion of
any related services, pursuant thereto, whichever comes first. None of the documents and/or
property shall, without the written consent of the owner, be disclosed to others or used by
the contractor or permitted by the contractor to be used by their parties at any time except in
the performance of the resulting contract.
Ownership of all data, materials and documentation originated and prepared for the owner
pursuant to this contract shall belong exclusively to the owner. All data, reports,
computerized information, programs, and materials related to this project shall be delivered
to and become the property of the owner upon completion of the project. The contractor
shall not have the right to use, sell, or disclose the total of the interim or final work products,
or make available to third parties, without the prior written consent of the owner. All
information supplied to the owner may be required to be supplied on CD-ROM media
compatible with the owner’s computer operating system, windows based, Microsoft Office
Suite 2010.
26.
TRUTH IN CONTRACTING LAW
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➢ N.J.S.A. 2C:21-34, et seq. governs false claims and representation. It is a serious crime
for the bidder 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 bidder commits a crime if said person, directly or
indirectly, confers or agrees to confer any benefit not allowed by law to a public servant.
➢ Bidder should consult the statutes or legal counsel for further information.
27.
PROOF OF N.J. BUSINESS REGISTRATION CERTIFICATE N.J.S.A. 52:32-44
Each bidder (contractor) is required to submit proof of business registration prior to award of
the contract. Proof of registration shall be a copy of the bidder’s Business Registration
Certificate (BRC).
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 obtain and provide the owner the BRC of subcontractors knowingly
used on this contract.
2. The contractor shall maintain and submit to the contracting agency a list of
subcontractors and their addresses that may be updated from time to time during the
course of the contract performance. A complete and accurate list shall be submitted
before final payment is made for goods and services rendered under the contract.
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 taxable sales of tangible personal
property delivered into the State.
Failure to submit the BRC with the bid is NOT a cause for rejection. However, the Borough
prefers the BRC be submitted with the bid response. If it is not provided prior to execution of
a contract the bidder’s bid guarantee shall be forfeited and the contract shall be awarded to
the next lowest responsible bidder.
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 $25.00 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.
A BRC is obtained from the New Jersey Division of Revenue and Enterprise Services.
Information
on
obtaining
a
BRC
is
available
on
the
internet
at
www.nj.gov/treasury/revenue/busregcert.shtml or by phone at (609) 292-2929.
28.
PAY TO PLAY – NOTICE OF DISCLOSURE REQUIREMENT
Business entities are advised of their responsibility to file an annual disclosure statement of
political contributions with the New Jersey Election Law Enforcement Commission (ELEC)
pursuant to N.J.S.A. 19:44A-20.27 if they receive contracts in excess of $50,000 from public
entities in a calendar year. Business entities are responsible for determining if filing is
necessary. Additional information on this requirement is available from ELEC at 888-313-
3532 or at www.elec.state.nj.us.
29.
NON-PAYMENT OF PENALTIES AND INTEREST ON OVERDUE BILLS
Public funds may be used to pay only for goods delivered or services rendered. The Borough
will not pay penalties and/or interest on overdue bills. No employee is authorized to sign a
letter of credit or any other document that represents a legal commitment on the part of the
Borough to pay additional fees.
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30.
W-9
Successful bidder/respondent shall complete W-9 Form and submit to Purchasing prior to
contract award. The form is available at the following link: www.irs.gov/pub/irs-pdf/fw9.pdf
31.
Health Insurance Portability and Accountability Act of 1996-HIPAA (If Applicable)
Both parties agree to comply with all requirements of the Federal Health Insurance Portability
and Accountability Act of 1996 (“HIPAA”) as maybe amended from time to time, and the
corresponding HIPAA regulations for the confidentiality and security of medical information.
The Contractor shall:
• Not use or disclose protected health information other than as permitted or required by law
• Use appropriate safeguards to protect the confidentiality of the information
• Report any use or disclosure not permitted
The contractor, by execution of the contract, shall thereby indemnify and hold the Borough
harmless from any and all liabilities, claims, actions, costs, and penalties which may be
incurred as the result of the failure of the contractor to comply with the requirements of the
Health Insurance Portability and Accountability Act (HIPAA) or any other statute or case law
protecting the privacy of persons using its services.
32.
PUBLIC EMERGENCY
In the event of a Public Emergency declared at the Local, State or Federal Level, if the
Borough opts to extend terms and conditions of this bid, the contractor agrees to extend the
terms and conditions of this bid, whether existing, expiring or expired no longer than six
months, for goods and/or services for the duration of the emergency. In the event the
original contractor cannot meet this requirement, the Borough may solicit the goods and/or
services from any bidder on this contract.
33.
The owner and the Contractor each bind themselves and their successors, executors,
administrators, heirs and assigns and legal representatives of the other party respecting all
covenants and agreements and obligations of this contract.
34.
The terms of this Agreement shall be construed and interpreted, and all respective rights and
duties of the parties shall be governed by the laws of the State of New Jersey.
35.
CERTIFICATION OF PROHIBITED ACTIVITIES IN RUSSIA AND BELAURUS &
INVESTMENT ACTIVITIES IN IRAN PURSUANT TO P.L.2022,c.3
N.J.S.A. 52:32-55 et seq.; P.L. 2022, c. 3 prohibits the award, renewal, amendment, or
extension of State and local public contracts for goods or services with persons or entities
engaging in prohibited activities in Russia or Belarus. P.L. 2012, c.25 prohibits the award or
renewal of State and local public contracts for goods and services with persons or entities
engaged in certain investment activities in the energy or finance sectors of Iran. Before a
goods and services contract can be entered into, vendors and contractors must certify that
neither they nor any parent entity, subsidiary, or affiliate is listed on the New Jersey
Department of the Treasury’s list of entities determined to be engaged in prohibited activities
in Russia or Belarus pursuant to P.L. 2022, c. 3 (“Russia-Belarus list”) or in Iran pursuant to
P.L. 2012, c. 25 ("Chapter 25 list").
36.
TREE EXPERTS AND TREE CARE OPERATOR ACT – N.J.S.A. 45:15C-1
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SPECIFICATIONS
TREE REMOVAL, TRIMMING AND STUMP GRINDING
1.0
GENERAL DESCRIPTION
The purpose of this request for proposal is to establish term contracts for the prompt removal
and/or trimming of trees in the Borough of Middlesex.
EXCEPTION:______________________________ YES_____ NO_____
2.0
PERIOD OF CONTRACT
2.1
This is a two-year contract.
EXCEPTION:______________________________ YES_____ NO_____
3.0
GENERAL SPECIFICATIONS
3.1
Trimming of trees shall consist of the following classes of pruning as developed by
the National Arborist Association and described as “pruning standards for shade
trees”.
Class II – Standard pruning shall consist of the removal of dead, dying, diseased,
decaying, interfering, objectionable, obstructing, and weak branches, as well as
selective thinning to lessen wind resistance. The removal of such described branches
is to include those on the main trunk, as well as those inside the leaf area.
Class III – Hazard pruning shall consist of removal of dead, diseased, decayed, and
obviously weak branches.
Class IV – Crown reduction pruning shall consist of the reduction of tops, sides, and
individual limbs. It involves the removal of a parent limb or dominant leader at the
point of attachment of a lateral branch.
With all classes of pruning all cuts shall be made as close to the trunk or parent limb,
without cutting into the branch collar or leaving a protruding stub.
3.2
The complete removal of trees shall include the flush cutting of stumps to the
ground.
3.3
All the above work shall include the pick-up and disposal of all the wood and wood
debris at the conclusion of each workday.
EXCEPTION:______________________________ YES_____ NO_____
4.0
TRAFFIC CONTROL
4.1
The maintenance and protection of traffic with minimum interference is of prime
importance. When vehicular or pedestrian traffic, or both, are to be maintained
within the scope of this contract, the contractor shall plan and carry out his work to
provide for the safe and convenient passage of such traffic.
4.2
Traffic control devices need not be new but shall be in good working condition.
Traffic control devices shall conform to the “Manual on Uniform Traffic Control
Devices”.
4.3
Prior to beginning work in the area, the contractor shall set up the traffic control
devices.
4.4
The contractor shall provide one individual per work crew as traffic observer
(flagman). The individual shall remain on duty during the entire time the safety
setup is in place and shall be no less than fifty (50) feet from the work are and shall
be equipped with a bright red 24” x 24” square flag attached to a thirty-six (36”)
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inch long staff. The traffic observer shall face oncoming traffic holding the flag in a
stationary position visible to oncoming traffic.
4.5
In addition, when the contractor is performing, working, and occupying the shoulder
area with his equipment, cones made of either plastic or rubber material, having a
minimum overall height of 28”, predominantly orange in color, shall be used
throughout the work area adjacent to the traffic. The cones shall be spaced 40 feet
apart with a 100-foot taper at each end of the work area when the traffic speeds
exceed 40 mph.
4.6
When traffic speed is 40 mph or below, cones shall be placed in the same pattern
with a distance between them of 25 feet.
4.7
All traffic control devices used shall be kept clean and in repair so that they furnish
the fullest effect possible. No separate payment will be made for traffic control
devices.
4.8
Contractor must comply with all current local, state, and county regulations.
EXCEPTION:______________________________ YES_____ NO_____
5.0
EQUIPMENT AND CREW
5.1
A crew shall include both laborers and equipment. As a minimum, the following
number of laborers will be required to report with the said equipment in good
working condition to the designated work site with each assignment.
5.2
For Tree Trimming – One (1) foreman-crew leader, one (1) ground man, one (1)
traffic observer, one (1) tree truck with aerial lift bucket having a minimum reach of
not less than 80’, dump truck and power tools, brush chipper, two (2) power saws
with a minimum 20 inch cutting bar, and any other incidental tools required to
complete this type work including warning signs and safety devices as may be
required and necessary. All crew members shall wear an orange safety vet.
5.3
For Tree Removal – One (1) foreman-crew leader, one (1) ground man, one (1)
traffic observer, one (1) tree truck with aerial lift bucket having a minimum reach of
not less than 80’, dump truck and power tools, brush chipper, two (2) power saws
with a minimum 20 inch cutting bar, and any other incidental tools required to
complete this type work including warning signs and safety devices as may be
required and necessary. All crew members shall wear an orange safety vest.
5.4
For Stump Removal Only – One (1) foreman-crew leader, one (1) ground man, one
(1) traffic observer, one (1) stump removal machine, and any other incidental tools
required to complete this work, including warning signs and safety devise as may be
required and necessary. All crew members shall wear an orange safety vest.
EXCEPTION:______________________________ YES_____ NO_____
6.0
WORKING HOURS
6.1
Working hours shall be determined by the Public Works Supervisor.
6.2
The contractor shall report to the job site at the requested time, fully ready to begin
the required work. Normal working hours range from 7:00am to 5:00pm, working 8
hours with a one-half (1/2) hour lunch break, Monday through Friday.
EXCEPTION:______________________________ YES_____ NO_____
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BOROUGH OF MIDDLESEX
EXCEPTIONS
For each exception, the bidder must identify the specific section of specifications by providing the number and
title the exception applies to. It is the responsibility of the bidder to document the equivalence claim in
writing. Submitting product brochures is not an acceptable claim of equivalence.
(IF NONE SO STATE)
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USE ADDITIONAL SHEET IF NECESSARY
BOROUGH OF MIDDLESEX
BID DOCUMENT CHECKLIST
Required
With
Bid
Read, Signed
& Submitted
Bidder’s Initial
A.
FAILURE TO SUBMIT ANY OF THESE ITEMS IS MANDATORY CAUSE FOR
REJECTION OF BID
Stockholder Disclosure Certification
Acknowledgement of Receipt of Addenda (complete whether or not Addenda is issued)
Required Evidence EEO/Affirmative Action Regulations Questionnaire
Non-Collusion Affidavit
Bid Guarantee (bid bond or certified/cashier’s check)
(with Power of Attorney for full amount of Bid Bond)
Consent of Surety (Certificate from Surety company)
Surety Disclosure Statement and Certification
Performance Bond
Labor and Material (Payment) Bond
Maintenance Bond
B.
MANDATORY ITEM(S), REQUIRED NO LATER THAN TIME PERIOD INDICATED
Business Registration Certificate – Bidder – Prefer with Bid Response. Required by Law
prior to award of contract
Business Registration Certificate – Designated Subcontractor(s) – Prefer with Bid Response.
Required by Law prior to award of contract
Public Works Contractor Registration Certificate(s) for the Bidder and Designated
Subcontractors (Prior to Award, but effective at time of bid)
Certification of prohibited activities in Russia and Belarus & investment activities in Iran
pursuant to P.L.2022, c.3– Prefer with bid response – Required prior to award of contract
License(s) or Certification(s) Required by the Specifications
C.
FAILURE TO SUBMIT ANY OF THESE ITEMS AT TIME OF BID MAY BE CAUSE FOR
REJECTION
Three (3) references for similar projects
Authorization for Background Check
Catalog/Price List
Product Samples
Certification of Available Equipment
Other: CD or USB flash drive with PDF of Bid Response along w/Printed Copies (ref page 1)
CD and/or USB flash drive must be labeled with the bidder’s name
Other:
D.
READ ONLY
Americans With Disability Act of 1990 Language
Tree Experts and Tree Care Operator Act – N.J.S.A. 45:15C-1
E.
OPTIONAL ITEM(S)
County Cooperative Contract Option
This checklist is provided for bidder’s use in assuring compliance with required documentation;
however, it does not include all specification requirements and does not relieve the bidder of the
need to read and comply with the specifications.
Name of Bidder:
Date:
By Authorized Representative:
Signature:
Print Name & Title:
REV 03/2024
19
BOROUGH OF MIDDLESEX
BID PROPOSAL FORM/SIGNATURE PAGE
TO THE BOROUGH OF MIDDLESEX:
The undersigned declares that he/she has read the Notice, Instructions, Affidavits and Scope of
Services attached, that he/she has determined the conditions affecting the bid and agrees, if this
bid is accepted, to furnish and deliver services per the following:
Schedule Timeline:
April 30, 2024: Date Advertised
May 6, 2024: Deadline to submit questions
May 15, 2024: Bid Opening
May 28, 2024: Anticipated award date
ALL PRICES WILL INCLUDE PROMPT REMOVAL,
TRIMMING AND DISPOSAL
Year 1
Year 2
Item #1
Tree Removal & Trimming
$
$
Hourly Rate (Regular Time)
Item #2
Stump Grinding - Cost per inch of tree diameter in the
$
$
longest direction (Regular Time)
Item #3
Daily Rate (8-hour day) for 80' minimum reach bucket
$
$
truck with operator
The undersigned is a (Corporation, Partnership, Individual) under the laws of the State of ___________
having its principal office at _____________________________________________________________
______________________________________
__________________________________________
Company
Federal I.D. # or Social Security #
__________________________________________ __________________________________________
Address
______________________________________
__________________________________________
Signature of Authorized Agent
Type or Print Name
______________________________________
__________________________________________
Title of Authorized Agent
Date
______________________________________
__________________________________________
Telephone Number
Email Address
______________________________________
Fax Number
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20
BOROUGH OF MIDDLESEX
OWNERSHIP STATEMENT STOCKHOLDER DISCLOSURE FORM
N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43)
This statement shall be completed, certified to, and included with all bid and proposal
submissions. Failure to submit the required information is cause for automatic rejection
of the bid or proposal.
Name of Organization: ____________________________________________________
Organization Address: ____________________________________________________
Part I Check the box that represents the type of business organization:
Sole Proprietorship (skip Parts II and III, execute certification in Part IV)
Non-Profit Corporation (skip Parts II and III, execute certification in Part IV)
For-Profit Corporation (any type)
Limited Liability Company (LLC)
Partnership
Limited Partnership
Limited Liability Partnership (LLP)
Other (be specific): ______________________________________________
Part II
The list below contains the names and addresses of all stockholders in the corporation who
own 10 percent or more of its stock, of any class, or of all individual partners in the
partnership who own a 10 percent or greater interest therein, or of all members in the
limited liability company who own a 10 percent or greater interest therein, as the case may
be. (COMPLETE THE LIST BELOW IN THIS SECTION)
OR
No one stockholder in the corporation owns 10 percent or more of its stock, of any class, or
no individual partner in the partnership owns a 10 percent or greater interest therein, or no
member in the limited liability company owns a 10 percent or greater interest therein, as
the case may be. (SKIP TO PART IV)
(Please attach additional sheets if more space is needed):
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
(Note: Attach additional pages if necessary)
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Part III DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS,
PARTNERS OR LLC MEMBERS LISTED IN PART II
If a bidder has a direct or indirect parent entity which is publicly traded, and any person
holds a 10 percent or greater beneficial interest in the publicly traded parent entity as of
the last annual federal Security and Exchange Commission (SEC) or foreign equivalent
filing, ownership disclosure can be met by providing links to the website(s) containing the last
annual filing(s) with the federal Securities and Exchange Commission (or foreign equivalent) that
contain the name and address of each person holding a 10% or greater beneficial interest in the
publicly traded parent entity, along with the relevant page numbers of the filing(s) that contain the
information on each such person. Attach additional sheets if more space is needed.
Website (URL) containing the last annual SEC (or foreign equivalent) filing
Page #’s
Please list the names and addresses of each stockholder, partner or member owning a 10 percent
or greater interest in any corresponding corporation, partnership and/or limited liability company
(LLC) listed in Part II other than for any publicly traded parent entities referenced above.
The disclosure shall be continued until names and addresses of every noncorporate stockholder,
and individual partner, and member exceeding the 10 percent ownership criteria established
pursuant to N.J.S.A. 52:25-24.2 has been listed. Attach additional sheets if more space is
needed.
Stockholder/Partner/Member and
Corresponding Entity Listed in Part II
Address
Part IV Certification
I, being duly sworn upon my oath, hereby represent that the foregoing information and any
attachments thereto to the best of my knowledge are true and complete. I acknowledge: that I am
authorized to execute this certification on behalf of the bidder/proposer; that the Borough of
Middlesex is relying on the information contained herein and that I am under a continuing obligation
from the date of this certification through the completion of any contracts with the Borough to notify
the Borough in writing of any changes to the information contained herein; that I am aware that it is
a criminal offense to make a false statement or misrepresentation in this certification, and if I do so,
I am subject to criminal prosecution under the law and that it will constitute a material breach of my
agreement(s) with the, permitting the Borough to declare any contract(s) resulting from this
certification void and unenforceable.
________________________________________________________________
______________
(Respondent/Respondent Authorized Signature)
(Date)
___________________________________________
______________________________________
(Print name of authorized signatory)
(Title)
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22
BOROUGH OF MIDDLESEX
NON-COLLUSION AFFIDAVIT
State of _____________
County of _____________
ss:
I, _____________________________ of the City of _______________________________
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 bidder making this Proposal for the above named project, and that I executed the said proposal
with full authority so to do; that said bidder has not, directly or indirectly entered into any
agreement, participated in any collusion, or otherwise taken any action in restraint of free,
competitive bidding in connection with the above named project; and that all statements contained
in said proposal and in this affidavit are true and correct, and made with full knowledge that the
Borough of Middlesex 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_________________________________.
(Name of Contractor)
(N.J.S.A. 52:34-15)
Subscribed and sworn to
Before me this _______day
Of ___________, _______.
Signature
(Type or print name of affiant under signature)
_______________________________________
Notary public of
My Commission expires ___________________.
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23
EXHIBIT A
EEO/AFFIRMATIVE ACTION COMPLIANCE NOTICE
N.J.S.A. 10:5-31 and N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance
to the Borough and Division of Public Contracts Equal Employment Opportunity Compliance. During
a review, Division representatives will review the Borough files to determine whether the
affirmative action evidence has been submitted by the vendor/contractor. Specifically, each
vendor/contractor shall submit to the Borough, prior to execution of the contract, one of the
following documents:
Goods and General Service Vendors
1. Letter of Federal Approval indicating that the vendor is under an existing federally approved or
sanctioned affirmative action program. A copy of the approval letter is to be provided by the
vendor to the Borough and the Division. This approval letter is valid for one year from the date
of issuance.
Do you have a federally-approved or sanctioned EEO/AA program?
Yes
No
If yes, please submit a photo static copy of such approval.
2. A Certificate of Employee Information Report (hereafter “Certificate”), issued in accordance with
N.J.A.C. 17:27-1.1 et seq. The vendor must provide a copy of the Certificate to the Borough as
evidence of its compliance with the regulations. The Certificate represents the review and
approval of the vendor’s Employee Information Report, Form AA-302 by the Division. The
period of validity of the Certificate is indicated on its face. Certificates must be renewed prior to
their expiration date in order to remain valid.
Do you have a State Certificate of Employee Information Report Approval?
Yes
No
If yes, please submit a photo static copy of such approval.
3. The successful vendor shall complete an Initial Employee Report, Form AA-302 and submit it to
the Division with $150.00 Fee and forward a copy of the Form to the Borough. Upon submission
and review by the Division, this report shall constitute evidence of compliance with the
regulations. Prior to execution of the contract, the EEO/AA evidence must be submitted.
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on
the Division website www.state.nj.us/treasury/contract_compliance.
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal
Employment Opportunity Compliance, with a copy to Public Agency.
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 and N.J.A.C. 17:27 and agrees to furnish the required forms of
evidence.
The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27.
COMPANY: ______________________________ SIGNATURE: ____________________________
PRINT NAME:___________________________ TITLE: __________________________________
DATE: __________________
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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 Borough employment goals
established in accordance with N.J.A.C. l7:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not
limited to, employment agencies, placement bureaus, colleges, universities, 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 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 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 www.state.nj.us/treasury/contract_compliance).
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
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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.
SAMPLE CERTIFICATE OF EMPLOYEE INFORMATION REPORT
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BOROUGH OF MIDDLESEX
AMERICANS WITH DISABILITIES ACT OF 1990
Equal Opportunity for Individuals with Disability
The Contractor and the Owner, do hereby agree that the provisions of Title 11 of the Americans
With Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 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 owner
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 owner in any action or administrative proceeding commenced pursuant
to this Act. The contractor shall indemnify, protect, and save harmless the 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 owner’s
grievance procedure, the contractor agrees to abide by any decision of the owner which is rendered
pursuant to said grievance procedure. If any action or administrative proceeding results in an
award of damages against the owner, or if the 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 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 owner or any of its agents, servants, and
employees, the owner shall expeditiously forward or have forwarded to the contractor every
demand, complaint, notice, summons, pleading, or other process received by the owner or its
representatives.
It is expressly agreed and understood that any approval by the 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 owner pursuant to this
paragraph.
It is further agreed and understood that the 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 owner from taking any other actions available to it
under any other provisions of the Agreement or otherwise at law.
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BOROUGH OF MIDDLESEX
THESE ARE SAMPLES OF THE ONLY ACCEPTABLE
BUSINESS REGISTRATION CERTIFICATES.
PREFER SUBMITTED WITH BID RESPONSE
REQUIRED BY LAW PRIOR TO AWARD OF CONTRACT
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CERTIFICATION OF NON‐INVOLVEMENT IN
PROHIBITED ACTIVITIES IN RUSSIA OR BELARUS
Pursuant to N.J.S.A. 52:32-60.1, et seq. (L. 2022, c. 3) any person or entity (hereinafter “Vendori”) that seeks to
enter into or renew a contract with a State agency for the provision of goods or services, or the purchase of bonds
or other obligations, must complete the certification below indicating whether or not the Vendor is identified on the
Office of Foreign Assets Control (OFAC) Specially Designed Nationals and Blocked Persons list, available here:
https://sanctionssearch.ofac.treas.gov/. If the Department of the Treasury finds that a Vendor has made a
certification in violation of the law, it shall take any action as may be appropriate and provided by law, rule or
contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the
party in default and seeking debarment or suspension of the party.
I, the undersigned, certify that I have read the definition of “Vendor” below, and have reviewed the Office of
Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, and having done so
certify:
(Check the Appropriate Box)
A. That the Vendor is not identified on the OFAC Specially Designated Nationals and Blocked Persons list
on account of activity related to Russia and/or Belarus.
OR
B. That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially
Designated Nationals and Blocked Persons list on account of activity related to Russia and/or Belarus.
OR
C. That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially
Designated Nationals and Blocked Persons list. However, the Vendor is engaged in activity related to
Russia and/or Belarus consistent with federal law, regulation, license or exemption. A detailed description
of how the Vendor’s activity related to Russia and/or Belarus is consistent with federal law is set forth
below.
Signature of Vendor’s Authorized Representative
Date
Print Name and Title of Vendor’s Authorized Representative
Vendor Name
Vendor Phone Number
Vendor Address (Street Address)
Vendor Fax Number
Vendor Address (City/State/Zip Code)
Vendor Email Address for Authorized Representative
______________________________________________
i Vendor means: (1) A natural person, corporation, company, limited partnership, limited liability partnership, limited liability company,
business association, sole proprietorship, joint venture, partnership, society, trust, or any other nongovernmental entity, organization, or
group; (2) Any governmental entity or instrumentality of a government, including a multilateral development institution, as defined in
Section 1701(c)(3) of the International Financial Institutions Act, 22 U.S.C. 262r(c)(3); or (3) Any parent, successor, subunit, direct or
indirect subsidiary, or any entity under common ownership or control with, any entity described in paragraph (1) or (2).
NJ Rev. 1.22.2024
(Attach Additional Sheets If Necessary.)
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Disclosure of Investment Activities in Iran
Person
or
Entity
Part 1: Certification
COMPLETE PART 1 BY CHECKING EITHER BOX.
Pursuant to Public Law 2012, c. 25, any person or entity that is a successful bidder or proposer, or
otherwise proposes to enter into or renew a contract, must complete the certification below to attest, under
penalty of perjury, that neither the person or entity, nor any parent entity, subsidiary, or affiliate is
identified on the State Department of Treasury's Chapter 25 list as a person or entity engaging in
investment
activities
in
Iran.
The
list
is
found
on
Treasury’s
website
at
www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf.
The Chapter 25 list must be reviewed prior to completing the below certification. If a vendor or contractor
is found to be in violation of law, action may be taken as appropriate and as may provided by law, rule or
contract, including but not limited to imposing sanctions, seeking compliance, recovering damages,
declaring the party in default and seeking debarment or suspension of the party.
I certify, pursuant to Public Law 2012, c. 25, that neither the person or entity listed above,
nor any parent entity, subsidiary, or affiliate thereof is listed on the N.J. Department of the
Treasury’s list of entities determined to be engaged in prohibited activities in Iran pursuant
to P.L. 2012, c. 25 ("Chapter 25 List"). I further certify that I am the person listed above, or
I am an officer or representative of the entity listed above and am authorized to make this
certification on its behalf. I will skip Part 2 and sign and complete the Certification below.
OR
I am unable to certify as above because the person or entity and/or a parent entity,
subsidiary, or affiliate thereof is listed on the N.J. Department of the Treasury’s Chapter 25
list. I will provide a detailed, accurate and precise description of the activities in Part 2
below sign and complete the Certification below.
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Part 2: Additional Information
PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN
IRAN.
You must provide a detailed, accurate and precise description of the activities of the person or entity, or a
parent entity, subsidiary, or affiliate thereof engaging in investment activates in Iran below and, if more
space is needed, on additional sheets provided by you.
Part 3: Certification of True and Complete Information
I, being duly sworn upon my oath, hereby represent and state that the foregoing information and
any attachments there to the best of my knowledge are true and complete. I attest that I am authorized
to execute this certification on behalf of the above-referenced person or entity.
I acknowledge that the Name of Contracting Unit is relying on the information contained herein
and thereby acknowledge that I am under a continuing obligation from the date of this certification
through the completion of any contracts with the Reference to Contracting Unit to notify the Reference
to Contracting Unit in writing of any changes to the answers of information contained herein.
I acknowledge that I am aware that it is a criminal offense to make a false statement or
misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal
prosecution under the law and that it will also constitute a material breach of my agreement(s) with the
Name of Contracting Unit and that the Reference to Contracting Unit at its option may declare any
contract(s) resulting from this certification void and unenforceable.
Full Name
(Print)
Title
Signature
Date
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CERTIFICATION OF NON-DEBARMENT
FOR FEDERAL GOVERNMENT CONTRACTS
N.J.S.A. 52:32-44.1 (P.L. 2019, c.406)
This certification shall be completed, certified to, and submitted to the contracting unit prior to contract award,
except for emergency contracts where submission is required prior to payment.
PART I: VENDOR INFORMATION
Individual or Organization
Name
Physical Address of
Individual or Organization
Unique Entity ID
(if applicable)
CAGE/NCAGE Code
(if applicable)
Check the box that represents the type of business organization:
Sole Proprietorship (skip Parts III and IV) Non-Profit Corporation (skip Parts III and IV)
For-Profit Corporation (any type) Limited Liability Company (LLC) Partnership
Limited Partnership
Limited Liability Partnership (LLP)
Other (be specific): ______________________________________________
PART II – CERTIFICATION OF NON-DEBARMENT: Individual or Organization
I hereby certify that the individual or organization listed above in Part I is not debarred by the federal government from
contracting with a federal agency. I further acknowledge: that I am authorized to execute this certification on behalf of the
above-named organization; that the Borough of Middlesex is relying on the information contained herein and that I am under a
continuing obligation from the date of this certification through the date of contract award by the Borough to notify the
Borough in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a
false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and
that it will constitute a material breach of my agreement(s) with the Borough, permitting the Borough to declare any contract(s)
resulting from this certification void and unenforceable.
Full Name (Print):
Title:
Signature:
Date:
PART III – CERTIFICATION OF NON-DEBARMENT: Individual or Entity Owning Greater than 50 Percent of Organization
Section A (Check the Box that applies)
Below is the name and address of the stockholder in the corporation who owns more than 50 percent of
its voting stock, or of the partner in the partnership who owns more than 50 percent interest therein, or of
the member of the limited liability company owning more than 50 percent interest therein, as the case
may be.
Name of Individual
or Organization
Physical Address
OR
No one stockholder in the corporation owns more than 50 percent of its voting stock, or no partner in the
partnership owns more than 50 percent interest therein, or no member in the limited liability company
owns more than 50 percent interest therein, as the case may be.
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Section B (Skip if no Business entity is listed in Section A above)
Below is the name and address of the stockholder in the corporation who owns more than 50 percent of
the voting stock of the organization’s parent entity, or of the partner in the partnership who owns more
than 50 percent interest in the organization’s parent entity, or of the member of the limited liability
company owning more than 50 percent interest in organization’s parent entity, as the case may be.
Stockholder/Partn
er/Member
Owning Greater
Than 50 Percent of
Parent Entity
Physical Address
OR
No one stockholder in the parent entity corporation owns more than 50 percent of its voting stock, no
partner in the parent entity partnership owns more than 50 percent interest therein, or no member in the
parent entity limited liability company owns more than 50 percent interest therein, as the case may be.
Section C – Part III Certification
I hereby certify that no individual or organization that is debarred by the federal government from contracting with a federal agency
owns greater than 50 percent of the Organization listed above in Part I or, if applicable, owns greater than 50 percent of a parent
entity of _______________________. I further acknowledge: that I am authorized to execute this certification on behalf of the
above-named organization; that the Borough of Middlesex is relying on the information contained herein and that I am under a
continuing obligation from the date of this certification through the date of contract award the Borough to notify the Borough in
writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or
misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it will constitute a
material breach of my agreement(s) with the Borough, permitting the Borough to declare any contract(s) resulting from this
certification void and unenforceable.
Full Name (Print):
Title:
Signature:
Date:
Part IV – CERTIFICATION OF NON-DEBARMENT: Contractor – Controlled Entities
Section A
Below is the name and address of the corporation(s) in which the Organization listed in Part I owns more
than 50 percent of voting stock, or of the partnership(s) in which the Organization listed in Part I owns
more than 50 percent interest therein, or of the limited liability company or companies in which the
Organization listed above in Part I owns more than 50 percent interest therein, as the case may be.
Name of Business Entity
Physical Address
**Add additional sheets if necessary**
OR
The Organization listed above in Part I does not own greater than 50 percent of the voting stock in any
corporation and does not own greater than 50 percent interest in any partnership or any limited liability
company.
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Section B (skip if no business entities are listed in Section A of Part IV)
Below are the names and addresses of any entities in which an entity listed in Part III A owns greater than
50 percent of the voting stock (corporation) or owns greater than 50 percent interest (partnership or
limited liability company).
Name of Business Entity Controlled by Entity Listed in
Section A of Part IV
Physical Address
**Add additional Sheets if necessary**
OR
No entity listed in Part III A owns greater than 50 percent of the voting stock in any corporation or owns
greater than 50 percent interest in any partnership or limited liability company.
Section C – Part IV Certification
I hereby certify that the Organization listed above in Part I does not own greater than 50 percent of any entity that that is debarred
by the federal government from contracting with a federal agency and, if applicable, does not own greater than 50 percent of any
entity that in turns owns greater than 50 percent of any entity debarred by the federal government from contracting with a federal
agency. I further acknowledge: that I am authorized to execute this certification on behalf of the above-named organization; that
the Borough of Middlesex is relying on the information contained herein and that I am under a continuing obligation from the date
of this certification through the date of contract award by the Borough to notify the Borough in writing of any changes to the
information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this
certification, and if I do so, I am subject to criminal prosecution under the law and that it will constitute a material breach of my
agreement(s) with the Borough permitting the Borough to declare any contract(s) resulting from this certification void and
unenforceable.
Full Name (Print):
Title:
Signature:
Date:
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BOROUGH OF MIDDLESEX
ACKNOWLEDGMENT OF RECEIPT OF ADDENDA
The undersigned Bidder hereby acknowledges receipt of the following Addenda:
ADDENDUM
NUMBER
DATE
ACKNOWLEDGE RECEIPT
(Initial)
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
No Addenda were received:
Acknowledged for:
(Name of Bidder)
By:
(Signature of Authorized Representative)
Name:
(Print or Type)
Title:
Date:
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TREE EXPERTS AND TREE CARE OPERATOR ACT – N.J.S.A. 45:15C-1
CHAPTER 237
AN ACT concerning the licensure of tree experts and tree care operators and the registration
of certain employers, supplementing Title 45 of the Revised Statutes, and repealing
P.L.1940, c.100 and sections 7 and 8 of P.L.1996, c.20.
BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:
C.45:15C-11 Short title.
1. This act shall be known and may be cited as the "Tree Experts and Tree Care Operators
Licensing Act."
C.45:15C-12 Definitions relative to licensing of tree experts, care operators.
2. For the purposes of this act:
“Board” means the New Jersey Board of Tree Experts established pursuant to section 3 of this act.
“Licensed tree care operator” means a person licensed to provide tree care operator
services in the State pursuant to subsection b. of section 7 of this act.
“Licensed tree expert” means a person licensed to provide tree expert services in this State
pursuant to subsection a. of section 7 of this act.
“Tree care operator services” means and includes tree pruning, repairing, brush cutting or
removal, tree removal, and stump grinding or removal.
“Tree care services” means tree care operator services and tree expert services as established
by this act.
“Tree expert services” means and includes tree pruning, repairing, brush cutting or removal,
tree removal, stump grinding or removal, tree establishment, fertilization, cabling and bracing,
lightning protection, consulting, diagnosis, and treatment of tree problems or diseases, tree
management during site planning and development, tree assessment and risk management, and
application of pesticides or any other form of tree maintenance.
C.45:15C-13 New Jersey Board of Tree Experts.
3. There is established in the Department of Environmental Protection the New Jersey
Board of Tree Experts. The board shall consist of nine members, including the Commissioner of the
Department of Environmental Protection or the commissioner’s designee, who shall serve ex officio,
and eight members, appointed by the Governor with the advise and consent of the Senate as follows:
five shall be licensed tree experts, two shall be licensed tree care operators, and one shall possess
knowledge of arboriculture or forestry, including urban forestry. However, of the public members
first appointed, three of the five licensed tree expert memberships shall be appointed from the
members of the board of tree experts established by P.L.1940, c.100 (C.45:15-1 et seq.),
participating on the board on the date of enactment of this act, and the remaining tree experts first
appointed shall be certified, on or before the date of enactment of this act, pursuant to the provisions
of P.L.1940, c.100 (C.45:15C-1 et seq.). The initial members of the board, including the tree care
operators first appointed, need not be licensed until 180 days following the promulgation of initial
regulations by the board to carry out the provisions of this act. Thereafter, the members of the board
subsequently appointed shall be licensed before appointment. The three members of the board of tree
experts shall be appointed for a term of three years, and one of the initial tree care operators shall be
appointed for a term of three years; the remaining two initial tree experts and the remaining initial
tree care operator shall be appointed for a term of two years; and the initial member possessing
knowledge of arboriculture or forestry shall be appointed
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P.L. 2009, CHAPTER 237
2
for a term of one year. Thereafter, all members appointed shall serve for terms of three years
or until their successors are appointed and qualified. Vacancies shall be filled for the unexpired
terms only.
C.45:15C-14 Board, officers, meetings, compensation.
4. The board shall annually elect from among its members a chairman and a vice-chairman.
The board shall meet at least four times per year and may hold additional meetings as necessary to
discharge its duties. A majority of the total authorized membership of the board may exercise any of
the powers of the board at any meeting. The members of the board shall serve without compensation,
but the board may, within the limits of funds appropriated or otherwise made available to it,
reimburse members for actual expenses necessarily incurred in the discharge of their official duties,
according to rules and regulations promulgated by the Commissioner of the Department of
Environmental Protection.
C.45:15C-15 Duties of board.
5. The board shall:
a. Review the qualifications of an applicant for licensure under the act;
b. Establish standards for examinations for licensure;
c. Issue and renew licenses and assess fees therefor;
d. Establish standards by regulation, which shall include, but not be limited to, the
appropriate standards of the American National Standards Institute (ANSI), and any related
standards and best management practices;
e. Suspend or revoke licenses or registrations for violations of the act;
f. Maintain a registry of licensees;
g. Adopt a canon of professional ethics;
h. Adopt such regulations as may be necessary to effectuate the purposes of the act;
i. Establish fees by regulation for examinations, applications for licensure, and license
renewals. The fees shall be sufficient to defray expenses incurred by the board in the
performance of its duties under the act;
j. Conduct such worksite inspections as may be necessary to enforce the provisions of
this act; and
k. Maintain a registry of businesses engaged in tree care services, and charge a fee
therefor.
C.45:15C-16 Development, designation of examinations to determine qualification.
6. The board shall develop an examination or designate examinations to evaluate the
knowledge, ability, and fitness of applicants to perform as tree experts or tree care operators,
respectively, and shall administer the examinations at least semi-annually at times and places
to be determined by the board. The board shall provide for adequate written notice of the time and
place of the examinations. An applicant who fails an examination may not retake the examination
earlier than three months following the initial examination. There shall be no limitation on the
number of times an examination may be taken. All licenses shall be issued on a biennial basis. A
person may seek renewal of a license upon submission of a renewal application and the payment of a
renewal fee established by the board. If a license expires without being renewed, the license may be
renewed within one year of expiration upon the payment of a prorated fee. The determination of the
board as to an applicant’s qualifications for any examination shall constitute final agency action.
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P.L. 2009, CHAPTER 237
3
C.45:15C-17 Licensure required for tree expert, tree care operator.
7. a. No person shall present himself to the public as a licensed tree expert or use the
designation “L.T.E.,” without licensure by the board. A person shall not be eligible for licensure
pursuant to this subsection until the final promulgation of initial regulations by the board to carry out
the provisions of this act. A candidate for licensure shall:
(1) be at least 18 years of age;
(2) be of good moral character;
(3) (a) be a graduate from a four year college with a degree in forestry, arboriculture,
ornamental horticulture, natural resources, or any other curriculum approved by the board; or
(b) have completed two years of college and passed courses approved by the board, and
have been continuously employed in the practice of arboriculture for a period of at least three
years preceding the date of his application for licensure; or
(c) be continuously employed in the practice of arboriculture for at least five years
immediately preceding the date of application for licensure; and
(4) except as provided in subsection c. of this section, have passed an examination
established or designated by the board.
b. No person shall present himself to the public as a licensed tree care operator or use
the designation “L.T.C.O.,” without licensure by the board. A person shall not be eligible for
licensure pursuant to this subsection until the final promulgation of initial regulations by the
board to carry out the provisions of this act. A candidate for licensure shall:
(1) be at least 18 years of age;
(2) be of good moral character;
(3) (a) be a graduate from a four year college with a degree in arboriculture or an equivalent
major field of study, and have been continuously employed in the practice of arboriculture for a
period of at least one year preceding the date of his application for licensure; or
(b) be a graduate from a two year college with a degree in arboriculture or an equivalent
major field of study, and have been continuously employed in the practice of arboriculture for a
period of at least two years preceding the date of his application for licensure; or
(c) be continuously employed in the practice of arboriculture for at least three years
preceding the date of his application for licensure; and
(4) except as provided in subsection c. of this section, have passed an examination
established by the board.
c. Notwithstanding the provisions of subsections a. and b., for 360 days after the date
regulations are promulgated pursuant to the provisions of this act:
(1) any person of good moral character who has received certification as a tree expert
pursuant to P.L.1940, c.100 (C.45:15C-1 et seq.) before the date of its repeal may, if in good
standing with the board, acquire a license as a tree expert without sitting for an examination
pursuant to subsection a. of this section pursuant to regulations established by the board; and
(2) any person of good moral character who has documented to the satisfaction of the
board that he has been engaged in the practice of arboriculture for seven years preceding the
effective date of this act may acquire a license as a tree care operator without sitting for an
examination pursuant to subsection b. of this section, pursuant to regulations established by
the board.
Licenses issued pursuant to this subsection shall be renewed biennially.
d. Persons licensed under this act shall receive a certificate evidencing their licensure.
P.L. 2009, CHAPTER 237
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4
e. Any person licensed as a tree care operator may subsequently apply for licensure as a
tree expert upon meeting the qualifications for licensure.
C.45:15C-18 Form for application; maintenance of records.
8. a. Applications for licenses as a tree expert or a tree care operator shall be on forms
prescribed and furnished by the board and shall contain statements under oath showing the
applicant’s education or other qualification for licensure. The application shall be accompanied by
an application fee as established by the board by regulation. No license shall be issued in the name
of a corporation, firm, partnership, or other form of business organization.
b. The board shall maintain a record of all individual applicants for licensure and all
licensees, including the person’s name, age, education, and other qualifications, the person’s
place of residence, the location in which the person is employed, and a record of the person’s
fulfillment of any continuing education requirements established by this act.
c. The board may, in its discretion, grant a tree expert license or a tree care operator
license to any person who is not a resident of this State and who is the lawful holder of a
substantially equivalent license or certification issued by another jurisdiction, as determined
by the board.
C.45:15C-19 Continuing education requirement.
9. a. Every licensed tree expert and licensed tree care operator shall complete, as a condition
for biennial license renewal, no less than 32 credits of continuing education in courses of study
approved by the board. Each hour of instruction shall be equivalent to one credit. The board may
waive requirements for continuing education on an individual basis for reasons of hardship such as
illness or disability or other good cause. Evidence of the fulfillment of this requirement shall be
submitted to the board in a form and manner established by the board.
b. The board shall review the content of courses of study offered by colleges, universities,
and other institutions or organizations for the awarding of degrees or credits in subjects related to
arboriculture and make the list available to the public. The board shall establish and maintain
minimum requirements for courses to meet continuing education requirements by establishing a list
of approved subjects and courses of study.
C.45:15C-20 Compliance with laws and regulations in rendering professional services.
10. In rendering professional services, a licensed tree expert or licensed tree care operator
shall comply in all respects with the applicable laws and regulations pertaining to tree expert or tree
care operator services and shall have the duty to make every reasonable effort to protect the safety,
health, property, and welfare of the public. This shall include ensuring the safe operation of all
equipment used in the performance of tree expert or tree care operator services, under guidelines
established by the Department of Environmental Protection or by the board.
C.45:15C-21 Refusal to issue, renew, suspension, revocation of license.
11. The board may refuse to issue or renew or may suspend or revoke a license or may
refuse to admit a person to an examination for licensure, after notice and hearing, upon a finding that
an applicant or licensee:
a. Has obtained a license or authorization to sit for an examination through fraud,
deception, or misrepresentation;
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P.L. 2009, CHAPTER 237
5
b. Has conducted work, or allowed work to be conducted under his supervision, in a manner
not in compliance with standards approved by the board;
c. Has engaged in the use of dishonesty, fraud, deception, misrepresentation, false promise,
or false pretense in the course of his business;
d. Has engaged in gross negligence or gross incompetence;
e. Has engaged in repeated acts of negligence or incompetence;
f. Has engaged in occupational misconduct, as determined by the board;
g. Has been convicted of any crime involving moral turpitude, any crime relating adversely
to the activities regulated by the board, or any crime of the first, second, third, or fourth degree;
h. Has had his authority to engage in the activities regulated by the board revoked or
suspended by any other state, agency, or authority;
i. Has failed to comply with the provisions of this act or any regulation promulgated pursuant
thereto, including canons of ethics established by the board;
j. Is incapable, for medical or any other good cause, of discharging the functions of a licensee
in a manner consistent with the health, safety, and welfare of the public;
k. Has engaged in any form of false or misleading advertising or promotional activities,
including, but not limited to, holding himself out to be a licensed tree expert, an arborist, licensed
tree care operator, a tree surgeon, a tree care business, or any similar designation, or using the
abbreviation “L.T.E.” or “L.T.C.O.” without being licensed as a tree expert or a tree care operator as
provided for in this act; or
l. Has failed to maintain records required by the board.
C.45:15C-22 Biennial registration; required information.
12. Every business engaged in providing tree expert or tree care operator services shall
register biennially with the board as a condition of doing business in this State and shall provide the
following information:
a. The name and residence of the owner or owners of the tree care business;
b. The principal address of the tree care business, and any branch office or subsidiary of
the business;
c. The names and addresses of every licensed tree expert or licensed tree care operator
employed by the business and the location of each such licensee, if at a branch office other than the
business’ main office;
d. Proof of general liability insurance or a letter of credit of a type and amount required
by the board by regulation;
e. Proof of workers’ compensation insurance coverage required pursuant to chapter 15
of Title 34 of the Revised Statutes;
f. Proof that at least one employee of the tree care business, located at the principal office of
the tree care business shall be licensed either as a tree expert or tree care operator, and at least one
employee of the tree care business, located at each branch office of the tree care business shall be
licensed either as a tree expert or tree care operator; and
g. Any other information required by the board.
C.45:15C-23 Instruction, training for employees.
13. Every tree care business shall provide instruction and training for its employees in the
proper use, inspection and maintenance of tools and equipment and shall require that safe working
practices are observed in accordance with the appropriate standards of the American National
Standards Institute (ANSI), as well as any additional standards designated by the board by
regulation.
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P.L. 2009, CHAPTER 237
6
Every tree care business shall submit documentation of its training program for employees to the
board annually, which shall include a model tree safety program checklist, proof of general liability
insurance coverage or a letter of credit in an amount established by the board, and proof of workers’
compensation insurance.
C.45:15C-24 Revocation, suspension of registration.
14. The board may revoke or suspend a registration of any tree care business, after notice
and hearing, that the business:
a. Has failed to demonstrate that the employer, or at least one employee in each principal
office and branch location who is responsible for the supervision of workers in the performance of
tree expert or tree care operator services, is in possession of a tree expert license or a tree care
operator license;
b. Has failed to ensure the safe operation of all equipment used in the performance of tree
expert or tree care operator services;
c. Has allowed work to be conducted in a manner not in compliance with standards approved
by the board;
d. Has failed to provide instruction and training for its employees, as required by this act;
e. Has engaged in the use of dishonesty, fraud, deception, misrepresentation, false promise,
or false pretense in the course of his business;
f. Has been found guilty of gross negligence or incompetence;
g. Has had the authority to engage in tree expert or tree care operator services revoked
or suspended by any other state, agency, or authority;
h. Has failed to comply with the provisions of this act or any regulation promulgated
pursuant thereto;
i. Has engaged in any form of false or misleading advertising or promotional activities;
or
j. Has failed to maintain records required by the board.
C.45:15C-25 Cooperation with DEP, board.
15. In the performance of tree expert or tree care operator services, a licensed tree expert
or licensed tree care operator and every tree care business shall cooperate fully with the Department
of Environmental Protection and the board in an investigation or adjudication of an alleged violation
of this law or any regulations promulgated pursuant thereto, and upon request, shall provide copies
of any documents that shall be requested in connection therewith.
C.45:15C-26 Investigation of unlawful activity.
16. Whenever it shall appear to the board or the Department of Environmental Protection
that a person has engaged in, or is engaging in, any unlawful activity under the provisions of this act,
the person may be required to file, on a form prescribed by regulation, a statement in writing under
oath as to the facts and circumstances concerning the rendering of any service or other violation of
this act. The board or the department may examine any person in connection with any act or practice
subject to the act, inspect any premises upon which any violation is alleged to have taken place or
premises that constitute the licensee’s place of business, and examine any record, book, document,
account or paper maintained by or for any licensee in the conduct of his business.
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P.L. 2009, CHAPTER 237
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C.45:15C-27 Notice, hearing prior to suspension, revocation of license.
17. Suspension or revocation of a license by the board shall take place only following notice
and a hearing, sent to the licensee at least 20 days prior to the hearing. No license shall be revoked or
suspended until the conclusion of any hearing. The board shall render its judgment no later than 20
days following the conclusion of the hearing.
C.45:15C-28 Additional fines.
18. In addition to suspension or revocation of a license, the board may levy a fine, not to
exceed $1,000 for a first violation and not to exceed $2,500 for a second or subsequent violation of
this act. If the violation is of a continuing nature, each day during which it continues shall constitute
an additional, separate, and distinct offense. The civil penalty shall be issued for and recovered by
and in the name of the board, and shall be collected by summary proceeding pursuant to the “Penalty
Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.), including reimbursement for the
cost of investigation.
C.45:15C-29 Injunction prohibiting act, practice.
19. Whenever it shall appear to the board or the Department of Environmental Protection
that a violation of this act has occurred, is occurring, or will occur, the Attorney General, in addition
to any other proceeding authorized by law, may seek and obtain in a summary proceeding in the
Superior Court an injunction prohibiting the act or practice. The court may assess a civil penalty in
accordance with the provisions of this act, but the court shall not suspend or revoke any license
issued by the board.
C.45:15C-30 Appeal.
20. Any person aggrieved by an order or finding by the board or the commissioner may
appeal the order or finding to the Superior Court.
C.45:15C-31 Inapplicability of act.
21. The provisions of this act shall not apply to:
a. Any public utility or any employee of a public utility while engaged in the actual
performance of his duties as an employee;
b. Any employer under contract with a public utility who is engaged in tree trimming or
any other utility vegetation management practice for purpose of line clearance, or any employee of
the employer while engaged in the actual performance of duties in regard to tree trimming or other
utility vegetation management practice or for the installation of underground facilities or associated
site construction;
c. Any forestry activities that are conducted under the forest management and stewardship
programs approved by the State Forester, provided that tree climbing is not performed, nor are aerial
lifts, cranes, or rope and rigging operations used;
d. Landscape construction activities, including those performed by, or under the direction of,
a landscape architect, or ground based landscape maintenance activities such as pruning,
fertilization, insect and disease control, planting, transplanting and all other forms of ground based
landscape maintenance, in compliance with the sections of the American National Standards
Institute practice standards set forth by the board by regulation, with applicable safety standards and
regulations promulgated by the federal Occupational Safety and Health Administration, and with any
pesticide regulations promulgated by the Department of Environmental Protection. For the purposes
of this subsection, ground based landscape maintenance means operations that do not involve
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P.L. 2009, CHAPTER 237
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climbing, the use of aerial lifts, cranes, rope and rigging operations, or the removal of trees over 6
inch D.B.H;
e. Any person or employer that does not offer tree care services for hire;
f. Any trees being removed pursuant to an approved site plan or subdivision approval,
provided that the tree removal activities are performed in compliance with the sections of the
American National Standards Institute practice standards set forth by the board by regulation, with
applicable safety standards and regulations promulgated by the federal Occupational Safety and
Health Administration, and with applicable safety standards of the American National Standards
Institute as designated by the board by regulation; and
g. Any employee of a municipality or county while engaged in the actual performance of
his duties as an employee.
C.45:15C-32 Deposit, use of fees and penalties.
22. All fees and penalties collected pursuant to this act shall be deposited with the board, and
their use shall be authorized by the board for the purposes of carrying out the provisions of this act.
Repealer.
23. The following are repealed:
P.L.1940, c.100 (C.45:15C-1 et seq.); and
Sections 7 and 8 of P.L.1996, c.20 (C.45:15C-2.1 and -7.1).
24. This act shall take effect immediately, except for section 23, which shall take effect upon
the final promulgation of initial regulations by the board necessary to carry out the provisions of this
act.
Approved January 16, 2010.
--- Document: NOTICE TO BIDDERS - Furnish and Deliver Electrical Services for All Borough of Middlesex Facilities and Locations - BID #: 001-24 ---
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Borough of Middlesex
1200 Mountain Avenue
Middlesex, New Jersey 08846
NOTICE TO BIDDERS
Sealed bids will be received by the Purchasing Agent for the Borough of Middlesex on
Wednesday, April 3, 2024, at 11:00am prevailing time at the Borough of Middlesex,
1200 Mountain Avenue, Middlesex, NJ 08846 at which time and place bids will be opened
and read in public for:
FURNISH AND DELIVER ELECTRICAL SERVICES
FOR ALL BOROUGH OF MIDDLESEX FACILITIES AND LOCATIONS
BID #: 001-24
Bid responses must be made on the standard proposal forms, be enclosed in a sealed
package bearing the name and address of the bidder and the “BID TITLE NAME &
CONTRACT #” on the outside, addressed to Carmen Modica, Purchasing Agent, at the
address above.
Any Bid Addenda will be issued on the Borough website at www.middlesexboro-nj.gov and
processed in accordance with N.J.S.A. 40A:11-23(c)(1). All interested bidders should check
the website from now through bid opening. It is the sole responsibility of the respondent
to be knowledgeable of all addenda related to this procurement.
Specifications and instruction to bidders are available from the Borough’s website at
www.middlesexboro-nj.gov at no cost to the prospective bidders or in the Clerk’s Office,
1200 Mountain Avenue, Middlesex.
Bidders shall comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17-27 et seq.
A highly recommended pre-bid meeting/inspection of sites will be held Monday, March 25,
2024, beginning at 10:00 AM at 1200 Mountain Avenue, Middlesex, New Jersey, 08846.
Carmen Modica, QPA, CMR
Purchasing Agent
Date Advertised: March 20, 2024
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BOROUGH OF MIDDLESEX
GENERAL INSTRUCTIONS
1.
SUBMISSION OF BIDS
A. Sealed bids shall be received by the Borough of Middlesex, hereinafter referred to as
“owner”, in accordance with public advertisement as required by law, a copy of said notice
being attached hereto and made a part of these specifications.
B. Sealed bids shall be received by the designated representative at 11:00am at 1200
Mountain Avenue, Middlesex, NJ 08846 as stated in the Notice to Bidders, and at such time
and place will be publicly opened and read aloud.
C. Each bid shall be submitted on the proposal form attached, in a sealed envelope
(1) Addressed to the Purchasing Agent
(2) Bearing the name and address of the bidder on the outside of the envelope
(3) Clearly marked “BID” with the contract title being bid. Provide One (1) Original & One
(1) copy of the bid. Faxed or emailed bids will NOT be accepted.
D. It is the bidder’s responsibility to see that bids are presented to the Purchasing Agent prior
or at the time and at the place designated. Bids may be hand delivered or mailed; however,
the owner disclaims any responsibility for bids forwarded by regular, express, or overnight
mail. Bids sent by express mail or delivery service must either 1) include the
designation in sub-section C, above on the outside of the express mail or service
envelope; or 2) must be in a separate envelope inside the delivery envelope and
the envelope marked as required above. Bids received after the designated time
and date will be returned unopened.
E. The Borough reserves the right to postpone the date for presentation and opening of bids
and will give written notice of any such postponement to each perspective bidder as
required by law.
F. Sealed bids forwarded to the owner before the time of opening of bids may be withdrawn
upon written application of the bidder who shall be required to produce evidence showing
that the individual is or represents the principal or principals involved in the bid. Once bids
have been opened, they shall remain firm for a period of sixty (60) calendar days.
G. All prices and amounts must be written in ink or preferably machine printed. Bids containing
any conditions, omissions, unexplained erasures or alternations, items not called for in the
bid proposal form, attachment of additive information not required by the specifications, or
irregularities of any kind, may be cause for rejection by the owner in accordance with
applicable law. Any changes, whiteouts, strikeouts, etc. in the bid must be initialed in ink
by the person signing the bid.
H. Each bid proposal form must give the full business address, business phone, fax, e-mail,
the contact person of the bidder, and be signed by an authorized representative as follow:
• Bids by partnerships 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.
• Bids 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
designation of the president, secretary or other person authorized to bind the
corporation in the matter.
• Bids by sole proprietorship shall be signed by the proprietor.
• When requested, satisfactory evidence of the authority of the officer signing shall be
furnished.
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I. Multiple Bids Not Accepted
More than one bid from an individual, a firm or partnership, a corporation or association
under the same or different names shall not be considered.
J. Bidder should be aware of the following statues that represent “Truth in Contracting” laws:
➢ N.J.S.A. 2C:21-34, et seq. governs false claims and representations by bidders. It is a
serious crime for the bidder to knowingly submit a false claim and/or knowingly make
material misrepresentation.
➢ N.J.S.A. 2C:27-10 provides that a public servant commits a crime if said public servant
solicits or receives a benefit directly or indirectly, or 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 bidder commits a crime if said person, directly or
indirectly, confers or agrees to confer any benefit not allowed by law to a public servant.
➢ Bidder should consult the statutes or legal counsel for further information.
K. Pay-to-Play Disclosure – Business entities are advised of their responsibility to file an annual
disclosure statement of political contributions with the New Jersey Election Law Enforcement
Commission (ELEC) pursuant to N.J.S.A. 12:44A-20.27 if they receive contracts in excess
of $50,000 from public entities in a calendar ear. Business entities are responsible for
determining if filing is necessary. Additional information on this requirement is available
from ELEC at 888-313-3532 or at www.elec.state.nj.us.
L. Official Request for Bid packages are available from the Borough’s website at
www.middlesexboro-nj.gov at no cost to the prospective bidders. All addenda are posted
on the website and issued in accordance with N.J.S.A. 40A:11-23(c)(1). Potential bidders
are cautioned that they are responding at their own risk if a third party supplied the
specifications that may or may not be complete. The owner is not responsible for third
party supplied documents. Respondents are urged to contact the owner with their contact
information so any addenda to these specifications can be sent to them.
2.
BID SECURITY AND BONDING REQUIREMENTS
The following provisions, if indicated by an (x), shall be applicable to this bid and be
made a part of the bidding documents:
A.
BID GUARANTEE
Bidder shall submit with the bid a certified check, cashier’s check or bid bond in the amount
of ten percent (10%) of the total price bid, but not in excess of $20,000, payable
unconditionally to the Borough of Middlesex.
When submitting a Bid Bond, it shall contain Power of Attorney for full amount of Bid Bond
from a surety company authorized to do business in the State of New Jersey and acceptable
to the Borough of Middlesex.
The check or bond of the unsuccessful bidder(s) shall be returned pursuant to N.J.S.A.
40A:11-24a. The check or bond of the bidder to whom the contract is awarded shall be
retained until a contract is executed and the required performance bond or other security
is submitted.
The check or bond of the successful bidder shall be forfeited if bidder fails to enter into
contract pursuant to N.J.S.A. 40A:11-21. The Bid Bond shall include a valid Power of
Attorney authorizing the Attorney-in-Fact to execute the documents. Failure to submit
required guarantee shall be cause for rejection of the bid.
B.
CONSENT OF SURETY
Bidder shall submit with the bid a Certificate (Consent) of Surety with Power of Attorney for
full amount of bid price from a Surety Company authorized to do business in the State of
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New Jersey, and acceptable to the Borough of Middlesex stating that it will provide said
bidder with a Performance Bond in the full amount of the bid. This certificate shall be
obtained in order to confirm that the bidder to whom the contract is awarded will furnish
Performance and Payment Bonds from an acceptable surety company on behalf of said
bidder, any, or all subcontractors or by each respective subcontractor or by any combination
thereof which results in performance security equal to the total amount of the contract,
pursuant to N.J.S.A. 40A:11-22.
The Consent of Surety shall include a valid Power of Attorney authorizing the Attorney-in-
Fact to execute the documents. Failure to submit this shall be cause for rejection of the bid.
C.
PERFORMANCE BOND
Successful bidder shall simultaneously with the delivery of the executed contract, submit
an executed bond in the amount of one hundred percent (100%) of the acceptable bid as
security for the faithful performance of this contract.
The performance bond provided shall not be released until final acceptance of the whole
work and then only if any liens or claims have been satisfied. The surety on such bond or
bonds shall be a duly authorized surety company authorized to do business in the State of
New Jersey pursuant to N.J.S.A. 17:31-5. For multi-year contracts, the Performance Bond
may be resubmitted each year on the Contract Anniversary Date for the amount remaining
on the contract.
Failure to submit this with the executed contract shall be cause for declaring contract null
and void pursuant to N.J.S.A. 40A:11-22.
D.
LABOR AND MATERIAL (PAYMENT) BOND
The successful bidder shall, with the delivery for the performance bond submit an executed
payment bond to guarantee payment to laborers and suppliers for the labor and material
used in the work performed under the contract.
Failure to submit a labor and material bond with the performance bond shall be cause for
declaring the contract null and void.
E.
MAINTENANCE BOND
Upon acceptance of the work by the Borough of Middlesex, the contractor shall submit a
maintenance bond (N.J.S.A. 40A:1-16.3) in an amount not to exceed 100% of the project
costs guaranteeing against defective quality of work or materials for the period of:
1 Year
2 Years
3.
PREPARATION OF BIDS (PRICING INFORMATION AND FORMS)
A. (1) The owner is exempt from any local, state, or federal sales, use or excise tax. The
owner will not pay for New Jersey State Sales and Use Tax that are included in any
invoices. The owner will not pay service charges such as interest and late fees.
(2) The owner or any of its offices and divisions will not complete credit applications as a
result of contract(s) resulting from award based on these specifications.
B. Bids shall be signed in ink (Original Signature Required) by the bidder, all quotations shall
be made with a typewriter/computer or pen and ink. Any quotation showing any erasure
alteration must be initialed by the bidder in ink. Unit prices and totals are to be inserted in
spaces provided.
C. Failure to sign and give all information in the bid may result in the bid being rejected.
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D. Estimated Quantities (Open-Ended Contracts, Purchase as Needed) The owner has
attempted to identify the item(s) and the estimated amounts of each item bid to cover its
requirements; however, past experience shows that the amount ordered may be different
than that submitted for bidding. The right is reserved to decrease or increase the quantities
specified in the specifications pursuant to N.J.A.C. 5:30-11.2 and 11.10. NO MINIMUM
PURCHASE IS IMPLIED OR GUARANTEED.
E. Contractor shall be responsible for obtaining any applicable permits or licenses from any
government entity that has jurisdiction to require the same. All bids submitted shall have
included this cost.
F. Bidders shall insert prices for furnishing goods and services required by these specifications.
Prices shall be net including any charges for packing, crating, containers etc. All
transportation charges shall be fully prepaid by the contractor, F.O.B. destination and
placement at locations specified by the owner. No additional charges will be allowed for
any transportation costs resulting from partial shipments made at vendor’s convenience
when a single shipment is ordered.
G. Any bidder may withdraw his bid at any time before the time set for receipt of bids. No bid
may be withdrawn in the 60-day period after the bids are received.
H. Bidder shall complete and sign the Bid Submission Document Checklist and include it with
the bid submission. For construction bids, failure to submit the checklist is a fatal
defect and the bid will be rejected. This document serves as a guide to bidders to
bidders of the documents that are required to be submitted with the bid.
4.
FIRM FIXED CONTRACT
This is a firm fixed contract, prices firm, FOB Borough of Middlesex locations. No price
escalation. The vendor shall void the contract and permit the Borough to solicit open market
pricing should any price increase or surcharge be imposed.
5.
INTERPRETATIONS AND ADDENDA
A. The bidder understands and agrees that its bid is submitted on the basis of the specifications
prepared by the Borough. The bidder accepts the obligation to become familiar with these
specifications.
B. Bidders are expected to examine the specifications and related documents with care and
observe all their requirements. Ambiguities, errors, or omissions noted by bidders should
be promptly reported in writing to the appropriate official. Any prospective bidder who
wishes to challenge a bid specification shall file such challenges in writing with the
contracting agent no less than three business days prior to the opening of the bids.
Challenges filed after that time shall be considered void and have no impact on the
contracting unit or the award of a contract pursuant to N.J.S.A. 40A:11-13. In the event
the bidder fails to notify the owner of such ambiguities, errors or omissions, the bidder shall
be bound by the requirements of the specifications and the bidder’s submitted bid.
C. No oral interpretation and/or clarification of the meaning of the specifications for any goods
and services will be made to any bidder. Every request for an interpretation shall be in
writing, addressed to the owner’s representative stipulated in the specification. In order to
be given consideration, written requests for interpretation and or clarification must be
received at least three (3) business days prior to the date fixed for the opening of the bids
for goods and services.
D. 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 bidders. All
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addenda so issued shall become part of the specification and bid documents and shall be
acknowledged by the bidder by completing the Acknowledgement of Receipt of
Addenda form. The owner’s interpretations or corrections thereof shall be final.
Pursuant to N.J.S.A. 40A:11-23(c)(1) when issuing addenda, the owner shall provide
required notice prior to official receipt of bids to any person who has submitted a bid or who
has received a bid package. They will be sent via electronic transmissions to those known
recipients of the bid specifications. They will be sent from cmodica@middlesexboro-nj.gov.
It is recommended that bidders include this address in the recipient email’s contact list to
ensure it is not routed to a junk folder.
E. Discrepancies in Bids
1. If the amount shown in words and its equivalent 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 price shall prevail. In the event there is an error of the summation of the
extended totals, the computation by the owner of the extended totals shall govern.
F. Optional Pre-Bid Conference
If stated in the Notice to Bidders and checked below:
A pre-bid conference will not be held.
A pre-bid conference for this proposal will be held on Monday, March 25, 2024, at
10:00am.
Attendance is not mandatory but is strongly recommended. Failure to attend does
not relieve the bidder of any obligations or requirements.
G. Deadline to Submit Questions – Questions regarding this procurement should be submitted
to the Purchasing Agent, Carmen Modica via email (cmodica@middlesexboro-nj.gov) by
2:00pm, Monday, March 25, 2024.
6.
BRAND NAMES, STANDARDS OF QUALITY AND PERFORMANCE
A. Brand names and/or descriptions used in these specifications are to acquaint bidders with
the types of goods and services desired and will be used as a standard by which goods and
services offered as equivalent will be evaluated. The owner reserves the right to evaluate
equivalency of a product which, in its deliberations, meets its requirements.
B. When a specification uses “brand name or equivalent”, the listed brand name shall serve
as a reference or point of comparison for the functional or operational characteristic desired
for the good or service being requested. Where a bidder submits an equivalent, it shall be
the responsibility of the bidder to document the equivalence claim. Failure to submit such
documentation shall be grounds for rejection of the claim of equivalence.
C. In submitting its bid, the bidder certifies that the goods or services to be furnished will not
infringe upon any valid patent or trademark and that the successful bidder shall, at its own
expense, defend any and all actions or suits charging such infringement, and will save the
owner harmless from any damages resulting from such infringement.
D. Only manufactured and farm products of the United States, wherever available, shall be
used pursuant to N.J.S.A. 40A:11-18.
E. Wherever practical and economical to the owner, it is desired that recycled or recyclable
products be provided. Please indicate when recycled products are being offered.
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F. The contractor shall guarantee any or all goods and services supplied under these
specifications. Defective or inferior goods shall be replaced at the expense of the contractor.
The contractor will be responsible for return freight or restocking charges.
7.
METHOD OF CONTRACT AWARD
A. The owner reserves the right to accept or reject any or all bids, to waive identified
irregularities and technicalities, and to award in whole or in part to the lowest responsible
bidder, if it is in the best interest of the owner to do so. Without limiting the generality of
the foregoing, any bid which is incomplete, obscure, or irregular may be rejected, any bid
having erasures or corrections in the price sheet may be rejected, any bid in which unit
prices are omitted, or in which unit/total prices are unbalanced, may be rejected, any bid
accompanied by any insufficient or irregular certified check, cashier’s check or bid bond
may be rejected.
B. The owner further reserves the right to award each item separately to the lowest
responsible bidder meeting specifications or to make an award based on the total bid to the
bidder whose total sum is the low bid meeting the specifications, whichever in the awarding
authorities’ opinion is in the best interest of the owner. Without limiting the generality of
the foregoing, the owner reserves the right to award a contract based on either option that
may be described in the bid proposal or based on any combination thereof.
C. The owner may also elect to award the contract on the basis of unit prices.
D. The owner reserves the right to award equal or tie bids at their discretion to any one of the
tie bidders.
E. Should the bidder, to whom the contract is awarded, fail to enter into a contract, the
Borough may then, at its option, accept the bid of the next lowest responsible bidder.
F. The effective period of this contract will be two years unless otherwise noted in the
specifications. Continuation of the terms of this 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 Borough reserves the right to cancel this contract.
G. The form of contract shall be submitted by the Borough to the successful bidder. Terms of
the specifications/bid package prevail. Bidder exceptions must be formally accepted by the
Borough; material exceptions shall not be approved.
H. Successful bidder/respondent shall complete W-9 Form and submit to the owner prior to
contract award. The form is available at the following link: www.irs.gov/pub/irs-pdf/f29.pdf
I. Government entities are not private business/consumer clients; therefore, separate
company agreements are not honored. Terms of the specifications/bid package prevail
unless otherwise noted by the vendor as exceptions.
8.
CAUSES FOR REJECTING BIDS
Bids may be rejected for any of the following reasons:
A. All bids pursuant to N.J.S.A. 40A:11-13.2;
B. If more than one bid is received from an individual, firm or partnership, corporation, or
association under the same name;
C. Multiple bids from an agent representing competing bidders;
D. The bid is inappropriately unbalanced;
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E. If the successful bidder 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 owner may accept the bid of the next lowest responsible bidder. (N.J.S.A.
40A:11-24b)
9.
NEW JERSEY PREVAILING WAGE ACT (When Applicable) N.J.S.A. 34:11-56.25 et seq.
Pursuant to N.J.S.A. 34:11-56.25 et seq, contractors on projects for public work shall adhere
to all requirements of the New Jersey Prevailing Wage Act. The contractor shall be required to
submit a certified payroll record to the owner within ten (10) days of the payment of wages.
The contractor is also responsible for obtaining and submitting all subcontractors’ certified
payroll records within the aforementioned time period. The contractor shall submit said
certified payrolls in the form set forth in N.J.A.C. 12:60-6.1(c). It is the contractor’s
responsibility to obtain any additional copies of the certified payroll form to be submitted by
contacting the New Jersey Department of Labor and Workforce Development, Division of
Workplace
Standards.
Additional
information
is
available
at
http://lwd.dol.state.nj.us/labor/wagehour/wagerate/wage_rates.html. In the event it is found
that any worker, employed by the contractor or any subcontractor has been paid a rate of
wages less than the prevailing wage required to be paid, the owner may terminate the
contractor’s or subcontractor’s right to proceed with the work, or such part of the work as to
which thee has been a failure to pay required wages and the contractor and subcontractor then
be required to continue the work to completion or otherwise.
10.
THE PUBLIC WORKS CONTRACTOR REGISTRATION ACT–N.J.S.A. 34:11-56.48 et seq.
N.J.S.A. 34:11-56.48 et seq. requires that a general or prime contractor and any listed
subcontractors named in the contractor’s bid proposal shall possess a certificate at the time
the bid proposal is submitted. After bid proposals are received and prior to award of contract,
the successful contractor shall submit a copy of the contractor’s certification along with those
of all listed subcontractors. All non-listed subcontractors and lower tier sub-subcontractors
shall be registered prior to starting work on the project. It is the general contractor’s
responsibility that all non-listed sub-contractors at any tier have their certificate prior to
starting work on the job.
Under the law a “contractor” is “a person, partnership, association, joint stock company, trust,
corporation or other legal business entity or successor thereof who enters into a contract” which
is subject to the provisions of the New Jersey Prevailing Wage Act (N.J.S.A. 34: 11-56.25, et
seq.) It applies to contractors based in New Jersey or in another state.
The law defines “public works projects” as contracts for “public work” as defined in the
Prevailing Wage statue (N.J.S.A. 34:11-56.25(5)). The term means:
•
“Construction, reconstruction, demolition, alteration, or repair work, or maintenance
work, including painting and decorating, done under contract and paid for in whole or
in part out of the funds of a public body, except work performed under a rehabilitation
program.
•
“Public work” shall also mean construction, reconstruction, demolition, alteration, or
repair work, done on any property or premises, whether or not the work is paid for from
public funds…”
•
“Maintenance work” means the repair of existing facilities when the size, type or extent
of such facilities is not thereby changed or increased. White “maintenance” includes
painting and decorating and is covered under the law, it does not include work such as
routine landscape maintenance or janitorial services.
To register, a contractor must provide the State Department of Labor and Workforce
Development with a full and accurately completed application form. The form is available online
at http://lwd.dol.state.nj.us/labor/wagehour/regperm/pw_cont_reg.html.
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N.J.S.A. 34:11-56.55 specifically prohibits accepting applications for registration as a substitute
for a certificate or registration.
11.
EQUIPMENT CERTIFICATION
Bidder shall certify on the Equipment Certification form that they control or have access to
equipment necessary to do the required work if awarded the contract. If the bidder does not
own or lease the equipment, a certification from the owner of the equipment that the bidder
will have access to the equipment is required with the bid. (N.J.S.A. 40:11-20)
12.
NON-COLLUSION AFFIDAVIT – N.J.S.A. 52:34-15
The Non-Collusion Affidavit, which is part of these specifications, shall be properly executed
and submitted intact with the proposal.
13.
NEW JERSEY ANTI-DISCRIMINATION – N.J.S.A. 10:2-1
There shall be no discrimination against any employee engaged in the work required to produce
the goods and services covered by any contract resulting from this bid, or against any applicant
to such employment because of race, religion, sex, national origin, creed, color, ancestry, age,
marital status, affectional or sexual orientation, familial status, liability for service in the Armed
Forces of the United States, or nationality. This provision shall include, but not be limited to
the following: employment upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation, and selection
for training, including apprenticeship. The contractor shall insert a similar provision in all
subcontracts for services to be covered by any contract resulting from this bid.
14.
MANDATORY EEO/AFFIRMATIVE ACTION EVIDENCE – N.J.S.A. 10:5-31 et seq. and
N.J.A.C. 17-27 et seq.
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. as administered by the Division of
Purchase & Property Contract Compliance and Audit Unit (Division) and provided below. The
contract will include the language included as Attachment A in this specification.
1. Goods, Professional Services and Service 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 Letter of Federal Approval indicating that the vendor is under an existing federally
approved or sanctioned affirmative action program. A copy of the letter must be
provided by the vendor to the Public Agency and Division. This approval letter is valid
for one year from the date of issuance.
ii. A Certificate of Employee Information Report (hereafter “Certificate”), issued in
accordance with N.J.A.C. 17:27 et seq. The vendor must provide a copy of the
Certificate to the Public Agency as evidence of its compliance with the regulations. The
Certificate represents the review and approval of the vendor’s Employee Information
Report, Form AA-302 by the Division.
iii. The successful bidder shall complete an Initial Employee Report, Form AA-302 and
submit it to the Division with a check or money order for $150.00 made payable to
“Treasurer, State of New Jersey" and forward a copy of the Form to the Public Agency.
Upon submission and review of the Division, the Report shall constitute evidence of
compliance with the regulations.
2. Construction Contracts
All successful contractors shall complete and submit an Initial Project Manning Report
(AA201-available
on-line
at
www.state.nj.us/treasury/contract_compliance
upon
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notification of award. Proper completion and submission of this Report shall constitute
evidence of the contractor’s compliance with the regulations. Failure to submit this form
may result in the contract being terminated. The contractor also agrees to submit a copy
of the Monthly Project Workforce Report, Form AA-202 once a month thereafter for the
duration of the contract to the Department of LWD and to the Public Agency.
15.
AMERICANS WITH DISABILITIES ACT OF 1990 – 42 U.S.C. S121 01 et seq.
Discrimination on the basis of disability in contracting for the purchase of goods and services
is prohibited. Bidders are required to read Americans with Disabilities language that is included
in 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 owner harmless
for any violations committed under the contract.
16.
WORKER AND COMMUNITY RIGHT TO KNOW ACT – N.J.S.A. 34:5A-1 et seq.
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-1 et seq., and N.J.A.C.
5:89-5 et seq.). All direct use containers shall bear a label indicating the chemical name(s) and
Chemical Abstracts Service number(s) of all hazardous substances in the container, and all
other substances which are among the five most predominant substances in the container, or
their trade secret registry number(s) pursuant to N.J.A.C. 8:59-5. “Container” means a
receptacle used to hold a liquid, solid or gaseous substance such as bottles, bags, barrels, cans,
cylinders, drums, and cartons. (N.J.A.C. 8:59-1.3). Further, all applicable Material Safety Data
Sheets (MSDS) – hazardous substance fact sheet – must be furnished. All containers which are
stored at an owner’s facilities by the contractor or subcontractors shall display RTK Labeling.
Vendors with questions concerning labeling should contact the new Jersey Department of
Health and Senior Services Right to Know Program for assistance in developing proper labels.
www.nj.gov/health/workplacehealthandsafety/right-to-know
17.
STATEMENT OF CORPORATE OWNERSHIP – N.J.S.A. 52:25-24.2 (P.L. 1977 c.33)
In accordance with N.J.S.A. 52:25-24.2, no corporation, partnership, limited partnership,
limited liability corporation, limited liability partnership, Subchapter S corporation or sole
proprietorship, shall be awarded a contract, unless prior to the receipt of the bid or
accompanying the bid of the corporation, partnership, limited partnership, there is submitted
to the Borough a statement setting forth the names and addresses of all stockholders who own
10% or more of the stock, of any class or of all individual partners who own a 10% or greater
interest in the corporation, partnership. Limited partnership, limited liability corporation, limited
liability partnership, Subchapter S corporation or sole proprietorship. If one or more such
stockholder or partner is itself a corporation or partnership, the stockholders holding 10% or
more of that corporation’s stock, or the individual partners owning 10% or greater interest in
that partnership, as the case may be, shall also be listed. The disclosure shall be continued
until names and addresses of every noncorporate stockholder and individual partner, exceeding
the 10% ownership criteria established in this act has been listed. This form shall be signed
and submitted with the bid/proposal whether or not a stockholder or partner owns less than
10% of the business submitting the bid. Failure to comply requires mandatory rejection of the
bid/proposal. Not-for-profit entities should fill in their name, check the not-for-profit box, and
certify the form. No other information is necessary
18.
INSURANCE AND INDEMNIFICATION
If it becomes necessary for the contractor, either as principal or by agent or employee, to enter
upon the premises or property of the owner in order to construct, erect, inspect, make delivery
or remove property hereunder, the contractor hereby covenants and agrees to take use,
provide and make all proper, necessary and sufficient precautions, safeguards, and protection
against the occurrence of happenings of any accident, injuries, damages, or hurt to person or
property during the course of the work herein covered and be his/her sole responsibility.
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The contractor further covenants and agrees to indemnify and save harmless the owner from
the payment of all sums of money or any other consideration(s) by reason of any, or all, such
accidents, injuries, damages, or hurt that may happen or occur upon or about such work and
all fines, penalties and loss occurred for or by reason of the violation of any owner regulation,
ordinance or the laws of the State, or the United States while said work is in progress.
The contractor shall maintain sufficient insurance to protect against all claims under Workers
Compensation, General Liability and Automobile and shall be subject to approval for adequacy
of protection and certificates of such insurance shall be provided with the owner named as
additional insured.
A. Insurance Requirements
The insurance documents indicated by an (X) shall include but are not limited to the
following coverages. The successful bidder shall provide coverage so that all insurance
coverage must be in effect no later than 12:01 A.M. EST at the start of the day of the contract
and remain in effect for the duration of the contract, including any extensions.
Worker’s Compensation and Employer’s Liability Insurance
This insurance shall be maintained in full force during the life of this contract by the bidder
covering all employees engaged in performance of this contract pursuant to N.J.S.A. 34:15-
12(a) and N.J.A.C. 12:35-1.6. Minimum Employer’s Liability $1,000,000.00.
General Liability Insurance
This insurance shall have limits of not less than $3,000,000.00 any one person and
$3,000,000.00 any one accident for bodily injury and $3,000,000.00 aggregate for property
damage and shall be maintained in force during the life of the contract.
Automobile Liability Insurance
This insurance covering bidder for claims arising from owned, hired and non-owned vehicles
with limits of not less than $3,000,000.00 any one person and $3,000,000.00 any one accident
for bodily injury and $3,000,000.00 each accident for property damage, shall be maintained in
force during the life of this contract by the bidder.
B. Certificates of the Required Insurance
Certificates of Insurance for those policies required above shall be submitted along with the
contract. Such coverage shall be with insurance companies authorized to do business in the
State of New Jersey and shall name the OWNER as an additional insured.
Self-insured contractors shall submit an affidavit attesting to their self-insured coverage and
shall name the OWNER as an additional insured.
C. Indemnification
The Contractor agrees to indemnify and hold harmless the owner, its officers, agents, and
employees, from all claims, suits or actions, and damages or costs of every name and
description to which the owner may be subjected or put by reason of injury to the person or
property of another, or the property of the owner, resulting from:
a) negligent acts or omissions on the part of the contractor, the contractor’s agents,
servants, or subcontractors in the delivery of goods and services, or in the performance
of the work under the contract; and,
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b) the use of any copyrighted or copyrighted composition, valid trademark, secret process,
patented or unpatented invention or article furnished or used in the performance of this
contract.
The Borough of Middlesex will not accept Mutual Limitation of Liability terms.
19.
PAYMENT
A. Payment will be made after a properly executed Borough voucher has been received and
formally approved on the voucher list by the Governing Body at its subsequent regular
meeting. The voucher will be certified correct by the department/division head who
received the goods or services.
B. The owner may withhold all or partial payments on account of subsequently discovered
evidence including but not limited to the following:
1. Deliverables not complying with the project specification;
2. Claims filed or responsible evidence indicating probability of filing claims;
3. A reasonable doubt that the contract can be completed for the balance then unpaid.
C. When the above grounds are removed, payment shall be made for amount withheld because
of them.
D. Public funds may be used to pay only for goods delivered or services rendered. The owner
shall not pay penalties and/or interest on overdue bills unless otherwise required by law.
No employee is authorized to sign a letter of credit or any other document that represents
a legal commitment on the part of the owner to pay additional fees.
20.
TERMINATION
A. If, through any cause, the contractor shall fail to fulfill in a timely manner obligations under
the contract or if the contractor shall violate any of the requirements of the contract, the
Borough 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 Borough of any obligation for balances to the contractor of any
sum or sums set forth in the contract. The Borough will pay for goods and services accepted
prior to termination.
B. Notwithstanding the above, the contractor shall not be relieved of liability to the Borough
for damages sustained by the Borough by virtue of any breach of the contract by the
contractor and the Borough may withhold any payments to the contractor for the purpose
of compensation until such time as the exact amount of the damage due the Borough from
the contractor is determined.
C. The contractor agrees to indemnify and hold the Borough 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 Borough under this provision.
D. In case of default by the contractor, the Borough may procure the goods and 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
Borough reserves the right to cancel the contract.
F. It is understood by all parties that if, during the life of the contract, the contractor disposes
of his/her business concern by acquisition, novation, merger, sale and/or transfer or by any
means convey his/her interest(s) to another party, all obligations are transferred to the
new party. In this event, the new owner(s) will be required to submit all
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documentation/legal instruments that were required in the original bid/contract. Any
changes shall be approved by the Borough.
H. 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 Borough.
I. The Borough may terminate the contract for convenience by providing sixty (60) calendar
days advanced notice to the contractor.
J. The contractor shall maintain all documentation related to products, transactions, or
services under this contract for a period of five years from the date of final payment. Such
records shall be available to the New Jersey Office of the State Comptroller upon request.
J. For contracts that exceed one year, each fiscal year payment obligation of the Borough is
conditioned upon the availability of Borough funds appropriated or allocated for the
payment of such an obligation. If funds are not allocated and available for the continuance
of any services performed by the bidder awarded the contract (contractor) hereunder,
whether in whole or in part, the Borough at the end of any particular fiscal year may
terminate such services. The Borough will notify the contractor in writing immediately of
any services that will be affected by a shortage of appropriated funds. This provision shall
not be construed so as to permit the Borough to terminate the contract during the term, or
any service hereunder, merely in order to acquire identical services from another
contractor.
K. Neither party shall be responsible for any resulting loss or obligation to fulfill duties as
specified in any of the terms or provisions of a contract if the fulfillment of any term or
provision of the contract is delayed or prevented by any revolutions, insurrections, riots,
wars, acts of enemies, national emergencies, strikes, floods, fires, acts of God, or by any
cause not within the control of the party whose performance is interfered with which by the
exercise of reasonable diligence such party is unable to prevent. Additionally, if the
fulfillment of any of the terms and provisions of the contract is delayed or prevented by any
court order, or action or injunction or other such agreement, the contract shall become
voidable by the Borough by notice to the parties.
21.
ACQUISITION, MERGE, 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 owners(s) will be required to submit, when required, a performance bond in the
amount of the open balance of the contract.
22.
ADDITIONS/DELETIONS OF SERVICE
The Borough reserves the right to add and/or delete services to this contract. Should a service
requirement be deleted, payment to the Contractor will be reduced proportionally to the
amount of service deleted in accordance with the bid price. Should additional services be
required, payment to the Contractor will be increased proportionally to the amount of service
added in accordance with the bid price.
23.
Vendor’s literature and/or pricing sheets will not be accepted in lieu of completing the proposal
blank(s) set forth in these specifications.
24.
Bidders shall not write in margins or alter the official content or requirements of the Borough
bid documents.
25.
SPECIFICATIONS
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Any prospective bidder who wishes to challenge a bid specification shall file such challenges in
writing with the contracting agent no less than three business days prior to the opening of the
bids. Challenges filed after that time shall be considered void and having no impact on the
contracting unit or the award of contract.
26.
OWNERSHIP OF MATERIAL
The owner shall retain all of its rights and interest in any and all documents and property both
hard copy and digital furnished by the owner to the contractor for the purpose of assisting the
contractor in the performance of this contract. All such items shall be returned immediately to
the owner at the expiration or termination of the contract or completion of any related services,
pursuant thereto, whichever comes first. None of the documents and/or property shall, without
the written consent of the owner, be disclosed to others or used by the contractor or permitted
by the contractor to be used by their parties at any time except in the performance of the
resulting contract.
Ownership of all data, materials and documentation originated and prepared for the owner
pursuant to this contract shall belong exclusively to the owner. All data, reports, computerized
information, programs, and materials related to this project shall be delivered to and become
the property of the owner upon completion of the project. The contractor shall not have the
right to use, sell, or disclose the total of the interim or final work products, or make available
to third parties, without the prior written consent of the owner. All information supplied to the
owner may be required to be supplied on CD-ROM media compatible with the owner’s computer
operating system, windows based, Microsoft Office Suite 2010.
27.
TRUTH IN CONTRACTING LAW
➢ N.J.S.A. 2C:21-34, et seq. governs false claims and representation. It is a serious crime
for the bidder 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 bidder commits a crime if said person, directly or
indirectly, confers or agrees to confer any benefit not allowed by law to a public servant.
➢ Bidder should consult the statutes or legal counsel for further information.
28.
PROOF OF N.J. BUSINESS REGISTRATION CERTIFICATE N.J.S.A. 52:32-44
Pursuant to N.J.S.A. 52:32-44, the Borough of Middlesex (“Contracting Agency”) is prohibited
from entering into a contract with an entity unless the bidder/proposer/contractor, and each
subcontractor that is required by law to be named in a bid/proposal/contract has a valid
Business Registration Certificate on file with the Division of Revenue and Enterprise Services
within the Department of the Treasury.
Prior to contract award or authorization, the contractor shall provide the Contracting Agency
with its proof of business registration and that of any named subcontractor(s). Subcontractors
named in a bid or other proposal shall provide proof of business registration of the bidder, who
in turn, shall provide it to the Contracting Agency prior to the time a contract, purchase order,
or other contracting document is awarded or authorized.
During the course of contract performance:
1. The contractor shall not enter into a contract with a subcontractor unless he subcontractor
first provides the contractor with a valid proof of business registration.
2. The contractor shall maintain and submit to the Contracting Agency a list of
subcontractors and their addresses that may be updated from time to time. A complete
and accurate list shall be submitted before final payment is made for goods and services
rendered under the contract.
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3. The contractor and any subcontractor providing goods or performing services under the
contract, and each of their affiliates, shall collect and remit to the Director of the Division
of the Division of Taxation in the Department of the Treasury, the use tax due pursuant
to the Sales and Use Tax Act, N.J.A.A. 54:32B-1 et seq.) on all sales of tangible personal
property delivered into the State. Any questions in this regard can be directed to the
Division of Taxation of (609) 292-6400. Form NJ-REG can be filed online at
www.state.nj.us/treasury/revenue/busregcert.shtml.
Failure to submit the BRC with the bid is NOT a cause for rejection. However, the owner prefers
the BRC be submitted with the bid response. If it is not provided prior to execution of a contract
the bidder’s bid guarantee shall be forfeited and the contract shall be awarded to the next
lowest responsible bidder.
Pursuant to N.J.S.A. 54:49-4.1, a business organization that fails to provide a copy of a
business registration as required, or that provides false business registration information, shall
be liable for a penalty of $25 for each day of violation, not to exceed $50,000, for each proof
of business registration not properly provided under a contract with a Contracting Agency.
Emergency Purchases or Contracts
For purchase of an emergent nature, the contractor shall provide its Business Registration
within two (2) weeks from the date of purchase or execution of the contract or prior to payment
for goods or services, whichever is earlier.
A BRC is obtained from the New Jersey Division of Revenue and Enterprise Services.
Information
on
obtaining
a
BRC
is
available
on
the
internet
at
www.nj.gov/treasury/revenue/busregcert.shtml or by phone at (609) 292-2929.
29.
PAY TO PLAY – NOTICE OF DISCLOSURE REQUIREMENT
Business entities are advised of their responsibility to file an annual disclosure statement of
political contributions with the New Jersey Election Law Enforcement Commission (ELEC)
pursuant to N.J.S.A. 19:44A-20.27 if they receive contracts in excess of $50,000 from public
entities in a calendar year. Business entities are responsible for determining if filing is
necessary. Additional information on this requirement is available from ELEC at 888-313-3532
or at www.elec.state.nj.us.
30.
NON-PAYMENT OF PENALTIES AND INTEREST ON OVERDUE BILLS
Public funds may be used to pay only for goods delivered or services rendered. The Borough
will not pay penalties and/or interest on overdue bills. No employee is authorized to sign a
letter of credit or any other document that represents a legal commitment on the part of the
Borough to pay additional fees.
31.
W-9
Successful bidder/respondent shall complete W-9 Form and submit to Purchasing prior to
contract award. The form is available at the following link: www.irs.gov/pub/irs-pdf/fw9.pdf
32.
HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996-HIPAA (If
Applicable)
Both parties agree to comply with all requirements of the Federal Health Insurance Portability
and Accountability Act of 1996 (“HIPAA”) as maybe amended from time to time, and the
corresponding HIPAA regulations for the confidentiality and security of medical information.
The Contractor shall:
• Not use or disclose protected health information other than as permitted or required by law
• Use appropriate safeguards to protect the confidentiality of the information
• Report any use or disclosure not permitted
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The contractor, by execution of the contract, shall thereby indemnify and hold the Borough
harmless from any and all liabilities, claims, actions, costs, and penalties which may be incurred
as the result of the failure of the contractor to comply with the requirements of the Health
Insurance Portability and Accountability Act (HIPAA) or any other statute or case law protecting
the privacy of persons using its services.
33.
PUBLIC EMERGENCY
In the event of a Public Emergency declared at the Local, State or Federal Level, if the owner
opts to extend terms and conditions of this bid, the contractor agrees to extend the terms and
conditions of this bid, whether existing, expiring or expired no longer than six months, for
goods and/or services for the duration of the emergency. In the event the original contractor
cannot meet this requirement, the owner may solicit the goods and/or services from any bidder
on this contract.
34.
The owner and the Contractor each bind themselves and their successors, executors,
administrators, heirs and assigns and legal representatives of the other party respecting all
covenants and agreements and obligations of this contract.
35.
The terms of this Agreement shall be construed and interpreted, and all respective rights and
duties of the parties shall be governed by the laws of the State of New Jersey.
36.
CERTIFICATION OF PROHIBITED ACTIVITIES IN RUSSIA AND BELAURUS &
INVESTMENT ACTIVITIES IN IRAN PURSUANT TO P.L.2022,c.3
N.J.S.A. 52:32-55 et seq.; P.L. 2022, c. 3 prohibits the award, renewal, amendment, or
extension of State and local public contracts for goods or services with persons or entities
engaging in prohibited activities in Russia or Belarus. P.L. 2012, c.25 prohibits the award or
renewal of State and local public contracts for goods and services with persons or entities
engaged in certain investment activities in the energy or finance sectors of Iran. Before a goods
and services contract can be entered into, vendors and contractors must certify that neither
they nor any parent entity, subsidiary, or affiliate is listed on the New Jersey Department of
the Treasury’s list of entities determined to be engaged in prohibited activities in Russia or
Belarus pursuant to P.L. 2022, c. 3 (“Russia-Belarus list”) or in Iran pursuant to P.L. 2012, c.
25 ("Chapter 25 list").
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SPECIFICATIONS
The Borough of Middlesex (owner) requests bids from contractors for the provision of electrical services
such as repairs, upgrade, stabilization of electrical systems at the Borough’s facilities to the original
design and/or constructed condition, or to reinforce, rehabilitate or upgrade or replace as directed by the
owner’s Department of Public Works or designee.
The owner reserves the right to add or remove facilities during the contract period as referenced below.
Contractors will be utilized on an as needed or emergency basis. No guarantees are made for or implied
for the total value of the contract for owner only purposes.
All bidders must be qualified and responsible. If the bidder is doing business as a sole proprietorship, the
bidder must hold a valid license in its name and be in good standing with the relevant licensing
authority. If the bidder is doing business in the corporate form, then in addition to the foregoing, the
bidder must be in good standing with the office of the Secretary of State, having complied with relevant
filing and reporting requirements.
ESTIMATE OF WORK HOURS
The owner does not and will not warrant or guarantee the amount of work hours to be supplied/required
on any given day, week, month, or year, or in the aggregate, pursuant to any contractual agreement
awarded under these bid specifications. Nothing contained in any of the bid documents shall be
construed to guarantee or warrant any amount of work hours.
Nothing herein shall entitle the Contractor to any claim to an hourly price increase for lost profits or for
any other compensation whatsoever in the event that the actual work hours supplied/required under this
agreement are more or less than estimated work hours.
A highly recommended pre-bid meeting/inspection of sites will be held Monday, March 25, 2024,
beginning at 10:00 AM at 1200 Mountain Avenue, Middlesex, New Jersey.
Each bidder shall examine and become thoroughly familiar with all existing conditions, including all
applicable laws, ordinances, rules, and regulations that will affect the work, prior to submitting a
proposal. The bidder shall visit the sites, examine the existing conditions, equipment, and systems, and
ascertain by any reasonable means all conditions that will in any manner affect the work, in order to be
fully informed prior to submitting a proposal. These specifications are intended to present an essentially
accurate indication of the systems currently in place. This, however, shall not relieve the bidder of the
necessity for fully informing himself/herself as to the existing conditions.
1.0 BASIS OF BID AWARD
1.1 Bidders must submit the price for labor based on the hourly rate to be charged for electrical services.
The hourly rate shall apply to all workers, without regard to title or worker classification. The hourly
rate is not a payroll rate. The bidder’s responsibility to pay prevailing wages is not affected by bidding a
single hourly rate. For purposes of the award of this contract, the winning bidder shall be the bidder that
presents the Borough with the lowest average hourly rate (exclusive of overtime rates) for Year One and
Year Two of this contract.
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1.2 The owner reserves the right to award multiple contracts to the lowest responsive and responsible
bidder, as the Primary contractor and to the second lowest responsive and responsible bidder as the
Secondary contractor. In the event of the inability or failure of the Primary contractor to respond to a
request for service within 2 hours, the Secondary contractor will be notified of the request for service.
1.3 The Department of Public Works or designee shall determine if the Primary Contractor is unable or
fails to respond.
1.4 Work to be provided at various locations within the Borough of Middlesex at all properties owned or
leased by the owner. As an aid to bidders, a representative inventory of the owner’s locations is listed
below:
Borough Hall – 1200 Mountain Avenue
Recreation/Senior Building/Rescue Squad – 1400 Mountain Avenue
Police Department – 1100 Mountain Avenue
Recycling Center – 1200 Mountain Avenue
Pumping Station – Utility located at Marshal and Union Avenue
Department of Public Works – 110 Main Street
Parks Department – Located behind Mountain View Park
Mountain View Park/Cook Field/Haverstick/Lincoln Park/Victor Crowell Park
The Contractor shall be required to work on any facilities not enumerated herein but added to this list by
the Borough during the term of this contract.
2.0 CONTRACTORS REQUIREMENTS
2.1 All bidders must possess a State of New Jersey MASTER ELECTRICIANS license for Electrical.
Said License is equal to an Electrician who is the holder of a Valid License issued by the NJ Board of
Examiners of Electrical Contractors. A copy of said license must be attached to this bid and must
provide proof of licensure with the bid response.
2.2 Each bidder must submit with their bid an experience statement naming facilities presently
under contract along with the names and phone numbers of the main contact person at each facility. The
owner has the right to validate the work performed at each facility listed by the bidder with phone calls
and/or site visits.
2.3 Contractor shall:
(a) Perform in a professional manner on a timely basis by qualified, competent personnel authorized to
work at Borough facilities in which they provide services;
(b) Not infringe or encroach upon any party’s personal, contractual, or proprietary rights, including
patent, trademark and service mark, copyright, right of privacy or trade secret rights;
(c) Provide materials of good quality and without defect, and conform to all specifications and other
descriptions set forth herein; further represents and warrants that all goods furnished in the provision of
services will be new unless otherwise specified and agreed to in writing by the Department of Public
Works or designee, will be free from defects in materials, workmanship, and design, and will conform to
all applicable manufacturer’s specifications;
(d) Be in conformity with all federal, state, or local laws, regulations, or orders.
2.4 The Contractor shall provide a cost estimate to Owner for work in excess of $1,000.
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Prevailing Wage requirements apply to certain functions to be determined at time of work. The
Contractor shall respond with a cost estimate within 24 hours, excluding weekend and holidays. If at the
discretion of the Department of Public Works or designee, the job/cost estimate is more complicated or
requires site verification or visit, the response time will be adjusted accordingly, up to 48 hours
excluding weekends and holidays.
2.5 Failure of the Contractor to respond as required will constitute non-performance and the owner shall
be entitled to take steps to secure compliance through written and verbal communication to the
contractor. The owner reserves the right to rescind award due to continuing non-performance factors that
have been brought to the contractor’s attention in
writing.
2.6 Contractor shall not subcontract any services under this agreement.
2.7 The contractor shall be experienced in testing, servicing, repairing, and replacing equipment of the
types to be installed in the owner’s facilities and properties.
2.8 The contractor shall coordinate its work with other owner contractors and/or owner personnel so as
to avoid any interruption of work to owner facilities and programs.
2.9 If required, the contractor shall be responsible for obtaining permits and inspections for all projects
under this contract.
2.10 The Contractor shall assign only those personnel necessary to accomplish the work and shall not
assign more workers than are required.
3.0 REQUEST FOR SERVICES
3.1 Requests for services at any building or facility shall only be made by an authorized representative
of the owner.
3.2 The Contractor must provide service twenty-four (24) hours a day, seven (7) days a week, 365 days
a year.
3.3 The Department of Public Works or designees will place all requests for service directly to the
Contractor by written work order or by phone call confirmed with an e-mail or fax. The Contractor shall
reply to all messages within one hour, and to written work orders within twenty-four to forty-eight (48)
hours.
3.4 The contractor’s representative or service technician shall sign in and sign out at each job location
noting time of arrival and time of departure for each day he is at the work site. Owner will not be
responsible for payment of services while contractor or service representative takes meal breaks. Owner
must be notified if contractor or service representative needs to travel to store/warehouse to pick up
needed equipment. This will allow proper monitoring of travel time for needed emergency parts.
4.0 RESPONSE TIME
4.1 Standard Service
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The contractor must provide service twenty-four (24) hours a day, seven (7) days a week, 365 days a
year. The contractor shall respond to a request for maintenance or repair services within twenty-four
(24) hours to forty-eight (48) for non-emergency requests, excluding weekends and holidays.
4.2 Emergency Service
The Department of Public Works or designee requesting service shall determine if the request is an
emergency request. Due to the urgency of emergency service, the contractor shall have the capability of
responding to a request for emergency services within two (2) hours. The two (2) hour response time
applies to Regular Time, Overtime, Saturdays, Sundays, and Holidays.
5.0 MATERIALS/FURNISHING PARTS/EQUIPMENT
5.1 Materials
5.1.1 The owner will only pay for materials that have been authorized and used to complete each work
order. The contractor shall furnish all parts and/or materials required unless the owner elects to furnish
them.
5.2 Furnishing Parts
5.2.1 The contractor shall provide repair parts to complete a project. Replacement parts will be based on
a percentage discount from the Manufactures Suggested Retail Prices (MSRP). All invoices submitted to
the owner for payment by the contractor that contain charges for approved parts must show the MSRP
and the discounted price.
5.2.2 In performing all of the required services under this contract, the Contractor agrees to provide only
genuine parts that are recommended and/or approved by the manufacturer(s) of the equipment for
replacement or repair, and to use only those lubricants obtained from and/or recommended or approved
by the manufacturer(s) of the equipment. Equivalent parts or lubricants may be used if approved by the
owner in advance. The contractor shall not permanently remove from the job site any parts or equipment
covered under this contract, unless first given written approval by the owner. This does not include
renewal parts stocked on the job by the contractor, if any, which shall remain the sole property of the
contractor.
5.2.3 The Contractor agrees that the supplies or services furnished under this contract shall be covered
by the most favorable commercial warranties the Contractor gives to any customer for such supplies or
services, and that the rights and remedies provided herein are in addition to and do not limit any rights
afforded to the owner by any other clause of this contract. Copies of such warranties shall be submitted
to the owner upon completion of work.
5.3 Equipment
5.3.1 The contractor shall provide all tools, machinery, apparatus, and equipment customarily required
to accomplish all work required by the owner. The cost of all such tools, machinery, apparatus, and
equipment shall be included in the hourly base bid for labor. No separate payment shall be made, except
for such equipment not customarily required for the services to be provided. Examples include rental of
bucket trucks, backhoes, and similar large, specialized equipment.
5.3.2 Billing for specialized equipment shall be in accordance with prevailing rental rates, in increments
of half days, for the time actually spent on the project. In the event of billing disputes, NJDOT force
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account provisions shall govern. The contractor’s mark-up on equipment rental costs shall not exceed
ten percent (10%).
6.0 CONTRACT TERM
6.1 The effective period of this contract shall be for two (2) years. If, during the effective period of this
agreement, the Contractor violates any of the provisions of this contract or fails to properly provide
services required by this contract as judged by the owner in its sole discretion, the owner may terminate
the contract. (See also Termination Clauses.)
7.0 CONTRACT PRICE AND PAYMENT PROCEDURES
7.1 Payment shall be made in accordance with the rate bid on the proposal sheet. The hourly rate bid
should include all costs of labor, overhead and transportation. The hours for which payment shall be
made will be for the time on the job site only. There will be no allowance for travel time, mileage, or
meal breaks.
7.2 The contractor shall record all service on a Service Order Report (invoice) that shall include the
nature of the request for service, the evaluation of the problem, a description of the work performed, a
listing of materials used, and the time arrived on site and the time departed.
7.3 The Service Order Report shall be signed by the Department of Public Works or designee, and a
copy provided to the owner. All invoices shall include a copy of the signed Service Order Report.
7.4 Invoices shall be submitted to the Department of Public Works, 1200 Mountain Avenue, Middlesex,
NJ 08846. The invoices shall be forwarded to the appropriate departments for processing. Billings for
labor shall be in half-hour increments.
7.5 The owner must receive such report (invoice) within two weeks of job completion.
8.0 SPECIAL CONDITIONS
8.1 Neither this contract nor any interest therein nor claim thereunder shall be assigned or transferred by
the Contractor except as expressly authorized in writing by the owner. The Contractor shall make no
contract with any other party for furnishing any of the work or services herein without the written
approval of the owner.
8.2 The Contractor may choose to enter into a Hold Harmless Agreement (Exhibit B) with the owner
which, upon execution by the owner, will permit the Contractor to utilize Department of Public Works-
owned ladders, scissor lift, and various other equipment, when available, on an occasional, emergency
basis.
8.3 The Contractor may be required under this agreement to install new attachments as may be
recommended or directed by insurance companies, federal, state, municipal, or other governmental
authorities, subsequent to the date of this contract, and will be compensated for such installation at
prevailing contract rates.
8.4 All Prevailing Wage jobs require the submission of monthly certified payrolls to the owner.
9.0 OWNERS’ RIGHT TO INSPECT AND REQUIRED WORK
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9.1 The owner reserves the right to make such inspections and tests as may be necessary to
ascertain that the requirements of this agreement are being fulfilled. Deficiencies noted shall be
corrected by the Contractor within 24 hours.
10.0 OVERTIME AND HOLIDAYS
10.1 It is the policy of the owner to avoid scheduling any work that exceeds eight (8) hours a day and to
avoid scheduling any work on Saturdays, Sundays, and holidays. Therefore, the lowest responsive,
responsible contractor shall be determined by the hourly billing rate bid exclusive of contractor’s
overtime rate.
10.2 In the event that the owner asks the Contractor to work after hours, the allowance of a
time and a half rate charge and/or double time rate charge will be in accordance with the
following schedule:
1 ½ times the hourly rate bid for:
-
All hours in excess of eight (8) per day, Monday through Friday, and all hours on Sat.
2 times the hourly rate bid for:
-
All hours on Sundays and Holidays.
10.3 The owner shall not pay for overtime work except in the case of an emergency service call,
and where authorized by the owner’s Department of Public Works or designee.
11.0 SPECIFIC CONDITIONS
The purpose of this bid is to engage a competent firm having the required manpower, equipment,
abilities and certifications to test and service any of the Borough facilities electrical systems including,
but not limited to:
11.1.1 Light structures
11.1.2 Electrical outlets.
11.1.3 Electrical appliances.
11.1.4 Underground electrical wiring.
11.1.5 Trouble shoot electrical problems at Borough owned properties/facilities.
Not included in this service contract are:
Irrigation systems
Wells and appurtenances
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BOROUGH OF MIDDLESEX
EXCEPTIONS
For each exception, the bidder must identify the specific section of specifications by providing the number and
title the exception applies to. It is the responsibility of the bidder to document the equivalence claim in writing.
Submitting product brochures is not an acceptable claim of equivalence.
(IF NONE SO STATE)
USE ADDITIONAL SHEET IF NECESSARY
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24
BOROUGH OF MIDDLESEX
BID DOCUMENT CHECKLIST
Required
With
Bid
Read, Signed
& Submitted
Bidder’s Initial
A.
FAILURE TO SUBMIT ANY OF THESE ITEMS IS MANDATORY CAUSE FOR
REJECTION OF BID
Stockholder Disclosure Certification
Acknowledgement of Receipt of Addenda (To be Completed if Addenda are Issued)
Required Evidence EEO/Affirmative Action Regulations Questionnaire
Non-Collusion Affidavit
Bid Guarantee (bid bond or certified/cashier’s check)
(with Power of Attorney for full amount of Bid Bond)
Consent of Surety (Certificate from Surety company)
Surety Disclosure Statement and Certification
Performance Bond
Labor and Material (Payment) Bond
Maintenance Bond
B.
MANDATORY ITEM(S), REQUIRED NO LATER THAN TIME PERIOD INDICATED
Business Registration Certificate – Bidder – Prefer with Bid Response. Required by Law
prior to award of contract
Business Registration Certificate – Designated Subcontractor(s) – Prefer with Bid Response.
Required by Law prior to award of contract
Public Works Contractor Registration Certificate(s) for the Bidder and Designated
Subcontractors (Prior to Award, but effective at time of bid)
Certification of prohibited activities in Russia and Belarus & investment activities in Iran
pursuant to P.L.2022, c.3– Prefer with bid response – Required prior to award of contract
License(s) or Certification(s) Required by the Specifications
C.
FAILURE TO SUBMIT ANY OF THESE ITEMS AT TIME OF BID MAY BE CAUSE FOR
REJECTION
Three (3) references for similar projects
Authorization for Background Check
Catalog/Price List
Product Samples
Certification of Available Equipment
Other: CD or USB flash drive with PDF of Bid Response along w/Printed Copies (ref page 1)
CD and/or USB flash drive must be labeled with the bidder’s name
Other:
D.
READ ONLY
Americans With Disability Act of 1990 Language
This checklist is provided for bidder’s use in assuring compliance with required documentation;
however, it does not include all specifications requirements and does not relieve the bidder of the
need to read and comply with the specifications.
Name of Bidder:
Date:
By Authorized Representative:
Signature:
Print Name & Title:
REV 03/2024
25
BOROUGH OF MIDDLESEX
BID PROPOSAL FORM/SIGNATURE PAGE
TO THE BOROUGH OF MIDDLESEX:
The undersigned declares that he/she has read the Notice, Instructions, Affidavits and Scope of
Services attached, that he/she has determined the conditions affecting the bid and agrees, if this bid
is accepted, to furnish and deliver services per the following:
Type of Service
Year One
Hourly Rate
Year Two
Hourly Rate
Electrical
Services Regular
Time
$ __________
$ __________
Overtime (As
Specified in
Section 10)
$ __________
$ __________
Repair Part %
discount off
MSRP
________ %
________ %
Schedule Timeline:
March 20, 2024 – Date Advertised
March 25, 2024 – Walk Through
March 25, 2024 – Deadline to Submit Questions by 2:00pm
April 3, 2024 – Bid Opening
April 9, 2024 – Anticipated Award Date
(Corporation)
The undersigned is a (Partnership) under the laws of the State of __________________________ having its
(Individual)
Principal office at
Company
Federal I.D. # or Social Security #
Address
Signature of Authorized Agent
Type or Print Name
Title of Authorized Agent
Date
Telephone Number
Email Address
Fax Number
REV 03/2024
26
BOROUGH OF MIDDLESEX
OWNERSHIP STATEMENT - STOCKHOLDER DISCLOSURE FORM
LEGAL NAME OF BIDDER: ___________________________________________________________
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
Other, Please List __________________________________
List the names and addresses of all stockholders who own ten (10%) percent or more of the above company’s stock, and if
there are NO STOCKHOLDERS OF 10% OR MORE, simply check the second box below. If one or more such
stockholders or partner is itself a corporation or partnership, the stockholders holding 10% or more of that corporation's stock,
or the individual partners owning 10% of that corporation's stock, or the individual partners owning 10% or greater interest
in that partnership, as the case may be, must also be listed.
The disclosure shall be continued until names and addresses of every person who is a non-corporate stockholder,
or individual partner, exceeding the 10% ownership criteria established in this act, has been listed, in full
compliance with Chapter 33 of the New Jersey Public Laws of 1977.
BIDDERS/RESPONDENTS MUST CHECK THE APPROPRIATE BOX:
I certify that the list below contains the names and addresses of all stockholders holding 10% or more of the issued
and outstanding stock of the undersigned.
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned.
Publicly Traded - For publicly traded entities to comply with N.J.S.A. 52:25-24.2 they may submit the name and address of
each publicly traded entity, and the name and address of each person holding 10% or more beneficial interest in the publicly
traded entity as of the last annual filling with the Security Exchange Commission (SEC), or foreign equivalent
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing, or foreign equivalent:
____________________________________________________________________________________________
The requested information is available on the following page number(s) of the SEC, or foreign equivalent, filing:
____________________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
(Note: Attach additional pages if necessary)
________________________________________________________________
______________
(Respondent/Respondent Authorized Signature)
(Date)
___________________________________________
______________________________________
(Print name of authorized signatory)
(Title)
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27
BOROUGH OF MIDDLESEX
NON-COLLUSION AFFIDAVIT
State of _____________
County of _____________
ss:
I, _____________________________ of the City of _______________________________
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 bidder making this Proposal for the above named project, and that I executed the said proposal
with full authority so to do; that said bidder has not, directly or indirectly entered into any agreement,
participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding
in connection with the above named project; and that all statements contained in said proposal and
in this affidavit are true and correct, and made with full knowledge that the Borough of Middlesex
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_________________________________.
(Name of Contractor)
(N.J.S.A. 52:34-15)
Subscribed and sworn to
Before me this _______day
Of ___________, _______.
Signature
(Type or print name of affiant under signature)
_______________________________________
Notary public of
My Commission expires ___________________.
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28
EXHIBIT A
EEO/AFFIRMATIVE ACTION COMPLIANCE NOTICE
N.J.S.A. 10:5-31 and N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders shall submit evidence of appropriate affirmative action compliance to the
Borough and Division of Public Contracts Equal Employment Opportunity Compliance. During a
review, Division representatives will review the Borough files to determine whether the affirmative
action evidence has been submitted by the vendor/contractor. Specifically, each vendor/contractor
shall submit to the Borough, prior to execution of the contract, one of the following documents:
Goods and General Service Vendors
1. Letter of Federal Approval indicating that the vendor is under an existing federally approved or
sanctioned affirmative action program. A copy of the approval letter is to be provided by the
vendor to the Borough and the Division. This approval letter is valid for one year from the date
of issuance.
Do you have a federally approved or sanctioned EEO/AA program?
Yes
No
If yes, please submit a photo static copy of such approval.
2. A Certificate of Employee Information Report (hereafter “Certificate”), issued in accordance with
N.J.A.C. 17:27-1.1 et seq. The vendor must provide a copy of the Certificate to the Borough as
evidence of its compliance with the regulations. The Certificate represents the review and
approval of the vendor’s Employee Information Report, Form AA-302 by the Division. The period
of validity of the Certificate is indicated on its face. Certificates must be renewed prior to their
expiration date in order to remain valid.
Do you have a State Certificate of Employee Information Report Approval?
Yes
No
If yes, please submit a photo static copy of such approval.
3. The successful vendor shall complete an Initial Employee Report, Form AA-302 and submit it to
the Division with $150.00 Fee and forward a copy of the Form to the Borough. Upon submission
and review by the Division, this report shall constitute evidence of compliance with the
regulations. Prior to execution of the contract, the EEO/AA evidence must be submitted.
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on
the Division website www.state.nj.us/treasury/contract_compliance.
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal
Employment Opportunity Compliance, with a copy to Public Agency.
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 and N.J.A.C. 17:27 and agrees to furnish the required forms of
evidence.
The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27.
COMPANY: ______________________________ SIGNATURE: ____________________________
PRINT NAME: ___________________________ TITLE: __________________________________
DATE: __________________
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EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127) and N.J.A.C. 17:27 et seq.
GOODS, GENGERAL SERVICES, AND PROFESSIONAL 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 Borough employment goals established
in accordance with N.J.A.C. l7:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited
to, employment agencies, placement bureaus, colleges, universities, 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 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 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 www.state.nj.us/treasury/contract_compliance).
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. 17:27-1.1 et seq.
Initials _____
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SAMPLE CERTIFICATE OF EMPLOYEE INFORMATION REPORT
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EXHIBIT B
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
N.J.S.A. 10:5-31 et seq. (P.L.1975, c.127)
N.J.A.C. 17:27-1.1 et seq.
CONSTRUCTION CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for
employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual
orientation, gender identity or expression, disability, nationality, or sex. Except with respect to affectional or
sexual orientation and gender identity or expression, the contractor will 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 bar-gaining
agreement, a notice, to be provided by the agency contracting officer, advising the labor union or workers'
representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the
Treasurer, pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the
Americans with Disabilities Act.
When hiring or scheduling workers in each construction trade, the contractor or subcontractor agrees to make
good faith efforts to employ minority and women workers in each construction trade consistent with the targeted
employment goal prescribed by N.J.A.C. l7:27-7.2; provided, however, that the Dept. of LWD, Construction EEO
Monitoring Program, may, in its discretion, exempt a contractor or subcontractor from compliance with the good
faith procedures pre-scribed by the following provisions, A, B, and C, as long as the Dept. of LWD, Construction
EEO Monitoring Program is satisfied that the contractor or subcontractor is employing workers provided by a
union which provides evidence, in accordance with standards prescribed by the Dept. of LWD, Construction EEO
Monitoring Program, that its percentage of active “card carrying” members who are minority and women workers
is equal to or greater than the targeted employment goal established in accordance with N.J.A.C. 17:27-7.2.
The contractor or subcontractor agrees that a good faith effort shall include compliance with the following
procedures:
(A)
If the contractor or subcontractor has a referral agreement or arrangement with a union for a
construction trade, the contractor or subcontractor shall, within three business days of the contract award, seek
assurances from the union that it will cooperate with the contractor or sub-contractor as it fulfills its affirmative
action obligations under this contract and in accordance with the rules promulgated by the Treasurer pursuant
to N.J.S.A. 10:5-31 et. seq., as supplemented and amended from time to time and the Americans with
Disabilities Act. If the contractor or subcontractor is unable to obtain said assurances from the construction
trade union at least five business days prior to the commencement of construction work, the contractor or sub-
contractor agrees to afford equal employment opportunities minority and women workers directly, consistent
with this chapter. If the contractor's or subcontractor's prior experience with a construction trade union,
regardless of whether the union has provided said assurances, indicates a significant possibility that the trade
union will not refer sufficient minority and women workers consistent with affording equal employment
opportunities as specified in this chapter, the contractor or subcontractor agrees to be prepared to provide such
opportunities to minority and women workers directly, consistent with this chapter, by complying with the hiring
or scheduling procedures prescribed under (B) below; and the contractor or subcontractor further agrees to take
said action immediately if it determines that the union is not referring minority and women workers consistent
with the equal employment opportunity goals set forth in this chapter.
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Exhibit B (con’t)
(B)
If good faith efforts to meet targeted employment goals have not or cannot be met for each construction
trade by adhering to the procedures of (A) above, or if the contractor does not have a referral agreement or
arrangement with a union for a construction trade, the contractor or subcontractor agrees to take the following
actions:
(l) To notify the public agency compliance officer, the Dept. of LWD, Construction EEO Monitoring Program, and
minority and women referral organizations listed by the Division pursuant to N.J.A.C. 17:27-5.3, of its workforce
needs, and request referral of minority and women workers;
(2) To notify any minority and women workers who have been listed with it as awaiting available vacancies;
(3) Prior to commencement of work, to request that the local construction trade union refer minority and women
workers to fill job openings, provided the contractor or subcontractor has a referral agreement or arrangement
with a union for the construction trade;
(4) To leave standing requests for additional referral to minority and women workers with the local construction
trade union, provided the contractor or subcontractor has a referral agreement or arrangement with a union for
the construction trade, the State Training and Employment Service and other approved referral sources in the
area;
(5) If it is necessary to lay off some of the workers in a given trade on the construction site, layoffs shall be
conducted in compliance with the equal employment opportunity and non-discrimination standards set forth in
this regulation, as well as with applicable Federal and State court decisions;
(6) To adhere to the following procedure when minority and women workers apply or are referred to the
contractor or subcontractor:
(i)
The contactor or subcontractor shall interview the referred minority or women worker.
(ii) If said individuals have never previously received any document or certification signifying a level of
qualification lower than that required in order to perform the work of the construction trade, the
contractor or subcontractor shall in good faith determine the qualifications of such individuals. The
contractor or subcontractor shall hire or schedule those individuals who satisfy appropriate qualification
standards in conformity with the equal employment opportunity and non-discrimination principles set
forth in this chapter. However, a contractor or subcontractor shall determine that the individual at least
possesses the requisite skills, and experience recognized by a union, apprentice program or a referral
agency, provided the referral agency is acceptable to the Dept. of LWD, Construction EEO Monitoring
Program. If necessary, the contractor or subcontractor shall hire or schedule minority and women
workers who qualify as trainees pursuant to these rules. All of the requirements, however, are limited
by the provisions of (C) below.
(iii) The name of any interested women or minority individual shall be maintained on a waiting list and shall
be considered for employment as described in (i) above, whenever vacancies occur. At the request of
the Dept. of LWD, Construction EEO Monitoring Program, the contractor or subcontractor shall provide
evidence of its good faith efforts to employ women and minorities from the list to fill vacancies.
(iv) If, for any reason, said contractor or subcontractor determines that a minority individual or a woman is
not qualified or if the individual qualifies as an advanced trainee or apprentice, the contractor or
subcontractor shall inform the individual in writing of the reasons for the determination, maintain a copy
of the determination in its files, and send a copy to the public agency compliance officer and to the Dept.
of LWD, Construction EEO Monitoring Program.
(7) To keep a complete and accurate record of all requests made for the referral of workers in any trade covered
by the contract, on forms made available by the Dept. of LWD, Construction EEO Monitoring Program and
submitted promptly to the Dept. of LWD, Construction EEO Monitoring Program upon request.
(C)
The contractor or subcontractor agrees that nothing contained in (B) above shall preclude the contractor
or subcontractor from complying with the union hiring hall or apprentice-ship policies in any applicable collective
bargaining agreement or union hiring hall arrangement, and, where required by custom or agreement, it shall
send journeymen and trainees to the union for referral, or to the apprenticeship program for admission, pursuant
to such agreement or arrangement. However, where the practices of a union or apprenticeship program will
result in the exclusion of minorities and women or the failure to refer minorities and women consistent with the
targeted county employment goal, the contractor or subcontractor shall consider for employment persons
referred pursuant to (B) above without regard to such agreement or arrangement; provided further, however,
that the contractor or subcontractor shall not be required to employ women and minority advanced trainees and
trainees in numbers which result in the employment of advanced trainees and trainees as a percentage of the
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total workforce for the construction trade, which percentage significantly exceeds the apprentice to journey
worker ratio specified in the applicable collective bargaining agreement, or in the absence of a collective
bargaining agreement, exceeds the ratio established by practice in the area for said construction trade. Also,
the contractor or subcontractor agrees that, in implementing the procedures of (B) above, it shall, where
applicable, employ minority and women workers residing within the geographical jurisdiction of the union.
After notification of award, but prior to signing a construction contract, the contractor shall submit to the public
agency compliance officer and the Dept. of LWD, Construction EEO Monitoring Program an initial project
workforce report (Form AA-201) electronically provided to the public agency by the Dept. of LWD, Construction
EEO Monitoring Program, through its website, for distribution to and completion by the contractor, in accordance
with N.J.A.C. 17:27-7. The contractor also agrees to submit a copy of the Monthly Project Workforce Report
once a month thereafter for the duration of this contract to the Dept. of LWD, Construction EEO Monitoring
Program, and to the public agency compliance officer.
The contractor agrees to cooperate with the public agency in the payment of budgeted funds, as is necessary,
for on-the-job and/or off-the job programs for outreach and training of minorities and women.
(D)
The contractor and its subcontractors shall furnish such reports or other documents to the Dept. of LWD,
Construction EEO Monitoring Program as may be requested by the Dept. of LWD, Construction EEO Monitoring
Program from time to time in order to carry out the purposes of these regulations, and public agencies shall
furnish such information as may be re-quested by the Dept. of LWD, Construction EEO Monitoring Program for
conducting a compliance investigation pursuant to N.J.A.C. 17:27-1.1 et seq.
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. (P.L.1975, c.127) N.J.A.C. 17:27-1.1 et seq. and agrees to furnish the required forms
of evidence.
The undersigned vendor further understands that his/her bid 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. 17:27-1.1 et seq.
COMPANY: ______________________________ SIGNATURE: ____________________________
PRINT NAME: ___________________________ TITLE: __________________________________
DATE: __________________
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BOROUGH OF MIDDLESEX
AMERICANS WITH DISABILITIES ACT OF 1990
Equal Opportunity for Individuals with Disability
The Contractor and the Owner do hereby agree that the provisions of Title 11 of the Americans with
Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 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 owner 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 owner in any action or administrative proceeding commenced pursuant to this Act. The contractor
shall indemnify, protect, and save harmless the 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 owner’s grievance procedure, the contractor agrees
to abide by any decision of the owner which is rendered pursuant to said grievance procedure. If any
action or administrative proceeding results in an award of damages against the owner, or if the 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 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 owner or any of its agents, servants, and
employees, the owner shall expeditiously forward or have forwarded to the contractor every demand,
complaint, notice, summons, pleading, or other process received by the owner or its representatives.
It is expressly agreed and understood that any approval by the 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 owner pursuant to this
paragraph.
It is further agreed and understood that the 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 owner from taking any other actions available to it
under any other provisions of the Agreement or otherwise at law.
COMPANY: ______________________________ SIGNATURE: ____________________________
PRINT NAME: ___________________________ TITLE: __________________________________
DATE: __________________
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BOROUGH OF MIDDLESEX
THESE ARE SAMPLES OF THE ONLY ACCEPTABLE
BUSINESS REGISTRATION CERTIFICATES
PREFER SUBMITTED WITH BID RESPONSE
REQUIRED BY LAW PRIOR TO AWARD OF CONTRACT
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36
CERTIFICATION OF NON‐INVOLVEMENT IN
PROHIBITED ACTIVITIES IN RUSSIA OR BELARUS
Pursuant to N.J.S.A. 52:32-60.1, et seq. (L. 2022, c. 3) any person or entity (hereinafter “Vendori”) that seeks to
enter into or renew a contract with a State agency for the provision of goods or services, or the purchase of bonds
or other obligations, must complete the certification below indicating whether or not the Vendor is identified on the
Office of Foreign Assets Control (OFAC) Specially Designed Nationals and Blocked Persons list, available here:
https://sanctionssearch.ofac.treas.gov/. If the Department of the Treasury finds that a Vendor has made a
certification in violation of the law, it shall take any action as may be appropriate and provided by law, rule or
contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the
party in default and seeking debarment or suspension of the party.
I, the undersigned, certify that I have read the definition of “Vendor” below, and have reviewed the Office of Foreign
Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, and having done so certify:
(Check the Appropriate Box)
A. That the Vendor is not identified on the OFAC Specially Designated Nationals and Blocked Persons list
on account of activity related to Russia and/or Belarus.
OR
B. That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially
Designated Nationals and Blocked Persons list on account of activity related to Russia and/or Belarus.
OR
C. That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially
Designated Nationals and Blocked Persons list. However, the Vendor is engaged in activity related to
Russia and/or Belarus consistent with federal law, regulation, license or exemption. A detailed description
of how the Vendor’s activity related to Russia and/or Belarus is consistent with federal law is set forth
below.
Signature of Vendor’s Authorized Representative
Date
Print Name and Title of Vendor’s Authorized Representative
Vendor Name
Vendor Phone Number
Vendor Address (Street Address)
Vendor Fax Number
Vendor Address (City/State/Zip Code)
Vendor Email Address for Authorized Representative
______________________________________________
i Vendor means: (1) A natural person, corporation, company, limited partnership, limited liability partnership, limited liability company,
business association, sole proprietorship, joint venture, partnership, society, trust, or any other nongovernmental entity, organization, or
group; (2) Any governmental entity or instrumentality of a government, including a multilateral development institution, as defined in
Section 1701(c)(3) of the International Financial Institutions Act, 22 U.S.C. 262r(c)(3); or (3) Any parent, successor, subunit, direct or
indirect subsidiary, or any entity under common ownership or control with, any entity described in paragraph (1) or (2).
NJ Rev. 1.22.2024
(Attach Additional Sheets If Necessary.)
REV 03/2024
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Disclosure of Investment Activities in Iran
Person or Entity
Part 1: Certification
COMPLETE PART 1 BY CHECKING EITHER BOX.
Pursuant to Public Law 2012, c. 25, any person or entity that is a successful bidder or proposer, or otherwise
proposes to enter into or renew a contract, must complete the certification below to attest, under penalty of
perjury, that neither the person or entity, nor any parent entity, subsidiary, or affiliate is identified on the
State Department of Treasury's Chapter 25 list as a person or entity engaging in investment activities in Iran.
The list is found on Treasury’s website at www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf.
The Chapter 25 list must be reviewed prior to completing the below certification. If a vendor or contractor
is found to be in violation of law, action may be taken as appropriate and as may provided by law, rule or
contract, including but not limited to imposing sanctions, seeking compliance, recovering damages,
declaring the party in default and seeking debarment or suspension of the party.
I certify, pursuant to Public Law 2012, c. 25, that neither the person or entity listed
above, nor any parent entity, subsidiary, or affiliate thereof is listed on the N.J.
Department of the Treasury’s list of entities determined to be engaged in prohibited
activities in Iran pursuant to P.L. 2012, c. 25 ("Chapter 25 List"). I further certify
that I am the person listed above, or I am an officer or representative of the entity
listed above and am authorized to make this certification on its behalf. I will skip
Part 2 and sign and complete the Certification below.
OR
I am unable to certify as above because the person or entity and/or a parent entity,
subsidiary, or affiliate thereof is listed on the N.J. Department of the Treasury’s
Chapter 25 list. I will provide a detailed, accurate and precise description of the
activities in Part 2 below sign and complete the Certification below.
REV 03/2024
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Part 2: Additional Information
PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN.
You must provide a detailed, accurate and precise description of the activities of the person or entity, or a
parent entity, subsidiary, or affiliate thereof engaging in investment activates in Iran below and, if more
space is needed, on additional sheets provided by you.
Part 3: Certification of True and Complete Information
I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any
attachments there to the best of my knowledge are true and complete. I attest that I am authorized to
execute this certification on behalf of the above-referenced person or entity.
I acknowledge that the Name of Contracting Unit is relying on the information contained herein
and thereby acknowledge that I am under a continuing obligation from the date of this certification
through the completion of any contracts with the Reference to Contracting Unit to notify the Reference
to Contracting Unit in writing of any changes to the answers of information contained herein.
I acknowledge that I am aware that it is a criminal offense to make a false statement or
misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal prosecution
under the law and that it will also constitute a material breach of my agreement(s) with the Name of
Contracting Unit and that the Reference to Contracting Unit at its option may declare any contract(s)
resulting from this certification void and unenforceable.
Full Name
(Print)
Title
Signature
Date
REV 03/2024
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CERTIFICATION OF NON-DEBARMENT
FOR FEDERAL GOVERNMENT CONTRACTS
N.J.S.A. 52:32-44.1 (P.L. 2019, c.406)
This certification shall be completed, certified to, and submitted to the contracting unit prior to contract award,
except for emergency contracts where submission is required prior to payment.
PART I: VENDOR INFORMATION
Individual or Organization
Name
Physical Address of
Individual or Organization
Unique Entity ID
(if applicable)
CAGE/NCAGE Code
(if applicable)
Check the box that represents the type of business organization:
Sole Proprietorship (skip Parts III and IV) Non-Profit Corporation (skip Parts III and IV)
For-Profit Corporation (any type) Limited Liability Company (LLC) Partnership
Limited Partnership
Limited Liability Partnership (LLP)
Other (be specific): ______________________________________________
PART II – CERTIFICATION OF NON-DEBARMENT: Individual or Organization
I hereby certify that the individual or organization listed above in Part I is not debarred by the federal government from
contracting with a federal agency. I further acknowledge: that I am authorized to execute this certification on behalf of the
above-named organization; that the Borough of Middlesex is relying on the information contained herein and that I am under a
continuing obligation from the date of this certification through the date of contract award by the Borough to notify the
Borough in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a
false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and
that it will constitute a material breach of my agreement(s) with the Borough, permitting the Borough to declare any contract(s)
resulting from this certification void and unenforceable.
Full Name (Print):
Title:
Signature:
Date:
PART III – CERTIFICATION OF NON-DEBARMENT: Individual or Entity Owning Greater than 50 Percent of Organization
Section A (Check the Box that applies)
Below is the name and address of the stockholder in the corporation who owns more than 50 percent of its
voting stock, or of the partner in the partnership who owns more than 50 percent interest therein, or of the
member of the limited liability company owning more than 50 percent interest therein, as the case may be.
Name of
Individual or
Organization
Physical
Address
OR
No one stockholder in the corporation owns more than 50 percent of its voting stock, or no partner in the
partnership owns more than 50 percent interest therein, or no member in the limited liability company owns
more than 50 percent interest therein, as the case may be.
REV 03/2024
40
Section B (Skip if no Business entity is listed in Section A above)
Below is the name and address of the stockholder in the corporation who owns more than 50 percent of the
voting stock of the organization’s parent entity, or of the partner in the partnership who owns more than 50
percent interest in the organization’s parent entity, or of the member of the limited liability company owning
more than 50 percent interest in organization’s parent entity, as the case may be.
Stockholder/
Partner/Me
mber Owning
Greater Than
50 Percent of
Parent Entity
Physical
Address
OR
No one stockholder in the parent entity corporation owns more than 50 percent of its voting stock, no partner
in the parent entity partnership owns more than 50 percent interest therein, or no member in the parent
entity limited liability company owns more than 50 percent interest therein, as the case may be.
Section C – Part III Certification
I hereby certify that no individual or organization that is debarred by the federal government from contracting with a federal
agency owns greater than 50 percent of the Organization listed above in Part I or, if applicable, owns greater than 50 percent of a
parent entity of _______________________. I further acknowledge: that I am authorized to execute this certification on behalf of
the above-named organization; that the Borough of Middlesex is relying on the information contained herein and that I am under a
continuing obligation from the date of this certification through the date of contract award the Borough to notify the Borough in
writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement
or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it will
constitute a material breach of my agreement(s) with the Borough, permitting the Borough to declare any contract(s) resulting
from this certification void and unenforceable.
Full Name (Print):
Title:
Signature:
Date:
Part IV – CERTIFICATION OF NON-DEBARMENT: Contractor – Controlled Entities
Section A
Below is the name and address of the corporation(s) in which the Organization listed in Part I owns
more than 50 percent of voting stock, or of the partnership(s) in which the Organization listed in Part
I owns more than 50 percent interest therein, or of the limited liability company or companies in
which the Organization listed above in Part I owns more than 50 percent interest therein, as the case
may be.
Name of Business Entity
Physical Address
**Add additional sheets if necessary**
OR
The Organization listed above in Part I does not own greater than 50 percent of the voting stock in
any corporation and does not own greater than 50 percent interest in any partnership or any limited
liability company.
REV 03/2024
41
Section B (skip if no business entities are listed in Section A of Part IV)
Below are the names and addresses of any entities in which an entity listed in Part III A owns greater
than 50 percent of the voting stock (corporation) or owns greater than 50 percent interest
(partnership or limited liability company).
Name of Business Entity Controlled by Entity
Listed in Section A of Part IV
Physical Address
**Add additional Sheets if necessary**
OR
No entity listed in Part III A owns greater than 50 percent of the voting stock in any corporation or
owns greater than 50 percent interest in any partnership or limited liability company.
Section C – Part IV Certification
I hereby certify that the Organization listed above in Part I does not own greater than 50 percent of any entity that that
is debarred by the federal government from contracting with a federal agency and, if applicable, does not own greater
than 50 percent of any entity that in turns owns greater than 50 percent of any entity debarred by the federal
government from contracting with a federal agency. I further acknowledge: that I am authorized to execute this
certification on behalf of the above-named organization; that the Borough of Middlesex is relying on the information
contained herein and that I am under a continuing obligation from the date of this certification through the date of
contract award by the Borough to notify the Borough in writing of any changes to the information contained herein; that
I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so,
I am subject to criminal prosecution under the law and that it will constitute a material breach of my agreement(s) with
the Borough permitting the Borough to declare any contract(s) resulting from this certification void and unenforceable.
Full Name
(Print):
Title:
Signature:
Date:
REV 03/2024
42
BOROUGH OF MIDDLESEX
ACKNOWLEDGMENT OF RECEIPT OF ADDENDA
The undersigned Bidder hereby acknowledges receipt of the following Addenda:
ADDENDUM
NUMBER
DATE
ACKNOWLEDGE RECEIPT
(Initial)
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
No Addenda were received:
Acknowledged for:
(Name of Bidder)
By:
(Signature of Authorized Representative)
Name:
(Print or Type)
Title:
Date:
--- Document: Addendum No. 1 - Electrical Services BID #001-24 ---
BOROUGH OF MIDDLESEX
NOTICE OF ADDENDUM NO. 1
Electrical Services for All Borough of Middlesex Facilities and Locations, Middlesex, NJ.
Addendum No. 1 has been issued for the Bid Proposal pertaining to Electrical Services for
Borough of Middlesex Facilities and Locations, Middlesex, NJ on Friday, March 22, 2024, and
posted on Borough website.
TO ALL CONCERNED: The original bid package for the above referenced project is amended as
noted in Addendum No.1.
CONCERNING QUESTIONS RECEIVED:
Question:
1) Is the site inspection on Monday, for the above-referenced project required for the bid.
Answer:
1) Attendance is not mandatory but is strongly recommended. Failure to attend does not
relieve the bidder of any obligations or requirements.
--- Document: NOTICE OF PUBLIC INTERNET AUCTION ---
NOTICE OF PUBLIC INTERNET AUCTION
BOROUGH OF MIDDLESEX
Pursuant to N.J.S.A. 40A:11-36, the Borough of Middlesex will conduct a Public Auction
Sale of surplus property no longer needed. The auction will be held over the internet.
Online auction site: www.municibid.com
Length of auction: Wednesday, March 20, 2024 through Monday, April 8, 2024
Inspection of items for sale: Wednesday, March 27, 2024 from 9:00 am to 1:00 pm
Location: Middlesex Borough Garage, 110 Main Street, Middlesex, NJ 08846
All bidders are required to electronically register for bidding at the website noted above.
All bidders participating in this auction agree that they have read and fully understand
the terms and conditions outlined on the site and agree to be bound thereby.
All Sales will be made to the highest bidder and shall be final. All items are sold in an
“as is, where is" condition, free from any guarantee or warranty. The payment terms of
the sale are posted on the website. All items must be removed by April 15, 2024.
The Borough of Middlesex reserves the right to accept or reject any or all bids.
The surplus property includes:
Item
Approximate Mileage
VIN/Identification #
2007 Dodge Caravan
78,440
1D4GP25E37B172857
2002 Chrysler PT Cruiser
14,718
3C4FY48B22T347562
2008 Ford Expedition
56,910
1FMFU16578LA56787
1995 Lee Boy Paver
NA
Serial #1131
1997 Toro Ride on Mower
3816.5/hrs.
Serial #80861
2006 Toro Line Painter
NA
Serial #260000160
2001 Speed Trailer
NA
1K9BS08161K118194
Carmen Modica
Purchasing Agent
--- Document: NOTICE TO BIDDERS - 2023 NJDOT Douglass Lane, Rutgers Lane & Princeton Drive project ---
Notice to Bidders
Notice is hereby given that sealed proposals will be received by the Borough of Middlesex,
Middlesex County, New Jersey (the “Owner”) for 2023 NJDOT State Aid – Douglass Lane, Rutgers Lane
& Princeton Drive project and be opened and read in public at the Borough of Middlesex, 1200
Mountain Avenue, Middlesex, NJ 08846 on Friday, February 16, 2024 11:00 AM prevailing time.
The Project consists of but is not limited to, the installation of curb ramps, detectable warning
surfaces, concrete curb, combination concrete curb and gutter, concrete sidewalk, driveway aprons,
milling and asphalt paving, resetting and reconstruction of drainage structures, striping, and
restoration of project area. All work on this contract must be completed within 75 calendar days
from issuance of a Notice to Proceed.
Contract documents and drawings for the proposed work (the “Contract Documents”, which have
been prepared by Thomas J. Herits, PE, PP, PLS, of the firm Colliers Engineering & Design Inc. (DBA
Maser Consulting), are available electronically or via delivery by common carrier by making a
request to mary.bianco@collierseng.com.
Bidders will be furnished with a copy of the Contract Documents by request upon proper notice to
the above e-mail address. In the e-mail message, the contractor shall indicate if they request an
electronic copy (PDF format) or paper copy. Electronic copies will be provided via e-mail at no
charge. Paper copies will be provided after a non-refundable charge of $150.00 payable to Colliers
Engineering & Design Inc. dba Maser Consulting is received. Send payment to 101 Crawfords Corner
Road, Suite 3400, Holmdel, NJ 07733 732-383-1950. Paper copies will be sent via UPS or FedEx if the
contractor provides UPS or FedEx account information to defray the cost of this shipping method.
Otherwise, paper copies will be sent via USPS.
The Contract Documents will be available during business hours beginning on Monday, January 22,
2024 10:00 AM.
Proposals must be made on the standard proposal forms included with the Contract Documents in
the manner designated in the Contract Documents, must be enclosed in sealed envelopes bearing
the name and address of the bidder and the name of the project on the outside and be addressed
to the Borough of Middlesex, and must be accompanied by a statement of consent of surety from a
surety company authorized to do business in the State of New Jersey and acceptable to the Owner
and either a bid bond or a certified check drawn to the order of Borough of Middlesex for not less
than ten percent (10%) of the amount bid, except that the check shall not exceed $20,000.00. The
successful bidder is hereby notified that a performance bond and labor and material (payment)
bond for the full amount of this project is required.
The award of the Contract for this project will not be made until the necessary funds have been
provided by the Owner in a lawful manner.
Proposals for this contract will only be accepted from bidders who have properly qualified in
accordance with the requirements of the Contract Documents.
The right is also reserved to reject any or all bids or to waive any informalities where such
informality is not detrimental to the best interest of the Owner, except as to those items which are
deemed mandatory and non-waivable set forth in N.J.S.A. 40A:11-23.2. Further, the Owner reserves
the right to abandon the project and reject the bids entirely if any legal or state or federal
administrative action is taken against the Owner which could delay or jeopardize the project from
commencing. The right is also reserved to increase or decrease the quantities specified in the
manner designated in the Specifications.
The successful bidder shall be required to comply with all applicable statutory and regulatory
requirements, which include but are not limited to the affirmative action requirements of P.L. 1975,
c. 127, N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1 et seq.
Bidders will be required to comply with the public disclosure provisions of N.J.S.A. 52:25-24.2.
By order of the Borough of Middlesex, Middlesex County, New Jersey
Carmen Modica, Purchasing Agent
Date Advertised: Monday, January 22, 2024
--- Document: RFP-2023-08 LEGAL COUNSEL – BOARD OF HEALTH ATTORNEY ---
RFP – Professional Services 2024 – Borough of Middlesex
1
Borough of Middlesex
1200 Mountain Avenue
Middlesex, New Jersey 08846
RFP – 2023-08
PUBLIC NOTICE UNDER A FAIR AND OPEN PROCESS FOR THE SOLICITATION OF
QUALIFICATIONS AND RATES FOR LEGAL COUNSEL – BOARD OF HEALTH
ATTORNEY FOR APPOINTMENT JANUARY, 2024 THROUGH DECEMBER 31, 2024
NOTICE IS HEREBY GIVEN that sealed submissions will be received by the Purchasing
Agent or designated representative, for Middlesex Borough, on Friday, January 12, 2024 at 11:00
am prevailing time, in the Municipal Building, 1200 Mountain Avenue, Middlesex, New Jersey
08846, then publicly opened and read out loud.
All professional service contractors are required to comply with 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). The submission
package is printable from the website www.middlesexboro-nj.gov or may be obtained at the Clerk’s
Office, Municipal Building,1200 Mountain Avenue, Middlesex, New Jersey 08846 during regular
business hours (9:00 a.m. – 4:00 p.m.).
The Borough reserves the right to reject any or all submissions due to any defects or waive informalities
and accept any submissions that in their judgment will be in the best interest of the Borough. Questions
concerning this notice may be directed to Michael La Place, Borough Administrator,
mlaplace@middlesexboro-nj.gov.
Date Advertised: December 28, 2023
Carmen Modica
Purchasing Agent
RFP – Professional Services 2024 – Borough of Middlesex
2
BOROUGH OF MIDDLESEX
GENERAL INSTRUCTIONS
1. Introduction
The Borough of Middlesex, Middlesex County, State of New Jersey (hereinafter called the “OWNER”)
invites submissions for the service(s) mentioned in the Public Notice for Professional Services
Qualifications and Rates for 2024.
This contract is to furnish and deliver various professional services for the Borough of Middlesex
through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et. seq.
2. Administrative Conditions and Requirements
The following items express the conditions and requirements of this RFP. Together with the other RFP
sections, they apply to the RFP process, the subsequent contract, and project production. Any proposed
change, modification, or exception to these conditions and requirements may be the basis for the owner
to determine the proposal as non-responsive to the RFP and will be a factor in the determination of an
award of a contract. The contents of the proposal of the successful respondent, as accepted by the owner,
will become part of any contract awarded as a result of this RFP.
2.1 Proposal Submission Information
Submission Date and Time: Friday, January 12, 2024 at 11:00am
One (1) Original signed in ink & one (1) copy of the RFP response.
Deadline to submit questions: Thursday, January 4, 2024
Submission Office:
Purchasing Agent, Clerk’s Office
1200 Mountain Avenue
Middlesex, NJ 08846
Submissions must be provided on a Standardized Submission Form as supplied in the submission
package and signed by the professional services entity or principal thereof. All prices and amounts must
be written in ink or preferably typewritten. Each signatory to the submission must initial all erasures or
corrections.
Submissions shall be contained in a sealed envelope addressed to: Purchasing Agent, Borough of
Middlesex, 1200 Mountain Ave., Middlesex, NJ 08846, and said envelope shall specify the appointment
Title/Professional Service for which the submission is provided. The submission is to be clearly marked
(indicating the category of the professional service) – “Sealed Submission Enclosed” (e.g., Board of
Health Attorney– sealed submission enclosed) and must be delivered at the place and time required or
mailed so as to be received prior to the opening time set in the advertisement. Submissions received after
the hour herein named or in unsealed envelopes shall not be considered. The original proposal shall be
signed in ink and marked to distinguish it from the one (1) copy. Faxed or emailed proposals will NOT
be accepted.
The 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.
Responses delivered before the submission date and time specified above may be withdrawn upon
written application of the respondent who shall be required to produce evidence showing that the
individual is or represents the principal or principals involved in the proposal. After the submission date
and time specified above, responses must remain firm for a period of sixty (60) days.
RFP – Professional Services 2024 – Borough of Middlesex
3
The submission shall be accompanied by: (1) Non-Collusion Affidavit, (2) Disclosure of Ownership
Form, (3) Insurance Requirement Acknowledgement Form, (4) Mandatory Equal Employment
Opportunity Notice Acknowledgement, (5) Copy of the applicable Business Registration Certificate, (6)
Professional Services Entity Information Form, (7) Qualifications Submission, (8) Disclosure of
Investment Activities in Iran and (9) Acknowledgement of Corrections, Additions or Deletions Form.
2.2 Borough Representative for this Solicitation
Questions by prospective respondents concerning this RFP may be addressed to Michael La Place in
writing via email mlaplace@middlesexboro-nj.gov. Please note the aforementioned contact is
authorized only to direct the attention of prospective respondents to various portions of the requirements
so that they may read and interpret each portion for themselves. NO employee of the Borough of
Middlesex is authorized to give interpretations of any portion of this RFP or to give information as to the
requirements for the RFP in addition to that already contained in the RFP unless as a formal addendum.
Interpretations of the RFP or additional information as to its requirements, when necessary, shall be
communicated to prospective respondents only by written addendum issued by the Purchasing Agent of
the Borough of Middlesex.
Please identify the contract name and note Request for Information as the subject line when submitting
a request by fax or email.
2.3 Interpretations and Addenda
Respondents are expected to examine the RFP with care and observe all its requirements. All questions
about the meaning or intent of this RFP, all interpretations and clarifications considered necessary by the
owner’s representative in response to such comments and questions will be issued by Addenda mailed or
delivered to all parties recorded as having received the RFP package. Only comments and questions
responded to by formal written Addenda will be binding. Oral interpretations, statements or
clarifications are without legal effect.
2.4 Quantities of Estimate
Wherever the estimated quantities of work to be done are shown in any section of this RFP, including
the Proposal Cost Form, they are given for use in comparing proposals. The owner especially reserves
the right (except as herein otherwise specifically limited) to increase or diminish the quantities as may
be deemed reasonably necessary or desirable by the owner to complete the work detailed in the contract.
Such increase or diminution shall in no way violate this contract, nor shall any such increase or
diminution give cause for claims or liability for damages.
2.5 Cost Liability and Additional Costs
The owner assumes no responsibility and liability for costs incurred by the respondents prior to the
issuance of an agreement. The liability of the owner shall be limited to the terms and conditions of the
contract.
Respondents will assume responsibility for all costs not stated in their proposals. All unit rates either
stated in the proposal or used as a basis for its pricing are required to be all-inclusive. Additional
charges, unless incurred for additional work performed by request of the owner as noted in 2.4, are not
to be billed and will not be paid.
2.6 Statutory and Other Requirements
RFP – Professional Services 2024 – Borough of Middlesex
4
2.6.1 Compliance with Laws
Any contract entered into between the contractor and the owner must be in accordance with and subject
to compliance by both parties with the New Jersey Local Public Contracts Law. The contractor must
agree to comply with the non-discrimination provisions and all other laws and regulations applicable to
the performance of services there under. The respondent shall sign and acknowledge such forms and
certificates as may be required by this section.
2.6.2 Mandatory EEO/Affirmative Action Compliance - N.J.S.A 10:5-31 et seq. and N.J.A.C 17:27
et seq.
No firm shall be issued a contract unless it complies with the EEO/Affirmative Action requirements of
P. L. 1975, C. 127 as identified in the documents attached hereto. The form shall be properly executed.
2.6.3 Americans with Disabilities Act of 1990 - 42 U.S.C. S121 01 et seq.
Discrimination on the basis of disability in contracting for the delivery of services is prohibited.
Respondents are required to read American with Disabilities language that is part of the documents
attached hereto and agree that the provisions of Title II of the Act are made part of the contract. The
contractor is obligated to comply with the Act and hold the owner harmless.
2.6.4 Statement of Corporate Ownership-Stockholder Disclosure - N.J.S.A. 52:25-24.2 (P.L. 1977
c.33)
In accordance with N.J.S.A. 52:25-24.2, no corporation, partnership, limited partnership, limited liability
corporation, limited liability partnership, Subchapter S corporation or sole proprietorship, shall be
awarded a contract, unless prior to the receipt of the RFP response/bid or accompanying the RFP
response/bid of the corporation, partnership, limited partnership, limited liability corporation, limited
liability partnership, Subchapter S corporation or sole proprietorship, there is submitted to the Borough a
statement setting forth the names and addresses of all stockholders who own 10% or more of the stock,
of any class or of all individual partners who own a 10% or greater interest in the corporation,
partnership, limited partnership, limited liability corporation, limited liability partnership, Subchapter S
corporation or sole proprietorship. If one or more such stockholder or partner is itself a corporation or
partnership, the stockholders holding 10% or more of that corporation’s stock, or the individual partners
owning 10% or greater interest in that partnership, as the case may be, shall also be listed. The
disclosure shall be continued until names and addresses of every non-corporate stockholder and
individual partner exceeding the 10% ownership criteria established in this act has been listed. The form
shall be signed and submitted with the RFP proposal/bid whether or not a stockholder or partner owns
less than 10% of the business submitting the RFP proposal/bid. Failure to comply requires mandatory
rejection of the RFP proposal/bid. The Respondent shall complete and submit the form of statement that
is included in this RFP.
2.6.5 Non-Collusion Affidavit - N.J.S.A. 52:34-15
The Non-Collusion Affidavit, which is part of this RFP, shall be properly executed and submitted with
the RFP response.
2.6.6 Proof of N.J. Business Registration Certificate N.J.S.A. 52:32-44
Each bidder (contractor) is required to submit proof of business registration prior to award of the
contract. Proof of registration shall be a copy of the bidder’s Business Registration Certificate (BRC).
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 obtain and provide the owner with the BRC of subcontractors
knowingly used on this contract.
RFP – Professional Services 2024 – Borough of Middlesex
5
2. The contractor shall maintain and submit to the contracting agency a list of
subcontractors and their addresses that may be updated from time to time during the
course of the contract performance. A complete and accurate list shall be submitted
before final payment is made for goods and services rendered under the contract.
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 taxable sales of tangible personal
property delivered into the State.
Failure to submit the BRC with the proposal is NOT a cause for rejection. However, the Borough
prefers the BRC be submitted with the proposal. If it is not provided prior to execution of a contract the
bidder’s bid guarantee shall be forfeited and the contract shall be awarded to the next lowest responsible
bidder.
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 $25.00 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.
A BRC is obtained from the New Jersey Division of Revenue and Enterprise Services. Information on
obtaining a BRC is available on the internet at www.nj.gov/treasury/revenue/busregcert.shtml or by
phone at (609) 292-2929.
Emergency Purchases or Contracts
For purchases of an emergent nature, the contractor shall provide its Business Registration Certificate
within two weeks from the date of purchase or execution of the contract or prior to payment for goods or
services, whichever is earlier.
2.6.7 Pay to Play – Notice of Disclosure Requirement
Business entities are advised of their responsibility to file an annual disclosure statement of political
contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A.
19:44A-20.27 if they receive contracts in excess of $50,000 from public entities in a calendar year.
Business entities are responsible for determining if filing is necessary. Additional information on this
requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.
2.6.8 Assign, Sublet or Transfer Any Rights/Interests
Neither the owner nor the Contractor shall assign, sublet, or transfer any rights or interest in this
Agreement without the prior written consent of the other party. Unless specifically stated to the contrary,
in writing, prior to an assignment, no assignment will release or discharge the assignor from any duty or
responsibility under this Agreement. Nothing herein shall be construed to give any rights or benefits to
anyone other than the owner and the Contractor.
2.6.9 Insurance and Indemnification
If it becomes necessary for the contractor, either as principal or by agent or employee, to enter upon the
premises or property of the owner in order to construct, erect, inspect, make delivery or remove property
hereunder, the contractor hereby covenants and agrees to take use, provide and make all proper,
necessary and sufficient precautions, safeguards, and protection against the occurrence of happenings of
any accident, injuries, damages, or hurt to person or property during the course of the work herein
covered and be his/her sole responsibility.
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The contractor shall maintain sufficient insurance to protect against all claims under Workers
Compensation, General Liability and Automobile and shall be subject to approval for adequacy of
protection and certificates of such insurance shall be provided.
Indemnification
The contractor agrees to indemnify and save harmless the owner, its officers, agents and employees,
hereinafter referred to as indemnitees, from all suits, including attorney’s fees and costs of litigation,
actions, loss damage, expense, cost of claims, of any character or on account of any act, claim or amount
arising or recovered under Worker’s Compensation law, or arising out of failure of the Contractor or
those acting under Contractor to conform to any statutes, ordinances, regulations, law or court decree. It
is the intent of the parties to this contract that the indemnities shall, in all instances, except for loss or
damage resulting from the sole negligence of the indemnitee, be indemnified against all liability, loss or
damage of any nature whatsoever.
Insurance Requirements:
Worker’s Compensation and Employer’s Liability Insurance
This insurance shall be maintained in full force during the life of this contract by the contractor covering
all employees engaged in performance of this contract pursuant to N.J.S.A. 34:15-12(a) and N.J.A.C.
12:235-1.6. Minimum Employer’s Liability $1,000,000.00.
General Liability Insurance
This insurance shall have limits of not less than $3,000,000.00 any one person and $3,000,000.00 any
one accident for bodily injury and $3,000,000.00 aggregate for property damage and shall be maintained
in force during the life of the contract.
Automobile Liability Insurance
This insurance covering contractor for claims arising from owned, hired and non-owned vehicles with
limits of not less than $3,000,000.00 any one person and $3,000,000.00 any one accident for bodily
injury and $3,000,000.00 each accident for property damage, shall be maintained in force during the life
of this contract by the contractor.
Professional Liability/Malpractice Insurance Policy (if applicable)
Coverage in the amount of $2,000,000.00/occurrence, $4,000,000.00 aggregate and assurance that each
such policy for each staff member remains full and in effect while providing services for owner.
The contractor shall provide the owner with a Certificate of Insurance naming the Borough of Middlesex
as additionally insured, evidencing the existence of required insurance prior to the commission of work.
Said insurance must include coverage for complete operations, contractual insurance and independent
contractor or subcontractor insurance, where and if applicable.
Errors and Omissions Insurance
A.
The contractor shall purchase and maintain during the entire period of this contract, errors
and omissions insurance that shall protect the contractor and the Borough from any and all
claims that may arise out of or result from the contractor’s performance of this contract.
Specifically, the errors and omissions insurance shall have limits of not less than
$2,000,000.00 dollars per occurrence and $4,000,000.00 dollars in the aggregate.
B.
Certificates of the Required Insurance
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Certificates as listed above shall be submitted along with the contract as evidence covering
Errors and Omissions insurance. Such coverage shall be with acceptable insurance
companies operating on an admitted basis in the State of New Jersey.
The contractor shall provide the Borough with a Certificate of Insurance naming the
Middlesex Borough, its employees, officers, and agents as additionally insured, and
evidencing the existence of required insurance prior to the commission of work.
Middlesex Borough will not accept Mutual Limitation of Liability terms.
2.6.10 Health Insurance Portability and Accountability Act of 1996 - HIPAA (If Applicable)
Both parties agree to comply with all requirements of the Federal Health Insurance Portability and
Accountability Act of 1996 (“HIPAA”) as maybe amended from time to time, and the corresponding
HIPAA regulations for the confidentiality and security of medical information.
The Contractor shall:
• Not use or disclose protected health information other than as permitted or required by law
• Use appropriate safeguards to protect the confidentiality of the information
• Report any use or disclosure not permitted
The contractor, by execution of the contract, shall thereby indemnify and hold the owner harmless from
any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the
failure of the contractor to comply with the requirements of the Health Insurance Portability and
Accountability Act (HIPAA) or any other statute or case law protecting the privacy of persons using its
services.
2.6.11 Proof of Licensure
Proof of licensure for providing Services in the State of New Jersey, for either the firm or the person
responsible for the work, shall be provided as required.
2.6.12 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 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.
2.7 Public Emergency
In the event of a Public Emergency declared at the Local, State or Federal Level, if the owner opts to
extend terms and conditions of this RFP, the contractor agrees to extend the terms and conditions of this
RFP, whether existing, expiring or expired no longer than six months, for goods and/or services for the
duration of the emergency. In the event the original contractor cannot meet this requirement, the owner
may solicit the goods and/or services from any bidder on this contract.
2.8 Multiple Proposals Not Accepted
More than one proposal from an individual, a firm or partnership, a corporation or association under the
same or different names shall not be considered.
2.9 Failure to Enter Contract
Should the respondent to whom the contract is awarded, fail to enter into a contract within ten (10) days,
Sundays and holidays excepted, the owner may then, at its option, accept the proposal of another
respondent.
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2.10 Commencement of Work
The contractor agrees to commence work after the date of award by the owner and upon notice from the
using department.
2.11 Time of Completion
It is hereby understood and mutually agreed, by and between the respondent and the owner, that the date
on which the work shall be substantially complete as specified in the RFP is an essential condition of
this contract. It is further mutually understood and agreed that the work and contract time embraced in
this Contract shall commence on the date specified and that the resulting contract shall be completed in
sequence and time frames identified by the owner.
The respondent agrees that said services shall be processed regularly, diligently, and uninterruptedly at
such rate of progress as will ensure full completion thereof within the time specified. It is expressly
understood and agreed, by and between the respondent and the owner, that the time of completion of the
services described herein is a reasonable time for the completion of it.
2.12 Termination of Contract
If, through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations under
the Contract or if the contractor violates any requirements of the Contract, the owner shall thereupon
have the right to terminate the Contract by giving written notice to the contractor of such termination at
least thirty (30) days prior to the proposed effective date of the termination. Such termination shall
relieve the owner of any obligation for the balances to the contractor of any sum or sums set forth in the
Contract.
The contractor agrees to indemnify and hold the owner 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 owner under this provision.
In case of default by the contractor, the owner may procure the articles or services from other sources
and hold the contractor responsible for any excess cost occasioned thereby.
2.13 Non-Allocation of Funding Termination
Each fiscal year payment obligation of the Owner is conditioned upon the availability of Owner funds
appropriated or allocated for the payment of such an obligation. If funds are not allocated and available
for the continuance of any services performed by the Contractor hereunder, whether in whole or in part,
the Owner at the end of any particular fiscal year may terminate such services. The Owner will notify
the Contractor in writing immediately of any services that will be affected by a shortage of appropriated
funds. This provision shall not be construed so as to permit the Owner to terminate this Agreement
during the term, or any service hereunder, merely in order to acquire identical services from a third-party
contractor.
2.14 Force Majeure
Neither party shall be responsible for any resulting loss or obligation to fulfill duties as specified in any
of the terms or provisions of this Agreement if the fulfillment of any term or provision of this
Agreement is delayed or prevented by any revolutions, insurrections, riots, wars, acts of enemies,
national emergencies, strikes, floods, fires, acts of God, or by any cause not within the control of the
party whose performance is interfered with which by the exercise of reasonable diligence such party is
unable to prevent. Additionally, if the fulfillment of any of the terms and provisions of this Agreement
is delayed or prevented by any court order, or action or injunction or other such agreement, this
Agreement shall become voidable by the Borough of Middlesex by notice to each party.
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2.15 The Owner and the Contractor each bind themselves and their successors, executors,
administrators, heirs and assigns and legal representatives of the other party respecting all covenants and
agreements and obligations of this contract.
2.16 The terms of this contract shall be construed and interpreted, and all respective rights and duties of
the parties shall be governed by the laws of the State of New Jersey.
2.17 Challenge of Specifications
Any respondent who wishes to challenge a specification shall file such challenge in writing with the
Purchasing Agent no less than three (3) business days prior to the opening of the RFP's.
Challenges filed after that time shall be considered void and having no impact on the owner or the award
of contract.
2.18 Payment
Invoices shall be submitted monthly and must specify, in detail, the period for which payment is
claimed, the services performed during the prescribed period, the amount claimed and correlation
between the services claimed, all backup documentation (mileage, time logs, receipts for expenses, etc.),
amount remaining in total balance, and the Proposal Cost Form.
The Borough of Middlesex will provide a sample Progress Report and Invoice for the Hired Consultant
to ensure compliance.
The owner may withhold all or partial payments on account of subsequently discovered evidence
including but not limited to the following:
1. Deliverables not complying with the project specification;
2. Claims filed or responsible evidence indicating probability of filing claims;
3. A reasonable doubt that the Contract can be completed for the balance then unpaid.
When the above grounds are removed, payment shall be made for amounts withheld because of them.
Invoices shall specify, in detail, the period for which payment is claimed, the services performed during
the prescribed period, the amount claimed and correlation between the services claimed and the Proposal
Cost Form.
2.19 Non-payment of Penalties and Interest on Overdue Bills
Public funds may be used to pay only for goods delivered or services rendered. The Borough of
Middlesex will not pay penalties and/or interest on overdue bills. No employee is authorized to sign a
letter of credit or any other document that represents a legal commitment on the part of the Borough to
pay additional fees.
2.20 Ownership of Material
The owner shall retain all of its rights and interest in any and all documents and property both hard copy
and digital furnished by the owner to the contractor for the purpose of assisting the contractor in the
performance of this contract. All such items shall be returned immediately to the owner at the expiration
or termination of the contract or completion of any related services, pursuant thereto, whichever comes
first. None of the documents and/or property shall, without the written consent of the owner, be
disclosed to others or used by the contractor or permitted by the contractor to be used by their parties at
any time except in the performance of the resulting contract.
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Ownership of all data, materials and documentation originated and prepared for the owner pursuant to
this contract shall belong exclusively to the owner. All data, reports, computerized information,
programs and materials related to this project shall be delivered to and become the property of the owner
upon completion of the project. The contractor shall not have the right to use, sell, or disclose the total of
the interim or final work products, or make available to third parties, without the prior written consent of
the owner.
Under state and federal statutes, certain government records are protected from public disclosure. The
Borough, the Contractor and any Subcontractors have a responsibility and an obligation to safeguard
from public access an employee's personal information with which it has been entrusted when disclosure
thereof would violate the employee's reasonable expectation of privacy. All payroll, personnel and
health insurance related files are confidential. Additionally, the Contractor and any Subcontractors may
be privy to sensitive law enforcement information or investigations during their review which must
remain confidential. The Borough reserves the right to make any public disclosure under the law. Also,
among government records deemed confidential are administrative or technical information regarding
computer hardware, software and networks that, if disclosed, would jeopardize computer security. The
Contractor and any Subcontractor(s) are prohibited from the sale or distribution of all supplied
information to any third party.
2.21 Source of Specifications/RFP Packages
Official Request for Proposal (RFP) packages for routine goods and services are available from
www.middesexboro-nj.gov at no cost to the prospective respondents. All addenda are posted on this
site. Potential respondents are cautioned that they are responding at their own risk if a third party
supplied the specifications that may or may not be complete. The Borough is not responsible for third
party supplied RFP documents.
2.22 Altering Official Document
Respondents shall not write in any margins or alter the official content of Borough’s RFP document.
2.23 RFP Preparation of Forms
RFPs must be signed in ink by the respondent; all quotations shall be made with a typewriter/computer
or pen and ink. Any quotation showing any erasure alteration must be initialed by the respondent in ink.
Unit prices and totals are to be inserted in spaces provided.
2.24 W-9
Successful bidder/respondent shall complete W-9 Form and submit to Finance prior to contract award.
The form is available at the following link: www.irs.gov/pub/irs-pdf/fw9.pdf
2.25 Resubmissions
In the case of Resubmissions for Bids or RFP’s, bidders are cautioned to use and submit only documents
of the current active bid. Prior bid documents, (original or any prior resubmission), are invalid as those
opportunities no longer legally exist. Submission of any forms or documents from a prior bid or
resubmission shall be reason to find your bid for the current opportunity non-responsive.
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3. SCOPE OF WORK (SOW)
The following is a description of the professional services needed, including where appropriate, a
description of tasks involved:
LEGAL COUNSEL – BOARD OF HEALTH - The Borough requires Board of Health legal counsel.
The minimum threshold criteria that will be utilized for the evaluation of the responses shall be as
follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Experience in field of municipal law representing governmental entities including preparation of
ordinances and resolutions, knowledge of rehabilitation laws and tax abatement laws and
condemnation proceedings for a minimum of five (5) years
4) Knowledge of the Board of Health and its operation
5) Draft or approve as to form and sufficiency all legal documents, contracts, ordinances and
resolutions made, executed or adopted by or on behalf of the Board
6) Provide legal advice, research and assistance including office work, correspondence, telephone
calls on all normal and special matters which the Board may require to be addressed by the
attorney
7) Draft all legal documents as may be required by the Board
8) Prepare and defend all litigation affecting the Board or any member of it which is the result of
decisions made on applications or in the normal performance of their official duties
9) Subject to the approval of the Board of Health, have the power to enter into any agreement,
compromise or settlement of any litigation in which the Board is involved
3.1 ADDITIONAL INFORMATION
The attorney shall provide the following services/responsibilities:
1) Attend meetings of the Board of Health upon request. There is currently a minimum of twelve
(12) meetings per year.
2) Be available for telephone consultations with the Chairman of the Board, Secretary of the Board,
the Health Officer and/or any other agents/individuals designated by the Board.
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BOROUGH OF MIDDLESEX
EXCEPTIONS
For each exception, the bidder must identify the specific section of specifications by providing the number and
title the exception applies to. It is the responsibility of the bidder to document the equivalence claim in
writing. Submitting product brochures is not an acceptable claim of equivalence.
(IF NONE SO STATE)
USE ADDITIONAL SHEET IF NECESSARY
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4.
Proposal Requirements
4.1 Qualification Statement
A statement is to be provided by the respondent who will serve as the primary contractor. The statement
shall set forth brief details of the firm's principal activities, the number of personnel in the firm and the
firm's location. Please provide a list of (3) three clients for whom similar services have been provided.
Include the following in your response:
1. Name of government agency.
2. Contact person’s name, position, and current telephone number.
3. Dates, cost and scope of service.
4. Status and comments
4.2 Key Personnel Information
The respondent shall provide the identity and the professional credentials of the principals and other key
personnel either working for the contractor and their areas of responsibilities.
4.3 Subcontractors
Respondents may engage the services of subcontractors for completion of this project. If their proposal
involves any subcontractors, full details on the nature of the work to be performed by them and the
location in which the work is to be performed must be provided. The respondent understands that if
selected, the owner prior to initiating any subcontracted work, must approve the use of subcontractors in
writing.
4.4 Proposal Forms
The following forms are contained in the attachments. All forms are required and shall be completed
and made part of the proposal submitted.
1. Proposal Cost/Signature Form
2. Qualifications Submission Form
3. Non-Collusion Affidavit
4. Stockholder Disclosure
5. Insurance Requirement Acknowledgement Form
6. Affirmative Action Statement
7. Professional Service Entity Information Form
8. Acknowledgement of Receipt of Addenda
9. Disclosure of Investment Activities in Iran
4.5 Location of Servicing Office
The proposal must list the location and address of the present, active office that will service and manage
this contract.
5.
Evaluation, Review and Selection Process
5.1 Proposals to Remain Subject to Acceptance
RFP responses shall remain open for a period of sixty (60) calendar days from the stated submittal. The
owner will either award the Contract within the applicable time period or reject all proposals.
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The owner may extend the decision to award or reject all proposals beyond the sixty (60) calendar days
when the proposals of any respondents who consent thereto may, at the request of the owner, be held for
consideration for such longer period as may be agreed.
5.2 Rejection of Proposals
The owner reserves the right to reject any or all proposals, or to reject any proposals if the evidence
submitted by, or investigation of such respondent fails to satisfy the owner that such respondent is
properly qualified to carry out the obligations of the RFP and to complete the work contemplated
therein. The owner reserves the right to waive any minor informality or reject any/or all submissions in
accordance with the Fair & Open Public Solicitation Process for professional services(s) pursuant to P.L.
2004, c.19 (N.J.S.A. 19:44A-20.4 et seq.) in the RFP.
5.3 Evaluation Process
An evaluation team will review all proposals to determine if they satisfy the Proposal Requirements,
determine if a proposal should be rejected and evaluate the proposals based upon the Evaluation Criteria.
The highest-ranking respondent will then be recommended to the governing body for award of contract,
based on most advantageous price and other factors. The Borough reserves the right to reach out to the
respondents to get clarification on Proposals on specific items if necessary, during the deliberation
process.
Evaluation Team – RFP respondents are prohibited from contacting any member of the evaluation team
directly without a formal invitation. If it is found that a respondent has attempted to discuss their
proposal with a team member without an invite, then their proposal may be deemed unresponsive. All
questions during the evaluation period shall be directed to the Purchasing Agent.
5.4 Evaluation Criteria
The criteria considered in the evaluation of each proposal follows. The arrangement of the criteria is not
meant to imply order of importance in the selection process. All criteria will be used to select the
successful respondent.
This will be based on the quality of the content of the RFP and the respondent's ability to communicate a
thorough understanding of the required tasks and the approach to meet the scope of work outlined in the
RFP. The proposals will be evaluated for general compliance with instructions and requests issued in
the RFP. Non-compliance with significant instructions will be grounds for disqualification of proposals.
5.4.1 Understanding of the Requested Work
The proposals will be evaluated for general compliance with instructions and requests issued in the RFP.
Non-compliance with significant instructions shall be grounds for disqualification of proposals.
5.4.2 Knowledge and Technical Competence
This includes the ability of the respondent to perform all of the tasks and fulfill adequately the stated
requirements.
5.4.3 Management, Experience and Personnel Qualifications
Expertise of the firm shall be demonstrated by past contract successes providing government agencies
with similar services. The respondent will be evaluated on knowledge, experience, prior collaboration
and successful completion of projects/services similar to that requested in this RFP.
In addition to relevant experience, respondents shall provide personnel qualifications in the Proposal.
(See 4.1 and 4.2).
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5.4.4 Ability to Complete the Project/Services in a Timely Manner
This is based on the estimated duration of the tasks and the respondent’s ability to accomplish these
tasks as stated.
5.4.5 Cost
Price shall be based on amount stated on the proposal cost form. Total overall costs to complete the
project, the cost of maintenance, training, etc., or price shall be based on hourly rates and schedules of
fees submitted with the proposal. Any services not included as part of any resulting contract scope of
services must be approved and authorized by the owner before such work is initiated. The owner shall
pay for such approved services, at the rate or cost agreed upon between the owner and contractor,
provided the respondent has provided a schedule of fees for additional services with this RFP.
5.5 Term of the contract
The term of this contract is January 1, 2024 – December 31, 2024. (Options to extend may be exercised
by mutual agreement in accordance with terms of N.J.S.A. 40A:11-4.1 et seq.)
5.6 Notice of Award
The successful respondent will be notified of the award of contract upon a favorable decision by the
governing body.
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BOROUGH OF MIDDLESEX
PROFESSIONAL SERVICES –- 2024
CHECKLIST
PROFESSIONAL SERVICE TITLE: BOARD OF HEALTH ATTORNEY
SUBMISSION DATE: Friday, January 12, 2024 at 11:00 AM
The following items, as indicated below (X), shall be provided with the receipt of sealed submissions:
1. Non-Collusion Affidavit …………………………….……………………………… ___X____
2. Stockholder Disclosure Certification ……………………………………….…………. ___X____
3. Insurance Requirement Acknowledgement Form …………..……….……………… ___X____
4. Mandatory Equal Employment Opportunity Notice Acknowledgement ………………___X____
5. Copy of your Business Registration Certificate as issued by the State of
New Jersey, Department of Treasury, Division of Revenue ...……………………….. ___X____
6. Professional Service Entity Information Form ……………………….………………. ___X____
7. Qualifications Submission Form…….………………………………………….……… ___X____
8. Disclosure of Investment Activities in Iran. Required prior to award of contract………. ___X____
9. Acknowledgement of Corrections, Additions or Deletions Form ………………….
___X____
10. Proposal Cost/Signature Form ………………………………..………………………..___X____
Reminder
Please submit one (1) original and one (1) additional set of the sealed submission.
Each submission shall be contained in a sealed envelope addressed to: Purchasing Agent,
Borough of Middlesex, 1200 Mountain Ave., Middlesex, NJ 08846 or in the preprinted
envelope supplied with the submission package when available and said envelope shall
specify the Appointment Title/Professional Service for which the submission is provided.
The submission is to be clearly marked (indicating the category of the professional service) –
“Sealed Submission Enclosed” (e.g. Board of Health Attorney – sealed submission enclosed)
and must be delivered at the place and time required or mailed so as to be received prior to
the opening time set in the advertisement.
Submissions received after the hour herein named or in unsealed envelopes shall not be
considered.
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BOROUGH OF MIDDLESEX
BID PROPOSAL FORM/SIGNATURE PAGE
PROFESSIONAL SERVICES – BOARD OF HEALTH ATTORNEY- 2024
TO THE BOROUGH OF MIDDLESEX:
The undersigned declares that he/she has read the Notice, Instructions, Affidavits and Scope of
Services attached, that he/she has determined the conditions affecting the bid and agrees, if this
bid is accepted, to furnish and deliver services per the following:
PROFESSIONAL SERVICES
FEE SCHEDULE SUBMITTED Yes No
(Corporation)
The undersigned is a (Partnership) under the laws of the State of __________________________ having its
(Individual)
Principal office at
Company
Federal I.D. # or Social Security #
Address
Signature of Authorized Agent
Type or Print Name
Title of Authorized Agent
Date
Telephone Number
Email Address
Fax Number
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BOROUGH OF MIDDLESEX
BOARD OF HEALTH ATTORNEY
QUALIFICATIONS SUBMISSION FORM
1.
Names and roles of the individuals who will perform the services and description of
their education and experience with projects similar to the services contained herein
including their education, degrees and certifications:
2.
References and record of success of same or similar service:
3.
Description of ability to provide the services in a timely fashion (including staffing,
familiarity and location of key staff):
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4. Cost details, including the hourly rates of each of the individuals who will perform
services, including their title, level of expertise and years of experience, and all expenses:
Firm __________________________________________ Date: _________________________
Authorized Representative (Print):___________________________________________________
Signature: ________________________ Title:________________________________________
Telephone #: _____________________ Fax #: ______________________________________
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BOROUGH OF MIDDLESEX
PROFESSIONAL SERVICE ENTITY INFORMATION FORM
If the Professional Service Entity is an INDIVIDUAL, sign name and give the following information:
Name:______________________________________________________________________________________________
Address:_____________________________________________________________________________________________
Telephone No.: ____________________Social Security No.:___________________________________________________
Fax No.: _______________________ E-Mail: _____________________________________________________________
If individual has a TRADE NAME, give such trade name:
Trading As: _________________________________ Telephone No.: ___________________________________________
****************************************************************************************************
If the Professional Service Entity is a PARTNERSHIP, give the following information:
Name of
Partners:_____________________________________________________________________________________________
Firm
Name:_______________________________________________________________________________________________
Address:_____________________________________________________________________________________________
Telephone No.: ____________________________ Federal I.D. No.:_____________________________________________
Fax No.: ______________________ E-Mail:_______________________________________________________________
Social Security No.:___________________________________________________________________________________
Signature of authorized agent:____________________________________________________________________________
****************************************************************************************************
If the Professional Service Entity is INCORPORATED, give the following information:
State under whose laws incorporated:_____________________________________________________________________
Location of principal office:_____________________________________________________________________________
Telephone No.: ____________________ Federal I.D. No.: ____________________________________________________
Fax No.: _______________________ E-Mail:_______________________________________________________________
Name of agent in charge of said office upon whom notice may be legally served:
____________________________________________________________________________________________________
Telephone No.: ___________________Name of Corporation: __________________________________________________
Signature: By: __________________________________________________________
Title: Address: ______________________________________________________________
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BOROUGH OF MIDDLESEX
OWNERSHIP STATEMENT - STOCKHOLDER DISCLOSURE FORM
LEGAL NAME OF BIDDER: ___________________________________________________________
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
Other, Please List __________________________________
List the names and addresses of all stockholders who own ten (10%) percent or more of the above company’s stock, and if
there are NO STOCKHOLDERS OF 10% OR MORE, simply check the second box below. If one or more such
stockholders or partner is itself a corporation or partnership, the stockholders holding 10% or more of that corporation's
stock, or the individual partners owning 10% of that corporation's stock, or the individual partners owning 10% or greater
interest in that partnership, as the case may be, must also be listed.
The disclosure shall be continued until names and addresses of every person who is a non-corporate
stockholder, or individual partner, exceeding the 10% ownership criteria established in this act, has been
listed, in full compliance with Chapter 33 of the New Jersey Public Laws of 1977.
BIDDERS/RESPONDENTS MUST CHECK THE APPROPRIATE BOX:
I certify that the list below contains the names and addresses of all stockholders holding 10% or more of the issued
and outstanding stock of the undersigned.
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned.
Publicly Traded - For publicly traded entities to comply with N.J.S.A. 52:25-24.2 they may submit the name and address
of each publicly traded entity, and the name and address of each person holding 10% or more beneficial interest in the
publicly traded entity as of the last annual filling with the Security Exchange Commission (SEC), or foreign equivalent
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing, or foreign equivalent:
____________________________________________________________________________________________
The requested information is available on the following page number(s) of the SEC, or foreign equivalent, filing:
____________________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
(Note: Attach additional pages if necessary)
________________________________________________________________
______________
(Respondent/Respondent Authorized Signature)
(Date)
___________________________________________
______________________________________
(Print name of authorized signatory)
(Title)
RFP – Professional Services 2024 – Borough of Middlesex
22
BOROUGH OF MIDDLESEX
NON-COLLUSION AFFIDAVIT
State of _____________
County of _____________
ss:
I, _____________________________ of the City of _______________________________
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 bidder making this Proposal for the above named project, and that I executed the said proposal
with full authority so to do; that said bidder has not, directly or indirectly entered into any
agreement, participated in any collusion, or otherwise taken any action in restraint of free,
competitive bidding in connection with the above named project; and that all statements contained
in said proposal and in this affidavit are true and correct, and made with full knowledge that the
Borough of Middlesex 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_________________________________.
(Name of Contractor)
(N.J.S.A. 52:34-15)
Subscribed and sworn to
Before me this _______day
Of ___________, _______.
Signature
(Type or print name of affiant under signature)
_______________________________________
Notary public of
My Commission expires ___________________.
RFP – Professional Services 2024 – Borough of Middlesex
23
BOROUGH OF MIDDLESEX
INSURANCE REQUIREMENTS AND ACKNOWLEDGEMENT FORM
Certificate(s) of Insurance shall be filed with the Borough Clerk’s Office upon award of
contract by the Mayor and Borough Council.
The minimum amount of insurance to be carried by the Professional Service Entity shall
be as follows:
PROFESSIONAL LIABILITY INSURANCE
Limits shall be a minimum of $2,000,000.00 for each claim and $4,000,000.00
aggregate each policy period.
Acknowledgement of Insurance Requirement:
________________________________________________________________
(Signature)
(Date)
________________________________________________________________
(Printed Name and Title)
RFP – Professional Services 2024 – Borough of Middlesex
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EXHIBIT A
EEO/AFFIRMATIVE ACTION COMPLIANCE NOTICE
N.J.S.A. 10:5-31 and N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance
to the Borough and Division of Public Contracts Equal Employment Opportunity Compliance. During
a review, Division representatives will review the Borough files to determine whether the
affirmative action evidence has been submitted by the vendor/contractor. Specifically, each
vendor/contractor shall submit to the Borough, prior to execution of the contract, one of the
following documents:
Goods and General Service Vendors
1. Letter of Federal Approval indicating that the vendor is under an existing federally approved or
sanctioned affirmative action program. A copy of the approval letter is to be provided by the
vendor to the Borough and the Division. This approval letter is valid for one year from the date
of issuance.
Do you have a federally-approved or sanctioned EEO/AA program?
Yes
No
If yes, please submit a photo static copy of such approval.
2. A Certificate of Employee Information Report (hereafter “Certificate”), issued in accordance with
N.J.A.C. 17:27-1.1 et seq. The vendor must provide a copy of the Certificate to the Borough as
evidence of its compliance with the regulations. The Certificate represents the review and
approval of the vendor’s Employee Information Report, Form AA-302 by the Division. The
period of validity of the Certificate is indicated on its face. Certificates must be renewed prior to
their expiration date in order to remain valid.
Do you have a State Certificate of Employee Information Report Approval?
Yes
No
If yes, please submit a photo static copy of such approval.
3. The successful vendor shall complete an Initial Employee Report, Form AA-302 and submit it to
the Division with $150.00 Fee and forward a copy of the Form to the Borough. Upon submission
and review by the Division, this report shall constitute evidence of compliance with the
regulations. Prior to execution of the contract, the EEO/AA evidence must be submitted.
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on
the Division website www.state.nj.us/treasury/contract_compliance.
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal
Employment Opportunity Compliance, with a copy to Public Agency.
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 and N.J.A.C. 17:27 and agrees to furnish the required forms of
evidence.
The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27.
COMPANY: ______________________________ SIGNATURE: ____________________________
PRINT NAME:___________________________ TITLE: __________________________________
DATE: __________________
RFP – Professional Services 2024 – Borough of Middlesex
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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 Borough employment goals
established in accordance with N.J.A.C. l7:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited
to, employment agencies, placement bureaus, colleges, universities, 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 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 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 www.state.nj.us/treasury/contract_compliance).
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.
RFP – Professional Services 2024 – Borough of Middlesex
26
SAMPLE CERTIFICATE OF EMPLOYEE INFORMATION REPORT
RFP – Professional Services 2024 – Borough of Middlesex
27
BOROUGH OF MIDDLESEX
AMERICANS WITH DISABILITIES ACT OF 1990
Equal Opportunity for Individuals with Disability
The Contractor and the Owner, do hereby agree that the provisions of Title 11 of the Americans
With Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 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 owner
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 owner in any action or administrative proceeding commenced pursuant
to this Act. The contractor shall indemnify, protect, and save harmless the 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 owner’s
grievance procedure, the contractor agrees to abide by any decision of the owner which is rendered
pursuant to said grievance procedure. If any action or administrative proceeding results in an
award of damages against the owner, or if the 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 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 owner or any of its agents, servants, and
employees, the owner shall expeditiously forward or have forwarded to the contractor every
demand, complaint, notice, summons, pleading, or other process received by the owner or its
representatives.
It is expressly agreed and understood that any approval by the 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 owner pursuant to this
paragraph.
It is further agreed and understood that the 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 owner from taking any other actions available to it
under any other provisions of the Agreement or otherwise at law.
RFP – Professional Services 2024 – Borough of Middlesex
28
BOROUGH OF MIDDLESEX
THESE ARE SAMPLES OF THE ONLY ACCEPTABLE
BUSINESS REGISTRATION CERTIFICATES
PREFER SUBMITTED WITH BID RESPONSE
REQUIRED BY LAW PRIOR TO AWARD OF CONTRACT
RFP – Professional Services 2024 – Borough of Middlesex
29
BOROUGH OF MIDDLESEX
DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
BID/RFP/Solicitation Number:
Bidder/Offeror:
Part 1: Certification
BIDDERS ARE TO COMPLETE PART 1 BY CHECKING EITHER BOX
Pursuant to Public Law 2012, c. 25, any person or entity that submits a bid or proposal or otherwise proposes to enter into
or renew a contract must complete the certification below to attest, under penalty of perjury, that neither the person or
entity, nor any of its parents, subsidiaries, or affiliates, is identified on the Department of the Treasury’s Chapter 25 list as a
person or entity engaging in investment activities in Iran. The Chapter 25 list is found on the Division’s website at
http://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf. Bidders must review this list prior to completing the
below certification. Failure to complete the certification may render a bidder’s proposal non-responsive. If the Director
finds a person or entity to be in violation of the law, s/he shall take action as may be appropriate and provided by law, rule
or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party
in default and seeking debarment or suspension of the party.
PLEASE CHECK THE APPROPRIATE BOX:
I certify, pursuant to Public Law 2012, c. 25, that neither the bidder listed above nor any of the bidder’s parents,
subsidiaries, or affiliates is listed on the N.J. Department of the Treasury’s list of entities determined to be engaged
in prohibited activities in Iran pursuant to P.L. 2012, c. 25 (“Chapter 25 List”). I further certify that I am the
person listed above, or I am an officer or representative of the entity listed above and am authorized to make this
certification on its behalf. I will skip Part 2 and sign and complete the Certification below.
OR
I am unable to certify as above because the bidder and/or one or more of its parents, subsidiaries, or affiliates is
listed on the Department’s Chapter 25 List. I will provide a detailed, accurate and precise description of the
activities in Part 2 below, sign and complete the Certification below.
PART 2: PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN
You must provide a detailed, accurate and precise description of the activities of the bidding person/entity, or one of its
parents, subsidiaries or affiliates, engaging in the investment activities in Iran on additional sheets provided by you.
Certification: I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any
attachments thereto to the best of my knowledge are true and complete. I attest that I am authorized to execute this
certification on behalf of the above-referenced person or entity. I acknowledge that Borough of Middlesex is relying on the
information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this
certification through the completion of any contracts with the Borough to notify the Borough in writing of any changes to the
answers of information contained herein. I acknowledge that I am aware that it is a criminal offense to make a false
statement or misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal prosecution
under the law and that it will also constitute a material breach of my agreement(s) with the Borough of Middlesex, New
Jersey and that the Borough at its option may declare any contract(s) resulting from this certification void and
unenforceable.
Full Name (Print)___________________________________ Signature: _______________________________________
Title _____________________________________________ Date:____________________
RFP – Professional Services 2024 – Borough of Middlesex
30
BOROUGH OF MIDDLESEX
ACKNOWLEDGMENT OF RECEIPT OF ADDENDA
The undersigned Bidder hereby acknowledges receipt of the following Addenda:
ADDENDUM
NUMBER
DATE
ACKNOWLEDGE RECEIPT
(Initial)
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
No Addenda were received:
Acknowledged for:
(Name of Bidder)
By:
(Signature of Authorized Representative)
Name:
(Print or Type)
Title:
Date:
RFP – Professional Services 2024 – Borough of Middlesex
31
EXHIBIT A
EVALUATION SHEET
BOROUGH OF
MIDDLESEX
EVALUATORS NAME
Write NA if
category
COMPANY NAME
does not apply.
Understanding the Requested Work
10 Points
Category
0 Points
1 - 2 Points
3 - 4 Points
Points Given
Demonstrates clear
Does not demonstrate clear
Proposal points are
Proposal is clear, readable
understanding
understanding
adequately defined
and precise
0 Points
1 - 2 Points
3 Points
Completeness and
Does not address major
Proposal absent some non-
Proposal complete and
responsiveness to RFP
requirements
critical points
responsive
Compliance with
Does not comply
Complies substantially
Complies with all
instructions and requests
instructions and requests
Knowledge and Professional Compliance
25 Points
Category
0 - 2 Points
3 - 4 Points
5 - 6 Points
Points Given
Education and training of
Minimal training, no formal
Some prior experience, some
High level of education and
employees, suitability to
education, new performer
training and documented
training, well proven
perform the required tasks
performance
performance
0 Points
1 - 2 Points
3 - 7 Points
Does respondent have the
Not adequately documented
Proposal uses some current
Well documented use of the
character, integrity,
technology
latest technologies
reputation, judgment,
experience & efficiency
required by the Professional
0 Points
1 - 2 Points
3 - 4 Points
QA/QC Process
Not adequately documented
QA/QC documented, but
QA/QC documented with
with little oversight
significant oversight
0 Points
1 - 3 Points
4 - 8 Points
Primary Professional vs.
More than one Sub-
Only one Sub-Professional
Primary Professional will do
subcontracted resources
Professional
providing 50% of resources
entire project
depending on nature of sub
to be used
and percentage of project
Ability to Perform Services in a Timely Manner
15 Points
Category
0 Points
1 - 2 Points
3 - 4 Points
Points Given
Scheduling Timeline
Cannot meet schedule
Meets most of schedule
Meets entire schedule
0 - 1 Points
2 - 3 Points
4 - 6 Points
Personnel & Resources
May not be sufficient
Sufficient for project
Dedicated resources
0 - 2 Points
3 - 4 Points
5 Points
Primary Professional
Primary Professional has not
Primary Professional has
No Sub-Professional or a
relationship Sub-
worked with Sub-
limited experience with Sub-
proven record with Sub-
Professionals
Professional
Professional
Professional
RFP – Professional Services 2024 – Borough of Middlesex
32
Management, Experience and Personnel Qualifications
25 Points
Category
0 Points
1 - 2 Points
3 Points
Points Given
Project Management Plan
Not demonstrated as sound
Plan is average
Plan is sound and detailed
Project Management Team
Does not meet qualifications
Qualified but little
Well qualified and has
experience working together
collaborated on similar projects
0 Points
1 -2 Points
3 - 5 Points
Record of reliability and
Not documented
Some documentation
Track record of high quality
quality of service
0 - 1 Points
2 - 4 Points
5 - 7 Points
Scope of Work Experience
Few related projects
Some similar projects
Numerous similar projects
Experience in performing
Limited experience
Good experience
Exceptional experience
similar work by employees
Management, Experience and Personnel Qualifications
25 Points
Category
0 Points
2 Points
3 Points
Points Given
Explanation of costs
Costs not explained
Some correlation provided
Well documented
0 - 4 Points
5 - 10 Points
11 - 15 Points
Cost comparison
Highest third in salary
dollars
Middle third in salary dollars
Lowest third in salary dollars
0 - 1 Points
2 - 3 Points
4 - 6 Points
Other costs, copies, travel, etc
Travel and copy cost in
Copy cost equal to OPRA
costs
None
excess of OPRA
0 Points
1 - 2 Points
3 Points
Additional Services
No needed additional
Possible additional services
Needed additional services
services identified
identified, costs not included
identified and included
TOTAL POINTS AWARDED
--- Document: RFP-2023-06 PROFESSIONAL SERVICES 2024 ---
RFP – Professional Services 2024 – Borough of Middlesex
1
Borough of Middlesex
1200 Mountain Avenue
Middlesex, New Jersey 08846
RFP – 2023-06
PUBLIC NOTICE UNDER A FAIR AND OPEN PROCESS FOR THE SOLICITATION OF
QUALIFICATIONS AND RATES FOR VARIOUS PROFESSIONALS
FOR APPOINTMENT JANUARY 1, 2024 THROUGH DECEMBER 31, 2024
AND SPECIAL PROJECTS ON A PROJECT BY PROJECT BASIS
NOTICE IS HEREBY GIVEN that sealed submissions will be received by the Purchasing
Agent or designated representative, for Middlesex Borough, on Wednesday, December 6, 2023 at 11:00
am prevailing time, in the Municipal Building, 1200 Mountain Avenue, Middlesex, New Jersey 08846,
then publicly opened for the following positions:
•
Auditing Services
•
Engineering Services – Borough
•
Engineering Services – Alternate
•
Engineering Services – Land Use Board
•
Engineering Services - Environmental
•
Legal Counsel – Bond
•
Legal Counsel – Municipal Attorney
•
Legal Counsel – Conflict Municipal
•
Legal Counsel – Land Use Board
•
Legal Counsel – Tax Appeals
•
Legal Counsel – Municipal Prosecutor
•
Legal Counsel – Labor
•
Legal Counsel – Redevelopment
•
Legal Counsel – Conflict Redevelopment
•
Legal Counsel – Environmental
•
Legal Counsel – Board of Health Attorney
•
Professional Planner – Borough
•
Professional Planner – Land Use Board
•
Sewage Collection System Operator – C-4 License Operator
•
Public Defender
•
Alternate Public Defender
•
Risk Management Consultant
•
Grant Writer
All professional service contractors are required to comply with 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). The submission
package is printable from the website www.middlesexboro-nj.gov or may be obtained at the Clerk’s
Office, Municipal Building,1200 Mountain Avenue, Middlesex, New Jersey 08846 during regular
business hours (9:00 a.m. – 4:00 p.m.). If submitting for more than one (1) professional service, you
must submit separate proposals for EACH service.
RFP – Professional Services 2024 – Borough of Middlesex
2
The Borough reserves the right to reject any or all submissions due to any defects or waive informalities
and accept any submissions that in their judgment will be in the best interest of the Borough. Questions
concerning this notice may be directed to Michael La Place, Borough Administrator,
mlaplace@middlesexboro-nj.gov.
Date Advertised: November 7, 2023
Carmen Modica
Purchasing Agent
RFP – Professional Services 2024 – Borough of Middlesex
3
BOROUGH OF MIDDLESEX
GENERAL INSTRUCTIONS
1. Introduction
The Borough of Middlesex, Middlesex County, State of New Jersey (hereinafter called the “OWNER”)
invites submissions for the service(s) mentioned in the Public Notice for Professional Services
Qualifications and Rates for 2024.
This contract is to furnish and deliver various professional services for the Borough of Middlesex
through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et. seq.
2. Administrative Conditions and Requirements
The following items express the conditions and requirements of this RFP. Together with the other RFP
sections, they apply to the RFP process, the subsequent contract, and project production. Any proposed
change, modification, or exception to these conditions and requirements may be the basis for the owner
to determine the proposal as non-responsive to the RFP and will be a factor in the determination of an
award of a contract. The contents of the proposal of the successful respondent, as accepted by the owner,
will become part of any contract awarded as a result of this RFP.
2.1 Proposal Submission Information
Submission Date and Time: Wednesday, December 6, 2023 at 11:00am
One (1) Original signed in ink & one (1) copy of the RFP response.
Submission Office:
Purchasing Agent, Clerk’s Office
1200 Mountain Avenue
Middlesex, NJ 08846
Each submission must be provided on a Standardized Submission Form as supplied in the submission
package and signed by the professional services entity or principal thereof. All prices and amounts must
be written in ink or preferably typewritten. Each signatory to the submission must initial all erasures or
corrections. If submitting for more than one (1) professional service, you must submit separate
proposals for EACH service.
Each submission shall be contained in a sealed envelope addressed to: Purchasing Agent, Borough of
Middlesex, 1200 Mountain Ave., Middlesex, NJ 08846, and said envelope shall specify the appointment
Title/Professional Service for which the submission is provided. The submission is to be clearly marked
(indicating the category of the professional service) – “Sealed Submission Enclosed” (e.g., Borough
Auditor – sealed submission enclosed) and must be delivered at the place and time required or mailed so
as to be received prior to the opening time set in the advertisement. Submissions received after the hour
herein named or in unsealed envelopes shall not be considered. The original proposal shall be signed in
ink and marked to distinguish it from the one (1) copy. Faxed or emailed proposals will NOT be
accepted.
The 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.
Responses delivered before the submission date and time specified above may be withdrawn upon
written application of the respondent who shall be required to produce evidence showing that the
individual is or represents the principal or principals involved in the proposal. After the submission date
and time specified above, responses must remain firm for a period of sixty (60) days.
RFP – Professional Services 2024 – Borough of Middlesex
4
The submission shall be accompanied by: (1) Non-Collusion Affidavit, (2) Disclosure of Ownership
Form, (3) Insurance Requirement Acknowledgement Form, (4) Mandatory Equal Employment
Opportunity Notice Acknowledgement, (5) Copy of the applicable Business Registration Certificate, (6)
Professional Services Entity Information Form, (7) Qualifications Submission, (8) List of Contribution,
(9) Disclosure of Investment Activities in Iran and (10) Acknowledgement of Corrections, Additions or
Deletions Form.
2.2 Borough Representative for this Solicitation
Questions by prospective respondents concerning this RFP may be addressed to Michael La Place in
writing via email mlaplace@middlesexboro-nj.gov. Please note the aforementioned contact is
authorized only to direct the attention of prospective respondents to various portions of the requirements
so that they may read and interpret each portion for themselves. NO employee of the Borough of
Middlesex is authorized to give interpretations of any portion of this RFP or to give information as to the
requirements for the RFP in addition to that already contained in the RFP unless as a formal addendum.
Interpretations of the RFP or additional information as to its requirements, when necessary, shall be
communicated to prospective respondents only by written addendum issued by the Purchasing Agent of
the Borough of Middlesex.
Please identify the contract name and note Request for Information as the subject line when submitting
a request by fax or email.
2.3 Interpretations and Addenda
Respondents are expected to examine the RFP with care and observe all its requirements. All questions
about the meaning or intent of this RFP, all interpretations and clarifications considered necessary by the
owner’s representative in response to such comments and questions will be issued by Addenda mailed or
delivered to all parties recorded as having received the RFP package. Only comments and questions
responded to by formal written Addenda will be binding. Oral interpretations, statements or
clarifications are without legal effect.
2.4 Quantities of Estimate
Wherever the estimated quantities of work to be done are shown in any section of this RFP, including
the Proposal Cost Form, they are given for use in comparing proposals. The owner especially reserves
the right (except as herein otherwise specifically limited) to increase or diminish the quantities as may
be deemed reasonably necessary or desirable by the owner to complete the work detailed in the contract.
Such increase or diminution shall in no way violate this contract, nor shall any such increase or
diminution give cause for claims or liability for damages.
2.5 Cost Liability and Additional Costs
The owner assumes no responsibility and liability for costs incurred by the respondents prior to the
issuance of an agreement. The liability of the owner shall be limited to the terms and conditions of the
contract.
Respondents will assume responsibility for all costs not stated in their proposals. All unit rates either
stated in the proposal or used as a basis for its pricing are required to be all-inclusive. Additional
charges, unless incurred for additional work performed by request of the owner as noted in 2.4, are not
to be billed and will not be paid.
2.6 Statutory and Other Requirements
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2.6.1 Compliance with Laws
Any contract entered into between the contractor and the owner must be in accordance with and subject
to compliance by both parties with the New Jersey Local Public Contracts Law. The contractor must
agree to comply with the non-discrimination provisions and all other laws and regulations applicable to
the performance of services there under. The respondent shall sign and acknowledge such forms and
certificates as may be required by this section.
2.6.2 Mandatory EEO/Affirmative Action Compliance - N.J.S.A 10:5-31 et seq. and N.J.A.C 17:27
et seq.
No firm shall be issued a contract unless it complies with the EEO/Affirmative Action requirements of
P. L. 1975, C. 127 as identified in the documents attached hereto. The form shall be properly executed.
2.6.3 Americans with Disabilities Act of 1990 - 42 U.S.C. S121 01 et seq.
Discrimination on the basis of disability in contracting for the delivery of services is prohibited.
Respondents are required to read American with Disabilities language that is part of the documents
attached hereto and agree that the provisions of Title II of the Act are made part of the contract. The
contractor is obligated to comply with the Act and hold the owner harmless.
2.6.4 Statement of Corporate Ownership-Stockholder Disclosure - N.J.S.A. 52:25-24.2 (P.L. 1977
c.33)
In accordance with N.J.S.A. 52:25-24.2, no corporation, partnership, limited partnership, limited liability
corporation, limited liability partnership, Subchapter S corporation or sole proprietorship, shall be
awarded a contract, unless prior to the receipt of the RFP response/bid or accompanying the RFP
response/bid of the corporation, partnership, limited partnership, limited liability corporation, limited
liability partnership, Subchapter S corporation or sole proprietorship, there is submitted to the Borough a
statement setting forth the names and addresses of all stockholders who own 10% or more of the stock,
of any class or of all individual partners who own a 10% or greater interest in the corporation,
partnership, limited partnership, limited liability corporation, limited liability partnership, Subchapter S
corporation or sole proprietorship. If one or more such stockholder or partner is itself a corporation or
partnership, the stockholders holding 10% or more of that corporation’s stock, or the individual partners
owning 10% or greater interest in that partnership, as the case may be, shall also be listed. The
disclosure shall be continued until names and addresses of every non-corporate stockholder and
individual partner exceeding the 10% ownership criteria established in this act has been listed. The form
shall be signed and submitted with the RFP proposal/bid whether or not a stockholder or partner owns
less than 10% of the business submitting the RFP proposal/bid. Failure to comply requires mandatory
rejection of the RFP proposal/bid. The Respondent shall complete and submit the form of statement that
is included in this RFP.
2.6.5 Non-Collusion Affidavit - N.J.S.A. 52:34-15
The Non-Collusion Affidavit, which is part of this RFP, shall be properly executed and submitted with
the RFP response.
2.6.6 Proof of N.J. Business Registration Certificate N.J.S.A. 52:32-44
Each bidder (contractor) is required to submit proof of business registration prior to award of the
contract. Proof of registration shall be a copy of the bidder’s Business Registration Certificate (BRC).
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 obtain and provide the owner with the BRC of subcontractors
knowingly used on this contract.
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2. The contractor shall maintain and submit to the contracting agency a list of
subcontractors and their addresses that may be updated from time to time during the
course of the contract performance. A complete and accurate list shall be submitted
before final payment is made for goods and services rendered under the contract.
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 taxable sales of tangible personal
property delivered into the State.
Failure to submit the BRC with the proposal is NOT a cause for rejection. However, the Borough
prefers the BRC be submitted with the proposal. If it is not provided prior to execution of a contract the
bidder’s bid guarantee shall be forfeited and the contract shall be awarded to the next lowest responsible
bidder.
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 $25.00 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.
A BRC is obtained from the New Jersey Division of Revenue and Enterprise Services. Information on
obtaining a BRC is available on the internet at www.nj.gov/treasury/revenue/busregcert.shtml or by
phone at (609) 292-2929.
Emergency Purchases or Contracts
For purchases of an emergent nature, the contractor shall provide its Business Registration Certificate
within two weeks from the date of purchase or execution of the contract or prior to payment for goods or
services, whichever is earlier.
2.6.7 Pay to Play – Notice of Disclosure Requirement
Business entities are advised of their responsibility to file an annual disclosure statement of political
contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A.
19:44A-20.27 if they receive contracts in excess of $50,000 from public entities in a calendar year.
Business entities are responsible for determining if filing is necessary. Additional information on this
requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.
2.6.8 Assign, Sublet or Transfer Any Rights/Interests
Neither the owner nor the Contractor shall assign, sublet, or transfer any rights or interest in this
Agreement without the prior written consent of the other party. Unless specifically stated to the contrary,
in writing, prior to an assignment, no assignment will release or discharge the assignor from any duty or
responsibility under this Agreement. Nothing herein shall be construed to give any rights or benefits to
anyone other than the owner and the Contractor.
2.6.9 Insurance and Indemnification
If it becomes necessary for the contractor, either as principal or by agent or employee, to enter upon the
premises or property of the owner in order to construct, erect, inspect, make delivery or remove property
hereunder, the contractor hereby covenants and agrees to take use, provide and make all proper,
necessary and sufficient precautions, safeguards, and protection against the occurrence of happenings of
any accident, injuries, damages, or hurt to person or property during the course of the work herein
covered and be his/her sole responsibility.
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The contractor shall maintain sufficient insurance to protect against all claims under Workers
Compensation, General Liability and Automobile and shall be subject to approval for adequacy of
protection and certificates of such insurance shall be provided.
Indemnification
The contractor agrees to indemnify and save harmless the owner, its officers, agents and employees,
hereinafter referred to as indemnitees, from all suits, including attorney’s fees and costs of litigation,
actions, loss damage, expense, cost of claims, of any character or on account of any act, claim or amount
arising or recovered under Worker’s Compensation law, or arising out of failure of the Contractor or
those acting under Contractor to conform to any statutes, ordinances, regulations, law or court decree. It
is the intent of the parties to this contract that the indemnities shall, in all instances, except for loss or
damage resulting from the sole negligence of the indemnitee, be indemnified against all liability, loss or
damage of any nature whatsoever.
Insurance Requirements:
Worker’s Compensation and Employer’s Liability Insurance
This insurance shall be maintained in full force during the life of this contract by the contractor covering
all employees engaged in performance of this contract pursuant to N.J.S.A. 34:15-12(a) and N.J.A.C.
12:235-1.6. Minimum Employer’s Liability $1,000,000.00.
General Liability Insurance
This insurance shall have limits of not less than $3,000,000.00 any one person and $3,000,000.00 any
one accident for bodily injury and $3,000,000.00 aggregate for property damage and shall be maintained
in force during the life of the contract.
Automobile Liability Insurance
This insurance covering contractor for claims arising from owned, hired and non-owned vehicles with
limits of not less than $3,000,000.00 any one person and $3,000,000.00 any one accident for bodily
injury and $3,000,000.00 each accident for property damage, shall be maintained in force during the life
of this contract by the contractor.
Professional Liability/Malpractice Insurance Policy (if applicable)
Coverage in the amount of $2,000,000.00/occurrence, $4,000,000.00 aggregate and assurance that each
such policy for each staff member remains full and in effect while providing services for owner.
The contractor shall provide the owner with a Certificate of Insurance naming the Borough of Middlesex
as additionally insured, evidencing the existence of required insurance prior to the commission of work.
Said insurance must include coverage for complete operations, contractual insurance and independent
contractor or subcontractor insurance, where and if applicable.
Errors and Omissions Insurance
A.
The contractor shall purchase and maintain during the entire period of this contract, errors
and omissions insurance that shall protect the contractor and the Borough from any and all
claims that may arise out of or result from the contractor’s performance of this contract.
Specifically, the errors and omissions insurance shall have limits of not less than
$2,000,000.00 dollars per occurrence and $4,000,000.00 dollars in the aggregate.
B.
Certificates of the Required Insurance
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Certificates as listed above shall be submitted along with the contract as evidence covering
Errors and Omissions insurance. Such coverage shall be with acceptable insurance
companies operating on an admitted basis in the State of New Jersey.
The contractor shall provide the Borough with a Certificate of Insurance naming the
Middlesex Borough, its employees, officers, and agents as additionally insured, and
evidencing the existence of required insurance prior to the commission of work.
Middlesex Borough will not accept Mutual Limitation of Liability terms.
2.6.10 Health Insurance Portability and Accountability Act of 1996 - HIPAA (If Applicable)
Both parties agree to comply with all requirements of the Federal Health Insurance Portability and
Accountability Act of 1996 (“HIPAA”) as maybe amended from time to time, and the corresponding
HIPAA regulations for the confidentiality and security of medical information.
The Contractor shall:
• Not use or disclose protected health information other than as permitted or required by law
• Use appropriate safeguards to protect the confidentiality of the information
• Report any use or disclosure not permitted
The contractor, by execution of the contract, shall thereby indemnify and hold the owner harmless from
any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the
failure of the contractor to comply with the requirements of the Health Insurance Portability and
Accountability Act (HIPAA) or any other statute or case law protecting the privacy of persons using its
services.
2.6.11 Proof of Licensure
Proof of licensure for providing Services in the State of New Jersey, for either the firm or the person
responsible for the work, shall be provided as required.
2.6.12 CERTIFICATION OF PROHIBITED ACTIVITIES IN RUSSIA AND BELAURUS &
INVESTMENT ACTIVITIES IN IRAN PURSUANT TO P.L.2022,c.3
N.J.S.A. 52:32-55 et seq.; P.L. 2022, c. 3 prohibits the award, renewal, amendment, or extension of
State and local public contracts for goods or services with persons or entities engaging in prohibited
activities in Russia or Belarus. P.L. 2012, c.25 prohibits the award or renewal of State and local public
contracts for goods and services with persons or entities engaged in certain investment activities in the
energy or finance sectors of Iran. Before a goods and services contract can be entered into, vendors and
contractors must certify that neither they nor any parent entity, subsidiary, or affiliate is listed on the
New Jersey Department of the Treasury’s list of entities determined to be engaged in prohibited
activities in Russia or Belarus pursuant to P.L. 2022, c. 3 (“Russia-Belarus list”) or in Iran pursuant to
P.L. 2012, c. 25 ("Chapter 25 list").
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2.7 Public Emergency
In the event of a Public Emergency declared at the Local, State or Federal Level, if the owner opts to
extend terms and conditions of this RFP, the contractor agrees to extend the terms and conditions of this
RFP, whether existing, expiring or expired no longer than six months, for goods and/or services for the
duration of the emergency. In the event the original contractor cannot meet this requirement, the owner
may solicit the goods and/or services from any bidder on this contract.
2.8 Multiple Proposals Not Accepted
More than one proposal from an individual, a firm or partnership, a corporation or association under the
same or different names shall not be considered.
2.9 Failure to Enter Contract
Should the respondent to whom the contract is awarded, fail to enter into a contract within ten (10) days,
Sundays and holidays excepted, the owner may then, at its option, accept the proposal of another
respondent.
2.10 Commencement of Work
The contractor agrees to commence work after the date of award by the owner and upon notice from the
using department.
2.11 Time of Completion
It is hereby understood and mutually agreed, by and between the respondent and the owner, that the date
on which the work shall be substantially complete as specified in the RFP is an essential condition of
this contract. It is further mutually understood and agreed that the work and contract time embraced in
this Contract shall commence on the date specified and that the resulting contract shall be completed in
sequence and time frames identified by the owner.
The respondent agrees that said services shall be processed regularly, diligently, and uninterruptedly at
such rate of progress as will ensure full completion thereof within the time specified. It is expressly
understood and agreed, by and between the respondent and the owner, that the time of completion of the
services described herein is a reasonable time for the completion of it.
2.12 Termination of Contract
If, through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations under
the Contract or if the contractor violates any requirements of the Contract, the owner shall thereupon
have the right to terminate the Contract by giving written notice to the contractor of such termination at
least thirty (30) days prior to the proposed effective date of the termination. Such termination shall
relieve the owner of any obligation for the balances to the contractor of any sum or sums set forth in the
Contract.
The contractor agrees to indemnify and hold the owner 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 owner under this provision.
In case of default by the contractor, the owner may procure the articles or services from other sources
and hold the contractor responsible for any excess cost occasioned thereby.
2.13 Non-Allocation of Funding Termination
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Each fiscal year payment obligation of the Owner is conditioned upon the availability of Owner funds
appropriated or allocated for the payment of such an obligation. If funds are not allocated and available
for the continuance of any services performed by the Contractor hereunder, whether in whole or in part,
the Owner at the end of any particular fiscal year may terminate such services. The Owner will notify
the Contractor in writing immediately of any services that will be affected by a shortage of appropriated
funds. This provision shall not be construed so as to permit the Owner to terminate this Agreement
during the term, or any service hereunder, merely in order to acquire identical services from a third-party
contractor.
2.14 Force Majeure
Neither party shall be responsible for any resulting loss or obligation to fulfill duties as specified in any
of the terms or provisions of this Agreement if the fulfillment of any term or provision of this
Agreement is delayed or prevented by any revolutions, insurrections, riots, wars, acts of enemies,
national emergencies, strikes, floods, fires, acts of God, or by any cause not within the control of the
party whose performance is interfered with which by the exercise of reasonable diligence such party is
unable to prevent. Additionally, if the fulfillment of any of the terms and provisions of this Agreement
is delayed or prevented by any court order, or action or injunction or other such agreement, this
Agreement shall become voidable by the Borough of Middlesex by notice to each party.
2.15 The Owner and the Contractor each bind themselves and their successors, executors,
administrators, heirs and assigns and legal representatives of the other party respecting all covenants and
agreements and obligations of this contract.
2.16 The terms of this contract shall be construed and interpreted, and all respective rights and duties of
the parties shall be governed by the laws of the State of New Jersey.
2.17 Challenge of Specifications
Any respondent who wishes to challenge a specification shall file such challenge in writing with the
Purchasing Agent no less than three (3) business days prior to the opening of the RFP's.
Challenges filed after that time shall be considered void and having no impact on the owner or the award
of contract.
2.18 Payment
Invoices shall be submitted monthly and must specify, in detail, the period for which payment is
claimed, the services performed during the prescribed period, the amount claimed and correlation
between the services claimed, all backup documentation (mileage, time logs, receipts for expenses, etc.),
amount remaining in total balance, and the Proposal Cost Form.
The Borough of Middlesex will provide a sample Progress Report and Invoice for the Hired Consultant
to ensure compliance.
The owner may withhold all or partial payments on account of subsequently discovered evidence
including but not limited to the following:
1. Deliverables not complying with the project specification;
2. Claims filed or responsible evidence indicating probability of filing claims;
3. A reasonable doubt that the Contract can be completed for the balance then unpaid.
When the above grounds are removed, payment shall be made for amounts withheld because of them.
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Invoices shall specify, in detail, the period for which payment is claimed, the services performed during
the prescribed period, the amount claimed and correlation between the services claimed and the Proposal
Cost Form.
2.19 Non-payment of Penalties and Interest on Overdue Bills
Public funds may be used to pay only for goods delivered or services rendered. The Borough of
Middlesex will not pay penalties and/or interest on overdue bills. No employee is authorized to sign a
letter of credit or any other document that represents a legal commitment on the part of the Borough to
pay additional fees.
2.20 Ownership of Material
The owner shall retain all of its rights and interest in any and all documents and property both hard copy
and digital furnished by the owner to the contractor for the purpose of assisting the contractor in the
performance of this contract. All such items shall be returned immediately to the owner at the expiration
or termination of the contract or completion of any related services, pursuant thereto, whichever comes
first. None of the documents and/or property shall, without the written consent of the owner, be
disclosed to others or used by the contractor or permitted by the contractor to be used by their parties at
any time except in the performance of the resulting contract.
Ownership of all data, materials and documentation originated and prepared for the owner pursuant to
this contract shall belong exclusively to the owner. All data, reports, computerized information,
programs and materials related to this project shall be delivered to and become the property of the owner
upon completion of the project. The contractor shall not have the right to use, sell, or disclose the total of
the interim or final work products, or make available to third parties, without the prior written consent of
the owner.
Under state and federal statutes, certain government records are protected from public disclosure. The
Borough, the Contractor and any Subcontractors have a responsibility and an obligation to safeguard
from public access an employee's personal information with which it has been entrusted when disclosure
thereof would violate the employee's reasonable expectation of privacy. All payroll, personnel and
health insurance related files are confidential. Additionally, the Contractor and any Subcontractors may
be privy to sensitive law enforcement information or investigations during their review which must
remain confidential. The Borough reserves the right to make any public disclosure under the law. Also,
among government records deemed confidential are administrative or technical information regarding
computer hardware, software and networks that, if disclosed, would jeopardize computer security. The
Contractor and any Subcontractor(s) are prohibited from the sale or distribution of all supplied
information to any third party.
2.21 Source of Specifications/RFP Packages
Official Request for Proposal (RFP) packages for routine goods and services are available from
www.middesexboro-nj.gov at no cost to the prospective respondents. All addenda are posted on this
site. Potential respondents are cautioned that they are responding at their own risk if a third party
supplied the specifications that may or may not be complete. The Borough is not responsible for third
party supplied RFP documents.
2.22 Altering Official Document
Respondents shall not write in any margins or alter the official content of Borough’s RFP document.
2.23 RFP Preparation of Forms
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RFPs must be signed in ink by the respondent; all quotations shall be made with a typewriter/computer
or pen and ink. Any quotation showing any erasure alteration must be initialed by the respondent in ink.
Unit prices and totals are to be inserted in spaces provided.
2.24 W-9
Successful bidder/respondent shall complete W-9 Form and submit to Finance prior to contract award.
The form is available at the following link: www.irs.gov/pub/irs-pdf/fw9.pdf
2.25 Resubmissions
In the case of Resubmissions for Bids or RFP’s, bidders are cautioned to use and submit only documents
of the current active bid. Prior bid documents, (original or any prior resubmission), are invalid as those
opportunities no longer legally exist. Submission of any forms or documents from a prior bid or
resubmission shall be reason to find your bid for the current opportunity non-responsive.
3. SCOPE OF WORK (SOW)
The following is a description of the professional services needed, including where appropriate, a
description of tasks involved:
AUDITING SERVICES for the preparation of the annual audit and annual financial statements of the
Borough. The minimum threshold criteria that will be utilized for the evaluation of the responses shall
be as follows:
1) The auditor signing the opinion letter must be a certified public accountant and a registered
municipal accountant
2) Provide evidence of professional liability insurance
3) Experience in providing advice and recommendations in the review of capital project requests
and timing and issuing of debt instruments by public bodies
4) Experience in the budgeting process and preparation of audits and annual financial statements for
public entities for a minimum of five (5) years; and
5) Knowledge of the Borough and its operations
ENGINEERING SERVICES for the general operations of the Borough. The minimum threshold
criteria that will be utilized for the evaluation of the responses shall be as follows:
1) Licensed to provide engineering services in the State of New Jersey for a minimum of five (5)
years
2) Evidence of professional liability insurance
3) Provide evidence of professional liability insurance
4) Representation of government entities for a minimum of five (5) years
5) Experience in submitting Federal and State of New Jersey Grant Applications for various infra-
structure improvement projects
6) Experience in State of New Jersey Stormwater Management requirements, including preparation
of Stormwater Pollution Prevention Plan; and
7) Knowledge of the Borough and its operations
ENGINEERING SERVICES – ALTERNATE for the general operations of the Borough. The
minimum threshold criteria that will be utilized for the evaluation of the responses shall be as follows:
1) License to provide engineering services in the State of New Jersey for a minimum of five (5)
years
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2) Evidence of professional liability insurance
3) Provide evidence of professional liability insurance
4) Representation of government entities for a minimum of five (5) years
5) Experience in submitting Federal and State of New Jersey Grant Applications for various infra-
structure improvement projects
6) Experience in State of New Jersey Stormwater Management requirements, including preparation
of Stormwater Pollution Prevention Plan; and
7) Knowledge of the Borough and its operations
ENGINEERING SERVICES - LAND USE BOARD. The minimum threshold criteria that will be
utilized for the evaluation of responses shall be as follows:
1) Licensed to provide engineering services in the State of New Jersey for a minimum of five (5)
years
2) Evidence of professional liability insurance
3) Representation of government entities for a minimum of five (5) years
4) Experience in review of land use and site plan applications and all related reviews for a
minimum of five (5) years
5) Experience and knowledge of the laws and regulations controlling zoning, development and land
use
6) Experience and knowledge of DEP laws and regulations; and
7) Knowledge of the Borough Land Use Board and its applications
ENGINEERING SERVICES - ENVIRONMENTAL for the Borough of Middlesex. The minimum
threshold criteria that will be utilized for the evaluation of responses shall be as follows:
1) Licensed to provide environmental engineering services in the State of New Jersey for a
minimum of five (5) years
2) Evidence of professional liability insurance
3) Experience with environmental site assessment regulations of the New Jersey Department of
Environmental Protection and the United States Environmental Protection Agency including site
remediation and brownfield development
4) Experience with remediation procedures dealing with underground storage tanks and
surrounding facilities
5) Experience with all phases of landfill monitoring, including preparation and submission of all
documents as required by the State of New Jersey Department of Environmental Protection
6) Representation of government entities for a minimum of five (5) years; and
7) Knowledge of the Borough and its operations
LEGAL COUNSEL – BOND - The Borough requires legal services for the representation of the
Borough in issuing bonds and financings. The minimum threshold criteria that will be utilized for the
evaluation of the responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Representation of government entities in the field of public finance for a minimum of five (5)
years; and
4) Knowledge of the Borough and its operations
LEGAL COUNSEL – MUNICIPAL ATTORNEY - The Borough requires general legal counsel. The
minimum threshold criteria that will be utilized for the evaluation of the responses shall be as follows:
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1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Experience in field of municipal law representing governmental entities including preparation of
ordinances and resolutions, tax appeals, property acquisitions, knowledge of rehabilitation laws
and tax abatement laws and condemnation proceedings for a minimum of five (5) years
4) Knowledge of the Borough and its operation
5) Draft or approve as to form and sufficiency all legal documents, contracts, deeds, ordinances and
resolutions made, executed or adopted by or on behalf of the Borough
6) With appropriate approval, conduct appeals from orders, decisions or judgments affecting any
interest of the Borough as the Attorney may in his/her discretion determine to be necessary or
desirable, or as directed by Mayor and Council
7) Subject to the approval of Mayor and Council, have the power to enter into any agreement,
compromise or settlement of any litigation in which the Borough is involved
8) Render opinions in writing upon any question of law submitted to the Attorney by the Mayor,
Council, or any member thereof, or the head of any department, with respect to their official
powers and duties and shall perform such other duties as may be necessary to provide legal
counsel to the Mayor, Borough Council and Clerk in the administration of the municipal affairs
9) Supervise and direct the work of such additional attorneys and technical professional assistants
as the Council may authorize for special or regular employment in or for the Borough; and
10) Have such other different functions, powers and duties as may be provided by general law or
ordinance
LEGAL COUNSEL – CONFLICT MUNICIPAL ATTORNEY - The Borough requires general legal
counsel. The minimum threshold criteria that will be utilized for the evaluation of the responses shall be
as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Experience in field of municipal law representing governmental entities including preparation of
ordinances and resolutions, tax appeals, property acquisitions, knowledge of rehabilitation laws
and tax abatement laws and condemnation proceedings for a minimum of five (5) years
4) Knowledge of the Borough and its operation
5) Draft or approve as to form and sufficiency all legal documents, contracts, deeds, ordinances and
resolutions made, executed or adopted by or on behalf of the Borough
6) With appropriate approval, conduct appeals from orders, decisions or judgments affecting any
interest of the Borough as the Attorney may in his/her discretion determine to be necessary or
desirable, or as directed by Mayor and Council
7) Subject to the approval of Mayor and Council, have the power to enter into any agreement,
compromise or settlement of any litigation in which the Borough is involved
8) Render opinions in writing upon any question of law submitted to the Attorney by the Mayor,
Council, or any member thereof, or the head of any department, with respect to their official
powers and duties and shall perform such other duties as may be necessary to provide legal
counsel to the Mayor, Borough Council and Clerk in the administration of the municipal affairs
9) Supervise and direct the work of such additional attorneys and technical professional assistants
as the Council may authorize for special or regular employment in or for the Borough; and
10) Have such other different functions, powers and duties as may be provided by general law or
ordinance
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LEGAL COUNSEL - LAND USE BOARD. The Borough requires general legal land use counsel.
The minimum threshold criteria that will be utilized for the evaluation of the responses shall be as
follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Experience in the field of municipal law representing governmental entities including land use
and site plan for a minimum of five (5) years; and
4) Knowledge of the Borough Land Use Board and its operations
LEGAL COUNSEL – TAX APPEALS - The Borough is seeking legal services for tax appeal
activities of the Borough. The minimum threshold criteria that will be utilized for the evaluation of the
responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Representation of governmental entities in the field of tax appeals, for a minimum of five (5)
years; and
4) Knowledge of the Borough and its operations
LEGAL COUNSEL – MUNICIPAL PROSECUTOR - The Borough requires legal services for the
position of prosecutor of the Middlesex Municipal Court. The minimum threshold criteria that will be
utilized for the evaluation of the responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Experience as a municipal prosecutor for a municipality for a minimum of five (5) years; and
4) Knowledge of the Borough Municipal Court and its operations
LEGAL COUNSEL – LABOR - The Borough requires legal services for the representation of the
Borough regarding labor relations proceedings in which the Borough or any of its officers or agencies
may be a party or have an interest. The minimum threshold criteria that will be utilized for the
evaluation of the responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Knowledge of the Borough and its operations
4) Representation of governmental entities in the field of labor relations for a minimum of (5) years
5) Render opinions in writing upon any question submitted by the Mayor, Borough Clerk or
Administrator working in conjunction with aforesaid municipal officials relating to matters of
labor law and employee practices and policies, where required by the Borough
6) Draft or approve as to form and sufficiency all labor related legal documents and contracts,
executed or adopted by or on behalf of the Borough; and
7) With appropriate approval, conduct appeals from orders, decisions or judgments affecting any
labor interest of the Borough
LEGAL COUNSEL – REDEVELOPMENT - The Borough is seeking legal services for the
redevelopment activities of the Borough. The minimum threshold criteria that will be utilized for the
evaluation of the responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
RFP – Professional Services 2024 – Borough of Middlesex
16
2) Evidence of professional liability insurance
3) Representation of governmental entities in the field of redevelopment, with particular emphasis
on municipal improvement authorities, for a minimum of five (5) years; and
4) Knowledge of the Borough and its operations
LEGAL COUNSEL – CONFLICT REDEVELOPMENT - The Borough is seeking legal services for
the redevelopment activities of the Borough. The minimum threshold criteria that will be utilized for the
evaluation of the responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Representation of governmental entities in the field of redevelopment, with particular emphasis
on municipal improvement authorities, for a minimum of five (5) years; and
4) Knowledge of the Borough and its operations
LEGAL COUNSEL – ENVIRONMENTAL - The Borough requires environmental legal counsel. The
minimum threshold criteria that will be utilized for the evaluation of the responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for minimum of five (5) years
2) Evidence of professional liability insurance
3) Experience in field of municipal environmental law representing governmental entities for a
minimum of five (5) years
4) Knowledge of the Borough and its operation
5) Draft or approve as to form and sufficiency all legal documents and contracts made, executed or
adopted by or on behalf of the Borough
6) With appropriate approval, conduct appeals from orders, decisions or judgments affecting any
interest of the Borough as the Environmental Attorney may in his/her discretion determine to be
necessary or desirable, or as directed by Mayor and Council
7) Subject to the approval of Mayor and Council, have the power to enter into any agreement,
compromise or settlement of any litigation in which the Borough is involved
8) Render opinions in writing upon any question of environmental law submitted to the Attorney by
the Mayor or Council; and
9) Supervise and direct work of such additional attorneys and technical professional assistants as
the Council may authorize for special or regular employment in or for the Borough
LEGAL COUNSEL – BOARD OF HEALTH - The Borough requires Board of Health legal counsel.
The minimum threshold criteria that will be utilized for the evaluation of the responses shall be as
follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Experience in field of municipal law representing governmental entities including preparation of
ordinances and resolutions, knowledge of rehabilitation laws and tax abatement laws and
condemnation proceedings for a minimum of five (5) years
4) Knowledge of the Board of Health and its operation
5) Draft or approve as to form and sufficiency all legal documents, contracts, ordinances and
resolutions made, executed or adopted by or on behalf of the Board
6) Provide legal advice, research and assistance including office work, correspondence, telephone
calls on all normal and special matters which the Board may require to be addressed by the
attorney
7) Draft all legal documents as may be required by the Board
RFP – Professional Services 2024 – Borough of Middlesex
17
8) Prepare and defend all litigation affecting the Board or any member of it which is the result of
decisions made on applications or in the normal performance of their official duties
9) Subject to the approval of the Board of Health, have the power to enter into any agreement,
compromise or settlement of any litigation in which the Board is involved
PROFESSIONAL PLANNER – BOROUGH - The Borough requires planning services for the
representation of the Borough. The minimum threshold criteria that will be utilized for the evaluation of
the responses shall be as follows:
1) Licensed as a professional planner by the State of New Jersey for a minimum of five (5) years
2) Experience in preparation of planning of municipal master plan and enacting ordinance
3) Experience in representing municipalities before the Council on Affordable Housing and
preparing housing element and fair share plan
4) Provide evidence of professional liability insurance
5) Representation of governmental entities in the field of planning for a minimum of five (5) years;
and
6) Knowledge of the Borough and its operations.
PROFESSIONAL PLANNER – LAND USE BOARD - The Borough requires planning services for
the representation of the Borough Land Use Board. The minimum threshold criteria that will be utilized
for the evaluation of the responses shall be as follows:
1) Licensed as a professional planner by the State of New Jersey for a minimum of five (5) years
2) Experience in preparation of planning of municipal master plan and enacting ordinances
3) Experience in representing municipalities before the Council on Affordable Housing and
preparing housing element and fair share plan
4) Representation of governmental entities in the field of planning for a minimum of five (5) years
5) Knowledge of the Borough and its operations
6) Experience with state criteria for granting of variances and zoning requirements
7) Provide evidence of professional liability insurance
8) Familiar with development and site plan reviews; and
9) Knowledge of the Borough and its operations
SEWAGE COLLECTION SYSTEM OPERATOR – C-4 OPERATOR - The Borough requires
services of a Licensed Sewage Collection System Operator for the sewage collection services in the
Borough. The minimum threshold criteria that will be utilized for the evaluation of the responses shall
be as follows:
1) Licensed as a professional C-4 License Operator by the State of New Jersey for a minimum of
five (5) years
2) Evidence of professional liability insurance
3) Representation of governmental entities in the field of sewage collection, with particular
emphasis on municipal authorities, for a minimum of five (5) years
4) Knowledge of the Borough and its operations
5) Experience with NJDEP interaction with regards to municipal systems
6) Experience with requirements and submittal of reports submitted to the MCUA on the systems
operations; and
7) Experience reviewing the data on sewage quality and quantity, and the quarterly charges from
the MCUA and qualified to propose recommended improvements to the collection system and
pumping station to improve operations and reduce infiltration and inflow.
RFP – Professional Services 2024 – Borough of Middlesex
18
PUBLIC DEFENDER – The Public Defender shall be a licensed Attorney at Law of New Jersey and
shall provide all necessary and desirable legal counsel and advise to those Municipal Court Defendants
who are financially qualified to receive the services of the Public Defender. The Public Defender shall
handle his duties as directed by the Borough Attorney.
ALTERNATE PUBLIC DEFENDER - The Alternate Public Defender shall be a licensed Attorney at
Law of New Jersey and shall provide all necessary and desirable legal counsel and advice to case related
to 2 other co-defendants already assigned to Public Defenders. The Alternate Public Defender shall
handle his duties as directed by the Municipal Court Judge. Public Defenders court dates are only
scheduled twice a month, usually the first and last Monday of each month.
RISK MANAGEMENT CONSULTANT - The Borough requires a Risk Management Consultant. The
minimum threshold criteria that will be utilized for the evaluation of the responses shall be as follows:
1) Assisting the Borough in identifying its insurable property and casualty exposures and
recommend professional methods to reduce, assume or transfer risk or loss
2) Reviewing with the Borough any additional coverages that should be carried but are not
available from the Middlesex County Joint Insurance Fund (FUND); and, subject to the
Borough’s authorization, place such coverages outside the FUND
3) Reviewing existing insurance coverage levels and advise whether or not those coverage levels
are appropriate
4) Reviewing Certificates of Insurance from contractors, vendors and professionals when requested
by the Borough
5) Marketing the Borough’s insurance needs with the current FUND, other Joint Insurance Funds,
private insurance companies or other venues to obtain the best possible coverage for the lowest
possible cost
6) Assisting where needed in the settlement of claims. The consultant would not be responsible for
work normally done by a public adjuster
7) Attending any meetings that the Borough deems necessary
8) Reviewing the Borough’s assessment as prepared by the FUND and assist the Borough in the
preparation of its annual insurance budget
9) Following up with the FUND for timely issuance of Policies and Endorsement and reviewing
same for accuracy and conformity to specifications
10) Assisting the Borough in the preparation of applications, statements of values, and similar
documents requested by the FUND
11) Reviewing the loss and engineering reports and generally assist the Borough’s Safety
Committee in its loss containment objectives. Attend and participate on the Safety Committee to
promote the safety objectives and goals of the Borough and FUND; and
12) Performing any other risk management related services required by the Borough or FUND’s
bylaws.
GRANT WRITER – The Borough requires a Grant Writer. The minimum threshold criteria that will be
utilized for the evaluation of the responses shall be as follows:
1) Research and identify potential funding sources, public grants, private foundation grants and
possible local and corporate sponsorships. Research shall include a presentation of all grant
requirements and criteria; matching fund requirements; reporting requirements and terms and
conditions of potential grant opportunities.
2) Track county, State and Federal funding opportunities pertinent to the Borough’s objectives.
RFP – Professional Services 2024 – Borough of Middlesex
19
3) Conduct and facilitate an annual onsite needs assessment and review and develop a plan(s) to
identify funding sources for Borough’s objectives for the year. Coordinate with all Borough
departments to determine if current or planned activities may be eligible for grants.
4) Conduct and prepare responses to all grant proposals, on behalf of various Borough departments,
including narratives and other writing services, statistical gathering, letters of support, budgets,
and final submissions.
5) Prepare written summaries of all grant reporting requirements, criteria, obligations, matching
find requirements, terms and conditions, deadlines, and evaluation criteria prior to submission.
6) Advise Borough, based on the grant management requirement of each proposal, whether the
grant amount is equitable to the require grant management.
7) Oversight of any administrative services necessary to meet grant requirements, including but not
limited to ongoing reporting requirements and associated coordination with municipal staff.
8) Preparations and review of grant reports and applications as requested by Borough.
9) Coordination with municipal staff to obtain relevant technical details and information required to
generate subject-specific grant content accurately and effectively.
10) Prepare and electronically submit monthly status tracking reports.
RFP – Professional Services 2024 – Borough of Middlesex
20
BOROUGH OF MIDDLESEX
EXCEPTIONS
For each exception, the bidder must identify the specific section of specifications by providing the number and
title the exception applies to. It is the responsibility of the bidder to document the equivalence claim in
writing. Submitting product brochures is not an acceptable claim of equivalence.
(IF NONE SO STATE)
USE ADDITIONAL SHEET IF NECESSARY
RFP – Professional Services 2024 – Borough of Middlesex
21
4.
Proposal Requirements
4.1 Qualification Statement
A statement is to be provided by the respondent who will serve as the primary contractor. The statement
shall set forth brief details of the firm's principal activities, the number of personnel in the firm and the
firm's location. Please provide a list of (3) three clients for whom similar services have been provided.
Include the following in your response:
1. Name of government agency.
2. Contact person’s name, position, and current telephone number.
3. Dates, cost and scope of service.
4. Status and comments
4.2 Key Personnel Information
The respondent shall provide the identity and the professional credentials of the principals and other key
personnel either working for the contractor and their areas of responsibilities.
4.3 Subcontractors
Respondents may engage the services of subcontractors for completion of this project. If their proposal
involves any subcontractors, full details on the nature of the work to be performed by them and the
location in which the work is to be performed must be provided. The respondent understands that if
selected, the owner prior to initiating any subcontracted work, must approve the use of subcontractors in
writing.
4.4 Proposal Forms
The following forms are contained in the attachments. All forms are required and shall be completed
and made part of the proposal submitted.
1. Proposal Cost/Signature Form
2. Qualifications Submission Form
3. Non-Collusion Affidavit
4. Stockholder Disclosure
5. Insurance Requirement Acknowledgement Form
6. Affirmative Action Statement
7. Professional Service Entity Information Form
8. Acknowledgement of Receipt of Addenda
9. List of Contribution
10. Disclosure of Investment Activities in Iran
4.5 Location of Servicing Office
The proposal must list the location and address of the present, active office that will service and manage
this contract.
5.
Evaluation, Review and Selection Process
5.1 Proposals to Remain Subject to Acceptance
RFP responses shall remain open for a period of sixty (60) calendar days from the stated submittal. The
owner will either award the Contract within the applicable time period or reject all proposals.
RFP – Professional Services 2024 – Borough of Middlesex
22
The owner may extend the decision to award or reject all proposals beyond the sixty (60) calendar days
when the proposals of any respondents who consent thereto may, at the request of the owner, be held for
consideration for such longer period as may be agreed.
5.2 Rejection of Proposals
The owner reserves the right to reject any or all proposals, or to reject any proposals if the evidence
submitted by, or investigation of such respondent fails to satisfy the owner that such respondent is
properly qualified to carry out the obligations of the RFP and to complete the work contemplated
therein. The owner reserves the right to waive any minor informality or reject any/or all submissions in
accordance with the Fair & Open Public Solicitation Process for professional services(s) pursuant to P.L.
2004, c.19 (N.J.S.A. 19:44A-20.4 et seq.) in the RFP.
5.3 Evaluation Process
An evaluation team will review all proposals to determine if they satisfy the Proposal Requirements,
determine if a proposal should be rejected and evaluate the proposals based upon the Evaluation Criteria.
The highest-ranking respondent will then be recommended to the governing body for award of contract,
based on most advantageous price and other factors. The Borough reserves the right to reach out to the
respondents to get clarification on Proposals on specific items if necessary, during the deliberation
process.
Evaluation Team – RFP respondents are prohibited from contacting any member of the evaluation team
directly without a formal invitation. If it is found that a respondent has attempted to discuss their
proposal with a team member without an invite, then their proposal may be deemed unresponsive. All
questions during the evaluation period shall be directed to the Purchasing Agent.
5.4 Evaluation Criteria
The criteria considered in the evaluation of each proposal follows. The arrangement of the criteria is not
meant to imply order of importance in the selection process. All criteria will be used to select the
successful respondent.
This will be based on the quality of the content of the RFP and the respondent's ability to communicate a
thorough understanding of the required tasks and the approach to meet the scope of work outlined in the
RFP. The proposals will be evaluated for general compliance with instructions and requests issued in
the RFP. Non-compliance with significant instructions will be grounds for disqualification of proposals.
5.4.1 Understanding of the Requested Work
The proposals will be evaluated for general compliance with instructions and requests issued in the RFP.
Non-compliance with significant instructions shall be grounds for disqualification of proposals.
5.4.2 Knowledge and Technical Competence
This includes the ability of the respondent to perform all of the tasks and fulfill adequately the stated
requirements.
5.4.3 Management, Experience and Personnel Qualifications
Expertise of the firm shall be demonstrated by past contract successes providing government agencies
with similar services. The respondent will be evaluated on knowledge, experience, prior collaboration
and successful completion of projects/services similar to that requested in this RFP.
In addition to relevant experience, respondents shall provide personnel qualifications in the Proposal.
(See 4.1 and 4.2).
RFP – Professional Services 2024 – Borough of Middlesex
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5.4.4 Ability to Complete the Project/Services in a Timely Manner
This is based on the estimated duration of the tasks and the respondent’s ability to accomplish these
tasks as stated.
5.4.5 Cost
Price shall be based on amount stated on the proposal cost form. Total overall costs to complete the
project, the cost of maintenance, training, etc., or price shall be based on hourly rates and schedules of
fees submitted with the proposal. Any services not included as part of any resulting contract scope of
services must be approved and authorized by the owner before such work is initiated. The owner shall
pay for such approved services, at the rate or cost agreed upon between the owner and contractor,
provided the respondent has provided a schedule of fees for additional services with this RFP.
5.5 Term of the contract
The term of this contract is January 1, 2024 – December 31, 2024. (Options to extend may be exercised
by mutual agreement in accordance with terms of N.J.S.A. 40A:11-4.1 et seq.)
5.6 Notice of Award
The successful respondent will be notified of the award of contract upon a favorable decision by the
governing body.
6.
List All Contributions
List all contributions, including in-kind contributions you or your firm/company (including all
equitable owners/members thereof) have made to any campaign or candidate for any public
office in Middlesex Borough or Middlesex County in 2022-2023. Include amount(s) of such
contribution(s) and the candidate(s) or committees to whom such amounts were given.
RFP – Professional Services 2024 – Borough of Middlesex
24
BOROUGH OF MIDDLESEX
PROFESSIONAL SERVICES - 2024
CHECKLIST
PROFESSIONAL SERVICE TITLE: _________________________________________________
Please fill in the appropriate title in the space above.
SUBMISSION DATE: Wednesday, December 6, 2023 at 11:00 AM
The following items, as indicated below (X), shall be provided with the receipt of sealed submissions:
1. Non-Collusion Affidavit …………………………….……………………………… ___X____
2. Stockholder Disclosure Certification ……………………………………….…………. ___X____
3. Insurance Requirement Acknowledgement Form …………..……….……………… ___X____
4. Mandatory Equal Employment Opportunity Notice Acknowledgement ………………___X____
5. Copy of your Business Registration Certificate as issued by the State of
New Jersey, Department of Treasury, Division of Revenue ...……………………….. ___X____
6. Professional Service Entity Information Form ……………………….………………. ___X____
7. Qualifications Submission Form…….………………………………………….……… ___X____
8. List of Contribution(s)………………..………………………….……………………… ___X____
9. Disclosure of Investment Activities in Iran. Required prior to award of contract………. ___X____
10. Acknowledgement of Corrections, Additions or Deletions Form …………………. ___X____
11. Proposal Cost/Signature Form ………………………………..………………………..___X____
Reminder
Please submit one (1) original and one (1) additional set of the sealed submission.
Each submission shall be contained in a sealed envelope addressed to: Purchasing Agent,
Borough of Middlesex, 1200 Mountain Ave., Middlesex, NJ 08846 or in the preprinted
envelope supplied with the submission package when available and said envelope shall
specify the Appointment Title/Professional Service for which the submission is provided.
The submission is to be clearly marked (indicating the category of the professional service) –
“Sealed Submission Enclosed” (e.g. Borough Auditor – sealed submission enclosed) and
must be delivered at the place and time required or mailed so as to be received prior to the
opening time set in the advertisement.
Submissions received after the hour herein named or in unsealed envelopes shall not be
considered.
RFP – Professional Services 2024 – Borough of Middlesex
25
BOROUGH OF MIDDLESEX
BID PROPOSAL FORM/SIGNATURE PAGE
PROFESSIONAL SERVICES - 2024
TO THE BOROUGH OF MIDDLESEX:
The undersigned declares that he/she has read the Notice, Instructions, Affidavits and Scope of
Services attached, that he/she has determined the conditions affecting the bid and agrees, if this
bid is accepted, to furnish and deliver services per the following:
PROFESSIONAL SERVICES
FEE SCHEDULE SUBMITTED Yes No
(Corporation)
The undersigned is a (Partnership) under the laws of the State of __________________________ having its
(Individual)
Principal office at
Company
Federal I.D. # or Social Security #
Address
Signature of Authorized Agent
Type or Print Name
Title of Authorized Agent
Date
Telephone Number
Email Address
Fax Number
RFP – Professional Services 2024 – Borough of Middlesex
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LIST ALL CONTRIBUTION(S)
2022-2023
List all contributions, including in-kind contributions you or your firm/company (including all
equitable owners/members thereof) have made to any campaign or candidate for any public office
in Middlesex Borough or Middlesex County in 2022-2023. Include amount(s) of such contribution(s)
and the candidate(s) or committees to whom such amounts were given.
Name of Campaign or Candidate
Amount of Contribution
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
By signing below, you acknowledge that you or your firm/company (including all equitable
owners/members thereof), have not made any contributions to any campaign or candidate for any
public office in Middlesex Borough or Middlesex County in 2022-2023.
COMPANY: ______________________________ PRINT NAME: ____________________________
SIGNATURE:___________________________ TITLE: __________________________________
DATE: __________________
RFP – Professional Services 2024 – Borough of Middlesex
27
BOROUGH OF MIDDLESEX
QUALIFICATIONS SUBMISSION FORM
1.
Names and roles of the individuals who will perform the services and description of
their education and experience with projects similar to the services contained herein
including their education, degrees and certifications:
2.
References and record of success of same or similar service:
3.
Description of ability to provide the services in a timely fashion (including staffing,
familiarity and location of key staff):
RFP – Professional Services 2024 – Borough of Middlesex
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4. Cost details, including the hourly rates of each of the individuals who will perform
services, including their title, level of expertise and years of experience, and all expenses:
Firm __________________________________________ Date: _________________________
Authorized Representative (Print):___________________________________________________
Signature: ________________________ Title:________________________________________
Telephone #: _____________________ Fax #: ______________________________________
RFP – Professional Services 2024 – Borough of Middlesex
29
BOROUGH OF MIDDLESEX
PROFESSIONAL SERVICE ENTITY INFORMATION FORM
If the Professional Service Entity is an INDIVIDUAL, sign name and give the following information:
Name:______________________________________________________________________________________________
Address:_____________________________________________________________________________________________
Telephone No.: ____________________Social Security No.:___________________________________________________
Fax No.: _______________________ E-Mail: _____________________________________________________________
If individual has a TRADE NAME, give such trade name:
Trading As: _________________________________ Telephone No.: ___________________________________________
****************************************************************************************************
If the Professional Service Entity is a PARTNERSHIP, give the following information:
Name of
Partners:_____________________________________________________________________________________________
Firm
Name:_______________________________________________________________________________________________
Address:_____________________________________________________________________________________________
Telephone No.: ____________________________ Federal I.D. No.:_____________________________________________
Fax No.: ______________________ E-Mail:_______________________________________________________________
Social Security No.:___________________________________________________________________________________
Signature of authorized agent:____________________________________________________________________________
****************************************************************************************************
If the Professional Service Entity is INCORPORATED, give the following information:
State under whose laws incorporated:_____________________________________________________________________
Location of principal office:_____________________________________________________________________________
Telephone No.: ____________________ Federal I.D. No.: ____________________________________________________
Fax No.: _______________________ E-Mail:_______________________________________________________________
Name of agent in charge of said office upon whom notice may be legally served:
____________________________________________________________________________________________________
Telephone No.: ___________________Name of Corporation: __________________________________________________
Signature: By: __________________________________________________________
Title: Address: ______________________________________________________________
RFP – Professional Services 2024 – Borough of Middlesex
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BOROUGH OF MIDDLESEX
OWNERSHIP STATEMENT - STOCKHOLDER DISCLOSURE FORM
LEGAL NAME OF BIDDER: ___________________________________________________________
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
Other, Please List __________________________________
List the names and addresses of all stockholders who own ten (10%) percent or more of the above company’s stock, and if
there are NO STOCKHOLDERS OF 10% OR MORE, simply check the second box below. If one or more such
stockholders or partner is itself a corporation or partnership, the stockholders holding 10% or more of that corporation's
stock, or the individual partners owning 10% of that corporation's stock, or the individual partners owning 10% or greater
interest in that partnership, as the case may be, must also be listed.
The disclosure shall be continued until names and addresses of every person who is a non-corporate
stockholder, or individual partner, exceeding the 10% ownership criteria established in this act, has been
listed, in full compliance with Chapter 33 of the New Jersey Public Laws of 1977.
BIDDERS/RESPONDENTS MUST CHECK THE APPROPRIATE BOX:
I certify that the list below contains the names and addresses of all stockholders holding 10% or more of the issued
and outstanding stock of the undersigned.
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned.
Publicly Traded - For publicly traded entities to comply with N.J.S.A. 52:25-24.2 they may submit the name and address
of each publicly traded entity, and the name and address of each person holding 10% or more beneficial interest in the
publicly traded entity as of the last annual filling with the Security Exchange Commission (SEC), or foreign equivalent
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing, or foreign equivalent:
____________________________________________________________________________________________
The requested information is available on the following page number(s) of the SEC, or foreign equivalent, filing:
____________________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
(Note: Attach additional pages if necessary)
________________________________________________________________
______________
(Respondent/Respondent Authorized Signature)
(Date)
___________________________________________
______________________________________
(Print name of authorized signatory)
(Title)
RFP – Professional Services 2024 – Borough of Middlesex
31
BOROUGH OF MIDDLESEX
NON-COLLUSION AFFIDAVIT
State of _____________
County of _____________
ss:
I, _____________________________ of the City of _______________________________
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 bidder making this Proposal for the above named project, and that I executed the said proposal
with full authority so to do; that said bidder has not, directly or indirectly entered into any
agreement, participated in any collusion, or otherwise taken any action in restraint of free,
competitive bidding in connection with the above named project; and that all statements contained
in said proposal and in this affidavit are true and correct, and made with full knowledge that the
Borough of Middlesex 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_________________________________.
(Name of Contractor)
(N.J.S.A. 52:34-15)
Subscribed and sworn to
Before me this _______day
Of ___________, _______.
Signature
(Type or print name of affiant under signature)
_______________________________________
Notary public of
My Commission expires ___________________.
RFP – Professional Services 2024 – Borough of Middlesex
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BOROUGH OF MIDDLESEX
INSURANCE REQUIREMENTS AND ACKNOWLEDGEMENT FORM
Certificate(s) of Insurance shall be filed with the Borough Clerk’s Office upon award of
contract by the Mayor and Borough Council.
The minimum amount of insurance to be carried by the Professional Service Entity shall
be as follows:
PROFESSIONAL LIABILITY INSURANCE
Limits shall be a minimum of $2,000,000.00 for each claim and $4,000,000.00
aggregate each policy period.
Acknowledgement of Insurance Requirement:
________________________________________________________________
(Signature)
(Date)
________________________________________________________________
(Printed Name and Title)
RFP – Professional Services 2024 – Borough of Middlesex
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EXHIBIT A
EEO/AFFIRMATIVE ACTION COMPLIANCE NOTICE
N.J.S.A. 10:5-31 and N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance
to the Borough and Division of Public Contracts Equal Employment Opportunity Compliance. During
a review, Division representatives will review the Borough files to determine whether the
affirmative action evidence has been submitted by the vendor/contractor. Specifically, each
vendor/contractor shall submit to the Borough, prior to execution of the contract, one of the
following documents:
Goods and General Service Vendors
1. Letter of Federal Approval indicating that the vendor is under an existing federally approved or
sanctioned affirmative action program. A copy of the approval letter is to be provided by the
vendor to the Borough and the Division. This approval letter is valid for one year from the date
of issuance.
Do you have a federally-approved or sanctioned EEO/AA program?
Yes
No
If yes, please submit a photo static copy of such approval.
2. A Certificate of Employee Information Report (hereafter “Certificate”), issued in accordance with
N.J.A.C. 17:27-1.1 et seq. The vendor must provide a copy of the Certificate to the Borough as
evidence of its compliance with the regulations. The Certificate represents the review and
approval of the vendor’s Employee Information Report, Form AA-302 by the Division. The
period of validity of the Certificate is indicated on its face. Certificates must be renewed prior to
their expiration date in order to remain valid.
Do you have a State Certificate of Employee Information Report Approval?
Yes
No
If yes, please submit a photo static copy of such approval.
3. The successful vendor shall complete an Initial Employee Report, Form AA-302 and submit it to
the Division with $150.00 Fee and forward a copy of the Form to the Borough. Upon submission
and review by the Division, this report shall constitute evidence of compliance with the
regulations. Prior to execution of the contract, the EEO/AA evidence must be submitted.
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on
the Division website www.state.nj.us/treasury/contract_compliance.
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal
Employment Opportunity Compliance, with a copy to Public Agency.
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 and N.J.A.C. 17:27 and agrees to furnish the required forms of
evidence.
The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27.
COMPANY: ______________________________ SIGNATURE: ____________________________
PRINT NAME:___________________________ TITLE: __________________________________
DATE: __________________
RFP – Professional Services 2024 – Borough of Middlesex
34
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 Borough employment goals
established in accordance with N.J.A.C. l7:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited
to, employment agencies, placement bureaus, colleges, universities, 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 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 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 www.state.nj.us/treasury/contract_compliance).
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.
RFP – Professional Services 2024 – Borough of Middlesex
35
SAMPLE CERTIFICATE OF EMPLOYEE INFORMATION REPORT
RFP – Professional Services 2024 – Borough of Middlesex
36
BOROUGH OF MIDDLESEX
AMERICANS WITH DISABILITIES ACT OF 1990
Equal Opportunity for Individuals with Disability
The Contractor and the Owner, do hereby agree that the provisions of Title 11 of the Americans
With Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 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 owner
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 owner in any action or administrative proceeding commenced pursuant
to this Act. The contractor shall indemnify, protect, and save harmless the 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 owner’s
grievance procedure, the contractor agrees to abide by any decision of the owner which is rendered
pursuant to said grievance procedure. If any action or administrative proceeding results in an
award of damages against the owner, or if the 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 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 owner or any of its agents, servants, and
employees, the owner shall expeditiously forward or have forwarded to the contractor every
demand, complaint, notice, summons, pleading, or other process received by the owner or its
representatives.
It is expressly agreed and understood that any approval by the 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 owner pursuant to this
paragraph.
It is further agreed and understood that the 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 owner from taking any other actions available to it
under any other provisions of the Agreement or otherwise at law.
RFP – Professional Services 2024 – Borough of Middlesex
37
BOROUGH OF MIDDLESEX
THESE ARE SAMPLES OF THE ONLY ACCEPTABLE
BUSINESS REGISTRATION CERTIFICATES
PREFER SUBMITTED WITH BID RESPONSE
REQUIRED BY LAW PRIOR TO AWARD OF CONTRACT
RFP – Professional Services 2024 – Borough of Middlesex
38
BOROUGH OF MIDDLESEX
DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
BID/RFP/Solicitation Number:
Bidder/Offeror:
Part 1: Certification
BIDDERS ARE TO COMPLETE PART 1 BY CHECKING EITHER BOX
Pursuant to Public Law 2012, c. 25, any person or entity that submits a bid or proposal or otherwise proposes to enter into
or renew a contract must complete the certification below to attest, under penalty of perjury, that neither the person or
entity, nor any of its parents, subsidiaries, or affiliates, is identified on the Department of the Treasury’s Chapter 25 list as a
person or entity engaging in investment activities in Iran. The Chapter 25 list is found on the Division’s website at
http://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf. Bidders must review this list prior to completing the
below certification. Failure to complete the certification may render a bidder’s proposal non-responsive. If the Director
finds a person or entity to be in violation of the law, s/he shall take action as may be appropriate and provided by law, rule
or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party
in default and seeking debarment or suspension of the party.
PLEASE CHECK THE APPROPRIATE BOX:
I certify, pursuant to Public Law 2012, c. 25, that neither the bidder listed above nor any of the bidder’s parents,
subsidiaries, or affiliates is listed on the N.J. Department of the Treasury’s list of entities determined to be engaged
in prohibited activities in Iran pursuant to P.L. 2012, c. 25 (“Chapter 25 List”). I further certify that I am the
person listed above, or I am an officer or representative of the entity listed above and am authorized to make this
certification on its behalf. I will skip Part 2 and sign and complete the Certification below.
OR
I am unable to certify as above because the bidder and/or one or more of its parents, subsidiaries, or affiliates is
listed on the Department’s Chapter 25 List. I will provide a detailed, accurate and precise description of the
activities in Part 2 below, sign and complete the Certification below.
PART 2: PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN
You must provide a detailed, accurate and precise description of the activities of the bidding person/entity, or one of its
parents, subsidiaries or affiliates, engaging in the investment activities in Iran on additional sheets provided by you.
Certification: I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any
attachments thereto to the best of my knowledge are true and complete. I attest that I am authorized to execute this
certification on behalf of the above-referenced person or entity. I acknowledge that Borough of Middlesex is relying on the
information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this
certification through the completion of any contracts with the Borough to notify the Borough in writing of any changes to the
answers of information contained herein. I acknowledge that I am aware that it is a criminal offense to make a false
statement or misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal prosecution
under the law and that it will also constitute a material breach of my agreement(s) with the Borough of Middlesex, New
Jersey and that the Borough at its option may declare any contract(s) resulting from this certification void and
unenforceable.
Full Name (Print)___________________________________ Signature: _______________________________________
Title _____________________________________________ Date:____________________
RFP – Professional Services 2024 – Borough of Middlesex
39
BOROUGH OF MIDDLESEX
ACKNOWLEDGMENT OF RECEIPT OF ADDENDA
The undersigned Bidder hereby acknowledges receipt of the following Addenda:
ADDENDUM
NUMBER
DATE
ACKNOWLEDGE RECEIPT
(Initial)
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
No Addenda were received:
Acknowledged for:
(Name of Bidder)
By:
(Signature of Authorized Representative)
Name:
(Print or Type)
Title:
Date:
RFP – Professional Services 2024 – Borough of Middlesex
40
EXHIBIT A
EVALUATION SHEET
BOROUGH OF
MIDDLESEX
EVALUATORS NAME
Write NA if
category
COMPANY NAME
does not apply.
Understanding the Requested Work
10 Points
Category
0 Points
1 - 2 Points
3 - 4 Points
Points Given
Demonstrates clear
Does not demonstrate clear
Proposal points are
Proposal is clear, readable
understanding
understanding
adequately defined
and precise
0 Points
1 - 2 Points
3 Points
Completeness and
Does not address major
Proposal absent some non-
Proposal complete and
responsiveness to RFP
requirements
critical points
responsive
Compliance with
Does not comply
Complies substantially
Complies with all
instructions and requests
instructions and requests
Knowledge and Professional Compliance
25 Points
Category
0 - 2 Points
3 - 4 Points
5 - 6 Points
Points Given
Education and training of
Minimal training, no formal
Some prior experience, some
High level of education and
employees, suitability to
education, new performer
training and documented
training, well proven
perform the required tasks
performance
performance
0 Points
1 - 2 Points
3 - 7 Points
Does respondent have the
Not adequately documented
Proposal uses some current
Well documented use of the
character, integrity,
technology
latest technologies
reputation, judgment,
experience & efficiency
required by the Professional
0 Points
1 - 2 Points
3 - 4 Points
QA/QC Process
Not adequately documented
QA/QC documented, but
QA/QC documented with
with little oversight
significant oversight
0 Points
1 - 3 Points
4 - 8 Points
Primary Professional vs.
More than one Sub-
Only one Sub-Professional
Primary Professional will do
subcontracted resources
Professional
providing 50% of resources
entire project
depending on nature of sub
to be used
and percentage of project
Ability to Perform Services in a Timely Manner
15 Points
Category
0 Points
1 - 2 Points
3 - 4 Points
Points Given
Scheduling Timeline
Cannot meet schedule
Meets most of schedule
Meets entire schedule
0 - 1 Points
2 - 3 Points
4 - 6 Points
Personnel & Resources
May not be sufficient
Sufficient for project
Dedicated resources
0 - 2 Points
3 - 4 Points
5 Points
Primary Professional
Primary Professional has not
Primary Professional has
No Sub-Professional or a
relationship Sub-
worked with Sub-
limited experience with Sub-
proven record with Sub-
Professionals
Professional
Professional
Professional
RFP – Professional Services 2024 – Borough of Middlesex
41
Management, Experience and Personnel Qualifications
25 Points
Category
0 Points
1 - 2 Points
3 Points
Points Given
Project Management Plan
Not demonstrated as sound
Plan is average
Plan is sound and detailed
Project Management Team
Does not meet qualifications
Qualified but little
Well qualified and has
experience working together
collaborated on similar projects
0 Points
1 -2 Points
3 - 5 Points
Record of reliability and
Not documented
Some documentation
Track record of high quality
quality of service
0 - 1 Points
2 - 4 Points
5 - 7 Points
Scope of Work Experience
Few related projects
Some similar projects
Numerous similar projects
Experience in performing
Limited experience
Good experience
Exceptional experience
similar work by employees
Management, Experience and Personnel Qualifications
25 Points
Category
0 Points
2 Points
3 Points
Points Given
Explanation of costs
Costs not explained
Some correlation provided
Well documented
0 - 4 Points
5 - 10 Points
11 - 15 Points
Cost comparison
Highest third in salary
dollars
Middle third in salary dollars
Lowest third in salary dollars
0 - 1 Points
2 - 3 Points
4 - 6 Points
Other costs, copies, travel, etc
Travel and copy cost in
Copy cost equal to OPRA
costs
None
excess of OPRA
0 Points
1 - 2 Points
3 Points
Additional Services
No needed additional
Possible additional services
Needed additional services
services identified
identified, costs not included
identified and included
TOTAL POINTS AWARDED
--- Document: RFP-2023-06 - Addendum No. 1 ---
BOROUGH OF MIDDLESEX
NOTICE OF ADDENDUM NO. 1
PROFESSIONAL SERVICES
Addendum No. 1 has been issued for the RFP pertaining to Professional Services for the Borough of
Middlesex on Tuesday, December 5, 2023 and posted on Borough website.
TO ALL CONCERNED: The original bid specification package for the above referenced project is
amended as noted in Addendum No. 1.
CONCERNING LIST OF ALL CONTRIBUTION FORM
Form titled LIST OF ALL CONTRIBUTION (s) 2022-2023, found on Page 26 of the RFP has been
repealed. You are not required to submit said form with proposal. Any and all Professionals who
have already submitted said form with their proposal will be considered a valid proposal and
accepted.
CONCERNING NEW BID OPENING DATE
The time to submit said proposals has been extended until Wednesday, December 13, 2023 at
11:00am.
Carmen Modica
Purchasing Agent
--- Document: RFP-2023-07 PUBLIC RELATIONS AND DESIGN CONSULTING SERVICES 2024 ---
Borough of Middlesex
1200 Mountain Avenue
Middlesex, New Jersey 08846
(732) 356-7400 ext. 237
NOTICE TO BIDDERS
RFP-2023-07
PUBLIC NOTICE UNDER A FAIR AND OPEN PROCESS FOR THE SOLICITATION
OF QUALIFICATIONS AND RATES PURSUANT TO N.J.S.A 40A:11-4.1 FOR PUBLIC
RELATIONS AND DESIGN CONSULTING SERVICES
FOR APPOINTMENT FROM JANUARY 1, 2024 THROUGH DECEMBER 31, 2024
AND SPECIAL PROJECTS ON A PROJECT BY PROJECT BASIS
NOTICE IS HEREBY GIVEN that sealed submissions will be received by the Purchasing Agent
or designated representative, for Middlesex Borough, on Wednesday, December 6, 2023 at 11:00
a.m. prevailing time, in the Municipal Building, 1200 Mountain Avenue, Middlesex, New Jersey
08846, then publicly opened and read out loud for the following position:
PUBLIC RELATIONS AND DESIGN CONSULTING SERVICES
All contractors that are awarded competitive contracts pursuant to N.J.S.A. 40A:11-4.1(m) are
required to comply with the requirements of N.J.S.A. 52:32-44 (Business Registration of Public
Contractors), N.J.S.A. 52:25-24.2 (Statement of Corporate Ownership), 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). The submission package may be obtained via email by contacting the Purchasing
Agent, Carmen Modica at cmodica@middlesexboro-nj.gov and providing your contact
information. Contact information to include vendor name and address, contact person, telephone
number.
The Borough reserves the right to reject any or all submissions due to any defects or waive
informalities and accept any submissions that in their judgment will be in the best interest of the
Borough. Questions concerning this notice may be directed to Michael La Place at
mlaplace@middlesexboro-nj.gov.
Carmen Modica, QPA
Purchasing Agent
Date Advertised: November 7, 2023
--- Document: RFP-2023-07 - Addendum No. 1 ---
BOROUGH OF MIDDLESEX
NOTICE OF ADDENDUM NO. 1
PUBLIC RELATIONS AND CONSULTING SERVICES
Addendum No. 1 has been issued for the RFP pertaining to Public Relations and Consulting Services
for the Borough of Middlesex on Tuesday, November 28, 2023, and posted on Borough website.
TO ALL CONCERNED: The original bid specification package for the above referenced project is
amended as noted in Addendum No. 1.
CONCERNING BUDGET QUESTIONS
Question:
Has the Borough prepared either an overall or an “upset” budget number for these services? And
absent that, what has the Borough budgeted for this on an annual basis in 2023 and/or 2022?
Answer:
The budget number is based upon the professional awarded the RFP. The Borough’s budget for
2022 and 2203 are as follows:
2022 Budget - $34,000
2023 Budget - $35,000
Carmen Modica
Purchasing Agent
--- Document: RFP-2023-07 - Addendum No. 2 ---
BOROUGH OF MIDDLESEX
NOTICE OF ADDENDUM NO. 2
PUBLIC RELATIONS AND DESIGN CONSULTING SERVICES
Addendum No. 2 has been issued for the RFP pertaining to Public Relations and Design Consulting
Services for the Borough of Middlesex on Tuesday, November 28, 2023, and posted on Borough
website.
TO ALL CONCERNED: The original bid specification package for the above referenced project is
amended as noted in Addendum No. 2.
CONCERNING BUDGET QUESTIONS
Question:
Can you please advise if I must bid on all products and services listed?
Answer:
Yes, you must bid on all products and services listed on the RFP.
Carmen Modica
Purchasing Agent
--- Document: RFP-2023-07 - Addendum No. 3 ---
BOROUGH OF MIDDLESEX
NOTICE OF ADDENDUM NO. 3
PUBLIC RELATIONS AND DESIGN CONSULTING SERVICES
Addendum No. 3 has been issued for the RFP pertaining to Public Relations and Design Consulting
Services for the Borough of Middlesex on Tuesday, November 28, 2023, and posted on Borough
website.
TO ALL CONCERNED: The original bid specification package for the above referenced project is
amended as noted in Addendum No. 3.
CONCERNING BUDGET QUESTIONS:
Questions:
1) I'm seeking clarification on a specific section of the RFP: "Visual or audio branding sample
promoting the Borough." Could you kindly elaborate on whether you're looking for something
entirely original and tailored to Middlesex, or if a general example showcasing our visual
branding expertise would suffice?
2) Additionally, considering that we will be submitting standardized PDF proposals, I'm curious
about the logistics of presenting our video and audio production client examples. Could you
provide guidance on how these materials will be reviewed?
Answers:
1) A general example showcasing your visual branding expertise will suffice.
2) Video’s should be submitted via USB or other method.
CONCERNING NEW BID OPENING DATE:
The new bid opening date for this procurement is now Tuesday, December 12, 2023.
Carmen Modica, QPA
Purchasing Agent
--- Document: BID 2023-001 - Middlesex PD RTU Replacement ---
Borough of Middlesex
1200 Mountain Avenue
Middlesex, New Jersey 08846
NOTICE TO BIDDERS
RE-BID#2023-001
Sealed bids will be received by the Purchasing Agent for the Borough of Middlesex on
Wednesday, September 6, 2023 at 11:00am prevailing time at the Borough of
Middlesex, 1200 Mountain Avenue, Middlesex, NJ 08846 at which time and place bids
will be opened and read in public for:
RE-BID - Middlesex Borough Police Department AHU Replacement
Bid responses must be made on the standard proposal forms, be enclosed in a sealed
package bearing the name and address of the bidder and the “MIDDLESEX
BOROUGH POLICE DEPARTMENT AHU REPLACEMENT BID” on the outside,
addressed to Carmen Modica, Purchasing Agent, at the address above.
Hard copies of the bidding documents for use in preparing bids may be obtained from
QuestCDN. Bid Documents can be downloaded electronically for a non-refundable fee
of $22.00 by going to the www.questcdn.com Project Search Page and looking up
QuestCDN Project Number 8628752. You can contact QuestCDN at 1-952-233-1632
or info@questcdn.com for assistance with membership registration, downloading and
working with digital documents. For questions regarding the bid documents or for
project
information,
please
contact
Pete
Pereira
at
(732)
584-0458
or
ppereira@psands.com. Pre-bid Walk-thru will be held on Friday, August 18, 2023 at
9:00am at 1101 Mountain Avenue, Middlesex, NJ 08846.
Any Bid Addenda will be issued on the Borough website and processed in
accordance with N.J.S.A. 40A:11-23(c)(1). All interested bidders should check the
website from now through bid opening. It is the sole responsibility of the
respondent to be knowledgeable of all addenda related to this procurement.
Bidders shall comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17-27
et seq.
Carmen Modica
Purchasing Agent
Date Advertised: Friday, August 11, 2023
--- Document: RFP - PROFESSIONAL SERVICES Legal Counsel-Bond and Legal Counsel-Conflict Redevelopment ---
RFP – Professional Services 2023 – Borough of Middlesex
1
Borough of Middlesex
1200 Mountain Avenue
Middlesex, New Jersey 08846
RFP – 2023-005
PUBLIC NOTICE UNDER A FAIR AND OPEN PROCESS FOR THE SOLICITATION OF
QUALIFICATIONS AND RATES FOR VARIOUS PROFESSIONALS
FOR APPOINTMENT JULY 1, 2023 THROUGH DECEMBER 31, 2023
AND SPECIAL PROJECTS ON A PROJECT BY PROJECT BASIS
NOTICE IS HEREBY GIVEN that sealed submissions will be received by the Purchasing
Agent or designated representative, for Middlesex Borough, on Wednesday, June 21, 2023 at 11:00 am
prevailing time, in the Municipal Building, 1200 Mountain Avenue, Middlesex, New Jersey 08846, then
publicly opened for the following positions:
•
Legal Counsel – Bond
•
Legal Counsel – Conflict Redevelopment
All professional service contractors are required to comply with 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). The submission
package is printable from the website www.middlesexboro-nj.gov or may be obtained at the Clerk’s
Office, Municipal Building,1200 Mountain Avenue, Middlesex, New Jersey 08846 during regular
business hours (9:00 a.m. – 4:00 p.m.). If submitting for more than one (1) professional service, you
must submit separate proposals for EACH service.
The Borough reserves the right to reject any or all submissions due to any defects or waive informalities
and accept any submissions that in their judgment will be in the best interest of the Borough. Questions
concerning this notice may be directed to Michael La Place, Borough Administrator,
mlaplace@middlesexboro-nj.gov.
Date Advertised: June 7, 2023
Carmen Modica
Purchasing Agent
RFP – Professional Services 2023 – Borough of Middlesex
2
BOROUGH OF MIDDLESEX
GENERAL INSTRUCTIONS
1. Introduction
The Borough of Middlesex, Middlesex County, State of New Jersey (hereinafter called the “OWNER”)
invites submissions for the service(s) mentioned in the Public Notice for Professional Services
Qualifications and Rates for 2023.
This contract is to furnish and deliver various professional services for the Borough of Middlesex
through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et. seq.
2. Administrative Conditions and Requirements
The following items express the conditions and requirements of this RFP. Together with the other RFP
sections, they apply to the RFP process, the subsequent contract, and project production. Any proposed
change, modification, or exception to these conditions and requirements may be the basis for the owner
to determine the proposal as non-responsive to the RFP and will be a factor in the determination of an
award of a contract. The contents of the proposal of the successful respondent, as accepted by the owner,
will become part of any contract awarded as a result of this RFP.
2.1 Proposal Submission Information
Submission Date and Time: Wednesday, June 21, 2023 at 11:00am
One (1) Original signed in ink & one (1) copy of the RFP response.
Submission Office:
Purchasing Agent, Clerk’s Office
1200 Mountain Avenue
Middlesex, NJ 08846
Each submission must be provided on a Standardized Submission Form as supplied in the submission
package and signed by the professional services entity or principal thereof. All prices and amounts must
be written in ink or preferably typewritten. Each signatory to the submission must initial all erasures or
corrections. If submitting for more than one (1) professional service, you must submit separate
proposals for EACH service.
Each submission shall be contained in a sealed envelope addressed to: Purchasing Agent, Borough of
Middlesex, 1200 Mountain Ave., Middlesex, NJ 08846, and said envelope shall specify the appointment
Title/Professional Service for which the submission is provided. The submission is to be clearly marked
(indicating the category of the professional service) – “Sealed Submission Enclosed” (e.g. Borough
Auditor – sealed submission enclosed) and must be delivered at the place and time required or mailed so
as to be received prior to the opening time set in the advertisement. Submissions received after the hour
herein named or in unsealed envelopes shall not be considered. The original proposal shall be signed in
ink and marked to distinguish it from the one (1) copy. Faxed or emailed proposals will NOT be
accepted.
The 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.
Responses delivered before the submission date and time specified above may be withdrawn upon
written application of the respondent who shall be required to produce evidence showing that the
individual is or represents the principal or principals involved in the proposal. After the submission date
and time specified above, responses must remain firm for a period of sixty (60) days.
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The submission shall be accompanied by: (1) Non-Collusion Affidavit, (2) Disclosure of Ownership
Form, (3) Insurance Requirement Acknowledgement Form, (4) Mandatory Equal Employment
Opportunity Notice Acknowledgement, (5) Copy of the applicable Business Registration Certificate, (6)
Professional Services Entity Information Form, (7) Qualifications Submission, (8) List of Contribution,
(9) Disclosure of Investment Activities in Iran and (10) Acknowledgement of Corrections, Additions or
Deletions Form.
2.2 Borough Representative for this Solicitation
Questions by prospective respondents concerning this RFP may be addressed to Michael La Place in
writing via email mlaplace@middlesexboro-nj.gov . Please note the aforementioned contact is
authorized only to direct the attention of prospective respondents to various portions of the requirements
so that they may read and interpret each portion for themselves. NO employee of the Borough of
Middlesex is authorized to give interpretations of any portion of this RFP or to give information as to the
requirements for the RFP in addition to that already contained in the RFP unless as a formal addenda.
Interpretations of the RFP or additional information as to its requirements, when necessary, shall be
communicated to prospective respondents only by written addendum issued by the Purchasing Agent of
the Borough of Middlesex.
Please identify the contract name and note Request for Information as the subject line when submitting
a request by fax or email.
2.3 Interpretations and Addenda
Respondents are expected to examine the RFP with care and observe all its requirements. All questions
about the meaning or intent of this RFP, all interpretations and clarifications considered necessary by the
owner’s representative in response to such comments and questions will be issued by Addenda mailed or
delivered to all parties recorded as having received the RFP package. Only comments and questions
responded to by formal written Addenda will be binding. Oral interpretations, statements or
clarifications are without legal effect.
2.4 Quantities of Estimate
Wherever the estimated quantities of work to be done are shown in any section of this RFP, including
the Proposal Cost Form, they are given for use in comparing proposals. The owner especially reserves
the right (except as herein otherwise specifically limited) to increase or diminish the quantities as may
be deemed reasonably necessary or desirable by the owner to complete the work detailed by the
contract. Such increase or diminution shall in no way violate this contract, nor shall any such increase or
diminution give cause for claims or liability for damages.
2.5 Cost Liability and Additional Costs
The owner assumes no responsibility and liability for costs incurred by the respondents prior to the
issuance of an agreement. The liability of the owner shall be limited to the terms and conditions of the
contract.
Respondents will assume responsibility for all costs not stated in their proposals. All unit rates either
stated in the proposal or used as a basis for its pricing are required to be all-inclusive. Additional
charges, unless incurred for additional work performed by request of the owner as noted in 2.4, are not
to be billed and will not be paid.
2.6 Statutory and Other Requirements
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2.6.1 Compliance with Laws
Any contract entered into between the contractor and the owner must be in accordance with and subject
to compliance by both parties with the New Jersey Local Public Contracts Law. The contractor must
agree to comply with the non-discrimination provisions and all other laws and regulations applicable to
the performance of services there under. The respondent shall sign and acknowledge such forms and
certificates as may be required by this section.
2.6.2 Mandatory EEO/Affirmative Action Compliance - N.J.S.A 10:5-31 et seq. and N.J.A.C 17:27
et seq.
No firm shall be issued a contract unless it complies with the EEO/Affirmative Action requirements of
P. L. 1975, C. 127 as identified in the documents attached hereto. The form shall be properly executed.
2.6.3 Americans with Disabilities Act of 1990 - 42 U.S.C. S121 01 et seq.
Discrimination on the basis of disability in contracting for the delivery of services is prohibited.
Respondents are required to read American with Disabilities language that is part of the documents
attached hereto and agree that the provisions of Title II of the Act are made part of the contract. The
contractor is obligated to comply with the Act and hold the owner harmless.
2.6.4 Statement of Corporate Ownership-Stockholder Disclosure - N.J.S.A. 52:25-24.2 (P.L. 1977
c.33)
In accordance with N.J.S.A. 52:25-24.2, no corporation, partnership, limited partnership, limited liability
corporation, limited liability partnership, Subchapter S corporation or sole proprietorship, shall be
awarded a contract, unless prior to the receipt of the RFP response/bid or accompanying the RFP
response/bid of the corporation, partnership, limited partnership, limited liability corporation, limited
liability partnership, Subchapter S corporation or sole proprietorship, there is submitted to the Borough a
statement setting forth the names and addresses of all stockholders who own 10% or more of the stock,
of any class or of all individual partners who own a 10% or greater interest in the corporation,
partnership, limited partnership, limited liability corporation, limited liability partnership, Subchapter S
corporation or sole proprietorship. If one or more such stockholder or partner is itself a corporation or
partnership, the stockholders holding 10% or more of that corporation’s stock, or the individual partners
owning 10% or greater interest in that partnership, as the case may be, shall also be listed. The
disclosure shall be continued until names and addresses of every non-corporate stockholder and
individual partner, exceeding the 10% ownership criteria established in this act has been listed. The form
shall be signed and submitted with the RFP proposal/bid whether or not a stockholder or partner owns
less than 10% of the business submitting the RFP proposal/bid. Failure to comply requires mandatory
rejection of the RFP proposal/bid. The Respondent shall complete and submit the form of statement that
is included in this RFP.
2.6.5 Non-Collusion Affidavit - N.J.S.A. 52:34-15
The Non-Collusion Affidavit, which is part of this RFP, shall be properly executed and submitted with
the RFP response.
2.6.6 Proof of N.J. Business Registration Certificate N.J.S.A. 52:32-44
Each bidder (contractor) is required to submit proof of business registration prior to award of the
contract. Proof of registration shall be a copy of the bidder’s Business Registration Certificate (BRC).
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 obtain and provide the owner the BRC of subcontractors knowingly
used on this contract.
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2. The contractor shall maintain and submit to the contracting agency a list of
subcontractors and their addresses that may be updated from time to time during the
course of the contract performance. A complete and accurate list shall be submitted
before final payment is made for goods and services rendered under the contract.
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 taxable sales of tangible personal
property delivered into the State.
Failure to submit the BRC with the proposal is NOT a cause for rejection. However, the Borough
prefers the BRC be submitted with the proposal. If it is not provided prior to execution of a contract the
bidder’s bid guarantee shall be forfeited and the contract shall be awarded to the next lowest responsible
bidder.
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 $25.00 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.
A BRC is obtained from the New Jersey Division of Revenue and Enterprise Services. Information on
obtaining a BRC is available on the internet at www.nj.gov/treasury/revenue/busregcert.shtml or by
phone at (609) 292-2929.
Emergency Purchases or Contracts
For purchases of an emergent nature, the contractor shall provide its Business Registration Certificate
within two weeks from the date of purchase or execution of the contract or prior to payment for goods or
services, whichever is earlier.
2.6.7 Pay to Play – Notice of Disclosure Requirement
Business entities are advised of their responsibility to file an annual disclosure statement of political
contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A.
19:44A-20.27 if they receive contracts in excess of $50,000 from public entities in a calendar year.
Business entities are responsible for determining if filing is necessary. Additional information on this
requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.
2.6.8 Assign, Sublet or Transfer Any Rights/Interests
Neither the owner nor the Contractor shall assign, sublet, or transfer any rights or interest in this
Agreement without the prior written consent of the other party. Unless specifically stated to the contrary,
in writing, prior to an assignment, no assignment will release or discharge the assignor from any duty or
responsibility under this Agreement. Nothing herein shall be construed to give any rights or benefits to
anyone other than the owner and the Contractor.
2.6.9 Insurance and Indemnification
If it becomes necessary for the contractor, either as principal or by agent or employee, to enter upon the
premises or property of the owner in order to construct, erect, inspect, make delivery or remove property
hereunder, the contractor hereby covenants and agrees to take use, provide and make all proper,
necessary and sufficient precautions, safeguards, and protection against the occurrence of happenings of
any accident, injuries, damages, or hurt to person or property during the course of the work herein
covered and be his/her sole responsibility.
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The contractor shall maintain sufficient insurance to protect against all claims under Workers
Compensation, General Liability and Automobile and shall be subject to approval for adequacy of
protection and certificates of such insurance shall be provided.
Indemnification
The contractor agrees to indemnify and save harmless the owner, its officers, agents and employees,
hereinafter referred to as indemnitees, from all suits, including attorney’s fees and costs of litigation,
actions, loss damage, expense, cost of claims, of any character or on account of any act, claim or amount
arising or recovered under Worker’s Compensation law, or arising out of failure of the Contractor or
those acting under Contractor to conform to any statutes, ordinances, regulations, law or court decree. It
is the intent of the parties to this contract that the indemnities shall, in all instances, except for loss or
damage resulting from the sole negligence of the indemnitee, be indemnified against all liability, loss or
damage of any nature whatsoever.
Insurance Requirements:
Worker’s Compensation and Employer’s Liability Insurance
This insurance shall be maintained in full force during the life of this contract by the contractor covering
all employees engaged in performance of this contract pursuant to N.J.S.A. 34:15-12(a) and N.J.A.C.
12:235-1.6. Minimum Employer’s Liability $1,000,000.00.
General Liability Insurance
This insurance shall have limits of not less than $3,000,000.00 any one person and $3,000,000.00 any
one accident for bodily injury and $3,000,000.00 aggregate for property damage and shall be maintained
in force during the life of the contract.
Automobile Liability Insurance
This insurance covering contractor for claims arising from owned, hired and non-owned vehicles with
limits of not less than $3,000,000.00 any one person and $3,000,000.00 any one accident for bodily
injury and $3,000,000.00 each accident for property damage, shall be maintained in force during the life
of this contract by the contractor.
Professional Liability/Malpractice Insurance Policy (if applicable)
Coverage in the amount of $2,000,000.00/occurrence, $4,000,000.00 aggregate and assurance that each
such policy for each staff member remains full and in effect while providing services for owner.
The contractor shall provide the owner with a Certificate of Insurance naming the Borough of Middlesex
as additionally insured, evidencing the existence of required insurance prior to the commission of work.
Said insurance must include coverage for complete operations, contractual insurance and independent
contractor or subcontractor insurance, where and if applicable.
Errors and Omissions Insurance
A.
The contractor shall purchase and maintain during the entire period of this contract, errors
and omissions insurance that shall protect the contractor and the Borough from any and all
claims that may arise out of or result from the contractor’s performance of this contract.
Specifically, the errors and omissions insurance shall have limits of not less than
$2,000,000.00 dollars per occurrence and $4,000,000.00 dollars in the aggregate.
B.
Certificates of the Required Insurance
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Certificates as listed above shall be submitted along with the contract as evidence covering
Errors and Omissions insurance. Such coverage shall be with acceptable insurance
companies operating on an admitted basis in the State of New Jersey.
The contractor shall provide the Borough with a Certificate of Insurance naming the
Middlesex Borough, its employees, officers, and agents as additionally insured, and
evidencing the existence of required insurance prior to the commission of work.
Middlesex Borough will not accept Mutual Limitation of Liability terms.
2.6.10 Health Insurance Portability and Accountability Act of 1996 - HIPAA (If Applicable)
Both parties agree to comply with all requirements of the Federal Health Insurance Portability and
Accountability Act of 1996 (“HIPAA”) as maybe amended from time to time, and the corresponding
HIPAA regulations for the confidentiality and security of medical information.
The Contractor shall:
• Not use or disclose protected health information other than as permitted or required by law
• Use appropriate safeguards to protect the confidentiality of the information
• Report any use or disclosure not permitted
The contractor, by execution of the contract, shall thereby indemnify and hold the owner harmless from
any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the
failure of the contractor to comply with the requirements of the Health Insurance Portability and
Accountability Act (HIPAA) or any other statute or case law protecting the privacy of persons using its
services.
2.6.11 Proof of Licensure
Proof of licensure for providing Services in the State of New Jersey, for either the firm or the person
responsible for the work, shall be provided as required.
2.6.12 Disclosure of Investment Activities in Iran – P.L. 2012, c. 25
P.L. 2012, c.25 prohibits State and local public contracts with persons or entities engaging in certain
investment activities in energy or finance sectors of Iran.
2.7 Public Emergency
In the event of a Public Emergency declared at the Local, State or Federal Level, if the owner opts to
extend terms and conditions of this RFP, the contractor agrees to extend the terms and conditions of this
RFP, whether existing, expiring or expired no longer than six months, for goods and/or services for the
duration of the emergency. In the event the original contractor cannot meet this requirement, the owner
may solicit the goods and/or services from any bidder on this contract.
2.8 Multiple Proposals Not Accepted
More than one proposal from an individual, a firm or partnership, a corporation or association under the
same or different names shall not be considered.
2.9 Failure to Enter Contract
Should the respondent, to whom the contract is awarded, fail to enter into a contract within ten (10)
days, Sundays and holidays excepted, the owner may then, at its option, accept the proposal of another
respondent.
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2.10 Commencement of Work
The contractor agrees to commence work after the date of award by the owner and upon notice from the
using department.
2.11 Time of Completion
It is hereby understood and mutually agreed, by and between the respondent and the owner, that the date
on which the work shall be substantially complete as specified in the RFP is an essential condition of
this contract. It is further mutually understood and agreed that the work and contract time embraced in
this Contract shall commence on the date specified and that the resulting contract shall be completed in
sequence and time frames identified by the owner.
The respondent agrees that said services shall be processed regularly, diligently, and uninterruptedly at
such rate of progress as will ensure full completion thereof within the time specified. It is expressly
understood and agreed, by and between the respondent and the owner, that the time of completion of the
services described herein is a reasonable time for the completion of it.
2.12 Termination of Contract
If, through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations under
the Contract or if the contractor violates any requirements of the Contract, the owner shall thereupon
have the right to terminate the Contract by giving written notice to the contractor of such termination at
least thirty (30) days prior to the proposed effective date of the termination. Such termination shall
relieve the owner of any obligation for the balances to the contractor of any sum or sums set forth in the
Contract.
The contractor agrees to indemnify and hold the owner 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 owner under this provision.
In case of default by the contractor, the owner may procure the articles or services from other sources
and hold the contractor responsible for any excess cost occasioned thereby.
2.13 Non-Allocation of Funding Termination
Each fiscal year payment obligation of the Owner is conditioned upon the availability of Owner funds
appropriated or allocated for the payment of such an obligation. If funds are not allocated and available
for the continuance of any services performed by the Contractor hereunder, whether in whole or in part,
the Owner at the end of any particular fiscal year may terminate such services. The Owner will notify
the Contractor in writing immediately of any services that will be affected by a shortage of appropriated
funds. This provision shall not be construed so as to permit the Owner to terminate this Agreement
during the term, or any service hereunder, merely in order to acquire identical services from a third-party
contractor.
2.14 Force Majeure
Neither party shall be responsible for any resulting loss or obligation to fulfill duties as specified in any
of the terms or provisions of this Agreement if the fulfillment of any term or provision of this
Agreement is delayed or prevented by any revolutions, insurrections, riots, wars, acts of enemies,
national emergencies, strikes, floods, fires, acts of God, or by any cause not within the control of the
party whose performance is interfered with which by the exercise of reasonable diligence such party is
unable to prevent. Additionally, if the fulfillment of any of the terms and provisions of this Agreement
is delayed or prevented by any court order, or action or injunction or other such agreement, this
Agreement shall become voidable by the Borough of Middlesex by notice to each party.
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2.15 The Owner and the Contractor each bind themselves and their successors, executors,
administrators, heirs and assigns and legal representatives of the other party respecting all covenants and
agreements and obligations of this contract.
2.16 The terms of this contract shall be construed and interpreted, and all respective rights and duties of
the parties shall be governed by the laws of the State of New Jersey.
2.17 Challenge of Specifications
Any respondent who wishes to challenge a specification shall file such challenge in writing with the
Purchasing Agent no less than three (3) business days prior to the opening of the RFP's.
Challenges filed after that time shall be considered void and having no impact on the owner or the award
of contract.
2.18 Payment
Invoices shall be submitted monthly and must specify, in detail, the period for which payment is
claimed, the services performed during the prescribed period, the amount claimed and correlation
between the services claimed, all backup documentation (mileage, time logs, receipts for expenses, etc.),
amount remaining in total balance, and the Proposal Cost Form.
The Borough of Middlesex will provide a sample Progress Report and Invoice for the Hired Consultant
to ensure compliance.
The owner may withhold all or partial payments on account of subsequently discovered evidence
including but not limited to the following:
1. Deliverables not complying with the project specification;
2. Claims filed or responsible evidence indicating probability of filing claims;
3. A reasonable doubt that the Contract can be completed for the balance then unpaid.
When the above grounds are removed, payment shall be made for amounts withheld because of them.
Invoices shall specify, in detail, the period for which payment is claimed, the services performed during
the prescribed period, the amount claimed and correlation between the services claimed and the Proposal
Cost Form.
2.19 Non-payment of Penalties and Interest on Overdue Bills
Public funds may be used to pay only for goods delivered or services rendered. The Borough of
Middlesex will not pay penalties and/or interest on overdue bills. No employee is authorized to sign a
letter of credit or any other document that represents a legal commitment on the part of the Borough to
pay additional fees.
2.20 Ownership of Material
The owner shall retain all of its rights and interest in any and all documents and property both hard copy
and digital furnished by the owner to the contractor for the purpose of assisting the contractor in the
performance of this contract. All such items shall be returned immediately to the owner at the expiration
or termination of the contract or completion of any related services, pursuant thereto, whichever comes
first. None of the documents and/or property shall, without the written consent of the owner, be
disclosed to others or used by the contractor or permitted by the contractor to be used by their parties at
any time except in the performance of the resulting contract.
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Ownership of all data, materials and documentation originated and prepared for the owner pursuant to
this contract shall belong exclusively to the owner. All data, reports, computerized information,
programs and materials related to this project shall be delivered to and become the property of the owner
upon completion of the project. The contractor shall not have the right to use, sell, or disclose the total of
the interim or final work products, or make available to third parties, without the prior written consent of
the owner.
Under state and federal statutes, certain government records are protected from public disclosure. The
Borough, the Contractor and any Subcontractors have a responsibility and an obligation to safeguard
from public access an employee's personal information with which it has been entrusted when disclosure
thereof would violate the employee's reasonable expectation of privacy. All payroll, personnel and
health insurance related files are confidential. Additionally, the Contractor and any Subcontractors may
be privy to sensitive law enforcement information or investigations during their review which must
remain confidential. The Borough reserves the right to make any public disclosure under the law. Also,
among government records deemed confidential are administrative or technical information regarding
computer hardware, software and networks that, if disclosed, would jeopardize computer security. The
Contractor and any Subcontractor(s) are prohibited from the sale or distribution of all supplied
information to any third party.
2.21 Source of Specifications/RFP Packages
Official Request for Proposal (RFP) packages for routine goods and services are available from
www.middesexboro-nj.gov at no cost to the prospective respondents. All addenda are posted on this
site. Potential respondents are cautioned that they are responding at their own risk if a third party
supplied the specifications that may or may not be complete. The Borough is not responsible for third
party supplied RFP documents.
2.22 Altering Official Document
Respondents shall not write in any margins or alter the official content of Borough’s RFP document.
2.23 RFP Preparation of Forms
RFPs must be signed in ink by the respondent; all quotations shall be made with a typewriter/computer
or pen and ink. Any quotation showing any erasure alteration must be initialed by the respondent in ink.
Unit prices and totals are to be inserted in spaces provided.
2.24 W-9
Successful bidder/respondent shall complete W-9 Form and submit to Finance prior to contract award.
The form is available at the following link: www.irs.gov/pub/irs-pdf/fw9.pdf
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3. SCOPE OF WORK (SOW)
The following is a description of the professional services needed, including where appropriate, a
description of tasks involved:
LEGAL COUNSEL – BOND - The Borough requires legal services for the representation of the
Borough in issuing bonds and financings. The minimum threshold criteria that will be utilized for the
evaluation of the responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Representation of government entities in the field of public finance for a minimum of five (5)
years; and
4) Knowledge of the Borough and its operations
LEGAL COUNSEL – CONFLICT REDEVELOPMENT - The Borough is seeking legal services for
the redevelopment activities of the Borough. The minimum threshold criteria that will be utilized for the
evaluation of the responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Representation of governmental entities in the field of redevelopment, with particular emphasis
on municipal improvement authorities, for a minimum of five (5) years; and
4) Knowledge of the Borough and its operations
RFP – Professional Services 2023 – Borough of Middlesex 12
BOROUGH OF MIDDLESEX
EXCEPTIONS
For each exception, the bidder must identify the specific section of specifications by providing the number and
title the exception applies to. It is the responsibility of the bidder to document the equivalence claim in
writing. Submitting product brochures is not an acceptable claim of equivalence.
(IF NONE SO STATE)
USE ADDITIONAL SHEET IF NECESSARY
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4.
Proposal Requirements
4.1 Qualification Statement
A statement is to be provided by the respondent who will serve as the primary contractor. The statement
shall set forth brief details of the firm's principal activities, the number of personnel in the firm and the
firm's location. Please provide a list of (3) three clients for whom similar services have been provided.
Include the following in your response:
1. Name of government agency.
2. Contact person’s name, position, and current telephone number.
3. Dates, cost and scope of service.
4. Status and comments
4.2 Key Personnel Information
The respondent shall provide the identity and the professional credentials of the principals and other key
personnel either working for the contractor and their areas of responsibilities.
4.3 Subcontractors
Respondents may engage the services of subcontractors for completion of this project. If their proposal
involves any subcontractors, full details on the nature of the work to be performed by them and the
location in which the work is to be performed must be provided. The respondent understands that if
selected, the owner prior to initiating any subcontracted work, must approve the use of subcontractors in
writing.
4.4 Proposal Forms
The following forms are contained in the attachments. All forms are required and shall be completed
and made part of the proposal submitted.
1. Proposal Cost/Signature Form
2. Qualifications Submission Form
3. Non-Collusion Affidavit
4. Stockholder Disclosure
5. Insurance Requirement Acknowledgement Form
6. Affirmative Action Statement
7. Professional Service Entity Information Form
8. Acknowledgement of Receipt of Addenda
9. List of Contribution
10. Disclosure of Investment Activities in Iran
4.5 Location of Servicing Office
The proposal must list the location and address of the present, active office that will service and manage
this contract.
5.
Evaluation, Review and Selection Process
5.1 Proposals to Remain Subject to Acceptance
RFP responses shall remain open for a period of sixty (60) calendar days from the stated submittal. The
owner will either award the Contract within the applicable time period or reject all proposals.
The owner may extend the decision to award or reject all proposals beyond the sixty (60) calendar days
when the proposals of any respondents who consent thereto may, at the request of the owner, be held for
consideration for such longer period as may be agreed.
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5.2 Rejection of Proposals
The owner reserves the right to reject any or all proposals, or to reject any proposals if the evidence
submitted by, or investigation of such respondent fails to satisfy the owner that such respondent is
properly qualified to carry out the obligations of the RFP and to complete the work contemplated
therein. The owner reserves the right to waive any minor informality or reject any/or all submissions in
accordance with the Fair & Open Public Solicitation Process for professional services(s) pursuant to P.L.
2004, c.19 (N.J.S.A. 19:44A-20.4 et seq.) in the RFP.
5.3 Evaluation Process
An evaluation team will review all proposals to determine if they satisfy the Proposal Requirements,
determine if a proposal should be rejected and evaluate the proposals based upon the Evaluation Criteria.
The highest-ranking respondent will then be recommended to the governing body for award of contract,
based on most advantageous price and other factors. The Borough reserves the right to reach out to the
respondents to get clarification on Proposals on specific items if necessary during the deliberation
process.
Evaluation Team – RFP respondents are prohibited from contacting any member of the evaluation team
directly without a formal invitation. If it is found that a respondent has attempted to discuss their
proposal with a team member without an invite then their proposal may be deemed unresponsive. All
questions during the evaluation period shall be directed to the Purchasing Agent.
5.4 Evaluation Criteria
The criteria considered in the evaluation of each proposal follows. The arrangement of the criteria is not
meant to imply order of importance in the selection process. All criteria will be used to select the
successful respondent.
This will be based on the quality of the content of the RFP and the respondent's ability to communicate a
thorough understanding of the required tasks and the approach to meet the scope of work outlined in the
RFP. The proposals will be evaluated for general compliance with instructions and requests issued in
the RFP. Non-compliance with significant instructions will be grounds for disqualification of proposals.
5.4.1 Understanding of the Requested Work
The proposals will be evaluated for general compliance with instructions and requests issued in the RFP.
Non-compliance with significant instructions shall be grounds for disqualification of proposals.
5.4.2 Knowledge and Technical Competence
This includes the ability of the respondent to perform all of the tasks and fulfill adequately the stated
requirements.
5.4.3 Management, Experience and Personnel Qualifications
Expertise of the firm shall be demonstrated by past contract successes providing government agencies
with similar services. The respondent will be evaluated on knowledge, experience, prior collaboration
and successful completion of projects/services similar to that requested in this RFP.
In addition to relevant experience, respondents shall provide personnel qualifications in the Proposal.
(See 4.1 and 4.2).
5.4.4 Ability to Complete the Project/Services in a Timely Manner
This is based on the estimated duration of the tasks and the respondent’s ability to accomplish these
tasks as stated.
RFP – Professional Services 2023 – Borough of Middlesex 15
5.4.5 Cost
Price shall be based on amount stated on the proposal cost form. Total overall costs to complete the
project, the cost of maintenance, training, etc., or price shall be based on hourly rates and schedules of
fees submitted with the proposal. Any services not included as part of any resulting contract scope of
services must be approved and authorized by the owner before such work is initiated. The owner shall
pay for such approved services, at the rate or cost agreed upon between the owner and contractor,
provided the respondent has provided a schedule of fees for additional services with this RFP.
5.5 Term of the contract
The term of this contract is January 1, 2023 – December 31, 2023. (Options to extend may be exercised
by mutual agreement in accordance with terms of N.J.S.A. 40A:11-4.1 et seq.)
5.6 Notice of Award
The successful respondent will be notified of the award of contract upon a favorable decision by the
governing body.
6.
List All Contributions
List all contributions, including in-kind contributions you or your firm/company (including all
equitable owners/members thereof) have made to any campaign or candidate for any public
office in Middlesex Borough or Middlesex County in 2021-2022. Include amount(s) of such
contribution(s) and the candidate(s) or committees to whom such amounts were given.
RFP – Professional Services 2023 – Borough of Middlesex 16
BOROUGH OF MIDDLESEX
CHECKLIST
PROFESSIONAL SERVICE TITLE: _________________________________________________
Please fill in the appropriate title in the space above.
SUBMISSION DATE: Wednesday, June 21, 2023 at 11:00 AM
The following items, as indicated below (X), shall be provided with the receipt of sealed submissions:
1. Non-Collusion Affidavit …………………………….……………………………… ___X____
2. Stockholder Disclosure Certification ……………………………………….…………. ___X____
3. Insurance Requirement Acknowledgement Form …………..……….……………… ___X____
4. Mandatory Equal Employment Opportunity Notice Acknowledgement ………………___X____
5. Copy of your Business Registration Certificate as issued by the State of
New Jersey, Department of Treasury, Division of Revenue ...……………………….. ___X____
6. Professional Service Entity Information Form ……………………….………………. ___X____
7. Qualifications Submission Form…….………………………………………….……… ___X____
8. List of Contribution(s)………………..………………………….……………………… ___X____
9. Disclosure of Investment Activities in Iran/Russia/Belarus………….…………………. ___X____
10. Acknowledgement of Corrections, Additions or Deletions Form …………………. ___X____
11. Proposal Cost/Signature Form ………………………………..………………………..___X____
Reminder
Please submit one (1) original and one (1) additional set of the sealed submission.
Each submission shall be contained in a sealed envelope addressed to: Purchasing Agent,
Borough of Middlesex, 1200 Mountain Ave., Middlesex, NJ 08846 or in the preprinted
envelope supplied with the submission package when available and said envelope shall
specify the Appointment Title/Professional Service for which the submission is provided.
The submission is to be clearly marked (indicating the category of the professional service) –
“Sealed Submission Enclosed” (e.g. Borough Auditor – sealed submission enclosed) and
must be delivered at the place and time required or mailed so as to be received prior to the
opening time set in the advertisement.
Submissions received after the hour herein named or in unsealed envelopes shall not be
considered.
RFP – Professional Services 2023 – Borough of Middlesex 17
BOROUGH OF MIDDLESEX
BID PROPOSAL FORM/SIGNATURE PAGE
TO THE BOROUGH OF MIDDLESEX:
The undersigned declares that he/she has read the Notice, Instructions, Affidavits and Scope of
Services attached, that he/she has determined the conditions affecting the bid and agrees, if this
bid is accepted, to furnish and deliver services per the following:
PROFESSIONAL SERVICES
FEE SCHEDULE SUBMITTED Yes No
(Corporation)
The undersigned is a (Partnership) under the laws of the State of __________________________ having its
(Individual)
Principal office at
Company
Federal I.D. # or Social Security #
Address
Signature of Authorized Agent
Type or Print Name
Title of Authorized Agent
Date
Telephone Number
Email Address
Fax Number
RFP – Professional Services 2023 – Borough of Middlesex 18
LIST ALL CONTRIBUTION(S)
2021-2022
List all contributions, including in-kind contributions you or your firm/company (including all
equitable owners/members thereof) have made to any campaign or candidate for any public office
in Middlesex Borough or Middlesex County in 2021-2022. Include amount(s) of such contribution(s)
and the candidate(s) or committees to whom such amounts were given.
Name of Campaign or Candidate
Amount of Contribution
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
By signing below you acknowledge that you or your firm/company (including all equitable
owners/members thereof), have not made any contributions to any campaign or candidate for any
public office in Middlesex Borough or Middlesex County in 2021-2022.
COMPANY: ______________________________ PRINT NAME: ____________________________
SIGNATURE:___________________________ TITLE: __________________________________
DATE: __________________
RFP – Professional Services 2023 – Borough of Middlesex 19
BOROUGH OF MIDDLESEX
QUALIFICATIONS SUBMISSION FORM
1.
Names and roles of the individuals who will perform the services and description of
their education and experience with projects similar to the services contained herein
including their education, degrees and certifications:
2.
References and record of success of same or similar service:
3.
Description of ability to provide the services in a timely fashion (including staffing,
familiarity and location of key staff):
RFP – Professional Services 2023 – Borough of Middlesex 20
4. Cost details, including the hourly rates of each of the individuals who will perform
services, including their title, level of expertise and years of experience, and all expenses:
Firm __________________________________________ Date: _________________________
Authorized Representative (Print):___________________________________________________
Signature: ________________________ Title:________________________________________
Telephone #: _____________________ Fax #: ______________________________________
RFP – Professional Services 2023 – Borough of Middlesex 21
BOROUGH OF MIDDLESEX
PROFESSIONAL SERVICE ENTITY INFORMATION FORM
If the Professional Service Entity is an INDIVIDUAL, sign name and give the following information:
Name:______________________________________________________________________________________________
Address:_____________________________________________________________________________________________
Telephone No.: ____________________Social Security No.:___________________________________________________
Fax No.: _______________________ E-Mail: _____________________________________________________________
If individual has a TRADE NAME, give such trade name:
Trading As: _________________________________ Telephone No.: ___________________________________________
****************************************************************************************************
If the Professional Service Entity is a PARTNERSHIP, give the following information:
Name of
Partners:_____________________________________________________________________________________________
Firm
Name:_______________________________________________________________________________________________
Address:_____________________________________________________________________________________________
Telephone No.: ____________________________ Federal I.D. No.:_____________________________________________
Fax No.: ______________________ E-Mail:_______________________________________________________________
Social Security No.:___________________________________________________________________________________
Signature of authorized agent:____________________________________________________________________________
****************************************************************************************************
If the Professional Service Entity is INCORPORATED, give the following information:
State under whose laws incorporated:_____________________________________________________________________
Location of principal office:_____________________________________________________________________________
Telephone No.: ____________________ Federal I.D. No.: ____________________________________________________
Fax No.: _______________________ E-Mail:_______________________________________________________________
Name of agent in charge of said office upon whom notice may be legally served:
____________________________________________________________________________________________________
Telephone No.: ___________________Name of Corporation: __________________________________________________
Signature: By: __________________________________________________________
Title: Address: ______________________________________________________________
RFP – Professional Services 2023 – Borough of Middlesex 22
BOROUGH OF MIDDLESEX
OWNERSHIP STATEMENT - STOCKHOLDER DISCLOSURE FORM
LEGAL NAME OF BIDDER: ___________________________________________________________
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
Other, Please List __________________________________
List the names and addresses of all stockholders who own ten (10%) percent or more of the above company’s stock, and if
there are NO STOCKHOLDERS OF 10% OR MORE, simply check the second box below. If one or more such
stockholders or partner is itself a corporation or partnership, the stockholders holding 10% or more of that corporation's
stock, or the individual partners owning 10% of that corporation's stock, or the individual partners owning 10% or greater
interest in that partnership, as the case may be, must also be listed.
The disclosure shall be continued until names and addresses of every person who is a non-corporate
stockholder, or individual partner, exceeding the 10% ownership criteria established in this act, has been
listed, in full compliance with Chapter 33 of the New Jersey Public Laws of 1977.
BIDDERS/RESPONDENTS MUST CHECK THE APPROPRIATE BOX:
I certify that the list below contains the names and addresses of all stockholders holding 10% or more of the issued
and outstanding stock of the undersigned.
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned.
Publicly Traded - For publicly traded entities to comply with N.J.S.A. 52:25-24.2 they may submit the name and address
of each publicly traded entity, and the name and address of each person holding 10% or more beneficial interest in the
publicly traded entity as of the last annual filling with the Security Exchange Commission (SEC), or foreign equivalent
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing, or foreign equivalent:
____________________________________________________________________________________________
The requested information is available on the following page number(s) of the SEC, or foreign equivalent, filing:
____________________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
(Note: Attach additional pages if necessary)
________________________________________________________________
______________
(Respondent/Respondent Authorized Signature)
(Date)
___________________________________________
______________________________________
(Print name of authorized signatory)
(Title)
RFP – Professional Services 2023 – Borough of Middlesex 23
BOROUGH OF MIDDLESEX
NON-COLLUSION AFFIDAVIT
State of _____________
County of _____________
ss:
I, _____________________________ of the City of _______________________________
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 bidder making this Proposal for the above named project, and that I executed the said proposal
with full authority so to do; that said bidder has not, directly or indirectly entered into any
agreement, participated in any collusion, or otherwise taken any action in restraint of free,
competitive bidding in connection with the above named project; and that all statements contained
in said proposal and in this affidavit are true and correct, and made with full knowledge that the
Borough of Middlesex 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_________________________________.
(Name of Contractor)
(N.J.S.A. 52:34-15)
Subscribed and sworn to
Before me this _______day
Of ___________, _______.
Signature
(Type or print name of affiant under signature)
_______________________________________
Notary public of
My Commission expires ___________________.
RFP – Professional Services 2023 – Borough of Middlesex 24
BOROUGH OF MIDDLESEX
INSURANCE REQUIREMENTS AND ACKNOWLEDGEMENT FORM
Certificate(s) of Insurance shall be filed with the Borough Clerk’s Office upon award of
contract by the Mayor and Borough Council.
The minimum amount of insurance to be carried by the Professional Service Entity shall
be as follows:
PROFESSIONAL LIABILITY INSURANCE
Limits shall be a minimum of $2,000,000.00 for each claim and $4,000,000.00
aggregate each policy period.
Acknowledgement of Insurance Requirement:
________________________________________________________________
(Signature)
(Date)
________________________________________________________________
(Printed Name and Title)
RFP – Professional Services 2023 – Borough of Middlesex 25
EXHIBIT A
EEO/AFFIRMATIVE ACTION COMPLIANCE NOTICE
N.J.S.A. 10:5-31 and N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance
to the Borough and Division of Public Contracts Equal Employment Opportunity Compliance. During
a review, Division representatives will review the Borough files to determine whether the
affirmative action evidence has been submitted by the vendor/contractor. Specifically, each
vendor/contractor shall submit to the Borough, prior to execution of the contract, one of the
following documents:
Goods and General Service Vendors
1. Letter of Federal Approval indicating that the vendor is under an existing federally approved or
sanctioned affirmative action program. A copy of the approval letter is to be provided by the
vendor to the Borough and the Division. This approval letter is valid for one year from the date
of issuance.
Do you have a federally-approved or sanctioned EEO/AA program?
Yes
No
If yes, please submit a photo static copy of such approval.
2. A Certificate of Employee Information Report (hereafter “Certificate”), issued in accordance with
N.J.A.C. 17:27-1.1 et seq. The vendor must provide a copy of the Certificate to the Borough as
evidence of its compliance with the regulations. The Certificate represents the review and
approval of the vendor’s Employee Information Report, Form AA-302 by the Division. The
period of validity of the Certificate is indicated on its face. Certificates must be renewed prior to
their expiration date in order to remain valid.
Do you have a State Certificate of Employee Information Report Approval?
Yes
No
If yes, please submit a photo static copy of such approval.
3. The successful vendor shall complete an Initial Employee Report, Form AA-302 and submit it to
the Division with $150.00 Fee and forward a copy of the Form to the Borough. Upon submission
and review by the Division, this report shall constitute evidence of compliance with the
regulations. Prior to execution of the contract, the EEO/AA evidence must be submitted.
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on
the Division website www.state.nj.us/treasury/contract_compliance.
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal
Employment Opportunity Compliance, with a copy to Public Agency.
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 and N.J.A.C. 17:27 and agrees to furnish the required forms of
evidence.
The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27.
COMPANY: ______________________________ SIGNATURE: ____________________________
PRINT NAME:___________________________ TITLE: __________________________________
DATE: __________________
RFP – Professional Services 2023 – Borough of Middlesex 26
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 Borough employment goals
established in accordance with N.J.A.C. l7:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited
to, employment agencies, placement bureaus, colleges, universities, 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 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 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 www.state.nj.us/treasury/contract_compliance).
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.
RFP – Professional Services 2023 – Borough of Middlesex 27
SAMPLE CERTIFICATE OF EMPLOYEE INFORMATION REPORT
RFP – Professional Services 2023 – Borough of Middlesex 28
BOROUGH OF MIDDLESEX
AMERICANS WITH DISABILITIES ACT OF 1990
Equal Opportunity for Individuals with Disability
The Contractor and the Owner, do hereby agree that the provisions of Title 11 of the Americans
With Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 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 owner
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 owner in any action or administrative proceeding commenced pursuant
to this Act. The contractor shall indemnify, protect, and save harmless the 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 owner’s
grievance procedure, the contractor agrees to abide by any decision of the owner which is rendered
pursuant to said grievance procedure. If any action or administrative proceeding results in an
award of damages against the owner, or if the 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 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 owner or any of its agents, servants, and
employees, the owner shall expeditiously forward or have forwarded to the contractor every
demand, complaint, notice, summons, pleading, or other process received by the owner or its
representatives.
It is expressly agreed and understood that any approval by the 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 owner pursuant to this
paragraph.
It is further agreed and understood that the 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 owner from taking any other actions available to it
under any other provisions of the Agreement or otherwise at law.
RFP – Professional Services 2023 – Borough of Middlesex 29
BOROUGH OF MIDDLESEX
THESE ARE SAMPLES OF THE ONLY ACCEPTABLE
BUSINESS REGISTRATION CERTIFICATES
PREFER SUBMITTED WITH BID RESPONSE
REQUIRED BY LAW PRIOR TO AWARD OF CONTRACT
RFP – Professional Services 2023 – Borough of Middlesex 30
Borough of Middlesex
CERTIFICATION OF PROHIBITED ACTIVITIES IN RUSSIA AND BELARUS &
INVESTMENT ACTIVITIES IN IRAN PURSUANT TO P.L.2022, c.3
BID/RFP/Solicitation Number:
Bidder/Offeror:
Part 1: Certification
COMPLETE PART 1 BY CHECKING ONE OF THE THREE BOXES BELOW
Pursuant to law, any person or entity that is a successful bidder or proposer, or otherwise proposes to enter into or renew a
contract, for goods or services must complete the certification below prior to contract award to attest, under penalty of
perjury, that neither the person or entity, nor any parent entity, subsidiary, or affiliate, is identified on the Department of
Treasury's Russia-Belarus list or Chapter 25 list as a person or entity engaging in prohibited activities in Russia, Belarus or
Iran. Before a contract for goods or services can be amended or extended, a person or entity must certify that neither the
person or entity, nor any parent entity, subsidiary, or affiliate, is identified on the Department of Treasury's Russia-Belarus
list. Both lists are found on Treasury’s website at the following web addresses:
https://www.nj.gov/treasury/administration/pdf/RussiaBelarusEntityList.pdf
www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf.
As applicable to the type of contract, the above-referenced lists must be reviewed prior to completing the below
certification.
A person or entity unable to make the certification must provide a detailed, accurate, and precise description of the
activities of the person or entity, or of a parent entity, subsidiary, or affiliate, engaging in prohibited activities in Russia or
Belarus and/or investment activities in Iran. The person or entity must cease engaging in any prohibited activities and
provide an updated certification before the contract can be entered into.
If a vendor or contractor is found to be in violation of law, action may be taken as appropriate and as may be provided by
law, rule, or contract, including but not limited to imposing sanctions, seeking compliance, recovering damages, declaring
the party in default, and seeking debarment or suspension of the party.
CONTRACT AWARDS AND RENEWALS
I certify, pursuant to law, that neither the person or entity listed above, nor any parent entity, subsidiary, or
affiliate appears on the N.J. Department of Treasury’s lists of entities engaged in prohibited activities in Russia or
Belarus pursuant to P.L. 2022, c. 3 or in investment activities in Iran pursuant to P.L. 2012, c. 25 ("Chapter 25
List"). I further certify that I am the person listed above, or I am an officer or representative of the entity listed
above and am authorized to make this certification on its behalf. (Skip Part 2 and sign and complete the
Certification below.)
CONTRACT AMENDMENTS AND EXTENSIONS
I certify, pursuant to law, that neither the person or entity listed above, nor any parent entity, subsidiary, or
affiliate is listed on the N.J. Department of the Treasury’s lists of entities determined to be engaged in prohibited
activities in Russia or Belarus pursuant to P.L. 2022, c. 3. I further certify that I am the person listed above, or I
am an officer or representative of the entity listed above and am authorized to make this certification on its
behalf. (Skip Part 2 and sign and complete the Certification below.)
IF UNABLE TO CERTIFY
I am unable to certify as above because the person or entity and/or a parent entity, subsidiary, or affiliate is
listed on the Department's Russia-Belarus list and/or Chapter 25 Iran list. I will provide a detailed, accurate, and
precise description of the activities as directed in Part 2 below, and sign and complete the Certification below.
Failure to provide such will prevent the award of the contract to the person or entity, and appropriate penalties,
fines, and/or sanctions will be assessed as provided by law.
RFP – Professional Services 2023 – Borough of Middlesex 31
Part 2: Additional Information
PLEASE PROVIDE FURTHER INFORMATION RELATED TO PROHIBITED ACTIVITIES IN RUSSIA OR BELARUS AND/OR
INVESTMENT ACTIVITIES IN IRAN.
You must provide a detailed, accurate, and precise description of the activities of the person or entity, or of a parent entity,
subsidiary, or affiliate, engaging in prohibited activities in Russia or Belarus and/or investment activities in Iran in the space
below and, if needed, on additional sheets provided by you.
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
Part 3: Certification of True and Complete Information
I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any attachments
there, to the best of my knowledge, are true and complete. I attest that I am authorized to execute this certification on
behalf of the above-referenced person or entity.
I acknowledge that the Borough of Middlesex is relying on the information contained herein and hereby
acknowledge that I am under a continuing obligation from the date of this certification through the completion of any
contracts with the Borough of Middlesex to notify the Borough of Middlesex in writing of any changes to the answers of
information contained herein.
I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this
certification. If I do so, I recognize that I am subject to criminal prosecution under the law and that it will also constitute a
material breach of my agreement(s) with the Borough of Middlesex and that the at its option may declare any contract(s)
resulting from this certification void and unenforceable.
Signature of Vendor’s Authorized Representative
Date
Print Name and Title of Vendor’s Authorized Representative
Vendor Name
Vendor Phone Number
Vendor Address (Street Address)
Vendor Fax Number
Vendor Address (City/State/Zip Code)
Vendor Email Address for Authorized Representative
1 Engaged in prohibited activities in Russia or Belarus” means (1) companies in which the Government of Russia or Belarus has any direct
equity share; (2) having any business operations commencing after the effective date of this act that involve contracts with or the provision
of goods or services to the Government of Russia or Belarus; (3) being headquartered in Russia or having its principal place of business in
Russia or Belarus, or (4) supporting, assisting, or facilitating the Government of Russia or Belarus in their campaigns to invade the
sovereign country of Ukraine, either through in-kind support or for profit.
RFP – Professional Services 2023 – Borough of Middlesex 32
BOROUGH OF MIDDLESEX
ACKNOWLEDGMENT OF RECEIPT OF ADDENDA
The undersigned Bidder hereby acknowledges receipt of the following Addenda:
ADDENDUM
NUMBER
DATE
ACKNOWLEDGE RECEIPT
(Initial)
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
No Addenda were received:
Acknowledged for:
(Name of Bidder)
By:
(Signature of Authorized Representative)
Name:
(Print or Type)
Title:
Date:
RFP – Professional Services 2023 – Borough of Middlesex 33
EXHIBIT A
EVALUATION SHEET
BOROUGH OF
MIDDLESEX
EVALUATORS NAME
Write NA if
category
COMPANY NAME
does not apply.
Understanding the Requested Work
10 Points
Category
0 Points
1 - 2 Points
3 - 4 Points
Points Given
Demonstrates clear
Does not demonstrate clear
Proposal points are
Proposal is clear, readable
understanding
understanding
adequately defined
and precise
0 Points
1 - 2 Points
3 Points
Completeness and
Does not address major
Proposal absent some non-
Proposal complete and
responsiveness to RFP
requirements
critical points
responsive
Compliance with
Does not comply
Complies substantially
Complies with all
instructions and requests
instructions and requests
Knowledge and Professional Compliance
25 Points
Category
0 - 2 Points
3 - 4 Points
5 - 6 Points
Points Given
Education and training of
Minimal training, no formal
Some prior experience, some
High level of education and
employees, suitability to
education, new performer
training and documented
training, well proven
perform the required tasks
performance
performance
0 Points
1 - 2 Points
3 - 7 Points
Does respondent have the
Not adequately documented
Proposal uses some current
Well documented use of the
character, integrity,
technology
latest technologies
reputation, judgment,
experience & efficiency
required by the Professional
0 Points
1 - 2 Points
3 - 4 Points
QA/QC Process
Not adequately documented
QA/QC documented, but
QA/QC documented with
with little oversight
significant oversight
0 Points
1 - 3 Points
4 - 8 Points
Primary Professional vs.
More than one Sub-
Only one Sub-Professional
Primary Professional will do
subcontracted resources
Professional
providing 50% of resources
entire project
depending on nature of sub
to be used
and percentage of project
Ability to Perform Services in a Timely Manner
15 Points
Category
0 Points
1 - 2 Points
3 - 4 Points
Points Given
Scheduling Timeline
Cannot meet schedule
Meets most of schedule
Meets entire schedule
0 - 1 Points
2 - 3 Points
4 - 6 Points
Personnel & Resources
May not be sufficient
Sufficient for project
Dedicated resources
0 - 2 Points
3 - 4 Points
5 Points
Primary Professional
Primary Professional has not
Primary Professional has
No Sub-Professional or a
relationship Sub-
worked with Sub-
limited experience with Sub-
proven record with Sub-
Professionals
Professional
Professional
Professional
RFP – Professional Services 2023 – Borough of Middlesex 34
Management, Experience and Personnel Qualifications
25 Points
Category
0 Points
1 - 2 Points
3 Points
Points Given
Project Management Plan
Not demonstrated as sound
Plan is average
Plan is sound and detailed
Project Management Team
Does not meet qualifications
Qualified but little
Well qualified and has
experience working together
collaborated on similar projects
0 Points
1 -2 Points
3 - 5 Points
Record of reliability and
Not documented
Some documentation
Track record of high quality
quality of service
0 - 1 Points
2 - 4 Points
5 - 7 Points
Scope of Work Experience
Few related projects
Some similar projects
Numerous similar projects
Experience in performing
Limited experience
Good experience
Exceptional experience
similar work by employees
Management, Experience and Personnel Qualifications
25 Points
Category
0 Points
2 Points
3 Points
Points Given
Explanation of costs
Costs not explained
Some correlation provided
Well documented
0 - 4 Points
5 - 10 Points
11 - 15 Points
Cost comparison
Highest third in salary
dollars
Middle third in salary dollars
Lowest third in salary dollars
0 - 1 Points
2 - 3 Points
4 - 6 Points
Other costs, copies, travel, etc
Travel and copy cost in
Copy cost equal to OPRA
costs
None
excess of OPRA
0 Points
1 - 2 Points
3 Points
Additional Services
No needed additional
Possible additional services
Needed additional services
services identified
identified, costs not included
identified and included
TOTAL POINTS AWARDED
--- Document: RFP-2023-04 (Re-Bid) PRIVATE COLLECTION OF MUNICIPAL DEBT ---
Borough of Middlesex
1200 Mountain Avenue
Middlesex, New Jersey 08846
NOTICE TO BIDDERS
RFP-2023-04 (Re-Bid)
PUBLIC NOTICE UNDER A FAIR AND OPEN PROCESS FOR THE SOLICITATION OF
QUALIFICATIONS AND RATES PURSUANT TO N.J.S.A 40A:11-4.1 FOR PRIVATE
COLLECTION OF MUNICIPAL COURT DEBT SERVICES
FOR APPOINTMENT FROM JUNE 30, 2023 THROUGH DECEMBER 31, 2023
NOTICE IS HEREBY GIVEN that sealed proposals will be received by the Purchasing
Agent or designated representative, for Middlesex Borough, and opened and read in pubic
on Wednesday, May 31, 2023 at 11:00 a.m. prevailing time, in the Municipal Building,
1200 Mountain Avenue, Middlesex, New Jersey 08846, for the following position:
RFP - PRIVATE COLLECTION OF MUNICIPAL COURT DEBT
All contractors that are awarded competitive contracts pursuant to N.J.S.A. 40A:11-
4.1(m) are required to comply with the requirements of N.J.S.A. 52:32-44 (Business
Registration of Public Contractors), N.J.S.A. 52:25-24.2 (Statement of Corporate
Ownership), 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).
A copy of the proposal documents or any addendums are on file at the Borough of
Middlesex, Clerk’s Office and may be obtained during regular business hours, 9:00am to
4:00pm, Monday through Friday. Proposal packages may also be obtained via email by
contacting the Purchasing Agent, Carmen Modica at cmodica@middlesexboro-nj.gov and
providing your contact information. Contact information to include vendor name and
address, contact person, telephone number.
The Borough reserves the right to reject any or all submissions due to any defects or
waive informalities and accept any submissions that in their judgment will be in the best
interest of the Borough. Questions concerning this notice may be directed to Michael La
Place at (732) 356-7400 ext. 264.
Carmen Modica, QPA
Purchasing Agent
Date Advertised: Monday, May 15, 2023
--- Document: Addendum No. 1 - RFP-2023-04 (Re-Bid) ---
BOROUGH OF MIDDLESEX
NOTICE OF ADDENDUM NO. 1
PROFESSIONAL SERVICES RFP – PRIVATE COLLECTION OF MUNICIPAL DEBT SERVICES - 2023
Addendum No. 1 has been issued for the Bid pertaining to Professional Services – Private Collection of Municipal Debt Services for
the Borough of Middlesex on Monday, May 22, 2023 and posted on Borough website.
Copies of Addendum No. 1 may be seen or procured at the following location: Borough of Middlesex, 1200 Mountain Avenue,
Middlesex, NJ 08846 during regular business hours Monday-Friday, 9:00 a.m. – 4:00 p.m. or on the Borough’s website at
www.middlesexboro-nj.gov.
TO ALL CONCERNED: The original bid specification package for the above referenced project is amended as noted in Addendum
No.1.
CONCERNING QUESTIONS SUBMITTED:
1) Please reconfirm the due date for this procurement by providing it in response to answers to questions.
ANSWER: Submission of bid proposals is due by May 31, 2023 at 11:00am
2) What is the date by which you will answer these questions?
ANSWER: No later than three days prior to proposal opening date.
3) When is the anticipated contract start date?
ANSWER: The term shall begin once the contract approval has been received by the Administrative Director of the
Courts.
4) When is the anticipated award date?
ANSWER: As per NJSA 40A:11-24 – Time for making awards; deposits returned (a) The contracting unit shall award the
contract or reject all bids within such time as may be specified in the invitation to bid, but in no case more than 60 days,
except that the bids of any bidders who consent thereto may, at the request of the contracting unit, be held for
consideration for such longer period as may be agreed.
5) Can you please provide greater explanation of your expectations related to any required subcontracting to minority-
owned, women-owned, or other types or categories of small or disadvantaged businesses? For example, what is
required with the proposal, and what is required to comply during the term of the contract?
ANSWER: Pursuant to N.J.A.C. 17-27 et seq. – No firm may be issued a contract unless it complies with the affirmative
action provisions of the N>j>S.A. 10:5-31 t seq. and N.J.A.C. 17:27 et seq. as administered by the Division of Purchase &
property Contract Compliance and Audit Unit (Division) and provided below. The Contract will include the language
included as Attachment A in the specification.
6) Can you please provide greater details regarding your bid bond and/or performance bond requirements related to this
contract? For example, what is required with the proposal, and what is required to comply during the term of the
contract? There is conflicting information found on Pages 3 and 33 of the RFP document.
ANSWER: The private collection agency shall have its personnel bonded for not less than $250,000.00 or provide a
blanket surety bond in an amount not less than that same amount protecting the municipality or county from loss
7) Are bidders permitted to deviate in any way from any manner of quoting fees you may be expecting? For example, if
there is a pricing page in the RFP, can bidders submit an alternate fee structure? If there is no pricing page in the RFP, do
you have any preference for how bidders should quote fees or can bidders create their own pricing categories?
ANSWER: NO. Bidders must comply with all requirements of the Supreme Court Procedures Governing the Private
Collection of Municipal Court Debt, Under L.2009, C. 233.
8) Please describe your level of satisfaction with your current or recent vendor(s) for the same purchasing activity, if
applicable.
ANSWER: N/A
9) If this is a term contract subject to renewal, what is the term and the maximum number of option periods?
ANSWER: The Borough shall have the right to extend the contract for an additional (2) one year or (1) two-year
extension terms following the expiration of the base contract term.
10) Has the current contract gone full term?
ANSWER: This is a new service. There is not a current contract.
11) Have all options to extend the current contract been exercised?
ANSWER: N/A – SEE ABOVE ANSWER
12) Who is the incumbent, and how long has the incumbent been providing the requested services?
ANSWER: N/A – SEE ABOVE ANSWER
13) To what extent will the location of the bidder’s proposed location or headquarters have a bearing on any award?
ANSWER: The location of the bidder will have no bearing on the award. The bidder MUST be authorized to conduct
collection activities in the State of NJ and have knowledge of NJ regulations in this area.
14) How are fees currently being billed by any incumbent(s), by category, and at what rates?
ANSWER: N/A
15) What estimated or actual dollars were paid last year, last month, or last quarter to any incumbent(s)?
ANSWER: N/A
16) To how many vendors are you seeking to award a contract?
ANSWER: The bidder who meets all the required qualifications, as per N.J.S.A. 40A:11-15, shall be awarded…..”The” is
meaning one bidder.
17) To what extent are these accounts owed by private consumers versus commercial businesses?
ANSWER: None are commercial
18) Will accounts be primary placements, not having been serviced by any other outside collection agency, and/or will you
also be referring secondary placements? If so, should bidders provide proposed fees for secondary placements also?
ANSWER: Prior to this bid request, the Borough has not hired an outside collection agency.
19) What is the total dollar value of accounts available for placement now by category, including any backlog?
ANSWER: $512,069.35
20) What is the total number of accounts available for placement now by category, including any backlog?
ANSWER: 832
21) What is the average balance of accounts by category?
ANSWER: They all vary
22) What is the average age of accounts at placement (at time of award and/or on a going-forward basis), by category?
ANSWER: Contract has not been awarded
23) What is the monthly or quarterly number of accounts expected to be placed with the vendor(s) by category?
ANSWER: Unknown
24) What is the monthly or quarterly dollar value of accounts expected to be placed with the vendor(s) by category?
ANSWER: Unknown
25) What has been the historical rate of return or liquidation rate provided by any incumbent(s), and/or what is anticipated
or expected as a result of this procurement?
Answer: N/A. There has not been an incumbent.
26) What billing servicer do you utilize?
ANSWER: Prior to COVID we were able to send out notices for Delinquent Payments but since 3/21/2020 this function
has been turned off statewide for all municipalities. The only other way of notification is by DMV, a letter is sent to
Defendants that money is owed because of a current license suspension on their license or of a suspension to occur by
the DMV.
27) Have all cases been fully adjudicated by the time of placement?
ANSWER: Only disposed cases with a final determination of guilt are eligible.
28) If applicable, will accounts held by any incumbent(s) or any backlog be moved to any new vendor(s) as a one-time
placement at contract start up?
ANSWER: N/A
29) What is your case management/accounting software system of record?
ANSWER: ATS/ACS Automated Traffic/Criminal System
30) Who is your electronic payment/credit card processing vendor?
ANSWER: Harbourtouch is our Merchant in office. Statewide for web payments is NICUSA.
31) What process should a vendor follow, or which individual(s) should a vendor contact, to discuss budget-neutral services
outside of the scope of this procurement, but related to it, designed to recover more debt prior to outside placement
and lower collection costs?
ANSWER: Borough Administrator, Michael La Place (mlaplace@middlesexboro-nj.gov)
32) How do your current processes and/or vendor relationship(s) systematically determine if the death of a responsible
party has occurred?
ANSWER: Usually we are notified by a family member or another court and with the death certificate give to the Judge
to vacate payment
33) How do your current processes and/or vendor relationship(s) handle the death of a responsible party?
ANSWER: Usually we are notified by a family member or another court and with the death certificate give to the Judge
to vacate payment.
34) Do you have a designated process or policies around deceased accounts today, and what is envisioned in the future?
ANSWER: Usually we are notified by a family member or another court and with the death certificate give to the Judge
to vacate payment
35) Do you currently search and file probated estate claims? Have you considered an automated tool to identify and file
probated estate claims?
ANSWER: No
36) Can you please indicate what inbound and outbound contact methods, beyond phone calls or letters (such as email and
text), would be permitted by the scope of work?
ANSWER: The Bidder must submit sample of call and mail scripts” to be used in collection activities. These scripts will be
submitted to the (AOC) New Jersey Administrative Office of the Courts and Municipal Court Judge for approval prior to
use. The guidelines established by the Administrative Office of the Courts must be strictly followed.
Carmen Modica, QPA
Purchasing Agent
--- Document: RFP - 2023-002 BOARD OF HEALTH ATTORNEY RE-BID ---
RFP – Professional Services 2023 – Borough of Middlesex
1
Borough of Middlesex
1200 Mountain Avenue
Middlesex, New Jersey 08846
RFP – 2023-002 – RE-BID
PUBLIC NOTICE UNDER A FAIR AND OPEN PROCESS FOR THE SOLICITATION OF
QUALIFICATIONS AND RATES FOR BOARD OF HEALTH ATTORNEY
FOR APPOINTMENT JUNE 1, 2023, THROUGH DECEMBER 31, 2023
NOTICE IS HEREBY GIVEN that sealed submissions will be received by the Purchasing
Agent or designated representative, for Middlesex Borough, on Tuesday, May 23, 2023 at 11:00 am
prevailing time, in the Municipal Building, 1200 Mountain Avenue, Middlesex, New Jersey 08846, then
publicly opened for the following positions:
• Board of Health Attorney
All professional service contractors are required to comply with 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). The submission
package is printable from the website www.middlesexboro-nj.gov or may be obtained at the Clerk’s
Office, Municipal Building,1200 Mountain Avenue, Middlesex, New Jersey 08846 during regular
business hours (9:00 a.m. – 4:00 p.m. Monday-Friday).
The Borough reserves the right to reject any or all submissions due to any defects or waive informalities
and accept any submissions that in their judgment will be in the best interest of the Borough. Questions
concerning this notice may be directed to Michael La Place, Borough Administrator,
mlaplace@middlesexboro-nj.gov.
Date Advertised: Tuesday, May 9, 2023
Carmen Modica
Purchasing Agent
RFP – Professional Services 2023 – Borough of Middlesex
2
BOROUGH OF MIDDLESEX
GENERAL INSTRUCTIONS
1. Introduction
The Borough of Middlesex, Middlesex County, State of New Jersey (hereinafter called the “OWNER”)
invites submissions for the service(s) mentioned in the Public Notice for Professional Services
Qualifications and Rates for 2023.
This contract is to furnish and deliver various professional services for the Borough of Middlesex
through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et. seq.
2. Administrative Conditions and Requirements
The following items express the conditions and requirements of this RFP. Together with the other RFP
sections, they apply to the RFP process, the subsequent contract, and project production. Any proposed
change, modification, or exception to these conditions and requirements may be the basis for the owner
to determine the proposal as non-responsive to the RFP and will be a factor in the determination of an
award of a contract. The contents of the proposal of the successful respondent, as accepted by the owner,
will become part of any contract awarded as a result of this RFP.
2.1 Proposal Submission Information
Submission Date and Time: Tuesday, May 23, 2023 at 11:00am
One (1) Original signed in ink & one (1) copy of the RFP response.
Submission Office:
Purchasing Agent, Clerk’s Office
1200 Mountain Avenue
Middlesex, NJ 08846
Each submission must be provided on a Standardized Submission Form as supplied in the submission
package and signed by the professional services entity or principal thereof. All prices and amounts must
be written in ink or preferably typewritten. Each signatory to the submission must initial all erasures or
corrections.
Each submission shall be contained in a sealed envelope addressed to: Purchasing Agent, Borough of
Middlesex, 1200 Mountain Ave., Middlesex, NJ 08846. The submission is to be clearly marked “Sealed
Submission Enclosed” – Board of Health Attorney and must be delivered at the place and time required
or mailed so as to be received prior to the opening time set in the advertisement. Submissions received
after the hour herein named or in unsealed envelopes shall not be considered. The original proposal shall
be signed in ink and marked to distinguish it from the one (1) copy. Faxed or emailed proposals will
NOT be accepted.
The 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.
Responses delivered before the submission date and time specified above may be withdrawn upon
written application of the respondent who shall be required to produce evidence showing that the
individual is or represents the principal or principals involved in the proposal. After the submission date
and time specified above, responses must remain firm for a period of sixty (60) days.
The submission shall be accompanied by: (1) Non-Collusion Affidavit, (2) Disclosure of Ownership
RFP – Professional Services 2023 – Borough of Middlesex
3
Form, (3) Insurance Requirement Acknowledgement Form, (4) Mandatory Equal Employment
Opportunity Notice Acknowledgement, (5) Copy of the applicable Business Registration Certificate, (6)
Professional Services Entity Information Form, (7) Qualifications Submission, (8) List of Contribution,
(9) Certification of Prohibited Activities in Russia and Belarus & Investment Activities in Iran pursuant
to p.l.2022, c.3 (10) Acknowledgement of Corrections, Additions or Deletions Form.
2.2 Borough Representative for this Solicitation
Questions by prospective respondents concerning this RFP may be addressed to Michael La Place in
writing via email mlaplace@middlesexboro-nj.gov. Please note the aforementioned contact is
authorized only to direct the attention of prospective respondents to various portions of the requirements
so that they may read and interpret each portion for themselves. NO employee of the Borough of
Middlesex is authorized to give interpretations of any portion of this RFP or to give information as to the
requirements for the RFP in addition to that already contained in the RFP unless as a formal addenda.
Interpretations of the RFP or additional information as to its requirements, when necessary, shall be
communicated to prospective respondents only by written addendum issued by the Purchasing Agent of
the Borough of Middlesex.
Please identify the contract name and note Request for Information as the subject line when submitting
a request by fax or email.
2.3 Interpretations and Addenda
Respondents are expected to examine the RFP with care and observe all its requirements. All questions
about the meaning or intent of this RFP, all interpretations and clarifications considered necessary by the
owner’s representative in response to such comments and questions will be issued by Addenda mailed or
delivered to all parties recorded as having received the RFP package. Only comments and questions
responded to by formal written Addenda will be binding. Oral interpretations, statements or
clarifications are without legal effect.
2.4 Quantities of Estimate
Wherever the estimated quantities of work to be done are shown in any section of this RFP, including
the Proposal Cost Form, they are given for use in comparing proposals. The owner especially reserves
the right (except as herein otherwise specifically limited) to increase or diminish the quantities as may
be deemed reasonably necessary or desirable by the owner to complete the work detailed by the
contract. Such increase or diminution shall in no way violate this contract, nor shall any such increase or
diminution give cause for claims or liability for damages.
2.5 Cost Liability and Additional Costs
The owner assumes no responsibility and liability for costs incurred by the respondents prior to the
issuance of an agreement. The liability of the owner shall be limited to the terms and conditions of the
contract.
Respondents will assume responsibility for all costs not stated in their proposals. All unit rates either
stated in the proposal or used as a basis for its pricing are required to be all-inclusive. Additional
charges, unless incurred for additional work performed by request of the owner as noted in 2.4, are not
to be billed and will not be paid.
2.6 Statutory and Other Requirements
2.6.1 Compliance with Laws
RFP – Professional Services 2023 – Borough of Middlesex
4
Any contract entered into between the contractor and the owner must be in accordance with and subject
to compliance by both parties with the New Jersey Local Public Contracts Law. The contractor must
agree to comply with the non-discrimination provisions and all other laws and regulations applicable to
the performance of services there under. The respondent shall sign and acknowledge such forms and
certificates as may be required by this section.
2.6.2 Mandatory EEO/Affirmative Action Compliance - N.J.S.A 10:5-31 et seq. and N.J.A.C 17:27
et seq.
No firm shall be issued a contract unless it complies with the EEO/Affirmative Action requirements of
P. L. 1975, C. 127 as identified in the documents attached hereto. The form shall be properly executed.
2.6.3 Americans with Disabilities Act of 1990 - 42 U.S.C. S121 01 et seq.
Discrimination on the basis of disability in contracting for the delivery of services is prohibited.
Respondents are required to read American with Disabilities language that is part of the documents
attached hereto and agree that the provisions of Title II of the Act are made part of the contract. The
contractor is obligated to comply with the Act and hold the owner harmless.
2.6.4 Statement of Corporate Ownership-Stockholder Disclosure - N.J.S.A. 52:25-24.2 (P.L. 1977
c.33)
In accordance with N.J.S.A. 52:25-24.2, no corporation, partnership, limited partnership, limited liability
corporation, limited liability partnership, Subchapter S corporation or sole proprietorship, shall be
awarded a contract, unless prior to the receipt of the RFP response/bid or accompanying the RFP
response/bid of the corporation, partnership, limited partnership, limited liability corporation, limited
liability partnership, Subchapter S corporation or sole proprietorship, there is submitted to the Borough a
statement setting forth the names and addresses of all stockholders who own 10% or more of the stock,
of any class or of all individual partners who own a 10% or greater interest in the corporation,
partnership, limited partnership, limited liability corporation, limited liability partnership, Subchapter S
corporation or sole proprietorship. If one or more such stockholder or partner is itself a corporation or
partnership, the stockholders holding 10% or more of that corporation’s stock, or the individual partners
owning 10% or greater interest in that partnership, as the case may be, shall also be listed. The
disclosure shall be continued until names and addresses of every non-corporate stockholder and
individual partner exceeding the 10% ownership criteria established in this act has been listed. The form
shall be signed and submitted with the RFP proposal/bid whether or not a stockholder or partner owns
less than 10% of the business submitting the RFP proposal/bid. Failure to comply requires mandatory
rejection of the RFP proposal/bid. The Respondent shall complete and submit the form of statement that
is included in this RFP.
2.6.5 Non-Collusion Affidavit - N.J.S.A. 52:34-15
The Non-Collusion Affidavit, which is part of this RFP, shall be properly executed and submitted with
the RFP response.
2.6.6 Proof of N.J. Business Registration Certificate N.J.S.A. 52:32-44
Each bidder (contractor) is required to submit proof of business registration prior to award of the
contract. Proof of registration shall be a copy of the bidder’s Business Registration Certificate (BRC).
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 obtain and provide the owner the BRC of subcontractors knowingly
used on this contract.
RFP – Professional Services 2023 – Borough of Middlesex
5
2. The contractor shall maintain and submit to the contracting agency a list of
subcontractors and their addresses that may be updated from time to time during the
course of the contract performance. A complete and accurate list shall be submitted
before final payment is made for goods and services rendered under the contract.
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 taxable sales of tangible personal
property delivered into the State.
Failure to submit the BRC with the proposal is NOT a cause for rejection. However, the Borough
prefers the BRC be submitted with the proposal. If it is not provided prior to execution of a contract the
bidder’s bid guarantee shall be forfeited and the contract shall be awarded to the next lowest responsible
bidder.
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 $25.00 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.
A BRC is obtained from the New Jersey Division of Revenue and Enterprise Services. Information on
obtaining a BRC is available on the internet at www.nj.gov/treasury/revenue/busregcert.shtml or by
phone at (609) 292-2929.
Emergency Purchases or Contracts
For purchases of an emergent nature, the contractor shall provide its Business Registration Certificate
within two weeks from the date of purchase or execution of the contract or prior to payment for goods or
services, whichever is earlier.
2.6.7 Pay to Play – Notice of Disclosure Requirement
Business entities are advised of their responsibility to file an annual disclosure statement of political
contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A.
19:44A-20.27 if they receive contracts in excess of $50,000 from public entities in a calendar year.
Business entities are responsible for determining if filing is necessary. Additional information on this
requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.
2.6.8 Assign, Sublet or Transfer Any Rights/Interests
Neither the owner nor the Contractor shall assign, sublet, or transfer any rights or interest in this
Agreement without the prior written consent of the other party. Unless specifically stated to the contrary,
in writing, prior to an assignment, no assignment will release or discharge the assignor from any duty or
responsibility under this Agreement. Nothing herein shall be construed to give any rights or benefits to
anyone other than the owner and the Contractor.
2.6.9 Insurance and Indemnification
If it becomes necessary for the contractor, either as principal or by agent or employee, to enter upon the
premises or property of the owner in order to construct, erect, inspect, make delivery or remove property
hereunder, the contractor hereby covenants and agrees to take use, provide and make all proper,
necessary and sufficient precautions, safeguards, and protection against the occurrence of happenings of
any accident, injuries, damages, or hurt to person or property during the course of the work herein
covered and be his/her sole responsibility.
RFP – Professional Services 2023 – Borough of Middlesex
6
The contractor shall maintain sufficient insurance to protect against all claims under Workers
Compensation, General Liability and Automobile and shall be subject to approval for adequacy of
protection and certificates of such insurance shall be provided.
Indemnification
The contractor agrees to indemnify and save harmless the owner, its officers, agents and employees,
hereinafter referred to as indemnitees, from all suits, including attorney’s fees and costs of litigation,
actions, loss damage, expense, cost of claims, of any character or on account of any act, claim or amount
arising or recovered under Worker’s Compensation law, or arising out of failure of the Contractor or
those acting under Contractor to conform to any statutes, ordinances, regulations, law or court decree. It
is the intent of the parties to this contract that the indemnities shall, in all instances, except for loss or
damage resulting from the sole negligence of the indemnitee, be indemnified against all liability, loss or
damage of any nature whatsoever.
Insurance Requirements:
Worker’s Compensation and Employer’s Liability Insurance
This insurance shall be maintained in full force during the life of this contract by the contractor covering
all employees engaged in performance of this contract pursuant to N.J.S.A. 34:15-12(a) and N.J.A.C.
12:235-1.6. Minimum Employer’s Liability $1,000,000.00.
General Liability Insurance
This insurance shall have limits of not less than $3,000,000.00 any one person and $3,000,000.00 any
one accident for bodily injury and $3,000,000.00 aggregate for property damage and shall be maintained
in force during the life of the contract.
Automobile Liability Insurance
This insurance covering contractor for claims arising from owned, hired and non-owned vehicles with
limits of not less than $3,000,000.00 any one person and $3,000,000.00 any one accident for bodily
injury and $3,000,000.00 each accident for property damage, shall be maintained in force during the life
of this contract by the contractor.
Professional Liability/Malpractice Insurance Policy (if applicable)
Coverage in the amount of $2,000,000.00/occurrence, $4,000,000.00 aggregate and assurance that each
such policy for each staff member remains full and in effect while providing services for owner.
The contractor shall provide the owner with a Certificate of Insurance naming the Borough of Middlesex
as additionally insured, evidencing the existence of required insurance prior to the commission of work.
Said insurance must include coverage for complete operations, contractual insurance and independent
contractor or subcontractor insurance, where and if applicable.
Errors and Omissions Insurance
A.
The contractor shall purchase and maintain during the entire period of this contract, errors
and omissions insurance that shall protect the contractor and the Borough from any and all
claims that may arise out of or result from the contractor’s performance of this contract.
Specifically, the errors and omissions insurance shall have limits of not less than
$2,000,000.00 dollars per occurrence and $4,000,000.00 dollars in the aggregate.
B.
Certificates of the Required Insurance
RFP – Professional Services 2023 – Borough of Middlesex
7
Certificates as listed above shall be submitted along with the contract as evidence covering
Errors and Omissions insurance. Such coverage shall be with acceptable insurance
companies operating on an admitted basis in the State of New Jersey.
The contractor shall provide the Borough with a Certificate of Insurance naming the
Middlesex Borough, its employees, officers, and agents as additionally insured, and
evidencing the existence of required insurance prior to the commission of work.
Middlesex Borough will not accept Mutual Limitation of Liability terms.
2.6.10 Health Insurance Portability and Accountability Act of 1996 - HIPAA (If Applicable)
Both parties agree to comply with all requirements of the Federal Health Insurance Portability and
Accountability Act of 1996 (“HIPAA”) as maybe amended from time to time, and the corresponding
HIPAA regulations for the confidentiality and security of medical information.
The Contractor shall:
• Not use or disclose protected health information other than as permitted or required by law
• Use appropriate safeguards to protect the confidentiality of the information
• Report any use or disclosure not permitted
The contractor, by execution of the contract, shall thereby indemnify and hold the owner harmless from
any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the
failure of the contractor to comply with the requirements of the Health Insurance Portability and
Accountability Act (HIPAA) or any other statute or case law protecting the privacy of persons using its
services.
2.6.11 Proof of Licensure
Proof of licensure for providing Services in the State of New Jersey, for either the firm or the person
responsible for the work, shall be provided as required.
2.6.12 Disclosure of Investment Activities in Iran – P.L. 2012, c. 25
P.L. 2012, c.25 prohibits State and local public contracts with persons or entities engaging in certain
investment activities in energy or finance sectors of Iran.
2.7 Public Emergency
In the event of a Public Emergency declared at the Local, State or Federal Level, if the owner opts to
extend terms and conditions of this RFP, the contractor agrees to extend the terms and conditions of this
RFP, whether existing, expiring or expired no longer than six months, for goods and/or services for the
duration of the emergency. In the event the original contractor cannot meet this requirement, the owner
may solicit the goods and/or services from any bidder on this contract.
2.8 Multiple Proposals Not Accepted
More than one proposal from an individual, a firm or partnership, a corporation or association under the
same or different names shall not be considered.
2.9 Failure to Enter Contract
Should the respondent, to whom the contract is awarded, fail to enter into a contract within ten (10)
days, Sundays and holidays excepted, the owner may then, at its option, accept the proposal of another
respondent.
RFP – Professional Services 2023 – Borough of Middlesex
8
2.10 Commencement of Work
The contractor agrees to commence work after the date of award by the owner and upon notice from the
using department.
2.11 Time of Completion
It is hereby understood and mutually agreed, by and between the respondent and the owner, that the date
on which the work shall be substantially complete as specified in the RFP is an essential condition of
this contract. It is further mutually understood and agreed that the work and contract time embraced in
this Contract shall commence on the date specified and that the resulting contract shall be completed in
sequence and time frames identified by the owner.
The respondent agrees that said services shall be processed regularly, diligently, and uninterruptedly at
such rate of progress as will ensure full completion thereof within the time specified. It is expressly
understood and agreed, by and between the respondent and the owner, that the time of completion of the
services described herein is a reasonable time for the completion of it.
2.12 Termination of Contract
If, through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations under
the Contract or if the contractor violates any requirements of the Contract, the owner shall thereupon
have the right to terminate the Contract by giving written notice to the contractor of such termination at
least thirty (30) days prior to the proposed effective date of the termination. Such termination shall
relieve the owner of any obligation for the balances to the contractor of any sum or sums set forth in the
Contract.
The contractor agrees to indemnify and hold the owner 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 owner under this provision.
In case of default by the contractor, the owner may procure the articles or services from other sources
and hold the contractor responsible for any excess cost occasioned thereby.
2.13 Non-Allocation of Funding Termination
Each fiscal year payment obligation of the Owner is conditioned upon the availability of Owner funds
appropriated or allocated for the payment of such an obligation. If funds are not allocated and available
for the continuance of any services performed by the Contractor hereunder, whether in whole or in part,
the Owner at the end of any particular fiscal year may terminate such services. The Owner will notify
the Contractor in writing immediately of any services that will be affected by a shortage of appropriated
funds. This provision shall not be construed so as to permit the Owner to terminate this Agreement
during the term, or any service hereunder, merely in order to acquire identical services from a third-party
contractor.
2.14 Force Majeure
Neither party shall be responsible for any resulting loss or obligation to fulfill duties as specified in any
of the terms or provisions of this Agreement if the fulfillment of any term or provision of this
Agreement is delayed or prevented by any revolutions, insurrections, riots, wars, acts of enemies,
national emergencies, strikes, floods, fires, acts of God, or by any cause not within the control of the
party whose performance is interfered with which by the exercise of reasonable diligence such party is
unable to prevent. Additionally, if the fulfillment of any of the terms and provisions of this Agreement
is delayed or prevented by any court order, or action or injunction or other such agreement, this
Agreement shall become voidable by the Borough of Middlesex by notice to each party.
RFP – Professional Services 2023 – Borough of Middlesex
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2.15 The Owner and the Contractor each bind themselves and their successors, executors,
administrators, heirs and assigns and legal representatives of the other party respecting all covenants and
agreements and obligations of this contract.
2.16 The terms of this contract shall be construed and interpreted, and all respective rights and duties of
the parties shall be governed by the laws of the State of New Jersey.
2.17 Challenge of Specifications
Any respondent who wishes to challenge a specification shall file such challenge in writing with the
Purchasing Agent no less than three (3) business days prior to the opening of the RFP's.
Challenges filed after that time shall be considered void and having no impact on the owner or the award
of contract.
2.18 Payment
Invoices shall be submitted monthly and must specify, in detail, the period for which payment is
claimed, the services performed during the prescribed period, the amount claimed and correlation
between the services claimed, all backup documentation (mileage, time logs, receipts for expenses, etc.),
amount remaining in total balance, and the Proposal Cost Form.
The Borough of Middlesex will provide a sample Progress Report and Invoice for the Hired Consultant
to ensure compliance.
The owner may withhold all or partial payments on account of subsequently discovered evidence
including but not limited to the following:
1. Deliverables not complying with the project specification;
2. Claims filed or responsible evidence indicating probability of filing claims;
3. A reasonable doubt that the Contract can be completed for the balance then unpaid.
When the above grounds are removed, payment shall be made for amounts withheld because of them.
Invoices shall specify, in detail, the period for which payment is claimed, the services performed during
the prescribed period, the amount claimed and correlation between the services claimed and the Proposal
Cost Form.
2.19 Non-payment of Penalties and Interest on Overdue Bills
Public funds may be used to pay only for goods delivered or services rendered. The Borough of
Middlesex will not pay penalties and/or interest on overdue bills. No employee is authorized to sign a
letter of credit or any other document that represents a legal commitment on the part of the Borough to
pay additional fees.
2.20 Ownership of Material
The owner shall retain all of its rights and interest in any and all documents and property both hard copy
and digital furnished by the owner to the contractor for the purpose of assisting the contractor in the
performance of this contract. All such items shall be returned immediately to the owner at the expiration
or termination of the contract or completion of any related services, pursuant thereto, whichever comes
first. None of the documents and/or property shall, without the written consent of the owner, be
disclosed to others or used by the contractor or permitted by the contractor to be used by their parties at
any time except in the performance of the resulting contract.
RFP – Professional Services 2023 – Borough of Middlesex 10
Ownership of all data, materials and documentation originated and prepared for the owner pursuant to
this contract shall belong exclusively to the owner. All data, reports, computerized information,
programs and materials related to this project shall be delivered to and become the property of the owner
upon completion of the project. The contractor shall not have the right to use, sell, or disclose the total of
the interim or final work products, or make available to third parties, without the prior written consent of
the owner.
Under state and federal statutes, certain government records are protected from public disclosure. The
Borough, the Contractor and any Subcontractors have a responsibility and an obligation to safeguard
from public access an employee's personal information with which it has been entrusted when disclosure
thereof would violate the employee's reasonable expectation of privacy. All payroll, personnel and
health insurance related files are confidential. Additionally, the Contractor and any Subcontractors may
be privy to sensitive law enforcement information or investigations during their review which must
remain confidential. The Borough reserves the right to make any public disclosure under the law. Also,
among government records deemed confidential are administrative or technical information regarding
computer hardware, software and networks that, if disclosed, would jeopardize computer security. The
Contractor and any Subcontractor(s) are prohibited from the sale or distribution of all supplied
information to any third party.
2.21 Source of Specifications/RFP Packages
Official Request for Proposal (RFP) packages for routine goods and services are available from
www.middesexboro-nj.gov at no cost to the prospective respondents. All addenda are posted on this
site. Potential respondents are cautioned that they are responding at their own risk if a third party
supplied the specifications that may or may not be complete. The Borough is not responsible for third
party supplied RFP documents.
2.22 Altering Official Document
Respondents shall not write in any margins or alter the official content of Borough’s RFP document.
2.23 RFP Preparation of Forms
RFPs must be signed in ink by the respondent; all quotations shall be made with a typewriter/computer
or pen and ink. Any quotation showing any erasure alteration must be initialed by the respondent in ink.
Unit prices and totals are to be inserted in spaces provided.
2.24 W-9
Successful bidder/respondent shall complete W-9 Form and submit to Finance prior to contract award.
The form is available at the following link: www.irs.gov/pub/irs-pdf/fw9.pdf
3. SCOPE OF WORK (SOW)
The following is a description of the professional services needed, including where appropriate, a
description of tasks involved:
1.
DESCRIPTION OF SERVICES
The Middlesex Board of Health, hereby requests proposals from New Jersey attorneys or law
firms who are licensed and certified by the State of New Jersey to provide the services described
and proposed herein.
The Borough reserves the right to award a single contract or multiple contracts for the
provision of these services.
RFP – Professional Services 2023 – Borough of Middlesex 11
General Information:
This shall contract shall commence on June 1, 2023, and shall be subject to budgetary appropriations by
the Middlesex Borough Board of Health as required by law.
The Board and the contractor shall have the right to terminate this contract upon thirty (30) calendar
days written notice, return receipt requested, to the other party.
The contractor shall purchase and maintain during the entire period of this contract, professional liability
insurance which shall protect the contractor and the Board from any and all claims that may arise out of
or result from the contractor’s performance of this contract. A Certificate of Insurance in the amount of
one million ($1,000,000.00) dollars per occurrence/annual aggregate shall be provided to the Board prior
to contract award.
The contractor shall indemnify and save harmless the Board and its officers, officials, agents, servants
and employees against and from any and all claims, suits and cost of every kind, type or description,
including attorney’s fees and defense costs, and from any and all damages and liability to which the
Board or its officers, officials, agents, servants or employees may be subjected by reason of injury to
the person or property of others resulting from or in any way arising out of the performance or lack of
performance of this Agreement by the contractor or by any of the contractors agents, servants,
employees and/or subcontractors.
The contractor and their personnel involved in the performance of this contract shall comply with all
appropriate provisions of applicable law and this contract. This contract and all of its provisions shall be
construed under the laws of the State of New Jersey.
The contractor and their personnel shall be independent contractors and not employees, servants or
agents of the Board of Health.
The Board may terminate this agreement without prior notice where the Board has cause for doing so.
“Cause” shall include but not be limited to act(s) or failure(s) to act by the contractor which is clearly
immoral, unethical or negligent or not in compliance with the terms and conditions of this agreement.
Additional Information:
Prices shall be based on hourly rates, (hourly rate not to exceed $2,500 per year), and schedules of fees
submitted herein. Prices shall be firm for the entire contract period. Any services not included as part of
any resulting contract scope of services must be approved and authorized by the Borough before such
work is initiated. The Middlesex Board of Health shall pay for such approved services at the rate or cost
agreed to by the Board and the contractor, provided the respondent has submitted a schedule of fees for
additional services with their proposal submission.
This contract is subject to budgetary appropriations by the Middlesex Board of Health as required by
law.
The Middlesex Board of Health and the contractor shall have the right to terminate this contract upon
thirty (30) days written notice, return receipt requested, to the other party.
The contractor shall purchase and maintain during the entire period of this contract, professional liability
insurance which shall protect the contractor and the Borough from any and all claims that may arise out
RFP – Professional Services 2023 – Borough of Middlesex 12
of or result from the contractor’s performance of this contract. A Certificate of Insurance in the amount
of one million ($1,000,000.00) dollars per occurrence/one million ($1,000,000.00) annual aggregate
shall be provided to the Borough prior to contract award. The Certificate shall also include the provision
that the Middlesex Board of Health be provided thirty (30) days prior written notice of any changes,
modifications or cancellation of such coverage.
The contractor shall indemnify and save harmless the Middlesex Borough of Health and its officers,
officials, agents, servants and employees against and from any and all claims, suits and cost of every
kind, type or description, including attorney’s fees and defense costs, and from any and all damages and
liability to which the Board of Health or its officers, officials, agents, servants or employees may be
subjected by reason of injury to the person or property of others resulting from or in any way arising out
of the performance or lack of performance of this Agreement by the contractor or by any of the
contractors agents, servants, employees and/or subcontractors.
The contractor and their personnel involved in the performance of this contract shall comply with all
appropriate provisions of applicable law and this contract.
This contract and all of its provisions shall be construed under the laws of the State of New Jersey.
The contractor and their personnel shall be independent contractors and not employees, servants or
agents of the Board.
The Board may terminate this agreement without prior notice where the Board has cause for doing so.
“Cause” shall include but not be limited to act(s) or failure(s) to act by the contractor which is clearly
immoral, unethical or negligent or not in compliance with the terms and conditions of this agreement.
Respondent must have admission to the New Jersey Bar for a minimum of ten (10) years and shall
provide a copy of their current New Jersey Bar Card with their proposal submission.
Respondent must be a multi-disciplinary law practice in the field of general law for a minimum of ten
(10) years.
Respondent must be fully licensed and in good standing to practice law in the State of New Jersey.
Respondent must have a minimum of five (5) years current experience representing Governmental
entities in all matters of general law and/or public health matters and in litigation.
The Borough/Board of Health reserves the right to conduct in-person interviews at Borough Hall with
selected firms/individuals.
Firms/individuals selected for in-person interviews shall be prepared to discuss in detail all services they
propose to provide to the Board as part of this contract.
2. SERVICES
The Middlesex Board of Health hereby requests proposals from New Jersey attorneys or law firms
who are licensed and certified by the State of New Jersey to Serve as Legal Counsel for the
Middlesex
Borough
Board
of
Health.
The
attorney
shall
provide
the
following
services/responsibilities:
RFP – Professional Services 2023 – Borough of Middlesex 13
A. Attend meetings of the Board of Health upon request. There is currently a minimum of twelve
(12) meetings per year. The services outlined in Paragraphs A, B (below) and C (below) are
considered to be provided under this agreement.
B. Perform any and all duties as may be required for general operation of the Board. These duties
shall include preparation of resolutions, position papers, general correspondence, research,
review of legislation/regulations and preparation of other documents as may be required for
general operation of the Board.
C. Be available for telephone consultations with the Chairman of the Board, Secretary of the
Board, the Health Officer and/or any other agents/individuals designated by the Board.
D. The attorney shall also provide the following professional services for which they shall be
compensated on a mutually agreed upon hourly rate: 1) civil and criminal litigation on behalf
of the Board; 2) attendance at and appearances for the Board at administrative hearings; 3)
attendance at hearings and/or conferences with State or Federal agencies; 4) preparation of
contracts; and 5) preparation of lease and of other documents beyond the normal scope of the
general operation of the Board. These services shall not be performed without prior
authorization of the Board.
E. The attorney shall be reimbursed by the Board for out-of-pocket expenses such as filing fees,
recording fees, publication fees, court costs and other like expenses incurred by the attorney in
the course of representing the Board. These expenses shall be subject to prior approval of the
Board. These expenses shall be reimbursed on a one-to-one basis.
3. QUALIFICATIONS STATEMENT
Respondent shall indicate on the Proposal Cost Form whether they are willing to accept the
hourly rates as described herein. Respondents not willing to accept said rates shall list the hourly
rate they shall charge the Board on the Proposal Cost Form. The rates charged shall remain firm
for the entire term of this contract. Any services not included as part of any resulting contract
scope of services must be approved and authorized by the Board before any such work/services
is initiated. The Board shall pay for such approved work/services at the rate agreed upon in the
contract.
Respondent shall address their ability to provide the services and responsibilities stated herein.
Respondent shall submit licenses, certifications, resumes, etc., for themselves and for any of their
staff who may be providing services to the Board as part of this contract.
Respondent shall indicate if any of those licenses and/or certifications have ever been suspended
or revoked in New Jersey or any other State.
Respondent shall provide the name of the government agency, address, contact name and contact
telephone number of three (3) government agencies (preferably Borough government entities) in
the State of New Jersey similar in size to Middlesex Borough where they have provided the
services described and proposed herein.
Respondent shall describe their knowledge and experience, and that of their staff, if any, with
regard to providing the services described and proposed herein to the Middlesex Borough Board
of Health.
RFP – Professional Services 2023 – Borough of Middlesex 14
Respondent shall describe their knowledge and experience, and that of their staff, in providing
the services described and proposed herein to government entities in the State of New Jersey.
Respondent shall list any experience and/or knowledge with New Jersey Statutes and
Administrative Codes pertaining to Public Health to include but not limited to consumer
health, environmental health, and public health practice standards.
Respondent shall provide the location of their office(s) that would be serving the Board for this
contract.
Respondent shall describe the resources of their office, including details of support staff that
would be supporting this contract.
Respondent may describe any value-added services that may not have been addressed in this
Request for Proposals that they feel should be considered by the officials evaluating their
proposal submission.
4. AWARD
Award(s) will be made upon review and approval of the Middlesex Board of Health.
5. REJECTION OF PROPOSALS
The owner reserves the right to reject any or all proposals, or to reject any proposals if the
evidence submitted by, or investigation of such respondent fails to satisfy the owner that such
respondent is properly qualified to carry out the obligations of the RFP and to complete the work
contemplated therein. The owner reserves the right to waive any minor informality in the RFP.
6. ALLOWABLE/NON-ALLOWABLE COSTS
a. Allowable:
• Photocopying will be reimbursed at $.10 per page.
• Postage will be reimbursed at actual cost.
• If billing for mileage you may not bill for driving time.
b. Non-Allowable:
• Overhead, e.g. secretary’s time, intra-office communications, in-house computer
time other than outside research, telephone and faxing.
7.
LITIGATION MANAGEMENT PLAN (if applicable)
The successful awardees will be provided with the Borough’s Litigation Management Plan
which shall be part of the contract with the Board. The Litigation Management Plan for
Employment Practices Litigation (EPL) may, in certain instances, need to comply with the
litigation management requirements of the insurance carrier providing coverage to the Board. A
copy of those requirements will be provided to the attorneys who are awarded EPL work. Other
litigation, apart from EPL, should comport to the Borough’s standard Litigation Management
Plan as may be amended or updated from time to time. These are the default provisions that will
govern in the absence of Middlesex Borough insurance coverage related exception or policy.
RFP – Professional Services 2023 – Borough of Middlesex 15
BOROUGH OF MIDDLESEX
EXCEPTIONS
For each exception, the bidder must identify the specific section of specifications by providing the number and
title the exception applies to. It is the responsibility of the bidder to document the equivalence claim in
writing. Submitting product brochures is not an acceptable claim of equivalence.
(IF NONE SO STATE)
USE ADDITIONAL SHEET IF NECESSARY
RFP – Professional Services 2023 – Borough of Middlesex 16
4.
Proposal Requirements
4.1 Qualification Statement
A statement is to be provided by the respondent who will serve as the primary contractor. The statement
shall set forth brief details of the firm's principal activities, the number of personnel in the firm and the
firm's location. Please provide a list of (3) three clients for whom similar services have been provided.
Include the following in your response:
1. Name of government agency.
2. Contact person’s name, position, and current telephone number.
3. Dates, cost and scope of service.
4. Status and comments
4.2 Key Personnel Information
The respondent shall provide the identity and the professional credentials of the principals and other key
personnel either working for the contractor and their areas of responsibilities.
4.3 Subcontractors
Respondents may engage the services of subcontractors for completion of this project. If their proposal
involves any subcontractors, full details on the nature of the work to be performed by them and the
location in which the work is to be performed must be provided. The respondent understands that if
selected, the owner prior to initiating any subcontracted work, must approve the use of subcontractors in
writing.
4.4 Proposal Forms
The following forms are contained in the attachments. All forms are required and shall be completed
and made part of the proposal submitted.
1. Proposal Cost/Signature Form
2. Qualifications Submission Form
3. Non-Collusion Affidavit
4. Stockholder Disclosure
5. Insurance Requirement Acknowledgement Form
6. Affirmative Action Statement
7. Professional Service Entity Information Form
8. Acknowledgement of Receipt of Addenda
9. List of Contribution
10. Certification of Prohibited Activities in Russia and Belarus & Investment Activities in Iran
4.5 Location of Servicing Office
The proposal must list the location and address of the present, active office that will service and manage
this contract.
5.
Evaluation, Review and Selection Process
5.1 Proposals to Remain Subject to Acceptance
RFP responses shall remain open for a period of sixty (60) calendar days from the stated submittal. The
owner will either award the Contract within the applicable time period or reject all proposals.
RFP – Professional Services 2023 – Borough of Middlesex 17
The owner may extend the decision to award or reject all proposals beyond the sixty (60) calendar days
when the proposals of any respondents who consent thereto may, at the request of the owner, be held for
consideration for such longer period as may be agreed.
5.2 Rejection of Proposals
The owner reserves the right to reject any or all proposals, or to reject any proposals if the evidence
submitted by, or investigation of such respondent fails to satisfy the owner that such respondent is
properly qualified to carry out the obligations of the RFP and to complete the work contemplated
therein. The owner reserves the right to waive any minor informality or reject any/or all submissions in
accordance with the Fair & Open Public Solicitation Process for professional services(s) pursuant to P.L.
2004, c.19 (N.J.S.A. 19:44A-20.4 et seq.) in the RFP.
5.3 Evaluation Process
An evaluation team will review all proposals to determine if they satisfy the Proposal Requirements,
determine if a proposal should be rejected and evaluate the proposals based upon the Evaluation Criteria.
The highest-ranking respondent will then be recommended to the governing body for award of contract,
based on most advantageous price and other factors. The Borough reserves the right to reach out to the
respondents to get clarification on Proposals on specific items if necessary, during the deliberation
process.
Evaluation Team – RFP respondents are prohibited from contacting any member of the evaluation team
directly without a formal invitation. If it is found that a respondent has attempted to discuss their
proposal with a team member without an invite, then their proposal may be deemed unresponsive. All
questions during the evaluation period shall be directed to the Purchasing Agent.
5.4 Evaluation Criteria
The criteria considered in the evaluation of each proposal follows. The arrangement of the criteria is not
meant to imply order of importance in the selection process. All criteria will be used to select the
successful respondent.
This will be based on the quality of the content of the RFP and the respondent's ability to communicate a
thorough understanding of the required tasks and the approach to meet the scope of work outlined in the
RFP. The proposals will be evaluated for general compliance with instructions and requests issued in
the RFP. Non-compliance with significant instructions will be grounds for disqualification of proposals.
5.4.1 Understanding of the Requested Work
The proposals will be evaluated for general compliance with instructions and requests issued in the RFP.
Non-compliance with significant instructions shall be grounds for disqualification of proposals.
5.4.2 Knowledge and Technical Competence
This includes the ability of the respondent to perform all of the tasks and fulfill adequately the stated
requirements.
5.4.3 Management, Experience and Personnel Qualifications
Expertise of the firm shall be demonstrated by past contract successes providing government agencies
with similar services. The respondent will be evaluated on knowledge, experience, prior collaboration
and successful completion of projects/services similar to that requested in this RFP.
In addition to relevant experience, respondents shall provide personnel qualifications in the Proposal.
(See 4.1 and 4.2).
RFP – Professional Services 2023 – Borough of Middlesex 18
5.4.4 Ability to Complete the Project/Services in a Timely Manner
This is based on the estimated duration of the tasks and the respondent’s ability to accomplish these
tasks as stated.
5.4.5 Cost
Price shall be based on amount stated on the proposal cost form. Total overall costs to complete the
project, the cost of maintenance, training, etc., or price shall be based on hourly rates and schedules of
fees submitted with the proposal. Any services not included as part of any resulting contract scope of
services must be approved and authorized by the owner before such work is initiated. The owner shall
pay for such approved services, at the rate or cost agreed upon between the owner and contractor,
provided the respondent has provided a schedule of fees for additional services with this RFP.
5.5 Term of the contract
The term of this contract is June 1, 2023 – December 31, 2023.
5.6 Notice of Award
The successful respondent will be notified of the award of contract upon a favorable decision by the
governing body.
6.
List All Contributions
List all contributions, including in-kind contributions you or your firm/company (including all
equitable owners/members thereof) have made to any campaign or candidate for any public
office in Middlesex Borough or Middlesex County in 2021-2022. Include amount(s) of such
contribution(s) and the candidate(s) or committees to whom such amounts were given.
RFP – Professional Services 2023 – Borough of Middlesex 19
BOROUGH OF MIDDLESEX
CHECKLIST
PROFESSIONAL SERVICE TITLE: _________________________________________________
Please fill in the appropriate title in the space above.
SUBMISSION DATE: Tuesday, May 23, 2023 at 11:00 AM
The following items, as indicated below (X), shall be provided with the receipt of sealed submissions:
1. Non-Collusion Affidavit …………………………….……………………………… ___X____
2. Stockholder Disclosure Certification ……………………………………….…………. ___X____
3. Insurance Requirement Acknowledgement Form …………..……….……………… ___X____
4. Mandatory Equal Employment Opportunity Notice Acknowledgement ………………___X____
5. Copy of your Business Registration Certificate as issued by the State of
New Jersey, Department of Treasury, Division of Revenue ...……………………….. ___X____
6. Professional Service Entity Information Form ……………………….………………. ___X____
7. Qualifications Submission Form…….………………………………………….……… ___X____
8. List of Contribution(s)………………..………………………….……………………… ___X____
9. Certification of Prohibited Activities in Russia and Belarus & Investment Activities in Iran___X____
10. Acknowledgement of Corrections, Additions or Deletions Form …………………. ___X____
11. Proposal Cost/Signature Form ………………………………..………………………..___X____
Reminder
Please submit one (1) original and one (1) additional set of the sealed submission.
Each submission shall be contained in a sealed envelope addressed to: Purchasing Agent,
Borough of Middlesex, 1200 Mountain Ave., Middlesex, NJ 08846 or in the preprinted
envelope supplied with the submission package when available and said envelope shall
specify the Appointment Title/Professional Service for which the submission is provided.
The submission is to be clearly marked “Sealed Submission Enclosed” – Board of Health
Attorney and must be delivered at the place and time required or mailed so as to be received
prior to the opening time set in the advertisement.
Submissions received after the hour herein named or in unsealed envelopes shall not be
considered.
RFP – Professional Services 2023 – Borough of Middlesex 20
BOROUGH OF MIDDLESEX
BID PROPOSAL FORM/SIGNATURE PAGE
TO THE BOROUGH OF MIDDLESEX:
The undersigned declares that he/she has read the Notice, Instructions, Affidavits and Scope of
Services attached, that he/she has determined the conditions affecting the bid and agrees, if this
bid is accepted, to furnish and deliver services per the following:
PROFESSIONAL SERVICES
FEE SCHEDULE SUBMITTED Yes No
(Corporation)
The undersigned is a (Partnership) under the laws of the State of __________________________ having its
(Individual)
Principal office at
Company
Federal I.D. # or Social Security #
Address
Signature of Authorized Agent
Type or Print Name
Title of Authorized Agent
Date
Telephone Number
Email Address
Fax Number
RFP – Professional Services 2023 – Borough of Middlesex 21
LIST ALL CONTRIBUTION(S)
2021-2022
List all contributions, including in-kind contributions you or your firm/company (including all
equitable owners/members thereof) have made to any campaign or candidate for any public office
in Middlesex Borough or Middlesex County in 2021-2022. Include amount(s) of such contribution(s)
and the candidate(s) or committees to whom such amounts were given.
Name of Campaign or Candidate
Amount of Contribution
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
By signing below, you acknowledge that you or your firm/company (including all equitable
owners/members thereof), have not made any contributions to any campaign or candidate for any
public office in Middlesex Borough or Middlesex County in 2021-2022.
COMPANY: ______________________________ PRINT NAME: ____________________________
SIGNATURE: ___________________________ TITLE: __________________________________
DATE: __________________
RFP – Professional Services 2023 – Borough of Middlesex 22
BOROUGH OF MIDDLESEX
QUALIFICATIONS SUBMISSION FORM
1.
Names and roles of the individuals who will perform the services and description of
their education and experience with projects similar to the services contained herein
including their education, degrees and certifications:
2.
References and record of success of same or similar service:
3.
Description of ability to provide the services in a timely fashion (including staffing,
familiarity and location of key staff):
RFP – Professional Services 2023 – Borough of Middlesex 23
4. Cost details, including the hourly rates of each of the individuals who will perform
services, including their title, level of expertise and years of experience, and all expenses:
Firm __________________________________________ Date: _________________________
Authorized Representative (Print):
___________________________________________________
Signature: ________________________ Title:________________________________________
Telephone #: _____________________ Fax #: ______________________________________
RFP – Professional Services 2023 – Borough of Middlesex 24
BOROUGH OF MIDDLESEX
PROFESSIONAL SERVICE ENTITY INFORMATION FORM
If the Professional Service Entity is an INDIVIDUAL, sign name and give the following information:
Name:______________________________________________________________________________________________
Address:_____________________________________________________________________________________________
Telephone No.: ____________________Social Security No.: ___________________________________________________
Fax No.: _______________________ E-Mail: _____________________________________________________________
If individual has a TRADE NAME, give such trade name:
Trading As: _________________________________ Telephone No.: ___________________________________________
****************************************************************************************************
If the Professional Service Entity is a PARTNERSHIP, give the following information:
Name of
Partners:_____________________________________________________________________________________________
Firm
Name:_______________________________________________________________________________________________
Address:_____________________________________________________________________________________________
Telephone No.: ____________________________ Federal I.D. No.: _____________________________________________
Fax No.: ______________________ E-Mail: _______________________________________________________________
Social Security No.: ___________________________________________________________________________________
Signature of authorized agent: ____________________________________________________________________________
****************************************************************************************************
If the Professional Service Entity is INCORPORATED, give the following information:
State under whose laws incorporated: _____________________________________________________________________
Location of principal office: _____________________________________________________________________________
Telephone No.: ____________________ Federal I.D. No.: ____________________________________________________
Fax No.: _______________________ E-Mail:_______________________________________________________________
Name of agent in charge of said office upon whom notice may be legally served:
____________________________________________________________________________________________________
Telephone No.: ___________________Name of Corporation: __________________________________________________
Signature: By: __________________________________________________________
Title: Address: ______________________________________________________________
RFP – Professional Services 2023 – Borough of Middlesex 25
BOROUGH OF MIDDLESEX
OWNERSHIP STATEMENT - STOCKHOLDER DISCLOSURE FORM
LEGAL NAME OF BIDDER: ___________________________________________________________
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
Other, Please List __________________________________
List the names and addresses of all stockholders who own ten (10%) percent or more of the above company’s stock, and if
there are NO STOCKHOLDERS OF 10% OR MORE, simply check the second box below. If one or more such
stockholders or partner is itself a corporation or partnership, the stockholders holding 10% or more of that corporation's
stock, or the individual partners owning 10% of that corporation's stock, or the individual partners owning 10% or greater
interest in that partnership, as the case may be, must also be listed.
The disclosure shall be continued until names and addresses of every person who is a non-corporate
stockholder, or individual partner, exceeding the 10% ownership criteria established in this act, has been
listed, in full compliance with Chapter 33 of the New Jersey Public Laws of 1977.
BIDDERS/RESPONDENTS MUST CHECK THE APPROPRIATE BOX:
I certify that the list below contains the names and addresses of all stockholders holding 10% or more of the issued
and outstanding stock of the undersigned.
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned.
Publicly Traded - For publicly traded entities to comply with N.J.S.A. 52:25-24.2 they may submit the name and address
of each publicly traded entity, and the name and address of each person holding 10% or more beneficial interest in the
publicly traded entity as of the last annual filling with the Security Exchange Commission (SEC), or foreign equivalent.
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing, or foreign equivalent:
____________________________________________________________________________________________
The requested information is available on the following page number(s) of the SEC, or foreign equivalent, filing:
____________________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
(Note: Attach additional pages if necessary)
________________________________________________________________
______________
(Respondent/Respondent Authorized Signature)
(Date)
___________________________________________
______________________________________
(Print name of authorized signatory)
(Title)
RFP – Professional Services 2023 – Borough of Middlesex 26
BOROUGH OF MIDDLESEX
NON-COLLUSION AFFIDAVIT
State of _____________
County of _____________
ss:
I, _____________________________ of the City of _______________________________
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 bidder making this Proposal for the above named project, and that I executed the said proposal
with full authority so to do; that said bidder has not, directly or indirectly entered into any
agreement, participated in any collusion, or otherwise taken any action in restraint of free,
competitive bidding in connection with the above named project; and that all statements contained
in said proposal and in this affidavit are true and correct, and made with full knowledge that the
Borough of Middlesex 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_________________________________.
(Name of Contractor)
(N.J.S.A. 52:34-15)
Subscribed and sworn to
Before me this _______day
Of ___________, _______.
Signature
(Type or print name of affiant under signature)
_______________________________________
Notary public of
My Commission expires ___________________.
RFP – Professional Services 2023 – Borough of Middlesex 27
BOROUGH OF MIDDLESEX
INSURANCE REQUIREMENTS AND ACKNOWLEDGEMENT FORM
Certificate(s) of Insurance shall be filed with the Borough Clerk’s Office upon award of
contract by the Mayor and Borough Council.
The minimum amount of insurance to be carried by the Professional Service Entity shall
be as follows:
PROFESSIONAL LIABILITY INSURANCE
Limits shall be a minimum of $1,000,000.00 for each claim and $2,000,000.00
aggregate each policy period.
Acknowledgement of Insurance Requirement:
________________________________________________________________
(Signature)
(Date)
________________________________________________________________
(Printed Name and Title)
RFP – Professional Services 2023 – Borough of Middlesex 28
EXHIBIT A
EEO/AFFIRMATIVE ACTION COMPLIANCE NOTICE
N.J.S.A. 10:5-31 and N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance
to the Borough and Division of Public Contracts Equal Employment Opportunity Compliance. During
a review, Division representatives will review the Borough files to determine whether the
affirmative action evidence has been submitted by the vendor/contractor. Specifically, each
vendor/contractor shall submit to the Borough, prior to execution of the contract, one of the
following documents:
Goods and General Service Vendors
1. Letter of Federal Approval indicating that the vendor is under an existing federally approved or
sanctioned affirmative action program. A copy of the approval letter is to be provided by the
vendor to the Borough and the Division. This approval letter is valid for one year from the date
of issuance.
Do you have a federally approved or sanctioned EEO/AA program?
Yes
No
If yes, please submit a photo static copy of such approval.
2. A Certificate of Employee Information Report (hereafter “Certificate”), issued in accordance with
N.J.A.C. 17:27-1.1 et seq. The vendor must provide a copy of the Certificate to the Borough as
evidence of its compliance with the regulations. The Certificate represents the review and
approval of the vendor’s Employee Information Report, Form AA-302 by the Division. The
period of validity of the Certificate is indicated on its face. Certificates must be renewed prior to
their expiration date in order to remain valid.
Do you have a State Certificate of Employee Information Report Approval?
Yes
No
If yes, please submit a photo static copy of such approval.
3. The successful vendor shall complete an Initial Employee Report, Form AA-302 and submit it to
the Division with $150.00 Fee and forward a copy of the Form to the Borough. Upon submission
and review by the Division, this report shall constitute evidence of compliance with the
regulations. Prior to execution of the contract, the EEO/AA evidence must be submitted.
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on
the Division website www.state.nj.us/treasury/contract_compliance.
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal
Employment Opportunity Compliance, with a copy to Public Agency.
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 and N.J.A.C. 17:27 and agrees to furnish the required forms of
evidence.
The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27.
COMPANY: ______________________________ SIGNATURE: ____________________________
PRINT NAME: ___________________________ TITLE: __________________________________
DATE: __________________
RFP – Professional Services 2023 – Borough of Middlesex 29
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 Borough employment goals
established in accordance with N.J.A.C. l7:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited
to, employment agencies, placement bureaus, colleges, universities, 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 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 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 www.state.nj.us/treasury/contract_compliance).
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.
RFP – Professional Services 2023 – Borough of Middlesex 30
SAMPLE CERTIFICATE OF EMPLOYEE INFORMATION REPORT
RFP – Professional Services 2023 – Borough of Middlesex 31
BOROUGH OF MIDDLESEX
AMERICANS WITH DISABILITIES ACT OF 1990
Equal Opportunity for Individuals with Disability
The Contractor and the Owner, do hereby agree that the provisions of Title 11 of the Americans
With Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 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 owner
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 owner in any action or administrative proceeding commenced pursuant
to this Act. The contractor shall indemnify, protect, and save harmless the 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 owner’s
grievance procedure, the contractor agrees to abide by any decision of the owner which is rendered
pursuant to said grievance procedure. If any action or administrative proceeding results in an
award of damages against the owner, or if the 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 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 owner or any of its agents, servants, and
employees, the owner shall expeditiously forward or have forwarded to the contractor every
demand, complaint, notice, summons, pleading, or other process received by the owner or its
representatives.
It is expressly agreed and understood that any approval by the 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 owner pursuant to this
paragraph.
It is further agreed and understood that the 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 owner from taking any other actions available to it
under any other provisions of the Agreement or otherwise at law.
RFP – Professional Services 2023 – Borough of Middlesex 32
BOROUGH OF MIDDLESEX
THESE ARE SAMPLES OF THE ONLY ACCEPTABLE
BUSINESS REGISTRATION CERTIFICATES
PREFER SUBMITTED WITH BID RESPONSE
REQUIRED BY LAW PRIOR TO AWARD OF CONTRACT
RFP – Professional Services 2023 – Borough of Middlesex 33
Borough of Middlesex
CERTIFICATION OF PROHIBITED ACTIVITIES IN RUSSIA AND BELARUS &
INVESTMENT ACTIVITIES IN IRAN PURSUANT TO P.L.2022, c.3
BID/RFP/Solicitation Number:
Bidder/Offeror:
Part 1: Certification
COMPLETE PART 1 BY CHECKING ONE OF THE THREE BOXES BELOW
Pursuant to law, any person or entity that is a successful bidder or proposer, or otherwise proposes to enter into or renew a
contract, for goods or services must complete the certification below prior to contract award to attest, under penalty of
perjury, that neither the person or entity, nor any parent entity, subsidiary, or affiliate, is identified on the Department of
Treasury's Russia-Belarus list or Chapter 25 list as a person or entity engaging in prohibited activities in Russia, Belarus or
Iran. Before a contract for goods or services can be amended or extended, a person or entity must certify that neither the
person or entity, nor any parent entity, subsidiary, or affiliate, is identified on the Department of Treasury's Russia-Belarus
list. Both lists are found on Treasury’s website at the following web addresses:
https://www.nj.gov/treasury/administration/pdf/RussiaBelarusEntityList.pdf
www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf.
As applicable to the type of contract, the above-referenced lists must be reviewed prior to completing the below
certification.
A person or entity unable to make the certification must provide a detailed, accurate, and precise description of the
activities of the person or entity, or of a parent entity, subsidiary, or affiliate, engaging in prohibited activities in Russia or
Belarus and/or investment activities in Iran. The person or entity must cease engaging in any prohibited activities and
provide an updated certification before the contract can be entered into.
If a vendor or contractor is found to be in violation of law, action may be taken as appropriate and as may be provided by
law, rule, or contract, including but not limited to imposing sanctions, seeking compliance, recovering damages, declaring
the party in default, and seeking debarment or suspension of the party.
CONTRACT AWARDS AND RENEWALS
I certify, pursuant to law, that neither the person or entity listed above, nor any parent entity, subsidiary, or
affiliate appears on the N.J. Department of Treasury’s lists of entities engaged in prohibited activities in Russia or
Belarus pursuant to P.L. 2022, c. 3 or in investment activities in Iran pursuant to P.L. 2012, c. 25 ("Chapter 25
List"). I further certify that I am the person listed above, or I am an officer or representative of the entity listed
above and am authorized to make this certification on its behalf. (Skip Part 2 and sign and complete the
Certification below.)
CONTRACT AMENDMENTS AND EXTENSIONS
I certify, pursuant to law, that neither the person or entity listed above, nor any parent entity, subsidiary, or
affiliate is listed on the N.J. Department of the Treasury’s lists of entities determined to be engaged in prohibited
activities in Russia or Belarus pursuant to P.L. 2022, c. 3. I further certify that I am the person listed above, or I
am an officer or representative of the entity listed above and am authorized to make this certification on its
behalf. (Skip Part 2 and sign and complete the Certification below.)
IF UNABLE TO CERTIFY
I am unable to certify as above because the person or entity and/or a parent entity, subsidiary, or affiliate is
listed on the Department's Russia-Belarus list and/or Chapter 25 Iran list. I will provide a detailed, accurate, and
precise description of the activities as directed in Part 2 below, and sign and complete the Certification below.
Failure to provide such will prevent the award of the contract to the person or entity, and appropriate penalties,
fines, and/or sanctions will be assessed as provided by law.
RFP – Professional Services 2023 – Borough of Middlesex 34
Part 2: Additional Information
PLEASE PROVIDE FURTHER INFORMATION RELATED TO PROHIBITED ACTIVITIES IN RUSSIA OR BELARUS AND/OR
INVESTMENT ACTIVITIES IN IRAN.
You must provide a detailed, accurate, and precise description of the activities of the person or entity, or of a parent entity,
subsidiary, or affiliate, engaging in prohibited activities in Russia or Belarus and/or investment activities in Iran in the space
below and, if needed, on additional sheets provided by you.
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
Part 3: Certification of True and Complete Information
I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any attachments
there, to the best of my knowledge, are true and complete. I attest that I am authorized to execute this certification on
behalf of the above-referenced person or entity.
I acknowledge that the Borough of Middlesex is relying on the information contained herein and hereby
acknowledge that I am under a continuing obligation from the date of this certification through the completion of any
contracts with the Borough of Middlesex to notify the Borough of Middlesex in writing of any changes to the answers of
information contained herein.
I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this
certification. If I do so, I recognize that I am subject to criminal prosecution under the law and that it will also constitute a
material breach of my agreement(s) with the Borough of Middlesex and that the at its option may declare any contract(s)
resulting from this certification void and unenforceable.
Signature of Vendor’s Authorized Representative
Date
Print Name and Title of Vendor’s Authorized Representative
Vendor Name
Vendor Phone Number
Vendor Address (Street Address)
Vendor Fax Number
Vendor Address (City/State/Zip Code)
Vendor Email Address for Authorized Representative
1 Engaged in prohibited activities in Russia or Belarus” means (1) companies in which the Government of Russia or Belarus has any direct
equity share; (2) having any business operations commencing after the effective date of this act that involve contracts with or the provision of
goods or services to the Government of Russia or Belarus; (3) being headquartered in Russia or having its principal place of business in
Russia or Belarus, or (4) supporting, assisting, or facilitating the Government of Russia or Belarus in their campaigns to invade the sovereign
country of Ukraine, either through in-kind support or for profit.
RFP – Professional Services 2023 – Borough of Middlesex 35
BOROUGH OF MIDDLESEX
ACKNOWLEDGMENT OF RECEIPT OF ADDENDA
The undersigned Bidder hereby acknowledges receipt of the following Addenda:
ADDENDUM
NUMBER
DATE
ACKNOWLEDGE RECEIPT
(Initial)
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
No Addenda were received:
Acknowledged for:
(Name of Bidder)
By:
(Signature of Authorized Representative)
Name:
(Print or Type)
Title:
Date:
RFP – Professional Services 2023 – Borough of Middlesex 36
EXHIBIT A
EVALUATION SHEET
BOROUGH OF
MIDDLESEX
EVALUATORS NAME
Write NA if
category
COMPANY NAME
does not apply.
Understanding the Requested Work
10 Points
Category
0 Points
1 - 2 Points
3 - 4 Points
Points Given
Demonstrates clear
Does not demonstrate clear
Proposal points are
Proposal is clear, readable
understanding
understanding
adequately defined
and precise
0 Points
1 - 2 Points
3 Points
Completeness and
Does not address major
Proposal absent some non-
Proposal complete and
responsiveness to RFP
requirements
critical points
responsive
Compliance with
Does not comply
Complies substantially
Complies with all
instructions and requests
instructions and requests
Knowledge and Professional Compliance
25 Points
Category
0 - 2 Points
3 - 4 Points
5 - 6 Points
Points Given
Education and training of
Minimal training, no formal
Some prior experience, some
High level of education and
employees, suitability to
education, new performer
training and documented
training, well proven
perform the required tasks
performance
performance
0 Points
1 - 2 Points
3 - 7 Points
Does respondent have the
Not adequately documented
Proposal uses some current
Well documented use of the
character, integrity,
technology
latest technologies
reputation, judgment,
experience & efficiency
required by the Professional
0 Points
1 - 2 Points
3 - 4 Points
QA/QC Process
Not adequately documented
QA/QC documented, but
QA/QC documented with
with little oversight
significant oversight
0 Points
1 - 3 Points
4 - 8 Points
Primary Professional vs.
More than one Sub-
Only one Sub-Professional
Primary Professional will do
subcontracted resources
Professional
providing 50% of resources
entire project
depending on nature of sub
to be used
and percentage of project
Ability to Perform Services in a Timely Manner
15 Points
Category
0 Points
1 - 2 Points
3 - 4 Points
Points Given
Scheduling Timeline
Cannot meet schedule
Meets most of schedule
Meets entire schedule
0 - 1 Points
2 - 3 Points
4 - 6 Points
Personnel & Resources
May not be sufficient
Sufficient for project
Dedicated resources
0 - 2 Points
3 - 4 Points
5 Points
Primary Professional
Primary Professional has not
Primary Professional has
No Sub-Professional or a
relationship Sub-
worked with Sub-
limited experience with Sub-
proven record with Sub-
Professionals
Professional
Professional
Professional
RFP – Professional Services 2023 – Borough of Middlesex 37
Management, Experience and Personnel Qualifications
25 Points
Category
0 Points
1 - 2 Points
3 Points
Points Given
Project Management Plan
Not demonstrated as sound
Plan is average
Plan is sound and detailed
Project Management Team
Does not meet qualifications
Qualified but little
Well qualified and has
experience working together
collaborated on similar projects
0 Points
1 -2 Points
3 - 5 Points
Record of reliability and
Not documented
Some documentation
Track record of high quality
quality of service
0 - 1 Points
2 - 4 Points
5 - 7 Points
Scope of Work Experience
Few related projects
Some similar projects
Numerous similar projects
Experience in performing
Limited experience
Good experience
Exceptional experience
similar work by employees
Management, Experience and Personnel Qualifications
25 Points
Category
0 Points
2 Points
3 Points
Points Given
Explanation of costs
Costs not explained
Some correlation provided
Well documented
0 - 4 Points
5 - 10 Points
11 - 15 Points
Cost comparison
Highest third in salary
dollars
Middle third in salary dollars
Lowest third in salary dollars
0 - 1 Points
2 - 3 Points
4 - 6 Points
Other costs, copies, travel, etc
Travel and copy cost in
Copy cost equal to OPRA
costs
None
excess of OPRA
0 Points
1 - 2 Points
3 Points
Additional Services
No needed additional
Possible additional services
Needed additional services
services identified
identified, costs not included
identified and included
TOTAL POINTS AWARDED
--- Document: RFP - 2023-002 PRIVATE COLLECTION OF MUNICIPAL DEBT ---
Borough of Middlesex
1200 Mountain Avenue
Middlesex, New Jersey 08846
NOTICE TO BIDDERS
RFP-2023-002
PUBLIC NOTICE UNDER A FAIR AND OPEN PROCESS FOR THE SOLICITATION OF
QUALIFICATIONS AND RATES PURSUANT TO N.J.S.A 40A:11-4.1 FOR PRIVATE
COLLECTION OF MUNICIPAL COURT DEBT SERVICES
FOR APPOINTMENT FROM May 31, 2023 THROUGH DECEMBER 31, 2023
NOTICE IS HEREBY GIVEN that sealed proposals will be received by the Purchasing
Agent or designated representative, for Middlesex Borough, and opened and read in pubic
on Wednesday, May 10, 2023 at 11:00 a.m. prevailing time, in the Municipal Building,
1200 Mountain Avenue, Middlesex, New Jersey 08846, for the following position:
RFP - PRIVATE COLLECTION OF MUNICIPAL COURT DEBT
All contractors that are awarded competitive contracts pursuant to N.J.S.A. 40A:11-
4.1(m) are required to comply with the requirements of N.J.S.A. 52:32-44 (Business
Registration of Public Contractors), N.J.S.A. 52:25-24.2 (Statement of Corporate
Ownership), 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).
A copy of the proposal documents or any addendums are on file at the Borough of
Middlesex, Clerk’s Office and may be obtained during regular business hours, 9:00am to
4:00pm, Monday through Friday. Proposal packages may also be obtained via email by
contacting the Purchasing Agent, Carmen Modica at cmodica@middlesexboro-nj.gov and
providing your contact information. Contact information to include vendor name and
address, contact person, telephone number.
The Borough reserves the right to reject any or all submissions due to any defects or
waive informalities and accept any submissions that in their judgment will be in the best
interest of the Borough. Questions concerning this notice may be directed to Michael La
Place at (732) 356-7400 ext. 264.
Carmen Modica, QPA
Purchasing Agent
Date Advertised: Tuesday, April 25, 2023
--- Document: RFP - 2023-001 BOARD OF HEALTH ATTORNEY ---
RFP – Professional Services 2023 – Borough of Middlesex
1
RFP – 2023-001
PUBLIC NOTICE UNDER A FAIR AND OPEN PROCESS FOR THE SOLICITATION OF
QUALIFICATIONS AND RATES FOR BOARD OF HEALTH ATTORNEY
FOR APPOINTMENT JUNE 1, 2023, THROUGH DECEMBER 31, 2023
NOTICE IS HEREBY GIVEN that sealed submissions will be received by the Purchasing
Agent or designated representative, for Middlesex Borough, on Wednesday, May 3, 2023 at 11:00 am
prevailing time, in the Municipal Building, 1200 Mountain Avenue, Middlesex, New Jersey 08846, then
publicly opened for the following positions:
• Board of Health Attorney
All professional service contractors are required to comply with 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). The submission
package is printable from the website www.middlesexboro-nj.gov or may be obtained at the Clerk’s
Office, Municipal Building,1200 Mountain Avenue, Middlesex, New Jersey 08846 during regular
business hours (9:00 a.m. – 4:00 p.m. Monday-Friday).
The Borough reserves the right to reject any or all submissions due to any defects or waive informalities
and accept any submissions that in their judgment will be in the best interest of the Borough. Questions
concerning this notice may be directed to Michael La Place, Borough Administrator,
mlaplace@middlesexboro-nj.gov.
Date Advertised: Wednesday, April 19, 2023
Carmen Modica
Purchasing Agent
Borough of Middlesex
1200 Mountain Avenue
Middlesex, New Jersey 08846
RFP – Professional Services 2023 – Borough of Middlesex
2
BOROUGH OF MIDDLESEX
GENERAL INSTRUCTIONS
1. Introduction
The Borough of Middlesex, Middlesex County, State of New Jersey (hereinafter called the “OWNER”)
invites submissions for the service(s) mentioned in the Public Notice for Professional Services
Qualifications and Rates for 2023.
This contract is to furnish and deliver various professional services for the Borough of Middlesex
through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et. seq.
2. Administrative Conditions and Requirements
The following items express the conditions and requirements of this RFP. Together with the other RFP
sections, they apply to the RFP process, the subsequent contract, and project production. Any proposed
change, modification, or exception to these conditions and requirements may be the basis for the owner
to determine the proposal as non-responsive to the RFP and will be a factor in the determination of an
award of a contract. The contents of the proposal of the successful respondent, as accepted by the owner,
will become part of any contract awarded as a result of this RFP.
2.1 Proposal Submission Information
Submission Date and Time: Wednesday, May 3, 2023 at 11:00am
One (1) Original signed in ink & one (1) copy of the RFP response.
Submission Office:
Purchasing Agent, Clerk’s Office
1200 Mountain Avenue
Middlesex, NJ 08846
Each submission must be provided on a Standardized Submission Form as supplied in the submission
package and signed by the professional services entity or principal thereof. All prices and amounts must
be written in ink or preferably typewritten. Each signatory to the submission must initial all erasures or
corrections.
Each submission shall be contained in a sealed envelope addressed to: Purchasing Agent, Borough of
Middlesex, 1200 Mountain Ave., Middlesex, NJ 08846. The submission is to be clearly marked “Sealed
Submission Enclosed” – Board of Health Attorney and must be delivered at the place and time required
or mailed so as to be received prior to the opening time set in the advertisement. Submissions received
after the hour herein named or in unsealed envelopes shall not be considered. The original proposal shall
be signed in ink and marked to distinguish it from the one (1) copy. Faxed or emailed proposals will
NOT be accepted.
The 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.
Responses delivered before the submission date and time specified above may be withdrawn upon
written application of the respondent who shall be required to produce evidence showing that the
individual is or represents the principal or principals involved in the proposal. After the submission date
and time specified above, responses must remain firm for a period of sixty (60) days.
The submission shall be accompanied by: (1) Non-Collusion Affidavit, (2) Disclosure of Ownership
RFP – Professional Services 2023 – Borough of Middlesex
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Form, (3) Insurance Requirement Acknowledgement Form, (4) Mandatory Equal Employment
Opportunity Notice Acknowledgement, (5) Copy of the applicable Business Registration Certificate, (6)
Professional Services Entity Information Form, (7) Qualifications Submission, (8) List of Contribution,
(9) Certification of Prohibited Activities in Russia and Belarus & Investment Activities in Iran pursuant
to p.l.2022, c.3 (10) Acknowledgement of Corrections, Additions or Deletions Form.
2.2 Borough Representative for this Solicitation
Questions by prospective respondents concerning this RFP may be addressed to Michael La Place in
writing via email mlaplace@middlesexboro-nj.gov. Please note the aforementioned contact is
authorized only to direct the attention of prospective respondents to various portions of the requirements
so that they may read and interpret each portion for themselves. NO employee of the Borough of
Middlesex is authorized to give interpretations of any portion of this RFP or to give information as to the
requirements for the RFP in addition to that already contained in the RFP unless as a formal addenda.
Interpretations of the RFP or additional information as to its requirements, when necessary, shall be
communicated to prospective respondents only by written addendum issued by the Purchasing Agent of
the Borough of Middlesex.
Please identify the contract name and note Request for Information as the subject line when submitting
a request by fax or email.
2.3 Interpretations and Addenda
Respondents are expected to examine the RFP with care and observe all its requirements. All questions
about the meaning or intent of this RFP, all interpretations and clarifications considered necessary by the
owner’s representative in response to such comments and questions will be issued by Addenda mailed or
delivered to all parties recorded as having received the RFP package. Only comments and questions
responded to by formal written Addenda will be binding. Oral interpretations, statements or
clarifications are without legal effect.
2.4 Quantities of Estimate
Wherever the estimated quantities of work to be done are shown in any section of this RFP, including
the Proposal Cost Form, they are given for use in comparing proposals. The owner especially reserves
the right (except as herein otherwise specifically limited) to increase or diminish the quantities as may
be deemed reasonably necessary or desirable by the owner to complete the work detailed by the
contract. Such increase or diminution shall in no way violate this contract, nor shall any such increase or
diminution give cause for claims or liability for damages.
2.5 Cost Liability and Additional Costs
The owner assumes no responsibility and liability for costs incurred by the respondents prior to the
issuance of an agreement. The liability of the owner shall be limited to the terms and conditions of the
contract.
Respondents will assume responsibility for all costs not stated in their proposals. All unit rates either
stated in the proposal or used as a basis for its pricing are required to be all-inclusive. Additional
charges, unless incurred for additional work performed by request of the owner as noted in 2.4, are not
to be billed and will not be paid.
2.6 Statutory and Other Requirements
2.6.1 Compliance with Laws
RFP – Professional Services 2023 – Borough of Middlesex
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Any contract entered into between the contractor and the owner must be in accordance with and subject
to compliance by both parties with the New Jersey Local Public Contracts Law. The contractor must
agree to comply with the non-discrimination provisions and all other laws and regulations applicable to
the performance of services there under. The respondent shall sign and acknowledge such forms and
certificates as may be required by this section.
2.6.2 Mandatory EEO/Affirmative Action Compliance - N.J.S.A 10:5-31 et seq. and N.J.A.C 17:27
et seq.
No firm shall be issued a contract unless it complies with the EEO/Affirmative Action requirements of
P. L. 1975, C. 127 as identified in the documents attached hereto. The form shall be properly executed.
2.6.3 Americans with Disabilities Act of 1990 - 42 U.S.C. S121 01 et seq.
Discrimination on the basis of disability in contracting for the delivery of services is prohibited.
Respondents are required to read American with Disabilities language that is part of the documents
attached hereto and agree that the provisions of Title II of the Act are made part of the contract. The
contractor is obligated to comply with the Act and hold the owner harmless.
2.6.4 Statement of Corporate Ownership-Stockholder Disclosure - N.J.S.A. 52:25-24.2 (P.L. 1977
c.33)
In accordance with N.J.S.A. 52:25-24.2, no corporation, partnership, limited partnership, limited liability
corporation, limited liability partnership, Subchapter S corporation or sole proprietorship, shall be
awarded a contract, unless prior to the receipt of the RFP response/bid or accompanying the RFP
response/bid of the corporation, partnership, limited partnership, limited liability corporation, limited
liability partnership, Subchapter S corporation or sole proprietorship, there is submitted to the Borough a
statement setting forth the names and addresses of all stockholders who own 10% or more of the stock,
of any class or of all individual partners who own a 10% or greater interest in the corporation,
partnership, limited partnership, limited liability corporation, limited liability partnership, Subchapter S
corporation or sole proprietorship. If one or more such stockholder or partner is itself a corporation or
partnership, the stockholders holding 10% or more of that corporation’s stock, or the individual partners
owning 10% or greater interest in that partnership, as the case may be, shall also be listed. The
disclosure shall be continued until names and addresses of every non-corporate stockholder and
individual partner exceeding the 10% ownership criteria established in this act has been listed. The form
shall be signed and submitted with the RFP proposal/bid whether or not a stockholder or partner owns
less than 10% of the business submitting the RFP proposal/bid. Failure to comply requires mandatory
rejection of the RFP proposal/bid. The Respondent shall complete and submit the form of statement that
is included in this RFP.
2.6.5 Non-Collusion Affidavit - N.J.S.A. 52:34-15
The Non-Collusion Affidavit, which is part of this RFP, shall be properly executed and submitted with
the RFP response.
2.6.6 Proof of N.J. Business Registration Certificate N.J.S.A. 52:32-44
Each bidder (contractor) is required to submit proof of business registration prior to award of the
contract. Proof of registration shall be a copy of the bidder’s Business Registration Certificate (BRC).
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 obtain and provide the owner the BRC of subcontractors knowingly
used on this contract.
RFP – Professional Services 2023 – Borough of Middlesex
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2. The contractor shall maintain and submit to the contracting agency a list of
subcontractors and their addresses that may be updated from time to time during the
course of the contract performance. A complete and accurate list shall be submitted
before final payment is made for goods and services rendered under the contract.
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 taxable sales of tangible personal
property delivered into the State.
Failure to submit the BRC with the proposal is NOT a cause for rejection. However, the Borough
prefers the BRC be submitted with the proposal. If it is not provided prior to execution of a contract the
bidder’s bid guarantee shall be forfeited and the contract shall be awarded to the next lowest responsible
bidder.
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 $25.00 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.
A BRC is obtained from the New Jersey Division of Revenue and Enterprise Services. Information on
obtaining a BRC is available on the internet at www.nj.gov/treasury/revenue/busregcert.shtml or by
phone at (609) 292-2929.
Emergency Purchases or Contracts
For purchases of an emergent nature, the contractor shall provide its Business Registration Certificate
within two weeks from the date of purchase or execution of the contract or prior to payment for goods or
services, whichever is earlier.
2.6.7 Pay to Play – Notice of Disclosure Requirement
Business entities are advised of their responsibility to file an annual disclosure statement of political
contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A.
19:44A-20.27 if they receive contracts in excess of $50,000 from public entities in a calendar year.
Business entities are responsible for determining if filing is necessary. Additional information on this
requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.
2.6.8 Assign, Sublet or Transfer Any Rights/Interests
Neither the owner nor the Contractor shall assign, sublet, or transfer any rights or interest in this
Agreement without the prior written consent of the other party. Unless specifically stated to the contrary,
in writing, prior to an assignment, no assignment will release or discharge the assignor from any duty or
responsibility under this Agreement. Nothing herein shall be construed to give any rights or benefits to
anyone other than the owner and the Contractor.
2.6.9 Insurance and Indemnification
If it becomes necessary for the contractor, either as principal or by agent or employee, to enter upon the
premises or property of the owner in order to construct, erect, inspect, make delivery or remove property
hereunder, the contractor hereby covenants and agrees to take use, provide and make all proper,
necessary and sufficient precautions, safeguards, and protection against the occurrence of happenings of
any accident, injuries, damages, or hurt to person or property during the course of the work herein
covered and be his/her sole responsibility.
RFP – Professional Services 2023 – Borough of Middlesex
6
The contractor shall maintain sufficient insurance to protect against all claims under Workers
Compensation, General Liability and Automobile and shall be subject to approval for adequacy of
protection and certificates of such insurance shall be provided.
Indemnification
The contractor agrees to indemnify and save harmless the owner, its officers, agents and employees,
hereinafter referred to as indemnitees, from all suits, including attorney’s fees and costs of litigation,
actions, loss damage, expense, cost of claims, of any character or on account of any act, claim or amount
arising or recovered under Worker’s Compensation law, or arising out of failure of the Contractor or
those acting under Contractor to conform to any statutes, ordinances, regulations, law or court decree. It
is the intent of the parties to this contract that the indemnities shall, in all instances, except for loss or
damage resulting from the sole negligence of the indemnitee, be indemnified against all liability, loss or
damage of any nature whatsoever.
Insurance Requirements:
Worker’s Compensation and Employer’s Liability Insurance
This insurance shall be maintained in full force during the life of this contract by the contractor covering
all employees engaged in performance of this contract pursuant to N.J.S.A. 34:15-12(a) and N.J.A.C.
12:235-1.6. Minimum Employer’s Liability $1,000,000.00.
General Liability Insurance
This insurance shall have limits of not less than $3,000,000.00 any one person and $3,000,000.00 any
one accident for bodily injury and $3,000,000.00 aggregate for property damage and shall be maintained
in force during the life of the contract.
Automobile Liability Insurance
This insurance covering contractor for claims arising from owned, hired and non-owned vehicles with
limits of not less than $3,000,000.00 any one person and $3,000,000.00 any one accident for bodily
injury and $3,000,000.00 each accident for property damage, shall be maintained in force during the life
of this contract by the contractor.
Professional Liability/Malpractice Insurance Policy (if applicable)
Coverage in the amount of $2,000,000.00/occurrence, $4,000,000.00 aggregate and assurance that each
such policy for each staff member remains full and in effect while providing services for owner.
The contractor shall provide the owner with a Certificate of Insurance naming the Borough of Middlesex
as additionally insured, evidencing the existence of required insurance prior to the commission of work.
Said insurance must include coverage for complete operations, contractual insurance and independent
contractor or subcontractor insurance, where and if applicable.
Errors and Omissions Insurance
A.
The contractor shall purchase and maintain during the entire period of this contract, errors
and omissions insurance that shall protect the contractor and the Borough from any and all
claims that may arise out of or result from the contractor’s performance of this contract.
Specifically, the errors and omissions insurance shall have limits of not less than
$2,000,000.00 dollars per occurrence and $4,000,000.00 dollars in the aggregate.
B.
Certificates of the Required Insurance
RFP – Professional Services 2023 – Borough of Middlesex
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Certificates as listed above shall be submitted along with the contract as evidence covering
Errors and Omissions insurance. Such coverage shall be with acceptable insurance
companies operating on an admitted basis in the State of New Jersey.
The contractor shall provide the Borough with a Certificate of Insurance naming the
Middlesex Borough, its employees, officers, and agents as additionally insured, and
evidencing the existence of required insurance prior to the commission of work.
Middlesex Borough will not accept Mutual Limitation of Liability terms.
2.6.10 Health Insurance Portability and Accountability Act of 1996 - HIPAA (If Applicable)
Both parties agree to comply with all requirements of the Federal Health Insurance Portability and
Accountability Act of 1996 (“HIPAA”) as maybe amended from time to time, and the corresponding
HIPAA regulations for the confidentiality and security of medical information.
The Contractor shall:
• Not use or disclose protected health information other than as permitted or required by law
• Use appropriate safeguards to protect the confidentiality of the information
• Report any use or disclosure not permitted
The contractor, by execution of the contract, shall thereby indemnify and hold the owner harmless from
any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the
failure of the contractor to comply with the requirements of the Health Insurance Portability and
Accountability Act (HIPAA) or any other statute or case law protecting the privacy of persons using its
services.
2.6.11 Proof of Licensure
Proof of licensure for providing Services in the State of New Jersey, for either the firm or the person
responsible for the work, shall be provided as required.
2.6.12 Disclosure of Investment Activities in Iran – P.L. 2012, c. 25
P.L. 2012, c.25 prohibits State and local public contracts with persons or entities engaging in certain
investment activities in energy or finance sectors of Iran.
2.7 Public Emergency
In the event of a Public Emergency declared at the Local, State or Federal Level, if the owner opts to
extend terms and conditions of this RFP, the contractor agrees to extend the terms and conditions of this
RFP, whether existing, expiring or expired no longer than six months, for goods and/or services for the
duration of the emergency. In the event the original contractor cannot meet this requirement, the owner
may solicit the goods and/or services from any bidder on this contract.
2.8 Multiple Proposals Not Accepted
More than one proposal from an individual, a firm or partnership, a corporation or association under the
same or different names shall not be considered.
2.9 Failure to Enter Contract
Should the respondent, to whom the contract is awarded, fail to enter into a contract within ten (10)
days, Sundays and holidays excepted, the owner may then, at its option, accept the proposal of another
respondent.
RFP – Professional Services 2023 – Borough of Middlesex
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2.10 Commencement of Work
The contractor agrees to commence work after the date of award by the owner and upon notice from the
using department.
2.11 Time of Completion
It is hereby understood and mutually agreed, by and between the respondent and the owner, that the date
on which the work shall be substantially complete as specified in the RFP is an essential condition of
this contract. It is further mutually understood and agreed that the work and contract time embraced in
this Contract shall commence on the date specified and that the resulting contract shall be completed in
sequence and time frames identified by the owner.
The respondent agrees that said services shall be processed regularly, diligently, and uninterruptedly at
such rate of progress as will ensure full completion thereof within the time specified. It is expressly
understood and agreed, by and between the respondent and the owner, that the time of completion of the
services described herein is a reasonable time for the completion of it.
2.12 Termination of Contract
If, through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations under
the Contract or if the contractor violates any requirements of the Contract, the owner shall thereupon
have the right to terminate the Contract by giving written notice to the contractor of such termination at
least thirty (30) days prior to the proposed effective date of the termination. Such termination shall
relieve the owner of any obligation for the balances to the contractor of any sum or sums set forth in the
Contract.
The contractor agrees to indemnify and hold the owner 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 owner under this provision.
In case of default by the contractor, the owner may procure the articles or services from other sources
and hold the contractor responsible for any excess cost occasioned thereby.
2.13 Non-Allocation of Funding Termination
Each fiscal year payment obligation of the Owner is conditioned upon the availability of Owner funds
appropriated or allocated for the payment of such an obligation. If funds are not allocated and available
for the continuance of any services performed by the Contractor hereunder, whether in whole or in part,
the Owner at the end of any particular fiscal year may terminate such services. The Owner will notify
the Contractor in writing immediately of any services that will be affected by a shortage of appropriated
funds. This provision shall not be construed so as to permit the Owner to terminate this Agreement
during the term, or any service hereunder, merely in order to acquire identical services from a third-party
contractor.
2.14 Force Majeure
Neither party shall be responsible for any resulting loss or obligation to fulfill duties as specified in any
of the terms or provisions of this Agreement if the fulfillment of any term or provision of this
Agreement is delayed or prevented by any revolutions, insurrections, riots, wars, acts of enemies,
national emergencies, strikes, floods, fires, acts of God, or by any cause not within the control of the
party whose performance is interfered with which by the exercise of reasonable diligence such party is
unable to prevent. Additionally, if the fulfillment of any of the terms and provisions of this Agreement
is delayed or prevented by any court order, or action or injunction or other such agreement, this
Agreement shall become voidable by the Borough of Middlesex by notice to each party.
RFP – Professional Services 2023 – Borough of Middlesex
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2.15 The Owner and the Contractor each bind themselves and their successors, executors,
administrators, heirs and assigns and legal representatives of the other party respecting all covenants and
agreements and obligations of this contract.
2.16 The terms of this contract shall be construed and interpreted, and all respective rights and duties of
the parties shall be governed by the laws of the State of New Jersey.
2.17 Challenge of Specifications
Any respondent who wishes to challenge a specification shall file such challenge in writing with the
Purchasing Agent no less than three (3) business days prior to the opening of the RFP's.
Challenges filed after that time shall be considered void and having no impact on the owner or the award
of contract.
2.18 Payment
Invoices shall be submitted monthly and must specify, in detail, the period for which payment is
claimed, the services performed during the prescribed period, the amount claimed and correlation
between the services claimed, all backup documentation (mileage, time logs, receipts for expenses, etc.),
amount remaining in total balance, and the Proposal Cost Form.
The Borough of Middlesex will provide a sample Progress Report and Invoice for the Hired Consultant
to ensure compliance.
The owner may withhold all or partial payments on account of subsequently discovered evidence
including but not limited to the following:
1. Deliverables not complying with the project specification;
2. Claims filed or responsible evidence indicating probability of filing claims;
3. A reasonable doubt that the Contract can be completed for the balance then unpaid.
When the above grounds are removed, payment shall be made for amounts withheld because of them.
Invoices shall specify, in detail, the period for which payment is claimed, the services performed during
the prescribed period, the amount claimed and correlation between the services claimed and the Proposal
Cost Form.
2.19 Non-payment of Penalties and Interest on Overdue Bills
Public funds may be used to pay only for goods delivered or services rendered. The Borough of
Middlesex will not pay penalties and/or interest on overdue bills. No employee is authorized to sign a
letter of credit or any other document that represents a legal commitment on the part of the Borough to
pay additional fees.
2.20 Ownership of Material
The owner shall retain all of its rights and interest in any and all documents and property both hard copy
and digital furnished by the owner to the contractor for the purpose of assisting the contractor in the
performance of this contract. All such items shall be returned immediately to the owner at the expiration
or termination of the contract or completion of any related services, pursuant thereto, whichever comes
first. None of the documents and/or property shall, without the written consent of the owner, be
disclosed to others or used by the contractor or permitted by the contractor to be used by their parties at
any time except in the performance of the resulting contract.
RFP – Professional Services 2023 – Borough of Middlesex 10
Ownership of all data, materials and documentation originated and prepared for the owner pursuant to
this contract shall belong exclusively to the owner. All data, reports, computerized information,
programs and materials related to this project shall be delivered to and become the property of the owner
upon completion of the project. The contractor shall not have the right to use, sell, or disclose the total of
the interim or final work products, or make available to third parties, without the prior written consent of
the owner.
Under state and federal statutes, certain government records are protected from public disclosure. The
Borough, the Contractor and any Subcontractors have a responsibility and an obligation to safeguard
from public access an employee's personal information with which it has been entrusted when disclosure
thereof would violate the employee's reasonable expectation of privacy. All payroll, personnel and
health insurance related files are confidential. Additionally, the Contractor and any Subcontractors may
be privy to sensitive law enforcement information or investigations during their review which must
remain confidential. The Borough reserves the right to make any public disclosure under the law. Also,
among government records deemed confidential are administrative or technical information regarding
computer hardware, software and networks that, if disclosed, would jeopardize computer security. The
Contractor and any Subcontractor(s) are prohibited from the sale or distribution of all supplied
information to any third party.
2.21 Source of Specifications/RFP Packages
Official Request for Proposal (RFP) packages for routine goods and services are available from
www.middesexboro-nj.gov at no cost to the prospective respondents. All addenda are posted on this
site. Potential respondents are cautioned that they are responding at their own risk if a third party
supplied the specifications that may or may not be complete. The Borough is not responsible for third
party supplied RFP documents.
2.22 Altering Official Document
Respondents shall not write in any margins or alter the official content of Borough’s RFP document.
2.23 RFP Preparation of Forms
RFPs must be signed in ink by the respondent; all quotations shall be made with a typewriter/computer
or pen and ink. Any quotation showing any erasure alteration must be initialed by the respondent in ink.
Unit prices and totals are to be inserted in spaces provided.
2.24 W-9
Successful bidder/respondent shall complete W-9 Form and submit to Finance prior to contract award.
The form is available at the following link: www.irs.gov/pub/irs-pdf/fw9.pdf
3. SCOPE OF WORK (SOW)
The following is a description of the professional services needed, including where appropriate, a
description of tasks involved:
1.
DESCRIPTION OF SERVICES
The Middlesex Board of Health, hereby requests proposals from New Jersey attorneys or law
firms who are licensed and certified by the State of New Jersey to provide the services described
and proposed herein.
The Borough reserves the right to award a single contract or multiple contracts for the
provision of these services.
RFP – Professional Services 2023 – Borough of Middlesex 11
General Information:
This shall contract shall commence on June 1, 2023, and shall be subject to budgetary appropriations by
the Middlesex Borough Board of Health as required by law.
The Board and the contractor shall have the right to terminate this contract upon thirty (30) calendar
days written notice, return receipt requested, to the other party.
The contractor shall purchase and maintain during the entire period of this contract, professional liability
insurance which shall protect the contractor and the Board from any and all claims that may arise out of
or result from the contractor’s performance of this contract. A Certificate of Insurance in the amount of
one million ($1,000,000.00) dollars per occurrence/annual aggregate shall be provided to the Board prior
to contract award.
The contractor shall indemnify and save harmless the Board and its officers, officials, agents, servants
and employees against and from any and all claims, suits and cost of every kind, type or description,
including attorney’s fees and defense costs, and from any and all damages and liability to which the
Board or its officers, officials, agents, servants or employees may be subjected by reason of injury to
the person or property of others resulting from or in any way arising out of the performance or lack of
performance of this Agreement by the contractor or by any of the contractors agents, servants,
employees and/or subcontractors.
The contractor and their personnel involved in the performance of this contract shall comply with all
appropriate provisions of applicable law and this contract. This contract and all of its provisions shall be
construed under the laws of the State of New Jersey.
The contractor and their personnel shall be independent contractors and not employees, servants or
agents of the Board of Health.
The Board may terminate this agreement without prior notice where the Board has cause for doing so.
“Cause” shall include but not be limited to act(s) or failure(s) to act by the contractor which is clearly
immoral, unethical or negligent or not in compliance with the terms and conditions of this agreement.
Additional Information:
Prices shall be based on hourly rates, (hourly rate not to exceed $2,500 per year), and schedules of fees
submitted herein. Prices shall be firm for the entire contract period. Any services not included as part of
any resulting contract scope of services must be approved and authorized by the Borough before such
work is initiated. The Middlesex Board of Health shall pay for such approved services at the rate or cost
agreed to by the Board and the contractor, provided the respondent has submitted a schedule of fees for
additional services with their proposal submission.
This contract is subject to budgetary appropriations by the Middlesex Board of Health as required by
law.
The Middlesex Board of Health and the contractor shall have the right to terminate this contract upon
thirty (30) days written notice, return receipt requested, to the other party.
The contractor shall purchase and maintain during the entire period of this contract, professional liability
insurance which shall protect the contractor and the Borough from any and all claims that may arise out
RFP – Professional Services 2023 – Borough of Middlesex 12
of or result from the contractor’s performance of this contract. A Certificate of Insurance in the amount
of one million ($1,000,000.00) dollars per occurrence/one million ($1,000,000.00) annual aggregate
shall be provided to the Borough prior to contract award. The Certificate shall also include the provision
that the Middlesex Board of Health be provided thirty (30) days prior written notice of any changes,
modifications or cancellation of such coverage.
The contractor shall indemnify and save harmless the Middlesex Borough of Health and its officers,
officials, agents, servants and employees against and from any and all claims, suits and cost of every
kind, type or description, including attorney’s fees and defense costs, and from any and all damages and
liability to which the Board of Health or its officers, officials, agents, servants or employees may be
subjected by reason of injury to the person or property of others resulting from or in any way arising out
of the performance or lack of performance of this Agreement by the contractor or by any of the
contractors agents, servants, employees and/or subcontractors.
The contractor and their personnel involved in the performance of this contract shall comply with all
appropriate provisions of applicable law and this contract.
This contract and all of its provisions shall be construed under the laws of the State of New Jersey.
The contractor and their personnel shall be independent contractors and not employees, servants or
agents of the Board.
The Board may terminate this agreement without prior notice where the Board has cause for doing so.
“Cause” shall include but not be limited to act(s) or failure(s) to act by the contractor which is clearly
immoral, unethical or negligent or not in compliance with the terms and conditions of this agreement.
Respondent must have admission to the New Jersey Bar for a minimum of ten (10) years and shall
provide a copy of their current New Jersey Bar Card with their proposal submission.
Respondent must be a multi-disciplinary law practice in the field of general law for a minimum of ten
(10) years.
Respondent must be fully licensed and in good standing to practice law in the State of New Jersey.
Respondent must have a minimum of five (5) years current experience representing Governmental
entities in all matters of general law and/or public health matters and in litigation.
The Borough/Board of Health reserves the right to conduct in-person interviews at Borough Hall with
selected firms/individuals.
Firms/individuals selected for in-person interviews shall be prepared to discuss in detail all services they
propose to provide to the Board as part of this contract.
2. SERVICES
The Middlesex Board of Health hereby requests proposals from New Jersey attorneys or law firms
who are licensed and certified by the State of New Jersey to Serve as Legal Counsel for the
Middlesex
Borough
Board
of
Health.
The
attorney
shall
provide
the
following
services/responsibilities:
RFP – Professional Services 2023 – Borough of Middlesex 13
A. Attend meetings of the Board of Health upon request. There is currently a minimum of twelve
(12) meetings per year. The services outlined in Paragraphs A, B (below) and C (below) are
considered to be provided under this agreement.
B. Perform any and all duties as may be required for general operation of the Board. These duties
shall include preparation of resolutions, position papers, general correspondence, research,
review of legislation/regulations and preparation of other documents as may be required for
general operation of the Board.
C. Be available for telephone consultations with the Chairman of the Board, Secretary of the
Board, the Health Officer and/or any other agents/individuals designated by the Board.
D. The attorney shall also provide the following professional services for which they shall be
compensated on a mutually agreed upon hourly rate: 1) civil and criminal litigation on behalf
of the Board; 2) attendance at and appearances for the Board at administrative hearings; 3)
attendance at hearings and/or conferences with State or Federal agencies; 4) preparation of
contracts; and 5) preparation of lease and of other documents beyond the normal scope of the
general operation of the Board. These services shall not be performed without prior
authorization of the Board.
E. The attorney shall be reimbursed by the Board for out-of-pocket expenses such as filing fees,
recording fees, publication fees, court costs and other like expenses incurred by the attorney in
the course of representing the Board. These expenses shall be subject to prior approval of the
Board. These expenses shall be reimbursed on a one-to-one basis.
3. QUALIFICATIONS STATEMENT
Respondent shall indicate on the Proposal Cost Form whether they are willing to accept the
hourly rates as described herein. Respondents not willing to accept said rates shall list the hourly
rate they shall charge the Board on the Proposal Cost Form. The rates charged shall remain firm
for the entire term of this contract. Any services not included as part of any resulting contract
scope of services must be approved and authorized by the Board before any such work/services
is initiated. The Board shall pay for such approved work/services at the rate agreed upon in the
contract.
Respondent shall address their ability to provide the services and responsibilities stated herein.
Respondent shall submit licenses, certifications, resumes, etc., for themselves and for any of their
staff who may be providing services to the Board as part of this contract.
Respondent shall indicate if any of those licenses and/or certifications have ever been suspended
or revoked in New Jersey or any other State.
Respondent shall provide the name of the government agency, address, contact name and contact
telephone number of three (3) government agencies (preferably Borough government entities) in
the State of New Jersey similar in size to Middlesex Borough where they have provided the
services described and proposed herein.
Respondent shall describe their knowledge and experience, and that of their staff, if any, with
regard to providing the services described and proposed herein to the Middlesex Borough Board
of Health.
RFP – Professional Services 2023 – Borough of Middlesex 14
Respondent shall describe their knowledge and experience, and that of their staff, in providing
the services described and proposed herein to government entities in the State of New Jersey.
Respondent shall list any experience and/or knowledge with New Jersey Statutes and
Administrative Codes pertaining to Public Health to include but not limited to consumer
health, environmental health, and public health practice standards.
Respondent shall provide the location of their office(s) that would be serving the Board for this
contract.
Respondent shall describe the resources of their office, including details of support staff that
would be supporting this contract.
Respondent may describe any value-added services that may not have been addressed in this
Request for Proposals that they feel should be considered by the officials evaluating their
proposal submission.
4. AWARD
Award(s) will be made upon review and approval of the Middlesex Board of Health.
5. REJECTION OF PROPOSALS
The owner reserves the right to reject any or all proposals, or to reject any proposals if the
evidence submitted by, or investigation of such respondent fails to satisfy the owner that such
respondent is properly qualified to carry out the obligations of the RFP and to complete the work
contemplated therein. The owner reserves the right to waive any minor informality in the RFP.
6. ALLOWABLE/NON-ALLOWABLE COSTS
a. Allowable:
• Photocopying will be reimbursed at $.10 per page.
• Postage will be reimbursed at actual cost.
• If billing for mileage you may not bill for driving time.
b. Non-Allowable:
• Overhead, e.g. secretary’s time, intra-office communications, in-house computer
time other than outside research, telephone and faxing.
7.
LITIGATION MANAGEMENT PLAN (if applicable)
The successful awardees will be provided with the Borough’s Litigation Management Plan
which shall be part of the contract with the Board. The Litigation Management Plan for
Employment Practices Litigation (EPL) may, in certain instances, need to comply with the
litigation management requirements of the insurance carrier providing coverage to the Board. A
copy of those requirements will be provided to the attorneys who are awarded EPL work. Other
litigation, apart from EPL, should comport to the Borough’s standard Litigation Management
Plan as may be amended or updated from time to time.
RFP – Professional Services 2023 – Borough of Middlesex 15
These are the default provisions that will govern in the absence of Middlesex Borough insurance
coverage related exception or policy.
RFP – Professional Services 2023 – Borough of Middlesex 16
BOROUGH OF MIDDLESEX
EXCEPTIONS
For each exception, the bidder must identify the specific section of specifications by providing the number and
title the exception applies to. It is the responsibility of the bidder to document the equivalence claim in
writing. Submitting product brochures is not an acceptable claim of equivalence.
(IF NONE SO STATE)
USE ADDITIONAL SHEET IF NECESSARY
RFP – Professional Services 2023 – Borough of Middlesex 17
4.
Proposal Requirements
4.1 Qualification Statement
A statement is to be provided by the respondent who will serve as the primary contractor. The statement
shall set forth brief details of the firm's principal activities, the number of personnel in the firm and the
firm's location. Please provide a list of (3) three clients for whom similar services have been provided.
Include the following in your response:
1. Name of government agency.
2. Contact person’s name, position, and current telephone number.
3. Dates, cost and scope of service.
4. Status and comments
4.2 Key Personnel Information
The respondent shall provide the identity and the professional credentials of the principals and other key
personnel either working for the contractor and their areas of responsibilities.
4.3 Subcontractors
Respondents may engage the services of subcontractors for completion of this project. If their proposal
involves any subcontractors, full details on the nature of the work to be performed by them and the
location in which the work is to be performed must be provided. The respondent understands that if
selected, the owner prior to initiating any subcontracted work, must approve the use of subcontractors in
writing.
4.4 Proposal Forms
The following forms are contained in the attachments. All forms are required and shall be completed
and made part of the proposal submitted.
1. Proposal Cost/Signature Form
2. Qualifications Submission Form
3. Non-Collusion Affidavit
4. Stockholder Disclosure
5. Insurance Requirement Acknowledgement Form
6. Affirmative Action Statement
7. Professional Service Entity Information Form
8. Acknowledgement of Receipt of Addenda
9. List of Contribution
10. Certification of Prohibited Activities in Russia and Belarus & Investment Activities in Iran
4.5 Location of Servicing Office
The proposal must list the location and address of the present, active office that will service and manage
this contract.
5.
Evaluation, Review and Selection Process
5.1 Proposals to Remain Subject to Acceptance
RFP responses shall remain open for a period of sixty (60) calendar days from the stated submittal. The
owner will either award the Contract within the applicable time period or reject all proposals.
RFP – Professional Services 2023 – Borough of Middlesex 18
The owner may extend the decision to award or reject all proposals beyond the sixty (60) calendar days
when the proposals of any respondents who consent thereto may, at the request of the owner, be held for
consideration for such longer period as may be agreed.
5.2 Rejection of Proposals
The owner reserves the right to reject any or all proposals, or to reject any proposals if the evidence
submitted by, or investigation of such respondent fails to satisfy the owner that such respondent is
properly qualified to carry out the obligations of the RFP and to complete the work contemplated
therein. The owner reserves the right to waive any minor informality or reject any/or all submissions in
accordance with the Fair & Open Public Solicitation Process for professional services(s) pursuant to P.L.
2004, c.19 (N.J.S.A. 19:44A-20.4 et seq.) in the RFP.
5.3 Evaluation Process
An evaluation team will review all proposals to determine if they satisfy the Proposal Requirements,
determine if a proposal should be rejected and evaluate the proposals based upon the Evaluation Criteria.
The highest-ranking respondent will then be recommended to the governing body for award of contract,
based on most advantageous price and other factors. The Borough reserves the right to reach out to the
respondents to get clarification on Proposals on specific items if necessary, during the deliberation
process.
Evaluation Team – RFP respondents are prohibited from contacting any member of the evaluation team
directly without a formal invitation. If it is found that a respondent has attempted to discuss their
proposal with a team member without an invite, then their proposal may be deemed unresponsive. All
questions during the evaluation period shall be directed to the Purchasing Agent.
5.4 Evaluation Criteria
The criteria considered in the evaluation of each proposal follows. The arrangement of the criteria is not
meant to imply order of importance in the selection process. All criteria will be used to select the
successful respondent.
This will be based on the quality of the content of the RFP and the respondent's ability to communicate a
thorough understanding of the required tasks and the approach to meet the scope of work outlined in the
RFP. The proposals will be evaluated for general compliance with instructions and requests issued in
the RFP. Non-compliance with significant instructions will be grounds for disqualification of proposals.
5.4.1 Understanding of the Requested Work
The proposals will be evaluated for general compliance with instructions and requests issued in the RFP.
Non-compliance with significant instructions shall be grounds for disqualification of proposals.
5.4.2 Knowledge and Technical Competence
This includes the ability of the respondent to perform all of the tasks and fulfill adequately the stated
requirements.
5.4.3 Management, Experience and Personnel Qualifications
Expertise of the firm shall be demonstrated by past contract successes providing government agencies
with similar services. The respondent will be evaluated on knowledge, experience, prior collaboration
and successful completion of projects/services similar to that requested in this RFP.
In addition to relevant experience, respondents shall provide personnel qualifications in the Proposal.
(See 4.1 and 4.2).
RFP – Professional Services 2023 – Borough of Middlesex 19
5.4.4 Ability to Complete the Project/Services in a Timely Manner
This is based on the estimated duration of the tasks and the respondent’s ability to accomplish these
tasks as stated.
5.4.5 Cost
Price shall be based on amount stated on the proposal cost form. Total overall costs to complete the
project, the cost of maintenance, training, etc., or price shall be based on hourly rates and schedules of
fees submitted with the proposal. Any services not included as part of any resulting contract scope of
services must be approved and authorized by the owner before such work is initiated. The owner shall
pay for such approved services, at the rate or cost agreed upon between the owner and contractor,
provided the respondent has provided a schedule of fees for additional services with this RFP.
5.5 Term of the contract
The term of this contract is June 1, 2023 – December 31, 2023.
5.6 Notice of Award
The successful respondent will be notified of the award of contract upon a favorable decision by the
governing body.
6.
List All Contributions
List all contributions, including in-kind contributions you or your firm/company (including all
equitable owners/members thereof) have made to any campaign or candidate for any public
office in Middlesex Borough or Middlesex County in 2021-2022. Include amount(s) of such
contribution(s) and the candidate(s) or committees to whom such amounts were given.
RFP – Professional Services 2023 – Borough of Middlesex 20
BOROUGH OF MIDDLESEX
CHECKLIST
PROFESSIONAL SERVICE TITLE: _________________________________________________
Please fill in the appropriate title in the space above.
SUBMISSION DATE: Wednesday, May 3, 2023 at 11:00 AM
The following items, as indicated below (X), shall be provided with the receipt of sealed submissions:
1. Non-Collusion Affidavit …………………………….……………………………… ___X____
2. Stockholder Disclosure Certification ……………………………………….…………. ___X____
3. Insurance Requirement Acknowledgement Form …………..……….……………… ___X____
4. Mandatory Equal Employment Opportunity Notice Acknowledgement ………………___X____
5. Copy of your Business Registration Certificate as issued by the State of
New Jersey, Department of Treasury, Division of Revenue ...……………………….. ___X____
6. Professional Service Entity Information Form ……………………….………………. ___X____
7. Qualifications Submission Form…….………………………………………….……… ___X____
8. List of Contribution(s)………………..………………………….……………………… ___X____
9. Certification of Prohibited Activities in Russia and Belarus & Investment Activities in Iran___X____
10. Acknowledgement of Corrections, Additions or Deletions Form …………………. ___X____
11. Proposal Cost/Signature Form ………………………………..………………………..___X____
Reminder
Please submit one (1) original and one (1) additional set of the sealed submission.
Each submission shall be contained in a sealed envelope addressed to: Purchasing Agent,
Borough of Middlesex, 1200 Mountain Ave., Middlesex, NJ 08846 or in the preprinted
envelope supplied with the submission package when available and said envelope shall
specify the Appointment Title/Professional Service for which the submission is provided.
The submission is to be clearly marked “Sealed Submission Enclosed” – Board of Health
Attorney and must be delivered at the place and time required or mailed so as to be received
prior to the opening time set in the advertisement.
Submissions received after the hour herein named or in unsealed envelopes shall not be
considered.
RFP – Professional Services 2023 – Borough of Middlesex 21
BOROUGH OF MIDDLESEX
BID PROPOSAL FORM/SIGNATURE PAGE
TO THE BOROUGH OF MIDDLESEX:
The undersigned declares that he/she has read the Notice, Instructions, Affidavits and Scope of
Services attached, that he/she has determined the conditions affecting the bid and agrees, if this
bid is accepted, to furnish and deliver services per the following:
PROFESSIONAL SERVICES
FEE SCHEDULE SUBMITTED Yes No
(Corporation)
The undersigned is a (Partnership) under the laws of the State of __________________________ having its
(Individual)
Principal office at
Company
Federal I.D. # or Social Security #
Address
Signature of Authorized Agent
Type or Print Name
Title of Authorized Agent
Date
Telephone Number
Email Address
Fax Number
RFP – Professional Services 2023 – Borough of Middlesex 22
LIST ALL CONTRIBUTION(S)
2021-2022
List all contributions, including in-kind contributions you or your firm/company (including all
equitable owners/members thereof) have made to any campaign or candidate for any public office
in Middlesex Borough or Middlesex County in 2021-2022. Include amount(s) of such contribution(s)
and the candidate(s) or committees to whom such amounts were given.
Name of Campaign or Candidate
Amount of Contribution
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
By signing below, you acknowledge that you or your firm/company (including all equitable
owners/members thereof), have not made any contributions to any campaign or candidate for any
public office in Middlesex Borough or Middlesex County in 2021-2022.
COMPANY: ______________________________ PRINT NAME: ____________________________
SIGNATURE: ___________________________ TITLE: __________________________________
DATE: __________________
RFP – Professional Services 2023 – Borough of Middlesex 23
BOROUGH OF MIDDLESEX
QUALIFICATIONS SUBMISSION FORM
1.
Names and roles of the individuals who will perform the services and description of
their education and experience with projects similar to the services contained herein
including their education, degrees and certifications:
2.
References and record of success of same or similar service:
3.
Description of ability to provide the services in a timely fashion (including staffing,
familiarity and location of key staff):
RFP – Professional Services 2023 – Borough of Middlesex 24
4. Cost details, including the hourly rates of each of the individuals who will perform
services, including their title, level of expertise and years of experience, and all expenses:
Firm __________________________________________ Date: _________________________
Authorized Representative (Print):
___________________________________________________
Signature: ________________________ Title:________________________________________
Telephone #: _____________________ Fax #: ______________________________________
RFP – Professional Services 2023 – Borough of Middlesex 25
BOROUGH OF MIDDLESEX
PROFESSIONAL SERVICE ENTITY INFORMATION FORM
If the Professional Service Entity is an INDIVIDUAL, sign name and give the following information:
Name:______________________________________________________________________________________________
Address:_____________________________________________________________________________________________
Telephone No.: ____________________Social Security No.: ___________________________________________________
Fax No.: _______________________ E-Mail: _____________________________________________________________
If individual has a TRADE NAME, give such trade name:
Trading As: _________________________________ Telephone No.: ___________________________________________
****************************************************************************************************
If the Professional Service Entity is a PARTNERSHIP, give the following information:
Name of
Partners:_____________________________________________________________________________________________
Firm
Name:_______________________________________________________________________________________________
Address:_____________________________________________________________________________________________
Telephone No.: ____________________________ Federal I.D. No.: _____________________________________________
Fax No.: ______________________ E-Mail: _______________________________________________________________
Social Security No.: ___________________________________________________________________________________
Signature of authorized agent: ____________________________________________________________________________
****************************************************************************************************
If the Professional Service Entity is INCORPORATED, give the following information:
State under whose laws incorporated: _____________________________________________________________________
Location of principal office: _____________________________________________________________________________
Telephone No.: ____________________ Federal I.D. No.: ____________________________________________________
Fax No.: _______________________ E-Mail:_______________________________________________________________
Name of agent in charge of said office upon whom notice may be legally served:
____________________________________________________________________________________________________
Telephone No.: ___________________Name of Corporation: __________________________________________________
Signature: By: __________________________________________________________
Title: Address: ______________________________________________________________
RFP – Professional Services 2023 – Borough of Middlesex 26
BOROUGH OF MIDDLESEX
OWNERSHIP STATEMENT - STOCKHOLDER DISCLOSURE FORM
LEGAL NAME OF BIDDER: ___________________________________________________________
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
Other, Please List __________________________________
List the names and addresses of all stockholders who own ten (10%) percent or more of the above company’s stock, and if
there are NO STOCKHOLDERS OF 10% OR MORE, simply check the second box below. If one or more such
stockholders or partner is itself a corporation or partnership, the stockholders holding 10% or more of that corporation's
stock, or the individual partners owning 10% of that corporation's stock, or the individual partners owning 10% or greater
interest in that partnership, as the case may be, must also be listed.
The disclosure shall be continued until names and addresses of every person who is a non-corporate
stockholder, or individual partner, exceeding the 10% ownership criteria established in this act, has been
listed, in full compliance with Chapter 33 of the New Jersey Public Laws of 1977.
BIDDERS/RESPONDENTS MUST CHECK THE APPROPRIATE BOX:
I certify that the list below contains the names and addresses of all stockholders holding 10% or more of the issued
and outstanding stock of the undersigned.
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned.
Publicly Traded - For publicly traded entities to comply with N.J.S.A. 52:25-24.2 they may submit the name and address
of each publicly traded entity, and the name and address of each person holding 10% or more beneficial interest in the
publicly traded entity as of the last annual filling with the Security Exchange Commission (SEC), or foreign equivalent.
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing, or foreign equivalent:
____________________________________________________________________________________________
The requested information is available on the following page number(s) of the SEC, or foreign equivalent, filing:
____________________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
(Note: Attach additional pages if necessary)
________________________________________________________________
______________
(Respondent/Respondent Authorized Signature)
(Date)
___________________________________________
______________________________________
(Print name of authorized signatory)
(Title)
RFP – Professional Services 2023 – Borough of Middlesex 27
BOROUGH OF MIDDLESEX
NON-COLLUSION AFFIDAVIT
State of _____________
County of _____________
ss:
I, _____________________________ of the City of _______________________________
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 bidder making this Proposal for the above named project, and that I executed the said proposal
with full authority so to do; that said bidder has not, directly or indirectly entered into any
agreement, participated in any collusion, or otherwise taken any action in restraint of free,
competitive bidding in connection with the above named project; and that all statements contained
in said proposal and in this affidavit are true and correct, and made with full knowledge that the
Borough of Middlesex 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_________________________________.
(Name of Contractor)
(N.J.S.A. 52:34-15)
Subscribed and sworn to
Before me this _______day
Of ___________, _______.
Signature
(Type or print name of affiant under signature)
_______________________________________
Notary public of
My Commission expires ___________________.
RFP – Professional Services 2023 – Borough of Middlesex 28
BOROUGH OF MIDDLESEX
INSURANCE REQUIREMENTS AND ACKNOWLEDGEMENT FORM
Certificate(s) of Insurance shall be filed with the Borough Clerk’s Office upon award of
contract by the Mayor and Borough Council.
The minimum amount of insurance to be carried by the Professional Service Entity shall
be as follows:
PROFESSIONAL LIABILITY INSURANCE
Limits shall be a minimum of $1,000,000.00 for each claim and $2,000,000.00
aggregate each policy period.
Acknowledgement of Insurance Requirement:
________________________________________________________________
(Signature)
(Date)
________________________________________________________________
(Printed Name and Title)
RFP – Professional Services 2023 – Borough of Middlesex 29
EXHIBIT A
EEO/AFFIRMATIVE ACTION COMPLIANCE NOTICE
N.J.S.A. 10:5-31 and N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance
to the Borough and Division of Public Contracts Equal Employment Opportunity Compliance. During
a review, Division representatives will review the Borough files to determine whether the
affirmative action evidence has been submitted by the vendor/contractor. Specifically, each
vendor/contractor shall submit to the Borough, prior to execution of the contract, one of the
following documents:
Goods and General Service Vendors
1. Letter of Federal Approval indicating that the vendor is under an existing federally approved or
sanctioned affirmative action program. A copy of the approval letter is to be provided by the
vendor to the Borough and the Division. This approval letter is valid for one year from the date
of issuance.
Do you have a federally approved or sanctioned EEO/AA program?
Yes
No
If yes, please submit a photo static copy of such approval.
2. A Certificate of Employee Information Report (hereafter “Certificate”), issued in accordance with
N.J.A.C. 17:27-1.1 et seq. The vendor must provide a copy of the Certificate to the Borough as
evidence of its compliance with the regulations. The Certificate represents the review and
approval of the vendor’s Employee Information Report, Form AA-302 by the Division. The
period of validity of the Certificate is indicated on its face. Certificates must be renewed prior to
their expiration date in order to remain valid.
Do you have a State Certificate of Employee Information Report Approval?
Yes
No
If yes, please submit a photo static copy of such approval.
3. The successful vendor shall complete an Initial Employee Report, Form AA-302 and submit it to
the Division with $150.00 Fee and forward a copy of the Form to the Borough. Upon submission
and review by the Division, this report shall constitute evidence of compliance with the
regulations. Prior to execution of the contract, the EEO/AA evidence must be submitted.
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on
the Division website www.state.nj.us/treasury/contract_compliance.
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal
Employment Opportunity Compliance, with a copy to Public Agency.
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 and N.J.A.C. 17:27 and agrees to furnish the required forms of
evidence.
The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27.
COMPANY: ______________________________ SIGNATURE: ____________________________
PRINT NAME: ___________________________ TITLE: __________________________________
DATE: __________________
RFP – Professional Services 2023 – Borough of Middlesex 30
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 Borough employment goals
established in accordance with N.J.A.C. l7:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited
to, employment agencies, placement bureaus, colleges, universities, 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 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 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 www.state.nj.us/treasury/contract_compliance).
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.
RFP – Professional Services 2023 – Borough of Middlesex 31
SAMPLE CERTIFICATE OF EMPLOYEE INFORMATION REPORT
RFP – Professional Services 2023 – Borough of Middlesex 32
BOROUGH OF MIDDLESEX
AMERICANS WITH DISABILITIES ACT OF 1990
Equal Opportunity for Individuals with Disability
The Contractor and the Owner, do hereby agree that the provisions of Title 11 of the Americans
With Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 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 owner
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 owner in any action or administrative proceeding commenced pursuant
to this Act. The contractor shall indemnify, protect, and save harmless the 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 owner’s
grievance procedure, the contractor agrees to abide by any decision of the owner which is rendered
pursuant to said grievance procedure. If any action or administrative proceeding results in an
award of damages against the owner, or if the 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 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 owner or any of its agents, servants, and
employees, the owner shall expeditiously forward or have forwarded to the contractor every
demand, complaint, notice, summons, pleading, or other process received by the owner or its
representatives.
It is expressly agreed and understood that any approval by the 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 owner pursuant to this
paragraph.
It is further agreed and understood that the 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 owner from taking any other actions available to it
under any other provisions of the Agreement or otherwise at law.
RFP – Professional Services 2023 – Borough of Middlesex 33
BOROUGH OF MIDDLESEX
THESE ARE SAMPLES OF THE ONLY ACCEPTABLE
BUSINESS REGISTRATION CERTIFICATES
PREFER SUBMITTED WITH BID RESPONSE
REQUIRED BY LAW PRIOR TO AWARD OF CONTRACT
RFP – Professional Services 2023 – Borough of Middlesex 34
Borough of Middlesex
CERTIFICATION OF PROHIBITED ACTIVITIES IN RUSSIA AND BELARUS &
INVESTMENT ACTIVITIES IN IRAN PURSUANT TO P.L.2022, c.3
BID/RFP/Solicitation Number:
Bidder/Offeror:
Part 1: Certification
COMPLETE PART 1 BY CHECKING ONE OF THE THREE BOXES BELOW
Pursuant to law, any person or entity that is a successful bidder or proposer, or otherwise proposes to enter into or renew a
contract, for goods or services must complete the certification below prior to contract award to attest, under penalty of
perjury, that neither the person or entity, nor any parent entity, subsidiary, or affiliate, is identified on the Department of
Treasury's Russia-Belarus list or Chapter 25 list as a person or entity engaging in prohibited activities in Russia, Belarus or
Iran. Before a contract for goods or services can be amended or extended, a person or entity must certify that neither the
person or entity, nor any parent entity, subsidiary, or affiliate, is identified on the Department of Treasury's Russia-Belarus
list. Both lists are found on Treasury’s website at the following web addresses:
https://www.nj.gov/treasury/administration/pdf/RussiaBelarusEntityList.pdf
www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf.
As applicable to the type of contract, the above-referenced lists must be reviewed prior to completing the below
certification.
A person or entity unable to make the certification must provide a detailed, accurate, and precise description of the
activities of the person or entity, or of a parent entity, subsidiary, or affiliate, engaging in prohibited activities in Russia or
Belarus and/or investment activities in Iran. The person or entity must cease engaging in any prohibited activities and
provide an updated certification before the contract can be entered into.
If a vendor or contractor is found to be in violation of law, action may be taken as appropriate and as may be provided by
law, rule, or contract, including but not limited to imposing sanctions, seeking compliance, recovering damages, declaring
the party in default, and seeking debarment or suspension of the party.
CONTRACT AWARDS AND RENEWALS
I certify, pursuant to law, that neither the person or entity listed above, nor any parent entity, subsidiary, or
affiliate appears on the N.J. Department of Treasury’s lists of entities engaged in prohibited activities in Russia or
Belarus pursuant to P.L. 2022, c. 3 or in investment activities in Iran pursuant to P.L. 2012, c. 25 ("Chapter 25
List"). I further certify that I am the person listed above, or I am an officer or representative of the entity listed
above and am authorized to make this certification on its behalf. (Skip Part 2 and sign and complete the
Certification below.)
CONTRACT AMENDMENTS AND EXTENSIONS
I certify, pursuant to law, that neither the person or entity listed above, nor any parent entity, subsidiary, or
affiliate is listed on the N.J. Department of the Treasury’s lists of entities determined to be engaged in prohibited
activities in Russia or Belarus pursuant to P.L. 2022, c. 3. I further certify that I am the person listed above, or I
am an officer or representative of the entity listed above and am authorized to make this certification on its
behalf. (Skip Part 2 and sign and complete the Certification below.)
IF UNABLE TO CERTIFY
I am unable to certify as above because the person or entity and/or a parent entity, subsidiary, or affiliate is
listed on the Department's Russia-Belarus list and/or Chapter 25 Iran list. I will provide a detailed, accurate, and
precise description of the activities as directed in Part 2 below, and sign and complete the Certification below.
Failure to provide such will prevent the award of the contract to the person or entity, and appropriate penalties,
fines, and/or sanctions will be assessed as provided by law.
RFP – Professional Services 2023 – Borough of Middlesex 35
Part 2: Additional Information
PLEASE PROVIDE FURTHER INFORMATION RELATED TO PROHIBITED ACTIVITIES IN RUSSIA OR BELARUS AND/OR
INVESTMENT ACTIVITIES IN IRAN.
You must provide a detailed, accurate, and precise description of the activities of the person or entity, or of a parent entity,
subsidiary, or affiliate, engaging in prohibited activities in Russia or Belarus and/or investment activities in Iran in the space
below and, if needed, on additional sheets provided by you.
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
Part 3: Certification of True and Complete Information
I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any attachments
there, to the best of my knowledge, are true and complete. I attest that I am authorized to execute this certification on
behalf of the above-referenced person or entity.
I acknowledge that the Borough of Middlesex is relying on the information contained herein and hereby
acknowledge that I am under a continuing obligation from the date of this certification through the completion of any
contracts with the Borough of Middlesex to notify the Borough of Middlesex in writing of any changes to the answers of
information contained herein.
I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this
certification. If I do so, I recognize that I am subject to criminal prosecution under the law and that it will also constitute a
material breach of my agreement(s) with the Borough of Middlesex and that the at its option may declare any contract(s)
resulting from this certification void and unenforceable.
Signature of Vendor’s Authorized Representative
Date
Print Name and Title of Vendor’s Authorized Representative
Vendor Name
Vendor Phone Number
Vendor Address (Street Address)
Vendor Fax Number
Vendor Address (City/State/Zip Code)
Vendor Email Address for Authorized Representative
1 Engaged in prohibited activities in Russia or Belarus” means (1) companies in which the Government of Russia or Belarus has any direct
equity share; (2) having any business operations commencing after the effective date of this act that involve contracts with or the provision of
goods or services to the Government of Russia or Belarus; (3) being headquartered in Russia or having its principal place of business in
Russia or Belarus, or (4) supporting, assisting, or facilitating the Government of Russia or Belarus in their campaigns to invade the sovereign
country of Ukraine, either through in-kind support or for profit.
RFP – Professional Services 2023 – Borough of Middlesex 36
BOROUGH OF MIDDLESEX
ACKNOWLEDGMENT OF RECEIPT OF ADDENDA
The undersigned Bidder hereby acknowledges receipt of the following Addenda:
ADDENDUM
NUMBER
DATE
ACKNOWLEDGE RECEIPT
(Initial)
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
No Addenda were received:
Acknowledged for:
(Name of Bidder)
By:
(Signature of Authorized Representative)
Name:
(Print or Type)
Title:
Date:
RFP – Professional Services 2023 – Borough of Middlesex 37
EXHIBIT A
EVALUATION SHEET
BOROUGH OF
MIDDLESEX
EVALUATORS NAME
Write NA if
category
COMPANY NAME
does not apply.
Understanding the Requested Work
10 Points
Category
0 Points
1 - 2 Points
3 - 4 Points
Points Given
Demonstrates clear
Does not demonstrate clear
Proposal points are
Proposal is clear, readable
understanding
understanding
adequately defined
and precise
0 Points
1 - 2 Points
3 Points
Completeness and
Does not address major
Proposal absent some non-
Proposal complete and
responsiveness to RFP
requirements
critical points
responsive
Compliance with
Does not comply
Complies substantially
Complies with all
instructions and requests
instructions and requests
Knowledge and Professional Compliance
25 Points
Category
0 - 2 Points
3 - 4 Points
5 - 6 Points
Points Given
Education and training of
Minimal training, no formal
Some prior experience, some
High level of education and
employees, suitability to
education, new performer
training and documented
training, well proven
perform the required tasks
performance
performance
0 Points
1 - 2 Points
3 - 7 Points
Does respondent have the
Not adequately documented
Proposal uses some current
Well documented use of the
character, integrity,
technology
latest technologies
reputation, judgment,
experience & efficiency
required by the Professional
0 Points
1 - 2 Points
3 - 4 Points
QA/QC Process
Not adequately documented
QA/QC documented, but
QA/QC documented with
with little oversight
significant oversight
0 Points
1 - 3 Points
4 - 8 Points
Primary Professional vs.
More than one Sub-
Only one Sub-Professional
Primary Professional will do
subcontracted resources
Professional
providing 50% of resources
entire project
depending on nature of sub
to be used
and percentage of project
Ability to Perform Services in a Timely Manner
15 Points
Category
0 Points
1 - 2 Points
3 - 4 Points
Points Given
Scheduling Timeline
Cannot meet schedule
Meets most of schedule
Meets entire schedule
0 - 1 Points
2 - 3 Points
4 - 6 Points
Personnel & Resources
May not be sufficient
Sufficient for project
Dedicated resources
0 - 2 Points
3 - 4 Points
5 Points
Primary Professional
Primary Professional has not
Primary Professional has
No Sub-Professional or a
relationship Sub-
worked with Sub-
limited experience with Sub-
proven record with Sub-
Professionals
Professional
Professional
Professional
RFP – Professional Services 2023 – Borough of Middlesex 38
Management, Experience and Personnel Qualifications
25 Points
Category
0 Points
1 - 2 Points
3 Points
Points Given
Project Management Plan
Not demonstrated as sound
Plan is average
Plan is sound and detailed
Project Management Team
Does not meet qualifications
Qualified but little
Well qualified and has
experience working together
collaborated on similar projects
0 Points
1 -2 Points
3 - 5 Points
Record of reliability and
Not documented
Some documentation
Track record of high quality
quality of service
0 - 1 Points
2 - 4 Points
5 - 7 Points
Scope of Work Experience
Few related projects
Some similar projects
Numerous similar projects
Experience in performing
Limited experience
Good experience
Exceptional experience
similar work by employees
Management, Experience and Personnel Qualifications
25 Points
Category
0 Points
2 Points
3 Points
Points Given
Explanation of costs
Costs not explained
Some correlation provided
Well documented
0 - 4 Points
5 - 10 Points
11 - 15 Points
Cost comparison
Highest third in salary
dollars
Middle third in salary dollars
Lowest third in salary dollars
0 - 1 Points
2 - 3 Points
4 - 6 Points
Other costs, copies, travel, etc
Travel and copy cost in
Copy cost equal to OPRA
costs
None
excess of OPRA
0 Points
1 - 2 Points
3 Points
Additional Services
No needed additional
Possible additional services
Needed additional services
services identified
identified, costs not included
identified and included
TOTAL POINTS AWARDED
--- Document: NOTICE TO BIDDERS - Middlesex PD RTU Replacement ---
REV 12/2022
1
NOTICE TO BIDDERS
BID
Sealed bids will be received by the Purchasing Agent for the Borough of Middlesex on
Wednesday, January 18, 2023 at 11:00am prevailing time at the Borough of
Middlesex, 1200 Mountain Avenue, Middlesex, NJ 08846 at which time and place bids will
be opened and read in public for:
BID - Middlesex Borough Police Department Building RTU Replacement
Bid responses must be made on the standard proposal forms, be enclosed in a sealed
package bearing the name and address of the bidder and the “BID - MIDDLESEX
BOROUGH POLICE DEPARTMENT BUILDING RTU REPLACEMENT” on the outside,
addressed to Carmen Modica, Purchasing Agent, at the address above.
Hard copies of the bidding documents for use in preparing bids may be obtained from
QuestCDN. Bid Documents can be downloaded electronically for a non-refundable fee of
$15.00 by going to the www.questcdn.com Project Search Page and looking up QuestCDN
Project
Number
8356953.
You
can
contact
QuestCDN
at
1-952-233-1632
or
info@questcdn.com for assistance with membership registration, downloading and
working with digital documents. For questions regarding the bid documents or for project
information, please contact Pete Pereira at (732) 584-0458 or ppereira@psands.com.
Pre-bid Walk-thru will be held on Wednesday, January 4, 2023 at 9:00am at 1101
Mountain Avenue, Middlesex, NJ 08846.
Any Bid Addenda will be issued on the Borough website, and processed in accordance with
N.J.S.A. 40A:11-23(c)(1). All interested bidders should check the website from now
through bid opening. It is the sole responsibility of the respondent to be knowledgeable
of all addenda related to this procurement.
Bidders shall comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17-27 et seq.
Carmen Modica
Purchasing Agent
Borough of Middlesex
1200 Mountain Avenue
Middlesex, New Jersey 08846
Carmen Modica
Purchasing Agent
PHONE: (732) 356-7400 ext. 237
FAX: (732) 356-7954
--- Document: RFP - PROFESSIONAL SERVICES for Risk Management, Environmental Engineer and C-4 Operator 2023 ---
RFP – Professional Services 2023 – Borough of Middlesex
1
RFP – 2022-002
PUBLIC NOTICE UNDER A FAIR AND OPEN PROCESS FOR THE SOLICITATION OF
QUALIFICATIONS AND RATES FOR VARIOUS PROFESSIONALS
FOR APPOINTMENT JANUARY 1, 2023 THROUGH DECEMBER 31, 2023
AND SPECIAL PROJECTS ON A PROJECT BY PROJECT BASIS
NOTICE IS HEREBY GIVEN that sealed submissions will be received by the Purchasing
Agent or designated representative, for Middlesex Borough, on Wednesday, January 11, 2023 at 11:00
am prevailing time, in the Municipal Building, 1200 Mountain Avenue, Middlesex, New Jersey 08846,
then publicly opened for the following positions:
• Engineering Services – Environmental
• Risk Management Consultant
• C-4 OPERATOR
All professional service contractors are required to comply with 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). The submission
package is printable from the website www.middlesexboro-nj.gov or may be obtained at the Clerk’s
Office, Municipal Building,1200 Mountain Avenue, Middlesex, New Jersey 08846 during regular
business hours (9:00 a.m. – 4:00 p.m. Monday-Friday). If submitting for more than one (1)
professional service, you must submit separate proposals for EACH service.
The Borough reserves the right to reject any or all submissions due to any defects or waive informalities
and accept any submissions that in their judgment will be in the best interest of the Borough. Questions
concerning this notice may be directed to Joe Costa, Borough Administrator, jrcosta@middlesexboro-
nj.gov.
Date Advertised: Tuesday, December 27, 2022
Carmen Modica
Purchasing Agent
Borough of Middlesex
1200 Mountain Avenue
Middlesex, New Jersey 08846
RFP – Professional Services 2023 – Borough of Middlesex
2
BOROUGH OF MIDDLESEX
GENERAL INSTRUCTIONS
1. Introduction
The Borough of Middlesex, Middlesex County, State of New Jersey (hereinafter called the “OWNER”)
invites submissions for the service(s) mentioned in the Public Notice for Professional Services
Qualifications and Rates for 2023.
This contract is to furnish and deliver various professional services for the Borough of Middlesex
through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et. seq.
2. Administrative Conditions and Requirements
The following items express the conditions and requirements of this RFP. Together with the other RFP
sections, they apply to the RFP process, the subsequent contract, and project production. Any proposed
change, modification, or exception to these conditions and requirements may be the basis for the owner
to determine the proposal as non-responsive to the RFP and will be a factor in the determination of an
award of a contract. The contents of the proposal of the successful respondent, as accepted by the owner,
will become part of any contract awarded as a result of this RFP.
2.1 Proposal Submission Information
Submission Date and Time: Wednesday, January 11, 2023 at 11:00am
One (1) Original signed in ink & one (1) copy of the RFP response.
Submission Office:
Purchasing Agent, Clerk’s Office
1200 Mountain Avenue
Middlesex, NJ 08846
Each submission must be provided on a Standardized Submission Form as supplied in the submission
package and signed by the professional services entity or principal thereof. All prices and amounts must
be written in ink or preferably typewritten. Each signatory to the submission must initial all erasures or
corrections. If submitting for more than one (1) professional service, you must submit separate
proposals for EACH service.
Each submission shall be contained in a sealed envelope addressed to: Purchasing Agent, Borough of
Middlesex, 1200 Mountain Ave., Middlesex, NJ 08846, and said envelope shall specify the appointment
Title/Professional Service for which the submission is provided. The submission is to be clearly marked
(indicating the category of the professional service) – “Sealed Submission Enclosed” (e.g. Borough
Auditor – sealed submission enclosed) and must be delivered at the place and time required or mailed so
as to be received prior to the opening time set in the advertisement. Submissions received after the hour
herein named or in unsealed envelopes shall not be considered. The original proposal shall be signed in
ink and marked to distinguish it from the one (1) copy. Faxed or emailed proposals will NOT be
accepted.
The 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.
Responses delivered before the submission date and time specified above may be withdrawn upon
written application of the respondent who shall be required to produce evidence showing that the
individual is or represents the principal or principals involved in the proposal. After the submission date
and time specified above, responses must remain firm for a period of sixty (60) days.
RFP – Professional Services 2023 – Borough of Middlesex
3
The submission shall be accompanied by: (1) Non-Collusion Affidavit, (2) Disclosure of Ownership
Form, (3) Insurance Requirement Acknowledgement Form, (4) Mandatory Equal Employment
Opportunity Notice Acknowledgement, (5) Copy of the applicable Business Registration Certificate, (6)
Professional Services Entity Information Form, (7) Qualifications Submission, (8) List of Contribution,
(9) Disclosure of Investment Activities in Iran and (10) Acknowledgement of Corrections, Additions or
Deletions Form.
2.2 Borough Representative for this Solicitation
Questions by prospective respondents concerning this RFP may be addressed to Joe Costa in writing via
email jrcosta@middlesexboro-nj.gov. Please note the aforementioned contact is authorized only to
direct the attention of prospective respondents to various portions of the requirements so that they may
read and interpret each portion for themselves. NO employee of the Borough of Middlesex is
authorized to give interpretations of any portion of this RFP or to give information as to the
requirements for the RFP in addition to that already contained in the RFP unless as a formal addenda.
Interpretations of the RFP or additional information as to its requirements, when necessary, shall be
communicated to prospective respondents only by written addendum issued by the Purchasing Agent of
the Borough of Middlesex.
Please identify the contract name and note Request for Information as the subject line when submitting
a request by fax or email.
2.3 Interpretations and Addenda
Respondents are expected to examine the RFP with care and observe all its requirements. All questions
about the meaning or intent of this RFP, all interpretations and clarifications considered necessary by the
owner’s representative in response to such comments and questions will be issued by Addenda mailed or
delivered to all parties recorded as having received the RFP package. Only comments and questions
responded to by formal written Addenda will be binding. Oral interpretations, statements or
clarifications are without legal effect.
2.4 Quantities of Estimate
Wherever the estimated quantities of work to be done are shown in any section of this RFP, including
the Proposal Cost Form, they are given for use in comparing proposals. The owner especially reserves
the right (except as herein otherwise specifically limited) to increase or diminish the quantities as may
be deemed reasonably necessary or desirable by the owner to complete the work detailed by the
contract. Such increase or diminution shall in no way violate this contract, nor shall any such increase or
diminution give cause for claims or liability for damages.
2.5 Cost Liability and Additional Costs
The owner assumes no responsibility and liability for costs incurred by the respondents prior to the
issuance of an agreement. The liability of the owner shall be limited to the terms and conditions of the
contract.
Respondents will assume responsibility for all costs not stated in their proposals. All unit rates either
stated in the proposal or used as a basis for its pricing are required to be all-inclusive. Additional
charges, unless incurred for additional work performed by request of the owner as noted in 2.4, are not
to be billed and will not be paid.
2.6 Statutory and Other Requirements
RFP – Professional Services 2023 – Borough of Middlesex
4
2.6.1 Compliance with Laws
Any contract entered into between the contractor and the owner must be in accordance with and subject
to compliance by both parties with the New Jersey Local Public Contracts Law. The contractor must
agree to comply with the non-discrimination provisions and all other laws and regulations applicable to
the performance of services there under. The respondent shall sign and acknowledge such forms and
certificates as may be required by this section.
2.6.2 Mandatory EEO/Affirmative Action Compliance - N.J.S.A 10:5-31 et seq. and N.J.A.C 17:27
et seq.
No firm shall be issued a contract unless it complies with the EEO/Affirmative Action requirements of
P. L. 1975, C. 127 as identified in the documents attached hereto. The form shall be properly executed.
2.6.3 Americans with Disabilities Act of 1990 - 42 U.S.C. S121 01 et seq.
Discrimination on the basis of disability in contracting for the delivery of services is prohibited.
Respondents are required to read American with Disabilities language that is part of the documents
attached hereto and agree that the provisions of Title II of the Act are made part of the contract. The
contractor is obligated to comply with the Act and hold the owner harmless.
2.6.4 Statement of Corporate Ownership-Stockholder Disclosure - N.J.S.A. 52:25-24.2 (P.L. 1977
c.33)
In accordance with N.J.S.A. 52:25-24.2, no corporation, partnership, limited partnership, limited liability
corporation, limited liability partnership, Subchapter S corporation or sole proprietorship, shall be
awarded a contract, unless prior to the receipt of the RFP response/bid or accompanying the RFP
response/bid of the corporation, partnership, limited partnership, limited liability corporation, limited
liability partnership, Subchapter S corporation or sole proprietorship, there is submitted to the Borough a
statement setting forth the names and addresses of all stockholders who own 10% or more of the stock,
of any class or of all individual partners who own a 10% or greater interest in the corporation,
partnership, limited partnership, limited liability corporation, limited liability partnership, Subchapter S
corporation or sole proprietorship. If one or more such stockholder or partner is itself a corporation or
partnership, the stockholders holding 10% or more of that corporation’s stock, or the individual partners
owning 10% or greater interest in that partnership, as the case may be, shall also be listed. The
disclosure shall be continued until names and addresses of every non-corporate stockholder and
individual partner, exceeding the 10% ownership criteria established in this act has been listed. The form
shall be signed and submitted with the RFP proposal/bid whether or not a stockholder or partner owns
less than 10% of the business submitting the RFP proposal/bid. Failure to comply requires mandatory
rejection of the RFP proposal/bid. The Respondent shall complete and submit the form of statement that
is included in this RFP.
2.6.5 Non-Collusion Affidavit - N.J.S.A. 52:34-15
The Non-Collusion Affidavit, which is part of this RFP, shall be properly executed and submitted with
the RFP response.
2.6.6 Proof of N.J. Business Registration Certificate N.J.S.A. 52:32-44
Each bidder (contractor) is required to submit proof of business registration prior to award of the
contract. Proof of registration shall be a copy of the bidder’s Business Registration Certificate (BRC).
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 obtain and provide the owner the BRC of subcontractors knowingly
used on this contract.
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2. The contractor shall maintain and submit to the contracting agency a list of
subcontractors and their addresses that may be updated from time to time during the
course of the contract performance. A complete and accurate list shall be submitted
before final payment is made for goods and services rendered under the contract.
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 taxable sales of tangible personal
property delivered into the State.
Failure to submit the BRC with the proposal is NOT a cause for rejection. However, the Borough
prefers the BRC be submitted with the proposal. If it is not provided prior to execution of a contract the
bidder’s bid guarantee shall be forfeited and the contract shall be awarded to the next lowest responsible
bidder.
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 $25.00 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.
A BRC is obtained from the New Jersey Division of Revenue and Enterprise Services. Information on
obtaining a BRC is available on the internet at www.nj.gov/treasury/revenue/busregcert.shtml or by
phone at (609) 292-2929.
Emergency Purchases or Contracts
For purchases of an emergent nature, the contractor shall provide its Business Registration Certificate
within two weeks from the date of purchase or execution of the contract or prior to payment for goods or
services, whichever is earlier.
2.6.7 Pay to Play – Notice of Disclosure Requirement
Business entities are advised of their responsibility to file an annual disclosure statement of political
contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A.
19:44A-20.27 if they receive contracts in excess of $50,000 from public entities in a calendar year.
Business entities are responsible for determining if filing is necessary. Additional information on this
requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.
2.6.8 Assign, Sublet or Transfer Any Rights/Interests
Neither the owner nor the Contractor shall assign, sublet, or transfer any rights or interest in this
Agreement without the prior written consent of the other party. Unless specifically stated to the contrary,
in writing, prior to an assignment, no assignment will release or discharge the assignor from any duty or
responsibility under this Agreement. Nothing herein shall be construed to give any rights or benefits to
anyone other than the owner and the Contractor.
2.6.9 Insurance and Indemnification
If it becomes necessary for the contractor, either as principal or by agent or employee, to enter upon the
premises or property of the owner in order to construct, erect, inspect, make delivery or remove property
hereunder, the contractor hereby covenants and agrees to take use, provide and make all proper,
necessary and sufficient precautions, safeguards, and protection against the occurrence of happenings of
any accident, injuries, damages, or hurt to person or property during the course of the work herein
covered and be his/her sole responsibility.
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The contractor shall maintain sufficient insurance to protect against all claims under Workers
Compensation, General Liability and Automobile and shall be subject to approval for adequacy of
protection and certificates of such insurance shall be provided.
Indemnification
The contractor agrees to indemnify and save harmless the owner, its officers, agents and employees,
hereinafter referred to as indemnitees, from all suits, including attorney’s fees and costs of litigation,
actions, loss damage, expense, cost of claims, of any character or on account of any act, claim or amount
arising or recovered under Worker’s Compensation law, or arising out of failure of the Contractor or
those acting under Contractor to conform to any statutes, ordinances, regulations, law or court decree. It
is the intent of the parties to this contract that the indemnities shall, in all instances, except for loss or
damage resulting from the sole negligence of the indemnitee, be indemnified against all liability, loss or
damage of any nature whatsoever.
Insurance Requirements:
Worker’s Compensation and Employer’s Liability Insurance
This insurance shall be maintained in full force during the life of this contract by the contractor covering
all employees engaged in performance of this contract pursuant to N.J.S.A. 34:15-12(a) and N.J.A.C.
12:235-1.6. Minimum Employer’s Liability $1,000,000.00.
General Liability Insurance
This insurance shall have limits of not less than $3,000,000.00 any one person and $3,000,000.00 any
one accident for bodily injury and $3,000,000.00 aggregate for property damage and shall be maintained
in force during the life of the contract.
Automobile Liability Insurance
This insurance covering contractor for claims arising from owned, hired and non-owned vehicles with
limits of not less than $3,000,000.00 any one person and $3,000,000.00 any one accident for bodily
injury and $3,000,000.00 each accident for property damage, shall be maintained in force during the life
of this contract by the contractor.
Professional Liability/Malpractice Insurance Policy (if applicable)
Coverage in the amount of $2,000,000.00/occurrence, $4,000,000.00 aggregate and assurance that each
such policy for each staff member remains full and in effect while providing services for owner.
The contractor shall provide the owner with a Certificate of Insurance naming the Borough of Middlesex
as additionally insured, evidencing the existence of required insurance prior to the commission of work.
Said insurance must include coverage for complete operations, contractual insurance and independent
contractor or subcontractor insurance, where and if applicable.
Errors and Omissions Insurance
A.
The contractor shall purchase and maintain during the entire period of this contract, errors
and omissions insurance that shall protect the contractor and the Borough from any and all
claims that may arise out of or result from the contractor’s performance of this contract.
Specifically, the errors and omissions insurance shall have limits of not less than
$2,000,000.00 dollars per occurrence and $4,000,000.00 dollars in the aggregate.
B.
Certificates of the Required Insurance
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Certificates as listed above shall be submitted along with the contract as evidence covering
Errors and Omissions insurance. Such coverage shall be with acceptable insurance
companies operating on an admitted basis in the State of New Jersey.
The contractor shall provide the Borough with a Certificate of Insurance naming the
Middlesex Borough, its employees, officers, and agents as additionally insured, and
evidencing the existence of required insurance prior to the commission of work.
Middlesex Borough will not accept Mutual Limitation of Liability terms.
2.6.10 Health Insurance Portability and Accountability Act of 1996 - HIPAA (If Applicable)
Both parties agree to comply with all requirements of the Federal Health Insurance Portability and
Accountability Act of 1996 (“HIPAA”) as maybe amended from time to time, and the corresponding
HIPAA regulations for the confidentiality and security of medical information.
The Contractor shall:
• Not use or disclose protected health information other than as permitted or required by law
• Use appropriate safeguards to protect the confidentiality of the information
• Report any use or disclosure not permitted
The contractor, by execution of the contract, shall thereby indemnify and hold the owner harmless from
any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the
failure of the contractor to comply with the requirements of the Health Insurance Portability and
Accountability Act (HIPAA) or any other statute or case law protecting the privacy of persons using its
services.
2.6.11 Proof of Licensure
Proof of licensure for providing Services in the State of New Jersey, for either the firm or the person
responsible for the work, shall be provided as required.
2.6.12 Disclosure of Investment Activities in Iran – P.L. 2012, c. 25
P.L. 2012, c.25 prohibits State and local public contracts with persons or entities engaging in certain
investment activities in energy or finance sectors of Iran.
2.7 Public Emergency
In the event of a Public Emergency declared at the Local, State or Federal Level, if the owner opts to
extend terms and conditions of this RFP, the contractor agrees to extend the terms and conditions of this
RFP, whether existing, expiring or expired no longer than six months, for goods and/or services for the
duration of the emergency. In the event the original contractor cannot meet this requirement, the owner
may solicit the goods and/or services from any bidder on this contract.
2.8 Multiple Proposals Not Accepted
More than one proposal from an individual, a firm or partnership, a corporation or association under the
same or different names shall not be considered.
2.9 Failure to Enter Contract
Should the respondent, to whom the contract is awarded, fail to enter into a contract within ten (10)
days, Sundays and holidays excepted, the owner may then, at its option, accept the proposal of another
respondent.
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2.10 Commencement of Work
The contractor agrees to commence work after the date of award by the owner and upon notice from the
using department.
2.11 Time of Completion
It is hereby understood and mutually agreed, by and between the respondent and the owner, that the date
on which the work shall be substantially complete as specified in the RFP is an essential condition of
this contract. It is further mutually understood and agreed that the work and contract time embraced in
this Contract shall commence on the date specified and that the resulting contract shall be completed in
sequence and time frames identified by the owner.
The respondent agrees that said services shall be processed regularly, diligently, and uninterruptedly at
such rate of progress as will ensure full completion thereof within the time specified. It is expressly
understood and agreed, by and between the respondent and the owner, that the time of completion of the
services described herein is a reasonable time for the completion of it.
2.12 Termination of Contract
If, through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations under
the Contract or if the contractor violates any requirements of the Contract, the owner shall thereupon
have the right to terminate the Contract by giving written notice to the contractor of such termination at
least thirty (30) days prior to the proposed effective date of the termination. Such termination shall
relieve the owner of any obligation for the balances to the contractor of any sum or sums set forth in the
Contract.
The contractor agrees to indemnify and hold the owner 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 owner under this provision.
In case of default by the contractor, the owner may procure the articles or services from other sources
and hold the contractor responsible for any excess cost occasioned thereby.
2.13 Non-Allocation of Funding Termination
Each fiscal year payment obligation of the Owner is conditioned upon the availability of Owner funds
appropriated or allocated for the payment of such an obligation. If funds are not allocated and available
for the continuance of any services performed by the Contractor hereunder, whether in whole or in part,
the Owner at the end of any particular fiscal year may terminate such services. The Owner will notify
the Contractor in writing immediately of any services that will be affected by a shortage of appropriated
funds. This provision shall not be construed so as to permit the Owner to terminate this Agreement
during the term, or any service hereunder, merely in order to acquire identical services from a third-party
contractor.
2.14 Force Majeure
Neither party shall be responsible for any resulting loss or obligation to fulfill duties as specified in any
of the terms or provisions of this Agreement if the fulfillment of any term or provision of this
Agreement is delayed or prevented by any revolutions, insurrections, riots, wars, acts of enemies,
national emergencies, strikes, floods, fires, acts of God, or by any cause not within the control of the
party whose performance is interfered with which by the exercise of reasonable diligence such party is
unable to prevent. Additionally, if the fulfillment of any of the terms and provisions of this Agreement
is delayed or prevented by any court order, or action or injunction or other such agreement, this
Agreement shall become voidable by the Borough of Middlesex by notice to each party.
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2.15 The Owner and the Contractor each bind themselves and their successors, executors,
administrators, heirs and assigns and legal representatives of the other party respecting all covenants and
agreements and obligations of this contract.
2.16 The terms of this contract shall be construed and interpreted, and all respective rights and duties of
the parties shall be governed by the laws of the State of New Jersey.
2.17 Challenge of Specifications
Any respondent who wishes to challenge a specification shall file such challenge in writing with the
Purchasing Agent no less than three (3) business days prior to the opening of the RFP's.
Challenges filed after that time shall be considered void and having no impact on the owner or the award
of contract.
2.18 Payment
Invoices shall be submitted monthly and must specify, in detail, the period for which payment is
claimed, the services performed during the prescribed period, the amount claimed and correlation
between the services claimed, all backup documentation (mileage, time logs, receipts for expenses, etc.),
amount remaining in total balance, and the Proposal Cost Form.
The Borough of Middlesex will provide a sample Progress Report and Invoice for the Hired Consultant
to ensure compliance.
The owner may withhold all or partial payments on account of subsequently discovered evidence
including but not limited to the following:
1. Deliverables not complying with the project specification;
2. Claims filed or responsible evidence indicating probability of filing claims;
3. A reasonable doubt that the Contract can be completed for the balance then unpaid.
When the above grounds are removed, payment shall be made for amounts withheld because of them.
Invoices shall specify, in detail, the period for which payment is claimed, the services performed during
the prescribed period, the amount claimed and correlation between the services claimed and the Proposal
Cost Form.
2.19 Non-payment of Penalties and Interest on Overdue Bills
Public funds may be used to pay only for goods delivered or services rendered. The Borough of
Middlesex will not pay penalties and/or interest on overdue bills. No employee is authorized to sign a
letter of credit or any other document that represents a legal commitment on the part of the Borough to
pay additional fees.
2.20 Ownership of Material
The owner shall retain all of its rights and interest in any and all documents and property both hard copy
and digital furnished by the owner to the contractor for the purpose of assisting the contractor in the
performance of this contract. All such items shall be returned immediately to the owner at the expiration
or termination of the contract or completion of any related services, pursuant thereto, whichever comes
first. None of the documents and/or property shall, without the written consent of the owner, be
disclosed to others or used by the contractor or permitted by the contractor to be used by their parties at
any time except in the performance of the resulting contract.
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Ownership of all data, materials and documentation originated and prepared for the owner pursuant to
this contract shall belong exclusively to the owner. All data, reports, computerized information,
programs and materials related to this project shall be delivered to and become the property of the owner
upon completion of the project. The contractor shall not have the right to use, sell, or disclose the total of
the interim or final work products, or make available to third parties, without the prior written consent of
the owner.
Under state and federal statutes, certain government records are protected from public disclosure. The
Borough, the Contractor and any Subcontractors have a responsibility and an obligation to safeguard
from public access an employee's personal information with which it has been entrusted when disclosure
thereof would violate the employee's reasonable expectation of privacy. All payroll, personnel and
health insurance related files are confidential. Additionally, the Contractor and any Subcontractors may
be privy to sensitive law enforcement information or investigations during their review which must
remain confidential. The Borough reserves the right to make any public disclosure under the law. Also,
among government records deemed confidential are administrative or technical information regarding
computer hardware, software and networks that, if disclosed, would jeopardize computer security. The
Contractor and any Subcontractor(s) are prohibited from the sale or distribution of all supplied
information to any third party.
2.21 Source of Specifications/RFP Packages
Official Request for Proposal (RFP) packages for routine goods and services are available from
www.middesexboro-nj.gov at no cost to the prospective respondents. All addenda are posted on this
site. Potential respondents are cautioned that they are responding at their own risk if a third party
supplied the specifications that may or may not be complete. The Borough is not responsible for third
party supplied RFP documents.
2.22 Altering Official Document
Respondents shall not write in any margins or alter the official content of Borough’s RFP document.
2.23 RFP Preparation of Forms
RFPs must be signed in ink by the respondent; all quotations shall be made with a typewriter/computer
or pen and ink. Any quotation showing any erasure alteration must be initialed by the respondent in ink.
Unit prices and totals are to be inserted in spaces provided.
2.24 W-9
Successful bidder/respondent shall complete W-9 Form and submit to Finance prior to contract award.
The form is available at the following link: www.irs.gov/pub/irs-pdf/fw9.pdf
3. SCOPE OF WORK (SOW)
The following is a description of the professional services needed, including where appropriate, a
description of tasks involved:
ENGINEERING SERVICES - ENVIRONMENTAL for the Borough of Middlesex. The minimum
threshold criteria that will be utilized for the evaluation of responses shall be as follows:
1) Licensed to provide environmental engineering services in the State of New Jersey for a
minimum of five (5) years
2) Evidence of professional liability insurance
RFP – Professional Services 2023 – Borough of Middlesex 11
3) Experience with environmental site assessment regulations of the New Jersey Department of
Environmental Protection and the United States Environmental Protection Agency including site
remediation and brownfield development
4) Experience with remediation procedures dealing with underground storage tanks and
surrounding facilities
5) Experience with all phases of landfill monitoring, including preparation and submission of all
documents as required by the State of New Jersey Department of Environmental Protection
6) Representation of government entities for a minimum of five (5) years; and
7) Knowledge of the Borough and its operations
RISK MANAGEMENT CONSULTANT - The Borough requires a Risk Management Consultant. The
minimum threshold criteria that will be utilized for the evaluation of the responses shall be as follows:
1) Assisting the Borough in identifying its insurable property and casualty exposures and
recommend professional methods to reduce, assume or transfer risk or loss
2) Reviewing with the Borough any additional coverages that should be carried but are not
available from the Middlesex County Joint Insurance Fund (FUND); and, subject to the
Borough’s authorization, place such coverages outside the FUND
3) Reviewing existing insurance coverage levels and advise whether or not those coverage levels
are appropriate
4) Reviewing Certificates of Insurance from contractors, vendors and professionals when requested
by the Borough
5) Marketing the Borough’s insurance needs with the current FUND, other Joint Insurance Funds,
private insurance companies or other venues to obtain the best possible coverage for the lowest
possible cost
6) Assisting where needed in the settlement of claims. The consultant would not be responsible for
work normally done by a public adjuster
7) Attending any meetings that the Borough deems necessary
8) Reviewing the Borough’s assessment as prepared by the FUND and assist the Borough in the
preparation of its annual insurance budget
9) Following up with the FUND for timely issuance of Policies and Endorsement and reviewing
same for accuracy and conformity to specifications
10) Assisting the Borough in the preparation of applications, statements of values, and similar
documents requested by the FUND
11) Reviewing the loss and engineering reports and generally assist the Borough’s Safety
Committee in its loss containment objectives. Attend and participate on the Safety Committee to
promote the safety objectives and goals of the Borough and FUND; and
12) Performing any other risk management related services required by the Borough or FUND’s
bylaws.
SEWAGE COLLECTION SYSTEM OPERATOR – C-4 OPERATOR - The Borough requires
services of a Licensed Sewage Collection System Operator for the sewage collection services in the
Borough. The minimum threshold criteria that will be utilized for the evaluation of the responses shall
be as follows:
1) Licensed as a professional C-4 License Operator by the State of New Jersey for a minimum of
five (5) years
2) Evidence of professional liability insurance
3) Representation of governmental entities in the field of sewage collection, with particular
emphasis on municipal authorities, for a minimum of five (5) years
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4) Knowledge of the Borough and its operations
5) Experience with NJDEP interaction with regards to municipal systems
6) Experience with requirements and submittal of reports submitted to the MCUA on the systems
operations; and
7) Experience reviewing the data on sewage quality and quantity, and the quarterly charges from
the MCUA and qualified to propose recommended improvements to the collection system and
pumping station to improve operations and reduce infiltration and inflow.
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BOROUGH OF MIDDLESEX
EXCEPTIONS
For each exception, the bidder must identify the specific section of specifications by providing the number and
title the exception applies to. It is the responsibility of the bidder to document the equivalence claim in
writing. Submitting product brochures is not an acceptable claim of equivalence.
(IF NONE SO STATE)
USE ADDITIONAL SHEET IF NECESSARY
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4.
Proposal Requirements
4.1 Qualification Statement
A statement is to be provided by the respondent who will serve as the primary contractor. The statement
shall set forth brief details of the firm's principal activities, the number of personnel in the firm and the
firm's location. Please provide a list of (3) three clients for whom similar services have been provided.
Include the following in your response:
1. Name of government agency.
2. Contact person’s name, position, and current telephone number.
3. Dates, cost and scope of service.
4. Status and comments
4.2 Key Personnel Information
The respondent shall provide the identity and the professional credentials of the principals and other key
personnel either working for the contractor and their areas of responsibilities.
4.3 Subcontractors
Respondents may engage the services of subcontractors for completion of this project. If their proposal
involves any subcontractors, full details on the nature of the work to be performed by them and the
location in which the work is to be performed must be provided. The respondent understands that if
selected, the owner prior to initiating any subcontracted work, must approve the use of subcontractors in
writing.
4.4 Proposal Forms
The following forms are contained in the attachments. All forms are required and shall be completed
and made part of the proposal submitted.
1. Proposal Cost/Signature Form
2. Qualifications Submission Form
3. Non-Collusion Affidavit
4. Stockholder Disclosure
5. Insurance Requirement Acknowledgement Form
6. Affirmative Action Statement
7. Professional Service Entity Information Form
8. Acknowledgement of Receipt of Addenda
9. List of Contribution
10. Disclosure of Investment Activities in Iran
4.5 Location of Servicing Office
The proposal must list the location and address of the present, active office that will service and manage
this contract.
5.
Evaluation, Review and Selection Process
5.1 Proposals to Remain Subject to Acceptance
RFP responses shall remain open for a period of sixty (60) calendar days from the stated submittal. The
owner will either award the Contract within the applicable time period or reject all proposals.
The owner may extend the decision to award or reject all proposals beyond the sixty (60) calendar days
when the proposals of any respondents who consent thereto may, at the request of the owner, be held for
consideration for such longer period as may be agreed.
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5.2 Rejection of Proposals
The owner reserves the right to reject any or all proposals, or to reject any proposals if the evidence
submitted by, or investigation of such respondent fails to satisfy the owner that such respondent is
properly qualified to carry out the obligations of the RFP and to complete the work contemplated
therein. The owner reserves the right to waive any minor informality or reject any/or all submissions in
accordance with the Fair & Open Public Solicitation Process for professional services(s) pursuant to P.L.
2004, c.19 (N.J.S.A. 19:44A-20.4 et seq.) in the RFP.
5.3 Evaluation Process
An evaluation team will review all proposals to determine if they satisfy the Proposal Requirements,
determine if a proposal should be rejected and evaluate the proposals based upon the Evaluation Criteria.
The highest-ranking respondent will then be recommended to the governing body for award of contract,
based on most advantageous price and other factors. The Borough reserves the right to reach out to the
respondents to get clarification on Proposals on specific items if necessary, during the deliberation
process.
Evaluation Team – RFP respondents are prohibited from contacting any member of the evaluation team
directly without a formal invitation. If it is found that a respondent has attempted to discuss their
proposal with a team member without an invite, then their proposal may be deemed unresponsive. All
questions during the evaluation period shall be directed to the Purchasing Agent.
5.4 Evaluation Criteria
The criteria considered in the evaluation of each proposal follows. The arrangement of the criteria is not
meant to imply order of importance in the selection process. All criteria will be used to select the
successful respondent.
This will be based on the quality of the content of the RFP and the respondent's ability to communicate a
thorough understanding of the required tasks and the approach to meet the scope of work outlined in the
RFP. The proposals will be evaluated for general compliance with instructions and requests issued in
the RFP. Non-compliance with significant instructions will be grounds for disqualification of proposals.
5.4.1 Understanding of the Requested Work
The proposals will be evaluated for general compliance with instructions and requests issued in the RFP.
Non-compliance with significant instructions shall be grounds for disqualification of proposals.
5.4.2 Knowledge and Technical Competence
This includes the ability of the respondent to perform all of the tasks and fulfill adequately the stated
requirements.
5.4.3 Management, Experience and Personnel Qualifications
Expertise of the firm shall be demonstrated by past contract successes providing government agencies
with similar services. The respondent will be evaluated on knowledge, experience, prior collaboration
and successful completion of projects/services similar to that requested in this RFP.
In addition to relevant experience, respondents shall provide personnel qualifications in the Proposal.
(See 4.1 and 4.2).
5.4.4 Ability to Complete the Project/Services in a Timely Manner
This is based on the estimated duration of the tasks and the respondent’s ability to accomplish these
tasks as stated.
RFP – Professional Services 2023 – Borough of Middlesex 16
5.4.5 Cost
Price shall be based on amount stated on the proposal cost form. Total overall costs to complete the
project, the cost of maintenance, training, etc., or price shall be based on hourly rates and schedules of
fees submitted with the proposal. Any services not included as part of any resulting contract scope of
services must be approved and authorized by the owner before such work is initiated. The owner shall
pay for such approved services, at the rate or cost agreed upon between the owner and contractor,
provided the respondent has provided a schedule of fees for additional services with this RFP.
5.5 Term of the contract
The term of this contract is January 1, 2023 – December 31, 2023. (Options to extend may be exercised
by mutual agreement in accordance with terms of N.J.S.A. 40A:11-4.1 et seq.)
5.6 Notice of Award
The successful respondent will be notified of the award of contract upon a favorable decision by the
governing body.
6.
List All Contributions
List all contributions, including in-kind contributions you or your firm/company (including all
equitable owners/members thereof) have made to any campaign or candidate for any public
office in Middlesex Borough or Middlesex County in 2021-2022. Include amount(s) of such
contribution(s) and the candidate(s) or committees to whom such amounts were given.
RFP – Professional Services 2023 – Borough of Middlesex 17
BOROUGH OF MIDDLESEX
CHECKLIST
PROFESSIONAL SERVICE TITLE: _________________________________________________
Please fill in the appropriate title in the space above.
SUBMISSION DATE: Wednesday, January 11, 2023 at 11:00 AM
The following items, as indicated below (X), shall be provided with the receipt of sealed submissions:
1. Non-Collusion Affidavit …………………………….……………………………… ___X____
2. Stockholder Disclosure Certification ……………………………………….…………. ___X____
3. Insurance Requirement Acknowledgement Form …………..……….……………… ___X____
4. Mandatory Equal Employment Opportunity Notice Acknowledgement ………………___X____
5. Copy of your Business Registration Certificate as issued by the State of
New Jersey, Department of Treasury, Division of Revenue ...……………………….. ___X____
6. Professional Service Entity Information Form ……………………….………………. ___X____
7. Qualifications Submission Form…….………………………………………….……… ___X____
8. List of Contribution(s)………………..………………………….……………………… ___X____
9. Disclosure of Investment Activities in Iran………………………….…………………. ___X____
10. Acknowledgement of Corrections, Additions or Deletions Form …………………. ___X____
11. Proposal Cost/Signature Form ………………………………..………………………..___X____
Reminder
Please submit one (1) original and one (1) additional set of the sealed submission.
Each submission shall be contained in a sealed envelope addressed to: Purchasing Agent,
Borough of Middlesex, 1200 Mountain Ave., Middlesex, NJ 08846 or in the preprinted
envelope supplied with the submission package when available and said envelope shall
specify the Appointment Title/Professional Service for which the submission is provided.
The submission is to be clearly marked (indicating the category of the professional service) –
“Sealed Submission Enclosed” (e.g. Borough Auditor – sealed submission enclosed) and
must be delivered at the place and time required or mailed so as to be received prior to the
opening time set in the advertisement.
Submissions received after the hour herein named or in unsealed envelopes shall not be
considered.
RFP – Professional Services 2023 – Borough of Middlesex 18
BOROUGH OF MIDDLESEX
BID PROPOSAL FORM/SIGNATURE PAGE
TO THE BOROUGH OF MIDDLESEX:
The undersigned declares that he/she has read the Notice, Instructions, Affidavits and Scope of
Services attached, that he/she has determined the conditions affecting the bid and agrees, if this
bid is accepted, to furnish and deliver services per the following:
PROFESSIONAL SERVICES
FEE SCHEDULE SUBMITTED Yes No
(Corporation)
The undersigned is a (Partnership) under the laws of the State of __________________________ having its
(Individual)
Principal office at
Company
Federal I.D. # or Social Security #
Address
Signature of Authorized Agent
Type or Print Name
Title of Authorized Agent
Date
Telephone Number
Email Address
Fax Number
RFP – Professional Services 2023 – Borough of Middlesex 19
LIST ALL CONTRIBUTION(S)
2021-2022
List all contributions, including in-kind contributions you or your firm/company (including all
equitable owners/members thereof) have made to any campaign or candidate for any public office
in Middlesex Borough or Middlesex County in 2021-2022. Include amount(s) of such contribution(s)
and the candidate(s) or committees to whom such amounts were given.
Name of Campaign or Candidate
Amount of Contribution
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
By signing below you acknowledge that you or your firm/company (including all equitable
owners/members thereof), have not made any contributions to any campaign or candidate for any
public office in Middlesex Borough or Middlesex County in 2021-2022.
COMPANY: ______________________________ PRINT NAME: ____________________________
SIGNATURE:___________________________ TITLE: __________________________________
DATE: __________________
RFP – Professional Services 2023 – Borough of Middlesex 20
BOROUGH OF MIDDLESEX
QUALIFICATIONS SUBMISSION FORM
1.
Names and roles of the individuals who will perform the services and description of
their education and experience with projects similar to the services contained herein
including their education, degrees and certifications:
2.
References and record of success of same or similar service:
3.
Description of ability to provide the services in a timely fashion (including staffing,
familiarity and location of key staff):
RFP – Professional Services 2023 – Borough of Middlesex 21
4. Cost details, including the hourly rates of each of the individuals who will perform
services, including their title, level of expertise and years of experience, and all expenses:
Firm __________________________________________ Date: _________________________
Authorized Representative (Print):___________________________________________________
Signature: ________________________ Title:________________________________________
Telephone #: _____________________ Fax #: ______________________________________
RFP – Professional Services 2023 – Borough of Middlesex 22
BOROUGH OF MIDDLESEX
PROFESSIONAL SERVICE ENTITY INFORMATION FORM
If the Professional Service Entity is an INDIVIDUAL, sign name and give the following information:
Name:______________________________________________________________________________________________
Address:_____________________________________________________________________________________________
Telephone No.: ____________________Social Security No.:___________________________________________________
Fax No.: _______________________ E-Mail: _____________________________________________________________
If individual has a TRADE NAME, give such trade name:
Trading As: _________________________________ Telephone No.: ___________________________________________
****************************************************************************************************
If the Professional Service Entity is a PARTNERSHIP, give the following information:
Name of
Partners:_____________________________________________________________________________________________
Firm
Name:_______________________________________________________________________________________________
Address:_____________________________________________________________________________________________
Telephone No.: ____________________________ Federal I.D. No.:_____________________________________________
Fax No.: ______________________ E-Mail:_______________________________________________________________
Social Security No.:___________________________________________________________________________________
Signature of authorized agent:____________________________________________________________________________
****************************************************************************************************
If the Professional Service Entity is INCORPORATED, give the following information:
State under whose laws incorporated:_____________________________________________________________________
Location of principal office:_____________________________________________________________________________
Telephone No.: ____________________ Federal I.D. No.: ____________________________________________________
Fax No.: _______________________ E-Mail:_______________________________________________________________
Name of agent in charge of said office upon whom notice may be legally served:
____________________________________________________________________________________________________
Telephone No.: ___________________Name of Corporation: __________________________________________________
Signature: By: __________________________________________________________
Title: Address: ______________________________________________________________
RFP – Professional Services 2023 – Borough of Middlesex 23
BOROUGH OF MIDDLESEX
OWNERSHIP STATEMENT - STOCKHOLDER DISCLOSURE FORM
LEGAL NAME OF BIDDER: ___________________________________________________________
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
Other, Please List __________________________________
List the names and addresses of all stockholders who own ten (10%) percent or more of the above company’s stock, and if
there are NO STOCKHOLDERS OF 10% OR MORE, simply check the second box below. If one or more such
stockholders or partner is itself a corporation or partnership, the stockholders holding 10% or more of that corporation's
stock, or the individual partners owning 10% of that corporation's stock, or the individual partners owning 10% or greater
interest in that partnership, as the case may be, must also be listed.
The disclosure shall be continued until names and addresses of every person who is a non-corporate
stockholder, or individual partner, exceeding the 10% ownership criteria established in this act, has been
listed, in full compliance with Chapter 33 of the New Jersey Public Laws of 1977.
BIDDERS/RESPONDENTS MUST CHECK THE APPROPRIATE BOX:
I certify that the list below contains the names and addresses of all stockholders holding 10% or more of the issued
and outstanding stock of the undersigned.
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned.
Publicly Traded - For publicly traded entities to comply with N.J.S.A. 52:25-24.2 they may submit the name and address
of each publicly traded entity, and the name and address of each person holding 10% or more beneficial interest in the
publicly traded entity as of the last annual filling with the Security Exchange Commission (SEC), or foreign equivalent
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing, or foreign equivalent:
____________________________________________________________________________________________
The requested information is available on the following page number(s) of the SEC, or foreign equivalent, filing:
____________________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
(Note: Attach additional pages if necessary)
________________________________________________________________
______________
(Respondent/Respondent Authorized Signature)
(Date)
___________________________________________
______________________________________
(Print name of authorized signatory)
(Title)
RFP – Professional Services 2023 – Borough of Middlesex 24
BOROUGH OF MIDDLESEX
NON-COLLUSION AFFIDAVIT
State of _____________
County of _____________
ss:
I, _____________________________ of the City of _______________________________
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 bidder making this Proposal for the above named project, and that I executed the said proposal
with full authority so to do; that said bidder has not, directly or indirectly entered into any
agreement, participated in any collusion, or otherwise taken any action in restraint of free,
competitive bidding in connection with the above named project; and that all statements contained
in said proposal and in this affidavit are true and correct, and made with full knowledge that the
Borough of Middlesex 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_________________________________.
(Name of Contractor)
(N.J.S.A. 52:34-15)
Subscribed and sworn to
Before me this _______day
Of ___________, _______.
Signature
(Type or print name of affiant under signature)
_______________________________________
Notary public of
My Commission expires ___________________.
RFP – Professional Services 2023 – Borough of Middlesex 25
BOROUGH OF MIDDLESEX
INSURANCE REQUIREMENTS AND ACKNOWLEDGEMENT FORM
Certificate(s) of Insurance shall be filed with the Borough Clerk’s Office upon award of
contract by the Mayor and Borough Council.
The minimum amount of insurance to be carried by the Professional Service Entity shall
be as follows:
PROFESSIONAL LIABILITY INSURANCE
Limits shall be a minimum of $2,000,000.00 for each claim and $4,000,000.00
aggregate each policy period.
Acknowledgement of Insurance Requirement:
________________________________________________________________
(Signature)
(Date)
________________________________________________________________
(Printed Name and Title)
RFP – Professional Services 2023 – Borough of Middlesex 26
EXHIBIT A
EEO/AFFIRMATIVE ACTION COMPLIANCE NOTICE
N.J.S.A. 10:5-31 and N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance
to the Borough and Division of Public Contracts Equal Employment Opportunity Compliance. During
a review, Division representatives will review the Borough files to determine whether the
affirmative action evidence has been submitted by the vendor/contractor. Specifically, each
vendor/contractor shall submit to the Borough, prior to execution of the contract, one of the
following documents:
Goods and General Service Vendors
1. Letter of Federal Approval indicating that the vendor is under an existing federally approved or
sanctioned affirmative action program. A copy of the approval letter is to be provided by the
vendor to the Borough and the Division. This approval letter is valid for one year from the date
of issuance.
Do you have a federally-approved or sanctioned EEO/AA program?
Yes
No
If yes, please submit a photo static copy of such approval.
2. A Certificate of Employee Information Report (hereafter “Certificate”), issued in accordance with
N.J.A.C. 17:27-1.1 et seq. The vendor must provide a copy of the Certificate to the Borough as
evidence of its compliance with the regulations. The Certificate represents the review and
approval of the vendor’s Employee Information Report, Form AA-302 by the Division. The
period of validity of the Certificate is indicated on its face. Certificates must be renewed prior to
their expiration date in order to remain valid.
Do you have a State Certificate of Employee Information Report Approval?
Yes
No
If yes, please submit a photo static copy of such approval.
3. The successful vendor shall complete an Initial Employee Report, Form AA-302 and submit it to
the Division with $150.00 Fee and forward a copy of the Form to the Borough. Upon submission
and review by the Division, this report shall constitute evidence of compliance with the
regulations. Prior to execution of the contract, the EEO/AA evidence must be submitted.
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on
the Division website www.state.nj.us/treasury/contract_compliance.
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal
Employment Opportunity Compliance, with a copy to Public Agency.
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 and N.J.A.C. 17:27 and agrees to furnish the required forms of
evidence.
The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27.
COMPANY: ______________________________ SIGNATURE: ____________________________
PRINT NAME:___________________________ TITLE: __________________________________
DATE: __________________
RFP – Professional Services 2023 – Borough of Middlesex 27
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 Borough employment goals
established in accordance with N.J.A.C. l7:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited
to, employment agencies, placement bureaus, colleges, universities, 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 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 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 www.state.nj.us/treasury/contract_compliance).
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.
RFP – Professional Services 2023 – Borough of Middlesex 28
SAMPLE CERTIFICATE OF EMPLOYEE INFORMATION REPORT
RFP – Professional Services 2023 – Borough of Middlesex 29
BOROUGH OF MIDDLESEX
AMERICANS WITH DISABILITIES ACT OF 1990
Equal Opportunity for Individuals with Disability
The Contractor and the Owner, do hereby agree that the provisions of Title 11 of the Americans
With Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 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 owner
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 owner in any action or administrative proceeding commenced pursuant
to this Act. The contractor shall indemnify, protect, and save harmless the 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 owner’s
grievance procedure, the contractor agrees to abide by any decision of the owner which is rendered
pursuant to said grievance procedure. If any action or administrative proceeding results in an
award of damages against the owner, or if the 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 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 owner or any of its agents, servants, and
employees, the owner shall expeditiously forward or have forwarded to the contractor every
demand, complaint, notice, summons, pleading, or other process received by the owner or its
representatives.
It is expressly agreed and understood that any approval by the 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 owner pursuant to this
paragraph.
It is further agreed and understood that the 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 owner from taking any other actions available to it
under any other provisions of the Agreement or otherwise at law.
RFP – Professional Services 2023 – Borough of Middlesex 30
BOROUGH OF MIDDLESEX
THESE ARE SAMPLES OF THE ONLY ACCEPTABLE
BUSINESS REGISTRATION CERTIFICATES
PREFER SUBMITTED WITH BID RESPONSE
REQUIRED BY LAW PRIOR TO AWARD OF CONTRACT
RFP – Professional Services 2023 – Borough of Middlesex 31
BOROUGH OF MIDDLESEX
DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
BID/RFP/Solicitation Number:
Bidder/Offeror:
Part 1: Certification
BIDDERS ARE TO COMPLETE PART 1 BY CHECKING EITHER BOX
Pursuant to Public Law 2012, c. 25, any person or entity that submits a bid or proposal or otherwise proposes to enter into
or renew a contract must complete the certification below to attest, under penalty of perjury, that neither the person or
entity, nor any of its parents, subsidiaries, or affiliates, is identified on the Department of the Treasury’s Chapter 25 list as a
person or entity engaging in investment activities in Iran. The Chapter 25 list is found on the Division’s website at
http://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf. Bidders must review this list prior to completing the
below certification. Failure to complete the certification may render a bidder’s proposal non-responsive. If the Director
finds a person or entity to be in violation of the law, s/he shall take action as may be appropriate and provided by law, rule
or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party
in default and seeking debarment or suspension of the party.
PLEASE CHECK THE APPROPRIATE BOX:
I certify, pursuant to Public Law 2012, c. 25, that neither the bidder listed above nor any of the bidder’s parents,
subsidiaries, or affiliates is listed on the N.J. Department of the Treasury’s list of entities determined to be engaged
in prohibited activities in Iran pursuant to P.L. 2012, c. 25 (“Chapter 25 List”). I further certify that I am the
person listed above, or I am an officer or representative of the entity listed above and am authorized to make this
certification on its behalf. I will skip Part 2 and sign and complete the Certification below.
OR
I am unable to certify as above because the bidder and/or one or more of its parents, subsidiaries, or affiliates is
listed on the Department’s Chapter 25 List. I will provide a detailed, accurate and precise description of the
activities in Part 2 below, sign and complete the Certification below.
PART 2: PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN
You must provide a detailed, accurate and precise description of the activities of the bidding person/entity, or one of its
parents, subsidiaries or affiliates, engaging in the investment activities in Iran on additional sheets provided by you.
Certification: I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any
attachments thereto to the best of my knowledge are true and complete. I attest that I am authorized to execute this
certification on behalf of the above-referenced person or entity. I acknowledge that Borough of Middlesex is relying on the
information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this
certification through the completion of any contracts with the Borough to notify the Borough in writing of any changes to the
answers of information contained herein. I acknowledge that I am aware that it is a criminal offense to make a false
statement or misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal prosecution
under the law and that it will also constitute a material breach of my agreement(s) with the Borough of Middlesex, New
Jersey and that the Borough at its option may declare any contract(s) resulting from this certification void and
unenforceable.
Full Name (Print)___________________________________ Signature: _______________________________________
Title _____________________________________________ Date:____________________
RFP – Professional Services 2023 – Borough of Middlesex 32
BOROUGH OF MIDDLESEX
ACKNOWLEDGMENT OF RECEIPT OF ADDENDA
The undersigned Bidder hereby acknowledges receipt of the following Addenda:
ADDENDUM
NUMBER
DATE
ACKNOWLEDGE RECEIPT
(Initial)
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
No Addenda were received:
Acknowledged for:
(Name of Bidder)
By:
(Signature of Authorized Representative)
Name:
(Print or Type)
Title:
Date:
RFP – Professional Services 2023 – Borough of Middlesex 33
EXHIBIT A
EVALUATION SHEET
BOROUGH OF
MIDDLESEX
EVALUATORS NAME
Write NA if
category
COMPANY NAME
does not apply.
Understanding the Requested Work
10 Points
Category
0 Points
1 - 2 Points
3 - 4 Points
Points Given
Demonstrates clear
Does not demonstrate clear
Proposal points are
Proposal is clear, readable
understanding
understanding
adequately defined
and precise
0 Points
1 - 2 Points
3 Points
Completeness and
Does not address major
Proposal absent some non-
Proposal complete and
responsiveness to RFP
requirements
critical points
responsive
Compliance with
Does not comply
Complies substantially
Complies with all
instructions and requests
instructions and requests
Knowledge and Professional Compliance
25 Points
Category
0 - 2 Points
3 - 4 Points
5 - 6 Points
Points Given
Education and training of
Minimal training, no formal
Some prior experience, some
High level of education and
employees, suitability to
education, new performer
training and documented
training, well proven
perform the required tasks
performance
performance
0 Points
1 - 2 Points
3 - 7 Points
Does respondent have the
Not adequately documented
Proposal uses some current
Well documented use of the
character, integrity,
technology
latest technologies
reputation, judgment,
experience & efficiency
required by the Professional
0 Points
1 - 2 Points
3 - 4 Points
QA/QC Process
Not adequately documented
QA/QC documented, but
QA/QC documented with
with little oversight
significant oversight
0 Points
1 - 3 Points
4 - 8 Points
Primary Professional vs.
More than one Sub-
Only one Sub-Professional
Primary Professional will do
subcontracted resources
Professional
providing 50% of resources
entire project
depending on nature of sub
to be used
and percentage of project
Ability to Perform Services in a Timely Manner
15 Points
Category
0 Points
1 - 2 Points
3 - 4 Points
Points Given
Scheduling Timeline
Cannot meet schedule
Meets most of schedule
Meets entire schedule
0 - 1 Points
2 - 3 Points
4 - 6 Points
Personnel & Resources
May not be sufficient
Sufficient for project
Dedicated resources
0 - 2 Points
3 - 4 Points
5 Points
Primary Professional
Primary Professional has not
Primary Professional has
No Sub-Professional or a
relationship Sub-
worked with Sub-
limited experience with Sub-
proven record with Sub-
Professionals
Professional
Professional
Professional
RFP – Professional Services 2023 – Borough of Middlesex 34
Management, Experience and Personnel Qualifications
25 Points
Category
0 Points
1 - 2 Points
3 Points
Points Given
Project Management Plan
Not demonstrated as sound
Plan is average
Plan is sound and detailed
Project Management Team
Does not meet qualifications
Qualified but little
Well qualified and has
experience working together
collaborated on similar projects
0 Points
1 -2 Points
3 - 5 Points
Record of reliability and
Not documented
Some documentation
Track record of high quality
quality of service
0 - 1 Points
2 - 4 Points
5 - 7 Points
Scope of Work Experience
Few related projects
Some similar projects
Numerous similar projects
Experience in performing
Limited experience
Good experience
Exceptional experience
similar work by employees
Management, Experience and Personnel Qualifications
25 Points
Category
0 Points
2 Points
3 Points
Points Given
Explanation of costs
Costs not explained
Some correlation provided
Well documented
0 - 4 Points
5 - 10 Points
11 - 15 Points
Cost comparison
Highest third in salary
dollars
Middle third in salary dollars
Lowest third in salary dollars
0 - 1 Points
2 - 3 Points
4 - 6 Points
Other costs, copies, travel, etc
Travel and copy cost in
Copy cost equal to OPRA
costs
None
excess of OPRA
0 Points
1 - 2 Points
3 Points
Additional Services
No needed additional
Possible additional services
Needed additional services
services identified
identified, costs not included
identified and included
TOTAL POINTS AWARDED
--- Document: NOTICE TO BIDDERS - Electrical Services ---
Borough of Middlesex
1200 Mountain Avenue
Middlesex, New Jersey 08846
MIDDLESEX BOROUGH
IW_..._
NOTICE TO BIDDERS
Sealed bids will be received by the Purchasing Agent for the Borough of Middlesex on
Tuesday. March 8. 2022. at 11:00am prevailing time at the Borough of Middlesex, 1200
Mountain Avenue, Middlesex, NJ 08846 at which time and place bids will be opened and
read in public for:
FURNISH AND DELIVER ELECTRICAL SERVICES
FOR ALL BOROUGH OF MIDDLESEX FACILITIES AND LOCATIONS
Contract #: BID-001-22
Bid responses must be made on the standard proposal forms, be enclosed in a sealed
package bearing the name and address of the bidder and the "BID TITLE NAME &
CONTRACT #" on the outside, addressed to Carmen Modica, Purchasing Agent, at the
address above.
Any Bid Addenda will be issued on the Borough website at www.middlesexboro-nj.gov and
processed in accordance with N.J.S.A. 40A: 11-23(c)(l). All interested bidders should check
the website from now through bid opening. It is the sole responsibility of the respondent
to be knowledgeable of all addenda related to this procurement.
Specifications and instruction to bidders may be obtained in the Clerk's Office, 1200
Mountain
Avenue,
Middlesex,
NJ
or
by
emailing
the
Purchasing
Agent
at
cmodica@middlesexboro-nj.gov.
Please provide your company name, contact person,
contact number and mailing address.
Bidders shall comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17-27 et seq.
A highly recommended pre-bid meeting/inspection of sites will be held Wednesday, March
2, 2022, beginning at 10:00 AM at 1200 Mountain Avenue, Middlesex, New Jersey.
Carmen Modica, CMR
Purchasing Agent
Date Advertised: February 24, 2022
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1
--- Document: NOTICE TO BIDDERS Public Relations Consulting Services 2022 - re bid ---
Borough of Middlesex
1200 Mountain Avenue
Middlesex, New Jersey 08846
(732) 356-7400 ext. 237
NOTICE TO BIDDERS
RFP-003-2021 – Re-Bid
BOROUGH OF MIDDLESEX
PUBLIC NOTICE UNDER A FAIR AND OPEN PROCESS FOR THE SOLICITATION OF
QUALIFICATIONS AND RATES PURSUANT TO N.J.S.A 40A:11-4.1 FOR PUBLIC
RELATIONS AND DESIGN CONSULTING SERVICES
FOR APPOINTMENT FROM JANUARY 1, 2022 THROUGH DECEMBER 31, 2022 AND
SPECIAL PROJECTS ON A PROJECT BY PROJECT BASIS
NOTICE IS HEREBY GIVEN that sealed submissions will be received by the Middlesex Borough Clerk
or designated representative, for Middlesex Borough, on Tuesday, December 28, 2021 at 11:00 a.m.
prevailing time, in the Municipal Building, 1200 Mountain Avenue, Middlesex, New Jersey 08846, then
publicly opened for the following position:
PUBLIC RELATIONS AND DESIGN CONSULTING SERVICES
All contractors that are awarded competitive contracts pursuant to N.J.S.A. 40A:11-4.1(m) are required to
comply with the requirements of N.J.S.A. 52:32-44 (Business Registration of Public Contractors),
N.J.S.A. 52:25-24.2 (Statement of Corporate Ownership), 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). The submission
package may be obtained via email by contacting the Purchasing Agent, Carmen Modica at
cmodica@middlesexboro-nj.gov and providing your contact information. Contact information to include
vendor name and address, contact person, telephone number.
Please be advised that this Re-bid notice is for supplemental submissions to the Notice to Bidders
advertised on November 15, 2021 for RFP-002-2021. Any contractor who has already submitted pursuant
to the November 15, 2021 notice need not submit another proposal to the Purchasing Agent for
consideration. Submissions from both advertised Notice to Bidders will be publically opened on Tuesday,
December 28, 2021 at 11:00 a.m.
The Borough reserves the right to reject any or all submissions due to any defects or waive informalities
and accept any submissions that in their judgment will be in the best interest of the Borough. Questions
concerning this notice may be directed to Marcia Karrow at (732) 356-7400 ext. 264.
Date Advertised: Monday, December 13, 2021
Carmen Modica, CMR
Purchasing Agent
Deputy Registrar
Administrative Assistant
--- Document: ADDENDUM No. 1 - clarification to Term of Contract ---
BOROUGH OF MIDDLESEX
NOTICE OF ADDENDUM NO. 1
PUBLIC RELATIONS AND CONSULTING SERVICES – Re-Bid
Addendum No. 1 has been issued for the RFP pertaining to Public Relations and Consulting Services
for the Borough of Middlesex on Monday, December 13, 2021, and posted on Borough website.
TO ALL CONCERNED: The original bid specification package for the above referenced project is
amended as noted in Addendum No. 1.
CONCERNING THE TERM OF CONTRACT – Item #5
Correction to item #5 under SCOPE OF WORK – The following sentence has been removed from
item #5 – Options to extend may be exercised by mutual agreement in accordance with terms of
N.J.S.A. 40A:11-4.1 et seq.
Item #5 shall read as follows: The term of this contract is January 2022 – December 2022.
Carmen Modica
Purchasing Agent
--- Document: RFP - PROFESSIONAL SERVICES - Engineering Services (Land Use Board); Legal Counsel (Labor); and Public Defender; 2022 ---
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RFP – 001-2021
PUBLIC NOTICE UNDER A FAIR AND OPEN PROCESS FOR THE SOLICITATION OF
QUALIFICATIONS AND RATES FOR VARIOUS PROFESSIONALS
FOR APPOINTMENT JANUARY 1, 2022 THROUGH DECEMBER 31, 2022
AND SPECIAL PROJECTS ON A PROJECT BY PROJECT BASIS
NOTICE IS HEREBY GIVEN that sealed submissions will be received by the Purchasing
Agent or designated representative, for Middlesex Borough, on Tuesday, December 21, 2021 at 11:00
am prevailing time, in the Municipal Building, 1200 Mountain Avenue, Middlesex, New Jersey 08846,
then publicly opened for the following positions:
•
Engineering Services – Land Use Board
•
Legal Counsel – Labor
•
Public Defender
All professional service contractors are required to comply with 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). The submission
package is printable from the website www.middlesexboro-nj.gov or may be obtained at the Clerk’s
Office, Municipal Building,1200 Mountain Avenue, Middlesex, New Jersey 08846 during regular
business hours (9:00 a.m. – 4:00 p.m.). If submitting for more than one (1) professional service, you
must submit separate proposals for each service.
The Borough reserves the right to reject any or all submissions due to any defects or waive informalities
and accept any submissions that in their judgment will be in the best interest of the Borough. Questions
concerning this notice may be directed to Marcia Karrow, Borough Administrator,
mkarrow@middlesexboro-nj.gov.
Dated Advertised: December 6, 2021
Carmen Modica
Purchasing Agent
Borough of Middlesex
1200 Mountain Avenue
Middlesex, New Jersey 08846
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BOROUGH OF MIDDLESEX
GENERAL INSTRUCTIONS
1. Introduction
The Borough of Middlesex, Middlesex County, State of New Jersey (hereinafter called the “OWNER”)
invites submissions for the service(s) mentioned in the Public Notice for Professional Services
Qualifications and Rates for 2022.
This contract is to furnish and deliver various professional services for the Borough of Middlesex
through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et. seq.
2. Administrative Conditions and Requirements
The following items express the conditions and requirements of this RFP. Together with the other RFP
sections, they apply to the RFP process, the subsequent contract, and project production. Any proposed
change, modification, or exception to these conditions and requirements may be the basis for the owner
to determine the proposal as non-responsive to the RFP and will be a factor in the determination of an
award of a contract. The contents of the proposal of the successful respondent, as accepted by the owner,
will become part of any contract awarded as a result of this RFP.
2.1 Proposal Submission Information
Submission Date and Time: Tuesday, December 21, 2021 at 11:00am
One (1) Original signed in ink & one (1) copy of the RFP response.
Submission Office:
Purchasing Agent, Clerk’s Office
1200 Mountain Avenue
Middlesex, NJ 08846
Each submission must be provided on a Standardized Submission Form as supplied in the submission
package and signed by the professional services entity or principal thereof. All prices and amounts must
be written in ink or preferably typewritten. Each signatory to the submission must initial all erasures or
corrections. If submitting for more than one (1) professional service, you must submit separate
proposals for each service.
Each submission shall be contained in a sealed envelope addressed to: Purchasing Agent, Borough of
Middlesex, 1200 Mountain Ave., Middlesex, NJ 08846, and said envelope shall specify the appointment
Title/Professional Service for which the submission is provided. The submission is to be clearly marked
(indicating the category of the professional service) – “Sealed Submission Enclosed” (e.g. Borough
Auditor – sealed submission enclosed) and must be delivered at the place and time required or mailed so
as to be received prior to the opening time set in the advertisement. Submissions received after the hour
herein named or in unsealed envelopes shall not be considered. The original proposal shall be signed in
ink and marked to distinguish it from the one (1) copy. Faxed or emailed proposals will NOT be
accepted.
The 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.
Responses delivered before the submission date and time specified above may be withdrawn upon
written application of the respondent who shall be required to produce evidence showing that the
individual is or represents the principal or principals involved in the proposal. After the submission date
and time specified above, responses must remain firm for a period of sixty (60) days.
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The submission shall be accompanied by: (1) Non-Collusion Affidavit, (2) Disclosure of Ownership
Form, (3) Insurance Requirement Acknowledgement Form, (4) Mandatory Equal Employment
Opportunity Notice Acknowledgement, (5) Copy of the applicable Business Registration Certificate, (6)
Professional Services Entity Information Form, (7) Qualifications Submission, (8) List of Contribution,
(9) Disclosure of Investment Activities in Iran and (10) Acknowledgement of Corrections, Additions or
Deletions Form.
2.2 Borough Representative for this Solicitation
Questions by prospective respondents concerning this RFP may be addressed to Marcia Karrow in
writing via email mkarrow@middlesexboro-nj.gov. Please note the aforementioned contact is
authorized only to direct the attention of prospective respondents to various portions of the requirements
so that they may read and interpret each portion for themselves. NO employee of the Borough of
Middlesex is authorized to give interpretations of any portion of this RFP or to give information as to the
requirements for the RFP in addition to that already contained in the RFP unless as a formal addenda.
Interpretations of the RFP or additional information as to its requirements, when necessary, shall be
communicated to prospective respondents only by written addendum issued by the Purchasing Agent of
the Borough of Middlesex.
Please identify the contract name and note Request for Information as the subject line when submitting
a request by fax or email.
2.3 Interpretations and Addenda
Respondents are expected to examine the RFP with care and observe all its requirements. All questions
about the meaning or intent of this RFP, all interpretations and clarifications considered necessary by the
owner’s representative in response to such comments and questions will be issued by Addenda mailed or
delivered to all parties recorded as having received the RFP package. Only comments and questions
responded to by formal written Addenda will be binding. Oral interpretations, statements or
clarifications are without legal effect.
2.4 Quantities of Estimate
Wherever the estimated quantities of work to be done are shown in any section of this RFP, including
the Proposal Cost Form, they are given for use in comparing proposals. The owner especially reserves
the right (except as herein otherwise specifically limited) to increase or diminish the quantities as may
be deemed reasonably necessary or desirable by the owner to complete the work detailed by the
contract. Such increase or diminution shall in no way violate this contract, nor shall any such increase or
diminution give cause for claims or liability for damages.
2.5 Cost Liability and Additional Costs
The owner assumes no responsibility and liability for costs incurred by the respondents prior to the
issuance of an agreement. The liability of the owner shall be limited to the terms and conditions of the
contract.
Respondents will assume responsibility for all costs not stated in their proposals. All unit rates either
stated in the proposal or used as a basis for its pricing are required to be all-inclusive. Additional
charges, unless incurred for additional work performed by request of the owner as noted in 2.4, are not
to be billed and will not be paid.
2.6 Statutory and Other Requirements
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2.6.1 Compliance with Laws
Any contract entered into between the contractor and the owner must be in accordance with and subject
to compliance by both parties with the New Jersey Local Public Contracts Law. The contractor must
agree to comply with the non-discrimination provisions and all other laws and regulations applicable to
the performance of services there under. The respondent shall sign and acknowledge such forms and
certificates as may be required by this section.
2.6.2 Mandatory EEO/Affirmative Action Compliance - N.J.S.A 10:5-31 et seq. and N.J.A.C 17:27
et seq.
No firm shall be issued a contract unless it complies with the EEO/Affirmative Action requirements of
P. L. 1975, C. 127 as identified in the documents attached hereto. The form shall be properly executed.
2.6.3 Americans with Disabilities Act of 1990 - 42 U.S.C. S121 01 et seq.
Discrimination on the basis of disability in contracting for the delivery of services is prohibited.
Respondents are required to read American with Disabilities language that is part of the documents
attached hereto and agree that the provisions of Title II of the Act are made part of the contract. The
contractor is obligated to comply with the Act and hold the owner harmless.
2.6.4 Statement of Corporate Ownership-Stockholder Disclosure - N.J.S.A. 52:25-24.2 (P.L. 1977
c.33)
In accordance with N.J.S.A. 52:25-24.2, no corporation, partnership, limited partnership, limited liability
corporation, limited liability partnership, Subchapter S corporation or sole proprietorship, shall be
awarded a contract, unless prior to the receipt of the RFP response/bid or accompanying the RFP
response/bid of the corporation, partnership, limited partnership, limited liability corporation, limited
liability partnership, Subchapter S corporation or sole proprietorship, there is submitted to the Borough a
statement setting forth the names and addresses of all stockholders who own 10% or more of the stock,
of any class or of all individual partners who own a 10% or greater interest in the corporation,
partnership, limited partnership, limited liability corporation, limited liability partnership, Subchapter S
corporation or sole proprietorship. If one or more such stockholder or partner is itself a corporation or
partnership, the stockholders holding 10% or more of that corporation’s stock, or the individual partners
owning 10% or greater interest in that partnership, as the case may be, shall also be listed. The
disclosure shall be continued until names and addresses of every non-corporate stockholder and
individual partner, exceeding the 10% ownership criteria established in this act has been listed. The form
shall be signed and submitted with the RFP proposal/bid whether or not a stockholder or partner owns
less than 10% of the business submitting the RFP proposal/bid. Failure to comply requires mandatory
rejection of the RFP proposal/bid. The Respondent shall complete and submit the form of statement that
is included in this RFP.
2.6.5 Non-Collusion Affidavit - N.J.S.A. 52:34-15
The Non-Collusion Affidavit, which is part of this RFP, shall be properly executed and submitted with
the RFP response.
2.6.6 Proof of N.J. Business Registration Certificate N.J.S.A. 52:32-44
Each bidder (contractor) is required to submit proof of business registration prior to award of the
contract. Proof of registration shall be a copy of the bidder’s Business Registration Certificate (BRC).
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 obtain and provide the owner the BRC of subcontractors knowingly
used on this contract.
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2. The contractor shall maintain and submit to the contracting agency a list of
subcontractors and their addresses that may be updated from time to time during the
course of the contract performance. A complete and accurate list shall be submitted
before final payment is made for goods and services rendered under the contract.
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 taxable sales of tangible personal
property delivered into the State.
Failure to submit the BRC with the proposal is NOT a cause for rejection. However, the Borough
prefers the BRC be submitted with the proposal. If it is not provided prior to execution of a contract the
bidder’s bid guarantee shall be forfeited and the contract shall be awarded to the next lowest responsible
bidder.
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 $25.00 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.
A BRC is obtained from the New Jersey Division of Revenue and Enterprise Services. Information on
obtaining a BRC is available on the internet at www.nj.gov/treasury/revenue/busregcert.shtml or by
phone at (609) 292-2929.
Emergency Purchases or Contracts
For purchases of an emergent nature, the contractor shall provide its Business Registration Certificate
within two weeks from the date of purchase or execution of the contract or prior to payment for goods or
services, whichever is earlier.
2.6.7 Pay to Play – Notice of Disclosure Requirement
Business entities are advised of their responsibility to file an annual disclosure statement of political
contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A.
19:44A-20.27 if they receive contracts in excess of $50,000 from public entities in a calendar year.
Business entities are responsible for determining if filing is necessary. Additional information on this
requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.
2.6.8 Assign, Sublet or Transfer Any Rights/Interests
Neither the owner nor the Contractor shall assign, sublet, or transfer any rights or interest in this
Agreement without the prior written consent of the other party. Unless specifically stated to the contrary,
in writing, prior to an assignment, no assignment will release or discharge the assignor from any duty or
responsibility under this Agreement. Nothing herein shall be construed to give any rights or benefits to
anyone other than the owner and the Contractor.
2.6.9 Insurance and Indemnification
If it becomes necessary for the contractor, either as principal or by agent or employee, to enter upon the
premises or property of the owner in order to construct, erect, inspect, make delivery or remove property
hereunder, the contractor hereby covenants and agrees to take use, provide and make all proper,
necessary and sufficient precautions, safeguards, and protection against the occurrence of happenings of
any accident, injuries, damages, or hurt to person or property during the course of the work herein
covered and be his/her sole responsibility.
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The contractor shall maintain sufficient insurance to protect against all claims under Workers
Compensation, General Liability and Automobile and shall be subject to approval for adequacy of
protection and certificates of such insurance shall be provided.
Indemnification
The contractor agrees to indemnify and save harmless the owner, its officers, agents and employees,
hereinafter referred to as indemnitees, from all suits, including attorney’s fees and costs of litigation,
actions, loss damage, expense, cost of claims, of any character or on account of any act, claim or amount
arising or recovered under Worker’s Compensation law, or arising out of failure of the Contractor or
those acting under Contractor to conform to any statutes, ordinances, regulations, law or court decree. It
is the intent of the parties to this contract that the indemnities shall, in all instances, except for loss or
damage resulting from the sole negligence of the indemnitee, be indemnified against all liability, loss or
damage of any nature whatsoever.
Insurance Requirements:
Worker’s Compensation and Employer’s Liability Insurance
This insurance shall be maintained in full force during the life of this contract by the contractor covering
all employees engaged in performance of this contract pursuant to N.J.S.A. 34:15-12(a) and N.J.A.C.
12:235-1.6. Minimum Employer’s Liability $1,000,000.00.
General Liability Insurance
This insurance shall have limits of not less than $3,000,000.00 any one person and $3,000,000.00 any
one accident for bodily injury and $3,000,000.00 aggregate for property damage and shall be maintained
in force during the life of the contract.
Automobile Liability Insurance
This insurance covering contractor for claims arising from owned, hired and non-owned vehicles with
limits of not less than $3,000,000.00 any one person and $3,000,000.00 any one accident for bodily
injury and $3,000,000.00 each accident for property damage, shall be maintained in force during the life
of this contract by the contractor.
Professional Liability/Malpractice Insurance Policy (if applicable)
Coverage in the amount of $2,000,000.00/occurrence, $4,000,000.00 aggregate and assurance that each
such policy for each staff member remains full and in effect while providing services for owner.
The contractor shall provide the owner with a Certificate of Insurance naming the Borough of Middlesex
as additionally insured, evidencing the existence of required insurance prior to the commission of work.
Said insurance must include coverage for complete operations, contractual insurance and independent
contractor or subcontractor insurance, where and if applicable.
Errors and Omissions Insurance
A.
The contractor shall purchase and maintain during the entire period of this contract, errors
and omissions insurance that shall protect the contractor and the Borough from any and all
claims that may arise out of or result from the contractor’s performance of this contract.
Specifically, the errors and omissions insurance shall have limits of not less than
$2,000,000.00 dollars per occurrence and $4,000,000.00 dollars in the aggregate.
B.
Certificates of the Required Insurance
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Certificates as listed above shall be submitted along with the contract as evidence covering
Errors and Omissions insurance. Such coverage shall be with acceptable insurance
companies operating on an admitted basis in the State of New Jersey.
The contractor shall provide the Borough with a Certificate of Insurance naming the
Middlesex Borough, its employees, officers, and agents as additionally insured, and
evidencing the existence of required insurance prior to the commission of work.
Middlesex Borough will not accept Mutual Limitation of Liability terms.
2.6.10 Health Insurance Portability and Accountability Act of 1996 - HIPAA (If Applicable)
Both parties agree to comply with all requirements of the Federal Health Insurance Portability and
Accountability Act of 1996 (“HIPAA”) as maybe amended from time to time, and the corresponding
HIPAA regulations for the confidentiality and security of medical information.
The Contractor shall:
• Not use or disclose protected health information other than as permitted or required by law
• Use appropriate safeguards to protect the confidentiality of the information
• Report any use or disclosure not permitted
The contractor, by execution of the contract, shall thereby indemnify and hold the owner harmless from
any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the
failure of the contractor to comply with the requirements of the Health Insurance Portability and
Accountability Act (HIPAA) or any other statute or case law protecting the privacy of persons using its
services.
2.6.11 Proof of Licensure
Proof of licensure for providing Services in the State of New Jersey, for either the firm or the person
responsible for the work, shall be provided as required.
2.6.12 Disclosure of Investment Activities in Iran – P.L. 2012, c. 25
P.L. 2012, c.25 prohibits State and local public contracts with persons or entities engaging in certain
investment activities in energy or finance sectors of Iran.
2.7 Public Emergency
In the event of a Public Emergency declared at the Local, State or Federal Level, if the owner opts to
extend terms and conditions of this RFP, the contractor agrees to extend the terms and conditions of this
RFP, whether existing, expiring or expired no longer than six months, for goods and/or services for the
duration of the emergency. In the event the original contractor cannot meet this requirement, the owner
may solicit the goods and/or services from any bidder on this contract.
2.8 Multiple Proposals Not Accepted
More than one proposal from an individual, a firm or partnership, a corporation or association under the
same or different names shall not be considered.
2.9 Failure to Enter Contract
Should the respondent, to whom the contract is awarded, fail to enter into a contract within ten (10)
days, Sundays and holidays excepted, the owner may then, at its option, accept the proposal of another
respondent.
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2.10 Commencement of Work
The contractor agrees to commence work after the date of award by the owner and upon notice from the
using department.
2.11 Time of Completion
It is hereby understood and mutually agreed, by and between the respondent and the owner, that the date
on which the work shall be substantially complete as specified in the RFP is an essential condition of
this contract. It is further mutually understood and agreed that the work and contract time embraced in
this Contract shall commence on the date specified and that the resulting contract shall be completed in
sequence and time frames identified by the owner.
The respondent agrees that said services shall be processed regularly, diligently, and uninterruptedly at
such rate of progress as will ensure full completion thereof within the time specified. It is expressly
understood and agreed, by and between the respondent and the owner, that the time of completion of the
services described herein is a reasonable time for the completion of it.
2.12 Termination of Contract
If, through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations under
the Contract or if the contractor violates any requirements of the Contract, the owner shall thereupon
have the right to terminate the Contract by giving written notice to the contractor of such termination at
least thirty (30) days prior to the proposed effective date of the termination. Such termination shall
relieve the owner of any obligation for the balances to the contractor of any sum or sums set forth in the
Contract.
The contractor agrees to indemnify and hold the owner 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 owner under this provision.
In case of default by the contractor, the owner may procure the articles or services from other sources
and hold the contractor responsible for any excess cost occasioned thereby.
2.13 Non-Allocation of Funding Termination
Each fiscal year payment obligation of the Owner is conditioned upon the availability of Owner funds
appropriated or allocated for the payment of such an obligation. If funds are not allocated and available
for the continuance of any services performed by the Contractor hereunder, whether in whole or in part,
the Owner at the end of any particular fiscal year may terminate such services. The Owner will notify
the Contractor in writing immediately of any services that will be affected by a shortage of appropriated
funds. This provision shall not be construed so as to permit the Owner to terminate this Agreement
during the term, or any service hereunder, merely in order to acquire identical services from a third-party
contractor.
2.14 Force Majeure
Neither party shall be responsible for any resulting loss or obligation to fulfill duties as specified in any
of the terms or provisions of this Agreement if the fulfillment of any term or provision of this
Agreement is delayed or prevented by any revolutions, insurrections, riots, wars, acts of enemies,
national emergencies, strikes, floods, fires, acts of God, or by any cause not within the control of the
party whose performance is interfered with which by the exercise of reasonable diligence such party is
unable to prevent. Additionally, if the fulfillment of any of the terms and provisions of this Agreement
is delayed or prevented by any court order, or action or injunction or other such agreement, this
Agreement shall become voidable by the Borough of Middlesex by notice to each party.
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2.15 The Owner and the Contractor each bind themselves and their successors, executors,
administrators, heirs and assigns and legal representatives of the other party respecting all covenants and
agreements and obligations of this contract.
2.16 The terms of this contract shall be construed and interpreted, and all respective rights and duties of
the parties shall be governed by the laws of the State of New Jersey.
2.17 Challenge of Specifications
Any respondent who wishes to challenge a specification shall file such challenge in writing with the
Purchasing Agent no less than three (3) business days prior to the opening of the RFP's.
Challenges filed after that time shall be considered void and having no impact on the owner or the award
of contract.
2.18 Payment
Invoices shall be submitted monthly and must specify, in detail, the period for which payment is
claimed, the services performed during the prescribed period, the amount claimed and correlation
between the services claimed, all backup documentation (mileage, time logs, receipts for expenses, etc.),
amount remaining in total balance, and the Proposal Cost Form.
The Borough of Middlesex will provide a sample Progress Report and Invoice for the Hired Consultant
to ensure compliance.
The owner may withhold all or partial payments on account of subsequently discovered evidence
including but not limited to the following:
1. Deliverables not complying with the project specification;
2. Claims filed or responsible evidence indicating probability of filing claims;
3. A reasonable doubt that the Contract can be completed for the balance then unpaid.
When the above grounds are removed, payment shall be made for amounts withheld because of them.
Invoices shall specify, in detail, the period for which payment is claimed, the services performed during
the prescribed period, the amount claimed and correlation between the services claimed and the Proposal
Cost Form.
2.19 Non-payment of Penalties and Interest on Overdue Bills
Public funds may be used to pay only for goods delivered or services rendered. The Borough of
Middlesex will not pay penalties and/or interest on overdue bills. No employee is authorized to sign a
letter of credit or any other document that represents a legal commitment on the part of the Borough to
pay additional fees.
2.20 Ownership of Material
The owner shall retain all of its rights and interest in any and all documents and property both hard copy
and digital furnished by the owner to the contractor for the purpose of assisting the contractor in the
performance of this contract. All such items shall be returned immediately to the owner at the expiration
or termination of the contract or completion of any related services, pursuant thereto, whichever comes
first. None of the documents and/or property shall, without the written consent of the owner, be
disclosed to others or used by the contractor or permitted by the contractor to be used by their parties at
any time except in the performance of the resulting contract.
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Ownership of all data, materials and documentation originated and prepared for the owner pursuant to
this contract shall belong exclusively to the owner. All data, reports, computerized information,
programs and materials related to this project shall be delivered to and become the property of the owner
upon completion of the project. The contractor shall not have the right to use, sell, or disclose the total of
the interim or final work products, or make available to third parties, without the prior written consent of
the owner.
Under state and federal statutes, certain government records are protected from public disclosure. The
Borough, the Contractor and any Subcontractors have a responsibility and an obligation to safeguard
from public access an employee's personal information with which it has been entrusted when disclosure
thereof would violate the employee's reasonable expectation of privacy. All payroll, personnel and
health insurance related files are confidential. Additionally, the Contractor and any Subcontractors may
be privy to sensitive law enforcement information or investigations during their review which must
remain confidential. The Borough reserves the right to make any public disclosure under the law. Also,
among government records deemed confidential are administrative or technical information regarding
computer hardware, software and networks that, if disclosed, would jeopardize computer security. The
Contractor and any Subcontractor(s) are prohibited from the sale or distribution of all supplied
information to any third party.
2.21 Source of Specifications/RFP Packages
Official Request for Proposal (RFP) packages for routine goods and services are available from
www.middesexboro-nj.gov at no cost to the prospective respondents. All addenda are posted on this
site. Potential respondents are cautioned that they are responding at their own risk if a third party
supplied the specifications that may or may not be complete. The Borough is not responsible for third
party supplied RFP documents.
2.22 Altering Official Document
Respondents shall not write in any margins or alter the official content of Borough’s RFP document.
2.23 RFP Preparation of Forms
RFPs must be signed in ink by the respondent; all quotations shall be made with a typewriter/computer
or pen and ink. Any quotation showing any erasure alteration must be initialed by the respondent in ink.
Unit prices and totals are to be inserted in spaces provided.
2.24 W-9
Successful bidder/respondent shall complete W-9 Form and submit to Finance prior to contract award.
The form is available at the following link: www.irs.gov/pub/irs-pdf/fw9.pdf
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3. SCOPE OF WORK (SOW)
The following is a description of the professional services needed, including where appropriate, a
description of tasks involved:
ENGINEERING SERVICES - LAND USE BOARD. The minimum threshold criteria that will be
utilized for the evaluation of responses shall be as follows:
1) Licensed to provide engineering services in the State of New Jersey for a minimum of five (5)
years
2) Evidence of professional liability insurance
3) Representation of government entities for a minimum of five (5) years
4) Experience in review of land use and site plan applications and all related reviews for a
minimum of five (5) years
5) Experience and knowledge of the laws and regulations controlling zoning, development and land
use
6) Experience and knowledge of DEP laws and regulations; and
7) Knowledge of the Borough Land Use Board and its applications
LEGAL COUNSEL – LABOR - The Borough requires legal services for the representation of the
Borough regarding labor relations proceedings in which the Borough or any of its officers or agencies
may be a party or have an interest. The minimum threshold criteria that will be utilized for the
evaluation of the responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Knowledge of the Borough and its operations
4) Representation of governmental entities in the field of labor relations for a minimum of (5) years
5) Render opinions in writing upon any question submitted by the Mayor, Borough Clerk or
Administrator working in conjunction with aforesaid municipal officials relating to matters of
labor law and employee practices and policies, where required by the Borough
6) Draft or approve as to form and sufficiency all labor related legal documents and contracts,
executed or adopted by or on behalf of the Borough; and
7) With appropriate approval, conduct appeals from orders, decisions or judgments affecting any
labor interest of the Borough
PUBLIC DEFENDER – The Public Defender shall be a licensed Attorney at Law of New Jersey and
shall provide all necessary and desirable legal counsel and advise to those Municipal Court Defendants
who are financially qualified to receive the services of the Public Defender. The Public Defender shall
handle his duties as directed by the Borough Attorney.
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BOROUGH OF MIDDLESEX
EXCEPTIONS
For each exception, the bidder must identify the specific section of specifications by providing the number and
title the exception applies to. It is the responsibility of the bidder to document the equivalence claim in
writing. Submitting product brochures is not an acceptable claim of equivalence.
(IF NONE SO STATE)
USE ADDITIONAL SHEET IF NECESSARY
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4.
Proposal Requirements
4.1 Qualification Statement
A statement is to be provided by the respondent who will serve as the primary contractor. The statement
shall set forth brief details of the firm's principal activities, the number of personnel in the firm and the
firm's location. Please provide a list of (3) three clients for whom similar services have been provided.
Include the following in your response:
1. Name of government agency.
2. Contact person’s name, position, and current telephone number.
3. Dates, cost and scope of service.
4. Status and comments
4.2 Key Personnel Information
The respondent shall provide the identity and the professional credentials of the principals and other key
personnel either working for the contractor and their areas of responsibilities.
4.3 Subcontractors
Respondents may engage the services of subcontractors for completion of this project. If their proposal
involves any subcontractors, full details on the nature of the work to be performed by them and the
location in which the work is to be performed must be provided. The respondent understands that if
selected, the owner prior to initiating any subcontracted work, must approve the use of subcontractors in
writing.
4.4 Proposal Forms
The following forms are contained in the attachments. All forms are required and shall be completed
and made part of the proposal submitted.
1. Proposal Cost/Signature Form
2. Qualifications Submission Form
3. Non-Collusion Affidavit
4. Stockholder Disclosure
5. Insurance Requirement Acknowledgement Form
6. Affirmative Action Statement
7. Professional Service Entity Information Form
8. Acknowledgement of Receipt of Addenda
9. List of Contribution
10. Disclosure of Investment Activities in Iran
4.5 Location of Servicing Office
The proposal must list the location and address of the present, active office that will service and manage
this contract.
5.
Evaluation, Review and Selection Process
5.1 Proposals to Remain Subject to Acceptance
RFP responses shall remain open for a period of sixty (60) calendar days from the stated submittal. The
owner will either award the Contract within the applicable time period or reject all proposals.
The owner may extend the decision to award or reject all proposals beyond the sixty (60) calendar days
when the proposals of any respondents who consent thereto may, at the request of the owner, be held for
consideration for such longer period as may be agreed.
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5.2 Rejection of Proposals
The owner reserves the right to reject any or all proposals, or to reject any proposals if the evidence
submitted by, or investigation of such respondent fails to satisfy the owner that such respondent is
properly qualified to carry out the obligations of the RFP and to complete the work contemplated
therein. The owner reserves the right to waive any minor informality or reject any/or all submissions in
accordance with the Fair & Open Public Solicitation Process for professional services(s) pursuant to P.L.
2004, c.19 (N.J.S.A. 19:44A-20.4 et seq.) in the RFP.
5.3 Evaluation Process
An evaluation team will review all proposals to determine if they satisfy the Proposal Requirements,
determine if a proposal should be rejected and evaluate the proposals based upon the Evaluation Criteria.
The highest-ranking respondent will then be recommended to the governing body for award of contract,
based on most advantageous price and other factors. The Borough reserves the right to reach out to the
respondents to get clarification on Proposals on specific items if necessary during the deliberation
process.
Evaluation Team – RFP respondents are prohibited from contacting any member of the evaluation team
directly without a formal invitation. If it is found that a respondent has attempted to discuss their
proposal with a team member without an invite then their proposal may be deemed unresponsive. All
questions during the evaluation period shall be directed to the Purchasing Agent.
5.4 Evaluation Criteria
The criteria considered in the evaluation of each proposal follows. The arrangement of the criteria is not
meant to imply order of importance in the selection process. All criteria will be used to select the
successful respondent.
This will be based on the quality of the content of the RFP and the respondent's ability to communicate a
thorough understanding of the required tasks and the approach to meet the scope of work outlined in the
RFP. The proposals will be evaluated for general compliance with instructions and requests issued in
the RFP. Non-compliance with significant instructions will be grounds for disqualification of proposals.
5.4.1 Understanding of the Requested Work
The proposals will be evaluated for general compliance with instructions and requests issued in the RFP.
Non-compliance with significant instructions shall be grounds for disqualification of proposals.
5.4.2 Knowledge and Technical Competence
This includes the ability of the respondent to perform all of the tasks and fulfill adequately the stated
requirements.
5.4.3 Management, Experience and Personnel Qualifications
Expertise of the firm shall be demonstrated by past contract successes providing government agencies
with similar services. The respondent will be evaluated on knowledge, experience, prior collaboration
and successful completion of projects/services similar to that requested in this RFP.
In addition to relevant experience, respondents shall provide personnel qualifications in the Proposal.
(See 4.1 and 4.2).
5.4.4 Ability to Complete the Project/Services in a Timely Manner
This is based on the estimated duration of the tasks and the respondent’s ability to accomplish these
tasks as stated.
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5.4.5 Cost
Price shall be based on amount stated on the proposal cost form. Total overall costs to complete the
project, the cost of maintenance, training, etc., or price shall be based on hourly rates and schedules of
fees submitted with the proposal. Any services not included as part of any resulting contract scope of
services must be approved and authorized by the owner before such work is initiated. The owner shall
pay for such approved services, at the rate or cost agreed upon between the owner and contractor,
provided the respondent has provided a schedule of fees for additional services with this RFP.
5.5 Term of the contract
The term of this contract is January 1, 2022– December 31, 2022. (Options to extend may be exercised
by mutual agreement in accordance with terms of N.J.S.A. 40A:11-4.1 et seq.)
5.6 Notice of Award
The successful respondent will be notified of the award of contract upon a favorable decision by the
governing body.
6.
List All Contributions
List all contributions, including in-kind contributions you or your firm/company (including all
equitable owners/members thereof) have made to any campaign or candidate for any public
office in Middlesex Borough or Middlesex County in 2020-2021. Include amount(s) of such
contribution(s) and the candidate(s) or committees to whom such amounts were given.
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BOROUGH OF MIDDLESEX
CHECKLIST
PROFESSIONAL SERVICE TITLE: _________________________________________________
Please fill in the appropriate title in the space above.
SUBMISSION DATE: Tuesday, December 21, 2021 at 11:00 AM
The following items, as indicated below (X), shall be provided with the receipt of sealed submissions:
1. Non-Collusion Affidavit …………………………….……………………………… ___X____
2. Stockholder Disclosure Certification ……………………………………….…………. ___X____
3. Insurance Requirement Acknowledgement Form …………..……….……………… ___X____
4. Mandatory Equal Employment Opportunity Notice Acknowledgement ………………___X____
5. Copy of your Business Registration Certificate as issued by the State of
New Jersey, Department of Treasury, Division of Revenue ...……………………….. ___X____
6. Professional Service Entity Information Form ……………………….………………. ___X____
7. Qualifications Submission Form…….………………………………………….……… ___X____
8. List of Contribution(s)………………..………………………….……………………… ___X____
9. Disclosure of Investment Activities in Iran………………………….…………………. ___X____
10. Acknowledgement of Corrections, Additions or Deletions Form …………………. ___X____
11. Proposal Cost/Signature Form ………………………………..………………………..___X____
Reminder
Please submit one (1) original and one (1) additional set of the sealed submission.
Each submission shall be contained in a sealed envelope addressed to: Purchasing Agent,
Borough of Middlesex, 1200 Mountain Ave., Middlesex, NJ 08846 or in the preprinted
envelope supplied with the submission package when available and said envelope shall
specify the Appointment Title/Professional Service for which the submission is provided.
The submission is to be clearly marked (indicating the category of the professional service) –
“Sealed Submission Enclosed” (e.g. Borough Auditor – sealed submission enclosed) and
must be delivered at the place and time required or mailed so as to be received prior to the
opening time set in the advertisement.
Submissions received after the hour herein named or in unsealed envelopes shall not be
considered.
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BOROUGH OF MIDDLESEX
BID PROPOSAL FORM/SIGNATURE PAGE
TO THE BOROUGH OF MIDDLESEX:
The undersigned declares that he/she has read the Notice, Instructions, Affidavits and Scope of
Services attached, that he/she has determined the conditions affecting the bid and agrees, if this
bid is accepted, to furnish and deliver services per the following:
PROFESSIONAL SERVICES
FEE SCHEDULE SUBMITTED Yes No
(Corporation)
The undersigned is a (Partnership) under the laws of the State of __________________________ having its
(Individual)
Principal office at
Company
Federal I.D. # or Social Security #
Address
Signature of Authorized Agent
Type or Print Name
Title of Authorized Agent
Date
Telephone Number
Email Address
Fax Number
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LIST ALL CONTRIBUTION(S)
2020-2021
List all contributions, including in-kind contributions you or your firm/company (including all
equitable owners/members thereof) have made to any campaign or candidate for any public office
in Middlesex Borough or Middlesex County in 2020-2021. Include amount(s) of such contribution(s)
and the candidate(s) or committees to whom such amounts were given.
Name of Campaign or Candidate
Amount of Contribution
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
By signing below you acknowledge that you or your firm/company (including all equitable
owners/members thereof), have not made any contributions to any campaign or candidate for any
public office in Middlesex Borough or Middlesex County in 2020-2021.
COMPANY: ______________________________ PRINT NAME: ____________________________
SIGNATURE:___________________________ TITLE: __________________________________
DATE: __________________
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BOROUGH OF MIDDLESEX
QUALIFICATIONS SUBMISSION FORM
1.
Names and roles of the individuals who will perform the services and description of
their education and experience with projects similar to the services contained herein
including their education, degrees and certifications:
2.
References and record of success of same or similar service:
3.
Description of ability to provide the services in a timely fashion (including staffing,
familiarity and location of key staff):
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4. Cost details, including the hourly rates of each of the individuals who will perform
services, including their title, level of expertise and years of experience, and all expenses:
Firm __________________________________________ Date: _________________________
Authorized Representative (Print):___________________________________________________
Signature: ________________________ Title:________________________________________
Telephone #: _____________________ Fax #: ______________________________________
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BOROUGH OF MIDDLESEX
PROFESSIONAL SERVICE ENTITY INFORMATION FORM
If the Professional Service Entity is an INDIVIDUAL, sign name and give the following information:
Name:______________________________________________________________________________________________
Address:_____________________________________________________________________________________________
Telephone No.: ____________________Social Security No.:___________________________________________________
Fax No.: _______________________ E-Mail: _____________________________________________________________
If individual has a TRADE NAME, give such trade name:
Trading As: _________________________________ Telephone No.: ___________________________________________
****************************************************************************************************
If the Professional Service Entity is a PARTNERSHIP, give the following information:
Name of
Partners:_____________________________________________________________________________________________
Firm
Name:_______________________________________________________________________________________________
Address:_____________________________________________________________________________________________
Telephone No.: ____________________________ Federal I.D. No.:_____________________________________________
Fax No.: ______________________ E-Mail:_______________________________________________________________
Social Security No.:___________________________________________________________________________________
Signature of authorized agent:____________________________________________________________________________
****************************************************************************************************
If the Professional Service Entity is INCORPORATED, give the following information:
State under whose laws incorporated:_____________________________________________________________________
Location of principal office:_____________________________________________________________________________
Telephone No.: ____________________ Federal I.D. No.: ____________________________________________________
Fax No.: _______________________ E-Mail:_______________________________________________________________
Name of agent in charge of said office upon whom notice may be legally served:
____________________________________________________________________________________________________
Telephone No.: ___________________Name of Corporation: __________________________________________________
Signature: By: __________________________________________________________
Title: Address: ______________________________________________________________
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BOROUGH OF MIDDLESEX
OWNERSHIP STATEMENT - STOCKHOLDER DISCLOSURE FORM
LEGAL NAME OF BIDDER: ___________________________________________________________
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
Other, Please List __________________________________
List the names and addresses of all stockholders who own ten (10%) percent or more of the above company’s stock, and if
there are NO STOCKHOLDERS OF 10% OR MORE, simply check the second box below. If one or more such
stockholders or partner is itself a corporation or partnership, the stockholders holding 10% or more of that corporation's
stock, or the individual partners owning 10% of that corporation's stock, or the individual partners owning 10% or greater
interest in that partnership, as the case may be, must also be listed.
The disclosure shall be continued until names and addresses of every person who is a non-corporate
stockholder, or individual partner, exceeding the 10% ownership criteria established in this act, has been
listed, in full compliance with Chapter 33 of the New Jersey Public Laws of 1977.
BIDDERS/RESPONDENTS MUST CHECK THE APPROPRIATE BOX:
I certify that the list below contains the names and addresses of all stockholders holding 10% or more of the issued
and outstanding stock of the undersigned.
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned.
Publicly Traded - For publicly traded entities to comply with N.J.S.A. 52:25-24.2 they may submit the name and address
of each publicly traded entity, and the name and address of each person holding 10% or more beneficial interest in the
publicly traded entity as of the last annual filling with the Security Exchange Commission (SEC), or foreign equivalent
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing, or foreign equivalent:
____________________________________________________________________________________________
The requested information is available on the following page number(s) of the SEC, or foreign equivalent, filing:
____________________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
(Note: Attach additional pages if necessary)
________________________________________________________________
______________
(Respondent/Respondent Authorized Signature)
(Date)
___________________________________________
______________________________________
(Print name of authorized signatory)
(Title)
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BOROUGH OF MIDDLESEX
NON-COLLUSION AFFIDAVIT
State of _____________
County of _____________
ss:
I, _____________________________ of the City of _______________________________
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 bidder making this Proposal for the above named project, and that I executed the said proposal
with full authority so to do; that said bidder has not, directly or indirectly entered into any
agreement, participated in any collusion, or otherwise taken any action in restraint of free,
competitive bidding in connection with the above named project; and that all statements contained
in said proposal and in this affidavit are true and correct, and made with full knowledge that the
Borough of Middlesex 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_________________________________.
(Name of Contractor)
(N.J.S.A. 52:34-15)
Subscribed and sworn to
Before me this _______day
Of ___________, _______.
Signature
(Type or print name of affiant under signature)
_______________________________________
Notary public of
My Commission expires ___________________.
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BOROUGH OF MIDDLESEX
INSURANCE REQUIREMENTS AND ACKNOWLEDGEMENT FORM
Certificate(s) of Insurance shall be filed with the Borough Clerk’s Office upon award of
contract by the Mayor and Borough Council.
The minimum amount of insurance to be carried by the Professional Service Entity shall
be as follows:
PROFESSIONAL LIABILITY INSURANCE
Limits shall be a minimum of $2,000,000.00 for each claim and $4,000,000.00
aggregate each policy period.
Acknowledgement of Insurance Requirement:
________________________________________________________________
(Signature)
(Date)
________________________________________________________________
(Printed Name and Title)
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EXHIBIT A
EEO/AFFIRMATIVE ACTION COMPLIANCE NOTICE
N.J.S.A. 10:5-31 and N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance
to the Borough and Division of Public Contracts Equal Employment Opportunity Compliance. During
a review, Division representatives will review the Borough files to determine whether the
affirmative action evidence has been submitted by the vendor/contractor. Specifically, each
vendor/contractor shall submit to the Borough, prior to execution of the contract, one of the
following documents:
Goods and General Service Vendors
1. Letter of Federal Approval indicating that the vendor is under an existing federally approved or
sanctioned affirmative action program. A copy of the approval letter is to be provided by the
vendor to the Borough and the Division. This approval letter is valid for one year from the date
of issuance.
Do you have a federally-approved or sanctioned EEO/AA program?
Yes
No
If yes, please submit a photo static copy of such approval.
2. A Certificate of Employee Information Report (hereafter “Certificate”), issued in accordance with
N.J.A.C. 17:27-1.1 et seq. The vendor must provide a copy of the Certificate to the Borough as
evidence of its compliance with the regulations. The Certificate represents the review and
approval of the vendor’s Employee Information Report, Form AA-302 by the Division. The
period of validity of the Certificate is indicated on its face. Certificates must be renewed prior to
their expiration date in order to remain valid.
Do you have a State Certificate of Employee Information Report Approval?
Yes
No
If yes, please submit a photo static copy of such approval.
3. The successful vendor shall complete an Initial Employee Report, Form AA-302 and submit it to
the Division with $150.00 Fee and forward a copy of the Form to the Borough. Upon submission
and review by the Division, this report shall constitute evidence of compliance with the
regulations. Prior to execution of the contract, the EEO/AA evidence must be submitted.
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on
the Division website www.state.nj.us/treasury/contract_compliance.
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal
Employment Opportunity Compliance, with a copy to Public Agency.
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 and N.J.A.C. 17:27 and agrees to furnish the required forms of
evidence.
The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27.
COMPANY: ______________________________ SIGNATURE: ____________________________
PRINT NAME:___________________________ TITLE: __________________________________
DATE: __________________
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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 Borough employment goals
established in accordance with N.J.A.C. l7:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited
to, employment agencies, placement bureaus, colleges, universities, 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 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 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 www.state.nj.us/treasury/contract_compliance).
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.
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SAMPLE CERTIFICATE OF EMPLOYEE INFORMATION REPORT
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BOROUGH OF MIDDLESEX
AMERICANS WITH DISABILITIES ACT OF 1990
Equal Opportunity for Individuals with Disability
The Contractor and the Owner, do hereby agree that the provisions of Title 11 of the Americans
With Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 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 owner
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 owner in any action or administrative proceeding commenced pursuant
to this Act. The contractor shall indemnify, protect, and save harmless the 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 owner’s
grievance procedure, the contractor agrees to abide by any decision of the owner which is rendered
pursuant to said grievance procedure. If any action or administrative proceeding results in an
award of damages against the owner, or if the 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 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 owner or any of its agents, servants, and
employees, the owner shall expeditiously forward or have forwarded to the contractor every
demand, complaint, notice, summons, pleading, or other process received by the owner or its
representatives.
It is expressly agreed and understood that any approval by the 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 owner pursuant to this
paragraph.
It is further agreed and understood that the 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 owner from taking any other actions available to it
under any other provisions of the Agreement or otherwise at law.
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BOROUGH OF MIDDLESEX
THESE ARE SAMPLES OF THE ONLY ACCEPTABLE
BUSINESS REGISTRATION CERTIFICATES
PREFER SUBMITTED WITH BID RESPONSE
REQUIRED BY LAW PRIOR TO AWARD OF CONTRACT
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BOROUGH OF MIDDLESEX
DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
BID/RFP/Solicitation Number:
Bidder/Offeror:
Part 1: Certification
BIDDERS ARE TO COMPLETE PART 1 BY CHECKING EITHER BOX
Pursuant to Public Law 2012, c. 25, any person or entity that submits a bid or proposal or otherwise proposes to enter into
or renew a contract must complete the certification below to attest, under penalty of perjury, that neither the person or
entity, nor any of its parents, subsidiaries, or affiliates, is identified on the Department of the Treasury’s Chapter 25 list as a
person or entity engaging in investment activities in Iran. The Chapter 25 list is found on the Division’s website at
http://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf. Bidders must review this list prior to completing the
below certification. Failure to complete the certification may render a bidder’s proposal non-responsive. If the Director
finds a person or entity to be in violation of the law, s/he shall take action as may be appropriate and provided by law, rule
or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party
in default and seeking debarment or suspension of the party.
PLEASE CHECK THE APPROPRIATE BOX:
I certify, pursuant to Public Law 2012, c. 25, that neither the bidder listed above nor any of the bidder’s parents,
subsidiaries, or affiliates is listed on the N.J. Department of the Treasury’s list of entities determined to be engaged
in prohibited activities in Iran pursuant to P.L. 2012, c. 25 (“Chapter 25 List”). I further certify that I am the
person listed above, or I am an officer or representative of the entity listed above and am authorized to make this
certification on its behalf. I will skip Part 2 and sign and complete the Certification below.
OR
I am unable to certify as above because the bidder and/or one or more of its parents, subsidiaries, or affiliates is
listed on the Department’s Chapter 25 List. I will provide a detailed, accurate and precise description of the
activities in Part 2 below, sign and complete the Certification below.
PART 2: PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN
You must provide a detailed, accurate and precise description of the activities of the bidding person/entity, or one of its
parents, subsidiaries or affiliates, engaging in the investment activities in Iran on additional sheets provided by you.
Certification: I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any
attachments thereto to the best of my knowledge are true and complete. I attest that I am authorized to execute this
certification on behalf of the above-referenced person or entity. I acknowledge that Borough of Middlesex is relying on the
information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this
certification through the completion of any contracts with the Borough to notify the Borough in writing of any changes to the
answers of information contained herein. I acknowledge that I am aware that it is a criminal offense to make a false
statement or misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal prosecution
under the law and that it will also constitute a material breach of my agreement(s) with the Borough of Middlesex, New
Jersey and that the Borough at its option may declare any contract(s) resulting from this certification void and
unenforceable.
Full Name (Print)___________________________________ Signature: _______________________________________
Title _____________________________________________ Date:____________________
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BOROUGH OF MIDDLESEX
ACKNOWLEDGMENT OF RECEIPT OF ADDENDA
The undersigned Bidder hereby acknowledges receipt of the following Addenda:
ADDENDUM
NUMBER
DATE
ACKNOWLEDGE RECEIPT
(Initial)
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
No Addenda were received:
Acknowledged for:
(Name of Bidder)
By:
(Signature of Authorized Representative)
Name:
(Print or Type)
Title:
Date:
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EXHIBIT A
EVALUATION SHEET
BOROUGH OF
MIDDLESEX
EVALUATORS NAME
Write NA if
category
COMPANY NAME
does not apply.
Understanding the Requested Work
10 Points
Category
0 Points
1 - 2 Points
3 - 4 Points
Points Given
Demonstrates clear
Does not demonstrate clear
Proposal points are
Proposal is clear, readable
understanding
understanding
adequately defined
and precise
0 Points
1 - 2 Points
3 Points
Completeness and
Does not address major
Proposal absent some non-
Proposal complete and
responsiveness to RFP
requirements
critical points
responsive
Compliance with
Does not comply
Complies substantially
Complies with all
instructions and requests
instructions and requests
Knowledge and Professional Compliance
25 Points
Category
0 - 2 Points
3 - 4 Points
5 - 6 Points
Points Given
Education and training of
Minimal training, no formal
Some prior experience, some
High level of education and
employees, suitability to
education, new performer
training and documented
training, well proven
perform the required tasks
performance
performance
0 Points
1 - 2 Points
3 - 7 Points
Does respondent have the
Not adequately documented
Proposal uses some current
Well documented use of the
character, integrity,
technology
latest technologies
reputation, judgment,
experience & efficiency
required by the Professional
0 Points
1 - 2 Points
3 - 4 Points
QA/QC Process
Not adequately documented
QA/QC documented, but
QA/QC documented with
with little oversight
significant oversight
0 Points
1 - 3 Points
4 - 8 Points
Primary Professional vs.
More than one Sub-
Only one Sub-Professional
Primary Professional will do
subcontracted resources
Professional
providing 50% of resources
entire project
depending on nature of sub
to be used
and percentage of project
Ability to Perform Services in a Timely Manner
15 Points
Category
0 Points
1 - 2 Points
3 - 4 Points
Points Given
Scheduling Timeline
Cannot meet schedule
Meets most of schedule
Meets entire schedule
0 - 1 Points
2 - 3 Points
4 - 6 Points
Personnel & Resources
May not be sufficient
Sufficient for project
Dedicated resources
0 - 2 Points
3 - 4 Points
5 Points
Primary Professional
Primary Professional has not
Primary Professional has
No Sub-Professional or a
relationship Sub-
worked with Sub-
limited experience with Sub-
proven record with Sub-
Professionals
Professional
Professional
Professional
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Management, Experience and Personnel Qualifications
25 Points
Category
0 Points
1 - 2 Points
3 Points
Points Given
Project Management Plan
Not demonstrated as sound
Plan is average
Plan is sound and detailed
Project Management Team
Does not meet qualifications
Qualified but little
Well qualified and has
experience working together
collaborated on similar projects
0 Points
1 -2 Points
3 - 5 Points
Record of reliability and
Not documented
Some documentation
Track record of high quality
quality of service
0 - 1 Points
2 - 4 Points
5 - 7 Points
Scope of Work Experience
Few related projects
Some similar projects
Numerous similar projects
Experience in performing
Limited experience
Good experience
Exceptional experience
similar work by employees
Management, Experience and Personnel Qualifications
25 Points
Category
0 Points
2 Points
3 Points
Points Given
Explanation of costs
Costs not explained
Some correlation provided
Well documented
0 - 4 Points
5 - 10 Points
11 - 15 Points
Cost comparison
Highest third in salary
dollars
Middle third in salary dollars
Lowest third in salary dollars
0 - 1 Points
2 - 3 Points
4 - 6 Points
Other costs, copies, travel, etc
Travel and copy cost in
Copy cost equal to OPRA
costs
None
excess of OPRA
0 Points
1 - 2 Points
3 Points
Additional Services
No needed additional
Possible additional services
Needed additional services
services identified
identified, costs not included
identified and included
TOTAL POINTS AWARDED
--- Document: RFP - ADDENDUM No. 1 ---
BOROUGH OF MIDDLESEX
NOTICE OF ADDENDUM NO. 1
PROFESSIONAL SERVICES FOR 2022
Addendum No. 1 has been issued for the RFP pertaining to Professional
Services for 2022 for the Borough of Middlesex on Monday, December 6,
2021, and posted on Borough website.
TO ALL CONCERNED: The original bid specification package for the above
referenced project is amended as noted in Addendum No. 1.
CONCERNING CORRECTION TO SOLICIATION FOR ENGINEERING
SERVICES - LAND USE BOARD
1) The Borough of Middlesex is not seeking solicitations for ENGINEERING
SERVICES – LAND USE BOARD as noted on the Notice to Bidders.
Therefore, it is removed from the Notice to Bidder.
Carmen Modica
Purchasing Agent
--- Document: REQUEST FOR PROPOSAL - Public Relations and Design Consulting Services for 2022 ---
Borough of Middlesex
1200 Mountain Avenue
Middlesex, New Jersey 08846
(732) 356-7400 ext. 237
NOTICE TO BIDDERS
RFP-002-2021
BOROUGH OF MIDDLESEX
PUBLIC NOTICE UNDER A FAIR AND OPEN PROCESS FOR THE SOLICITATION
OF
QUALIFICATIONS AND RATES PURSUANT TO N.J.S.A 40A:11-4.1 FOR PUBLIC
RELATIONS AND DESIGN CONSULTING SERVICES
FOR APPOINTMENT FROM
JANUARY 1, 2022 THROUGH DECEMBER 31, 2022
AND SPECIAL PROJECTS ON A PROJECT BY PROJECT BASIS
NOTICE IS HEREBY GIVEN that sealed submissions will be received by the Middlesex
Borough Clerk or designated representative, for Middlesex Borough, on Tuesday, December 7,
2021 at 11:00 a.m. prevailing time, in the Municipal Building, 1200 Mountain Avenue,
Middlesex, New Jersey 08846, then publicly opened for the following position:
PUBLIC RELATIONS AND DESIGN CONSULTING SERVICES
All contractors that are awarded competitive contracts pursuant to N.J.S.A. 40A:11-4.1(m) are
required to comply with the requirements of N.J.S.A. 52:32-44 (Business Registration of Public
Contractors), N.J.S.A. 52:25-24.2 (Statement of Corporate Ownership), 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). The submission package may be obtained via email by contacting the Purchasing
Agent, Carmen Modica at cmodica@middlesexboro-nj.gov and providing your contact
information. Contact information to include vendor name and address, contact person, telephone
number.
The Borough reserves the right to reject any or all submissions due to any defects or waive
informalities and accept any submissions that in their judgment will be in the best interest of the
Borough. Questions concerning this notice may be directed to Marcia Karrow at (732) 356-7400
ext. 264.
Date Advertised: Monday, November 15, 2021
Carmen Modica, CMR
Purchasing Agent
Deputy Registrar
Administrative Assistant
--- Document: RFP - ADDENDUM No. 1 ---
BOROUGH OF MIDDLESEX
NOTICE OF ADDENDUM NO. 1
PUBLIC RELATIONS AND CONSULTING SERVICES
Addendum No. 1 has been issued for the RFP pertaining to Public Relations and Consulting Services
for the Borough of Middlesex on Tuesday, November 23, 2021, and posted on Borough website.
TO ALL CONCERNED: The original bid specification package for the above referenced project is
amended as noted in Addendum No. 1.
CONCERNING THE TERM OF CONTRACT
Correction to the Term of Contract: Term of contract is listed as January 1, 2021 through December
31, 2021. Term of contract is from January 1, 2022 through December 31, 2022.
Carmen Modica
Purchasing Agent
--- Document: Request for Bids - Professional Services For 2022 ---
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1
RFP – 001-2021
PUBLIC NOTICE UNDER A FAIR AND OPEN PROCESS FOR THE SOLICITATION OF
QUALIFICATIONS AND RATES FOR VARIOUS PROFESSIONALS
FOR APPOINTMENT JANUARY 1, 2022 THROUGH DECEMBER 31, 2022
AND SPECIAL PROJECTS ON A PROJECT BY PROJECT BASIS
NOTICE IS HEREBY GIVEN that sealed submissions will be received by the Purchasing
Agent or designated representative, for Middlesex Borough, on Wednesday, December 1, 2021 at 11:00
am prevailing time, in the Municipal Building, 1200 Mountain Avenue, Middlesex, New Jersey 08846,
then publicly opened for the following positions:
•
Auditing Services
•
Engineering Services – Borough
•
Engineering Services – Alternate
•
Engineering Services – Land Use Board
•
Engineering Services - Environmental
•
Legal Counsel – Bond
•
Legal Counsel – Municipal Attorney
•
Legal Counsel – Conflict Municipal
•
Legal Counsel – Land Use Board
•
Legal Counsel – Tax Appeals
•
Legal Counsel – Municipal Prosecutor
•
Legal Counsel – Labor
•
Legal Counsel – Redevelopment
•
Legal Counsel – Conflict Redevelopment
•
Legal Counsel – Environmental
•
Professional Planner – Borough
•
Professional Planner – Land Use Board
•
Sewage Collection System Operator – C-4 License Operator
•
Public Defender
•
Alternate Public Defender
•
Risk Management Consultant
All professional service contractors are required to comply with 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). The submission
package is printable from the website www.middlesexboro-nj.gov or may be obtained at the Clerk’s
Office, Municipal Building,1200 Mountain Avenue, Middlesex, New Jersey 08846 during regular
business hours (9:00 a.m. – 4:00 p.m.). If submitting for more than one (1) professional service, you
must submit separate proposals for each service.
Borough of Middlesex
1200 Mountain Avenue
Middlesex, New Jersey 08846
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The Borough reserves the right to reject any or all submissions due to any defects or waive informalities
and accept any submissions that in their judgment will be in the best interest of the Borough. Questions
concerning this notice may be directed to Marcia Karrow, Borough Administrator,
mkarrow@middlesexboro-nj.gov.
Dated Advertised: November 8, 2021
Carmen Modica
Purchasing Agent
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BOROUGH OF MIDDLESEX
GENERAL INSTRUCTIONS
1. Introduction
The Borough of Middlesex, Middlesex County, State of New Jersey (hereinafter called the “OWNER”)
invites submissions for the service(s) mentioned in the Public Notice for Professional Services
Qualifications and Rates for 2022.
This contract is to furnish and deliver various professional services for the Borough of Middlesex
through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et. seq.
2. Administrative Conditions and Requirements
The following items express the conditions and requirements of this RFP. Together with the other RFP
sections, they apply to the RFP process, the subsequent contract, and project production. Any proposed
change, modification, or exception to these conditions and requirements may be the basis for the owner
to determine the proposal as non-responsive to the RFP and will be a factor in the determination of an
award of a contract. The contents of the proposal of the successful respondent, as accepted by the owner,
will become part of any contract awarded as a result of this RFP.
2.1 Proposal Submission Information
Submission Date and Time: Wednesday, December 1, 2021 at 11:00am
One (1) Original signed in ink & one (1) copy of the RFP response.
Submission Office:
Purchasing Agent, Clerk’s Office
1200 Mountain Avenue
Middlesex, NJ 08846
Each submission must be provided on a Standardized Submission Form as supplied in the submission
package and signed by the professional services entity or principal thereof. All prices and amounts must
be written in ink or preferably typewritten. Each signatory to the submission must initial all erasures or
corrections. If submitting for more than one (1) professional service, you must submit separate
proposals for each service.
Each submission shall be contained in a sealed envelope addressed to: Purchasing Agent, Borough of
Middlesex, 1200 Mountain Ave., Middlesex, NJ 08846, and said envelope shall specify the appointment
Title/Professional Service for which the submission is provided. The submission is to be clearly marked
(indicating the category of the professional service) – “Sealed Submission Enclosed” (e.g. Borough
Auditor – sealed submission enclosed) and must be delivered at the place and time required or mailed so
as to be received prior to the opening time set in the advertisement. Submissions received after the hour
herein named or in unsealed envelopes shall not be considered. The original proposal shall be signed in
ink and marked to distinguish it from the one (1) copy. Faxed or emailed proposals will NOT be
accepted.
The 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.
Responses delivered before the submission date and time specified above may be withdrawn upon
written application of the respondent who shall be required to produce evidence showing that the
individual is or represents the principal or principals involved in the proposal. After the submission date
and time specified above, responses must remain firm for a period of sixty (60) days.
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The submission shall be accompanied by: (1) Non-Collusion Affidavit, (2) Disclosure of Ownership
Form, (3) Insurance Requirement Acknowledgement Form, (4) Mandatory Equal Employment
Opportunity Notice Acknowledgement, (5) Copy of the applicable Business Registration Certificate, (6)
Professional Services Entity Information Form, (7) Qualifications Submission, (8) List of Contribution,
(9) Disclosure of Investment Activities in Iran and (10) Acknowledgement of Corrections, Additions or
Deletions Form.
2.2 Borough Representative for this Solicitation
Questions by prospective respondents concerning this RFP may be addressed to Marcia Karrow in
writing via email mkarrow@middlesexboro-nj.gov. Please note the aforementioned contact is
authorized only to direct the attention of prospective respondents to various portions of the requirements
so that they may read and interpret each portion for themselves. NO employee of the Borough of
Middlesex is authorized to give interpretations of any portion of this RFP or to give information as to the
requirements for the RFP in addition to that already contained in the RFP unless as a formal addenda.
Interpretations of the RFP or additional information as to its requirements, when necessary, shall be
communicated to prospective respondents only by written addendum issued by the Purchasing Agent of
the Borough of Middlesex.
Please identify the contract name and note Request for Information as the subject line when submitting
a request by fax or email.
2.3 Interpretations and Addenda
Respondents are expected to examine the RFP with care and observe all its requirements. All questions
about the meaning or intent of this RFP, all interpretations and clarifications considered necessary by the
owner’s representative in response to such comments and questions will be issued by Addenda mailed or
delivered to all parties recorded as having received the RFP package. Only comments and questions
responded to by formal written Addenda will be binding. Oral interpretations, statements or
clarifications are without legal effect.
2.4 Quantities of Estimate
Wherever the estimated quantities of work to be done are shown in any section of this RFP, including
the Proposal Cost Form, they are given for use in comparing proposals. The owner especially reserves
the right (except as herein otherwise specifically limited) to increase or diminish the quantities as may
be deemed reasonably necessary or desirable by the owner to complete the work detailed by the
contract. Such increase or diminution shall in no way violate this contract, nor shall any such increase or
diminution give cause for claims or liability for damages.
2.5 Cost Liability and Additional Costs
The owner assumes no responsibility and liability for costs incurred by the respondents prior to the
issuance of an agreement. The liability of the owner shall be limited to the terms and conditions of the
contract.
Respondents will assume responsibility for all costs not stated in their proposals. All unit rates either
stated in the proposal or used as a basis for its pricing are required to be all-inclusive. Additional
charges, unless incurred for additional work performed by request of the owner as noted in 2.4, are not
to be billed and will not be paid.
2.6 Statutory and Other Requirements
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2.6.1 Compliance with Laws
Any contract entered into between the contractor and the owner must be in accordance with and subject
to compliance by both parties with the New Jersey Local Public Contracts Law. The contractor must
agree to comply with the non-discrimination provisions and all other laws and regulations applicable to
the performance of services there under. The respondent shall sign and acknowledge such forms and
certificates as may be required by this section.
2.6.2 Mandatory EEO/Affirmative Action Compliance - N.J.S.A 10:5-31 et seq. and N.J.A.C 17:27
et seq.
No firm shall be issued a contract unless it complies with the EEO/Affirmative Action requirements of
P. L. 1975, C. 127 as identified in the documents attached hereto. The form shall be properly executed.
2.6.3 Americans with Disabilities Act of 1990 - 42 U.S.C. S121 01 et seq.
Discrimination on the basis of disability in contracting for the delivery of services is prohibited.
Respondents are required to read American with Disabilities language that is part of the documents
attached hereto and agree that the provisions of Title II of the Act are made part of the contract. The
contractor is obligated to comply with the Act and hold the owner harmless.
2.6.4 Statement of Corporate Ownership-Stockholder Disclosure - N.J.S.A. 52:25-24.2 (P.L. 1977
c.33)
In accordance with N.J.S.A. 52:25-24.2, no corporation, partnership, limited partnership, limited liability
corporation, limited liability partnership, Subchapter S corporation or sole proprietorship, shall be
awarded a contract, unless prior to the receipt of the RFP response/bid or accompanying the RFP
response/bid of the corporation, partnership, limited partnership, limited liability corporation, limited
liability partnership, Subchapter S corporation or sole proprietorship, there is submitted to the Borough a
statement setting forth the names and addresses of all stockholders who own 10% or more of the stock,
of any class or of all individual partners who own a 10% or greater interest in the corporation,
partnership, limited partnership, limited liability corporation, limited liability partnership, Subchapter S
corporation or sole proprietorship. If one or more such stockholder or partner is itself a corporation or
partnership, the stockholders holding 10% or more of that corporation’s stock, or the individual partners
owning 10% or greater interest in that partnership, as the case may be, shall also be listed. The
disclosure shall be continued until names and addresses of every non-corporate stockholder and
individual partner, exceeding the 10% ownership criteria established in this act has been listed. The form
shall be signed and submitted with the RFP proposal/bid whether or not a stockholder or partner owns
less than 10% of the business submitting the RFP proposal/bid. Failure to comply requires mandatory
rejection of the RFP proposal/bid. The Respondent shall complete and submit the form of statement that
is included in this RFP.
2.6.5 Non-Collusion Affidavit - N.J.S.A. 52:34-15
The Non-Collusion Affidavit, which is part of this RFP, shall be properly executed and submitted with
the RFP response.
2.6.6 Proof of N.J. Business Registration Certificate N.J.S.A. 52:32-44
Each bidder (contractor) is required to submit proof of business registration prior to award of the
contract. Proof of registration shall be a copy of the bidder’s Business Registration Certificate (BRC).
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 obtain and provide the owner the BRC of subcontractors knowingly
used on this contract.
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2. The contractor shall maintain and submit to the contracting agency a list of
subcontractors and their addresses that may be updated from time to time during the
course of the contract performance. A complete and accurate list shall be submitted
before final payment is made for goods and services rendered under the contract.
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 taxable sales of tangible personal
property delivered into the State.
Failure to submit the BRC with the proposal is NOT a cause for rejection. However, the Borough
prefers the BRC be submitted with the proposal. If it is not provided prior to execution of a contract the
bidder’s bid guarantee shall be forfeited and the contract shall be awarded to the next lowest responsible
bidder.
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 $25.00 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.
A BRC is obtained from the New Jersey Division of Revenue and Enterprise Services. Information on
obtaining a BRC is available on the internet at www.nj.gov/treasury/revenue/busregcert.shtml or by
phone at (609) 292-2929.
Emergency Purchases or Contracts
For purchases of an emergent nature, the contractor shall provide its Business Registration Certificate
within two weeks from the date of purchase or execution of the contract or prior to payment for goods or
services, whichever is earlier.
2.6.7 Pay to Play – Notice of Disclosure Requirement
Business entities are advised of their responsibility to file an annual disclosure statement of political
contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A.
19:44A-20.27 if they receive contracts in excess of $50,000 from public entities in a calendar year.
Business entities are responsible for determining if filing is necessary. Additional information on this
requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.
2.6.8 Assign, Sublet or Transfer Any Rights/Interests
Neither the owner nor the Contractor shall assign, sublet, or transfer any rights or interest in this
Agreement without the prior written consent of the other party. Unless specifically stated to the contrary,
in writing, prior to an assignment, no assignment will release or discharge the assignor from any duty or
responsibility under this Agreement. Nothing herein shall be construed to give any rights or benefits to
anyone other than the owner and the Contractor.
2.6.9 Insurance and Indemnification
If it becomes necessary for the contractor, either as principal or by agent or employee, to enter upon the
premises or property of the owner in order to construct, erect, inspect, make delivery or remove property
hereunder, the contractor hereby covenants and agrees to take use, provide and make all proper,
necessary and sufficient precautions, safeguards, and protection against the occurrence of happenings of
any accident, injuries, damages, or hurt to person or property during the course of the work herein
covered and be his/her sole responsibility.
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The contractor shall maintain sufficient insurance to protect against all claims under Workers
Compensation, General Liability and Automobile and shall be subject to approval for adequacy of
protection and certificates of such insurance shall be provided.
Indemnification
The contractor agrees to indemnify and save harmless the owner, its officers, agents and employees,
hereinafter referred to as indemnitees, from all suits, including attorney’s fees and costs of litigation,
actions, loss damage, expense, cost of claims, of any character or on account of any act, claim or amount
arising or recovered under Worker’s Compensation law, or arising out of failure of the Contractor or
those acting under Contractor to conform to any statutes, ordinances, regulations, law or court decree. It
is the intent of the parties to this contract that the indemnities shall, in all instances, except for loss or
damage resulting from the sole negligence of the indemnitee, be indemnified against all liability, loss or
damage of any nature whatsoever.
Insurance Requirements:
Worker’s Compensation and Employer’s Liability Insurance
This insurance shall be maintained in full force during the life of this contract by the contractor covering
all employees engaged in performance of this contract pursuant to N.J.S.A. 34:15-12(a) and N.J.A.C.
12:235-1.6. Minimum Employer’s Liability $1,000,000.00.
General Liability Insurance
This insurance shall have limits of not less than $3,000,000.00 any one person and $3,000,000.00 any
one accident for bodily injury and $3,000,000.00 aggregate for property damage and shall be maintained
in force during the life of the contract.
Automobile Liability Insurance
This insurance covering contractor for claims arising from owned, hired and non-owned vehicles with
limits of not less than $3,000,000.00 any one person and $3,000,000.00 any one accident for bodily
injury and $3,000,000.00 each accident for property damage, shall be maintained in force during the life
of this contract by the contractor.
Professional Liability/Malpractice Insurance Policy (if applicable)
Coverage in the amount of $2,000,000.00/occurrence, $4,000,000.00 aggregate and assurance that each
such policy for each staff member remains full and in effect while providing services for owner.
The contractor shall provide the owner with a Certificate of Insurance naming the Borough of Middlesex
as additionally insured, evidencing the existence of required insurance prior to the commission of work.
Said insurance must include coverage for complete operations, contractual insurance and independent
contractor or subcontractor insurance, where and if applicable.
Errors and Omissions Insurance
A.
The contractor shall purchase and maintain during the entire period of this contract, errors
and omissions insurance that shall protect the contractor and the Borough from any and all
claims that may arise out of or result from the contractor’s performance of this contract.
Specifically, the errors and omissions insurance shall have limits of not less than
$2,000,000.00 dollars per occurrence and $4,000,000.00 dollars in the aggregate.
B.
Certificates of the Required Insurance
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Certificates as listed above shall be submitted along with the contract as evidence covering
Errors and Omissions insurance. Such coverage shall be with acceptable insurance
companies operating on an admitted basis in the State of New Jersey.
The contractor shall provide the Borough with a Certificate of Insurance naming the
Middlesex Borough, its employees, officers, and agents as additionally insured, and
evidencing the existence of required insurance prior to the commission of work.
Middlesex Borough will not accept Mutual Limitation of Liability terms.
2.6.10 Health Insurance Portability and Accountability Act of 1996 - HIPAA (If Applicable)
Both parties agree to comply with all requirements of the Federal Health Insurance Portability and
Accountability Act of 1996 (“HIPAA”) as maybe amended from time to time, and the corresponding
HIPAA regulations for the confidentiality and security of medical information.
The Contractor shall:
• Not use or disclose protected health information other than as permitted or required by law
• Use appropriate safeguards to protect the confidentiality of the information
• Report any use or disclosure not permitted
The contractor, by execution of the contract, shall thereby indemnify and hold the owner harmless from
any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the
failure of the contractor to comply with the requirements of the Health Insurance Portability and
Accountability Act (HIPAA) or any other statute or case law protecting the privacy of persons using its
services.
2.6.11 Proof of Licensure
Proof of licensure for providing Services in the State of New Jersey, for either the firm or the person
responsible for the work, shall be provided as required.
2.6.12 Disclosure of Investment Activities in Iran – P.L. 2012, c. 25
P.L. 2012, c.25 prohibits State and local public contracts with persons or entities engaging in certain
investment activities in energy or finance sectors of Iran.
2.7 Public Emergency
In the event of a Public Emergency declared at the Local, State or Federal Level, if the owner opts to
extend terms and conditions of this RFP, the contractor agrees to extend the terms and conditions of this
RFP, whether existing, expiring or expired no longer than six months, for goods and/or services for the
duration of the emergency. In the event the original contractor cannot meet this requirement, the owner
may solicit the goods and/or services from any bidder on this contract.
2.8 Multiple Proposals Not Accepted
More than one proposal from an individual, a firm or partnership, a corporation or association under the
same or different names shall not be considered.
2.9 Failure to Enter Contract
Should the respondent, to whom the contract is awarded, fail to enter into a contract within ten (10)
days, Sundays and holidays excepted, the owner may then, at its option, accept the proposal of another
respondent.
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2.10 Commencement of Work
The contractor agrees to commence work after the date of award by the owner and upon notice from the
using department.
2.11 Time of Completion
It is hereby understood and mutually agreed, by and between the respondent and the owner, that the date
on which the work shall be substantially complete as specified in the RFP is an essential condition of
this contract. It is further mutually understood and agreed that the work and contract time embraced in
this Contract shall commence on the date specified and that the resulting contract shall be completed in
sequence and time frames identified by the owner.
The respondent agrees that said services shall be processed regularly, diligently, and uninterruptedly at
such rate of progress as will ensure full completion thereof within the time specified. It is expressly
understood and agreed, by and between the respondent and the owner, that the time of completion of the
services described herein is a reasonable time for the completion of it.
2.12 Termination of Contract
If, through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations under
the Contract or if the contractor violates any requirements of the Contract, the owner shall thereupon
have the right to terminate the Contract by giving written notice to the contractor of such termination at
least thirty (30) days prior to the proposed effective date of the termination. Such termination shall
relieve the owner of any obligation for the balances to the contractor of any sum or sums set forth in the
Contract.
The contractor agrees to indemnify and hold the owner 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 owner under this provision.
In case of default by the contractor, the owner may procure the articles or services from other sources
and hold the contractor responsible for any excess cost occasioned thereby.
2.13 Non-Allocation of Funding Termination
Each fiscal year payment obligation of the Owner is conditioned upon the availability of Owner funds
appropriated or allocated for the payment of such an obligation. If funds are not allocated and available
for the continuance of any services performed by the Contractor hereunder, whether in whole or in part,
the Owner at the end of any particular fiscal year may terminate such services. The Owner will notify
the Contractor in writing immediately of any services that will be affected by a shortage of appropriated
funds. This provision shall not be construed so as to permit the Owner to terminate this Agreement
during the term, or any service hereunder, merely in order to acquire identical services from a third-party
contractor.
2.14 Force Majeure
Neither party shall be responsible for any resulting loss or obligation to fulfill duties as specified in any
of the terms or provisions of this Agreement if the fulfillment of any term or provision of this
Agreement is delayed or prevented by any revolutions, insurrections, riots, wars, acts of enemies,
national emergencies, strikes, floods, fires, acts of God, or by any cause not within the control of the
party whose performance is interfered with which by the exercise of reasonable diligence such party is
unable to prevent. Additionally, if the fulfillment of any of the terms and provisions of this Agreement
is delayed or prevented by any court order, or action or injunction or other such agreement, this
Agreement shall become voidable by the Borough of Middlesex by notice to each party.
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2.15 The Owner and the Contractor each bind themselves and their successors, executors,
administrators, heirs and assigns and legal representatives of the other party respecting all covenants and
agreements and obligations of this contract.
2.16 The terms of this contract shall be construed and interpreted, and all respective rights and duties of
the parties shall be governed by the laws of the State of New Jersey.
2.17 Challenge of Specifications
Any respondent who wishes to challenge a specification shall file such challenge in writing with the
Purchasing Agent no less than three (3) business days prior to the opening of the RFP's.
Challenges filed after that time shall be considered void and having no impact on the owner or the award
of contract.
2.18 Payment
Invoices shall be submitted monthly and must specify, in detail, the period for which payment is
claimed, the services performed during the prescribed period, the amount claimed and correlation
between the services claimed, all backup documentation (mileage, time logs, receipts for expenses, etc.),
amount remaining in total balance, and the Proposal Cost Form.
The Borough of Middlesex will provide a sample Progress Report and Invoice for the Hired Consultant
to ensure compliance.
The owner may withhold all or partial payments on account of subsequently discovered evidence
including but not limited to the following:
1. Deliverables not complying with the project specification;
2. Claims filed or responsible evidence indicating probability of filing claims;
3. A reasonable doubt that the Contract can be completed for the balance then unpaid.
When the above grounds are removed, payment shall be made for amounts withheld because of them.
Invoices shall specify, in detail, the period for which payment is claimed, the services performed during
the prescribed period, the amount claimed and correlation between the services claimed and the Proposal
Cost Form.
2.19 Non-payment of Penalties and Interest on Overdue Bills
Public funds may be used to pay only for goods delivered or services rendered. The Borough of
Middlesex will not pay penalties and/or interest on overdue bills. No employee is authorized to sign a
letter of credit or any other document that represents a legal commitment on the part of the Borough to
pay additional fees.
2.20 Ownership of Material
The owner shall retain all of its rights and interest in any and all documents and property both hard copy
and digital furnished by the owner to the contractor for the purpose of assisting the contractor in the
performance of this contract. All such items shall be returned immediately to the owner at the expiration
or termination of the contract or completion of any related services, pursuant thereto, whichever comes
first. None of the documents and/or property shall, without the written consent of the owner, be
disclosed to others or used by the contractor or permitted by the contractor to be used by their parties at
any time except in the performance of the resulting contract.
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Ownership of all data, materials and documentation originated and prepared for the owner pursuant to
this contract shall belong exclusively to the owner. All data, reports, computerized information,
programs and materials related to this project shall be delivered to and become the property of the owner
upon completion of the project. The contractor shall not have the right to use, sell, or disclose the total of
the interim or final work products, or make available to third parties, without the prior written consent of
the owner.
Under state and federal statutes, certain government records are protected from public disclosure. The
Borough, the Contractor and any Subcontractors have a responsibility and an obligation to safeguard
from public access an employee's personal information with which it has been entrusted when disclosure
thereof would violate the employee's reasonable expectation of privacy. All payroll, personnel and
health insurance related files are confidential. Additionally, the Contractor and any Subcontractors may
be privy to sensitive law enforcement information or investigations during their review which must
remain confidential. The Borough reserves the right to make any public disclosure under the law. Also,
among government records deemed confidential are administrative or technical information regarding
computer hardware, software and networks that, if disclosed, would jeopardize computer security. The
Contractor and any Subcontractor(s) are prohibited from the sale or distribution of all supplied
information to any third party.
2.21 Source of Specifications/RFP Packages
Official Request for Proposal (RFP) packages for routine goods and services are available from
www.middesexboro-nj.gov at no cost to the prospective respondents. All addenda are posted on this
site. Potential respondents are cautioned that they are responding at their own risk if a third party
supplied the specifications that may or may not be complete. The Borough is not responsible for third
party supplied RFP documents.
2.22 Altering Official Document
Respondents shall not write in any margins or alter the official content of Borough’s RFP document.
2.23 RFP Preparation of Forms
RFPs must be signed in ink by the respondent; all quotations shall be made with a typewriter/computer
or pen and ink. Any quotation showing any erasure alteration must be initialed by the respondent in ink.
Unit prices and totals are to be inserted in spaces provided.
2.24 W-9
Successful bidder/respondent shall complete W-9 Form and submit to Finance prior to contract award.
The form is available at the following link: www.irs.gov/pub/irs-pdf/fw9.pdf
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3. SCOPE OF WORK (SOW)
The following is a description of the professional services needed, including where appropriate, a
description of tasks involved:
AUDITING SERVICES for the preparation of the annual audit and annual financial statements of the
Borough. The minimum threshold criteria that will be utilized for the evaluation of the responses shall
be as follows:
1) The auditor signing the opinion letter must be a certified public accountant and a registered
municipal accountant
2) Provide evidence of professional liability insurance
3) Experience in providing advice and recommendations in the review of capital project requests
and timing and issuing of debt instruments by public bodies
4) Experience in the budgeting process and preparation of audits and annual financial statements for
public entities for a minimum of five (5) years; and
5) Knowledge of the Borough and its operations
ENGINEERING SERVICES for the general operations of the Borough. The minimum threshold
criteria that will be utilized for the evaluation of the responses shall be as follows:
1) Licensed to provide engineering services in the State of New Jersey for a minimum of five (5)
years
2) Evidence of professional liability insurance
3) Provide evidence of professional liability insurance
4) Representation of government entities for a minimum of five (5) years
5) Experience in submitting Federal and State of New Jersey Grant Applications for various infra-
structure improvement projects
6) Experience in State of New Jersey Stormwater Management requirements, including preparation
of Stormwater Pollution Prevention Plan; and
7) Knowledge of the Borough and its operations
ENGINEERING SERVICES – ALTERNATE for the general operations of the Borough. The
minimum threshold criteria that will be utilized for the evaluation of the responses shall be as follows:
1) License to provide engineering services in the State of New Jersey for a minimum of five (5)
years
2) Evidence of professional liability insurance
3) Provide evidence of professional liability insurance
4) Representation of government entities for a minimum of five (5) years
5) Experience in submitting Federal and State of New Jersey Grant Applications for various infra-
structure improvement projects
6) Experience in State of New Jersey Stormwater Management requirements, including preparation
of Stormwater Pollution Prevention Plan; and
7) Knowledge of the Borough and its operations
ENGINEERING SERVICES - LAND USE BOARD. The minimum threshold criteria that will be
utilized for the evaluation of responses shall be as follows:
1) Licensed to provide engineering services in the State of New Jersey for a minimum of five (5)
years
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2) Evidence of professional liability insurance
3) Representation of government entities for a minimum of five (5) years
4) Experience in review of land use and site plan applications and all related reviews for a
minimum of five (5) years
5) Experience and knowledge of the laws and regulations controlling zoning, development and land
use
6) Experience and knowledge of DEP laws and regulations; and
7) Knowledge of the Borough Land Use Board and its applications
ENGINEERING SERVICES - ENVIRONMENTAL for the Borough of Middlesex. The minimum
threshold criteria that will be utilized for the evaluation of responses shall be as follows:
1) Licensed to provide environmental engineering services in the State of New Jersey for a
minimum of five (5) years
2) Evidence of professional liability insurance
3) Experience with environmental site assessment regulations of the New Jersey Department of
Environmental Protection and the United States Environmental Protection Agency including site
remediation and brownfield development
4) Experience with remediation procedures dealing with underground storage tanks and
surrounding facilities
5) Experience with all phases of landfill monitoring, including preparation and submission of all
documents as required by the State of New Jersey Department of Environmental Protection
6) Representation of government entities for a minimum of five (5) years; and
7) Knowledge of the Borough and its operations
LEGAL COUNSEL – BOND - The Borough requires legal services for the representation of the
Borough in issuing bonds and financings. The minimum threshold criteria that will be utilized for the
evaluation of the responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Representation of government entities in the field of public finance for a minimum of five (5)
years; and
4) Knowledge of the Borough and its operations
LEGAL COUNSEL – MUNICIPAL ATTORNEY - The Borough requires general legal counsel. The
minimum threshold criteria that will be utilized for the evaluation of the responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Experience in field of municipal law representing governmental entities including preparation of
ordinances and resolutions, tax appeals, property acquisitions, knowledge of rehabilitation laws
and tax abatement laws and condemnation proceedings for a minimum of five (5) years
4) Knowledge of the Borough and its operation
5) Draft or approve as to form and sufficiency all legal documents, contracts, deeds, ordinances and
resolutions made, executed or adopted by or on behalf of the Borough
6) With appropriate approval, conduct appeals from orders, decisions or judgments affecting any
interest of the Borough as the Attorney may in his/her discretion determine to be necessary or
desirable, or as directed by Mayor and Council
7) Subject to the approval of Mayor and Council, have the power to enter into any agreement,
compromise or settlement of any litigation in which the Borough is involved
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8) Render opinions in writing upon any question of law submitted to the Attorney by the Mayor,
Council, or any member thereof, or the head of any department, with respect to their official
powers and duties and shall perform such other duties as may be necessary to provide legal
counsel to the Mayor, Borough Council and Clerk in the administration of the municipal affairs
9) Supervise and direct the work of such additional attorneys and technical professional assistants
as the Council may authorize for special or regular employment in or for the Borough; and
10) Have such other different functions, powers and duties as may be provided by general law or
ordinance
LEGAL COUNSEL – CONFLICT MUNICIPAL ATTORNEY - The Borough requires general legal
counsel. The minimum threshold criteria that will be utilized for the evaluation of the responses shall be
as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Experience in field of municipal law representing governmental entities including preparation of
ordinances and resolutions, tax appeals, property acquisitions, knowledge of rehabilitation laws
and tax abatement laws and condemnation proceedings for a minimum of five (5) years
4) Knowledge of the Borough and its operation
5) Draft or approve as to form and sufficiency all legal documents, contracts, deeds, ordinances and
resolutions made, executed or adopted by or on behalf of the Borough
6) With appropriate approval, conduct appeals from orders, decisions or judgments affecting any
interest of the Borough as the Attorney may in his/her discretion determine to be necessary or
desirable, or as directed by Mayor and Council
7) Subject to the approval of Mayor and Council, have the power to enter into any agreement,
compromise or settlement of any litigation in which the Borough is involved
8) Render opinions in writing upon any question of law submitted to the Attorney by the Mayor,
Council, or any member thereof, or the head of any department, with respect to their official
powers and duties and shall perform such other duties as may be necessary to provide legal
counsel to the Mayor, Borough Council and Clerk in the administration of the municipal affairs
9) Supervise and direct the work of such additional attorneys and technical professional assistants
as the Council may authorize for special or regular employment in or for the Borough; and
10) Have such other different functions, powers and duties as may be provided by general law or
ordinance
LEGAL COUNSEL - LAND USE BOARD. The Borough requires general legal land use counsel.
The minimum threshold criteria that will be utilized for the evaluation of the responses shall be as
follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Experience in the field of municipal law representing governmental entities including land use
and site plan for a minimum of five (5) years; and
4) Knowledge of the Borough Land Use Board and its operations
LEGAL COUNSEL – TAX APPEALS - The Borough is seeking legal services for tax appeal
activities of the Borough. The minimum threshold criteria that will be utilized for the evaluation of the
responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
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3) Representation of governmental entities in the field of tax appeals, for a minimum of five (5)
years; and
4) Knowledge of the Borough and its operations
LEGAL COUNSEL – MUNICIPAL PROSECUTOR - The Borough requires legal services for the
position of prosecutor of the Middlesex Municipal Court. The minimum threshold criteria that will be
utilized for the evaluation of the responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Experience as a municipal prosecutor for a municipality for a minimum of five (5) years; and
4) Knowledge of the Borough Municipal Court and its operations
LEGAL COUNSEL – LABOR - The Borough requires legal services for the representation of the
Borough regarding labor relations proceedings in which the Borough or any of its officers or agencies
may be a party or have an interest. The minimum threshold criteria that will be utilized for the
evaluation of the responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Knowledge of the Borough and its operations
4) Representation of governmental entities in the field of labor relations for a minimum of (5) years
5) Render opinions in writing upon any question submitted by the Mayor, Borough Clerk or
Administrator working in conjunction with aforesaid municipal officials relating to matters of
labor law and employee practices and policies, where required by the Borough
6) Draft or approve as to form and sufficiency all labor related legal documents and contracts,
executed or adopted by or on behalf of the Borough; and
7) With appropriate approval, conduct appeals from orders, decisions or judgments affecting any
labor interest of the Borough
LEGAL COUNSEL – REDEVELOPMENT - The Borough is seeking legal services for the
redevelopment activities of the Borough. The minimum threshold criteria that will be utilized for the
evaluation of the responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Representation of governmental entities in the field of redevelopment, with particular emphasis
on municipal improvement authorities, for a minimum of five (5) years; and
4) Knowledge of the Borough and its operations
LEGAL COUNSEL – CONFLICT REDEVELOPMENT - The Borough is seeking legal services for
the redevelopment activities of the Borough. The minimum threshold criteria that will be utilized for the
evaluation of the responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Representation of governmental entities in the field of redevelopment, with particular emphasis
on municipal improvement authorities, for a minimum of five (5) years; and
4) Knowledge of the Borough and its operations
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LEGAL COUNSEL – ENVIRONMENTAL - The Borough requires environmental legal counsel. The
minimum threshold criteria that will be utilized for the evaluation of the responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for minimum of five (5) years
2) Evidence of professional liability insurance
3) Experience in field of municipal environmental law representing governmental entities for a
minimum of five (5) years
4) Knowledge of the Borough and its operation
5) Draft or approve as to form and sufficiency all legal documents and contracts made, executed or
adopted by or on behalf of the Borough
6) With appropriate approval, conduct appeals from orders, decisions or judgments affecting any
interest of the Borough as the Environmental Attorney may in his/her discretion determine to be
necessary or desirable, or as directed by Mayor and Council
7) Subject to the approval of Mayor and Council, have the power to enter into any agreement,
compromise or settlement of any litigation in which the Borough is involved
8) Render opinions in writing upon any question of environmental law submitted to the Attorney by
the Mayor or Council; and
9) Supervise and direct work of such additional attorneys and technical professional assistants as
the Council may authorize for special or regular employment in or for the Borough
PROFESSIONAL PLANNER – BOROUGH - The Borough requires planning services for the
representation of the Borough. The minimum threshold criteria that will be utilized for the evaluation of
the responses shall be as follows:
1) Licensed as a professional planner by the State of New Jersey for a minimum of five (5) years
2) Experience in preparation of planning of municipal master plan and enacting ordinance
3) Experience in representing municipalities before the Council on Affordable Housing and
preparing housing element and fair share plan
4) Provide evidence of professional liability insurance
5) Representation of governmental entities in the field of planning for a minimum of five (5) years;
and
6) Knowledge of the Borough and its operations.
PROFESSIONAL PLANNER – LAND USE BOARD - The Borough requires planning services for
the representation of the Borough Land Use Board. The minimum threshold criteria that will be utilized
for the evaluation of the responses shall be as follows:
1) Licensed as a professional planner by the State of New Jersey for a minimum of five (5) years
2) Experience in preparation of planning of municipal master plan and enacting ordinances
3) Experience in representing municipalities before the Council on Affordable Housing and
preparing housing element and fair share plan
4) Representation of governmental entities in the field of planning for a minimum of five (5) years
5) Knowledge of the Borough and its operations
6) Experience with state criteria for granting of variances and zoning requirements
7) Provide evidence of professional liability insurance
8) Familiar with development and site plan reviews; and
9) Knowledge of the Borough and its operations
SEWAGE COLLECTION SYSTEM OPERATOR – C-4 OPERATOR - The Borough requires
services of a Licensed Sewage Collection System Operator for the sewage collection services in the
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Borough. The minimum threshold criteria that will be utilized for the evaluation of the responses shall
be as follows:
1) Licensed as a professional C-4 License Operator by the State of New Jersey for a minimum of
five (5) years
2) Evidence of professional liability insurance
3) Representation of governmental entities in the field of sewage collection, with particular
emphasis on municipal authorities, for a minimum of five (5) years
4) Knowledge of the Borough and its operations
5) Experience with NJDEP interaction with regards to municipal systems
6) Experience with requirements and submittal of reports submitted to the MCUA on the systems
operations; and
7) Experience reviewing the data on sewage quality and quantity, and the quarterly charges from
the MCUA and qualified to propose recommended improvements to the collection system and
pumping station to improve operations and reduce infiltration and inflow.
PUBLIC DEFENDER – The Public Defender shall be a licensed Attorney at Law of New Jersey and
shall provide all necessary and desirable legal counsel and advise to those Municipal Court Defendants
who are financially qualified to receive the services of the Public Defender. The Public Defender shall
handle his duties as directed by the Borough Attorney.
ALTERNATE PUBLIC DEFENDER - The Alternate Public Defender shall be a licensed Attorney at
Law of New Jersey and shall provide all necessary and desirable legal counsel and advice to case related
to 2 other co-defendants already assigned to Public Defenders. The Alternate Public Defender shall
handle his duties as directed by the Municipal Court Judge. Public Defenders court dates are only
scheduled twice a month, usually the first and last Monday of each month.
RISK MANAGEMENT CONSULTANT - The Borough requires a Risk Management Consultant. The
minimum threshold criteria that will be utilized for the evaluation of the responses shall be as follows:
1) Assisting the Borough in identifying its insurable property and casualty exposures and
recommend professional methods to reduce, assume or transfer risk or loss
2) Reviewing with the Borough any additional coverages that should be carried but are not
available from the Middlesex County Joint Insurance Fund (FUND); and, subject to the
Borough’s authorization, place such coverages outside the FUND
3) Reviewing existing insurance coverage levels and advise whether or not those coverage levels
are appropriate
4) Reviewing Certificates of Insurance from contractors, vendors and professionals when requested
by the Borough
5) Marketing the Borough’s insurance needs with the current FUND, other Joint Insurance Funds,
private insurance companies or other venues to obtain the best possible coverage for the lowest
possible cost
6) Assisting where needed in the settlement of claims. The consultant would not be responsible for
work normally done by a public adjuster
7) Attending any meetings that the Borough deems necessary
8) Reviewing the Borough’s assessment as prepared by the FUND and assist the Borough in the
preparation of its annual insurance budget
9) Following up with the FUND for timely issuance of Policies and Endorsement and reviewing
same for accuracy and conformity to specifications
10) Assisting the Borough in the preparation of applications, statements of values, and similar
documents requested by the FUND
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11) Reviewing the loss and engineering reports and generally assist the Borough’s Safety
Committee in its loss containment objectives. Attend and participate on the Safety Committee to
promote the safety objectives and goals of the Borough and FUND; and
12) Performing any other risk management related services required by the Borough or FUND’s
bylaws.
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BOROUGH OF MIDDLESEX
EXCEPTIONS
For each exception, the bidder must identify the specific section of specifications by providing the number and
title the exception applies to. It is the responsibility of the bidder to document the equivalence claim in
writing. Submitting product brochures is not an acceptable claim of equivalence.
(IF NONE SO STATE)
USE ADDITIONAL SHEET IF NECESSARY
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4.
Proposal Requirements
4.1 Qualification Statement
A statement is to be provided by the respondent who will serve as the primary contractor. The statement
shall set forth brief details of the firm's principal activities, the number of personnel in the firm and the
firm's location. Please provide a list of (3) three clients for whom similar services have been provided.
Include the following in your response:
1. Name of government agency.
2. Contact person’s name, position, and current telephone number.
3. Dates, cost and scope of service.
4. Status and comments
4.2 Key Personnel Information
The respondent shall provide the identity and the professional credentials of the principals and other key
personnel either working for the contractor and their areas of responsibilities.
4.3 Subcontractors
Respondents may engage the services of subcontractors for completion of this project. If their proposal
involves any subcontractors, full details on the nature of the work to be performed by them and the
location in which the work is to be performed must be provided. The respondent understands that if
selected, the owner prior to initiating any subcontracted work, must approve the use of subcontractors in
writing.
4.4 Proposal Forms
The following forms are contained in the attachments. All forms are required and shall be completed
and made part of the proposal submitted.
1. Proposal Cost/Signature Form
2. Qualifications Submission Form
3. Non-Collusion Affidavit
4. Stockholder Disclosure
5. Insurance Requirement Acknowledgement Form
6. Affirmative Action Statement
7. Professional Service Entity Information Form
8. Acknowledgement of Receipt of Addenda
9. List of Contribution
10. Disclosure of Investment Activities in Iran
4.5 Location of Servicing Office
The proposal must list the location and address of the present, active office that will service and manage
this contract.
5.
Evaluation, Review and Selection Process
5.1 Proposals to Remain Subject to Acceptance
RFP responses shall remain open for a period of sixty (60) calendar days from the stated submittal. The
owner will either award the Contract within the applicable time period or reject all proposals.
The owner may extend the decision to award or reject all proposals beyond the sixty (60) calendar days
when the proposals of any respondents who consent thereto may, at the request of the owner, be held for
consideration for such longer period as may be agreed.
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5.2 Rejection of Proposals
The owner reserves the right to reject any or all proposals, or to reject any proposals if the evidence
submitted by, or investigation of such respondent fails to satisfy the owner that such respondent is
properly qualified to carry out the obligations of the RFP and to complete the work contemplated
therein. The owner reserves the right to waive any minor informality or reject any/or all submissions in
accordance with the Fair & Open Public Solicitation Process for professional services(s) pursuant to P.L.
2004, c.19 (N.J.S.A. 19:44A-20.4 et seq.) in the RFP.
5.3 Evaluation Process
An evaluation team will review all proposals to determine if they satisfy the Proposal Requirements,
determine if a proposal should be rejected and evaluate the proposals based upon the Evaluation Criteria.
The highest-ranking respondent will then be recommended to the governing body for award of contract,
based on most advantageous price and other factors. The Borough reserves the right to reach out to the
respondents to get clarification on Proposals on specific items if necessary during the deliberation
process.
Evaluation Team – RFP respondents are prohibited from contacting any member of the evaluation team
directly without a formal invitation. If it is found that a respondent has attempted to discuss their
proposal with a team member without an invite then their proposal may be deemed unresponsive. All
questions during the evaluation period shall be directed to the Purchasing Agent.
5.4 Evaluation Criteria
The criteria considered in the evaluation of each proposal follows. The arrangement of the criteria is not
meant to imply order of importance in the selection process. All criteria will be used to select the
successful respondent.
This will be based on the quality of the content of the RFP and the respondent's ability to communicate a
thorough understanding of the required tasks and the approach to meet the scope of work outlined in the
RFP. The proposals will be evaluated for general compliance with instructions and requests issued in
the RFP. Non-compliance with significant instructions will be grounds for disqualification of proposals.
5.4.1 Understanding of the Requested Work
The proposals will be evaluated for general compliance with instructions and requests issued in the RFP.
Non-compliance with significant instructions shall be grounds for disqualification of proposals.
5.4.2 Knowledge and Technical Competence
This includes the ability of the respondent to perform all of the tasks and fulfill adequately the stated
requirements.
5.4.3 Management, Experience and Personnel Qualifications
Expertise of the firm shall be demonstrated by past contract successes providing government agencies
with similar services. The respondent will be evaluated on knowledge, experience, prior collaboration
and successful completion of projects/services similar to that requested in this RFP.
In addition to relevant experience, respondents shall provide personnel qualifications in the Proposal.
(See 4.1 and 4.2).
5.4.4 Ability to Complete the Project/Services in a Timely Manner
This is based on the estimated duration of the tasks and the respondent’s ability to accomplish these
tasks as stated.
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5.4.5 Cost
Price shall be based on amount stated on the proposal cost form. Total overall costs to complete the
project, the cost of maintenance, training, etc., or price shall be based on hourly rates and schedules of
fees submitted with the proposal. Any services not included as part of any resulting contract scope of
services must be approved and authorized by the owner before such work is initiated. The owner shall
pay for such approved services, at the rate or cost agreed upon between the owner and contractor,
provided the respondent has provided a schedule of fees for additional services with this RFP.
5.5 Term of the contract
The term of this contract is January 1, 2022– December 31, 2022. (Options to extend may be exercised
by mutual agreement in accordance with terms of N.J.S.A. 40A:11-4.1 et seq.)
5.6 Notice of Award
The successful respondent will be notified of the award of contract upon a favorable decision by the
governing body.
6.
List All Contributions
List all contributions, including in-kind contributions you or your firm/company (including all
equitable owners/members thereof) have made to any campaign or candidate for any public
office in Middlesex Borough or Middlesex County in 2020-2021. Include amount(s) of such
contribution(s) and the candidate(s) or committees to whom such amounts were given.
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23
BOROUGH OF MIDDLESEX
CHECKLIST
PROFESSIONAL SERVICE TITLE: _________________________________________________
Please fill in the appropriate title in the space above.
SUBMISSION DATE: Wednesday, December 1, 2021 at 11:00 AM
The following items, as indicated below (X), shall be provided with the receipt of sealed submissions:
1. Non-Collusion Affidavit …………………………….……………………………… ___X____
2. Stockholder Disclosure Certification ……………………………………….…………. ___X____
3. Insurance Requirement Acknowledgement Form …………..……….……………… ___X____
4. Mandatory Equal Employment Opportunity Notice Acknowledgement ………………___X____
5. Copy of your Business Registration Certificate as issued by the State of
New Jersey, Department of Treasury, Division of Revenue ...……………………….. ___X____
6. Professional Service Entity Information Form ……………………….………………. ___X____
7. Qualifications Submission Form…….………………………………………….……… ___X____
8. List of Contribution(s)………………..………………………….……………………… ___X____
9. Disclosure of Investment Activities in Iran………………………….…………………. ___X____
10. Acknowledgement of Corrections, Additions or Deletions Form …………………. ___X____
11. Proposal Cost/Signature Form ………………………………..………………………..___X____
Reminder
Please submit one (1) original and one (1) additional set of the sealed submission.
Each submission shall be contained in a sealed envelope addressed to: Purchasing Agent,
Borough of Middlesex, 1200 Mountain Ave., Middlesex, NJ 08846 or in the preprinted
envelope supplied with the submission package when available and said envelope shall
specify the Appointment Title/Professional Service for which the submission is provided.
The submission is to be clearly marked (indicating the category of the professional service) –
“Sealed Submission Enclosed” (e.g. Borough Auditor – sealed submission enclosed) and
must be delivered at the place and time required or mailed so as to be received prior to the
opening time set in the advertisement.
Submissions received after the hour herein named or in unsealed envelopes shall not be
considered.
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BOROUGH OF MIDDLESEX
BID PROPOSAL FORM/SIGNATURE PAGE
TO THE BOROUGH OF MIDDLESEX:
The undersigned declares that he/she has read the Notice, Instructions, Affidavits and Scope of
Services attached, that he/she has determined the conditions affecting the bid and agrees, if this
bid is accepted, to furnish and deliver services per the following:
PROFESSIONAL SERVICES
FEE SCHEDULE SUBMITTED Yes No
(Corporation)
The undersigned is a (Partnership) under the laws of the State of __________________________ having its
(Individual)
Principal office at
Company
Federal I.D. # or Social Security #
Address
Signature of Authorized Agent
Type or Print Name
Title of Authorized Agent
Date
Telephone Number
Email Address
Fax Number
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25
LIST ALL CONTRIBUTION(S)
2020-2021
List all contributions, including in-kind contributions you or your firm/company (including all
equitable owners/members thereof) have made to any campaign or candidate for any public office
in Middlesex Borough or Middlesex County in 2020-2021. Include amount(s) of such contribution(s)
and the candidate(s) or committees to whom such amounts were given.
Name of Campaign or Candidate
Amount of Contribution
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
By signing below you acknowledge that you or your firm/company (including all equitable
owners/members thereof), have not made any contributions to any campaign or candidate for any
public office in Middlesex Borough or Middlesex County in 2020-2021.
COMPANY: ______________________________ PRINT NAME: ____________________________
SIGNATURE:___________________________ TITLE: __________________________________
DATE: __________________
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26
BOROUGH OF MIDDLESEX
QUALIFICATIONS SUBMISSION FORM
1.
Names and roles of the individuals who will perform the services and description of
their education and experience with projects similar to the services contained herein
including their education, degrees and certifications:
2.
References and record of success of same or similar service:
3.
Description of ability to provide the services in a timely fashion (including staffing,
familiarity and location of key staff):
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4. Cost details, including the hourly rates of each of the individuals who will perform
services, including their title, level of expertise and years of experience, and all expenses:
Firm __________________________________________ Date: _________________________
Authorized Representative (Print):___________________________________________________
Signature: ________________________ Title:________________________________________
Telephone #: _____________________ Fax #: ______________________________________
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BOROUGH OF MIDDLESEX
PROFESSIONAL SERVICE ENTITY INFORMATION FORM
If the Professional Service Entity is an INDIVIDUAL, sign name and give the following information:
Name:______________________________________________________________________________________________
Address:_____________________________________________________________________________________________
Telephone No.: ____________________Social Security No.:___________________________________________________
Fax No.: _______________________ E-Mail: _____________________________________________________________
If individual has a TRADE NAME, give such trade name:
Trading As: _________________________________ Telephone No.: ___________________________________________
****************************************************************************************************
If the Professional Service Entity is a PARTNERSHIP, give the following information:
Name of
Partners:_____________________________________________________________________________________________
Firm
Name:_______________________________________________________________________________________________
Address:_____________________________________________________________________________________________
Telephone No.: ____________________________ Federal I.D. No.:_____________________________________________
Fax No.: ______________________ E-Mail:_______________________________________________________________
Social Security No.:___________________________________________________________________________________
Signature of authorized agent:____________________________________________________________________________
****************************************************************************************************
If the Professional Service Entity is INCORPORATED, give the following information:
State under whose laws incorporated:_____________________________________________________________________
Location of principal office:_____________________________________________________________________________
Telephone No.: ____________________ Federal I.D. No.: ____________________________________________________
Fax No.: _______________________ E-Mail:_______________________________________________________________
Name of agent in charge of said office upon whom notice may be legally served:
____________________________________________________________________________________________________
Telephone No.: ___________________Name of Corporation: __________________________________________________
Signature: By: __________________________________________________________
Title: Address: ______________________________________________________________
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BOROUGH OF MIDDLESEX
OWNERSHIP STATEMENT - STOCKHOLDER DISCLOSURE FORM
LEGAL NAME OF BIDDER: ___________________________________________________________
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
Other, Please List __________________________________
List the names and addresses of all stockholders who own ten (10%) percent or more of the above company’s stock, and if
there are NO STOCKHOLDERS OF 10% OR MORE, simply check the second box below. If one or more such
stockholders or partner is itself a corporation or partnership, the stockholders holding 10% or more of that corporation's
stock, or the individual partners owning 10% of that corporation's stock, or the individual partners owning 10% or greater
interest in that partnership, as the case may be, must also be listed.
The disclosure shall be continued until names and addresses of every person who is a non-corporate
stockholder, or individual partner, exceeding the 10% ownership criteria established in this act, has been
listed, in full compliance with Chapter 33 of the New Jersey Public Laws of 1977.
BIDDERS/RESPONDENTS MUST CHECK THE APPROPRIATE BOX:
I certify that the list below contains the names and addresses of all stockholders holding 10% or more of the issued
and outstanding stock of the undersigned.
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned.
Publicly Traded - For publicly traded entities to comply with N.J.S.A. 52:25-24.2 they may submit the name and address
of each publicly traded entity, and the name and address of each person holding 10% or more beneficial interest in the
publicly traded entity as of the last annual filling with the Security Exchange Commission (SEC), or foreign equivalent
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing, or foreign equivalent:
____________________________________________________________________________________________
The requested information is available on the following page number(s) of the SEC, or foreign equivalent, filing:
____________________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
(Note: Attach additional pages if necessary)
________________________________________________________________
______________
(Respondent/Respondent Authorized Signature)
(Date)
___________________________________________
______________________________________
(Print name of authorized signatory)
(Title)
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BOROUGH OF MIDDLESEX
NON-COLLUSION AFFIDAVIT
State of _____________
County of _____________
ss:
I, _____________________________ of the City of _______________________________
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 bidder making this Proposal for the above named project, and that I executed the said proposal
with full authority so to do; that said bidder has not, directly or indirectly entered into any
agreement, participated in any collusion, or otherwise taken any action in restraint of free,
competitive bidding in connection with the above named project; and that all statements contained
in said proposal and in this affidavit are true and correct, and made with full knowledge that the
Borough of Middlesex 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_________________________________.
(Name of Contractor)
(N.J.S.A. 52:34-15)
Subscribed and sworn to
Before me this _______day
Of ___________, _______.
Signature
(Type or print name of affiant under signature)
_______________________________________
Notary public of
My Commission expires ___________________.
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BOROUGH OF MIDDLESEX
INSURANCE REQUIREMENTS AND ACKNOWLEDGEMENT FORM
Certificate(s) of Insurance shall be filed with the Borough Clerk’s Office upon award of
contract by the Mayor and Borough Council.
The minimum amount of insurance to be carried by the Professional Service Entity shall
be as follows:
PROFESSIONAL LIABILITY INSURANCE
Limits shall be a minimum of $2,000,000.00 for each claim and $4,000,000.00
aggregate each policy period.
Acknowledgement of Insurance Requirement:
________________________________________________________________
(Signature)
(Date)
________________________________________________________________
(Printed Name and Title)
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EXHIBIT A
EEO/AFFIRMATIVE ACTION COMPLIANCE NOTICE
N.J.S.A. 10:5-31 and N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance
to the Borough and Division of Public Contracts Equal Employment Opportunity Compliance. During
a review, Division representatives will review the Borough files to determine whether the
affirmative action evidence has been submitted by the vendor/contractor. Specifically, each
vendor/contractor shall submit to the Borough, prior to execution of the contract, one of the
following documents:
Goods and General Service Vendors
1. Letter of Federal Approval indicating that the vendor is under an existing federally approved or
sanctioned affirmative action program. A copy of the approval letter is to be provided by the
vendor to the Borough and the Division. This approval letter is valid for one year from the date
of issuance.
Do you have a federally-approved or sanctioned EEO/AA program?
Yes
No
If yes, please submit a photo static copy of such approval.
2. A Certificate of Employee Information Report (hereafter “Certificate”), issued in accordance with
N.J.A.C. 17:27-1.1 et seq. The vendor must provide a copy of the Certificate to the Borough as
evidence of its compliance with the regulations. The Certificate represents the review and
approval of the vendor’s Employee Information Report, Form AA-302 by the Division. The
period of validity of the Certificate is indicated on its face. Certificates must be renewed prior to
their expiration date in order to remain valid.
Do you have a State Certificate of Employee Information Report Approval?
Yes
No
If yes, please submit a photo static copy of such approval.
3. The successful vendor shall complete an Initial Employee Report, Form AA-302 and submit it to
the Division with $150.00 Fee and forward a copy of the Form to the Borough. Upon submission
and review by the Division, this report shall constitute evidence of compliance with the
regulations. Prior to execution of the contract, the EEO/AA evidence must be submitted.
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on
the Division website www.state.nj.us/treasury/contract_compliance.
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal
Employment Opportunity Compliance, with a copy to Public Agency.
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 and N.J.A.C. 17:27 and agrees to furnish the required forms of
evidence.
The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27.
COMPANY: ______________________________ SIGNATURE: ____________________________
PRINT NAME:___________________________ TITLE: __________________________________
DATE: __________________
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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 Borough employment goals
established in accordance with N.J.A.C. l7:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited
to, employment agencies, placement bureaus, colleges, universities, 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 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 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 www.state.nj.us/treasury/contract_compliance).
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.
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SAMPLE CERTIFICATE OF EMPLOYEE INFORMATION REPORT
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BOROUGH OF MIDDLESEX
AMERICANS WITH DISABILITIES ACT OF 1990
Equal Opportunity for Individuals with Disability
The Contractor and the Owner, do hereby agree that the provisions of Title 11 of the Americans
With Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 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 owner
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 owner in any action or administrative proceeding commenced pursuant
to this Act. The contractor shall indemnify, protect, and save harmless the 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 owner’s
grievance procedure, the contractor agrees to abide by any decision of the owner which is rendered
pursuant to said grievance procedure. If any action or administrative proceeding results in an
award of damages against the owner, or if the 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 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 owner or any of its agents, servants, and
employees, the owner shall expeditiously forward or have forwarded to the contractor every
demand, complaint, notice, summons, pleading, or other process received by the owner or its
representatives.
It is expressly agreed and understood that any approval by the 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 owner pursuant to this
paragraph.
It is further agreed and understood that the 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 owner from taking any other actions available to it
under any other provisions of the Agreement or otherwise at law.
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BOROUGH OF MIDDLESEX
THESE ARE SAMPLES OF THE ONLY ACCEPTABLE
BUSINESS REGISTRATION CERTIFICATES
PREFER SUBMITTED WITH BID RESPONSE
REQUIRED BY LAW PRIOR TO AWARD OF CONTRACT
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BOROUGH OF MIDDLESEX
DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
BID/RFP/Solicitation Number:
Bidder/Offeror:
Part 1: Certification
BIDDERS ARE TO COMPLETE PART 1 BY CHECKING EITHER BOX
Pursuant to Public Law 2012, c. 25, any person or entity that submits a bid or proposal or otherwise proposes to enter into
or renew a contract must complete the certification below to attest, under penalty of perjury, that neither the person or
entity, nor any of its parents, subsidiaries, or affiliates, is identified on the Department of the Treasury’s Chapter 25 list as a
person or entity engaging in investment activities in Iran. The Chapter 25 list is found on the Division’s website at
http://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf. Bidders must review this list prior to completing the
below certification. Failure to complete the certification may render a bidder’s proposal non-responsive. If the Director
finds a person or entity to be in violation of the law, s/he shall take action as may be appropriate and provided by law, rule
or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party
in default and seeking debarment or suspension of the party.
PLEASE CHECK THE APPROPRIATE BOX:
I certify, pursuant to Public Law 2012, c. 25, that neither the bidder listed above nor any of the bidder’s parents,
subsidiaries, or affiliates is listed on the N.J. Department of the Treasury’s list of entities determined to be engaged
in prohibited activities in Iran pursuant to P.L. 2012, c. 25 (“Chapter 25 List”). I further certify that I am the
person listed above, or I am an officer or representative of the entity listed above and am authorized to make this
certification on its behalf. I will skip Part 2 and sign and complete the Certification below.
OR
I am unable to certify as above because the bidder and/or one or more of its parents, subsidiaries, or affiliates is
listed on the Department’s Chapter 25 List. I will provide a detailed, accurate and precise description of the
activities in Part 2 below, sign and complete the Certification below.
PART 2: PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN
You must provide a detailed, accurate and precise description of the activities of the bidding person/entity, or one of its
parents, subsidiaries or affiliates, engaging in the investment activities in Iran on additional sheets provided by you.
Certification: I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any
attachments thereto to the best of my knowledge are true and complete. I attest that I am authorized to execute this
certification on behalf of the above-referenced person or entity. I acknowledge that Borough of Middlesex is relying on the
information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this
certification through the completion of any contracts with the Borough to notify the Borough in writing of any changes to the
answers of information contained herein. I acknowledge that I am aware that it is a criminal offense to make a false
statement or misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal prosecution
under the law and that it will also constitute a material breach of my agreement(s) with the Borough of Middlesex, New
Jersey and that the Borough at its option may declare any contract(s) resulting from this certification void and
unenforceable.
Full Name (Print)___________________________________ Signature: _______________________________________
Title _____________________________________________ Date:____________________
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BOROUGH OF MIDDLESEX
ACKNOWLEDGMENT OF RECEIPT OF ADDENDA
The undersigned Bidder hereby acknowledges receipt of the following Addenda:
ADDENDUM
NUMBER
DATE
ACKNOWLEDGE RECEIPT
(Initial)
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
No Addenda were received:
Acknowledged for:
(Name of Bidder)
By:
(Signature of Authorized Representative)
Name:
(Print or Type)
Title:
Date:
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EXHIBIT A
EVALUATION SHEET
BOROUGH OF
MIDDLESEX
EVALUATORS NAME
Write NA if
category
COMPANY NAME
does not apply.
Understanding the Requested Work
10 Points
Category
0 Points
1 - 2 Points
3 - 4 Points
Points Given
Demonstrates clear
Does not demonstrate clear
Proposal points are
Proposal is clear, readable
understanding
understanding
adequately defined
and precise
0 Points
1 - 2 Points
3 Points
Completeness and
Does not address major
Proposal absent some non-
Proposal complete and
responsiveness to RFP
requirements
critical points
responsive
Compliance with
Does not comply
Complies substantially
Complies with all
instructions and requests
instructions and requests
Knowledge and Professional Compliance
25 Points
Category
0 - 2 Points
3 - 4 Points
5 - 6 Points
Points Given
Education and training of
Minimal training, no formal
Some prior experience, some
High level of education and
employees, suitability to
education, new performer
training and documented
training, well proven
perform the required tasks
performance
performance
0 Points
1 - 2 Points
3 - 7 Points
Does respondent have the
Not adequately documented
Proposal uses some current
Well documented use of the
character, integrity,
technology
latest technologies
reputation, judgment,
experience & efficiency
required by the Professional
0 Points
1 - 2 Points
3 - 4 Points
QA/QC Process
Not adequately documented
QA/QC documented, but
QA/QC documented with
with little oversight
significant oversight
0 Points
1 - 3 Points
4 - 8 Points
Primary Professional vs.
More than one Sub-
Only one Sub-Professional
Primary Professional will do
subcontracted resources
Professional
providing 50% of resources
entire project
depending on nature of sub
to be used
and percentage of project
Ability to Perform Services in a Timely Manner
15 Points
Category
0 Points
1 - 2 Points
3 - 4 Points
Points Given
Scheduling Timeline
Cannot meet schedule
Meets most of schedule
Meets entire schedule
0 - 1 Points
2 - 3 Points
4 - 6 Points
Personnel & Resources
May not be sufficient
Sufficient for project
Dedicated resources
0 - 2 Points
3 - 4 Points
5 Points
Primary Professional
Primary Professional has not
Primary Professional has
No Sub-Professional or a
relationship Sub-
worked with Sub-
limited experience with Sub-
proven record with Sub-
Professionals
Professional
Professional
Professional
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Management, Experience and Personnel Qualifications
25 Points
Category
0 Points
1 - 2 Points
3 Points
Points Given
Project Management Plan
Not demonstrated as sound
Plan is average
Plan is sound and detailed
Project Management Team
Does not meet qualifications
Qualified but little
Well qualified and has
experience working together
collaborated on similar projects
0 Points
1 -2 Points
3 - 5 Points
Record of reliability and
Not documented
Some documentation
Track record of high quality
quality of service
0 - 1 Points
2 - 4 Points
5 - 7 Points
Scope of Work Experience
Few related projects
Some similar projects
Numerous similar projects
Experience in performing
Limited experience
Good experience
Exceptional experience
similar work by employees
Management, Experience and Personnel Qualifications
25 Points
Category
0 Points
2 Points
3 Points
Points Given
Explanation of costs
Costs not explained
Some correlation provided
Well documented
0 - 4 Points
5 - 10 Points
11 - 15 Points
Cost comparison
Highest third in salary
dollars
Middle third in salary dollars
Lowest third in salary dollars
0 - 1 Points
2 - 3 Points
4 - 6 Points
Other costs, copies, travel, etc
Travel and copy cost in
Copy cost equal to OPRA
costs
None
excess of OPRA
0 Points
1 - 2 Points
3 Points
Additional Services
No needed additional
Possible additional services
Needed additional services
services identified
identified, costs not included
identified and included
TOTAL POINTS AWARDED
--- Document: Request for Bids - Re-Advertisement - Greenbrook Road and Louis Avenue Pump Stations ---
NOTICE TO BIDDERS
PUBLIC NOTICE IS HEREBY GIVEN that sealed bids will be received by the Borough of
Middlesex for the Re-Advertisement - Greenbrook Road and Louis Avenue Pump Stations,
Middlesex Borough, Middlesex County, New Jersey.
In general, the work on this project consists of the rehabilitation of (2) two existing wet well mounted lift
stations. The first is located in Greenbrook Road and the second in Louis Avenue in Middlesex Borough.
This project is funded in part by the New Jersey Environmental Infrastructure Trust Program and the
successful Bidder must comply with all the provisions of N.J.A.C. 7:22-9.1 et seq. for the participation of
small business enterprises owned and controlled by socially and economically disadvantaged individuals
(SED).
Bid forms, contracts and specifications are on file at the office of Remington & Vernick Engineers, 3
Jocama Boulevard, Suite 300-400, Old Bridge, New Jersey 08857.
Said Bids will be received, opened and read aloud in public at the Middlesex Borough Municipal
Building located at 1200 Mountain Avenue, Middlesex, Middlesex County, New Jersey 08846-2700 on
July 14, 2021 at 11:00 AM prevailing local time.
Copies of the bid forms, contracts and specifications may be obtained from said Remington and Vernick
Engineers, by prospective bidders upon request, upon payment of the sum of $50.00 for each set.
PAYMENT MUST BE RECEIVED PRIOR TO OBTAINING SAID SPECIFICATIONS, EITHER BY
MAIL OR IN PERSON.
NO BIDS ARE TO BE DROPPED OFF AT THE ENGINEER’S OFFICE.
The Borough reserves the right to consider the bids for sixty (60) days after the receipt thereof, and
further reserves the right to reject any or all bids, either in whole or in part and also to waive any
informality in any and make such awards or take action as may be in the best interest of the Borough.
Bids must be on the bid form prepared by Remington & Vernick Engineers, in the manner designated
therein and required by the specifications, must be enclosed in sealed envelopes bearing the name and
address of the bidder on the outside and also bearing on the outside reference to the particular work bid
upon. Said bids shall be addressed to, Carmen Modica, Municipal Purchasing Agent, 1200 Mountain
Avenue, Middlesex Borough, Middlesex County, New Jersey 08846-2700.
Each bid shall be accompanied by a certified check, cashier’s check or bid bond duly executed by the
bidder as principal and having as surety thereon a surety company approved by the Borough in an
amount not less than ten percent (10%) but in no case in excess of $20,000.00 of the amount bid. Any
such bid bond shall be without endorsement or conditions. Bid shall also be accompanied by a consent of
surety from a surety company stating that it will provide the bidder with the completion bond in 100% of
the Contract price.
The award of the contract shall be made subject to the necessary moneys to do the work being provided
by the Borough in a lawful manner. The contract to be executed by the successful bidder will provide
that it shall not become effective until the necessary moneys to do the work have been provided by the
Borough in a lawful manner. The award shall further be subjected to the securing of necessary State,
Federal or Local permits governing the work.
Bidders are required to comply with the requirements of N.J.S.A. 10:5-31 et. seq., N.J.A.C. 17:27
(Affirmative Action), P.L. 1963. C150 (New Jersey Prevailing Wage Act), and Americans with
Disabilities Act of 1990 (42 U.S.C. 12101, et. seq.).
Pursuant to N.J.A.C. 10:5-33, the contractor is further notified that he must comply with P.L. 1975, c.
127.
The contractor is further notified that he must comply with the provisions set forth in the N.J.S.A. 52:32-
44 requiring New Jersey Business Registration and the collection of use taxes.
The contractor is further notified that he must comply with P.L. 1977, c. 33, and submit a Disclosure
Statement listing stockholders with his bid.
The contractor is further notified that he must comply with P.L. 1999 c.238 Public Works Contractor
Registration Act and he and any subcontractors must be registered in accordance with the act.
The contractor is also further notified that he must comply with P.L. 2004 c. 57 and submit proof of
business registration and submit proof of business registration for any named subcontractors in
accordance with the act.
This contract or subcontract is expected to be funded by in part with funds from the New Jersey
Department of Environmental Protection and the New Jersey Environmental Infrastructure Trust. Neither
the State of New Jersey, the New Jersey Environmental Infrastructure Trust nor any of their departments,
agencies, or employees is, or will be a party to this contract or subcontract or any lower tier contractor or
subcontract. This contract is subject to the provisions of N.J.A.C. 7:22-3, 4, 5, 9 and 10. In accordance
with the provisions of N.J.S.A. 58:11B-26, N.J.A.C. 7:22-3.17(a) 24 and 4.17(a) 24, the contractor
(subcontractor) shall comply with all of the provisions of N.J.A.C. 7:22-9.
This Notice shall appear in the Newspaper not less than ten (10) working days before the bid opening; and
notice of revisions or addenda to advertisements or bid documents will be as outlined in N.J.S.A. 40A:11-
23.
For all contracts the date fixed for receiving the bids shall not fall on Monday, or any other day directly
following a State or Federal Holiday as outlined in N.J.S.A. 40A:11-23A.
By Order of the Mayor and Council
Borough of Middlesex, Middlesex County, New Jersey
Dated: June 16, 2021 - 1210T037
--- Document: Request for Bids - 2020 Road Program ---
NTB-1
NOTICE TO BIDDERS
Notice is hereby given that sealed proposals will be received by the Purchasing Agent of the
Borough of Middlesex, Middlesex Borough, Middlesex County, New Jersey for the 2020 ROAD
PROGRAM and be opened and read in public at the Municipal Building located at 1200
Mountain Avenue, Middlesex, New Jersey, 08846, on Thursday, July 1, 2021, at 11:00 A.M.
prevailing time.
All work in this contract shall be completed within ninety (60) calendar days.
The Work of this Contract includes following projects: Harris Avenue Improvements, and
Chestnut Street Improvements. The scope of work includes, but is not limited to, the installation
of curb ramps, detectable warning surfaces, concrete curb, concrete sidewalk, concrete aprons,
milling and asphalt paving, resetting and reconstruction of drainage structures, installing new
drainage structures, striping, and restoration of the project area.
Contract Documents and Drawings for the proposed work, which have been prepared by the
Senior Project Manager, Thomas J. Herits, P.E., of the firm of Colliers Engineering & Design,
are available at the office of said Engineer at One River Center – Building Two, 331 Newman
Springs Road, Red Bank, New Jersey, and may be inspected by prospective bidders during
business hours.
Bidders will be furnished with a copy of the Contract Documents by request upon proper notice
and payment of a non-refundable charge of One Hundred dollars ($100.00) payable to Colliers
Engineering & Design to defray the cost thereof. Proposals must be made on the standard
Proposal Forms in the manner designated in the Contract Documents, must be enclosed in sealed
envelopes bearing the name and address of the Bidder, and the name of the work on the outside;
addressed to Carmen Modica, Middlesex Borough Purchasing Agent, 1200 Mountain Avenue,
Middlesex, New Jersey, 08846; and must be accompanied by a statement of Consent of Surety
from a surety company authorized to do business in the State of New Jersey and acceptable to
the Borough and either a Bid Bond or a Certified Check drawn to the order of Treasurer of the
Borough of Middlesex for not less than ten percent (10%) of the amount bid, except that the
check need not exceed $20,000.00. The successful bidder is hereby notified that a performance
bond for the full amount of the project is required.
The award of the contract for this project will not be made until the necessary funds have been
provided by the Borough of Middlesex in a lawful manner.
The Borough of Middlesex or the Engineer reserves the right to require a complete financial and
experience statement from prospective bidders showing that they have satisfactorily completed
work of the nature required before furnishing proposal forms or specifications, or before
awarding the Contract.
Proposals for this Contract will be accepted only from bidders who have properly qualified in
accordance with the requirements of the Contract Documents.
The right is also reserved to reject any or all bids or to waive any informalities where such
informality is not detrimental to the best interest of the Borough of Middlesex. The right is also
NTB-2
reserved to increase or decrease the quantities specified in the manner designated in the
Specifications.
The successful bidder shall be required to comply with the following:
A.
Affirmative Action requirements (P.L. 1975, C.127, N.J.S.A. 10:5-1 et. seq.).
B.
The provisions of the New Jersey Prevailing Wage Act (N.J.S.A. 34:11-56.25 et. seq).
C.
Anti-Kickback Regulations under Section 2 of the Act of June 13, 1934, known as the
Copeland Act.
D.
Worker and Community Right-to-Know Act (N.J.S.A. 34:5A-1).
Moreover, the bid must be accompanied by a list of names and addresses of all stockholders
owning 10% or more of the stock in accordance with the provisions of the Public Disclosure Law
(P.L. 1988, C.33, N.J.S.A. 52:25-24.2).
By order of the Council of the Borough of Middlesex, Middlesex County, New Jersey.
Carmen Modica, QPA
Purchasing Agent
--- Document: Request for Bids - Rehabilitation of Sanitary Sewers Phase II Greenbrook Road and Louis Avenue Pump Stations ---
NOTICE TO BIDDERS
PUBLIC NOTICE IS HEREBY GIVEN that sealed bids will be received by the Borough of
Middlesex for the Rehabilitation of Sanitary Sewers Phase II Greenbrook Road and Louis Avenue
Pump Stations, Middlesex Borough, Middlesex County, New Jersey.
In general, the work on this project consists of the rehabilitation of (2) two existing wet well mounted lift
stations. The first is located in Greenbrook Road and the second in Louis Avenue in Middlesex Borough.
This project is funded in part by the New Jersey Environmental Infrastructure Trust Program and the
successful Bidder must comply with all the provisions of N.J.A.C. 7:22-9.1 et seq. for the participation of
small business enterprises owned and controlled by socially and economically disadvantaged individuals
(SED).
Bid forms, contracts and specifications are on file at the office of Remington & Vernick Engineers, 3
Jocama Boulevard, Suite 300-400, Old Bridge, New Jersey 08857.
Said Bids will be received, opened and read aloud in public at the Middlesex Borough Municipal
Building located at 1200 Mountain Avenue, Middlesex, Middlesex County, New Jersey 08846-2700 on
June 9, 2021 at 11:00 AM prevailing local time.
Copies of the bid forms, contracts and specifications may be obtained from said Remington and Vernick
Engineers, by prospective bidders upon request, upon payment of the sum of $50.00 for each set.
PAYMENT MUST BE RECEIVED PRIOR TO OBTAINING SAID SPECIFICATIONS, EITHER BY
MAIL OR IN PERSON.
NO BIDS ARE TO BE DROPPED OFF AT THE ENGINEER’S OFFICE.
The Borough reserves the right to consider the bids for sixty (60) days after the receipt thereof, and
further reserves the right to reject any or all bids, either in whole or in part and also to waive any
informality in any and make such awards or take action as may be in the best interest of the Borough.
Bids must be on the bid form prepared by Remington & Vernick Engineers, in the manner designated
therein and required by the specifications, must be enclosed in sealed envelopes bearing the name and
address of the bidder on the outside and also bearing on the outside reference to the particular work bid
upon. Said bids shall be addressed to, Carmen Modica, Municipal Purchasing Agent, 1200 Mountain
Avenue, Middlesex Borough, Middlesex County, New Jersey 08846-2700.
Each bid shall be accompanied by a certified check, cashier’s check or bid bond duly executed by the
bidder as principal and having as surety thereon a surety company approved by the Borough in an
amount not less than ten percent (10%) but in no case in excess of $20,000.00 of the amount bid. Any
such bid bond shall be without endorsement or conditions. Bid shall also be accompanied by a consent of
surety from a surety company stating that it will provide the bidder with the completion bond in 100% of
the Contract price.
The award of the contract shall be made subject to the necessary moneys to do the work being provided
by the Borough in a lawful manner. The contract to be executed by the successful bidder will provide
that it shall not become effective until the necessary moneys to do the work have been provided by the
Borough in a lawful manner. The award shall further be subjected to the securing of necessary State,
Federal or Local permits governing the work.
Bidders are required to comply with the requirements of N.J.S.A. 10:5-31 et. seq., N.J.A.C. 17:27
(Affirmative Action), P.L. 1963. C150 (New Jersey Prevailing Wage Act), and Americans with
Disabilities Act of 1990 (42 U.S.C. 12101, et. seq.).
Pursuant to N.J.A.C. 10:5-33, the contractor is further notified that he must comply with P.L. 1975, c.
127.
The contractor is further notified that he must comply with the provisions set forth in the N.J.S.A. 52:32-
44 requiring New Jersey Business Registration and the collection of use taxes.
The contractor is further notified that he must comply with P.L. 1977, c. 33, and submit a Disclosure
Statement listing stockholders with his bid.
The contractor is further notified that he must comply with P.L. 1999 c.238 Public Works Contractor
Registration Act and he and any subcontractors must be registered in accordance with the act.
The contractor is also further notified that he must comply with P.L. 2004 c. 57 and submit proof of
business registration and submit proof of business registration for any named subcontractors in
accordance with the act.
This contract or subcontract is expected to be funded by in part with funds from the New Jersey
Department of Environmental Protection and the New Jersey Environmental Infrastructure Trust. Neither
the State of New Jersey, the New Jersey Environmental Infrastructure Trust nor any of their departments,
agencies, or employees is, or will be a party to this contract or subcontract or any lower tier contractor or
subcontract. This contract is subject to the provisions of N.J.A.C. 7:22-3, 4, 5, 9 and 10. In accordance
with the provisions of N.J.S.A. 58:11B-26, N.J.A.C. 7:22-3.17(a) 24 and 4.17(a) 24, the contractor
(subcontractor) shall comply with all of the provisions of N.J.A.C. 7:22-9.
This Notice shall appear in the Newspaper not less than ten (10) working days before the bid opening; and
notice of revisions or addenda to advertisements or bid documents will be as outlined in N.J.S.A. 40A:11-
23.
For all contracts the date fixed for receiving the bids shall not fall on Monday, or any other day directly
following a State or Federal Holiday as outlined in N.J.S.A. 40A:11-23A.
By Order of the Mayor and Council
Borough of Middlesex, Middlesex County, New Jersey
Dated: May 19, 2021 - 1210T037
--- Document: Request for Written Quotation – Recreation Center Cleaning Services (this is not an order) RFQ #2021-01 ---
REQUEST FOR QUOTES
RECREATION CENTER CLEANING SERVICES
RFQ #2021-01
April 22, 2021
Re: Request for Written Quotation – Recreation Center Cleaning Services (this is
not an order)
Please provide a signed quote for the following:
The Borough of Middlesex is seeking quotations for cleaning services at the Recreation
Center located at 1400 Mountain Avenue, Middlesex, NJ 08846. Duration of contract is
for the term of 12 months (July 1, 2021 – July 1, 2022).
Scope of Work:
Daily:
➢ Garbage taken out (from all offices, bathrooms, hallways)
➢ Bathrooms cleaned: sinks disinfected, mirrors wiped, toilets sanitized, floors
mopped, etc.
➢ Main room floor and kitchen to be mopped after events.
➢ In all restrooms refill soap, tissue and paper towels (supplied by borough)
➢ Clean all entrance and exit glass doors
Every Other Day:
➢ Mop the big room and vestibules; during the winter front vestibule needs to be
mopped daily.
1 time per Week:
➢ Wipe down/sanitize tables and chairs
➢ Wipe down windows and doors
➢ Vacuum offices (once a week or as needed)
➢ Mop Kitchen Floor
➢ Wipe down all counters, sinks, stove and refrigerator in kitchen
➢ Clean windowsills/ledges
1200 Mountain Avenue, Middlesex, NJ 08846 Phone:
732.356.7400 | Fax: 732.356.7954 | middlesexboro-nj.gov |
Bi-Weekly:
➢ Dust
1 time per Month:
➢ Deep cleaning of grout.
Additional Information:
➢ Square footage of the building is approximately 4500 square feet.
➢ Site visit, while not required, can be made by contacting the Director of
Recreation at (732) 356-7400 ext. 277. Questions will be not be answered
during the site visit. All questions must be submitted in writing no later than the
day after the site visit, via email to the Purchasing Agent at
cmodica@middlesexboro-nj.gov.
➢ Deadline to submit any/all questions prior to submittal date is May 5, 2021.
➢ Cleaning services to be performed 5 days a week.
➢ Cleaning time to be performed Monday thru Friday when building and offices are
open to the public 8:30am-4:00pm. Additionally, programming occur during the
hours of 8:00am-10:00pm. Ideally, cleaning should happen before or after the
hours of usage for the building (after the monthly luncheons, and any other
events, the building needs an extra thorough cleaning).
➢ Contractor will supply all equipment (including but not limited to employee
protective gear such as gloves or masks), labor and cleaning products (such as
floor cleaner, glass cleaner, bathroom cleaner, disinfecting wipes, air freshener)
➢ The Borough will supply paper products (paper towels, toilet paper, tissue,
garbage liners and hand soap). In the event that said products are not available,
contractor shall advise the Director of Recreation and supply said products and
bill the owner.
➢ All workers will be required to wear proper uniform with a picture ID.
➢ All workers will be required to properly wear personal protective equipment (face
masks and gloves)
➢ Reports of any damage will be reported to the Borough within twenty-four (24)
hours.
➢ Contractor is to inform the Purchasing Agent of supplies needed at least 2 weeks
prior to use.
Perspective vendors are to submit the attached Proposal Form along with a copy of NJ
Business Registration Certificate (NJBRC) no later than 11:00am, May 14, 2021 via
email to Carmen Modica, Purchasing Agent at cmodica@middlesexboro-nj.gov or via
FedEx or UPS prevailing time, clearly marked “Recreation Center Cleaning Services
Quote”. Mail to: Purchasing Agent, 1200 Mountain Avenue, Middlesex, NJ 08846. The
Borough is not responsible for late submission sent via regular mail. It is the bidder’s
responsibility to see that bids are presented to the Purchasing Agent prior to or at the
time and at the place designated.
Quotes received after the designated time and date will be considered
unresponsive and will not be considered for said services.
Any Addenda will be issued on the Borough’s website and processed in accordance
with N.J.S.A. 40A:11-23(c)(1). All interested vendors should check the website from
now through submittal date. It is the sole responsibility of the respondent to be
knowledgeable of all addenda related to this procurement.
Do they want to remain on the list for future quotes?
Thank you,
Carmen Modica
Purchasing Agent
BOROUGH OF MIDDLESEX
REQUEST FOR QUOTATION
RFQ #2021-01
Recreation Center Cleaning Services
2021-2022
PROPOSAL PAGE
ALL PRICES ARE TO BE FOB TO: 1200 Mountain Avenue, Middlesex, NJ 08846
Price for cleaning services as per specifications:
Hourly Rate: $ _____________
Amount in words: _____________________________________________________
Exceptions __________________________________________________________
___________________________________________________________________
___________________________________________________________________
Quote valid through June 14, 2021.
NJ –BRC required – Please submit with quote
Name and title of person providing quote:
________________________________________ ___________________________
(name)
(title)
_______________________________________
(Signature)
_______________________________________
(e-mail)
Company Name: _________________________
Date: ______________
--- Document: RFQ - ADDENDUM No. 1 - Recreation Center Cleaning Services RFQ #2021-01 ---
ADDENDUM #1
RFQ #2021-01
REQUEST FOR QUOTES FOR CLEANING SERVICES
BOROUGH OF MIDDLESEX
RECREATION CENTER
Addendum No. 1 has been issued for the Request for Quotes pertaining to Cleaning Services for
the Recreation Center, on April 23, 2021, and posted on Borough website.
TO ALL CONCERNED: The original Request for Quotes for the above referenced service is
hereby amended as noted in Addendum No.1.
CONCERNING QUESTIONS REGARDING CLEANING HOURS:
1. Cleaning hours is here by amended. Cleaning to be performed Monday thru Friday after
4pm.
2. In addition, on days that the building holds evening meeting/events, the cleaning should
be done when the meeting/event ends. Schedule of meetings will be supplied to you by
the Recreation Director.
CONCERNING CERTIFICATE OF INSURANCE:
1. Certificate of Insurance required by winning vendor. To be submitted along with
contract.
Carmen Modica, CMR
Purchasing Agent
--- Document: RFQ - ADDENDUM No. 2 - Recreation Center Cleaning Services RFQ #2021-01 ---
ADDENDUM #2
RFQ #2021-01
REQUEST FOR QUOTES FOR CLEANING SERVICES
BOROUGH OF MIDDLESEX
RECREATION CENTER
Addendum No.2 has been issued for the Request for Quotes pertaining to Cleaning Services for
the Recreation Center, on May 6, 2021, and posted on Borough website.
TO ALL CONCERNED: The original Request for Quotes for the above referenced service is
hereby amended as noted in Addendum No.2.
CONCERNING QUESTIONS RECEIVED:
1.
What hours are the best hours to provide our services to your building?
The best time would be after 4pm and/or after we have an outside organization in the
building.
2.
How many hours daily / weekly / special events are expected to work?
We typically have on special event a month but outside organizations 3-4 times a month.
3.
Is there a request for Bonding?
We did not request bonding. We are requiring a Certificate of Insurance from the winning
bidder.
4.
How will the special events be scheduled in your facility? We would like to schedule our
employees accordingly in advance also to include pricing for your proposal?
We post the schedule of events for the upcoming month on the door for the current cleaning
company. They would have a months’ notice of the events.
5.
Is it possible to know what was last year's Awarded BID amount?
Last year’s awarded bid amount was $17.50 per hour
Carmen Modica, CMR, QPA
Purchasing Agent
--- Document: MAFY 2019 ROAD IMPROVEMENT PROJECT - FISHER AVENUE AND ASHLAND ROAD ---
NOTICE TO BIDDERS
PUBLIC NOTICE IS HEREBY GIVEN that separate sealed bids will be received and opened by the Borough of Middlesex
at the Middlesex Borough Municipal Building, 1200 Mountain Avenue, Middlesex, NJ 08846 at 11:00 AM on February
25, 2021 for the following project:
MAFY 2019 Road Improvement Proiect- Fisher Avenue and Ashland Road - The work consists of installing
8625 SY of pavement milling; 2715 tons of HMA top course; 2075 LF concrete gutter; 2344 LF concrete curb;
121 SY concrete sidewalk; 1972 SF thermoplastic traffic markings; 700 LF traffic stripes and all other
miscellaneous appurtenant work.
Please note, the Municipal Building is not open to the Public. Bids will be opened via Zoom meeting. Meeting
information will be provided to Bidders prior to the meeting.
The Contract Specification Documents may be obtained at the office of Owen, Little & Associates, Inc., 443 Atlantic City
Boulevard, Beachwood, NJ, 08722, during normal business hours {8:30 a.m. to 4:30 p.m.) on or after January 27, 2021,
upon payment of $50.00 per set. CHECK MUST BE MADE PAYABLE JO OWEN. LITTLE & ASSOCIATES. INC. If a Fed Ex
or UPS Account is not available and they must be mailed, an additional payment of $30.00 will be required and that
check must also be made payable to Owen, Little & Associates, Inc.
PAYMENT MUST BE RECEIVED PRIOR TO OBTAINING SAID SPECIFICATIONS, EITHER BY MAIL OR IN PERSON.
Funding for this project is being provided by a Grant from the New Jersey Department of Transportation. Therefore, all
State prevailing wage regulations will apply.
Bids may be submitted by mail or in person at any time prior to the time for receiving and opening the same at the
Borough Municipal Building. Bidders are required to comply with the requirements of N.J.S.A. 10:5-31 et. seq. and
N.J.A.C. 17:27.
The Borough of Middlesex reserves the right to waive any informalities and to reject any and all bids.
A Bid Bond drawn to the order of the Borough of Middlesex in an amount equal to ten percent {10%) of the amount of
the bid must be submitted with the proposal as bid security, but not more than $20,000.00.
The successful bidder will be required to furnish a Performance Bond for the amount of the total bid within ten (10)
days from the date of written acceptance of his proposal. Certificates of Insurance will also be required.
The Borough of Middlesex hereby reserves the right to consider the bids for sixty (60) days after the receipt thereof.
The Borough further reserves the right, which is understood and agreed to by all bidders, to reject any or all bids
submitted, but any contract awarded will be to the lowest responsible bidder based on the lowest Total Bid Amount
and to make such awards or take such action as may be in the best interest of the Borough .
CARMEN MODICA, PURCHASING AGENT
BOROUGH OF MIDDLESEX
--- Document: MAFY 2019 ROAD IMPROVEMENT PROJECT - FISHER AVE & ASHLAND RD - Addendum No. 1 ---
BOROUGH OF MIDDLESEX
NOTICE OF ADDENDUM NO. 1
MAFY 2019 Road Improvement Project – Fisher Avenue and Ashland Road
Addendum No. 1 has been issued for the Bid pertaining to MAFY 2019 Road Improvement Project –
Fisher Avenue and Ashland Road for the Borough of Middlesex on Thursday, January 28, 2021, and
posted on Borough website.
TO ALL CONCERNED: The original bid specification package for the above referenced project is
amended as noted in Addendum No. 1.
CONCERNING THE BID OPENING
Due to the current pandemic, Borough Offices are closed to the public, therefore, bid opening will
take place via Zoom. All interested vendors can join the bid opening by logging into the website
below on Thursday, February 25, 2021 at 10:59am.
Join Zoom Meeting
https://zoom.us/j/95163826605?pwd=ZXNVUVRtTzNXWXNUMTNvQVBEYks2dz09
Meeting ID: 951 6382 6605
Passcode: QiLa41
Carmen Modica
Purchasing Agent
--- Document: SOLICITATION OF QUALIFICATIONS AND RATES FOR PUBLIC RELATIONS AND DESIGN CONSULTING SERVICES ---
Borough of Middlesex
1200 Mountain Avenue
Middlesex, New Jersey 08846
(732) 356-7400 ext. 237
NOTICE TO BIDDERS
BOROUGH OF MIDDLESEX
PUBLIC NOTICE UNDER A FAIR AND OPEN PROCESS FOR THE SOLICITATION
OF QUALIFICATIONS AND RATES PURSUANT TO N.J.S.A 40A:11-4.1 FOR PUBLIC
RELATIONS AND DESIGN CONSULTING SERVICES
FOR APPOINTMENT FROM
JANUARY 1, 2021 THROUGH DECEMBER 31, 2021
AND SPECIAL PROJECTS ON A PROJECT BY PROJECT BASIS
NOTICE IS HEREBY GIVEN that sealed submissions will be received by the Middlesex
Borough Clerk or designated representative, for Middlesex Borough, on Wednesday, January
20, 2021 at 11:00 a.m. prevailing time, in the Municipal Building, 1200 Mountain Avenue,
Middlesex, New Jersey 08846, then publicly opened for the following position:
PUBLIC RELATIONS AND DESIGN CONSULTING SERVICES
All contractors that are awarded competitive contracts pursuant to N.J.S.A. 40A:11-4.1(m) are
required to comply with the requirements of N.J.S.A. 52:32-44 (Business Registration of Public
Contractors), N.J.S.A. 52:25-24.2 (Statement of Corporate Ownership), 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). The submission package may be obtained via email by contacting the Purchasing
Agent, Carmen Modica at cmodica@middlesexboro-nj.gov and providing your contact
information. Contact information to include vendor name and address, contact person, telephone
number.
The Borough reserves the right to reject any or all submissions due to any defects or waive
informalities and accept any submissions that in their judgment will be in the best interest of the
Borough. Questions concerning this notice may be directed to Marcia Karrow at (732) 356-7400
ext. 264.
Date Advertised: Tuesday, January 5, 2021
Carmen Modica, CMR
Purchasing Agent
Administrative Assistant
Deputy Registrar
--- Document: PUBLIC RELATIONS AND DESIGN CONSULTING SERVICES - ADDENDUM NO.1 ---
BOROUGH OF MIDDLESEX
NOTICE OF ADDENDUM NO. 1
PUBLIC RELATIONS AND CONSULTING SERVICES
Addendum No. 1 has been issued for the RFP pertaining to Public Relations and Consulting Services
for the Borough of Middlesex on Monday, January 4, 2021, and posted on Borough website.
TO ALL CONCERNED: The original bid specification package for the above referenced project is
amended as noted in Addendum No. 1.
CONCERNING THE DATE OF CONTRACT
The contract date on the RFP has been modified from 1/1/2021 – 12/31/2021. The new contract
date is 2/1/2021 – 12/31/2021.
CONCERNING THE BID OPENING
Due to the current pandemic, Borough Offices are closed to the public, therefore, bid opening will
take place via Zoom. All interested vendors can join the bid opening by logging into the website
below:
Join Zoom Meeting
https://zoom.us/j/92034265166?pwd=QjBLVmF4SWJnR3kwUVBqY2hEd2l4QT09
Meeting ID: 920 3426 5166
Passcode: 9mQ4pR
Carmen Modica
Purchasing Agent
--- Document: RFP: PROFESSIONAL SERVICES FOR 2021 ---
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1
PUBLIC NOTICE UNDER A FAIR AND OPEN PROCESS FOR THE SOLICITATION OF
QUALIFICATIONS AND RATES FOR VARIOUS PROFESSIONALS
FOR APPOINTMENT JANUARY 1, 2021 THROUGH DECEMBER 31, 2021
AND SPECIAL PROJECTS ON A PROJECT BY PROJECT BASIS
NOTICE IS HEREBY GIVEN that sealed submissions will be received by the Purchasing
Agent or designated representative, for Middlesex Borough, on Tuesday, December 8, 2020 at 11:00 am
prevailing time, in the Municipal Building, 1200 Mountain Avenue, Middlesex, New Jersey 08846, then
publicly opened for the following positions:
•
Appraisal Services
•
Auditing Services
•
Engineering Services – Borough
•
Engineering Services – Alternate
•
Engineering Services – Land Use Board
•
Engineering Services - Environmental
•
Legal Counsel – Bond
•
Legal Counsel – Municipal Attorney
•
Legal Counsel – Conflict Municipal
•
Legal Counsel – Land Use Board
•
Legal Counsel – Tax Appeals
•
Legal Counsel – Municipal Prosecutor
•
Legal Counsel – Labor
•
Legal Counsel – Redevelopment
•
Legal Counsel – Conflict Redevelopment
•
Legal Counsel – Environmental
•
Professional Planner – Borough
•
Professional Planner – Land Use Board
•
Sewage Collection System Operator – C-4 License Operator
•
Public Defender
•
Alternate Public Defender
•
Risk Management Consultant
All professional service contractors are required to comply with 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). The submission
package is printable from the website www.middlesexboro-nj.gov or may be obtained at the Clerk’s
Office, Municipal Building,1200 Mountain Avenue, Middlesex, New Jersey 08846 during regular
business hours (8:30 a.m. – 4:00 p.m.)
Borough of Middlesex
1200 Mountain Avenue
Middlesex, New Jersey 08846
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The Borough reserves the right to reject any or all submissions due to any defects or waive informalities
and accept any submissions that in their judgment will be in the best interest of the Borough. Questions
concerning this notice may be directed to Marcia Karrow, Borough Administrator,
mkarrow@middlesexboro-nj.gov.
Dated Advertised: November 6, 2020
Carmen Modica
Purchasing Agent
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3
BOROUGH OF MIDDLESEX
GENERAL INSTRUCTIONS
1. Introduction
The Borough of Middlesex, Middlesex County, State of New Jersey (hereinafter called the “OWNER”)
invites submissions for the service(s) mentioned in the Public Notice for Professional Services
Qualifications and Rates for 2021.
This contract is to furnish and deliver various professional services for the Borough of Middlesex
through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et. seq.
2. Administrative Conditions and Requirements
The following items express the conditions and requirements of this RFP. Together with the other RFP
sections, they apply to the RFP process, the subsequent contract, and project production. Any proposed
change, modification, or exception to these conditions and requirements may be the basis for the owner
to determine the proposal as non-responsive to the RFP and will be a factor in the determination of an
award of a contract. The contents of the proposal of the successful respondent, as accepted by the owner,
will become part of any contract awarded as a result of this RFP.
2.1 Proposal Submission Information
Submission Date and Time:
Tuesday, December 8, 2020 at 11:00am
One (1) Original signed in ink & one (1) copy of the RFP response.
Submission Office:
Purchasing Agent, Clerk’s Office
1200 Mountain Avenue
Middlesex, NJ 08846
Each submission must be provided on a Standardized Submission Form as supplied in the submission
package and signed by the professional services entity or principal thereof. All prices and amounts must
be written in ink or preferably typewritten. Each signatory to the submission must initial all erasures or
corrections. If submitting for more than one (1) professional service, you must submit separate proposals
each service.
Each submission shall be contained in a sealed envelope addressed to: Purchasing Agent, Borough of
Middlesex, 1200 Mountain Ave., Middlesex, NJ 08846, and said envelope shall specify the appointment
Title/Professional Service for which the submission is provided. The submission is to be clearly marked
(indicating the category of the professional service) – “Sealed Submission Enclosed” (e.g. Borough
Auditor – sealed submission enclosed) and must be delivered at the place and time required or mailed so
as to be received prior to the opening time set in the advertisement. Submissions received after the hour
herein named or in unsealed envelopes shall not be considered. The original proposal shall be signed in
ink and marked to distinguish it from the one (1) copy. Faxed or emailed proposals will NOT be
accepted.
The 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.
Responses delivered before the submission date and time specified above may be withdrawn upon
written application of the respondent who shall be required to produce evidence showing that the
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individual is or represents the principal or principals involved in the proposal. After the submission date
and time specified above, responses must remain firm for a period of sixty (60) days.
The submission shall be accompanied by: (1) Non-Collusion Affidavit, (2) Disclosure of Ownership
Form, (3) Insurance Requirement Acknowledgement Form, (4) Mandatory Equal Employment
Opportunity Notice Acknowledgement, (5) Copy of the applicable Business Registration Certificate, (6)
Professional Services Entity Information Form, (7) Qualifications Submission, (8) List of Contribution,
(9) Disclosure of Investment Activities in Iran and (10) Acknowledgement of Corrections, Additions or
Deletions Form.
2.2 Borough Representative for this Solicitation
Questions by prospective respondents concerning this RFP may be addressed to Marcia Karrow in
writing via email mkarrow@middlesexboro-nj.gov. Please note the aforementioned contact is
authorized only to direct the attention of prospective respondents to various portions of the requirements
so that they may read and interpret each portion for themselves. NO employee of the Borough of
Middlesex is authorized to give interpretations of any portion of this RFP or to give information as to the
requirements for the RFP in addition to that already contained in the RFP unless as a formal addenda.
Interpretations of the RFP or additional information as to its requirements, when necessary, shall be
communicated to prospective respondents only by written addendum issued by the Purchasing Agent of
the Borough of Middlesex.
Please identify the contract name and note Request for Information as the subject line when submitting
a request by fax or email.
2.3 Interpretations and Addenda
Respondents are expected to examine the RFP with care and observe all its requirements. All questions
about the meaning or intent of this RFP, all interpretations and clarifications considered necessary by the
owner’s representative in response to such comments and questions will be issued by Addenda mailed or
delivered to all parties recorded as having received the RFP package. Only comments and questions
responded to by formal written Addenda will be binding. Oral interpretations, statements or
clarifications are without legal effect.
2.4 Quantities of Estimate
Wherever the estimated quantities of work to be done are shown in any section of this RFP, including
the Proposal Cost Form, they are given for use in comparing proposals. The owner especially reserves
the right (except as herein otherwise specifically limited) to increase or diminish the quantities as may
be deemed reasonably necessary or desirable by the owner to complete the work detailed by the
contract. Such increase or diminution shall in no way violate this contract, nor shall any such increase or
diminution give cause for claims or liability for damages.
2.5 Cost Liability and Additional Costs
The owner assumes no responsibility and liability for costs incurred by the respondents prior to the
issuance of an agreement. The liability of the owner shall be limited to the terms and conditions of the
contract.
Respondents will assume responsibility for all costs not stated in their proposals. All unit rates either
stated in the proposal or used as a basis for its pricing are required to be all-inclusive. Additional
charges, unless incurred for additional work performed by request of the owner as noted in 2.4, are not
to be billed and will not be paid.
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2.6 Statutory and Other Requirements
2.6.1 Compliance with Laws
Any contract entered into between the contractor and the owner must be in accordance with and subject
to compliance by both parties with the New Jersey Local Public Contracts Law. The contractor must
agree to comply with the non-discrimination provisions and all other laws and regulations applicable to
the performance of services there under. The respondent shall sign and acknowledge such forms and
certificates as may be required by this section.
2.6.2 Mandatory EEO/Affirmative Action Compliance - N.J.S.A 10:5-31 et seq. and N.J.A.C 17:27
et seq.
No firm shall be issued a contract unless it complies with the EEO/Affirmative Action requirements of
P. L. 1975, C. 127 as identified in the documents attached hereto. The form shall be properly executed.
2.6.3 Americans with Disabilities Act of 1990 - 42 U.S.C. S121 01 et seq.
Discrimination on the basis of disability in contracting for the delivery of services is prohibited.
Respondents are required to read American with Disabilities language that is part of the documents
attached hereto and agree that the provisions of Title II of the Act are made part of the contract. The
contractor is obligated to comply with the Act and hold the owner harmless.
2.6.4 Statement of Corporate Ownership-Stockholder Disclosure - N.J.S.A. 52:25-24.2 (P.L. 1977
c.33)
In accordance with N.J.S.A. 52:25-24.2, no corporation, partnership, limited partnership, limited liability
corporation, limited liability partnership, Subchapter S corporation or sole proprietorship, shall be
awarded a contract, unless prior to the receipt of the RFP response/bid or accompanying the RFP
response/bid of the corporation, partnership, limited partnership, limited liability corporation, limited
liability partnership, Subchapter S corporation or sole proprietorship, there is submitted to the Borough a
statement setting forth the names and addresses of all stockholders who own 10% or more of the stock,
of any class or of all individual partners who own a 10% or greater interest in the corporation,
partnership, limited partnership, limited liability corporation, limited liability partnership, Subchapter S
corporation or sole proprietorship. If one or more such stockholder or partner is itself a corporation or
partnership, the stockholders holding 10% or more of that corporation’s stock, or the individual partners
owning 10% or greater interest in that partnership, as the case may be, shall also be listed. The
disclosure shall be continued until names and addresses of every non-corporate stockholder and
individual partner, exceeding the 10% ownership criteria established in this act has been listed. The form
shall be signed and submitted with the RFP proposal/bid whether or not a stockholder or partner owns
less than 10% of the business submitting the RFP proposal/bid. Failure to comply requires mandatory
rejection of the RFP proposal/bid. The Respondent shall complete and submit the form of statement that
is included in this RFP.
2.6.5 Non-Collusion Affidavit - N.J.S.A. 52:34-15
The Non-Collusion Affidavit, which is part of this RFP, shall be properly executed and submitted with
the RFP response.
2.6.6 Proof of N.J. Business Registration Certificate N.J.S.A. 52:32-44
Each bidder (contractor) is required to submit proof of business registration prior to award of the
contract. Proof of registration shall be a copy of the bidder’s Business Registration Certificate (BRC).
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:
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1. The contractor shall obtain and provide the owner the BRC of subcontractors knowingly
used on this contract.
2. The contractor shall maintain and submit to the contracting agency a list of
subcontractors and their addresses that may be updated from time to time during the
course of the contract performance. A complete and accurate list shall be submitted
before final payment is made for goods and services rendered under the contract.
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 taxable sales of tangible personal
property delivered into the State.
Failure to submit the BRC with the proposal is NOT a cause for rejection. However, the Borough
prefers the BRC be submitted with the proposal. If it is not provided prior to execution of a contract the
bidder’s bid guarantee shall be forfeited and the contract shall be awarded to the next lowest responsible
bidder.
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 $25.00 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.
A BRC is obtained from the New Jersey Division of Revenue and Enterprise Services. Information on
obtaining a BRC is available on the internet at www.nj.gov/treasury/revenue/busregcert.shtml or by
phone at (609) 292-2929.
Emergency Purchases or Contracts
For purchases of an emergent nature, the contractor shall provide its Business Registration Certificate
within two weeks from the date of purchase or execution of the contract or prior to payment for goods or
services, whichever is earlier.
2.6.7 Pay to Play – Notice of Disclosure Requirement
Business entities are advised of their responsibility to file an annual disclosure statement of political
contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A.
19:44A-20.27 if they receive contracts in excess of $50,000 from public entities in a calendar year.
Business entities are responsible for determining if filing is necessary. Additional information on this
requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.
2.6.8 Assign, Sublet or Transfer Any Rights/Interests
Neither the owner nor the Contractor shall assign, sublet, or transfer any rights or interest in this
Agreement without the prior written consent of the other party. Unless specifically stated to the contrary,
in writing, prior to an assignment, no assignment will release or discharge the assignor from any duty or
responsibility under this Agreement. Nothing herein shall be construed to give any rights or benefits to
anyone other than the owner and the Contractor.
2.6.9 Insurance and Indemnification
If it becomes necessary for the contractor, either as principal or by agent or employee, to enter upon the
premises or property of the owner in order to construct, erect, inspect, make delivery or remove property
hereunder, the contractor hereby covenants and agrees to take use, provide and make all proper,
necessary and sufficient precautions, safeguards, and protection against the occurrence of happenings of
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any accident, injuries, damages, or hurt to person or property during the course of the work herein
covered and be his/her sole responsibility.
The contractor shall maintain sufficient insurance to protect against all claims under Workers
Compensation, General Liability and Automobile and shall be subject to approval for adequacy of
protection and certificates of such insurance shall be provided.
Indemnification
The contractor agrees to indemnify and save harmless the owner, its officers, agents and employees,
hereinafter referred to as indemnitees, from all suits, including attorney’s fees and costs of litigation,
actions, loss damage, expense, cost of claims, of any character or on account of any act, claim or amount
arising or recovered under Worker’s Compensation law, or arising out of failure of the Contractor or
those acting under Contractor to conform to any statutes, ordinances, regulations, law or court decree. It
is the intent of the parties to this contract that the indemnities shall, in all instances, except for loss or
damage resulting from the sole negligence of the indemnitee, be indemnified against all liability, loss or
damage of any nature whatsoever.
Insurance Requirements:
Worker’s Compensation and Employer’s Liability Insurance
This insurance shall be maintained in full force during the life of this contract by the contractor covering
all employees engaged in performance of this contract pursuant to N.J.S.A. 34:15-12(a) and N.J.A.C.
12:235-1.6. Minimum Employer’s Liability $1,000,000.00.
General Liability Insurance
This insurance shall have limits of not less than $3,000,000.00 any one person and $3,000,000.00 any
one accident for bodily injury and $3,000,000.00 aggregate for property damage and shall be maintained
in force during the life of the contract.
Automobile Liability Insurance
This insurance covering contractor for claims arising from owned, hired and non-owned vehicles with
limits of not less than $3,000,000.00 any one person and $3,000,000.00 any one accident for bodily
injury and $3,000,000.00 each accident for property damage, shall be maintained in force during the life
of this contract by the contractor.
Professional Liability/Malpractice Insurance Policy (if applicable)
Coverage in the amount of $2,000,000.00/occurrence, $4,000,000.00 aggregate and assurance that each
such policy for each staff member remains full and in effect while providing services for owner.
The contractor shall provide the owner with a Certificate of Insurance naming the Borough of Middlesex
as additionally insured, evidencing the existence of required insurance prior to the commission of work.
Said insurance must include coverage for complete operations, contractual insurance and independent
contractor or subcontractor insurance, where and if applicable.
Errors and Omissions Insurance
A.
The contractor shall purchase and maintain during the entire period of this contract, errors
and omissions insurance that shall protect the contractor and the Borough from any and all
claims that may arise out of or result from the contractor’s performance of this contract.
Specifically, the errors and omissions insurance shall have limits of not less than
$2,000,000.00 dollars per occurrence and $4,000,000.00 dollars in the aggregate.
B.
Certificates of the Required Insurance
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Certificates as listed above shall be submitted along with the contract as evidence covering
Errors and Omissions insurance. Such coverage shall be with acceptable insurance
companies operating on an admitted basis in the State of New Jersey.
The contractor shall provide the Borough with a Certificate of Insurance naming the
Middlesex Borough, its employees, officers, and agents as additionally insured, and
evidencing the existence of required insurance prior to the commission of work.
Middlesex Borough will not accept Mutual Limitation of Liability terms.
2.6.10 Health Insurance Portability and Accountability Act of 1996 - HIPAA (If Applicable)
Both parties agree to comply with all requirements of the Federal Health Insurance Portability and
Accountability Act of 1996 (“HIPAA”) as maybe amended from time to time, and the corresponding
HIPAA regulations for the confidentiality and security of medical information.
The Contractor shall:
• Not use or disclose protected health information other than as permitted or required by law
• Use appropriate safeguards to protect the confidentiality of the information
• Report any use or disclosure not permitted
The contractor, by execution of the contract, shall thereby indemnify and hold the owner harmless from
any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the
failure of the contractor to comply with the requirements of the Health Insurance Portability and
Accountability Act (HIPAA) or any other statute or case law protecting the privacy of persons using its
services.
2.6.11 Proof of Licensure
Proof of licensure for providing Services in the State of New Jersey, for either the firm or the person
responsible for the work, shall be provided as required.
2.6.12 Disclosure of Investment Activities in Iran – P.L. 2012, c. 25
P.L. 2012, c.25 prohibits State and local public contracts with persons or entities engaging in certain
investment activities in energy or finance sectors of Iran.
2.7 Public Emergency
In the event of a Public Emergency declared at the Local, State or Federal Level, if the owner opts to
extend terms and conditions of this RFP, the contractor agrees to extend the terms and conditions of this
RFP, whether existing, expiring or expired no longer than six months, for goods and/or services for the
duration of the emergency. In the event the original contractor cannot meet this requirement, the owner
may solicit the goods and/or services from any bidder on this contract.
2.8 Multiple Proposals Not Accepted
More than one proposal from an individual, a firm or partnership, a corporation or association under the
same or different names shall not be considered.
2.9 Failure to Enter Contract
Should the respondent, to whom the contract is awarded, fail to enter into a contract within ten (10)
days, Sundays and holidays excepted, the owner may then, at its option, accept the proposal of another
respondent.
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2.10 Commencement of Work
The contractor agrees to commence work after the date of award by the owner and upon notice from the
using department.
2.11 Time of Completion
It is hereby understood and mutually agreed, by and between the respondent and the owner, that the date
on which the work shall be substantially complete as specified in the RFP is an essential condition of
this contract. It is further mutually understood and agreed that the work and contract time embraced in
this Contract shall commence on the date specified and that the resulting contract shall be completed in
sequence and time frames identified by the owner.
The respondent agrees that said services shall be processed regularly, diligently, and uninterruptedly at
such rate of progress as will ensure full completion thereof within the time specified. It is expressly
understood and agreed, by and between the respondent and the owner, that the time of completion of the
services described herein is a reasonable time for the completion of it.
2.12 Termination of Contract
If, through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations under
the Contract or if the contractor violates any requirements of the Contract, the owner shall thereupon
have the right to terminate the Contract by giving written notice to the contractor of such termination at
least thirty (30) days prior to the proposed effective date of the termination. Such termination shall
relieve the owner of any obligation for the balances to the contractor of any sum or sums set forth in the
Contract.
The contractor agrees to indemnify and hold the owner 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 owner under this provision.
In case of default by the contractor, the owner may procure the articles or services from other sources
and hold the contractor responsible for any excess cost occasioned thereby.
2.13 Non-Allocation of Funding Termination
Each fiscal year payment obligation of the Owner is conditioned upon the availability of Owner funds
appropriated or allocated for the payment of such an obligation. If funds are not allocated and available
for the continuance of any services performed by the Contractor hereunder, whether in whole or in part,
the Owner at the end of any particular fiscal year may terminate such services. The Owner will notify
the Contractor in writing immediately of any services that will be affected by a shortage of appropriated
funds. This provision shall not be construed so as to permit the Owner to terminate this Agreement
during the term, or any service hereunder, merely in order to acquire identical services from a third-party
contractor.
2.14 Force Majeure
Neither party shall be responsible for any resulting loss or obligation to fulfill duties as specified in any
of the terms or provisions of this Agreement if the fulfillment of any term or provision of this
Agreement is delayed or prevented by any revolutions, insurrections, riots, wars, acts of enemies,
national emergencies, strikes, floods, fires, acts of God, or by any cause not within the control of the
party whose performance is interfered with which by the exercise of reasonable diligence such party is
unable to prevent. Additionally, if the fulfillment of any of the terms and provisions of this Agreement
is delayed or prevented by any court order, or action or injunction or other such agreement, this
Agreement shall become voidable by the Borough of Middlesex by notice to each party.
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2.15 The Owner and the Contractor each bind themselves and their successors, executors,
administrators, heirs and assigns and legal representatives of the other party respecting all covenants and
agreements and obligations of this contract.
2.16 The terms of this contract shall be construed and interpreted, and all respective rights and duties of
the parties shall be governed by the laws of the State of New Jersey.
2.17 Challenge of Specifications
Any respondent who wishes to challenge a specification shall file such challenge in writing with the
Purchasing Agent no less than three (3) business days prior to the opening of the RFP's.
Challenges filed after that time shall be considered void and having no impact on the owner or the award
of contract.
2.18 Payment
Invoices shall be submitted monthly and must specify, in detail, the period for which payment is
claimed, the services performed during the prescribed period, the amount claimed and correlation
between the services claimed, all backup documentation (mileage, time logs, receipts for expenses, etc.),
amount remaining in total balance, and the Proposal Cost Form.
The Borough of Middlesex will provide a sample Progress Report and Invoice for the Hired Consultant
to ensure compliance.
The owner may withhold all or partial payments on account of subsequently discovered evidence
including but not limited to the following:
1. Deliverables not complying with the project specification;
2. Claims filed or responsible evidence indicating probability of filing claims;
3. A reasonable doubt that the Contract can be completed for the balance then unpaid.
When the above grounds are removed, payment shall be made for amounts withheld because of them.
Invoices shall specify, in detail, the period for which payment is claimed, the services performed during
the prescribed period, the amount claimed and correlation between the services claimed and the Proposal
Cost Form.
2.19 Non-payment of Penalties and Interest on Overdue Bills
Public funds may be used to pay only for goods delivered or services rendered. The Borough of
Middlesex will not pay penalties and/or interest on overdue bills. No employee is authorized to sign a
letter of credit or any other document that represents a legal commitment on the part of the Borough to
pay additional fees.
2.20 Ownership of Material
The owner shall retain all of its rights and interest in any and all documents and property both hard copy
and digital furnished by the owner to the contractor for the purpose of assisting the contractor in the
performance of this contract. All such items shall be returned immediately to the owner at the expiration
or termination of the contract or completion of any related services, pursuant thereto, whichever comes
first. None of the documents and/or property shall, without the written consent of the owner, be
disclosed to others or used by the contractor or permitted by the contractor to be used by their parties at
any time except in the performance of the resulting contract.
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Ownership of all data, materials and documentation originated and prepared for the owner pursuant to
this contract shall belong exclusively to the owner. All data, reports, computerized information,
programs and materials related to this project shall be delivered to and become the property of the owner
upon completion of the project. The contractor shall not have the right to use, sell, or disclose the total of
the interim or final work products, or make available to third parties, without the prior written consent of
the owner.
Under state and federal statutes, certain government records are protected from public disclosure. The
Borough, the Contractor and any Subcontractors have a responsibility and an obligation to safeguard
from public access an employee's personal information with which it has been entrusted when disclosure
thereof would violate the employee's reasonable expectation of privacy. All payroll, personnel and
health insurance related files are confidential. Additionally, the Contractor and any Subcontractors may
be privy to sensitive law enforcement information or investigations during their review which must
remain confidential. The Borough reserves the right to make any public disclosure under the law. Also,
among government records deemed confidential are administrative or technical information regarding
computer hardware, software and networks that, if disclosed, would jeopardize computer security. The
Contractor and any Subcontractor(s) are prohibited from the sale or distribution of all supplied
information to any third party.
2.21 Source of Specifications/RFP Packages
Official Request for Proposal (RFP) packages for routine goods and services are available from
www.middesexboro-nj.gov at no cost to the prospective respondents. All addenda are posted on this
site. Potential respondents are cautioned that they are responding at their own risk if a third party
supplied the specifications that may or may not be complete. The Borough is not responsible for third
party supplied RFP documents.
2.22 Altering Official Document
Respondents shall not write in any margins or alter the official content of Borough’s RFP document.
2.23 RFP Preparation of Forms
RFPs must be signed in ink by the respondent; all quotations shall be made with a typewriter/computer
or pen and ink. Any quotation showing any erasure alteration must be initialed by the respondent in ink.
Unit prices and totals are to be inserted in spaces provided.
2.24 W-9
Successful bidder/respondent shall complete W-9 Form and submit to Finance prior to contract award.
The form is available at the following link: www.irs.gov/pub/irs-pdf/fw9.pdf
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3. SCOPE OF WORK (SOW)
The following is a description of the professional services needed, including where appropriate, a
description of tasks involved:
APPRAISAL SERVICES for tax appeals, open space acquisitions and property acquisitions for road
widening and public works projects. The minimum threshold criteria that will be utilized for the
evaluation of the responses shall be as follows:
1) Certified by the State of New Jersey as an appraiser (MAI designation)
2) Provide evidence of professional liability insurance
3) Experience in preparing appraisal reports for a minimum of five (5) years
4) Experience in valuation of properties for condemnation purposes
5) Experience in valuation of properties for tax appeals
6) Experience in valuation of properties for open space acquisitions; and
7) Knowledge of the Borough and its operations
AUDITING SERVICES for the preparation of the annual audit and annual financial statements of the
Borough. The minimum threshold criteria that will be utilized for the evaluation of the responses shall
be as follows:
1) The auditor signing the opinion letter must be a certified public accountant and a registered
municipal accountant
2) Provide evidence of professional liability insurance
3) Experience in providing advice and recommendations in the review of capital project requests
and timing and issuing of debt instruments by public bodies
4) Experience in the budgeting process and preparation of audits and annual financial statements for
public entities for a minimum of five (5) years; and
5) Knowledge of the Borough and its operations
ENGINEERING SERVICES for the general operations of the Borough. The minimum threshold
criteria that will be utilized for the evaluation of the responses shall be as follows:
1) Licensed to provide engineering services in the State of New Jersey for a minimum of five (5)
years
2) Evidence of professional liability insurance
3) Provide evidence of professional liability insurance
4) Representation of government entities for a minimum of five (5) years
5) Experience in submitting Federal and State of New Jersey Grant Applications for various infra-
structure improvement projects
6) Experience in State of New Jersey Stormwater Management requirements, including preparation
of Stormwater Pollution Prevention Plan; and
7) Knowledge of the Borough and its operations
ENGINEERING SERVICES – ALTERNATE for the general operations of the Borough. The
minimum threshold criteria that will be utilized for the evaluation of the responses shall be as follows:
1) License to provide engineering services in the State of New Jersey for a minimum of five (5)
years
2) Evidence of professional liability insurance
3) Provide evidence of professional liability insurance
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4) Representation of government entities for a minimum of five (5) years
5) Experience in submitting Federal and State of New Jersey Grant Applications for various infra-
structure improvement projects
6) Experience in State of New Jersey Stormwater Management requirements, including preparation
of Stormwater Pollution Prevention Plan; and
7) Knowledge of the Borough and its operations
ENGINEERING SERVICES - LAND USE BOARD. The minimum threshold criteria that will be
utilized for the evaluation of responses shall be as follows:
1) Licensed to provide engineering services in the State of New Jersey for a minimum of five (5)
years
2) Evidence of professional liability insurance
3) Representation of government entities for a minimum of five (5) years
4) Experience in review of land use and site plan applications and all related reviews for a
minimum of five (5) years
5) Experience and knowledge of the laws and regulations controlling zoning, development and land
use
6) Experience and knowledge of DEP laws and regulations; and
7) Knowledge of the Borough Land Use Board and its applications
ENGINEERING SERVICES - ENVIRONMENTAL for the Borough of Middlesex. The minimum
threshold criteria that will be utilized for the evaluation of responses shall be as follows:
1) Licensed to provide environmental engineering services in the State of New Jersey for a
minimum of five (5) years
2) Evidence of professional liability insurance
3) Experience with environmental site assessment regulations of the New Jersey Department of
Environmental Protection and the United States Environmental Protection Agency including site
remediation and brownfield development
4) Experience with remediation procedures dealing with underground storage tanks and
surrounding facilities
5) Experience with all phases of landfill monitoring, including preparation and submission of all
documents as required by the State of New Jersey Department of Environmental Protection
6) Representation of government entities for a minimum of five (5) years; and
7) Knowledge of the Borough and its operations
LEGAL COUNSEL – BOND - The Borough requires legal services for the representation of the
Borough in issuing bonds and financings. The minimum threshold criteria that will be utilized for the
evaluation of the responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Representation of government entities in the field of public finance for a minimum of five (5)
years; and
4) Knowledge of the Borough and its operations
LEGAL COUNSEL – MUNICIPAL ATTORNEY - The Borough requires general legal counsel. The
minimum threshold criteria that will be utilized for the evaluation of the responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
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2) Evidence of professional liability insurance
3) Experience in field of municipal law representing governmental entities including preparation of
ordinances and resolutions, tax appeals, property acquisitions, knowledge of rehabilitation laws
and tax abatement laws and condemnation proceedings for a minimum of five (5) years
4) Knowledge of the Borough and its operation
5) Draft or approve as to form and sufficiency all legal documents, contracts, deeds, ordinances and
resolutions made, executed or adopted by or on behalf of the Borough
6) With appropriate approval, conduct appeals from orders, decisions or judgments affecting any
interest of the Borough as the Attorney may in his/her discretion determine to be necessary or
desirable, or as directed by Mayor and Council
7) Subject to the approval of Mayor and Council, have the power to enter into any agreement,
compromise or settlement of any litigation in which the Borough is involved
8) Render opinions in writing upon any question of law submitted to the Attorney by the Mayor,
Council, or any member thereof, or the head of any department, with respect to their official
powers and duties and shall perform such other duties as may be necessary to provide legal
counsel to the Mayor, Borough Council and Clerk in the administration of the municipal affairs
9) Supervise and direct the work of such additional attorneys and technical professional assistants
as the Council may authorize for special or regular employment in or for the Borough; and
10) Have such other different functions, powers and duties as may be provided by general law or
ordinance
LEGAL COUNSEL – CONFLICT MUNICIPAL ATTORNEY - The Borough requires general legal
counsel. The minimum threshold criteria that will be utilized for the evaluation of the responses shall be
as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Experience in field of municipal law representing governmental entities including preparation of
ordinances and resolutions, tax appeals, property acquisitions, knowledge of rehabilitation laws
and tax abatement laws and condemnation proceedings for a minimum of five (5) years
4) Knowledge of the Borough and its operation
5) Draft or approve as to form and sufficiency all legal documents, contracts, deeds, ordinances and
resolutions made, executed or adopted by or on behalf of the Borough
6) With appropriate approval, conduct appeals from orders, decisions or judgments affecting any
interest of the Borough as the Attorney may in his/her discretion determine to be necessary or
desirable, or as directed by Mayor and Council
7) Subject to the approval of Mayor and Council, have the power to enter into any agreement,
compromise or settlement of any litigation in which the Borough is involved
8) Render opinions in writing upon any question of law submitted to the Attorney by the Mayor,
Council, or any member thereof, or the head of any department, with respect to their official
powers and duties and shall perform such other duties as may be necessary to provide legal
counsel to the Mayor, Borough Council and Clerk in the administration of the municipal affairs
9) Supervise and direct the work of such additional attorneys and technical professional assistants
as the Council may authorize for special or regular employment in or for the Borough; and
10) Have such other different functions, powers and duties as may be provided by general law or
ordinance
LEGAL COUNSEL - LAND USE BOARD. The Borough requires general legal land use counsel.
The minimum threshold criteria that will be utilized for the evaluation of the responses shall be as
follows:
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1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Experience in the field of municipal law representing governmental entities including land use
and site plan for a minimum of five (5) years; and
4) Knowledge of the Borough Land Use Board and its operations
LEGAL COUNSEL – TAX APPEALS - The Borough is seeking legal services for tax appeal
activities of the Borough. The minimum threshold criteria that will be utilized for the evaluation of the
responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Representation of governmental entities in the field of tax appeals, for a minimum of five (5)
years; and
4) Knowledge of the Borough and its operations
LEGAL COUNSEL – MUNICIPAL PROSECUTOR - The Borough requires legal services for the
position of prosecutor of the Middlesex Municipal Court. The minimum threshold criteria that will be
utilized for the evaluation of the responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Experience as a municipal prosecutor for a municipality for a minimum of five (5) years; and
4) Knowledge of the Borough Municipal Court and its operations
LEGAL COUNSEL – LABOR - The Borough requires legal services for the representation of the
Borough regarding labor relations proceedings in which the Borough or any of its officers or agencies
may be a party or have an interest. The minimum threshold criteria that will be utilized for the
evaluation of the responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Knowledge of the Borough and its operations
4) Representation of governmental entities in the field of labor relations for a minimum of (5) years
5) Render opinions in writing upon any question submitted by the Mayor, Borough Clerk or
Administrator working in conjunction with aforesaid municipal officials relating to matters of
labor law and employee practices and policies, where required by the Borough
6) Draft or approve as to form and sufficiency all labor related legal documents and contracts,
executed or adopted by or on behalf of the Borough; and
7) With appropriate approval, conduct appeals from orders, decisions or judgments affecting any
labor interest of the Borough
LEGAL COUNSEL – REDEVELOPMENT - The Borough is seeking legal services for the
redevelopment activities of the Borough. The minimum threshold criteria that will be utilized for the
evaluation of the responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Representation of governmental entities in the field of redevelopment, with particular emphasis
on municipal improvement authorities, for a minimum of five (5) years; and
4) Knowledge of the Borough and its operations
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LEGAL COUNSEL – CONFLICT REDEVELOPMENT - The Borough is seeking legal services for
the redevelopment activities of the Borough. The minimum threshold criteria that will be utilized for the
evaluation of the responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Representation of governmental entities in the field of redevelopment, with particular emphasis
on municipal improvement authorities, for a minimum of five (5) years; and
4) Knowledge of the Borough and its operations
LEGAL COUNSEL – ENVIRONMENTAL - The Borough requires environmental legal counsel. The
minimum threshold criteria that will be utilized for the evaluation of the responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for minimum of five (5) years
2) Evidence of professional liability insurance
3) Experience in field of municipal environmental law representing governmental entities for a
minimum of five (5) years
4) Knowledge of the Borough and its operation
5) Draft or approve as to form and sufficiency all legal documents and contracts made, executed or
adopted by or on behalf of the Borough
6) With appropriate approval, conduct appeals from orders, decisions or judgments affecting any
interest of the Borough as the Environmental Attorney may in his/her discretion determine to be
necessary or desirable, or as directed by Mayor and Council
7) Subject to the approval of Mayor and Council, have the power to enter into any agreement,
compromise or settlement of any litigation in which the Borough is involved
8) Render opinions in writing upon any question of environmental law submitted to the Attorney by
the Mayor or Council; and
9) Supervise and direct work of such additional attorneys and technical professional assistants as
the Council may authorize for special or regular employment in or for the Borough
PROFESSIONAL PLANNER – BOROUGH - The Borough requires planning services for the
representation of the Borough. The minimum threshold criteria that will be utilized for the evaluation of
the responses shall be as follows:
1) Licensed as a professional planner by the State of New Jersey for a minimum of five (5) years
2) Experience in preparation of planning of municipal master plan and enacting ordinance
3) Experience in representing municipalities before the Council on Affordable Housing and
preparing housing element and fair share plan
4) Provide evidence of professional liability insurance
5) Representation of governmental entities in the field of planning for a minimum of five (5) years;
and
6) Knowledge of the Borough and its operations.
PROFESSIONAL PLANNER – LAND USE BOARD - The Borough requires planning services for
the representation of the Borough Land Use Board. The minimum threshold criteria that will be utilized
for the evaluation of the responses shall be as follows:
1) Licensed as a professional planner by the State of New Jersey for a minimum of five (5) years
2) Experience in preparation of planning of municipal master plan and enacting ordinances
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3) Experience in representing municipalities before the Council on Affordable Housing and
preparing housing element and fair share plan
4) Representation of governmental entities in the field of planning for a minimum of five (5) years
5) Knowledge of the Borough and its operations
6) Experience with state criteria for granting of variances and zoning requirements
7) Provide evidence of professional liability insurance
8) Familiar with development and site plan reviews; and
9) Knowledge of the Borough and its operations
SEWAGE COLLECTION SYSTEM OPERATOR – C-4 OPERATOR - The Borough requires
services of a Licensed Sewage Collection System Operator for the sewage collection services in the
Borough. The minimum threshold criteria that will be utilized for the evaluation of the responses shall
be as follows:
1) Licensed as a professional C-4 License Operator by the State of New Jersey for a minimum of
five (5) years
2) Evidence of professional liability insurance
3) Representation of governmental entities in the field of sewage collection, with particular
emphasis on municipal authorities, for a minimum of five (5) years
4) Knowledge of the Borough and its operations
5) Experience with NJDEP interaction with regards to municipal systems
6) Experience with requirements and submittal of reports submitted to the MCUA on the systems
operations; and
7) Experience reviewing the data on sewage quality and quantity, and the quarterly charges from
the MCUA and qualified to propose recommended improvements to the collection system and
pumping station to improve operations and reduce infiltration and inflow.
PUBLIC DEFENDER – The Public Defender shall be a licensed Attorney at Law of New Jersey and
shall provide all necessary and desirable legal counsel and advise to those Municipal Court Defendants
who are financially qualified to receive the services of the Public Defender. The Public Defender shall
handle his duties as directed by the Borough Attorney.
ALTERNATE PUBLIC DEFENDER - The Alternate Public Defender shall be a licensed Attorney at
Law of New Jersey and shall provide all necessary and desirable legal counsel and advice to case related
to 2 other co-defendants already assigned to Public Defenders. The Alternate Public Defender shall
handle his duties as directed by the Municipal Court Judge. Public Defenders court dates are only
scheduled twice a month, usually the first and last Monday of each month.
RISK MANAGEMENT CONSULTANT - The Borough requires a Risk Management Consultant. The
minimum threshold criteria that will be utilized for the evaluation of the responses shall be as follows:
1) Assisting the Borough in identifying its insurable property and casualty exposures and
recommend professional methods to reduce, assume or transfer risk or loss
2) Reviewing with the Borough any additional coverages that should be carried but are not
available from the Middlesex County Joint Insurance Fund (FUND); and, subject to the
Borough’s authorization, place such coverages outside the FUND
3) Reviewing existing insurance coverage levels and advise whether or not those coverage levels
are appropriate
4) Reviewing Certificates of Insurance from contractors, vendors and professionals when requested
by the Borough
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5) Marketing the Borough’s insurance needs with the current FUND, other Joint Insurance Funds,
private insurance companies or other venues to obtain the best possible coverage for the lowest
possible cost
6) Assisting where needed in the settlement of claims. The consultant would not be responsible for
work normally done by a public adjuster
7) Attending any meetings that the Borough deems necessary
8) Reviewing the Borough’s assessment as prepared by the FUND and assist the Borough in the
preparation of its annual insurance budget
9) Following up with the FUND for timely issuance of Policies and Endorsement and reviewing
same for accuracy and conformity to specifications
10) Assisting the Borough in the preparation of applications, statements of values, and similar
documents requested by the FUND
11) Reviewing the loss and engineering reports and generally assist the Borough’s Safety
Committee in its loss containment objectives. Attend and participate on the Safety Committee to
promote the safety objectives and goals of the Borough and FUND; and
12) Performing any other risk management related services required by the Borough or FUND’s
bylaws.
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BOROUGH OF MIDDLESEX
EXCEPTIONS
For each exception, the bidder must identify the specific section of specifications by providing the number and
title the exception applies to. It is the responsibility of the bidder to document the equivalence claim in
writing. Submitting product brochures is not an acceptable claim of equivalence.
(IF NONE SO STATE)
USE ADDITIONAL SHEET IF NECESSARY
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4.
Proposal Requirements
4.1 Qualification Statement
A statement is to be provided by the respondent who will serve as the primary contractor. The statement
shall set forth brief details of the firm's principal activities, the number of personnel in the firm and the
firm's location. Please provide a list of (3) three clients for whom similar services have been provided.
Include the following in your response:
1. Name of government agency.
2. Contact person’s name, position, and current telephone number.
3. Dates, cost and scope of service.
4. Status and comments
4.2 Key Personnel Information
The respondent shall provide the identity and the professional credentials of the principals and other key
personnel either working for the contractor and their areas of responsibilities.
4.3 Subcontractors
Respondents may engage the services of subcontractors for completion of this project. If their proposal
involves any subcontractors, full details on the nature of the work to be performed by them and the
location in which the work is to be performed must be provided. The respondent understands that if
selected, the owner prior to initiating any subcontracted work, must approve the use of subcontractors in
writing.
4.4 Proposal Forms
The following forms are contained in the attachments. All forms are required and shall be completed
and made part of the proposal submitted.
1. Proposal Cost/Signature Form
2. Qualifications Submission Form
3. Non-Collusion Affidavit
4. Stockholder Disclosure
5. Affirmative Action Statement
6. Professional Service Entity Information Form
7. Acknowledgement of Receipt of Addenda
8. List of Contribution
9. Disclosure of Investment Activities In Iran
4.5 Location of Servicing Office
The proposal must list the location and address of the present, active office that will service and manage
this contract.
5.
Evaluation, Review and Selection Process
5.1 Proposals to Remain Subject to Acceptance
RFP responses shall remain open for a period of sixty (60) calendar days from the stated submittal. The
owner will either award the Contract within the applicable time period or reject all proposals.
The owner may extend the decision to award or reject all proposals beyond the sixty (60) calendar days
when the proposals of any respondents who consent thereto may, at the request of the owner, be held for
consideration for such longer period as may be agreed.
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5.2 Rejection of Proposals
The owner reserves the right to reject any or all proposals, or to reject any proposals if the evidence
submitted by, or investigation of such respondent fails to satisfy the owner that such respondent is
properly qualified to carry out the obligations of the RFP and to complete the work contemplated
therein. The owner reserves the right to waive any minor informality or reject any/or all submissions in
accordance with the Fair & Open Public Solicitation Process for professional services(s) pursuant to P.L.
2004, c.19 (N.J.S.A. 19:44A-20.4 et seq.) in the RFP.
5.3 Evaluation Process
An evaluation team will review all proposals to determine if they satisfy the Proposal Requirements,
determine if a proposal should be rejected and evaluate the proposals based upon the Evaluation Criteria.
The highest-ranking respondent will then be recommended to the governing body for award of contract,
based on most advantageous price and other factors. The Borough reserves the right to reach out to the
respondents to get clarification on Proposals on specific items if necessary during the deliberation
process.
Evaluation Team – RFP respondents are prohibited from contacting any member of the evaluation team
directly without a formal invitation. If it is found that a respondent has attempted to discuss their
proposal with a team member without an invite then their proposal may be deemed unresponsive. All
questions during the evaluation period shall be directed to the Purchasing Agent.
5.4 Evaluation Criteria
The criteria considered in the evaluation of each proposal follows. The arrangement of the criteria is not
meant to imply order of importance in the selection process. All criteria will be used to select the
successful respondent.
This will be based on the quality of the content of the RFP and the respondent's ability to communicate a
thorough understanding of the required tasks and the approach to meet the scope of work outlined in the
RFP. The proposals will be evaluated for general compliance with instructions and requests issued in
the RFP. Non-compliance with significant instructions will be grounds for disqualification of proposals.
5.4.1 Understanding of the Requested Work
The proposals will be evaluated for general compliance with instructions and requests issued in the RFP.
Non-compliance with significant instructions shall be grounds for disqualification of proposals.
5.4.2 Knowledge and Technical Competence
This includes the ability of the respondent to perform all of the tasks and fulfill adequately the stated
requirements.
5.4.3 Management, Experience and Personnel Qualifications
Expertise of the firm shall be demonstrated by past contract successes providing government agencies
with similar services. The respondent will be evaluated on knowledge, experience, prior collaboration
and successful completion of projects/services similar to that requested in this RFP.
In addition to relevant experience, respondents shall provide personnel qualifications in the Proposal.
(See 4.1 and 4.2).
5.4.4 Ability to Complete the Project/Services in a Timely Manner
This is based on the estimated duration of the tasks and the respondent’s ability to accomplish these
tasks as stated.
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5.4.5 Cost
Price shall be based on amount stated on the proposal cost form. Total overall costs to complete the
project, the cost of maintenance, training, etc., or price shall be based on hourly rates and schedules of
fees submitted with the proposal. Any services not included as part of any resulting contract scope of
services must be approved and authorized by the owner before such work is initiated. The owner shall
pay for such approved services, at the rate or cost agreed upon between the owner and contractor,
provided the respondent has provided a schedule of fees for additional services with this RFP.
5.5 Term of the contract
The term of this contract is January 1, 2021– December 31, 2021. (Options to extend may be exercised
by mutual agreement in accordance with terms of N.J.S.A. 40A:11-4.1 et seq.)
5.6 Notice of Award
The successful respondent will be notified of the award of contract upon a favorable decision by the
governing body.
6.
List All Contributions
List all contributions, including in-kind contributions you or your firm/company (including all
equitable owners/members thereof) have made to any campaign or candidate for any public
office in Middlesex Borough or Middlesex County in 2019-2020. Include amount(s) of such
contribution(s) and the candidate(s) or committees to whom such amounts were given.
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BOROUGH OF MIDDLESEX
CHECKLIST
PROFESSIONAL SERVICE TITLE: _________________________________________________
Please fill in the appropriate title in the space above.
SUBMISSION DATE: Tuesday, December 8, 2020 at 11:00 AM
The following items, as indicated below (X), shall be provided with the receipt of sealed submissions:
1. Non-Collusion Affidavit …………………………….……………………………… ___X____
2. Stockholder Disclosure Certification ……………………………………….…………. ___X____
3. Insurance Requirement Acknowledgement Form …………..……….……………… ___X____
4. Mandatory Equal Employment Opportunity Notice Acknowledgement ………………___X____
5. Copy of your Business Registration Certificate as issued by the State of
New Jersey, Department of Treasury, Division of Revenue ...……………………….. ___X____
6. Professional Service Entity Information Form ……………………….………………. ___X____
7. Qualifications Submission Form…….………………………………………….……… ___X____
8. List of Contribution(s)………………..………………………….……………………… ___X____
9. Disclosure of Investment Activities in Iran………………………….…………………. ___X____
10. Acknowledgement of Corrections, Additions or Deletions Form …………………. ___X____
Reminder
Please submit one (1) original and one (1) additional set of the sealed submission.
Each submission shall be contained in a sealed envelope addressed to: Purchasing Agent,
Borough of Middlesex, 1200 Mountain Ave., Middlesex, NJ 08846 or in the preprinted
envelope supplied with the submission package when available, and said envelope shall
specify the Appointment Title/Professional Service for which the submission is provided.
The submission is to be clearly marked (indicating the category of the professional service) –
“Sealed Submission Enclosed” (e.g. Borough Auditor – sealed submission enclosed) and
must be delivered at the place and time required or mailed so as to be received prior to the
opening time set in the advertisement.
Submissions received after the hour herein named or in unsealed envelopes shall not be
considered.
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BOROUGH OF MIDDLESEX
BID PROPOSAL FORM/SIGNATURE PAGE
TO THE BOROUGH OF MIDDLESEX:
The undersigned declares that he/she has read the Notice, Instructions, Affidavits and Scope of
Services attached, that he/she has determined the conditions affecting the bid and agrees, if this
bid is accepted, to furnish and deliver services per the following:
PROFESSIONAL SERVICES
FEE SCHEDULE SUBMITTED Yes No
(Corporation)
The undersigned is a (Partnership) under the laws of the State of __________________________ having its
(Individual)
Principal office at
Company
Federal I.D. # or Social Security #
Address
Signature of Authorized Agent
Type or Print Name
Title of Authorized Agent
Date
Telephone Number
Email Address
Fax Number
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LIST ALL CONTRIBUTION(S)
2019-2020
List all contributions, including in-kind contributions you or your firm/company (including all
equitable owners/members thereof) have made to any campaign or candidate for any public office
in Middlesex Borough or Middlesex County in 2019-2020. Include amount(s) of such contribution(s)
and the candidate(s) or committees to whom such amounts were given.
Name of Campaign or Candidate
Amount of Contribution
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
By signing below you acknowledge that you or your firm/company (including all equitable
owners/members thereof), have not made any contributions to any campaign or candidate for any
public office in Middlesex Borough or Middlesex County in 2019-2020.
COMPANY: ______________________________ PRINT NAME: ____________________________
SIGNATURE:___________________________ TITLE: __________________________________
DATE: __________________
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BOROUGH OF MIDDLESEX
QUALIFICATIONS SUBMISSION FORM
1.
Names and roles of the individuals who will perform the services and description of
their education and experience with projects similar to the services contained herein
including their education, degrees and certifications:
2.
References and record of success of same or similar service:
3.
Description of ability to provide the services in a timely fashion (including staffing,
familiarity and location of key staff):
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4. Cost details, including the hourly rates of each of the individuals who will perform
services, including their title, level of expertise and years of experience, and all expenses:
Firm __________________________________________ Date: _________________________
Authorized Representative (Print):___________________________________________________
Signature: ________________________ Title:________________________________________
Telephone #: _____________________ Fax #: ______________________________________
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BOROUGH OF MIDDLESEX
PROFESSIONAL SERVICE ENTITY INFORMATION FORM
If the Professional Service Entity is an INDIVIDUAL, sign name and give the following information:
Name:______________________________________________________________________________________________
Address:_____________________________________________________________________________________________
Telephone No.: ____________________Social Security No.:___________________________________________________
Fax No.: _______________________ E-Mail: _____________________________________________________________
If individual has a TRADE NAME, give such trade name:
Trading As: _________________________________ Telephone No.: ___________________________________________
****************************************************************************************************
If the Professional Service Entity is a PARTNERSHIP, give the following information:
Name of
Partners:_____________________________________________________________________________________________
Firm
Name:_______________________________________________________________________________________________
Address:_____________________________________________________________________________________________
Telephone No.: ____________________________ Federal I.D. No.:_____________________________________________
Fax No.: ______________________ E-Mail:_______________________________________________________________
Social Security No.:___________________________________________________________________________________
Signature of authorized agent:____________________________________________________________________________
****************************************************************************************************
If the Professional Service Entity is INCORPORATED, give the following information:
State under whose laws incorporated:_____________________________________________________________________
Location of principal office:_____________________________________________________________________________
Telephone No.: ____________________ Federal I.D. No.: ____________________________________________________
Fax No.: _______________________ E-Mail:_______________________________________________________________
Name of agent in charge of said office upon whom notice may be legally served:
____________________________________________________________________________________________________
Telephone No.: ___________________Name of Corporation: __________________________________________________
Signature: By: __________________________________________________________
Title: Address: ______________________________________________________________
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BOROUGH OF MIDDLESEX
OWNERSHIP STATEMENT - STOCKHOLDER DISCLOSURE FORM
LEGAL NAME OF BIDDER: ___________________________________________________________
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
Other, Please List __________________________________
List the names and addresses of all stockholders who own ten (10%) percent or more of the above company’s stock, and if
there are NO STOCKHOLDERS OF 10% OR MORE, simply check the second box below. If one or more such
stockholders or partner is itself a corporation or partnership, the stockholders holding 10% or more of that corporation's
stock, or the individual partners owning 10% of that corporation's stock, or the individual partners owning 10% or greater
interest in that partnership, as the case may be, must also be listed.
The disclosure shall be continued until names and addresses of every person who is a non-corporate
stockholder, or individual partner, exceeding the 10% ownership criteria established in this act, has been
listed, in full compliance with Chapter 33 of the New Jersey Public Laws of 1977.
BIDDERS/RESPONDENTS MUST CHECK THE APPROPRIATE BOX:
I certify that the list below contains the names and addresses of all stockholders holding 10% or more of the issued
and outstanding stock of the undersigned.
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned.
Publicly Traded - For publicly traded entities to comply with N.J.S.A. 52:25-24.2 they may submit the name and address
of each publicly traded entity, and the name and address of each person holding 10% or more beneficial interest in the
publicly traded entity as of the last annual filling with the Security Exchange Commission (SEC), or foreign equivalent
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing, or foreign equivalent:
____________________________________________________________________________________________
The requested information is available on the following page number(s) of the SEC, or foreign equivalent, filing:
____________________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
(Note: Attach additional pages if necessary)
________________________________________________________________
______________
(Respondent/Respondent Authorized Signature)
(Date)
___________________________________________
______________________________________
(Print name of authorized signatory)
(Title)
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30
BOROUGH OF MIDDLESEX
NON-COLLUSION AFFIDAVIT
State of _____________
County of _____________
ss:
I, _____________________________ of the City of _______________________________
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 bidder making this Proposal for the above named project, and that I executed the said proposal
with full authority so to do; that said bidder has not, directly or indirectly entered into any
agreement, participated in any collusion, or otherwise taken any action in restraint of free,
competitive bidding in connection with the above named project; and that all statements contained
in said proposal and in this affidavit are true and correct, and made with full knowledge that the
Borough of Middlesex 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_________________________________.
(Name of Contractor)
(N.J.S.A. 52:34-15)
Subscribed and sworn to
Before me this _______day
Of ___________, _______.
Signature
(Type or print name of affiant under signature)
_______________________________________
Notary public of
My Commission expires ___________________.
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31
EXHIBIT A
EEO/AFFIRMATIVE ACTION COMPLIANCE NOTICE
N.J.S.A. 10:5-31 and N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance
to the Borough and Division of Public Contracts Equal Employment Opportunity Compliance. During
a review, Division representatives will review the Borough files to determine whether the
affirmative action evidence has been submitted by the vendor/contractor. Specifically, each
vendor/contractor shall submit to the Borough, prior to execution of the contract, one of the
following documents:
Goods and General Service Vendors
1. Letter of Federal Approval indicating that the vendor is under an existing federally approved or
sanctioned affirmative action program. A copy of the approval letter is to be provided by the
vendor to the Borough and the Division. This approval letter is valid for one year from the date
of issuance.
Do you have a federally-approved or sanctioned EEO/AA program?
Yes
No
If yes, please submit a photo static copy of such approval.
2. A Certificate of Employee Information Report (hereafter “Certificate”), issued in accordance with
N.J.A.C. 17:27-1.1 et seq. The vendor must provide a copy of the Certificate to the Borough as
evidence of its compliance with the regulations. The Certificate represents the review and
approval of the vendor’s Employee Information Report, Form AA-302 by the Division. The
period of validity of the Certificate is indicated on its face. Certificates must be renewed prior to
their expiration date in order to remain valid.
Do you have a State Certificate of Employee Information Report Approval?
Yes
No
If yes, please submit a photo static copy of such approval.
3. The successful vendor shall complete an Initial Employee Report, Form AA-302 and submit it to
the Division with $150.00 Fee and forward a copy of the Form to the Borough. Upon submission
and review by the Division, this report shall constitute evidence of compliance with the
regulations. Prior to execution of the contract, the EEO/AA evidence must be submitted.
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on
the Division website www.state.nj.us/treasury/contract_compliance.
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal
Employment Opportunity Compliance, with a copy to Public Agency.
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 and N.J.A.C. 17:27 and agrees to furnish the required forms of
evidence.
The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27.
COMPANY: ______________________________ SIGNATURE: ____________________________
PRINT NAME:___________________________ TITLE: __________________________________
DATE: __________________
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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 Borough employment goals
established in accordance with N.J.A.C. l7:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited
to, employment agencies, placement bureaus, colleges, universities, 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 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 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 www.state.nj.us/treasury/contract_compliance).
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.
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SAMPLE CERTIFICATE OF EMPLOYEE INFORMATION REPORT
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34
BOROUGH OF MIDDLESEX
AMERICANS WITH DISABILITIES ACT OF 1990
Equal Opportunity for Individuals with Disability
The Contractor and the Owner, do hereby agree that the provisions of Title 11 of the Americans
With Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 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 owner
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 owner in any action or administrative proceeding commenced pursuant
to this Act. The contractor shall indemnify, protect, and save harmless the 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 owner’s
grievance procedure, the contractor agrees to abide by any decision of the owner which is rendered
pursuant to said grievance procedure. If any action or administrative proceeding results in an
award of damages against the owner, or if the 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 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 owner or any of its agents, servants, and
employees, the owner shall expeditiously forward or have forwarded to the contractor every
demand, complaint, notice, summons, pleading, or other process received by the owner or its
representatives.
It is expressly agreed and understood that any approval by the 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 owner pursuant to this
paragraph.
It is further agreed and understood that the 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 owner from taking any other actions available to it
under any other provisions of the Agreement or otherwise at law.
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BOROUGH OF MIDDLESEX
THESE ARE SAMPLES OF THE ONLY ACCEPTABLE
BUSINESS REGISTRATION CERTIFICATES
PREFER SUBMITTED WITH BID RESPONSE
REQUIRED BY LAW PRIOR TO AWARD OF CONTRACT
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36
BOROUGH OF MIDDLESEX
DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
BID/RFP/Solicitation Number:
Bidder/Offeror:
Part 1: Certification
BIDDERS ARE TO COMPLETE PART 1 BY CHECKING EITHER BOX
Pursuant to Public Law 2012, c. 25, any person or entity that submits a bid or proposal or otherwise proposes to enter into
or renew a contract must complete the certification below to attest, under penalty of perjury, that neither the person or
entity, nor any of its parents, subsidiaries, or affiliates, is identified on the Department of the Treasury’s Chapter 25 list as a
person or entity engaging in investment activities in Iran. The Chapter 25 list is found on the Division’s website at
http://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf. Bidders must review this list prior to completing the
below certification. Failure to complete the certification may render a bidder’s proposal non-responsive. If the Director
finds a person or entity to be in violation of the law, s/he shall take action as may be appropriate and provided by law, rule
or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party
in default and seeking debarment or suspension of the party.
PLEASE CHECK THE APPROPRIATE BOX:
I certify, pursuant to Public Law 2012, c. 25, that neither the bidder listed above nor any of the bidder’s parents,
subsidiaries, or affiliates is listed on the N.J. Department of the Treasury’s list of entities determined to be engaged
in prohibited activities in Iran pursuant to P.L. 2012, c. 25 (“Chapter 25 List”). I further certify that I am the
person listed above, or I am an officer or representative of the entity listed above and am authorized to make this
certification on its behalf. I will skip Part 2 and sign and complete the Certification below.
OR
I am unable to certify as above because the bidder and/or one or more of its parents, subsidiaries, or affiliates is
listed on the Department’s Chapter 25 List. I will provide a detailed, accurate and precise description of the
activities in Part 2 below, sign and complete the Certification below.
PART 2: PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN
You must provide a detailed, accurate and precise description of the activities of the bidding person/entity, or one of its
parents, subsidiaries or affiliates, engaging in the investment activities in Iran on additional sheets provided by you.
Certification: I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any
attachments thereto to the best of my knowledge are true and complete. I attest that I am authorized to execute this
certification on behalf of the above-referenced person or entity. I acknowledge that Borough of Middlesex is relying on the
information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this
certification through the completion of any contracts with the Borough to notify the Borough in writing of any changes to the
answers of information contained herein. I acknowledge that I am aware that it is a criminal offense to make a false
statement or misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal prosecution
under the law and that it will also constitute a material breach of my agreement(s) with the Borough of Middlesex, New
Jersey and that the Borough at its option may declare any contract(s) resulting from this certification void and
unenforceable.
Full Name (Print)___________________________________ Signature: _______________________________________
Title _____________________________________________ Date:____________________
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37
BOROUGH OF MIDDLESEX
ACKNOWLEDGMENT OF RECEIPT OF ADDENDA
The undersigned Bidder hereby acknowledges receipt of the following Addenda:
ADDENDUM
NUMBER
DATE
ACKNOWLEDGE RECEIPT
(Initial)
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
No Addenda were received:
Acknowledged for:
(Name of Bidder)
By:
(Signature of Authorized Representative)
Name:
(Print or Type)
Title:
Date:
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38
EXHIBIT A
EVALUATION SHEET
BOROUGH OF
MIDDLESEX
EVALUATORS NAME
Write NA if
category
COMPANY NAME
does not apply.
Understanding the Requested Work
10 Points
Category
0 Points
1 - 2 Points
3 - 4 Points
Points Given
Demonstrates clear
Does not demonstrate clear
Proposal points are
Proposal is clear, readable
understanding
understanding
adequately defined
and precise
0 Points
1 - 2 Points
3 Points
Completeness and
Does not address major
Proposal absent some non-
Proposal complete and
responsiveness to RFP
requirements
critical points
responsive
Compliance with
Does not comply
Complies substantially
Complies with all
instructions and requests
instructions and requests
Knowledge and Professional Compliance
25 Points
Category
0 - 2 Points
3 - 4 Points
5 - 6 Points
Points Given
Education and training of
Minimal training, no formal
Some prior experience, some
High level of education and
employees, suitability to
education, new performer
training and documented
training, well proven
perform the required tasks
performance
performance
0 Points
1 - 2 Points
3 - 7 Points
Does respondent have the
Not adequately documented
Proposal uses some current
Well documented use of the
character, integrity,
technology
latest technologies
reputation, judgment,
experience & efficiency
required by the Professional
0 Points
1 - 2 Points
3 - 4 Points
QA/QC Process
Not adequately documented
QA/QC documented, but
QA/QC documented with
with little oversight
significant oversight
0 Points
1 - 3 Points
4 - 8 Points
Primary Professional vs.
More than one Sub-
Only one Sub-Professional
Primary Professional will do
subcontracted resources
Professional
providing 50% of resources
entire project
depending on nature of sub
to be used
and percentage of project
Ability to Perform Services in a Timely Manner
15 Points
Category
0 Points
1 - 2 Points
3 - 4 Points
Points Given
Scheduling Timeline
Cannot meet schedule
Meets most of schedule
Meets entire schedule
0 - 1 Points
2 - 3 Points
4 - 6 Points
Personnel & Resources
May not be sufficient
Sufficient for project
Dedicated resources
0 - 2 Points
3 - 4 Points
5 Points
Primary Professional
Primary Professional has not
Primary Professional has
No Sub-Professional or a
relationship Sub-
worked with Sub-
limited experience with Sub-
proven record with Sub-
Professionals
Professional
Professional
Professional
REV 12/2019
39
Management, Experience and Personnel Qualifications
25 Points
Category
0 Points
1 - 2 Points
3 Points
Points Given
Project Management Plan
Not demonstrated as sound
Plan is average
Plan is sound and detailed
Project Management Team
Does not meet qualifications
Qualified but little
Well qualified and has
experience working together
collaborated on similar projects
0 Points
1 -2 Points
3 - 5 Points
Record of reliability and
Not documented
Some documentation
Track record of high quality
quality of service
0 - 1 Points
2 - 4 Points
5 - 7 Points
Scope of Work Experience
Few related projects
Some similar projects
Numerous similar projects
Experience in performing
Limited experience
Good experience
Exceptional experience
similar work by employees
Management, Experience and Personnel Qualifications
25 Points
Category
0 Points
2 Points
3 Points
Points Given
Explanation of costs
Costs not explained
Some correlation provided
Well documented
0 - 4 Points
5 - 10 Points
11 - 15 Points
Cost comparison
Highest third in salary
dollars
Middle third in salary dollars
Lowest third in salary dollars
0 - 1 Points
2 - 3 Points
4 - 6 Points
Other costs, copies, travel, etc
Travel and copy cost in
Copy cost equal to OPRA
costs
None
excess of OPRA
0 Points
1 - 2 Points
3 Points
Additional Services
No needed additional
Possible additional services
Needed additional services
services identified
identified, costs not included
identified and included
TOTAL POINTS AWARDED
--- Document: PROFESSIONAL SERVICES FOR 2021 ADDENDUM NO. 1 ---
BOROUGH OF MIDDLESEX
NOTICE OF ADDENDUM NO. 1
PROFESSIONAL SERVICES FOR 2021
Addendum No. 1 has been issued for the RFP pertaining to Professional Services for 2021 for the
Borough of Middlesex on Thursday, November 12, 2020, and posted on Borough website.
TO ALL CONCERNED: The original bid specification package for the above referenced project is
amended as noted in Addendum No. 1.
CONCERNING THE QUESTION REGARDING INSURANCE REQUIREMENT ACKNOWLEDGEMENT
FORM:
QUESTION: On page 4, the paragraph beginning, “The submission shall be accompanied by: … (3)
Insurance Requirement Acknowledgement Form…” there is no form in the packet. Then, on page
20, under 4.4 Proposal Forms, that form is not listed in the forms required to be completed and
made part of the submitted proposal. Can you please tell me if this form is required?
ANSWER: Form is required. Below please find said required form.
Carmen Modica
Purchasing Agent
BOROUGH OF MIDDLESEX
INSURANCE REQUIREMENTS AND ACKNOWLEDGEMENT FORM
Certificate(s) of Insurance shall be filed with the Borough Clerk’s Office upon award
of contract by the Mayor and Borough Council.
The minimum amount of insurance to be carried by the Professional Service Entity
shall be as follows:
PROFESSIONAL LIABILITY INSURANCE
Limits shall be a minimum of $2,000,000.00 for each claim and $4,000,000.00
aggregate each policy period.
Acknowledgement of Insurance Requirement:
________________________________________________________________
(Signature)
(Date)
________________________________________________________________
(Printed Name and Title)
--- Document: PROFESSIONAL SERVICES FOR 2021 ADDENDUM NO. 2 ---
BOROUGH OF MIDDLESEX
NOTICE OF ADDENDUM NO. 2
PROFESSIONAL SERVICES FOR 2021
Addendum No. 2 has been issued for the RFP pertaining to Professional
Services for 2021 for the Borough of Middlesex on Monday, November 30,
2020, and posted on Borough website.
TO ALL CONCERNED: The original bid specification package for the above
referenced project is amended as noted in Addendum No. 2.
CONCERNING WHERE THE “ACKNOWLEDGEMENT OF CORRECTIONS,
ADDITIONS OR DELETIONS FORM” CAN BE FOUND AND SUBMITTAL
OF “EXCEPTIONS” PAGE:
1) The “Acknowledgement of Corrections, Additions or Deletions Form” is
located on page 37 of the RFP.
2) Exceptions page 19 is included in the RFP, but it is not listed on the
Checklist. Is it mandatory to include?
-
While not a mandatory form, it is part of the RFP and should be
included.
Carmen Modica
Purchasing Agent
--- Document: RFP: ARCHITECTURAL SERVICES FOR THE REDESIGNING AND RENOVATION OF BOROUGH HALL ---
Borough of Middlesex
1200 Mountain Avenue
Middlesex, New Jersey 08846
PUBLIC NOTICE UNDER A FAIR AND OPEN PROCESS FOR THE SOLICITATION
OF QUALIFICATIONS AND RATES FOR ARCHITECTURAL SERVICES FOR THE
REDESIGNING/RENOVATION OF BOROUGH HALL AND DESIGNING OF
PROPOSED NEW MULTI-PURPOSE FACILITY
NOTICE IS HEREBY GIVEN that sealed submissions will be received by the
Purchasing Agent or designated representative, for Middlesex Borough, on Tuesday,
October 6, 2020 11:00 am prevailing time, in the Municipal Building, 1200 Mountain
Avenue, Middlesex, New Jersey 08846, then publicly opened for the following:
Request for Proposals (RFP) for Architectural Services for the Redesigning and
Renovation of Borough Hall, located at 1200 Mountain Avenue, Middlesex, NJ. and
the Design of a Proposed Facilities for the Department of Public Works, located at
239 Mountain Avenue, Middlesex, NJ.
All professional service contractors are required to comply with 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). The submission package may be obtained via email by contacting
the Purchasing Agent, Carmen Modica at cmodica@middlesexboro-nj.gov or at the
Clerk’s Office, Municipal Building,1200 Mountain Avenue, Middlesex, New Jersey 08846
during regular business hours (8:30 a.m. – 4:00 p.m.)
The Borough of Middlesex reserves the right to reject any or all submissions due to any
defects or waive informalities and accept any submissions that in their judgment will be
in the best interest of the Borough. Questions concerning this notice may be directed to
Marcia Karrow (732) 356-7400 ext. 264.
Dated Advertised: September 23, 2020
--- Document: ARCHITECTURAL SERVICES ADDENDUM NO. 1 ---
BOROUGH OF MIDDLESEX
NOTICE OF ADDENDUM NO. 1
Architectural Services for the Redesigning and Renovation of Borough Hall, located at 1200
Mountain Avenue, Middlesex, NJ. and the Design of a Proposed Facilities for the Department
of Public Works, located at 239 Mountain Avenue, Middlesex, NJ.
Addendum No. 1 has been issued for the RFP pertaining to Architectural Services for the Borough
of Middlesex on Wednesday, September 24, 2020, and posted on Borough website.
TO ALL CONCERNED: The original RFP package for the above referenced project is amended as
noted in Addendum No.1.
CONCERNING QUESTIONS RECEIVED:
1. Can you confirm that the needed cost requirements are just hourly rates of individuals?
Referring to Page 17 - Qualifications submission form #4
ANSWER: Yes, the hourly rates of individuals who will perform services.
2. Can you confirm the Professional Liability Insurance amount required in the response?
The Professional Liability requirements are listed in 3 different locations with 3 different amounts.
Page 3 item (c) states "in an amount not less than $500,000"
Page 9 states "coverage in the amount of $2,000,000.00/occurrence and $4,000,000.00 aggregate
Page 21 Form named: Insurance Requirements and Acknowledgement Form states "a minimum of
$1,000,000.00 for each claim and $1,000,000.00 aggregate"
ANSWER:
1. Correction to Page 3 item (c) shall read: Professional liability for protection from claims
arising out of performance of professional services resulting from negligent acts or
omissions in an amount not less than $2,000,000.00.
2. No change to Page 9 – This is the correct amount required - Professional Liability Insurance
amount “Specifically, the errors and omissions insurance shall have limits of not less than
$2,000,000.00 dollars per occurrence and $4,000,000.00 dollars in the aggregate”.
3. Correction to Page 21 Form named: Insurance Requirements and Acknowledge Form - Shall
read:
PROFESSIONAL LIABILITY INSURANCE
Limits shall be a minimum of $2,000,000.00 for each claim and $4,000,000.00 aggregate each
policy period.
3. Can you confirm that using more than one sub-professional will result in the responding firm to
earn 0 points for that category?
Not too many firms have all the disciplines of architecture and engineering in house that are required:
architecture, structural, mechanical, electrical and acoustical
According to the evaluation sheet provided in the RFP, under Knowledge and Professional Compliance, it
notes that using more than one sub-professional will result in earning 0 points.
ANSWER:
Exhibit A – Evaluation Sheet - Under Knowledge and Professional Compliance, it notes that using more
than one sub-professional will result in earning 0 points.
Correction to Exhibit A – Evaluation Sheet: Using more than one-sub-professional will result in earning 0-
1 points.
4. Can you please provide the concept design or the intended size of the new facility?
ANSWER: The intended size of the new facility is approximately 18,000 square feet.
5. There is a discrepancy in the Professional Liability requirements. Can you please confirm the
amounts that are required for this?
ANSWER:
Correction to Page 3 item (c) shall read: Professional liability for protection from claims arising out of
performance of professional services resulting from negligent acts or omissions in an amount not less
than $2,000,000.00.
No change to Page 9 – This is the correct amount required - Professional Liability Insurance amount
“Specifically, the errors and omissions insurance shall have limits of not less than $2,000,000.00 dollars
per occurrence and $4,000,000.00 dollars in the aggregate”.
Correction to Page 21 Form named: Insurance Requirements and Acknowledge Form - Shall read:
PROFESSIONAL LIABILITY INSURANCE
Limits shall be a minimum of $2,000,000.00 for each claim and $4,000,000.00 aggregate each policy
period.
CONCERNING CLARIFICATION REQUESTED
1. Can you please clarify the submission due date.
On page one it indicated Tuesday, October 6, 2020 at 11:00 am, but on page 5 it indicated Tuesday,
October 7, 2020 at 11:00 am; again on page 14 it is indicated as Tuesday, October 6, 2020.
ANSWER: Submission due date is Tuesday, October 6, 2020.
CONCERNING SITE VISITS
Site visit of Borough Hall and location of new facility will take place on Friday, October 2, 2020 at
9:00am.
--- Document: ARCHITECTURAL SERVICES ADDENDUM NO. 2 ---
BOROUGH OF MIDDLESEX
NOTICE OF ADDENDUM NO. 2
Architectural Services for the Redesigning and Renovation of Borough Hall, located at 1200
Mountain Avenue, Middlesex, NJ. and the Design of a Proposed Facilities for the Department
of Public Works, located at 239 Mountain Avenue, Middlesex, NJ.
Addendum No. 1 has been issued for the RFP pertaining to Architectural Services for the Borough
of Middlesex on Thursday, September 24, 2020, and posted on Borough website.
TO ALL CONCERNED: The original RFP package for the above referenced project is amended as
noted in Addendum No. 2.
CONCERNING QUESTIONS RECEIVED:
1) If we have any additional questions that we would like to submit, should we direct them via email to
you?
2) What are the means of submitting formal questions / requests for clarification regarding the extent
and scope of the project?
ANSWER: Any and all questions and requests for clarification must be in writing. Please submit inquires
to the Purchasing Agent at cmodica@middlesexboro-nj.gov. Last day to submit questions is
Monday, September 28, 2020.
UPDATED INFORMATION
CHANGE IN SQUARE FOOTAGE: The Intended size of the new facility has been changed from
approximately 18,000 square feet to 20,000 square feet (T-shape).
--- Document: ARCHITECTURAL SERVICES ADDENDUM NO. 3 ---
BOROUGH OF MIDDLESEX
NOTICE OF ADDENDUM NO. 3
Architectural Services for the Redesigning and Renovation of Borough Hall, located at 1200
Mountain Avenue, Middlesex, NJ. and the Design of a Proposed Facilities for the Department
of Public Works, located at 239 Mountain Avenue, Middlesex, NJ.
Addendum No. 3 has been issued for the RFP pertaining to Architectural Services for the Borough
of Middlesex on Friday, September 25, 2020 and posted on Borough website.
TO ALL CONCERNED: The original RFP package for the above referenced project is amended as
noted in Addendum No. 3
CONCERNING NEW BID OPENING DAY:
QUESTION: If the site visit is on Friday the 2nd, that only allows 1.5 business days to develop
any plans for submission for Tuesday the 6th at 11am. Will the deadline be extended due to the
scheduled site visit date?
ANSWER: The submission of sealed bids has been changed to Tuesday, October 20, 2020 at 11:00
am, prevailing time.
ADDITIONAL INFORMATION:
At this time, bid opening will take place via Zoom. Please check Borough website for log in
credentials and/or any changes to how bids will be opened and read in public on Tuesday,
October 20, 2020 at 11:00am.
--- Document: ARCHITECTURAL SERVICES ADDENDUM NO. 4 ---
BOROUGH OF MIDDLESEX
NOTICE OF ADDENDUM NO. 4
Architectural Services for the Redesigning and Renovation of Borough Hall, located at 1200
Mountain Avenue, Middlesex, NJ. and the Design of a Proposed Facilities for the Department
of Public Works, located at 239 Mountain Avenue, Middlesex, NJ.
Addendum No. 4 has been issued for the RFP pertaining to Architectural Services for the Borough
of Middlesex on Monday, September 28, 2020 and posted on Borough website.
TO ALL CONCERNED: The original RFP package for the above referenced project is amended as
noted in Addendum No. 4
CONCERNING QUESTIONS RECEIVED
1.
On Page 2, the solicitation notes two projects.
a.
Project 1: A “New Facility” for Department of Public Works, Fire Department and Office
of Emergency Management located at 239 Mountain Avenue, Middlesex, NJ
b.
Project 2: redesigning/renovation of the property known as “Borough Hall” located at
1200 Mountain Avenue, Middlesex, NJ
i.
Will the winning team be selected for both projects? YES
ii. Or, will two separate teams be selected – one for each? NO
2.
On Page 2, “The successful firm is not bound by the conceptual design.”
a.
Was a conceptual design or study already completed for either or both of the projects
listed (“New Facility” or “Borough Hall”)? NO
b.
If yes, will Middlesex be distributing the “conceptual design” for potential bidders to
review prior to submission of proposals?
c.
What was the name of the person(s) or firm(s) that completed the “conceptual
design”?
3.
Please confirm, based on addendum No. 1, that design documentation or construction
administrative fees are NOT required at this time. Meaning only a personnel hourly rate schedule
is to be part of this submission. CONFIRMED... ONLY PER HOUR RATE IS TO BE PART OF THE
SUBMISSION
4.
Is an hourly rate schedule to be submitted for the Architectural consultant only? Or, should the
hourly rates schedules include subconsultants as well? HOURLY RATE IS FOR EVERYONE YOU ARE
USING, IF CHARGING US HOURLY
5.
As stated on page 2, “Local office providing services shall be located within 40 driving miles of the
Borough of Middlesex, New Jersey.”
a.
Must the “Prime” consultant be located within 40 driving miles of the Borough of
Middlesex?
b.
Is there a +/- on mileage? If yes, what is the +/- on mileage?
c.
If outside of the range, would a subconsultant within the 40 mile range be considered
acceptable? RESPONSIVENESS AND THE ABILITY TO COME TO MEETINGS,
CONSTRUCTION BIDDING, CONSTRUCTION OVERSIGHT IS KEY; AS LONG AS THEY ARE
RESPONSIVE AND NOT CHARGING PORTAL TO PORTAL THEY WILL BE CONSIDERED, BUT
NEARNESS IS A CONSIDERATION.
6. Is there a conceptual design set of drawings for the new DPW facility that you can share? THERE
IS NO CONCEPTUAL DESIGN TO BE SHARED.
--- Document: ARCHITECTURAL SERVICES ADDENDUM NO. 5 ---
BOROUGH OF MIDDLESEX
NOTICE OF ADDENDUM NO. 5
Architectural Services for the Redesigning and Renovation of Borough Hall, located at 1200
Mountain Avenue, Middlesex, NJ. and the Design of a Proposed Facilities for the Department
of Public Works, located at 239 Mountain Avenue, Middlesex, NJ.
Addendum No. 5 has been issued for the RFP pertaining to Architectural Services for the Borough
of Middlesex on Tuesday, September 29, 2020 and posted on Borough website.
TO ALL CONCERNED: The original RFP package for the above referenced project is amended as
noted in Addendum No. 5
CONCERNING QUESTIONS RECEIVED
1. Within the “Project Information” section on page 2 of 30 of the RFP, it is stated that:
“The successful firm is not bound by the conceptual design.” Would you please send the
conceptual design referenced within the RFP? There is no written conceptual design
2. Is there an LSRP associated with the project at the proposed DPW site, located at 239
Mountain Avenue?
No.
3. The title of the issued document is for the “Solicitation of Qualifications and Rates for
Architectural Services for the Redesigning / Renovation of Borough Hall and Designing of
Proposed New Multi-Purpose Facility”. Within the 2nd paragraph of the 1st page, the
document states that submissions should be labeled as “Request for Proposals”. Is the
intention of this bid to deem a pool of applicants as being qualified, with that pool of
qualified applicants asked to submit fee proposals at a subsequent phase of the bidding
process? No.
4. What is the status of environmental remediation at the 239 Mountain Avenue site? The
Federal Government has deemed the property clean.
5. Has a letter of No Further Action been obtained from NJDEP? Yes
6. Regarding the answer to Question #4 of Addendum #4, we typically submit flat fee
proposals for projects such as these. May we submit a flat fee proposal for the
“programming” phase (in which we will undertake an assessment of the existing
municipal building and work with you to define the user and spatial requirements of the
Municipal Building and the 239 Mountain Ave projects) with a not-to exceed price for
the subsequent phases of the design process- to be negotiated after the scope of the
services are more clearly defined through the “programming” phase? No; we are
looking to compare hourly rates of each applicant.
--- Document: SUPPLY AND INSTALLATION OF SUNBURST AERATING FOUNTAIN/MIXER Bid #2020-002A ---
NOTICE TO BIDDERS
Sealed bids will be received by the Purchasing Agent for the Borough of Middlesex on
June 23, 2020 at 11:00am prevailing time at the Borough of Middlesex, 1200
Mountain Avenue, Middlesex, NJ 08846 or via Zoom at which time and place bids will
be opened and read in public for:
SUPPLY AND INSTALLATION OF SUNBURST AERATING FOUNTAIN/MIXER
Bid #2020-002
Bid responses must be made on the standard proposal forms, be enclosed in a sealed
package bearing the name and address of the bidder and the “BID TITLE NAME &
CONTRACT #” on the outside, addressed to Carmen Modica, Purchasing Agent, at
the address above.
Any Bid Addenda will be issued on the Borough website and processed in accordance
with N.J.S.A. 40A:11-23(c)(1). All interested bidders should check the website from
now through bid opening. It is the sole responsibility of the respondent to be
knowledgeable of all addenda related to this procurement. In addition, all interested
bidders must check the Borough website regarding how bids will be opened and read
out load as our offices are currently closed to the public.
Specifications and instruction to bidders may be obtained by contacting the
Purchasing Agent via email at cmodica@middlesexboro-nj.gov. Supply your
company name, address and telephone number.
Bidders shall comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17-27
et seq.
Carmen Modica
Purchasing Agent
Date Advertised: June 8, 2020
Borough of Middlesex
1200 Mountain Avenue
Middlesex, New Jersey 08846
Carmen Modica
Purchasing Agent
PHONE: (732) 356-7400 ext. 237
--- Document: BID #2020-002A - ADDENDUM NO. 1 ---
BOROUGH OF MIDDLESEX
NOTICE OF ADDENDUM NO. 1
SUPPLY AND INSTALLATION OF AERATOR & MIXER
Addendum No. 1 has been issued for the Bid pertaining to Supply and Installation of Aerator and
Mixer for the Borough of Middlesex on Friday, 12, 2020, and posted on Borough website.
TO ALL CONCERNED: The original bid specification package for the above referenced project is
amended as noted in Addendum No.1.
CONCERNING QUESTIONS RECEIVED:
QUESTION: Are the new Sunburst aerators and mixer replacing existing units?
ANSWER: Yes, we are replacing existing units.
QUESTION: Where is the site that these components are located within the Borough?
ANSWER: Components are located at Victor Crowell Park, Willow Avenue/Route 28, Middlesex, NJ.
QUESTION: What is the location of the new control cabinet?
ANSWER: Control cabinet is located 150 ft away from where units are placed in the water.
QUESTION: Are there existing electrical circuits being utilized for this new equipment?
ANSWER: Yes, there are existing electrical circuits being utilized.
QUESTION: Are there any existing aerators or mixers being removed?
ANSWER: Yes, they have already been removed by the DPW.
Carmen Modica
Purchasing Agent
--- Document: BID #2020-002A - ADDENDUM NO. 2 ---
BOROUGH OF MIDDLESEX
NOTICE OF ADDENDUM NO. 2
SUPPLY AND INSTALLATION OF AERATOR & MIXER
Addendum No. 2 has been issued for the Bid pertaining to Supply and Installation of Aerator and
Mixer for the Borough of Middlesex on Friday, June 19, 2020, and posted on Borough website.
TO ALL CONCERNED: The original bid specification package for the above referenced project is
amended as noted in Addendum No.2.
CONCERNING CLARIFICATION OF SPECS:
1. Page 17 of bid package typo – the 5 HP units identification number currently reads 01-0013-
236.
CORRECTION: It should read 01-0015-236.
2. Page 17 of bid package typo – the listing shows a 01-0093-236 3 HP. Under the heading of
Mixer Product Specification, it shows 60 HZ 2HP.
CORRECTION: it should read 60HZ 3 HP
CONCERNING NEW BID OPENING DATE:
Change in Bid opening – Bid opening will now be on July 1, 2020 at 11:00am. Once again, please check the
Borough’s website on how we plan on opening bids as we are closed to the public.
Carmen Modica
Purchasing Agent
--- Document: BID #2020-002A - ADDENDUM NO. 3 ---
BOROUGH OF MIDDLESEX
NOTICE OF ADDENDUM NO. 3
SUPPLY AND INSTALLATION OF AERATOR & MIXER
Addendum No. 3 has been issued for the Bid pertaining to Supply and Installation of Aerator and
Mixer for the Borough of Middlesex on Thursday, June 18, 2020, and posted on Borough website.
TO ALL CONCERNED: The original bid specification package for the above referenced project is
amended as noted in Addendum No. 3.
CONCERNING CLARIFICATION OF SPECS:
1. Page 17 of bid package omission of product. Under Delivery and Installation.
CORRECTION: Include an additional 957-002 12/4 3 phase cable 125 feet. For a total of 4
cables:
-
1 – 957-002 12/4 3 phase cable 175 feet
-
3 – 957-002 12/4 3 phase cable 125 feet
Carmen Modica
Purchasing Agent
--- Document: BID: $6,550,524 BOND ANTICIPATION NOTES, SERIES 2020A ---
{00203584;v1/ 19-005/014}
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NOTICE OF SALE
BOROUGH OF MIDDLESEX
(Middlesex County, New Jersey)
$6,550,524 BOND ANTICIPATION NOTES, SERIES 2020A
(Non-Callable) (Bank Qualified)
Bids are being solicited through a fair and open process in accordance with N.J.S.A.
19:44A-20.5 for the purchase of $6,550,524 Bond Anticipation Notes, Series 2020A (the
“Notes”) of the Borough of Middlesex, in the County of Middlesex, New Jersey (the “Borough”
or the “Issuer”). All bids will be publicly opened and announced at the office of the Borough
Chief Financial Officer on Wednesday, June 10, 2020, at 11:00 a.m., prevailing local time (“Sale
Date”).
No telephone bids will be accepted. Bids must be received by 11:00 a.m. on the Sale
Date, and may be submitted by completing the bid form attached hereto as Exhibit A and
submitting to the mailing address, email address and/or fax number shown on said bid form.
Sealed bids are encouraged, but emailed and/or faxed bids will be accepted provided they
comply with the conditions stated herein. If a bidder wishes to transmit its bid by email or fax,
such bidder hereby acknowledges that such emailed or faxed bid will not be reviewed by the
Borough until the public opening of the bids as aforesaid. This Notice of Sale has been posted
on the Borough’s website (www.middlesexboro-nj.gov).
Each bid must offer to purchase the entire Note issue being offered at no less than par
plus accrued interest and must specify a single rate of interest per annum offered for the Notes.
The Chief Financial Officer will evaluate the bids on the basis of the lowest net interest cost to
the Borough. Award of the Notes to the bidder proposing the lowest net interest cost or rejection
of all bids will be made by 2:00 p.m. on the Sale Date. As between bidders specifying the same
lowest net interest cost, the Notes will be sold to the bidder selected by lot from among all such
bidders. The Borough reserves the right to reject all bids.
Warnings: Bids submitted by email or fax transmission will not be considered timely
unless, at the deadline for submission of bids, the entire bid form has been received. The official
time for receipt of bids will be determined by the Borough at the place of bid opening, and the
Borough shall not be required to accept any bidder’s email time-stamp or fax machine time-
stamp as evidence of a timely bid. Neither the Borough, nor the law firm of GluckWalrath LLP,
Freehold, New Jersey (“Bond Counsel”) shall be responsible for, and the bidder expressly
assumes the risk of, any incomplete or untimely bid submitted by email or fax transmission by
such bidder, including, without limitation, by reason of garbled transmission, mechanical failure,
engaged telephone, telecommunications or computer lines, or any other cause arising from
delivery by email or fax transmission. Bidders may call (732) 356-7400 ext. 241 to confirm
receipt of their bids; however, the Borough takes no responsibility for informing any bidder prior
to the time for receiving bids that its bid is incomplete, illegible or not received.
The successful bidder is advised of the responsibility to file an annual disclosure
statement on political contributions with the New Jersey Election Law Enforcement Commission
pursuant to N.J.S.A. 19:44A-20.13 (P.L. 2005, c.271, s.3) if the successful bidder receives
{00203584;v1/ 19-005/014}
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contracts in excess of $50,000 from public entities in a calendar year. It is the successful
bidder’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.
SPECIFICATIONS OF NOTES
Principal Amount:
$6,550,524 Bond Anticipation Notes, Series 2020A
Dated Date:
June 24, 2020
Maturity Date:
June 24, 2021
Interest Rate per Annum:
Specified by successful bidder, payable at maturity
Denominations:
Denominations of $100,000 or greater if being reoffered, as
specified by the successful bidder within 24 hours of award,
subject to approval of the Chief Financial Officer
Legal Opinion:
GluckWalrath LLP, Freehold, New Jersey
Closing:
June 24, 2020, at the Borough offices or elsewhere, as agreed to
with the successful bidder.
Payment:
Immediately available funds
ESTABLISHMENT OF ISSUE PRICE
(a)
The winning bidder of the Notes shall assist the Issuer in establishing the issue
price of the Notes and shall execute and deliver to the Issuer at Closing an “issue price” or
similar certificate setting forth the reasonably expected initial offering price to the Public or the
sales price or prices of the Notes, together with the supporting pricing wires or equivalent
communications, substantially in the forms reflected as Exhibits B, C or D, which are
incorporated by reference herein and are available from Bond Counsel and shall be posted with
the Notice of Sale on the Issuer's website, with such modifications as may be appropriate or
necessary, in the reasonable judgment of the winning bidder, the Issuer and Bond Counsel. All
actions to be taken by the Issuer under this Notice of Sale to establish the issue price of the Notes
may be taken on behalf of the Issuer by the Issuer’s municipal advisor, if any, identified herein
and any notice or report to be provided to the Issuer may be provided to the Issuer’s municipal
advisor or Bond Counsel.
(b)
The Issuer intends that the provisions of Treasury Regulation Section 1.148-
1(f)(3)(i) (defining “competitive sale” for purposes of establishing the issue price of the Notes)
will apply to the initial sale of the Notes (the “competitive sale requirements”) because:
(1)
the Issuer shall disseminate this Notice of Sale to potential
Underwriters in a manner that is reasonably designed to reach potential
Underwriters;
(2)
all bidders shall have an equal opportunity to bid;
{00203584;v1/ 19-005/014}
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(3)
the Issuer may receive bids from at least three Underwriters
of municipal Notes who have established industry reputations for
underwriting new issuances of municipal notes; and
(4)
the Issuer anticipates awarding the sale of the Notes to the
bidder who submits a firm offer to purchase the Notes at the highest price
(or lowest interest cost), as set forth in this Notice of Sale.
Any bid submitted pursuant to this Notice of Sale shall be considered a firm offer for the
purchase of the Notes, as specified in the bid.
(c)
If the successful bidder is purchasing for its own account without a present
intention to reoffer the Notes, it must complete Exhibit B, and the provisions of paragraphs (d)-
(i) below shall not apply.
(d)
In the event that paragraph (c) does not apply and the Competitive Sale
Requirements are satisfied, the winning bidder must complete Exhibit C, and the provisions of
paragraphs (e)-(i) below shall not apply.
(e)
In the event that paragraph (c) does not apply and the Competitive Sale
Requirements are not satisfied, the Issuer shall so advise the winning bidder and the winning
bidder must complete Exhibit D. The Issuer may determine to treat (i) the first price at which
10% of a Maturity of the Notes (the “10% test”) is sold to the Public as the issue price of that
Maturity and/or (ii) the initial offering price to the Public as of the Sale Date of any Maturity of
the Notes as the issue price of that Maturity (the “hold-the-offering-price rule”), in each case
applied on a Maturity-by-Maturity basis (and if different interest rates apply within a Maturity, to
each separate CUSIP number within that Maturity). Immediately following the award of the
Notes, the winning bidder shall advise the Issuer if any Maturity of the Notes satisfies the 10%
test. Any Maturity (and if different interest rates apply within a Maturity, any separate CUSIP
number within that Maturity) of the Notes as to which the winning bidder has not so advised the
Issuer that the 10% test has been satisfied shall be subject to the hold-the-offering-price rule.
Bids will not be subject to cancellation in the event that the hold-the-offering-price rule applies
to any Maturity of the Notes. Bidders should prepare their bids on the assumption that some or
all of the maturities of the Notes will be subject to the hold-the-offering-price rule in order to
establish the issue price of the Notes.
(f)
By submitting a bid, the winning bidder shall (i) confirm that the Underwriters
have offered or will offer the Notes to the Public on or before the date of award at the offering
price or prices (the “initial offering price”), or at the corresponding yield or yields, set forth in
the bid submitted by the winning bidder and (ii) agree, on behalf of the Underwriters
participating in the purchase of the Notes, that the Underwriters will neither offer nor sell unsold
Notes of any Maturity to which the hold-the-offering-price rule shall apply to any person at a
price that is higher than the initial offering price to the Public during the period starting on the
Sale Date and ending on the earlier of the following:
(1)
the close of the fifth (5th) business day after the Sale Date; or
(2)
the date on which the Underwriters have sold at least 10% of that
Maturity of the Notes to the Public at a price that is no higher than the initial
{00203584;v1/ 19-005/014}
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offering price to the Public.
The winning bidder shall promptly advise the Issuer when the Underwriters have sold
10% of that Maturity of the Notes to the Public at a price that is no higher than the initial offering
price to the Public, if that occurs prior to the close of the fifth (5th) business day after the Sale
Date.
(g)
If the competitive sale requirements are not satisfied, then until the 10% test has
been satisfied as to each Maturity of the Notes, the winning bidder agrees to promptly report to
the Issuer the prices at which the unsold Notes of that Maturity have been sold to the Public.
That reporting obligation shall continue, whether or not the Closing Date has occurred, until the
10% test has been satisfied as to the Notes of that Maturity or until all Notes of that Maturity
have been sold.
(h)
The Issuer acknowledges that, in making the representation set forth above, the
winning bidder will rely on (i) the agreement of each Underwriter to comply with the hold-the-
offering-price rule, as set forth in an agreement among Underwriters and the related pricing
wires, (ii) in the event a selling group has been created in connection with the initial sale of the
Notes to the Public, the agreement of each dealer who is a member of the selling group to
comply with the hold-the-offering-price rule, as set forth in a selling group agreement and the
related pricing wires, and (iii) in the event that an Underwriter is a party to a retail distribution
agreement that was employed in connection with the initial sale of the Notes to the Public, the
agreement of each broker-dealer that is a party to such agreement to comply with the hold-the-
offering-price rule, as set forth in the retail distribution agreement and the related pricing wires.
The Issuer further acknowledges that each Underwriter shall be solely liable for its failure to
comply with its agreement regarding the hold-the-offering-price rule and that no Underwriter
shall be liable for the failure of any other Underwriter, or of any dealer who is a member of a
selling group, or of any broker-dealer that is a party to a retail distribution agreement to comply
with its corresponding agreement regarding the hold-the-offering-price rule as applicable to the
Notes.
(i)
By submitting a bid, each bidder confirms that: (i) any agreement among
Underwriters, any selling group agreement and each retail distribution agreement (to which the
bidder is a party) relating to the initial sale of the Notes to the Public, together with the related
pricing wires, contains or will contain language obligating each Underwriter, each dealer who is
a member of the selling group, and each broker-dealer that is a party to such retail distribution
agreement, as applicable, to (A) report the prices at which it sells to the Public the unsold Notes
of each Maturity allotted to it until it is notified by the winning bidder that either the 10% test
has been satisfied as to the Notes of that Maturity or all Notes of that Maturity have been sold to
the Public and (B) comply with the hold-the-offering-price rule, if applicable, in each case if and
for so long as directed by the winning bidder and as set forth in the related pricing wires, and (ii)
any agreement among Underwriters relating to the initial sale of the Notes to the Public, together
with the related pricing wires, contains or will contain language obligating each Underwriter that
is a party to a retail distribution agreement to be employed in connection with the initial sale of
the Notes to the Public to require each broker-dealer that is a party to such retail distribution
agreement to (A) report the prices at which it sells to the Public the unsold Notes of each
Maturity allotted to it until it is notified by the winning bidder or such Underwriter that either the
10% test has been satisfied as to the Notes of that Maturity or all Notes of that Maturity have
{00203584;v1/ 19-005/014}
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been sold to the Public and (B) comply with the hold-the-offering-price rule, if applicable, in
each case if and for so long as directed by the winning bidder or such Underwriter and as set
forth in the related pricing wires.
(j)
Sales of any Notes to any person that is a related party to an Underwriter shall not
constitute sales to the Public for purposes of this Notice of Sale. Further, for purposes of this
Notice of Sale:
(i)
“Public” means any person other than an Underwriter or a related
party,
(ii)
“Underwriter” means (A) any person that agrees pursuant to a
written contract with the Issuer (or with the lead Underwriter to form an
underwriting syndicate) to participate in the initial sale of the Notes to the Public
and (B) any person that agrees pursuant to a written contract directly or indirectly
with a person described in clause (A) to participate in the initial sale of the Notes
to the Public (including a member of a selling group or a party to a retail
distribution agreement participating in the initial sale of the Notes to the Public),
(iii)
a purchaser of any of the Notes is a “related party” to an
Underwriter if the Underwriter and the purchaser are subject, directly or
indirectly, to (i) at least 50% common ownership of the voting power or the total
value of their stock, if both entities are corporations (including direct ownership
by one corporation of another), (ii) more than 50% common ownership of their
capital interests or profits interests, if both entities are partnerships (including
direct ownership by one partnership of another), or (iii) more than 50% common
ownership of the value of the outstanding stock of the corporation or the capital
interests or profit interests of the partnership, as applicable, if one entity is a
corporation and the other entity is a partnership (including direct ownership of the
applicable stock or interests by one entity of the other), and
(iv)
“Sale Date” means the date that the Notes are awarded by the
Issuer to the winning bidder.
ADDITIONAL MATTERS
The Notes are issued pursuant to the laws of the State of New Jersey, including the Local
Bond Law, to finance and/or refinance various general and Sewer Utility improvements.
The Notes shall be general obligations of the Borough and to the extent the Notes are not
paid from other sources, the Borough is obligated to levy ad valorem taxes upon all the taxable
real property therein for the payment of the debt service on the Notes without limitation as to rate
or amount. The Notes will mature without option of prior redemption, will be issued in bearer
form without coupons, will be registrable as to both principal and interest, payable at maturity in
lawful money of the United States of America, and interest will be calculated on the basis of a 30
day month/360 day year. The Notes will be designated “Qualified Tax-Exempt Obligations” for
purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.
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An Official Statement has not been prepared by the Borough in connection with the
issuance of the Notes; however, for purposes of Securities and Exchange Commission Rule
15c2-12, please note the exemptions therefrom, particularly paragraph (d)(1) of the Rule for
issues in authorized denominations of $100,000 or more and which are sold to no more than
thirty-five (35) persons each of whom the Purchaser reasonably believes (i) has such knowledge
and experience in financial and business matters that it is capable of evaluating the merits and
risks of the Notes and (ii) is not purchasing for more than one account or with a view to
distributing the securities. The Purchaser will be required to certify to the matters referred to in
the preceding sentence at closing.
The obligations hereunder to deliver and to accept the Notes shall be conditioned on the
availability and delivery at the time of delivery of the Notes of (a) the approving legal opinion of
Bond Counsel, which will be furnished without cost to the successful bidder, to the effect that the
Notes are valid and legally binding obligations of the Borough, payable in the first instance from
bonds in anticipation of which the Notes are issued, but if not so paid or if not paid from other
sources, payable ultimately from ad valorem taxes which may be levied on all the taxable real
property in the Borough without limitation as to rate or amount, and that interest on the Notes is
excluded from gross income for Federal tax purposes under current law if the Borough complies
with all conditions subsequent contained in the Internal Revenue Code of 1986, as amended (the
“Code”), except to the extent that interest on the Notes held by a corporate taxpayer is included
in the relevant income computations for calculation of the corporate alternative minimum tax and
that interest on the Notes and any gain on the sale thereof are not includable as gross income
under the present New Jersey Gross Income Tax Act; (b) certificates in form satisfactory to Bond
Counsel evidencing the proper execution and delivery of the Notes, the receipt of payment
therefor and the compliance with the requirements of the Code necessary so that the Notes will
not be arbitrage obligations within the meaning of the Code; and (c) a certificate, in form and
tenor satisfactory to Bond Counsel and dated as of the date of such delivery, to the effect that
there is no litigation pending or (to the knowledge of the signer or signers thereof) threatened
affecting the validity of the Notes.
Additional information concerning the Borough and the Notes is available by contacting
the Borough’s Acting Chief Financial Officer, Caroline Benson at (732) 356-7400 ext. 241, or
Meghan Ann Bennett, Esq., GluckWalrath LLP, Bond Counsel, at (732) 530-8822.
BOROUGH OF MIDDLESEX, IN THE
COUNTY OF MIDDLESEX, NEW JERSEY
/s/ Caroline Benson
CAROLINE BENSON,
Acting Chief Financial Officer
DATED: June 3, 2020
{00203584;v1/ 19-005/014}
-7-
EXHIBIT A
June 10, 2020
Caroline Benson, Acting CFO
Borough of Middlesex
1200 Mountain Avenue
Middlesex, NJ 08846
FAX: 732-356-6151
EMAIL: cbenson@middlesexboro-nj.gov
RE: BID FOR $6,550,524 BOND ANTICIPATION NOTES, SERIES 2020A
Dear Ms. Benson:
Subject to the provisions of the Notice of Sale dated June 3, 2020, relating to $6,550,524
Bond Anticipation Notes, Series 2020A, dated June 24, 2020 and due June 24, 2021, that is made
a part hereof, we offer to purchase the Notes described therein as follows:
Interest Rate Per Annum
%
Amount of Notes Bid for
$6,550,524
Price of Notes Bid for
(at no less than par)
$
Net Interest Cost
(please specify in both
dollars and percent) $
/
%
and, in addition thereto, to pay interest accrued from the Dated Date of the Notes to the date of
delivery, if Closing shall occur subsequent to the Dated Date.
_______________________________
Signature of Authorized Officer
_______________________________
Name of Bidder
_______________________________
Address of Bidder
_______________________________
Telephone Number
_______________________________
Email Address
{00203584;v1/ 19-005/014}
-8-
EXHIBIT B
BOROUGH OF MIDDLESEX, IN THE COUNTY OF MIDDLESEX, NEW JERSEY
$6,550,524 BOND ANTICIPATION NOTES, SERIES 2020A
CERTIFICATE OF THE PURCHASER
(No Reoffering Purchaser)
The undersigned, on behalf of ________ (the “Purchaser”), hereby certifies as set forth
below with respect to the purchase of the above-captioned obligations (the “Notes”).
1.
Purchase of the Notes. On the date of this certificate, the Purchaser is purchasing
the Notes for the amount of _______. The Purchaser is not acting as an Underwriter with respect
to the Notes. The Purchaser has no present intention to sell, reoffer, or otherwise dispose of the
Notes (or any portion of the Notes or any interest in the Notes). The Purchaser has not
contracted with any person pursuant to a written agreement to have such person participate in the
initial sale of the Notes and the Purchaser has not agreed with the Issuer pursuant to a written
agreement to sell the Notes to persons other than the Purchaser or a related party to the
Purchaser.
2.
Defined Terms.
(a)
Issuer means the Borough of Middlesex, in the County of Middlesex, New Jersey.
(b)
Public means any person (including an individual, trust, estate, partnership,
association, company, or corporation) other than an Underwriter or a related party. The term
“related party” for purposes of this certificate generally means any two or more persons who
have greater than 50 percent common ownership, directly or indirectly.
(c)
Underwriter means (i) any person that agrees pursuant to a written contract with
the Issuer (or with the lead Underwriter to form an underwriting syndicate) to participate in the
initial sale of the Notes to the Public, and (ii) any person that agrees pursuant to a written
contract directly or indirectly with a person described in clause (i) of this paragraph to participate
in the initial sale of the Notes to the Public (including a member of a selling group or a party to a
retail distribution agreement participating in the initial sale of the Notes to the Public).
The representations set forth in this certificate are limited to factual matters only.
Nothing in this certificate represents the Purchaser’s interpretation of any laws, including
specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the
Treasury Regulations thereunder. The undersigned understands that the foregoing information
will be relied upon by the Issuer with respect to certain of the representations set forth in the Tax
or Arbitrage Certificate and with respect to compliance with the federal income tax rules
affecting the Notes, and by GluckWalrath LLP, Bond Counsel to the Issuer, in connection with
rendering its opinion that the interest on the Notes is excluded from gross income for federal
{00203584;v1/ 19-005/014}
-9-
income tax purposes, the preparation of the Internal Revenue Service Form 8038-G, and other
federal income tax advice that it may give to the Issuer from time to time relating to the Notes.
[PURCHASER]
By:_________________________________
Name:_______________________________
Title:________________________________
Dated:___________
{00203584;v1/ 19-005/014}
-10-
EXHIBIT C
BOROUGH OF MIDDLESEX, IN THE COUNTY OF MIDDLESEX, NEW JERSEY
$6,550,524 BOND ANTICIPATION NOTES, SERIES 2020A
ISSUE PRICE CERTIFICATE
(Competitive Sale Requirement Satisfied)
The undersigned (the “Representative”), on behalf of itself and each member of the
underwriting group (if any) (collectively, the “Underwriter”) hereby certifies as set forth below
with respect to the sale of the above-captioned obligations (the “Notes”).
1.
Sale of the Notes.
All Maturities of the Notes have been the subject of a bona fide initial offering to the
public.
2.
Reasonably Expected Initial Offering Price.
(a)
As of the Sale Date, the reasonably expected initial offering prices and yields of
the Notes to the Public by the Underwriter are the prices and yields listed in Schedule A (the
“Expected Offering Prices”). The Expected Offering Prices are the prices for the Maturities of
the Notes used by Underwriter in formulating its bid to purchase the Notes. Attached as
Schedule B is a true and correct copy of the bid provided by the Underwriter to purchase the
Notes.
(b)
The Underwriter was not given the opportunity to review other bids prior to
submitting its bid.
(c)
The bid submitted by the Underwriter constituted a firm offer to purchase the
Notes.
(d)
The reoffering yield of the Notes is ____%.
3.
Defined Terms.
(a)
Issuer means the Borough of Middlesex, in the County of Middlesex, New Jersey.
(b)
Maturity means Notes with the same credit and payment terms. Notes with
different maturity dates, or Notes with the same Maturity date but different stated interest rates,
are treated as separate maturities.
(c)
Public means any person (including an individual, trust, estate, partnership,
association, company, or corporation) other than an Underwriter or a related party to an
Underwriter. The term “related party” for purposes of this certificate generally means any two or
more persons who have greater than 50 percent common ownership, directly or indirectly.
{00203584;v1/ 19-005/014}
-11-
(d)
Sale Date means the first day on which the Notes are awarded by the Issuer to the
winning bidder. The Sale Date of the Notes is June 10, 2020.
(e)
Underwriter means (i) any person that agrees pursuant to a written contract with
the Issuer (or with the lead Underwriter to form an underwriting syndicate) to participate in the
initial sale of the Notes to the Public, and (ii) any person that agrees pursuant to a written
contract directly or indirectly with a person described in clause (i) of this paragraph to participate
in the initial sale of the Notes to the Public (including a member of a selling group or a party to a
retail distribution agreement participating in the initial sale of the Notes to the Public).
The representations set forth in this certificate are limited to factual matters only.
Nothing in this certificate represents the Underwriter’s interpretation of any laws, including
specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the
Treasury Regulations thereunder. The undersigned understands that the foregoing information
will be relied upon by the Issuer with respect to certain of the representations set forth in the
Issuer’s Tax or Arbitrage Certificate and with respect to compliance with the federal income tax
rules affecting the Notes, and by GluckWalrath LLP, Bond Counsel to the Issuer, in connection
with rendering its opinion that the interest on the Notes is excluded from gross income for
federal income tax purposes, the preparation of the Internal Revenue Service Form 8038-G, and
other federal income tax advice that it may give to the Issuer from time to time relating to the
Notes.
[REPRESENTATIVE, on behalf of itself and each
member of the underwriting group]
By:_________________________________
Name:_______________________________
Title:________________________________
Dated:_____________
{00203584;v1/ 19-005/014}
-12-
SCHEDULE A
EXPECTED OFFERING PRICES AND YIELDS
{00203584;v1/ 19-005/014}
-13-
SCHEDULE B
COPY OF BID
{00203584;v1/ 19-005/014}
-14-
EXHIBIT D
BOROUGH OF MIDDLESEX, IN THE COUNTY OF MIDDLESEX, NEW JERSEY
$6,550,524 BOND ANTICIPATION NOTES, SERIES 2020A
ISSUE PRICE CERTIFICATE
(Hold the Price for all or some maturities)
The undersigned, on behalf of itself and each member of the underwriting group (if any)
(collectively, the “Underwriter), hereby certifies as set forth below with respect to the sale and
issuance of the above-captioned obligations (the “Notes”). Select appropriate provisions below:
1.
Sale of the Notes.
All Maturities of the Notes have been the subject of a bona fide initial offering to the
public.
2.
Initial Offering Price of the Notes.
(a)
As of the date of this certificate, for each Maturity of the General Rule Maturities,
the first price at which at least 10% of such Maturity of the Notes was sold to the Public is the
respective price listed in Schedule A. The Underwriter offered the Hold-the-Offering-Price
Maturities to the Public for purchase at the respective initial offering prices listed in Schedule A
(the “Initial Offering Prices”) on or before the Sale Date. A copy of the pricing wire or
equivalent communication for the Notes is attached to this certificate as Schedule B.
(b)
As set forth in the Notice of Sale and bid award, the Underwriter has agreed in
writing that, (i) for each Maturity of the Hold-the-Offering-Price Maturities, it would neither
offer nor sell any of the Notes of such Maturity to any person at a price that is higher than the
Initial Offering Price for such Maturity during the Holding Period for such Maturity (the “hold-
the-offering-price rule”), and (ii) any selling group agreement shall contain the agreement of
each dealer who is a member of the selling group, and any retail distribution agreement shall
contain the agreement of each broker-dealer who is a party to the retail distribution agreement, to
comply with the hold-the-offering-price rule. Pursuant to such agreement, no Underwriter (as
defined below) has offered or sold any Maturity of the Hold-the-Offering-Price Maturities at a
price that is higher than the respective Initial Offering Price for that Maturity of the Notes during
the Holding Period.
(c)
The reoffering yield of the Notes is ____%.
3.
Defined Terms.
(a)
General Rule Maturities means those Maturities of the Notes listed in Schedule A
hereto as the “General Rule Maturities.”
(b)
Hold-the-Offering-Price Maturities means those Maturities of the Notes listed in
Schedule A hereto as the “Hold-the-Price Maturities.”
{00203584;v1/ 19-005/014}
-15-
(c)
Holding Period means, with respect to a Hold-the-Offering-Price Maturity, the
period starting on the Sale Date and ending on the earlier of (i) the close of the fifth business day
after the Sale Date (________), or (ii) the date on which the Underwriter has sold at least 10% of
such Hold-the-Offering-Price Maturity to the Public at prices that are no higher than the Initial
Offering Price for such Hold-the-Offering-Price Maturity.
(d)
Issuer means the Borough of Middlesex, in the County of Middlesex, New Jersey.
(e)
Maturity means Notes with the same credit and payment terms. Notes with
different maturity dates, or Notes with the same maturity date but different stated interest rates,
are treated as separate maturities.
(f)
Public means any person (including an individual, trust, estate, partnership,
association, company, or corporation) other than an Underwriter or a related party to an
Underwriter. The term “related party” for purposes of this certificate generally means any two or
more persons who have greater than 50 percent common ownership, directly or indirectly.
(g)
Sale Date means the first day on which there is a binding contract in writing for
the sale of a Maturity of the Notes. The Sale Date of the Notes is June 10, 2020.
(h)
Underwriter means (i) any person that agrees pursuant to a written contract with
the Issuer (or with the lead Underwriter to form an underwriting syndicate) to participate in the
initial sale of the Notes to the Public, and (ii) any person that agrees pursuant to a written
contract directly or indirectly with a person described in clause (i) of this paragraph to participate
in the initial sale of the Notes to the Public (including a member of a selling group or a party to a
retail distribution agreement participating in the initial sale of the Notes to the Public).
The representations set forth in this certificate are limited to factual matters only.
Nothing in this certificate represents the Underwriter’s interpretation of any laws,
including specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended,
and the Treasury Regulations thereunder.
The undersigned understands that the foregoing information will be relied upon by the
Issuer with respect to certain of the representations set forth in the Tax or Arbitrage Certificate
and with respect to compliance with the federal income tax rules affecting the Notes, and by
GluckWalrath LLP, Bond Counsel, in connection with rendering its opinion that the interest on
the Notes is excluded from gross income for federal income tax purposes, the preparation of
Internal Revenue Service Form 8038-G, and other federal income tax advice it may give to the
Issuer from time to time relating to the Notes.
[REPRESENTATIVE, on behalf of itself and each
member of the underwriting group]
By:_________________________________
Name:_______________________________
Title:________________________________
Dated:_____________
{00203584;v1/ 19-005/014}
-16-
SCHEDULE A
ISSUE PRICE OF THE NOTES
(Attached)
Maturity Date
Par Amount
Rate
Issue Price
GR or HTP
GR - General Rule
HTP – Hold the Offering Price
{00203584;v1/ 19-005/014}
-17-
SCHEDULE B
PRICING WIRE OR EQUIVALENT COMMUNICATION
(Attached)
--- Document: BID: Tree Service ---
REV 03/2018
1
NOTICE TO BIDDERS
Sealed bids will be received by the Purchasing Agent for the Borough of Middlesex on
May 28, 2020 at 11:00am prevailing time at the Borough of Middlesex, 1200
Mountain Avenue, Middlesex, NJ 08846 at which time and place bids will be opened
and read in public for:
TREE REMOVAL, TREE TRIMMING, STUMP GRINDING
Bid responses must be made on the standard proposal forms, be enclosed in a sealed
package bearing the name and address of the bidder and the “BID TITLE NAME”
on the outside, addressed to Carmen Modica, Purchasing Agent, at the address
above.
Any Bid Addenda will be issued on the Borough website, and processed in accordance
with N.J.S.A. 40A:11-23(c)(1). All interested bidders should check the website from
now through bid opening. It is the sole responsibility of the respondent to be
knowledgeable of all addenda related to this procurement.
Specifications and instruction to bidders may be obtained by sending a request to the
Purchasing Agent via email at cmodica@middlesexboro-nj.gov.
Bidders shall comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17-27
et seq. Notwithstanding the General Instructions and other material herein to the
contrary, all Bidders are on notice that this process shall be governed by New Jersey
Law, including N.J.S.A. 40A:11-1, et seq.
Carmen Modica
Purchasing Agent
Date Advertised: May 5, 2020
Borough of Middlesex
1200 Mountain Avenue
Middlesex, New Jersey 08846
Carmen Modica
Purchasing Agent
PHONE: (732) 356-7400
--- Document: BID - Tree Service - NOTICE OF ADDENDUM NO. 1 ---
BOROUGH OF MIDDLESEX
NOTICE OF ADDENDUM NO. 1
TREE REMOVAL, TREE TRIMMING, STUMP GRINDING
Addendum No. 1 has been issued for the Bid pertaining to Tee Removal, Tree Trimming, Stump
Grinding for the Borough of Middlesex on Thursday, May 14, 2020, and posted on Borough website.
TO ALL CONCERNED: The original bid specification package for the above referenced project is
amended as noted in Addendum No.1.
CONCERNING QUESTION REGARDING DOCUMENTS THAT REQUIRE NOTARIZATION:
QUESTION: Are the document(s) that require notarization required to be submitted with bid package.
ANSWER: Yes, documents are still required to be notarized. A non-collusion affidavit that is not notarized is a
fatal defective.
Carmen Modica
Purchasing Agent
--- Document: BID - Tree Service - NOTICE OF ADDENDUM NO. 2 ---
BOROUGH OF MIDDLESEX
NOTICE OF ADDENDUM NO. 2
TREE REMOVAL, TREE TRIMMING, STUMP GRINDING
Addendum No. 1 has been issued for the Bid pertaining to Tee Removal, Tree Trimming, Stump
Grinding for the Borough of Middlesex on Friday, May 15, 2020, and posted on Borough website.
TO ALL CONCERNED: The original bid specification package for the above referenced project is
amended as noted in Addendum No.1.
CONCERNING QUESTION REGARDING PREVAILING WAGE:
QUESTION: The Prevailing Wage box is not checked (bid package, page 7), does that mean not prevailing
wage? And if it is, would you kindly email me the prevailing wage list?
ANSWER: No, non-prevailing wage.
ADDITIONAL INFORMATION:
CONCERNING DEADLINE TO SUBMIT QUESTIONS:
1. Deadline to submit any/all questions prior to bid opening is May 18, 2020.
Carmen Modica
Purchasing Agent
--- Document: RFQ: Recreation Center Cleaning Services ---
REQUEST FOR QUOTES
April 24, 2020
Re: Request for Written Quotation – Recreation Center Cleaning Services
Please provide a signed quote for the following:
The Borough of Middlesex is seeking quotations for cleaning services at the Recreation
Center located at 1400 Mountain Avenue, Middlesex, NJ 08846. Duration of contract is
for the term of 12 months (July 1, 2020 – July 1, 2021).
Scope of Work:
Daily:
➢ Garbage taken out (from all offices, bathrooms, hallways)
➢ Bathrooms cleaned: sinks disinfected, mirrors wiped, toilets sanitized, floors
mopped, etc.
➢ Main room floor and kitchen to be mopped after events.
➢ In all restrooms refill soap, tissue and paper towels (supplied by borough)
➢ Clean all entrance and exit glass doors
Every Other Day:
➢ Mop the big room and vestibules; during the winter front vestibule needs to be
mopped daily.
1 time per Week:
➢ Wipe down/sanitize tables and chairs
➢ Wipe down windows and doors
➢ Vacuum offices (once a week or as needed)
➢ Mop Kitchen Floor
➢ Wipe down all counters, sinks, stove and refrigerator in kitchen
➢ Clean windowsills/ledges
Bi-Weekly:
➢ Dust
1200 Mountain Avenue, Middlesex, NJ 08846 Phone: 732.356.7400 | Fax:
732.356.7954 | middlesexboro-nj.gov | [f]
1 time per Month:
➢Buff floors (preferably the last Tuesday of the month)
Additional Information:
➢Contractor will supply all equipment (including but not limited to employee
protective gear such as gloves or masks), labor and cleaning products (such as
floor cleaner, glass cleaner, bathroom cleaner, disinfecting wipes, air freshener)
➢The Borough will supply paper products (paper towels, toilet paper, tissue),
garbage liners and hand soap. In the event that said products are not available,
contractor to supply said products and bill the owner.
➢All workers will be required to wear proper uniform with a picture ID
➢Reports of any damage will be reported to the Borough within twenty-four (24)
hours
➢Contractor is to inform the Purchasing Agent of supplies needed at least 2 weeks
prior to use
Perspective vendors are to submit the Proposal Form along with a copy of NJ Business
Registration Certificate (NJBRC) no later than 11:00am, May 14, 2020 via email to
Carmen Modica, Purchasing Agent at cmodica@middlesexboro-nj.gov or via FedEx or
UPS prevailing time, clearly marked “Recreation Center Cleaning Services Quote”.
Mail to: Purchasing Agent, 1200 Mountain Avenue, Middlesex, NJ 08846. The Borough
is not responsible for late submission sent via regular mail. It is the bidder’s
responsibility to see that bids are presented to the Purchasing Agent prior to or at the
time and at the place designated.
Bids received after the designated time and date will be considered unresponsive
and will not be considered for said services.
Any Addenda will be issued on the Borough’s website, and processed in accordance
with N.J.S.A. 40A:11-23(c)(1). All interested vendors should check the website
from now through submittal date. It is the sole responsibility of the respondent to
be knowledgeable of all addenda related to this procurement.
If choosing not to quote, please respond in the negative.
Do they want to remain on the list for future quotes?
Thank you,
Carmen Modica
Purchasing Agent
BOROUGH OF MIDDLESEX
REQUEST FOR QUOTATION
Recreation Center Cleaning Services
PROPOSAL PAGE
ALL PRICES ARE TO BE FOB TO: 1200 Mountain Avenue, Middlesex, NJ 08846
Price for cleaning services as per specifications:
Hourly Rate: $ _____________
Amount in words: _____________________________________________________
Exceptions __________________________________________________________
___________________________________________________________________
___________________________________________________________________
Quote valid through June 14, 2020.
NJ –BRC required – Please submit with quote
Name and title of person providing quote:
________________________________________ ___________________________
(name)
(title)
_______________________________________
(Signature)
_______________________________________
(e-mail)
Date: ______________
--- Document: RFQ: Recreation Center Cleaning Services Addendum #1 ---
ADDENDUM #1
REQUEST FOR QUOTES FOR CLEANING SERVICES
BOROUGH OF MIDDLESEX
RECREATION CENTER
Addendum No. 1 has been issued for the Request for Quotes pertaining to Cleaning Services for
the Recreation Center, on April 27, 2020, and posted on Borough website.
TO ALL CONCERNED: The original Request for Quotes for the above referenced service is
amended as noted in Addendum No.1.
CONCERNING QUESTIONS REGARDING SCOPE OF WORK:
1. Listing of questions and answers.
CONCERNING DEADLINE TO SUBMIT QUESTIONS:
1. Deadline to submit any/all questions prior to submittal date is May 5, 2020.
ADDITIONAL INFORMATION REGARDING SCOPE OF WORK
1. Grout cleaning.
Carmen Modica
Purchasing Agent
Addendum Addresses Questions Received
1) QUESTION: What is the square footage of the building?
ANSWER: Approximately 4500square feet.
2) QUESTION: What is the square footage of the space that requires buffing?
ANSWER: Correction as to buffing of floors. Buffing not required. We received new
flooring over the summer that does not require buffing.
3) QUESTION: 5 days services?
ANSWER: Yes five (5) days a week. The weekends are when the building tends to get
trashed. Either Sunday night or Monday morning the bathrooms need to be cleaned,
main room mopped, and garbage removed.
4) QUESTION: Cleaning time?
ANSWER: Monday thru Friday the building and offices are open to the public 8:30am-
4pm. Rentals occur from 5pm-10pm. Residents are constantly walking through during
this time. Additionally, programming occurs during the hours of 8am-10pm. Ideally,
cleaning should happen before or after the hours of usage for the building. After the
monthly luncheons, and any other events, the building needs an extra thorough
cleaning.
5) QUESTION: Is there a walkthrough, whether in person or virtual for this site?
ANSWER: Due to the pandemic, the facility is currently closed. We are working on
possible video or pictures of facility. Once received, it will be posted on
website/forwarded to you.
ADDITIONAL INFORMATION REGARDING SCOPE OF WORK
1) Deep cleaning of grout to be done monthly.
Date posted: April 27, 2020
--- Document: BID: Electrical Services ---
REV 09/2019
1
NOTICE TO BIDDERS
Sealed bids will be received by the Purchasing Agent for the Borough of Middlesex on
Wednesday, March 11, 2020 at 11:00am prevailing time at the Borough of Middlesex,
1200 Mountain Avenue, Middlesex, NJ 08846 at which time and place bids will be opened
and read in public for:
FURNISH AND DELIVER ELECTRICAL SERVICES
FOR ALL BOROUGH OF MIDDLESEX FACILITIES AND LOCATIONS
Contract #: BID-0001-20
Bid responses must be made on the standard proposal forms, be enclosed in a sealed
package bearing the name and address of the bidder and the “BID TITLE NAME &
CONTRACT #” on the outside, addressed to Carmen Modica, Purchasing Agent, at the
address above.
Any Bid Addenda will be issued on the Borough website, and processed in accordance with
N.J.S.A. 40A:11-23(c)(1). All interested bidders should check the website from now
through bid opening. It is the sole responsibility of the respondent to be knowledgeable of
all addenda related to this procurement.
Specifications and instruction to bidders may be obtained in the Clerk’s Office, 1200
Mountain Avenue, Middlesex, NJ or the Borough website at www.middlesexboro-nj.gov.
Bidders shall comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17-27 et seq.
A highly recommended pre-bid meeting/inspection of sites will be held Friday, February
28, 2020 beginning at 10:00 AM at 1200 Mountain Avenue, Middlesex, New Jersey.
Carmen Modica, CMR
Purchasing Agent
Date Advertised: February 25, 2020
Borough of Middlesex
1200 Mountain Avenue
Middlesex, New Jersey 08846
REV 09/2019
2
BOROUGH OF MIDDLESEX
GENERAL INSTRUCTIONS
1.
SUBMISSION OF BIDS
A. Sealed bids shall be received the Borough of Middlesex, hereinafter referred to as “owner”,
in accordance with public advertisement as required by law, a copy of said notice being
attached hereto and made a part of these specifications.
B. Sealed bids shall be received by the designated representative at 11:00am at 1200
Mountain Avenue, Middlesex, NJ 08846 as stated in the Notice to Bidders, and at such time
and place will be publicly opened and red aloud.
C. Each bid shall be submitted on the proposal form attached, in a sealed envelope
(1) Addressed to the Purchasing Agent
(2) Bearing the name and address of the bidder on the outside of the envelope
(3) Clearly marked “BID” with the contract title being bid. Provide One (1) Original & One
(1) copy of the bid. Faxed or emailed bids will NOT be accepted.
D. It is the bidder’s responsibility to see that bids are presented to the Purchasing Agent prior
or at the time and at the place designated. Bids may be hand delivered or mailed; however,
the owner disclaims any responsibility for bids forwarded by regular, express or overnight
mail. Bids sent by express mail or delivery service must either 1) include the
designation in sub-section C, above on the outside of the express mail or service
envelope; or 2) must be in a separate envelope inside the delivery envelope and
the envelope marked as required above. Bids received after the designated time
and date will be returned unopened.
E. The Borough reserves the right to postpone the date for presentation and opening of bids
and will give written notice of any such postponement to each perspective bidder as
required by law.
F. Sealed bids forwarded to the owner before the time of opening of bids may be withdrawn
upon written application of the bidder who shall be required to produce evidence showing
that the individual is or represents the principal or principals involved in the bid. Once bids
have been opened, they shall remain firm for a period of sixty (60) calendar days.
G. All prices and amount must be written in ink or preferably machine-printed. Bids containing
any conditions, omissions, unexplained erasures or alternations, items not called for in the
bid proposal form, attachment of additive information not required by the specifications, or
irregularities of any kind, may be cause for rejection by the owner in accordance with
applicable law. Any changes, whiteouts, strikeouts, etc. in the bid must be initialed in ink
by the person signing the bid.
H. Each bid proposal form must give the full business address, business phone, fax, e-mail,
the contact person of the bidder, and be signed by an authorized representative as follow:
• Bids by partnerships 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.
• Bids 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
designation of the president, secretary or other person authorized to bind the
corporation in the matter.
• Bids by sole-proprietorship shall be signed by the proprietor.
• When requested, satisfactory evidence of the authority of the officer signing shall be
furnished.
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I. Multiple Bids Not Accepted
More than one bid from an individual, a firm or partnership, a corporation or association
under the same or different names shall not be considered.
J. Bidder should be aware of the following statues that represent “Truth in Contracting” laws:
➢ N.J.S.A. 2C:21-34, et seq. governs false claims and representations by bidders. It is a
serious crime for the bidder to knowingly submit a false claim and/or knowingly make
material misrepresentation.
➢ N.J.S.A. 2C:27-10 provides that a public servant commits a crime if said public servant
solicits or receives a benefit directly or indirectly, or 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 bidder commits a crime if said person, directly or
indirectly, confers or agrees to confer any benefit not allowed by law to a public servant.
➢ Bidder should consult the statutes or legal counsel for further information.
K. Pay-to-Play Disclosure – Business entities are advised of their responsibility to file an annual
disclosure statement of political contributions with the New Jersey Election Law Enforcement
Commission (ELEC) pursuant to N.J.S.A. 12:44A-20.27 if they receive contracts in excess
of $50,000 from public entities in a calendar ear. Business entities are responsible for
determining if filing is necessary. Additional information on this requirement is available
from ELEC at 888-313-3532 or at www.elec.state.nj.us.
L. Official Request for Bid packages are available from the Borough’s website at
www.middlesexboro-nj.gov at no cost to the prospective bidders. All addenda are posted
on the website and issued in accordance with N.J.S.A. 40A:11-23(c)(1). Potential bidders
are cautioned that they are responding at their own risk if a third party supplied the
specifications that may or may not be complete. The owner is not responsible for third
party supplied documents. Respondents are urged to contact the owner with their contact
information so any addenda to these specifications can be sent to them.
M. Results of all bids are posted on the Borough website.
2.
BID SECURITY AND BONDING REQUIREMENTS
The following provisions, if indicated by an (x), shall be applicable to this bid and be
made a part of the bidding documents:
A.
BID GUARANTEE
Bidder shall submit with the bid a certified check, cashier’s check or bid bond in the amount
of ten percent (10%) of the total price bid, but not in excess of $20,000, payable
unconditionally to the Borough of Middlesex.
When submitting a Bid Bond, it shall contain Power of Attorney for full amount of Bid Bond
from a surety company authorized to do business in the State of New Jersey and acceptable
to the Borough of Middlesex.
The check or bond of the unsuccessful bidder(s) shall be returned pursuant to N.J.S.A.
40A:11-24a. The check or bond of the bidder to whom the contract is awarded shall be
retained until a contract is executed and the required performance bond or other security
is submitted.
The check or bond of the successful bidder shall be forfeited if bidder fails to enter into
contract pursuant to N.J.S.A. 40A:11-21. The Bid Bond shall include a valid Power of
Attorney authorizing the Attorney-in-Fact to execute the documents. Failure to submit
required guarantee shall be cause for rejection of the bid.
B.
CONSENT OF SURETY
Bidder shall submit with the bid a Certificate (Consent) of Surety with Power of Attorney for
full amount of bid price from a Surety Company authorized to do business in the State of
New Jersey, and acceptable to the Borough of Middlesex stating that it will provide said
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bidder with a Performance Bond in the full amount of the bid. This certificate shall be
obtained in order to confirm that the bidder to whom the contract is awarded will furnish
Performance and Payment Bonds from an acceptable surety company on behalf of said
bidder, any or all subcontractors or by each respective subcontractor or by any combination
thereof which results in performance security equal to the total amount of the contract,
pursuant to N.J.S.A. 40A:11-22.
The Consent of Surety shall include a valid Power of Attorney authorizing the Attorney-in-
Fact to execute the documents. Failure to submit this shall be cause for rejection of the bid.
C.
PERFORMANCE BOND
Successful bidder shall simultaneously with the delivery of the executed contract, submit
an executed bond in the amount of one hundred percent (100%) of the acceptable bid as
security for the faithful performance of this contract.
The performance bond provided shall not be released until final acceptance of the whole
work and then only if any liens or claims have been satisfied. The surety on such bond or
bonds shall be a duly authorized surety company authorized to do business in the State of
New Jersey pursuant to N.J.S.A. 17:31-5. For multi-year contracts, the Performance Bond
may be resubmitted each year on the Contract Anniversary Date for the amount remaining
on the contract.
Failure to submit this with the executed contract shall be cause for declaring contract null
and void pursuant to N.J.S.A. 40A:11-22.
D.
LABOR AND MATERIAL (PAYMENT) BOND
The successful bidder shall with the delivery for the performance bond submit an executed
payment bond to guarantee payment to laborers and suppliers for the labor and material
used in the work performed under the contract.
Failure to submit a labor and material bond with the performance bond shall be cause for
declaring the contract null and void.
E.
MAINTENANCE BOND
Upon acceptance of the work by the Borough of Middlesex, the contractor shall submit a
maintenance bond (N.J.S.A. 40A:1-16.3) in an amount not to exceed 100% of the project
costs guaranteeing against defective quality of work or materials for the period of:
1 Year
2 Years
3.
PREPARATION OF BIDS (PRICING INFORMATION AND FORMS)
A. (1) The owner is exempt from any local, state or federal sales, use or excise tax. The owner
will not pay for New Jersey State Sales and Use Tax that are included in any invoices.
The owner will not pay service charges such as interest and late fees.
(2) The owner or any of its offices and divisions will not complete credit applications as a
result of contract(s) resulting from award based on these specifications.
B. Bids shall be signed in ink (Original Signature Required) by the bidder, all quotations shall
be made with a typewriter/computer or pen and ink. Any quotation showing any erasure
alteration must be initialed by the bidder in ink. Unit prices and totals are to be inserted in
spaces provided.
C. Failure to sign and give all information in the bid may result in the bid being rejected.
D. Estimated Quantities (Open-Ended Contracts, Purchase as Needed) The owner has
attempted to identify the item(s) and the estimated amounts of each item bid to cover its
requirements; however, past experience shows that the amount ordered may be different
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than that submitted for bidding. The right is reserved to decrease or increase the quantities
specified in the specifications pursuant to N.J.A.C. 5:30-11.2 and 11.10. NO MINIMUM
PURCHASE IS IMPLIED OR GUARANTEED.
E. Contractor shall be responsible for obtaining any applicable permits or licenses from any
government entity that has jurisdiction to require the same. All bids submitted shall have
included this cost.
F. Bidders shall insert prices for furnishing goods and services required by these specifications.
Prices shall be net including any charges for packing, crating, containers etc. All
transportation charges shall be fully prepaid by the contractor, F.O.B. destination and
placement at locations specified by the owner. No additional charges will be allowed for
any transportation costs resulting from partial shipments made at vendor’s convenience
when a single shipment is ordered.
G. Any bidder may withdraw his bid at any time before the time set for receipt of bids. No bid
may be withdrawn in the 60 day period after the bids are received.
H. Bidder shall complete and sign the Bid Submission Document Checklist and include it with
the bid submission. For construction bids, failure to submit the checklist is a fatal
defect and the bid will be rejected. This document serves as a guide to bidders to
bidders of the documents that are required to be submitted with the bid.
I. Results of all bids are posted on the Borough website www.middlesexboro-nj.gov.
4.
FIRM FIXED CONTRACT
This is a firm fixed contract, prices firm, FOB Borough of Middlesex locations. No price
escalation. The vendor shall void the contract and permit the Borough to solicit open market
pricing should any price increase or surcharge be imposed.
5.
INTERPRETATIONS AND ADDENDA
A. The bidder understands and agrees that its bid is submitted on the basis of the specifications
prepared by the Borough. The bidder accepts the obligation to become familiar with these
specifications.
B. Bidders are expected to examine the specifications and related documents with care and
observe all their requirements. Ambiguities, errors or omissions noted by bidders should
be promptly reported in writing to the appropriate official. Any prospective bidder who
wishes to challenge a bid specification shall file such challenges in writing with the
contracting agent no less than three business days prior to the opening of the bids.
Challenges filed after that time shall be considered void and have no impact on the
contracting unit or the award of a contract pursuant to N.J.S.A. 40A:11-13. In the event
the bidder fails to notify the owner of such ambiguities, errors or omissions, the bidder shall
be bound by the requirements of the specifications and the bidder’s submitted bid.
C. No oral interpretation and or clarification of the meaning of the specifications for any goods
and services will be made to any bidder. Every request for an interpretation shall be in
writing, addressed to the owner’s representative stipulated in the specification. In order to
be given consideration, written requests for interpretation and or clarification must be
received at last three (3) business days prior to the date fixed for the opening of the bids
for goods and services.
D. 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 bidders. All
addenda so issued shall become part of the specification and bid documents, and shall be
acknowledged by the bidder by completing the Acknowledgement of Receipt of
Addenda form. The owner’s interpretations or corrections thereof shall be final.
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Pursuant to N.J.S.A. 40A:11-23(c)(1) when issuing addenda, the owner shall provide
required notice prior to official receipt of bids to any person who has submitted a bid or who
has received a bid package. They will be sent via electronic transmissions to those known
recipients of the bid specifications. They will be sent from cmodica@middlesexboro-nj.gov.
It is recommended that bidders include this address in the recipient email’s contact list to
ensure it is not routed to a junk folder.
E. Discrepancies in Bids
1. If the amount shown in words and its equivalent 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 price shall prevail. In the event there is an error of the summation of the
extended totals, the computation by the owner of the extended totals shall govern.
F. Optional Pre-Bid Conference
If stated in the Notice to Bidders and checked below:
A pre-bid conference will not be held.
A pre-bid conference for this proposal will be held on Friday, February 28, 2020.
Attendance is not mandatory, but is strongly recommended. Failure to attend does
not relieve the bidder of any obligations or requirements.
6.
BRAND NAMES, STANDARDS OF QUALITY AND PERFORMANCE
A. Brand names and/or descriptions used in these specifications are to acquaint bidders with
the types of goods and services desired and will be used as a standard by which goods and
services offered as equivalent will be evaluated. The owner reserves the right to evaluate
equivalency of a product which, in its deliberations, meets its requirements.
B. When a specification uses “brand name or equivalent”, the listed brand name shall serve
as a reference or point of comparison for the functional or operational characteristic desired
for the good or service being requested. Where a bidder submits an equivalent, it shall be
the responsibility of the bidder to document the equivalence claim. Failure to submit such
documentation shall be grounds for rejection of the claim of equivalence.
C. In submitting its bid, the bidder certifies that the goods or services to be furnished will not
infringe upon any valid patent or trademark and that the successful bidder shall, at its own
expense, defend any and all actions or suits charging such infringement, and will save the
owner harmless from any damages resulting from such infringement.
D. Only manufactured and farm products of the United States, wherever available, shall be
used pursuant to N.J.S.A. 40A:11-18.
E. Wherever practical and economical to the owner, it is desired that recycled or recyclable
products be provided. Please indicate when recycled products are being offered.
F. The contractor shall guarantee any or all goods and services supplied under these
specifications. Defective or inferior goods shall be replaced at the expense of the contractor.
The contractor will be responsible for return freight or restocking charges.
7.
METHOD OF CONTRACT AWARD
A. The owner reserves the right to accept or reject any or all bids, to waive identified
irregularities and technicalities, and to award in whole or in part to the lowest responsible
bidder, if it is in the best interest of the owner to do so. Without limiting the generality of
the foregoing, any bid which is incomplete, obscure, or irregular may be rejected, any bid
having erasures or corrections in the price sheet may be rejected, any bid in which unit
prices are omitted, or in which unit/total prices are unbalanced, may be rejected, any bid
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accompanied by any insufficient or irregular certified check, cashier’s check or bid bond
may be rejected.
B. The owner further reserves the right to award each item separately to the lowest
responsible bidder meeting specifications or to make an award based on the total bid to the
bidder whose total sum is the low bid meeting the specifications, whichever in the awarding
authorities’ opinion is in the best interest of the owner. Without limiting the generality of
the foregoing, the owner reserves the right to award a contract based on either option that
may be described in the bid proposal or based on any combination thereof.
C. The owner may also elect to award the contract on the basis of unit prices.
D. The owner reserves the right to award equal or tie bids at their discretion to any one of the
tie bidders.
E. Should the bidder, to whom the contract is awarded, fail to enter into a contract, the
Borough may then, at its option, accept the bid of the next lowest responsible bidder.
F. The effective period of this contract will be two years unless otherwise noted in the
specifications. Continuation of the terms of this 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 Borough reserves the right to cancel this contract.
G. The form of contract shall be submitted by the Borough to the successful bidder. Terms of
the specifications/bid package prevail. Bidder exceptions must be formally accepted by the
Borough; material exceptions shall not be approved.
H. Successful bidder/respondent shall complete W-9 Form and submit to the owner prior to
contract award. The form is available at the following link: www.irs.gov/pub/irs-pdf/f29.pdf
I. Government entities are not private business/consumer clients; therefore, separate
company agreements are not honored. Terms of the specifications/bid package prevail
unless otherwise noted by the vendor as exceptions.
8.
CAUSES FOR REJECTING BIDS
Bids may be rejected for any of the following reasons:
A. All bids pursuant to N.J.S.A. 40A:11-13.2;
B. If more than one bid is received from an individual, firm or partnership, corporation or
association under the same name;
C. Multiple bids from an agent representing competing bidders;
D. The bid is inappropriately unbalanced;
E. If the successful bidder 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 owner may accept the bid of the next lowest responsible bidder. (N.J.S.A.
40A:11-24b)
9.
NEW JERSEY PREVAILING WAGE ACT (When Applicable) N.J.S.A. 34:11-56.25 et seq.
Pursuant to N.J.S.A. 34:11-56.25 et seq, contractors on projects for public work shall adhere
to all requirements of the New Jersey Prevailing Wage Act. The contractor shall be required to
submit a certified payroll record to the owner within ten (10) days of the payment of wages.
The contractor is also responsible for obtaining and submitting all subcontractors’ certified
payroll records within the aforementioned time period. The contractor shall submit said
certified payrolls in the form set forth in N.J.A.C. 12:60-6.1(c). It is the contractor’s
responsibility to obtain any additional copies of the certified payroll form to be submitted by
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contacting the New Jersey Department of Labor and Workforce Development, Division of
Workplace
Standards.
Additional
information
is
available
at
http://lwd.dol.state.nj.us/labor/wagehour/wagerate/wage_rates.html. In the event it is found
that any worker, employed by the contractor or any subcontractor has been paid a rate of
wages less than the prevailing wage required to be paid, the owner may terminate the
contractor’s or subcontractor’s right to proceed with the work, or such part of the work as to
which thee has been a failure to pay required wages and the contractor and subcontractor then
be required to continue the work to completion or otherwise.
10.
THE PUBLIC WORKS CONTRACTOR REGISTRATION ACT–N.J.S.A. 34:11-56.48 et seq.
N.J.S.A. 34:11-56.48 et seq. requires that a general or prime contractor and any listed
subcontractors named in the contractor’s bid proposal shall possess a certificate at the time
the bid proposal is submitted. After bid proposals are received and prior to award of contract,
the successful contractor shall submit a copy of the contractor’s certification along with those
of all listed subcontractors. All non-listed subcontractors and lower tier sub-subcontractors
shall be registered prior to starting work on the project. It is the general contractor’s
responsibility that all non-listed sub-contractors at any tier have their certificate prior to
starting work on the job.
Under the law a “contractor” is “a person, partnership, association, joint stock company, trust,
corporation or other legal business entity or successor thereof who enters into a contract” which
is subject to the provisions of the New Jersey Prevailing Wage Act (N.J.S.A. 34: 11-56.25, et
seq.) It applies to contractors based in New Jersey or in another state.
The law defines “public works projects” as contracts for “public work” as defined in the
Prevailing Wage statue (N.J.S.A. 34:11-56.25(5)). The term means:
•
“Construction, reconstruction, demolition, alteration, or repair work, or maintenance
work, including painting and decorating, done under contract and paid for in whole or
in part out of the funds of a public body, except work performed under a rehabilitation
program.
•
“Public work” shall also mean construction, reconstruction, demolition, alteration, or
repair work, done on any property or premises, whether or not the work is paid for from
public funds…”
•
“Maintenance work” means the repair of existing facilities when the size, type or extent
of such facilities is not thereby changed or increased. White “maintenance” includes
painting and decorating and is covered under the law, it does not include work such as
routine landscape maintenance or janitorial services.
To register, a contractor must provide the State Department of Labor and Workforce
Development with a full and accurately completed application form. The form is available online
at http://lwd.dol.state.nj.us/labor/wagehour/regperm/pw_cont_reg.html.
N.J.S.A. 34:11-56.55 specifically prohibits accepting applications for registration as a substitute
for a certificate or registration.
11.
EQUIPMENT CERTIFICATION
Bidder shall certify on the Equipment Certification form that they control or have access to
equipment necessary to do the required work if awarded the contract. If the bidder does not
own or lease the equipment, a certification from the owner of the equipment that the bidder
will have access to the equipment is required with the bid. (N.J.S.A. 40:11-20)
12.
NON-COLLUSION AFFIDAVIT – N.J.S.A. 52:34-15
The Non-Collusion Affidavit, which is part of these specifications, shall be properly executed
and submitted intact with the proposal.
13.
NEW JERSEY ANTI-DISCRIMINATION – N.J.S.A. 10:2-1
There shall be no discrimination against any employee engaged in the work required to produce
the goods and services covered by any contract resulting from this bid, or against any applicant
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to such employment because of race, religion, sex, national origin, creed, color, ancestry, age,
marital status, affectional or sexual orientation, familial status, liability for service in the Armed
Forces of the United States, or nationality. This provision shall include, but not be limited to
the following: employment upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation, and selection
for training, including apprenticeship. The contractor shall insert a similar provision in all
subcontracts for services to be covered by any contract resulting from this bid.
14.
MANDATORY EEO/AFFIRMATIVE ACTION EVIDENCE – N.J.S.A. 10:5-31 et seq. and
N.J.A.C. 17-27 et seq.
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. as administered by the Division of
Purchase & Property Contract Compliance and Audit Unit (Division) and provided below. The
contract will include the language included as Attachment A in this specification.
1. Goods, Professional Services and Service 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 Letter of Federal Approval indicating that the vendor is under an existing federally
approved or sanctioned affirmative action program. A copy of the letter must be
provided by the vendor to the Public Agency and Division. This approval letter is valid
for one year from the date of issuance.
ii. A Certificate of Employee Information Report (hereafter “Certificate”), issued in
accordance with N.J.A.C. 17:27 et seq. The vendor must provide a copy of the
Certificate to the Public Agency as evidence of its compliance with the regulations. The
Certificate represents the review and approval of the vendor’s Employee Information
Report, Form AA-302 by the Division.
iii. The successful bidder shall complete an Initial Employee Report, Form AA-302 and
submit it to the Division with a check or money order for $150.00 made payable to
“Treasurer, State of New Jersey" and forward a copy of the Form to the Public Agency.
Upon submission and review of the Division, the Report shall constitute evidence of
compliance with the regulations.
2. Construction Contracts
All successful contractors shall complete and submit an Initial Project Manning Report
(AA201-available
on-line
at
www.state.nj.us/treasury/contract_compliance
upon
notification of award. Proper completion and submission of this Report shall constitute
evidence of the contractor’s compliance with the regulations. Failure to submit this form
may result in the contract being terminated. The contractor also agrees to submit a copy
of the Monthly Project Workforce Report, Form AA-202 once a month thereafter for the
duration of the contract to the Department of LWD and to the Public Agency.
15.
AMERICANS WITH DISABILITIES ACT OF 1990 – 42 U.S.C. S121 01 et seq.
Discrimination on the basis of disability in contracting for the purchase of goods and services
is prohibited. Bidders are required to read Americans with Disabilities language that is included
in 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 owner harmless
for any violations committed under the contract.
16.
WORKER AND COMMUNITY RIGHT TO KNOW ACT – N.J.S.A. 34:5A-1 et seq.
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-1 et seq., and N.J.A.C.
5:89-5 et seq.). All direct use containers shall bear a label indicating the chemical name(s) and
Chemical Abstracts Service number(s) of all hazardous substances in the container, and all
other substances which are among the five most predominant substances in the container, or
their trade secret registry number(s) pursuant to N.J.A.C. 8:59-5. “Container” means a
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receptacle used to hold a liquid, solid or gaseous substance such as bottles, bags, barrels, cans,
cylinders, drums and cartons. (N.J.A.C. 8:59-1.3). Further, all applicable Material Safety Data
Sheets (MSDS) – hazardous substance fact sheet – must be furnished. All containers which are
stored at an owner’s facilities by the contractor or subcontractors shall display RTK Labeling.
Vendors with questions concerning labeling should contact the new Jersey Department of
Health and Senior Services Right to Know Program for assistance in developing proper labels.
www.nj.gov/health/workplacehealthandsafety/right-to-know
17.
STATEMENT OF CORPORATE OWNERSHIP – N.J.S.A. 52:25-24.2 (P.L. 1977 c.33)
In accordance with N.J.S.A. 52:25-24.2, no corporation, partnership, limited partnership,
limited liability corporation, limited liability partnership, Subchapter S corporation or sole
proprietorship, shall be awarded a contract, unless prior to the receipt of the bid or
accompanying the bid of the corporation, partnership, limited partnership, there is submitted
to the Borough a statement setting forth the names and addresses of all stockholders who own
10% or more of the stock, of any class or of all individual partners who own a 10% or greater
interest in the corporation, partnership. Limited partnership, limited liability corporation, limited
liability partnership, Subchapter S corporation or sole proprietorship. If one or more such
stockholder or partner is itself a corporation or partnership, the stockholders holding 10% or
more of that corporation’s stock, or the individual partners owning 10% or greater interest in
that partnership, as the case may be, shall also be listed. The disclosure shall be continued
until names and addresses of every noncorporate stockholder and individual partner, exceeding
the 10% ownership criteria established in this act has been listed. This form shall be signed
and submitted with the bid/proposal whether or not a stockholder or partner owns less than
10% of the business submitting the bid. Failure to comply requires mandatory rejection of the
bid/proposal. Not-for-profit entities should fill in their name, check the not-for-profit box, and
certify the form. No other information is necessary
18.
INSURANCE AND INDEMNIFICATION
If it becomes necessary for the contractor, either as principal or by agent or employee, to enter
upon the premises or property of the owner in order to construct, erect, inspect, make delivery
or remove property hereunder, the contractor hereby covenants and agrees to take use,
provide and make all proper, necessary and sufficient precautions, safeguards, and protection
against the occurrence of happenings of any accident, injuries, damages, or hurt to person or
property during the course of the work herein covered and be his/her sole responsibility.
The contractor further covenants and agrees to indemnify and save harmless the owner from
the payment of all sums of money or any other consideration(s) by reason of any, or all, such
accidents, injuries, damages, or hurt that may happen or occur upon or about such work and
all fines, penalties and loss occurred for or by reason of the violation of any owner regulation,
ordinance or the laws of the State, or the United States while said work is in progress.
The contractor shall maintain sufficient insurance to protect against all claims under Workers
Compensation, General Liability and Automobile and shall be subject to approval for adequacy
of protection and certificates of such insurance shall be provided with the owner named as
additional insured.
A. Insurance Requirements
The insurance documents indicated by an (X) shall include but are not limited to the
following coverages. The successful bidder shall provide coverage so that all insurance
coverage must be in effect no later than 12:01 A.M. EST at the start of the day of the contract
and remain in effect for the duration of the contract, including any extensions.
Worker’s Compensation and Employer’s Liability Insurance
This insurance shall be maintained in full force during the life of this contract by the bidder
covering all employees engaged in performance of this contract pursuant to N.J.S.A. 34:15-
12(a) and N.J.A.C. 12:35-1.6. Minimum Employer’s Liability $1,000,000.00.
General Liability Insurance
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This insurance shall have limits of not less than $3,000,000.00 any one person and
$3,000,000.00 any one accident for bodily injury and $3,000,000.00 aggregate for property
damage, and shall be maintained in force during the life of the contract.
Automobile Liability Insurance
This insurance covering bidder for claims arising from owned, hired and non-owned vehicles
with limits of not less than $3,000,000.00 any one person and $3,000,000.00 any one accident
for bodily injury and $3,000,000.00 each accident for property damage, shall be maintained in
force during the life of this contract by the bidder.
B. Certificates of the Required Insurance
Certificates of Insurance for those policies required above shall be submitted along with the
contract. Such coverage shall be with insurance companies authorized to do business in the
Sate of New Jersey and shall name the OWNER as an additional insured.
Self-insured contractors shall submit an affidavit attesting to their self-insured coverage and
shall name the OWNER as an additional insured.
C. Indemnification
The Contractor agrees to indemnify and hold harmless the owner, its officers, agents and
employees, from all claims, suits or actions, and damages or costs of every name and
description to which the owner may be subjected or put by reason of injury to the person or
property of another, or the property of the owner, resulting from:
a) negligent acts or omissions on the part of the contractor, the contractor’s agents, servants
or subcontractors in the delivery of goods and services, or in the performance of the work
under the contract; and,
b) the use of any copyrighted or copyrighted composition, valid trademark, secret process,
patented or unpatented invention or article furnished or used in the performance of this
contract.
The Borough of Middlesex will not accept Mutual Limitation of Liability terms.
19.
PAYMENT
A. Payment will be made after a properly executed Borough voucher has been received and
formally approved on the voucher list by the Governing Body at its subsequent regular
meeting. The voucher will be certified correct by the department/division head who
received the goods or services.
B. The owner may withhold all or partial payments on account of subsequently discovered
evidence including but not limited to the following:
1. Deliverables not complying with the project specification;
2. Claims filed or responsible evidence indicating probability of filing claims;
3. A reasonable doubt that the contract can be completed for the balance then unpaid.
C. When the above grounds are removed, payment shall be made for amount withheld because
of them.
D. Public funds may be used to pay only for goods delivered or services rendered. The owner
shall not pay penalties and/or interest on overdue bills unless otherwise required by law.
No employee is authorized to sign a letter of credit or any other document that represents
a legal commitment on the part of the owner to pay additional fees.
20.
TERMINATION
A. If, through any cause, the contractor shall fail to fulfill in a timely manner obligations under
the contract or if the contractor shall violate any of the requirements of the contract, the
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Borough 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 Borough of any obligation for balances to the contractor of any
sum or sums set forth in the contract. The Borough will pay for goods and services accepted
prior to termination.
B. Notwithstanding the above, the contractor shall not be relieved of liability to the Borough
for damages sustained by the Borough by virtue of any breach of the contract by the
contractor and the Borough may withhold any payments to the contractor for the purpose
of compensation until such time as the exact amount of the damage due the Borough from
the contractor is determined.
C. The contractor agrees to indemnify and hold the Borough 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 Borough under this provision.
D. In case of default by the contractor, the Borough may procure the goods and 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
Borough reserves the right to cancel the contract.
F. It is understood by all parties that if, during the life of the contract, the contractor disposes
of his/her business concern by acquisition, novation, merger, sale and/or transfer or by any
means convey his/her interest(s) to another party, all obligations are transferred to the
new party. In this event, the new owner(s) will be required to submit all
documentation/legal instruments that were required in the original bid/contract. Any
changes shall be approved by the Borough.
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 Borough.
H. The Borough may terminate the contract for convenience by providing sixty (60) calendar
days advanced notice to the contractor.
I. The contractor shall maintain all documentation related to products, transactions or services
under this contract for a period of five years from the date of final payment. Such records
shall be available to the New Jersey Office of the State Comptroller upon request.
J. For contracts that exceed one year, each fiscal year payment obligation of the Borough is
conditioned upon the availability of Borough funds appropriated or allocated for the
payment of such an obligation. If funds are not allocated and available for the continuance
of any services performed by the bidder awarded the contract (contractor) hereunder,
whether in whole or in part, the Borough at the end of any particular fiscal year may
terminate such services. The Borough will notify the contractor in writing immediately of
any services that will be affected by a shortage of appropriated funds. This provision shall
not be construed so as to permit the Borough to terminate the contract during the term, or
any service hereunder, merely in order to acquire identical services from another
contractor.
K. Neither party shall be responsible for any resulting loss or obligation to fulfill duties as
specified in any of the terms or provisions of a contract if the fulfillment of any term or
provision of the contract is delayed or prevented by any revolutions, insurrections, riots,
wars, acts of enemies, national emergencies, strikes, floods, fires, acts of God, or by any
cause not within the control of the party whose performance is interfered with which by the
exercise of reasonable diligence such party is unable to prevent. Additionally, if the
fulfillment of any of the terms and provisions of the contract is delayed or prevented by any
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court order, or action or injunction or other such agreement, the contract shall become
voidable by the Borough by notice to the parties.
21.
ACQUISITION, MERGE, 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 owners(s) will be required to submit, when required, a performance bond in the
amount of the open balance of the contract.
22.
ADDITIONS/DELETIONS OF SERVICE
The Borough reserves the right to add and/or delete services to this contract. Should a service
requirement be deleted, payment to the Contractor will be reduced proportionally to the
amount of service deleted in accordance with the bid price. Should additional services be
required, payment to the Contractor will be increased proportionally to the amount of service
added in accordance with the bid price.
23.
Vendor’s literature and/or pricing sheets will not be accepted in lieu of completing the proposal
blank(s) set forth in these specifications.
24.
Bidders shall not write in margins or alter the official content or requirements of the Borough
bid documents.
25.
SPECIFICATIONS
Any prospective bidder who wishes to challenge a bid specification shall file such challenges in
writing with the contracting agent no less than three business days prior to the opening of the
bids. Challenges filed after that time shall be considered void and having no impact on the
contracting unit or the award of contract.
26.
OWNERSHIP OF MATERIAL
The owner shall retain all of its rights and interest in any and all documents and property both
hard copy and digital furnished by the owner to the contractor for the purpose of assisting the
contractor in the performance of this contract. All such items shall be returned immediately to
the owner at the expiration or termination of the contract or completion of any related services,
pursuant thereto, whichever comes first. None of the documents and/or property shall, without
the written consent of the owner, be disclosed to others or used by the contractor or permitted
by the contractor to be used by their parties at any time except in the performance of the
resulting contract.
Ownership of all data, materials and documentation originated and prepared for the owner
pursuant to this contract shall belong exclusively to the owner. All data, reports, computerized
information, programs and materials related to this project shall be delivered to and become
the property of the owner upon completion of the project. The contractor shall not have the
right to use, sell, or disclose the total of the interim or final work products, or make available
to third parties, without the prior written consent of the owner. All information supplied to the
owner may be required to be supplied on CD-ROM media compatible with the owner’s computer
operating system, windows based, Microsoft Office Suite 2010.
27.
TRUTH IN CONTRACTING LAW
➢ N.J.S.A. 2C:21-34, et seq. governs false claims and representation. It is a serious crime
for the bidder 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 bidder commits a crime if said person, directly or
indirectly, confers or agrees to confer any benefit not allowed by law to a public servant.
➢ Bidder should consult the statutes or legal counsel for further information.
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28.
PROOF OF N.J. BUSINESS REGISTRATION CERTIFICATE N.J.S.A. 52:32-44
Pursuant to N.J.S.A. 52:32-44, the Borough of Middlesex (“Contracting Agency”) is prohibited
from entering into a contract with an entity unless the bidder/proposer/contractor, and each
subcontractor that is required by law to be named in a bid/proposal/contract has a valid
Business Registration Certificate on file with the Division of Revenue and Enterprise Services
within the Department of the Treasury.
Prior to contract award or authorization, the contractor shall provide the Contracting Agency
with its proof of business registration and that of any named subcontractor(s). Subcontractors
named in a bid or other proposal shall provide proof of business registration of the bidder, who
in turn, shall provide it to the Contracting Agency prior to the time a contract, purchase order,
or other contracting document is awarded or authorized.
During the course of contract performance:
1. The contractor shall not enter into a contract with a subcontractor unless he subcontractor
first provides the contractor with a valid proof of business registration.
2. The contractor shall maintain and submit to the Contracting Agency a list of
subcontractor’s and their addresses that may be updated from time to time. A complete
and accurate list shall be submitted before final payment is made for goods and services
rendered under the contract.
3. The contractor and any subcontractor providing goods or performing services under the
contract, and each of their affiliates, shall collect and remit to the Director of the Division
of the Division of Taxation in the Department of the Treasury, the use tax due pursuant
to the Sales and Use Tax Act, N.J.A.A. 54:32B-1 et seq.) on all sales of tangible personal
property delivered into the State. Any questions in this regard can be directed to the
Division of Taxation of (609) 292-6400. Form NJ-REG can be filed on line at
www.state.nj.us/treasury/revenue/busregcert.shtml.
Failure to submit the BRC with the bid is NOT a cause for rejection. However, the owner prefers
the BRC be submitted with the bid response. If it is not provided prior to execution of a contract
the bidder’s bid guarantee shall be forfeited and the contract shall be awarded to the next
lowest responsible bidder.
Pursuant to N.J.S.A. 54:49-4.1, a business organization that fails to provide a copy of a
business registration as required, or that provides false business registration information, shall
be liable for a penalty of $25 for each day of violation, not to exceed $50,000, for each proof
of business registration not properly provided under a contract with a Contracting Agency.
Emergency Purchases or Contracts
For purchase of an emergent nature, the contractor shall provide its Business Registration
within two (2) weeks from the date of purchase or execution of the contract or prior to payment
for goods or services, whichever is earlier.
A BRC is obtained from the New Jersey Division of Revenue and Enterprise Services.
Information
on
obtaining
a
BRC
is
available
on
the
internet
at
www.nj.gov/treasury/revenue/busregcert.shtml or by phone at (609) 292-2929.
29.
PAY TO PLAY – NOTICE OF DISCLOSURE REQUIREMENT
Business entities are advised of their responsibility to file an annual disclosure statement of
political contributions with the New Jersey Election Law Enforcement Commission (ELEC)
pursuant to N.J.S.A. 19:44A-20.27 if they receive contracts in excess of $50,000 from public
entities in a calendar year. Business entities are responsible for determining if filing is
necessary. Additional information on this requirement is available from ELEC at 888-313-3532
or at www.elec.state.nj.us.
30.
NON-PAYMENT OF PENALTIES AND INTEREST ON OVERDUE BILLS
Public funds may be used to pay only for goods delivered or services rendered. The Borough
will not pay penalties and/or interest on overdue bills. No employee is authorized to sign a
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letter of credit or any other document that represents a legal commitment on the part of the
Borough to pay additional fees.
31.
W-9
Successful bidder/respondent shall complete W-9 Form and submit to Purchasing prior to
contract award. The form is available at the following link: www.irs.gov/pub/irs-pdf/fw9.pdf
32.
Health Insurance Portability and Accountability Act of 1996-HIPAA (If Applicable)
Both parties agree to comply with all requirements of the Federal Health Insurance Portability
and Accountability Act of 1996 (“HIPAA”) as maybe amended from time to time, and the
corresponding HIPAA regulations for the confidentiality and security of medical information.
The Contractor shall:
• Not use or disclose protected health information other than as permitted or required by law
• Use appropriate safeguards to protect the confidentiality of the information
• Report any use or disclosure not permitted
The contractor, by execution of the contract, shall thereby indemnify and hold the Borough
harmless from any and all liabilities, claims, actions, costs and penalties which may be incurred
as the result of the failure of the contractor to comply with the requirements of the Health
Insurance Portability and Accountability Act (HIPAA) or any other statute or case law protecting
the privacy of persons using its services.
33.
PUBLIC EMERGENCY
In the event of a Public Emergency declared at the Local, State or Federal Level, if the owner
opts to extend terms and conditions of this bid, the contractor agrees to extend the terms and
conditions of this bid, whether existing, expiring or expired no longer than six months, for
goods and/or services for the duration of the emergency. In the event the original contractor
cannot meet this requirement, the owner may solicit the goods and/or services from any bidder
on this contract.
34.
The owner and the Contractor each bind themselves and their successors, executors,
administrators, heirs and assigns and legal representatives of the other party respecting all
covenants and agreements and obligations of this contract.
35.
The terms of this Agreement shall be construed and interpreted, and all respective rights and
duties of the parties shall be governed by the laws of the State of New Jersey.
36.
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
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.
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SPECIFICATIONS
The Borough of Middlesex (owner) requests bids from contractors for the provision of electrical services
such as repairs, upgrade, stabilization of electrical systems at the Borough’s facilities to the original
design and/or constructed condition, or to reinforce, rehabilitate or upgrade or replace as directed by the
owner’s Department of Public Works or designee.
The owner reserves the right to add or remove facilities during the contract period as referenced below.
Contractors will be utilized on an as needed or emergency basis. No guarantees are made for or implied
for the total value of the contract for owner only purposes.
All bidders must be qualified and responsible. If the bidder is doing business as a sole proprietorship, the
bidder must hold a valid license in its name and be in good standing with the relevant licensing
authority. If the bidder is doing business in the corporate form, then in addition to the foregoing, the
bidder must be in good standing with the office of the Secretary of State, having complied with relevant
filing and reporting requirements.
ESTIMATE OF WORK HOURS
The owner does not and will not warrant or guarantee the amount of work hours to be supplied/required
in any given day, week, month or year, or in the aggregate, pursuant any contractual agreement awarded
under these bid specifications. Nothing contained in any of the bid documents shall be construed to
guarantee or warrant any amount of work hours.
Nothing herein shall entitle the Contractor to any claim to an hourly price increase for lost profits or for
any other compensation whatsoever in the event that the actual work hours supplied/required under this
agreement are more or less than estimated work hours.
A highly recommended pre-bid meeting/inspection of sites will be held Friday, February 28, 2020
beginning at 10:00 AM at 1200 Mountain Avenue, Middlesex, New Jersey.
Each bidder shall examine and become thoroughly familiar with all existing conditions, including all
applicable laws, ordinances, rules and regulations that will affect the work, prior to submitting a
proposal. The bidder shall visit the sites, examine the existing conditions, equipment and systems, and
ascertain by any reasonable means all conditions that will in any manner affect the work, in order to be
fully informed prior to submitting a proposal. These specifications are intended to present an essentially
accurate indication of the systems currently in place. This, however, shall not relieve the bidder of the
necessity for fully informing himself/herself as to the existing conditions.
1.0 Basis of Bid Award
1.1 Bidders must submit the price for labor based on the hourly rate to be charged for electrical services.
The hourly rate shall apply to all workers, without regard to title or worker classification. The hourly
rate is not a payroll rate. The bidder’s responsibility to pay prevailing wages is not affected by bidding a
single hourly rate. For purposes of the award of this contract, the winning bidder shall be the bidder that
presents the Borough with the lowest average hourly rate (exclusive of overtime rates) for Year One and
Year Two of this contract.
1.2 The owner reserves the right to award multiple contracts to the lowest responsive and responsible
bidder, as the Primary contractor and to the second lowest responsive and responsible bidder as the
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Secondary contractor. In the event of the inability or failure of the Primary contractor to respond to a
request for service within 2 hours, the Secondary contractor will be notified of the request for service.
1.3 Department of Public Works or designee shall determine if the Primary Contractor is unable or fails
to respond.
1.4 Work to be provided at various locations within the Borough of Middlesex at all properties owned or
leased by the owner. As an aid to bidders, a representative inventory of the owner’s locations is listed
below:
Borough Hall – 1200 Mountain Avenue
Recreation/Senior Building/Rescue Squad – 1400 Mountain Avenue
Police Department – 1100 Mountain Avenue
Recycling Center – 1200 Mountain Avenue
Pumping Station – Utility located at Marshal and Union Avenue
Department of Public Works – 110 Main Street
Parks Department – Located behind Mountain View Park
Mountain View Park/Cook Field/Haverstick/Lincoln Park/Victor Crowell Park
The Contractor shall be required to work on any facilities not enumerated herein but added to this list by
the Borough during the term of this contract.
2.0 Contractors Requirements
2.1 All bidders must possess a State of New Jersey MASTER ELECTRICIANS license for Electrical.
Said License is equal to an Electrician who is the holder of a Valid License issued by the NJ Board of
Examiners of Electrical Contractors. A copy of said license must be attached to this bid and must
provide proof of licensure with the bid response.
2.2 Each bidder must submit with their bid an experience statement naming facilities presently
under contract along with the names and phone numbers of the main contact person at each facility. The
owner has the right to validate the work performed at each facility listed by the bidder with phone calls
and/or site visits.
2.3 Contractor shall:
(a) Perform in a professional manner on a timely basis by qualified, competent personnel authorized to
work at Borough facilities in which they provide services;
(b) Not infringe or encroach upon any party’s personal, contractual or proprietary rights, including
patent, trademark and service mark, copyright, right of privacy or trade secret rights;
(c) Provide materials of good quality and without defect, and conform to all specifications and other
descriptions set forth herein; further represents and warrants that all goods furnished in the provision of
services will be new unless otherwise specified and agreed to in writing by the Department of Public
Works or designee, will be free from defects in materials, workmanship, and design, and will conform to
all applicable manufacturer’s specifications;
(d) Be in conformity with all federal, state or local laws, regulations or orders.
2.4 The Contractor shall provide a cost estimate to owner for work in excess of $1,000.
Prevailing Wage requirements apply to certain functions to be determined at time of work. The
Contractor shall respond with a cost estimate within 24 hours, excluding weekend and holidays. If at the
discretion of the Department of Public Works or designee, the job/cost estimate is more complicated or
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requires site verification or visit, the response time will be adjusted accordingly, up to 48 hours
excluding weekends and holidays.
2.5 Failure of the Contractor to respond as required will constitute non-performance and the owner shall
be entitled to take steps to secure compliance through written and verbal communication to contractor.
The owner reserves the right to rescind award due to continuing non-performance factors that have been
brought to the contractor’s attention in
writing.
2.6 Contractor shall not subcontract any services under this agreement.
2.7 The contractor shall be experienced in testing, servicing, repairing, and replacing equipment of the
types to be installed in the owner’s facilities and properties.
2.8 The contractor shall coordinate its work with other owner contractors and/or owner personnel so as
to avoid any interruption of work to owner facilities and programs.
2.9 If required, the contractor shall be responsible for obtaining permits and inspections for all projects
under this contract.
2.10 The Contractor shall assign only those personnel necessary to accomplish the work and shall not
assign more workers than are required.
3.0 Request for Services
3.1 Requests for services at any building or facility shall only be made by an authorized representative
of the owner.
3.2 The Contractor must provide service twenty-four (24) hours a day, seven (7) days a week, 365 days
a year.
3.3 The Department of Public Works or designees will place all requests for service directly to the
Contractor by written work order or by phone call confirmed with an e-mail or fax. The Contractor shall
reply to all messages within one hour, and to written work orders within twenty-four to forty-eight (48)
hours.
3.4 The contractor’s representative or service technician shall sign in and sign out at each job location
noting time of arrival and time of departure for each day he is at the work site. Owner will not be
responsible for payment of services while contractor or service representative takes meal breaks. Owner
must be notified if contractor or service representative needs to travel to store/warehouse to pick up
needed equipment. This will allow proper monitoring of travel time for needed emergency parts.
4.0 Response Time
4.1 Standard Service
The contractor must provide service twenty-four (24) hours a day, seven (7) days a week, 365 days a
year. The contractor shall respond to a request for maintenance or repair services within twenty-four
(24) hours to forty-eight (48) for non-emergency requests, excluding weekends and holidays.
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4.2 Emergency Service
The Department of Public Works or designees requesting service shall determine if the request is an
emergency request. Due to the urgency of emergency service, the contractor shall have the capability of
responding to a request for emergency services within two (2) hours. The two (2) hour response time
applies to Regular Time, Overtime, Saturdays, Sundays and Holidays.
5.0 Materials/Furnishing Parts/Equipment
5.1 Materials
5.1.1 The owner will only pay for materials that have been authorized and used to complete each work
order. The contractor shall furnish all parts and/or materials required unless the owner elects to furnish
them.
5.2 Furnishing Parts
5.2.1 The contractor shall provide repair parts to complete a project. Replacement parts will be based on
a percentage discount from the Manufactures Suggested Retail Prices (MSRP). All invoices submitted to
the owner for payment by the contractor that contain charges for approved parts must show the MSRP
and the discounted price.
5.2.2 In performing all of the required services under this contract, the Contractor agrees to provide only
genuine parts that are recommended and/or approved by the manufacturer(s) of the equipment for
replacement or repair, and to use only those lubricants obtained from and/or recommended or approved
by the manufacturer(s) of the equipment. Equivalent parts or lubricants may be used if approved by the
owner in advance. The contractor shall not permanently remove from the job site any parts or equipment
covered under this contract, unless first given written approval by the owner. This does not include
renewal parts stocked on the job by the contractor, if any, which shall remain the sole property of the
contractor.
5.2.3 The Contractor agrees that the supplies or services furnished under this contract shall be covered
by the most favorable commercial warranties the Contractor gives to any customer for such supplies or
services, and that the rights and remedies provided herein are in addition to and do not limit any rights
afforded to the owner by any other clause of this contract. Copies of such warranties shall be submitted
to the owner upon completion of work.
5.3 Equipment
5.3.1 The contractor shall provide all tools, machinery, apparatus, and equipment customarily required
to accomplish all work required by the owner. The cost of all such tools, machinery, apparatus and
equipment shall be included in the hourly base bid for labor. No separate payment shall be made, except
for such equipment not customarily required for the services to be provided. Examples include rental of
bucket trucks, backhoes, and similar large specialized equipment.
5.3.2 Billing for specialized equipment shall be in accordance with prevailing rental rates, in increments
of half days, for the time actually spent on the project. In the event of billing disputes, NJDOT force
account provisions shall govern. The contractor’s mark-up on equipment rental costs shall not exceed
ten percent (10%).
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6.0 Contract Term
6.1 The effective period of this contract shall be for two (2) years. If, during the effective period of this
agreement, the Contractor violates any of the provisions of this contract or fails to properly provide
services required by this contract as judged by the owner in its sole discretion, the owner may terminate
the contract. (See also Termination Clauses.)
7.0 Contract Price and Payment Procedures
7.1 Payment shall be made in accordance with the rate bid on the proposal sheet. The hourly rate bid
should include all costs of labor, overhead and transportation. The hours for which payment shall be
made will be for the time on the job site only. There will be no allowance for travel time, mileage or
meal breaks.
7.2 The contractor shall record all service on a Service Order Report (invoice) that shall include the
nature of the request for service, the evaluation of the problem, a description of the work performed, a
listing of materials used, and the time arrived on site and the time departed.
7.3 The Service Order Report shall be signed by the Department of Public Works or designees, and a
copy provided to the owner. All invoices shall include a copy of the signed Service Order Report.
7.4 Invoices shall be submitted to Department of Public Works, 1200 Mountain Avenue, Middlesex, NJ
08846. The invoices shall be forwarded to the appropriate departments for processing. Billings for labor
shall be in half-hour increments.
7.5 The owner must receive such report (invoice) within two weeks of job completion.
8.0 Special Conditions
8.1 Neither this contract nor any interest therein nor claim thereunder shall be assigned or transferred by
the Contractor except as expressly authorized in writing by the owner. The Contractor shall make no
contract with any other party for furnishing any of the work or services herein without the written
approval of the owner.
8.2 The Contractor may choose to enter into a Hold Harmless Agreement (Exhibit B) with the owner
which, upon execution by the owner, will permit the Contractor to utilize Department of Public Works-
owned ladders, scissor lift, and various other equipment, when available, on an occasional, emergency
basis.
8.3 The Contractor may be required under this agreement to install new attachments as may be
recommended or directed by insurance companies, federal, state, municipal, or other governmental
authorities, subsequent to the date of this contract, and will be compensated for such installation at
prevailing contract rates.
8.4 All Prevailing Wage jobs require the submission of monthly certified payrolls to the owner.
9.0 Owners’ Right to Inspect and Required Work
9.1 The owner reserves the right to make such inspections and tests as may be necessary to
ascertain that the requirements of this agreement are being fulfilled. Deficiencies noted shall be
corrected by the Contractor within 24 hours.
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10.0 Overtime and Holidays
10.1 It is the policy of the owner to avoid scheduling any work that exceeds eight (8) hours a day and to
avoid scheduling any work on Saturdays, Sundays, and holidays. Therefore, the lowest responsive,
responsible contractor shall be determined by the hourly billing rate bid exclusive of contractor’s the
overtime rate.
10.2 In the event that the owner asks the Contractor to work after hours, the allowance of a
time and a half rate charge and/or double time rate charge will be in accordance with the
following schedule:
1 ½ times the hourly rate bid for:
-
All hours in excess of eight (8) per day, Monday through Friday and all hours on Sat.
2 times the hourly rate bid for:
-
All hours on Sundays and Holidays.
10.3 The owner shall not pay for overtime work except in the case of an emergency service call,
and where authorized by the owner’s Department of Public Works or designees.
11.0 SPECIFIC CONDITIONS
The purpose of this bid is to engage a competent firm having the required manpower, equipment,
abilities and certifications to test and service any of the Borough facilities electrical systems including,
but not limited to:
11.1.1 Light structures
11.1.2 Electrical outlets.
11.1.3 Electrical appliances.
11.1.4 Underground electrical wiring.
11.1.5 Trouble shoot electrical problems at Borough owned properties/facilities.
Not included in this service contract are:
Irrigation systems
Wells and appurtenances
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BOROUGH OF MIDDLESEX
EXCEPTIONS
For each exception, the bidder must identify the specific section of specifications by providing the number and
title the exception applies to. It is the responsibility of the bidder to document the equivalence claim in writing.
Submitting product brochures is not an acceptable claim of equivalence.
(IF NONE SO STATE)
USE ADDITIONAL SHEET IF NECESSARY
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BOROUGH OF MIDDLESEX
BID DOCUMENT CHECKLIST
Required
With
Bid
Read, Signed
& Submitted
Bidder’s Initial
A.
FAILURE TO SUBMIT ANY OF THESE ITEMS IS MANDATORY CAUSE FOR
REJECTION OF BID
Stockholder Disclosure Certification
Acknowledgement of Receipt of Addenda (To be Completed if Addenda are Issued)
Required Evidence EEO/Affirmative Action Regulations Questionnaire
Non-Collusion Affidavit
Bid Guarantee (bid bond or certified/cashier’s check)
(with Power of Attorney for full amount of Bid Bond)
Consent of Surety (Certificate from Surety company)
Surety Disclosure Statement and Certification
Performance Bond
Labor and Material (Payment) Bond
Maintenance Bond
B.
MANDATORY ITEM(S), REQUIRED NO LATER THAN TIME PERIOD INDICATED
Business Registration Certificate – Bidder – Prefer with Bid Response. Required by Law
prior to award of contract
Business Registration Certificate – Designated Subcontractor(s) – Prefer with Bid Response.
Required by Law prior to award of contract
Public Works Contractor Registration Certificate(s) for the Bidder and Designated
Subcontractors (Prior to Award, but effective at time of bid)
Disclosure of Investment Activities in Iran- submit with bid response
License(s) or Certification(s) Required by the Specifications
C.
FAILURE TO SUBMIT ANY OF THESE ITEMS AT TIME OF BID MAY BE CAUSE FOR
REJECTION
Three (3) references for similar projects
Authorization for Background Check
Catalog/Price List
Product Samples
Certification of Available Equipment
Other: CD or USB flash drive with PDF of Bid Response along w/Printed Copies (ref page 1)
CD and/or USB flash drive must be labeled with the bidder’s name
Other:
D.
READ ONLY
Americans With Disability Act of 1990 Language
This checklist is provided for bidder’s use in assuring compliance with required documentation;
however, it does not include all specifications requirements and does not relieve the bidder of the
need to read and comply with the specifications.
Name of Bidder:
Date:
By Authorized Representative:
Signature:
Print Name & Title:
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BOROUGH OF MIDDLESEX
BID PROPOSAL FORM/SIGNATURE PAGE
TO THE BOROUGH OF MIDDLESEX:
The undersigned declares that he/she has read the Notice, Instructions, Affidavits and Scope of
Services attached, that he/she has determined the conditions affecting the bid and agrees, if this bid
is accepted, to furnish and deliver services per the following:
Type of Service
Year One
Hourly Rate
Year Two
Hourly Rate
Electrical
Services Regular
Time
$ __________
$ __________
Overtime (As
Specified in
Section 10)
$ __________
$ __________
Repair Part %
discount off
MSRP
________ %
________ %
(Corporation)
The undersigned is a (Partnership) under the laws of the State of __________________________ having its
(Individual)
Principal office at
Company
Federal I.D. # or Social Security #
Address
Signature of Authorized Agent
Type or Print Name
Title of Authorized Agent
Date
Telephone Number
Email Address
Fax Number
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BOROUGH OF MIDDLESEX
OWNERSHIP STATEMENT - STOCKHOLDER DISCLOSURE FORM
LEGAL NAME OF BIDDER: ___________________________________________________________
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
Other, Please List __________________________________
List the names and addresses of all stockholders who own ten (10%) percent or more of the above company’s stock, and if
there are NO STOCKHOLDERS OF 10% OR MORE, simply check the second box below. If one or more such
stockholders or partner is itself a corporation or partnership, the stockholders holding 10% or more of that corporation's stock,
or the individual partners owning 10% of that corporation's stock, or the individual partners owning 10% or greater interest
in that partnership, as the case may be, must also be listed.
The disclosure shall be continued until names and addresses of every person who is a non-corporate stockholder,
or individual partner, exceeding the 10% ownership criteria established in this act, has been listed, in full
compliance with Chapter 33 of the New Jersey Public Laws of 1977.
BIDDERS/RESPONDENTS MUST CHECK THE APPROPRIATE BOX:
I certify that the list below contains the names and addresses of all stockholders holding 10% or more of the issued
and outstanding stock of the undersigned.
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned.
Publicly Traded - For publicly traded entities to comply with N.J.S.A. 52:25-24.2 they may submit the name and address of
each publicly traded entity, and the name and address of each person holding 10% or more beneficial interest in the publicly
traded entity as of the last annual filling with the Security Exchange Commission (SEC), or foreign equivalent
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing, or foreign equivalent:
____________________________________________________________________________________________
The requested information is available on the following page number(s) of the SEC, or foreign equivalent, filing:
____________________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
(Note: Attach additional pages if necessary)
________________________________________________________________
______________
(Respondent/Respondent Authorized Signature)
(Date)
___________________________________________
______________________________________
(Print name of authorized signatory)
(Title)
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BOROUGH OF MIDDLESEX
NON-COLLUSION AFFIDAVIT
State of _____________
County of _____________
ss:
I, _____________________________ of the City of _______________________________
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 bidder making this Proposal for the above named project, and that I executed the said proposal
with full authority so to do; that said bidder has not, directly or indirectly entered into any agreement,
participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding
in connection with the above named project; and that all statements contained in said proposal and
in this affidavit are true and correct, and made with full knowledge that the Borough of Middlesex
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_________________________________.
(Name of Contractor)
(N.J.S.A. 52:34-15)
Subscribed and sworn to
Before me this _______day
Of ___________, _______.
Signature
(Type or print name of affiant under signature)
_______________________________________
Notary public of
My Commission expires ___________________.
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EXHIBIT A
EEO/AFFIRMATIVE ACTION COMPLIANCE NOTICE
N.J.S.A. 10:5-31 and N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders shall submit evidence of appropriate affirmative action compliance to the
Borough and Division of Public Contracts Equal Employment Opportunity Compliance. During a
review, Division representatives will review the Borough files to determine whether the affirmative
action evidence has been submitted by the vendor/contractor. Specifically, each vendor/contractor
shall submit to the Borough, prior to execution of the contract, one of the following documents:
Goods and General Service Vendors
1. Letter of Federal Approval indicating that the vendor is under an existing federally approved or
sanctioned affirmative action program. A copy of the approval letter is to be provided by the
vendor to the Borough and the Division. This approval letter is valid for one year from the date
of issuance.
Do you have a federally-approved or sanctioned EEO/AA program?
Yes
No
If yes, please submit a photo static copy of such approval.
2. A Certificate of Employee Information Report (hereafter “Certificate”), issued in accordance with
N.J.A.C. 17:27-1.1 et seq. The vendor must provide a copy of the Certificate to the Borough as
evidence of its compliance with the regulations. The Certificate represents the review and
approval of the vendor’s Employee Information Report, Form AA-302 by the Division. The period
of validity of the Certificate is indicated on its face. Certificates must be renewed prior to their
expiration date in order to remain valid.
Do you have a State Certificate of Employee Information Report Approval?
Yes
No
If yes, please submit a photo static copy of such approval.
3. The successful vendor shall complete an Initial Employee Report, Form AA-302 and submit it to
the Division with $150.00 Fee and forward a copy of the Form to the Borough. Upon submission
and review by the Division, this report shall constitute evidence of compliance with the
regulations. Prior to execution of the contract, the EEO/AA evidence must be submitted.
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on
the Division website www.state.nj.us/treasury/contract_compliance.
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal
Employment Opportunity Compliance, with a copy to Public Agency.
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 and N.J.A.C. 17:27 and agrees to furnish the required forms of
evidence.
The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27.
COMPANY: ______________________________ SIGNATURE: ____________________________
PRINT NAME:___________________________ TITLE: __________________________________
DATE: __________________
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EXHIBIT A
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127) and N.J.A.C. 17:27 et seq.
GOODS, GENGERAL SERVICES, AND PROFESSIONAL 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 Borough employment goals established
in accordance with N.J.A.C. l7:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited
to, employment agencies, placement bureaus, colleges, universities, 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 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 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 www.state.nj.us/treasury/contract_compliance).
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. 17:27-1.1 et seq.
Initials _____
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SAMPLE CERTIFICATE OF EMPLOYEE INFORMATION REPORT
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EXHIBIT B
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
N.J.S.A. 10:5-31 et seq. (P.L.1975, c.127)
N.J.A.C. 17:27-1.1 et seq.
CONSTRUCTION CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for
employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual
orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or
sexual orientation and gender identity or expression, the contractor will 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 con-tractor 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 bar-gaining
agreement, a notice, to be provided by the agency contracting officer, advising the labor union or workers'
representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the
Treasurer, pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the
Americans with Disabilities Act.
When hiring or scheduling workers in each construction trade, the contractor or subcontractor agrees to make
good faith efforts to employ minority and women workers in each construction trade consistent with the targeted
employment goal prescribed by N.J.A.C. l7:27-7.2; provided, however, that the Dept. of LWD, Construction EEO
Monitoring Program, may, in its discretion, exempt a contractor or subcontractor from compliance with the good
faith procedures pre-scribed by the following provisions, A, B, and C, as long as the Dept. of LWD, Construction
EEO Monitoring Program is satisfied that the contractor or subcontractor is employing workers provided by a
union which provides evidence, in accordance with standards prescribed by the Dept. of LWD, Construction EEO
Monitoring Program, that its percentage of active “card carrying” members who are minority and women workers
is equal to or greater than the targeted employment goal established in accordance with N.J.A.C. 17:27-7.2.
The contractor or subcontractor agrees that a good faith effort shall include compliance with the following
procedures:
(A)
If the contractor or subcontractor has a referral agreement or arrangement with a union for a
construction trade, the contractor or subcontractor shall, within three business days of the contract award, seek
assurances from the union that it will cooperate with the contractor or sub-contractor as it fulfills its affirmative
action obligations under this contract and in accordance with the rules promulgated by the Treasurer pursuant
to N.J.S.A. 10:5-31 et. seq., as supplemented and amended from time to time and the Americans with
Disabilities Act. If the contractor or subcontractor is unable to obtain said assurances from the construction
trade union at least five business days prior to the commencement of construction work, the contractor or sub-
contractor agrees to afford equal employment opportunities minority and women workers directly, consistent
with this chapter. If the contractor's or subcontractor's prior experience with a construction trade union,
regardless of whether the union has provided said assurances, indicates a significant possibility that the trade
union will not refer sufficient minority and women workers consistent with affording equal employment
opportunities as specified in this chapter, the contractor or subcontractor agrees to be prepared to provide such
opportunities to minority and women workers directly, consistent with this chapter, by complying with the hiring
or scheduling procedures prescribed under (B) below; and the contractor or subcontractor further agrees to take
said action immediately if it determines that the union is not referring minority and women workers consistent
with the equal employment opportunity goals set forth in this chapter.
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Exhibit B (con’t)
(B)
If good faith efforts to meet targeted employment goals have not or cannot be met for each construction
trade by adhering to the procedures of (A) above, or if the contractor does not have a referral agreement or
arrangement with a union for a construction trade, the contractor or subcontractor agrees to take the following
actions:
(l) To notify the public agency compliance officer, the Dept. of LWD, Construction EEO Monitoring Program, and
minority and women referral organizations listed by the Division pursuant to N.J.A.C. 17:27-5.3, of its workforce
needs, and request referral of minority and women workers;
(2) To notify any minority and women workers who have been listed with it as awaiting available vacancies;
(3) Prior to commencement of work, to request that the local construction trade union refer minority and women
workers to fill job openings, provided the contractor or subcontractor has a referral agreement or arrangement
with a union for the construction trade;
(4) To leave standing requests for additional referral to minority and women workers with the local construction
trade union, provided the contractor or subcontractor has a referral agreement or arrangement with a union for
the construction trade, the State Training and Employment Service and other approved referral sources in the
area;
(5) If it is necessary to lay off some of the workers in a given trade on the construction site, layoffs shall be
conducted in compliance with the equal employment opportunity and non-discrimination standards set forth in
this regulation, as well as with applicable Federal and State court decisions;
(6) To adhere to the following procedure when minority and women workers apply or are referred to the
contractor or subcontractor:
(i)
The contactor or subcontractor shall interview the referred minority or women worker.
(ii) If said individuals have never previously received any document or certification signifying a level of
qualification lower than that required in order to perform the work of the construction trade, the
contractor or subcontractor shall in good faith determine the qualifications of such individuals. The
contractor or subcontractor shall hire or schedule those individuals who satisfy appropriate qualification
standards in conformity with the equal employment opportunity and non-discrimination principles set
forth in this chapter. However, a contractor or subcontractor shall determine that the individual at least
possesses the requisite skills, and experience recognized by a union, apprentice program or a referral
agency, provided the referral agency is acceptable to the Dept. of LWD, Construction EEO Monitoring
Program. If necessary, the con-tractor or subcontractor shall hire or schedule minority and women
workers who qualify as trainees pursuant to these rules. All of the requirements, however, are limited
by the provisions of (C) below.
(iii) The name of any interested women or minority individual shall be maintained on a waiting list, and shall
be considered for employment as described in (i) above, whenever vacancies occur. At the request of
the Dept. of LWD, Construction EEO Monitoring Program, the contractor or subcontractor shall provide
evidence of its good faith efforts to employ women and minorities from the list to fill vacancies.
(iv) If, for any reason, said contractor or subcontractor determines that a minority individual or a woman is
not qualified or if the individual qualifies as an advanced trainee or apprentice, the contractor or
subcontractor shall inform the individual in writing of the reasons for the determination, maintain a copy
of the determination in its files, and send a copy to the public agency compliance officer and to the Dept.
of LWD, Construction EEO Monitoring Program.
(7) To keep a complete and accurate record of all requests made for the referral of workers in any trade covered
by the contract, on forms made available by the Dept. of LWD, Construction EEO Monitoring Program and
submitted promptly to the Dept. of LWD, Construction EEO Monitoring Program upon request.
(C)
The contractor or subcontractor agrees that nothing contained in (B) above shall preclude the contractor
or subcontractor from complying with the union hiring hall or apprentice-ship policies in any applicable collective
bargaining agreement or union hiring hall arrangement, and, where required by custom or agreement, it shall
send journeymen and trainees to the union for referral, or to the apprenticeship program for admission, pursuant
to such agreement or arrangement. However, where the practices of a union or apprenticeship program will
result in the exclusion of minorities and women or the failure to refer minorities and women consistent with the
targeted county employment goal, the contractor or subcontractor shall consider for employment persons
referred pursuant to (B) above without regard to such agreement or arrangement; provided further, however,
that the contractor or subcontractor shall not be required to employ
Exhibit B (con’t)
REV 09/2019
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women and minority advanced trainees and trainees in numbers which result in the employment of advanced
trainees and trainees as a percentage of the total workforce for the construction trade, which percentage
significantly exceeds the apprentice to journey worker ratio specified in the applicable collective bargaining
agreement, or in the absence of a collective bargaining agreement, exceeds the ratio established by practice in
the area for said construction trade. Also, the contractor or subcontractor agrees that, in implementing the
procedures of (B) above, it shall, where applicable, employ minority and women workers residing within the
geographical jurisdiction of the union.
After notification of award, but prior to signing a construction contract, the contractor shall submit to the public
agency compliance officer and the Dept. of LWD, Construction EEO Monitoring Program an initial project
workforce report (Form AA-201) electronically provided to the public agency by the Dept. of LWD, Construction
EEO Monitoring Program, through its web-site, for distribution to and completion by the contractor, in
accordance with N.J.A.C. 17:27-7. The contractor also agrees to submit a copy of the Monthly Project Workforce
Report once a month thereafter for the duration of this contract to the Dept. of LWD, Construction EEO
Monitoring Program, and to the public agency compliance officer.
The contractor agrees to cooperate with the public agency in the payment of budgeted funds, as is necessary,
for on-the-job and/or off-the job programs for outreach and training of minorities and women.
(D)
The contractor and its subcontractors shall furnish such reports or other documents to the Dept. of LWD,
Construction EEO Monitoring Program as may be requested by the Dept. of LWD, Construction EEO Monitoring
Program from time to time in order to carry out the purposes of these regulations, and public agencies shall
furnish such information as may be re-quested by the Dept. of LWD, Construction EEO Monitoring Program for
conducting a compliance investigation pursuant to N.J.A.C. 17:27-1.1 et seq.
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. (P.L.1975, c.127) N.J.A.C. 17:27-1.1 et seq. and agrees to furnish the required forms
of evidence.
The undersigned vendor further understands that his/her bid 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. 17:27-1.1 et seq.
COMPANY:______________________________ SIGNATURE: ____________________________
PRINT NAME:___________________________ TITLE: __________________________________
DATE: __________________
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BOROUGH OF MIDDLESEX
AMERICANS WITH DISABILITIES ACT OF 1990
Equal Opportunity for Individuals with Disability
The Contractor and the Owner, do hereby agree that the provisions of Title 11 of the Americans With
Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 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 owner 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 owner in any action or administrative proceeding commenced pursuant to this Act. The contractor
shall indemnify, protect, and save harmless the 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 owner’s grievance procedure, the contractor agrees
to abide by any decision of the owner which is rendered pursuant to said grievance procedure. If any
action or administrative proceeding results in an award of damages against the owner, or if the 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 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 owner or any of its agents, servants, and
employees, the owner shall expeditiously forward or have forwarded to the contractor every demand,
complaint, notice, summons, pleading, or other process received by the owner or its representatives.
It is expressly agreed and understood that any approval by the 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 owner pursuant to this
paragraph.
It is further agreed and understood that the 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 owner from taking any other actions available to it
under any other provisions of the Agreement or otherwise at law.
COMPANY:______________________________ SIGNATURE: ____________________________
PRINT NAME:___________________________ TITLE: __________________________________
DATE: __________________
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BOROUGH OF MIDDLESEX
THESE ARE SAMPLES OF THE ONLY ACCEPTABLE
BUSINESS REGISTRATION CERTIFICATES
PREFER SUBMITTED WITH BID RESPONSE
REQUIRED BY LAW PRIOR TO AWARD OF CONTRACT
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BOROUGH OF MIDDLESEX
DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
BID/RFP/Solicitation Number:
Bidder/Offeror:
Part 1: Certification
BIDDERS ARE TO COMPLETE PART 1 BY CHECKING EITHER BOX
Pursuant to Public Law 2012, c. 25, any person or entity that submits a bid or proposal or otherwise proposes to enter into or
renew a contract must complete the certification below to attest, under penalty of perjury, that neither the person or entity,
nor any of its parents, subsidiaries, or affiliates, is identified on the Department of the Treasury’s Chapter 25 list as a person
or entity engaging in investment activities in Iran. The Chapter 25 list is found on the Division’s website at
http://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf. Bidders must review this list prior to completing the below
certification. Failure to complete the certification may render a bidder’s proposal non-responsive. If the Director finds a
person or entity to be in violation of the law, s/he shall take action as may be appropriate and provided by law, rule or
contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in
default and seeking debarment or suspension of the party.
PLEASE CHECK THE APPROPRIATE BOX:
I certify, pursuant to Public Law 2012, c. 25, that neither the bidder listed above nor any of the bidder’s parents,
subsidiaries, or affiliates is listed on the N.J. Department of the Treasury’s list of entities determined to be engaged
in prohibited activities in Iran pursuant to P.L. 2012, c. 25 (“Chapter 25 List”). I further certify that I am the person
listed above, or I am an officer or representative of the entity listed above and am authorized to make this certification
on its behalf. I will skip Part 2 and sign and complete the Certification below.
OR
I am unable to certify as above because the bidder and/or one or more of its parents, subsidiaries, or affiliates is
listed on the Department’s Chapter 25 List. I will provide a detailed, accurate and precise description of the activities
in Part 2 below, sign and complete the Certification below.
PART 2: PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN
You must provide a detailed, accurate and precise description of the activities of the bidding person/entity, or one of its
parents, subsidiaries or affiliates, engaging in the investment activities in Iran on additional sheets provided by you.
Certification: I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any
attachments thereto to the best of my knowledge are true and complete. I attest that I am authorized to execute this
certification on behalf of the above-referenced person or entity. I acknowledge that Borough of Middlesex is relying on the
information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this
certification through the completion of any contracts with the Borough to notify the Borough in writing of any changes to the
answers of information contained herein. I acknowledge that I am aware that it is a criminal offense to make a false statement
or misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal prosecution under the law
and that it will also constitute a material breach of my agreement(s) with the Borough of Middlesex, New Jersey and that the
Borough at its option may declare any contract(s) resulting from this certification void and unenforceable.
Full Name (Print)___________________________________ Signature: _______________________________________
Title _____________________________________________ Date:____________________
REV 09/2019
36
BOROUGH OF MIDDLESEX
ACKNOWLEDGMENT OF RECEIPT OF ADDENDA
The undersigned Bidder hereby acknowledges receipt of the following Addenda:
ADDENDUM
NUMBER
DATE
ACKNOWLEDGE RECEIPT
(Initial)
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
No Addenda were received:
Acknowledged for:
(Name of Bidder)
By:
(Signature of Authorized Representative)
Name:
(Print or Type)
Title:
Date:
--- Document: RFP: Legal Counsel - Municipal Prosecutor ---
REV 12/2018
1
PUBLIC NOTICE UNDER A FAIR AND OPEN PROCESS FOR THE SOLICITATION OF
QUALIFICATIONS AND RATES FOR LEGAL COUNSEL - MUNICIPAL PROSECUTOR
FOR APPOINTMENT MARCH 16, 2020 THROUGH DECEMBER 31, 2020
AND SPECIAL PROJECTS ON A PROJECT BY PROJECT BASIS
NOTICE IS HEREBY GIVEN that sealed submissions will be received by the Purchasing
Agent or designated representative, for Middlesex Borough, on March 3, 2020 at 11:00am prevailing
time, in the Municipal Building, 1200 Mountain Avenue, Middlesex, New Jersey 08846, then publicly
opened for the following positions:
LEGAL COUNSEL – MUNICIPAL PROSECUTOR
All professional service contractors are required to comply with 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). The submission
package is printable from the website www.middlesexboro-nj.gov or may be obtained at the Clerk’s
Office, Municipal Building,1200 Mountain Avenue, Middlesex, New Jersey 08846 during regular
business hours (8:30 a.m. – 4:00 p.m.)
The Borough reserves the right to reject any or all submissions due to any defects or waive informalities
and accept any submissions that in their judgment will be in the best interest of the Borough. Questions
concerning this notice may be directed to Marcia Karrow, Borough Administrator at (732) 356-7400
ext.264.
Dated Advertised: February 14, 2020
Borough of Middlesex
1200 Mountain Avenue
Middlesex, New Jersey 08846
Carmen Modica
Purchasing Agent
PHONE: (732) 356-7400 ext. 237
FAX: (732) 356-7954
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2
BOROUGH OF MIDDLESEX
GENERAL INSTRUCTIONS
1. Introduction
The Borough of Middlesex, Middlesex County, State of New Jersey (hereinafter called the “OWNER”)
invites submissions for the service(s) mentioned in the Public Notice for Professional Services
Qualifications and Rates for 2020.
This contract is to furnish and deliver Legal Counsel – Municipal Prosecutor services for the Borough of
Middlesex through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et. seq.
2. Administrative Conditions and Requirements
The following items express the conditions and requirements of this Request for Proposal (RFP).
Together with the other RFP sections, they apply to the RFP process, the subsequent contract, and
project production. Any proposed change, modification, or exception to these conditions and
requirements may be the basis for the owner to determine the proposal as non-responsive to the RFP and
will be a factor in the determination of an award of a contract. The contents of the proposal of the
successful respondent, as accepted by the owner, will become part of any contract awarded as a result of
this RFP.
2.1 Proposal Submission Information
Submission Date and Time:
March 3, 2020 11:00 a.m.
One (1) Original signed in ink & one (1) copy of the RFP response.
Submission Office:
Clerk’s Office
1200 Mountain Avenue
Middlesex, NJ 08846
Each submission must be provided on a Standardized Submission Form as supplied in the submission
package and signed by the professional services entity or principal thereof. All prices and amounts must
be written in ink or preferably typewritten. Each signatory to the submission must initial all erasures or
corrections.
Each submission shall be contained in a sealed envelope addressed to: Purchasing Agent, Borough of
Middlesex, 1200 Mountain Ave., Middlesex, NJ 08846, and said envelope shall specify the
appointment Title/Professional Service for which the submission is provided. THE SUBMISSION
IS TO BE CLEARLY MARKED (INDICATING THE CATEGORY OF THE PROFESSIONAL
SERVICE) – “SEALED SUBMISSION ENCLOSED” (E.G. BOROUGH AUDITOR – SEALED
SUBMISSION ENCLOSED) and must be delivered at the place and time required or mailed so as to be
received prior to the opening time set in the advertisement. Submissions received after the hour herein
named or in unsealed envelope shall not be considered. The original proposal shall be signed in ink and
marked to distinguish it from the one (1) copy. Faxed or emailed proposals will NOT be accepted.
The 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.
Responses delivered before the submission date and time specified above may be withdrawn upon
written application of the respondent who shall be required to produce evidence showing that the
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individual is or represents the principal or principals involved in the proposal. After the submission date
and time specified above, responses must remain firm for a period of sixty (60) days.
The submission shall be accompanied by: (1) Non-Collusion Affidavit, (2) Disclosure of Ownership
Form, (3) Insurance Requirement Acknowledgement Form, (4) Mandatory Equal Employment
Opportunity Notice Acknowledgement, (5) Copy of the applicable Business Registration Certificate, (6)
Professional Services Entity Information Form, (7) Qualifications Submission, (8) List of Contribution,
(9) Disclosure of Investment Activities in Iran and (10) Acknowledgement of Corrections, Additions or
Deletions Form.
2.2 Borough Representative for this Solicitation
Please direct all questions in writing to:
Marcia Karrow, Borough Administrator
mkarrow@middlesexboro-nj.gov
Questions by prospective respondents concerning this RFP may be addressed to Marcia Karrow,
Borough Administrator, in writing via email mkarrow@middlesexboro-nj.gov. Please note the
aforementioned contact is authorized only to direct the attention of prospective respondents to various
portions of the requirements so that they may read and interpret each portion for themselves. NO
employee of the Borough of Middlesex is authorized to give interpretations of any portion of this RFP or
to give information as to the requirements for the RFP in addition to that already contained in the RFP
unless as a formal addenda.
Interpretations of the RFP or additional information as to its requirements, when necessary, shall be
communicated to prospective respondents only by written addendum issued by the Purchasing Agent of
the Borough of Middlesex.
Please identify the contract name, and note Request for Information as the subject line when submitting
a request by fax or email.
2.3 Interpretations and Addenda
Respondents are expected to examine the RFP with care and observe all its requirements. All questions
about the meaning or intent of this RFP, all interpretations and clarifications considered necessary by the
owner’s representative in response to such comments and questions will be issued by Addenda, found on
owner’s website or delivered via email to all parties recorded as having received the RFP package. Only
comments and questions responded to by formal written Addenda will be binding. Oral interpretations,
statements or clarifications are without legal effect.
2.4 Quantities of Estimate
Wherever the estimated quantities of work to be done are shown in any section of this RFP, including
the Proposal Cost Form, they are given for use in comparing proposals. The owner especially reserves
the right (except as herein otherwise specifically limited) to increase or diminish the quantities as may
be deemed reasonably necessary or desirable by the owner to complete the work detailed by the
contract. Such increase or diminution shall in no way violate this contract, nor shall any such increase or
diminution give cause for claims or liability for damages.
2.5 Cost Liability and Additional Costs
The owner assumes no responsibility and liability for costs incurred by the respondents prior to the
issuance of an agreement. The liability of the owner shall be limited to the terms and conditions of the
contract. Respondents will assume responsibility for all costs not stated in their proposals. All unit rates
either stated in the proposal or used as a basis for its pricing are required to be all-inclusive. Additional
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charges, unless incurred for additional work performed by request of the owner as noted in 2.4, are not
to be billed and will not be paid.
2.6 Statutory and Other Requirements
2.6.1 Compliance with Laws
Any contract entered into between the contractor and the owner must be in accordance with and subject
to compliance by both parties with the New Jersey Local Public Contracts Law. The contractor must
agree to comply with the non-discrimination provisions and all other laws and regulations applicable to
the performance of services there under. The respondent shall sign and acknowledge such forms and
certificates as may be required by this section.
2.6.2 Mandatory EEO/Affirmative Action Compliance - N.J.S.A 10:5-31 et seq. and N.J.A.C 17:27
et seq.
No firm shall be issued a contract unless it complies with the EEO/Affirmative Action requirements of
P. L. 1975, C. 127 as identified in the documents attached hereto. The form shall be properly executed.
2.6.3 Americans with Disabilities Act of 1990 - 42 U.S.C. S121 01 et seq.
Discrimination on the basis of disability in contracting for the delivery of services is prohibited.
Respondents are required to read American with Disabilities language that is part of the documents
attached hereto and agree that the provisions of Title II of the Act are made part of the contract. The
contractor is obligated to comply with the Act and hold the owner harmless.
2.6.4 Statement of Corporate Ownership-Stockholder Disclosure - N.J.S.A. 52:25-24.2 (P.L. 1977
c.33)
In accordance with N.J.S.A. 52:25-24.2, no corporation, partnership, limited partnership, limited liability
corporation, limited liability partnership, Subchapter S corporation or sole proprietorship, shall be
awarded a contract, unless prior to the receipt of the RFP response/bid or accompanying the RFP
response/bid of the corporation, partnership, limited partnership, limited liability corporation, limited
liability partnership, Subchapter S corporation or sole proprietorship, there is submitted to the Borough a
statement setting forth the names and addresses of all stockholders who own 10% or more of the stock,
of any class or of all individual partners who own a 10% or greater interest in the corporation,
partnership, limited partnership, limited liability corporation, limited liability partnership, Subchapter S
corporation or sole proprietorship. If one or more such stockholder or partner is itself a corporation or
partnership, the stockholders holding 10% or more of that corporation’s stock, or the individual partners
owning 10% or greater interest in that partnership, as the case may be, shall also be listed. The
disclosure shall be continued until names and addresses of every non-corporate stockholder and
individual partner, exceeding the 10% ownership criteria established in this act has been listed. The form
shall be signed and submitted with the RFP proposal/bid whether or not a stockholder or partner owns
less than 10% of the business submitting the RFP proposal/bid. Failure to comply requires mandatory
rejection of the RFP proposal/bid. The Respondent shall complete and submit the form of statement that
is included in this RFP.
2.6.5 Non-Collusion Affidavit - N.J.S.A. 52:34-15
The Non-Collusion Affidavit, which is part of this RFP, shall be properly executed and submitted with
the RFP response.
2.6.6 Proof of N.J. Business Registration Certificate N.J.S.A. 52:32-44
Each bidder (contractor) is required to submit proof of business registration prior to award of the
contract. Proof of registration shall be a copy of the bidder’s Business Registration Certificate (BRC).
REV 12/2018
5
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 obtain and provide the owner the BRC of subcontractors knowingly
used on this contract.
2. The contractor shall maintain and submit to the contracting agency a list of
subcontractor’s and their addresses that may be updated from time to time during the
course of the contract performance. A complete and accurate list shall be submitted
before final payment is made for goods and services rendered under the contract.
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 taxable sales of tangible personal
property delivered into the State.
Failure to submit the BRC with the proposal is NOT a cause for rejection. However, the Borough
prefers the BRC be submitted with the proposal. If it is not provided prior to execution of a contract the
bidder’s bid guarantee shall be forfeited and the contract shall be awarded to the next lowest responsible
bidder.
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 $25.00 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.
A BRC is obtained from the New Jersey Division of Revenue and Enterprise Services. Information on
obtaining a BRC is available on the internet at www.nj.gov/treasury/revenue/busregcert.shtml or by
phone at (609) 292-2929.
Emergency Purchases or Contracts
For purchases of an emergent nature, the contractor shall provide its Business Registration Certificate
within two weeks from the date of purchase or execution of the contract or prior to payment for goods or
services, whichever is earlier.
2.6.7 Pay to Play – Notice of Disclosure Requirement
Business entities are advised of their responsibility to file an annual disclosure statement of political
contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A.
19:44A-20.27 if they receive contracts in excess of $50,000 from public entities in a calendar year.
Business entities are responsible for determining if filing is necessary. Additional information on this
requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.
2.6.8 Assign, Sublet or Transfer Any Rights/Interests
Neither the owner nor the Contractor shall assign, sublet, or transfer any rights or interest in this
Agreement without the prior written consent of the other party. Unless specifically stated to the contrary,
in writing, prior to an assignment, no assignment will release or discharge the assignor from any duty or
responsibility under this Agreement. Nothing herein shall be construed to give any rights or benefits to
anyone other than the owner and the Contractor.
REV 12/2018
6
2.6.9 Insurance and Indemnification
If it becomes necessary for the contractor, either as principal or by agent or employee, to enter upon the
premises or property of the owner in order to construct, erect, inspect, make delivery or remove property
hereunder, the contractor hereby covenants and agrees to take use, provide and make all proper,
necessary and sufficient precautions, safeguards, and protection against the occurrence of happenings of
any accident, injuries, damages, or hurt to person or property during the course of the work herein
covered and be his/her sole responsibility.
The contractor shall maintain sufficient insurance to protect against all claims under Workers
Compensation, General Liability and Automobile and shall be subject to approval for adequacy of
protection and certificates of such insurance shall be provided.
Indemnification
The contractor agrees to indemnify and save harmless the owner, its officers, agents and employees,
hereinafter referred to as indemnitees, from all suits, including attorney’s fees and costs of litigation,
actions, loss damage, expense, cost of claims, of any character or on account of any act, claim or amount
arising or recovered under Worker’s Compensation law, or arising out of failure of the Contractor or
those acting under Contractor to conform to any statutes, ordinances, regulations, law or court decree. It
is the intent of the parties to this contract that the indemnities shall, in all instances, except for loss or
damage resulting from the sole negligence of the indemnitee, be indemnified against all liability, loss or
damage of any nature whatsoever.
Insurance Requirements:
Worker’s Compensation and Employer’s Liability Insurance
This insurance shall be maintained in full force during the life of this contract by the contractor covering
all employees engaged in performance of this contract pursuant to N.J.S.A. 34:15-12(a) and N.J.A.C.
12:235-1.6. Minimum Employer’s Liability $1,000,000.00.
General Liability Insurance
This insurance shall have limits of not less than $3,000,000.00 any one person and $3,000,000.00 any
one accident for bodily injury and $3,000,000.00 aggregate for property damage, and shall be
maintained in force during the life of the contract.
Automobile Liability Insurance
This insurance covering contractor for claims arising from owned, hired and non-owned vehicles with
limits of not less than $3,000,000.00 any one person and $3,000,000.00 any one accident for bodily
injury and $3,000,000.00 each accident for property damage, shall be maintained in force during the life
of this contract by the contractor.
Professional Liability/Malpractice Insurance Policy (if applicable)
Coverage in the amount of $2,000,000.00/occurrence, $4,000,000.00 aggregate and assurance that each
such policy for each staff member remains full and in effect while providing services for owner.
The contractor shall provide the owner with a Certificate of Insurance naming the Borough of Middlesex
as additionally insured, evidencing the existence of required insurance prior to the commission of work.
Said insurance must include coverage for complete operations, contractual insurance and independent
contractor or subcontractor insurance, where and if applicable.
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7
Errors and Omissions Insurance
A.
The contractor shall purchase and maintain during the entire period of this contract, errors
and omissions insurance that shall protect the contractor and the Borough from any and all
claims that may arise out of or result from the contractor’s performance of this contract.
Specifically, the errors and omissions insurance shall have limits of not less than
$2,000,000.00 dollars per occurrence and $4,000,000.00 dollars in the aggregate.
B.
Certificates of the Required Insurance
Certificates as listed above shall be submitted along with the contract as evidence covering
Errors and Omissions insurance. Such coverage shall be with acceptable insurance
companies operating on an admitted basis in the State of New Jersey.
The contractor shall provide the Borough with a Certificate of Insurance naming the
Middlesex Borough, its employees, officers, and agents as additionally insured, and
evidencing the existence of required insurance prior to the commission of work.
Middlesex Borough will not accept Mutual Limitation of Liability terms.
2.6.10 Health Insurance Portability and Accountability Act of 1996 - HIPAA (If Applicable)
Both parties agree to comply with all requirements of the Federal Health Insurance Portability and
Accountability Act of 1996 (“HIPAA”) as maybe amended from time to time, and the corresponding
HIPAA regulations for the confidentiality and security of medical information.
The Contractor shall:
• Not use or disclose protected health information other than as permitted or required by law
• Use appropriate safeguards to protect the confidentiality of the information
• Report any use or disclosure not permitted
The contractor, by execution of the contract, shall thereby indemnify and hold the owner harmless from
any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the
failure of the contractor to comply with the requirements of the Health Insurance Portability and
Accountability Act (HIPAA) or any other statute or case law protecting the privacy of persons using its
services.
2.6.11 Proof of Licensure
Proof of licensure for providing Services in the State of New Jersey, for either the firm or the person
responsible for the work, shall be provided as required.
2.6.12 Disclosure of Investment Activities in Iran – P.L. 2012, c. 25
P.L. 2012, c.25 prohibits State and local public contracts with persons or entities engaging in certain
investment activities in energy or finance sectors of Iran.
2.7 Public Emergency
In the event of a Public Emergency declared at the Local, State or Federal Level, if the owner opts to
extend terms and conditions of this RFP, the contractor agrees to extend the terms and conditions of this
RFP, whether existing, expiring or expired no longer than six months, for goods and/or services for the
duration of the emergency. In the event the original contractor cannot meet this requirement, the owner
may solicit the goods and/or services from any bidder on this contract.
2.8 Multiple Proposals Not Accepted
More than one proposal from an individual, a firm or partnership, a corporation or association under the
same or different names shall not be considered.
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2.9 Failure to Enter Contract
Should the respondent, to whom the contract is awarded, fail to enter into a contract within ten (10)
days, Sundays and holidays excepted, the owner may then, at its option, accept the proposal of another
respondent.
2.10 Commencement of Work
The contractor agrees to commence work March 16, 2020.
2.11 Time of Completion
It is hereby understood and mutually agreed, by and between the respondent and the owner, that the date
on which the work shall be substantially complete as specified in the RFP is an essential condition of
this contract. It is further mutually understood and agreed that the work and contract time embraced in
this Contract shall commence on the date specified and that the resulting contract shall be completed in
sequence and time frames identified by the owner.
The respondent agrees that said services shall be processed regularly, diligently, and uninterruptedly at
such rate of progress as will insure full completion thereof within the time specified. It is expressly
understood and agreed, by and between the respondent and the owner, that the time of completion of the
services described herein is a reasonable time for the completion of it.
2.12 Termination of Contract
If, through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations under
the Contract or if the contractor violates any requirements of the Contract, the owner shall thereupon
have the right to terminate the Contract by giving written notice to the contractor of such termination at
least thirty (30) days prior to the proposed effective date of the termination. Such termination shall
relieve the owner of any obligation for the balances to the contractor of any sum or sums set forth in the
Contract.
The contractor agrees to indemnify and hold the owner 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 owner under this provision.
In case of default by the contractor, the owner may procure the articles or services from other sources
and hold the contractor responsible for any excess cost occasioned thereby.
2.13 Non-Allocation of Funding Termination
Each fiscal year payment obligation of the Owner is conditioned upon the availability of Owner funds
appropriated or allocated for the payment of such an obligation. If funds are not allocated and available
for the continuance of any services performed by the Contractor hereunder, whether in whole or in part,
the Owner at the end of any particular fiscal year may terminate such services. The Owner will notify
the Contractor in writing immediately of any services that will be affected by a shortage of appropriated
funds. This provision shall not be construed so as to permit the Owner to terminate this Agreement
during the term, or any service hereunder, merely in order to acquire identical services from a third party
contractor.
2.14 Force Majeure
Neither party shall be responsible for any resulting loss or obligation to fulfill duties as specified in any
of the terms or provisions of this Agreement if the fulfillment of any term or provision of this
Agreement is delayed or prevented by any revolutions, insurrections, riots, wars, acts of enemies,
national emergencies, strikes, floods, fires, acts of God, or by any cause not within the control of the
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party whose performance is interfered with which by the exercise of reasonable diligence such party is
unable to prevent. Additionally, if the fulfillment of any of the terms and provisions of this Agreement
is delayed or prevented by any court order, or action or injunction or other such agreement, this
Agreement shall become voidable by the Borough of Middlesex by notice to each party.
2.15 The owner and the Contractor each bind themselves and their successors, executors,
administrators, heirs and assigns and legal representatives of the other party respecting all covenants and
agreements and obligations of this contract.
2.16 The terms of this contract shall be construed and interpreted, and all respective rights and duties of
the parties shall be governed by the laws of the State of New Jersey.
2.17 Challenge of Specifications
Any respondent who wishes to challenge a specification shall file such challenge in writing with the
Purchasing Agent no less than three (3) business days prior to the opening of the RFP's.
Challenges filed after that time shall be considered void and having no impact on the owner or the award
of contract.
2.18 Payment
Invoices shall be submitted monthly and must specify, in detail, the period for which payment is
claimed, the services performed during the prescribed period, the amount claimed and correlation
between the services claimed, all backup documentation (mileage, time logs, receipts for expenses, etc.),
amount remaining in total balance, and the Proposal Cost Form.
The Borough of Middlesex will provide a sample Progress Report and Invoice for the Hired Consultant
to ensure compliance.
The owner may withhold all or partial payments on account of subsequently discovered evidence
including but not limited to the following:
1 Deliverables not complying with the project specification;
2 Claims filed or responsible evidence indicating probability of filing claims;
3 A reasonable doubt that the Contract can be completed for the balance then unpaid.
When the above grounds are removed, payment shall be made for amounts withheld because of them.
Invoices shall specify, in detail, the period for which payment is claimed, the services performed during
the prescribed period, the amount claimed and correlation between the services claimed and the Proposal
Cost Form.
2.19 Non-payment of Penalties and Interest on Overdue Bills
Public funds may be used to pay only for goods delivered or services rendered. The Borough of
Middlesex will not pay penalties and/or interest on overdue bills. No employee is authorized to sign a
letter of credit or any other document that represents a legal commitment on the part of the Borough to
pay additional fees.
2.20 Ownership of Material
The owner shall retain all of its rights and interest in any and all documents and property both hard copy
and digital furnished by the owner to the contractor for the purpose of assisting the contractor in the
performance of this contract. All such items shall be returned immediately to the owner at the expiration
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or termination of the contract or completion of any related services, pursuant thereto, whichever comes
first. None of the documents and/or property shall, without the written consent of the owner, be
disclosed to others or used by the contractor or permitted by the contractor to be used by their parties at
any time except in the performance of the resulting contract.
Ownership of all data, materials and documentation originated and prepared for the owner pursuant to
this contract shall belong exclusively to the owner. All data, reports, computerized information,
programs and materials related to this project shall be delivered to and become the property of the owner
upon completion of the project. The contractor shall not have the right to use, sell, or disclose the total of
the interim or final work products, or make available to third parties, without the prior written consent of
the owner.
Under state and federal statutes, certain government records are protected from public disclosure. The
Borough, the Contractor and any Subcontractors have a responsibility and an obligation to safeguard
from public access an employee's personal information with which it has been entrusted when disclosure
thereof would violate the employee's reasonable expectation of privacy. All payroll, personnel and
health insurance related files are confidential. Additionally the Contractor and any Subcontractors may
be privy to sensitive law enforcement information or investigations during their review which must
remain confidential. The Borough reserves the right to make any public disclosure under the law. Also
among government records deemed confidential are administrative or technical information regarding
computer hardware, software and networks that, if disclosed, would jeopardize computer security. The
Contractor and any Subcontractor(s) are prohibited from the sale or distribution of all supplied
information to any third party.
2.21 Source of Specifications/RFP Packages
Official Request for Proposal (RFP) packages for routine goods and services are available from the
Purchasing Agent at no cost to the prospective respondents. All addenda are posted on the owner’s
website (www.middlesexboro-nj.gov). It is the responsibility of the potential responder to check the
Borough website for all addenda’s issued. Potential respondents are cautioned that they are responding
at their own risk if a third party supplied the specifications that may or may not be complete. The
Borough is not responsible for third party supplied RFP documents.
2.22 Altering Official Document
Respondents shall not write in any margins or alter the official content of Borough’s RFP document.
2.23 RFP Preparation of Forms
RFPs must be signed in ink by the respondent; all quotations shall be made with a typewriter/computer
or pen and ink. Any quotation showing any erasure alteration must be initialed by the respondent in ink.
Unit prices and totals are to be inserted in spaces provided.
2.24 W-9
Successful bidder/respondent shall complete W-9 Form and submit to Finance prior to contract award.
The form is available at the following link: www.irs.gov/pub/irs-pdf/fw9.pdf
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3. Scope of Work (SOW)
The following is a description of the professional services needed, including where appropriate, a
description of tasks involved:
LEGAL COUNSEL – MUNICIPAL PROSECUTOR - The Borough requires legal services for the
position of prosecutor of the Middlesex Municipal Court. The minimum threshold criteria that will be
utilized for the evaluation of the responses shall be as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Experience as a municipal prosecutor for a municipality for a minimum of five (5) years; and
4) Knowledge of the Borough Municipal Court and its operations
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BOROUGH OF MIDDLESEX
EXCEPTIONS
For each exception, the bidder must identify the specific section of specifications by providing the number and
title the exception applies to. It is the responsibility of the bidder to document the equivalence claim in
writing. Submitting product brochures is not an acceptable claim of equivalence.
(IF NONE SO STATE)
USE ADDITIONAL SHEET IF NECESSARY
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4.
Proposal Requirements
4.1 Qualification Statement
A statement is to be provided by the respondent who will serve as the primary contractor. The statement
shall set forth brief details of the firm's principal activities, the number of personnel in the firm and the
firm's location. Please provide a list of (3) three clients for whom similar services have been provided.
Include the following in your response:
1. Name of government agency.
2. Contact person’s name, position, and current telephone number.
3. Dates, cost and scope of service.
4. Status and comments
4.2 Key Personnel Information
The respondent shall provide the identity and the professional credentials of the principals and other key
personnel either working for the contractor and their areas of responsibilities.
4.3 Subcontractors
Respondents may engage the services of subcontractors for completion of this project. If their proposal
involves any subcontractors, full details on the nature of the work to be performed by them and the
location in which the work is to be performed must be provided. The respondent understands that if
selected, the owner prior to initiating any subcontracted work, must approve the use of subcontractors in
writing.
4.4 Proposal Forms
The following forms are contained in the attachments. All forms are required and shall be completed
and made part of the proposal submitted.
1. Proposal Cost/Signature Form
2. Non-Collusion Affidavit
3. Stockholder Disclosure
4. Affirmative Action Statement
5. Acknowledgement of Receipt of Addenda
6. Disclosure of Investment Activities In Iran
4.5 Location of Servicing Office
The proposal must list the location and address of the present, active office that will service and manage
this contract.
5.
Evaluation, Review and Selection Process
5.1 Proposals to Remain Subject to Acceptance
RFP responses shall remain open for a period of sixty (60) calendar days from the stated submittal. The
owner will either award the Contract within the applicable time period or reject all proposals.
The owner may extend the decision to award or reject all proposals beyond the sixty (60) calendar days
when the proposals of any respondents who consent thereto may, at the request of the owner, be held for
consideration for such longer period as may be agreed.
5.2 Rejection of Proposals
The owner reserves the right to reject any or all proposals, or to reject any proposals if the evidence
submitted by, or investigation of such respondent fails to satisfy the owner that such respondent is
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properly qualified to carry out the obligations of the RFP and to complete the work contemplated
therein. The owner reserves the right to waive any minor informality in the RFP.
5.3 Evaluation Process
An evaluation team will review all proposals to determine if they satisfy the Proposal Requirements,
determine if a proposal should be rejected and evaluate the proposals based upon the Evaluation Criteria.
The highest-ranking respondent will then be recommended to the governing body for award of contract,
based on most advantageous price and other factors. The County reserves the right to reach out to the
respondents to get clarification on Proposals on specific items if necessary during the deliberation
process.
Evaluation Team – RFP respondents are prohibited from contacting any member of the evaluation team
directly without a formal invitation. If it is found that a respondent has attempted to discuss their
proposal with a team member without an invite then their proposal may be deemed unresponsive. All
questions during the evaluation period shall be directed to the Purchasing Agent.
5.4 Evaluation Criteria
The criteria considered in the evaluation of each proposal follows. The arrangement of the criteria is not
meant to imply order of importance in the selection process. All criteria will be used to select the
successful respondent.
This will be based on the quality of the content of the RFP and the respondent's ability to communicate a
thorough understanding of the required tasks and the approach to meet the scope of work outlined in the
RFP. The proposals will be evaluated for general compliance with instructions and requests issued in
the RFP. Non-compliance with significant instructions will be grounds for disqualification of proposals.
5.4.1 Understanding of the Requested Work
The proposals will be evaluated for general compliance with instructions and requests issued in the RFP.
Non-compliance with significant instructions shall be grounds for disqualification of proposals.
5.4.2 Knowledge and Technical Competence
This includes the ability of the respondent to perform all of the tasks and fulfill adequately the stated
requirements.
5.4.3 Management, Experience and Personnel Qualifications
Expertise of the firm shall be demonstrated by past contract successes providing government agencies
with similar services. The respondent will be evaluated on knowledge, experience, prior collaboration
and successful completion of projects/services similar to that requested in this RFP.
In addition to relevant experience, respondents shall provide personnel qualifications in the Proposal.
(See 4.1 and 4.2).
5.4.4 Ability to Complete the Project/Services in a Timely Manner
This is based on the estimated duration of the tasks and the respondent’s ability to accomplish these
tasks as stated.
5.4.5 Cost
Price shall be based on amount stated on the proposal cost form. Total overall costs to complete the
project, the cost of maintenance, training, etc., or price shall be based on hourly rates and schedules of
fees submitted with the proposal. Any services not included as part of any resulting contract scope of
services must be approved and authorized by the owner before such work is initiated. The owner shall
pay for such approved services, at the rate or cost agreed upon between the owner and contractor,
provided the respondent has provided a schedule of fees for additional services with this RFP.
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5.5 Term of the contract
The term of this contract is March 16, 2020 through December 31, 2020. (Options to extend may be
exercised by mutual agreement in accordance with terms of N.J.S.A. 40A:11-4.1 et seq.)
5.6 Notice of Award
The successful respondent will be notified of the award of contract upon a favorable decision by the
governing body.
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16
BOROUGH OF MIDDLESEX
BID DOCUMENT CHECKLIST
Read,
Acknowledged,
Signed & Submitted
Respondent’s
Initial
A.
FAILURE TO SUBMIT ANY OF THESE ITEMS IS MANDATORY CAUSE FOR
REJECTION OF RFP
Ownership Statement - Stockholder Disclosure Certification
Non-Collusion Affidavit
EEO/Affirmative Action Compliance Notice – Submit Copy of State Certificate of
Employee Information Report
Proposal Cost Form/Signature Page
Acknowledgement of Receipt of Addenda (To be Completed if Addenda are
Issued)
Other:
B.
REQUIRED NO LATER THAN TIME PERIOD INDICATED
B.1
SUBMIT DOCUMENTS AT TIME OF RFP RESPONSE DUE DATE
Qualification Statement
Key Personnel Information
Three (3) references for similar projects
Projected project plan and timeline (Gantt Chart)
Disclosure of Activities in Iran
B.2
MUST POSSESS CERTIFICATE BY CONTRACT AWARD DATE
“SUBMISSION OF CERTIFICATE WITH RESPONSE PREFERRED”
New Jersey Business Registration Certificate
New Jersey Business Registration Certificate – Named /Listed Subcontractor(s)
B.3
MUST SUBMIT BY CONTRACT AWARD DATE
Certificates of the Required Insurance naming Borough of Middlesex Additionally
Insured
Evidence of Medical Malpractice or Professional Liability Insurance supply
certificate prior to processing a purchase order
C.
READ ONLY
Americans With Disability Act of 1990 Language
This checklist is provided for respondent’s use in assuring compliance with required documentation; however,
it does not necessarily include all specifications requirements and does not relieve the respondent of the need
to read and comply with the specifications.
Name of Respondent:
Date:
By Authorized Representative:
Signature:
Print Name & Title:
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17
BOROUGH OF MIDDLESEX
BID PROPOSAL FORM/SIGNATURE PAGE
TO THE BOROUGH OF MIDDLESEX:
The undersigned declares that he/she has read the Notice, Instructions, Affidavits and Scope of
Services attached, that he/she has determined the conditions affecting the bid and agrees, if this
bid is accepted, to furnish and deliver services per the following:
PROFESSIONAL SERVICES
FEE SCHEDULE SUBMITTED Yes No
(Corporation)
The undersigned is a (Partnership) under the laws of the State of __________________________ having its
(Individual)
Principal office at
Company
Federal I.D. # or Social Security #
Address
Signature of Authorized Agent
Type or Print Name
Title of Authorized Agent
Date
Telephone Number
Email Address
Fax Number
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BOROUGH OF MIDDLESEX
OWNERSHIP STATEMENT - STOCKHOLDER DISCLOSURE FORM
LEGAL NAME OF BIDDER: ___________________________________________________________
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
Other, Please List __________________________________
List the names and addresses of all stockholders who own ten (10%) percent or more of the above company’s stock, and if
there are NO STOCKHOLDERS OF 10% OR MORE, simply check the second box below. If one or more such
stockholders or partner is itself a corporation or partnership, the stockholders holding 10% or more of that corporation's
stock, or the individual partners owning 10% of that corporation's stock, or the individual partners owning 10% or greater
interest in that partnership, as the case may be, must also be listed.
The disclosure shall be continued until names and addresses of every person who is a non-corporate
stockholder, or individual partner, exceeding the 10% ownership criteria established in this act, has been
listed, in full compliance with Chapter 33 of the New Jersey Public Laws of 1977.
BIDDERS/RESPONDENTS MUST CHECK THE APPROPRIATE BOX:
I certify that the list below contains the names and addresses of all stockholders holding 10% or more of the issued
and outstanding stock of the undersigned.
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned.
Publicly Traded - For publicly traded entities to comply with N.J.S.A. 52:25-24.2 they may submit the name and address
of each publicly traded entity, and the name and address of each person holding 10% or more beneficial interest in the
publicly traded entity as of the last annual filling with the Security Exchange Commission (SEC), or foreign equivalent
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing, or foreign equivalent:
____________________________________________________________________________________________
The requested information is available on the following page number(s) of the SEC, or foreign equivalent, filing:
____________________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
(Note: Attach additional pages if necessary)
________________________________________________________________
______________
(Respondent/Respondent Authorized Signature)
(Date)
___________________________________________
______________________________________
(Print name of authorized signatory)
(Title)
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BOROUGH OF MIDDLESEX
NON-COLLUSION AFFIDAVIT
State of _____________
County of _____________
ss:
I, _____________________________ of the City of _______________________________
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 bidder making this Proposal for the above named project, and that I executed the said proposal
with full authority so to do; that said bidder has not, directly or indirectly entered into any
agreement, participated in any collusion, or otherwise taken any action in restraint of free,
competitive bidding in connection with the above named project; and that all statements contained
in said proposal and in this affidavit are true and correct, and made with full knowledge that the
Borough of Middlesex 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_________________________________.
(Name of Contractor)
(N.J.S.A. 52:34-15)
Subscribed and sworn to
Before me this _______day
Of ___________, _______.
Signature
(Type or print name of affiant under signature)
_______________________________________
Notary public of
My Commission expires ___________________.
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EXHIBIT A
EEO/AFFIRMATIVE ACTION COMPLIANCE NOTICE
N.J.S.A. 10:5-31 and N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance
to the Borough and Division of Public Contracts Equal Employment Opportunity Compliance. During
a review, Division representatives will review the Borough files to determine whether the
affirmative action evidence has been submitted by the vendor/contractor. Specifically, each
vendor/contractor shall submit to the Borough, prior to execution of the contract, one of the
following documents:
Goods and General Service Vendors
1. Letter of Federal Approval indicating that the vendor is under an existing federally approved or
sanctioned affirmative action program. A copy of the approval letter is to be provided by the
vendor to the Borough and the Division. This approval letter is valid for one year from the date
of issuance.
Do you have a federally-approved or sanctioned EEO/AA program?
Yes
No
If yes, please submit a photo static copy of such approval.
2. A Certificate of Employee Information Report (hereafter “Certificate”), issued in accordance with
N.J.A.C. 17:27-1.1 et seq. The vendor must provide a copy of the Certificate to the Borough as
evidence of its compliance with the regulations. The Certificate represents the review and
approval of the vendor’s Employee Information Report, Form AA-302 by the Division. The
period of validity of the Certificate is indicated on its face. Certificates must be renewed prior to
their expiration date in order to remain valid.
Do you have a State Certificate of Employee Information Report Approval?
Yes
No
If yes, please submit a photo static copy of such approval.
3. The successful vendor shall complete an Initial Employee Report, Form AA-302 and submit it to
the Division with $150.00 Fee and forward a copy of the Form to the Borough. Upon submission
and review by the Division, this report shall constitute evidence of compliance with the
regulations. Prior to execution of the contract, the EEO/AA evidence must be submitted.
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on
the Division website www.state.nj.us/treasury/contract_compliance.
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal
Employment Opportunity Compliance, with a copy to Public Agency.
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 and N.J.A.C. 17:27 and agrees to furnish the required forms of
evidence.
The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27.
COMPANY: ______________________________ SIGNATURE: ____________________________
PRINT NAME:___________________________ TITLE: __________________________________
DATE: __________________
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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 Borough employment goals
established in accordance with N.J.A.C. l7:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited
to, employment agencies, placement bureaus, colleges, universities, 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 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 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 www.state.nj.us/treasury/contract_compliance).
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.
Initials ____
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SAMPLE CERTIFICATE OF EMPLOYEE INFORMATION REPORT
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23
BOROUGH OF MIDDLESEX
AMERICANS WITH DISABILITIES ACT OF 1990
Equal Opportunity for Individuals with Disability
The Contractor and the Owner, do hereby agree that the provisions of Title 11 of the Americans With
Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 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 owner 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 owner in any
action or administrative proceeding commenced pursuant to this Act. The contractor shall indemnify,
protect, and save harmless the 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 owner’s grievance procedure, the contractor agrees to abide by any decision of the
owner which is rendered pursuant to said grievance procedure. If any action or administrative
proceeding results in an award of damages against the owner, or if the 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 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 owner or any of its agents, servants, and employees,
the owner shall expeditiously forward or have forwarded to the contractor every demand, complaint,
notice, summons, pleading, or other process received by the owner or its representatives.
It is expressly agreed and understood that any approval by the 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 owner pursuant to this paragraph.
It is further agreed and understood that the 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 owner from taking any other actions available to it under any other provisions
of the Agreement or otherwise at law.
Initials ___
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BOROUGH OF MIDDLESEX
THESE ARE SAMPLES OF THE ONLY ACCEPTABLE
BUSINESS REGISTRATION CERTIFICATES
PREFER SUBMITTED WITH BID RESPONSE
REQUIRED BY LAW PRIOR TO AWARD OF CONTRACT
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BOROUGH OF MIDDLESEX
DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
BID/RFP/Solicitation Number:
Bidder/Offeror:
Part 1: Certification
BIDDERS ARE TO COMPLETE PART 1 BY CHECKING EITHER BOX
Pursuant to Public Law 2012, c. 25, any person or entity that submits a bid or proposal or otherwise proposes to enter into
or renew a contract must complete the certification below to attest, under penalty of perjury, that neither the person or
entity, nor any of its parents, subsidiaries, or affiliates, is identified on the Department of the Treasury’s Chapter 25 list as a
person or entity engaging in investment activities in Iran. The Chapter 25 list is found on the Division’s website at
http://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf. Bidders must review this list prior to completing the
below certification. Failure to complete the certification may render a bidder’s proposal non-responsive. If the Director
finds a person or entity to be in violation of the law, s/he shall take action as may be appropriate and provided by law, rule
or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party
in default and seeking debarment or suspension of the party.
PLEASE CHECK THE APPROPRIATE BOX:
I certify, pursuant to Public Law 2012, c. 25, that neither the bidder listed above nor any of the bidder’s parents,
subsidiaries, or affiliates is listed on the N.J. Department of the Treasury’s list of entities determined to be engaged
in prohibited activities in Iran pursuant to P.L. 2012, c. 25 (“Chapter 25 List”). I further certify that I am the
person listed above, or I am an officer or representative of the entity listed above and am authorized to make this
certification on its behalf. I will skip Part 2 and sign and complete the Certification below.
OR
I am unable to certify as above because the bidder and/or one or more of its parents, subsidiaries, or affiliates is
listed on the Department’s Chapter 25 List. I will provide a detailed, accurate and precise description of the
activities in Part 2 below, sign and complete the Certification below.
PART 2: PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN
You must provide a detailed, accurate and precise description of the activities of the bidding person/entity, or one of its
parents, subsidiaries or affiliates, engaging in the investment activities in Iran on additional sheets provided by you.
Certification: I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any
attachments thereto to the best of my knowledge are true and complete. I attest that I am authorized to execute this
certification on behalf of the above-referenced person or entity. I acknowledge that Borough of Middlesex is relying on the
information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this
certification through the completion of any contracts with the Borough to notify the Borough in writing of any changes to the
answers of information contained herein. I acknowledge that I am aware that it is a criminal offense to make a false
statement or misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal prosecution
under the law and that it will also constitute a material breach of my agreement(s) with the Borough of Middlesex, New
Jersey and that the Borough at its option may declare any contract(s) resulting from this certification void and
unenforceable.
Full Name (Print)___________________________________ Signature: _______________________________________
Title _____________________________________________ Date:____________________
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BOROUGH OF MIDDLESEX
ACKNOWLEDGMENT OF RECEIPT OF ADDENDA
The undersigned Bidder hereby acknowledges receipt of the following Addenda:
ADDENDUM
NUMBER
DATE
ACKNOWLEDGE RECEIPT
(Initial)
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
No Addenda were received:
Acknowledged for:
(Name of Bidder)
By:
(Signature of Authorized Representative)
Name:
(Print or Type)
Title:
Date:
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EXHIBIT A
EVALUATION SHEET
BOROUGH OF
MIDDLESEX
EVALUATORS NAME
Write NA if
category
COMPANY NAME
does not apply.
Understanding the Requested Work
10 Points
Category
0 Points
1 - 2 Points
3 - 4 Points
Points Given
Demonstrates clear
Does not demonstrate clear
Proposal points are
Proposal is clear, readable
understanding
understanding
adequately defined
and precise
0 Points
1 - 2 Points
3 Points
Completeness and
Does not address major
Proposal absent some non-
Proposal complete and
responsiveness to RFP
requirements
critical points
responsive
Compliance with
Does not comply
Complies substantially
Complies with all
instructions and requests
instructions and requests
Knowledge and Professional Compliance
25 Points
Category
0 - 2 Points
3 - 4 Points
5 - 6 Points
Points Given
Education and training of
Minimal training, no formal
Some prior experience, some
High level of education and
employees, suitability to
education, new performer
training and documented
training, well proven
perform the required tasks
performance
performance
0 Points
1 - 2 Points
3 - 7 Points
Does respondent have the
Not adequately documented
Proposal uses some current
Well documented use of the
character, integrity,
technology
latest technologies
reputation, judgment,
experience & efficiency
required by the Professional
0 Points
1 - 2 Points
3 - 4 Points
QA/QC Process
Not adequately documented
QA/QC documented, but
QA/QC documented with
with little oversight
significant oversight
0 Points
1 - 3 Points
4 - 8 Points
Primary Professional vs.
More than one Sub-
Only one Sub-Professional
Primary Professional will do
subcontracted resources
Professional
providing 50% of resources
entire project
depending on nature of sub
to be used
and percentage of project
Ability to Perform Services in a Timely Manner
15 Points
Category
0 Points
1 - 2 Points
3 - 4 Points
Points Given
Scheduling Timeline
Cannot meet schedule
Meets most of schedule
Meets entire schedule
0 - 1 Points
2 - 3 Points
4 - 6 Points
Personnel & Resources
May not be sufficient
Sufficient for project
Dedicated resources
0 - 2 Points
3 - 4 Points
5 Points
Primary Professional
Primary Professional has not
Primary Professional has
No Sub-Professional or a
relationship Sub-
worked with Sub-
limited experience with Sub-
proven record with Sub-
Professionals
Professional
Professional
Professional
Management, Experience and Personnel Qualifications
25 Points
Category
0 Points
1 - 2 Points
3 Points
Points Given
Project Management Plan
Not demonstrated as sound
Plan is average
Plan is sound and detailed
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Project Management Team
Does not meet qualifications
Qualified but little
Well qualified and has
experience working together
collaborated on similar projects
0 Points
1 -2 Points
3 - 5 Points
Record of reliability and
Not documented
Some documentation
Track record of high quality
quality of service
0 - 1 Points
2 - 4 Points
5 - 7 Points
Scope of Work Experience
Few related projects
Some similar projects
Numerous similar projects
Experience in performing
Limited experience
Good experience
Exceptional experience
similar work by employees
Management, Experience and Personnel Qualifications
25 Points
Category
0 Points
2 Points
3 Points
Points Given
Explanation of costs
Costs not explained
Some correlation provided
Well documented
0 - 4 Points
5 - 10 Points
11 - 15 Points
Cost comparison
Highest third in salary
dollars
Middle third in salary dollars
Lowest third in salary dollars
0 - 1 Points
2 - 3 Points
4 - 6 Points
Other costs, copies, travel, etc
Travel and copy cost in
Copy cost equal to OPRA
costs
None
excess of OPRA
0 Points
1 - 2 Points
3 Points
Additional Services
No needed additional
Possible additional services
Needed additional services
services identified
identified, costs not included
identified and included
TOTAL POINTS AWARDED
--- Document: Alternate Public Defender - One Time Use ---
REV 12/2018
1
PUBLIC NOTICE UNDER A FAIR AND OPEN PROCESS FOR THE SOLICITATION OF
QUALIFICATIONS AND RATES FOR ALTERNATE PUBLIC DEFENDER – ONE TIME USE
FOR APPOINTMENT TO EXPIRE AFTER CASE IS ADJUDICATED
NOTICE IS HEREBY GIVEN that sealed submissions will be received by the Purchasing
Agent or designated representative, for Middlesex Borough, on Wednesday, February 19, 2020 at
11:00 am prevailing time, in the Municipal Building, 1200 Mountain Avenue, Middlesex, New Jersey
08846, then publicly opened for the following positions:
•
ALTERNATE PUBLIC DEFENDER – ONE TIME USE
All professional service contractors are required to comply with 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). The submission
package is printable from the website www.middlesexboro-nj.gov or may be obtained at the Clerk’s
Office, Municipal Building,1200 Mountain Avenue, Middlesex, New Jersey 08846 during regular
business hours (8:30 a.m. – 4:00 p.m.)
The Borough reserves the right to reject any or all submissions due to any defects or waive informalities
and accept any submissions that in their judgment will be in the best interest of the Borough. Questions
concerning this notice may be directed to Marcia Karrow at (732) 356-7400 ext. 264.
Date Advertised: January 31, 2020
Borough of Middlesex
1200 Mountain Avenue
Middlesex, New Jersey 08846
Carmen Modica
Purchasing Agent
PHONE: (732) 356-7400 ext. 237
FAX: (732) 356-7954
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BOROUGH OF MIDDLESEX
GENERAL INSTRUCTIONS
1. Introduction
The Borough of Middlesex, Middlesex County, State of New Jersey (hereinafter called the “OWNER”)
invites submissions for the service(s) mentioned in the Public Notice for Alternate Public Defender –
One time Use.
This contract is to furnish and deliver professional services for the Borough of Middlesex through a fair
and open process in accordance with N.J.S.A. 19:44A-20.4 et. seq.
2. Administrative Conditions and Requirements
The following items express the conditions and requirements of this RFP. Together with the other RFP
sections, they apply to the RFP process, the subsequent contract, and project production. Any proposed
change, modification, or exception to these conditions and requirements may be the basis for the owner
to determine the proposal as non-responsive to the RFP and will be a factor in the determination of an
award of a contract. The contents of the proposal of the successful respondent, as accepted by the owner,
will become part of any contract awarded as a result of this RFP.
2.1 Proposal Submission Information
Submission Date and Time:
Wednesday, February 19, 2020
One (1) Original signed in ink & one (1) copy of the RFP response.
Submission Office:
Clerk’s Office
1200 Mountain Avenue
Middlesex, NJ 08846
Each submission must be provided on a Standardized Submission Form as supplied in the submission
package and signed by the professional services entity or principal thereof. All prices and amounts must
be written in ink or preferably typewritten. Each signatory to the submission must initial all erasures or
corrections.
Each submission shall be contained in a sealed envelope addressed to: Purchasing, Borough of
Middlesex, 1200 Mountain Ave., Middlesex, NJ 08846, and said envelope shall specify the appointment
Title/Professional Service for which the submission is provided. The submission is to be clearly marked
(indicating the category of the professional service) – “Sealed Submission Enclosed” (e.g. Borough
Auditor – sealed submission enclosed) and must be delivered at the place and time required or mailed so
as to be received prior to the opening time set in the advertisement. Submissions received after the hour
herein named or in unsealed envelopes shall not be considered. The original proposal shall be signed in
ink and marked to distinguish it from the one (1) copy. Faxed or emailed proposals will NOT be
accepted.
The 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.
Responses delivered before the submission date and time specified above may be withdrawn upon
written application of the respondent who shall be required to produce evidence showing that the
individual is or represents the principal or principals involved in the proposal. After the submission date
and time specified above, responses must remain firm for a period of sixty (60) days.
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The submission shall be accompanied by: (1) Non-Collusion Affidavit, (2) Disclosure of Ownership
Form, (3) Insurance Requirement Acknowledgement Form, (4) Mandatory Equal Employment
Opportunity Notice Acknowledgement, (5) Copy of the applicable Business Registration Certificate, (6)
Professional Services Entity Information Form, (7) Qualifications Submission, (8) List of Contribution,
(9) Disclosure of Investment Activities in Iran and (10) Acknowledgement of Corrections, Additions or
Deletions Form.
2.2 Borough Representative for this Solicitation
Questions by prospective respondents concerning this RFP may be addressed to Kathleen Anello in
writing via email kanello@middlesexboro-nj.gov. Please note the aforementioned contact is authorized
only to direct the attention of prospective respondents to various portions of the requirements so that
they may read and interpret each portion for themselves. NO employee of the Borough of Middlesex is
authorized to give interpretations of any portion of this RFP or to give information as to the
requirements for the RFP in addition to that already contained in the RFP unless as a formal addenda.
Interpretations of the RFP or additional information as to its requirements, when necessary, shall be
communicated to prospective respondents only by written addendum issued by the Purchasing Agent of
the Borough of Middlesex.
Please identify the contract name, and note Request for Information as the subject line when submitting
a request by fax or email.
2.3 Interpretations and Addenda
Respondents are expected to examine the RFP with care and observe all its requirements. All questions
about the meaning or intent of this RFP, all interpretations and clarifications considered necessary by the
owner’s representative in response to such comments and questions will be issued by Addenda mailed or
delivered to all parties recorded as having received the RFP package. Only comments and questions
responded to by formal written Addenda will be binding. Oral interpretations, statements or
clarifications are without legal effect.
2.4 Quantities of Estimate
Wherever the estimated quantities of work to be done are shown in any section of this RFP, including
the Proposal Cost Form, they are given for use in comparing proposals. The owner especially reserves
the right (except as herein otherwise specifically limited) to increase or diminish the quantities as may
be deemed reasonably necessary or desirable by the owner to complete the work detailed by the
contract. Such increase or diminution shall in no way violate this contract, nor shall any such increase or
diminution give cause for claims or liability for damages.
2.5 Cost Liability and Additional Costs
The owner assumes no responsibility and liability for costs incurred by the respondents prior to the
issuance of an agreement. The liability of the owner shall be limited to the terms and conditions of the
contract.
Respondents will assume responsibility for all costs not stated in their proposals. All unit rates either
stated in the proposal or used as a basis for its pricing are required to be all-inclusive. Additional
charges, unless incurred for additional work performed by request of the owner as noted in 2.4, are not
to be billed and will not be paid.
2.6 Statutory and Other Requirements
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2.6.1 Compliance with Laws
Any contract entered into between the contractor and the owner must be in accordance with and subject
to compliance by both parties with the New Jersey Local Public Contracts Law. The contractor must
agree to comply with the non-discrimination provisions and all other laws and regulations applicable to
the performance of services there under. The respondent shall sign and acknowledge such forms and
certificates as may be required by this section.
2.6.2 Mandatory EEO/Affirmative Action Compliance - N.J.S.A 10:5-31 et seq. and N.J.A.C 17:27
et seq.
No firm shall be issued a contract unless it complies with the EEO/Affirmative Action requirements of
P. L. 1975, C. 127 as identified in the documents attached hereto. The form shall be properly executed.
2.6.3 Americans with Disabilities Act of 1990 - 42 U.S.C. S121 01 et seq.
Discrimination on the basis of disability in contracting for the delivery of services is prohibited.
Respondents are required to read American with Disabilities language that is part of the documents
attached hereto and agree that the provisions of Title II of the Act are made part of the contract. The
contractor is obligated to comply with the Act and hold the owner harmless.
2.6.4 Statement of Corporate Ownership-Stockholder Disclosure - N.J.S.A. 52:25-24.2 (P.L. 1977
c.33)
In accordance with N.J.S.A. 52:25-24.2, no corporation, partnership, limited partnership, limited liability
corporation, limited liability partnership, Subchapter S corporation or sole proprietorship, shall be
awarded a contract, unless prior to the receipt of the RFP response/bid or accompanying the RFP
response/bid of the corporation, partnership, limited partnership, limited liability corporation, limited
liability partnership, Subchapter S corporation or sole proprietorship, there is submitted to the Borough a
statement setting forth the names and addresses of all stockholders who own 10% or more of the stock,
of any class or of all individual partners who own a 10% or greater interest in the corporation,
partnership, limited partnership, limited liability corporation, limited liability partnership, Subchapter S
corporation or sole proprietorship. If one or more such stockholder or partner is itself a corporation or
partnership, the stockholders holding 10% or more of that corporation’s stock, or the individual partners
owning 10% or greater interest in that partnership, as the case may be, shall also be listed. The
disclosure shall be continued until names and addresses of every non-corporate stockholder and
individual partner, exceeding the 10% ownership criteria established in this act has been listed. The form
shall be signed and submitted with the RFP proposal/bid whether or not a stockholder or partner owns
less than 10% of the business submitting the RFP proposal/bid. Failure to comply requires mandatory
rejection of the RFP proposal/bid. The Respondent shall complete and submit the form of statement that
is included in this RFP.
2.6.5 Non-Collusion Affidavit - N.J.S.A. 52:34-15
The Non-Collusion Affidavit, which is part of this RFP, shall be properly executed and submitted with
the RFP response.
2.6.6 Proof of N.J. Business Registration Certificate N.J.S.A. 52:32-44
Each bidder (contractor) is required to submit proof of business registration prior to award of the
contract. Proof of registration shall be a copy of the bidder’s Business Registration Certificate (BRC).
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 obtain and provide the owner the BRC of subcontractors knowingly
used on this contract.
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2. The contractor shall maintain and submit to the contracting agency a list of
subcontractor’s and their addresses that may be updated from time to time during the
course of the contract performance. A complete and accurate list shall be submitted
before final payment is made for goods and services rendered under the contract.
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 taxable sales of tangible personal
property delivered into the State.
Failure to submit the BRC with the proposal is NOT a cause for rejection. However, the Borough
prefers the BRC be submitted with the proposal. If it is not provided prior to execution of a contract the
bidder’s bid guarantee shall be forfeited and the contract shall be awarded to the next lowest responsible
bidder.
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 $25.00 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.
A BRC is obtained from the New Jersey Division of Revenue and Enterprise Services. Information on
obtaining a BRC is available on the internet at www.nj.gov/treasury/revenue/busregcert.shtml or by
phone at (609) 292-2929.
Emergency Purchases or Contracts
For purchases of an emergent nature, the contractor shall provide its Business Registration Certificate
within two weeks from the date of purchase or execution of the contract or prior to payment for goods or
services, whichever is earlier.
2.6.7 Pay to Play – Notice of Disclosure Requirement
Business entities are advised of their responsibility to file an annual disclosure statement of political
contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A.
19:44A-20.27 if they receive contracts in excess of $50,000 from public entities in a calendar year.
Business entities are responsible for determining if filing is necessary. Additional information on this
requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.
2.6.8 Assign, Sublet or Transfer Any Rights/Interests
Neither the owner nor the Contractor shall assign, sublet, or transfer any rights or interest in this
Agreement without the prior written consent of the other party. Unless specifically stated to the contrary,
in writing, prior to an assignment, no assignment will release or discharge the assignor from any duty or
responsibility under this Agreement. Nothing herein shall be construed to give any rights or benefits to
anyone other than the owner and the Contractor.
2.6.9 Insurance and Indemnification
If it becomes necessary for the contractor, either as principal or by agent or employee, to enter upon the
premises or property of the owner in order to construct, erect, inspect, make delivery or remove property
hereunder, the contractor hereby covenants and agrees to take use, provide and make all proper,
necessary and sufficient precautions, safeguards, and protection against the occurrence of happenings of
any accident, injuries, damages, or hurt to person or property during the course of the work herein
covered and be his/her sole responsibility.
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The contractor shall maintain sufficient insurance to protect against all claims under Workers
Compensation, General Liability and Automobile and shall be subject to approval for adequacy of
protection and certificates of such insurance shall be provided.
Indemnification
The contractor agrees to indemnify and save harmless the owner, its officers, agents and employees,
hereinafter referred to as indemnitees, from all suits, including attorney’s fees and costs of litigation,
actions, loss damage, expense, cost of claims, of any character or on account of any act, claim or amount
arising or recovered under Worker’s Compensation law, or arising out of failure of the Contractor or
those acting under Contractor to conform to any statutes, ordinances, regulations, law or court decree. It
is the intent of the parties to this contract that the indemnities shall, in all instances, except for loss or
damage resulting from the sole negligence of the indemnitee, be indemnified against all liability, loss or
damage of any nature whatsoever.
Insurance Requirements:
Worker’s Compensation and Employer’s Liability Insurance
This insurance shall be maintained in full force during the life of this contract by the contractor covering
all employees engaged in performance of this contract pursuant to N.J.S.A. 34:15-12(a) and N.J.A.C.
12:235-1.6. Minimum Employer’s Liability $1,000,000.00.
General Liability Insurance
This insurance shall have limits of not less than $3,000,000.00 any one person and $3,000,000.00 any
one accident for bodily injury and $3,000,000.00 aggregate for property damage, and shall be
maintained in force during the life of the contract.
Automobile Liability Insurance
This insurance covering contractor for claims arising from owned, hired and non-owned vehicles with
limits of not less than $3,000,000.00 any one person and $3,000,000.00 any one accident for bodily
injury and $3,000,000.00 each accident for property damage, shall be maintained in force during the life
of this contract by the contractor.
Professional Liability/Malpractice Insurance Policy (if applicable)
Coverage in the amount of $2,000,000.00/occurrence, $4,000,000.00 aggregate and assurance that each
such policy for each staff member remains full and in effect while providing services for owner.
The contractor shall provide the owner with a Certificate of Insurance naming the Borough of Middlesex
as additionally insured, evidencing the existence of required insurance prior to the commission of work.
Said insurance must include coverage for complete operations, contractual insurance and independent
contractor or subcontractor insurance, where and if applicable.
Errors and Omissions Insurance
A.
The contractor shall purchase and maintain during the entire period of this contract, errors
and omissions insurance that shall protect the contractor and the Borough from any and all
claims that may arise out of or result from the contractor’s performance of this contract.
Specifically, the errors and omissions insurance shall have limits of not less than
$2,000,000.00 dollars per occurrence and $4,000,000.00 dollars in the aggregate.
B.
Certificates of the Required Insurance
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Certificates as listed above shall be submitted along with the contract as evidence covering
Errors and Omissions insurance. Such coverage shall be with acceptable insurance
companies operating on an admitted basis in the State of New Jersey.
The contractor shall provide the Borough with a Certificate of Insurance naming the
Middlesex Borough, its employees, officers, and agents as additionally insured, and
evidencing the existence of required insurance prior to the commission of work.
Middlesex Borough will not accept Mutual Limitation of Liability terms.
2.6.10 Health Insurance Portability and Accountability Act of 1996 - HIPAA (If Applicable)
Both parties agree to comply with all requirements of the Federal Health Insurance Portability and
Accountability Act of 1996 (“HIPAA”) as maybe amended from time to time, and the corresponding
HIPAA regulations for the confidentiality and security of medical information.
The Contractor shall:
• Not use or disclose protected health information other than as permitted or required by law
• Use appropriate safeguards to protect the confidentiality of the information
• Report any use or disclosure not permitted
The contractor, by execution of the contract, shall thereby indemnify and hold the owner harmless from
any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the
failure of the contractor to comply with the requirements of the Health Insurance Portability and
Accountability Act (HIPAA) or any other statute or case law protecting the privacy of persons using its
services.
2.6.11 Proof of Licensure
Proof of licensure for providing Services in the State of New Jersey, for either the firm or the person
responsible for the work, shall be provided as required.
2.6.12 Disclosure of Investment Activities in Iran – P.L. 2012, c. 25
P.L. 2012, c.25 prohibits State and local public contracts with persons or entities engaging in certain
investment activities in energy or finance sectors of Iran.
2.7 Public Emergency
In the event of a Public Emergency declared at the Local, State or Federal Level, if the owner opts to
extend terms and conditions of this RFP, the contractor agrees to extend the terms and conditions of this
RFP, whether existing, expiring or expired no longer than six months, for goods and/or services for the
duration of the emergency. In the event the original contractor cannot meet this requirement, the owner
may solicit the goods and/or services from any bidder on this contract.
2.8 Multiple Proposals Not Accepted
More than one proposal from an individual, a firm or partnership, a corporation or association under the
same or different names shall not be considered.
2.9 Failure to Enter Contract
Should the respondent, to whom the contract is awarded, fail to enter into a contract within ten (10)
days, Sundays and holidays excepted, the owner may then, at its option, accept the proposal of another
respondent.
2.10 Commencement of Work
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The contractor agrees to commence work after the date of award by the owner and upon notice from the
using department.
2.11 Time of Completion
It is hereby understood and mutually agreed, by and between the respondent and the owner, that the date
on which the work shall be substantially complete as specified in the RFP is an essential condition of
this contract. It is further mutually understood and agreed that the work and contract time embraced in
this Contract shall commence on the date specified and that the resulting contract shall be completed in
sequence and time frames identified by the owner.
The respondent agrees that said services shall be processed regularly, diligently, and uninterruptedly at
such rate of progress as will insure full completion thereof within the time specified. It is expressly
understood and agreed, by and between the respondent and the owner, that the time of completion of the
services described herein is a reasonable time for the completion of it.
2.12 Termination of Contract
If, through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations under
the Contract or if the contractor violates any requirements of the Contract, the owner shall thereupon
have the right to terminate the Contract by giving written notice to the contractor of such termination at
least thirty (30) days prior to the proposed effective date of the termination. Such termination shall
relieve the owner of any obligation for the balances to the contractor of any sum or sums set forth in the
Contract.
The contractor agrees to indemnify and hold the owner 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 owner under this provision.
In case of default by the contractor, the owner may procure the articles or services from other sources
and hold the contractor responsible for any excess cost occasioned thereby.
2.13 Non-Allocation of Funding Termination
Each fiscal year payment obligation of the Owner is conditioned upon the availability of Owner funds
appropriated or allocated for the payment of such an obligation. If funds are not allocated and available
for the continuance of any services performed by the Contractor hereunder, whether in whole or in part,
the Owner at the end of any particular fiscal year may terminate such services. The Owner will notify
the Contractor in writing immediately of any services that will be affected by a shortage of appropriated
funds. This provision shall not be construed so as to permit the Owner to terminate this Agreement
during the term, or any service hereunder, merely in order to acquire identical services from a third party
contractor.
2.14 Force Majeure
Neither party shall be responsible for any resulting loss or obligation to fulfill duties as specified in any
of the terms or provisions of this Agreement if the fulfillment of any term or provision of this
Agreement is delayed or prevented by any revolutions, insurrections, riots, wars, acts of enemies,
national emergencies, strikes, floods, fires, acts of God, or by any cause not within the control of the
party whose performance is interfered with which by the exercise of reasonable diligence such party is
unable to prevent. Additionally, if the fulfillment of any of the terms and provisions of this Agreement
is delayed or prevented by any court order, or action or injunction or other such agreement, this
Agreement shall become voidable by the Borough of Middlesex by notice to each party.
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2.15 The owner and the Contractor each bind themselves and their successors, executors,
administrators, heirs and assigns and legal representatives of the other party respecting all covenants and
agreements and obligations of this contract.
2.16 The terms of this contract shall be construed and interpreted, and all respective rights and duties of
the parties shall be governed by the laws of the State of New Jersey.
2.17 Challenge of Specifications
Any respondent who wishes to challenge a specification shall file such challenge in writing with the
Purchasing Agent no less than three (3) business days prior to the opening of the RFP's.
Challenges filed after that time shall be considered void and having no impact on the owner or the award
of contract.
2.18 Payment
Invoices shall be submitted monthly and must specify, in detail, the period for which payment is
claimed, the services performed during the prescribed period, the amount claimed and correlation
between the services claimed, all backup documentation (mileage, time logs, receipts for expenses, etc.),
amount remaining in total balance, and the Proposal Cost Form.
The Borough of Middlesex will provide a sample Progress Report and Invoice for the Hired Consultant
to ensure compliance.
The owner may withhold all or partial payments on account of subsequently discovered evidence
including but not limited to the following:
1. Deliverables not complying with the project specification;
2. Claims filed or responsible evidence indicating probability of filing claims;
3. A reasonable doubt that the Contract can be completed for the balance then unpaid.
When the above grounds are removed, payment shall be made for amounts withheld because of them.
Invoices shall specify, in detail, the period for which payment is claimed, the services performed during
the prescribed period, the amount claimed and correlation between the services claimed and the Proposal
Cost Form.
2.19 Non-payment of Penalties and Interest on Overdue Bills
Public funds may be used to pay only for goods delivered or services rendered. The Borough of
Middlesex will not pay penalties and/or interest on overdue bills. No employee is authorized to sign a
letter of credit or any other document that represents a legal commitment on the part of the Borough to
pay additional fees.
2.20 Ownership of Material
The owner shall retain all of its rights and interest in any and all documents and property both hard copy
and digital furnished by the owner to the contractor for the purpose of assisting the contractor in the
performance of this contract. All such items shall be returned immediately to the owner at the expiration
or termination of the contract or completion of any related services, pursuant thereto, whichever comes
first. None of the documents and/or property shall, without the written consent of the owner, be
disclosed to others or used by the contractor or permitted by the contractor to be used by their parties at
any time except in the performance of the resulting contract.
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Ownership of all data, materials and documentation originated and prepared for the owner pursuant to
this contract shall belong exclusively to the owner. All data, reports, computerized information,
programs and materials related to this project shall be delivered to and become the property of the owner
upon completion of the project. The contractor shall not have the right to use, sell, or disclose the total of
the interim or final work products, or make available to third parties, without the prior written consent of
the owner.
Under state and federal statutes, certain government records are protected from public disclosure. The
Borough, the Contractor and any Subcontractors have a responsibility and an obligation to safeguard
from public access an employee's personal information with which it has been entrusted when disclosure
thereof would violate the employee's reasonable expectation of privacy. All payroll, personnel and
health insurance related files are confidential. Additionally the Contractor and any Subcontractors may
be privy to sensitive law enforcement information or investigations during their review which must
remain confidential. The Borough reserves the right to make any public disclosure under the law. Also
among government records deemed confidential are administrative or technical information regarding
computer hardware, software and networks that, if disclosed, would jeopardize computer security. The
Contractor and any Subcontractor(s) are prohibited from the sale or distribution of all supplied
information to any third party.
2.21 Source of Specifications/RFP Packages
Official Request for Proposal (RFP) packages for routine goods and services are available from
www.middesexboro-nj.gov at no cost to the prospective respondents. All addenda are posted on this
site. Potential respondents are cautioned that they are responding at their own risk if a third party
supplied the specifications that may or may not be complete. The Borough is not responsible for third
party supplied RFP documents.
2.22 Altering Official Document
Respondents shall not write in any margins or alter the official content of Borough’s RFP document.
2.23 RFP Preparation of Forms
RFPs must be signed in ink by the respondent; all quotations shall be made with a typewriter/computer
or pen and ink. Any quotation showing any erasure alteration must be initialed by the respondent in ink.
Unit prices and totals are to be inserted in spaces provided.
2.24 W-9
Successful bidder/respondent shall complete W-9 Form and submit to Finance prior to contract award.
The form is available at the following link: www.irs.gov/pub/irs-pdf/fw9.pdf
3. Scope of Work (SOW)
The following is a description of the professional services needed, including where appropriate, a
description of tasks involved:
ALTERNATE PUBLIC DEFENDER – One Time Use
The Alternate Public Defender shall be a licensed Attorney at Law of New Jersey and shall provide all
necessary and desirable legal counsel and advice to case related to 2 other co-defendants already
assigned to Public Defenders. The Alternate Public Defender shall handle his duties as directed by the
Municipal Court Judge. Public Defenders court dates are only scheduled twice a month, usually the first
and last Monday of each month. Contract to expire after case is adjudicated.
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BOROUGH OF MIDDLESEX
EXCEPTIONS
For each exception, the bidder must identify the specific section of specifications by providing the number and
title the exception applies to. It is the responsibility of the bidder to document the equivalence claim in
writing. Submitting product brochures is not an acceptable claim of equivalence.
(IF NONE SO STATE)
USE ADDITIONAL SHEET IF NECESSARY
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4.
Proposal Requirements
4.1 Qualification Statement
A statement is to be provided by the respondent who will serve as the primary contractor. The statement
shall set forth brief details of the firm's principal activities, the number of personnel in the firm and the
firm's location. Please provide a list of (3) three clients for whom similar services have been provided.
Include the following in your response:
1. Name of government agency.
2. Contact person’s name, position, and current telephone number.
3. Dates, cost and scope of service.
4. Status and comments
4.2 Key Personnel Information
The respondent shall provide the identity and the professional credentials of the principals and other key
personnel either working for the contractor and their areas of responsibilities.
4.3 Subcontractors
Respondents may engage the services of subcontractors for completion of this project. If their proposal
involves any subcontractors, full details on the nature of the work to be performed by them and the
location in which the work is to be performed must be provided. The respondent understands that if
selected, the owner prior to initiating any subcontracted work, must approve the use of subcontractors in
writing.
4.4 Proposal Forms
The following forms are contained in the attachments. All forms are required and shall be completed
and made part of the proposal submitted.
1. Proposal Cost/Signature Form
2. Qualifications Submission Form
3. Non-Collusion Affidavit
4. Stockholder Disclosure
5. Affirmative Action Statement
6. Professional Service Entity Information Form
7. Acknowledgement of Receipt of Addenda
8. List of Contribution
9. Disclosure of Investment Activities In Iran
4.5 Location of Servicing Office
The proposal must list the location and address of the present, active office that will service and manage
this contract.
5.
Evaluation, Review and Selection Process
5.1 Proposals to Remain Subject to Acceptance
RFP responses shall remain open for a period of sixty (60) calendar days from the stated submittal. The
owner will either award the Contract within the applicable time period or reject all proposals.
The owner may extend the decision to award or reject all proposals beyond the sixty (60) calendar days
when the proposals of any respondents who consent thereto may, at the request of the owner, be held for
consideration for such longer period as may be agreed.
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5.2 Rejection of Proposals
The owner reserves the right to reject any or all proposals, or to reject any proposals if the evidence
submitted by, or investigation of such respondent fails to satisfy the owner that such respondent is
properly qualified to carry out the obligations of the RFP and to complete the work contemplated
therein. The owner reserves the right to waive any minor informality or reject any/or all submissions in
accordance with the Fair & Open Public Solicitation Process for professional services(s) pursuant to P.L.
2004, c.19 (N.J.S.A. 19:44A-20.4 et seq.) in the RFP.
5.3 Evaluation Process
An evaluation team will review all proposals to determine if they satisfy the Proposal Requirements,
determine if a proposal should be rejected and evaluate the proposals based upon the Evaluation Criteria.
The highest-ranking respondent will then be recommended to the governing body for award of contract,
based on most advantageous price and other factors. The Borough reserves the right to reach out to the
respondents to get clarification on Proposals on specific items if necessary during the deliberation
process.
Evaluation Team – RFP respondents are prohibited from contacting any member of the evaluation team
directly without a formal invitation. If it is found that a respondent has attempted to discuss their
proposal with a team member without an invite then their proposal may be deemed unresponsive. All
questions during the evaluation period shall be directed to the Purchasing Agent.
5.4 Evaluation Criteria
The criteria considered in the evaluation of each proposal follows. The arrangement of the criteria is not
meant to imply order of importance in the selection process. All criteria will be used to select the
successful respondent.
This will be based on the quality of the content of the RFP and the respondent's ability to communicate a
thorough understanding of the required tasks and the approach to meet the scope of work outlined in the
RFP. The proposals will be evaluated for general compliance with instructions and requests issued in
the RFP. Non-compliance with significant instructions will be grounds for disqualification of proposals.
5.4.1 Understanding of the Requested Work
The proposals will be evaluated for general compliance with instructions and requests issued in the RFP.
Non-compliance with significant instructions shall be grounds for disqualification of proposals.
5.4.2 Knowledge and Technical Competence
This includes the ability of the respondent to perform all of the tasks and fulfill adequately the stated
requirements.
5.4.3 Management, Experience and Personnel Qualifications
Expertise of the firm shall be demonstrated by past contract successes providing government agencies
with similar services. The respondent will be evaluated on knowledge, experience, prior collaboration
and successful completion of projects/services similar to that requested in this RFP.
In addition to relevant experience, respondents shall provide personnel qualifications in the Proposal.
(See 4.1 and 4.2).
5.4.4 Ability to Complete the Project/Services in a Timely Manner
This is based on the estimated duration of the tasks and the respondent’s ability to accomplish these
tasks as stated.
5.4.5 Cost
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Price shall be based on amount stated on the proposal cost form. Total overall costs to complete the
project, the cost of maintenance, training, etc., or price shall be based on hourly rates and schedules of
fees submitted with the proposal. Any services not included as part of any resulting contract scope of
services must be approved and authorized by the owner before such work is initiated. The owner shall
pay for such approved services, at the rate or cost agreed upon between the owner and contractor,
provided the respondent has provided a schedule of fees for additional services with this RFP.
5.5 Term of the contract
Contract to expire after case is adjudicated. (Options to extend may be exercised by mutual agreement in
accordance with terms of N.J.S.A. 40A:11-4.1 et seq.)
5.6 Notice of Award
The successful respondent will be notified of the award of contract upon a favorable decision by the
governing body.
6.
List All Contributions
List all contributions, including in-kind contributions you or your firm/company (including all
equitable owners/members thereof) have made to any campaign or candidate for any public
office in Middlesex Borough or Middlesex County in 2018-2019. Include amount(s) of such
contribution(s) and the candidate(s) or committees to whom such amounts were given.
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BOROUGH OF MIDDLESEX
CHECKLIST
PROFESSIONAL SERVICE TITLE: _________________________________________________
Please fill in the appropriate title in the space above.
SUBMISSION DATE: Wednesday, February 19, 2020 at 11:00 AM
The following items, as indicated below (X), shall be provided with the receipt of sealed submissions:
1. Non-Collusion Affidavit …………………………….……………………………… ___X____
2. Stockholder Disclosure Certification ……………………………………….…………. ___X____
3. Insurance Requirement Acknowledgement Form …………..……….……………… ___X____
4. Mandatory Equal Employment Opportunity Notice Acknowledgement ………………___X____
5. Copy of your Business Registration Certificate as issued by the State of
New Jersey, Department of Treasury, Division of Revenue ...……………………….. ___X____
6. Professional Service Entity Information Form ……………………….………………. ___X____
7. Qualifications Submission Form…….………………………………………….……… ___X____
8. List of Contribution(s)………………..………………………….……………………… ___X____
9. Disclosure of Investment Activities in Iran………………………….…………………. ___X____
10. Acknowledgement of Corrections, Additions or Deletions Form …………………. ___X____
Reminder
Please submit one (1) original and one (1) additional set of the sealed submission.
Each submission shall be contained in a sealed envelope addressed to: Borough Clerk,
Borough of Middlesex, 1200 Mountain Ave., Middlesex, NJ 08846 or in the preprinted
envelope supplied with the submission package when available, and said envelope shall
specify the Appointment Title/Professional Service for which the submission is provided.
The submission is to be clearly marked (indicating the category of the professional service) –
“Sealed Submission Enclosed” (e.g. Borough Auditor – sealed submission enclosed) and
must be delivered at the place and time required or mailed so as to be received prior to the
opening time set in the advertisement.
Submissions received after the hour herein named or in unsealed envelopes shall not be
considered.
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BOROUGH OF MIDDLESEX
BID PROPOSAL FORM/SIGNATURE PAGE
TO THE BOROUGH OF MIDDLESEX:
The undersigned declares that he/she has read the Notice, Instructions, Affidavits and Scope of
Services attached, that he/she has determined the conditions affecting the bid and agrees, if this
bid is accepted, to furnish and deliver services per the following:
PROFESSIONAL SERVICES
FEE SCHEDULE SUBMITTED Yes No
(Corporation)
The undersigned is a (Partnership) under the laws of the State of __________________________ having its
(Individual)
Principal office at
Company
Federal I.D. # or Social Security #
Address
Signature of Authorized Agent
Type or Print Name
Title of Authorized Agent
Date
Telephone Number
Email Address
Fax Number
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LIST ALL CONTRIBUTION(S)
2018-2019
List all contributions, including in-kind contributions you or your firm/company (including all
equitable owners/members thereof) have made to any campaign or candidate for any public office
in Middlesex Borough or Middlesex County in 2018-2019. Include amount(s) of such contribution(s)
and the candidate(s) or committees to whom such amounts were given.
Name of Campaign or Candidate
Amount of Contribution
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
By signing below you acknowledge that you or your firm/company (including all equitable
owners/members thereof), have not made any contributions to any campaign or candidate for any
public office in Middlesex Borough or Middlesex County in 2018-2019.
COMPANY: ______________________________ PRINT NAME: ____________________________
SIGNATURE:___________________________ TITLE: __________________________________
DATE: __________________
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BOROUGH OF MIDDLESEX
QUALIFICATIONS SUBMISSION FORM
1.
Names and roles of the individuals who will perform the services and description of
their education and experience with projects similar to the services contained herein
including their education, degrees and certifications:
2.
References and record of success of same or similar service:
3.
Description of ability to provide the services in a timely fashion (including staffing,
familiarity and location of key staff):
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4. Cost details, including the hourly rates of each of the individuals who will perform
services, including their title, level of expertise and years of experience, and all expenses:
Firm __________________________________________ Date: _________________________
Authorized Representative (Print):___________________________________________________
Signature: ________________________ Title:________________________________________
Telephone #: _____________________ Fax #: ______________________________________
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BOROUGH OF MIDDLESEX
PROFESSIONAL SERVICE ENTITY INFORMATION FORM
If the Professional Service Entity is an INDIVIDUAL, sign name and give the following information:
Name:______________________________________________________________________________________________
Address:_____________________________________________________________________________________________
Telephone No.: ____________________Social Security No.:___________________________________________________
Fax No.: _______________________ E-Mail: _____________________________________________________________
If individual has a TRADE NAME, give such trade name:
Trading As: _________________________________ Telephone No.: ___________________________________________
****************************************************************************************************
If the Professional Service Entity is a PARTNERSHIP, give the following information:
Name of
Partners:_____________________________________________________________________________________________
Firm
Name:_______________________________________________________________________________________________
Address:_____________________________________________________________________________________________
Telephone No.: ____________________________ Federal I.D. No.:_____________________________________________
Fax No.: ______________________ E-Mail:_______________________________________________________________
Social Security No.:___________________________________________________________________________________
Signature of authorized agent:____________________________________________________________________________
****************************************************************************************************
If the Professional Service Entity is INCORPORATED, give the following information:
State under whose laws incorporated:_____________________________________________________________________
Location of principal office:_____________________________________________________________________________
Telephone No.: ____________________ Federal I.D. No.: ____________________________________________________
Fax No.: _______________________ E-Mail:_______________________________________________________________
Name of agent in charge of said office upon whom notice may be legally served:
____________________________________________________________________________________________________
Telephone No.: ___________________Name of Corporation: __________________________________________________
Signature: By: __________________________________________________________
Title: Address: ______________________________________________________________
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BOROUGH OF MIDDLESEX
OWNERSHIP STATEMENT - STOCKHOLDER DISCLOSURE FORM
LEGAL NAME OF BIDDER: ___________________________________________________________
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
Other, Please List __________________________________
List the names and addresses of all stockholders who own ten (10%) percent or more of the above company’s stock, and if
there are NO STOCKHOLDERS OF 10% OR MORE, simply check the second box below. If one or more such
stockholders or partner is itself a corporation or partnership, the stockholders holding 10% or more of that corporation's
stock, or the individual partners owning 10% of that corporation's stock, or the individual partners owning 10% or greater
interest in that partnership, as the case may be, must also be listed.
The disclosure shall be continued until names and addresses of every person who is a non-corporate
stockholder, or individual partner, exceeding the 10% ownership criteria established in this act, has been
listed, in full compliance with Chapter 33 of the New Jersey Public Laws of 1977.
BIDDERS/RESPONDENTS MUST CHECK THE APPROPRIATE BOX:
I certify that the list below contains the names and addresses of all stockholders holding 10% or more of the issued
and outstanding stock of the undersigned.
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned.
Publicly Traded - For publicly traded entities to comply with N.J.S.A. 52:25-24.2 they may submit the name and address
of each publicly traded entity, and the name and address of each person holding 10% or more beneficial interest in the
publicly traded entity as of the last annual filling with the Security Exchange Commission (SEC), or foreign equivalent
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing, or foreign equivalent:
____________________________________________________________________________________________
The requested information is available on the following page number(s) of the SEC, or foreign equivalent, filing:
____________________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
(Note: Attach additional pages if necessary)
________________________________________________________________
______________
(Respondent/Respondent Authorized Signature)
(Date)
___________________________________________
______________________________________
(Print name of authorized signatory)
(Title)
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BOROUGH OF MIDDLESEX
NON-COLLUSION AFFIDAVIT
State of _____________
County of _____________
ss:
I, _____________________________ of the City of _______________________________
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 bidder making this Proposal for the above named project, and that I executed the said proposal
with full authority so to do; that said bidder has not, directly or indirectly entered into any
agreement, participated in any collusion, or otherwise taken any action in restraint of free,
competitive bidding in connection with the above named project; and that all statements contained
in said proposal and in this affidavit are true and correct, and made with full knowledge that the
Borough of Middlesex 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_________________________________.
(Name of Contractor)
(N.J.S.A. 52:34-15)
Subscribed and sworn to
Before me this _______day
Of ___________, _______.
Signature
(Type or print name of affiant under signature)
_______________________________________
Notary public of
My Commission expires ___________________.
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EXHIBIT A
EEO/AFFIRMATIVE ACTION COMPLIANCE NOTICE
N.J.S.A. 10:5-31 and N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance
to the Borough and Division of Public Contracts Equal Employment Opportunity Compliance. During
a review, Division representatives will review the Borough files to determine whether the
affirmative action evidence has been submitted by the vendor/contractor. Specifically, each
vendor/contractor shall submit to the Borough, prior to execution of the contract, one of the
following documents:
Goods and General Service Vendors
1. Letter of Federal Approval indicating that the vendor is under an existing federally approved or
sanctioned affirmative action program. A copy of the approval letter is to be provided by the
vendor to the Borough and the Division. This approval letter is valid for one year from the date
of issuance.
Do you have a federally-approved or sanctioned EEO/AA program?
Yes
No
If yes, please submit a photo static copy of such approval.
2. A Certificate of Employee Information Report (hereafter “Certificate”), issued in accordance with
N.J.A.C. 17:27-1.1 et seq. The vendor must provide a copy of the Certificate to the Borough as
evidence of its compliance with the regulations. The Certificate represents the review and
approval of the vendor’s Employee Information Report, Form AA-302 by the Division. The
period of validity of the Certificate is indicated on its face. Certificates must be renewed prior to
their expiration date in order to remain valid.
Do you have a State Certificate of Employee Information Report Approval?
Yes
No
If yes, please submit a photo static copy of such approval.
3. The successful vendor shall complete an Initial Employee Report, Form AA-302 and submit it to
the Division with $150.00 Fee and forward a copy of the Form to the Borough. Upon submission
and review by the Division, this report shall constitute evidence of compliance with the
regulations. Prior to execution of the contract, the EEO/AA evidence must be submitted.
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on
the Division website www.state.nj.us/treasury/contract_compliance.
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal
Employment Opportunity Compliance, with a copy to Public Agency.
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 and N.J.A.C. 17:27 and agrees to furnish the required forms of
evidence.
The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27.
COMPANY: ______________________________ SIGNATURE: ____________________________
PRINT NAME:___________________________ TITLE: __________________________________
DATE: __________________
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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 Borough employment goals
established in accordance with N.J.A.C. l7:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited
to, employment agencies, placement bureaus, colleges, universities, 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 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 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 www.state.nj.us/treasury/contract_compliance).
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.
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SAMPLE CERTIFICATE OF EMPLOYEE INFORMATION REPORT
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26
BOROUGH OF MIDDLESEX
AMERICANS WITH DISABILITIES ACT OF 1990
Equal Opportunity for Individuals with Disability
The Contractor and the Owner, do hereby agree that the provisions of Title 11 of the Americans
With Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 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 owner
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 owner in any action or administrative proceeding commenced pursuant
to this Act. The contractor shall indemnify, protect, and save harmless the 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 owner’s
grievance procedure, the contractor agrees to abide by any decision of the owner which is rendered
pursuant to said grievance procedure. If any action or administrative proceeding results in an
award of damages against the owner, or if the 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 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 owner or any of its agents, servants, and
employees, the owner shall expeditiously forward or have forwarded to the contractor every
demand, complaint, notice, summons, pleading, or other process received by the owner or its
representatives.
It is expressly agreed and understood that any approval by the 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 owner pursuant to this
paragraph.
It is further agreed and understood that the 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 owner from taking any other actions available to it
under any other provisions of the Agreement or otherwise at law.
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BOROUGH OF MIDDLESEX
THESE ARE SAMPLES OF THE ONLY ACCEPTABLE
BUSINESS REGISTRATION CERTIFICATES
PREFER SUBMITTED WITH BID RESPONSE
REQUIRED BY LAW PRIOR TO AWARD OF CONTRACT
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BOROUGH OF MIDDLESEX
DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
BID/RFP/Solicitation Number:
Bidder/Offeror:
Part 1: Certification
BIDDERS ARE TO COMPLETE PART 1 BY CHECKING EITHER BOX
Pursuant to Public Law 2012, c. 25, any person or entity that submits a bid or proposal or otherwise proposes to enter into
or renew a contract must complete the certification below to attest, under penalty of perjury, that neither the person or
entity, nor any of its parents, subsidiaries, or affiliates, is identified on the Department of the Treasury’s Chapter 25 list as a
person or entity engaging in investment activities in Iran. The Chapter 25 list is found on the Division’s website at
http://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf. Bidders must review this list prior to completing the
below certification. Failure to complete the certification may render a bidder’s proposal non-responsive. If the Director
finds a person or entity to be in violation of the law, s/he shall take action as may be appropriate and provided by law, rule
or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party
in default and seeking debarment or suspension of the party.
PLEASE CHECK THE APPROPRIATE BOX:
I certify, pursuant to Public Law 2012, c. 25, that neither the bidder listed above nor any of the bidder’s parents,
subsidiaries, or affiliates is listed on the N.J. Department of the Treasury’s list of entities determined to be engaged
in prohibited activities in Iran pursuant to P.L. 2012, c. 25 (“Chapter 25 List”). I further certify that I am the
person listed above, or I am an officer or representative of the entity listed above and am authorized to make this
certification on its behalf. I will skip Part 2 and sign and complete the Certification below.
OR
I am unable to certify as above because the bidder and/or one or more of its parents, subsidiaries, or affiliates is
listed on the Department’s Chapter 25 List. I will provide a detailed, accurate and precise description of the
activities in Part 2 below, sign and complete the Certification below.
PART 2: PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN
You must provide a detailed, accurate and precise description of the activities of the bidding person/entity, or one of its
parents, subsidiaries or affiliates, engaging in the investment activities in Iran on additional sheets provided by you.
Certification: I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any
attachments thereto to the best of my knowledge are true and complete. I attest that I am authorized to execute this
certification on behalf of the above-referenced person or entity. I acknowledge that Borough of Middlesex is relying on the
information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this
certification through the completion of any contracts with the Borough to notify the Borough in writing of any changes to the
answers of information contained herein. I acknowledge that I am aware that it is a criminal offense to make a false
statement or misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal prosecution
under the law and that it will also constitute a material breach of my agreement(s) with the Borough of Middlesex, New
Jersey and that the Borough at its option may declare any contract(s) resulting from this certification void and
unenforceable.
Full Name (Print)___________________________________ Signature: _______________________________________
Title _____________________________________________ Date:____________________
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BOROUGH OF MIDDLESEX
ACKNOWLEDGMENT OF RECEIPT OF ADDENDA
The undersigned Bidder hereby acknowledges receipt of the following Addenda:
ADDENDUM
NUMBER
DATE
ACKNOWLEDGE RECEIPT
(Initial)
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
No Addenda were received:
Acknowledged for:
(Name of Bidder)
By:
(Signature of Authorized Representative)
Name:
(Print or Type)
Title:
Date:
--- Document: BID: Conflict Borough Attorney ---
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PUBLIC NOTICE UNDER A FAIR AND OPEN PROCESS FOR THE SOLICITATION OF
QUALIFICATIONS AND RATES FOR CONFLICT MUNICIPAL ATTORNEY
FOR APPOINTMENT THROUGH DECEMBER 31, 2020
AND SPECIAL PROJECTS ON A PROJECT BY PROJECT BASIS
NOTICE IS HEREBY GIVEN that sealed submissions will be received by the Purchasing
Agent or designated representative, for Middlesex Borough, on WEDNESDAY, JANUARY 22, 2020
AT 11:00 am prevailing time, in the Municipal Building, 1200 Mountain Avenue, Middlesex, New
Jersey 08846, then publicly opened for the following positions:
•
CONFLICT MUNICIPAL ATTORNEY
All professional service contractors are required to comply with 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). The submission
package is printable from the website www.middlesexboro-nj.gov or may be obtained at the Clerk’s
Office, Municipal Building,1200 Mountain Avenue, Middlesex, New Jersey 08846 during regular
business hours (8:30 a.m. – 4:00 p.m.)
The Borough reserves the right to reject any or all submissions due to any defects or waive informalities
and accept any submissions that in their judgment will be in the best interest of the Borough. Questions
concerning this notice may be directed to Marcia Karrow (732) 356-7400 ext. 264.
Dated Advertised: January 7, 2020
Borough of Middlesex
1200 Mountain Avenue
Middlesex, New Jersey 08846
Carmen Modica
Purchasing Agent
PHONE: (732) 356-7400 ext. 237
FAX: (732) 356-7954
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2
BOROUGH OF MIDDLESEX
GENERAL INSTRUCTIONS
1. Introduction
The Borough of Middlesex, Middlesex County, State of New Jersey (hereinafter called the “OWNER”)
invites submissions for the service(s) mentioned in the Public Notice for Professional Services
Qualifications and Rates for 2020.
This contract is to furnish and deliver various professional services for the Borough of Middlesex
through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et. seq.
2. Administrative Conditions and Requirements
The following items express the conditions and requirements of this RFP. Together with the other RFP
sections, they apply to the RFP process, the subsequent contract, and project production. Any proposed
change, modification, or exception to these conditions and requirements may be the basis for the owner
to determine the proposal as non-responsive to the RFP and will be a factor in the determination of an
award of a contract. The contents of the proposal of the successful respondent, as accepted by the owner,
will become part of any contract awarded as a result of this RFP.
2.1 Proposal Submission Information
Submission Date and Time:
Wednesday, January 22, 2020 at 11:00am
One (1) Original signed in ink & one (1) copy of the RFP response.
Submission Office:
Clerk’s Office
1200 Mountain Avenue
Middlesex, NJ 08846
Each submission must be provided on a Standardized Submission Form as supplied in the submission
package and signed by the professional services entity or principal thereof. All prices and amounts must
be written in ink or preferably typewritten. Each signatory to the submission must initial all erasures or
corrections.
Each submission shall be contained in a sealed envelope addressed to: Purchasing Agent, Borough of
Middlesex, 1200 Mountain Ave., Middlesex, NJ 08846, and said envelope shall specify the appointment
Title/Professional Service for which the submission is provided. The submission is to be clearly marked
(indicating the category of the professional service) – “Sealed Submission Enclosed” (e.g. Borough
Auditor – sealed submission enclosed) and must be delivered at the place and time required or mailed
so as to be received prior to the opening time set in the advertisement. Submissions received after the
hour herein named or in unsealed envelopes shall not be considered. The original proposal shall be
signed in ink and marked to distinguish it from the one (1) copy. Faxed or emailed proposals will NOT
be accepted.
The 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.
Responses delivered before the submission date and time specified above may be withdrawn upon
written application of the respondent who shall be required to produce evidence showing that the
individual is or represents the principal or principals involved in the proposal. After the submission date
and time specified above, responses must remain firm for a period of sixty (60) days.
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The submission shall be accompanied by: (1) Non-Collusion Affidavit, (2) Disclosure of Ownership
Form, (3) Insurance Requirement Acknowledgement Form, (4) Mandatory Equal Employment
Opportunity Notice Acknowledgement, (5) Copy of the applicable Business Registration Certificate, (6)
Professional Services Entity Information Form, (7) Qualifications Submission, (8) List of Contribution,
(9) Disclosure of Investment Activities in Iran and (10) Acknowledgement of Corrections, Additions or
Deletions Form.
2.2 Borough Representative for this Solicitation
Questions by prospective respondents concerning this RFP may be addressed to Marcia Karrow in
writing via email mkarrow@middlesexboro-nj.gov. Please note the aforementioned contact is
authorized only to direct the attention of prospective respondents to various portions of the requirements
so that they may read and interpret each portion for themselves. NO employee of the Borough of
Middlesex is authorized to give interpretations of any portion of this RFP or to give information as to the
requirements for the RFP in addition to that already contained in the RFP unless as a formal addenda.
Interpretations of the RFP or additional information as to its requirements, when necessary, shall be
communicated to prospective respondents only by written addendum issued by the Purchasing Agent of
the Borough of Middlesex.
Please identify the contract name, and note Request for Information as the subject line when submitting
a request by fax or email.
2.3 Interpretations and Addenda
Respondents are expected to examine the RFP with care and observe all its requirements. All questions
about the meaning or intent of this RFP, all interpretations and clarifications considered necessary by the
owner’s representative in response to such comments and questions will be issued by Addenda mailed or
delivered to all parties recorded as having received the RFP package. Only comments and questions
responded to by formal written Addenda will be binding. Oral interpretations, statements or
clarifications are without legal effect.
2.4 Quantities of Estimate
Wherever the estimated quantities of work to be done are shown in any section of this RFP, including
the Proposal Cost Form, they are given for use in comparing proposals. The owner especially reserves
the right (except as herein otherwise specifically limited) to increase or diminish the quantities as may
be deemed reasonably necessary or desirable by the owner to complete the work detailed by the
contract. Such increase or diminution shall in no way violate this contract, nor shall any such increase or
diminution give cause for claims or liability for damages.
2.5 Cost Liability and Additional Costs
The owner assumes no responsibility and liability for costs incurred by the respondents prior to the
issuance of an agreement. The liability of the owner shall be limited to the terms and conditions of the
contract.
Respondents will assume responsibility for all costs not stated in their proposals. All unit rates either
stated in the proposal or used as a basis for its pricing are required to be all-inclusive. Additional
charges, unless incurred for additional work performed by request of the owner as noted in 2.4, are not
to be billed and will not be paid.
2.6 Statutory and Other Requirements
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2.6.1 Compliance with Laws
Any contract entered into between the contractor and the owner must be in accordance with and subject
to compliance by both parties with the New Jersey Local Public Contracts Law. The contractor must
agree to comply with the non-discrimination provisions and all other laws and regulations applicable to
the performance of services there under. The respondent shall sign and acknowledge such forms and
certificates as may be required by this section.
2.6.2 Mandatory EEO/Affirmative Action Compliance - N.J.S.A 10:5-31 et seq. and N.J.A.C 17:27
et seq.
No firm shall be issued a contract unless it complies with the EEO/Affirmative Action requirements of
P. L. 1975, C. 127 as identified in the documents attached hereto. The form shall be properly executed.
2.6.3 Americans with Disabilities Act of 1990 - 42 U.S.C. S121 01 et seq.
Discrimination on the basis of disability in contracting for the delivery of services is prohibited.
Respondents are required to read American with Disabilities language that is part of the documents
attached hereto and agree that the provisions of Title II of the Act are made part of the contract. The
contractor is obligated to comply with the Act and hold the owner harmless.
2.6.4 Statement of Corporate Ownership-Stockholder Disclosure - N.J.S.A. 52:25-24.2 (P.L. 1977
c.33)
In accordance with N.J.S.A. 52:25-24.2, no corporation, partnership, limited partnership, limited liability
corporation, limited liability partnership, Subchapter S corporation or sole proprietorship, shall be
awarded a contract, unless prior to the receipt of the RFP response/bid or accompanying the RFP
response/bid of the corporation, partnership, limited partnership, limited liability corporation, limited
liability partnership, Subchapter S corporation or sole proprietorship, there is submitted to the Borough a
statement setting forth the names and addresses of all stockholders who own 10% or more of the stock,
of any class or of all individual partners who own a 10% or greater interest in the corporation,
partnership, limited partnership, limited liability corporation, limited liability partnership, Subchapter S
corporation or sole proprietorship. If one or more such stockholder or partner is itself a corporation or
partnership, the stockholders holding 10% or more of that corporation’s stock, or the individual partners
owning 10% or greater interest in that partnership, as the case may be, shall also be listed. The
disclosure shall be continued until names and addresses of every non-corporate stockholder and
individual partner, exceeding the 10% ownership criteria established in this act has been listed. The form
shall be signed and submitted with the RFP proposal/bid whether or not a stockholder or partner owns
less than 10% of the business submitting the RFP proposal/bid. Failure to comply requires mandatory
rejection of the RFP proposal/bid. The Respondent shall complete and submit the form of statement that
is included in this RFP.
2.6.5 Non-Collusion Affidavit - N.J.S.A. 52:34-15
The Non-Collusion Affidavit, which is part of this RFP, shall be properly executed and submitted with
the RFP response.
2.6.6 Proof of N.J. Business Registration Certificate N.J.S.A. 52:32-44
Each bidder (contractor) is required to submit proof of business registration prior to award of the
contract. Proof of registration shall be a copy of the bidder’s Business Registration Certificate (BRC).
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 obtain and provide the owner the BRC of subcontractors knowingly
used on this contract.
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2. The contractor shall maintain and submit to the contracting agency a list of
subcontractor’s and their addresses that may be updated from time to time during the
course of the contract performance. A complete and accurate list shall be submitted
before final payment is made for goods and services rendered under the contract.
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 taxable sales of tangible personal
property delivered into the State.
Failure to submit the BRC with the proposal is NOT a cause for rejection. However, the Borough
prefers the BRC be submitted with the proposal. If it is not provided prior to execution of a contract the
bidder’s bid guarantee shall be forfeited and the contract shall be awarded to the next lowest responsible
bidder.
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 $25.00 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.
A BRC is obtained from the New Jersey Division of Revenue and Enterprise Services. Information on
obtaining a BRC is available on the internet at www.nj.gov/treasury/revenue/busregcert.shtml or by
phone at (609) 292-2929.
Emergency Purchases or Contracts
For purchases of an emergent nature, the contractor shall provide its Business Registration Certificate
within two weeks from the date of purchase or execution of the contract or prior to payment for goods or
services, whichever is earlier.
2.6.7 Pay to Play – Notice of Disclosure Requirement
Business entities are advised of their responsibility to file an annual disclosure statement of political
contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A.
19:44A-20.27 if they receive contracts in excess of $50,000 from public entities in a calendar year.
Business entities are responsible for determining if filing is necessary. Additional information on this
requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.
2.6.8 Assign, Sublet or Transfer Any Rights/Interests
Neither the owner nor the Contractor shall assign, sublet, or transfer any rights or interest in this
Agreement without the prior written consent of the other party. Unless specifically stated to the contrary,
in writing, prior to an assignment, no assignment will release or discharge the assignor from any duty or
responsibility under this Agreement. Nothing herein shall be construed to give any rights or benefits to
anyone other than the owner and the Contractor.
2.6.9 Insurance and Indemnification
If it becomes necessary for the contractor, either as principal or by agent or employee, to enter upon the
premises or property of the owner in order to construct, erect, inspect, make delivery or remove property
hereunder, the contractor hereby covenants and agrees to take use, provide and make all proper,
necessary and sufficient precautions, safeguards, and protection against the occurrence of happenings of
any accident, injuries, damages, or hurt to person or property during the course of the work herein
covered and be his/her sole responsibility.
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The contractor shall maintain sufficient insurance to protect against all claims under Workers
Compensation, General Liability and Automobile and shall be subject to approval for adequacy of
protection and certificates of such insurance shall be provided.
Indemnification
The contractor agrees to indemnify and save harmless the owner, its officers, agents and employees,
hereinafter referred to as indemnitees, from all suits, including attorney’s fees and costs of litigation,
actions, loss damage, expense, cost of claims, of any character or on account of any act, claim or amount
arising or recovered under Worker’s Compensation law, or arising out of failure of the Contractor or
those acting under Contractor to conform to any statutes, ordinances, regulations, law or court decree. It
is the intent of the parties to this contract that the indemnities shall, in all instances, except for loss or
damage resulting from the sole negligence of the indemnitee, be indemnified against all liability, loss or
damage of any nature whatsoever.
Insurance Requirements:
Worker’s Compensation and Employer’s Liability Insurance
This insurance shall be maintained in full force during the life of this contract by the contractor covering
all employees engaged in performance of this contract pursuant to N.J.S.A. 34:15-12(a) and N.J.A.C.
12:235-1.6. Minimum Employer’s Liability $1,000,000.00.
General Liability Insurance
This insurance shall have limits of not less than $3,000,000.00 any one person and $3,000,000.00 any
one accident for bodily injury and $3,000,000.00 aggregate for property damage, and shall be
maintained in force during the life of the contract.
Automobile Liability Insurance
This insurance covering contractor for claims arising from owned, hired and non-owned vehicles with
limits of not less than $3,000,000.00 any one person and $3,000,000.00 any one accident for bodily
injury and $3,000,000.00 each accident for property damage, shall be maintained in force during the life
of this contract by the contractor.
Professional Liability/Malpractice Insurance Policy (if applicable)
Coverage in the amount of $2,000,000.00/occurrence, $4,000,000.00 aggregate and assurance that each
such policy for each staff member remains full and in effect while providing services for owner.
The contractor shall provide the owner with a Certificate of Insurance naming the Borough of Middlesex
as additionally insured, evidencing the existence of required insurance prior to the commission of work.
Said insurance must include coverage for complete operations, contractual insurance and independent
contractor or subcontractor insurance, where and if applicable.
Errors and Omissions Insurance
A.
The contractor shall purchase and maintain during the entire period of this contract, errors
and omissions insurance that shall protect the contractor and the Borough from any and all
claims that may arise out of or result from the contractor’s performance of this contract.
Specifically, the errors and omissions insurance shall have limits of not less than
$2,000,000.00 dollars per occurrence and $4,000,000.00 dollars in the aggregate.
B.
Certificates of the Required Insurance
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Certificates as listed above shall be submitted along with the contract as evidence covering
Errors and Omissions insurance. Such coverage shall be with acceptable insurance
companies operating on an admitted basis in the State of New Jersey.
The contractor shall provide the Borough with a Certificate of Insurance naming the
Middlesex Borough, its employees, officers, and agents as additionally insured, and
evidencing the existence of required insurance prior to the commission of work.
Middlesex Borough will not accept Mutual Limitation of Liability terms.
2.6.10 Health Insurance Portability and Accountability Act of 1996 - HIPAA (If Applicable)
Both parties agree to comply with all requirements of the Federal Health Insurance Portability and
Accountability Act of 1996 (“HIPAA”) as maybe amended from time to time, and the corresponding
HIPAA regulations for the confidentiality and security of medical information.
The Contractor shall:
• Not use or disclose protected health information other than as permitted or required by law
• Use appropriate safeguards to protect the confidentiality of the information
• Report any use or disclosure not permitted
The contractor, by execution of the contract, shall thereby indemnify and hold the owner harmless from
any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the
failure of the contractor to comply with the requirements of the Health Insurance Portability and
Accountability Act (HIPAA) or any other statute or case law protecting the privacy of persons using its
services.
2.6.11 Proof of Licensure
Proof of licensure for providing Services in the State of New Jersey, for either the firm or the person
responsible for the work, shall be provided as required.
2.6.12 Disclosure of Investment Activities in Iran – P.L. 2012, c. 25
P.L. 2012, c.25 prohibits State and local public contracts with persons or entities engaging in certain
investment activities in energy or finance sectors of Iran.
2.7 Public Emergency
In the event of a Public Emergency declared at the Local, State or Federal Level, if the owner opts to
extend terms and conditions of this RFP, the contractor agrees to extend the terms and conditions of this
RFP, whether existing, expiring or expired no longer than six months, for goods and/or services for the
duration of the emergency. In the event the original contractor cannot meet this requirement, the owner
may solicit the goods and/or services from any bidder on this contract.
2.8 Multiple Proposals Not Accepted
More than one proposal from an individual, a firm or partnership, a corporation or association under the
same or different names shall not be considered.
2.9 Failure to Enter Contract
Should the respondent, to whom the contract is awarded, fail to enter into a contract within ten (10)
days, Sundays and holidays excepted, the owner may then, at its option, accept the proposal of another
respondent.
2.10 Commencement of Work
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The contractor agrees to commence work after the date of award by the owner and upon notice from the
using department.
2.11 Time of Completion
It is hereby understood and mutually agreed, by and between the respondent and the owner, that the date
on which the work shall be substantially complete as specified in the RFP is an essential condition of
this contract. It is further mutually understood and agreed that the work and contract time embraced in
this Contract shall commence on the date specified and that the resulting contract shall be completed in
sequence and time frames identified by the owner.
The respondent agrees that said services shall be processed regularly, diligently, and uninterruptedly at
such rate of progress as will insure full completion thereof within the time specified. It is expressly
understood and agreed, by and between the respondent and the owner, that the time of completion of the
services described herein is a reasonable time for the completion of it.
2.12 Termination of Contract
If, through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations under
the Contract or if the contractor violates any requirements of the Contract, the owner shall thereupon
have the right to terminate the Contract by giving written notice to the contractor of such termination at
least thirty (30) days prior to the proposed effective date of the termination. Such termination shall
relieve the owner of any obligation for the balances to the contractor of any sum or sums set forth in the
Contract.
The contractor agrees to indemnify and hold the owner 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 owner under this provision.
In case of default by the contractor, the owner may procure the articles or services from other sources
and hold the contractor responsible for any excess cost occasioned thereby.
2.13 Non-Allocation of Funding Termination
Each fiscal year payment obligation of the Owner is conditioned upon the availability of Owner funds
appropriated or allocated for the payment of such an obligation. If funds are not allocated and available
for the continuance of any services performed by the Contractor hereunder, whether in whole or in part,
the Owner at the end of any particular fiscal year may terminate such services. The Owner will notify
the Contractor in writing immediately of any services that will be affected by a shortage of appropriated
funds. This provision shall not be construed so as to permit the Owner to terminate this Agreement
during the term, or any service hereunder, merely in order to acquire identical services from a third party
contractor.
2.14 Force Majeure
Neither party shall be responsible for any resulting loss or obligation to fulfill duties as specified in any
of the terms or provisions of this Agreement if the fulfillment of any term or provision of this
Agreement is delayed or prevented by any revolutions, insurrections, riots, wars, acts of enemies,
national emergencies, strikes, floods, fires, acts of God, or by any cause not within the control of the
party whose performance is interfered with which by the exercise of reasonable diligence such party is
unable to prevent. Additionally, if the fulfillment of any of the terms and provisions of this Agreement
is delayed or prevented by any court order, or action or injunction or other such agreement, this
Agreement shall become voidable by the Borough of Middlesex by notice to each party.
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2.15 The owner and the Contractor each bind themselves and their successors, executors,
administrators, heirs and assigns and legal representatives of the other party respecting all covenants and
agreements and obligations of this contract.
2.16 The terms of this contract shall be construed and interpreted, and all respective rights and duties of
the parties shall be governed by the laws of the State of New Jersey.
2.17 Challenge of Specifications
Any respondent who wishes to challenge a specification shall file such challenge in writing with the
Purchasing Agent no less than three (3) business days prior to the opening of the RFP's.
Challenges filed after that time shall be considered void and having no impact on the owner or the award
of contract.
2.18 Payment
Invoices shall be submitted monthly and must specify, in detail, the period for which payment is
claimed, the services performed during the prescribed period, the amount claimed and correlation
between the services claimed, all backup documentation (mileage, time logs, receipts for expenses, etc.),
amount remaining in total balance, and the Proposal Cost Form.
The Borough of Middlesex will provide a sample Progress Report and Invoice for the Hired Consultant
to ensure compliance.
The owner may withhold all or partial payments on account of subsequently discovered evidence
including but not limited to the following:
1. Deliverables not complying with the project specification;
2. Claims filed or responsible evidence indicating probability of filing claims;
3. A reasonable doubt that the Contract can be completed for the balance then unpaid.
When the above grounds are removed, payment shall be made for amounts withheld because of them.
Invoices shall specify, in detail, the period for which payment is claimed, the services performed during
the prescribed period, the amount claimed and correlation between the services claimed and the Proposal
Cost Form.
2.19 Non-payment of Penalties and Interest on Overdue Bills
Public funds may be used to pay only for goods delivered or services rendered. The Borough of
Middlesex will not pay penalties and/or interest on overdue bills. No employee is authorized to sign a
letter of credit or any other document that represents a legal commitment on the part of the Borough to
pay additional fees.
2.20 Ownership of Material
The owner shall retain all of its rights and interest in any and all documents and property both hard copy
and digital furnished by the owner to the contractor for the purpose of assisting the contractor in the
performance of this contract. All such items shall be returned immediately to the owner at the expiration
or termination of the contract or completion of any related services, pursuant thereto, whichever comes
first. None of the documents and/or property shall, without the written consent of the owner, be
disclosed to others or used by the contractor or permitted by the contractor to be used by their parties at
any time except in the performance of the resulting contract.
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Ownership of all data, materials and documentation originated and prepared for the owner pursuant to
this contract shall belong exclusively to the owner. All data, reports, computerized information,
programs and materials related to this project shall be delivered to and become the property of the owner
upon completion of the project. The contractor shall not have the right to use, sell, or disclose the total of
the interim or final work products, or make available to third parties, without the prior written consent of
the owner.
Under state and federal statutes, certain government records are protected from public disclosure. The
Borough, the Contractor and any Subcontractors have a responsibility and an obligation to safeguard
from public access an employee's personal information with which it has been entrusted when disclosure
thereof would violate the employee's reasonable expectation of privacy. All payroll, personnel and
health insurance related files are confidential. Additionally the Contractor and any Subcontractors may
be privy to sensitive law enforcement information or investigations during their review which must
remain confidential. The Borough reserves the right to make any public disclosure under the law. Also
among government records deemed confidential are administrative or technical information regarding
computer hardware, software and networks that, if disclosed, would jeopardize computer security. The
Contractor and any Subcontractor(s) are prohibited from the sale or distribution of all supplied
information to any third party.
2.21 Source of Specifications/RFP Packages
Official Request for Proposal (RFP) packages for routine goods and services are available from
www.middesexboro-nj.gov at no cost to the prospective respondents. All addenda are posted on this
site. Potential respondents are cautioned that they are responding at their own risk if a third party
supplied the specifications that may or may not be complete. The Borough is not responsible for third
party supplied RFP documents.
2.22 Altering Official Document
Respondents shall not write in any margins or alter the official content of Borough’s RFP document.
2.23 RFP Preparation of Forms
RFPs must be signed in ink by the respondent; all quotations shall be made with a typewriter/computer
or pen and ink. Any quotation showing any erasure alteration must be initialed by the respondent in ink.
Unit prices and totals are to be inserted in spaces provided.
2.24 W-9
Successful bidder/respondent shall complete W-9 Form and submit to Finance prior to contract award.
The form is available at the following link: www.irs.gov/pub/irs-pdf/fw9.pdf
3. Scope of Work (SOW)
The following is a description of the professional services needed, including where appropriate, a
description of tasks involved:
LEGAL COUNSEL – CONFLICT MUNICIPAL ATTORNEY. The Borough requires general legal
counsel. The minimum threshold criteria that will be utilized for the evaluation of the responses shall be
as follows:
1)
Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2)
Evidence of professional liability insurance
3)
Experience in field of municipal law representing governmental entities including
preparation of ordinances and resolutions, tax appeals, property acquisitions, knowledge of
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rehabilitation laws and tax abatement laws and condemnation proceedings for a minimum of
five (5) years
4)
Knowledge of the Borough and its operation
5)
Draft or approve as to form and sufficiency all legal documents, contracts, deeds, ordinances
and resolutions made, executed or adopted by or on behalf of the Borough
6)
With appropriate approval, conduct appeals from orders, decisions or judgments affecting
any interest of the Borough as the Conflict Attorney may in his/her discretion determine to be
necessary or desirable, or as directed by Mayor and Council
7)
Subject to the approval of Mayor and Council, have the power to enter into any agreement,
compromise or settlement of any litigation in which the Borough is involved
8)
Render opinions in writing upon any question of law submitted to the Conflict Attorney by
the Mayor, Council, or any member thereof, or the head of any department, with respect to
their official powers and duties and shall perform such other duties as may be necessary to
provide legal counsel to the Mayor, Borough Council and Clerk in the administration of the
municipal affairs
9)
Supervise and direct the work of such additional attorneys and technical professional
assistants as the Council may authorize for special or regular employment in or for the
Borough; and
10)
Have such other different functions, powers and duties as may be provided by general law or
ordinance
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BOROUGH OF MIDDLESEX
EXCEPTIONS
For each exception, the bidder must identify the specific section of specifications by providing the number and
title the exception applies to. It is the responsibility of the bidder to document the equivalence claim in
writing. Submitting product brochures is not an acceptable claim of equivalence.
(IF NONE SO STATE)
USE ADDITIONAL SHEET IF NECESSARY
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4.
Proposal Requirements
4.1 Qualification Statement
A statement is to be provided by the respondent who will serve as the primary contractor. The statement
shall set forth brief details of the firm's principal activities, the number of personnel in the firm and the
firm's location. Please provide a list of (3) three clients for whom similar services have been provided.
Include the following in your response:
1. Name of government agency.
2. Contact person’s name, position, and current telephone number.
3. Dates, cost and scope of service.
4. Status and comments
4.2 Key Personnel Information
The respondent shall provide the identity and the professional credentials of the principals and other key
personnel either working for the contractor and their areas of responsibilities.
4.3 Subcontractors
Respondents may engage the services of subcontractors for completion of this project. If their proposal
involves any subcontractors, full details on the nature of the work to be performed by them and the
location in which the work is to be performed must be provided. The respondent understands that if
selected, the owner prior to initiating any subcontracted work, must approve the use of subcontractors in
writing.
4.4 Proposal Forms
The following forms are contained in the attachments. All forms are required and shall be completed
and made part of the proposal submitted.
1. Non-Collusion Affidavit
2. Stockholder Disclosure
3. Insurance Requirement Acknowledgement Form
4. Affirmative Action Statement
5. Proposal Cost/Signature Form
6. Qualifications Submission Form
7. Professional Service Entity Information Form
8. Acknowledgement of Receipt of Addenda
9. List of Contribution
10. Disclosure of Investment Activities In Iran
4.5 Location of Servicing Office
The proposal must list the location and address of the present, active office that will service and manage
this contract.
5.
Evaluation, Review and Selection Process
5.1 Proposals to Remain Subject to Acceptance
RFP responses shall remain open for a period of sixty (60) calendar days from the stated submittal. The
owner will either award the Contract within the applicable time period or reject all proposals.
The owner may extend the decision to award or reject all proposals beyond the sixty (60) calendar days
when the proposals of any respondents who consent thereto may, at the request of the owner, be held for
consideration for such longer period as may be agreed.
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5.2 Rejection of Proposals
The owner reserves the right to reject any or all proposals, or to reject any proposals if the evidence
submitted by, or investigation of such respondent fails to satisfy the owner that such respondent is
properly qualified to carry out the obligations of the RFP and to complete the work contemplated
therein. The owner reserves the right to waive any minor informality or reject any/or all submissions in
accordance with the Fair & Open Public Solicitation Process for professional services(s) pursuant to P.L.
2004, c.19 (N.J.S.A. 19:44A-20.4 et seq.) in the RFP.
5.3 Evaluation Process
An evaluation team will review all proposals to determine if they satisfy the Proposal Requirements,
determine if a proposal should be rejected and evaluate the proposals based upon the Evaluation Criteria.
The highest-ranking respondent will then be recommended to the governing body for award of contract,
based on most advantageous price and other factors. The Borough reserves the right to reach out to the
respondents to get clarification on Proposals on specific items if necessary during the deliberation
process.
Evaluation Team – RFP respondents are prohibited from contacting any member of the evaluation team
directly without a formal invitation. If it is found that a respondent has attempted to discuss their
proposal with a team member without an invite then their proposal may be deemed unresponsive. All
questions during the evaluation period shall be directed to the Purchasing Agent.
5.4 Evaluation Criteria
The criteria considered in the evaluation of each proposal follows. The arrangement of the criteria is not
meant to imply order of importance in the selection process. All criteria will be used to select the
successful respondent.
This will be based on the quality of the content of the RFP and the respondent's ability to communicate a
thorough understanding of the required tasks and the approach to meet the scope of work outlined in the
RFP. The proposals will be evaluated for general compliance with instructions and requests issued in
the RFP. Non-compliance with significant instructions will be grounds for disqualification of proposals.
5.4.1 Understanding of the Requested Work
The proposals will be evaluated for general compliance with instructions and requests issued in the RFP.
Non-compliance with significant instructions shall be grounds for disqualification of proposals.
5.4.2 Knowledge and Technical Competence
This includes the ability of the respondent to perform all of the tasks and fulfill adequately the stated
requirements.
5.4.3 Management, Experience and Personnel Qualifications
Expertise of the firm shall be demonstrated by past contract successes providing government agencies
with similar services. The respondent will be evaluated on knowledge, experience, prior collaboration
and successful completion of projects/services similar to that requested in this RFP.
In addition to relevant experience, respondents shall provide personnel qualifications in the Proposal.
(See 4.1 and 4.2).
5.4.4 Ability to Complete the Project/Services in a Timely Manner
This is based on the estimated duration of the tasks and the respondent’s ability to accomplish these
tasks as stated.
5.4.5 Cost
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Price shall be based on amount stated on the proposal cost form. Total overall costs to complete the
project, the cost of maintenance, training, etc., or price shall be based on hourly rates and schedules of
fees submitted with the proposal. Any services not included as part of any resulting contract scope of
services must be approved and authorized by the owner before such work is initiated. The owner shall
pay for such approved services, at the rate or cost agreed upon between the owner and contractor,
provided the respondent has provided a schedule of fees for additional services with this RFP.
5.5 Term of the contract
The term of this contract is January 1, 2020– December 31, 2020. (Options to extend may be exercised
by mutual agreement in accordance with terms of N.J.S.A. 40A:11-4.1 et seq.)
5.6 Notice of Award
The successful respondent will be notified of the award of contract upon a favorable decision by the
governing body.
6.
List All Contributions
List all contributions, including in-kind contributions you or your firm/company (including all
equitable owners/members thereof) have made to any campaign or candidate for any public
office in Middlesex Borough or Middlesex County in 2018-2019. Include amount(s) of such
contribution(s) and the candidate(s) or committees to whom such amounts were given.
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16
BOROUGH OF MIDDLESEX
CHECKLIST
PROFESSIONAL SERVICE TITLE: _________________________________________________
Please fill in the appropriate title in the space above.
SUBMISSION DATE: Wednesday, January 22, 2020 at 11:00am
The following items, as indicated below (X), shall be provided with the receipt of sealed submissions:
1. Non-Collusion Affidavit …………………………….……………………………… ___X____
2. Stockholder Disclosure Certification ……………………………………….…………. ___X____
3. Insurance Requirement Acknowledgement Form …………..……….……………… ___X____
4. Mandatory Equal Employment Opportunity Notice Acknowledgement ………………___X____
5. Copy of your Business Registration Certificate as issued by the State of
New Jersey, Department of Treasury, Division of Revenue ...……………………….. ___X____
6. Professional Service Entity Information Form ……………………….………………. ___X____
7. Qualifications Submission Form…….………………………………………….……… ___X____
8. List of Contribution(s)………………..………………………….……………………… ___X____
9. Disclosure of Investment Activities in Iran………………………….…………………. ___X____
10. Acknowledgement of Corrections, Additions or Deletions Form …………………. ___X____
Reminder
Please submit one (1) original and one (1) additional set of the sealed submission.
Each submission shall be contained in a sealed envelope addressed to: Purchasing Agent,
Borough of Middlesex, 1200 Mountain Ave., Middlesex, NJ 08846 or in the preprinted
envelope supplied with the submission package when available, and said envelope shall
specify the Appointment Title/Professional Service for which the submission is provided.
The submission is to be clearly marked (indicating the category of the professional service) –
“Sealed Submission Enclosed” (e.g. Borough Auditor – sealed submission enclosed) and
must be delivered at the place and time required or mailed so as to be received prior to the
opening time set in the advertisement.
Submissions received after the hour herein named or in unsealed envelopes shall not be
considered.
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BOROUGH OF MIDDLESEX
BID PROPOSAL FORM/SIGNATURE PAGE
TO THE BOROUGH OF MIDDLESEX:
The undersigned declares that he/she has read the Notice, Instructions, Affidavits and Scope of
Services attached, that he/she has determined the conditions affecting the bid and agrees, if this
bid is accepted, to furnish and deliver services per the following:
PROFESSIONAL SERVICES
FEE SCHEDULE SUBMITTED Yes No
(Corporation)
The undersigned is a (Partnership) under the laws of the State of __________________________ having its
(Individual)
Principal office at
Company
Federal I.D. # or Social Security #
Address
Signature of Authorized Agent
Type or Print Name
Title of Authorized Agent
Date
Telephone Number
Email Address
Fax Number
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18
LIST ALL CONTRIBUTION(S)
2018-2019
List all contributions, including in-kind contributions you or your firm/company (including all
equitable owners/members thereof) have made to any campaign or candidate for any public office
in Middlesex Borough or Middlesex County in 2018-2019. Include amount(s) of such contribution(s)
and the candidate(s) or committees to whom such amounts were given.
Name of Campaign or Candidate
Amount of Contribution
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
By signing below you acknowledge that you or your firm/company (including all equitable
owners/members thereof), have not made any contributions to any campaign or candidate for any
public office in Middlesex Borough or Middlesex County in 2018-2019.
COMPANY: ______________________________ PRINT NAME: ____________________________
SIGNATURE:___________________________ TITLE: __________________________________
DATE: __________________
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BOROUGH OF MIDDLESEX
QUALIFICATIONS SUBMISSION FORM
1.
Names and roles of the individuals who will perform the services and description of
their education and experience with projects similar to the services contained herein
including their education, degrees and certifications:
2.
References and record of success of same or similar service:
3.
Description of ability to provide the services in a timely fashion (including staffing,
familiarity and location of key staff):
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20
4. Cost details, including the hourly rates of each of the individuals who will perform
services, including their title, level of expertise and years of experience, and all expenses:
Firm __________________________________________ Date: _________________________
Authorized Representative (Print):___________________________________________________
Signature: ________________________ Title:________________________________________
Telephone #: _____________________ Fax #: ______________________________________
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21
BOROUGH OF MIDDLESEX
PROFESSIONAL SERVICE ENTITY INFORMATION FORM
If the Professional Service Entity is an INDIVIDUAL, sign name and give the following information:
Name:______________________________________________________________________________________________
Address:_____________________________________________________________________________________________
Telephone No.: ____________________Social Security No.:___________________________________________________
Fax No.: _______________________ E-Mail: _____________________________________________________________
If individual has a TRADE NAME, give such trade name:
Trading As: _________________________________ Telephone No.: ___________________________________________
****************************************************************************************************
If the Professional Service Entity is a PARTNERSHIP, give the following information:
Name of
Partners:_____________________________________________________________________________________________
Firm
Name:_______________________________________________________________________________________________
Address:_____________________________________________________________________________________________
Telephone No.: ____________________________ Federal I.D. No.:_____________________________________________
Fax No.: ______________________ E-Mail:_______________________________________________________________
Social Security No.:___________________________________________________________________________________
Signature of authorized agent:____________________________________________________________________________
****************************************************************************************************
If the Professional Service Entity is INCORPORATED, give the following information:
State under whose laws incorporated:_____________________________________________________________________
Location of principal office:_____________________________________________________________________________
Telephone No.: ____________________ Federal I.D. No.: ____________________________________________________
Fax No.: _______________________ E-Mail:_______________________________________________________________
Name of agent in charge of said office upon whom notice may be legally served:
____________________________________________________________________________________________________
Telephone No.: ___________________Name of Corporation: __________________________________________________
Signature: By: __________________________________________________________
Title: Address: ______________________________________________________________
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BOROUGH OF MIDDLESEX
OWNERSHIP STATEMENT - STOCKHOLDER DISCLOSURE FORM
LEGAL NAME OF BIDDER: ___________________________________________________________
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
Other, Please List __________________________________
List the names and addresses of all stockholders who own ten (10%) percent or more of the above company’s stock, and if
there are NO STOCKHOLDERS OF 10% OR MORE, simply check the second box below. If one or more such
stockholders or partner is itself a corporation or partnership, the stockholders holding 10% or more of that corporation's
stock, or the individual partners owning 10% of that corporation's stock, or the individual partners owning 10% or greater
interest in that partnership, as the case may be, must also be listed.
The disclosure shall be continued until names and addresses of every person who is a non-corporate
stockholder, or individual partner, exceeding the 10% ownership criteria established in this act, has been
listed, in full compliance with Chapter 33 of the New Jersey Public Laws of 1977.
BIDDERS/RESPONDENTS MUST CHECK THE APPROPRIATE BOX:
I certify that the list below contains the names and addresses of all stockholders holding 10% or more of the issued
and outstanding stock of the undersigned.
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned.
Publicly Traded - For publicly traded entities to comply with N.J.S.A. 52:25-24.2 they may submit the name and address
of each publicly traded entity, and the name and address of each person holding 10% or more beneficial interest in the
publicly traded entity as of the last annual filling with the Security Exchange Commission (SEC), or foreign equivalent
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing, or foreign equivalent:
____________________________________________________________________________________________
The requested information is available on the following page number(s) of the SEC, or foreign equivalent, filing:
____________________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
(Note: Attach additional pages if necessary)
________________________________________________________________
______________
(Respondent/Respondent Authorized Signature)
(Date)
___________________________________________
______________________________________
(Print name of authorized signatory)
(Title)
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BOROUGH OF MIDDLESEX
INSURANCE REQUIREMENTS AND ACKNOWLEDGEMENT FORM
Certificate(s) of Insurance shall be filed with the Borough Clerk’s Office upon award of
contract by the Mayor and Borough Council.
The minimum amount of insurance to be carried by the Professional Service Entity shall
be as follows:
PROFESSIONAL LIABILITY INSURANCE
Limits shall be a minimum of $1,000,000.00 for each claim and $1,000,000.00
aggregate each policy period.
Acknowledgement of Insurance Requirement:
________________________________________________________________
(Signature)
(Date)
________________________________________________________________
(Printed Name and Title)
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BOROUGH OF MIDDLESEX
NON-COLLUSION AFFIDAVIT
State of _____________
County of _____________
ss:
I, _____________________________ of the City of _______________________________
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 bidder making this Proposal for the above named project, and that I executed the said proposal
with full authority so to do; that said bidder has not, directly or indirectly entered into any
agreement, participated in any collusion, or otherwise taken any action in restraint of free,
competitive bidding in connection with the above named project; and that all statements contained
in said proposal and in this affidavit are true and correct, and made with full knowledge that the
Borough of Middlesex 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_________________________________.
(Name of Contractor)
(N.J.S.A. 52:34-15)
Subscribed and sworn to
Before me this _______day
Of ___________, _______.
Signature
(Type or print name of affiant under signature)
_______________________________________
Notary public of
My Commission expires ___________________.
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EXHIBIT A
EEO/AFFIRMATIVE ACTION COMPLIANCE NOTICE
N.J.S.A. 10:5-31 and N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance
to the Borough and Division of Public Contracts Equal Employment Opportunity Compliance. During
a review, Division representatives will review the Borough files to determine whether the
affirmative action evidence has been submitted by the vendor/contractor. Specifically, each
vendor/contractor shall submit to the Borough, prior to execution of the contract, one of the
following documents:
Goods and General Service Vendors
1. Letter of Federal Approval indicating that the vendor is under an existing federally approved or
sanctioned affirmative action program. A copy of the approval letter is to be provided by the
vendor to the Borough and the Division. This approval letter is valid for one year from the date
of issuance.
Do you have a federally-approved or sanctioned EEO/AA program?
Yes
No
If yes, please submit a photo static copy of such approval.
2. A Certificate of Employee Information Report (hereafter “Certificate”), issued in accordance with
N.J.A.C. 17:27-1.1 et seq. The vendor must provide a copy of the Certificate to the Borough as
evidence of its compliance with the regulations. The Certificate represents the review and
approval of the vendor’s Employee Information Report, Form AA-302 by the Division. The
period of validity of the Certificate is indicated on its face. Certificates must be renewed prior to
their expiration date in order to remain valid.
Do you have a State Certificate of Employee Information Report Approval?
Yes
No
If yes, please submit a photo static copy of such approval.
3. The successful vendor shall complete an Initial Employee Report, Form AA-302 and submit it to
the Division with $150.00 Fee and forward a copy of the Form to the Borough. Upon submission
and review by the Division, this report shall constitute evidence of compliance with the
regulations. Prior to execution of the contract, the EEO/AA evidence must be submitted.
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on
the Division website www.state.nj.us/treasury/contract_compliance.
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal
Employment Opportunity Compliance, with a copy to Public Agency.
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 and N.J.A.C. 17:27 and agrees to furnish the required forms of
evidence.
The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27.
COMPANY: ______________________________ SIGNATURE: ____________________________
PRINT NAME:___________________________ TITLE: __________________________________
DATE: __________________
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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 Borough employment goals
established in accordance with N.J.A.C. l7:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited
to, employment agencies, placement bureaus, colleges, universities, 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 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 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 www.state.nj.us/treasury/contract_compliance).
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.
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SAMPLE CERTIFICATE OF EMPLOYEE INFORMATION REPORT
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28
BOROUGH OF MIDDLESEX
AMERICANS WITH DISABILITIES ACT OF 1990
Equal Opportunity for Individuals with Disability
The Contractor and the Owner, do hereby agree that the provisions of Title 11 of the Americans
With Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 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 owner
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 owner in any action or administrative proceeding commenced pursuant
to this Act. The contractor shall indemnify, protect, and save harmless the 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 owner’s
grievance procedure, the contractor agrees to abide by any decision of the owner which is rendered
pursuant to said grievance procedure. If any action or administrative proceeding results in an
award of damages against the owner, or if the 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 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 owner or any of its agents, servants, and
employees, the owner shall expeditiously forward or have forwarded to the contractor every
demand, complaint, notice, summons, pleading, or other process received by the owner or its
representatives.
It is expressly agreed and understood that any approval by the 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 owner pursuant to this
paragraph.
It is further agreed and understood that the 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 owner from taking any other actions available to it
under any other provisions of the Agreement or otherwise at law.
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BOROUGH OF MIDDLESEX
THESE ARE SAMPLES OF THE ONLY ACCEPTABLE
BUSINESS REGISTRATION CERTIFICATES
PREFER SUBMITTED WITH BID RESPONSE
REQUIRED BY LAW PRIOR TO AWARD OF CONTRACT
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BOROUGH OF MIDDLESEX
DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
BID/RFP/Solicitation Number:
Bidder/Offeror:
Part 1: Certification
BIDDERS ARE TO COMPLETE PART 1 BY CHECKING EITHER BOX
Pursuant to Public Law 2012, c. 25, any person or entity that submits a bid or proposal or otherwise proposes to enter into
or renew a contract must complete the certification below to attest, under penalty of perjury, that neither the person or
entity, nor any of its parents, subsidiaries, or affiliates, is identified on the Department of the Treasury’s Chapter 25 list as a
person or entity engaging in investment activities in Iran. The Chapter 25 list is found on the Division’s website at
http://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf. Bidders must review this list prior to completing the
below certification. Failure to complete the certification may render a bidder’s proposal non-responsive. If the Director
finds a person or entity to be in violation of the law, s/he shall take action as may be appropriate and provided by law, rule
or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party
in default and seeking debarment or suspension of the party.
PLEASE CHECK THE APPROPRIATE BOX:
I certify, pursuant to Public Law 2012, c. 25, that neither the bidder listed above nor any of the bidder’s parents,
subsidiaries, or affiliates is listed on the N.J. Department of the Treasury’s list of entities determined to be engaged
in prohibited activities in Iran pursuant to P.L. 2012, c. 25 (“Chapter 25 List”). I further certify that I am the
person listed above, or I am an officer or representative of the entity listed above and am authorized to make this
certification on its behalf. I will skip Part 2 and sign and complete the Certification below.
OR
I am unable to certify as above because the bidder and/or one or more of its parents, subsidiaries, or affiliates is
listed on the Department’s Chapter 25 List. I will provide a detailed, accurate and precise description of the
activities in Part 2 below, sign and complete the Certification below.
PART 2: PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN
You must provide a detailed, accurate and precise description of the activities of the bidding person/entity, or one of its
parents, subsidiaries or affiliates, engaging in the investment activities in Iran on additional sheets provided by you.
Certification: I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any
attachments thereto to the best of my knowledge are true and complete. I attest that I am authorized to execute this
certification on behalf of the above-referenced person or entity. I acknowledge that Borough of Middlesex is relying on the
information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this
certification through the completion of any contracts with the Borough to notify the Borough in writing of any changes to the
answers of information contained herein. I acknowledge that I am aware that it is a criminal offense to make a false
statement or misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal prosecution
under the law and that it will also constitute a material breach of my agreement(s) with the Borough of Middlesex, New
Jersey and that the Borough at its option may declare any contract(s) resulting from this certification void and
unenforceable.
Full Name (Print)___________________________________ Signature: _______________________________________
Title _____________________________________________ Date:____________________
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BOROUGH OF MIDDLESEX
ACKNOWLEDGMENT OF RECEIPT OF ADDENDA
The undersigned Bidder hereby acknowledges receipt of the following Addenda:
ADDENDUM
NUMBER
DATE
ACKNOWLEDGE RECEIPT
(Initial)
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
No Addenda were received:
Acknowledged for:
(Name of Bidder)
By:
(Signature of Authorized Representative)
Name:
(Print or Type)
Title:
Date:
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EXHIBIT A
EVALUATION SHEET
BOROUGH OF
MIDDLESEX
EVALUATORS NAME
Write NA if
category
COMPANY NAME
does not apply.
Understanding the Requested Work
10 Points
Category
0 Points
1 - 2 Points
3 - 4 Points
Points Given
Demonstrates clear
Does not demonstrate clear
Proposal points are
Proposal is clear, readable
understanding
understanding
adequately defined
and precise
0 Points
1 - 2 Points
3 Points
Completeness and
Does not address major
Proposal absent some non-
Proposal complete and
responsiveness to RFP
requirements
critical points
responsive
Compliance with
Does not comply
Complies substantially
Complies with all
instructions and requests
instructions and requests
Knowledge and Professional Compliance
25 Points
Category
0 - 2 Points
3 - 4 Points
5 - 6 Points
Points Given
Education and training of
Minimal training, no formal
Some prior experience, some
High level of education and
employees, suitability to
education, new performer
training and documented
training, well proven
perform the required tasks
performance
performance
0 Points
1 - 2 Points
3 - 7 Points
Does respondent have the
Not adequately documented
Proposal uses some current
Well documented use of the
character, integrity,
technology
latest technologies
reputation, judgment,
experience & efficiency
required by the Professional
0 Points
1 - 2 Points
3 - 4 Points
QA/QC Process
Not adequately documented
QA/QC documented, but
QA/QC documented with
with little oversight
significant oversight
0 Points
1 - 3 Points
4 - 8 Points
Primary Professional vs.
More than one Sub-
Only one Sub-Professional
Primary Professional will do
subcontracted resources
Professional
providing 50% of resources
entire project
depending on nature of sub
to be used
and percentage of project
Ability to Perform Services in a Timely Manner
15 Points
Category
0 Points
1 - 2 Points
3 - 4 Points
Points Given
Scheduling Timeline
Cannot meet schedule
Meets most of schedule
Meets entire schedule
0 - 1 Points
2 - 3 Points
4 - 6 Points
Personnel & Resources
May not be sufficient
Sufficient for project
Dedicated resources
0 - 2 Points
3 - 4 Points
5 Points
Primary Professional
Primary Professional has not
Primary Professional has
No Sub-Professional or a
relationship Sub-
worked with Sub-
limited experience with Sub-
proven record with Sub-
Professionals
Professional
Professional
Professional
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Management, Experience and Personnel Qualifications
25 Points
Category
0 Points
1 - 2 Points
3 Points
Points Given
Project Management Plan
Not demonstrated as sound
Plan is average
Plan is sound and detailed
Project Management Team
Does not meet qualifications
Qualified but little
Well qualified and has
experience working together
collaborated on similar projects
0 Points
1 -2 Points
3 - 5 Points
Record of reliability and
Not documented
Some documentation
Track record of high quality
quality of service
0 - 1 Points
2 - 4 Points
5 - 7 Points
Scope of Work Experience
Few related projects
Some similar projects
Numerous similar projects
Experience in performing
Limited experience
Good experience
Exceptional experience
similar work by employees
Management, Experience and Personnel Qualifications
25 Points
Category
0 Points
2 Points
3 Points
Points Given
Explanation of costs
Costs not explained
Some correlation provided
Well documented
0 - 4 Points
5 - 10 Points
11 - 15 Points
Cost comparison
Highest third in salary
dollars
Middle third in salary dollars
Lowest third in salary dollars
0 - 1 Points
2 - 3 Points
4 - 6 Points
Other costs, copies, travel, etc
Travel and copy cost in
Copy cost equal to OPRA
costs
None
excess of OPRA
0 Points
1 - 2 Points
3 Points
Additional Services
No needed additional
Possible additional services
Needed additional services
services identified
identified, costs not included
identified and included
TOTAL POINTS AWARDED
--- Document: RFP: JOINT LAND USE BOARD SERVICES - 2020 ---
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1
PUBLIC NOTICE UNDER A FAIR AND OPEN PROCESS FOR THE SOLICITATION OF
QUALIFICATIONS AND RATES FOR JOINT LAND USE BOARD SERVICES FOR
APPOINTMENT JANUARY 1, 2020 THROUGH DECEMBER 31, 2020
AND SPECIAL PROJECTS ON A PROJECT BY PROJECT BASIS
NOTICE IS HEREBY GIVEN that sealed submissions will be received by the Purchasing Agent
or designated representative, for Middlesex Borough, on Friday, January 17, 2020 at 11:00 am
prevailing time, in the Municipal Building, 1200 Mountain Avenue, Middlesex, New Jersey 08846, then
publicly opened for the following position:
•
JOINT LAND USE BOARD ATTORNEY
•
ENGINEERING SERVICES - LAND USE BOARD
•
PROFESSIONAL PLANNER – LAND USE BOARD
All professional service contractors are required to comply with 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). The submission
package is printable from the website www.middlesexboro-nj.gov or may be obtained at the Clerk’s
Office, Municipal Building,1200 Mountain Avenue, Middlesex, New Jersey 08846 during regular
business hours (8:30 a.m. – 4:00 p.m.)
The Borough reserves the right to reject any or all submissions due to any defects or waive informalities
and accept any submissions that in their judgment will be in the best interest of the Borough. Questions
concerning this notice may be directed to Marcia Karrow (732) 356-7400 ext. 264.
Carmen Modica
Purchasing Agent
Dated Advertised: Friday, December 27, 2019
Borough of Middlesex
1200 Mountain Avenue
Middlesex, New Jersey 08846
(732) 356-7400
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2
BOROUGH OF MIDDLESEX
GENERAL INSTRUCTIONS
1. Introduction
The Borough of Middlesex, Middlesex County, State of New Jersey (hereinafter called the “OWNER”)
invites submissions for the service(s) mentioned in the Public Notice for Professional Services
Qualifications and Rates for 2020.
This contract is to furnish and deliver various professional services for the Borough of Middlesex
through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et. seq.
2. Administrative Conditions and Requirements
The following items express the conditions and requirements of this RFP. Together with the other RFP
sections, they apply to the RFP process, the subsequent contract, and project production. Any proposed
change, modification, or exception to these conditions and requirements may be the basis for the owner
to determine the proposal as non-responsive to the RFP and will be a factor in the determination of an
award of a contract. The contents of the proposal of the successful respondent, as accepted by the owner,
will become part of any contract awarded as a result of this RFP.
2.1 Proposal Submission Information
Submission Date and Time:
Friday, January 17, 2020 at 11:00 am
One (1) Original signed in ink & one (1) copy of the RFP response.
Submission Office:
Clerk’s Office
1200 Mountain Avenue
Middlesex, NJ 08846
Each submission must be provided on a Standardized Submission Form as supplied in the submission
package and signed by the professional services entity or principal thereof. All prices and amounts must
be written in ink or preferably typewritten. Each signatory to the submission must initial all erasures or
corrections.
Each submission shall be contained in a sealed envelope addressed to: Purchasing Agent, Borough of
Middlesex, 1200 Mountain Ave., Middlesex, NJ 08846, and said envelope shall specify the appointment
Title/Professional Service for which the submission is provided. The submission is to be clearly
marked (indicating the category of the professional service) – “Sealed Submission Enclosed” (e.g.
Borough Auditor – sealed submission enclosed) and must be delivered at the place and time required or
mailed so as to be received prior to the opening time set in the advertisement. Submissions received after
the hour herein named or in unsealed envelopes shall not be considered. The original proposal shall be
signed in ink and marked to distinguish it from the one (1) copy. Faxed or emailed proposals will NOT
be accepted.
The 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.
Responses delivered before the submission date and time specified above may be withdrawn upon
written application of the respondent who shall be required to produce evidence showing that the
individual is or represents the principal or principals involved in the proposal. After the submission date
and time specified above, responses must remain firm for a period of sixty (60) days.
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The submission shall be accompanied by: (1) Non-Collusion Affidavit, (2) Disclosure of Ownership
Form, (3) Insurance Requirement Acknowledgement Form, (4) Mandatory Equal Employment
Opportunity Notice Acknowledgement, (5) Copy of the applicable Business Registration Certificate, (6)
Professional Services Entity Information Form, (7) Qualifications Submission, (8) List of Contribution,
(9) Disclosure of Investment Activities in Iran and (10) Acknowledgement of Corrections, Additions or
Deletions Form.
2.2 Borough Representative for this Solicitation
Questions by prospective respondents concerning this RFP may be addressed to Marcia Karrow in
writing via email mkarrow@middlesexboro-nj.gov. Please note the aforementioned contact is
authorized only to direct the attention of prospective respondents to various portions of the requirements
so that they may read and interpret each portion for themselves. NO employee of the Borough of
Middlesex is authorized to give interpretations of any portion of this RFP or to give information as to the
requirements for the RFP in addition to that already contained in the RFP unless as a formal addenda.
Interpretations of the RFP or additional information as to its requirements, when necessary, shall be
communicated to prospective respondents only by written addendum issued by the Purchasing Agent of
the Borough of Middlesex.
Please identify the contract name, and note Request for Information as the subject line when submitting
a request by fax or email.
2.3 Interpretations and Addenda
Respondents are expected to examine the RFP with care and observe all its requirements. All questions
about the meaning or intent of this RFP, all interpretations and clarifications considered necessary by the
owner’s representative in response to such comments and questions will be issued by Addenda mailed or
delivered to all parties recorded as having received the RFP package. Only comments and questions
responded to by formal written Addenda will be binding. Oral interpretations, statements or
clarifications are without legal effect.
2.4 Quantities of Estimate
Wherever the estimated quantities of work to be done are shown in any section of this RFP, including
the Proposal Cost Form, they are given for use in comparing proposals. The owner especially reserves
the right (except as herein otherwise specifically limited) to increase or diminish the quantities as may
be deemed reasonably necessary or desirable by the owner to complete the work detailed by the
contract. Such increase or diminution shall in no way violate this contract, nor shall any such increase or
diminution give cause for claims or liability for damages.
2.5 Cost Liability and Additional Costs
The owner assumes no responsibility and liability for costs incurred by the respondents prior to the
issuance of an agreement. The liability of the owner shall be limited to the terms and conditions of the
contract.
Respondents will assume responsibility for all costs not stated in their proposals. All unit rates either
stated in the proposal or used as a basis for its pricing are required to be all-inclusive. Additional
charges, unless incurred for additional work performed by request of the owner as noted in 2.4, are not
to be billed and will not be paid.
2.6 Statutory and Other Requirements
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2.6.1 Compliance with Laws
Any contract entered into between the contractor and the owner must be in accordance with and subject
to compliance by both parties with the New Jersey Local Public Contracts Law. The contractor must
agree to comply with the non-discrimination provisions and all other laws and regulations applicable to
the performance of services there under. The respondent shall sign and acknowledge such forms and
certificates as may be required by this section.
2.6.2 Mandatory EEO/Affirmative Action Compliance - N.J.S.A 10:5-31 et seq. and N.J.A.C 17:27
et seq.
No firm shall be issued a contract unless it complies with the EEO/Affirmative Action requirements of
P. L. 1975, C. 127 as identified in the documents attached hereto. The form shall be properly executed.
2.6.3 Americans with Disabilities Act of 1990 - 42 U.S.C. S121 01 et seq.
Discrimination on the basis of disability in contracting for the delivery of services is prohibited.
Respondents are required to read American with Disabilities language that is part of the documents
attached hereto and agree that the provisions of Title II of the Act are made part of the contract. The
contractor is obligated to comply with the Act and hold the owner harmless.
2.6.4 Statement of Corporate Ownership-Stockholder Disclosure - N.J.S.A. 52:25-24.2 (P.L. 1977
c.33)
In accordance with N.J.S.A. 52:25-24.2, no corporation, partnership, limited partnership, limited liability
corporation, limited liability partnership, Subchapter S corporation or sole proprietorship, shall be
awarded a contract, unless prior to the receipt of the RFP response/bid or accompanying the RFP
response/bid of the corporation, partnership, limited partnership, limited liability corporation, limited
liability partnership, Subchapter S corporation or sole proprietorship, there is submitted to the Borough a
statement setting forth the names and addresses of all stockholders who own 10% or more of the stock,
of any class or of all individual partners who own a 10% or greater interest in the corporation,
partnership, limited partnership, limited liability corporation, limited liability partnership, Subchapter S
corporation or sole proprietorship. If one or more such stockholder or partner is itself a corporation or
partnership, the stockholders holding 10% or more of that corporation’s stock, or the individual partners
owning 10% or greater interest in that partnership, as the case may be, shall also be listed. The
disclosure shall be continued until names and addresses of every non-corporate stockholder and
individual partner, exceeding the 10% ownership criteria established in this act has been listed. The form
shall be signed and submitted with the RFP proposal/bid whether or not a stockholder or partner owns
less than 10% of the business submitting the RFP proposal/bid. Failure to comply requires mandatory
rejection of the RFP proposal/bid. The Respondent shall complete and submit the form of statement that
is included in this RFP.
2.6.5 Non-Collusion Affidavit - N.J.S.A. 52:34-15
The Non-Collusion Affidavit, which is part of this RFP, shall be properly executed and submitted with
the RFP response.
2.6.6 Proof of N.J. Business Registration Certificate N.J.S.A. 52:32-44
Each bidder (contractor) is required to submit proof of business registration prior to award of the
contract. Proof of registration shall be a copy of the bidder’s Business Registration Certificate (BRC).
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 obtain and provide the owner the BRC of subcontractors knowingly
used on this contract.
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2. The contractor shall maintain and submit to the contracting agency a list of
subcontractor’s and their addresses that may be updated from time to time during the
course of the contract performance. A complete and accurate list shall be submitted
before final payment is made for goods and services rendered under the contract.
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 taxable sales of tangible personal
property delivered into the State.
Failure to submit the BRC with the proposal is NOT a cause for rejection. However, the Borough
prefers the BRC be submitted with the proposal. If it is not provided prior to execution of a contract the
bidder’s bid guarantee shall be forfeited and the contract shall be awarded to the next lowest responsible
bidder.
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 $25.00 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.
A BRC is obtained from the New Jersey Division of Revenue and Enterprise Services. Information on
obtaining a BRC is available on the internet at www.nj.gov/treasury/revenue/busregcert.shtml or by
phone at (609) 292-2929.
Emergency Purchases or Contracts
For purchases of an emergent nature, the contractor shall provide its Business Registration Certificate
within two weeks from the date of purchase or execution of the contract or prior to payment for goods or
services, whichever is earlier.
2.6.7 Pay to Play – Notice of Disclosure Requirement
Business entities are advised of their responsibility to file an annual disclosure statement of political
contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A.
19:44A-20.27 if they receive contracts in excess of $50,000 from public entities in a calendar year.
Business entities are responsible for determining if filing is necessary. Additional information on this
requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.
2.6.8 Assign, Sublet or Transfer Any Rights/Interests
Neither the owner nor the Contractor shall assign, sublet, or transfer any rights or interest in this
Agreement without the prior written consent of the other party. Unless specifically stated to the contrary,
in writing, prior to an assignment, no assignment will release or discharge the assignor from any duty or
responsibility under this Agreement. Nothing herein shall be construed to give any rights or benefits to
anyone other than the owner and the Contractor.
2.6.9 Insurance and Indemnification
If it becomes necessary for the contractor, either as principal or by agent or employee, to enter upon the
premises or property of the owner in order to construct, erect, inspect, make delivery or remove property
hereunder, the contractor hereby covenants and agrees to take use, provide and make all proper,
necessary and sufficient precautions, safeguards, and protection against the occurrence of happenings of
any accident, injuries, damages, or hurt to person or property during the course of the work herein
covered and be his/her sole responsibility.
REV 12/2018
6
The contractor shall maintain sufficient insurance to protect against all claims under Workers
Compensation, General Liability and Automobile and shall be subject to approval for adequacy of
protection and certificates of such insurance shall be provided.
Indemnification
The contractor agrees to indemnify and save harmless the owner, its officers, agents and employees,
hereinafter referred to as indemnitees, from all suits, including attorney’s fees and costs of litigation,
actions, loss damage, expense, cost of claims, of any character or on account of any act, claim or amount
arising or recovered under Worker’s Compensation law, or arising out of failure of the Contractor or
those acting under Contractor to conform to any statutes, ordinances, regulations, law or court decree. It
is the intent of the parties to this contract that the indemnities shall, in all instances, except for loss or
damage resulting from the sole negligence of the indemnitee, be indemnified against all liability, loss or
damage of any nature whatsoever.
Insurance Requirements:
Worker’s Compensation and Employer’s Liability Insurance
This insurance shall be maintained in full force during the life of this contract by the contractor covering
all employees engaged in performance of this contract pursuant to N.J.S.A. 34:15-12(a) and N.J.A.C.
12:235-1.6. Minimum Employer’s Liability $1,000,000.00.
General Liability Insurance
This insurance shall have limits of not less than $3,000,000.00 any one person and $3,000,000.00 any
one accident for bodily injury and $3,000,000.00 aggregate for property damage, and shall be
maintained in force during the life of the contract.
Automobile Liability Insurance
This insurance covering contractor for claims arising from owned, hired and non-owned vehicles with
limits of not less than $3,000,000.00 any one person and $3,000,000.00 any one accident for bodily
injury and $3,000,000.00 each accident for property damage, shall be maintained in force during the life
of this contract by the contractor.
Professional Liability/Malpractice Insurance Policy (if applicable)
Coverage in the amount of $2,000,000.00/occurrence, $4,000,000.00 aggregate and assurance that each
such policy for each staff member remains full and in effect while providing services for owner.
The contractor shall provide the owner with a Certificate of Insurance naming the Borough of Middlesex
as additionally insured, evidencing the existence of required insurance prior to the commission of work.
Said insurance must include coverage for complete operations, contractual insurance and independent
contractor or subcontractor insurance, where and if applicable.
Errors and Omissions Insurance
A.
The contractor shall purchase and maintain during the entire period of this contract, errors
and omissions insurance that shall protect the contractor and the Borough from any and all
claims that may arise out of or result from the contractor’s performance of this contract.
Specifically, the errors and omissions insurance shall have limits of not less than
$2,000,000.00 dollars per occurrence and $4,000,000.00 dollars in the aggregate.
B.
Certificates of the Required Insurance
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Certificates as listed above shall be submitted along with the contract as evidence covering
Errors and Omissions insurance. Such coverage shall be with acceptable insurance
companies operating on an admitted basis in the State of New Jersey.
The contractor shall provide the Borough with a Certificate of Insurance naming the
Middlesex Borough, its employees, officers, and agents as additionally insured, and
evidencing the existence of required insurance prior to the commission of work.
Middlesex Borough will not accept Mutual Limitation of Liability terms.
2.6.10 Health Insurance Portability and Accountability Act of 1996 - HIPAA (If Applicable)
Both parties agree to comply with all requirements of the Federal Health Insurance Portability and
Accountability Act of 1996 (“HIPAA”) as maybe amended from time to time, and the corresponding
HIPAA regulations for the confidentiality and security of medical information.
The Contractor shall:
• Not use or disclose protected health information other than as permitted or required by law
• Use appropriate safeguards to protect the confidentiality of the information
• Report any use or disclosure not permitted
The contractor, by execution of the contract, shall thereby indemnify and hold the owner harmless from
any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the
failure of the contractor to comply with the requirements of the Health Insurance Portability and
Accountability Act (HIPAA) or any other statute or case law protecting the privacy of persons using its
services.
2.6.11 Proof of Licensure
Proof of licensure for providing Services in the State of New Jersey, for either the firm or the person
responsible for the work, shall be provided as required.
2.6.12 Disclosure of Investment Activities in Iran – P.L. 2012, c. 25
P.L. 2012, c.25 prohibits State and local public contracts with persons or entities engaging in certain
investment activities in energy or finance sectors of Iran.
2.7 Public Emergency
In the event of a Public Emergency declared at the Local, State or Federal Level, if the owner opts to
extend terms and conditions of this RFP, the contractor agrees to extend the terms and conditions of this
RFP, whether existing, expiring or expired no longer than six months, for goods and/or services for the
duration of the emergency. In the event the original contractor cannot meet this requirement, the owner
may solicit the goods and/or services from any bidder on this contract.
2.8 Multiple Proposals Not Accepted
More than one proposal from an individual, a firm or partnership, a corporation or association under the
same or different names shall not be considered.
2.9 Failure to Enter Contract
Should the respondent, to whom the contract is awarded, fail to enter into a contract within ten (10)
days, Sundays and holidays excepted, the owner may then, at its option, accept the proposal of another
respondent.
2.10 Commencement of Work
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The contractor agrees to commence work after the date of award by the owner and upon notice from the
using department.
2.11 Time of Completion
It is hereby understood and mutually agreed, by and between the respondent and the owner, that the date
on which the work shall be substantially complete as specified in the RFP is an essential condition of
this contract. It is further mutually understood and agreed that the work and contract time embraced in
this Contract shall commence on the date specified and that the resulting contract shall be completed in
sequence and time frames identified by the owner.
The respondent agrees that said services shall be processed regularly, diligently, and uninterruptedly at
such rate of progress as will insure full completion thereof within the time specified. It is expressly
understood and agreed, by and between the respondent and the owner, that the time of completion of the
services described herein is a reasonable time for the completion of it.
2.12 Termination of Contract
If, through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations under
the Contract or if the contractor violates any requirements of the Contract, the owner shall thereupon
have the right to terminate the Contract by giving written notice to the contractor of such termination at
least thirty (30) days prior to the proposed effective date of the termination. Such termination shall
relieve the owner of any obligation for the balances to the contractor of any sum or sums set forth in the
Contract.
The contractor agrees to indemnify and hold the owner 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 owner under this provision.
In case of default by the contractor, the owner may procure the articles or services from other sources
and hold the contractor responsible for any excess cost occasioned thereby.
2.13 Non-Allocation of Funding Termination
Each fiscal year payment obligation of the Owner is conditioned upon the availability of Owner funds
appropriated or allocated for the payment of such an obligation. If funds are not allocated and available
for the continuance of any services performed by the Contractor hereunder, whether in whole or in part,
the Owner at the end of any particular fiscal year may terminate such services. The Owner will notify
the Contractor in writing immediately of any services that will be affected by a shortage of appropriated
funds. This provision shall not be construed so as to permit the Owner to terminate this Agreement
during the term, or any service hereunder, merely in order to acquire identical services from a third party
contractor.
2.14 Force Majeure
Neither party shall be responsible for any resulting loss or obligation to fulfill duties as specified in any
of the terms or provisions of this Agreement if the fulfillment of any term or provision of this
Agreement is delayed or prevented by any revolutions, insurrections, riots, wars, acts of enemies,
national emergencies, strikes, floods, fires, acts of God, or by any cause not within the control of the
party whose performance is interfered with which by the exercise of reasonable diligence such party is
unable to prevent. Additionally, if the fulfillment of any of the terms and provisions of this Agreement
is delayed or prevented by any court order, or action or injunction or other such agreement, this
Agreement shall become voidable by the Borough of Middlesex by notice to each party.
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2.15 The owner and the Contractor each bind themselves and their successors, executors,
administrators, heirs and assigns and legal representatives of the other party respecting all covenants and
agreements and obligations of this contract.
2.16 The terms of this contract shall be construed and interpreted, and all respective rights and duties of
the parties shall be governed by the laws of the State of New Jersey.
2.17 Challenge of Specifications
Any respondent who wishes to challenge a specification shall file such challenge in writing with the
Purchasing Agent no less than three (3) business days prior to the opening of the RFP's.
Challenges filed after that time shall be considered void and having no impact on the owner or the award
of contract.
2.18 Payment
Invoices shall be submitted monthly and must specify, in detail, the period for which payment is
claimed, the services performed during the prescribed period, the amount claimed and correlation
between the services claimed, all backup documentation (mileage, time logs, receipts for expenses, etc.),
amount remaining in total balance, and the Proposal Cost Form.
The Borough of Middlesex will provide a sample Progress Report and Invoice for the Hired Consultant
to ensure compliance.
The owner may withhold all or partial payments on account of subsequently discovered evidence
including but not limited to the following:
1. Deliverables not complying with the project specification;
2. Claims filed or responsible evidence indicating probability of filing claims;
3. A reasonable doubt that the Contract can be completed for the balance then unpaid.
When the above grounds are removed, payment shall be made for amounts withheld because of them.
Invoices shall specify, in detail, the period for which payment is claimed, the services performed during
the prescribed period, the amount claimed and correlation between the services claimed and the Proposal
Cost Form.
2.19 Non-payment of Penalties and Interest on Overdue Bills
Public funds may be used to pay only for goods delivered or services rendered. The Borough of
Middlesex will not pay penalties and/or interest on overdue bills. No employee is authorized to sign a
letter of credit or any other document that represents a legal commitment on the part of the Borough to
pay additional fees.
2.20 Ownership of Material
The owner shall retain all of its rights and interest in any and all documents and property both hard copy
and digital furnished by the owner to the contractor for the purpose of assisting the contractor in the
performance of this contract. All such items shall be returned immediately to the owner at the expiration
or termination of the contract or completion of any related services, pursuant thereto, whichever comes
first. None of the documents and/or property shall, without the written consent of the owner, be
disclosed to others or used by the contractor or permitted by the contractor to be used by their parties at
any time except in the performance of the resulting contract.
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Ownership of all data, materials and documentation originated and prepared for the owner pursuant to
this contract shall belong exclusively to the owner. All data, reports, computerized information,
programs and materials related to this project shall be delivered to and become the property of the owner
upon completion of the project. The contractor shall not have the right to use, sell, or disclose the total of
the interim or final work products, or make available to third parties, without the prior written consent of
the owner.
Under state and federal statutes, certain government records are protected from public disclosure. The
Borough, the Contractor and any Subcontractors have a responsibility and an obligation to safeguard
from public access an employee's personal information with which it has been entrusted when disclosure
thereof would violate the employee's reasonable expectation of privacy. All payroll, personnel and
health insurance related files are confidential. Additionally the Contractor and any Subcontractors may
be privy to sensitive law enforcement information or investigations during their review which must
remain confidential. The Borough reserves the right to make any public disclosure under the law. Also
among government records deemed confidential are administrative or technical information regarding
computer hardware, software and networks that, if disclosed, would jeopardize computer security. The
Contractor and any Subcontractor(s) are prohibited from the sale or distribution of all supplied
information to any third party.
2.21 Source of Specifications/RFP Packages
Official Request for Proposal (RFP) packages for routine goods and services are available from
www.middesexboro-nj.gov at no cost to the prospective respondents. All addenda are posted on this
site. Potential respondents are cautioned that they are responding at their own risk if a third party
supplied the specifications that may or may not be complete. The Borough is not responsible for third
party supplied RFP documents.
2.22 Altering Official Document
Respondents shall not write in any margins or alter the official content of Borough’s RFP document.
2.23 RFP Preparation of Forms
RFPs must be signed in ink by the respondent; all quotations shall be made with a typewriter/computer
or pen and ink. Any quotation showing any erasure alteration must be initialed by the respondent in ink.
Unit prices and totals are to be inserted in spaces provided.
2.24 W-9
Successful bidder/respondent shall complete W-9 Form and submit to Finance prior to contract award.
The form is available at the following link: www.irs.gov/pub/irs-pdf/fw9.pdf
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3. SCOPE OF WORK (SOW)
The following is a description of the professional services needed, including where appropriate, a
description of tasks involved:
JOINT LAND USE BOARD ATTORNEY SERVICES. The Borough requires general legal land use
counsel. The minimum threshold criteria that will be utilized for the evaluation of the responses shall be
as follows:
1) Licensed to practice law in the State of New Jersey for a minimum of five (5) years
2) Evidence of professional liability insurance
3) Experience in the field of municipal law representing governmental entities including land use
and site plan for a minimum of five (5) years; and
4) Knowledge of the Borough Land Use Board and its operations
ENGINEERING SERVICES - LAND USE BOARD. The minimum threshold criteria that will be
utilized for the evaluation of responses shall be as follows:
1) Licensed to provide engineering services in the State of New Jersey for a minimum of five (5)
years
2) Evidence of professional liability insurance
3) Representation of government entities for a minimum of five (5) years
4) Experience in review of land use and site plan applications and all related reviews for a
minimum of five (5) years
5) Experience and knowledge of the laws and regulations controlling zoning, development and land
use
6) Experience and knowledge of DEP laws and regulations; and
7) Knowledge of the Borough Land Use Board and its applications
PROFESSIONAL PLANNER – LAND USE BOARD - The Borough requires planning services for
the representation of the Borough Land Use Board. The minimum threshold criteria that will be utilized
for the evaluation of the responses shall be as follows:
1) Licensed as a professional planner by the State of New Jersey for a minimum of five (5) years
2) Experience in preparation of planning of municipal master plan and enacting ordinances
3) Experience in representing municipalities before the Council on Affordable Housing and
preparing housing element and fair share plan
4) Representation of governmental entities in the field of planning for a minimum of five (5) years
5) Knowledge of the Borough and its operations
6) Experience with state criteria for granting of variances and zoning requirements
7) Provide evidence of professional liability insurance
8) Familiar with development and site plan reviews; and
9) Knowledge of the Borough and its operations
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BOROUGH OF MIDDLESEX
EXCEPTIONS
For each exception, the bidder must identify the specific section of specifications by providing the number and
title the exception applies to. It is the responsibility of the bidder to document the equivalence claim in writing.
Submitting product brochures is not an acceptable claim of equivalence.
(IF NONE SO STATE)
USE ADDITIONAL SHEET IF NECESSARY
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4.
Proposal Requirements
4.1 Qualification Statement
A statement is to be provided by the respondent who will serve as the primary contractor. The statement
shall set forth brief details of the firm's principal activities, the number of personnel in the firm and the
firm's location. Please provide a list of (3) three clients for whom similar services have been provided.
Include the following in your response:
1. Name of government agency.
2. Contact person’s name, position, and current telephone number.
3. Dates, cost and scope of service.
4. Status and comments
4.2 Key Personnel Information
The respondent shall provide the identity and the professional credentials of the principals and other key
personnel either working for the contractor and their areas of responsibilities.
4.3 Subcontractors
Respondents may engage the services of subcontractors for completion of this project. If their proposal
involves any subcontractors, full details on the nature of the work to be performed by them and the location
in which the work is to be performed must be provided. The respondent understands that if selected, the
owner prior to initiating any subcontracted work, must approve the use of subcontractors in writing.
4.4 Proposal Forms
The following forms are contained in the attachments. All forms are required and shall be completed and
made part of the proposal submitted.
1. Proposal Cost/Signature Form
2. Qualifications Submission Form
3. Non-Collusion Affidavit
4. Stockholder Disclosure
5. Affirmative Action Statement
6. Professional Service Entity Information Form
7. Acknowledgement of Receipt of Addenda
8. List of Contribution
9. Disclosure of Investment Activities In Iran
4.5 Location of Servicing Office
The proposal must list the location and address of the present, active office that will service and manage
this contract.
5.
Evaluation, Review and Selection Process
5.1 Proposals to Remain Subject to Acceptance
RFP responses shall remain open for a period of sixty (60) calendar days from the stated submittal. The
owner will either award the Contract within the applicable time period or reject all proposals.
The owner may extend the decision to award or reject all proposals beyond the sixty (60) calendar days
when the proposals of any respondents who consent thereto may, at the request of the owner, be held for
consideration for such longer period as may be agreed.
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5.2 Rejection of Proposals
The owner reserves the right to reject any or all proposals, or to reject any proposals if the evidence
submitted by, or investigation of such respondent fails to satisfy the owner that such respondent is properly
qualified to carry out the obligations of the RFP and to complete the work contemplated therein. The
owner reserves the right to waive any minor informality or reject any/or all submissions in accordance
with the Fair & Open Public Solicitation Process for professional services(s) pursuant to P.L. 2004, c.19
(N.J.S.A. 19:44A-20.4 et seq.) in the RFP.
5.3 Evaluation Process
An evaluation team will review all proposals to determine if they satisfy the Proposal Requirements,
determine if a proposal should be rejected and evaluate the proposals based upon the Evaluation Criteria.
The highest-ranking respondent will then be recommended to the governing body for award of contract,
based on most advantageous price and other factors. The Borough reserves the right to reach out to the
respondents to get clarification on Proposals on specific items if necessary during the deliberation process.
Evaluation Team – RFP respondents are prohibited from contacting any member of the evaluation team
directly without a formal invitation. If it is found that a respondent has attempted to discuss their proposal
with a team member without an invite then their proposal may be deemed unresponsive. All questions
during the evaluation period shall be directed to the Purchasing Agent.
5.4 Evaluation Criteria
The criteria considered in the evaluation of each proposal follows. The arrangement of the criteria is not
meant to imply order of importance in the selection process. All criteria will be used to select the
successful respondent.
This will be based on the quality of the content of the RFP and the respondent's ability to communicate a
thorough understanding of the required tasks and the approach to meet the scope of work outlined in the
RFP. The proposals will be evaluated for general compliance with instructions and requests issued in the
RFP. Non-compliance with significant instructions will be grounds for disqualification of proposals.
5.4.1 Understanding of the Requested Work
The proposals will be evaluated for general compliance with instructions and requests issued in the RFP.
Non-compliance with significant instructions shall be grounds for disqualification of proposals.
5.4.2 Knowledge and Technical Competence
This includes the ability of the respondent to perform all of the tasks and fulfill adequately the stated
requirements.
5.4.3 Management, Experience and Personnel Qualifications
Expertise of the firm shall be demonstrated by past contract successes providing government agencies
with similar services. The respondent will be evaluated on knowledge, experience, prior collaboration
and successful completion of projects/services similar to that requested in this RFP.
In addition to relevant experience, respondents shall provide personnel qualifications in the Proposal.
(See 4.1 and 4.2).
5.4.4 Ability to Complete the Project/Services in a Timely Manner
This is based on the estimated duration of the tasks and the respondent’s ability to accomplish these tasks
as stated.
5.4.5 Cost
Price shall be based on amount stated on the proposal cost form. Total overall costs to complete the project,
the cost of maintenance, training, etc., or price shall be based on hourly rates and schedules of fees
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submitted with the proposal. Any services not included as part of any resulting contract scope of services
must be approved and authorized by the owner before such work is initiated. The owner shall pay for such
approved services, at the rate or cost agreed upon between the owner and contractor, provided the
respondent has provided a schedule of fees for additional services with this RFP.
5.5 Term of the contract
The term of this contract is January 1, 2020– December 31, 2020. (Options to extend may be exercised by
mutual agreement in accordance with terms of N.J.S.A. 40A:11-4.1 et seq.)
5.6 Notice of Award
The successful respondent will be notified of the award of contract upon a favorable decision by the
governing body.
6.
List All Contributions
List all contributions, including in-kind contributions you or your firm/company (including all
equitable owners/members thereof) have made to any campaign or candidate for any public office
in Middlesex Borough or Middlesex County in 2018-2019. Include amount(s) of such
contribution(s) and the candidate(s) or committees to whom such amounts were given.
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BOROUGH OF MIDDLESEX
CHECKLIST
PROFESSIONAL SERVICE TITLE: _________________________________________________
Please fill in the appropriate title in the space above.
SUBMISSION DATE: FRIDAY, JANUARY 17, 2020 at 11:00 AM
The following items, as indicated below (X), shall be provided with the receipt of sealed submissions:
1. Non-Collusion Affidavit …………………………….……………………………… ___X____
2. Stockholder Disclosure Certification ……………………………………….…………. ___X____
3. Insurance Requirement Acknowledgement Form …………..……….……………… ___X____
4. Mandatory Equal Employment Opportunity Notice Acknowledgement ………………___X____
5. Copy of your Business Registration Certificate as issued by the State of
New Jersey, Department of Treasury, Division of Revenue ...……………………….. ___X____
6. Professional Service Entity Information Form ……………………….………………. ___X____
7. Qualifications Submission Form…….………………………………………….……… ___X____
8. List of Contribution(s)………………..………………………….……………………… ___X____
9. Disclosure of Investment Activities in Iran………………………….…………………. ___X____
10. Acknowledgement of Corrections, Additions or Deletions Form …………………. ___X____
Reminder
Please submit one (1) original and one (1) additional set of the sealed submission.
Each submission shall be contained in a sealed envelope addressed to: Purchasing Agent,
Borough of Middlesex, 1200 Mountain Ave., Middlesex, NJ 08846 or in the preprinted
envelope supplied with the submission package when available, and said envelope shall specify
the Appointment Title/Professional Service for which the submission is provided.
The submission is to be clearly marked (indicating the category of the professional service) –
“Sealed Submission Enclosed” (e.g. Borough Auditor – sealed submission enclosed) and must
be delivered at the place and time required or mailed so as to be received prior to the opening
time set in the advertisement.
Submissions received after the hour herein named or in unsealed envelopes shall not be
considered.
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BOROUGH OF MIDDLESEX
BID PROPOSAL FORM/SIGNATURE PAGE
TO THE BOROUGH OF MIDDLESEX:
The undersigned declares that he/she has read the Notice, Instructions, Affidavits and Scope of
Services attached, that he/she has determined the conditions affecting the bid and agrees, if this bid
is accepted, to furnish and deliver services per the following:
PROFESSIONAL SERVICES
FEE SCHEDULE SUBMITTED Yes No
(Corporation)
The undersigned is a (Partnership) under the laws of the State of __________________________ having its
(Individual)
Principal office at
Company
Federal I.D. # or Social Security #
Address
Signature of Authorized Agent
Type or Print Name
Title of Authorized Agent
Date
Telephone Number
Email Address
Fax Number
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LIST ALL CONTRIBUTION(S)
2018-2019
List all contributions, including in-kind contributions you or your firm/company (including all
equitable owners/members thereof) have made to any campaign or candidate for any public office
in Middlesex Borough or Middlesex County in 2018-2019. Include amount(s) of such contribution(s)
and the candidate(s) or committees to whom such amounts were given.
Name of Campaign or Candidate
Amount of Contribution
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
__________________________
__________________
By signing below you acknowledge that you or your firm/company (including all equitable
owners/members thereof), have not made any contributions to any campaign or candidate for any
public office in Middlesex Borough or Middlesex County in 2018-2019.
COMPANY: ______________________________ PRINT NAME: ____________________________
SIGNATURE:___________________________ TITLE: __________________________________
DATE: __________________
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BOROUGH OF MIDDLESEX
QUALIFICATIONS SUBMISSION FORM
1.
Names and roles of the individuals who will perform the services and description of their
education and experience with projects similar to the services contained herein including
their education, degrees and certifications:
2.
References and record of success of same or similar service:
3.
Description of ability to provide the services in a timely fashion (including staffing,
familiarity and location of key staff):
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4. Cost details, including the hourly rates of each of the individuals who will perform
services, including their title, level of expertise and years of experience, and all expenses:
Firm __________________________________________ Date: _________________________
Authorized Representative (Print):___________________________________________________
Signature: ________________________ Title:________________________________________
Telephone #: _____________________ Fax #: ______________________________________
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BOROUGH OF MIDDLESEX
PROFESSIONAL SERVICE ENTITY INFORMATION FORM
If the Professional Service Entity is an INDIVIDUAL, sign name and give the following information:
Name:______________________________________________________________________________________________
Address:_____________________________________________________________________________________________
Telephone No.: ____________________Social Security No.:___________________________________________________
Fax No.: _______________________ E-Mail: _____________________________________________________________
If individual has a TRADE NAME, give such trade name:
Trading As: _________________________________ Telephone No.: ___________________________________________
****************************************************************************************************
If the Professional Service Entity is a PARTNERSHIP, give the following information:
Name of
Partners:_____________________________________________________________________________________________
Firm
Name:_______________________________________________________________________________________________
Address:_____________________________________________________________________________________________
Telephone No.: ____________________________ Federal I.D. No.:_____________________________________________
Fax No.: ______________________ E-Mail:_______________________________________________________________
Social Security No.:___________________________________________________________________________________
Signature of authorized agent:____________________________________________________________________________
****************************************************************************************************
If the Professional Service Entity is INCORPORATED, give the following information:
State under whose laws incorporated:_____________________________________________________________________
Location of principal office:_____________________________________________________________________________
Telephone No.: ____________________ Federal I.D. No.: ____________________________________________________
Fax No.: _______________________ E-Mail:_______________________________________________________________
Name of agent in charge of said office upon whom notice may be legally served:
____________________________________________________________________________________________________
Telephone No.: ___________________Name of Corporation: __________________________________________________
Signature: By: __________________________________________________________
Title: Address: ______________________________________________________________
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BOROUGH OF MIDDLESEX
OWNERSHIP STATEMENT - STOCKHOLDER DISCLOSURE FORM
LEGAL NAME OF BIDDER: ___________________________________________________________
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
Other, Please List __________________________________
List the names and addresses of all stockholders who own ten (10%) percent or more of the above company’s stock, and if
there are NO STOCKHOLDERS OF 10% OR MORE, simply check the second box below. If one or more such
stockholders or partner is itself a corporation or partnership, the stockholders holding 10% or more of that corporation's stock,
or the individual partners owning 10% of that corporation's stock, or the individual partners owning 10% or greater interest
in that partnership, as the case may be, must also be listed.
The disclosure shall be continued until names and addresses of every person who is a non-corporate stockholder,
or individual partner, exceeding the 10% ownership criteria established in this act, has been listed, in full
compliance with Chapter 33 of the New Jersey Public Laws of 1977.
BIDDERS/RESPONDENTS MUST CHECK THE APPROPRIATE BOX:
I certify that the list below contains the names and addresses of all stockholders holding 10% or more of the issued
and outstanding stock of the undersigned.
I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned.
Publicly Traded - For publicly traded entities to comply with N.J.S.A. 52:25-24.2 they may submit the name and address of
each publicly traded entity, and the name and address of each person holding 10% or more beneficial interest in the publicly
traded entity as of the last annual filling with the Security Exchange Commission (SEC), or foreign equivalent
Submit here the Website (URL) providing the last annual Security Exchange Commission (SEC) filing, or foreign equivalent:
____________________________________________________________________________________________
The requested information is available on the following page number(s) of the SEC, or foreign equivalent, filing:
____________________________________________________________________________________________
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
Stockholder Name__________________________________________________________________________
Address___________________________________________________________________________________
Percentage of Ownership______%.
(Note: Attach additional pages if necessary)
________________________________________________________________
______________
(Respondent/Respondent Authorized Signature)
(Date)
___________________________________________
______________________________________
(Print name of authorized signatory)
(Title)
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BOROUGH OF MIDDLESEX
NON-COLLUSION AFFIDAVIT
State of _____________
County of _____________
ss:
I, _____________________________ of the City of _______________________________
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 bidder making this Proposal for the above named project, and that I executed the said proposal
with full authority so to do; that said bidder has not, directly or indirectly entered into any agreement,
participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding
in connection with the above named project; and that all statements contained in said proposal and
in this affidavit are true and correct, and made with full knowledge that the Borough of Middlesex
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_________________________________.
(Name of Contractor)
(N.J.S.A. 52:34-15)
Subscribed and sworn to
Before me this _______day
Of ___________, _______.
Signature
(Type or print name of affiant under signature)
_______________________________________
Notary public of
My Commission expires ___________________.
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EXHIBIT A
EEO/AFFIRMATIVE ACTION COMPLIANCE NOTICE
N.J.S.A. 10:5-31 and N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
All successful bidders are required to submit evidence of appropriate affirmative action compliance
to the Borough and Division of Public Contracts Equal Employment Opportunity Compliance. During
a review, Division representatives will review the Borough files to determine whether the affirmative
action evidence has been submitted by the vendor/contractor. Specifically, each vendor/contractor
shall submit to the Borough, prior to execution of the contract, one of the following documents:
Goods and General Service Vendors
1. Letter of Federal Approval indicating that the vendor is under an existing federally approved or
sanctioned affirmative action program. A copy of the approval letter is to be provided by the
vendor to the Borough and the Division. This approval letter is valid for one year from the date
of issuance.
Do you have a federally-approved or sanctioned EEO/AA program?
Yes
No
If yes, please submit a photo static copy of such approval.
2. A Certificate of Employee Information Report (hereafter “Certificate”), issued in accordance with
N.J.A.C. 17:27-1.1 et seq. The vendor must provide a copy of the Certificate to the Borough as
evidence of its compliance with the regulations. The Certificate represents the review and
approval of the vendor’s Employee Information Report, Form AA-302 by the Division. The period
of validity of the Certificate is indicated on its face. Certificates must be renewed prior to their
expiration date in order to remain valid.
Do you have a State Certificate of Employee Information Report Approval?
Yes
No
If yes, please submit a photo static copy of such approval.
3. The successful vendor shall complete an Initial Employee Report, Form AA-302 and submit it to
the Division with $150.00 Fee and forward a copy of the Form to the Borough. Upon submission
and review by the Division, this report shall constitute evidence of compliance with the
regulations. Prior to execution of the contract, the EEO/AA evidence must be submitted.
The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) on
the Division website www.state.nj.us/treasury/contract_compliance.
The successful vendor(s) must submit the AA302 Report to the Division of Public Contracts Equal
Employment Opportunity Compliance, with a copy to Public Agency.
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 and N.J.A.C. 17:27 and agrees to furnish the required forms of
evidence.
The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if
said contractor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27.
COMPANY: ______________________________ SIGNATURE: ____________________________
PRINT NAME:___________________________ TITLE: __________________________________
DATE: __________________
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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 Borough employment goals established
in accordance with N.J.A.C. l7:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited
to, employment agencies, placement bureaus, colleges, universities, 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 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 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 www.state.nj.us/treasury/contract_compliance).
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.
INITIALS _____
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SAMPLE CERTIFICATE OF EMPLOYEE INFORMATION REPORT
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BOROUGH OF MIDDLESEX
AMERICANS WITH DISABILITIES ACT OF 1990
Equal Opportunity for Individuals with Disability
The Contractor and the Owner, do hereby agree that the provisions of Title 11 of the Americans With
Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 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 owner 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 owner in any action or administrative proceeding commenced pursuant to this Act. The contractor
shall indemnify, protect, and save harmless the 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 owner’s grievance procedure, the contractor agrees
to abide by any decision of the owner which is rendered pursuant to said grievance procedure. If any
action or administrative proceeding results in an award of damages against the owner, or if the 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 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 owner or any of its agents, servants, and
employees, the owner shall expeditiously forward or have forwarded to the contractor every demand,
complaint, notice, summons, pleading, or other process received by the owner or its representatives.
It is expressly agreed and understood that any approval by the 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 owner pursuant to this
paragraph.
It is further agreed and understood that the 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 owner from taking any other actions available to it
under any other provisions of the Agreement or otherwise at law.
INITIALS _____
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BOROUGH OF MIDDLESEX
THESE ARE SAMPLES OF THE ONLY ACCEPTABLE
BUSINESS REGISTRATION CERTIFICATES
PREFER SUBMITTED WITH BID RESPONSE
REQUIRED BY LAW PRIOR TO AWARD OF CONTRACT
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BOROUGH OF MIDDLESEX
DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
BID/RFP/Solicitation Number:
Bidder/Offeror:
Part 1: Certification
BIDDERS ARE TO COMPLETE PART 1 BY CHECKING EITHER BOX
Pursuant to Public Law 2012, c. 25, any person or entity that submits a bid or proposal or otherwise proposes to enter into or
renew a contract must complete the certification below to attest, under penalty of perjury, that neither the person or entity,
nor any of its parents, subsidiaries, or affiliates, is identified on the Department of the Treasury’s Chapter 25 list as a person
or entity engaging in investment activities in Iran. The Chapter 25 list is found on the Division’s website at
http://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf. Bidders must review this list prior to completing the below
certification. Failure to complete the certification may render a bidder’s proposal non-responsive. If the Director finds a
person or entity to be in violation of the law, s/he shall take action as may be appropriate and provided by law, rule or
contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in
default and seeking debarment or suspension of the party.
PLEASE CHECK THE APPROPRIATE BOX:
I certify, pursuant to Public Law 2012, c. 25, that neither the bidder listed above nor any of the bidder’s parents,
subsidiaries, or affiliates is listed on the N.J. Department of the Treasury’s list of entities determined to be engaged
in prohibited activities in Iran pursuant to P.L. 2012, c. 25 (“Chapter 25 List”). I further certify that I am the person
listed above, or I am an officer or representative of the entity listed above and am authorized to make this certification
on its behalf. I will skip Part 2 and sign and complete the Certification below.
OR
I am unable to certify as above because the bidder and/or one or more of its parents, subsidiaries, or affiliates is
listed on the Department’s Chapter 25 List. I will provide a detailed, accurate and precise description of the activities
in Part 2 below, sign and complete the Certification below.
PART 2: PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN
You must provide a detailed, accurate and precise description of the activities of the bidding person/entity, or one of its
parents, subsidiaries or affiliates, engaging in the investment activities in Iran on additional sheets provided by you.
Certification: I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any
attachments thereto to the best of my knowledge are true and complete. I attest that I am authorized to execute this
certification on behalf of the above-referenced person or entity. I acknowledge that Borough of Middlesex is relying on the
information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this
certification through the completion of any contracts with the Borough to notify the Borough in writing of any changes to the
answers of information contained herein. I acknowledge that I am aware that it is a criminal offense to make a false statement
or misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal prosecution under the law
and that it will also constitute a material breach of my agreement(s) with the Borough of Middlesex, New Jersey and that the
Borough at its option may declare any contract(s) resulting from this certification void and unenforceable.
Full Name (Print)___________________________________ Signature: _______________________________________
Title _____________________________________________ Date:____________________
REV 12/2018
30
BOROUGH OF MIDDLESEX
ACKNOWLEDGMENT OF RECEIPT OF ADDENDA
The undersigned Bidder hereby acknowledges receipt of the following Addenda:
ADDENDUM
NUMBER
DATE
ACKNOWLEDGE RECEIPT
(Initial)
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
______________
No Addenda were received:
Acknowledged for:
(Name of Bidder)
By:
(Signature of Authorized Representative)
Name:
(Print or Type)
Title:
Date:
REV 12/2018
31
EXHIBIT A
EVALUATION SHEET
BOROUGH OF
MIDDLESEX
EVALUATORS NAME
Write NA if
category
COMPANY NAME
does not apply.
Understanding the Requested Work
10 Points
Category
0 Points
1 - 2 Points
3 - 4 Points
Points Given
Demonstrates clear
Does not demonstrate clear
Proposal points are
Proposal is clear, readable
understanding
understanding
adequately defined
and precise
0 Points
1 - 2 Points
3 Points
Completeness and
Does not address major
Proposal absent some non-
Proposal complete and
responsiveness to RFP
requirements
critical points
responsive
Compliance with
Does not comply
Complies substantially
Complies with all
instructions and requests
instructions and requests
Knowledge and Professional Compliance
25 Points
Category
0 - 2 Points
3 - 4 Points
5 - 6 Points
Points Given
Education and training of
Minimal training, no formal
Some prior experience, some
High level of education and
employees, suitability to
education, new performer
training and documented
training, well proven
perform the required tasks
performance
performance
0 Points
1 - 2 Points
3 - 7 Points
Does respondent have the
Not adequately documented
Proposal uses some current
Well documented use of the
character, integrity,
technology
latest technologies
reputation, judgment,
experience & efficiency
required by the Professional
0 Points
1 - 2 Points
3 - 4 Points
QA/QC Process
Not adequately documented
QA/QC documented, but
QA/QC documented with
with little oversight
significant oversight
0 Points
1 - 3 Points
4 - 8 Points
Primary Professional vs.
More than one Sub-
Only one Sub-Professional
Primary Professional will do
subcontracted resources
Professional
providing 50% of resources
entire project
depending on nature of sub
to be used
and percentage of project
Ability to Perform Services in a Timely Manner
15 Points
Category
0 Points
1 - 2 Points
3 - 4 Points
Points Given
Scheduling Timeline
Cannot meet schedule
Meets most of schedule
Meets entire schedule
0 - 1 Points
2 - 3 Points
4 - 6 Points
Personnel & Resources
May not be sufficient
Sufficient for project
Dedicated resources
0 - 2 Points
3 - 4 Points
5 Points
Primary Professional
Primary Professional has not
Primary Professional has
No Sub-Professional or a
relationship Sub-
worked with Sub-
limited experience with Sub-
proven record with Sub-
Professionals
Professional
Professional
Professional
REV 12/2018
32
Management, Experience and Personnel Qualifications
25 Points
Category
0 Points
1 - 2 Points
3 Points
Points Given
Project Management Plan
Not demonstrated as sound
Plan is average
Plan is sound and detailed
Project Management Team
Does not meet qualifications
Qualified but little
Well qualified and has
experience working together
collaborated on similar projects
0 Points
1 -2 Points
3 - 5 Points
Record of reliability and
Not documented
Some documentation
Track record of high quality
quality of service
0 - 1 Points
2 - 4 Points
5 - 7 Points
Scope of Work Experience
Few related projects
Some similar projects
Numerous similar projects
Experience in performing
Limited experience
Good experience
Exceptional experience
similar work by employees
Management, Experience and Personnel Qualifications
25 Points
Category
0 Points
2 Points
3 Points
Points Given
Explanation of costs
Costs not explained
Some correlation provided
Well documented
0 - 4 Points
5 - 10 Points
11 - 15 Points
Cost comparison
Highest third in salary
dollars
Middle third in salary dollars
Lowest third in salary dollars
0 - 1 Points
2 - 3 Points
4 - 6 Points
Other costs, copies, travel, etc
Travel and copy cost in
Copy cost equal to OPRA
costs
None
excess of OPRA
0 Points
1 - 2 Points
3 Points
Additional Services
No needed additional
Possible additional services
Needed additional services
services identified
identified, costs not included
identified and included
TOTAL POINTS AWARDED
--- Document: BID: Addendum No. 1 – Joint Land Use Board Services ---
BOROUGH OF MIDDLESEX
NOTICE OF ADDENDUM NO. 1
PROFESSIONAL SERVICES RFP – JOINT LAND USE BOARD SERVICES - 2020
Addendum No. 1 has been issued for the Bid pertaining to Professional Services – Joint Land use
Board Services - 2020 for the Borough of Middlesex on Wednesday, January 8, 2020 and posted
on Borough website.
Copies of Addendum No. 1 may be seen or procured at the following location: Borough of
Middlesex, 1200 Mountain Avenue, Middlesex, NJ 08846 during regular business hours Monday-
Friday, 8:30 a.m. – 4:00 p.m. or on the Borough’s website at www.middlesexboro-nj.gov.
TO ALL CONCERNED: The original bid specification package for the above referenced project is
amended as noted in Addendum No.1.
CONCERNING SEPARATE SUBMISSIONS FOR EACH POSITION:
1. Please submit separate submissions for each position.
Carmen Modica
Purchasing Agent
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"...Vendors headquarters and staff must be located in New Jersey..."
performance bond
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"...prescribed by law. The check or bond of the bidder to whom the contract is awarded shall be retained until a contract is executed and the required performance bond or other security is submitted. The check or bond of the successful bidder shall be forfeited if bidder fails to enter into contract pursuant to st..."
liquidated damages
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"...ion of any forms or documents from a prior bid or resubmission shall be reason to find your bid for the current opportunity non-responsive. 37. LIQUIDATED DAMAGES - For Construction and Road Improvement bids The completion date of the work is 120 calendar days from the date of the Notice to Proceed. The cont..."
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Visit Bid PortalMiddlesex 2025 Road ProgramRE-ISSUED COMPETITIVE CONTRACT #: 001-2026: INFORMATION TECHNOLOGY AND COMPUTER CONSULTING SERVICES FPR COMPUTERS, PROGRAMS AND PERIPHERAL COMPUTER EQUIPMENT THROUGHOUT THE DEPARTMENTS OF THE BOROUGH OF MIDDLESEBid 01-26 Tree Removal, Tree Trimming, Stump Grinding.NOTICE TO BIDDERS: Middlesex 2025 Road Program – LA – 2025REQUESTS COMPETITIVE CONTRACT PROPOSALS FROM INDIVIDUALS/FIRMS INTERESTED IN PROVIDING INFORMATION TECHNOLOGY MANAGEMENT AND COMPUTER CONSULTING SERVICES FOR COMPUTERS, PROGRAMS AND PERIPHERAL COMPUTER EQUIPMENT THROUGHOUT THE DEPARTMENTS OF THE BOROUGH OF MIDDLESEX+ IT SERVICE COMPETITIVE CONTRACT ADDENDUMNOTICE OF INTENT TO AWARD CONTRACT - The Borough of Middlesex intends to participate in the OMINIA Partners Cooperative contract for the purchase software and equipment for the new door access systems for Borough Hall and Police HeadquartersRFP – 2024-007 - PUBLIC NOTICE UNDER A FAIR AND OPEN PROCESS FOR THE SOLICITATION OF QUALIFICATIONS AND RATES FOR RISK MANAGER- HEALTH INSURANCE CONSULTING SERVICESRFP–Re-Bid-2024-08 - PUBLIC NOTICE UNDER A FAIR AND OPEN PROCESS FOR THE SOLICITATION OF QUALIFICATIONS AND RATES FOR LEGAL COUNSEL – BOARD OF HEALTH ATTORNEY10RFP- 2026 PROFESSIONAL SERVICES - PUBLIC NOTICE UNDER A FAIR AND OPEN PROCESS FOR THE SOLICITATION OF QUALIFICATIONS AND RATES FOR VARIOUS PROFESSIONALSNOTICE TO BIDDERS - Mountain View Park Playground & Restroom Design in the Borough of Middlesex, Middlesex County, New JerseyNOTICE TO BIDDERS - For 1st Street, 2nd Street, Seneca Avenue & Rutgers Lane projectRFP-2024-006 - FOR PUBLIC RELATIONS AND DESIGN CONSULTING SERVICESRFP–2024-005 - VARIOUS PROFESSIONALS FOR APPOINTMENT JANUARY 1, 2025 THROUGH DECEMBER 31, 2025 AND SPECIAL PROJECTS ON A PROJECT BY PROJECT BASISAddendum #1READ MORERFP Re-Bid 2024-003 Tree Inventory ConsultantRFP - 2024-02 - Professional Planning, Landscape Design and Engineering ConsultantAd#1Ad#2SurveyNOTICE TO BIDDERS - Automated Doors For Middlesex Borough Library - BID #: 003-2024RFP – 2024-001 • PUBLIC NOTICE UNDER A FAIR AND OPEN PROCESS FOR THE SOLICITATION OF QUALIFICATIONS AND RATES FOR TREE INVENTORY CONSULTANTNOTICE TO BIDDERS - TREE REMOVAL, TREE TRIMMING, STUMP GRINDINGNOTICE TO BIDDERS - Furnish and Deliver Electrical Services for All Borough of Middlesex Facilities and Locations - BID #: 001-24Addendum No. 1 - Electrical Services BID #001-24NOTICE OF PUBLIC INTERNET AUCTIONNOTICE TO BIDDERS - 2023 NJDOT Douglass Lane, Rutgers Lane & Princeton Drive projectRFP-2023-08 LEGAL COUNSEL – BOARD OF HEALTH ATTORNEYRFP-2023-06 PROFESSIONAL SERVICES 2024RFP-2023-06 - Addendum No. 1RFP-2023-07 PUBLIC RELATIONS AND DESIGN CONSULTING SERVICES 2024RFP-2023-07 - Addendum No. 1RFP-2023-07 - Addendum No. 2RFP-2023-07 - Addendum No. 3BID 2023-001 - Middlesex PD RTU ReplacementRFP - PROFESSIONAL SERVICES Legal Counsel-Bond and Legal Counsel-Conflict RedevelopmentRFP-2023-04 (Re-Bid) PRIVATE COLLECTION OF MUNICIPAL DEBTAddendum No. 1 - RFP-2023-04 (Re-Bid)RFP - 2023-002 BOARD OF HEALTH ATTORNEY RE-BIDRFP - 2023-002 PRIVATE COLLECTION OF MUNICIPAL DEBTRFP - 2023-001 BOARD OF HEALTH ATTORNEYNOTICE TO BIDDERS - Middlesex PD RTU ReplacementRFP - PROFESSIONAL SERVICES for Risk Management, Environmental Engineer and C-4 Operator 2023NOTICE TO BIDDERS - Electrical ServicesNOTICE TO BIDDERS Public Relations Consulting Services 2022 - re bidADDENDUM No. 1 - clarification to Term of ContractRFP - PROFESSIONAL SERVICES - Engineering Services (Land Use Board); Legal Counsel (Labor); and Public Defender; 2022RFP - ADDENDUM No. 1REQUEST FOR PROPOSAL - Public Relations and Design Consulting Services for 2022RFP - ADDENDUM No. 1Request for Bids - Professional Services For 2022Request for Bids - Re-Advertisement - Greenbrook Road and Louis Avenue Pump StationsRequest for Bids - 2020 Road ProgramRequest for Bids - Rehabilitation of Sanitary Sewers Phase II Greenbrook Road and Louis Avenue Pump StationsRequest for Written Quotation – Recreation Center Cleaning Services (this is not an order) RFQ #2021-01RFQ - ADDENDUM No. 1 - Recreation Center Cleaning Services RFQ #2021-01RFQ - ADDENDUM No. 2 - Recreation Center Cleaning Services RFQ #2021-01MAFY 2019 ROAD IMPROVEMENT PROJECT - FISHER AVENUE AND ASHLAND ROADMAFY 2019 ROAD IMPROVEMENT PROJECT - FISHER AVE & ASHLAND RD - Addendum No. 1SOLICITATION OF QUALIFICATIONS AND RATES FOR PUBLIC RELATIONS AND DESIGN CONSULTING SERVICESPUBLIC RELATIONS AND DESIGN CONSULTING SERVICES - ADDENDUM NO.1RFP: PROFESSIONAL SERVICES FOR 2021PROFESSIONAL SERVICES FOR 2021 ADDENDUM NO. 1PROFESSIONAL SERVICES FOR 2021 ADDENDUM NO. 2RFP: ARCHITECTURAL SERVICES FOR THE REDESIGNING AND RENOVATION OF BOROUGH HALLARCHITECTURAL SERVICES ADDENDUM NO. 1ARCHITECTURAL SERVICES ADDENDUM NO. 2ARCHITECTURAL SERVICES ADDENDUM NO. 3ARCHITECTURAL SERVICES ADDENDUM NO. 4ARCHITECTURAL SERVICES ADDENDUM NO. 5SUPPLY AND INSTALLATION OF SUNBURST AERATING FOUNTAIN/MIXER Bid #2020-002ABID #2020-002A - ADDENDUM NO. 1BID #2020-002A - ADDENDUM NO. 2BID #2020-002A - ADDENDUM NO. 3BID: $6,550,524 BOND ANTICIPATION NOTES, SERIES 2020ABID: Tree ServiceBID - Tree Service - NOTICE OF ADDENDUM NO. 1BID - Tree Service - NOTICE OF ADDENDUM NO. 2RFQ: Recreation Center Cleaning ServicesRFQ: Recreation Center Cleaning Services Addendum #1BID: Electrical ServicesRFP: Legal Counsel - Municipal ProsecutorAlternate Public Defender - One Time UseBID: Conflict Borough AttorneyRFP: JOINT LAND USE BOARD SERVICES - 2020BID: Addendum No. 1 – Joint Land Use Board Services
Contacts
Francis J. Decibus
Purchasing Agent
hidden@email.com
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Timeline
First Discovered
Apr 28, 2026
Last Info Update
Apr 30, 2026
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